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Near equivalentConstruction and height

Designer duty

The duty on any person who designs a structure in the course of a business to consider the health and safety of those who will construct, maintain, use and eventually demolish it, and to eliminate or reduce foreseeable risks through design choices.

Also known as

PSDPprincipal designer

By jurisdiction

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UK HSE

“designer duty”Exact equivalent

Regulation 9 of CDM 2015 (SI 2015/51) requires designers, when preparing or modifying a design, to eliminate foreseeable risks to the health or safety of persons carrying out construction work or likely to be affected by it. Where risks cannot be eliminated, designers must reduce or control them and provide information about residual risks.

RegulatoryConstruction (Design and Management) Regulations 2015 (SI 2015/51), regulation 9Source
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Irish HSA

“project supervisor for the design process”Close equivalent

The Construction Regulations 2013 (SI 2013/291) appoint the project supervisor for the design process (PSDP) to coordinate health and safety design considerations during the pre-construction phase. The PSDP is appointed by the client and must ensure designers comply with their duties to consider safety in design.

Jurisdiction note: In Ireland, the PSDP coordinates designer duties; in GB, the principal designer does. Individual designers have duties under CDM 2015 regulation 9 and under the Irish Construction Regulations.
RegulatorySafety, Health and Welfare at Work (Construction) Regulations 2013 (SI 2013/291)Source
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US OSHA

“designer duty”No equivalent

No equivalent in this jurisdiction.

Jurisdiction note: OSHA has no regulatory designer duty equivalent to CDM regulation 9. Some OSHA standards address design of equipment and processes but there is no general duty on building designers to consider construction worker safety.
RegulatorySource

Practitioner note: The duty applies from concept stage. A design decision that removes a hazard outright outranks anything added later in the construction phase plan.

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