Design Risk Assessments

Am I legally required to keep detailed records of risk assessments

The HSA has stated that When conducting investigations the Authority will request evidence of risk assessments having been performed. Where no records of risk assessments exist an inspector will make the appropriate conclusions and a designer or director or partner of a design practice would need to take account of Sections 80 and 81 of the Act in attempting to mount any defence Q16: What advice can be given to Consultants undertaking design of specific 2 elements or aspects of temporary works for a contractor? A: Be specific about what elements of temporary works you will design and their exact purpose, and about the nature and extent of any on-site monitoring of its construction you are being engaged to provide. Find out, through the PSDP and the preliminary health and safety plan, which permanent-works designers have an involvement in those elements so you can liaise and cooperate with them. You must take account of any particular assumptions made by the permanent works designer in respect of particular construction or erection sequencing, or specific risk-control measures. The provision of information by a temporary works designer is governed by exactly the same principles as govern the provision of information by a permanent works designer. In particular, the HSA Guidelines (pg 47) would indicate that where a design is (and requires that construction be) based : o on a particular erection sequence or construction sequence; o on a particular, non-routine sequencing of installation and/or removal of falsework, temporary propping or formwork; or o on an unusual, non-routine loading restriction during construction; and where these factors might not be apparent to a competent contractor, then the designer should provide pertinent information. You should point out to the contractor the necessity to employ qualified and experienced supervisors on site. (See the HSA Guidelines, pp 32 and 47) Agree in writing beforehand what forms/certificates you will sign (which, if any, should accurately reflect your brief) - see Designing for Safety in Construction Section 15 of the 2005 Act relates to persons who control the construction site to any extent. Normally the contractor takes control contractually over the site during the construction period. If, and to the extent that, a designer or client or any other party (or a person such as a Resident Engineer or Clerk of Works) directs the contractor on construction methods, procedures, etc. they may assume responsibilities under section 15.

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Designers are not obliged by the Regulations to, inter alia: o Evaluate contractors proposals (unless and to the extent that your design assumes or requires a particular construction or erection sequence and where
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Briefing Note 2,Duties of Designers,(July 2011) ACEI/RIAI/SCS/EI Ibid 3 Ibid

this might not be apparent to a contractor see Q2 above also). o Exercise any health and safety management functions over contractors or others. o Review a contractors health and safety performance on the project (although, like anyone else, they should point out any practices they consider unsafe to an appropriate person such as the site manager). (Note: It is not a legal duty but clients may ask designers to assist in the assessment of the competence of contractors before their appointment.) Determine or choose the safest form of construction. Q20: Arising out of the new H&S legislation, are there provisions that should be 4 incorporated in construction contracts? A: ........ it should be provided in the contract documents at tender stage that the Main Contractor shall employ a competent temporary works designer to take overall responsibility for the stability of the structure during the envisaged construction process and that he shall also employ a suitably qualified site engineer to liaise with the temporary works designer, the permanent works designers, the PSDP and the PSCS. If appropriate to the particular contract, a provisional sum may be provided in the contract documents for this. The employment of such a temporary works designer to take overall responsibility for the stability of the structure during the envisaged construction process and of such a suitably qualified site engineer is for exceptional cases but does not eliminate the need for the normal appointment, by the Contractor, of competent temporary works engineers, together with suitably qualified and experienced designers and supervisors on site where required. Demolition, de-commissioning and dismantling are defined as construction work in the Regulations. Consultants are therefore advised to make it clear in the specification, or elsewhere in the construction contract documents, who shall be responsible for the design( as defined in the Regulations) of any demolition, decommissioning or dismantling work on the project. It is recommended that, to avoid any misunderstandings, the tender documents should expressly state that temporary works are to be deemed to include all temporary works necessary to ensure the stability of the partially completed permanent works, of partially demolished structures and of other structures and lands that might be affected by the works. Also, whilst it will remain the PSDPs statutory responsibility to prepare the safety file and deliver it to the Client (albeit with statutory duties on others to facilitate this),Briefing Note 1 advises that contractual provisions also should be put in place to ensure that the relevant information available to all contractors on the project will be provided in good time to the PSDP for him to comply with his responsibilities. Accordingly, the main contract should provide that the main contractor shall ensure that the PSCS shall be promptly provided, in writing, with all relevant information available to all contractors on the project necessary for the PSDP to prepare the safety file. Such contractual provisions should include a provision that an appropriate sum of money may be retained until all necessary information has been delivered to the PSDP through the PSCS. Q8.
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after the design of the permanent works has been substantially completed at tender stage of a traditionally procured project, the Contractors temporary works design becomes the predominant, although not the sole, outstanding design activity and, thus, from this point forward the activity of the designers is, arguably, best coordinated by the Contractor.)

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Briefing Note 2,Duties of Designers,(July 2011) ACEI/RIAI/SCS/EI Briefing Note 3, PSDP (July 2011) ACEI/RIAI/EI

Q10 What constitutes temporary works under the regulations? There is no statutory definition of temporary works in the Regulations but, contractually, all works not forming part of the permanent works and which are required to facilitate construction would normally be regarded as constituting the temporary works. They include temporary works needed to ensure the stability of partially erected permanent works. Temporary works may include such matters as trench shoring, scaffolding, propping, working platforms, gangways, access stairs/ladders, etc. Temporary works may also include items such as compounds, site traffic facilities, temporary road crossings, welfare facilities (temporary canteens, toilets etc. which can be very difficult to provide on some sites). Anyone who designs or specifies such works, or alters a design, or who specifies the adoption of certain methods of work or the use of specific materials during construction may be deemed to be a designer. Persons who make decisions on site in respect of these may be deemed to be a designer Q16
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The designers conclusions to that process are represented by the design itself (i.e. are presented in the designers drawings, project specifications an d other directions)

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Briefing Note 3, PSDP (July 2011) ACEI/RIAI/EI Ibid