Construction Regulation 6: Duties of the Designer  

Let’s break down these duties in a way that anyone can understand and see how they impact the construction process.

Compliance with Safety Standards

According to Regulation 6(1)(a), designers are required to ensure that the design complies with all the applicable safety standards as incorporated into the Construction Regulations under section 44 (Incorporation of health and safety standards in regulations) of the Occupational Health and Safety Act. This means that designers must be aware of the safety regulations relevant to their work and ensure that their designs adhere to them. From structural integrity to fire safety, every detail must align with legal safety standards.

Considering the Client’s Health and Safety Specification

Under Regulation 6(1)(b), the designer must take into account the Health and Safety Specification provided by the client. This specification is a key document prepared by the client (as we covered in Construction Regulation 5), and the designer must ensure that their designs align with these safety requirements. It serves as the foundation upon which all safety measures for the construction project are built.

Providing a Health and Safety Report to the Client

Before the project is put out to tender, the designer has a duty to prepare a report for the client under Regulation 6(1)(c). This report must include:

• Health and Safety Information: Details that could affect the pricing of the construction work, ensuring that contractors understand the safety measures that need to be implemented.
• Geotechnical Aspects: Information on the geological conditions (where appropriate) that may impact construction.
• Loading Capacity: The load that the structure is designed to withstand, crucial for ensuring the structure can bear all expected weight and stresses.

This report ensures that everyone involved in the project has a clear understanding of the safety and technical requirements before work begins.

Informing the Client of Hazards

Regulation 6(1)(d) mandates that the designer must notify the client in writing of any known or anticipated dangers or hazards associated with the construction work. This includes sharing any necessary information that will help the contractors execute the work safely. If the design changes at any point, the designer must update the client with any new hazards that may arise.

Avoiding Dangerous Procedures or Materials

One of the key duties of the designer, according to Regulation 6(1)(e), is to avoid including anything in the design that would necessitate the use of hazardous procedures or materials that could endanger workers. The designer should strive to modify the design or substitute dangerous materials to create a safer working environment whenever possible.

Designing for Maintenance Safety

Designers must also consider the safety of those who will maintain the structure after construction. Regulation 6(1)(f) states that the designer must take into account the hazards involved in any future maintenance work and ensure that the design minimizes these risks. This could include designing access points or platforms that make maintenance work safer.

Inspections During Construction

Under Regulation 6(1)(g), if the client mandates it, the designer must conduct inspections at key stages of the construction process to ensure that the work is being done according to the design’s safety aspects. If the designer is not mandated to do this, it becomes the responsibility of the client’s appointed agent to carry out these inspections.

Stopping Unsafe Work

Regulation 6(1)(h) gives the designer the authority to stop construction work if it is not being carried out in accordance with the design’s safety standards. If the designer is not mandated to stop the work, the client’s appointed agent must step in to halt any unsafe activities. This ensures that unsafe practices are identified and addressed before they lead to accidents or incidents.

Final Inspection and Declaration of Safety

When the construction work is completed, Regulation 6(1)(i) requires the designer (if mandated) to conduct a final inspection of the structure. This inspection must include health and safety aspects, and if everything meets the necessary standards, the designer declares the structure safe for use. They then issue a completion certificate to the client, confirming the building’s safety.

Ergonomic Design Principles

The designer must also incorporate ergonomic design principles during the design stage, as outlined in Regulation 6(1)(j). This means designing structures that minimize ergonomic hazards, such as awkward postures or repetitive movements, during both construction and future use. By considering how people will interact with the structure, the designer can reduce the risk of injury.

Duties of the Designer for Temporary Works CR 6(2)

Designers of temporary works, such as scaffolding or formwork, also have specific duties outlined in Regulation 6(2). These duties include ensuring that the temporary works are:

• Adequately designed to support all anticipated loads (Regulation 6(2)(a)).
• Designed with close reference to the structural design drawings provided by the contractor (Regulation 6(2)(b)).
• Properly documented, with all drawings and calculations available on request by an inspector (Regulation 6(2)(c)).
• Clearly indicating the loads caused by temporary works (Regulation 6(2)(d)).

The duties of designers, as outlined in Construction Regulation 6, are essential to ensuring that both the construction and long-term use of structures are safe. From considering health and safety specifications to avoiding dangerous materials, designers play a critical role in shaping the safety landscape of every project.

This blog has provided an overview of the responsibilities designers must uphold throughout the design and construction process. In the next part of our series, we’ll explore Construction Regulation 7: Duties of the Principal Contractor and Contractors, which covers the important roles contractors play in maintaining safety on-site.

How ZSC Can Help

Navigating these regulations can be complex, but Zenith Safety Consultants (ZSC) is here to help you every step of the way. Our team specializes in ensuring that both designers and clients comply with health and safety requirements at every phase of the construction project. Whether it's providing health and safety specifications, conducting safety audits, or assisting with the final inspection, ZSC is your trusted partner in promoting a safe and compliant work environment.

ZSC helps you integrate safety into your project design, ensuring that all regulatory requirements are met, and your project proceeds without safety concerns. Contact us to learn how we can make your project safer and compliant from start to finish on 021 010 0209 or This email address is being protected from spambots. You need JavaScript enabled to view it.