Appointing a PSDP: Who Can Do It and What the Appointment Must Cover
Appointing a PSDP is a legal requirement for most construction projects in Ireland.
# Appointing a PSDP: Who Can Do It and What the Appointment Must Cover **Slug:** appointing-psdp-ireland-who-can-do-it-requirements **Category:** PSDP / PSCS **Meta description:** Appointing a PSDP is a legal requirement for most construction projects in Ireland. This guide explains who must make the appointment, what the appointment must cover, and the consequences of getting it wrong. **Focus keyword:** appointing PSDP Ireland requirements --- The Project Supervisor Design Process (PSDP) is one of the most important appointments a client makes on a construction project in Ireland. Yet it is also one of the most frequently misunderstood. Many clients appoint a PSDP without fully understanding what the role involves, what the appointment must cover, or what happens if the appointment is not made correctly. This article explains who must appoint a PSDP, who can be appointed, what the appointment must cover, and the consequences of failing to make the appointment. --- ## When Must a PSDP Be Appointed? The duty to appoint a PSDP arises under the Safety, Health and Welfare at Work (Construction) Regulations 2013. The Regulations require a client to appoint a PSDP for any construction project where: - More than one contractor will be involved in the project at any stage, or - The construction work is scheduled to last longer than 30 working days, or - The volume of work is scheduled to exceed 500 person-days In practice, the vast majority of commercial construction projects in Ireland meet at least one of these thresholds. Even a relatively modest fit-out or refurbishment project will typically involve more than one contractor, which triggers the duty to appoint a PSDP. The appointment must be made as early as possible in the design process, before design work commences. The PSDP's role begins at the design stage, not at the construction stage, and an appointment made after design is complete cannot fulfil the purpose of the role. --- ## Who Must Make the Appointment? The duty to appoint a PSDP rests with the **client**. The client is the person or organisation for whom the construction project is being carried out. In most cases, the client is the building owner or developer. Where the client is a domestic householder (a private individual having work done on their own home), the duty to appoint a PSDP may be transferred to the contractor, provided certain conditions are met. However, this transfer does not apply to commercial clients or to domestic clients who have construction work carried out for the purposes of a trade or business. --- ## Who Can Be Appointed as PSDP? The PSDP must be a competent person or organisation. The Construction Regulations 2013 define competence in terms of the knowledge, experience, and resources required to carry out the role. In practice, the PSDP is typically: - The project architect or engineer, where they have the necessary health and safety competence - A specialist health and safety consultant appointed specifically for the PSDP role - A project management company with the necessary competence The PSDP does not need to hold a specific qualification or licence, but they must be able to demonstrate competence in construction health and safety, including familiarity with the Construction Regulations 2013 and the specific hazards of the project. When appointing a PSDP, the client should ask the proposed appointee to demonstrate their competence by providing evidence of: - Relevant qualifications in construction health and safety (such as NEBOSH Construction Certificate, IOSH membership, or equivalent) - Experience of acting as PSDP on similar projects - Knowledge of the Construction Regulations 2013 and the specific hazards of the project type - Adequate resources (time, personnel, and equipment) to carry out the role --- ## What Must the Appointment Cover? The appointment of a PSDP should be made in writing and should clearly set out: **The scope of the role:** The appointment should specify the project to which it relates and the scope of the PSDP's responsibilities. The PSDP's role under the Construction Regulations 2013 includes: - Identifying hazards arising from the design or from the technical, organisational, planning, or time-related aspects of the project - Ensuring that designers take account of the general principles of prevention in their designs - Preparing the Preliminary Health and Safety Plan before tenders are invited - Coordinating the implementation of the general principles of prevention during the design stage - Preparing and maintaining the Safety File - Handing over the Safety File to the client on completion of the project **The fee and resources:** The appointment should specify the fee for the PSDP's services and the resources that the PSDP will apply to the role. An underfunded PSDP appointment is one of the most common causes of PSDP failure: if the fee does not reflect the time required to carry out the role properly, the PSDP will not be able to fulfil their legal duties. **The programme:** The appointment should specify the programme for the PSDP's involvement, including the key milestones at which the PSDP's input is required (design reviews, tender stage, construction stage, completion). **The reporting arrangements:** The appointment should specify how the PSDP will report to the client and to the design team, and how issues identified during the design review process will be resolved. --- ## The Consequences of Not Appointing a PSDP Failure to appoint a PSDP where one is required is a breach of the Construction Regulations 2013. The consequences can include: **Enforcement action by the HSA:** The HSA has the power to issue improvement notices and prohibition notices to clients who fail to comply with the Construction Regulations. In serious cases, the HSA can prosecute the client for a breach of the Regulations. The maximum penalty on conviction on indictment is a fine of €3 million and/or two years' imprisonment. **Civil liability:** If a worker is injured on a construction project where no PSDP was appointed, the client may be exposed to civil liability for the failure to comply with the Regulations. The absence of a PSDP may be treated as a contributing factor to the accident. **Practical consequences:** Without a PSDP, the Preliminary Health and Safety Plan will not be prepared, which means that contractors tendering for the work will not have the information they need to price the health and safety requirements of the project. The Safety File will not be prepared, which means that future contractors working on the building will not have the information they need to work safely. --- ## A Common Misunderstanding: The PSDP Is Not the PSCS The PSDP and the PSCS are two distinct roles with different responsibilities. The PSDP manages health and safety during the design stage; the PSCS manages health and safety during the construction stage. On most projects, they will be different people or organisations, although the same person can hold both roles if they have the competence and resources to do so. The client must appoint both a PSDP and a PSCS for projects that meet the thresholds set out in the Construction Regulations 2013. Appointing only one of the two roles is not sufficient. --- If you need a PSDP for your construction project, or if you need advice on the appointment process under the Construction Regulations 2013, Safety Check can assist. [Contact us](/contact) for practical guidance from a consultant with over 24 years of construction safety experience.