The Role of the Designer in Irish Construction Safety: Duties Under the Construction Regulations 2013
Architects, engineers, and specialist subcontractors all have legal duties to design for safety under the Construction Regulations 2013.
# The Role of the Designer in Irish Construction Safety: Duties Under the Construction Regulations 2013 When people think about construction safety, they typically think about what happens on site: hard hats, scaffolding, risk assessments, and site inspections. But many of the most serious hazards in construction are created long before a worker sets foot on site. They are built into the design. The way a building is designed determines how it will be built, and how it will be built determines what risks workers will face. This is why the Safety, Health and Welfare at Work (Construction) Regulations 2013 impose specific legal duties on designers — not just on contractors and employers. Understanding these duties is important for architects, structural engineers, civil engineers, and any other professional involved in the design of construction projects in Ireland. ## Who Is a "Designer" Under the Construction Regulations? The Construction Regulations 2013 define a designer as "any person who in the course of a business, prepares or modifies a design for a structure or arranges for or instructs any person under their control to do so." This is a broad definition that includes: - Architects - Structural and civil engineers - Building services engineers (mechanical and electrical) - Quantity surveyors who specify materials or methods - Specialist subcontractors who design elements of the works - Clients who design their own projects The definition also extends to those who modify existing designs. If an engineer amends a structural drawing during the construction phase, they are acting as a designer for the purposes of the regulations. ## The Core Duty: Design for Safety The fundamental duty on designers is set out in Regulation 9 of the Construction Regulations 2013. It requires every designer to: **Avoid foreseeable risks to the safety and health of persons constructing or maintaining the structure.** This means that when making design decisions, the designer must consider the safety implications for the workers who will build and maintain the structure. Where a design choice creates a foreseeable risk, the designer must consider whether the risk can be avoided by a different design approach. **Reduce risks at source where they cannot be avoided.** Where a risk cannot be eliminated entirely, the designer must take steps to reduce it. This might mean specifying safer materials, designing structures that can be built using safer methods, or providing information that allows contractors to plan their work safely. **Give priority to measures that protect all workers over measures that protect only individual workers.** This reflects the general principle in health and safety law that collective protective measures (such as edge protection or safe access routes) are preferred over individual measures (such as personal protective equipment). **Provide information about residual risks.** Where risks remain after the design has been completed, the designer must provide information about those risks to the PSDP (Project Supervisor Design Process) so that they can be included in the Preliminary Health and Safety Plan and communicated to contractors. ## Practical Examples of Design for Safety The duty to design for safety is not abstract. It has practical implications for every design decision. The following are examples of how the duty applies in practice: **Roof access.** A designer who specifies a flat roof should consider how the roof will be accessed for maintenance. If no safe access route is designed in, maintenance workers will face a falls risk every time they access the roof. The designer should specify a permanent access hatch, fixed ladder, and edge protection as part of the design. **Structural steelwork.** A designer who specifies a complex structural steel frame should consider how the steelwork will be erected safely. If the design requires workers to make connections at height in awkward positions, the designer should consider whether the design can be simplified or whether temporary works provisions should be included. **Fragile roofing materials.** A designer who specifies fragile roofing materials — certain types of rooflights, for example — must provide information about the fragility of the materials so that contractors can plan safe working methods. **Buried services.** A designer who is aware of buried services on a site must include information about their location in the design documentation so that contractors can plan excavation work safely. **Hazardous materials.** A designer who specifies materials that contain hazardous substances — certain adhesives, sealants, or coatings — must provide information about the hazards so that contractors can implement appropriate controls. ## The Designer's Relationship with the PSDP The designer does not work in isolation. On projects where a PSDP is required (all projects involving more than one contractor), the designer must cooperate with the PSDP and provide the information needed for the PSDP to carry out their functions. Specifically, the designer must: - Provide the PSDP with information about any significant residual risks in the design - Cooperate with the PSDP in preparing the Preliminary Health and Safety Plan - Notify the PSDP of any design changes that may affect health and safety - Provide information for the Safety File The PSDP coordinates the health and safety aspects of the design process and ensures that the various designers on a project are working together to manage risks. The designer's duty is to cooperate with this process and provide the necessary information. ## When Does the Duty Apply? The designer's duty applies throughout the design process — from the earliest concept stage through to the completion of detailed design. It also applies to design changes made during the construction phase. The duty applies regardless of the size of the project. Even on small projects that are not notifiable to the HSA, designers have a duty to consider the safety implications of their design decisions. ## Common Misconceptions **"Safety is the contractor's responsibility."** This is a common misconception. While contractors have significant health and safety responsibilities, designers also have legal duties. The Construction Regulations 2013 are explicit that designers must consider safety during the design process, not leave it entirely to contractors to manage on site. **"I only design the structure — the contractor decides how to build it."** The designer's duty extends to foreseeable construction risks, not just the risks associated with the completed structure. If a design creates a foreseeable risk during construction, the designer has a duty to address it. **"The duty only applies to large or complex projects."** The duty applies to all construction projects, regardless of size or complexity. However, the level of effort required to discharge the duty is proportionate to the risks involved. ## Liability Implications Designers who fail to meet their duties under the Construction Regulations 2013 face potential criminal prosecution by the HSA. The HSA has the power to issue improvement notices and prohibition notices, and can prosecute designers for non-compliance. In the event of a construction accident, a designer whose design contributed to the accident may also face civil liability. Courts have found designers liable for accidents caused by foreseeable risks that were not addressed in the design. ## Practical Steps for Designers **Integrate safety into the design process from the outset.** Safety considerations should not be an afterthought. The best time to address safety risks is at the concept stage, when design changes are easiest and cheapest to make. **Document your design decisions.** Keep a record of the safety considerations you have addressed and the decisions you have made. This provides evidence that you have discharged your duties if questions arise later. **Communicate residual risks.** Where risks remain after the design is complete, communicate them clearly to the PSDP and ensure they are included in the Preliminary Health and Safety Plan. **Stay up to date.** The Construction Regulations 2013 and the HSA's guidance on designer duties are the key references. Ensure you are familiar with both. ## Conclusion The Construction Regulations 2013 impose clear legal duties on designers to consider the safety implications of their design decisions and to reduce foreseeable risks at source. These duties apply to all designers — architects, engineers, and specialist subcontractors — on all construction projects in Ireland. Meeting these duties is not just a legal obligation. It is also good professional practice. Designs that are safe to build are also generally better designs — more buildable, more maintainable, and less likely to generate costly problems during construction. If you need assistance understanding your duties as a designer, or if you are a client who wants to ensure that your design team is meeting their obligations, Safety Check can help. Contact us at [safetycheck.ie/contact](https://www.safetycheck.ie/contact). ## References [1] Safety, Health and Welfare at Work (Construction) Regulations 2013, Regulation 9. Available at: https://www.irishstatutebook.ie/eli/2013/si/291/made/en/print [2] Health and Safety Authority - Designer Duties. Available at: https://www.hsa.ie/eng/your_industry/construction/legislation_and_guidance/construction_regulations_2013/ [3] Safety, Health and Welfare at Work Act 2005. Available at: https://www.irishstatutebook.ie/eli/2005/act/10/enacted/en/html