A.  The WHS Regulation 2011 (regulation 295) requires the designer to provide a safety report to the person who is conducting a business or undertaking (PCBU) who commissions the work (e.g. Client). In addition to this, section 22(4) of the Act says that anyone who receives a copy of your design should also receive your safe design information. Under this section, we advise that you would be required to issue your safe design report with your plans to persons such as the Client, Certifier or Council and the Builder. This has been confirmed by Safe Work Australia and Work Health and Safety Queensland.

A. Under the WHS Act, the safe design information must to be issued to anybody who is issued with a copy of the design. At a minimum, we would recommend issuing this information at the development application (DA) stage, again at the construction documentation (CD) stage, at the tender stage, and with the final design. The designer must also provide this information on request.

A.  Yes. The WHS legislation applies to residential projects to the extent that at some stages in their lifecycle residences are workplaces such as during construction, maintenance or repair by workers, or demolition at end of life. If the residence contains a workplace such as an office or workshop, or the owner employs staff that will be working at the residence, additional considerations would apply relating to the use of that workplace for that purpose. Other examples of residential projects that are a workplace during their use include aged care or managed apartments.

A.  Only those hazards in the control of the designer and that are not adequately covered by a recognised standard (i.e. Australian standard, code of practice, NCCA or other guideline) need to be included in the risk assessment process. Designers can identify the standards they apply to manage risks where possible (e.g. in reference list or list of recognised standards). Any residual risks from the design stage to be managed by those further down the lifecycle of the structure should also be detailed. See our eBook on safe design – Section 2: Risk Management for further information.

A.  Yes. There is a specific requirement under s22(5) of the WHS Act to provide current relevant information, on request, on how the designer has designed the structure to be without risk to health and safety to persons carrying out any activity relating to the construction, use, operation, maintenance, manufacture, demolition or disposal of that structure.

A.  If I design my building before the 1st of January 2012 but have not issued the final plans do I have to meet the legislative obligations? There are currently no transitional provisions in Queensland regarding the duties of designers of structures, which means you will still need a safe design report  for your designs if they haven’t been completed by 1 January 2012. NSW has transitional provisions for designers of structures.

A.  Designers can seek the advice of experts to assist them in discharging their duties and to prepare their safe design reports and risk assessments. It is important to ensure that you are receiving good advice and that the WHS consultant that is engaged has experience in the types of structures being assessed and holds professional indemnity insurance. It is important to note that designers cannot transfer their duties to another person and will remain the duty holder and must design the structure to be without risk to health and safety as far as is reasonably practicable.

A. No. The duties under s22 of the WHS Act apply to the design of all structures that could be reasonably be expected to be used as a workplace at any stage in their lifecycle, regardless of size or budget.

A. Yes. There are specific circumstances where a written safety report is a requirement (WHS Regulation reg.295).Under the WHS Act the designer must provide information on safe design through the lifecycle as a workplace to anyone who is issued with the design in order to give effect to it. The Code of Practice: Safe Design of Structures states that the information required under the WHS Act  can be incorporated into the safe design report required under the regulation. In addition to this requirement, information can be provided by other means – for example, meetings, notes on plans, or in a work health and safety file. This information will then be clearly available to people using that structure as, or at, a workplace during later phases in its lifecycle.

A. If the designer is still under contract and is in a position to influence the design during the construction stage , their duties would extend to this stage. They must also provide information on request regarding the safety of that design to people constructing the structure during this period.

A. Designs commissioned after the legislation was enacted would have to comply with the new WHS Act and Regulations. Please contact your state regulator for specific information relating to transitional provisions for designs commissioned prior to the legislation as they vary in each jurisdiction. Most transitional provisions have now ended.