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Designers need to consider safety of people during the lifecycle of the structure when it will be used as a workplace. The main phases are during:
Below, we’ve provided a few details of the general hazards in the Construction Phase that designers can consider. This is not a complete list, however Designers should follow a systematic approach to identifying hazards. The CHAIR Process may assist in working through the identification process. 
While designers may not have management and control over the actual construction work, they can discharge their duties by consulting, cooperating and coordinating activities, where reasonably practicable, with those who have control of construction work. They must also alert the principal contractor of any potential hazards that have not been eliminated through the design of the structure. Designers can ensure that the structures that they design can be safely constructed by considering factors such as:
The Code of Practice: Preventing Falls in Housing Construction (2012) provides greater detail including specification requirements.
Safe Design Australia has many years of experience working with building designers from around the world on large-scale and small scale commercial and residential developments. We’ve built up a comprehensive library of hazard identification and risk elimination and minimisation options specific to healthcare and hospitals, schools and education facilities, childcare centres, residential multi-storey developments, commercial and retail buildings and more. If you need assistance for your specific project – get in touch! We can help you with specifically customised safe design documentation to assist you in your project.
Safe Design Australia can facilitate workshops for your safe design projects. We’ve developed an effective process for workshops and have conducted workshops from small projects to skyscrapers and complex facilities. We can also facilitate workshops using and adaptation of the CHAIR Process.
If you would like to run your own workshops, we can help you with the tools and training to do this in our Procedures, Templates and Training package.
Need more info, contact us.
It is important that designers are aware of what is covered by their insurance policies in relation to Safe Design and WHS legislation.
Professional indemnity insurance will cover the designer for civil or common law claims, but most do not cover criminal prosecutions or fines and penalties which may arise from a breach of WHS legislation.
We suggest designers familiarise themselves with their existing insurance policies and ensure that they’re covered. A few insurers are now including some form of cover for damages and fines in their professional indemnity insurance packages. We advise you ask your insurer about the extent of the cover provided.
When changing insurers, it’s also important that designers request that the retroactive date be set to unlimited to ensure they’re covered for work prior to changing to the new insurer. If a designer retires or ceases to operate, it would be prudent to obtain ‘run off’ cover as the safe design legislation applies for the life of the structure.
If you’re a building designer, architect, engineer, or other building design professional, we encourage you to enrol in our flexible and convenient ‘Safe Design Online Short Course’.
It has been designed to assist you understand and practice safe design principles and is endorsed by the Safety Institute of Australia (SIA)’s Professional Development.
Need more info, contact us.
As a designer, are you fully aware of the work health and safety legislation and regulations in the State or Territory that you practice?
In 2009, Safe Work Australia (SWA), was established to improve work health and safety and workers’ compensation arrangements across Australia. Following a national review into relevant laws across the country, in addition to extensive public consultation, SWA created a model work health and safety (WHS) Act and WHS Regulation endorsed by the Workplace Relations Ministers’ Council (WRMC). The harmonisation of WHS legislation in Australia was proposed to:
All states and territories agreed to harmonise their work health and safety laws so each jurisdiction would be similar, however individual state and territory regulators are responsible for adopting and enforcing their own laws. And, designers have a responsibility to ensure they’re meeting the relevant requirements in their individual state or territory.
The following framework shows how the elements under WHS legislation correlate:
The legislation and corresponding regulations in each state and territory in Australia vary slightly. It’s important that designers are familiar with their duties in the state or territory in which they practice. The following table has an overview, with relevant links to help.
|
State or Territory |
Legislation | Regulator and Harmonisation Date |
| Australian Capital Territory
|
Work Health and Safety Act 2011 (ACT); and Work Health and Safety Regulation 2011 (ACT).
Consider safety during:
Includes commercial and residential buildings. |
WorkSafe ACT
Commenced 1 January 2012
|
| New South Wales
|
Work Health and Safety Act 2011 (NSW); and Work Health and Safety Regulation 2017 (NSW).
Consider safety during:
Includes commercial and residential buildings. |
WorkCover NSW and SafeWork NSW
Commenced 1 January 2012
|
| Northern Territory
|
Work Health and Safety (National Uniform Legislation) Act 2011 (NT); and Work Health and Safety (National Uniform Legislation) Regulations 2011 (NT).
Consider safety during:
Includes commercial and residential buildings. |
NT WorkSafe
Commenced 1 January 2012
|
| Queensland
|
Work Health and Safety Act 2011 (Qld); and Work Health and Safety Regulation 2011 (Qld).
Consider safety during:
Includes commercial and residential buildings. |
Workplace Health and Safety Queensland / WorkCover Qld
Commenced 1 January 2012
|
| South Australia
|
Work Health and Safety Act 2012 (SA); and Work Health and Safety Regulations 2012 (SA).
Consider safety during:
Includes commercial and residential buildings. |
SafeWork SA
Commenced 1 January 2013
|
| Tasmania
|
Work Health and Safety Act 2012 (Tas); and Work Health and Safety Regulations 2012 (Tas)
Consider safety during:
Includes commercial and residential buildings. |
WorkSafe Tasmania
Commenced 1 January 2013
|
| Victoria
|
Occupational Health and Safety Act 2004 (Vic); and Occupational Health and Safety Regulations 2017 (Vic).
Consider safety during:
Excludes:
|
WorkSafe Victoria
Commencement of National legislation – currently deferred
|
| Western Australia
|
Occupational Safety and Health Act 1984 (WA); and Occupational Safety and Health Regulations 1996 (WA).
Consider safety during:
Excludes:
|
WorkSafe WA
Commencement of National legislation – currently deferred
|
| Commonwealth
|
Work Health and Safety Act 2011 (Cth); and Work Health and Safety Regulations 2011 (Cth).
Consider safety during:
Includes commercial and residential buildings. |
Commenced January 2012
|
Want to find out more about your Safe Design obligations and how to navigate these in relation to your specific design project? Get in touch! You can also download our FREE EBOOK.
We’ve also developed a great training resource specifically for building designers, architects, engineers, and other building design professionals. Check out our flexible and convenient ‘Safe Design Online Short Course’, designed to assist you understand and practice safe design principles. It’s endorsed by the Safety Institute of Australia (SIA)’s Professional Development.
Need more info, contact us.
Designers can identify hazards to eliminate or minimise risk in design, construction and use of a structure by consulting with other duty holders through formal Safe Design Workshops.
An early workshop – during the design phase – can involve a brainstorming process where key stakeholders, led by a facilitator, consider potential hazards and evaluate the design.
Subsequent workshops can encourage stakeholders to participate and consult on detailed design issues relating to the construction, maintenance, use for purpose or demolition of the structure being designed.
WorkCover NSW (now known as SafeWork NSW) developed a safety in design tool known as the Construction Hazard Assessment Implication Review Process (CHAIR Process) which uses guidewords as a prompt to promote discussion.
The CHAIR process recommends the use of a facilitator to help guide the process to ensure that there are not any issues that may have been overlooked.
It’s recommended that a diverse range of stakeholders and a systematic methodology is used to significantly reduce the chance of overlooking a major problem.
The hazard categories or guidewords found in the CHAIR Process tool may be useful in assisting the designer or facilitator to guide discussions to identify potential hazards. People that can participate in safe design workshops include:
Consideration of potential hazards should also be identified and solutions proposed to improve the safety of the structure for when it is used as a workplace. Particularly in relation to:
The Safe Design Workshop Facilitator should be a person that is sufficiently removed from the design process so that they don’t take any suggestions as criticism or feel the need to defend the design concept.
The designer or facilitator should follow a systematic approach in identifying and discussing potential hazards relating to the design. It’s important to document the discussions and outcomes, including items that require further action so that there is a structured approach to the Workshop.
The Safe Design Workshop may be used to help populate the designer’s risk register which forms part of the safety report.
For further information on safe design workshops refer to the Construction Hazard Assessment Implication Review (CHAIR) Safety in Design Tool, WorkCover NSW.
Safe Design Australia can facilitate workshops for your safe design projects. We’ve developed an effective process for workshops and have conducted workshops from small projects to skyscrapers and complex facilities. We can also facilitate workshops using the CHAIR Process.
If you would like to run your own workshops, we can help you with the tools and training to do this in our Procedures, Templates and Training package.
Need more info, contact us.
Fire safety for childcare centres in highrise buildings.
The Australian Building Codes Board (ABCB) raised an important topic recently around the changing use of highrise buildings for facilities other than office or residential spaces, and managing fire safety.
With the ever-increasing need to provide centralised and convenient services to a changing and dynamic workforce, accommodating working parents, more and more childcare centres are being built in multi-storey and highrise spaces in CBDs.
This brings its own unique concerns and considerations when it comes to managing fire safety. How do you evacuate children and infants with limited mobility, safety and swiftly in the event of fire? Fire stairs are not designed for children, handrails out of reach, multiple steps, two-way traffic, infants who need to be carried, limited carers to name a few.
The ABCB recognises that amendments to the National Construction Code may be one part of the solution, but recognises that other options also need to be considered.
The ABCB suggests a multi-faceted approach. “Options include:
Read the full ABCB Article here.
Our Case Study article identifies several unique requirements and safe design considerations that Childcare centres in multi-storey buildings need, particularly where the childcare facility is often ‘retro-fit’ into a pre-existing structure. It requires a range of design considerations including safety of play areas and outdoor facilities, visibility and security requirements, parking and traffic management, as well as fire safety.
The changing use of existing structures is a key aspect of safe design and opens up a bevy of design constraints and considerations. Lots of food for thought here.
If you’re a building designer, architect, engineer, or other building design professional, we encourage you to enrol in our flexible and convenience ‘Not Boring Safe Design Course’, designed to assist you understand and practice safe design principles.
Need more info, contact us.
The ‘Not boring safe design course’.
Safe design can prevent injury, improve productivity and usability, reduce costs, and help manage production and operations of your design projects.
But most importantly, it incorporates innovative, best practice design principles.
As building designers, safe design also helps you meet your obligations under Work Health and Safety (WHS) legislation. Why? Because you have a legal duty to do so.
Let’s be honest — no-one gets excited about safety. There’s certainly very little enthusiasm for Safe Design. But… What if it wasn’t boring?
That’s why we developed a flexible, practical and convenient online Safe Design Course (a NOT boring one), aimed at helping you understand and meet your obligations under WHS legislation and apply best practice safe design.
It’s self-paced and gives you the latest information, advice and tools relating to safe design legislation and best practices in Australia, New Zealand and around the world.
This short course includes practical application of WHS legislation by designers, and you may be eligible for CPD points with your industry association.
The course is specifically focussed on Safety in Design (SiD) for design professionals. And, you can complete the program in one-sitting, or save your progress and return to continue at a later time.
Designed by international safe design expert and HSW professional, John Daly, the ‘Not Boring Safe Design Course‘ provides the latest information, advice and tools relating to safe design practices in Australia, New Zealand and around the world.
The SiD online course (that’s the not-boring-one), is suitable for all professionals involved in the design, development and construction of structures:
The online, self-paced short course covers all aspects of Safe Design including:
On completion you’ll receive a ‘Certificate of Completion’ – with the number of CPD hours of training and serves as documentary proof of completion. Please contact your respective Association to check their individual CPD requirements.
The ‘Not Boring Safe Design Course’ has been endorsed by the Safety Institute of Australia for Continuing Professional Development.
If you’re a building designer, architect, engineer, or other building design professional, we encourage you to enrol in our flexible and convenience ‘Not Boring Safe Design Course’, designed to assist you understand and practice safe design principles.
Need more info, contact us.
This article on ‘Safe Design – A Legal Overview’ is an excerpt of content from Safe Design Australia’s ebook “Safe Design in Practice, for designers of structures.’
It’s important to remember that the purpose of the Work Health and Safety Act (WHS) is about encouraging a collaborative approach to risk management and involvement of all stakeholders to promote a safer outcome for workers during the lifecycle of the structure as a workplace. More than one person or entity can have a duty in relation to the same matter. Prevention of incidents is the preferred outcome.
Under the WHS Act, the ‘health and safety duties’ (refer sections 19-29) that would most likely apply to designers are contained in:
A related duty to that imposed on designers is contained in Section 26 – duties of persons who commission structures (the client).
There are also further health and safety duties that may be relevant to designers and clients in relation to structures including duties of PCBUs who manufacture (s23), import (s24), or supply (s25) structures or those who install or commission structures (s26).
Additionally, there are health and safety duties on individuals connected with a designer, including officers (s27), workers (s28) and other persons at a workplace (s29).
There are various other provisions of the WHY Act, including duties that are relevant to PCBUs, including designers.
For example:
The WHS Regulation is made under the WHS Act. The Regulation relates to a range of matters and generally provides more specific guidance and/or obligations than contained in the WHS Act. However, it’s important to note that an obligation imposed by the WHS Regulation in relation to health and safety does not limit or affect any duty the person has under the WHS Act, or unless expressly stated, any other provision of the WHS Regulation (reg 11). In most instances, the failure to compliy with a WHS Regulation results in a significantly lesser penalty than a failure to comply with a provision under the WHS Act.
The potential legal consequences for a breach of the WHY legislation are varied, but the main options available consist of:
Other legal claims that could be made as a result of a health and safety incidence include:
These types of claims are more likely to be made by an employee or contractor against an employer or principal (including by an employee or contractor of a designer) rather than a third party against a designer.
It’s also possible that if an incident occurs, a designer may face more than one legal consequence. E.g. where both a criminal prosecution and civil law claim could be pursued.
Want to find out more about your Safe Design obligations under legislation? Download our FREE EBOOK.
Or if you’re a building designer, architect, engineer, or other building design professional, we encourage you to enrol in our flexible and convenience ‘Not Boring Safe Design Course’, designed to assist you understand and practice safe design principles and endorsed by the Safety Institute of Australia (SIA).
Need more info, contact us.
The following are definitions of key terms and aspects from Australia’s Safe Design Legislation, explaining the various parties and contributors as well as key elements in the WHS Act and legislation. Here we explain:
Under the WHS Act, ‘design’ in relation to plant, a substance or a structure includes:
The Code of Practice: Safe Design of Structures defines a designer as a person conducting a business or undertaking whose profession involves them in, “preparing sketches, plans or drawings for a structure, including variations to a structure and making decisions for incorporation into a design that may affect the health or safety of persons who construct use or carry out other activities in relation to that structure.” *
Designers can include:
Person conducting a business or undertaking (PCBU) is a term that is used throughout the WHS Act and Regulation in relation to the design of structures. A PCBU is a person who conducts a business or undertaking alone or with others that can operate for profit or not-for-profit.+ These include PCBUs:
The definition of a PCBU focuses on the work arrangements and the relationships to carry out the work. PCBU’s can be:
Employers or volunteer organisations which employ any person to carry out work is considered a PCBU. Householders where there is an employment relationship between the householder and the worker are also considered a PCBU.
PCBUs can also include:
The Code of Practice: Construction Work says that a “person commissioning the design is not a PCBU if they are a home buyer, owner or occupier commissioning work on their home; or an individual undertaking maintenance, refurbishment or renovations of their own home or helping a friend”.
Regardless of whether a client is considered a PCBU or otherwise, the designers’ duties in relation to safe design under section 22 of the WHS Act still apply. This includes designers providing information to their clients and anyone issued with the design on any conditions necessary to ensure that the structure is designed to be without risk to health and safety when it is used as a workplace.
Designers conducting design businesses are also considered PCBUs and as such have duties in relation to the safety of their own workers when they are working for them either in or out of the office or on site.
A principal contractor is required for a construction project where the value of the construction work is $250,000 or more. The principal contractor is a person conducting a business or undertaking that:
The designer must ensure, so far as is ‘reasonably practicable’, that the structure is designed to be without risk to the health and safety of persons who manufacture or construct any component of the structure, who use the structure for the purpose for which it is designed or are involved in the maintenance or disposal of that structure.
The term ‘reasonably practicable’ is also used in relation to consultation with other duty holders and between designers and clients on how risks to health and safety during construction can be eliminated or minimised.
‘Reasonably practicable’ means that which is, or was at a particular time, reasonably able to be done to ensure health and safety, taking into account and weighing up all relevant matters including:
‘Recognised standards’ include legislation, WHS codes of practice, Australian standards, building laws, the National Construction Code of Australia (NCCA) and industry guidance materials.
It is important to be aware of the currency and applicability of any standards and to assess the efficacy of the standard and research current injury data to determine whether a recognised standard is adequate to address the identified hazard. In some cases, designers may need to go beyond the requirements of a standard. E.g. injury data shows that standard balustrade heights on highrise buildings are often inadequate to address the risk of falls.
The WHS Act defines structure to mean “anything that is constructed, whether fixed or moveable, temporary or permanent, and includes:
a. buildings, masts, towers, framework, pipelines, transport infrastructure and underground works (shafts or tunnels);
b. any component of a structure; and
c. part of a structure”.^^
Examples also include all types of buildings, pipe work, tunnels, landscape elements, swimming pools, paths and roadways.
Want to find out more about your Safe Design obligations under legislation? Download our FREE EBOOK.
Or if you’re a building designer, architect, engineer, or other building design professional, we encourage you to enrol in our flexible and convenient ‘Safe Design Online Short Course’, designed to assist you understand and practice safe design principles and endorsed by the Safety Institute of Australia (SIA).
Need more info, contact us.
The biggest mistake many building design and architectural practices make is assuming they do not need to do anything in relation to their duties under work health and safety (WHS) legislation.
The reality is that designers in most states and territories throughout Australia have a legal duty to design structures, so far as is ‘reasonably practicable’, that are without risk to health and safety when they are used as, or at, a workplace.
Designers need to make sure that they are protecting themselves and their practices and the people who are going to use the buildings or structures they design. Designers need to understand their duties under legislation and what they need to do to comply with these duties.
The good news is that it is easy to comply with legislation once you have processes in place.
Designers can meet their legislative requirements for work health and safety by:
We know safe design ‘sounds’ boring. But it doesn’t have to be. We’ve developed a flexible and convenient online training course specifically focussed on Safety in Design (SiD) for design professionals – architects, building designers, engineers and other building professionals.
The online course has been designed by international safe design expert and WHS professional, John Daly, and is endorsed by the Safety Institute of Australia (SIA). It provides the latest information, advice and tools relating to safe design practices in Australia, New Zealand and around the world.
To find out more about the duties of designers under safe design legislation, or how we may assist you with a Safe Design Workshop for your next design project, contact us.
