Duties of the designer under the WHS legislation
Under section 22 WHS Act
The designer must ensure structures are designed to be safe when it is used as a workplace during its lifecycle. This includes during the construction of the structure, the use for purpose for which the structure is designed, the maintenance, cleaning or repair of the structure and the eventual demolition at end of life. Designers must also consider the safety of people in the vicinity of the workplace.
There are two specific requirements for designers to provide information, one under the WHS Act and the other under the WHS Regulation.
Under section 22(4) and 22(5) WHS Act, the designer must provide information to anyone who is issued with the design, indicating the purpose for which the structure is designed, the results of any testing and analysis undertaken and any conditions necessary to ensure that the designer has designed the structure to be without risk to health and safety when it is used as a workplace during its lifecycle. Current relevant information must also be provided to people who use, construct, maintain or demolish the structure on request.
WHS Regulation 295 requires the designer to provide the PCBU client with a safety report outlining potential hazards unique to that design that may pose a hazard to people carrying out construction work.