Duties of Designer

In construction work, designers are generally considered to be the individual or organisation that carries out the original design, such as architects and engineers. The definition of designer in the regulations must be considered in its widest possible context and extends to anyone who has an influence or makes changes to a design, including clients, quantity surveyors and contractors, and extends to the specification of working methods and materials.

All Construction Projects

In the case of all construction projects a designer must:-

1. Ensure that the client has been made aware of the client’s duties under Regulation 7
2. Before the start of the construction work:-
   • identify, so far as is reasonably practicable, the hazards and risks that may arise from the design and the work to be done to give effect to it
   • take all reasonable steps to eliminate the hazards and control the risks
3. Provide information to the contractors about the remaining risks

Taking on a project without ensuring the following:-

Minor Construction Projects

In the case of a minor construction project a designer must in addition to the duties set out above, ensure that a principal contractor has been appointed.

Major Construction Projects

In the case of a major construction project a designer must in addition to the duties set out above:-

• ensure that the client has appointed a principal contractor (unless the client is the principal contractor)
• take all reasonable steps to ensure that any information in the designer’s possession that is needed for the health and safety file is included on that file

Designs prepared or modified outside Jersey

Where a design is prepared or modified outside Jersey for use in construction work to which these Regulations apply:-

• The person who commissions it, if established within Jersey
• If that person is not so established, the client for the project, must ensure that regulation 10 is complied with

Clients are at liberty to employ whomever they wish. However, if the organisation is external to Jersey, they client must ensure that they carry out their designer duties as 0per the regulations. You should have management provisions for this, regular liaison (meetings, conference calls, emails etc) is important. You should also ensure that you keep records of communications just in case you need to refer to them during the construction etc.