Safety in design guide

Since publication of this note, WA passed a version of the model Work Health and Safety (WHS) laws, which became operational on 31 March 2022. See Safe Work Australia for further information.

Read time: 9 minutes

Safety in design provides a system to formally document a process demonstrating systematic risk management. This process involves a range of participants and stakeholders in consideration of a range of issues such as aesthetics, function, safety and environment.

In the early stages of a project, the designer should consider the design and its intended purpose, materials to be used, possible methods of construction, maintenance, operation and demolition and identify hazards and control them through elimination, substitution, isolation, engineering, administration or personal protective equipment (PPE).

This guidance note includes a downloadable Safety in design risk register template.

Page contents:

What is safe design?

‘Safe design means the integration of control measures early in the design process to eliminate or, if this is not reasonably practicable, minimise risks to health and safety throughout the life of the structure being designed’ (Safe Work Australia, 2018).

Safe design begins at the concept development phase of a structure when making decisions about:

  • the design and its intended purpose
  • materials to be used
  • possible methods of construction, maintenance, operation, demolition or dismantling and disposal and
  • what legislation, codes of practice and standards need to be considered and complied with.

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Who are the designers?

Under the WHS Act, design in relation to plant, a substance or a structure includes:

a. Design of part of the plant, substance or structure; and

b. Redesign or modification of a design.

The Code of Practice: Safe Design of Structures (2018) defines a designer as:

‘a person conducting a business or undertaking whose profession involves: ’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: architects, building designers, landscape designers, interior designers, builders, town planners, engineers that design part of the structure or services (eg mechanical, structural, civil, electric, hydraulic), and plant designers and persons specifying how alteration or demolition work is carried out. If a principal contractor or other person changes a design, they then take on the role of designer.

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Legal requirements for designers

WHS legislation has been enacted in seven jurisdictions including the Commonwealth, New South Wales, Queensland, Northern Territory, Australian Capital Territory, South Australia and Tasmania.

Note: At the time of writing, Victoria and Western Australia have yet to enact the legislation. Designers operating in these states are encouraged to identify risks throughout the structure’s life cycle and follow industry good practice (See Victoria and Western Australia entries below). Refer to the WHS law in your relevant state or territory.

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WHS Law harmonisation (ACT, NSW, NT, Qld, SA and Tas)

  • The model Work Health and Safety (WHS) Act requires designers to provide information to anyone who is issued with a copy of the design indicating: purpose, testing and analysis, any conditions necessary for safety during construction, maintenance, use and demolition and provide information on request.
  • Under the model WHS Regulations (reg.295); a designer must provide a safety report to the person who commissions the design. A safety report outlines potential hazards unique to that design, so far as they are reasonably aware, that may pose a hazard to persons carrying out construction work.
  • There is also a duty to consult with other duty holders. If more than one person has a duty in relation to the same matter under this Act, each person with the duty must, so far as is reasonably practicable, consult, cooperate and coordinate activities with all other persons who have a duty in relation to the same matter.

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Reasonably practicable

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:

  1. The likelihood of the hazard or the risk concerned occurring;
  2. The degree of harm that might result from the hazard or the risk;
  3. What the person concerned knows, or ought reasonably to know, about the hazard or risk and ways of eliminating or minimising the risk (as a professional in the design field);
  4. The availability and suitability of ways to eliminate or minimise the risk; and
  5. After assessing the extent of the risk and the availability of ways of eliminating or minimising the risk, the cost associated, including whether the cost is grossly disproportionate to the risk.

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Victoria

Under the Victorian legislation, section 28 of the OHS Act 2004, the designer must consider the safe use and maintenance of the structure. Designers’ duties do not extend to the construction and demolition phases of the lifecycle of the structure. Duties exclude residential dwellings unless they are also designed to be a workplace (e.g. aged care). Also refer Acumen note: OHS Safe Design Requirements (Victoria).

Western Australia

The legislation in Western Australia places a statutory obligation on designers under the Occupational Safety and Health (OHS) Act 1984, section 23(3a) and the OHS Regulation 1996 (2008), Reg 3.140 in relation to safety of construction and maintenance workers and the end users of the structure. There is also a requirement to provide a written report to the client identifying design related hazards that affect the safety of persons on the construction site and provide a risk assessment detailing what the designer has or has not done to reduce those risks. The WA legislation excludes information having to be provided relating to the demolition of the structure.

Note: Notwithstanding the difference in Victoria and Western Australia, it is considered good practice to address design risks for the whole of the structure's life cycle.

Safe design principles

The following are key elements of safe design from the model Code of Practice: Safe design of structures (2018). The table outlines actions that will assist designers to practice safe design.

Consultation, cooperation and coordination Designer action

This is an important process in which people with knowledge and expertise work together to share information, identify hazards and assess risks and make decisions about ways to eliminate or minimise risks. It is a legal requirement for people with duties under the WHS Act to consult with each other.

The intent of the WHS legislation drives the decision-making process up the chain ensuring safe design rests with all parties influencing the design of a building or structure. Making decisions at the design and planning stage helps promote safety by preventing possible future injuries or death. Designers need to consult with other duty holders when designing a structure.

• Discuss the safe design strategy with your client and confirm the intended use of the structure obtaining information to fully understand the systems of work and any hazards that may be involved that can be eliminated or minimised by design.
• Brainstorm with other team members and stakeholders to identify potential hazards.
• Consult with other duty holders as required – workers, builder, others that design part of the structure e.g. engineers.
• Consultation can involve meetings, discussions, workshops, and sharing of knowledge or information.
• Keep records of types of meetings, dates, times, duration and attendees.
• Gather information on injury/ illness statistics and research on current workplace and type of structure, site conditions that may affect safety, relevant legislation and standards that need to be considered.

Information transfer Designer action

This involves the process of effective documentation and communication between everyone involved in the life cycle of a building or structure.

Effective communication involves documenting and communicating hazards, control measures and any residual risks from the design stage to those further down the life cycle of the structure.

Safe design information can be:
• A Safety Report.
Documents that may be required in the Safe Design Report include:
– plans, drawings and sketches
– technical consultant reports
– any document that demonstrates where a design related decision has been made.

• WHS safety file – eg safety report, risk register, data sheets, injury statistics, safety meetings held, manuals and procedures for maintenance etc.

When should I issue safe design information for my design and who receives it?
Safe Design information to be issued to anybody who is issued with a copy of the design. Current relevant information must also be provided, on request, to people who use, construct, maintain or demolish the structure. 

The designer must also provide the Person Conducting a Business or Undertaking' (PCBU) client with a safety report outlining potential hazards unique to that design that may pose a hazard to persons carrying out construction work.

Will the structure need to be constructed?
Yes - Safe Design Report must be provided by:
– the designer to the client (person who commissions the work)
– the client to the principal contractor
No - Design Risk Register is sufficient safe design information.

Will the project cost more than $250,000?
Yes - Principal contractor must be appointed. Where a principal contractor is engaged in relation to the construction work, the health and safety information relevant to the design must be passed on to them.
No - No requirement to appoint principal contractor.
Note: where the principal contractor is also a designer or a client, the duties outlined above apply.

How long do designers need to keep information?
It is advisable for designers to keep the safe design information for the life of a structure.

The life cycle Designer action

Designers need to assess the safety of the structure during every phase of its life cycle, from conception through to redevelopment and demolition.

The legislation requires designers to consider the safety of people for when it will be used as a workplace. As upstream duty holders, designers can greatly affect the health and safety of people who use their designs downstream in the life cycle of a structure.

• Designers should evaluate their design and detail any control measures covering:
– Demolition (only if applicable)
– Construction
– Use for the purpose for which it was designed *(not applicable to most residential developments unless they are also designed to be a workplace e.g. aged care or apartments with commercial stores)
– Maintenance
– Demolition at end of life

• Document the control measures in a risk register (refer template under Resources) or Safe Design Report.

Risk management Designer action

Safe design implements risk management – through systematically identifying, assessing and controlling hazards.

The designer only has to apply a risk management process to the hazards that are within control of the designer, are not adequately controlled by a recognised standard or where safety could be improved though design.

A systematic approach identifies hazards and risks for workers and persons throughout the structure’s life cycle.

When assessing hazards, it is helpful to consider the systems of work or likely workflows for workers during each stage of the life cycle.

Identify the hazards – is there a situation that is going to be harmful to people? Examples of hazard categories that designers can use to evaluate their design:
– Access and egress
– Climatic conditions
– Confined spaces
– Earthworks
– Fire and emergency
– Hazardous substances
– Manual tasks
– Mobile plant and equipment
– Specialised plant and equipment
– Structural stability
– Work at height

Risk assessment – determine the risk levels of identified hazards. Using a risk matrix may be a helpful tool.

Design control – Implement the most effective design controls that are reasonably practicable to eliminate or minimise identified risks to health and safety. The hierarchy of risk control will assist the designer in identifying the most effective way to control the hazard.

Review – review the design controls which could be from feedback and meetings. How effective are these controls? Shared learning creates improvements and opportunities for innovation.

• Document the control measures in a risk register (refer template under Resources) or Safe Design Report.

Knowledge and capability Designer action

Safe design requires knowledge and capability – which should be either demonstrated or accessed by any person influencing design.

• Engage people outside the design team with specialist knowledge such as engineers, fire safety experts and ergonomists to fill any knowledge gaps.
• Attach any specialist reports to your WHS file and/or reference them in the Safety Report.

Resources

Safety in design risk register template (excel)

References

Safe Work Australia, 2018, Safe design of structures: Code of Practice, October 2018, Canberra

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Disclaimer

This content is provided by the Australian Institute of Architects for reference purposes and as general guidance. It does not take into account specific circumstances and should not be relied on in that way. It is not legal, financial, insurance, or other advice and you should seek independent verification or advice before relying on this content in circumstances where loss or damage may result. The Institute endeavours to publish content that is accurate at the time it is published, but does not accept responsibility for content that may or has become inaccurate over time. Using this website and content is subject to the Acumen User Licence.

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