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.
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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.
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.
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.
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.
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:
- The likelihood of the hazard or the risk concerned occurring;
- The degree of harm that might result from the hazard or the risk;
- 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);
- The availability and suitability of ways to eliminate or minimise the risk; and
- 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.
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. |
• 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. |
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. |
When should I issue safe design information for my design and who receives it? |
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: |
Risk management | Designer action |
Safe design implements risk management – through systematically identifying, assessing and controlling hazards. |
• 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: |
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. |
Resources
Safety in design risk register template (excel)
References
Safe Work Australia, 2018, Safe design of structures: Code of Practice, October 2018, Canberra
Disclaimer
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