publications monitor Winter 2007 Designers' WH&S obligations | Designers' WH&S obligations |
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From July 2007, safety obligations have changed for designers under amendments to the Workers Compensation & Rehabilitation and Other Acts Amendment Act 2005. Three new sections (30A, 30B and 30C) simplify the process for designers to comply with the act so that their designs and structures for workplaces ensure people “will not be exposed to risks to their heath or safety arising out of the design”. This includes ventilation, lighting and access of maintenance. Clause 30B discharges the designers’ obligation if people using the structure are not exposed to risks to their health or safety, and no longer requires designers to provide a written report of the health and safety aspects of the design before construction commences. Designers do have an implied obligation to keep their knowledge current on safety issues relating to products and providing ongoing maintenance. For example, when designing an atrium with lighting, the designer would also need to incorporate a mechanism for changing light bulbs safely. The amendments specify that this obligation arises at the time of the design. This means the designer would not be liable if a process was considered reasonable at the time of the design, but was subsequently found to be inappropriate. For example, a designer who had specified asbestos sheeting in the 50s would not be liable now when we have an understanding of the dangers of that product.
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