Document ID: chunk:federal_register_of_legislation:F2016L00394:body:0:p13
Version: federal_register_of_legislation:F2016L00394
Segment Type: other
Provision Reference: 
Character Range: 31362–34170

in altering the design for a building, even after construction work has commenced.

In relation to construction work, a designer of a structure or any part of a structure that is to be constructed must give a written report to the PCBU who commissioned the design. The report must specify, so far as the designer is reasonably aware, the hazards relating to the design that create a risks to the health and safety of persons who will carry out construction work on the structure and that are specific to the particular design.

In addition the designer can provide information to anyone who is issued with the design on how they have designed the structure to be without risk to health and safety throughout its lifecycle when it is used as a workplace if they request it. This includes during construction, maintenance, use and demolition.  This information may also be included in the designers' safety report.
Further information is provided in Appendix C. For detailed guidance on designers' duties refer to the Code of Practice: Safe Design of Structures.

Person that commissions construction work
The WHS Regulations require a person conducting a business or undertaking that commissions construction work to:
    * consult, so far as is reasonably practicable, with the designer of the whole or any part of the structure about how to ensure that risks to health and safety arising from the design during the construction work are eliminated, so far as is reasonably practicable, or if it is not reasonably practicable to eliminate the risks, minimised so far as is reasonably practicable. Such consultation must include giving the designer any information that the person has in relation to the hazards and risks at the workplace where the construction work is to be carried out
    * take all reasonable steps to obtain a copy of the designer's safety report if they did not themselves commission the design of the construction project, and
    * give the principal contractor any information they have in relation to hazards and risks at or in the vicinity of the workplace where the construction project is to be carried out.
While there may be persons who represent the person that commissions the construction work
or a construction project and coordinate the commissioning (e.g. project managers, construction managers, architects or engineers), the person that actually commissions the work will remain the duty holder.
Examples of persons that commission construction work include:
    * a builder engaging a designer to design a large spanning roof truss system for a home
    * property developers, clients, owner-builders
    * a subcontractor engaging an engineer to design precast and tilt-up panels for a home.

Principal contractor[3]
Under the WHS Regulations a principal contractor