Document ID: chunk:federal_register_of_legislation:F2016L00416:reg:3:p2
Version: federal_register_of_legislation:F2016L00416
Segment Type: reg
Provision Reference: reg 3 (pt 2/5)
Character Range: 23572–26386

to calculate the cost of construction work and on principal contractor duties refer to the Code of Practice: Construction work.

3.2              Designers

Section 22 Designers must ensure, so far as is reasonably practicable, that the structure is designed to be without risks to the health and safety of persons who construct the structure
at a workplace.
Regulation 295 The designer of a structure or any part of a structure that is to be constructed must give the person conducting a business or undertaking who commissioned the design a written report that specifies the hazards associated with the design of the structure that, so far
as the designer is reasonably aware:
    * create a risk to the health or safety of persons who are to carry out construction work on the structure or part, and
    * are associated only with the particular design and not with other designs of the same type
      of structure.
Designers of structures should consider possible excavation work methods and health and safety control measures when producing any final design documents and the safety report for the structure.
A person commissioning the construction work must consult, so far as is reasonably practicable, with the designer of the whole or any part of the structure about eliminating and controlling risks. If the person commissioning the construction work did not commission the design of the construction project, they must take all reasonable steps to obtain the designer's safety report.

Where there is a principal contractor, the person commissioning the construction work must give the principal contractor any information they have about the hazards and risks associated with the work.

For further guidance on the duties of designers refer to the Code of Practice: Safe design
of structures.

3.3              Safe Work Method Statements
If the excavation work is or involves high risk construction work, a person conducting a business or undertaking must prepare a SWMS before the high risk construction work starts. The SWMS must:
    * identify the type of high risk construction work being done
    * specify the health and safety hazards and risks arising from that work
    * describe how the risks will be controlled
    * describe how the control measures will be implemented, monitored and reviewed, and
    * be developed in consultation with workers and their representatives who are carrying out the high risk construction work.
In some circumstances one SWMS can be prepared to cover more than one high risk construction work activity being carried out at the workplace by contractors and/or subcontractors. For example, where there is:
    * a risk of a person falling more than 2 metres, and
    * a trench with an excavated depth greater than 1.5 metres.
In this case, the contractors