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Health and Safety - Who is a Designer under CDM???

Under the Construction Design management Regs (CDM), there are many disciplines that can be classed as a Designer.

A Designer is anybody who influences the design or requests that a certain type of material or product is used, it's hard for some industry people to understand but

Quantity Surveyors, CDM Coordinators and more importantly Clients can all be classsed as a Designer. heritage organisations can also fall into this category. The only organisation or individual immune from Designer duties are Local Authorties, this is because their recommendations may be as a result of legislation or planning issues.

With the world we live in today Europen practices often undertake commissions within Britain as either sub-contract designers or architects, most recently I was invlolved with a project for a Museum where we ha d adutch Architect.

However any practice residing outside the UK has no Designer Duties under the CDM Regs, those duties lie with those who commissioned the designer in the first instance. it's important that CDM Coordinators recognise this, and to some extent Clients. this ultimately means both the CDMC and the Client will have to keep a closer eye on the Designer more so than you would normally expect.

it's important to know that design liability can take many forms, but remember next time you specify a certain material or product you will be taking on a certain amount of design liability. Responsibility for the overall design does NOT just sit with the Architect or lead Designer.

So read the ACOP Guidance on Designer Duties to ensure you're fully aware of your existing design liabilities.

Craig Baldwin

Craig Baldwin CDM Coordinator and lecturer on the CDM regs. Currently working as a Health and Safety Consultant within the construction industry.

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