Your browser is no longer supported

For the best possible experience using our website we recommend you upgrade to the newest version of your browser.

Your browser appears to have cookies disabled. For the best experience of Construction News, please enable cookies in your browser.

Welcome to the Construction News site. As we have relaunched, you will have to sign in once now and agree for us to use cookies, so you won't need to log in each time you visit our site.
Learn more

Key points

The CDM regulations require that designers ensure their designs include 'adequate regard to the need... to avoid foreseeable risks to the health and safety' of any person at the site.

Under the regulations a 'designer' includes any person who 'prepares a design' or 'arranges for any person under his control... to prepare a design'.

The case of Paul Wurth has established that, under the existing CDM regulations, a designer cannot be held responsible for a design which it has arranged for a third party to prepare, even if it has approved and adopted the design.

The Health and Safety Commission is proposing amendments to close this loophole.