2. Review of the literature2.1 Legi

2. Review of the literature
2.1 Legislation and recommendations pertaining to designers
The South African OH&S Act [6] schedules comprehensive requirements. Prior to the promulgation of the
Construction Regulations all designers were required to address H&S, as in terms of Section 10 of the OH&S Act
designers are allocated the responsibility to ensure that any ‘article’ is safe and without risks when properly used.
The Construction Regulations [1] lay down important requirements with respect to clients and designers. Clients
are required to, inter alia: prepare a baseline risk assessment (BRA); prepare an H&S specification based on the
BRA; provide the designer with the H&S specification; ensure that the designer takes the H&S specification into
account during design; ensure that the designer carries out the duties in Regulation 6 ‘Duties of designers’; include
the H&S specification in the tender documents; ensure that potential PCs have made provision for the cost of H&S
in their tenders, and ensure that the PC to be appointed has the necessary competencies and resources.
Designers are required to, inter alia: ensure that the H&S standards incorporated into the regulations are complied
with in the design; take the H&S specification into consideration; include in a report to the client before tender
stage all relevant H&S information about the design that may affect the pricing of the work, the geotechnicalscience
aspects, and the loading that the structure is designed to withstand; inform the client of any known or
anticipated dangers or hazards relating to the construction work, and make available all relevant information
required for the safe execution of the work upon being designed or when the design is changed; modify the design or