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The Overseeing Organisation has legal duties with respect to the safety of road workers, road users and other parties.
These legal duties are derived from the following enabling legislation:
1) The Health and Safety at Work etc Act 1974 HASAWA 1974 c.37 – applicable in England, Wales and Scotland. The Health and Safety at Work (NI) Order 1978 SI 1978/1039 (NI 9) – applicable in Northern Ireland.
2) The Highways Act 1980 Highways Act 1980 – applicable in England and Wales. The Roads (Scotland) Act 1984 Roads(S) 1984 [Ref 6.N] and The Roads Order (NI) 1993 R(NI)O 1993 .
The detailed requirements for the discharge of duties under the enabling legislation are set out in topic specific Regulations. Of particular relevance are the Construction (Design and Management) Regulations SI 2015/51 and the Management of Health and Safety at Work Regulations SI 1999/3242.
Designers have an important role to play in supporting the discharge of these duties. Health and safety risk for all highway works should be managed throughout the whole life of the activity. The structured assessment of risk in the design process, including the suitable and sufficient consideration of maintenance can achieve safety improvements and whole life cost savings.