Scholarly Papers
Nov 15, 2018

Prevention through Design: Promising or Perilous?

Publication: Journal of Legal Affairs and Dispute Resolution in Engineering and Construction
Volume 11, Issue 1

Abstract

Design and construction is evolving, with new types of contracts requiring new types of entities following new processes. Such changes may be motivated by reasonable project goals but bring unanticipated risks. The increased focus on construction site safety and the increased recognition of integrated design and construction has led to an innovative safety management technique called Prevention through Design (also known as Design for Construction Safety and Safety by Design). Prevention through Design (PtD) calls for design professionals to explicitly consider the safety of construction and maintenance workers during the design process. This process has been required in Europe for two decades, is promoted by the US National Institute for Safety and Health, and is now being adopted within the United States by large, safety-conscious owners and firms that provide both design and construction services. But with the promise of PtD comes some perils, especially for “pure design” firms in the US who contract only to design projects, not to construct them or hold the contracts for those who will do so. This paper examines both the promise and the perils of PtD, striving to provide a balanced set of perspectives on this emerging safety management technique. Recommendations for design firms for managing the risks of PtD are provided.

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References

List of Cases

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List of Statutes

Wash. Rev. Code Ann. § 51.24.015(1).

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Information & Authors

Information

Published In

Go to Journal of Legal Affairs and Dispute Resolution in Engineering and Construction
Journal of Legal Affairs and Dispute Resolution in Engineering and Construction
Volume 11Issue 1February 2019

History

Received: Mar 24, 2018
Accepted: Aug 21, 2018
Published online: Nov 15, 2018
Published in print: Feb 1, 2019
Discussion open until: Apr 15, 2019

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T. Michael Toole, F.ASCE [email protected]
P.E.
Dean, College of Engineering, Univ. of Toledo, Toledo, OH 43606 (corresponding author). Email: [email protected]; [email protected]
Karen Erger [email protected]
Vice President and Director of Practice Risk Management, Lockton Companies, 444 W. 47th St., Suite 900, Kansas City, MO 64112-1906. Email: [email protected]

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