The recent document places a requirement on the designer to identify the risks that may arise to persons from fire and explosion during the construction phase. This suggests to me that the designer should conduct, or have carried out, the first fire risk assessment. Further, the fire risk assessment should be included in the construction phase plan prior to the works commencing. Has anyone experienced this in action recently?

I think you missed the point I was making - the Designer is responsible to identify ...............etc. as I say in the initial question. I know the PC is responsible once on site but I'm talking about pre start. If you look at the new document fire safety in construction there is specifically a requirement placed on the Designer.

I do think we need to discriminate between the (excellent) guidance status of HSG168 and the more absolute requirements of the CDM Regs and L144 ACoP. HSG168 says that Designers "should" do many things, however there are no explicit equivalent "shall" references within L144; which is effectively silent on the issue. Fire Safety in Construction is an aspect often missed or ill-considered and I would rather the HSE find a way to promote the status of HSG 168 beyond mere guidance. We have many Clients and Designers out there still coming to terms with CDM impacts after 15+ years and I can't help but wonder how many of them (and indeed CDM-Cs) are unaware of HSG168. The recent tragedy in the Far East may perhaps serve as a useful focus for the HSE to highlight this issue, and consider revising the "guidance" status of HSG168.