Design Engineers Liabilities
As pointed out by the Machinery Directive 2006/42/EC Annex I, is is the responsibility of the design engineer to conduct and to document the machine risk assessment foremost and to design & construct the machine accordingly afterwards. This is an iterative process.
Most decisive from a health and safety perspective, and as explained in bullet point 4 of Annex I, is the evaluation of the risks and determining whether risk reduction is required, ... or not!
This should clarify liability under the scope of the machinery directive quite easily.