In the context of health and safety, a “Competent Person” is someone with correct level of skills, knowledge, experience, and training.
The Competent Person is your “go-to” for all health and safety guidance and advice. They can clearly define your organisation’s legal obligations, helping to ensure compliance with regulations and, in turn, keeping your staff safer.
A Competent Person must be able to identify hazards in your business and help advise on sensible controls to protect workers and others from harm. They must be familiar with industry specific regulatory requirements.
Legal Requirements and Employer Duties
Regulation 7 of the Management of Health and Safety at Work Regulations 1999 states:
“Every employer shall, appoint one or more competent persons to assist him in undertaking the measures he needs to take to comply with the requirements and prohibitions imposed upon him by or under the relevant statutory provisions”
Failure to appoint a competent person is a direct breach of this regulation; opening businesses up to potential enforcement action, fines, and a workplace accident / incident.
Responsibilities of A Competent Person
The Competent Person plays a key role in helping a business meet its legal obligations under health and safety law. These responsibilities can vary depending on the nature of the business and its industry, as applicable regulations differ. The Competent Person must have a thorough understanding of the industry relevant regulations and help ensure they are effectively implemented.
Typical duties of a Competent Person may include:
Staying informed about changes in industry specific health and safety regulations to help ensure ongoing compliance.
Providing competent health and safety advice, coaching and guiding others to ensure the business remains compliant with legal requirements.
Identifying workplace hazards and implementing appropriate control measures to reduce the risk of injury.
Maintaining and updating company health and safety policies and procedures in line with current legislation.
Carrying out risk assessments to identify and manage potential hazards.
Supporting the development of Safe Systems of Work. Clear, step-by-step frameworks for carrying out high-risk tasks safely.
Competent Person – Management of Health and Safety at Work Regulations 1999
What Qualifications and Experience to Look for When Appointing A Competent Person
Health and safety is a broad and varied field. Many regulations are tailored to specific industries. There is rarely a one-size-fits-all approach to achieving compliance. As such, someone who is competent in one sector may not necessarily be suitable in another.
When appointing a Competent Person, it’s important to consider both their qualifications and their relevant industry experience. They must also have a solid understanding of current UK health and safety legislation and how it applies to your specific work environment.
Typical qualifications to look for include:
NEBOSH National General Certificate in Occupational Health and Safety
NEBOSH Diploma
Degree in Occupational Health and Safety
NVQ in Occupational Health and Safety
In addition to formal qualifications, professional membership is a good indicator of ongoing development and competence.
Chartered Membership of IOSH (CMIOSH) demonstrates a high level of expertise, experience, and commitment to the profession. Chartered Members must meet strict standards and are required to maintain their knowledge through continuing professional development (CPD).
Questions to Ask When Appointing a Competent Person
Proven industry experience is essential when appointing a Competent Person. Health and safety regulations are often lengthy, technical, and difficult to interpret. The individual must be able to understand what the law requires and translate that into practical, workable measures.
As regulations are regularly updated, it’s equally important that they demonstrate a clear commitment to staying informed and applying those changes in the workplace. When considering someone for the role discuss how they maintain their knowledge.
Keeping Competency Up-to-Date
Regulations, best practice, and official guidance are regularly updated. What was once considered an acceptable way to meet legal duties may no longer be sufficient.
To remain effective in their role, a Competent Person must commit to ongoing Continuing Professional Development (CPD). This includes attending refresher training, staying informed of updates from the Health and Safety Executive (HSE), and regularly reviewing their own knowledge and skills to ensure they remain current and compliant.
When To Consider External Support
Hiring a full-time or even part-time employee to act as your Competent Person can be costly and, for many businesses, not always practical. As a result, outsourcing the role is a popular and fully compliant with regulation.
By outsourcing, your business gains access to expert health and safety support and achieves legal compliance, without the overheads or complexities of employment contracts.
A bonus is that we at Riskhop bring extensive experience in both health and safety regulation and fire safety compliance. By choosing Riskhop, you benefit from tailored, professional support that helps you meet your health, safety and fire legal duties.
If you need support in fulfilling any aspect of your health, safety or fire duties, we’re here to help. Visit our competent person services page for more information.
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