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Ensuring workplace health and safety is the responsibility for every business. The UK has well-established legislation requiring employers to manage and control health and safety risks. Central to this framework is the role of a “competent person”, an individual appointed to support the business in meeting its health and safety duties.
This blog delves into:
Who a competent person is
The legal basis for appointing a competent person
The core responsibilities they are expected to carry out
How organisations can identify, appoint and develop individuals for this vital role
When and why to appoint an external competent person
What is a Competent Health and Safety Person?
The Health and Safety Executive (HSE) defines a competent person as someone who has
“sufficient training, experience and knowledge to be able to recognise hazards in your business and help you put sensible controls in place to protect workers and others from harm.”
It’s essential to understand that appointing a competent person does not transfer legal responsibility away from the employer. Rather, it ensures that there is qualified support to help discharge those duties effectively.
A competent person can be:
The employer themselves
One or more employees
An external consultant or adviser
The choice depends on the complexity and risk profile of the business. A small low-risk business might appoint the owner, while a larger or high-risk operation might require an experienced internal manager or external consultant.
Legal Duties and Employer Responsibilities
The legal obligation to appoint a competent person is outlined in the Management of Health and Safety at Work Regulations 1999 (Regulation 7). These regulations are part of a broader legislative framework, including the Health and Safety at Work etc. Act 1974, which places a duty on employers to ensure, so far as is reasonably practicable, the health, safety and welfare of their employees and others affected by their operations.
Under Regulation 7:
Employers must appoint one or more competent persons to assist them in complying with legal duties.
The level of competence required depends on the complexity of the risks present in the workplace.
Even if external advisors are used, ultimate responsibility remains with the employer.
Failure to meet these obligations can lead to legal consequences. For instance, if an incident occurs and the business cannot demonstrate that a (suitably) competent person was in place, this may result in HSE enforcement, prosecution or substantial fines. Appointing a competent person at an early stage should be part of a broader, proactive approach to health and safety management.
Competence Criteria of a Competent Safety Person: Skills, Knowledge and Experience
Competence in the context of health and safety is about having the right combination of practical experience, technical knowledge and personal qualities to assess risk and advise on protective measures. According to HSE guidance, there is no legal requirement for formal qualifications, but having certain credentials can significantly strengthen a person’s suitability for the role.
Key Attributes of a Competent Person:
Skills: They must understand how to apply health and safety regulations practically. This can include the ability to carry out risk assessments, communicate effectively with stakeholders at all levels and produce clear reports and guidance.
Knowledge: A sufficient understanding of the relevant legislation, including the Health and Safety at Work Act 1974, COSHH, RIDDOR and industry-specific regulations is important. This helps ensure the competent person can interpret and apply legal standards correctly.
Experience: Practical experience is helpful. Someone who has worked in or around hazardous environments will better understand the different risks, from machinery to manual handling or chemical exposure.
Qualifications: While not mandatory, qualifications like the NEBOSH General Certificate in Occupational Health and Safety or membership with IOSH (Institution of Occupational Safety and Health) are widely recognised benchmarks of competence. These credentials can be especially useful when appointing someone externally or for more complex business environments.
Personal Traits: Analytical thinking, attention to detail and assertiveness are all key qualities. A competent person must be able to challenge unsafe practices and push for improvements, even in the face of resistance.
The level of competence varies depending on the organisation’s size and sector. For example, someone managing health and safety in a low-risk office environment may not need the same level of technical depth as someone overseeing safety in a construction or chemical processing facility.
Typical Duties of a Competent Person
The role of a competent person is dynamic. While they don’t carry the legal responsibility for workplace safety, that remains with the employer, they are expected to support the business in identifying risks, offering solutions and ensuring ongoing compliance with safety legislation. Their involvement should be both, advisory and practical.
Here are some common examples:
Hazard Identification: Carrying out inspections and site visits to spot potential hazards such as unsafe machinery, poor lighting, trip hazards or exposure to dangerous substances.
Risk Assessments: Developing, reviewing and maintaining risk assessments that identify significant risks and describe suitable control measures. This also includes evaluating existing measures to ensure they are adequate.
Advising Management: Offering guidance to business leaders on what needs to be done to comply with the law. This might involve changes to processes, introducing new safety policies or recommending further training.
Compliance Monitoring: Ensuring that all safety procedures, control measures and workplace practices remain in line with the law. This includes keeping up to date with changes in legislation and HSE advice.
Incident Investigation: Supporting or leading investigations when accidents, near-misses or unsafe conditions are reported. The competent person helps identify root causes and recommends corrective actions.
Training and Communication: Supporting the delivery of safety training and making sure information about risks and procedures is communicated clearly across the organisation.
Internal vs. External Competent Safety Person
When deciding whether to appoint an internal or external competent person, businesses should consider multiple factors: size, complexity, nature of activities and existing in-house expertise. Each option has its own set of advantages and limitations.
Internal Competent Person: Choosing someone from within the business offers several strategic benefits:
Familiarity: Internal staff understand the culture, processes and day-to-day operations intimately, which gives them an advantage in identifying and assessing realistic risks.
On-Site Presence: They are readily available to monitor compliance, address issues in real time and respond quickly to incidents or near misses.
Continuity: Their continued presence fosters strong safety habits and regular engagement across teams.
However, internal appointments also come with potential challenges:
Training Gaps: Employees may require training and mentoring to reach the required level of competence.
Conflicting Duties: Health and safety tasks might be added to existing workloads, which can dilute attention and effectiveness.
Limited Perspective: Internal staff may be too close to company routines to question ingrained practices or spot emerging risks.
External Competent Person: Engaging an external health and safety expert provides a fresh, objective view and regulatory expertise.
External competent persons are ideal when:
The business has limited or no in-house health and safety knowledge.
The organisation operates in sectors with specific risks (e.g., construction, manufacturing, transport).
An independent review is needed to assure stakeholders or regulators of compliance.
We Can Help as Your External Competent Person if your business doesn’t have the time, capacity or expertise to appoint an internal competent person, we offer a complete range of services tailored to your needs. Whether you need occasional advice or full support managing your legal duties, we’re here to help.
Our service packages include (adaptable):
Acting as your legally required competent advisor, including certification for your records.
Health and safety audits to identify gaps, weaknesses and opportunities for improvement.
Fire risk assessments tailored to your premises and operations.
Comprehensive risk assessments, including those for working at height, forklift use, lone working, driving, etc.
Annual policy updates to keep your safety management system aligned with current legislation.
Ongoing support by phone and email, providing practical help whenever needed.
Document and compliance reviews throughout the year, ensuring everything is up-to-date.
By partnering with us, you get peace of mind, regulatory compliance and a proactive safety approach for your business. We are looking forward to hear from you!
