‘Competent Person’ is a term that appears throughout health and safety legislation, and understanding it is essential for legal compliance. Employers have a legal duty to appoint Competent Persons to manage workplace risks, and getting it wrong can lead to serious consequences.
What is a 'Competent Person'?
A competent person is someone with the necessary skills, knowledge, and experience to carry out specific health and safety tasks safely and effectively. The definition comes from section 7 of the Management of Health and Safety Regulations 1999, which requires employers to appoint one or more competent persons to help them meet their legal obligations.
Competence is not just about qualifications. The definition of competency in section 7 combines 'sufficient training and experience or knowledge and other qualities' to ensure that all hazards can be properly identified, risks can be understood and assessed, and that appropriate control measures can be implemented. This means a competent person needs practical experience working with the specific hazards they are managing, appropriate training that covers both technical knowledge and risk assessment, and the judgement to recognise the limits of their own expertise. They must understand the workplace context, be able to communicate risks clearly to others, and know when a situation requires specialist input or further investigation.
Competence is task-specific, so someone may be competent in one area but require additional support or training in another.
What different types of Competent Person are there?
Different UK health and safety regulations require Competent Persons for specific tasks. These include, but are not limited to:
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- Fire safety: Responsible for conducting fire risk assessments and ensuring compliance with all relevant fire safety legislation.
- Electrical safety: Must be qualified to carry out electrical inspections, testing, and maintenance under the Electricity at Work Regulations 1989.
- Gas safety: Must be registered with Gas Safe to be able to legally work on gas appliances and installations, as required by the Gas Safety (Installation and Use) Regulations 1998.
- Lifting Operations and Lifting Equipment Regulations (LOLER): Responsible for inspecting lifting equipment such as cranes, hoists, and forklifts to ensure safe operation.
- Pressure systems: Responsible for examining pressure vessels and systems under the Pressure Systems Safety Regulations 2000.
- Asbestos management: Responsible for conducting asbestos surveys and managing asbestos-containing materials in line with the Control of Asbestos Regulations 2012.
- First aid: Must be trained to provide first aid at work, as required by the Health and Safety (First Aid) Regulations 1981. This can also include Mental Health First Aiders, who must be trained to provide mental health first aid at work.
Each of these roles requires specific training and knowledge relevant to the hazards involved. Competency must be assessed on a task-by-task basis.
What is required of a Competent Person?
A Competent Person must be able to perform their duties without putting themselves or others at risk. This means they need sufficient training to understand the hazards, practical experience in managing those hazards, and access to any specialist knowledge or tools required.
Employers must assess whether the person has the right level of competence for the task. For straightforward and lower-risk activities, basic training may be enough. For more complex or high-risk activities, professional qualifications and extensive experience may be necessary.
Competent persons must also stay up to date. Regulations change, new guidance is published, and workplace conditions evolve. Ongoing training and refresher courses help maintain competency over time.
How is a 'Competent Person' different from a 'Responsible Person'?
A Responsible Person is someone appointed to carry out specific duties (usually relating to fire safety) under health and safety legislation. They are usually someone with control over the premises or activities taking place on those premises, such as a landlord, occupier, or employer. They may or may not be competent to perform the role.
The key difference is that a Competent Person has the skills and knowledge to do the job safely, while a responsible person has the duty to ensure the job gets done.
In some cases, the same individual may be both responsible and competent. In others, a responsible person may need to appoint or consult with a Competent Person to fulfil their legal obligations.
How can iCOR help you manage competency?
iCOR provides legal audits that identify observations and non-conformities in your health and safety management. Following these audits, you can assign actions to competent persons for specific tasks. This creates an external audit-ready and traceable timeline of action management and completion, ensuring clear accountability and demonstrable compliance.
You always know who is responsible for addressing high-risk issues, and your records provide evidence that appropriate competent persons have taken the necessary steps. iCOR provides monthly updates on changes to legislation and guidance, helping you keep competency requirements current.
Book a demo here to see how iCOR can help you manage legal requirements and strengthen your compliance programme.