Every employer has a legal duty to appoint one or more competent persons to help them manage health and safety. But what does "competent" actually mean? And when do you need external help?
Do you have a competent person helping with health and safety?
Let's see if your current arrangement is adequate.
What is a competent person?
A competent person is someone with the necessary skills, knowledge, and experience to help you manage health and safety effectively. This comes from the Management of Health and Safety at Work Regulations 1999 (MHSWR), Regulation 7.
The definition sounds simple, but competence isn't about certificates or job titles. It's about having:
- Training — formal education or qualifications relevant to your risks
- Knowledge — understanding of health and safety principles and the law
- Experience — practical application of that knowledge in real situations
- Other qualities — the ability to apply learning to your specific circumstances
Competence is not a fixed state. Someone competent for simple, low-risk activities may not be competent for complex, high-risk situations. Competence must match the specific risks and challenges your business faces.
The legal requirement
Under Regulation 7 of MHSWR 1999, every employer must appoint one or more competent persons to assist them in undertaking the measures they need to take to comply with health and safety law.
This isn't optional. Whether you run a one-person business or a large organisation, you must have access to competent health and safety advice.
The law says:
"Where there is a competent person in the employer's employment, that person shall be appointed in preference to a competent person not in his employment."
In plain English: use your own staff if they're competent, before looking externally.
For very small, low-risk businesses, the employer themselves may be the competent person — if they have (or acquire) sufficient training, knowledge, and experience. But you can't just assume you're competent without evidence.
Competent person vs qualified person
These terms are often confused:
Competent vs Qualified
Competent Person
- •Has training, knowledge, AND experience
- •Can do the specific task safely
- •Competence matches the risk level
- •May or may not have formal qualifications
- •Legal requirement under MHSWR
- •Broader concept covering many activities
Qualified Person
- •Holds specific certificates or qualifications
- •May be legally required for certain tasks
- •Examples: gas engineer, electrical contractor
- •Qualification proves minimum standard
- •Often needs ongoing registration/renewal
- •Specific to technical/specialist work
Bottom line: A qualified person usually has formal credentials, but that doesn't automatically make them competent for your specific situation. Conversely, someone may be competent through training and experience without holding formal qualifications — though for high-risk work, qualifications are expected.
Examples in practice
Competent person:
- A warehouse manager with IOSH Managing Safely training and 5 years' experience conducting workplace inspections and risk assessments
Qualified person:
- A Gas Safe registered engineer authorised to install and service gas appliances
Both competent AND qualified:
- A qualified electrician (Part P registered) with extensive experience working on commercial premises, who understands the specific electrical risks in your industry
What does a competent person do?
The role is to "assist" the employer in complying with health and safety law. This might include:
- Risk assessments — identifying hazards and evaluating risks across your operations
- Policy and procedures — helping develop safe systems of work
- Training — providing or arranging appropriate health and safety training
- Monitoring — conducting inspections, audits, and workplace checks
- Advice — interpreting regulations and recommending improvements
- Investigation — looking into accidents, near misses, and health and safety concerns
- Liaison — communicating with enforcing authorities and external specialists
The competent person assists — they don't replace your legal responsibilities. Ultimate accountability for health and safety remains with the employer or duty holder.
Skills, knowledge, and experience required
What makes someone competent depends entirely on your risks. Here's what to consider:
Knowledge
- Understanding relevant health and safety law
- Awareness of industry-specific risks and standards
- Knowledge of risk assessment techniques
- Familiarity with accident investigation and reporting
- Understanding of effective control measures
Experience
- Practical application in similar environments
- Track record of implementing effective controls
- Experience dealing with the specific hazards in your business
- Evidence of continuing professional development
Personal qualities
- Communication skills (explaining risks to non-specialists)
- Judgment and decision-making ability
- Credibility with managers and staff
- Persistence to follow through on recommendations
- Independence to challenge poor practice
Beware of assuming job titles equal competence. A "Health and Safety Manager" who has only worked in offices may not be competent to assess risks in a manufacturing environment without additional training and experience.
When you must appoint a competent person
The short answer: always. Every employer needs competent health and safety support.
However, the level and type of competence required varies:
Low-risk businesses (e.g., small office, retail shop)
- Employer may act as their own competent person if suitably trained
- IOSH Managing Safely or equivalent course often sufficient
- Access to external advice when needed (HSE website, consultant)
- Regular updates as regulations change
Medium-risk businesses (e.g., light manufacturing, hospitality, schools)
- Dedicated health and safety role (part-time or full-time)
- NEBOSH General Certificate or equivalent
- Practical experience in similar environments
- May need specialist input for specific risks (e.g., noise, chemicals)
High-risk businesses (e.g., construction, chemicals, offshore)
- Qualified health and safety professional (NEBOSH Diploma or degree)
- Membership of professional body (IOSH, IIRSM)
- Extensive relevant experience
- Access to specialist competence for technical risks
Construction firm prosecuted for lack of competent advice
A small construction company attempted to manage health and safety internally without adequate competence. The director attended a one-day awareness course but had no construction-specific training or experience.
- ✗No competent person appointed with construction knowledge
- ✗Generic risk assessments copied from the internet
- ✗Work at height controls were inadequate
- ✗No method statements for high-risk activities
- ✗Employee suffered serious fall from height
The company was prosecuted under MHSWR and Health and Safety at Work Act. Fine of £50,000 plus costs. The court noted that the director's lack of competence was a significant contributing factor to the incident.
High-risk industries require competent persons with specific knowledge and experience in those risks. Generic awareness training is not enough. The cost of proper competent support is trivial compared to the human and financial cost of getting it wrong.
Internal vs external competent persons
The law requires you to appoint internal staff if they're competent, before looking externally. But many businesses need a mix.
Internal vs External Competent Person
Internal (Your Staff)
- •Understands your business and culture
- •Available day-to-day for questions
- •Can respond immediately to issues
- •More cost-effective over time
- •Preferred by law if competent
- •Needs ongoing training and support
External (Consultant/Advisor)
- •Brings specialist knowledge
- •Independent perspective
- •Up-to-date with regulations
- •No ongoing employment costs
- •Flexibility to scale up/down
- •May not know your business deeply
Bottom line: For most businesses, the best approach is a competent internal person for day-to-day matters, supported by external specialists for complex or high-risk issues. This gives you embedded knowledge plus access to expertise when needed.
Hybrid models
Many organisations use a combination:
- Internal coordinator (e.g., office manager, facilities supervisor) with basic health and safety training, supported by:
- External consultant for risk assessments, audits, specialist advice, and annual reviews
This approach satisfies the legal preference for internal competence while ensuring access to expert support.
Competence for different risk areas
Different hazards require different competence:
Fire safety
- Understanding of fire risk assessment methodology
- Knowledge of Fire Safety Order requirements
- Experience with means of escape, detection, and fire-fighting equipment
- May need fire risk assessor qualification (e.g., NEBOSH Fire Certificate, IFE membership)
Electrical safety
- For maintenance and inspection: qualified electrician (e.g., City & Guilds 2391)
- Understanding of fixed wire testing, PAT testing, electrical risk
- Must comply with BS 7671 (Wiring Regulations)
Gas safety
- Must be Gas Safe registered for work on gas appliances
- Different competencies for different gas types and appliance categories
- Legal requirement — not optional
Asbestos
- Awareness training for all who might encounter it
- Surveying requires BOHS P402/P403 or equivalent
- Removal requires licensed contractor (for most asbestos types)
- Management requires understanding of Control of Asbestos Regulations 2012
Working at height
- Competence in planning, supervising, and carrying out work at height
- Knowledge of hierarchy of controls (avoid, prevent, mitigate)
- Understanding of equipment (scaffolds, harnesses, MEWPs)
- May need IPAF, PASMA, or similar for specific equipment
You don't need to be an expert in everything. But you do need to know when a risk requires specialist competence, and arrange for that expertise.
How to assess competence
When appointing a competent person (internal or external), ask:
Training and qualifications
- What health and safety qualifications do they hold?
- Are they up-to-date and relevant to your risks?
- Do they undertake continuing professional development?
Common qualifications:
| Level | Qualification | Suitable for |
|---|---|---|
| Basic awareness | IOSH Working Safely | All employees |
| Supervisor/manager | IOSH Managing Safely | Line managers, small business owners |
| Practitioner | NEBOSH General Certificate | Health and safety coordinators, medium-risk businesses |
| Professional | NEBOSH Diploma, Degree | Health and safety professionals, high-risk businesses |
Experience
- Have they worked in your industry or similar?
- Can they provide examples of risk assessments they've conducted?
- Do they have references from similar organisations?
Membership of professional bodies
- Chartered Member of IOSH (CMIOSH) — demonstrates professional competence
- Chartered Fellow of IIRSM (CFFIIrsm) — senior health and safety professionals
- Membership shows commitment to standards and continuing development
Insurance and qualifications (for external consultants)
- Do they have professional indemnity insurance?
- Are they willing to provide evidence of qualifications?
- Do they have a clear scope of service?
For external consultants, ask for evidence. Check qualifications, references, and professional body membership. A credible consultant will happily provide this information.
Training and qualifications
There's no single "competent person qualification," but these are widely recognised:
For employers and line managers:
- IOSH Managing Safely (3-4 days) — practical health and safety for non-specialists
- Covers risk assessment, hazard identification, incident investigation
- Good for small business owners and managers in low-risk environments
For health and safety coordinators:
- NEBOSH National General Certificate (10 days or online) — foundation for health and safety professionals
- Covers UK law, risk assessment, workplace hazards, and control measures
- Suitable for medium-risk businesses or dedicated health and safety roles
For health and safety professionals:
- NEBOSH National Diploma (18 months part-time) — professional level qualification
- In-depth coverage of law, risk management, and specialist areas
- Required for most health and safety manager roles in high-risk industries
Specialist courses:
- NEBOSH Fire Safety Certificate
- NEBOSH Construction Certificate
- Electrical safety training (e.g., 2391 inspection and testing)
- Gas Safe registration courses
- First aid at work qualifications
Qualifications demonstrate knowledge, but competence also requires experience. Someone with NEBOSH General Certificate and no experience is less competent than someone with IOSH Managing Safely and 10 years' practical application in your industry.
Small business considerations
If you run a small, low-risk business, appointing a competent person doesn't mean hiring a health and safety manager. Options include:
1. Be your own competent person
- Attend IOSH Managing Safely or similar course
- Use HSE guidance and templates
- Understand when you need external specialist advice
- Keep learning as your business changes
2. Appoint an existing employee
- Choose someone reliable and respected
- Provide training (IOSH, NEBOSH as appropriate)
- Give them time to carry out the role
- Support ongoing development
3. Use external support
- Engage a consultant on a retainer (e.g., quarterly visits)
- Use them for risk assessments, policy review, training
- Maintain day-to-day awareness yourself
- Typically costs £500-2000/year for small businesses
4. Hybrid approach
- You or a staff member handle day-to-day matters
- External consultant for annual review and specialist advice
- Gives you best of both worlds
Small Business Options
DIY + Occasional Consultant
- •Low ongoing cost
- •You understand your business
- •Expert input when needed
- •You must invest time in learning
- •Risk of missing something
Retained Consultant
Recommended- •Professional competence assured
- •Regular reviews and updates
- •Peace of mind
- •Higher cost (but still modest)
- •Less day-to-day support
Bottom line: For most small businesses, a hybrid works best: basic internal competence for daily matters, backed by professional consultant for reviews, complex issues, and assurance.
Common mistakes
1. Assuming you don't need a competent person
"We're low-risk, we don't need health and safety advice."
Even low-risk businesses need competent support. The duty is absolute — there's no exemption for small or simple businesses.
2. Thinking a certificate makes you competent
Competence = training + knowledge + experience. A one-day course alone doesn't make someone competent for complex risks.
3. Appointing someone without giving them time or resources
Making someone "responsible for health and safety" without training, time, or authority sets them up to fail.
4. Not reviewing competence as risks change
Someone competent for an office environment may not be competent when you start using chemicals, or move to a new premises, or take on high-risk work.
5. Ignoring the need for specialist competence
Your general competent person may need support for fire, electrical, asbestos, or other specialist areas.
Small business gets it right
A 12-person marketing agency recognised they needed health and safety support but didn't think they could afford a consultant.
- ✓Office manager attended IOSH Managing Safely course (£350)
- ✓Conducted risk assessments using HSE templates
- ✓Engaged consultant for half-day annual review (£400/year)
- ✓Consultant spotted gaps they'd missed (portable appliance testing, fire risk assessment)
- ✓Consultant provided updated templates and action plan
Total cost under £1000 in year one, £400/year ongoing. Legal duty met, risks managed, staff feel looked after. When they moved offices, the consultant helped assess the new premises.
Small businesses can meet the competent person requirement affordably. A modest investment in training and occasional professional advice covers most needs.
Frequently asked questions
Yes, if you have sufficient training, knowledge, and experience for the risks in your business. For a small, low-risk business, attending a course like IOSH Managing Safely, plus using HSE guidance, may be enough. But you must be honest about your competence — and know when to seek external help.
Not necessarily. The requirement is for a competent person, not a particular qualification. However, higher-risk businesses typically need someone with professional-level qualifications (NEBOSH Diploma, degree) and relevant experience. Professional membership (e.g., CMIOSH) is a good indicator.
The 'responsible person' (e.g., under Fire Safety Order) is the person legally accountable — usually the employer or building owner. The 'competent person' is someone with the skills to help the responsible person meet their duties. One person can be both, but the roles are distinct.
Free resources can build awareness, but recognised qualifications (IOSH, NEBOSH) provide structured learning and evidence of competence. For very low-risk situations, self-study plus HSE guidance may be adequate, but most businesses benefit from formal training.
Internal: training costs (IOSH Managing Safely £300-500, NEBOSH General Certificate £500-1200), plus ongoing time. External: consultants typically charge £400-1000 per day, or retainers from £500/year for small businesses up to several thousand for regular support.
You may do. One person might handle general health and safety, but you'll need specialists for gas work (Gas Safe), electrical work (qualified electrician), asbestos surveys (BOHS qualified), etc. Your general competent person should know when specialist input is needed.
You must appoint a replacement promptly. Losing your competent person doesn't suspend your legal duties. If an internal person leaves, either train someone else or engage external support until you recruit.
The primary legal responsibility lies with the employer or duty holder. However, competent persons can be prosecuted individually if they personally fail in their duties. This is why professional indemnity insurance is important for external consultants.
Next steps
If you don't have a competent person appointed, your immediate priorities are:
- Assess your risks — understand the level of competence you need
- Choose your approach — internal, external, or hybrid
- Arrange training — if appointing internal staff, ensure they're trained appropriately
- Document the appointment — record who your competent person is and their qualifications/experience
- Review regularly — as your business changes, check competence remains adequate
Not sure if you have adequate competent health and safety support? A qualified health and safety consultant can assess your current arrangements, identify gaps, and recommend proportionate solutions for your business.
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