A competent person is a person who is specifically qualified to do something.
In relation to health and safety in England and Wales, the term means the person or company who is advising you on health and safety matters. A competent person can be company, it doesn’t have to be a single person.
Is it a legal requirement to have a competent person?
Yes. Regulation 7 of The Management of Health and Safety at Work Regulations states that “(1) Every employer shall, subject to paragraphs (6) and (7), 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 and by Part II of the Fire Precautions (Workplace) Regulations 1997.”
In plain English, it means you don’t need to know everything about safety, inside out. It means you can have someone to advise you so you can comply with the law. All you need to do is listen to them and follow their advice!
You can be your own competent person. Just keep yourself up to date on health and safety issues and do some health and safety training. Remember that you will need to prove how you are qualified to be your own competent person.
Who is a Competent Person?
A competent person can be an individual or company who will advise you what to do, such as a qualified health and safety advisor. The individual needs to have sufficient training and experience to advise you in the field you work in. For example, John down the pub who used to work on the oil rigs for a few years is not suitably qualified to be a competent person for a bricklayer. Bob who used to be a safety manager at a petrochemical plant will have more idea and would be a better candidate, but ideally you want to appoint someone who works in construction. This ensures that the individual is up to date on industry standards, legal changes and best practice.
Background Checks
You will be asked who your competent person is when you apply for SMAS, or any other safety accreditation. Even if you are filling in a health and safety questionnaire to get on a tender list, you need to state yourself (if you are a micro business) or name the person/company providing the service to you.
The information you give is be checked and verified.
The person assessing the questionnaire or application will check. We get emails asking us to provide proof of service. If you don’t want to appoint someone, then name yourself and explain how you feel you are competent to do the job. Don’t name a company or person you are not using.
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You Don’t Need a Competent Person if…
You are a self employed person, working alone who understands fully the risks of their work and can manage their own health and safety
OR
You are an employer who has someone in the business who is qualified to advise on health and safety matters.
Next Steps
Decide if you want to gen up on health and safety matters and be your own competent person
If you don’t and you are a construction business, I can provide a competent person service for you. Click here to find out more.