Appointing a ‘Competent Person’
Firstly, let’s address the question: What is competence? Competence can be described as the combination of Training, Skills, Experience and Knowledge that a person has and their ability to apply them to perform a task safely.
As an employer you must appoint a ‘Competent Person’ or a team of people who are competent in providing guidance for you to comply with your legal H&S duties.
Regulation 7(1) of the Management of Health and Safety at Work Regulations 1999 (MHSWR); 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…”
Q. I have been in business for many years, I know the process, people and risks – is this enough competence?
Not necessarily. To ensure compliance, do you know and understand what H&S legislation is relevant to your business? Do know where sources of information and guidance can be found to help you effectively manage your health and safety risk?
Good knowledge of process, people, etc are strong indicators of competence. An independent check by a H&S professional can confirm good practice and identify any shortcomings that will need to be actioned to ensure compliance with the law.
Q: Can I have more than 1 competent person?
Yes, in fact this is very good practice as you then have shared knowledge, varying perspectives and cover for the event of holidays, sickness and other absences.
There are so many health and safety regulations that you may need additional support to ensure compliance with all relevant regulations to your organisation.
Q. Who should my competent person be?
Someone who has sufficient training and experience or knowledge and other qualities that allow them to identify hazards and determine the associated risks and recommend necessary actions and priorities to address any shortcomings in policy, procedures, assessments, etc.
Ideally this should be someone within your team as they will be familiar with the business, workplace and risks.
Where internal appointments aren’t possible someone from outside your business can be appointed, but you must remember, as the employer, managing health and safety will always remain your legal duty.
The level of competence required will depend on the complexity of a particular situation and the employer may need to enlist assistance for other people outside their organisation.
Q: What if I don’t appoint a competent person?
Failure to appoint a Competent Person can lead to a prosecution for breaching the Management of Health and Safety at Work Regulations and a breach can lead to intervention by your regulatory authority, fines or (in cases with the most severe consequences) even imprisonment.
A competent person is a legal requirement and appears in more places than the Management of Health and Safety at Work Regulations, including;
The Construction (Design and Management) Regulations 2015 – reference excavations;
“(a) the excavation and any work equipment and materials which may affect its safety have been inspected by a competent person”
The Work at Height Regulations 2005 – reference working platforms;
(a) the excavation and any work equipment and materials which may affect its safety have been inspected by a competent person
The Lifting Operations and Lifting Equipment Regulations 1998
– reference thorough examination and inspection;
“...an assembly, use and dismantling plan shall be drawn up by a competent person.”
There is no such thing as a trivial or complicated question. If your question isn’t here, please get in touch and we would be glad to provide an answer suitable for you and your workplace.
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