What Is a Competent Person for Health and Safety? Your Legal Duty Explained

The Legal Requirement

Many business owners are surprised to learn that appointing a competent person is a legal requirement. Regulation 7 of the Management of Health and Safety at Work Regulations 1999 requires every employer to appoint one or more competent persons to help them comply with their health and safety duties. This applies regardless of the size of the business, from the smallest start-up to the largest organisation.

What Does Competent Mean?

A competent person is someone with the necessary skills, knowledge, and experience to manage health and safety. There is no single qualification that automatically makes someone competent. Instead, it is about having enough understanding of your activities and the associated risks to give sound advice and help you put sensible controls in place. For straightforward, low-risk businesses, a manager with appropriate training may be competent. For more complex or higher-risk work, deeper expertise is needed.

Can the Competent Person Be Someone In-House?

Yes. The regulations say that employers should appoint someone from within their own business where there is a competent person available. This recognises that your own people understand your operations best. Many businesses train a manager or supervisor to take on the role for day-to-day matters.

When to Bring in External Support

If there is no one in your business with sufficient competence, or if your activities are complex or higher risk, you may need to appoint an external competent person. Many businesses use a combination: an internal person handling routine matters, supported by an external consultant for specialist advice, audits, and complex assessments. The key is that the level of competence matches the level of risk.

What the Competent Person Does

• Helps identify hazards and assess risks
• Advises on practical, proportionate control measures
• Keeps the business up to date with changes in the law
• Supports the development of policies and safe systems of work
• Helps investigate accidents and prevent recurrence

A Common Misunderstanding

Appointing a competent person does not transfer your legal responsibility. As the employer, you remain responsible for health and safety in your business. The competent person helps and advises you, but the duty to manage risks stays with you. This is why choosing genuinely competent support is so important.

How We Can Help

For many businesses, the simplest and most cost-effective solution is to appoint an external specialist. Our competent person service gives you access to qualified health and safety professionals whenever you need them, helping you meet your legal duty with confidence. Contact us to discuss how we can support your business.