Competent Person Health and Safety Duties

Competent Person: What the Law Requires and How to Know You Have Met the Standard

What the law says

Regulation 7 requires employers to appoint one or more competent persons to assist them in undertaking the measures needed to comply with health and safety duties.

A competent person must have sufficient training, experience, knowledge and other qualities to properly assist the employer.

There is no single prescribed qualification that automatically makes someone competent for every business. Competence must be relevant to the work, the risks and the level of support needed.

The Regulations require employers to use competent persons in their employment in preference to external support where there is someone suitable available. Where that competence is not available internally, external competent person support may be appropriate.

Naming someone as your competent person without giving them the time, authority, resources or training to actually do the role is not effective compliance. It is a paper exercise that will not protect the business, or the person named, if something goes wrong.

What competence actually looks like

Competence is not just about qualifications, although qualifications can be important.

A genuinely competent person should have:

sufficient knowledge of health and safety law;
understanding of how the law applies to the business;
practical knowledge of the hazards and risks in the workplace;
the ability to identify sensible and proportionate controls;
access to up-to-date guidance and information;
enough time to carry out the role properly;
enough authority to raise concerns and be listened to.

The last two points are often missed. A person may have knowledge, but if they are not given time or authority, they cannot properly assist the employer.

Internal versus external support

For some small, low-risk businesses, a trained internal person may be able to fulfil the competent person role effectively, with specialist advice brought in where needed.

External competent person support becomes more appropriate where:

the business does not have suitable knowledge internally;
the work is higher risk or more complex;
there are several sites or contractors to manage;
significant changes are taking place;
there has been an accident, incident or enforcement action;
the business needs an independent review of its current arrangements.

Appointing an external health and safety consultant does not remove the employer’s legal responsibilities. The employer remains accountable. The consultant’s role is to assist, advise and support the employer in meeting those duties.

Questions to ask when assessing competence

When deciding whether someone is competent to assist with health and safety, ask:

What relevant qualifications, training or experience does this person have?
Are they familiar with the type of work and the risks involved?
Do they understand the business in practice, not just on paper?
Do they have enough time to carry out the role properly?
Do they have authority to raise concerns and recommend action?
Do they keep up to date with changes in legislation and guidance?
Are their recommendations acted on?
Is the appointment clearly recorded?

A competent person should help the business manage real risks. The role should not be treated as a name on a document.

Need support?

North East Health and Safety provides competent person support, risk assessment reviews, policy writing and practical health and safety consultancy for UK businesses.

Last reviewed: June 2026

Competent Person: What the Law Requires and How to Know You Have Met the Standard

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What the law says

What competence actually looks like

Internal versus external support

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