In this guide, we explain what a health and safety competent person is, what the role involves, how competence is defined in law, and how to choose the right approach for your organisation.
Under the Management of Health and Safety at Work Regulations 1999, employers must appoint one or more competent people to help them manage health and safety.
Understanding what ‘competent’ means in practice, and ensuring the right level of expertise, is essential for managing risk effectively and maintaining a safe, compliant workplace.
What is a competent person in health and safety? The KATE principle
Under the Management of Health and Safety at Work Regulations 1999, Regulation 7, employers must appoint “one or more competent persons to assist him…”
A competent person for health and safety is described by the Health and Safety Executive (HSE) as someone with “sufficient training and experience or knowledge and other qualities” to properly assist the employer.
Health and safety competence can be described using the KATE principle:
- Knowledge – Understanding of relevant legislation, workplace hazards, and appropriate control measures, including how these apply in practice.
- Ability – The practical capability to apply knowledge in real situations, including identifying risks, making decisions, and implementing controls effectively.
- Training – Relevant formal learning (e.g. NEBOSH, IOSH), along with ongoing professional development to keep knowledge up to date.
- Experience – Proven experience in similar environments or industries, enabling informed judgement and appropriate responses to risk.
Competence is defined by a combination of these factors. A competent person may be an employee who has the required training, experience and knowledge or an external consultant providing a health and safety competent person service.
What is the difference between a ‘competent person’ and a ‘responsible person’?
A ‘competent person’ and a ‘responsible person’ have distinct roles in health and safety.
The responsible person makes decisions and remains accountable, while the competent person provides the expertise to inform those decisions.
Responsible person
The responsible person is the individual or organisation with legal accountability. This is usually the employer, business owner, or person in control of the premises. For example, under the Regulatory Reform (Fire Safety) Order 2005, Article 3, the responsible person is defined as the employer or person in control.
They are responsible for ensuring that risks are managed and legal requirements are met and for appointing competent persons where needed.
Competent person
The competent person for health and safety is appointed to support the responsible person. They provide advice, guidance, and practical support, such as identifying risks, recommending control measures, and helping ensure compliance.
Can an employer act as the competent person?
An employer can act as the competent person for health and safety if they have sufficient knowledge, ability, training, and experience to manage the risks within their organisation.
However, where risks are complex or expertise is limited, relying on a health and safety competent person service ensures that legal duties are met with confidence.
What is the role of a competent person?
A competent person’s responsibilities normally include:
- Advising on legal requirements and compliance
Interpreting relevant legislation and guidance to ensure the organisation understands and meets legal obligations. - Supporting or carrying out risk assessments
Identifying hazards, evaluating risks, and ensuring suitable and sufficient assessments are completed and reviewed. - Developing and reviewing safe systems of work
Establishing clear procedures for higher-risk activities and ensuring they are practical, understood and followed. - Ensuring appropriate control measures are in place
Verifying that controls are suitable, effective, and proportionate to the level of risk. - Monitoring performance through inspections and audits
Conducting regular checks to confirm that arrangements are working and identifying areas for improvement. - Investigating incidents and identifying root causes
Analysing accidents, near misses, or ill health to determine underlying issues and prevent recurrence. - Recommending corrective actions and improvements
Providing clear, practical recommendations to address issues and strengthen health and safety performance. - Ensuring training is appropriate and up to date
Reviewing training needs and confirming that employees have the competence required for their roles. - Supporting effective record keeping
Ensuring that key records, such as inspections, training, and incidents, are accurate, up to date, and accessible. - Reviewing arrangements to ensure they remain effective as the organisation changes
Updating processes and controls in response to changes in activities, equipment, or personnel.
Competent person requirements in specific regulations
It is a legal requirement that a health and safety competent person has sufficient training, knowledge, experience, and other qualities relevant to the work. Some health and safety regulations set out how competence applies in specific contexts or activities.
Competent person under LOLER
Under the Lifting Operations and Lifting Equipment Regulations 1998 (LOLER), Regulation 9, a competent person is responsible for carrying out thorough examinations of lifting equipment.
This involves assessing whether equipment is safe to use, identifying defects, determining if it can remain in service, and specifying any remedial action.
Competence must include detailed knowledge of lifting equipment, inspection techniques, failure modes, and relevant standards, as well as the ability to make impartial, evidence-based decisions.
Competent person in PSSR
Under the Pressure Systems Safety Regulations 2000 (PSSR), a competent person is responsible for drawing up or certifying written schemes of examination and carrying out examinations in accordance with those schemes (Regulations 8 and 9).
This requires competence in pressure system design, operation, and failure risks. The competent person must be able to define what parts of the system require examination, set appropriate intervals, and assess whether the system is safe to operate under pressure.
Competent person under BS7121
BS7121 (the code of practice for crane operations) defines competence in relation to specific roles within lifting operations, such as the appointed person, crane supervisor, and slinger/signaller.
For example, the appointed person must be competent to plan lifting operations, carry out risk assessments, select appropriate equipment, and ensure lifts are executed safely. Competence must align with the specific responsibilities of the role and the complexity of the lifting activity.
Is a fire warden a competent person?
A fire warden (or fire marshal) is not automatically a competent person for fire safety, but can be, depending on their training, knowledge and role.
Fire wardens are trained to:
- Raise the alarm and support evacuation
- Check areas are clear
- Assist with emergency procedures
This makes them competent for emergency roles, particularly evacuation.
However, they are not usually competent for fire safety management, such as fire risk assessments or legal compliance under the Regulatory Reform (Fire Safety) Order 2005, unless they have additional specialist training. This work should be carried out by fire safety experts.
Our Praxis42 fire safety consultants are qualified to assess fire risks and advise on appropriate control measures.
Can you have more than one health and safety competent person?
In larger or higher-risk organisations, more than one health and safety competent person may be required.
The Management of Health and Safety at Work Regulations 1999, Regulation 7 states that employers must appoint “one or more competent persons”, recognising that a single individual may not have sufficient competence across all areas:
Organisations often appoint different competent persons for specific areas, such as general health and safety, lifting equipment (LOLER), or pressure systems (PSSR), ensuring that competence is relevant to each activity.
Where multiple competent persons are appointed, it is important to clearly define roles and responsibilities and ensure effective communication between them. This helps avoid gaps or duplication and supports a coordinated approach to managing risk across the organisation.
Do small businesses need a competent person?
All employers, regardless of size, must appoint a competent person for health and safety under Regulation 7 of the Management of Health and Safety at Work Regulations 1999. A “small business” is defined as an organisation with fewer than 50 employees.
Many small businesses meet the competent person requirement through outsourced health and safety services, without the need for a full-time specialist.
Our small business Helpdesk service provides direct access to a competent health and safety consultant, along with practical guidance to help you stay compliant.
Should you choose an internal or external competent person?
Choosing between an internal appointment and a health and safety competent person service depends on your organisation’s size, risk profile, and level of expertise.
| Feature | Internal competent person | Small business outsourced h&s services |
| Cost | Fixed salary, training, and overhead costs | Scalable, contract-based fees |
| Knowledge | Detailed understanding of internal processes and culture | Broad industry experience and specialist expertise |
| Availability | On-site and immediately available | On-call support with scheduled visits |
| Expertise level | May be limited to individual experience | Access to a wider team with varied expertise |
| Objectivity | May be influenced by internal pressures | Independent and impartial advice |
| Training requirements | Ongoing training required to maintain competence | Training managed by the provider |
| Flexibility | Less flexible if business needs change | Easily scaled up or down as needed |
| Coverage | Typically one individual | Access to multiple specialists if required |
| Best suited for | Larger or higher-risk organisations with in-house resource | SMEs or organisations without internal expertise |
How to appoint a competent person for health and safety
A structured approach helps ensure the right level of competence is in place:
Identify risks
The level of risk will determine the level and type of competence required.
Review your activities, work environment, and equipment to understand the types of hazards present. Consider factors such as machinery, hazardous substances, manual handling, contractors, and public interaction.
Assess internal capability
Identify whether anyone in your organisation has the training, knowledge, experience, and authority to act as a competent person. This should include reviewing qualifications (e.g. NEBOSH, IOSH), practical experience in similar work, and their ability to influence decisions and implement controls.
Identify gaps
Compare your risk profile with your internal capability. For example, you may have general health and safety knowledge but lack specialist competence in areas such as lifting equipment (LOLER), pressure systems (PSSR), or hazardous substances (COSHH).
Also consider whether there is sufficient time and resource to fulfil the role effectively.
Appoint internally or outsource
If there is suitable competence internally, formally appoint the individual, define their responsibilities, and ensure they are given sufficient authority, time, and resources.
If not, appoint an external health and safety competent person service to provide advice and support. This may include ongoing consultancy, audits, and access to specialist expertise where required.
The level of competence must be appropriate to the risks, and arrangements should be reviewed regularly, particularly when activities, equipment, or staffing change.
For many organisations, particularly those with limited internal expertise, a health and safety competent person service is a reliable and effective solution.
What are the consequences of not appointing a competent person?
Failure to appoint a health and safety competent person can lead to enforcement action by the HSE. A lack of competent advice may be considered by regulators when assessing whether an organisation has taken reasonably practicable steps to manage risk.
Inspectors have powers under Section 21 of the Health and Safety at Work etc. Act 1974 to issue improvement notices where there is a breach of legal duties.
Where there is a risk of serious harm, prohibition notices may be issued to stop activities immediately (Section 22). Serious breaches can result in prosecution under Section 33 of the Act, with courts able to impose unlimited fines.
Build competence with IOSH Managing Safely
Health and safety competence is built on a combination of knowledge, training and experience.
IOSH Managing Safely provides the essential knowledge and practical skills managers need to develop and demonstrate health and safety competence. From understanding legal responsibilities to identifying and controlling risks, it enables managersto make informed decisions and take effective action in the workplace.
IOSH Managing Safely is available online, in a virtual classroom, or face-to-face, giving you the flexibility to choose the format that works best for your organisation. Speak to our team today on 0203 011 4242 / [email protected] or book your IOSH Managing Safely course with us today!
Adam Clarke
Managing Director (Consulting)
