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HEALTH & SAFETY · COMPETENT PERSON · UK LAW EXPLAINED

Every employer has to appoint a competent person. Here's what that actually means.

A competent person is someone with the skills, knowledge and experience to help you meet your health and safety duties. Under the Management of Health and Safety at Work Regulations 1999, every employer must appoint one or more. They don't have to be an employee. You can appoint someone in-house, bring in an external consultant, or use a mix of both.

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THE SHORT ANSWER

"Competent" has a legal meaning. It isn't a job title or a single certificate.

It's about whether the person genuinely understands the hazards in your work and can give you sound advice on controlling them. The law sets out the duty plainly, and the wording matters.

It's a legal duty, not a nice-to-have

Regulation 7 of the Management Regulations says you must appoint one or more competent persons to help you comply with health and safety law. It is not optional.

Look in-house first

The law expects you to give preference to a suitably competent person from within your own business where one is available, and to look outside only where there isn't.

No single qualification makes someone competent

What the HSE looks for is a sensible match between the person's knowledge and the risk in your work. The standard scales with your hazards.

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WHAT COMPETENCE MEANS IN PRACTICE

A competent person should be able to do four things.

There's no single certificate that makes someone "competent" by law. What matters is whether their knowledge and experience match the risks in your work. In practice, a competent person can:

Identify your real hazards

The hazards in your specific activities, not the generic ones lifted off a template. Your work, your site, your risks.

Judge how serious each risk is

Weigh how serious each risk is and decide what control is reasonably practicable, rather than applying a blanket rule.

Advise you on the law

Tell you which legislation applies and what you must do to meet it, in language you can act on.

Know the limits of their knowledge

Recognise when a specialist is needed and bring that expertise in rather than guessing. A good competent person knows what they don't know.

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WHO CAN BE YOUR COMPETENT PERSON

You have three routes.

Whichever you choose, the legal duty to comply stays with you as the employer. What changes is where the day-to-day expertise sits.

01Internal

A suitably trained and experienced employee. This works where the risks are straightforward and someone has the time and knowledge to stay on top of changing law.

See our H&S service
02External

A consultant appointed to act as your competent person. Common where the risk is high, the law is complex, or nobody internal has the bandwidth. The duty stays with you; the day-to-day expertise sits with someone who does this for a living.

See our H&S service
03Both

An internal contact who handles the routine, backed by an external specialist for the harder calls. Most growing SMEs end up here.

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HOW SPECTRA FILLS THE ROLE

A named, qualified consultant who stands behind the advice they give you.

We act as the appointed competent person for businesses across construction, care, manufacturing and professional services. You get a named, qualified consultant, the same person every time, who learns your sites and your risks. That means your risk assessments are written for your actual work, your policies reflect how you operate, and when something unexpected happens, or the HSE makes contact, you have a senior specialist to call rather than a guess to make. The duty to comply stays yours. The heavy lifting of competence becomes ours.

A named, qualified consultant, the same person every time
Risk assessments written for your actual work, not generic templates
A senior specialist to call when the unexpected happens or the HSE makes contact
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A Spectra health and safety consultant walking a client's site as their appointed competent person
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YOUR CONSULTANT

The H&S specialist who acts as your competent person.

You get one named consultant, qualified in health and safety, and you keep them. They learn your sites, your people and the way you actually work, so when you ring, they already know your business and stand behind the advice they give.

Pete
Pete
Health & Safety

“I work with businesses to provide practical, hands-on health and safety advice. It's important that you have the right systems and procedures in place, but they need to be written for your business and not just be generic. We provide a very hands-on approach with one nominated consultant as your point of contact — no call centres.”

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QUESTIONS

Common competent person questions

What is a competent person in health and safety?
A competent person is someone with the skills, knowledge and experience to help an employer meet their health and safety duties. The law requires every employer to appoint one or more. They can be an employee, an external consultant, or a combination of both.
Is appointing a competent person a legal requirement?
Yes. Regulation 7 of the Management of Health and Safety at Work Regulations 1999 requires every employer to appoint one or more competent persons to assist with the health and safety measures the law demands. It is not optional.
Does a competent person need a specific qualification?
No single qualification is required by law. Competence is judged by whether the person's knowledge and experience match the risks in your work. For higher-risk activities, that usually means relevant professional qualifications and real experience; for low-risk settings, suitable training may be enough.
Can I appoint someone outside my business as the competent person?
Yes. The law lets you use an external consultant where you don't have a suitably competent person internally. Many SMEs appoint an external specialist precisely because the risks or the law are too complex to manage in-house. The legal duty to comply still rests with you as the employer.
What happens if I don't appoint a competent person?
You're in breach of the Management Regulations, which the HSE can enforce. More practically, you're making safety decisions without the knowledge to make them well, which raises the risk of incidents, enforcement action and uninsured losses. Appointing a competent person is both a legal duty and a sensible safeguard.
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Still not sure what applies to you?

Tell us your situation and a named consultant will give you a straight answer on whether you need to appoint a competent person, and what that should look like for your business. No script and no obligation.

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