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Competent Person in Health & Safety
Regulation 7 | OSHCR Registered

What the Law Requires: Appointing a competent person under Regulation 7 of the Management of Health and Safety at Work Regulations 1999

Expert guidance on competent person requirements, OSHCR registration, CHAS compliance, in-house vs outsourced options, and appointment advice.

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Competent Person in Health & Safety

What It Means, Who Can Be Appointed, and What the Law Requires

Every UK employer has a legal duty to appoint a competent person to assist with Health & Safety compliance under Regulation 7 of the Management of Health and Safety at Work Regulations 1999 and the Health and Safety at Work Act 1974.

This requirement applies to all employers, regardless of size or sector.

Understanding what constitutes a competent person and who can fulfil the role is essential for legal compliance.

What Is a Competent Person in Health & Safety?

A competent person is defined in Regulation 7 of the Management of Health and Safety at Work Regulations 1999 as someone with:

"Sufficient training and experience or knowledge and other qualities to enable them to assist an employer or self-employed person to ensure compliance with health and safety requirements."

In practice, this means the competent person must be capable of:

  • Identifying workplace hazards
  • Assessing risk accurately
  • Advising on legal compliance
  • Supporting the implementation of effective controls

Competence is not a job title.

It is a combination of knowledge, experience, and ability.

When Is a Competent Person Required?

A competent person is required as soon as you employ people or conduct work activities that could affect others' health and safety.

This includes:

Small businesses and sole employers

Office-based organisations

Low-risk environments

High-risk and specialist operations

There is no exemption based on size, sector, or risk level. The level of competence required must simply be proportionate to the risks involved.

Is Appointing a Competent Person a Legal Requirement?

Yes.

Regulation 7 requires every employer to appoint one or more competent persons to assist in complying with Health & Safety law.

The Regulations also require that:

  • Adequate time and resources are provided
  • The competent person has access to relevant information
  • Their advice is taken seriously

Failure to appoint a competent person is a common enforcement issue.

How Many Competent Persons Are Required?

There is no fixed number set in law.

The requirement is to appoint as many competent persons as necessary to manage risks effectively.

Factors include:

  • Number of employees
  • Number of sites or locations
  • Nature and level of risk
  • Complexity of operations

For example:

  • A small, single-site office may require one competent person
  • A multi-site or higher-risk organisation may require several, or a combination of internal and external support
In-House Competent Person vs External Consultant

The Regulations state that where a competent person exists within the organisation, they should be appointed in preference to an external consultant.

However, many organisations:

  • Do not have sufficient in-house competence
  • Have partial competence but lack specialist knowledge
  • Require additional capacity or oversight

Common Models

In-House Competent Person with Consultant Support

  • Qualified internal staff member
  • External consultant provides specialist advice and backup
  • Knowledge transfer and development
  • Internal champion for Health & Safety
  • External support for complex or high-risk issues

Fully Outsourced Competent Person

  • No permanent staff overhead
  • Maximum flexibility
  • Access to specialist expertise
  • Scalable support as the organisation grows
  • Cost-effective for SMEs and multi-site operations

Both approaches are acceptable, provided competence is sufficient to address the risks involved. For businesses seeking a fully outsourced competent person service, Arinite provides OSHCR-registered, IOSH Chartered consultants who can act as your appointed competent person under Regulation 7.

Can Health & Safety Responsibility Be Outsourced?

No.

While the competent person may be external, legal responsibility always remains with the employer or business owner.

The competent person:

  • Assists with compliance
  • Provides advice and support
  • Helps design and maintain systems

They do not take legal responsibility away from directors or employers.

This distinction is critical.

What Happens If You Do Not Appoint a Competent Person?

Failing to appoint a competent person can result in:

Enforcement action for breach of Regulation 7

Improvement or prohibition notices

Evidence of management failure during investigations

Increased risk of prosecution following incidents

In many cases, lack of a competent person is used by regulators as evidence that Health & Safety arrangements were inadequate.

What Makes Someone Competent?

The Health & Safety Executive (HSE) defines competence as a combination of:

  • Training
  • Skills
  • Experience
  • Knowledge
  • Ability to apply these in practice

In addition, competence includes:

  • Understanding of current legislation
  • Awareness of best practice
  • Knowledge of the organisation's activities
  • Understanding of hazards and risks
  • Awareness of limitations and when to seek support
  • Ability to prioritise risk using the hierarchy of controls

Competence must be proportionate to the level of risk.

Competence of Senior Management and Directors

Appointing a competent person does not remove the need for management competence. Senior managers and directors must:

Understand their legal responsibilities

Ensure suitable arrangements are in place

Provide leadership and resources

Review and monitor Health & Safety performance

They do not need to be technical experts, but they must demonstrate oversight, ownership, and commitment.

Who Is the Competent Person in Your Organisation?

If you are unsure:

Whether your current arrangements are sufficient

Whether internal staff are suitably competent

Whether external support is required

A professional review can quickly clarify this. Arinite offers a free Health & Safety gap analysis to help you assess your current competent person arrangements and identify any gaps in compliance.