If you run a business in the UK—even a small one—you must appoint a competent person for health and safety. This isn’t optional, and it isn’t just for high‑risk industries. It’s a legal requirement under the Management of Health and Safety at Work Regulations 1999 (MHSWR), and it applies to every employer.
Here’s a clear, structured breakdown of what the law expects, what “competence” really means, and how to decide whether you can take on the role yourself or need external support.
What Is a “Competent Person” in Health & Safety?
The term comes directly from UK law. A competent person is someone with the skills, knowledge, experience, and training to help you meet your health and safety legal duties.
According to the HSE competent person guidance, this individual must be able to:
- Identify hazards and evaluate risks
- Understand relevant legislation
- Advise on practical control measures
- Support you in implementing safe systems of work
- Help you stay legally compliant
The competent person can be:
- You (the employer)
- An employee
- A combination of people
- An external consultant
The key is that they must genuinely be competent—not just nominated.
The Legal Requirement: What the Law Actually Says
Under Regulation 7 of the MHSWR 1999, every employer must:
“Appoint one or more competent persons to assist them in undertaking the measures needed to comply with the requirements and prohibitions imposed upon them by health and safety law.”
This means:
- You cannot legally operate without appointing someone
- You must ensure they are competent
- You must provide them with the resources and authority to do the job
Failing to appoint a competent person is a breach of your health and safety legal duties and can lead to enforcement action, fines, or prosecution.
What Counts as “Competence”?
Competence isn’t defined by a single qualification. Instead, it’s a blend of:
- Knowledge of health and safety law and best practice
- Experience applying that knowledge in real workplaces
- Training relevant to your industry
- Skills to assess risks and implement controls
For low‑risk businesses, basic training and experience may be enough.
For higher‑risk sectors—construction, manufacturing, logistics—you’ll need someone with deeper technical expertise.
Can I Be My Own Competent Person?
Yes—if you are genuinely competent.
You can act as your own competent person when:
- Your business is low‑risk
- You understand your legal duties
- You have appropriate training (e.g., IOSH Managing Safely)
- You can dedicate time to the role
However, many business owners choose external support because:
- They don’t have the time
- They’re unsure about compliance
- Their industry has higher risks
- They want reassurance from a qualified professional
When You Need an External Competent Person
You should consider appointing an external HSE competent person if:
- You lack internal expertise
- Your operations involve significant hazards
- You need help with risk assessments, policies, or audits
- You want accredited, professional support
- You’re scaling and need more robust systems
External competent persons often bring:
- NEBOSH‑qualified expertise
- Up‑to‑date legal knowledge
- Industry‑specific experience
- Documentation, templates, and ongoing support
For many SMEs, this is the most efficient and compliant route.
What a Competent Person Actually Does
A competent person typically supports you with:
- Health & safety policy creation and review
- Risk assessments and method statements
- Accident investigation
- Fire safety and emergency planning
- Training and toolbox talks
- Compliance audits
- Contractor management
- Ongoing advice and updates
Their role is to help you meet your health and safety legal duties—not to take responsibility away from you. The employer always remains legally accountable.
How to Choose the Right Competent Person
Look for someone who has:
- Relevant qualifications (NEBOSH, IOSH, NVQs)
- Experience in your sector
- Accreditation or membership (e.g., IOSH, IIRSM)
- Clear communication and practical advice
- A proactive, supportive approach
Avoid anyone offering “tick‑box” compliance. The competent person should help you build a safer, more efficient workplace—not just paperwork.
Final Thoughts
Yes—you do need a competent person for health and safety. It’s a legal requirement, and it’s essential for protecting your people and your business.
Whether that’s you, an employee, or an external consultant depends on your competence, your risk profile, and your capacity.
Getting this right isn’t just about compliance—it’s about creating a safer, more confident, and more productive workplace.
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