Health and safety competent person explained

In short

Regulation 7 of the Management of Health and Safety at Work Regulations 1999 says every employer must appoint one or more competent people to help them meet their health and safety duties. That can be you, one of your workers or an outside adviser, but if you have a competent person in your own business, the law says to appoint them in preference to an outsider. Whoever you appoint, the legal duties stay with you.

Example

knowing when to ask

Mark runs a building firm with twelve staff. His contracts manager, Aisha, has health and safety training and years on site, so Mark appoints her to help with day-to-day health and safety. Then the firm wins its first job with a deep basement dig next to an occupied building. Aisha tells Mark this is beyond her experience. They bring in an outside adviser for that project and ask for a proper handover, so Aisha can manage the controls once work starts. The duties still sit with the firm.

An illustrative example, not a real case.

What the law says

Regulations 7(1) and 7(3): every employer must appoint one or more competent persons, with enough time and means, to help them comply with health and safety law.
Regulation 7(5): a person is competent if they have sufficient training and experience or knowledge, and other qualities, to help properly.
Regulation 7(8): if there is a competent person in your own business, you must appoint them in preference to someone from outside.
Regulation 21: the act or default of an employee, or of a competent person you appointed, is not a defence for you in criminal proceedings.
In construction, regulation 8 of CDM 2015 also requires designers and contractors to have the skills, knowledge and experience their role needs, and, for organisations, the organisational capability.

Note: Sole traders and partnerships need not appoint anyone else if they, or one of the partners, have the competence to do it properly (regulations 7(6) and 7(7)).

What competence means

HSE describes competence as the combination of training, skills, experience and knowledge, and the ability to apply them to work safely. Formal qualifications are not usually essential, although training can help. HSE also says competence only needs to be proportionate to the job: an office needs less than a construction site.

When to bring in outside help

The work is high risk, complex or new to you, such as demolition or deep excavations.
Nobody in the business has the knowledge or experience for a particular risk.
You need a specialist, such as an occupational hygienist to measure dust exposure.
You want an independent check that your arrangements work in practice.

How to choose an adviser

01
Be clear what you need
Agree what they will do, and when, before they start.
02
Check their competence
Ask for evidence of relevant training and experience in your industry, and check they are adequately insured.
03
Look for practical advice
It should be specific to your workplace, focus on significant risks and not create paperwork for its own sake.
04
Ask for a handover
Make sure they explain the key risks and controls so you can manage them yourselves.

Note: HSE supports the Occupational Safety and Health Consultants Register (OSHCR), which lists consultants recognised by their professional bodies.

Common questions

Can I be my own competent person?

Yes, if you have the training, experience or knowledge to do it properly. HSE says managing health and safety is usually not complicated and you can often do it yourself with the help of your workers.

Does a competent person need a qualification?

Not usually. HSE says formal qualifications are not usually essential. What matters is that they can recognise the hazards in your business and help you put sensible controls in place.

If I use a consultant, are they responsible for health and safety?

No. HSE is clear that managing health and safety remains your legal duty, even if you use someone from outside your business.

How do I find a health and safety consultant?

HSE points businesses to the Occupational Safety and Health Consultants Register (OSHCR). Trade associations, safety groups and local councils can also help.

How NXT-HSE can help

NXT-HSE can give your business outside health and safety advice when you need it, and help you build the knowledge to manage everyday risks yourselves. Using an adviser does not transfer your legal duties.

Sources

Sources checked 27 September 2026 against current Health and Safety Executive guidance and legislation. This guide is general information, not legal advice; your legal duties stay with your business.

Competent help: why the law says you need it.