Appoint a competent person for health and safety

Your legal duty to appoint a competent person to help with health and safety under the Management of Health and Safety at Work Regulations 1999. Explains what competence means, when you can do it yourself, and when you need external help.

UK-wide
Guide summary

You must appoint someone to help with health and safety if you have employees. Choose someone with enough knowledge for your workplace risks - this can be you in simple cases. Provide them with time and resources to do the job properly.

  • Appoint a competent person as soon as you hire your first employee
  • You can act as the competent person for low-risk workplaces
  • Choose someone with enough knowledge for your workplace risks
  • Give preference to existing employees over external consultants
  • Higher-risk workplaces may need qualified consultants
  • Provide adequate time and resources for safety duties
  • Low-risk offices may only need basic safety awareness
  • Construction/chemical workplaces need formal qualifications
  • Use the Occupational Safety and Health Consultants Register (OSHCR) to find help
  • Keep safety knowledge up to date as laws change
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UK-wide

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What the law requires

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 health and safety. This applies from your first employee, regardless of business size or sector.

The competent person helps you meet your duties under health and safety law. They advise on risk assessments, control measures, training needs, and compliance with specific regulations.

What competence means

The law does not require specific qualifications. Instead, competence depends on:

  • The complexity of your workplace risks - a simple office has different needs from a construction site
  • The person's training, experience, and knowledge - can they properly assist with your specific hazards?
  • Their understanding of current health and safety law - requirements change over time

The test is whether the person can "properly assist" you in meeting your health and safety duties for your particular workplace. What counts as competent for a small office would not be competent for a chemical plant.

Competence is relative to risk

Think of competence as a spectrum:

Low-risk workplace (office, small shop)
Basic health and safety awareness may be sufficient. The employer can often be the competent person after completing HSE guidance or a short course.
Medium-risk workplace (warehouse, light manufacturing)
More detailed knowledge needed. Consider IOSH Managing Safely or similar training for an internal person, or engage an external consultant.
Higher-risk workplace (construction, chemicals, heavy industry)
Formal qualifications typically needed. NEBOSH General Certificate, sector-specific qualifications, or Chartered Membership of IOSH (CMIOSH).

Can you be your own competent person?

Yes, in many cases. If you run a small, low-risk business and have sufficient knowledge and skills, you can act as the competent person yourself. This is common for:

  • Small offices with basic hazards (DSE, slips and trips, electrical equipment)
  • Retail shops without significant manual handling or hazardous substances
  • Professional services with office-based work

To be competent yourself, you should at minimum:

  • Complete the free HSE guidance at hse.gov.uk/simple-health-safety
  • Understand the main hazards in your workplace
  • Know how to conduct a basic risk assessment
  • Be aware of your duties under health and safety law
  • Keep your knowledge up to date

The law prefers internal competent persons

Regulation 7(8) requires employers to give preference to appointing someone from their own workforce over an external consultant. This is because internal staff understand the workplace better and can respond more quickly to issues.

You should only use external consultants when you genuinely cannot develop the necessary competence internally, or when specialist expertise is needed that would be disproportionate to develop in-house.

When you need external help

Consider engaging a health and safety consultant if:

  • Your workplace has complex or unusual hazards
  • You work in a higher-risk sector (construction, manufacturing, chemicals)
  • You lack the time or resources to develop competence internally
  • You have had an accident, near miss, or HSE enforcement action
  • You are expanding into new activities with unfamiliar risks
  • Specific regulations require specialist knowledge (asbestos, ionising radiation, major hazards)

External consultants can provide one-off advice, ongoing retainer support, or help you train internal staff to become competent.

Checking consultant competence

If you engage an external consultant, you must satisfy yourself they are competent. Look for:

  • Relevant qualifications: NEBOSH Diploma, CMIOSH (Chartered Member of IOSH), or equivalent
  • Membership of professional bodies: IOSH, IIRSM, or sector-specific bodies
  • Experience in your sector: Do they understand your specific risks?
  • Professional indemnity insurance: Covers you if they give negligent advice
  • References: From similar businesses

The Occupational Safety and Health Consultants Register (OSHCR) lists consultants who meet defined competence standards. Using an OSHCR-registered consultant provides assurance but is not mandatory.

Resources and time

You must ensure your competent person has adequate time and resources to do their job effectively. This means:

  • Allocating sufficient time for health and safety duties (not expecting it to be done in spare moments)
  • Providing access to relevant information about your workplace and activities
  • Funding necessary training and professional development
  • Giving authority to investigate incidents and recommend improvements
  • Supporting them to attend workplace areas and talk to employees

If you have multiple competent persons, you must ensure they cooperate and coordinate with each other.

  1. 1

    Assess your workplace risks

    Before deciding on competence needs, understand what hazards exist. A simple office with DSE and basic electrical equipment has different needs from a construction site or chemical store.

  2. 2

    Decide internal or external

    Can you develop competence internally? The law prefers this where possible. For low-risk workplaces, the employer often can be the competent person after completing HSE guidance.

  3. 3

    If internal - ensure adequate training

    For low-risk workplaces, complete HSE simple health and safety guidance. For higher risks, consider IOSH Managing Safely, NEBOSH General Certificate, or sector-specific qualifications.

  4. 4

    If external - check consultant competence

    Verify qualifications, professional body membership, sector experience, and insurance. Consider OSHCR-registered consultants for assurance.

  5. 5

    Provide information to competent person

    Give them access to information about your workplace, activities, hazards identified in risk assessments, and any enforcement history.

  6. 6

    Allocate adequate time and resources

    Health and safety duties need protected time. Ensure your competent person can fulfil their role properly, not just squeeze it into spare moments.

  7. 7

    Document the appointment

    Record who your competent person is and their competence basis. This demonstrates compliance if HSE inspects.

Common questions

Do I need a competent person if I have no employees?

The Regulation 7 duty applies to employers, so it does not apply if you have no employees. However, you still have general duties under the Health and Safety at Work Act 1974 to protect yourself and others affected by your work. Having access to competent advice is good practice.

Can my competent person be part-time or outsourced?

Yes. There is no requirement for a full-time health and safety person. Many small businesses use part-time internal arrangements or retain an external consultant. What matters is that competent assistance is available when needed.

Do I need a formal health and safety qualification?

Not necessarily. For low-risk workplaces, completing HSE guidance and understanding your specific hazards may be enough. Formal qualifications become more important as risk complexity increases. The test is whether you can "properly assist" with your specific workplace, not whether you hold particular certificates.

What if HSE inspects and questions my competent person arrangements?

Be prepared to explain who your competent person is, their relevant training and experience, and how they assist with health and safety. If you have assessed your risks as low and are handling competent person duties yourself, be ready to demonstrate you have adequate knowledge for your specific hazards.

Official guidance and resources