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You must appoint one or more competent people to help you comply, and give them the time and means to do it. In a small, low-risk business that can be you. As you add people, sites or hazardous work, you may need a trained member of staff or outside specialist help.

Appointing a competent person

Regulation 7 of the Management of Health and Safety at Work Regulations 1999 sets the duty.

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 in undertaking measures needed to comply with health and safety law. Competence is not about formal qualifications - it depends on the complexity of workplace risks.

Legal requirement (Reg 7(1)): Every employer must appoint one or more competent persons to assist in undertaking measures needed to comply with health and safety requirements
Definition of competent (Reg 7(5)): A person is competent where they have sufficient training and experience or knowledge and other qualities to properly assist the employer
Internal preference (Reg 7(8)): Employers must give preference to appointing competent persons from among their own employees over external consultants
Number required: May need multiple competent persons depending on the size and complexity of the workplace and the nature of hazards present
No formal qualification requirement: The law does not require specific qualifications - competence depends on the complexity of risks in the particular workplace
Low-risk workplaces: In low-risk environments (e.g., small office), the employer may be the competent person themselves after basic health and safety awareness training
Higher-risk workplaces: Complex or higher-risk environments may require persons with formal qualifications such as IOSH Managing Safely, NEBOSH General Certificate, or Chartered Membership of IOSH (CMIOSH)
Resources requirement: Competent persons must be given adequate time and resources to fulfil their health and safety functions effectively

Key principle: Competence is relative to the level of risk. A small office with basic hazards has different competent person needs than a construction site or chemical plant. The test is whether the person can properly assist the employer in meeting their health and safety duties for that specific workplace.

HSE - Managing for health and safety (opens in a new tab)

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