What does a “competent person” do, and does your business need one?

Last reviewed: October 2026 · Written by Chris Clark, chartered health and safety professional, 3Sixty Health & Safety

“Who is your competent person?” It’s a question that comes up in tenders, client questionnaires, insurance renewals and, sometimes, an HSE visit. Many business owners aren’t sure what it means, or whether they already have one. Here’s a plain-English guide.

The short answer

Yes, every employer needs one. The law says you must appoint one or more competent people to help you meet your health and safety duties. That person can be you, someone who works for you, or an outside adviser. What matters is that they genuinely have the skills to help you get it right.

What the law says

The duty comes from regulation 7 of the Management of Health and Safety at Work Regulations 1999. It requires every employer to “appoint one or more competent persons to assist him in undertaking the measures he needs to take to comply with” health and safety law.

The regulations define competence as having “sufficient training and experience or knowledge and other qualities” to help properly. There’s also a preference in the law: if you have a suitable competent person on your staff, you should appoint them ahead of someone from outside.

What a competent person actually does

A competent person isn’t there to do everything for you. The legal responsibility stays with you as the employer. Their job is to help you manage health and safety properly. In practice that usually means:

  • helping you identify the hazards in your work and carry out suitable risk assessments
  • writing or reviewing your health and safety policy and procedures
  • advising on fire safety, COSHH, manual handling, work equipment and other specific risks
  • checking that controls are working through inspections and audits
  • advising on training, so your people know how to work safely
  • helping when something goes wrong, from accident investigation and RIDDOR reporting to an HSE visit
  • keeping you up to date when the law or guidance changes

Can I do it myself?

In a small, low-risk business, the owner or a manager can often take on the role, as long as they have the knowledge and time to do it properly. HSE’s guidance for small businesses makes this clear.

It becomes harder when your work involves higher risks, such as construction, rail, machinery, hazardous substances or work at height. The same applies if you’re growing quickly or your clients expect formal evidence of competent advice. At that point, most businesses either train someone internally or bring in an external adviser.

In-house or external?

There’s no single right answer. Some businesses have a trained member of staff who handles day-to-day health and safety, backed by an external consultant for specialist advice. Others rely entirely on an external adviser on a retained basis.

External support tends to make sense when:

  • nobody in the business has health and safety training or experience
  • clients, principal contractors or accreditation schemes ask who provides your competent advice
  • your work carries significant risk, or you’re moving into new kinds of work
  • you’ve had an accident, near miss or enforcement visit and want things put on a proper footing

How to choose a competent adviser

If you’re appointing someone from outside, check:

  • Qualifications and professional standing. Chartered membership of IOSH (CMIOSH) shows a recognised professional level. The Occupational Safety and Health Consultants Register (OSHCR) lists consultants who meet professional standards.
  • Relevant experience. Someone who has worked in your sector will understand how the work is really done, not just the regulations.
  • A proportionate approach. Good advice fits the size and risk of your business. Be wary of anyone selling you a thick manual nobody will read.
  • Availability. A competent person is only useful if you can reach them when you need them.

Also this month

New harassment duties from 30 October 2026

Under the Employment Rights Act 2025, employers must now take “all reasonable steps” to prevent sexual harassment of their workers, up from “reasonable steps”. Employers also become liable for harassment of their workers by third parties such as customers, clients and contractors. This covers every protected characteristic under the Equality Act 2010, not just sex. Now is a good time to review your harassment risk assessment, policy and manager training, and to keep a record of what you’ve done.

Digital waste tracking becomes mandatory for receiving sites

From October 2026, operators of permitted sites that receive waste in England, Wales and Northern Ireland must use the government’s new digital waste tracking service. Scotland follows in January 2027. Waste carriers, brokers and dealers are expected to follow from October 2027. If you run a site or yard that receives waste, check you’re registered.

Machinery guarding in the spotlight

Several recent HSE prosecutions involved workers injured by unguarded conveyors and moving machinery, with fines running into hundreds of thousands of pounds. If you use machinery, now is a good time to check that guards are in place, interlocks work and your maintenance and isolation procedures are followed.

Need a competent person?

3Sixty provides retained health and safety support, so a named chartered consultant becomes your competent person. Find out how retained support works, or book a free review to talk through what your business needs.

Sources

Case Studies

Useful Tools

3 Sixty Health and Safety
© 2026 3Sixty Health & Safety