Appointing a Competent Person in Health and Safety: A Guide to Regulation 7 Requirements

Every employer has a legal duty to manage health and safety risks in the workplace. A key aspect of this in the UK is the requirement under the Management of Health and Safety at Work Regulations 1999 to appoint a competent person to provide health and safety assistance or advice.

Whether you run a small office, a manufacturing facility, a care organisation or a construction business, you must have access to competent health and safety advice to help meet your legal responsibilities.

One of the most common questions businesses ask is: What exactly is a competent person, and do I need one? In this article, we explain the legal requirements of Regulation 7, what a competent person does, and how outsourced support from AfterAthena can help organisations without in-house health and safety expertise.

What is a Competent Person in Health and Safety?

Regulation 7 of the Management of Health and Safety at Work Regulations 1999 requires employers to appoint a competent person or persons to assist them with compliance with their health and safety duties. This legal duty applies to businesses of all sizes, regardless of sector or employee numbers.

So, what does competence actually mean?

The Health and Safety Executive (HSE) explains competence as:

“The combination of training, skills, experience and knowledge that a person has and their ability to perform a task safely.“

A competent person helps an organisation identify hazards, assess risks, implement controls, maintain compliance and continuously improve health and safety performance.

Importantly, competence is not simply about holding a qualification. It is about having the practical ability to apply knowledge effectively within a specific workplace.

What Does Regulation 7 Require from Employers?

Employers must ensure:

• Competent assistance is available.
• Appointed persons have adequate knowledge and capability.
• Sufficient time and resources are provided for the role.
• Appropriate cooperation exists where more than one competent person is appointed.

It is important to note that appointing a competent person does not transfer legal responsibility.  You as the employer remain accountable for managing health and safety and complying with legal requirements. The competent person provides advice, guidance and support to help the employer fulfil those duties

Which Businesses Need a Competent Person?

A common misconception is that only large organisations require a competent person.

In reality, the legal duty applies to:

• Sole traders with employees
• Small businesses
• Medium-sized enterprises
• Large organisations
• Charities and not-for-profit organisations

The level of competence required will vary depending on the size, complexity and risk profile of the organisation. For example, the competence required in a low-risk environment is unlikely to be the same as that required on a construction site, manufacturing facility or engineering operation.

What Does a Competent Person Do?

A competent person supports an organisation across numerous areas of health and safety management. Although this is not an exhaustive list, it provides guidance on what competent persons can support.

Health and Safety Advice

A competent person provides practical advice on:

• Legal compliance
• HSE guidance
• Industry best practice
• Risk management
• Emerging regulatory changes

This support helps businesses make informed decisions and avoid costly compliance failures.

Risk Assessments

Competent persons assist with:

• Identifying hazards
• Evaluating risks
• Developing suitable control measures
• Reviewing existing assessments
• Ensuring assessments remain current

Risk assessments form the foundation of effective health and safety management.

Policies and Procedures

Competent advisers help create and maintain:

• Health and safety policies
• Safe systems of work
• Emergency procedures
• Contractor management arrangements
• Workplace inspection programmes

Good documentation should be practical, proportionate and tailored to the organisation.

Investigations and Incident Support

Following accidents or near misses, competent persons can assist with:

• Incident investigations
• Root cause analysis
• Corrective action planning
• RIDDOR reporting requirements
• Lessons learned reviews

Prompt support helps prevent recurrence and demonstrates effective management. Explore our incident investigation service for more details.

Training and Awareness

A competent person can help:

• Identify training requirements
• Review competency levels
• Deliver training programmes
• Promote a positive safety culture
• Improve employee awareness

Effective health and safety management relies on a competent workforce at all levels.

Who Can Be a Competent Person?

The competent person may be internal or external depending on the organisation’s circumstances.

Internal Competent Person

Some organisations nominate an existing employee.

Advantages include:

• Familiarity with the business
• Understanding of operational processes
• Immediate availability

However, limitations may include:

• Limited specialist knowledge
• Lack of time to perform the role effectively
• Difficulty keeping up with legislative changes
• Potential gaps in experience

External Competent Person

Many organisations choose to outsource competent person services.

Benefits include:

• Access to specialist expertise
• Independent professional advice
• Up-to-date regulatory knowledge
• Flexible support when needed
• Reduced training and recruitment costs

External support is particularly valuable for:

• SMEs
• Growing businesses
• Organisations without dedicated health and safety managers
• Businesses seeking accreditation

For many organisations, outsourcing represents a practical and cost-effective route to compliance.

What Qualifications Does a Competent Person Need?

There is no single qualification that automatically makes someone a competent person. Competence depends on a combination of:

• Training
• Experience
• Knowledge
• Understanding of workplace risks

Examples of recognised credentials may include:

• NEBOSH qualifications
• IOSH membership
• Industry-specific certifications
• Sector-specific operational experience

The HSE is clear that qualifications alone do not demonstrate competence. The individual must also be capable of applying their knowledge to identify hazards and implement effective controls. 

When selecting a competent person, employers should consider:

• Relevant experience
• Understanding of their industry
• Ability to provide practical advice
• Continuing professional development
• Knowledge of current legislation

Do Contractor Accreditation Schemes Require a Competent Person?

Many contractor accreditation schemes require evidence that a business has access to competent health and safety advice. Examples include:

• SSIP member schemes
• CHAS
• SMAS
• SafeContractor
• Constructionline

During accreditation assessments, organisations may be asked to demonstrate:

• Access to competent health and safety support
• Professional advice arrangements
• Risk management processes
• Health and safety management systems

Having documented arrangements with qualified advisers can strengthen applications and help demonstrate compliance.

The HSE recognises that organisations can appoint competent persons from outside their business where appropriate. 

For businesses without sufficient internal expertise, outsourced support can provide a practical solution. AfterAthena plays the role of competent person for many clients, including those looking to win more business by being an accredited contractor.

How AfterAthena Can Help

AfterAthena provides competent person services designed to give businesses confidence that expert advice is always available.

Our support includes:

• Ongoing health and safety advice
• Access to experienced consultants
• Compliance guidance
• Risk assessment support
• Health and safety policies and procedures
• Accident and incident assistance
• SSIP and contractor accreditation support
• Practical, business-focused recommendations

Rather than providing generic advice, we work closely with organisations to understand their operations and develop proportionate solutions that support compliance while remaining practical for day-to-day business activities.

Whether you require ongoing retained support or specialist assistance for a specific project, AfterAthena can act as your competent health and safety adviser.

Get in touch today via our form to speak with an expert.

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