What is competence and who is your competent person?
Definition of Competence
The Health and Safety Executive (HSE) define competence as “the combination of training, skills, experience and knowledge that a person has and their ability to apply them to perform a task safely”. They also note that other factors, such as attitude and physical ability, can also affect someone’s competence.
Therefore competence refers to an individual’s ability to perform tasks safely and effectively, based on their combination of knowledge, skills, training, and experience. A competent person is capable of identifying potential hazards, understanding the associated risks, and implementing appropriate control measures to prevent harm to themselves and others in the workplace.
Taking each in turn:
1. Knowledge: Understanding relevant laws, regulations, and safety standards, as well as being aware of potential hazards and their impact.
2. Skills: Practical abilities to apply safety procedures, conduct risk assessments, and respond to emergencies.
3. Training: Formal and informal education that equips individuals to handle safety responsibilities appropriately.
4. Experience: Practical exposure that enhances judgment and problem-solving in real-world scenarios.
5. Attitude: A proactive mindset towards maintaining safety and compliance.
Someone’s level of competence only needs to be proportionate to their job and place of work. For example, the health and safety competence required to work in an office would be different to a construction site.
A range of HSE guidance, including information that will help you to understand the competence required to work in specific industries or work environments, can be found here –https://www.hse.gov.uk/competence/industry-specific-competence.htm
Who can be a Competent Person?
As an employer, you must appoint a ‘competent person’ to help you meet your health and safety duties. In general terms, the definition of a competent person is someone who has the necessary skills, experience and knowledge to manage health and safety. The HSE website offers guidance on how to decide on your competent person – https://www.hse.gov.uk/simple-health-safety/gettinghelp/index.htm
What does the legislation say?
The Management of Health and Safety at Work Regulations 1999 Section 7 states “Every employer shall ….. appoint one or more competent persons to assist him in undertaking the measures he needs to take to comply with the requirements and prohibitions imposed upon him by or under the relevant statutory provisions”
So, Who can be a Competent Person?
• You
• One of your workers
• Someone from outside your business (e.g. a H&S Consultant)
Often, managing Health and safety needn’t be complicated, and you or one of your workers (people who understand your organisation and risks your operations pose) can be the competent person. If there’s a competent person within your workforce, the HSE advise you use them rather than a competent person from outside your business.
If your operations are high risk or your organisation does not have the competence internally, then you can appoint and outside party. As the employer, the appointment of an outside party does not remove your legal obligations to manage Health and safety in your workplace.
What does the Competent Person do?
They recognise hazards in your business and help you put sensible controls in place to protect workers and others from harm. They will understand the legal requirements for Health and Safety within their specific sector, and ensure the controls put in place provide a compliant workplace.
Why is a Competent Person so Important?
There are a number of reasons why the competent person’s role is important:
• Legislation – You have a legal duty to appoint one or more competent people
• Management of Risk – A competent person can help a company manage risks effectively. They can identify potential hazards, assess risks, and implement measures to control or eliminate them. This can help to reduce accidents and injuries, and protect employees, customers, and other stakeholders.
• Compliance – A competent person can help a company to comply with relevant regulations and standards. This can help to avoid fines, legal action, and damage to the company’s reputation.
• Efficiency – A competent person can help an organisation to improve its operational efficiency and productivity. They can identify opportunities for risk mitigation, process improvements, cost reductions, and other efficiencies that can benefit the organisation.
The health and safety of your staff is important and must form an integral part of your operations from both a regulatory and operational perspective. Employers should appoint the correct competent person(s) in order to do this and provide them with the time and resources to undertake the role.
How can EffectiveHRM Help?
A standard Health and Safety Policy is likely to name People with Health and Safety responsibility in upwards of 25 different areas of policy with varying levels of responsibility and obligation. It is unlikely to be 25 different people, however each person named should be competent to undertake the task or have the responsibility for the area noted.
EffectiveHRM act as the ‘competent person’ for the majority of our clients, our role typically as follows:
• Monitor legislation, codes of practice, guidance notes and safe working practices relevant to the company and advise on measures needed to achieve compliance.
• Liaise with the Health and Safety Executive and other regulatory bodies.
• Support the identification of Health and Safety training needs for managers and workers and arrange training to meet these needs on request.
• Support for development of health and safety management systems
• Support for risk assessment development and implementation
• Support and facilitation for incident investigation
If you feel you need to understand your teams’ competencies better, or feel that you need the support of a ‘competent person’ to manage your Health and Safety, please get in touch