Is a Health and Safety Competent Person a legal requirement?
Yes — appointing a competent person to help manage health and safety is a legal requirement for virtually all businesses operating in the UK. This obligation is established under Regulation 7 of the Management of Health and Safety at Work Regulations 1999, and it applies regardless of the size of your business or the industry you operate in.
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The regulation states that every employer must appoint one or more competent persons to assist them in undertaking the measures they need to comply with health and safety law. It is not optional, and it is not something that only larger businesses need to worry about. Whether you have two employees or ten thousand, the requirement applies to you.
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Many business owners are genuinely surprised to discover this. Health and safety legislation can seem impenetrable at times, and the competent person requirement is one of those obligations that often flies under the radar — until something goes wrong. The Health and Safety Executive (HSE) takes a dim view of employers who cannot demonstrate that they have appropriate health and safety support in place, and the absence of a competent person can be a significant aggravating factor in any enforcement action or prosecution. LESH deals with many companies who contact us after a HSE visit, and are then struggling to make rapid improvements in a short timeframe, so its always better to be proactive.
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It is worth noting that the regulations explicitly acknowledge that it is entirely acceptable to appoint an external consultant where the business does not have sufficient in-house expertise. For most small and medium-sized businesses, appointing an external consultancy is not only acceptable — it is often the most practical and cost-effective solution.
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The key thing the HSE will look for is that you have made a genuine and considered appointment. The person or organisation you appoint must have the knowledge, skills and experience appropriate to the risks your business faces. Simply naming someone as 'competent' on paper without ensuring they actually have the required expertise will not satisfy the legal requirement.
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If you are unsure whether your current arrangements meet the legal standard, or if you do not currently have a competent person in place, LESH can help. We can step in as your appointed competent person immediately, giving you the legal compliance and practical support your business needs.
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We offer a range of health and safety Competent Person packages.
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