WHAT CONSTITUTES A COMPETENT PERSON?

A competent person possesses adequate training, experience, knowledge, and other qualities enabling them to provide effective assistance. The level of competence required varies based on the complexity of the situation and the specific assistance needed.

In supporting an organization, a competent person ensures compliance with health and safety laws and takes reasonable measures to prevent harm to individuals. This may involve one or more individuals capable of identifying health and safety risks pertinent to the organization and devising practical and proportionate solutions.

The concept of a competent person is defined in Regulation 7 of the Management of Health and Safety at Work Regulations 1999. This regulation stipulates that “every employer shall, subject to paragraphs (6) and (7), 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 and by Part II of the Fire Precautions (Workplace) Regulations 1997.”

Is it necessary to appoint a competent person?
Every organisation must have access to assistance from one or more competent persons to fulfill the obligations of health and safety law. This requirement is explicitly stated in Regulation 7 of The Management of Health and Safety at Work Regulations 1999.

The obligation to designate competent person(s) to support your organization applies to all employers, regardless of size or industry. Whether your organization employs one individual or thousands, operates in a low-risk office setting, a high-risk manufacturing environment, or functions as a charity, it is mandatory to appoint at least one suitable individual for this role.

Failure to designate competent person(s) can result in prosecution for breaching the Management of Health and Safety at Work Regulations, leading to regulatory intervention, fines, or in extreme cases, imprisonment due to severe consequences resulting from breaches.

Wooltown Safety Services offers to serve as the designated competent person for your business. We ensure thorough evaluation of your organization’s needs and requirements, providing expert advice and ongoing support throughout the process.

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