Introduction to Health and Safety at Work

4.6.3 Competence
The word ‘competence’ is often used in health and 
safety literature. One defi nition, made during a civil case 
in 1962, stated that a competent person is:
a person with practical and theoretical know-
ledge as well as suffi cient experience of the 
particular machinery, plant or procedure 
involved to enable them to identify defects 
or weaknesses during plant and machinery 
examinations, and to assess their importance 
in relation to the strength and function of that 
plant and machinery.
This defi nition concentrates on a manufacturing rather 
than service industry requirement of a competent person.
Regulation 6 of the Management of Health and 
Safety at Work Regulations requires that ‘every employer 
shall employ 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’. 
In other words, competent persons are required to assist 
the employer in meeting his obligations under health and 
safety law. This may mean a health and safety adviser in 
addition to, say, an electrical engineer, an occupational 
nurse and a noise assessment specialist. The number 
and range of competent persons will depend on the 
nature of the business of the organization.
It is recommended that competent employees are 
used for advice on health and safety matters rather 
than external specialists (consultants). It is recognized, 
however, that if employees, competent in health and 
safety, are not available in the organization, then an 
external service may be enlisted to help. The key is that 
management and employees need access to health and 
safety expertise.
The regulations do not defi ne ‘competence’ but do 
offer advice to employers when appointing health and 
safety advisers who should have:
➤
a knowledge and understanding of the work 
involved, the principles of risk assessment and pre-
vention and current health and safety applications
➤
the capacity to apply this to the task required by the 
employer in the form of problem and solution identi-
fi cation, monitoring and evaluating the effectiveness 
of solutions and the promotion and communica-
tion of health and safety and welfare advances and 
practices.
Such competence does not necessarily depend on the 
possession of particular skills or qualifi cations. It may 
only be required to understand relevant current best 
practice, be aware of one’s own limitations in terms of 
experience and knowledge and be willing to supple-
ment existing experience and knowledge. However, in 
more complex or technical situations membership of 
a relevant professional body and/or the possession of 
an appropriate qualifi cation in health and safety may be 
necessary. It is important that any competent person 
employed to help with health and safety has evidence of 
relevant knowledge, skills and experience for the tasks 
involved. The appointment of a competent person as an 
adviser to an employer does not absolve the employer 
from his responsibilities under the Health and Safety at 
Work Act and other relevant statutory provision.
Finally, it is worth noting that the requirement to 
employ competent workers is not restricted to those 
having a health and safety function but covers the whole 
workforce.
Competent workers must have suffi cient training, 
experience, knowledge and other qualities to enable 
them to properly undertake the duties assigned to them.

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