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Regulation 7 of the Management of Health and Safety at Work Regulations 1999 requires every employer to appoint one or more competent persons to help them meet their health and safety duties. The same idea runs through dozens of other regulations, where specific checks must be done by a competent person.
What does competent mean?
The regulations say a person is competent if they have sufficient training and experience or knowledge and other qualities to properly assist the employer. In other words, someone who knows enough about the work and the risks to recognise what could go wrong and what to do about it. The level of competence needed depends on the risks: a low risk office needs less specialist knowledge than a chemical plant.
The SKATE model
| Letter | Meaning | Ask |
|---|---|---|
| S | Skills | Can they do the task in practice? |
| K | Knowledge | Do they understand the law, the hazards and the controls? |
| A | Attitude | Will they take it seriously and speak up? |
| T | Training | Do they have relevant, current training and qualifications? |
| E | Experience | Have they done similar work before? |
In-house or external?
The Management Regulations say that where a competent person is available among your own employees, they should be appointed in preference to someone external. Many small businesses can manage with the owner or a trained manager, using external advice for specialist areas. Larger or higher risk organisations usually employ qualified health and safety advisors. If you use an external consultant, check their qualifications and IOSH membership.
Competent persons for specific checks
| Check | Regulations | Our guide |
|---|---|---|
| Thorough examination of lifting equipment | LOLER 1998 | LOLER |
| Inspection of scaffolds and work platforms | Work at Height Regulations 2005 | Scaffold tags |
| Inspection of excavations | CDM 2015 | Excavation safety |
| Inspection of work equipment | PUWER 1998 | PUWER |
| Temporary works design and checking | CDM 2015 and BS 5975 | Temporary works |
| Fire risk assessment | Fire Safety Order 2005 | Fire Safety Order |
| Asbestos surveys | Control of Asbestos Regulations 2012 | Asbestos regulations |
Competence is more than a certificate
A card or certificate shows someone has been trained, but not necessarily that they can apply it. Check experience, ask questions, watch them work and review their output. Competence also has to be kept up, through refresher training and CPD, especially when the law or the work changes.
Training that helps
For the person appointed to advise a business, the NEBOSH National General Certificate is the most widely recognised qualification, and the Level 3 NVQ in Occupational Health and Safety assesses competence in the workplace. For senior practitioners, the Level 6 NVQ leads towards Chartered status. Managers can start with IOSH Managing Safely. See our health and safety career path guide for the full picture.
Frequently asked questions
What is the legal definition of a competent person?
Someone with sufficient training and experience or knowledge and other qualities to properly assist the employer in meeting their health and safety duties.
Do all businesses need a competent person?
Yes. Regulation 7 of the Management Regulations requires every employer to appoint one or more, although in a small low risk business this can be the owner.
Does a competent person need a qualification?
Not always by law, but qualifications such as the NEBOSH General Certificate are a strong way to show knowledge, especially in higher risk work.
What does SKATE stand for?
Skills, knowledge, attitude, training and experience.
Read the source
The Management of Health and Safety at Work Regulations 1999, regulation 7; HSE guidance on getting competent advice; and the specific inspection duties in LOLER 1998, PUWER 1998, the Work at Height Regulations 2005 and CDM 2015. Facts checked on 6 October 2026.
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