Do I need a competent person if I have no in-house H&S expert?

Yes. Every UK employer must appoint a competent person to help them meet their legal health and safety requirements. If you don’t have someone with the necessary knowledge, experience, and sufficient training in-house, you can appoint an external health and safety consultant.

According to Regulation 7 of the Management of Health and Safety at Work Regulations 1999, you should appoint one or more competent persons to help you stay compliant and safeguard your workers. Many businesses choose to appoint an external consultant because they don't employ a dedicated health and safety professional.

What is a competent person?

A competent person is someone with the necessary skills, knowledge, experience, and training to help you meet your legal health and safety duties. Their guidance helps you comply with current health and safety legislation, apply good practice, and create a safer working environment.

Key duties include:

• Identifying and assessing workplace risks
• Recommending targeted controls
• Advising on legislative changes
• Tracking workplace accidents and illnesses
• Reviewing policies and procedures
• Liaising with safety regulators (HSE and local authorities)
• Supporting accident investigations
• Overseeing safety training

Who can act as a competent person?

The competent person can be the business owner, a suitably competent employee, or an external health and safety consultant. Whoever you appoint must have the knowledge, skills, sufficient training, and experience to assist you in meeting your health and safety responsibilities.

Many smaller employers appoint an external consultant because they don't have the necessary expertise in-house. However, if a business owner or staff member has the required competence, they can act as the competent person.

Importantly, appointing an external competent person doesn’t transfer your legal responsibilities. Even in an outsourced partnership, you remain liable for meeting your health and safety duties under UK law.

Does a competent person need any special qualifications?

Generally not. A competent person doesn't always need formal safety qualifications, but they must have the necessary skills, knowledge, training, and experience to effectively advise you on your health and safety responsibilities. Depending on your business and its risk profile, industry-specific certifications or professional memberships may also be appropriate.

The required level of competence depends on the nature of your work and the hazards involved. Your competent person should be able to demonstrate:

• Skills and knowledge. An up-to-date understanding of relevant legislation, workplace hazards, and control measures.
• Experience. Practical, hands-on experience of identifying and managing health and safety risks in a similar working environment.
• Training. Appropriate training on recognising hazards, assessing risks and recommending suitable control measures.

In a real-world scenario, a competent person supporting a high-risk construction, warehouse, or manufacturing firm would typically need more specialised knowledge and experience than someone advising a low-risk office-based business.

Can I be my own competent person?

Yes. As a business owner or sole trader, you can act as your own competent person if you have the required skills, knowledge, sufficient training, and experience to effectively fulfil the role. If you don’t, you should appoint a suitably competent employee or an external health and safety consultant.

Many employers choose to partner with an external provider because they don't need a full-time health and safety professional or don’t have the necessary competence in-house. Appointing an external competent person can help you concentrate on running your business while a safety specialist eases the demands and complexities of compliance management.

Whether you act as your own competent person, appoint an employee, or engage an external consultant, you remain legally responsible for meeting your legal health and safety requirements.

What happens if I don’t appoint a competent person?

Failing to appoint a competent person may mean your business does not comply with UK health and safety law. If the HSE or your local authority finds a safety breach, they may take enforcement action, issue financial penalties, or prosecute your organisation.

Under Regulation 7 of the Management of Health and Safety at Work Regulations 1999, every UK employer must appoint one or more competent persons to help them meet their legal health and safety duties.

Appointing a competent person helps ensure you have the knowledge and experience needed to manage health and safety effectively and remain compliant with current law. Without competent support, it may be more difficult to identify hazards, assess risks, and implement suitable control measures, which could increase the likelihood of workplace accidents and expose your business to regulatory scrutiny.

What should I look for in a health and safety consultant?

Your health and safety consultant should have the practical knowledge to support day-to-day compliance and the expertise to help you achieve your long-term safety goals. When comparing providers, consider:

• Relevant qualifications, industry accreditations, and sector experience.
• Flexible, scalable services to support your business as it grows.
• Ongoing, practical expertise with risk assessments, policies, training, accident investigations, and strategic planning.
• A named consultant who understands your business and provides proactive, tailored guidance.
• Clear communication and responsive support when issues arise.

With Opus Safety as your competent person, you get an experienced partner who’s contractually obliged to oversee safety and maintain compliance on your behalf. Founded by former health and safety inspectors and Environmental Health Officers, we know what triggers enforcement action. As your named competent person under UK law, we act as an extension of your team to identify risks, carry out regular compliance reviews, and recommend targeted control measures.

Your dedicated consultant also ‘does the doing’ by undertaking all document writing and design, carrying out regular compliance reviews, and delivering safety training. We also offer immediate, free-of-charge support in the event of a safety incident.

To learn more about the benefits of our competent person partnerships, visit our consultancy page. If you prefer to chat with one of our helpful consultants, reach out on 0330 043 4015 or email hello@opus-safety.co.uk.