The competent person rule: what Regulation 7 actually requires

If you run a manufacturing or industrial business, someone has probably told you that you need a competent person for health and safety. It sounds like jargon, but it comes straight from the law, and getting it wrong can leave you exposed at an insurance renewal or an HSE visit.

The rule sits in Regulation 7 of the Management of Health and Safety at Work Regulations 1999. Here is what it actually says, and what it means for a smaller business that does not have a safety expert on the payroll.

What Regulation 7 says

Regulation 7 requires every employer to appoint one or more competent persons to help them meet their health and safety duties. In plain terms, you need access to someone who knows enough to keep you on the right side of the law and to make your workplace safer.

The regulation also says something people often miss. Where you have someone in-house who is competent, you should use them before you bring in an outside consultant. The law prefers internal knowledge, because the people who work in your building understand it better than any visitor can.

What counts as competent

There is no single certificate that makes someone competent. The regulation describes competence as having enough training, knowledge and experience to do the job in front of them. A person can be competent to handle office risks but out of their depth with machinery, COSHH or working at height.

That is why competence is judged against your actual risks, not a general standard. A food producer and a metal fabricator need different knowledge, even though both need a competent person.

Appointing someone in-house

Plenty of SMEs give the safety role to a manager who already has a full-time job. That can work, as long as they have the time, the training and the authority to act. Problems start when the role is handed over with no support, and the person is expected to pick it up on the side of their day.

If you go this way, be honest about the gaps. Send them on the right training, give them time in the diary, and make sure they can raise a problem without it being brushed aside.

What the role involves day to day

A competent person does more than write policies. They help you assess risks, keep your procedures current, look into accidents and near misses, and get you ready for audits or inspections. They also turn the law into something your supervisors can act on, so safety does not live in a binder nobody opens.

The best arrangements are steady rather than reactive. Someone who checks in regularly spots small problems before they grow, which is cheaper and calmer than firefighting after something has already gone wrong.

When to bring in outside help

For many businesses, keeping that level of expertise in-house is not practical. This is where a retained competent person service comes in. You get access to qualified advice when you need it, without the cost of a full-time hire.

Outside support is useful when your risks are complex, when you are going for ISO 45001, or when an incident or an HSE notice means you need to get on top of things quickly. The point is not to replace your team, but to give them someone to lean on.

Not sure whether your current arrangement would stand up to scrutiny? Our free self-assessment checklists are a quick way to see where the gaps are. If you would rather talk it through, book a stress-free chat and we will give you a straight answer.