Competent health and safety assistance
The requirement on employers to appoint one or more competent persons to assist in undertaking the measures needed to comply with health and safety law. The appointed person may be internal or external.
Also known as
By jurisdiction
UK HSE
“competent health and safety assistance”Exact equivalentRegulation 7 of MHSWR 1999 requires every employer to appoint one or more competent persons to assist in undertaking the measures needed to comply with the requirements and prohibitions imposed on the employer by or under the relevant statutory provisions. Competence requires sufficient training and experience or knowledge and other qualities. The employer must prefer an internal appointment before looking outside the undertaking.
Irish HSA
“competent person (assistance)”Close equivalentSection 18 of the Safety, Health and Welfare at Work Act 2005 requires every employer to have access to a competent person for the purpose of ensuring compliance with the relevant statutory provisions. The employer must take account of the size of the undertaking, the hazards to which employees are exposed, and the distribution of those hazards.
US OSHA
“competent person requirement”No equivalentNo equivalent in this jurisdiction.
Practitioner note: Appointing a consultant does not transfer the duty. The employer remains responsible and the appointee assists. Internal appointment is preferred where the knowledge already exists.