Selecting a competent Health and Safety Advisor

The Legal Requirements

Management of Health & Safety at Work Regulations 1999 (MHSWR), Regulations 7 and 8. These Regulations require employers to appoint competent persons to assist them in meeting their legal obligations for health, safety and welfare of employees (and anyone else who may be affected by the employer’s activities). They need competent persons in a number of specific capacities.

The Approved Code of Practice (ACoP) gives more detail including stating that employers are solely responsible for ensuring staff appointed are competent and are given adequate information and support. It also says that the employer needs to know and understand the work involved, the principles of risk assessment and prevention, and current health & safety standards and legislation. The employer must ensure that anyone they appoint is capable of applying these things to whatever task they are assigned

THE HEALTH AND SAFETY DEFINITION OF A COMPETENT PERSON
Dictionary definition − someone with the ability to do something successfully or efficiently.

HSE - A competent person is someone who has sufficient training and experience or knowledge and other qualities that allow them to assist you properly.

WHAT IS A COMPETENT PERSON ?
Put simply, a competent person helps an organisation to comply with health and safety law and take all reasonable steps to keep people from harm.

This will be one or more persons who have the ability to recognise the health and safety risks associated with your organisation and identify sensible and proportionate solutions.

DO I NEED TO APPOINT A COMPETENT PERSON ?
Every organisation must have access to help from one or more competent persons to enable it to meet the requirements of health and safety law.

The requirement to have a competent person(s) to support your organisation applies to all employers, regardless of size or sector. Whether you employ one person or several thousand, whether you’re a low-risk office-based business, a high-risk manufacturing business or a charity, you must appoint at least one suitable individual to take on this role.

WHO CAN TAKE ON THE ROLE ?
Your competent person(s) must be capable of identifying existing and predictable hazards in the surroundings or working conditions and have authorisation to take prompt corrective measures to eliminate them.

CAN I APPOINT SOMEBODY WHO DOESN’T WORK HERE ?
Yes. The HSE explains that if you’re not confident in your ability to manage your health and safety responsibilities in-house, or if you are a higher-risk business, you can appoint an external professional as a source of competent health and safety advice.

THE JOURNEY TO COMPETENCY WITH THE INSTITUTE OF OCCUPATIONAL SAFETY & HEALTH
Yes. The HSE explains that if you’re not confident in your ability to manage your health and safety responsibilities in-house, or if you are a higher-risk business, you can appoint an external professional as a source of competent health and safety advice.

HSE RECOGNISED HEALTH AND SAFETY CONSULTANTS
The Occupational Safety and Health Consultants Register (OSHCR) is a register of consultants who can offer advice to UK businesses to help them manage health and safety risks.

It’s a register of consultants who:

• are certified professionals with a status recognised by their professional body,
• have valid insurance,
• are up-to-date on the latest standards and developments.

INCOMPETENT ADVICE WILL COST YOU MONEY
If you use an incompetent consultant it will cost you. Recently a company in Cambridge used an unqualified consultant to carry out risk assessments for their painting works, the consultant failed to identify and recommend control measures on a number of hazards which resulted in staff becoming ill. The result was the company had to pay fines of almost £12,000. The consultant was also fined.