Q & A - June 2009
June 25th 2009 I know that every organisation is required to appoint a competent person.What makes someone competent to take up this responsibility ?
Competence is a term used regularly in relation to the organisational arrangements for managing health and safety within a business. In particular Regulation 7 of the Management of Health and Safety at Work Regulations 1999, (MHSWR) places a specific duty on employers appointing one or more 'competent persons' to assist them in meeting their legal duties. This means the employer must appoint someone who is competent to provide sound advice on all matters of health and safety, whether they are an employee or a person external to a business.
The regulations, the supporting approved code of practice and guidance do not state any level of training, qualification and experience as necessary to fulfil the role, but it is imperative that they have a combination of all three.
The appointment of someone to take on the competent person role is probably the most significant step that an employer can take to manage health and safety effectively. Without this person, it is difficult to see how any organisation can manage and reduce their risks.
The consequences of failing to appoint a competent person are clear in the case of Basingstoke and Deane Borough Council and J. Sainsbury plc (1998). This resulted in fines of £425k and costs of £75k being awarded against Sainsbury's after an employee was killed in 1996 by a reach truck that had its cut-out switch deliberately disconnected. The charges included failure to appoint a competent person.
The person appointed as health and safety adviser at the depot was a general nurse with the National General Certificate from NEBOSH, which was considered by the court as an insufficient qualification to undertake this role unassisted. At company level there was a safety adviser, but his role did not extend to advising on the operational hazards associated with reach trucks at the depot.
The guidance note to the MHSWR recommends that employers check the health and safety qualifications of those they appoint, and suggests that this can be done through competence based questions accredited to the Qualifications and Curriculum Authority (QCA) and Scottish Qualifications Authority (SQA) The level of competence required will vary depending upon the activities carried out – a smaller organisation making explosives for example will need a higher level of competence than a sizeable office based risk.
National Vocational Standards in occupational health and safety assess competence in terms of ability to implement a health and safety management scheme. Level 3 standard is intended for those who are responsible for people at work, whilst level 4 standard is the level for health and safety practitioners who will undertake the role of 'competent person'.
The Health and Safety Executive recommends that employers seeking assistance from an external consultant should check whether the person holds the appropriate professional qualifications. In order to do this, employers need to know what qualifications are appropriate and how to check that a person has them – one option is to check the IOSH Register of Consultants.
All Aviva Risk Management Solutions' consultants who provide training for both Level 3, through the NEBOSH National General Certificate Course, and Level 4 through the NEBOSH National Diploma programme are corporate members of the Institution of Occupational Safety and Health.
David Dainty Health and safety consultant Aviva Risk Management Solutions (Formerly Norwich Union Risk Services)
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