Legal Requirements

The Management of Health and Safety at Work Regulations 1999 and associated guidance do not stipulate specific thresholds for training, qualifications, or experience. Consequently, the interpretation of "competence" varies significantly among employers and even within organizations. However, it generally refers to individuals possessing adequate training, experience, knowledge, and requisite personal qualities to ensure compliance with health and safety legislation

Consultants or in-house expertise?

The presence of true self-regulatory independence is compromised when the individual conducting risk assessments is employed by the regulated organization. The definition of a "competent" person varies based on industry, impacting the selection of Directors, Managers, and other roles within the organizational hierarchy. Even seemingly low-risk office settings may necessitate a competent person, such as in the case of a water-cooling tower vulnerable to legionella bacteria growth. Specific industries with heightened risks, like those involving radiation protection or lifting operations, mandate particular competent person qualifications. Arinite Health and Safety advisors possess industry-specific expertise, ensuring their competence to provide relevant advice

Competence Of Senior Management

Increased scrutiny from stakeholders and regulatory authorities is prompting a closer examination of the roles and personal accountability of Chief Executive Officers, Directors, Governors, Trustees, and Board members, including their chairpersons. Companies embracing corporate social responsibility should proactively incorporate social and environmental considerations into their business practices and interactions with external stakeholders, such as banks, shareholders, and local communities. This not only safeguards against legal repercussions at the individual level but also enhances overall business performance. Competence at the Chief Executive and Board levels entails recognizing organizational risks and allocating necessary resources to mitigate them effectively. These resources encompass training, financial support, and investments in safer processes. Therefore, providing training for Chief Executives, Directors, Trustees, Governors, and Board members—whether executive or not—is crucial for fostering senior management competence.

Health and Safety Competence

The HSE has provided extensive guidance through its online document, 'Outline map on competence, training, and certification,' addressing inquiries from various organizations seeking clarity on the concept of a "competent person." Although some sections may need revisions, this resource serves as a valuable benchmark for organizations to assess their own competent persons.

The HSE guidance has four main headings:

• General health & safety.
• Health hazards.
• Safety hazards.
• Specific hazards.
• The expertise of Arinite’s Health & Safety advisors enables them to act as one of your Health and Safety “competent person” to ensure that you fully meet the legal requirements.-make differently with same meaning.