The Competent Person in Construction: More Than a Certificate

In UK construction, appointing a competent person is a legal requirement. However, this is often misunderstood and seen simply as holding a certificate. Most construction sites record qualifications like CSCS cards, NEBOSH certificates, and SMSTS awards. These are important, but by themselves, do not prove competence. Competence is the intersection of knowledge, experience and judgement. It is the ability to apply training in real working environments where conditions change daily, and decisions carry serious consequences.

What the Law Actually Requires

Under the Management of Health and Safety at Work Regulations 1999, every employer must appoint one or more competent persons to assist in meeting their legal duties. The wording is deliberate. A competent person must have:

• Sufficient training
• Relevant experience
• Appropriate knowledge
• Other qualities necessary to perform the role

The regulation is outcome-focused. It does not require a particular certificate. It requires capability. A qualification does not guarantee the experience needed to apply knowledge on-site. Recognising this distinction is essential.

What Competence Looks Like in Practice

True competence in construction health and safety combines four essential elements:

• Formal qualifications
• Practical site experience
• Knowledge of current legislation and industry standards
• The professional confidence to challenge unsafe behaviour

Often overlooked, the final element is crucial. The willingness to question unsafe decisions, even if that means challenging senior managers or clients, defines professional courage, an essential part of competence. For senior professionals, achieving a Level 7 NVQ Diploma in Construction Senior Management provides formal recognition of strategic competence and leadership capability.

Understanding when a competent person is necessary helps ensure legal and practical coverage across operations.

In construction, competent support is required across a wide range of activities, including:

• Developing and reviewing risk assessments
• Preparing Construction Phase Plans under CDM 2015
• Conducting site inspections and safety audits
• Investigating accidents and near misses
• Reviewing subcontractor documentation
• Advising directors on compliance obligations

For many small and medium contractors, seeking external competent advice is often more practical than hiring a full-time specialist. Support providers must understand both legislation and site operations.

The CDM 2015 Dimension

CDM 2015 strengthened competence requirements across the entire supply chain. Clients, designers, principal contractors and subcontractors must ensure that those they appoint have the skills, knowledge and experience appropriate to the role. Active verification of competence is necessary. Reviewing a CV alone does not suffice to assess suitability. Inadequate assessment of competence remains a common and avoidable compliance issue in the UK construction industry.

Beyond Compliance: The Commercial Case

There is a tendency to treat competent health and safety support as a compliance cost. This view is commercially short-sighted. Contractors who invest in genuine competence consistently demonstrate:

• Stronger tender performance
• Improved audit outcomes
• Reduced incident rates
• Greater workforce confidence
• Enhanced client trust

Well-managed sites are more likely to secure repeat business. Maintaining professional standards enhances organisational reputation. Competence should be viewed as a competitive advantage rather than an administrative burden.

Supporting Directors and Senior Leaders

Directors and senior managers are personally responsible for health and safety performance within their organisations. In serious cases, enforcement action may include individual prosecution. A competent health and safety adviser supports senior leadership by:

• Interpreting legal obligations
• Identifying governance gaps
• Strengthening management systems
• Providing strategic oversight

This level of support protects both the organisation and those at its top.

Building Long-Term Capability

External expertise matters, but competence should be embedded at every level. The most resilient organisations prioritise this throughout operations. This includes:

• Developing supervisors
• Investing in accredited training
• Delivering meaningful toolbox talks
• Encouraging open reporting of concerns
• Supporting continuous professional development

Competence is an ongoing process, qualificationsare the answer, but they offer you the best vehicle to greater authority and evaluation.