What Every Small Business Must Know About Competent Person Requirements (UK)

What Every Small Business Must Know About Competent Person Requirements (UK)

Introduction

Many small businesses are surprised to learn that UK law requires every employer — no matter how small — to appoint a Competent Person for health and safety. It’s one of the most misunderstood legal duties, and it’s often the reason businesses fall out of compliance without realising it.

This guide explains what the Competent Person role is, who can take it on, and how small businesses can meet the requirement without unnecessary cost or complexity.

What Is a Competent Person?

A Competent Person is someone who has the knowledge, training, and experience to help you meet your health and safety duties.

This requirement comes from the Management of Health and Safety at Work Regulations 1999, which state that every employer must appoint one or more Competent Persons to assist with compliance.

In simple terms: 👉 You must have someone who knows what they’re doing when it comes to health and safety.

Why Every Business Needs a Competent Person

The Competent Person is responsible for helping you:

• Identify hazards

• Carry out risk assessments

• Implement control measures

• Keep policies up to date

• Investigate incidents

• Ensure training is appropriate

• Stay compliant with UK law

Without a Competent Person, you cannot meet your legal duties — even if you have only one or two employees.

Who Can Be a Competent Person?

The law gives you flexibility, but the person must be genuinely competent.

Option 1: Someone within your business

This could be:

• A manager

• A supervisor

• A business owner

• A trained employee

They must have the right knowledge, training, and experience — not just a title.

Option 2: An external Competent Person

Many small businesses choose to appoint an external consultant because:

• They don’t have in‑house expertise

• They want professional support

• They need help with audits, risk assessments, or policies

• They want peace of mind

• It’s more cost‑effective than training someone internally

This is fully compliant and very common.

What Makes Someone “Competent”?

Competence is based on:

• Training (formal qualifications, courses, CPD)

• Experience (real‑world application)

• Knowledge (understanding of hazards, regulations, and controls)

• Skills (ability to assess risks and implement solutions)

For higher‑risk industries, competence must be stronger.

For example, a Chartered IOSH consultant with 20+ years of experience is considered highly competent for most sectors.

What Does a Competent Person Actually Do?

Typical responsibilities include:

• Completing or reviewing risk assessments

• Advising on safe systems of work

• Helping develop policies and procedures

• Supporting incident investigations

• Ensuring training is suitable and recorded

• Monitoring compliance

• Advising on legal changes

• Supporting audits and inspections

They act as your health and safety advisor.

Common Mistakes Small Businesses Make

These issues come up frequently:

• Assuming the Competent Person must be internal

• Assigning the role to someone with no training

• Thinking a generic policy template is enough

• Not reviewing risk assessments

• Only seeking help after an incident

• Believing “low risk” means “no need for support”

Compliance requires competence, not guesswork.

Benefits of Using an External Competent Person

For many small businesses, outsourcing is the simplest and safest option.

Benefits include:

• Immediate access to expertise

• No need for expensive training

• Reduced risk of non‑compliance

• Professional documentation

• Support during audits or inspections

• Peace of mind

• Cost‑effective monthly support options

It’s especially valuable for businesses without dedicated H&S staff.

How I Support Businesses as a Competent Person

As a Chartered IOSH (CMIOSH) consultant and Lead Auditor, I provide Competent Person services for small and medium‑sized businesses across the UK.

Support includes:

• Acting as your named Competent Person

• Risk assessments

• Health & safety audits

• Policies and management systems

• Incident investigation

• Training and coaching

• ISO 45001, ISO 14001, ISO 50001 support

My approach is practical, proportionate, and tailored to real‑world environments.

Book a Free 20‑Minute Consultation

If you’re unsure whether you meet the Competent Person requirement, I can review your current setup and outline the best next steps.

Phone: 07395 005001 Email: wkbsafety@gmail.com Based in Gillingham, Dorset — supporting businesses across the UK