When to Contact the Competent Person for Health & Safety Advice and Assistance

Iss 04 Oct 2009

This page provides guidance for clients on the steps to take, and when to contact Active Safety Associates under the Competent Person Scheme and Competent Person Support Scheme here

so that we can advise and help you manage your health and safety.  Please keep a copy for reference.

Keeping Active Safety Associates Informed.

So that we may properly assist you and help you fulfil the role of competent person it is essential that you keep us informed of significant proposed developments and occurrences within your organisation and the company’s activities. It is important to keep the Competent Person informed of the organisations activities, changes in the organisation, its activities and changes in risks. This is a legal requirement.

Please contact Active Safety Associates in the following circumstances:

• Where the current health and safety policy and arrangements or the current health and safety management system are inadequate to manage health and safety or they require an update.
• When a significant change in management, the management structure or a change in the organisation or change in responsibilities appears likely or occurs.
• When there is a proposed change in the business management systems.
• When a significant change in the business activities or an extra business stream occurs or is considered
• When there is a change in the health and safety hazards or risks created by the employers activities
• When risk assessments, procedures or method statements need to be prepared or reviewed.
• When there are any factors known to affect, or suspected of affecting, the health and safety of anyone created by the activities of the undertaking and which are not risk assessed or for which adequate control measures are not in place.
• To update the Competent Person of the companies general situation on a regular basis
• When new employees are engaged
• When it is intended to install or use new work equipment.
• When employees are required to work with new equipment
• When employees are required to undertake new work or work at a new location.
• When employees qualifications or training for their work or task is within 2 months of expiry
• When contractors are engaged or required to carry out work such as cleaning, maintenance etc
• When construction or building work is planned or undertaken.
• When any accident or incident occurs.
• When an HSE enforcement notice is served
• etc.

It is very important that the Competent Person is advised whenever these types of changes are planned so that they can most effectively provide assistance and help the client avoid issues that could have been avoided. The client must provide all relevant information with respect to the circumstances so that the correct advice can be given

Please click on the link for information on the Competent Person Scheme

Attached is an extract from the Management of Health and Safety at Work Regulations on the requirements relating to the need for competent health and safety assistance (advice) and the Employers duties to provide information to the Competent Person and keep them informed of relevant significant changes and health and safety issues within the organisation.

Extract from the Management of Health and Safety at Work Regulations on competent health and safety assistance

Regulation 7 - Health and safety assistance

7. (1) Every employer shall, subject to paragraphs (6) and (7), appoint one or more competent persons to assist him in undertaking the measures he needs to take to comply with the requirements and prohibitions imposed upon him by or under the relevant statutory provisions and by Part II of the Fire Precautions (Workplace) Regulations 1997.

(2) Where an employer appoints persons in accordance with paragraph (1), he shall make arrangements for ensuring adequate co-operation between them.

(3) The employer shall ensure that the number of persons appointed under paragraph (1), the time available for them to fulfil their functions and the means at their disposal are adequate having regard to the size of his undertaking, the risks to which his employees are exposed and the distribution of those risks throughout the undertaking.

(4) The employer shall ensure that—

(a) any person appointed by him in accordance with paragraph (1) who is not in his employment—

(i) is informed of the factors known by him to affect, or suspected by him of affecting, the health and safety of any other person who may be affected by the conduct of his undertaking, and

(ii) has access to the information referred to in regulation 10; and

(b) any person appointed by him in accordance with paragraph (1) is given such information about any person working in his undertaking who is—

(i) employed by him under a fixed-term contract of employment, or

(ii) employed in an employment business, as is necessary to enable that person properly to carry out the function specified in that paragraph.

(5) A person shall be regarded as competent for the purposes of paragraphs (1) and (8) where he has sufficient training and experience or knowledge and other qualities to enable him properly to assist in undertaking the measures referred to in paragraph (1).

(6) Paragraph (1) shall not apply to a self-employed employer who is not in partnership with any other person where he has sufficient training and experience or knowledge and other qualities properly to undertake the measures referred to in that paragraph himself.

(7) Paragraph (1) shall not apply to individuals who are employers and who are together carrying on business in partnership where at least one of the individuals concerned has sufficient training and experience or knowledge and other qualities—

(a) properly to undertake the measures he needs to take to comply with the requirements and prohibitions imposed upon him by or under the relevant statutory provisions; and

(b) properly to assist his fellow partners in undertaking the measures they need to take to comply with the requirements and prohibitions imposed upon them by or under the relevant statutory provisions.

(8) Where there is a competent person in the employer’s employment, that person shall be appointed for the purposes of paragraph (1) in preference to a competent person not in his employment.

Please click on the link for information on the Competent Person Scheme