Various health and safety regulations, codes of practice, and
guidance notes make reference to “competence” or a “competent
person”, but what is this, and how do you know if a person is
competent? Is it just a question of looking clever and having a
particular certificate? The obligation to have competent persons
assisting employers in meeting their legal requirements has been
in existence for almost 70 years. As far back as 1938 in the
case of Wilson’s and Clyde Coal Co Ltd. v English, the judge
summed up employer’s duties at common law to include provision
of ‘competent and safety-conscious personnel’. The HSE has
stated “for a person to be competent, they need qualifications,
experience, and qualities appropriate to their duties”. These
include: - such training as would ensure acquisition of
necessary knowledge for the tasks they are required to perform -
adequate knowledge of the hazards and failures of the equipment
for which they are responsible - knowledge and understanding of
the working practices use