What really happens when nobody owns health and safety

If you haven’t formally appointed a competent person for health and safety, you’re not compliant with the law.

That applies to every employer in the UK, regardless of size or sector.

Unfortunately, it’s a bit of a “you don’t know what you don’t know” situation. Many business owners simply aren’t aware that they need a competent person and that there are rules around who that person can and can’t be.

Let’s look at it in more detail.

What the law requires of you

Regulation 7 of the Management of Health and Safety at Work Regulations 1999 requires every employer to appoint one or more competent persons to help them to comply with health and safety law.

This isn’t optional or something that kicks in once you reach a certain headcount.

It applies from the moment you become an employer.

Competent, in legal terms, means having sufficient training, experience and knowledge to identify the health and safety risks in your business and understand what needs to be done to control them.

The HSE is clear that good intentions and general familiarity with your workplace don’t meet that standard.

Where the confusion comes from

You may well have come across the phrase “competent person” at some point. Usually on an insurance form, in a template or in passing advice from someone.

There are a few misconceptions though that come up repeatedly.

Some people assume it means someone with a certificate.

Holding a certificate can be part of demonstrating competence, but it’s not the whole picture. The question is whether the person genuinely has the knowledge and experience to manage H&S effectively in your specific business.

Some treat it as optional, something sensible businesses do rather than something all employers are legally required to have.

Some think their accountant, HR person or office manager covers it by default. Unless that person has been formally appointed and has the genuine competence the role requires, they don’t.

Businesses in construction, manufacturing and other higher-risk sectors tend to understand this better, partly because the consequences of getting it wrong are more visible.

Businesses in offices, retail or hospitality are far more likely to have a gap here, often without realising it.

What the gap actually costs you

The practical consequences of not having a competent person in place aren’t always immediate. That’s part of why the problem persists.

What tends to happen instead is a slow build-up of risk.

When nobody’s actively managing health and safety, hazards go unaddressed and opportunities to reduce risk are not identified.

Risk assessments either don’t exist or were produced from a generic template that doesn’t reflect how the business actually operates.

Staff don’t receive the right training. Documentation falls out of date.

If something does go wrong, whether that’s an accident, a HSE investigation or an insurance claim, the business is in a vulnerable position because the foundations were never there.

Appointing yourself as the competent person when you don’t have the relevant knowledge doesn’t solve the problem. It just puts your name on a gap.

What a H&S consultant does differently

An external H&S consultant can be formally appointed as your competent person, which is exactly how a lot of businesses fulfil this requirement properly.

In practice, that means they:

• Fulfil the legal requirement under Regulation 7
• Provide practical advice when issues, questions or incidents arise
• Keep you up to date as legislation, guidance or best practice changes

H&S consultants can also support with:

• Producing and maintaining core health & safety documentation that your business needs, including H&S Policy, risk assessments and safe systems of work
• Advising on training requirements and delivering health & safety training where required.
• Independent audits and inspections to identify opportunities for improvement and potential compliance gaps.

For most business owners, the real value comes from having someone you can call when something happens or a question comes up and knowing that the fundamentals are being handled by someone who actually knows what they’re doing.

It also means that if the HSE does visit, your Consultant can help you respond to requests for information and navigate the process.

How we can help

We act as the competent person for health and safety for businesses across a range of sectors.

That means fulfilling the legal requirement under Regulation 7 and acting as a trusted partner, providing the practical expertise and ongoing support you need to manage health and safety, maintain compliance and protect your business.

If you haven’t formally appointed a competent person, or you’re not confident that your current arrangement meets the legal standard, get in touch. We can explain what proper support looks like and what it costs.