Health and Safety Competent Advice
- Shaun Smith
- Jun 29
- 6 min read
When it comes to managing risks in the workplace, few principles are as important — or as legally mandated — as ensuring access to health and safety competent advice. Whether you operate a small start-up or a large industrial enterprise, the presence of competent advice is not just a best practice — it is a legal requirement under UK health and safety legislation.
In this blog, we will explore:
What constitutes competent advice in the context of health and safety.
The legal foundations for this requirement.
The moral responsibility businesses have towards their staff and the public.
The financial consequences of failing to engage competent advice.
A real-world legal case study highlighting the consequences of neglecting this duty.
What is Health and Safety Competent Advice?
Competent advice in health and safety refers to guidance from someone with sufficient training, experience, knowledge, and other qualities to properly assist in complying with legal duties. This can be an internal employee or an external consultant, but in all cases, they must understand the specific risks within the organisation and be capable of identifying and controlling those risks effectively.
The Health and Safety Executive (HSE) offers clear guidance on this, stating:
“You must have access to help from one or more competent persons to enable you to meet the requirements of health and safety law.”
The Legal Requirement for Competent Advice
The legal foundation for requiring competent health and safety advice is set out in Regulation 7 of the Management of Health and Safety at Work Regulations 1999, which states:
“Every employer shall... 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.”
This duty applies to all employers, regardless of business size or sector. If an organisation lacks suitable in-house expertise, they must seek competent advice externally.
Key elements of legal compliance:
Appointment of one or more competent persons.
Ensuring that the appointed person has the appropriate training, knowledge, and experience.
Maintaining ongoing access to competent advice as risks evolve.
Failing to adhere to this regulation can result in enforcement action, improvement or prohibition notices, and in severe cases, prosecution.
The Moral Case for Competent Advice
Beyond legislation, there is a clear moral imperative. Every worker has the right to return home safely at the end of each working day. Employers who take their responsibilities seriously will ensure they are guided by competent advice to reduce risks, create a positive safety culture, and proactively prevent incidents before they occur.
Competent advice ensures:
Hazards are identified and appropriately managed.
Risk assessments are suitable and sufficient.
Workers are properly trained and informed.
Continuous improvement in health and safety standards.
By embedding competent advice into the fabric of business decision-making, organisations send a powerful message that the wellbeing of their employees, contractors, and visitors matters.
The Financial Implications of Ignoring Competent Advice
Cutting corners on competent advice can be a costly mistake. The financial implications of poor health and safety management can be profound, including:
Fines and legal costs: Courts now issue significantly higher fines under the sentencing guidelines for health and safety offences, often running into six figures or more.
Increased insurance premiums: Following an incident, insurance companies may raise premiums or withdraw coverage altogether.
Downtime and productivity losses: Accidents disrupt operations, delay projects, and cause reputational harm.
Civil claims: Injured parties may pursue compensation, adding to the financial burden.
Conversely, investing in competent advice can yield long-term savings by preventing accidents, enhancing reputation, and improving workforce morale and productivity.
How to Identify a Competent Person Within Your Business
Identifying a competent person within your organisation is a fundamental first step in meeting your legal obligations and fostering a strong internal health and safety culture. Appointing someone from within the business provides continuity, familiarity with operations, and a more integrated approach to risk management.
What the Law Says
Regulation 7 of the Management of Health and Safety at Work Regulations 1999 not only mandates the appointment of one or more competent persons, it also expresses a clear preference for sourcing this competent advice from within the business where reasonably practicable:
"Where there is a competent person in the employer’s undertaking, he shall be appointed in preference to a person not in his employment."
This means businesses must first assess whether existing employees can fulfil this role before turning to external consultants. This is echoed in the HSE’s guidance which states:
"If you’re not confident of your ability to manage all health and safety in-house, you may need some external help or advice. But remember – you cannot pass on the legal duties to others. You remain responsible, even if you delegate some tasks."
What Makes an Internal Candidate ‘Competent’?
Competence is defined in UK law and HSE guidance as a combination of:
Knowledge of the relevant health and safety issues.
Experience applying that knowledge in the work context.
Training appropriate to the level of responsibility.
Personal attributes such as diligence, communication skills, and a methodical approach.
The HSE advises using the following three questions when assessing internal competence:
Do they understand the health and safety risks of the business?
Do they have the authority and resources to act?
Have they received appropriate training and experience?
Advantages of Appointing a Competent Person Internally
Greater Familiarity with Business Processes
Faster Decision-Making
Improved Communication and Culture
Cost-Effectiveness
Alignment with Legal Preference
Developing internal competence through training and CPD helps maintain this advantage and demonstrate commitment.
Appointing an External Consultant for Competent Advice
When internal options are unavailable, external advice may be essential. However, this must be a carefully considered decision. Remember: appointing an external consultant does not transfer your legal responsibility.
What to Look for in an External Consultant
Chartered status (CMIOSH) and/or OSHCR registration.
Relevant sector experience.
Clear, practical communication.
Adequate insurance cover.
Willingness to collaborate with your team.
A Word of Caution
In some cases, especially with larger consultancies, the qualifications of senior staff are showcased, but the actual site visits are carried out by junior or inexperienced staff. While oversight may be promised, unless the lead consultant has real visibility of your operations, key risks may be missed. Ask who will be delivering the service and ensure they meet your expectations.
Case Study: Clive Weal – Inadequate Competent Advice Leads to Fine
Summary of the Case
In June 2020, Clive Weal, a self-employed health and safety consultant based in Lincolnshire, was prosecuted at Luton Crown Court after providing deficient advice to clients regarding technical risks like hand-arm vibration, workplace noise, and hazardous substances.
The HSE found he:
Misidentified or overlooked critical hazards.
Offered impractical or inadequate solutions.
Lacked the qualifications and CPD necessary to advise effectively in those specific areas.
He was found to have breached section 3(2) of the Health and Safety at Work Act 1974, which mandates that persons or organisations offering services must not expose others to risks through their negligence.
Demonstrating Compliance with Regulation 7
To show you meet Regulation 7 requirements, maintain evidence such as:
Competency records (CVs, training, memberships).
Appointment letters.
Consultant contracts and insurance.
Meeting minutes and advice logs.
CPD and training records.
Auditors and inspectors will want to know:
Who provides your competent advice?
How did you assess their competence?
How is advice used and reviewed?
Practical Tools and Steps to Assess and Implement Competent Advice
1. Competence Assessment Template
Use structured criteria to assess internal staff across knowledge, training, experience, and personal attributes.
2. Consultant Selection Checklist
Evaluate OSHCR status, insurance, industry experience, and references.
3. Appointment Letter
Document the scope, responsibilities, and expectations of the competent person.
4. Integration Plan
Ensure competent advice informs:
Risk assessments
Safety meetings
Policy updates
Training
Investigations
5. Evidence File
Keep a register of documents, advice, reviews, and compliance actions for inspections and audits.
Final Thoughts
Health and safety competent advice is not simply a requirement to tick off — it’s a cornerstone of safe, legally compliant and high-performing organisations. Whether you're appointing an internal champion or bringing in external expertise, the principles remain the same:
Competence must be evidenced, not assumed.
Advice must be tailored to your specific risks and operations.
Oversight must be ongoing — not just a one-off engagement.
By treating the selection and integration of competent advice as a strategic priority, businesses not only protect their people and operations — they also protect their reputation, resilience, and future growth.
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