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Relevant Statutes:

• Management of Health and Safety at Work Regulations 1999 [MHSWR]

Every employer shall appoint one or more competent person(s) to assist him in undertaking the measures he needs to take in applying the various provisions of health and safety law and in particular in devising and applying protective measures unless they are competent to undertake the measures without assistance.

The appointment will form part of the arrangements required by the Safety Management System.

The duty holder shall ensure that the appointed person;

• is informed of the known or suspected factors affecting the health and safety of any persons
• has access to the information provided to employees on
  • health and safety risks, and preventative and protective measures on
  • procedures and nominated persons for dealing with serious danger
  • health and safety risks to employees of other employers
• is given relevant information about any employees

To be considered competent does not necessarily require the possession of formal qualifications. Simple situations may only require:

• an understanding of current best practice
• an awareness of the limitations of one's own experience and knowledge
• the willingness and ability to supplement existing experience and knowledge

Where there is more than one employer involved in an undertaking it may only necessary to have one health and safety assistant appointed.

The appointment of an health and safety assistant does not remove the general legal responsibilities of employers e.g. wider HSWA. It can do no more that give added assurance that these responsibilities are being met.

Recommended Further Reading

• ACoP - Management of Health and Safety at Work Regulations