What is a competent person? OSHA, UK and who inspects what

OSHA's definition of a competent person

OSHA defines a competent person as "one who is capable of identifying existing and predictable hazards in the surroundings or working conditions which are unsanitary, hazardous, or dangerous to employees, and who has authorization to take prompt corrective measures to eliminate them" (29 CFR 1926.32(f)).

That definition has two halves, and both count:

• Ability. They can recognize the hazards that exist now and the ones that are predictable, such as a scaffold plank that will crack under load, not just the one that already has.
• Authority. They can act on what they find, straight away: tag the equipment out, stop the work, get the fix made. Someone who can spot a cracked plank but has to ask permission to stop work isn't a competent person under this definition.

The crane rules repeat the same definition (1926.1401), and OSHA's construction safety programs must provide for "frequent and regular inspections of the job sites, materials, and equipment to be made by competent persons designated by the employers" (1926.20(b)(2)). General industry rules use the term where it matters, such as daily sling inspections, and some define it for their own subject, like fall protection in 1910.140(b).

Competent vs qualified vs authorized person

The three terms test different things: a competent person has hazard knowledge plus authority, a qualified person has proven expertise, and an authorized person has permission.

OSHA's construction rules also say a "designated person" means the same as an authorized person (1926.32(i)). The roles can overlap: one experienced lead can be authorized to run a machine, competent for its shift inspection and, with the right background, qualified for its annual one.

Which equipment inspections need a competent person

The rule for each kind of equipment says who must inspect it. Some name a competent person; many operator checks name nobody, which in practice means the trained operator, with the employer responsible for making sure it's done. The full rule-by-rule list is in OSHA equipment inspection requirements.

For forklifts, OSHA has said "there is no specific OSHA requirement that a checklist be used", but "an employer does have the responsibility to determine that PITs are properly inspected" (OSHA letter, July 28, 2004). The rule and the manufacturer set the check; the employer has to make sure it happens. For the details on specific equipment, see crane inspection requirements, ladder inspection requirements and the scaffold inspection checklist.

Can an operator be the competent person?

Yes, if they have both the knowledge and the authority for that equipment. Many crews designate the foreman, a lead hand or an experienced operator as the competent person for scaffolds or crane shift inspections.

Competence is specific. Someone competent for scaffolds isn't automatically competent for excavations or rigging, because the hazards are different. And it's not a card: OSHA's definition is about what the person can recognize and what they're allowed to do, so a course certificate on its own doesn't make anyone competent, and a lack of one doesn't rule them out. What matters is that the employer has chosen them for a reason it can explain, trained them on that equipment and its rule, and given them the authority to stop work.

A new operator on their first week usually isn't the right choice, even if they're doing the daily check on their own machine.

Competent person in the UK: PUWER and LOLER

UK law uses "competent person" more broadly: someone with enough practical and theoretical knowledge and experience for the job in hand. There's no general statutory definition and no separate idea of authority built in.

Under PUWER, an inspection means "such visual or more rigorous inspection by a competent person as is appropriate for the purpose". HSE says equipment "can be inspected by anyone who has sufficient knowledge and experience of it to enable them to know: what to look at, what to look for, what to do if they find a problem" (HSE: inspection of work equipment). A trained operator doing a pre-use check meets that for a simple check.

Under LOLER, thorough examinations must be done by a competent person, and HSE sets a higher bar. The examiner should have enough knowledge and experience to detect defects and judge how much they matter, "should not be the same person who performs routine maintenance as they would be responsible for assessing their own work", "should be sufficiently independent and impartial to make objective decisions", and may come from a separate company or the employer's own staff (HSE INDG422). See LOLER thorough examinations. In Australia, the model WHS Regulations likewise require plant to be inspected and maintained by a competent person.

How to designate a competent person

Designate competent persons deliberately, for each kind of equipment, and write it down.

1. 1List the equipment whose rule names a competent person: scaffolds, cranes, slings and rigging, excavations, construction ladders, fall arrest gear after a fall.
2. 2Pick people who know that equipment and its hazards from training and experience, not just seniority.
3. 3Give them the authority in writing to tag equipment out and stop work, and back them when they use it.
4. 4Train them on the specific rule and the manufacturer's instructions for each machine.
5. 5Cover every shift. A pre-shift inspection needs a competent person on site before the shift starts.
6. 6Make their inspections easy to record, so you can show what was checked, by whom and when.

For the recording part, CheckBadges puts each scaffold's or crane's inspection on a QR sticker: the competent person scans it with their phone, the check is saved with their name (or their PIN, if you turn PINs on) and the time, and any problem emails you with photos. It doesn't track who is designated or trained, so keep that list yourself.