We all want our boss and employer to think we’re competent at our jobs, but when OSHA standards refer to a “competent person,” the term comes with certain requirements.
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.”
A competent person also must have knowledge of applicable OSHA standards and the ability to identify hazards related to a specific operation. A competent person is required under many of the standards for the construction and maritime industries, certain gear certifications, and four subparts within the general industry standards. Some standards also have other specific requirements for a competent person.
“My impression is that there’s confusion out there on exactly what the term ‘competent’ means and who qualifies as a competent person,” said Richard Fairfax, a former deputy assistant secretary of labor for OSHA and principal consultant for NSC-ORC HSE – part of the Workplace Practice Area at the National Safety Council.
In a hurry? Here is OSHA’s short definition |
| 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.” |
Authority and knowledge
One issue is that some employers might think a competent person is simply the most senior person on a jobsite, but it’s more nuanced than that, Fairfax says.
Perhaps the most significant nuance in this example has to do with authority. Does the senior-most person have the authority to correct hazards or stop work if needed?
“They have to have the authority to make the necessary corrections,” said Kevin Cannon, director of safety and health services for the Associated General Contractors of America and chair of OSHA’s Advisory Committee on Construction Safety and Health. “If a person lacks that authority, they truly can’t be considered a competent person.”
Another requirement is demonstrating knowledge – being able to identify hazards, for example. That’s why OSHA doesn’t limit the qualifications of a competent person to education or training.
“As long as the individual knows and understands the hazards, and knows and understands what to do about them,” Fairfax said.
Associate Editor Alan Ferguson discusses this article in the May 2021 episode of Safety+Health‘s “On the Safe Side” podcast.
Jobsite conditions are one clear indication of this knowledge, said Peter Lasavage, a former OSHA compliance officer and founder/president of the consulting firm Lighthouse Safety LLC.
During his time at the agency, Lasavage on occasion would conduct pre-inspection surveillance of jobsites. If he saw workers climbing ladders while not maintaining three points of contact or “employees working from scaffolds that are improperly erected,” those are significant signs that an employer may not have a competent person – or, at least, not an effective one.
“If hazards are present – for example, people are working without fall protection or there is an abundance of damaged electrical cords and PPE is not being used and so forth – then OSHA would assume the competent person is not competent and pursue documentation to support that conclusion, and then issue a citation,” Fairfax said.
‘Culture, attitude and behavior’
During his surveillance or when he first arrived to a worksite, Lasavage said he would observe “the culture, attitude and behavior.” Is the competent person directing other employees and correcting improper safety behaviors? Do the employees appear to have been trained properly?
“Safety should be cultivated by the attitudes of the competent person,” he said. “The competent person should lead by example. If the competent person shows a genuine attitude of making sure everyone makes it home safely at the end of the shift, then the workers will usually share that genuine concern for one another’s safety.
“Making workers feel like a team who genuinely care for one another creates a positive work environment, as well as a safer work environment.”
After inspecting a jobsite, Lasavage would interview a few selected contractors and their employees individually. (For example, a roofer, an electrician, a framer and a plumber.) Their answers often gave more clues about the competent person – or lack thereof.
“First thing that I would ask is, ‘Who is the competent person?’” he said. “The next thing I would say, ‘What are you competent in? Who gave you the authority to be the competent person? What authority do you have?’”
Lasavage then might’ve asked whether they perform daily inspections and to see written documentation of daily/weekly toolbox meetings and rosters with signatures to ensure workers had attended. “Let me see your corrections and what you have found and what you are correcting,” Lasavage said he’d tell the competent person.
Employers should communicate to their employees who the competent person is for a certain area/subject matter (fall protection, scaffolds, etc.). Cannon said employers can run into issues if, say, an OSHA inspector were to come onto their jobsite, ask for the competent person and hear the words, “I don’t know.”
In construction, a subcontractor typically is responsible for identifying the competent person, and a general contractor should ensure each subcontractor has a competent person, if needed.
“It’s the responsibility of the contractor or the employer to understand who should fulfill that position,” Cannon said.
Lasavage recommends always designating a competent person and a backup, in the event the first competent person has to be away from the jobsite.
An employer also may need a competent person in more than one subject. If a roofing company, for example, has a competent person in fall protection but also uses scaffolds, it would need to have a competent person in that area as well.
An employee can be designated as a competent person for different topics if that person meets the qualifications, of course. That means employers need to learn and anticipate all of the areas and times when they may need a competent person.
“OSHA is pretty clear when a competent person is required,” Cannon said. “It’s not buried in the preamble of some rule or whatnot. It’s clear when a competent person is required for any of the standards where it applies.”
