Competent Person
Date Posted: 02/09/2024
According to the Division of Occupational Safety and Health (DOSH), WAC 296-155-012, a competent person is "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 action to eliminate them.”
By way of training and/or experience, a competent person is knowledgeable of applicable standards, can identify workplace hazards relating to the specific operation, and has the authority to correct them. Some standards add additional specific requirements that the competent person must meet.
Designated or Performance Based
There is no general or formal training to become a competent person, but rather competency is demonstrated through training, experience, skill, and authority. Labor and Industries (L&I) does not generally have a specific, blanket regulation or standard regarding a competent person, which can lead to some confusion on when one is required. Much of the confusion surrounding the definition of a competent person may have something to do with the fact that OSHA currently has a vague standard regarding competent persons, even though many regulations dictate that competent persons are required on site. Many believe they can be considered “competent” because they attended a safety course or a boss arbitrarily assigned the title. However, competence is a measure of both proven skills and knowledge. An extensive job site with different operations going on simultaneously may require more than one competent person. The term “competent person” should not be confused with other terms like “authorized,” “qualified,” or “certified.” These three terms are defined below:
Authorized: This means the employer has approved or assigned an employee to be in a specific area or perform a particular task.
Qualified: This means that an employee has the knowledge, experience, or training needed to solve issues related to a job. This typically includes possession of a degree, certificate, extensive knowledge, training, or experience.
Certified: This means an employee has passed certification exams from an accredited organization.
Ability and Authority
Competency is demonstrated, not certified. A competent person should be chosen with seriousness because they must be qualified to identify the hazards of a particular operation. For example, if work is being performed in an excavation, the competent person must be knowledgeable about the hazards associated with soils and excavation in general. This knowledge can come from a person’s skills, experience, and training.
In addition to identifying hazards, a competent person must have the authority to correct unsafe acts or conditions. If that person cannot do so, they would not fit the definition of a competent person. Because many different types of activities can occur on a worksite, a competent person must either have the authority to make safety-related changes to those various operations or know who can enforce those changes. Acquiring the skills to act as a competent person includes developing the following:
Understanding of Applicable Standards: A competent person must be knowledgeable of all industry safety standards and protocols.
Understanding and Anticipating Hazards: A competent person's most significant duty is proactively identifying workplace hazards before they become substantial problems.
Authority to Abate Hazards: In addition to recognizing hazards, the competent person must have authority from their employer to correct them.
Resources
WAC 296-155-012 - Safety Standards for Construction Work - Definitions
Competent Person - Overview | Occupational Safety and Health Administration (osha.gov)
