Do Construction Companies Need a Competent Person?

Understanding Your Legal Duties

Running a construction business means balancing safety, compliance, deadlines and commercial pressure, often all at once. One question that frequently causes confusion, particularly for small and growing firms, is whether you are legally required to have a Health & Safety Competent Person.

The short answer is yes, but what that actually means in practice is often misunderstood. This article explains your legal duties clearly, what a Competent Person is, and how construction companies can meet the requirement without unnecessary cost or complexity.

What is a Health & Safety Competent Person?

A Competent Person is someone who has the skills, knowledge, training and experience to help an organisation identify risks and comply with Health & Safety law. Their role is to provide appropriate advice and support so risks arising from work activities are properly managed.

In construction, where work is often higher risk, this role is especially important. A Competent Person should understand both legal requirements and the realities of working on site, not just policy writing.

a Health & Safety Competent Person stands in front of the frame holding a hard hat

What does the law actually say?

Under Regulation 7 of the Management of Health and Safety at Work Regulations 1999, every employer must have access to “competent assistance” to help them comply with their Health & Safety duties.

This applies to all construction companies, regardless of size. Whether you are a small contractor, a specialist subcontractor, or a growing construction firm, the legal duty still applies.

The regulation does not state that you must employ someone full-time in this role. What it requires is that you have access to competent advice, which can be provided internally or externally.

Common misconceptions in construction businesses

Many construction companies fall into one of these traps:

Assuming the Principal Contractor or client covers their responsibilities
Believing a site supervisor automatically counts as a Competent Person
Thinking the requirement only applies to larger organisations
Leaving Health & Safety advice until an issue or incident arises

In reality, each employer retains responsibility for their own Health & Safety arrangements. Even when working under a Principal Contractor, you are still expected to demonstrate that you have competent advice available to your business.

What does this mean in practice for construction companies?

In practical terms, construction businesses must be able to show:

They know who their Competent Person is
That person has appropriate qualifications and experience
They can access advice when needed
Health & Safety risks are being actively managed

This is particularly important during:

HSE inspections
Client audits
Tender processes and supplier questionnaires
Incident investigations

Being unable to clearly answer “Who provides your Health & Safety advice?” is a red flag for clients and regulators alike.

Do you need to employ someone in-house?

For most small and medium-sized construction companies, the answer is no.

While large organisations may justify a full-time Health & Safety Manager, many smaller businesses do not have the workload or budget to support this role internally. That’s where outsourcing becomes a practical and compliant solution.

By appointing an external consultancy as your Competent Person, you can meet your legal duties without the costs associated with recruitment, salaries, benefits, training and ongoing professional development.

What to look for in a Competent Person service

If you choose to outsource, it’s important to select a provider that understands construction.

A suitable Competent Person should:

Hold recognised qualifications and professional memberships (such as NEBOSH or IOSH)
Have real, practical experience in construction environments
Provide advice that is proportionate and workable
Stay up to date with legislation and industry standards

Generic or purely theoretical advice often creates more problems than it solves, particularly on live sites.

How Simpson Consultancy supports construction companies

Simpson Consultancy provides an Annual Retainer / Competent Person Service designed specifically to support construction businesses.

As your appointed Competent Person, we:

Help you meet your legal duties under Regulation 7
Provide ongoing Health & Safety advice by phone and email
Support tender submissions and supplier questionnaires
Keep you informed of changes in legislation and industry standards

Our approach is practical, clear and proportionate, helping you stay compliant without unnecessary paperwork or disruption to your operations.

Final thoughts

Yes, construction companies do need a Competent Person, but that doesn’t mean employing someone full-time or overcomplicating compliance.

With the right support in place, meeting your legal duties becomes manageable, cost-effective, and commercially beneficial. More importantly, it allows you to focus on running your business, knowing expert advice is always available when you need it.

If you’d like to understand how a Competent Person retainer could work for your construction business, get in touch with Simpson Consultancy for a free, no-obligation consultation.