OSHA uses many phrases within the regulations to ensure that employers are meeting the requirements necessary to provide a safe working environment. One such definition that some employers have a difficult time meeting is the "Competent Person." The phase here is capitalized to emphasize the importance of the definition. OSHA defines 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."
When asking the Average Joe what a competent person is, you are likely to get a response such as "someone that is competent." The reality is that OSHA is looking for much more. Competent Person is a designation made by the employer to signify that the individual meets the requirements of the specific definition. They must have knowledge of the safety work practices (and regulations) as they apply to his particular area of competency. They must be capable of conducting onsite inspections or reviews of the work procedures and environment to determine if any hazards exist, or would be likely to exist through the course of work. Finally, the individual must have the authority to stop work, make changes, or order some type of corrective action. This authority is extremely broad, as it has to be the final word in operations of the work. A foreman, superintendant, or even project manager would not have the ability to overrule the Competent Person's decision. If the Competent Person has to make a phone call to verify it is acceptable to make specific changes, they don't have the required authority.
The employer is required to appoint a Competent Person for many different aspects of work that goes on at their site. A Competent Person is required to; conduct regular jobsite inspections to identify hazards, inspect rigging equipment, oversee scaffold erection, inspect scaffolding, inspect fall protection, inspect cranes and working conditions, inspect trenches and excavations, oversee excavation activity, etc... There are not many aspects of construction activity which do not require a Competent Person to be onsite and in charge of that particular activity.
Due to the nature of the designation, the competent person is a representative of the employer. Decisions, right or wrong, are determined in almost all cases to be that of the employer rather than an individual. This is why it is crucial that companies ensure their Competent Persons are qualified for the designation, and that all employees understand their role. It is not as simple as sending an employee to safety training, and calling them competent. Employers must go the next step and require that each Competent Person is able to demonstrate their ability and knowledge through testing on jobsite performance evaluations. If it is determined that their knowledge and ability is lacking, the employer must re-evaluate the individual's status as a Competent Person.
Many employers train their entire staff, call them all competent, and set company policy to state that anyone can stop work due to a safety concern. This course of action is not to be discredited, as it gives many employees the ownership needed to take safety into their own hands. But, employers must be cautious, because when multiple employees are working together, only one can have the title "Competent Person." Even though everyone may be capable, only one can have the authority required to make the final decisions.
The Competent Person in construction is an individual who knows the safety rules, is capable of identifying hazards, and has authority to correct them. Each specific standard may have particular guidelines for what that Competent Person's responsibilities include, but all follow the basic definition. At the end of the day, the Competent Person must know their role and take the responsibility seriously, and all employees must understand and follow their instructions.
Related Topics: Monthly Safety Topics, Safety Articles