A competent person, as defined by OSHA in 29 CFR 1926.32(f), is someone who can identify existing and predictable hazards in the surroundings or working conditions that are unsanitary, hazardous or dangerous to employees, and who has authorization to take prompt corrective measures to eliminate them. Both knowledge and authority are required.
The term appears throughout OSHA's construction standards, from trenching and scaffolds to cranes and silica. Understanding who qualifies, and what they must do, is essential for compliance on any jobsite.
What Is a Competent Person?
OSHA's construction definitions in 29 CFR 1926.32 define 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."
That definition has two parts, and both must be met:
- Capability: through training, knowledge and experience, the person can recognize the hazards of the specific operation, including hazards that can be predicted before they appear, such as a trench wall weakening after rain.
- Authority: the employer has given the person the power to act, including stopping work, removing employees from danger and requiring fixes, without waiting for someone else's approval.
A highly experienced worker who has no authority to stop work is not a competent person under OSHA's definition. Neither is a supervisor with authority who lacks the knowledge to recognize the hazards of the task.
The competent person must also be knowledgeable about the specific standard involved. OSHA's competent person topic page notes that some standards add further specific requirements that the competent person must meet.
Why the Competent Person Role Matters
Conditions on construction sites change constantly. Soil dries out or becomes saturated, scaffolds are altered by other trades, and equipment is moved into new positions. A written plan or job hazard analysis prepared before the job cannot anticipate every change.
The competent person is the on-site check that closes that gap. They see conditions as they are today, recognize when a hazard is developing, and have the authority to stop work before someone is hurt. During an OSHA inspection, being unable to name the designated competent person, or to show that required inspections were done, can point to noncompliance with the standards that require them.
Who Designates a Competent Person?
The employer does. OSHA has no general competent person certification or license. In a 2005 interpretation letter on scaffolds, OSHA explained that the standard does not specify particular training requirements for competent persons, and that the authority element can only be provided by the employer, not by a training course.
That means a certificate from a "competent person class" is helpful evidence of training but does not by itself make someone a competent person. The employer must judge the individual's capability and formally give them authority for each task or site.
Where OSHA Requires a Competent Person
Many construction standards assign specific duties to a competent person. Common examples include:
Excavations and trenching
Under 29 CFR 1926.651(k), a competent person must make daily inspections of excavations, adjacent areas and protective systems for evidence of possible cave-ins, protective system failure, hazardous atmospheres or other hazardous conditions. An inspection is required before the start of work and as needed throughout the shift, and after every rainstorm or other hazard-increasing event. Where hazardous conditions are found, exposed employees must be removed until precautions are taken. The competent person also classifies soil under Subpart P, Appendix A.
Scaffolds
Scaffolds and scaffold components must be inspected for visible defects by a competent person before each work shift and after any occurrence that could affect structural integrity. A competent person must also supervise and direct scaffold erection, moving, dismantling and alteration.
Fall protection and ladders
Under the construction fall protection standards, fall protection training must be provided by a competent person qualified in fall hazards. Where a safety monitoring system is used, a competent person serves as the safety monitor. Portable ladders must be inspected by a competent person for visible defects on a periodic basis and after any occurrence that could make them unsafe.
Other standards
- Cranes and derricks: shift and monthly inspections by a competent person
- Respirable crystalline silica in construction: the written exposure control plan must designate a competent person to implement it
- Asbestos, lead, steel erection and demolition work
Competent Person vs. Qualified Person
OSHA uses both terms, and they are not interchangeable. Under 29 CFR 1926.32(m), a qualified person is one who, by possession of a recognized degree, certificate or professional standing, or by extensive knowledge, training and experience, has successfully demonstrated the ability to solve or resolve problems relating to the subject matter, the work or the project.
- A competent person identifies hazards on site and has authority to correct them. The focus is on recognition and action.
- A qualified person solves technical problems, often in design. For example, personal fall arrest anchorage systems may be designed, installed and used under the supervision of a qualified person.
One person can be both, and some standards require both roles. In trenching, for example, a competent person inspects daily, while protective systems for excavations deeper than 20 feet must be designed by a registered professional engineer.
How to Designate a Competent Person Step by Step
- List the tasks that require one. Review your scope of work against the applicable OSHA standards, such as excavation, scaffolding, fall protection and cranes.
- Select candidates with relevant experience. Look for people who know the work and the hazards, not just seniority.
- Provide task-specific training. Train on the specific standard, hazard recognition, inspection methods and required documentation. Trenching training should cover soil classification and protective systems, for example.
- Evaluate capability. Confirm through observation, testing or field evaluation that the person can identify hazards in real conditions.
- Grant authority in writing. Document that the person can stop work, remove workers and require corrective action, and communicate this to crews and subcontractors.
- Assign and record. Record which competent person is designated for each site, task and shift, including backups.
- Refresh and review. Update training when standards, equipment or methods change, and reassess when performance issues arise.
Common Mistakes to Avoid
- Relying on a certificate alone. A course card does not grant authority or prove capability on a specific site.
- Naming one person for everything. Someone competent in scaffolds may not be competent in excavations.
- No competent person on site. If daily or pre-shift inspections are required, the competent person must be available to do them.
- Authority in name only. If supervisors overrule the competent person's stop-work decision to keep production moving, the authority element is not met. A strong stop work authority culture supports the role.
- Undocumented inspections. Even where the standard does not require written records, documentation shows that inspections happened.
How SMS360 Helps
SMS360's Training Management module helps employers assign task-specific competent person training, track completion and keep training records for each employee. Reminders flag refresher training before it lapses, and dashboards show who is trained for which tasks across sites. When a project needs a competent person for excavation or scaffolding, managers can check training records quickly instead of searching through paper files.
Frequently Asked Questions
What does OSHA consider a competent person?
OSHA defines a competent person in 29 CFR 1926.32(f) as someone capable of identifying existing and predictable hazards in the surroundings or working conditions that are unsanitary, hazardous or dangerous to employees, and who has authorization to take prompt corrective measures to eliminate them. Both parts are required: the knowledge to recognize hazards for the specific operation and the authority, granted by the employer, to fix them.
Is competent person certification required by OSHA?
No. OSHA does not issue or require a general competent person certification. The employer is responsible for designating competent persons based on their training, knowledge and experience, and for giving them authority to take corrective action. Training courses and certificates are useful evidence of knowledge, but they do not on their own make someone a competent person under OSHA's definition.
Can a competent person also be a qualified person?
Yes. One individual can meet both definitions if they have the hazard recognition skills and authority of a competent person and the recognized degree, certificate, professional standing or extensive experience of a qualified person. The roles are different, though. A competent person identifies and corrects hazards on site, while a qualified person solves technical problems such as designing fall protection systems.
How often must a competent person inspect a trench?
Under 29 CFR 1926.651(k), a competent person must inspect excavations, adjacent areas and protective systems daily, before the start of work and as needed throughout the shift. Inspections are also required after every rainstorm or other event that could increase hazards. These inspections are required when employees may reasonably be exposed to hazards in the excavation.
