What Does 'Competent Person' Mean Under Irish Construction Law?

The phrase 'competent person' appears throughout Irish health and safety law but is rarely defined precisely.

# What Does "Competent Person" Mean Under Irish Construction Law? The phrase "competent person" appears throughout Irish health and safety legislation. The Safety, Health and Welfare at Work Act 2005, the Construction Regulations 2013, and a range of other statutory instruments all require that certain tasks be carried out by, or under the supervision of, a competent person. Yet the term is rarely defined with the precision that contractors and clients would like. This guide explains what competence means in the context of Irish construction law, which roles require a competent person, how competence is assessed, and what happens when an incompetent person carries out a task that results in injury. ## The Legal Definition of Competence The Safety, Health and Welfare at Work Act 2005 defines a competent person as someone who has sufficient training, experience, and knowledge appropriate to the nature of the work to be done. This definition is deliberately broad. It does not specify qualifications, years of experience, or membership of a professional body. Instead, it focuses on whether the person has what is needed to do the specific task safely. This means that competence is always task-specific. A person may be competent to carry out a site inspection but not competent to design a temporary works scheme. A person may be competent to erect a simple independent scaffold but not competent to design a complex birdcage scaffold. Competence must be assessed for each task, not assumed on the basis of a general qualification or job title. The Construction Regulations 2013 reinforce this by requiring that persons appointed to key roles, including PSDP, PSCS, and designers, must be competent to carry out the functions assigned to them. The client appointing these duty holders has a responsibility to check their competence before making the appointment. ## Roles That Require a Competent Person The following roles on Irish construction projects require the appointment of a competent person. **Project Supervisor for the Design Process (PSDP).** The PSDP must be competent to coordinate health and safety during the design phase, identify hazards arising from design decisions, prepare the Preliminary Health and Safety Plan, and compile the Safety File. Competence for this role typically requires a combination of design knowledge, construction experience, and health and safety qualifications. **Project Supervisor for the Construction Stage (PSCS).** The PSCS must be competent to manage and coordinate health and safety during the construction phase, develop and maintain the Construction Stage Safety and Health Plan, and liaise with all contractors on site. Competence for this role requires practical construction experience and a thorough understanding of the Construction Regulations. **Safety Adviser.** Section 18 of the 2005 Act requires employers with more than a specified number of employees to appoint a safety officer. More broadly, Section 8 requires all employers to obtain the services of a competent person to assist them in meeting their safety obligations. This competent person must have the knowledge, training, and experience to identify hazards and advise on controls. **Scaffold Inspector.** The Construction Regulations 2013 require that scaffolding be inspected by a competent person before first use, after any event that may have affected its stability, and at intervals not exceeding seven days. The competent person carrying out scaffold inspections must have sufficient knowledge of scaffolding to identify defects and assess whether the scaffold is safe to use. **Temporary Works Designer and Coordinator.** Temporary works, including falsework, propping, and excavation support, must be designed and supervised by a competent person. The Temporary Works Forum in the UK and the Construction Industry Federation in Ireland both publish guidance on competence requirements for temporary works. **Crane Supervisor and Slinger/Signaller.** The lifting of loads on construction sites must be planned and supervised by a competent person. Crane operators, slingers, and signallers must all hold appropriate CSCS cards demonstrating their competence. **Confined Space Entry Supervisor.** Where workers enter confined spaces, a competent person must supervise the entry, ensure that the permit-to-work system is followed, and be capable of initiating a rescue if required. ## How Competence Is Assessed Because the law does not specify qualifications, assessing competence requires a structured approach. The HSA recommends considering four elements. **Knowledge.** Does the person understand the relevant legislation, standards, and guidance? Do they know what hazards are associated with the task and what controls are appropriate? **Training.** Has the person received formal training relevant to the task? This might include a degree or diploma in a relevant discipline, a professional qualification such as CMIOSH (Chartered Member of IOSH), or a task-specific certification such as a CSCS card. **Experience.** Has the person carried out similar tasks before, and have they done so successfully? Experience without knowledge and training is not sufficient, but neither is knowledge and training without practical experience. **Behaviour.** Does the person demonstrate safe working practices? Are they willing to raise concerns when they identify a hazard? Do they keep their knowledge up to date? In practice, most clients and principal contractors assess competence by requesting evidence of relevant qualifications, a CV demonstrating relevant experience, references from previous projects, and evidence of membership of a relevant professional body such as IOSH, CIOB, or Engineers Ireland. ## Pre-Qualification and Competence Checking On larger construction projects, competence checking is typically built into the procurement process. Contractors are asked to complete a pre-qualification questionnaire (PQQ) that includes questions about their safety management system, their key personnel, and their safety record. The responses are assessed before the contractor is invited to tender. The Safe-T-Cert scheme, operated by the Construction Industry Federation (CIF), provides a third-party assessment of a contractor's safety management system. Safe-T-Cert accreditation is increasingly required by public sector clients and larger private developers in Ireland. While it does not directly assess individual competence, it provides assurance that the contractor has systems in place to manage competence across their workforce. The Construction Skills Certification Scheme (CSCS), administered by SOLAS, provides card-based certification for a wide range of construction roles. CSCS cards are evidence of task-specific competence and are required for many activities on Irish construction sites, including operating plant, erecting scaffolding, and carrying out groundworks. ## The Consequences of Appointing an Incompetent Person If a client appoints a PSDP or PSCS who is not competent to carry out the role, and a worker is injured as a result of a failure in the safety management of the project, the client may be liable. The Construction Regulations 2013 place a specific duty on clients to take all reasonable steps to ensure that the persons they appoint are competent. Similarly, if a contractor allows an incompetent person to carry out a task, such as erecting scaffolding without the necessary knowledge and experience, and that person's work results in a collapse and injury, the contractor faces potential prosecution under the 2005 Act and civil liability for the injuries caused. The HSA has prosecuted contractors for allowing incompetent persons to carry out safety-critical tasks. In several cases, the courts have found that the absence of adequate competence checking was itself a failure of the employer's duty of care. ## Maintaining Competence Competence is not a one-time achievement. It must be maintained over time through continuing professional development (CPD), refresher training, and staying up to date with changes in legislation, standards, and best practice. IOSH, the Institution of Occupational Safety and Health, requires its members to complete a minimum of 30 hours of CPD per year to maintain their membership. The CIF and other industry bodies run regular training events and seminars covering changes in legislation and emerging safety issues. For construction companies, maintaining competence across the workforce requires a structured approach to training needs analysis, training delivery, and record-keeping. A training matrix that maps each worker's role to the competencies required, and tracks the status of each competency, is a practical tool for managing this. ## Practical Steps for Clients and Contractors If you are a client appointing a PSDP or PSCS, ask for evidence of their qualifications, experience, and professional memberships before making the appointment. Do not rely solely on a company's reputation or a recommendation. Document your competence checking process so that you can demonstrate that you took reasonable steps if questions are ever raised. If you are a contractor, review your approach to competence checking for key roles on your sites. Ensure that your CSCS card register is up to date, that scaffold inspection records are being maintained, and that any person carrying out a safety-critical task has the knowledge, training, and experience to do so safely. If you are unsure whether a particular person or organisation is competent to carry out a specific role on your project, seek independent advice. Safety Check provides competence assessment and advisory services to clients and contractors across Leinster. Getting this right at the start of a project is far less costly than dealing with the consequences of getting it wrong.