Responsibilities

Firstly, to respond directly to the question asked, there is no requirement to change a

person’s Statement of Terms and Conditions of Employment to somehow make them –
or attempt to make them - uniquely responsible for something that at law they are not
uniquely responsible for.

Under health and safety law the employer is responsible for ensuring a safe working
environment for all employees (and indeed for others who may come in contact with the
work).

The key thing is that management, as the employer’s agents, take their responsibility
seriously, and effect such training and associated working procedures as needed to
ensure a safe working environment.

Whilst HSE guidance does suggest that Competent Persons are appointed by
management, this is just one approach. There are other approaches. Whatever
approach is taken to ensuring that safe working environment, nothing absolves
management from the requirement that all employees are appropriately trained and use
appropriate working practices.

Appointing competent, well trained and qualified employees to manage health and
safety is one way of structuring work to achieve a safe working environment. As with the
example above, the Competent Person in one aspect of work may not be the
Competent Person in another.

The phrase ‘without fear or favor’ has no meaning in employment law, nor has it specific
meaning in health and safety legislation. It is a term used typically to describe the
approach to work that a tribunal judge or a chair of a public enquiry would take. In
essence, they should not care who they upset in order to get to the truth. And in that
work those judges and chairs are often accountable only to Parliament.

For a Competent Person to work truly ‘without fear or favor’, they would somehow need
to work outside management control. In the end, they are employees reporting to
management and management therefore retains responsibility.