External Health and Safety Consultants: The Competent Person Role Across International Jurisdictions

Understanding the legal requirements for competent safety advice in the UK, Italy, France, the EU, and beyond

Every country that regulates workplace health and safety requires employers to have access to competent advice. But what "competent" means, who can provide that advice, and whether it must come from internal staff or can be sourced externally varies significantly across jurisdictions. For organisations operating internationally, understanding these differences is essential for compliance.

In Italy, the role is formalised as the RSPP (Responsabile del Servizio di Prevenzione e Protezione). In France, organisations must have access to competent prevention resources through the SPST (Service de Prévention et de Santé au Travail). In the UK, employers must appoint one or more "competent persons" under the Management of Health and Safety at Work Regulations 1999. In the United States, OSHA requires employers to provide a workplace free from recognised hazards, which in practice often requires professional safety expertise.

This guide examines the role of external health and safety consultants as competent persons across different international frameworks. For global health and safety consultants supporting multinational organisations, and for UK businesses seeking to understand how other countries approach this requirement, this comparison provides valuable insights.

The Competent Person Concept: A Universal Requirement

The fundamental principle underlying all competent person requirements is the same: employers cannot be expected to have all the specialist knowledge needed to manage workplace risks effectively. They need access to expert advice, whether from trained internal staff, external consultants, or a combination of both.

Competent persons typically perform functions including:

• Identifying hazards and assessing risks in the workplace
• Advising on preventive and protective measures
• Developing safety procedures and documentation
• Supporting the employer with risk assessment and compliance
• Providing or coordinating health and safety training
• Liaising with regulatory authorities and inspectorates
• Participating in incident investigation and prevention

United Kingdom: The Competent Person Requirement

In the UK, the Management of Health and Safety at Work Regulations 1999 (Regulation 7) requires every employer to appoint one or more competent persons to assist in undertaking the measures needed to comply with health and safety law. The regulation states that a person is competent where they have "sufficient training and experience or knowledge and other qualities to enable them properly to assist" the employer.

UK law gives employers flexibility in how they meet this requirement. They can use internal staff with appropriate training and experience, external consultants, or a combination of both. However, the regulations express a preference for using internal competence where available: employers should appoint competent persons from among their employees in preference to external sources, where the employer has employees who are competent.

Key features of the UK approach:

• No prescribed qualifications: competence is judged on training, experience, and knowledge appropriate to the task
• Flexibility to use internal or external resources
• Preference for internal competence where available
• OSHCR (Occupational Safety and Health Consultants Register) provides a voluntary register of competent consultants
• Professional bodies such as IOSH provide recognised qualifications (NEBOSH, IOSH membership levels)

Italy: The RSPP (Responsabile del Servizio di Prevenzione e Protezione)

Italy has one of the most formalised systems for competent safety advice in Europe. Under Legislative Decree 81/08 (the Testo Unico sulla Sicurezza, or TUS), every employer must appoint an RSPP (Head of the Prevention and Protection Service). This appointment is mandatory whenever even one employee is present.

Italian employers have three options for fulfilling this requirement:

1. Employer as RSPP: In smaller organisations, the employer can personally take on the RSPP role after completing a training course of 16 to 48 hours (depending on risk level). This option is available for craft or industrial businesses with up to 30 workers, agricultural businesses with up to 10 employees, fishing businesses with up to 20 workers, and other sectors with up to 200 employees.

2. Internal RSPP: An internal employee can be appointed as RSPP after completing the required training modules: Module A (28 hours), Module B (minimum 48 hours plus sector-specific specialisation of 12 to 16 hours), and Module C (24 hours).

3. External RSPP: An external consultant with the required qualifications and experience can be appointed. This is mandatory where no internal employees have the necessary qualifications, and is common for organisations that lack internal safety expertise or want specialist support.

However, certain high-risk sectors must have an internal RSPP and cannot rely solely on external consultants. These include major hazard sites (Seveso establishments), thermal power plants, facilities handling ionizing radiation, explosives manufacturing, industrial companies with more than 200 workers, extractive industries with more than 50 workers, and residential facilities with more than 50 workers.

Refresher training is mandatory every five years, with duration varying between 6 and 40 hours depending on the role and sector. The RSPP role carries significant responsibilities, including identifying and assessing risks, collaborating on the DVR (risk assessment document), developing safety measures, proposing training programmes, and participating in the annual safety meeting.

France: Prevention Services and Competent Resources

France takes a collaborative approach to workplace safety competence. Under the Code du Travail, employers must designate one or more employees to carry out occupational health and safety activities. Where this is not possible due to lack of competent employees, the employer must use external competent services.

The 2021 reform (Loi n°2021-1018) transformed the former Services de Santé au Travail (SST) into Services de Prévention et de Santé au Travail (SPST), with enhanced prevention responsibilities. All employers must be affiliated with an SPST, which provides occupational health services including medical surveillance, workplace risk assessment support, and prevention advice.

Risk assessment must be conducted collaboratively with employees responsible for prevention, members of the CSE (employee representatives), and the SPST. This multi-disciplinary approach is mandated by law. External consultants can provide additional specialist expertise but work alongside these internal and institutional resources rather than replacing them.

The European Union Framework

The EU Framework Directive 89/391/EEC establishes the baseline requirement that employers must designate workers to carry out activities related to the protection and prevention of occupational risks. Where competent persons cannot be organised internally due to lack of suitable personnel, employers must enlist competent external services or persons.

Member states implement this requirement through national legislation, leading to the variations seen across countries. The directive establishes principles but allows flexibility in implementation. Common themes include the requirement for adequate knowledge and training, emphasis on internal competence where available, provision for external expertise where internal resources are insufficient, and the employer's ultimate responsibility regardless of whether competence is internal or external.

Other International Approaches

United States

The US does not have a direct equivalent to the UK competent person or Italian RSPP requirement. OSHA's General Duty Clause requires employers to provide a workplace free from recognised hazards, but there is no specific mandate for a designated safety professional. However, many organisations employ safety professionals, and OSHA standards for specific hazards often require "competent persons" for particular tasks such as excavation, scaffolding, and fall protection. Professional certifications such as CSP (Certified Safety Professional) and ASP (Associate Safety Professional) demonstrate competence.

Germany

Germany requires employers to appoint a Fachkraft für Arbeitssicherheit (occupational safety specialist) and an Arbeitsmediziner (occupational physician). The specific requirements depend on company size and risk level. External services are commonly used, particularly by smaller organisations. The DGUV (German Social Accident Insurance) plays a significant role in setting standards and providing guidance.

ISO 45001 Framework

ISO 45001 provides an international framework that organisations can adopt regardless of jurisdiction. It requires organisations to determine the necessary competence of workers (including those doing work under its control) that affects OH&S performance, and to ensure workers are competent on the basis of appropriate education, training, or experience. While ISO 45001 does not prescribe specific roles, it creates a framework for demonstrating competence that is recognised globally.

Advantages of External Health and Safety Consultants

Regardless of jurisdiction, external health and safety consultants offer significant advantages for many organisations. These benefits are recognised across all the regulatory frameworks discussed.

Specialist expertise: External consultants bring deep knowledge of health and safety law, risk assessment methodologies, and industry-specific hazards that may not exist internally.

Fresh perspective: An external view can identify risks and improvement opportunities that internal staff, accustomed to the workplace, may overlook.

Regulatory relationships: Experienced consultants understand how to work effectively with regulatory authorities and can support organisations during inspections or enforcement action.

Cost effectiveness: For many organisations, particularly SMEs, external consultants provide access to high-level expertise without the cost of employing a full-time specialist.

Multi-jurisdictional knowledge: For organisations operating internationally, consultants with experience across multiple countries can ensure consistent standards while meeting local requirements.

Flexibility: External support can be scaled up or down according to need, providing intensive support during projects or audits and ongoing retained advice for day-to-day matters.

Health and Safety Consultants and Software: Supporting International Compliance

Managing competent person requirements across multiple jurisdictions creates significant administrative complexity. Health and safety consultants and software platforms work together to address this challenge, providing integrated systems that can accommodate different national requirements while maintaining consistent overall standards.

Digital platforms can support international competent person management through:

• Centralised document management for risk assessments, policies, and procedures across all locations
• Tracking of competent person appointments, qualifications, and training requirements by jurisdiction
• Automated reminders for refresher training and certification renewals
• Standardised reporting for health and safety audits across the organisation
• Action tracking for improvement programmes and audit findings
• Multi-language support for international operations

How Arinite Can Help

At Arinite, we are experienced international health and safety consultants who act as the competent person for organisations across the UK and worldwide. Our team of Chartered (CMIOSH) consultants provides the expertise, qualifications, and experience that regulators expect, while delivering practical, proportionate advice that works in the real world.

Our services include:

• Competent person services for UK organisations under the Management Regulations
• External RSPP services for organisations with Italian operations
• Health and safety audits across multiple international jurisdictions
• Risk assessment and documentation meeting local regulatory requirements
• ISO 45001 implementation and certification support
• Training programme development and delivery
• Liaison with regulatory authorities and enforcement bodies
• Coordination of safety management across global operations

With experience supporting over 1,500 UK businesses and operations in more than 50 countries, we understand the challenges of managing competent person requirements across different regulatory frameworks. Whether you need a dedicated competent person for UK operations, specialist support for European subsidiaries, or comprehensive safety management across a global portfolio, our approach is practical, proportionate, and focused on keeping your people safe. We call it "Keeping It Simple."