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Outline Map on Competence, Training and Certification

Introduction

1. The attached outline map is intended to give an overview of requirements for competence and training in health and safety legislation. For this purpose it can be regarded as a snapshot, current at the time of drafting but inevitably subject to change, particularly where requirements are about to be driven by EU Directives. The map does signpost some changes which might be updated in the future, for example for requirements for the carriage of dangerous goods. It is based on information provided to Policy Unit by Directorates and Inspectorates and, despite extensive checking, there may be a few omissions.

Presentation

2. The map has been organised under four headings: general health and safety, health hazards, safety hazards and special hazards. The requirements for competence, training and certification are classified in each section within the following groups:

Analysis of map

3. (a) 37 general goal-setting requirements where there is no precise detail of how the requirement should be met, including 5 high risk areas where the employer's arrangements are included in a written plan/report:

(b) 8 instances of general goal-setting requirements qualified by some specific requirements for people or bodies with particular responsibilities e.g. medical personnel for medical surveillance under COSHH and Control of Lead Regulations.

They include current specific requirements for HSE to approve training courses under the Woodworking Regulations which will be replaced by PUWER 1998; 3.

(c) 6 general goal-setting requirements qualified by particularly strong specific guidance, sometimes agreed with industry/sector, for:

(d) 40 specific requirements: including particular requirements for competence, training and certification/qualifications in specified circumstances and statutory requirements to meet a performance standard. Significant findings include:

(e) Although there are strong current voluntary requirements for lift truck operators and chain saw operators, there are no specific requirements in law for the 'Safety Hazards' category in the map which contains regulations on e.g. equipment and machinery.

New legislation e.g. PUWER 1998 and LOLER 1998 4. will have a general, goal setting approach with the exception of chain-saw operators on trees, see page 9 (c).

Footnotes

HSE has not yet taken up the provision in law to approve directly arrangements for competence/training/qualifications

HSE has not taken up the provision in law to approve directly arrangements for competence/training/qualifications

PUWER 1998: Provision and Use of Work Equipment Regulations 1998 will include general requirement for competent persons to inspect work equipment who have necessary theoretical knowledge and experience to detect weaknesses. All workers will be required to be competent before working with equipment.

Lifting Operations and Lifting Equipment Regulations 1998: no significant change in approach to competence

Outline Map on Competence, Training and Certification - Subject Index

(@ 22 OCTOBER 1998)

Subject Index

 

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1. GENERAL HEALTH AND SAFETY

Legislation/ACOP Competence Training Approval, Certification, Permits to Work, licences etc Involved external organisations
General, goal-setting requirements

The Management of Health and Safety at Work Regulations 1992 & ACOP

Employers must appoint competent people to assist them in undertaking measures to comply with the Regs eg in risk assessment, health surveillance, devising and applying protective measures. Competence does not need to depend on particular skills or qualifications

More complex situations will call for specific applied knowledge offered by appropriately qualified specialists.

 

 

Also training for employees to become competent at their jobs (including on recruitment & on being exposed to new/increased risks).

No general approval or accreditation scheme

Competence based qualifications accredited by Qualifications and Curriculum Authority (QCA) and Scottish Qualifications Authority (SQA) useful as a guide. Membership of Prof Bodies requiring qualifications provide an indication of competence

The Health and Safety (Consultation with Employees) Regulations 1996

 

Employers to ensure that employee representatives are trained in their functions under the regulations

   

The Fire Precautions (Sub-surface Railway Stations) Regulations 1989

 

Recorded instruction and training on fire procedures (inc; fire drills) for all working on premises

   

The Health and Safety (Young Persons) Regulations 1997

Young people supervised by competent person

Review of risk assessment to include training of young people

   

The Health and Safety (Safety Signs and Signals) Regulations 1996

Competent personnel for hand signalling
and servicing of electrical fire warning systems

Training in meaning of safety signs & signals and on servicing them

   

 

  Legislation/ACOP Competence Training Approval, Certification, Permits to Work, licences etc Involved external organisations
  Specific requirements: including for competence/training, certification/qualifications and approval

HSE and the Ambulance Services Consortium approve training

The Health and Safety (First-Aid) Regulations 1981 & ACOP/guidance

Employers must provide "suitable persons" (qualified 1st aiders) where appropriate. A person is "suitable" once they have undergone training and received a qualification from an HSE-approved organisation

HSE approved training and qualifications (and re-training)

HSE and its contractor responsible for approval and monitoring of organisations training 1st aiders. HSE sets the criteria for those seeking approval.

The Ambulance Services Consortium contracted by HSE to monitor training organisations

 

The Fire Certificates (Special Premises) Regulations 1976

   

Fire Certificate - includes instruction and training in emergency fire procedures

 

 

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2. HEALTH HAZARDS

  Legislation/ACOP Competence Training Approval, certification, Permits to Work, licences etc Involved external organisations
  General goal-setting requirements

Goal-setting

arrangements for licences

The Asbestos (Licensing) Regulations 1983

Licences for competent employers working with asbestos coating or insulation. Competent supervision of training.

No prescribed standards for licences. General requirement to instruct and train employees where appropriate

HSE approves licences

 
 

The Control of Asbestos at Work Regulations 1987

Competent assessors to examine and test exhaust ventilation systems

Adequate instruction and training for employees and others on the premises exposed to, or working with, asbestos (inc assessors)

No prescribed standards

   
 

Approved Guide to the Classification and Labelling of Substances and Preparations Dangerous for Supply. Accompanying the CHIP Regulations 1994

Person carrying out classification under the Regs must be competent.

     
 

Guide to the Genetically Modified Organisms (Contained Use) Regs 1992, amended 1996

The training and qualifications of people responsible for the GM activity, monitoring and safety to be notified to HSE - but no level of competence is stated. Name of biological safety officer (BSO) should be notified to HSE - BSO may be competent advisor, list of duties suggested, but no levels of competence.

 

Regs require provision of training for all personnel but no mention of what training should be.

   

 

  Legislation/ACOP Competence Training Approval, certification, Permits to Work, licences etc Involved external organisations
  General requirements with some specific requirements for specified people or groups
 

The Control of Substances Hazardous to Health 1994 & ACOP + guidance

+ a number of process/hazard-specific ACOPs which draw on COSHH

Competent persons to conduct health surveillance. The ACOP/guidance refer to roles for medical practitioners, suitably qualified people, responsible people. No specific levels of competence

Competence in conducting a risk assessment and in maintaining, examining and testing control measures

Necessary information, instruction and training on eg risks created by exposure. Helps to ensure competence in a broad sense but not necessarily qualification-based.

Qualifications not laid down

Medical surveillance to be carried out by an EMA/AD.

 
 

The Control of Lead at Work Regulations 1998, ACOP and guidance

Competent person to assess exposure to lead by eg supervisor or manager, occupational hygienist. Competent people to check ventilation equipment and breathing apparatus as necessary.

Adequate instruction and training for employees and others on the premises exposed to, or working with, asbestos (inc assessors) No prescribed standards

Medical surveillance to be carried out by a "relevant" doctor (EMA/AD)

 

HSE criteria for dosimetry service

The Ionising Radiation Regulations 1985 &ACOP/guidance

Employers should appoint Radiation Protection Advisers (RPAs) in certain circumstances. Such persons should be suitably qualified and experienced. RPAs can be individuals or 'corporate bodies'.

Regs also require employers to use an Approved Dosimetry Service to assess radiation doses and to keep dose records

ACOP gives advice on the necessary qualifications etc for RPAs

General requirement for instruction and training to enable employees to meet requirements of regs, eg in radiation protection for particular groups of employees classified in the regulations

HSE has no system to recognise RPAs. Employers must notify HSE of their intention to appoint RPAs

HSE published criteria for Approved Dosimetry Service

 

 

  Legislation/ACOP Competence Training Approval, certification, Permits to Work, licences etc Involved external organisations
  General requirements with specific guidance on training/qualifications

N/SVQs

The Manual Handling Operations Regulations 1992

 

& guidance

Suitable and sufficient risk assessment of manual handling tasks. No duty of competence beyond that in the Management Regs

 

Guidance specifies abilities of those conducting assessments

No separate duty to train under MHOR but risk assessment must consider handlers' need for information and training.

 

Guidance specifies main features of training. Statements of competence can be used to identify shortfalls in training and be embodied in accredited N/SVQs

 

 

 

 

 

 

 

 

N/SVQs

 

The Health and Safety (Display Screen Equipment) Regs 1992 & guidance

Suitable and sufficient analyses of workstations. Guidance specifies abilities required by those making these assessments.

 

Eye tests to be carried out by a competent person. Guidance explains that eye tests may only be given by an optometrist or doctor.

Adequate health and safety training in the use of any workstation to be used

 

 

 

 

Competence requirements for those conducting eye tests are a matter for the Department of Health

Institute of Acoustics

 

(HSE represented on Institute - but no direct HSE approval of competence)

Standards for hearing protection

The Noise at Work Regulations 1989 & guidance

A competent person to bring together and present information about noise exposures to enable the employer to take decisions to comply with the Regs.

 

Competence to undertake noise assessments - skills and knowledge in noise measurement, recording, analysing and presenting results, instrumentation etc more important than formal qualifications.

Suggested training topics for all groups in guidance to the Regs

 

 

[Those exposed to daily noise levels at 85dB(A)+ to be trained in the results of noise exposure, the use of personal ear protectors and when to seek medical advice on hearing loss]

Guidance gives advice on how to choose a competent person eg a certificate of competence in noise & vibration assessment issued by the Institute of Acoustics.

 

Standard IEC TC159: standards for workplace hearing protection

Institute of Acoustics (HSE represented on the Institute's Council, its education committee and sub-committee for competence/certification)

 

Also runs courses in acoustics and noise control.

(HSE represented on standards committee)

 

  Legislation/ACOP Competence Training Approval, certification, Permits to Work, licences etc Involved external organisations
  Specific requirements: including for competence/training, certification/qualifications and approval

Mandatory requirement

through industry self- regulatory scheme

*The Control of Pesticides Regulations 1986 (as amended)

*these are MAFF Regulations

 

 

 

 

 

Certificate of competence (CoC) for some involved in storage, sale, supply or use of agricultural pesticides. Exemption for some users not providing a commercial service. Schedules to the regulations also impose general requirements that:

i) anyone selling, supplying or storing pesticides must be competent to perform their duties; and

ii) users of pesticides or those instructing another person to use a pesticide must have received adequate instruction, training and guidance in the safe, efficient and humane use of pesticides, and be competent to perform their duties.

Training for a CoC consists of a foundation module and further modules on the various application models and equipment.

Also extensive training under BASIS

Use of non-agricultural pesticides does not require a CoC - see page 7

Ministers have recognised the NPTC, SSTS and BASIS CoCs. HSE has had direct input to the design of the NPTC and BASIS courses.

CoCs for storage, sale and supply are issued by the Agrochemical Standards Inspection Scheme (BASIS). CoCs for use are issued by National Proficiency Tests Council (NPTC) and the Scottish Skills Testing Service (SSTS). These are industry self- regulated schemes.

Mandatory requirement

through industry self- regulatory scheme

1. *The Merchants List (Amendment) Order 1994

2. *The Medicines (exemptions for Merchants in Veterinary Drugs) Order 1998

*made jointly by UK Agriculture and Health Ministers

CoC in the safe use of sheep dips. Will become mandatory for anyone supplying or purchasing sheep dips from 31/12/98 (more restricted at present)

CoC not mandatory for users but some do anyway

CoC has test schedule which covers human, animal and environmental safety in planning, preparation, use and disposal of dips. training is available form ATB Landbase, training groups and local colleges

HSE is consulted on the content of the test schedule to ensure full coverage

NPTC & SSTS administer the CoC scheme on behalf of MAFF.

Mandatory requirement

through industry self- regulatory scheme

*The Plant Protection Products (Basic Conditions) Regulations 1997

*these are MAFF Regulations

Mirrors requirements under CoPR

As for CoPR

HSE is consulted on the content of the test schedule to ensure full coverage

NPTC & SSTS administer the CoC scheme on behalf of MAFF.

Mandatory requirement

through industry self- regulatory scheme

*The Code of Practice for the Safe Use of Pesticides on farms and holdings (the "Green Code")

*joint MAFF/HSC publication

Anyone using pesticides must be competent for the duties they are called upon to perform regardless of the requirements for CoCs .

CoCs are sufficient to meet basic training needs. Additional training should be identified by a COSHH risk assessment.

Suitable and sufficient information, instruction and training includes the safe, efficient and humane use of pesticides.

CoC scheme as for COPR

NPTC & SSTS administer the CoC scheme on behalf of MAFF.

 

  Legislation/ACOP Competence Training Approval, certification, Permits to Work, licences etc Involved external organisations
 

The Approved Code of Practice for the safe use of pesticides for non-agricultural purposes (COSHH ACOP)

(covers agricultural pesticides used for non-agricultural purposes.)

Anyone using pesticides must have received suitable and sufficient information, instruction and training regardless of requirements for CoCs and be competent for the duties they are called upon to perform.

Users should receive training in legislation, hazards and risks of pesticides, safe working practices, emergency action, health surveillance and record keeping.

   

Voluntary involvement of professional bodies

*The Ionising Radiation (Protection of persons undergoing medical examinations or treatment) Regulations 1988

*these are DH Regs, mostly enforced by HSE

Employers should ensure the availability of a person who holds a science degree and who is experienced in the application of physics to the diagnostic and therapeutic uses of ionising radiation

Persons who clinically or physically direct medical exposures to ionising radiation should have received "adequate training".

No formal certificate required but must include practical training and tuition leading to competence in radiation protection of patients.

Regs provide for the possibility of institutes or other persons to award degrees or diplomas to provide certificates which will be sufficient to demonstrate compliance with one or both parts of the training requirement.

[HSE has developed Calrad computer assisted learning package]

Six professional bodies have set up schemes to vet the suitability of 'core of knowledge' courses.

eg Dundee University: training for those responsible for exposure to radiation.

 

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3. SAFETY HAZARDS

Legislation/ACOP Competence Training Approval, Certification, Permits to Work, licences etc Involved external organisations
General, goal-setting requirements

The Electricity at Work Regulations 1989

Anyone working on or near electrical systems to be competent, so as to prevent danger or injury

Appropriate technical knowledge and experience (or supervision) - detailed in guidance to the regulations

Electricity supply industry issued the Distribution safety rules : dealing with training, supervision and competence

Electrical installation industry:

N/SVQs

The Electricity Association

 

 

 

e.g. National Inspection Council for Electrical Installation Contracting

The Personal Protective Equipment at Work Regulations 1992

Competence to "properly use" all PPE provided.

Training in the use of the PPE concerned eg on risks avoided by PPE, use/ purpose and maintenance of PPE

   

The Provision and Use of Work Equipment Regulations 1992

(PUWER)

will be replaced by PUWER 1998±

 

 

Reg 9: Adequate training for purposes of health and safety, including training in the methods which may be adopted when using the work equipment, & any risks

   

The Power Presses Regulations

1965

will be revoked under PUWER 1998±

Competent installation of safety devices

Competent people to examine and test power presses

Training to include suitable and sufficient practical instruction in particular type of press etc

   

The Abrasive Wheels Regulations 1970

will be revoked under PUWER 1998±

 

Competence to carry out specified duties

eg under Reg 9 of PUWER - supervision and training

Training for those who mount abrasive wheels. There is a specific breakdown of the principles of dealing with specified hazards at Reg 12 with reference to abrasive wheels

   

The Offices, Shops and Railway Premises (Hoists and Lifts) Regulations 1968

will be replaced by LOLER 1998±

Thorough examination of lifts by a competent person

     

 

  Legislation/ACOP Competence Training Approval, Certification, Permits to Work, licences etc Involved external organisations
 

The Factories Act 1961

*this requirements in the Act will be replaced by LOLER 1998±

Competent persons to

 

- examine thoroughly, hoists, lifts, lifting tackle & machinery.

* inspect lifting equipment between thorough examinations, if appropriate

*to draw up 'examination scheme' for gasholders

 

 

 

 

 

Training under PUWER, Reg 9

   
 

General requirements with some specific requirements for specified people/groups

HSE approval

The Woodworking Machines Regulations 1974

 

will be revoked under

PUWER 1998±

Selected and authorised competent operators required to operate woodworking machines;

 

competent supervisors of woodworking machinists

Requirement to train and instruct

Those under 18 years of age must successfully complete an approved course before operating certain machines (saws, planers, VSMs)

HSE approves training course

(page 19 HS(G)83)

 

City & Guilds;

Rural Development Council; FIRA; RoSPA;

CITB; FTITB;

QCA/SQA (accrediting bodies)

 

General requirements with specific guidance on training/qualifications

Voluntary industry scheme

Rider operated lift trucks- operator training: ACOP and Supplementary Guidance

[revised ACOP will be developed focusing on PUWER 1998± requirement]

Competent operators - experience and training

General duty to train operators under HSWA

 

[in future under PUWER 1998]

Instructors should be trained & certificated in type of lift truck

Voluntary system of certification for operators and instructors developed by HSE and industry

HSC approves four listed bodies CITB , RTITB, AITT and LANTRA who accredit and monitor training providers.

 

[UKAS might manage approval process under arrangements to meet PUWER 1998]

Voluntary industry scheme

Training and standards of competence for people with chain saws: Guidance

 

will be subject to PUWER 1998 requirements

There will be one more specific requirement in the ACOP for chain-saw operators specifying that those working with trees must hold an appropriate training certificate (the current voluntary scheme might be accredited through UKAS)

General duty to train chainsaw operators under MHSW

 

[PUWER 1998 will specify that those working with trees must hold an appropriate training certificate]

Voluntary competence award scheme (VCA) - developed through pressure from forestry industry

 

[ACOP for new arrangements under PUWER 1998 will require National Proficiency Test Council award or certificated unit of NVQ)

NPTC

 

LANTRA NTO Ltd;

Forestry and Arboriculture; Safety and Training Council (FASTCo);

Edexcel Foundation;

Scottish Skills Testing Service (SSTS); and

Scottish Qualification Authority (SQA)

 

±PUWER 1998: Provision and Use of Work Equipment Regulations 1998 will include general requirement for competent persons to inspect work equipment who have necessary theoretical knowledge and experience to detect weaknesses. All workers will be required to be competent before working with equipment.

 

The associated ACOP for chain-saw operators will give a more specific requirement for those operating on trees. Woodworking ACOP will require training for operators and those who assist in the machining process. It will specify training to include general instruction, machine specific instruction and familiarisation training.

 

±LOLER 1998: Lifting Operations and Lifting Equipment Regulations 1998  [no significant change in approach to training/competence]

 

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4. SPECIAL HAZARDS part 1

  Legislation/ACOP Competence Training Approval, certification, Permits to Work, licences etc Involved external organisations
  General, goal-setting requirements
 

Agriculture (avoidance of accidents to children) Regulations 1958 (ACOP) [Under review]

Competent instruction of children

Children must be adequately instructed and trained

   
 

The Borehole Sites and Operations Regulations 1995 & guidance

Competent management and supervision of borehole sites.

Competent operators with adequate theoretical knowledge and relevant experience of particular type of borehole site

Competent examination, testing and site maintenance

Sufficient training, experience or knowledge and other qualities to be competent

Permit to work system required for borehole operations no direct ref to training or competence.

 

Safety reports

demonstrate training etc

Under COMAH MAPPS will include recruitment of competent personnel

*The Control of Industrial Major Accident Hazards Regulations 1984

 

 

*will be overtaken by

COMAH 99 Regs

Competent management of major hazard activity (including deputies)

 

 

 

The COMAH regs will require major accident prevention policy statement (MAPPS) to include arrangements for the recruitment of competent personnel

Safety report must show how duties have been assigned to staff who have the appropriate experience , training and qualifications.

 


MAPPS will include arrangements for identifying and meeting the training needs of competent personnel

   
 

The Carriage of Dangerous Goods by Rail Regulations 1996

Competent person to examine and test tanks

Train crews and others to receive training on dangers of goods being carried and duties under HSWA.

   

 

Legislation/ACOP Competence Training Approval, certification, Permits to Work, licences etc Involved external organisations

The Construction (Lifting Operations) Regulations, 1961

will be replaced by LOLER 1998

Test and thorough examination of lifting appliances and lifting equipment to be carried out by a competent person.

Competent person to operate lifting appliances and to operate signals.

Lifting appliances operated by trained and competent person.

Competent person to give signals to lifting appliance operator.

General duty to train all construction plant operators under MHSW. Specific requirement that lifting appliance operators be trained under these regulations.

Voluntary training and certification scheme ( Construction Training Accreditation Scheme) with compulsory refresher training at 5 yearly intervals for operators - developed by industry.

NB: scheme covers all construction plant

CITB and their accredited training providers.

The Construction (Health, Safety and Welfare) Regulations 1996

 

Certain activities must be supervised by a competent person these are:

- installation or erection of scaffolding and any personal suspension equipment or any means for arresting falls;

- demolition or dismantling;

- installation, alteration or dismantling of any support for an excavation;

- construction, installation, alteration or dismantling of a cofferdam or caisson;

- use of any vessel used to convey people by water to their place of work.

Certain places of work (working platform; personal suspension equipment; excavations; cofferdams or caissons). have to be inspected by competent persons at specified intervals.

Where a person requires training, technical knowledge or experience in order to reduce the risk of injury then that person must possess that training, technical knowledge or experience or be under the supervision of a person that possesses them.

Voluntary training provided by the CITB ranging from site managers course, Demolition managers course, scaffolding and advanced scaffolding courses along with NVQs and the Construction Skills Certification Scheme (CSCS).

CITB and their accredited training providers, Trade Associations and professional bodies.

 

Legislation/ACOP Competence Training Approval, certification, Permits to Work, licences etc Involved external organisations

The Construction (Design and Management) Regulations 1994 and ACOP

Clients who appoint an agent to act as client are required to be reasonably satisfied that the agent is competent to perform the duties of the client.

Clients should be reasonably satisfied that any person they appoint as planning supervisor has the competence to perform the duties under the regs in respect of that project.

Any person who arranges for a designer to prepare a design should be reasonably satisfied that they have the competence to prepare that design.

Any person who arranges for a contractor to carry out or manage construction work should be reasonably satisfied that they have the competence to carry out or manage that work.

Principal contractor responsible for ensuring, so far as is reasonably practicable, that contractors provide their employees with any training requirements by virtue of MHSW.

ACOP sets out some issues to consider when enquiring about a persons knowledge & ability to fulfil their duties under the regs and thus demonstrate competence. E.g. membership of a relevant professional body, qualifications of employees, knowledge of health and safety issues, familiarity with construction process etc. Also "A Guide to Managing Health and Safety in Construction" by CONIAC has an appendix on competence and provision for health and safety.

CITB, CONIAC & its TEWP, Professional Institutions and Associations, Construction Industry Council (CIC ), Construction Industry Research and Information Association (CIRIA)

A guide to the Loading and Unloading of Fishing Vessels Regulations 1988

Competent operation and testing of equipment (knowledge and practical experience)

     

 

  Legislation/ACOP Competence Training Approval, certification, Permits to Work, licences etc Involved external organisations
 

A guide to the Pipelines Safety Regulations 1996

(refers to onshore and offshore pipelines)

Competent managers for management systems

Competent people outside management should audit all systems for eg major hazard emergencies

     
 

The Offshore Installations (Operational Safety, Health and Welfare) Regulations 1976

will be replaced by LOLER 1998

Competent person to examine and test lifting equipment

     
 

The Offshore Installations and Wells (Design and Construction etc) Regulations 1996

Well examination schemes to be conducted by independent and competent persons

None specified in law or guidance

   

Safety case demonstrates competence/ training of staff

The Offshore (Safety Case) Regulations 1992 (as amended)

Safety case to demonstrate that management system is adequate to ensure that the relevant statutory provisions will be complied with

Safety critical tasks should be analysed to determine the demands on personnel in terms of perception

Abandonment: management system to include appointment of competent contractors.

Independent and competent persons to verify an installation's safety-critical elements.

Competence is defined in guidance only - eg "suitably qualified staff", "professional judgement". Dutyholder responsible for assessing competence of staff.

     

 

Legislation/ACOP Competence Training Approval, certification, Permits to Work, licences etc Involved external organisations

The Offshore Installations (Safety Representatives and Safety Committees) Regulations 1989

 

Dutyholder to ensure that safety reps are provided with training in their functions as safety reps

   

The Pressure Systems and Transportable Gas Containers Regulations 1989

Competent person (either the employer or an employee) to prepare and to be responsible for written scheme of examination for all pressure systems, also by competent personnel

Competence demonstrated through skills, knowledge and experience

   

The Stratified Ironstone, Shale and Fireclay Mines (Explosives) Regulations, 1956

Competent control of explosives etc stores

Competence demonstrated through skills, knowledge and experience

appointed by the Mine Manager

 

The Quarries Order, 1956

Competent inspection of working places, access roads, surfaces and equipment

     

The Quarries (Ropeways and Vehicles) Regulations, 1958

Competent supervision of vehicle loads etc 

     

The Quarry Vehicles Regulations 1970

Competent training of drivers

     

The Quarries (Explosives) Regulations 1988

Competent managers and shotfirers

practical training, knowledge and experience to be demonstrated as competences

   

The Shipbuilding and Ship-repairing Regulations, 1960

 

Competent persons required to inspect repairs, planking and staging etc

Competent inspection of lifting appliances and other gear [will be replaced by LOLER 1998]

     

 

  Legislation/ACOP Competence Training Approval, certification, Permits to Work, licences etc Involved external organisations

The Shipbuilding (Lifting Appliances etc. Forms) Order 1961

Competent examination of lifting appliances, loads etc [will be replaced by LOLER 1998]

     

Safety cases demonstrate competence of staff

The Railways (Safety Case) Regulations 1994

 

 

 

 

 

 

Guidance

Safety Cases must demonstrate that the dutyholder has adequate arrangements for ensuring the competence of his employees with respect to their impact on managing risks in rail operations and related construction maintenance matters.

Guidance says that risk assessment should determine the requirements for competence and the means of acquiring it. Guidance on managing contractors work says that there should be arrangements for ensuring contractors are competent and adequately trained.

No mention in the Regs, though training is mentioned in the Guidance.

Various industry schemes are ‘required’ by Railtrack, London Underground etc.

Rail Industry Training Council (RITC) schemes, companies own schemes, Rail network schemes eg Personal Track Safety (Railtrack)

Provision for HSE to approve not taken up so far - although some schemes have been submitted 

.

The Railways (Safety Critical Work) Regulations 1994 & ACOP & Guidance

Employers to ensure that employees undertaking safety critical work (eg drivers) are competent and to keep records of any competence assessments.

General guidance on how employers should assess competence mentions personal qualities, industry-recognised training and performance requirements, S/NVQs etc.

[New guidance in preparation]

No mention in the Regulations, though training is mentioned in the guidance and need for training as part of gaining competence is implied.

 

HSE could approve employers' schemes for assessing competence and standard to be attained (but has not yet done so).

 

Railway Industry Training Council is the National Training Organisation for railway related S/NVQs

 

  Legislation/ACOP Competence Training Approval, certification, Permits to Work, licences etc Involved external organisations
 

General requirements with specific guidance on training/qualifications

 

Voluntary industry scheme

The Work in Compressed Air Regulations 1996 and Guide

Competent supervision of work in compressed air - also competence requirements for medical assistance and contractors. Guide lists competent personnel

HSE developed detailed guidance on training through working with industry and professional external experts

   

 

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5. SPECIAL HAZARDS part 2

  Legislation/ACOP Competence Training Approval, certification, Permits to Work, licences etc Involved external organisations
  General requirements with some specific requirements for specified people/groups
 

The Dangerous Substances in Harbour Areas Regulations 1991

Competent master of harbour craft

Approval for carriage by a recognised person (by a classification society) or naval architect

Qualifications, training and experience

Naval architect/ recognised classification society

Recognised classification society

OPITO

(N/SVQs)

The Offshore installations and Pipeline Works (Management and Administration) Regulations 1995

Competent persons to manage installation

Written permit given by competent person authorised by, or on behalf of the dutyholder

Competent personnel to use communications equipment

Competent person to be helicopter landing officer

 

 

 

Permit to work

OPITO accreditation & training bodies

OPITO

(N/SVQs)

The Offshore Installations (Prevention of Fire and Explosion, and Emergency, Response) Regulations 1995

Competent persons to take command in emergency + sufficient competent persons to carry out emergency duties

Competent personnel to implement fire and explosion prevention procedures

Personnel to be competent to operate emergency communications equipment, personnel staffing controls to be competent and SBV crews to be competent

Competent person to examine plant

Emergency training for all installation personnel

 

 

To provide adequate training

 

OPITO accreditation and training bodies

 

  Legislation/ACOP Competence Training Approval, certification, Permits to Work, licences etc Involved external organisations
  Specific requirements: including for competence/training, certification/qualifications and approval

Approval by Adventure Activity Licensing Authority

[N/SVQs & EU quals]

Guidance to the licensing authority on the Adventure Activities Licensing Regulations 1996 : The Activity Centres (Young Persons' Safety) Act 1995

Competent advice on safety - including technical qualifications and practical experience

Competent instructors and assessors

 

Licensees must provide providers with list of appropriate qualifications at all staff levels, this might include S/NVQs and those of EU/other nations

Adventure Activity

Licensing Authority

[Although approved by HSE, DfEE has policy and management responsibility for the scheme]

HSE and Consultative Board on Diver Training approve

The Diving at Work Regulations 1997

Competent divers and supervisors to have adequate knowledge and experience of diving techniques

All people involved in diving project have to be competent.

Police divers not under regs (until 1/1/99?); training etc carried out in-house by 1 of 2 police diving schools. MOD divers - HSE accepts their internal arrangements for competency etc

Divers must have a qualification approved by HSE that is relevant and sufficient for the work to be undertaken This may involve training.

HSE issues certificate for HSE courses

Diver Training organisations awarding qualifications on HSE approved list

 

 

 

 

 

HSE approves certificates

The Docks Regulations 1988

ACOP and Guidance

 

 

 

 

 

 

 

 

(a) Competence for certifying vessels and lifting equipment etc.
(b) Competence of drivers and operators of lifting appliances etc (properly licensed) includes medical fitness.
(c) Competent people for inspection, testing and certifying drivers, vehicles cranes and equipment.
Competent people must have theoretical knowledge and experience of specific area eg cranes or confined spaces.

 

 

Suitable course of training for (b) by competent instructor

Records of training

Boatman's licence for those in charge

 

 

 

 

Certificate approved by HSE in some instances

 

 

  Legislation/ACOP Competence Training Approval, certification, Permits to Work, licences etc Involved external organisations

Approval by CORGI

The Gas Safety (Management) Regulations 1996

 

 

Guide

 

 

 

 

Employees must be competent in health and safety

Investigations to be carried out by competent people

CORGI registration needed for gas transporters and emergency service providers for work on gas fittings and installation pipe work

Safety case includes competence of operatives

Standards of training in ACOP.

 

 

 

 

 

CORGI

Approval by CORGI

The Gas Safety (Installation and Use) Regulations 1994

Only competent people can undertake work on a gas fitting, storage and installation of pipe work etc

CORGI registration also needed for eg annual checks of gas appliances

Standards of training in published ACOP.

 

CORGI

 

  Legislation/ACOP Competence Training Approval, certification, Permits to Work, licences etc Involved external organisations

UKAS assesses competence for HSE approval

The Carriage of Dangerous Goods (Classification, Packaging and Labelling and Use of Transportable Pressure Receptacles 1996 (CDGCPL2)

Plus guidance on CDGCPL2

[*tprs]

Before 1/1/99 Competent person to examine tprs at appropriate intervals to ensure they are safe

† We are currently consulting on changing this date to 1/1/2001

 

Before 1/1/99 Tprs to be verified by a person approved by HSE. UKAS assesses competence to meet criteria agreed with HSE

[‡ "Approved persons" carry out similar functions to "competent persons" - HSE issues certificates for "approved person"]

UKAS

UKAS assesses competence for HSE approval [from 1/1/99approved person/body may accredit quality assurance scheme]

The Carriage of Dangerous Goods (Classification, Packaging and Labelling and Use of Transportable Pressure Receptacles (CDGCPL2)

Plus guidance on CDGCPL2

Continued

From1/1/1999† No specific requirements in regulations for competent persons but rather for "approved persons"‡.

Manufacturers of tprs to have technical expertise and other suitable means required for manufacture of tprs

[‡ "Approved persons" carry out similar functions to "competent persons" - HSE issues certificates for "approved person"]

 

From1/1/1999† Tprs to be tested and examined by persons approved by HSE‡ [or under a quality assurance scheme accredited by approved person] to ensure they conform with approved standard/specification for design type. Approved person‡ also required to continue to examine tprs at specified intervals.

HSE approves persons whose competence has been assessed by UKAS in accordance with standards contained in EN45000.

UKAS

UKAS advises DETR

The Carriage of Dangerous Goods by Road 1996 (CDGRoad) plus guidance on CDGRoad

Before 1/1/1999†, competent person to:
- initially certify suitability etc of tanks
- periodically examine tanks in accordance with a written scheme prepared by a competent person;

† We are currently consulting on changing this date to 1/1/2001

 

After 1/1/1999†, the competent authority (CA), or a person approved by the CA to certify designs for construction of tanks, to meet Approved Tank Requirements (ATR)

DETR is the competent authority which appoints approved person/body on the advice of UKAS which assesses competence.

 

 

  Legislation/ACOP Competence Training Approval, certification, Permits to Work, licences etc Involved external organisations

DETR approves City & Guilds to run training scheme for drivers carrying specified classes of dangerous goods

The Carriage of Dangerous Goods (Driver Training) Regulations 1996
plus guidance

 

All drivers of vehicles carrying dangerous goods to receive adequate instruction and training on dangers of goods being carried, their duties under HSWA and carriage of dangerous goods regulations.
But drivers of vehicles carrying specified classes of dangerous goods to obtain vocational training certificate (VTC) by completing training and passing examination - both approved by the CA.

 

 

 

 

 

 

 

VTC valid for 5 years

 

 

 

 

 

 

 

 

 

DETR (as CA) approves training and exams and appoints City & Guilds to carry out day-to-day running of driver training scheme.

 

DETR will approve City & Guilds to run training scheme for drivers

The Carriage of Explosives by Road Regulations 1996

[See The Carriage of Dangerous Goods (Driver Training) Regulations for drivers]

 

Competent person required to stay with a parked vehicle carrying explosives.

Competent person who is at least 18 years of age to supervise any person under that age on a vehicle who is carrying explosives.

General training requirements for employees whose responsibilities are concerned with carriage of explosives.
[to be included in the amending regulations now being proposed]
For drivers see entry on The Carriage of Dangerous Goods (Driver Training) Regulations

   

DETR will approve SQA to run approved exam
[From 31.12.99]

Proposed Transport of Dangerous Goods (Safety Advisers) Regulations (TDGSA)

 

Qualified safety advisers to be appointed by 31.12.99
Before appointment, safety advisers to obtain VTC by completing training and passing examination both of which are approved by the CA.

VTC appropriate to mode of transport (road, rail or inland waterway) and type of dangerous goods transported. Validity of VTC is 5 years

DETR as CA appoints

Scottish Qualifications Authority to carry out day-to-day running of approved exam

(VTC recognised across EU)

 

  Legislation/ACOP Competence Training Approval, certification, Permits to Work, licences etc Involved external organisations
Future changes to carriage of dangerous goods regulations     From 1/6/99, everyone (other than drivers of vehicles carrying dangerous goods) to receive training on the requirements governing the transport of dangerous goods appropriate to their responsibilities and duties.    
HSE approval of qualifications The Offshore Installations and Pipeline Works (First-aid) Regulations 1989 Suitable persons to provide first-aid, treatment and health advice, supervised by "suitably qualified medical practitioners Training and qualifications of suitable persons to be approved by HSE Statutory approval Approved training organisations
HSE approves qualifications /certificates from Mines Qualifications Board The Management and Administration of Safety and Health at Mines Regulations 1993 (MASHAM) Managers and supervisors of mines must be suitably qualified and competent Inspection of workplaces, testing/examination of plant, firing of explosives and operation of machinery must be by competent persons appointed in writing by the Mine Manager. Survey of mines must be by a competent surveyor appointed by the mine owner. Trainers must be competent to train and in the field Mine management and supervisory staff are required to have qualifications approved by HSE. The 15 designated posts are listed in Appendix 1 to MASHAM Mines Qualification Board (MQB) Certificates for mines of coal, shale and fireclay;

for other mines, competence assessed by the owner

The statutory academic qualifications are issued by Universities, Colleges, etc .

Experience/ competence is verified by a Mine Manager.

First aid certificate First-aid at mines : Health and Safety (First-Aid) Regulations 1981 Sufficient qualified and competent persons for first aid eg Underground Supervisors, qualified occupational health physician, or nurse Underground Supervisors are required by statute to have an up to date first aid certificate. "Up to date First Aid Certificate" St Johns Ambulance Service, or similar organisation

 

  Legislation/ACOP Competence Training Approval, certification, Permits to Work, licences etc Involved external organisations

Approved training by National Rescue Service

The Escape and Rescue from Mines Regulations 1995 & ACOP

Competent suitably experienced person in charge of emergency accommodation, testing equipment and rescue procedures (through eg National Rescue Scheme). Competent suitably qualified rescue officers.
Competent examining medical practitioners at scene of rescue must have occupational health qualification

Competent trainers to train rescue teams on use of breathing apparatus

Experience and training of instructors in rescue work eg breathing apparatus
Self-rescuer training

 

 

 

Use of breathing apparatus

Certificates of proficiency

National Rescue Service

Faculty of Occupational Medicine of the Royal College of Physicians

HSE/MQB

The Coal and Other Mines (Explosives) Regulations 1993

Only competent personnel for shotfiring and handling explosives

Must have completed the required training courses and gained experience under supervision.

MQB Certificate (See MASHAM)

Mines Qualification Board (MQB)

Mine manager approves (under MASHAM)

The Mines (Shafts and Winding) Regulations 1993

The Mine Manager is required by statute to appoint, in writing, competent people to supervise, install, operate and test winding apparatus in a mine shaft etc

Training and experience is required and is assessed by the Mine Manager as part of the statutory appointment.

Appointed in writing by the Mine Manager

 

Mine manager approves

 

 

 

 

 

 

 

Approved professional engineers

The Mines and Quarries (Tips) Regulations 1971

1. Mine Manager is required by statute to appoint in writing a "Tip Supervisor"; also competent people for tipping operations and weekly inspection of the site. Includes requirements for competent person to report on continued security of tip, inspect closed tips and to report on their stability.

2. Tip site must be examined/audited by an independent professional civil engineer every 2 years.

1. Experience and training of the Tip Supervisor assessed by the Mine Manager.

 

 

 

 

 

 

2. Professional Civil Engineer by a Chartered Institution (e.g. I.C.Engs)

1. Written Appointment by the Mine Manager

 

 

 

 

 

 

 

2. Certification by Institution.

 

 

 

 

 

 

 

 

 

2. Institution of Civil Engineers

 

  Legislation/ACOP Competence Training Approval, certification, Permits to Work, licences etc Involved external organisations

Mine manager approves (MASHAM)

The Coal and Other Mines (Ventilation) Order, 1956

Determining firedamp

Training/experience assessed by the Mine Manager as part of the statutory appointment in writing

appointed by the Mine Manager in writing under MASHAM

 

"

The Coal Mines (Firedamp Drainage) Regulations, 1960

Firedamp drainage systems

Training/experience assessed by the Mine Manager as part of the statutory appointment in writing

appointed by the Mine Manger in writing under MASHAM

 

"

The Miscellaneous Mines (Explosives) Regulations, 1959

Shotfirers

Explosives storage

Training/experience assessed by the Mine Manager as part of the statutory appointment in writing

appointed by the Mine Manger in writing under MASHAM

 

"

The Coal and Other Mines (Shafts, Outlets and Roads) Regulations, 1960

Examination of shafts etc
Banksmen and onsetters
Trains below ground

Training/experience assessed by the Mine Manager as part of the statutory appointment in writing

appointed by the Mine Manger in writing under MASHAM

Shafts previously covered by Shafts and Winding Regulations 1993.

"

The Coal and Other Mine (Shafts, Outlets and Roads) (Amendment) Regulations 1968

Examination of shafts and outlets etc

Training/experience assessed by the Mine Manager as part of the statutory appointment in writing

appointed by the Mine Manger in writing under MASHAM

Shafts previously covered by Shafts and Winding Regulations 1993.

"

The Coal Mines (Cardox and Hydrox) Regulations, 1956

Priming shells , firing heads etc

Training/experience assessed by the Mine Manager as part of the statutory appointment in writing

appointed by the Mine Manger in writing under MASHAM

 

"

The Coal and Other Mines (Safety-Lamps and Lighting) Order, 1956

Inspection of safety lamps and detectors

Training/experience assessed by the Mine Manager as part of the statutory appointment in writing

appointed by the Mine Manger in writing under MASHAM

 

Mine manager approves (MASHAM)

The Coal and Other Mines (Fire and Rescue) Order, 1956

Emergency and fire arrangements

Training/experience assessed by the Mine Manager as part of the statutory appointment in writing

appointed by the Mine Manger in writing under MASHAM

 

 

  Legislation/ACOP Competence Training Approval, certification, Permits to Work, licences etc Involved external organisations

Mine manager approves (MASHAM

 

The Coal and Other Mines (Sidings) Order, 1956

The Coal and Other Mines (Locomotives) Order, 1956

Trains for conveying workers

 

Competence to operate locomotives

 

appointed by the Mine Manger in writing under MASHAM

 

"

The Mines (Safety of Exit) Regulations 1988 & ACOP

Inspection and operation of auxiliary apparatus and equipment

Training/experience assessed by the Mine Manager as part of the statutory appointment in writing

appointed by the Mine Manger in writing under MASHAM

 

"

The Coal Mines (Respirable Dust) Regulations 1975

Supervision of dust sampling etc

Training/experience assessed by the Mine Manager as part of the statutory appointment in writing

appointed by the Mine Manger in writing under MASHAM

 

"

Shafts and winding in mines : ACOP on the Mines (Shafts and Winding) Regulations 1993 under Section 16 of the Health and Safety at Work etc. Act 1974

Examination and installation of shafts, outlets and winding apparatus etc

Training/experience assessed by the Mine Manager as part of the statutory appointment in writing

appointed by the Mine Manger in writing under MASHAM

 

Provision for HSE to approve not taken up

The Nuclear Installations Act 1965

Conditions for Nuclear Site Licences require licensees to make and implement arrangements to ensure that only suitably qualified and experienced persons perform duties which may affect safety. Duly Authorised Persons may also be appointed to control and supervise operations which may affect safety.

Conditions also require the licensee to make and implement adequate arrangements for training of all those who have responsibility for any operations which may affect safety.

Although there is provision for HSE to directly approve arrangements under licence conditions this is not currently taken up. Preferred goal-setting approach puts the onus on licensees to continually review training arrangements etc.

 

Updated 2012-06-07