Competence

CDM 2007 competence is about being able to do your work safely, not endanger others and meet the legal health and safety requirements. There is justifiable emphasis on competence, because competent people are generally recognised as safer.

The duties in the Regulations work both ways. People making appointments have to take reasonable steps to make sure those appointed are competent for what they are expected to do. Likewise, those accepting such appointments should only do so if they are competent to undertake the activity.

To be competent an organisation or individual must have:

• sufficient knowledge of the tasks to be undertaken and the risks involved
• the experience and ability to carry out their duties in relation to the project, to recognise their limitations and take appropriate action to prevent harm to those carrying out construction work, or those affected by the work

Competence develops over time. Individuals develop their competence through a mix of initial training, on-the-job learning, instruction, assessment and formal qualification. In the early stages of training and experience, individuals should be closely supervised. As competence develops, the need for direct supervision should be reduced.

If you are engaging a person or organisation to carry out construction work for you, then you need to make a reasonable judgement of their competence based on evidence. The evidence will usually be supplied to you by the person or organisation quoting or bidding for the work. 

There are many industry card schemes which can help in judging competence. However, the possession of a card by an individual is only one indication of competence. You are expected to make efforts to establish what qualifications and experience the cardholder has.

For basic construction trades, such as bricklayers, carpenters and painters and decorators, the achievement of a National Vocational Qualification (NVQ) (or SVQ in Scotland) Level 2 qualification or higher will ensure a level of competence in line with the requirements of the Regulations.

The Construction Industry Training Board – Construction Skills (CITB – CS) Health and Safety Test, a computer-based multiple choice test for a basic level of health and safety knowledge, provides a good way of making sure new entrants have a threshold knowledge of health and safety. In other sectors, schemes such as the two-day Client / Contractor National Safety Group (CCNSG) course in the engineering construction sector provide an equivalent mechanism.

Possession of a Construction Skills Certification Scheme (CSCS) card does at least signify that the holder has passed the CS Health and Safety Test, or an equivalent basic test of health and safety awareness. However, employers need to be careful that the trade or work occupation on the card matches the work activity to be carried out, and that the actual level of qualification, experience and training of the individual is sufficient.

Where less experienced staff are engaged to carry out construction work, additional supervision must be provided to make sure adequate risk control is achieved.

There is no legal requirement to have a card before you carry out construction work. However, all the major contractors who are members of UKCG, the UK Contractors Group, have agreed that workers on their site must have a CSCS card. The law allows principal contractors to set site rules all workers are expected to follow. Many other contractors have now followed this practice.

The law does require anyone carrying out construction work to be competent to carry out their tasks safely. This means anyone using plant or equipment, working at height or in any hazardous situation, should be trained before they start work.

Training is an important part of competence but is not enough on its own. An employer can carry out basic training in-house. The employer must demonstrate they have an appropriate training system in place, and that learning is assessed against nationally recognised standards. Trainers, assessors and testers employed in-house should, where practicable, be accredited or scrutinised by an independent organisation.

To make sure that an individual’s knowledge is up to date, they should undertake refresher training.

The employer, or self-employed operator, is responsible for making sure that when an individual moves from one job to another, particularly where there is increased risk, they are familiar with the tasks involved. This is particularly important during the transition phase between initial training and full competence.

Where an individual has demonstrated their competence through independently verified assessments in the workplace, but has not undergone formal training, the legal requirement for training under Regulations such as PUWER regulation 9, will be deemed to have been met. The outcomes of training are the key indicator, not the simple fact of attending a training course.

The Construction Skills Certification Scheme (CSCS) card is the industry's largest scheme, covering 220 occupations including trades, technical, supervisory and management.

CSCS cards list the holder’s qualifications and are valid for either three or five years. It also shows they have health and safety awareness as all cardholders have to pass the appropriate Construction Industry Training Board – Construction Skills (CITB – CS) Health and Safety Test.

The quickest and easiest way to apply for a CSCS card is to call: 0844 576 8777.

The operator will:

• ask for your occupation, name, date of birth, home address and National Insurance number
• talk to you about your current job, your past experience, whether you have any qualifications and if you belong to a professional body
• agree with you which CSCS card you should apply for and which health and safety test you need to book
• tell you whether you need any additional qualifications or training to apply for a CSCS card
• confirm whether you need to send any paperwork with your completed and signed application form
• ask for details of your credit or debit card to pay the £30 fee for your CSCS card
• send you an application form to complete and return

The National Construction College offers free professional advice on finding the right training for you and your company. Ring 0344 994 4433 or search for a course online at the construction skills website.