Competent Person Requirements: who OSHA holds responsible, task by task
Dozens of OSHA construction standards don't just require a safe scaffold or a shored trench — they require a specific person to be responsible for it. A competent person must be able to spot the hazard and hold the authority to fix it on the spot. Name the wrong person, or fail to show the record, and the inspection turns on it. On a shared jobsite a second layer applies: the multi-employer citation doctrine decides which employer's role — creating, exposing, correcting, or controlling — can be cited for a given hazard. This page maps both, with the CFR paragraph for each.
Verified against osha.gov · July 23, 2026
At a glance
Competent person
Can identify existing and predictable hazards AND is authorized to take prompt corrective measures to eliminate them
1926.32(f)The two elements
Knowledge is not enough — the person must also hold the authority to stop work and correct the hazard
1926.32(f)Qualified person
A recognized degree/certificate/professional standing, or extensive knowledge and experience, to solve problems in the subject matter
1926.32(m)Scaffolds
A competent person inspects before each shift and supervises erection, moving, and dismantling
1926.451(f)(3)Excavations
A competent person inspects daily and as conditions change, with authority to remove workers
1926.651(k)Multi-employer site
Four roles — creating, exposing, correcting, controlling; a controlling employer is held to reasonable care, not strict liability
CPL 02-00-124 (Multi-Employer Citation Policy)What OSHA means by “competent person”
The definition is one sentence, and both halves matter. Miss either and the designation fails.
“One who is capable of identifying existing and predictable hazards in the surroundings or working conditions which are unsanitary, hazardous, or dangerous to employees, and who has authorization to take prompt corrective measures to eliminate them.”
Knowledge
Genuine ability to recognize the existing and predictable hazards of the specific work — not a generic safety awareness.
Authority
The employer's authorization to stop the work and correct the hazard on the spot. A worker who must “go ask the boss” is not a competent person.
Competent person vs. qualified person
OSHA defines the two terms separately, and standards call for one or the other deliberately. They are not synonyms.
| Competent person | Qualified person | |
|---|---|---|
| Defined by | Ability to identify hazards + authority to correct them | Recognized degree/certificate/standing, or extensive knowledge & experience |
| CFR | 1926.32(f) | 1926.32(m) |
| Typical role | Inspect the scaffold/trench, stop work, fix the hazard | Design a fall-arrest system, make an engineering judgment |
| Key element | Authority to correct on the spot | Expertise in the subject matter |
Definitions per 29 CFR 1926.32(f) and (m). Some activities require both a competent and a qualified person.
Where a competent person is required
A designation, not a job title. These are the construction activities whose standard names a competent person — each with a duty and a CFR paragraph.
| Activity | Competent-person duty | CFR |
|---|---|---|
| Scaffolds | Inspect for visible defects before each work shift and after any event affecting integrity; supervise erection/dismantling | 1926.451(f)(3) |
| Excavations & trenching | Inspect the excavation, adjacent areas, and protective systems daily and as conditions change; remove workers if hazardous | 1926.651(k) |
| Fall protection | Identify fall hazards and supervise the fall-protection plan; a competent person is named where a plan is used | 1926.502(k)(4) / 1926.503(a)(2) |
| Cranes (Subpart CC) | Inspect the crane each shift for deficiencies before or during first use | 1926.1412(d) |
| Ladders | Inspect ladders periodically and after any incident that could affect safe use | 1926.1053(b)(15) |
| Rigging & slings | Inspect each sling and its fastenings and attachments for damage or defects each day before use, and again during use where service conditions warrant | 1926.251(a)(6) |
Not exhaustive — other standards (steel erection, demolition, concrete/masonry) also name a competent person. Verify the standard for your activity.
The other layer: your role on a multi-employer site
On a shared jobsite, responsibility for a hazard isn't only the exposed employer's. OSHA's Multi-Employer Citation Policy (OSHA Directive CPL 02-00-124 (Multi-Employer Citation Policy), effective December 10, 1999) recognizes four roles — and any employer whose role fits a hazard can be cited.
Creating employer
The employer that created the hazardous condition — cited even if its own employees aren't the ones exposed.
Exposing employer
The employer whose own employees are exposed to the hazard.
Correcting employer
The employer responsible for correcting the hazard — often the subcontractor engaged to install or repair the safety measure.
Controlling employer
The employer with general supervisory authority over the site (typically the GC/CM) — held to a reasonable-care standard, not the same degree of care as the creating or exposing employer.
Controlling ≠ strict liability. A controlling employer (typically the GC) is held to a reasonable care standard — reasonable diligence to detect and correct violations, not a guarantee. The Fifth Circuit upheld this in Acosta v. Hensel Phelps Construction Co., 909 F.3d 723 (5th Cir. 2018) — a three-judge panel decision. Map your role with the Responsibility Matrix, and see subcontractor safety for the shared-site workflow.
A designation you can't produce is a designation you don't have
When an inspector asks “who inspected this scaffold, and what makes them competent?”, the answer has to be a record, not a name someone remembers. The same is true across sites: which person is designated for which activity, and which role your company carries on each job.
This is what HazComFast keeps together
Who is designated as the competent (or qualified) person for each activity and site, the basis for it, the dated inspections they sign off, and your employer role per project — one organized, timestamped record you can produce on demand instead of reconstructing after the fact.
Key facts
- A competent person is defined by 29 CFR 1926.32(f) as one capable of identifying existing and predictable hazards AND authorized to take prompt corrective measures to eliminate them — knowledge plus authority, not one or the other.
- A qualified person (1926.32(m)) is defined differently — by a recognized degree, certificate, professional standing, or demonstrated ability to solve problems in the subject matter. Some standards require a qualified person, others a competent person; they are not interchangeable.
- Scaffolds (1926.451(f)(3)), excavations (1926.651(k)), cranes (1926.1412(d)), ladders (1926.1053(b)(15)), and rigging (1926.251(a)(6)) each name a competent person for inspection — a designation, not a job title.
- The multi-employer citation policy (OSHA Directive CPL 02-00-124 (Multi-Employer Citation Policy), effective December 10, 1999) recognizes four employer roles — Creating, Exposing, Correcting, Controlling — and any employer whose role fits can be cited for a hazard.
- A controlling employer is held to a reasonable care standard, not strict liability for a subcontractor's violation (Acosta v. Hensel Phelps Construction Co., 909 F.3d 723 (5th Cir. 2018) — a three-judge panel decision, not en banc).
- OSHA does not issue or recognize a “competent person certificate.” Competence is demonstrated by knowledge and authority for the specific work — which is why the designation and its basis must be documented.
Tools, guides and the standard
Free tools
- Competent Person Designation Letter
Print the signed designation — basis of competency, stop-work authority, acknowledgment — with the CFR basis filled per activity.
- Multi-Employer Responsibility Matrix
Map which employer role — creating, exposing, correcting, controlling — you carry for a hazard.
- Weekly Site Safety Inspection
The competent-person walk, logged and dated.
- Equipment & Scaffold Inspection
Log the before-shift scaffold/equipment inspection with sign-off.
- Job Hazard Analysis Builder
Document the hazards and controls a competent person identifies.
In-depth guides
Competent person FAQ
What is a competent person under OSHA?
29 CFR 1926.32(f) defines a competent person as “one who is capable of identifying existing and predictable hazards in the surroundings or working conditions which are unsanitary, hazardous, or dangerous to employees, and who has authorization to take prompt corrective measures to eliminate them.” Both parts are required: the person must be able to recognize the hazard AND have the authority to correct it. Recognizing a hazard without the authority to fix it does not make someone a competent person.
What is the difference between a competent person and a qualified person?
They are defined differently and are not interchangeable. A competent person (1926.32(f)) is defined by the ability to identify hazards and the authority to correct them. A qualified person (1926.32(m)) is defined by a recognized degree, certificate, or professional standing, or by extensive knowledge, training, and experience demonstrating the ability to solve problems in the subject matter. Read the specific standard: scaffolds and excavations require a competent person, while designing a fall-arrest system or certain engineering judgments call for a qualified person.
Does a competent person need a certificate?
No. OSHA does not issue, require, or recognize a generic “competent person certificate.” Competence is established by the person's knowledge of the specific hazards and their authority to correct them for that work. Training courses can help build and document that knowledge, but a course completion card alone does not make someone a competent person — and it does not grant the required authority. Because OSHA judges competence by the facts, the employer should document who is designated, for what activity, and the basis for it.
Can I be cited for a subcontractor's OSHA violation?
Under OSHA's Multi-Employer Citation Policy (OSHA Directive CPL 02-00-124 (Multi-Employer Citation Policy)), an employer can be cited based on its role in relation to a hazard — creating, exposing, correcting, or controlling. A controlling employer, such as a general contractor with general supervisory authority over the site, can be cited for a subcontractor's hazard, but is held to a reasonable care standard: it must exercise reasonable diligence to detect and correct violations, not guarantee a hazard-free site. The Fifth Circuit upheld this in Acosta v. Hensel Phelps Construction Co., 909 F.3d 723 (5th Cir. 2018). It is reasonable care, not automatic or strict liability.
Who can be the competent person on my site?
Anyone with the knowledge to identify the specific hazards and the employer's authorization to take prompt corrective action — often a foreman, superintendent, or a trained lead. The same person can be the competent person for more than one activity if they are genuinely knowledgeable in each. The key is that the designation is real (they actually have the authority to stop work and fix the hazard) and documented, so it holds up when an inspector asks who inspected the scaffold or the trench.
Sources
- osha.gov/laws-regs/regulations/standardnumber/1926/1926.32
- osha.gov/laws-regs/regulations/standardnumber/1926/1926.451
- osha.gov/laws-regs/regulations/standardnumber/1926/1926.651
- osha.gov/enforcement/directives/cpl-02-00-124
- ca5.uscourts.gov/opinions/pub/17/17-60543-CV0.pdf
Definitions of competent person 1926.32(f) and qualified person 1926.32(m), and the competent-person duties (1926.451(f)(3), 1926.651(k), 1926.1412(d), 1926.1053(b)(15), 1926.251(a)(6)), verified against osha.gov on July 23, 2026. Multi-employer roles and the reasonable-care standard per OSHA Directive CPL 02-00-124 (Multi-Employer Citation Policy) and Acosta v. Hensel Phelps Construction Co., 909 F.3d 723 (5th Cir. 2018) (a three-judge panel, not en banc). General guidance, not legal advice; OSHA-approved State Plans may impose additional requirements.
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