Competent persons

Sections of the Work Health and Safety (National Uniform Legislation) Regulations 2011 (the WHS Regulations) call for workers to be competent or for a competent person to assess certain situations. There are varying degrees of competency depending on the nature of the worker’s task or what is being assessed. This information bulletin is intended to clarify what a competent person is or direct a duty holder to additional information on specific competent persons.

Competent person

Part 1.1 of the WHS Regulations – Interpretations

Regulation 5 provides a range of definitions of competent person as it applies to specific situations. The definition will direct duty holders to other regulations that provide definitions for specific competencies required for competent persons. The following is to be used as a guide only and reference should be made of the relevant regulations of the WHS Regulations.

Electrical work on energised electrical equipment or energised electrical installations

A competent person for this purpose, other than testing referred to in Regulations 150 and 165, is a person who holds an electrical contractor's licence or electrical worker's licence under the Electrical Workers and Contractors Act 1978.

Competency requirements for those carrying out inspection and testing of electrical equipment

Inspection and testing of electrical equipment must be carried out by a person who has acquired, through training, qualification or experience, the knowledge and skills to carry out the task (i.e. be a ‘competent person’). Inspection and testing of electrical equipment must be carried out by a competent person who has the relevant knowledge, skills and test instruments to carry out the relevant inspection and testing. The person carrying out any testing of electrical equipment should also be competent to interpret the test results of any equipment they use. For example a competent person may be:

• a licensed or registered electrician (whichever applies), or
• in some jurisdictions, a licensed electrical inspector, or
• a person who has successfully completed a structured training course and been deemed competent in the use of a pass-fail type portable appliance tester and the visual inspection of electrical equipment.

The training should be designed to ensure, so far as is reasonably practicable, that on completion successful participants:

• can use the relevant test equipment safely and effectively
• understand electrical risks and appreciate the role that inspection and testing plays in ensuring electrical safety
• understand the legal and technical requirements relevant to the work.

Some kinds of electrical testing must only be carried out by a licensed electrician or electrical inspector under local electrical safety laws. For example, testing requiring the dismantling of electrical equipment should only be carried out by a licensed electrician.

Additional or different competencies may be required for more complex kinds of testing.

If in doubt, advice should be obtained from a person qualified and experienced in electrical equipment testing, for example an electrician, electrical contractor, electrical inspector, specialist testing provider or relevant Regulator.

Competency of persons engaged in the diving industry, including supervisors

Division 2 Part 4.8 of the WHS Regulations identifies a range of competencies that need to be met in order to carry out a range of diving related work, including general diving work, incident diving work, limited scientific diving work and the competency of persons supervising general diving work. The competencies are based on qualifications the person must obtain and are described in more detail in Regulations 171 to 174 inclusive.

Pursuant to Regulation 177, a person conducting a business or undertaking (PCBU) must ensure that one or more competent persons are appointed to supervise general diving work carried out and to perform other duties identified in Division 3 Part 4.8 of the WHS Regulations.

Plant inspections, cranes, amusement devices and other plant requirements

Maintenance, inspection and testing is required for a wide range of plant. The information bulletin Competent Persons for Inspection and Maintenance of Plant provides information about selecting a competent person to maintain, inspect and test plant.

All other cases

In any other case identified in the WHS Regulations as requiring a competent person to undertake a specific activity, it is a matter for the PCBU to take reasonably practicable steps to determine if the person engaged to do the work has acquired through training, qualification or experience the knowledge and skills to carry out the task.