The definition
Under 29 CFR 1926.32(f), a competent person is someone who can identify existing and predictable hazards in the surroundings or working conditions that are unsanitary, hazardous or dangerous to employees, and who has authorization to take prompt corrective measures to eliminate them.
Both parts matter. Someone who knows trenching inside out but can't stop the work or order a fix isn't a competent person for that job. Someone with authority but no real knowledge of the hazard isn't either.
- The employer designates them. OSHA doesn't certify competent persons. OSHA has said its Training Institute Education Center courses don't by themselves make a student a competent person.
- Competence is specific. A person can be competent for scaffolds and not for excavations. The standard that applies sets what they need to know.
- It's different from a qualified person. Under 1926.32(m), "qualified" means a recognized degree, certificate or professional standing, or extensive knowledge, training and experience, plus a shown ability to solve problems in the subject. Some tasks, such as designing a fall protection plan, need a qualified person instead.
Standards that require a competent person
OSHA lists dozens of construction standards that refer to a competent person. These are the ones most crews run into:
| Work | Standard | What the competent person does |
|---|---|---|
| General site safety | 1926.20(b) | Carries out frequent and regular inspections of job sites, materials and equipment. |
| Excavations and trenches | 1926.651, 1926.652 | Inspects the excavation, nearby areas and protective systems daily before work, as needed during the shift and after every rainstorm. Removes workers if there's evidence of a cave-in or other hazard. Decides whether an excavation under 5 feet needs a protective system. |
| Scaffolds | 1926.451 | Inspects the scaffold before each shift and after anything that could affect it. Supervises erecting, moving, altering and dismantling. Decides whether fall protection for erectors is feasible. |
| Fall protection | 1926.502, 1926.503 | Trains workers exposed to fall hazards. Can act as the safety monitor on low-slope roofs where that's allowed. |
| Ladders | 1926.1053, 1926.1060 | Inspects ladders periodically and after any incident that could damage them. Trains ladder users. |
| Other high-risk work | Including cranes (Subpart CC), confined spaces (1926.1203), silica (1926.1153), demolition and steel erection | Duties vary by standard. Check the standard for your task. |
What they actually do on site
Look before work starts
Walk the area and the equipment before the crew starts, and recheck when conditions change: weather, a new phase, a new trade on site.
Spot what's coming
The definition says "predictable" hazards. A good competent person sees the soil drying out, the rain coming or the scaffold being loaded beyond plan.
Act on it
Stop the work, pull people out, tag out equipment or change the method. If they have to ask permission first, the authority part of the definition isn't met.
Record what they found
Some inspections must be documented under specific standards. Even where they don't, a dated record shows the inspection happened.
USA / JHA drafts
Talk it through instead of starting from a blank form.
Explain the job out loud and SOPmate drafts an editable JHA you can check with your crew.
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Documenting it in the JHA
Your JHA is the natural place to name the competent person for the job. Include:
- Their name and what they're designated for (for example, "excavation competent person")
- The steps in the job that need their inspection or sign-off
- When they inspect: before each shift, after rain, after changes
- What will make them stop the work
- Their signature on the JHA review, alongside the crew's
If the competent person leaves site, the JHA should say who takes over. Work that needs a competent person shouldn't continue without one. See how to write a JHA and the fall protection JHA example.
Fines and penalties
OSHA cites the specific standard that required the competent person, such as a missed daily trench inspection or a scaffold erected without supervision. These are the federal maximums for 2026:
| What goes wrong | What you can face |
|---|---|
| No competent person designated, or required inspections not done | Up to $16,550 per serious violation (2026). |
| The same failure cited again, or ignored knowingly | Up to $165,514 per repeat or willful violation (2026). |
| Hazard not fixed by the abatement date | Up to $16,550 per day beyond the deadline (2026). |
| Imminent danger, such as workers in an unprotected trench | The inspector can ask a federal court to stop the work. Most general contractors will stop your crew immediately. |
| A worker is killed because of a willful violation | Criminal prosecution under the OSH Act, with a fine and up to six months in prison for a first conviction, on top of civil penalties. |
OSHA didn't increase its penalties for 2026, so the 2025 amounts still apply. State Plan states set their own penalties and may have their own competent person rules. Check OSHA or your state program for current figures.
Common mistakes
- Treating a training card as proof. A course helps, but the employer still has to designate the person and give them authority.
- Naming a competent person who isn't on site when the inspection is due.
- Naming someone who has to call the office before they can stop the work.
- Using one person for every standard without checking they know each type of work.