RRO

[Mr. P]

Within said document, 'Responsible Person' is dealt with fairly well- outlining definition of, and what RP does. However, what about 'Competent Person'? Am I going word blind or, is CP not so covered?
Thanking you...

[wee brian]

CP is used 3 times and in each article that uses it there is a definition

[Tom Sutton]

As wee brian has said it appears three times art 13(4) art 15(3) and art 18(5) but if you are considering a competent fire risk assessor, fire alarm engineer or fire extinguisher engineer then it doesn’t cover them. However there has been a number of threads on this subject and IMO without any consensus of opinion.

[Mr. P]

Thanks again guys, a certain case of word blindness. I was was purely looking for the person who is employed etc. regards the premises. Do you see/regard the CP with any of the responsibilities of the RP?

[CivvyFSO]

The 'safety assistance' article (18) is what I think is relevant to your question Mr. P.

18. —(1) The responsible person must, subject to paragraphs (6) and (7), appoint one or more competent persons to assist him in undertaking the preventive and protective measures.
 (5) A person is to be regarded as competent for the purposes of this article where he has sufficient training and experience or knowledge and other qualities to enable him properly to assist in undertaking the preventive and protective measures.
( Where there is a competent person in the responsible person's employment, that person must be appointed for the purposes of paragraph (1) in preference to a competent person not in his employment.

(don't forget that the RP can be the competent person in certain circumstances)

It is the duty of the RP to ensure that this person is competent and it is worthy of note that the safety assistance article is not one of the "where necessary" articles, it is a "the RP must". Also the person is there to 'assist' not to assume any responsiblity. However, if the RP had done all that would be reasonable to try ensure that the person was competent, but an offence under the Order occurred due to an act or omission of the 'competent person' then a defence is available for the RP, and the offence can be re-directed to the CP.

[Tom Sutton]

Mr P in addition to what civvy has said check out Art 32 especially 32(10) and 32 (11) also Art 33 worth a look.

[jayjay]

New legislation coming into force April may have some bearing.

Being brought in to correct error in RRO see extract below

2010 No. 471
FIRE PRECAUTIONS, ENGLAND

The Fire Safety (Employees’ Capabilities) (England) Regulations 2010

Coming into force             6th April 2010

Employer to take employees’ capabilities into consideration
2.  Every employer must, in entrusting tasks to employees, take into account their capabilities as regards health and safety, so far as those capabilities relate to fire.

EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations, which apply to England only, provide that employers must take into account employees’ capabilities as regards fire safety in entrusting tasks to them. They implement article 6(3)(b) of Council Directive 89/391/EEC of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work, and mirror regulation 13(1) of the Management of Health and Safety at Work Regulations 1999 (S.I. 1999/3242).

[Mr. P]

Thanks - I can see the sun again!