Competent person vs qualified person under OSHA 1926

The core difference

Competent person: someone who can see the hazards a job creates, including the ones that are likely to develop, and who has the authority to stop the work and fix them without waiting for permission. Two parts: knowledge and authority. If someone can see the problem but cannot stop the work, they are not a competent person for that purpose.

Qualified person: someone whose standing comes from credentials or from deep, proven experience in the subject, and who can solve problems in it. Knowledge and demonstrated ability, but the definition does not hand the person the power to stop the job.

Read both in your own copy of 1926.32. We paraphrase them here and never reproduce standard text.

A qualified person may have more technical expertise and still lack the authority to correct a hazard on site. Authority is what makes someone competent in the regulatory sense.

Why the context matters

What makes someone competent depends on the standard in play. For excavations, the competent person needs training in soil analysis, protective systems and the excavation rules. For scaffolds, the competent person needs a different set of knowledge. The word is the same and the skills are not. When a question names a task, ask what the competent person for that task must know.

Where each role shows up

Treat the table as a map, not a memory test. The point is that inspecting and correcting belongs to the competent person, and designing or engineering belongs to the qualified person.

How questions use the difference

Typical stems:

• A worker spots a defect in an access system, and the question asks who has the authority to order the work stopped. The answer is the competent person, not the most senior person present and not the qualified designer.
• A question asks who designs a system that is outside the standard's pre-set options. The answer is the qualified person or engineer.
• A question lists a superintendent with no safety training. Authority alone is not enough. The competent person needs the knowledge as well.

When two answers both mention a "knowledgeable person," pick the one whose description includes authority to correct the hazard if the stem is about stopping or fixing something on site.

Common wrong answers

• "The person with the most years on the job." Experience helps, but the definition asks for specific capability and authority.
• "The safety manager, always." A safety manager can be the competent person, but only if designated and given authority for that task.
• "A competent person is certified." The standard does not require a particular certificate. Employers decide who meets the definition for each task, and they must be able to support that decision.

Make it stick

For each subpart you study, write one line: who is the competent person, what do they inspect, and when. Do the same for qualified persons. Then use the excavations guide and the scaffolds guide to fill in the specifics.

Practice it

Take the free 10-question check and watch for stems that ask who can stop the work or who designs the system. Every answer is explained.

FAQ

Can the same person be both competent and qualified?

Yes, if they meet both definitions for the task. The definitions are separate, so meeting one does not mean meeting the other.

Does OSHA require a certificate to be a competent person?

The definition in 1926.32 does not name a certificate. Some individual standards add training expectations, so read the one that applies.

Who decides who the competent person is?

The employer designates them and is responsible for making sure they meet the definition for the task.