Competent Person vs. Qualified Person: What OSHA Means by Each

OSHA's construction standards (29 CFR Part 1926) keep handing specific jobs to either a "competent person" or a "qualified" person. The two terms sound alike, but they are defined differently. If you assign people to inspect trenches, design scaffolds, or train a crew, you need to know which one the rule names, and whether the person you picked fits that definition.

What do the two definitions actually say?

Both terms are defined in 1926.32, whose definitions "shall apply in the application of the regulations in this part," meaning Part 1926 (1926.32). The defined term in paragraph (m) is "Qualified," not "qualified person."

"Competent person means 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." (1926.32(f))

"Qualified means one who, by possession of a recognized degree, certificate, or professional standing, or who by extensive knowledge, training, and experience, has successfully demonstrated his ability to solve or resolve problems relating to the subject matter, the work, or the project." (1926.32(m))

A competent person has two parts: spotting hazards and authority to fix them

Read the definition as two tests joined by "and" (1926.32(f)):

The person is capable of identifying existing and predictable hazards in the surroundings or working conditions.
The person has authorization to take prompt corrective measures to eliminate them.

Someone who can see the problem but has no authorization to act on it does not fit the second half. The definition does not mention a degree or a certificate.

OSHA's Competent Person page, which is guidance and not regulation, puts it this way: "By way of training and/or experience, a competent person is knowledgeable of applicable standards, is capable of identifying workplace hazards relating to the specific operation, and has the authority to correct them."

The excavation standard shows action following from what the competent person finds. Where the competent person finds evidence of a situation that could result in a possible cave-in, indications of failure of protective systems, hazardous atmospheres, or other hazardous conditions, exposed employees must be removed from the hazardous area until the necessary precautions have been taken to ensure their safety (1926.651(k)(2)).

A qualified person is measured by demonstrated ability to solve problems

The qualified definition rests on a different basis. It gives two routes (1926.32(m)):

Possession of a recognized degree, certificate, or professional standing, or
Extensive knowledge, training, and experience.

By either route, the person has "successfully demonstrated his ability to solve or resolve problems relating to the subject matter, the work, or the project" (1926.32(m)). The definition says nothing about authorization to correct hazards.

Which standards call for which?

Standards that name a competent person:

Excavation inspections. Daily inspections of excavations, the adjacent areas, and protective systems must be made by a competent person. An inspection must be conducted prior to the start of work and as needed throughout the shift, and also after every rainstorm or other hazard increasing occurrence. These inspections are only required when employee exposure can be reasonably anticipated (1926.651(k)(1)).
Scaffold inspections. Scaffolds and scaffold components must be inspected for visible defects by a competent person before each work shift, and after any occurrence which could affect a scaffold's structural integrity (1926.451(f)(3)).

Standards that name a qualified person:

Scaffold design. Scaffolds must be designed by a qualified person and must be constructed and loaded in accordance with that design (1926.451(a)(6)).
Horizontal lifelines. Horizontal lifelines must be designed, installed, and used, under the supervision of a qualified person, as part of a complete personal fall arrest system, which maintains a safety factor of at least two (1926.502(d)(8)).

Can one person be both? Some standards require exactly that

Nothing in either definition keeps one individual from meeting both. Some paragraphs call for both in one person:

Fall protection training. The employer must assure that each employee has been trained, as necessary, by "a competent person qualified in the following areas" (1926.503(a)(2)). The list has eight areas, including the nature of fall hazards in the work area (1926.503(a)(2)(i)).
Scaffold erection and dismantling. Scaffolds must be erected, moved, dismantled, or altered only under the supervision and direction of "a competent person qualified in scaffold erection, moving, dismantling or alteration" (1926.451(f)(7)).

Check the definitions in the subpart you are working under

Some subparts print their own definitions. The scaffold subpart defines both "competent person" and "qualified" in 1926.450(b), in nearly the same words as 1926.32 (it says "his/her ability" and "problems related to"). The excavation subpart has "Definitions applicable to this subpart," including its own definition of competent person (1926.650(b)).

OSHA's Competent Person guidance page adds: "Some standards add additional specific requirements which must be met by the competent person." So read the paragraph that assigns the task, and that subpart's definitions, before you decide who fills the role.

What to do with this

For each task, note the exact term the paragraph uses: competent person, qualified person, or "competent person qualified in" a subject.
For a competent person, confirm both halves: the ability to identify existing and predictable hazards, and authorization to take prompt corrective measures (1926.32(f)).
For a qualified person, confirm the basis (degree, certificate, or professional standing, or extensive knowledge, training, and experience) and the demonstrated ability to solve problems relating to the subject matter, the work, or the project (1926.32(m)).
Where the paragraph says "competent person qualified in," confirm that one person is a competent person and is qualified in the subject the paragraph names (1926.503(a)(2), 1926.451(f)(7)).
Check the subpart's own definitions (1926.450(b), 1926.650(b)).

Source

This article relies on the regulation text of 29 CFR 1926.32, 1926.450, 1926.451, 1926.502, 1926.503, 1926.650, and 1926.651, and on OSHA's Competent Person page, which is OSHA guidance and not regulation. The regulation itself always controls. States that run their own OSHA-approved State Plans may have additional or stricter rules.