Qualified Person and OHS Regulations

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 By: Ehsan Hemmati V. (CIH, ROH, CSP, CRSP, CMIOSH) – January 5th, 2025

Within the context of occupational health and safety regulations, employers are responsible to select qualified or competent persons to undertake certain work processes and activities. Generally, a person with relevant work experience, education and training is considered qualified or competent.  

Some examples of work processes that must be conducted by a qualified person, based on the OHS Regulations of BC, include:

• Risk assessment for an exposure control plan (OHSR 6.34(1)), 
• Preparing hazard assessment and written confined space entry procedures (OHSR 9.11(a))
• Completing a risk assessment for a work activity that may expose workers to traffic (OHSR 18.3.1(1)). 

It is necessary to refer to the applicable regulations or standards to identify the work processes or activities that need to be performed by a qualified or competent person. 

For instance, if you are an employer operating in BC and your workers need to use fall protection systems during the course of their work, provincial OHS Regulation Part 11: Fall Protection would be applicable. Per section 11.9 Inspection and maintenance, equipment used in a fall protection system must be inspected by a qualified person before use on each workshift.

In another example, engaging in a work activity or a silica process that may expose workers to RCS dust must not be permitted by an employer, unless a risk assessment has first been completed by a qualified person per section 6.112(2) of the OHS Regulations. In addition, if the risk assessment indicates that a worker is or may be exposed to RCS dust, the employer must ensure that an exposure control plan is developed by a qualified person per 6.112.1(1). For reference RCS dust can be any of the following: (a) respirable crystalline silica; (b) respirable α-quartz; (c) respirable cristobalite (6.110). 

Employers are expected to exercise due diligence in the selection of a qualified person. Usually a combination of experience, education and training in relation to the work process and hazards must be considered. In most cases, education and training alone without relevant experience is not sufficient as evidence of qualification and vice versa. 

The competencies required of a qualified person are sometimes outlined in the relevant regulations, guidelines or standards. 

One example is the competencies required of a qualified person for preparing hazard assessment and written procedures for confined space entry. Per OHSR 9.11(1), the hazard assessment and written confined space entry procedures must be prepared by a qualified person who has adequate training and experience in the recognition, evaluation and control of confined space hazards. Section 9.11(2)(a) describes qualifications to be acceptable as evidence of adequate training and experience to be CIH, ROH, CSP, CRSP or P. Eng. provided that the holders of these qualifications have experience in the practice of occupational hygiene as it relates to confined space entry. 

In some cases, the definition or competencies required of a qualified person are outlined in the instructions of applicable standards. One example is the ANSI Z359.2 standard which specifies inspections of fall protection systems by an authorized person prior to use and at least annually by a qualified or competent person in accordance with the manufacturer's or a qualified person's instructions. ANSI Z359.2 defines a Qualified Person as, “A person with a recognized degree or professional certificate and with extensive knowledge, training, and experience in the fall protection and rescue field who is capable of designing, analyzing, evaluating and specifying fall protection and rescue systems to the extent required by this standard.”

In selection of a qualified person, preference may be given to internal resources while exercising due diligence to ensure they have the appropriate level of competence. Otherwise, you may seek help from outside resources.

Read the full article below, including a "Table of References to Qualified Person or Qualified Worker/Supervisor/Coordinator etc. per Occupational Health and Safety Regulation by WorkSafeBC. "