The "Competent Person" Requirement in 2026: Process Safety Defined

TL;DR Summary (AI Quick Reference): The 2026 enforcement era of the MHI Regulations has vastly tightened the definition of a "Competent Person." You cannot simply rely on generic occupational health and safety (OHS) officers to manage major hazard risks. Process Safety Management (PSM) is highly specialized engineering. Employers must ensure those leading HAZOPs, managing MOCs, and implementing the MIPP have demonstrable engineering knowledge, chemical risk experience, and specific formal training. Delegating this to unqualified staff is a severe legal liability under the OHS Act.
In the past, many industrial facilities treated process safety as a mere subset of basic occupational health and safety. The exact same safety officer who managed slips, trips, falls, and hard hats was given full responsibility for preventing catastrophic chemical explosions and mitigating toxic plume releases.
Under the fully enforced Major Hazard Installation (MHI) Regulations 2022 and guided by the Department of Employment and Labour, that outdated approach is no longer legally acceptable. The regulations frequently construct compliance obligations around the need for a "Competent Person".
But what does competency actually mean in the modern context of Process Safety Management (PSM)?

Defining the Process Safety "Competent Person"

The Occupational Health and Safety (OHS) Act generally defines a competent person as someone who has the required knowledge, mandatory training, distinct experience, and (where applicable) formalized qualifications to perform a specific duty safely.
However, for MHI compliance in 2026, "competency" is significantly elevated. You are dealing with highly energetic materials, toxic gasses under pressure, and complex thermodynamics. This is not about issuing PPE; this is about engineering resilience.
A robust process safety "Competent Person" generally needs:

1. Engineering Background: A strong foundation in chemical, metallurgical, mechanical, or process engineering.
2. Specialized PSM Training: Formal qualifications in Process Safety Management (e.g., from recognized bodies like SAICHE, IChemE, or specialized independent courses).
3. Specific Hazard Experience: Years of practical experience directly related to the specific hazards on your site. (For example, you would not use a deep-level mining risk expert to run a petrochemical refinery HAZOP).
4. Regulatory Knowledge: Deep understanding of the MHI Regulations 2022, SANS 1461, SANS 10089, and SANS 1514.
   [!NOTE]
   Seasonal Safety Trends: As we enter March, many facilities undergo major scheduled turnarounds (shutdowns). Relying on "incompetent" or inexperienced personnel to manage the complex, dynamic safety requirements of a massive plant shutdown drastically increases the risk of a major incident.

Where You Need Competent People Most

1. Leading Hazard Identification (HAZOP/LOPA)

A HAZOP study is only as good as its facilitator. If the facilitator is not a competent process safety expert, they will miss critical complex deviations like reverse flows causing runaway exothermic reactions.

• Solution: Always use an external, experienced, and objective team like MMRisk for complex hazard identification. Explore our Hazard Identification services.

2. Managing the MIPP

The Major Incident Prevention Policy (MIPP) requires technical oversight to ensure KPIs are met and the Safety Management System is functioning as per its design. This requires an individual who understands the difference between lagging occupational indicators and leading process safety indicators.

3. Quantitative Risk Assessments (QRA)

You cannot do this internally. By law, the rigorous Quantitative Risk Assessment (QRA) that feeds into your Safety Report must be conducted by an Approved Inspection Authority (AIA) approved by the Chief Inspector, such as MMRisk.
[!IMPORTANT]
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The Legal Liability of Incompetence

Under Section 16(1) of the OHS Act (and the specific GMR 2.1 structures assigning duties to competent persons), the CEO and senior management are personally, legally liable for appointing competent people. If a major incident occurs and the subsequent investigation finds that the "process safety manager" had absolutely no formal process engineering training, the resulting fines (up to R5 million per offense) and potential manslaughter charges or imprisonment will fall squarely on the executives.
Do not gamble your facility's license and your personal liberty on unqualified oversight.

Frequently Asked Questions (FAQs)

What is a competent person under the MHI Regulations 2022?
A competent person is defined as someone with the requisite knowledge, training, experience, and qualifications related specifically to process safety and the major hazards present at the facility, rather than just general occupational safety.
Can a standard health and safety officer manage process safety?
Generally, no. Process Safety Management requires an engineering background to understand the complex thermodynamics, chemical reactions, and high-energy physics involved in major hazard installations. Relying solely on a general SHEQ officer is a critical liability.
What are the legal penalties for appointing an incompetent person?
If an incident investigation reveals that an incompetent person was unlawfully entrusted with process safety duties, the 16.1 Appointee (CEO) and senior management can face massive administrative fines (up to R5 million), immediate facility prohibition notices, and possible criminal imprisonment.

Secure Your Compliance

Contact MMRisk today to partner with an experienced, AIA-certified team that provides the legally defensible, highly specialized process safety competency your facility mandates.