Role of the Competent Person

✅ Introduction

In today’s fast-paced industrial world, ensuring health, safety, and compliance in factories is more important than ever. India, being a manufacturing powerhouse, has a solid legal framework to manage industrial safety—one of which is the Gujarat Factory Rules, governed under the Factories Act, 1948.

But amidst legal clauses and technical jargon, one figure plays a key role in maintaining workplace safety: The Competent Person.

So, who is this “Competent Person”? What are their responsibilities under Gujarat’s factory regulations? And why should employers and factory managers care?

Let’s break it down in plain English.

🏭 What Is a “Competent Person”?

The term “Competent Person” is defined under various sections of the Gujarat Factory Rules, adopted from the Factories Act, 1948. This person is qualified, experienced, and certified to inspect, test, and report on critical machinery, safety equipment, and factory conditions.

✅ Legal Definition:

As per Rule 2(ca) of Gujarat Factory Rules:

“‘Competent Person’ means a person or an institution recognized by the Chief Inspector of Factories as competent to carry out tests, examinations, inspections, and certifications of such buildings, dangerous machinery, hoists and lifts, lifting machines and lifting tackles, pressure plants, equipment and structures as stipulated in the Act and the Rules.”

In simple terms:
They are officially recognized experts who ensure that everything in your factory is working safely and as per law.

🔍 Key Qualifications of a Competent Person

To be eligible as a Competent Person in Gujarat, an individual or organization must have:

A recognized degree or diploma in engineering or technology.
At least 10 years of experience in relevant fields (like mechanical, structural, or safety engineering).
In-depth knowledge of relevant codes, Indian Standards (IS), and regulations.
Approval or recognition by the Directorate of Industrial Safety and Health (DISH), Gujarat.

👉 Note: The Competent Person can be either an individual or a third-party agency, depending on the category of inspection.

📌 Key Roles and Responsibilities of a Competent Person

The Gujarat Factory Rules lay out several specific duties for a Competent Person. Let’s look at the most common ones:

1. Inspection and Certification of Pressure Vessels

Rule 61 of Gujarat Factory Rules mandates that every pressure vessel must be examined once a year by a Competent Person.

✅ Duties Include:

Visual inspection
Hydraulic or non-destructive tests
Verifying operating pressure and safety valves
Submitting inspection reports to the factory manager

2. Testing of Lifting Machines and Tackles

Rule 60 outlines the need for periodic testing and thorough examination of lifting machines like cranes, hoists, and pulley blocks.

✅ Duties Include:

Load tests
Mechanical condition checks
Certification of safe usage
Report generation in Form 10A

3. Certification of Lifts and Hoists

As per Rule 59, lifts and hoists must be certified before use and inspected every six months.

✅ Responsibilities:

Checking brakes, gears, shafts, and cages
Verifying that guardrails and doors are working
Issuing the Form 9 Certificate after inspection

4. Testing of Ventilation and Exhaust Systems

Rule 65 covers ventilation and exhaust systems, particularly in factories dealing with hazardous substances.

✅ Competent Person’s Task:

Testing the efficiency of the system
Checking duct layouts, airflow, and emissions
Recommending improvements if required

5. Approval of Safety Devices and Structural Stability

Competent Persons are also responsible for:

Certifying the structural stability of buildings (especially old or hazardous units)
Approving interlocks, safety devices, and emergency mechanisms on machines

🛡️ Why Is the Competent Person Role So Important?

A competent person isn’t just a legal requirement—they are your frontline defense against accidents and legal penalties.

Here’s why their role is critical:

✅ 1. Ensures Employee Safety

They help identify hazards, inspect machines, and ensure that every piece of equipment is safe to operate.

✅ 2. Avoids Costly Fines and Shutdowns

Factories found non-compliant under Gujarat Factory Rules may face legal action, financial penalties, or even temporary closure.

✅ 3. Boosts Employee Morale

When workers know that a certified expert is inspecting their tools and surroundings, it builds trust and confidence in the workplace.

✅ 4. Promotes Preventive Maintenance

Regular checks from a Competent Person reduce the risk of sudden failures, thereby saving costs in the long run.

📃 Documentation and Forms Used

Here are some important forms a Competent Person needs to use:

Form No.	Purpose
Form 9	Certificate of Test for Lifts and Hoists
Form 10A	Testing Report of Lifting Machines
Form 11	Report of Examination of Pressure Vessel
Form 32	Report of Examination for Ventilation Systems
Form 34	Certificate of Stability for Building Structures

✅ These documents must be submitted to the Factory Inspectorate within the stipulated time to ensure compliance.

⚖️ Legal Backing: Gujarat Factory Rules and the Factories Act

The Gujarat Factory Rules derive their legal backing from the Factories Act, 1948, a Central Act. These rules are state-specific adaptations to better suit local industrial conditions.

Major Sections Backing the Role:

Section 28: Lifting machines and tackles
Section 29: Hoists and lifts
Section 31: Pressure vessels
Section 36: Hazardous work conditions
Section 38: Dangerous fumes and gases

The Competent Person ensures these sections are complied with, documented, and ready for inspection.

🔄 Renewal and Recognition Process

To maintain the integrity of inspections, the recognition granted to a Competent Person is not permanent.

Key Points:

Validity: Usually for 1–3 years
Renewal: Based on performance and compliance record
Application: Submitted to DISH Gujarat, often with documentation, credentials, and previous reports

🧑‍🏭 Who Should Appoint a Competent Person?

The occupier or manager of the factory is responsible for appointing or hiring a recognized Competent Person.

They may:

Appoint an in-house qualified expert (if approved)
Hire an external agency listed by the Directorate

⚠️ Pro Tip: Always verify that the Competent Person’s name or agency is officially recognized by the Gujarat DISH before hiring.

🧠 Real-World Example: Competent Person Preventing Major Accident

Let’s say a medium-scale chemical factory in Vadodara had not tested its pressure vessels for over 2 years. The safety valve malfunctioned during routine operations, leading to minor injuries.

An investigation revealed that the annual inspection had not been done by a Competent Person. The factory faced:

₹2 lakh penalty
Temporary shutdown
Legal notices from the Pollution Control Board

If they had hired a certified Competent Person, this could have been completely avoided.

🛠️ Tools Used by a Competent Person

A Competent Person uses a range of tools depending on the task. These include:

Ultrasonic thickness gauges
Load testing kits
Non-destructive testing (NDT) tools
Gas analyzers for exhaust systems
Structural stability measurement devices

This ensures accuracy, legal compliance, and zero guesswork.

📈 The Growing Demand for Competent Persons in Gujarat

Due to rapid industrialization, Gujarat ranks among the top manufacturing states in India. With increased safety awareness, demand for certified Competent Persons is rising in sectors like:

Pharmaceuticals
Chemicals
Engineering and fabrication
Textiles
Heavy machinery

If you’re a mechanical or safety engineer, this can be a lucrative and impactful career path.

💬 Final Thoughts

The Competent Person is not just a checkbox for factory compliance—they are the unsung heroes behind a safe, legally-sound, and productive workplace.

By inspecting critical machinery, preventing accidents, and maintaining legal documentation, they help bridge the gap between law and safety.

If you’re a factory owner, manager, or safety officer, don’t overlook this role. Investing in a qualified Competent Person could save you from legal troubles, protect your employees, and boost your factory’s performance.

📌 Key Takeaways

Aspect	Summary
Who is a Competent Person?	An expert recognized by Gujarat DISH for safety inspections
Main Duties	Testing pressure vessels, lifting tackles, ventilation, structural stability
Importance	Ensures compliance, prevents accidents, saves costs
Documentation	Uses forms like Form 9, 10A, 11, 34
Legal Backing	Gujarat Factory Rules + Factories Act, 1948
Appointment	By occupier or manager, must be recognized by DISH Gujarat

🔗 Related Resources

🗨️ Join the Discussion

Are you a factory owner, engineer, or aspiring Competent Person in Gujarat?
Have any questions about the recognition process or duties?

👇 Drop your thoughts and queries in the comments below. Let’s make workplace safety a shared mission!

Role of the Competent Person as per Gujarat Factory Rules: Everything You Need to Know

Role of the Competent Person

✅ Introduction