Under federal safety law, an OSHA qualified person is someone an employer has designated as able to solve the technical problems of a specific kind of work, based either on a recognized degree, certificate, or professional standing, or on extensive knowledge, training, and experience in the field. The definition sits at 29 CFR 1926.32(m), and it turns on demonstrated ability, not on any single credential.1eCFR. 29 CFR 1926.32 – Definitions OSHA itself does not certify, license, or accredit anyone as qualified. That call belongs to the employer, and so does the exposure if the call is wrong.
What the Regulation Actually Says
The construction definition at 1926.32(m) describes a qualified person as one who, by possession of a recognized degree, certificate, or professional standing, or who by extensive knowledge, training, and experience, has successfully demonstrated the ability to solve or resolve problems relating to the subject matter, the work, or the project.1eCFR. 29 CFR 1926.32 – Definitions The regulation does not name specific degrees or set a minimum number of years in the trade. What it asks for is a track record of actually solving the kinds of problems the work presents.
Other standards tighten that baseline for particular hazards. The general industry electrical standard at 29 CFR 1910.399 defines a qualified person as one trained in and able to demonstrate skills and knowledge in the construction and operation of electrical equipment and the hazards involved.2Occupational Safety and Health Administration. 29 CFR 1910.399 – Definitions Applicable to This Subpart For electric power generation, transmission, and distribution, 29 CFR 1910.269 requires that a qualified employee be knowledgeable in the construction and operation of the specific power equipment involved and the hazards it creates.3eCFR. 29 CFR 1910.269 – Electric Power Generation, Transmission, and Distribution – Section: Definitions The through-line: proven capability tied to a particular kind of work.
Qualified Person vs. Competent Person
These two roles get mixed up constantly, and the difference changes what a person is authorized to do on a site. A competent person, defined at 29 CFR 1926.32(f), is someone who can identify existing and predictable hazards in the surroundings and who has authorization to take prompt corrective measures to eliminate them.4Occupational Safety and Health Administration. 29 CFR 1926.32 – Definitions Stop-work authority is the defining feature.
A qualified person, by contrast, is defined by technical depth. Their job is solving engineering and design problems. An OSHA interpretation letter from 1992 put the distinction directly: a qualified person “might have more technical expertise, but would not necessarily have expertise in hazard recognition or the authority to correct identified hazards.”5Occupational Safety and Health Administration. Rules Addressing Competent Persons and Qualified Persons The qualified person designs the scaffold system. The competent person walks the site each day making sure it stays safe.
Some operations demand both. Crane assembly and disassembly under 29 CFR 1926.1404(a)(1) must be directed by someone who meets the criteria for both a competent person and a qualified person, or by a competent person working with one or more qualified persons.6eCFR. 29 CFR 1926.1404 – Assembly/Disassembly General Requirements One individual can fill both roles if they have the technical depth and the authority, but OSHA does not assume the overlap. Each role has to be justified on its own.
Two Ways to Reach Qualified Status
Recognized Credentials
The first route relies on a recognized degree, certificate, or professional standing. Engineering degrees, safety certifications, and professional licenses all fit. A licensed Professional Engineer, for instance, would generally satisfy the credential requirement for work within their discipline. OSHA publishes no approved-credentials list, so the employer has to judge whether the specific degree or license actually maps to the specific work at hand.1eCFR. 29 CFR 1926.32 – Definitions
Professional standing covers holding a recognized rank or reputation in a professional community: active membership in an engineering society with peer review, a state license that requires continuing education, and similar external validation.
Knowledge, Training, and Experience
The second route is built on the record itself: years of field work, mentorship under senior professionals, and a documented history of successfully handling the type of work in question. This is the path for people who learned the trade on the job.1eCFR. 29 CFR 1926.32 – Definitions
Both routes finish in the same place. The person must have “successfully demonstrated” the ability to solve problems related to the work. A degree without applied work behind it will not carry the designation, and neither will years in the field if the person cannot show they actually resolved the technical issues the job demands.
A few standards spell out a supervised-training pathway. Under 1910.269, an employee undergoing on-the-job training can be considered qualified for specific duties once they have demonstrated the ability to perform those duties safely at their training level and are working under direct supervision of a qualified person.3eCFR. 29 CFR 1910.269 – Electric Power Generation, Transmission, and Distribution – Section: Definitions The general industry electrical standard at 1910.399 recognizes the same supervised approach.2Occupational Safety and Health Administration. 29 CFR 1910.399 – Definitions Applicable to This Subpart
Qualification Is Tied to the Specific Work
This is where employers stumble most often. Being qualified for one type of work does not carry over to another. The electrical standard states the point plainly: a worker may be considered qualified with respect to certain equipment and methods and unqualified for others.2Occupational Safety and Health Administration. 29 CFR 1910.399 – Definitions Applicable to This Subpart A structural engineer qualified to design a scaffold system is not automatically qualified to direct rigging on a crane assembly. The evaluation has to match the person’s proven abilities to the specific hazards and technical demands of the assignment. There is no blanket designation that carries across projects.
Who Designates a Qualified Person
The employer does, and only the employer. OSHA’s own outreach training FAQ states that “an OSHA card is not considered a certification or license” and that “OSHA does not accredit organizations or individuals.”7Occupational Safety and Health Administration. OSHA Outreach Training Program FAQs No card, class, or letter from OSHA makes someone qualified. That determination is made in-house, and the employer answers for it.
Doing it properly means more than reading a résumé. Employers should review transcripts, training records, and any professional licenses relevant to the specific work, and confirm through prior employers that the candidate actually performed similar work. Many employers also run practical assessments or scenario-based evaluations before assigning the designation.
Documentation is the piece that holds up during an inspection. OSHA’s training requirements publication identifies the standard elements of a training certification record: the identity of the person trained, the dates of training, the signature of the trainer or employer, and for certain standards, a record of how the employer verified the employee actually understood the material.8Occupational Safety and Health Administration. OSHA 2254 – Training Requirements in OSHA Standards An inspector who finds a qualified person designation with no paper behind it treats it as no designation at all.
Where the Requirement Actually Triggers
Dozens of standards call for a qualified person at specific points in an operation. The pattern is consistent: expert oversight is required where the consequence of failure is highest.
Scaffolding
Under 29 CFR 1926.451(a)(6), every scaffold must be designed by a qualified person, and it must be constructed and loaded in accordance with that design.9eCFR. 29 CFR 1926.451 – General Requirements A scaffold that goes up without a qualified person’s design behind it is out of compliance from the first plank.
Crane Assembly and Disassembly
Assembly and disassembly must be directed by a person meeting the criteria for both a competent person and a qualified person, or by a competent person assisted by qualified persons.6eCFR. 29 CFR 1926.1404 – Assembly/Disassembly General Requirements Separately, all rigging during assembly and disassembly must be performed by a qualified rigger.10eCFR. 29 CFR 1926.1404 – Assembly/Disassembly General Requirements – Section: Rigging
Fall Protection
Horizontal lifelines must be designed, installed, and used under the supervision of a qualified person as part of a complete personal fall arrest system maintaining a safety factor of at least two.11eCFR. 29 CFR 1926.502 – Fall Protection Systems Criteria and Practices Anchorages for personal fall arrest that cannot support at least 5,000 pounds per attached worker must also be designed and installed under a qualified person’s supervision.12Occupational Safety and Health Administration. 29 CFR 1926.502 – Fall Protection Systems Criteria and Practices Fall protection plans for leading edge work, precast concrete, and residential construction must be prepared by a qualified person, and later changes to those plans require a qualified person’s approval.
Steel Erection
When site conditions require alternate means of employee protection, 29 CFR 1926.752(e) requires a site-specific erection plan developed by a qualified person, and that plan must be available at the work site.13eCFR. 29 CFR 1926.752 – Site Layout, Site-Specific Erection Plan and Construction Sequence During hoisting and rigging, all loads must be rigged by a qualified rigger, and the rigging must be inspected by a qualified rigger before each shift.14Occupational Safety and Health Administration. 29 CFR 1926.753 – Hoisting and Rigging
Electrical and Power Systems
General industry electrical work under Subpart S requires a qualified person for work on or near exposed energized parts. Under 1910.269, training is a mandatory prerequisite: an employee must complete the training specified in 1910.269(a)(2)(ii) before being considered qualified, regardless of experience elsewhere.3eCFR. 29 CFR 1910.269 – Electric Power Generation, Transmission, and Distribution – Section: Definitions
What Is at Stake If the Designation Is Wrong
OSHA cites employers, not individual employees. As of 2025, the maximum penalty for a serious violation is $16,550, and the maximum for willful or repeated violations is $165,514.15Occupational Safety and Health Administration. US Department of Labor Announces Adjusted OSHA Civil Penalties Those amounts remain in effect through 2026 after the annual inflation adjustment was canceled.16The White House. Cancellation of Penalty Inflation Adjustments for 2026 Failing to have a qualified person where one is required, or designating someone who plainly does not meet the definition, can trigger those penalties.
Personal exposure is a separate track. In most jurisdictions, courts allow OSHA standards to be introduced as evidence of the standard of care in negligence lawsuits. If a worker is hurt because a scaffold was poorly designed or a crane was assembled without proper oversight, the designated qualified person’s decisions become central to the case. A plaintiff’s attorney will measure what the qualified person actually did against what the standard required, and the gap between the two becomes the basis for a negligence claim. Thorough records of how each qualified person was evaluated, what specific work they were designated for, and what ongoing training they have received are the most reliable defense when either an inspector or a lawyer starts asking.