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LEV Testing Under COSHH 2002: Legal Requirements Explained
Local Exhaust Ventilation (LEV) systems are a critical part of workplace health protection in industries where hazardous dusts, fumes, vapours, and mists are generated. In the UK, the legal framework for controlling these risks is primarily governed by the Control of Substances Hazardous to Health Regulations 2002 (COSHH).
One of the most important compliance obligations under COSHH is regular LEV testing to ensure that ventilation systems are effectively controlling harmful substances. This guide explains the legal requirements for LEV testing, how often it must be carried out, and what employers need to do to stay compliant.
What Is LEV Testing?
Local Exhaust Ventilation (LEV) systems are designed to capture and remove airborne contaminants at their source before workers can inhale them.
Common workplaces that rely on LEV systems include:
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Manufacturing and engineering workshops
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Welding and metal fabrication facilities
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Woodworking and carpentry shops
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Pharmaceutical laboratories
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Chemical processing plants
LEV systems typically include components such as:
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Hoods that capture contaminants
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Ducting that transports contaminated air
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Filters or air cleaners that remove harmful particles
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Fans that move the air through the system
Over time, these systems can lose efficiency due to wear, blockages, or poor maintenance, which is why regular examination and testing is legally required.
The Legal Basis: COSHH Regulation 9
LEV testing requirements are set out in Regulation 9 of the Control of Substances Hazardous to Health Regulations 2002.
This regulation requires employers to:
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Ensure control measures (such as LEV systems) are maintained in efficient working order
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Carry out thorough examination and testing (TExT) of LEV systems
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Keep records of examination results
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Take action if a system is found to be defective
The purpose of these requirements is to verify that exposure to hazardous substances remains adequately controlled.
How Often Must LEV Systems Be Tested?
COSHH specifies maximum intervals for testing, although some systems may require more frequent inspections depending on risk levels.
Typical testing intervals include:
| LEV Application | Testing Frequency |
|---|---|
| Standard industrial LEV systems | At least every 14 months |
| Systems controlling carcinogens | At least every 14 months |
| Systems used in certain specialised processes (e.g., Jute cloth manufacturing) | As defined by COSHH guidance (schedule 4) |
These intervals are considered the legal maximum, meaning testing can be carried out more frequently if risk assessments indicate the need.
What Happens During an LEV Thorough Examination and Test?
A Thorough Examination and Test (TExT) assesses whether the LEV system is performing to its original design specification.
A competent engineer will typically check:
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Airflow measurements
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Hood capture efficiency
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Static pressure in the system
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Filter condition and effectiveness
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Ductwork integrity
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Fan performance
The engineer may also conduct smoke tests or airflow visualisation to confirm contaminants are being properly captured.
LEV Testing Records: What Must Be Documented?
Under COSHH, employers must maintain written records of LEV examinations.
These records should include:
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The date of examination
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Details of the LEV system
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Test results and measurements
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Any defects identified
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Actions required to correct issues
Records must typically be kept for at least five years.
Maintaining accurate documentation is essential not only for compliance but also in the event of inspections by the Health and Safety Executive (HSE).
Who Is Qualified to Conduct LEV Testing?
LEV examinations must be carried out by a competent person with sufficient training, knowledge, and experience.
Many organisations use specialists who follow guidance set out in HSG258 Controlling Airborne Contaminants at Work, the main HSE guidance document for LEV systems.
Competent testers should be able to:
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Interpret system design specifications
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Perform airflow and pressure measurements
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Identify faults or performance issues
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Provide recommendations for corrective action
Employers remain responsible for ensuring the tester they hire is suitably qualified.
Risks of Non-Compliance
Failure to properly maintain and test LEV systems can lead to:
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Worker exposure to hazardous dusts and fumes
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Increased risk of occupational illnesses
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Enforcement action from regulators
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Significant fines or legal penalties
For example, companies found breaching COSHH may face enforcement action from the Health and Safety Executive, including improvement notices, prohibition notices, or prosecution.
Best Practices for Staying Compliant
To ensure ongoing compliance with COSHH LEV requirements, employers should:
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Maintain a LEV asset register
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Schedule testing before the 14-month deadline
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Carry out regular visual inspections between tests
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Ensure staff understand how the system should operate
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Keep detailed maintenance records
Combining these practices with professional LEV testing helps ensure systems remain effective and workers stay protected.
Final Thoughts
LEV testing plays a vital role in protecting workers from hazardous airborne contaminants. Under the Control of Substances Hazardous to Health Regulations 2002, employers have a clear legal responsibility to ensure that LEV systems are regularly examined, tested, and properly maintained.
By understanding the legal requirements and implementing a structured testing schedule, organisations can remain compliant while safeguarding employee health.
LEV Testing FAQ's
Yes. LEV testing is a legal requirement under the Control of Substances Hazardous to Health Regulations 2002 (COSHH). Regulation 9 requires employers to carry out a Thorough Examination and Test (TExT) of Local Exhaust Ventilation systems at legally defined intervals to ensure hazardous substances are adequately controlled.
Most LEV systems must be thoroughly examined and tested at least every 14 months. However, more frequent testing may be required depending on the risk assessment, the type of hazardous substance involved, or the working environment.
A Thorough Examination and Test (TExT) is a formal inspection of an LEV system to confirm it is operating effectively and in line with its original design specification. It includes airflow measurements, pressure checks, filter inspections, and system performance verification.
LEV testing must be conducted by a competent person with appropriate training, knowledge, and experience. Guidance on competence is outlined in HSG258 Controlling Airborne Contaminants at Work, published by the Health and Safety Executive. Employers are responsible for ensuring the person they appoint is suitably qualified.
Under COSHH, employers must keep detailed records of each LEV examination. These records should include:
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The date of the test
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System identification details
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Test results and measurements
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Any defects identified
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Recommended remedial actions
Records must typically be retained for at least five years.
If an LEV system fails to meet performance standards, it must be repaired or adjusted as soon as possible. Employers must ensure exposure to hazardous substances is adequately controlled in the meantime. Failure to act may result in enforcement action from the Health and Safety Executive.
LEV systems are commonly required in industries where airborne contaminants are generated, including:
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Welding and fabrication
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Woodworking
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Pharmaceutical manufacturing
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Chemical processing
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Construction and dust-producing activities
Any workplace that exposes employees to hazardous dust, fumes, vapours, or mists may require LEV under COSHH.
No. Routine maintenance involves regular checks and servicing to keep the system operational. LEV testing (TExT) is a formal legal requirement under COSHH to verify the system’s performance through measurement and documented examination.
Failure to comply with LEV testing requirements under the Control of Substances Hazardous to Health Regulations 2002 can result in improvement notices, prohibition notices, fines, or prosecution by the Health and Safety Executive. Penalties can be significant, particularly where worker health is put at risk.
To maintain compliance, businesses should:
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Conduct a suitable and sufficient COSHH risk assessment
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Keep an up-to-date LEV asset register
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Schedule testing before the 14-month deadline
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Maintain accurate examination records
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Ensure staff are trained in proper system use
A proactive compliance approach helps protect worker health while reducing the risk of enforcement action.
