PhoenixDuctClean

COSHH, law & TExT

The COSHH LEV Duty Employers Underestimate

Booking a test every 14 months feels like compliance. It is one step of a duty that starts long before the examiner arrives.

Reg 7
Control exposure
Reg 8
Use controls properly
Reg 9
Maintain + test
Duty holder
The employer
Outsource test
Not the duty
Ongoing
Not annual only
REG 7control exposureREG 8use it properlyREG 9maintain + testDUTYHOLDER
TR19 certificate Before & after photos Filters degreased Fully insured EHO accepted

The short answer

The 14-month test is the closing step of a three-regulation duty, not the whole of it

It is easy to treat LEV compliance as a single annual event. In reality the thorough examination and test sits at the end of a chain: COSHH Regulation 7 requires you to prevent or adequately control exposure, Regulation 8 requires you to make sure the controls are actually used and kept working, and Regulation 9 requires you to maintain them, examine and test them, and keep the records. Book only the test and you have done the last part while neglecting the first two.

The detail

Where the duty really begins

The duty starts with control that is fit for the substance and the process - the right hood in the right place, moving enough air. It continues with use: operators positioning work correctly, reporting faults, and the weekly checks HSG258 expects being done and recorded. The TExT then confirms, once every 14 months at most, that all of this is still holding up.

None of these steps substitutes for another. A perfectly maintained system that operators bypass is not controlling exposure; a well-used system that has never been examined cannot be shown to be working. The regulations interlock deliberately, and an inspector reads them together.

What it means for you

The duty stays with you

A crucial point that catches employers out: outsourcing the test to a competent contractor outsources the test method, not the legal duty. The employer remains the duty holder. If the examiner flags a defect and it is not acted on, that is the employer's breach, not the contractor's.

That is why the paperwork around the test matters as much as the test. The logbook, the weekly check records and the closed-out remedial actions are what turn a one-day examination into a defensible, continuous control regime - and what stands up when someone who was not there asks how you know the system is still safe.

It also means the duty does not pause between tests. Control has to hold every shift, not just on the day the examiner visits, which is why the weekly checks and the habit of fixing faults promptly matter as much as the annual examination itself.

Reg 7-8-9
One chain
Employer
Keeps the duty
Records
Prove it held

The service behind the guide

A test, and the discipline around it

Alongside the thorough examination and test, we help you put the surrounding duty in order - the weekly checks, the logbook and acting on findings - so compliance is a habit rather than an annual scramble.

Questions

Frequently asked questions

Is booking the 14-month test enough to comply with COSHH?

No. The test satisfies part of Regulation 9, but Regulations 7 and 8 also require you to provide adequate control and ensure it is used and maintained. Compliance is the whole chain, not the annual examination alone.

Who is the duty holder for LEV under COSHH?

The employer who provides the LEV to control exposure. That duty cannot be transferred to a testing contractor - you can outsource the test method but not the legal responsibility.

If I outsource LEV testing, am I still liable?

Yes. Engaging a competent examiner discharges the practical task, but the employer remains responsible for maintaining the system and acting on the examiner's findings.

What are the three COSHH regulations that apply to LEV?

Regulation 7 requires exposure to be prevented or adequately controlled; Regulation 8 requires controls to be properly used and maintained; Regulation 9 requires maintenance, thorough examination and testing, and record keeping.

What is the most common LEV compliance mistake?

Treating the 14-month test as the entire duty. The frequent failure is neglecting the weekly checks, the logbook and closing out remedial actions - the evidence that control was continuous between tests.

20+ Years of Experience

Phoenix Duct Clean · by the numbers

Kitchen canopies
degreased
4,287
Laundry ducts
cleaned
1,877
LEV systems
tested
1,658
Hours
on site
54,754

Get the whole LEV duty covered, not just the test

We test to COSHH Regulation 9 and help you close the gaps around it - logbook, weekly checks and remedial actions - so your control regime is defensible. Call or email to talk it through.