COSHH, law & TExT
If you own the extraction, COSHH owns you the duty - and it is a set of ongoing obligations, not a single annual task.
The short answer
Under COSHH the employer who provides LEV to control exposure is the duty holder - the LEV owner - and that responsibility cannot be handed off to a contractor. It is easiest to think of the obligations as a connected set that runs continuously: provide control that works, make sure it is used and maintained, have it examined and tested, keep the records, and act on what they tell you. Do all of it and you are compliant; do only the annual test and you have started the job, not finished it.
The detail
It begins with Regulation 7: prevent or, where that is not reasonably practicable, adequately control exposure - which for LEV means a system that is right for the process and actually captures the contaminant at source. Regulation 8 then requires that the controls are properly used and maintained, and that employees cooperate; in practice this is the weekly operator checks HSG258 expects and prompt reporting of faults.
Regulation 9 is the maintenance, examination and testing duty: keep the system in efficient working order, good repair and clean condition, have a thorough examination and test carried out by a competent person at least every 14 months (more often for Schedule 4 processes or higher risk), and keep the test records for at least five years. The duties interlock - each one relies on the others being done.
What it means for you
Two obligations get overlooked. The first is record keeping and its retention: not just having the test done, but keeping the report, the logbook of weekly checks and the commissioning data, for at least five years, so continuous control can be evidenced. The second is acting on findings - a remedial action noted in a report and then ignored is a live breach, not a closed one.
Underpinning all of it is that the duty stays with you. You can appoint a competent examiner and a maintenance contractor, but you remain responsible for making sure the control is adequate, used, maintained, tested and put right when it falls short. Owning the system means owning the duty - which is why the sound approach is to treat LEV compliance as an ongoing routine rather than a date in the diary.
The service behind the guide
We carry out the statutory thorough examination and test and help you keep the surrounding duties - checks, records and remedial actions - in order, so your responsibilities as LEV owner are fully met.
Questions
The employer who provides the LEV to control exposure to a hazardous substance. COSHH makes that employer the duty holder, and the responsibility cannot be transferred to a testing or maintenance contractor.
Provide adequate control (Regulation 7); ensure it is properly used and maintained (Regulation 8); maintain, examine and test it and keep records (Regulation 9); retain test records for at least five years; carry out routine checks; and act on the findings.
At least five years under COSHH. In practice, keeping the logbook, reports and commissioning data together for the life of the system is good practice, because it evidences continuous control over time.
You can appoint competent people to carry out the testing and maintenance, but the legal duty stays with you as employer. You remain responsible for ensuring control is adequate, maintained, tested and put right when it falls short.
Acting on findings and keeping records. A remedial action noted in a report and then ignored is a live breach, and without retained records you cannot demonstrate the system has been under continuous control.
Phoenix Duct Clean · by the numbers
We handle the statutory testing and help you keep the checks, records and remedial actions in order - so your duties as LEV owner are met, not just started. Call or email to talk it through.