LEV Testing Requirements UK: The Complete Guide to COSHH Regulation 9

If you operate local exhaust ventilation in the UK, the law places specific duties on you. Not recommendations — legal requirements, with real consequences for non-compliance.

Everything stems from one piece of legislation: the Control of Substances Hazardous to Health Regulations 2002, known as COSHH. Regulation 9 deals specifically with LEV. Here's what it requires and what happens if you fall short.

What COSHH Regulation 9 Requires

Regulation 9 creates four distinct duties for employers who provide LEV systems as a control measure:

1. Maintain LEV in efficient working order, in efficient working condition, and in good repair.

This is an ongoing duty. It means routine maintenance — replacing worn belts, clearing blocked filters, repairing damaged ducting — not just waiting for the annual examiner. The standard is that the system must be working effectively whenever it's needed. A system that only works properly on the day the examiner visits doesn't meet this requirement.

2. Thorough examination and testing at least every 14 months.

Every LEV system covered by COSHH must undergo a thorough examination and test (TExT) at intervals not exceeding 14 months. This isn't a service call or a visual check. It's a formal, documented assessment of whether the system is performing as designed, carried out by a competent person using calibrated instruments.

3. Keep records for at least 5 years.

Every TExT must produce a written report, and you must retain it for a minimum of 5 years. These records must be available for HSE inspectors to review on request — at your premises, without prior notice.

4. Ensure LEV is properly used.

Employees must actually use the LEV system when doing work that generates airborne contaminants. A perfectly maintained system that nobody switches on doesn't satisfy the regulations.

These duties apply to all LEV systems provided as COSHH control measures, regardless of business size or sector. A nail salon with a single extraction unit has the same legal framework as a large manufacturing facility.

Testing Frequency — The 14-Month Rule

The 14-month maximum interval is set by COSHH Regulation 9. But why 14 months and not 12?

The 14-month interval provides a practical buffer. If your last examination was in January, you have until March of the following year — not the following January. This accommodates scheduling difficulties, examiner availability, and minor delays without immediately putting you in breach. It's a pragmatic allowance, not an invitation to push testing as late as possible.

What counts as a thorough examination and test

A TExT is a comprehensive assessment. HSG258 sets out what this should include:

Measurement of capture velocities at each hood
Measurement of transport velocities in ductwork
Assessment of air cleaning equipment performance (filters, scrubbers)
Visual inspection of all components — hoods, ductwork, fans, motors, discharge points
Comparison of current performance against the system's design specification or commissioning data
Review of maintenance and user check records
A written report documenting all findings, measurements, and required actions

When more frequent testing is required

The 14-month interval is a maximum, not a target. Your risk assessment may indicate more frequent testing if:

The LEV controls exposure to highly toxic substances (certain carcinogens, sensitisers)
The system is subject to heavy wear or corrosive conditions
The work process has changed since the system was designed
Previous examinations have identified deterioration between tests

In these cases, your examiner should advise on an appropriate interval — which might be every 6 or 12 months.

Record-Keeping Requirements

Record-keeping is where compliance most commonly breaks down. The HSE ran 4,000 targeted dust inspections in 2024/25, and incomplete or missing LEV records are among the most frequent findings. Less than half of companies with LEV systems regularly test them — and even businesses that do test often can't produce the documentation to prove it.

What records must contain

A TExT report should include:

Date of the examination and test
Identity of the LEV system examined (location, description, any reference numbers)
The condition of each component
All measurements taken, with instruments used
The examiner's assessment of whether the system adequately controls exposure
Any repairs, modifications, or improvements required
The name and status of the competent person who carried out the examination
The date by which the next examination must take place

For routine user checks, record the date, who did the check, what was inspected, any readings taken, problems found, and actions taken.

Format — paper or digital

The COSHH Regulations don't prescribe a format. Paper logbooks, spreadsheets, or digital systems are all acceptable. What the HSE cares about is that records are:

Complete — no gaps in the testing schedule
Legible — readable and clear
Accessible — producible when an inspector asks, without delay

Use our free record-keeping requirements checker to confirm your records meet these standards.

What HSE inspectors actually look for

Inspectors checking LEV compliance will typically ask for:

Your most recent TExT report for each LEV system
Evidence that any remedial actions from the last report were completed
Records of routine maintenance and user checks
Evidence that the 14-month interval hasn't been exceeded
Training records showing that relevant staff understand the LEV system

A complete set of well-organised records signals competent management. Gaps, missing reports, or records that stop abruptly raise immediate concerns.

What Happens When You Don't Comply

The HSE has a range of enforcement tools, and it uses them. Enforcement activity around LEV and dust exposure has been a priority area. The HSE's work-related lung disease programme drives targeted inspections across sectors where airborne contaminants are common — woodworking, stonemasonry, bakeries, metalworking, and construction.

Enforcement actions

Improvement notices require you to fix a specific problem within a set timeframe. Failing to comply with an improvement notice is a criminal offence.

Prohibition notices stop you from using a process or piece of equipment until the risk is addressed. If your LEV system is so deficient that workers face immediate risk, an inspector can shut down the affected operation on the spot.

Prosecution is reserved for serious or repeated breaches. Under the Health and Safety at Work etc Act 1974, fines for COSHH breaches can reach six figures. Magistrates' courts can impose unlimited fines for health and safety offences. The Health and Safety Offences, Corporate Manslaughter and Food Safety and Hygiene Offences Definitive Guideline, in force since February 2016, has led to significantly higher penalties. Crown Court cases can result in even higher penalties.

Personal liability — directors and senior managers can face personal liability under section 37 of the Health and Safety at Work etc. Act 1974 if a breach is attributable to their consent, connivance, or neglect. This isn't theoretical; the HSE does pursue individuals.

The cost beyond fines

Enforcement notices and prosecutions are published on the HSE's public register. The reputational cost, the management time consumed by enforcement proceedings, and the potential for civil claims from affected employees all compound the financial penalty.

How to Meet Your Legal Duties

Compliance with COSHH Regulation 9 isn't complicated. It requires organisation, not expertise. Here's the practical sequence:

1. Identify all your LEV systems. List every piece of local exhaust ventilation on your premises. Include extraction systems you might not think of as "LEV" — dental suction, nail bar extraction, kitchen hoods used to control exposure to cooking fumes or cleaning chemicals.

2. Find a competent examiner. The examiner must have sufficient training, knowledge, and experience for your specific LEV type. Ask about their experience, qualifications, and what their report will include. The HSE's LEV guidance provides a starting point.

3. Schedule TExT within the 14-month cycle. Book your first examination. Set a reminder for the next one. Use our free LEV testing due date calculator to work out exactly when your next examination is due. The 14-month clock starts from the date of each examination — miss the deadline and you're immediately in breach.

4. Set up user checks. Train a member of staff to carry out daily or weekly checks. Use our free LEV compliance checklist generator to create a checklist tailored to your LEV type. Record every check.

5. Maintain your records. Store TExT reports and user check logs where you can find them quickly. Keep them for at least 5 years. If an inspector visits, you should be able to produce your records within minutes, not days.

6. Act on findings. When an examiner or a user check identifies a problem, fix it promptly and record the repair. A report that identifies a fault is only useful if you act on it.

Staying Audit-Ready

The hardest part isn't any single step — it's sustaining all of them consistently, especially when you're managing multiple LEV systems across different 14-month cycles. LEVproof will be a digital compliance tracker designed to handle exactly this: scheduling, record-keeping, and audit readiness for UK LEV systems. Join the waitlist for early access.

Sources

Control of Substances Hazardous to Health Regulations 2002 (COSHH) — legislation.gov.uk
HSG258: Controlling airborne contaminants at work — HSE
LEV guidance for employers — HSE
Local exhaust ventilation (LEV) guidance — HSE
COSHH main page — HSE
Work-related lung disease — HSE

This guide summarises published HSE and government guidance. It does not constitute legal advice. Consult a qualified professional for advice specific to your situation.