The LEV Responsible Person: Roles and Duties

Managing hazardous substances in the workplace is not optional. If your operations generate dust, fumes, vapours, mists or gases, you have a clear legal duty to assess the risks and control exposure. COSHH sets the framework for that duty. LEV systems are often the primary engineering control used to meet it.

Understanding how COSHH and LEV work together is essential if you want to protect your employees, avoid enforcement action and demonstrate proper governance.

At DevineAir, we support organisations across the UK and Ireland with LEV testing, design, consultancy and wider environmental compliance services to ensure these responsibilities are properly managed.

What COSHH Legally Requires of You

COSHH stands for the Control of Substances Hazardous to Health Regulations 2002. The regulations apply to substances such as:

• Welding fumes
• Wood dust
• Silica dust
• Chemical vapours
• Solvents
• Cleaning agents
• Biological contaminants

Under COSHH, you must:

• Identify hazardous substances in your workplace
• Assess the risk of exposure
• Prevent exposure where reasonably practicable
• Adequately control exposure where prevention is not possible
• Maintain and monitor control measures
• Provide information and training
• Implement health surveillance where required

In Great Britain, enforcement is overseen by the Health and Safety Executive (HSE), in Northern Ireland it's the HSENI.

Engineering controls such as LEV systems are often necessary to meet these obligations. That is where competent design and ongoing testing become critical.

Where LEV Fits Into the Hierarchy of Control

COSHH follows a hierarchy of control. You must first consider elimination or substitution. If that is not reasonably practicable, engineering controls such as LEV are required to reduce airborne exposure to a safe level.

LEV systems capture contaminants at source before they enter the breathing zone. They are widely used in manufacturing, pharmaceutical production, woodworking, laboratories and fabrication environments.

However, not all systems are equal. Poorly designed or undersized systems may appear functional while failing to provide adequate control. That is why professional LEV design and consultancy support is essential from the outset. At DevineAir, we advise businesses on correct system specification to ensure compliance from day one.

Your Duty to Maintain and Test LEV

Regulation 9 of COSHH requires that control measures be maintained in efficient working order and in good repair.

For LEV systems, this includes a Thorough Examination and Test at least every 14 months, unless your risk assessment specifies a shorter interval.

A compliant LEV test involves:

• Measuring airflow performance
• Checking static pressure
• Inspecting ductwork and capture hoods
• Assessing filter condition
• Confirming system effectiveness against design criteria
• Determining whether exposure remains adequately controlled

A competent person must carry out this testing. Our P601, P602, P603, and P604-qualified consultants provide technically robust LEV testing across the UK and Ireland, supported by clear reporting and practical recommendations.

Where issues are identified, maintenance support is essential. Without corrective action, compliance is not achieved.

Risk Assessment and Ongoing Review

Your COSHH assessment must clearly identify:

• The hazardous substances present
• The processes generating emissions
• Who may be exposed
• The level of risk
• The control measures in place, including LEV

If your operations change or new substances are introduced, the assessment must be reviewed. Changes in airflow performance or air quality monitoring results may also require reassessment.

In addition to LEV services, DevineAir provides air quality assessments and expert COSHH advice to ensure your documentation and control strategies align with regulatory expectations.

Monitoring the Wider Workplace Environment

LEV systems are often one part of a broader environmental control framework. Depending on your industry, you may also need:

• Noise monitoring
• Cleanroom testing and validation
• Hand and Arm Vibration Assessments
• Workplace light assessments

These services support compliance with wider Health & Safety legislation and help ensure your overall working environment remains safe and defensible.

Our W201-qualified consultants and environmental specialists provide these assessments alongside LEV testing to deliver a coordinated compliance solution for businesses.

Consequences of Failing to Manage COSHH and LEV Properly

The Health and Safety Executive regularly prosecutes businesses that fail to control hazardous exposure.

Consequences can include:

• Improvement or prohibition notices
• Significant fines
• Criminal liability for directors
• Increased civil claims

Beyond enforcement, inadequate control can lead to occupational illness, absenteeism, and long-term liability. Effective LEV design, testing and maintenance significantly reduce these risks.

Conclusion

COSHH places a clear legal duty on you to control exposure to hazardous substances, and LEV systems are often central to meeting that responsibility. However, compliance requires more than installation. It demands proper design, competent testing, regular maintenance and accurate documentation.

DevineAir supports businesses across the UK and Ireland with complete LEV services, including Thorough Examination and Testing, LEV design and consultancy, logbooks, maintenance contracts, airflow indicator installation, awareness training and specialist support for systems such as fume cupboards and microbiological safety cabinets.If you need clarity on your COSHH obligations or support with your LEV systems, contact DevineAir today. We are ready to help you protect your workforce and stay compliant.