BFFF were recently asked to help a member company spec out a new Local Exhaust Ventilation (LEV) system for extracting ingredient dust. On speaking to other member companies to gain a collective view we discovered a potential legal loop hole. This loop hole could result in some companies having through examinations which do not meet legal requirements therefore being exposed to prosecution and litigation.

Something to note and not known by many is that when LEV thorough examinations are carried out by an insurance engineer/competent person, if there is no commissioning report or logbook, they won’t be able to complete the checks as required by the Control of Hazardous Substance Regulations (CoSHH). The commissioning report will state the ‘draw’ of the LEV required in set points to adequately control the substances extracted.  If the insurance inspector does not have the correct readings, they don’t have anything to compare current readings against. They will then use general estimates which means it does not comply with CoSHH. These estimates are normally recorded on the certificate of thorough examination/report in very small writing therefore companies are paying for something they are not receiving.

We encourage all members to check exiting certificates of thorough examination for LEV’s to ensure readings have been compared with actual draw requirements stated in commissioning report.

It is crucial to ensure:

• Suppliers completing thorough examinations on LEV competent,
• Commissioning reports and logbooks are made available for those completing the thorough examination, this to enable them to check the performance against the requirements of CoSHH.

The HSE’s guidance HSG 258 for LEV systems can be downloaded from the below link:

https://www.hse.gov.uk/pubns/books/hsg258.htm