Section 6 of the Health and Safety at Work etc. Act 1974

The Legal Duty That Places Health and Safety Responsibilities on Designers, Manufacturers, Importers and Suppliers

LEVCentral Expert Commentary

Most LEV professionals are familiar with the duties placed upon employers under COSHH.

Far fewer appreciate that the law also places significant responsibilities on the people who design, manufacture, import and supply equipment.

These duties are contained within Section 6 of the Health and Safety at Work etc. Act 1974 (HSWA) and are among the most important legal provisions affecting manufacturers and suppliers of workplace equipment—including Local Exhaust Ventilation systems.

Section 6 requires those who place articles or substances on the market for use at work to ensure, so far as is reasonably practicable, that they are safe and without risks to health. It also requires them to undertake appropriate testing and to provide sufficient information for the equipment or substance to be used safely throughout its life.

For LEV professionals, this is a particularly significant provision.

An LEV supplier’s responsibilities do not end when the installation has been completed. They extend to ensuring that the system has been properly designed, that adequate information is provided for its safe use, and that those purchasing the system understand its limitations, maintenance requirements and intended operating conditions.

View Original Legislation

Section 6 of HSW Act 1974

Key Legal Duties Under Section 6

Section 6 applies to persons who:

Design articles for use at work.
Manufacture workplace equipment.
Import workplace equipment.
Supply workplace equipment.
Design, manufacture, import or supply substances for use at work.
Erect or install workplace equipment where safety depends upon correct installation.

Their duties include ensuring, so far as is reasonably practicable:

Equipment is safe when installed.
Equipment is safe during normal use.
Equipment can be cleaned safely.
Equipment can be maintained safely.
Appropriate testing has been undertaken.
Users receive adequate operating information.
Users receive information about any conditions necessary for safe use.
Updated safety information is provided where new risks become known.

Why Section 6 Matters to LEV

Section 6 has direct relevance throughout the lifecycle of an LEV system.

Stage	Section 6 Implication
Design	The designer must ensure the proposed LEV system can operate safely and achieve its intended purpose.
Manufacture	Components should be suitable for their intended use and manufactured to an appropriate standard.
Installation	Where safety depends upon correct installation, installers have legal responsibilities.
Commissioning	The supplier should demonstrate that the installed system performs as intended and provide the information needed for safe operation.
Operation	Employers require sufficient information to operate the system correctly.
Maintenance	Information must be provided so maintenance can be carried out safely.
Modification	Significant changes should be assessed to ensure continued safety and effectiveness.

This lifecycle approach aligns closely with the philosophy promoted within HSG258 and the OXYL8 Defensible Commissioning Framework™.

Source Information

Legislation: Health and Safety at Work etc. Act 1974

Provision: Section 6 – General Duties of Manufacturers etc. as Regards Articles and Substances for Use at Work

Status: Primary UK Legislation

Primary Topics: Product Safety, Design Responsibilities, Manufacturers, Suppliers, Installers, Workplace Equipment, LEV Systems.

LEVCentral Perspective

Section 6 is sometimes overlooked because much occupational hygiene training understandably concentrates on employer duties under COSHH.

However, for LEV professionals, Section 6 is equally important.

It establishes that responsibility for health and safety begins long before an employer switches on a newly installed extraction system.

Designers have responsibilities.

Manufacturers have responsibilities.

Suppliers have responsibilities.

Installers have responsibilities.

Each plays a vital role in ensuring that the final system is capable of providing effective protection.

One aspect particularly relevant to LEV is the duty to provide adequate information.

In practical terms this means that suppliers should provide information such as:

operating instructions;
maintenance requirements;
filter replacement procedures;
safe operating limits;
design performance information;
commissioning data;
recommended inspection frequencies; and
user documentation, including LEV log books where appropriate.

Without this information, employers may find it difficult to fulfil their own duties under COSHH and HSG258.

Section 6 therefore creates an important link between those who supply LEV systems and those who ultimately own and manage them.

Further Resources

Recommended Learning

Thought Leadership

Section 6 reminds us that responsibility for occupational health does not begin when a worker enters the workshop.

It begins at the drawing board.

Every design decision—hood geometry, duct sizing, fan selection, filtration, control systems and access for maintenance—has the potential to influence the health and safety of future users. By placing legal duties on designers, manufacturers, suppliers and installers, Parliament recognised that effective risk control depends upon the entire supply chain, not simply the employer operating the equipment.

From a LEVCentral perspective, Section 6 provides an important legal foundation for defensible LEV commissioning. A professionally commissioned system demonstrates not only that an installation performs as intended, but also that the supplier has discharged a significant part of their responsibility to provide equipment that is safe, fit for purpose and supported by adequate information.

In many respects, Section 6 and COSHH work hand in hand—one establishing the duties of those who provide workplace equipment, the other defining the responsibilities of those who use and manage it.