Kenya - 2015

1.1 Description of OSH regulatory framework

2.1 Health and safety covers physical and psychological health

2.2 Definition of worker

• 2.2.1 Coverage of particular categories of workers

  Sometimes.
  

  • 2.2.1.1 Migrant workers

    Summary/citation: "Interpretation
    In this Act, unless the context otherwise requires—
    “migrant worker” means a person who migrates to Kenya with a view to being employed by an employer and includes any person regularly admitted as a migrant worker."

    • The Employment Act, 2007 (No. 11 of 2007). (Art. 2)

  • 2.2.1.2 Domestic workers

    No data available.
    

  • 2.2.1.3 Home workers

    No data available.
    

  • 2.2.1.4 Self-employed persons

    Summary/citation: "Interpretation
    In this Act, unless the context otherwise requires—
    “self-employed person” means an individual who works for gain or reward other-wise than under a contract of employment, whether or not he employs others."
    

    • Occupational Safety and Health Act, 2007 (Act No. 15 of 2007) (Cap. 514). (Art. 2)

2.3 Definition of employer

2.4 Exclusion of branches of economic activity

• 2.4.1 Agriculture

  Summary/citation: (1) This Act shall apply to all workplaces where any person is at work, whether temporarily or permanently.
  (2) The purpose of this Act is to —
  (a) secure the safety, health and welfare of persons at work; and
  (b) protect persons other than persons at work against risks to safety and health arising out of, or in connection with, the activities of persons at work.

  • Occupational Safety and Health Act, 2007 (Act No. 15 of 2007) (Cap. 514). (Art. 3)

• 2.4.2 Construction

  Summary/citation: (1) This Act shall apply to all workplaces where any person is at work, whether temporarily or permanently.
  (2) The purpose of this Act is to —
  (a) secure the safety, health and welfare of persons at work; and
  (b) protect persons other than persons at work against risks to safety and health arising out of, or in connection with, the activities of persons at work.
  (Art. 3)

  The Minister may, after consultation with the Council, make regulations ―
  (a) which are necessary or expedient in the interest of the safety and health of persons at work, or the safety and health of persons who use plant or machinery, or the protection of persons other than persons at work against risks to safety and health arising from or connected with the activities of persons at work, including regulations to provide for ―
  (i) the planning, layout, construction, use, alteration, repair, maintenance or demolition of buildings;
  (iii) the design, manufacture, construction, installation, operation, use, handling, alteration, repair, maintenance or conveyance of plant, machinery or health and safety equipment.
  (Art. 127(2))

  • Occupational Safety and Health Act, 2007 (Act No. 15 of 2007) (Cap. 514). (Arts. 3, 127(2))

• 2.4.3 Services

  Summary/citation: "Interpretation
  In this Act, unless the context otherwise requires—
  “contract of service” means an agreement, whether oral or in writing, and whether expressed or implied, to employ or to serve as an employee for a period of time, and includes a contract of apprenticeship and indentured learnership but does not include a foreign contract of service to which Part XI of this Act applies."
  (Art. 2 The Employment Act)

  "Application
  This Act shall apply to all employees employed by any employer under a contract of service."
  (Art. 3 The Employment Act)

  "Application of Act
  (1) This Act shall apply to all workplaces where any person is at work, whether temporarily or permanently.
  (2) The purpose of this Act is to—
  (a) secure the safety, health and welfare of persons at work; and
  (b) protect persons other than persons at work against risks to safety and health arising out of, or in connection with, the activities of persons at work."
  (Art. 3 Occupational Safety and Health Act)
  

  • Occupational Safety and Health Act, 2007 (Act No. 15 of 2007) (Cap. 514). (Art. 3)

  • The Employment Act, 2007 (No. 11 of 2007). (Arts. 2 and 3)

• 2.4.4 Public sector

  Summary/citation: "Application
  (1) This Act shall apply to all employees employed by any employer under a contract of service.
  (2) This Act shall not apply to—
  (a) the armed forces or the reserve as respectively defined in the Armed Forces Act (Cap. 199);
  (b) the Kenya Police, the Kenya Prisons Service or the Administration Police Force;
  (c) the National Youth Service; and
  (d) an employer and the employer’s dependants where the dependants are the only employees in a family undertaking."
  

  • The Employment Act, 2007 (No. 11 of 2007). (Art. 3)

  Related CEACR Comments
  • Labour Clauses (Public Contracts) Convention, 1949 (No. 94) Direct Request 2017
  

• 2.4.5 Other

  Summary/citation: Other coverage:
  PART XII – SPECIAL APPLICATIONS
  "Premises where part of building is separate workplace
  (1) Where a part of a building is let off as a separate workplace, the provisions of this Act shall apply to that part of the building used for the purposes of the workplace."
  (Art. 104)

  "Premises in which steam boilers are used
  (1) The provisions of this Act shall apply to any premises (not being premises forming part of a workplace) in which a steam boiler is used, as if the premises were a workplace and as if the person having the actual use or occupation of the premises were the occupier of a workplace.
  (2) If at any time a steam boiler is to be used in any premises, not being premises forming part of a workplace, the occupier shall, within one month after the date upon which the boiler is first used, send to the Director a written notice containing the particulars set out in the Ninth Schedule."
  (Art. 105)

  "Premises in which hoists or lifts are used
  (1) The provisions of this Act shall apply to any premises (not being premises forming part of a workplace) in which a hoist or a lift is used, as if the premises were a workplace and as if the person having the actual use or occupation of the premises were the occupier of a workplace.
  (2) If at any time a hoist or a lift is to be used in any premises not being premises forming part of a workplace, the occupier shall, within one month after the date upon which the hoist or lift is first used, send to the Director a written notice of the address at which the hoist or lift is used."
  (Art. 106)

  "Platforms erected over water
  (1) Every occupier or owner of a vessel or platform erected over water or in water shall ensure that adequate measures have been taken to protect the safety and health of persons employed on any vessel or platform and shall at all times comply with the provisions of this Act.
  (2) The provisions of subsection (1) shall apply to fishing vessels, training and diving operations and other works carried out in or on water, including works of engineering construction and similar operations."
  (Art. 107)

  Factories (Docks) Rules: "Enacted pursuant to the Factories Ordinance, 1950 (No. 38 of 1950). Sets forth, inter alia, provisions relating to safety procedures aboard ships or at piers.The Factories Act has since been repealed by article 129 of the Occupational Safety and Health Act, 2007 (Act No. 15 of 2007), which becomes the new basic text for this Regulation. Article 129(2)(b) provides that:
  "any subsidiary legislation issued before the commencement of this Act shall, as long as it is not inconsistent with this Act remain in force until repealed or revoked by subsidiary legislation under the provisions of this Act and shall, for all purposes be deemed to have been made under this Act.""
  (Factories (Docks) Rules)

  • Occupational Safety and Health Act, 2007 (Act No. 15 of 2007) (Cap. 514). (Arts. 104 - 107)

  • The Mining (Safety) (Amendment) Regulations, 1963.

  • Factories (Docks) Rules (L.N. 306 of 1962).

2.5 Definition of occupational accident

2.6 Definition of occupational disease

• 2.6.1 List of occupational diseases

  Summary/citation: Second Schedule: Prescribed Occupational Diseases [Section 22]

  • Occupational Safety and Health Act, 2007 (Act No. 15 of 2007) (Cap. 514). (Second Schedule)

• 2.6.2 Mechanism for compensating other diseases as occupational ones

  No data available.
  

3.1 Competent national authority for safety and health at work

• 3.1.1 Objectives, roles and/or functions

  No data available.
  

• 3.1.2 Chairperson and composition

  No data available.
  

3.2 National OSH research programme or institute

• 3.2.1 Objectives, roles and/or functions

  Summary/citation: "The Director
  (1) There shall be a Director of Occupational Safety and Health Services who shall be responsible for the administration of this Act.
  (2) The Director shall be—
  (a) an ex officio member of the Council but shall have no right to vote; and
  (b) the secretary of the Council.
  (3) The Director shall ensure adequate consultations on proposed occupational safety and health standards regulations and codes of practice.
  (4) The Director shall—
  (a) develop a five year strategic plan for improving occupational safety and health; and
  (b) ensure that the plan specified in paragraph (a) meets the existing and future needs of industry and the community.
  (5) The Director may, after consultation with the technical advisory committee established under section 30, issue a certificate of approval to a competent person to carry out—
  (a) examination and testing of plants and equipments;
  (b) medical examination of employees;
  (c) medical surveillance on the health of persons employed;
  (d) safety and health audits of workplaces; or
  (e) any other function necessary under Act.
  (6) A certificate of approval issued under this section shall be renewed annually.
  (7) The Director may at any time revoke a certificate of approval issued under subsection (5).
  (8) The Director—
  (a) shall promote education and training in occupational safety and health;
  (b) shall collect and disseminate information on occupational safety and health;
  (c) shall promote occupational safety and health in all workplaces and in the community to encourage a safety and health culture in workplaces;
  (d) may conduct training for enterprises, self employed persons, individuals and occupational safety and health officers;
  (e) may after consultation with the technical advisory committee, approve in writing training institutions providing occupational safety and health
  training.
  (9) A notice or certificate issued by the Director under this section may be issued for a limited period and may be varied or revoked by the Director."
  (Art. 23)

  "Research and related activities
  (1) The Director shall conduct directly or in collaboration with other persons or bodies, research, experiments and demonstrations relating to occupational
  safety and health, including studies of psychological factors involved, and relating to innovative methods, techniques and approaches of dealing with occupational safety and health problems.
  (2) The Director shall develop specific plans for such research, demonstration, and experiments as are necessary to produce criteria, including criteria for
  identifying toxic substances, for the formulation of safety and health standards under this act; and the Director on the basis of such research, demonstration, and experiments, or any other information available to him, shall develop and publish the criteria necessary for the purposes of this Act.
  (3) The Director shall develop criteria to deal with toxic material and harmful physical substances and agents which shall describe exposure levels that are safe for various periods of employment, including, but not limited to the exposure level, at which no employee will suffer impaired health, functional capacities or diminished life expectancy as a result of his work experience.
  (4) The Director shall conduct special research, experiments, and demonstrations relating to occupational safety and health as are necessary to explore new problems including those created by new technology in occupational safety and health, which may require ameliorative action beyond that which is otherwise provided for in this Act and shall also conduct research into the motivational and behavioural factors relating to the field of occupational safety and
  health.
  (5) In order to develop needed information regarding potentially toxic substances or harmful physical agents, the Director, may with the approval of the
  Minister, prescribe regulations requiring employers to measure, record, and make reports on the exposure of employees to substances or physical agents which may endanger the health or safety of employees and may by such regulations, establish such programmes of medical examinations and tests as may be necessary for determining the incidence of occupational illnesses and the susceptibility of employees to such illness.
  (6) The Director shall establish a safety and health institute to be known as the Occupational Safety and Health Institute to undertake research into all aspects of safety and health and to conduct safety and health skills training for occupational safety and health officers and other persons."
  (Art. 24)

  "Collection of occupation safety and health statistics
  In order to further the purposes of this Act, the Director shall develop and maintain an effective programme of collection, compilation and analysis of
  occupational safety and health statistics which shall cover work injuries and illnesses including all disabling, serious, or significant injuries and illnesses, whether or not involving loss of time from work, other than minor injuries requiring only first aid treatment and which do not involve medical treatment, loss of consciousness, restriction of work or motion, or transfer to another job."
  (Art. 25)

  "Technical advisory committee
  (1) The Director may from time to time constitute a technical advisory committee.
  (2) A technical advisory committee shall consist of the Director as chairman and not less than five other members from relevant occupational safety and health disciplines."
  (Art. 30)

  "Functions of the technical advisory committee
  (1) A technical advisory committee shall—
  (a) approve persons for purposes of this Act;
  (b) approve institutions or firms to carry out laboratory tests and analysis of substances and articles for use at workplaces;
  (c) approve training syllabi to be used by organizations, institutions, firms or consultants offering occupational safety and health courses;
  (d) ensure professional ethics of all approved persons and institutions;
  (e) formulate and publish standards and specifications or other forms of guidance for the purpose of assisting employers, employees and other users to maintain adequate standards of occupational safety and health at the workplace;
  (f) promote education and training in occupational safety and health;
  (g) collect and disseminate information on occupational safety and health; and
  (h) carry out any other activity relating to occupational safety and health.
  (2) The Minister shall, with approval of the Treasury determine the allowances for the members of the committee."
  (Art. 31)

  • Occupational Safety and Health Act, 2007 (Act No. 15 of 2007) (Cap. 514). (Arts. 23 - 31)

• 3.2.2 Governance board constitution and chairmanship

  No data available.
  

• 3.2.3 Source of funding

  No data available.
  

3.3 National OSH programme

• 3.3.1 Consultation on the national OSH programme

  No data available.
  

4.1 Duty to ensure the health and safety of employees

4.2 Duty to protect the health and safety of people other than their own employees

4.3 Collaboration among two or more employers at the same workplace

4.4 Surveillance of workers’ health in relation to work

• 4.4.1 Specific hazards for which surveillance is required

  No data available.
  

4.5 Surveillance of the working environment and working practices

4.6 Duty to provide personal protective equipment

4.7 Duty to ensure the usage of personal protective equipment

4.8 Duty to provide first-aid and welfare facilities

• 4.8.1 Arrangements for first-aid

  Summary / Citation: "Pursuant to the Factories Ordinance, Chapter 514, amends the Factories (First Aid) Rules by specifying contents of first aid boxes located in factories. The Factories Ordinance has since been repealed by article 129 of the Occupational Safety and Health Act, 2007 (Act No. 15 of 2007), which becomes the new basic text for this Regulation. Article 129(2)(b) provides that:
  "any subsidiary legislation issued before the commencement of this Act shall, as long as it is not inconsistent with this Act remain in force until repealed or revoked by subsidiary legislation under the provisions of this Act and shall, for all purposes be deemed to have been made under this Act.""
  (Factories (First-Aid) Order)

  "First-aid
  Every occupier shall provide and maintain so as to be readily accessible, a firstaid box or cupboard of the prescribed standard."
  (Art. 95 Occupational Safety and Health Act)

  • Occupational Safety and Health Act, 2007 (Act No. 15 of 2007) (Cap. 514). (Art. 95)

  • The Factories (First Aid)(Amendment) Order [L.N. No. 606]

  • Factories (First-Aid) Order (G.N. 974 of 1951).

• 4.8.2 Sanitary installations

  Summary / Citation: "Pursuant to the Employment Act, No. 2 of 1976, requires employers to provide suitable latrines. Provisions regarding placement, construction, design, cleanliness and ventilation. Revokes prior rules."
  (The Employment (Sanitation) Rules)

  "Sanitary conveniences
  (1) Sufficient and suitable sanitary conveniences for the persons employed in the workplace shall be provided, maintained and kept clean, and effective provision shall be made for lighting the conveniences; and, where persons of both sexes are or are intended to be employed (except in the case of workplaces where the only persons employed are members of the same family dwelling there), such conveniences shall afford proper separate accommodation for persons of each sex.
  (2) The Minister may make rules for determining for workplaces or for any class or description of workplace what is sufficient and suitable provision for the purpose of this section."
  (Art. 52 Occupational Safety and Health Act)

  "Enforcement of section 52 by local authorities
  The provisions of section 52 and of any rules made thereunder shall, in such areas as the Minister may by notice in the Gazette direct, be enforced by the local authority."
  (Art. 53 Occupational Safety and Health Act)

  "Duty of occupational safety and health officer as to sanitary defects remediable by local authority
  Where an occupational safety and health officer finds any act or default in relation to any drain, sanitary convenience, water supply, nuisance or other matter in a workplace which is liable to be dealt with by the local authority under this Part or under the law relating to public health, he shall give notice therefore in writing to the local authority."
  (Art. 54 Occupational Safety and Health Act)

  • Occupational Safety and Health Act, 2007 (Act No. 15 of 2007) (Cap. 514). (Arts. 52 - 54)

  • The Employment (Sanitation) Rules, 1977 [L.N. No. 159]

• 4.8.3 Drinking water

  Summary / Citation: "Water
  An employer shall provide a sufficient supply of wholesome water for the use of his employees at the place of employment and, as the case may be, within a reasonable distance of any housing accommodation provided for the employees by the employer."
  (Art. 32 The Employment Act)

  "Supply of drinking water
  (1) Every occupier shall provide and maintain an adequate supply of wholesome drinking water at suitable points conveniently accessible to all persons employed.
  (2) A supply of drinking water which is not laid on shall be contained in suitable vessels, and shall be renewed at least daily, and all practicable steps shall be taken to preserve the water and vessels from contamination, and a drinking water supply whether laid on or not shall, in such cases as an occupational safety and health officer may direct, be clearly indicated as the occupational safety and health officer may require."
  (Art. 91 Occupational Safety and Health Act)
  

  • Occupational Safety and Health Act, 2007 (Act No. 15 of 2007) (Cap. 514). (Art. 91)

  • The Employment Act, 2007 (No. 11 of 2007). (Art. 32)

• 4.8.4 Rest and eating areas

  Summary / Citation: "Housing
  (1) An employer shall at all times, at his own expense, provide reasonable housing accommodation for each of his employees either at or near to the place of employment, or shall pay to the employee such sufficient sum, as rent, in addition to the wages or salary of the employee, as will enable the employee to obtain reasonable accommodation.
  (2) This section shall not apply to an employee whose contract of service—
  (a) contains a provision which consolidates as part of the basic wage or salary of the employee, an element intended to be used by the employee as rent or which is otherwise intended to enable the employee to provide himself with housing accommodation; or
  (b) is the subject matter of or is otherwise covered by a collective agreement which provides consolidation of wages as provided in paragraph (a).
  (3) The Minister may, on the recommendation of the Board by notice in the Gazette, exclude the application of this section to a category of employees and
  such category of employees shall be dealt with as shall be specified in the notice."
  (Art. 31 The Employment Act)

  "Washing facilities
  (1) Every occupier shall provide and maintain for the use of persons employed, adequate and suitable facilities for washing, which shall be conveniently accessible and shall be kept in a clean and orderly condition.
  (2) The Director may, by certificate in writing, except from any of the requirements of subsection (1) any workplace where, by reason of the difficulty of
  obtaining an adequate supply of water or the fact that accommodation is restricted and adequate and suitable washing facilities are otherwise conveniently available, or such other special circumstances as may be specified in the certificate, the application of the requirement would in his opinion be unreasonable.
  (3) The Minister may by rules prescribe, either generally or with respect to any class or description of workplace or with respect to the persons employed in any process, standard adequate and suitable washing facilities."
  (Art. 92 Occupational Safety and Health Act)

  "Accommodation for clothing
  Every occupier shall provide and maintain for the use of a person employed, adequate and suitable accommodation for clothing not worn during working hours."
  (Art. 93 Occupational Safety and Health Act)

  "Facilities for sitting
  Every occupier shall provide and maintain, for the use of a person employed whose work is done standing, suitable facilities for sitting, sufficient to enable the person employed to take advantage of any opportunities for resting which may occur in the course of his employment."
  (Art. 94 Occupational Safety and Health Act)

  • Occupational Safety and Health Act, 2007 (Act No. 15 of 2007) (Cap. 514). (Arts. 92 - 94)

  • The Employment Act, 2007 (No. 11 of 2007). (Art. 31)

5.1 Elements of an OSH management system

• 5.1.1 Policy or plan specifying responsibilities and arrangements for health and safety

  Summary/citation: "Duty to prepare a safety and health policy statement
  (1) Except in such cases as may be prescribed, it is the duty of every occupier to—
  (a) prepare and, as often as may be appropriate, revise a written statement of his general policy with respect to the safety and health at work of his employees and the organisation and arrangements for the time being in force for carrying out that policy; and
  (b) to bring the statement and any revision of it to the notice of all of his employees.
  (2) The Minister may make regulations to provide for the contents of a general statement of safety and health and obligations to a person implementing the policy.
  (3) It shall be an offence for a person on whom a duty is imposed under this section to fail to carry out such a duty."
  

  • Occupational Safety and Health Act, 2007 (Act No. 15 of 2007) (Cap. 514). (Art. 7)

• 5.1.2 Appointment of a person for health and safety

  No data available.
  

• 5.1.3 Written risk assessment

  No data available.
  

• 5.1.4 Safe operating work systems and procedures

  No data available.
  

• 5.1.5 Training and information on risks

  Summary/citation: "Training and supervision of inexperienced workers
  (1) No person shall be employed at any machine or in any process, being a machine or process liable to cause ill health or bodily injury, unless he has been fully instructed as to the dangers likely to arise in connection therewith and the precautions to be observed, and—
  (a) has received sufficient training in work at the machine or in the process; or
  (b) is under adequate supervision by a person who has a thorough knowledge and experience of the machine or process.
  (2) The training referred to in subsection (1) shall be carried out on—
  (a) recruitment;
  (b) transfer or change of job;
  (c) the introduction of new work equipment or materials or change in equipment or materials; and
  (d) introduction of new technology.
  (3) The training shall be—
  (a) adapted to take into account new changed risks; and
  (b) repeated periodically.
  (4) Every occupier shall ensure that an employee from other undertakings or establishments including contractors engaged in work at the occupier’s workplace receive appropriate instructions regarding safety and health risks including emergency procedures at the workplace during their activities at the workplace and action to be taken in case of an emergency.
  (5) The training referred to in subsection (4) shall not be at the expense of the employee and shall take place during working hours.
  (6) Any person who fails to comply with any of the provisions of this section commits an offence and shall on conviction be liable to a fine not exceeding two hundred thousand shillings or to imprisonment for a term not exceeding six months or to both."
  (Art. 99)

  "Safety and health regulations
  (1) The Minister may, in consultation with the Council, make regulations under this Act to—
  (a) prohibit exposure to hazard; or
  (b) prescribe ways to prevent or minimise exposure to hazard.
  (2) The Minister may, after consultation with the Council, make regulations—
  (a) which are necessary or expedient in the interest of the safety and health of persons at work, or the safety and health of persons who use plant or machinery, or the protection of persons other than persons at work against risks to safety and health arising from or connected with the activities of persons at work, including regulations to provide for—
  (i) the planning, layout, construction, use, alteration, repair, maintenance or demolition of buildings;
  (ii) the control, the storage and use of explosives or highly flammable or otherwise dangerous substances;
  (iii) the design, manufacture, construction, installation, operation, use, handling, alteration, repair, maintenance or conveyance of plant, machinery or health and safety equipment;
  (iv) the training, safety equipment or facilities to be provided by employers, the persons to whom and the circumstances in which they are to be provided and the application thereof;
  (v) the safety and health measures to be taken by employers or users; (...)"
  (Art. 127)

  "(1) Every occupier shall ensure the safety, health and welfare at work of all persons working in his workplace.
  (2) Without prejudice to the generality of an occupier’s duty under subsection (1), the duty of the occupier includes—
  (c) the provision of such information, instruction, training and supervision as is necessary to ensure the safety and health at work of every person employed;
  (f) informing all persons employed of—
  (i) any risks from new technologies; and
  (ii) imminent danger. (...)"
  (Art. 6)

  • Occupational Safety and Health Act, 2007 (Act No. 15 of 2007) (Cap. 514). (Arts. 99, 127 and 6)

• 5.1.6 Review or assessment of the results of preventive measures

  No data available.
  

• 5.1.7 Consultation with workers in health and safety

  No data available.
  

5.2 Obligation to implement a specific OSH management system or standard

6.1 OSH competence

• 6.1.1 Requirement to access expert advice and/or support in health and safety

  No data available.
  

  • 6.1.1.1 Qualifications of experts or professional services

    No data available.
    

6.2 Appointment of an OSH practitioner

• 6.2.1 Workforce size threshold for the appointment of OSH practitioners

  No data available.
  

7.1 Duty to take reasonable steps to protect their own safety and health

7.2 Duty to take reasonable steps to protect the safety and health of others

7.3 Supervisors’ duty to take reasonable steps to protect the safety and health of others

7.4 Senior officers’ duty to take reasonable steps to protect the safety and health of others

7.5 Self-employed persons’ duty to take reasonable steps to protect their own and other people’s health and safety

7.6 Duty to comply with OSH-related requirements

7.7 Right to enquire about risks and preventive measures

7.8 Right to remove themselves from a dangerous situation

7.9 Right to be reassigned to non-hazard work

• 7.9.1 Right to withdraw with compensation when workers are not reassigned to non-hazard work

  No data available.
  

8.1 National OSH committee, commission, council or similar body

• 8.1.1 Objectives, roles and/or functions

  Summary / Citation: "Establishment of the National Council for Occupational Safety and Health
  (1) There shall be a National Council for Occupational Safety and Health which shall advise the Minister on—
  (a) the formulation and development of national occupational safety and health, policy framework;
  (b) legislative proposals on occupational safety and health, including ways and means to give effect to International Labour Organization Conventions, and other international conventions and instruments relating to occupational safety, health, compensation and rehabilitation services;
  (c) strategic means of promoting the best practices in occupational safety and health;
  (d) the establishment, maintenance and development of a safety and health preventative culture;
  (e) the reviewing of the provisions of this Act, rules and regulations, standards, industry codes of practice;
  (f) the statistical analysis of work related deaths and injuries; and
  (g) such other matters affecting occupational safety, health, as it considers desirable in the interest of improving the quality of working life in Kenya.
  (2) Without limiting subsection (1), the Director may advise the Council on the formulation and publication of standards, specifications or other forms of guidance for the purpose of assisting employers, employees and other users to maintain appropriate standards of occupational health and safety.
  (3) The Council shall, at the request of the Minister and may of its own motion, investigate and make recommendations to the Minister on any matter connected with the safety and health of persons at work.
  (4) The Council may—
  (a) establish committees in respect of different industries for the purpose of assisting the Council to perform its functions in relation to industry codes of practice; and
  (b) establish such other committees as it deems necessary for the purpose of assisting the Council to perform its functions.
  (5) A committee shall consist of such number of persons as may be appointed by the Council from among its members.
  (6) The Council shall consider recommendations made to it by any one of its committees or any other person.
  (7) The Council shall perform such other functions as the Minister may, from time to time assign to it."
  (Art. 27)

  "Annual report
  As soon as practical, but within three months after the end of each financial year, the Council shall prepare and give to the Minister a report on the Council’s operations for the year."
  (Art. 29)

  • Occupational Safety and Health Act, 2007 (Act No. 15 of 2007) (Cap. 514). (Arts. 27 and 29)

• 8.1.2 Constitution and chairmanship modalities

  Summary / Citation: "Membership of the Council
  (1) The Council shall consist of a chairman and the members specified in subsection (2) who shall be appointed by the Minister by notice in the Gazette.
  (2) The members of the Council shall be—
  (a) one representative from each of the following Ministries—
  (i) health;
  (ii) agriculture;
  (iii) livestock development;
  (iv) industry;
  (v) water development;
  (vi) local authorities; and
  (vii) education;
  (b) one representative from each of the following organisations and Government departments—
  (i) the Government Chemist;
  (ii) the Kenya Bureau of Standards;
  (iii) the Central Bureau of Statistics;
  (iv) the Commissioner of Insurance;
  (v) the Association of Kenya Insurers;
  (vi) the public universities;
  (vii) the National Environmental Management Authority;
  (viii) the National Council for Science and Technology;
  (ix) the most representative employers organisation;
  (x) the most representative workers’ organisation;
  (xi) the Kenya Occupational Safety and Health Association; and
  (c) three persons with relevant qualifications and experience in occupational safety and health who shall not be public officers.
  (3) The Chairman of the Council shall be a person who has demonstrated ability to manage occupational safety and health at the policy level or enterprise level.
  (4) In appointing a person as a member the Minister may consider the person’s practical experience, and competence, in the management of occupational safety and health or related field.
  (5) The Council may co-opt any number of persons with expert knowledge and experience whose assistance or advice it may require, but a person so co-opted shall not vote in a meeting of the Council or be counted as a member thereof for purposes of forming a quorum.
  (6) The provisions of the Third Schedule shall apply to the members of the Council.
  (7) The Minister shall with the approval of Treasury determine the allowances of the members of the Council."
  

  • Occupational Safety and Health Act, 2007 (Act No. 15 of 2007) (Cap. 514). (Art. 28)

8.2 Employers’ duty to consult workers on risks

8.3 Workers’ right to select their representatives for health and safety matters

• 8.3.1 Workforce size conditions for workers’ representation in health and safety

  No data available.
  

• 8.3.2 Conditions of eligibility to represent workers in health and safety

  No data available.
  

8.4 OSH representatives’ functions, rights and powers

• 8.4.1 Right to inspect the workplace

  No data available.
  

• 8.4.2 Right to access OSH information

  No data available.
  

• 8.4.3 Right to be present at interviews

  No data available.
  

• 8.4.4 Right to receive professional assistance from OSH experts

  No data available.
  

• 8.4.5 Right to accompany inspectors

  No data available.
  

• 8.4.6 Right to use facilities

  No data available.
  

• 8.4.7 Right to have time off work with pay to perform duties

  No data available.
  

• 8.4.8 Right to issue remedial notices

  No data available.
  

• 8.4.9 Right to resolve OSH issues in consultation with employers

  No data available.
  

• 8.4.10 Right to direct that dangerous work cease

  No data available.
  

8.5 Right of workers’ representatives from outside the undertaking to address OSH issues at the workplace

• 8.5.1 Right to enter the workplace

  No data available.
  

• 8.5.2 Right to investigate suspected non-compliance with OSH legislation

  No data available.
  

• 8.5.3 Right to consult with workers

  No data available.
  

• 8.5.4 Right to advise workers

  No data available.
  

• 8.5.5 Right to initiate enforcement action

  No data available.
  

8.6 Joint OSH Committee

• 8.6.1 Participation of workers’ representatives in joint OSH committee

  No data available.
  

• 8.6.2 Conditions for establishing a joint OSH committee

  Summary / Citation: "Safety and health committees
  (1) Every occupier shall establish a safety and health committee at the workplace in accordance with regulations prescribed by the Minister if—
  (a) there are twenty or more persons employed at the workplace; or
  (b) the Director directs the establishment of such a committee at any other workplace.
  (2) The Minister may make regulations to provide for the organisation, functions and activities of the safety and health committees, including the election of safety representatives, their rights and duties, and for the training of the members of the safety and health committees and the safety and health representatives.
  (3) An occupier shall not penalise an employee who is a member of a work place safety and health committee for doing anything in furtherance of the object of this section.
  (4) An occupier who contravenes the provisions of subsection (1) commits an offence."
  

  • Occupational Safety and Health Act, 2007 (Act No. 15 of 2007) (Cap. 514). (Art. 9)

• 8.6.3 Objectives, roles and/or functions of joint OSH committees

  No data available.
  

• 8.6.4 Keeping record of the work of joint OSH committees

  No data available.
  

• 8.6.5 Sharing the minutes of joint OSH committees meetings

  No data available.
  

8.7 Mandatory training for members of joint OSH committee(s)

8.8 Protection against reprisals

8.9 Immunity from civil and criminal liability for exercising OSH related rights and duties

9.1 Biological hazards

9.2 Chemical hazards

• 9.2.1 Handling, storage, labelling and use

  Summary / Citation: "The handling, transportation and disposal of chemicals and other hazardous substances
  (1) The Director shall, after consulting the Council, establish safety and health requirements based on risk assessments, technical standards and medical opinion, for the safe handling and transportation of chemicals and other hazardous substances.
  (2) An employer shall not require or permit his employee to engage in the manual handling or transportation of a load which by reason of its nature is likely to cause the employee to suffer bodily injury.
  (3) Any person supplying, distributing, conveying or holding in chemicals or other toxic substances shall ensure that they are packaged, conveyed, handled and distributed in a safe manner so as not to cause any ill effect to any person or the immediate environment.
  (4) At every workplace where chemicals or other toxic substances are manipulated, the employer shall develop a suitable system for the safe collection, recycling and disposal of chemical wastes, obsolete chemicals and empty containers of chemicals to avoid the risks to safety, health of employees and to the environment."
  (Art. 83)

  "Material safety data sheets
  (1) Every manufacturer, importer, supplier or distributor of chemicals shall make available to employers, material safety data sheets for chemicals and other hazardous substances, containing detailed essential information regarding their identity, supplier, classification of hazards, safety precautions and emergency procedures.
  (2) A supplier of hazardous chemicals shall ensure that revised labels and chemical safety data sheets are prepared and provided to an employer whenever new and relevant safety and health information becomes available.
  (3) Every employer shall ensure the availability at the workplace of material safety data sheets for all chemicals and other hazardous substances in use at the premises of the employer, containing detailed essential information regarding the identity, suppliers’ classification of hazards, safety precautions and emergency procedures."
  (Art. 84)

  "Labelling and marking
  (1) Every supplier of hazardous substances, whether as manufacturer, importer or distributor of hazardous substances shall ensure that containers filled with hazardous substances, are—
  (a) plainly painted, marked or labelled in a distinctive and uniform manner, with a legible, durable label indicating the hazard, and which
  is easily understood by persons employed; and
  (b) accompanied with instructions for the safe handling of the contents; and
  (c) the measures to be taken in case of spillage or accidental exposure to persons employed.
  (2) For purposes of this section, labelling in accordance with the United Nations Labelling system shall be adequate.
  (3) Every supplier of chemical substances which have not been classified in accordance with subsection (1) shall identify the chemicals they supply and assess the properties of those chemicals on the basis of a search of available information in order to determine whether they are hazardous chemicals.
  (4) Every employer shall ensure that all chemicals used at a workplace are labelled or marked and that chemical safety data sheets have been provided and are made available to employees and their representatives.
  (5) It shall be the duty of an employer who has received chemicals for which chemical safety data sheets have not been provided or which have not been labelled or marked as required, to obtain the relevant information from the supplier or from other reasonably available sources.
  (6) An employer who uses chemicals referred to in subsection (5) without the said information commits an offence.
  (7) Every employer shall ensure that only chemicals, which are classified in accordance with section 86 or identified and assessed to determine whether they are hazardous on the basis of a search of information available, and labelled or marked in accordance with subsection 86(1)(b) are used, and that any necessary precautions are taken when they are used.
  (8) Every employer shall maintain a record of hazardous chemicals used at the workplace, cross-referenced to the appropriate chemical safety data sheets, which record shall be accessible to all employees concerned and their representatives."
  (Art. 85)

  "Classification of hazardous chemicals and substances
  (1) Every supplier of chemicals whether as a manufacturer, importer or distributor shall ensure that all chemicals are—
  (a) classified according to their characteristics, properties such as toxicity, chemical, physical, corrosive and irritant, allergenic, sensitising, carcinogenic, teratogenic and mutagenic, effects as well as their effect on the reproductive systems;
  (b) labelled in a way so as to be easily understood by employees and other users, and so as to provide essential information regarding their classifications, the hazards they present and the safety precautions to be observed; and
  (c) marked so as to indicate their identity.
  (Art. 86)

  "Corrosive substances
  Where corrosive substances are used and there is danger of an employee being splashed thereby, the employer shall provide for use by an employee in case of an emergency—
  (a) adequate and readily accessible means for drenching with water or any other appropriate substance; and
  (b) sufficient and suitable means of flushing the eyes, whole body or any other exposed part of the body, conveniently situated and marked, the location of which is made known to all employees."
  (Art. 87)

  "Exposure limits to hazardous substances
  The Minister may, after consultation with the Council, establish or adopt exposure limits on hazardous substances in the workplace so as to protect persons employed."
  (Art. 88)
  

  • Occupational Safety and Health Act, 2007 (Act No. 15 of 2007) (Cap. 514). (Arts. 83 - 88)

• 9.2.2 Duty of manufacturers, suppliers and importers of chemicals in relation to the safety and health of users

  No data available.
  

• 9.2.3 Pesticides

  Sometimes.
  

9.3 Ergonomic hazards

9.4 Physical hazards

• 9.4.1 Ionising radiation

  Sometimes.
  

• 9.4.2 Vibration and noise

  Summary / Citation: "Control of air pollution, noise and vibration
  (1) In every workplace in which, in connexion with any process carried on, there is given off any dust or fume or other impurity of such a character and to such extent as to be likely to be injurious or offensive to the persons employed, or any substantial quantity of dust of any kind, all practicable measures shall be taken to protect the persons employed against inhalation of the dust or fume or other impurity and to prevent its accumulating in any workroom, and in particular, where the nature of the process makes it practicable, exhaust appliances shall be provided and maintained, as near as possible to the point of origin of the dust or fume or other impurity, so as to prevent it entering the air of any workroom and the dust, fumes or impurity shall not be allowed to enter into the atmosphere without undergoing appropriate treatment to prevent air pollution or other ill-effect to life and property.
  (2) No stationary internal combustion engine shall be used unless provision is made for conducting the exhaust gases from the engine into the open air and the exhaust gases shall not be allowed to enter the atmosphere without undergoing appropriate treatment so as to prevent air pollution, or other ill effect to life and property.
  (3) In every workplace where the level of sound energy or vibration emitted can result in hearing impairment or be harmful to health or otherwise dangerous, all practicable measures shall be taken by the employer to ensure the elimination or control of such sound energy for purposes of protecting any person who may be exposed.
  (4) In every workplace where any vibration, which is transmitted to the human body through solid structures, is harmful to health or otherwise dangerous, all practicable control, preventive and protective measures shall be taken by the employer to secure the safety and health of any such person who may be exposed to the vibration."

  • Occupational Safety and Health Act, 2007 (Act No. 15 of 2007) (Cap. 514). (Art. 89)

• 9.4.3 Working at height

  No data available.
  

• 9.4.4 Working in confined spaces

  No data available.
  

• 9.4.5 Risks arising from poor maintenance of workplace facilities

  Summary / Citation: "Safe means of access and safe place of employment
  (1) All floors, steps, stairs, passages and gangways in a workplace shall be of sound construction and be properly maintained.
  (2) All openings in floors shall be securely fenced, except in so far as the nature of the work renders such fencing impracticable.
  (3) There shall, so far as is practicable, be provided and maintained safe means of access to every place at which any person, has at any time, to work.
  (4) Necessary precautions including warning signs, shall be taken to prevent injury to employees and other persons at a workplace from mobile plants, falling objects and objects ejected from machines and work processes.
  (5) For every staircase in a building or affording a means of exit from a building, a substantial hand-rail shall be provided and maintained, which, if the staircase has an open side, shall be on that side, and, in the case of a staircase having two open sides, such a handrail shall be provided and maintained on both sides; and any open side of a staircase shall also be guarded by the provision and maintenance of a lower rail or other effective means.
  (6) Sufficient clear and unobstructed space shall be maintained at every machine while in motion to enable the work to be carried on without unnecessary
  risk.
  (7) Where any person is to work at a place from where he is liable to fall a distance of more than three metres, then, unless the place is one which affords secure foothold and, where necessary, secure handhold, means shall be provided, so far as is reasonably practicable, by fencing or otherwise for ensuring his safety.
  (8) Every teagle opening or similar doorway used for hoisting or lowering goods or materials, whether by mechanical power or otherwise, shall be securely fenced, and shall be provided with a secure handhold on each side of the opening or doorway; the fencing shall be properly maintained and shall, except when the hoisting or lowering of goods or materials is being carried on at the opening or doorway, be kept in position.
  (9) While any person is within a workplace for the purpose of employment or meals, the doors of the workplace, and of any room therein in which the person is, and any doors which afford a means of exit for persons employed in the workplace from any building or from any enclosure in which the workplace is situated, shall not be locked or fastened in such manner that they cannot be easily and immediately opened from the inside."
  

  • Occupational Safety and Health Act, 2007 (Act No. 15 of 2007) (Cap. 514). (Art. 77)

• 9.4.6 Exposure to extreme temperatures

  No data available.
  

• 9.4.7 Fire risks

  Summary / Citation: "Fire prevention
  (1) All stocks of highly inflammable substances shall be kept either in a fireresisting store or in a safe place outside any occupied building:
  Provided that no such store shall be so situated as to endanger the means of escape from the workplace or from any part thereof in the event of a fire occurring in the store.
  (2) Where highly flammable liquids are to be conveyed within a workplace they shall, where it is practicable so to do, be conveyed through a totally enclosed system incorporating pipe-lines and pumps or similar appliances but where conveyance of highly flammable liquids within a workplace through such a totally enclosed system is not practicable, they shall be conveyed in vessels which are so designed and constructed as to avoid so far as practicable, the risk of spilling.
  (3) Where in any process or operation any highly flammable liquid is liable to be spilled or to leak, all reasonably practicable steps shall be taken to ensure that any highly flammable liquid, which is spilt, or leaks shall be contained or immediately drained off to a suitable container or to a safe place, or otherwise treated to make it safe.
  (4) No means likely to ignite vapours from highly flammable liquids shall be present where a dangerous concentration of vapours from flammable liquids may reasonably be expected to be present.
  (5) No person shall smoke, light or carry matches, lighters or other flame producing articles, or smoking materials, in any place in which explosive, highly flammable or highly combustible substances, are manufactured, used, handled or stored and the occupier shall take all practicable steps to ensure compliance with the foregoing provisions of this subsection, including the display at or as near as possible to every place in which this subsection applies, a clear and bold notice indicating that smoking is prohibited in that place."
  (Art. 78)

  "Safety provisions in case of fire
  (1) In every workplace or workroom there shall be—
  (a) provided and maintained, and conspicuously displayed and free from any obstruction so as to be readily accessible, means for
  (b) present, persons trained in the correct use of such means of extinguishing fire during all working hours.
  (2) Every workplace shall be provided with adequate means of escape, in case of fire, for the persons employed therein, having regard to the circumstances of each case.
  (3) All the means of escape referred to in subsection (2) shall be properly maintained and kept free from obstruction.
  (4) The contents of any room in which persons are employed shall be so arranged that there is a free passageway for all persons working in the room to a means of escape in case of fire.
  (5) All doors affording a means of exit from the workplace for the persons employed therein shall, except in the case of sliding doors, be constructed to open outwards.
  (6) While any person is within a workplace for the purpose of employment or meals, the doors of the workplace, and of any room therein in which the person is, and any doors which afford a means of exit for persons employed in the workplace from any building or from any enclosure in which the workplace is situated, shall not be locked or fastened in such manner that they cannot be easily and immediately opened from the inside.
  (7) Every window door or other exit affording means of escape in case of fire or giving access thereto, other than the means of exit in ordinary use, shall be distinctively and conspicuously marked by a notice printed in red letters of an adequate size.
  (8) There shall be marked on the floor of every workroom gangways to facilitate proper arrangement of the contents of the workroom with a view to keeping all fire extinguisher points and fire exits free from obstruction and for ensuring proper housekeeping.
  (9) Every occupier of a workplace shall take effective steps to ensure that all the persons employed therein are familiar with the means of escape in case of fire, and with the routine to be followed in case of fire."
  (Art. 81)

  "Evacuation procedures
  (1) Every occupier of a workplace shall design evacuation procedures to be used during any emergency and have the procedures tested at regular intervals.
  (2) Every occupier shall take immediate steps to stop any operation where there is an imminent and serious danger to safety and health and to evacuate persons employed as appropriate.
  (3) Every occupier shall be required to provide where necessary, measures to deal with emergencies and accidents including adequate first aid arrangements.
  (4) Every occupier shall take effective steps to ensure that all persons employed are familiar with the means of escape in case of fire, and with the routine to be followed in case of fire or other emergency."
  (Art. 82)

  • Occupational Safety and Health Act, 2007 (Act No. 15 of 2007) (Cap. 514). (Arts. 78 - 82)

• 9.4.8 Tobacco

  No data available.
  

• 9.4.9 Asbestos

  No data available.
  

• 9.4.10 Risks related to nanotechnology

  No data available.
  

• 9.4.11 Contraction of HIV in the workplace

  No data available.
  

9.5 Psychosocial hazards

• 9.5.1 Psychosocial risks

  No data available.
  

• 9.5.2 Occupational violence

  Summary / Citation: "Sexual harassment
  (1) An employee is sexually harassed if the employer of that employee or a representative of that employer or a co-worker—
  (a) directly or indirectly requests that employee for sexual intercourse, sexual contact or any other form of sexual activity that contains an implied or express—
  (i) promise of preferential treatment in employment;
  (ii) threat of detrimental treatment in employment; or
  (iii) threat about the present or future employment status of the employee;
  (b) uses language whether written or spoken of a sexual nature;
  (c) uses visual material of a sexual nature; or
  (d) shows physical behaviour of a sexual nature which directly or indirectly subjects the employee to behaviour that is unwelcome or offensive to that employee and that by its nature has a detrimental effect on that employee’s employment, job performance, or job satisfaction.
  (2) An employer who employs twenty or more employees shall, after consulting with the employees or their representatives if any, issue a policy statement on sexual harassment.
  (3) The policy statement required under subsection (2) may contain any term the employer considers appropriate for the purposes of this section and shall contain—
  (a) the definition of sexual harassment as specified in subsection (1);
  (b) a statement—
  (i) that every employee is entitled to employment that is free of sexual harassment;
  (ii) that the employer shall take steps to ensure that no employee is subjected to sexual harassment;
  (iii) that the employer shall take such disciplinary measures as the employer deems appropriate against any person under the employer’s direction, who subjects any employee to sexual harassment;
  (iv) explaining how complaints of sexual harassment may be brought to the attention of the employer; and
  (v) that the employer will not disclose the name of a complainant or the circumstances related to the complaint to any person except where disclosure is necessary for the purpose of investigating the complaint or taking disciplinary measures in relation thereto.
  (4) An employer shall bring to the attention of each person under the employer’s direction the policy statement required under subsection (2)."

  • The Employment Act, 2007 (No. 11 of 2007). (Art. 6)

9.6 Other hazardous substances

9.7 Machineries

• 9.7.1 Risks related to machinery and tools

  Summary / Citation: "Safe use of plant, machinery and equipment: All plant, machinery and equipment whether fixed or mobile for use either at the workplace or as a workplace, shall only be used for work which they are designed for and be operated by a competent person."
  (Art. 55)

  "Prime movers:
  (1) Every flywheel directly connected to any prime mover and every moving part of any prime mover, except prime mover referred to in subsection (3), shall be securely fenced, whether the flywheel or prime mover is situated in an enginehouse or not.
  (2) The head and tailrace of every water wheel and of every water turbine shall be securely fenced.
  (3) Every part of an electric generator, motor and rotary converter, and every flywheel directly connected thereto, shall be securely fenced."
  (Art. 56)

  "Transmission machinery
  (1) Every part of transmission machinery shall be securely fenced.
  (2) Efficient devices or appliances shall be provided and maintained in every room or place where work is carried on by which the power can promptly be cut off from the transmission machinery in that room or place.
  (3) Every machine intended to be driven by mechanical or any other type of power shall be provided with an efficient starting and stopping appliance, the control of which shall be in such a position as to be readily and conveniently operated by the person operating the machine.
  (4) No driving-belt when not in use shall be allowed to rest or ride upon a revolving shaft which forms part of the transmission machinery.
  (5) Suitable striking gear or other efficient mechanical appliances shall be provided and maintained and used to move driving-belts to and from fast and loose pulleys which form part of the transmission machinery and any such gear or appliances shall be so constructed, placed and maintained as to prevent the driving-belt from creeping back on to the fast pulley.
  (6) The Director may by certificate in writing grant, subject to any conditions specified in the certificate, exemption from compliance with any of the requirements of subsections (2), (3), (4) and (5) in any case where he is satisfied that compliance with the requirement is unnecessary or impracticable."
  (Art. 57)

  "Other machinery
  (1) Every dangerous part of any machinery, other than prime movers and transmission machinery shall be securely fenced:
  Provided that, in so far as the safety of a dangerous part of any machinery cannot by reason of the nature of the operation be secured by means of a fixed guard, the requirements of this subsection shall be deemed to have been complied with if a device is provided which automatically prevents the operator from coming into contact with the part.
  (2) Any part of a stock-bar which projects beyond the head-stock of a lathe shall be securely fenced."
  (Art. 58)

  "Hand-held and portable power tools and equipments
  (1) Every employer shall—
  (a) be responsible for the safe condition of tools and equipment used by his employees, including tools and equipment which may be furnished by the employees;
  (b) ensure that no equipment or portable power tools shall be used in an environment that contains or is likely to contain flammable vapours or
  substances unless they are intrinsically safe for such environments.
  (2) All power driven portable and hand-held tools shall have their operating controls so located as to minimise the possibility of their accidental operation if such an accidental operation would constitute a hazard to the worker or other persons." (Art. 59)

  "Construction and maintenance of fencing: All fencing or other safeguards provided in pursuance of the provisions of this Part shall be of substantial construction, constantly maintained and kept in position while the parts required to be fenced or safeguarded are in motion or in use." (Art. 60)

  "Construction and disposal of new machinery: (1) Where any machine in a workplace is a machine intended to be driven by mechanical power—
  (a) every set-screw, bolt or key on any revolving shaft spindle, wheel or pinion shall be so sunk, encased or otherwise effectively guarded as
  to prevent danger; and
  (b) all spur and other toothed or friction gearing which does not require frequent adjustment while in motion shall be completely encased.
  (2) An importer, manufacturer, designer or supplier of machinery, plant, and equipment shall avail information concerning the correct installation, use, maintenance and disposal of the machinery, plant and equipment and provide information on any likely hazards and means to prevent or control them.
  (3) A person who sells or lets on hire, or as agent of the seller or hirer, causes or procures to be sold or let on hire, knowing it to be for use in a workplace in Kenya, any machine intended to be driven by mechanical power which does not comply with the requirements of this section commits an offence and shall on conviction be liable to a fine not exceeding two hundred thousand shillings." (Art. 61)

  "Self-acting machines: (1) No traversing part of any self-acting machine and no material carried thereon shall, if the space over which it runs is a space over which any person is liable to pass, whether in the course of his employment or otherwise, be allowed on its outward or inward traverse to run within a distance of fifty centimetres from any fixed structure not being part of the machine.
  (2) An occupier shall ensure that all practicable steps are taken to instruct the person in charge of the machine and otherwise to ensure that no person employed shall be in the space between any traversing part of a self-acting spinning mule and any fixed part of the machine towards which the traversing part moves on the inward run, except when the machine is stopped with the traversing part on the outward run." (Art. 62)

  "Hoists and lifts" (Art. 63)

  "Chains, ropes and lifting tackle" (Art. 64)

  "Cranes and other lifting machines" (Art. 65)

  "Steam boilers" (Art. 67)

  "Steam receivers and steam containers" (Art. 68)

  "Cylinders for compressed, liquefied and dissolved gases" (Art. 70)

  "Refrigeration plants" (Art. 71)

  "Examination and testing of plants" (Art. 72)

  The Factories (Examination of Plant) Order has been "Consolidated through L.N. 130 of 1969. The Factories Act (basic text) has since been repealed by article 129 of the Occupational Safety and Health Act, 2007 (Act No. 15 of 2007), which becomes the new basic text for this Regulation. Article 129(2)(b) provides that:
  "any subsidiary legislation issued before the commencement of this Act shall, as long as it is not inconsistent with this Act remain in force until repealed or revoked by subsidiary legislation under the provisions of this Act and shall, for all purposes be deemed to have been made under this Act.""
  (Factories (Examination of Plant) Order)

  Factories (Woodworking Machinery) Rules: "The Factories Act has since been repealed by article 129 of the Occupational Safety and Health Act, 2007 (Act No. 15 of 2007), which becomes the new basic text for this Regulation. Article 129(2)(b) provides that:
  "any subsidiary legislation issued before the commencement of this Act shall, as long as it is not inconsistent with this Act remain in force until repealed or revoked by subsidiary legislation under the provisions of this Act and shall, for all purposes be deemed to have been made under this Act.""
  (Factories (Woodworking Machinery) Rules)

  • Occupational Safety and Health Act, 2007 (Act No. 15 of 2007) (Cap. 514). (Arts. 55 - 72)

  • The Factories Act (Chapter 514) Notice of exception - steam boilers (steam tube ovens and steam tube hotplates) [L.N. No. 47]

  • Factories (Woodworking Machinery) Rules (L.N. 431 of 1959).

  • Factories (Examination of Plant) Order (G.N. 958 of 1951).

• 9.7.2 Duty of designers and/or manufacturers of machineries in relation to the occupational safety and health of operators of machineries

  No data available.
  

• 9.7.3 Duty of designers, manufacturers, importers or suppliers of machineries to provide machineries information

  No data available.
  

• 9.7.4 Duty to purchase machineries from authorised/certificated suppliers or only if approved/certificated

  No data available.
  

• 9.7.5 Maintenance of machinery and equipment

  No data available.
  

  • 9.7.5.1 List of equipment where applicable

    No data available.
    

9.8 Provisions to protect workers in specific condition of vulnerability

• 9.8.1 Protection of pregnancy at work

  No data available.
  

• 9.8.2 Protection of lactating women at work

  No data available.
  

• 9.8.3 Limits to women’s access to specific occupations, undertakings or shifts

  No data available.
  

  Related CEACR Comments
  • Underground Work (Women) Convention, 1935 (No. 45) Direct Request 2004
  

• 9.8.4 Limits to workers’ access to specific occupations, undertakings or shifts by reason of age

  Summary / Citation: "Interpretation
  In this Part, except where the context otherwise requires—
  “employment” means employment of a child in a situation where—
  (a) the child provides labour as an assistant to another person and his labour is deemed to be the labour of that other person for the purposes of payment;
  (b) the child’s labour is used for gain by any person or institution whether or not the child benefits directly or indirectly; and
  (c) there is in existence a contract for service where the party providing the service is a child whether the person using the services does so directly or by agent."
  (Art. 52 The Employment Act)

  "Prohibition of employment of children between thirteen years and sixteen years of age
  (1) No person shall employ a child who has not attained the age of thirteen years whether gainfully or otherwise in any undertaking.
  (2) A child of between thirteen years of age and sixteen years of age may be employed to perform light work which is—
  (a) not likely to be harmful to the child’s health or development; and
  (b) not such as to prejudice the child’s attendance at school, his participation in vocational orientation or training programmes approved by the Minister or his capacity to benefit from the instructions received.
  (3) The Minister may make rules prescribing light work in which a child of between thirteen years of age and sixteen years of age may be employed and the terms and conditions of that employment."
  (Art. 56 The Employment Act)

  "Prohibition of written contracts for child between thirteen and sixteen years of age
  Subject to the provisions of the Industrial Training Act relating to contracts of apprenticeship or indentured learnership, a person who employs a child of between thirteen and sixteen years of age, or causes such a child to be employed, or being the parent or guardian or other person having for the time being the charge of or control over the child, allows the child to be employed, otherwise than under a verbal contract of service commits an offence and shall on conviction be liable to a fine not exceeding one hundred thousand shillings or to imprisonment for a term not exceeding six months or to both."
  (Art. 57 The Employment Act)

  "Restriction in employing child of between thirteen and sixteen years of age to attend machinery
  (1) No person shall employ a child of between thirteen and sixteen years of age, other than one serving under a contract of apprenticeship or indentured learnership in accordance with the provisions of the Industrial Training Act, in an industrial undertaking to attend to machinery.
  (2) No person shall employ a child in any opencast workings or sub-surface workings that are entered by means of a shaft or audit."
  (Art. 58 The Employment Act)

  "Work processes which may harm persons below eighteen years Employer shall not allow a person below the apparent age of eighteen years to be employed at any workplace or work process, or perform work, which by its nature or the circumstances, in which it is carried out, is likely to harm the person’s safety or health."
  (Art. 97 Occupational Safety and Health Act)
  

  • Occupational Safety and Health Act, 2007 (Act No. 15 of 2007) (Cap. 514). (Art. 97)

  • The Employment Act, 2007 (No. 11 of 2007). (Arts. 52 - 58)

  Related CEACR Comments
  • Minimum Age Convention, 1973 (No. 138) Observation 2020
  • Minimum Age Convention, 1973 (No. 138) Direct Request 2020
  

10.1 Duty to record and/or investigate the causes of work accidents, near misses incidents and cases of occupational diseases

• 10.1.1 Work-related accidents

  Summary / Citation: "Power to direct formal investigation of accidents and cases of disease
  (1) The Minister may direct a formal investigation to be held into any accident occurring or case of disease contracted or suspected to have been contracted in a workplace, premises, place or location and of its causes and circumstances and the provisions of this section shall have effect with respect to such investigation.
  (2) The Minister may appoint a tribunal of competent persons to carry out the investigation, and may appoint any person possessing legal or special knowledge to act as assessor to the investigation.
  (3) The tribunal appointed under subsection (2) shall carry out the investigation in such manner and under such conditions as it may deem most effective for ascertaining the causes and circumstances of the accident or case of diseases, and for enabling the making of the report required by this section.
  (4) The tribunal shall for the purpose of the investigation, have all the powers of a magistrate’s court when trying information for offences under this Act, and all the powers of an occupational safety and health officer under this Act, and, in addition, power—
  (a) to enter and inspect any place or building the entry or inspection of which appears to the tribunal requisite for the purposes of the investigation;
  (b) by summons signed by the chairman to the tribunal, to require the attendance of all such persons as the tribunal deems fit and to require answers or returns to such inquiries as it thinks fit to make;
  (c) to require the production of all books, papers and documents which it considers important for the purpose of the investigation; and
  (d) to administer oaths and require any person examined to make and sign a declaration of the truth of the statements made by him in his examination.
  (5) Persons attending as witnesses before the tribunal shall be paid such expenses as would be paid to witnesses attending before a magistrate’s court and in the case of a dispute as to the amount to be allowed, the dispute shall be referred to the registrar or a deputy registrar of the High Court who, on request signed by the tribunal, shall ascertain and certify the proper amount of the expenses.
  (6) The tribunal shall make a report to the Minister stating the causes and circumstances of the accident or the occurrence of a disease and add any observations, which the tribunal deems fit to make.
  (7) Any person who, without reasonable excuse, proof whereof shall lie on him, either fails, after having had the expenses, if any to which he is entitled tendered to him, to comply with any summons, order or requisition of the tribunal, or prevents or impedes the tribunal in the execution of its duty, commits an offence and shall on conviction be liable to a fine not exceeding fifty thousand shillings, and in the case of a failure to comply with a requisition for making any return or producing any documents, if the failure in respect of which he was convicted is continued after the conviction, he shall (subject to the provisions of section 115) be guilty of a further offence and liable to a fine not exceeding one thousand shillings for every day on
  which the failure is continued.
  (8) The Minister may cause the report of the tribunal to be made public at such time and in such manner as the Minister deems fit."
  

  • Occupational Safety and Health Act, 2007 (Act No. 15 of 2007) (Cap. 514). (Art. 128)

• 10.1.2 Near miss incidents

  No data available.
  

• 10.1.3 Occupational diseases

  Summary / Citation: "Power to direct formal investigation of accidents and cases of disease
  (1) The Minister may direct a formal investigation to be held into any accident occurring or case of disease contracted or suspected to have been contracted in a workplace, premises, place or location and of its causes and circumstances and the provisions of this section shall have effect with respect to such investigation.
  (2) The Minister may appoint a tribunal of competent persons to carry out the investigation, and may appoint any person possessing legal or special knowledge to act as assessor to the investigation.
  (3) The tribunal appointed under subsection (2) shall carry out the investigation in such manner and under such conditions as it may deem most effective for ascertaining the causes and circumstances of the accident or case of diseases, and for enabling the making of the report required by this section.
  (4) The tribunal shall for the purpose of the investigation, have all the powers of a magistrate’s court when trying information for offences under this Act, and all the powers of an occupational safety and health officer under this Act, and, in addition, power—
  (a) to enter and inspect any place or building the entry or inspection of which appears to the tribunal requisite for the purposes of the investigation;
  (b) by summons signed by the chairman to the tribunal, to require the attendance of all such persons as the tribunal deems fit and to require answers or returns to such inquiries as it thinks fit to make;
  (c) to require the production of all books, papers and documents which it considers important for the purpose of the investigation; and
  (d) to administer oaths and require any person examined to make and sign a declaration of the truth of the statements made by him in his examination.
  (5) Persons attending as witnesses before the tribunal shall be paid such expenses as would be paid to witnesses attending before a magistrate’s court and in the case of a dispute as to the amount to be allowed, the dispute shall be referred to the registrar or a deputy registrar of the High Court who, on request signed by the tribunal, shall ascertain and certify the proper amount of the expenses.
  (6) The tribunal shall make a report to the Minister stating the causes and circumstances of the accident or the occurrence of a disease and add any observations, which the tribunal deems fit to make.
  (7) Any person who, without reasonable excuse, proof whereof shall lie on him, either fails, after having had the expenses, if any to which he is entitled tendered to him, to comply with any summons, order or requisition of the tribunal, or prevents or impedes the tribunal in the execution of its duty, commits an offence and shall on conviction be liable to a fine not exceeding fifty thousand shillings, and in the case of a failure to comply with a requisition for making any return or producing any documents, if the failure in respect of which he was convicted is continued after the conviction, he shall (subject to the provisions of section 115) be guilty of a further offence and liable to a fine not exceeding one thousand shillings for every day on
  which the failure is continued.
  (8) The Minister may cause the report of the tribunal to be made public at such time and in such manner as the Minister deems fit."
  

  • Occupational Safety and Health Act, 2007 (Act No. 15 of 2007) (Cap. 514). (Art. 128)

10.2 Employers’ duty to notify OSH authorities of work related death and/or injuries to health

11.1 Appointment of OSH inspectors

11.2 OSH inspectors’ powers

• 11.2.1 Power to enter workplaces

  Summary / Citation: "Powers of an occupational safety and health officer
  (1) An occupational safety and health officer shall, for the purpose of the execution of this Act, have power to do all or any of the following things—
  (a) to enter, inspect and examine, by day or by night, a workplace, and every part thereof, when he has reasonable cause to believe that any person is employed therein, and to enter, inspect and examine, by day, any place which he has reasonable cause to believe to be a
  Provided that—
  (i) an occupational safety and health officer shall, whenever it is practicable so to do and will not in his opinion defeat the object
  of his inspection, notify the occupier or some other person in authority at a workplace of his arrival at the workplace for the purpose of inspecting it;
  (ii) when an occupational safety and health officer has inspected a workplace without having first given the notification referred to
  in subparagraph (i) of this proviso, he shall, within a reasonable time after such inspection, inform the occupier and the Director
  in writing of the reason why no notification was given;
  (b) with regard to any place of work which he has power to enter, to direct that those premises or any part of them or anything therein, shall be left undisturbed (whether generally or in particular respects) for so long as is reasonably necessary for the purposes of any examination or investigation; (...)"

  • Occupational Safety and Health Act, 2007 (Act No. 15 of 2007) (Cap. 514). (Art. 32)

  Related CEACR Comments
  • Labour Inspection Convention, 1947 (No. 81) Observation 2014
  • Labour Inspection Convention, 1947 (No. 81) Direct Request 2014
  

• 11.2.2 Power to inspect and carry out any examination, test or enquiry

  Summary / Citation: "Powers of an occupational safety and health officer
  (1) An occupational safety and health officer shall, for the purpose of the execution of this Act, have power to do all or any of the following things—
  (a) to enter, inspect and examine, by day or by night, a workplace, and every part thereof, when he has reasonable cause to believe that any person is employed therein, and to enter, inspect and examine, by day, any place which he has reasonable cause to believe to be a
  Provided that—
  (i) an occupational safety and health officer shall, whenever it is practicable so to do and will not in his opinion defeat the object
  of his inspection, notify the occupier or some other person in authority at a workplace of his arrival at the workplace for the purpose of inspecting it;
  (ii) when an occupational safety and health officer has inspected a workplace without having first given the notification referred to
  in subparagraph (i) of this proviso, he shall, within a reasonable time after such inspection, inform the occupier and the Director
  in writing of the reason why no notification was given;
  (b) with regard to any place of work which he has power to enter, to direct that those premises or any part of them or anything therein, shall be left undisturbed (whether generally or in particular respects) for so long as is reasonably necessary for the purposes of any examination or investigation;
  (c) to take such measurements and photographs and making such recordings as he may consider necessary for the purposes of any examinations or investigation under this Act;
  (d) to develop and print photographs of scenes of occupational accidents;
  (e) take and remove samples of any articles or substances found at any place of work which he has power to enter and of the atmosphere in or in the vicinity of such a place of work subject to the employer being notified of any sample so taken;
  (f) to take with him a police officer if he has reasonable cause to apprehend any serious obstruction in the execution of his duty;
  (g) to require the production of the registers, certificates, notices and documents kept in pursuance of this Act and to inspect, examine and copy any of them;
  (h) to make such examination and inquiry as may be necessary to ascertain whether the provisions of this Act, and of the enactments
  for the time being is force relating to public health, are complied with, so far as respects a workplace and any persons employed in a
  workplace;
  (i) to require any person whom he finds in a workplace to give such information as it is in his power to give as to who is the occupier of the workplace;
  (j) to examine, either alone or in the presence of any other person, as he thinks fit, with respect to matters under this Act, every person whom he finds in a workplace, or whom he has reasonable cause to believe to be or to have been within the preceding six months employed in a workplace, and to require every such person to be so examined and to sign a declaration of the truth of the matters respecting which he is so examined; so, however, that no one shall be required under this provision to answer any question or to give any evidence tending to incriminate himself;
  (k) in the case of an occupational safety and health officer who is a medical practitioner, to carry out such medical examinations as may be necessary for the purposes of his duties under this Act; and
  (l) to exercise such other powers as may be necessary for the purposes of this Act.
  (2) The occupier of every workplace, and his agents and servants, shall furnish the means required by an occupational safety and health officer as necessary for an entry, inspection, examination or inquiry, or the taking of samples, or otherwise for the exercise of his powers, under this Act in relation to that workplace.
  (3) An occupational safety and health officer shall in the case of any article found in any premises which he has power to enter, being an article or substance which appears to him to have caused or is likely to cause danger to safety or health, cause it to be dismantled or subjected to any process or test but not to damage or destroy it unless this is in the circumstances necessary.
  (4) In the case of any article or substance specified in subsection (3) an occupational safety and health officer may take possession of it and detain it for so long as is necessary for any of the following purposes—
  (a) to examine it and do to it any thing which he has power to do under this Act;
  (b) to ensure that it is not tampered with before his examination of it is completed; and
  (c) to ensure that it is available for evidence in any proceedings for an offence under this Act; and
  (d) to summon in writing any person whom he has reasonable cause to believe to be able to give any information relevant to any inspection,
  examination or investigation, to attend at a time and place specified and to give such information or to produce any relevant document.
  (...)"
  (Art. 32)

  "Power to take samples
  (1) An occupational safety and health officer may at any time, after informing the occupier or, if the occupier is not readily available, a foreman or other responsible person in the workplace, take for analysis sufficient samples of any substance used or intended to be used in a workplace, being a substance in respect of which he suspects a contravention of any rule made under this Part, or which he thinks may prove on analysis to be likely to cause bodily injury to the persons employed.
  (2) The occupier, the manager or other responsible person may, at the time when a sample is taken under this section, and on providing the necessary appliances, require the occupational safety and health officer to divide the same into three parts, and to mark and seal or fasten up each part in such manner as its nature permits, and—
  (a) to deliver one part to the occupier, or the manager or other responsible person aforesaid;
  (b) to retain one part for future comparison;
  (c) to submit one part to the analyst, and any analysis under this section shall, if so required, be carried out by the Government Chemist or a laboratory approved by the Director.
  (3) A certificate purporting to be a certificate by the Government Chemist or a laboratory approved by the Director as to the result of an analysis of a sample under this section shall in any proceedings under this Act, be admissible as evidence of the matters stated therein, but either party may require the person by whom the analysis was made to be called as a witness.
  (4) It shall not be lawful for any person, except in so far as is necessary for the purposes of a prosecution for an offence under this Act, to publish or disclose to any person the results of an analysis made under this section, and if any person acts in contravention of this subsection that commits an offence and shall on conviction be liable to a fine not exceeding five hundred thousand shillings or to imprisonment for a term not exceeding twelve months, or to both."
  (Art. 34)
  

  • Occupational Safety and Health Act, 2007 (Act No. 15 of 2007) (Cap. 514). (Arts. 32 and 34)

  Related CEACR Comments
  • Labour Inspection Convention, 1947 (No. 81) Observation 2014
  • Labour Inspection Convention, 1947 (No. 81) Direct Request 2014
  

• 11.2.3 Power to investigate

  No data available.
  

• 11.2.4 Duty to provide advice on OSH

  No data available.
  

  Related CEACR Comments
  • Labour Inspection Convention, 1947 (No. 81) Observation 2014
  • Labour Inspection Convention, 1947 (No. 81) Direct Request 2014
  

11.3 OSH inspectors’ enforcement powers

• 11.3.1 Power to issue orders or notices

  Summary / Citation: "Improvement notices
  If an occupational safety and health officer is of the opinion that a person—
  (a) is contravening any of the provisions of this Act or rules made thereunder; or
  (b) has contravened one or more of those provisions in circumstances that make it likely that the contravention will continue or be repeated, he may serve on that person a notice (in this Part referred to as “an improvement notice”) stating that he is of that opinion, specifying the provision or provisions in respect of which he is of that opinion, giving particulars of the reasons why he is of that opinion and requiring that person to remedy the contravention or, as the case may be, the matters occasioning it within such period ending not earlier than the period within which an appeal against the notice can be brought under section 38 as may be specified in the notice."
  (Art. 36)

  "Prohibition notices
  (1) This section applies to any activities which are being or are about to be carried on by or under the control of any person, being activities to or in relation to which this Act or the rules made thereunder apply or will, if the activities are so carried on, apply.
  (2) If as regards any activities to which this section applies an occupational safety and health officer is of the opinion that, as carried on or about to be carried on by or under the control of the person in question the activities involve or, as the case may be, will involve a risk of serious personal injury, the occupational safety and health officer may serve on that person a notice (in this Part referred to as “a prohibition notice”).
  (3) A prohibition notice shall—
  (a) state that the occupational safety and health officer is of the said opinion;
  (b) specify the matters which in his opinion give or as the case may be, will give rise to the said risk;
  (c) where in his opinion any of those matters involve or, as the case may be, will involve a contravention of any provision of this Act or the rules made thereunder, state that he is of that opinion, specify the provision or provisions in respect of which he is of that opinion, and the particulars of the reasons why he is of that opinion; and
  (d) direct that the activities to which the notice relates shall not be carried on by or under the control of the person on whom the notice is served unless the matters specified in the notice in pursuance of paragraph(b) and any associated contraventions of provisions so specified in pursuance of paragraph (c) have been remedied.
  (4) A direction given under subsection (3)(d) shall take immediate effect if the occupational safety and health officer is of the opinion, and states it, that the risk of serious personal injury is or, as the case may be, will be imminent, and shall have effect to the end of a period specified in the notice in any other case.
  (5) In order to enforce a prohibition imposed under this section an occupational safety and health officer may block, seal, bar, barricade, immobilise or fence off that part of the workplace, plant or machinery to which the prohibition applies, and no person shall interfere with or remove such blocking sealing, bar, barricade, immobiliser or fence.
  (6) An employer shall forthwith bring the contents of a prohibition notice issued under this section to the attention of the health and safety committee at the workplace, where it exists.
  (7) An employee shall not lose any wages or benefits for work not done as a result of the imposition of a prohibition notice.
  (8) Any person who having been served with a prohibition notice under this section—
  (a) continues to carry on the activities to which the notice relates; or
  (b) breaks or removes or defeats the blocking, seal, bar, barricade, immobiliser or fence specified in subsection (5),
  commits an offence and shall on conviction be liable to a fine not exceeding five hundred thousand shillings or to imprisonment for a term not exceeding three months or to both and if the contravention in respect of which he is convicted is continued after the conviction, he shall be guilty of a further offence and liable in respect thereof to a fine not exceeding ten thousand shillings or to imprisonment for a term not exceeding seven days, or to both, for each day on which the offence is so continued."
  (Art. 37)

  "Provisions on prohibition notices and improvement notices
  (1) In this section “a notice” means an improvement notice or prohibition notice.
  (2) A notice may but need not, include directions as to the measures to be taken to remedy any contravention or matters to which the notice relates, and any such directions may be framed to—
  (a) any extent by reference to any code of practice approved by the Director; and
  (b) afford the person on which the notice is served a choice between ways of remedying the contravention or matter.
  (3) Where any of the provisions of this Act or the rules made thereunder apply to a building or any matter connected with a building, the notice shall not direct any measures to be taken to remedy the contravention of that provision which are more onerous than those necessary to requirements of any building rules to which the building or matter would be required to conform.
  (4) Before an occupational safety and health officer serves a notice in connection with any premises used or about to be used as a workplace, requiring
  or likely to lead to the taking of measures affecting the means of escape in case of fire with which the premises are or ought to be provided, he shall consult the fire authority of the area in which the premises are located.
  (5) Where an improvement notice or prohibition notice, which is to take immediate effect, has been served—
  (a) the notice may be withdrawn by an occupational safety and health officer at any time before the end of the period specified therein in pursuance of section 36 or section 37, as the case may be; and
  (b) the period so specified may be extended by an occupational safety and health officer at any time when an appeal against the notice is not pending."
  (Art. 39)
  

  • Occupational Safety and Health Act, 2007 (Act No. 15 of 2007) (Cap. 514). (Arts. 36 - 39)

  Related CEACR Comments
  • Labour Inspection Convention, 1947 (No. 81) Observation 2014
  • Labour Inspection Convention, 1947 (No. 81) Direct Request 2014
  

• 11.3.2 Power to impose financial penalties

  No data available.
  

• 11.3.3 Power to revoke or suspend licenses or authorisations

  No data available.
  

  Related CEACR Comments
  • Labour Inspection Convention, 1947 (No. 81) Observation 2014
  • Labour Inspection Convention, 1947 (No. 81) Direct Request 2014
  

• 11.3.4 Power to require the cessation of dangerous work

  Summary / Citation: "Power to deal with cause of imminent danger
  (1) Where, in the case of any article or substance found by him in any premises which he has power to enter, an occupational safety and health officer has reasonable cause to believe that, in the circumstances in which he finds it, the article or substance is a cause of imminent danger or serious personal injury, he may seize it and cause it to be rendered harmless (whether by destruction or otherwise).
  (2) Before any article or substance that forms part of a batch of similar articles or any substance is rendered harmless under this section the occupational safety and health officer shall, if it is practicable for him to do so, take a sample of the article or substance and give to a responsible person at the premises where he found it a portion of the sample marked in a manner sufficient to identify it.
  (3) As soon as an article or substance has been seized and rendered harmless under this section, the occupational safety and health officer shall prepare and sign a written report giving particulars of the circumstances in which the article or substance was seized and dealt with by him, and shall—
  (a) give a signed copy of the report to a responsible person at the premises where the article or substance was found by him; and
  (b) unless the person is the owner of the article or substance, also serve a signed copy of the report to the owner."

  • Occupational Safety and Health Act, 2007 (Act No. 15 of 2007) (Cap. 514). (Art. 35)

  Related CEACR Comments
  • Labour Inspection Convention, 1947 (No. 81) Observation 2014
  • Labour Inspection Convention, 1947 (No. 81) Direct Request 2014
  

• 11.3.5 Power to initiate prosecutions

  No data available.
  

• 11.3.6 Power to conduct prosecutions

  Summary / Citation: "Power of occupational safety and health officer to conduct proceedings
  (1) An occupational safety and health officer may, although he is not an advocate, prosecute, conduct or defend before a magistrate’s court any charge, information, complaint or other proceeding arising under this Act, or in the discharge of his duty as occupational safety and health officer.
  (2) It shall not be an objection to the competency of an occupational safety and health officer to give evidence as a witness in any prosecution for an offence under this Act that the prosecution is brought at his instances or conducted by him."

  • Occupational Safety and Health Act, 2007 (Act No. 15 of 2007) (Cap. 514). (Art. 33)

• 11.3.7 Other enforcement powers

  No data available.
  

11.4 Application of sanctions by courts

• 11.4.1 Financial penalties for legal persons

  Summary / Citation: "An employee who contravenes the provisions of this section commits an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand shillings or to imprisonment for a term not exceeding three months or to both."
  (Art. 13.2)

  "(7) Where an occupational safety and health officer is obstructed in the execution of his powers or duties under this Act, the person obstructing him commits an offence and shall on conviction be liable to a fine not exceeding one hundred thousand shillings or to imprisonment for a term not exceeding six months or to both.
  (8) An occupier of a workplace where an occupational safety and health officer is so obstructed shall be deemed to have committed the offence specified in subsection (7)."
  (Art. 32.7, .8)

  PART XIII – OFFENCES, PENALTIES AND LEGAL PROCEEDINGS
  "Offences
  (1) In the event of any contravention in connexion with or in relation to a workplace of the provisions of this Act, the occupier, or if the contravention is one in respect of which the owner is by or under this Act made responsible, the owner of the workplace shall, subject to this Act be guilty of an offence.
  (2) In the event of a contravention by an employee of the provisions of this Act with respect to duties of employees or of a contravention by any person of any rule or order made under this Act, which expressly imposes any duty upon him, that employee shall be guilty of an offence and the occupier or owner, as the case may be, shall not be guilty of an offence by reason only of the contravention of the said provisions of this Act, or the contravention of the provision imposing the said duty, as the case may be, unless it is proved that he failed to take all reasonable steps to prevent the contravention; but this subsection shall not be taken as affecting any liability of the occupier or owner in respect of the same matter by virtue of some provision other than the provisions or provision aforesaid.
  (3) If the occupier of a workplace avails himself of any special exception allowed by or under this Act and fails to comply with any of the conditions attached to the exception, he shall be deemed to have contravened the provisions of this Act.
  (4) If any persons are employed in a workplace otherwise than in accordance with the provisions of this Act, there shall be deemed to be a separate contravention in respect of each person so employed.
  (5) Where an offence under this Act is committed by a company, co-operative society or other body of persons and is proved to have been committed with the
  consent or connivance of, or to have been facilitated by any neglect on the part of, any director, chairman, manager, secretary or other officer of the company, co-operative society or other body of persons, he, as well as the company, cooperative society or other body of persons, shall be deemed to have committed the offence and shall be liable to be proceeded against and punished accordingly."
  (Art. 108)

  "General penalty
  (1) Any person who commits an offence under this Act for which no express penalty is provided shall on conviction be liable to a fine not exceeding three
  hundred thousand shillings or to imprisonment for a term not exceeding three months or to both.
  (2) Where the contravention in respect of which a person is convicted is continued after the conviction, shall that person subject to the provisions of section 110, be guilty of a further offence and liable in respect thereof to a fine not exceeding ten thousand shillings for each day on which the contravention is so continued."
  (Art. 109)

  "An occupier who fails to comply with a duty imposed on him under this section commits an offence and shall on conviction be liable to a fine not exceeding five hundred thousand shillings or to imprisonment for a term not exceeding six months or to both."
  (Art. 6.7)
  

  • Occupational Safety and Health Act, 2007 (Act No. 15 of 2007) (Cap. 514). (Arts. 6, 13.2, 32, 108 and 109)

• 11.4.2 Financial penalties for natural persons

  Summary / Citation: "An employee who contravenes the provisions of this section commits an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand shillings or to imprisonment for a term not exceeding three months or to both."
  (Art. 13.2)

  "(7) Where an occupational safety and health officer is obstructed in the execution of his powers or duties under this Act, the person obstructing him commits an offence and shall on conviction be liable to a fine not exceeding one hundred thousand shillings or to imprisonment for a term not exceeding six months or to both.
  (8) An occupier of a workplace where an occupational safety and health officer is so obstructed shall be deemed to have committed the offence specified in subsection (7)."
  (Art. 32.7, .8)

  PART XIII – OFFENCES, PENALTIES AND LEGAL PROCEEDINGS
  "Offences
  (1) In the event of any contravention in connexion with or in relation to a workplace of the provisions of this Act, the occupier, or if the contravention is one in respect of which the owner is by or under this Act made responsible, the owner of the workplace shall, subject to this Act be guilty of an offence.
  (2) In the event of a contravention by an employee of the provisions of this Act with respect to duties of employees or of a contravention by any person of any rule or order made under this Act, which expressly imposes any duty upon him, that employee shall be guilty of an offence and the occupier or owner, as the case may be, shall not be guilty of an offence by reason only of the contravention of the said provisions of this Act, or the contravention of the provision imposing the said duty, as the case may be, unless it is proved that he failed to take all reasonable steps to prevent the contravention; but this subsection shall not be taken as affecting any liability of the occupier or owner in respect of the same matter by virtue of some provision other than the provisions or provision aforesaid.
  (3) If the occupier of a workplace avails himself of any special exception allowed by or under this Act and fails to comply with any of the conditions attached to the exception, he shall be deemed to have contravened the provisions of this Act.
  (4) If any persons are employed in a workplace otherwise than in accordance with the provisions of this Act, there shall be deemed to be a separate contravention in respect of each person so employed.
  (5) Where an offence under this Act is committed by a company, co-operative society or other body of persons and is proved to have been committed with the
  consent or connivance of, or to have been facilitated by any neglect on the part of, any director, chairman, manager, secretary or other officer of the company, co-operative society or other body of persons, he, as well as the company, cooperative society or other body of persons, shall be deemed to have committed the offence and shall be liable to be proceeded against and punished accordingly."
  (Art. 108)

  "General penalty
  (1) Any person who commits an offence under this Act for which no express penalty is provided shall on conviction be liable to a fine not exceeding three
  hundred thousand shillings or to imprisonment for a term not exceeding three months or to both.
  (2) Where the contravention in respect of which a person is convicted is continued after the conviction, shall that person subject to the provisions of section 110, be guilty of a further offence and liable in respect thereof to a fine not exceeding ten thousand shillings for each day on which the contravention is so continued."
  (Art. 109)

  "An occupier who fails to comply with a duty imposed on him under this section commits an offence and shall on conviction be liable to a fine not exceeding five hundred thousand shillings or to imprisonment for a term not exceeding six months or to both."
  (Art. 6.7)

  • Occupational Safety and Health Act, 2007 (Act No. 15 of 2007) (Cap. 514). (Arts. 6, 32, 108 and 109)

• 11.4.3 Non-financial sanctions

  No data available.
  

• 11.4.4 Criminal liability

  No data available.
  

• 11.4.5 Terms of imprisonment for natural persons

  Summary / Citation: "An employee who contravenes the provisions of this section commits an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand shillings or to imprisonment for a term not exceeding three months or to both."
  (Art. 13.2)

  "(7) Where an occupational safety and health officer is obstructed in the execution of his powers or duties under this Act, the person obstructing him commits an offence and shall on conviction be liable to a fine not exceeding one hundred thousand shillings or to imprisonment for a term not exceeding six months or to both.
  (8) An occupier of a workplace where an occupational safety and health officer is so obstructed shall be deemed to have committed the offence specified in subsection (7)."
  (Art. 32.7, .8)

  PART XIII – OFFENCES, PENALTIES AND LEGAL PROCEEDINGS
  "Offences
  (1) In the event of any contravention in connexion with or in relation to a workplace of the provisions of this Act, the occupier, or if the contravention is one in respect of which the owner is by or under this Act made responsible, the owner of the workplace shall, subject to this Act be guilty of an offence.
  (2) In the event of a contravention by an employee of the provisions of this Act with respect to duties of employees or of a contravention by any person of any rule or order made under this Act, which expressly imposes any duty upon him, that employee shall be guilty of an offence and the occupier or owner, as the case may be, shall not be guilty of an offence by reason only of the contravention of the said provisions of this Act, or the contravention of the provision imposing the said duty, as the case may be, unless it is proved that he failed to take all reasonable steps to prevent the contravention; but this subsection shall not be taken as affecting any liability of the occupier or owner in respect of the same matter by virtue of some provision other than the provisions or provision aforesaid.
  (3) If the occupier of a workplace avails himself of any special exception allowed by or under this Act and fails to comply with any of the conditions attached to the exception, he shall be deemed to have contravened the provisions of this Act.
  (4) If any persons are employed in a workplace otherwise than in accordance with the provisions of this Act, there shall be deemed to be a separate contravention in respect of each person so employed.
  (5) Where an offence under this Act is committed by a company, co-operative society or other body of persons and is proved to have been committed with the
  consent or connivance of, or to have been facilitated by any neglect on the part of, any director, chairman, manager, secretary or other officer of the company, co-operative society or other body of persons, he, as well as the company, cooperative society or other body of persons, shall be deemed to have committed the offence and shall be liable to be proceeded against and punished accordingly."
  (Art. 108)

  "General penalty
  (1) Any person who commits an offence under this Act for which no express penalty is provided shall on conviction be liable to a fine not exceeding three
  hundred thousand shillings or to imprisonment for a term not exceeding three months or to both.
  (2) Where the contravention in respect of which a person is convicted is continued after the conviction, shall that person subject to the provisions of section 110, be guilty of a further offence and liable in respect thereof to a fine not exceeding ten thousand shillings for each day on which the contravention is so continued."
  (Art. 109)

  "An occupier who fails to comply with a duty imposed on him under this section commits an offence and shall on conviction be liable to a fine not exceeding five hundred thousand shillings or to imprisonment for a term not exceeding six months or to both."
  (Art. 6.7)

  • Occupational Safety and Health Act, 2007 (Act No. 15 of 2007) (Cap. 514). (Arts. 6, 32, 108 and 109)