Occupational Safety and Health Act 2007
Occupational Safety and Health Act 2007
Occupational Safety and Health Act 2007
ARRANGEMENT OF SECTIONS
PART I― PRELIMINARY
Section
1―Short title.
2―Interpretation.
3―Application of Act.
4―Approval of codes of practice by Director.
5―Use of approved codes of practice in criminal proceedings.
6―Duties of occupiers.
7―Duty to prepare a safety and health policy statement.
8―Discrimination against employee etc.
9―Safety and health committees.
10―Duty not to charge employees for things done or provided.
11―Safety and health audits.
12―Duties of self employed persons.
13―Duties of employees.
14―Duty to report any dangerous situation.
15―Duty not to interfere with or misuse things provided pursuant to
certain provisions.
16―Prohibition against creation of hazards.
17―General duties of occupiers and self-employed to persons other than
their employees.
18—Duties of an occupier of a place of work to persons other than his
employees.
19―General duty of persons in control of certain premises in relation to
harmful emissions into atmosphere.
20―Duties of designers, manufacturers importers etc with regard to
articles and substances for use at work.
21―Notice of accidents and dangerous occurrences.
22―Notification of occupational diseases.
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23―The Director.
24―Research and related activities.
25―Collection of occupation safety and health statistics.
26―Appointment of occupational safety and health officers.
27―Establishment of the National Council for Occupational Safety and
Health.
28―Membership of the Council.
29―Annual report.
30―Technical advisory committee.
31―Functions of the technical advisory committee.
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47―Cleanliness.
48―Overcrowding.
49―Ventilation.
50―Lighting.
51―Drainage of floors.
52―Sanitary conveniences.
53―Enforcement of section 52 by local authorities.
54―Duty of Occupational safety and health officer as to sanitary defects
remediable by local authority.
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SCHEDULES
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PART I——PRELIMINARY
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at work;
(f) informing all persons employed of——
(i) any risks from new technologies; and
(ii) imminent danger; and
(g) ensuring that every person employed participates in
the application and review of safety and health
measures.
(3) Every occupier shall carry out appropriate risk
assessments in relation to the safety and health of persons
employed and, on the basis of these results, adopt preventive
and protective measures to ensure that under all conditions of
their intended use, all chemicals, machinery, equipment, tools
and process under the control of the occupier are safe and
without risk to health and comply with the requirements of
safety and health provisions in this Act.
(4) Every occupier shall send a copy of a report of risk
assessment carried out under this section to the area
occupational safety and health officer;
(5) Every occupier shall take immediate steps to stop any
operation or activity where there is an imminent and serious
danger to safety and health and to evacuate all persons
employed as appropriate.
(6) It is the duty of every occupier to register his
workplace unless such workplace is excepted from
registration under this Act.
(7) 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.
Duty to prepare a 7.(1) Except in such cases as may be prescribed, it is the
safety and health
policy statement. duty of every occupier to—
(a) prepare and, as often as may be appropriate,
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(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.
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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.
(5) No person shall, in relation to any investigation or
inquiry under this Act—
(a) without reasonable justification fail to comply with a
lawful summon, request or order issued or given by
an occupational safety and health officer.
(b) refuse or fail to answer to the best of his knowledge
any question lawfully put to him by or with the
concurrence of an occupational safety and health
officer.
Provided that no person shall be obliged to answer any
question whereby he may incriminate himself;
(c) in any manner whatsoever advise, encourage incite
order or persuade any person who has been directed
summoned, requested or ordered to do something by
an occupational safety and health officer not to
comply with such direction, summons, request order
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Registration of 44. (1) Before any person occupies or uses any premises
workplaces.
as a workplace, he shall apply for the registration of the
premises by sending to the Director a written notice
containing the particulars set out in the Fourth Schedule.
(2) Upon receipt of the notice referred to in subsection
(1), the Director shall take such steps as may be necessary to
satisfy himself that the premises are suitable for use as a
workplace of the nature stated in the notice, and upon being so
satisfied, shall cause the premises to be registered and shall
issue to the applicant, upon payment of a prescribed fee, a
certificate of registration in the form set out in the Fifth
Schedule;
(3) The Director shall carry out the duties imposed upon
him by this section with all practicable speed.
(4) All workplaces which were registered under the
Cap. 514.
Factories and Other Places of Work Act (now repealed) shall
be deemed to have been registered under this Act
(5) Any person who, without having been issued with a
certificate of registration under subsection (2), occupies or
uses any premises as a workplace 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 three months or to both, and, if the contravention in
respect to 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 continued.
(6) Where the Director refuses to issue a certificate of
registration under this section he shall, state in writing, the
grounds of such refusal.
(7) The occupier of a workplace registered under this Act
shall notify the Director in writing of any proposed change in
the registered particulars of that workplace prior to effecting
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the change.
(8) The occupier of a workplace who fails to comply with
the provisions of subsection (7) commits an offence and shall
on conviction be liable to a fine not exceeding one hundred
thousand shillings or imprisonment for a term not exceeding
three months or to both.
(9) A person who is aggrieved by a decision of the
Director made under this section may, within fourteen days
from the date of the decision, appeal to an appeal committee
appointed by the Minister under section 46.
(10) The Minister may, after consultation with the
Council, make regulations to provide for—
(a) workplaces to be excepted from registration under
this Act;
(b) the registration of premises where employees perform
any work or where plant or machinery is used and
the fee payable in respect of such registration;
(c) the registration of plant and machinery and the fee
payable in respect of such registration.
Exceptions to 45.(1) The Minister may, after consultation with the
registration.
Council, by notice in the Gazette, except some classes of
workplaces from the requirements of section 44.
(2) The Minister may only except a class of workplaces
under this section if he is satisfied that there are adequate
arrangements in place for the protection of the safety and
health of the affected employees.
(3) An exception granted under subsection (1) shall be
subject to review by the Director every five years or such
shorter period as he may deem necessary in order to assess the
general status of the safety and health in the classes of
workplaces thereby excepted, with a view to upholding the
exception or withdrawing it.
(4) After the Council adopts a report of the review
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be securely fenced.
Transmission 57.(1) Every part of transmission machinery shall be
machinery.
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.
Other 58. (1) Every dangerous part of any machinery, other that
machinery.
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
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compressing plant; or
(b) any fixed vessel for containing compressed air or
compressed exhaust gases and used for the purpose
of starting an internal combustion engine;
“approved person” means any person who is approved by
the Director, by certificate in writing for the purpose of
carrying out examinations and tests of air receivers in
accordance with, and for the purposes of this section.
Cylinders for 70.(1) Every cylinder for compressed, liquefied and
compressed,
liquefied and dissolved gases, and its fittings, shall be-
dissolved
gases.
(a) so designed as to be suitable for the particular
circumstances of their use; and
(b) of sufficient strength to sustain the internal
pressures to which they will normally be
subjected.
(2) Every cylinder for compressed, liquefied and
dissolved gases shall conform to a standard specification
Cap.496.
prescribed under the Standards Act or where a standard is not
prescribed, a standard specification approved by the Director
and the Kenya Bureau of Standards for purposes of this Act
and shall be of good construction, sound material, adequate
strength and free from patent defect.
(3) Every cylinder, when constructed or sold, shall be
covered by the manufacturer’s test certificate showing
compliance with the safety and health standards specifications
prescribed under section 4, and the certificate shall be
obtainable, during the whole life of the cylinder, from the
owner of the cylinder.
(4) Every cylinder owner shall keep a cylinder
maintenance register in which shall be noted, under the
corresponding dates, all tests, internal and external
examination, cleanings and repairs undertaken on the
cylinder, and the register shall be available for inspection by
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Examination and 72. Any person who, for purposes of this Part, desires that
testing of plants.
an examination of any equipment or plant be carried out by a
person approved for that purpose under this Part, and any
person who desires to obtain the certificates referred to in
sections 63, 64, 65, 67, 68, 69, 70 and 71 from any such
approved person, may, on payment of the prescribed fee,
request such an approved person to carry out the necessary
tests and examination with a view to obtaining the certificate.
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or other emergency.
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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.
Exposure limits 88. The Minister may, after consultation with the
to hazardous
substances. Council, establish or adopt exposure limits on hazardous
substances in the workplace so as to protect persons
employed.
Control of air 89.(1)In every workplace in which, in connexion with
pollution, noise
and vibration. 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
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Protective 101. (1) Every employer shall provide and maintain for
clothing and
appliances. the use of employees in any workplace where employees are
employed in any process involving exposure to wet or to any
injurious or offensive substance, adequate, effective and
suitable protective clothing and appliances, including, where
necessary, suitable gloves, footwear, goggles and head
coverings.
(2)The Director shall register safety consultants to assess
the suitability and effectiveness of protective clothes and
appliances.
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both.
Penalty on 113. Where an act or default for which an occupier or
persons
committing owner of a workplace is liable under this Act is in fact the act
offence for or default of an agent, servant, worker or other person, that
which occupier
is liable. agent, servant, worker or other person shall be deemed to have
committed the offence and shall be liable to the like penalty as
if he were the occupier or owner, as the case may be.
Exemption of 114. (1) Where the occupier or owner of a workplace is
occupier or
owner on charged with an offence under this Act, he shall be entitled,
conviction of upon a charge duly made by him and on giving to the
actual offender.
prosecution not less than three days’ notice in writing of his
intention, to have any other person whom he charges as the
actual offender (whether or not that person is his agent or
servant) brought before the court at the time appointed for
hearing the charge; and if, after the commission of the offence
has been proved, the occupier or owner of the workplace
proves to the satisfaction of the court-
(a) that he has used all due diligence to enforce the
execution of this Act and of any relevant order or
rule made hereunder;
(b) that the said other person committed the offence in
question without his knowledge, connivance or
wilful default,
that other person shall be convicted of the offence and the
occupier or owner shall not be guilty of the offence, and the
person so convicted shall, in the discretion of the court, also
be liable to pay any costs incidental to the proceedings.
(2) The prosecution shall have the right in any case to
cross-examine the occupier or owner if he gives evidence and
any witnesses called by him in support of his charge, and to
call rebutting evidence.
(3) When it is made to appear to the satisfaction of an
occupational safety and health officer at the time of
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discovering an offence-
(a) that the occupier or owner, as the case may be of
the workplace has used all due diligence to
enforce the execution of this Act;
(b) the person who committed the offence; and
(c) that it has been committed without the knowledge,
connivance or wilful default of the occupier or
owner and in contravention of his orders,
the occupational safety and health officer shall proceed
against the person whom he believes to be the actual offender
without first proceeding against the occupier or owner of the
workplace
Proceedings 115. Where, under this Act, any person is substituted for
against persons
other than the occupier or owner of a workplace with respect to any
occupiers or provisions of this Act, any order, summons, notice or
owners.
proceeding which, for the purpose of any of those provisions,
is, by or under this Act, required or authorized to be served on
or taken in relation to the occupier or owner is hereby
required or authorized, as the case may be, to be served on or
taken in relation to that person.
Prosecution of 116. (1) All offences under this Act shall be prosecuted,
offences.
and all fines under this Act shall be recovered in a magistrates
court.
(2) In any proceedings under this Act, it shall be
sufficient in the charge or information to allege that the
workplace is a workplace within the meaning of this Act and
to state the name of the ostensible occupier of the workplace
or, where the occupier is a firm, the title of the firm; and the
burden of proving that the premises are not a workplace, or
that the occupier specified in the charge or information is not
the occupier of the workplace, shall lie upon the person
alleging such fact.
(3)Where any offence is committed under this Act by
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deems fit.
Repeal and 129. (1) Subject to the provisions of subsection (2), the
savings.
Factories and Other Places of Work Act is repealed.
Cap 514.
(2) Notwithstanding the provisions of subsection(1) ―
(a) anything done under the provisions of the
Factories and Other Places of Work Act or the
Minister under the provisions of the Factories
and Other Places of Work Act before the
commencement of this Act shall be deemed to
have been done under the provisions of this
Act;
(b) 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.
(3) In the event of any conflict or inconsistency between
the provisions of this Act and that of any other written law
relating to occupational safety and health, the provisions of
this Act shall prevail and the conflicting or inconsistent
provisions of such other written law shall, to the extent of the
conflict or inconsistency, be construed as superseded.
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5. Explosion or fire affecting any room in which persons are employed and
causing complete suspension of ordinary work therein for not less than
twenty-four hours.
7. The explosion of any steam boiler, failure of fire tubes of steam tubes or
furnace collapse or fusible plug.
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(i) Alpha-naphthylamine or
beta-naphthylamine
(ii) Diphenyl substituted by at
least one nitro- or primary
amino- group or by at least
one nitro- of a primary
amino- group.
(iii) Any of the substances
mentioned in subparagraph
(ii) the father of ring
substituted by halogeno,
methyl or methoxy groups,
but not by other groups.
(iv) The salts of any of the
substances mentioned In
subparagraphs (i) to (iii)
(v) Auramine or magnet
(b) The use or handling of
any of the substances
mentioned in sub-
paragraphs (i) to (iv) of
paragraph (a), or work
in a process in which
any such substance is
used or handled or the
liberated.
The maintenance or cleaning of any
plant or machinery used in any such
process as is mentioned in paragraph
(b), or the cleaning of clothing used
in any such building as is mentioned
in paragraph (a) if such clothing is
cleaned within the works of which
the building forms part or in the
laundry maintained and used solely in
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(Section 27)
THIRD SCHEDULE
Tenure of office. 1. (1) A member of the Council, other than an ex officio member
shall, subject to the provisions of this Schedule, hold office for a
period not exceeding three years, on such terms as may be
specified in the instrument of appointment, but shall be eligible for
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Meetings. 3. (1) The Council shall meet not less than four times in every
financial year and not more than four months shall elapse between
the date of one meeting and the date of the next meeting.
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(3) The members of the Council shall, at the first meeting of the
Council, elect from amongst their number, a vice-chairman.
(5) The quorum for the conduct of the business of the Council
shall be eleven members excluding the Director.
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No. of Certificate………………
Date of issue…………………
I hereby certify that the workplace named below has been duly registered in
pursuance of section …………………………………………of the
Occupational Safety and Health Act.
Name of occupier ………………………………………………
Address and location of workplace……………………………..
Nature of work………………………………………………….
………………………………………
Director, Occupational Safety and
Health Services.
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1.In addition to the steps required to be taken under paragraph (2)of this
Schedule, the preparation of the interior and exterior of a boiler (including,
where fitted, and economizer and super heater) for examination when cold
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under section 67 shall consist of all or any of one or more of the following
steps –
(a) the opening out, cleaning and descaling of the boiler, including the
removal of doors from mudholes, manholes and handholes;
(b) the removal of firebars;
(c) in the case of shells type boilers, the dismantling of firebridges (if
made of brick) and all furnace protective brickwork; and
(d) the opening out for cleaning and inspection of fittings including the
pressure parts of automatic controls; and
(e) in the case of water tube boilers , the removal of drum internal
fittings, and if the person making the examination may require other
preparations to be made.
2. All brickwork, baffles and coverings shall be removed for the purpose
of the thorough examination to the extent required by the person
carrying out the examination but in any case these parts shall be
removed to the extent necessary to expose headers, seams and shells of
drums at least—
(a) once in every six years in the case of a steam boiler situated in the
open or exposed to the weather of damp; and
(b) once in every ten years in the case of every other team boiler.
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than precision turning where the use of goggles or a screen would seriously
interfere with the work, or turning by means of hand tools.
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