Occupational Safety and Health Act

Section 1. Short title Section This Act may be cited as the Occupational Safety and Health Act.

Section 2. Interpretation Section any plant designed for use or operation (whether exclusively or not) by persons at a workplace; and

Section 3. Application of Act Section 3(1) This Act shall apply to all workplaces where any person is at work, whether temporarily or permanently. Section 3(2)(a) secure the safety, health and welfare of persons at work; and Section 3(2)(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.

Section 4. Approval of codes of practice by Director Section 4(1) For the purpose of providing practical guidance with respect to any provision of this Act and of safety and health regulations, the Director shall, in consultation with the Council, approve and issue codes of practice which are in his opinion suitable for that purpose. Section 4(2) The Director shall, in consultation with the Council, from time to time, revise the whole or any part of any code of practice prepared by him in pursuance of this section. Section 4(3) The Director may, in consultation with the Council, withdraw a code of practice approved or issued under subsection (1). Section 4(4) Where the Director has approved, issued or withdrawn a code of practice under this section, the Director shall publish a notice in the Gazette .

Section 5. Use of approved codes of practice in criminal proceedings Section 5(1) Failure on the part of any person to observe any provision of an approved code of practice shall not render that person liable to any civil or criminal proceedings; but where in any criminal proceedings a party is alleged to have committed an offence by reason of a contravention of any requirement or prohibition imposed by an approved code of practice, the provisions of subsection (2) shall have effect with respect to that code in relation to those proceedings. Section 5(2) Any provision of the code of practice which appears to the court to be relevant to the requirement or prohibition alleged to have been contravened shall be admissible in evidence in the proceedings; and if it is proved that there was at any material time a failure to observe any provision of the code which appears to the court to be relevant to any matter which it is necessary for the prosecution to prove in order to establish a contravention of that requirement or prohibition, that matter shall be taken as proved unless the court is satisfied that the requirement or prohibition was in respect of that matter complied with otherwise...

Section 6. Duties of occupiers Section 6(1) Every occupier shall ensure the safety, health and welfare at work of all persons working in his workplace. Section 6(2)(a) the provision and maintenance of plant and systems and procedures of work that are safe and without risks to health; Section 6(2)(b) arrangements for ensuring safety and absence of risks to health in connection with the use, handling, storage and transport of articles and substances; Section 6(2)(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; Section 6(2)(d) the maintenance of any workplace under the occupier’s control, in a condition that is safe and without risks to health and the provision and maintenance of means of access to and egress from it that are safe and without such risks to health; Section 6(2)(e) the provision and maintenance of a working environment for every person employed that is, safe, without risks to health, and adequate as regards facilities and arrangements for the employees welfare at work; Section 6(2)(f) any risks from new technologies; and Section 6(2)(f)(i) any risks from new tec...

Section 7. Duty to prepare a safety and health policy statement Section 7(1)(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 Section 7(1)(b) to bring the statement and any revision of it to the notice of all of his employees. Section 7(2) The Cabinet Secretary may make regulations to provide for the contents of a general statement of safety and health and obligations to a person implementing the policy. Section 7(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.

Section 8. Discrimination against employee, etc. Section 8(1)(a) makes a complaint about a matter which the employee considers is not safe or is a risk to his health; Section 8(1)(b) is a member of a safety and health committee established pursuant to this Act; or Section 8(1)(c) exercises any of his functions as a member of the safety and health committee. Section 8(2) An occupier who contravenes the provisions of this section commits an offence and shall, on conviction, be liable to a fine exceeding one hundred thousand shillings or to imprisonment for a term not exceeding three months or to both. Section 8(3)(a) an order that the offender pays within a specific period to the person against whom the offender has discriminated such damages as the court deems fit to compensate that person; or Section 8(3)(b) an order that the employee be reinstated or re-employed in his former position or, where that position is not available, in a similar position.

Section 9. Safety and health committees Section 9(1)(a) there are twenty or more persons employed at the workplace; or Section 9(1)(b) the Director directs the establishment of such a committee at any other workplace. Section 9(2) The Cabinet Secretary 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. Section 9(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. Section 9(4) An occupier who contravenes the provisions of subsection (1) commits an offence.

Section 10. Duty not to charge employees for things done or provided Section 10(1) An employer shall not make any deduction from an employee’s remuneration or levy, or permit to be levied on any of his employees any charge in respect of anything done or provided in pursuance of this Act or any regulation made there under. Section 10(2) An employer who contravenes the provisions of subsection (1) commits an offence.

Section 11. Safety and health audits Section 11(1) The occupier of a workplace shall cause a thorough safety and health audit of his workplace to be carried out at least once in every period of twelve months by a safety and health advisor, who shall issue a report of such an audit containing the prescribed particulars to the occupier on payment of a prescribed fee and shall send a copy of the report to the Director. Section 11(2) The audit report referred to in subsection (1) shall be preserved and be kept available for inspection by the occupational safety and health officer. Section 11(3) 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.

Section 12. Duties of self-employed persons Section 12(1)(a) take all necessary precautions to ensure his own safety and health and that of any other person in his workplace or within the environs of his workplace; Section 12(1)(b) at all times use appropriate safe systems of work, preventive and control measures and where not feasible, use suitable personal protective appliances and clothing required under this Act; Section 12(1)(c) comply with any safety and health rules, regulations, instructions and procedures issued under this Act; Section 12(1)(d) any situation which he has reason to believe would present imminent danger or hazard and which he cannot correct; and Section 12(1)(d)(i) any situation which he has reason to believe would present imminent danger or hazard and which he cannot correct; and Section 12(1)(d)(ii) any incident or injury that arises in the course of or in connection with his work, as required under this Act. Section 12(2) A self-employed person who contravenes the provisions of this section commits an offence.

Section 13. Duties of employee Section 13(1)(a) ensure his own safety and health and that of other persons who may be affected by his acts or omissions at the workplace; Section 13(1)(b) co-operate with his employer or any other person in the discharge of any duty or requirement imposed on the employer or that other person by this Act or any regulation made hereunder; Section 13(1)(c) at all times wear or use any protective equipment or clothing provided by the employer for the purpose of preventing risks to his safety and health; Section 13(1)(d) comply with the safety and health procedures, requirements and instructions given by a person having authority over him for his own or any other person’s safety; Section 13(1)(e) report to the supervisor, any situation which he has reason to believe would present a hazard and which he cannot correct; Section 13(1)(f) report to his supervisor any accident or injury that arises in the course of or in connection with his work; and Section 13(1)(g) with regard to any duty or requirement imposed on his employer or any other person by or under any other relevant statutory provision, co-operate with the employer or other person to enable that du...

Section 14. Duty to report any dangerous situation Section 14(1) Every employee shall report to the immediate supervisor any situation which the employee has reasonable grounds to believe presents an imminent or serious danger to the safety or health of that employee or of other employees in the same premises, and until the occupier has taken remedial action, if necessary, the occupier shall not require the employee to return to a work place where there is continuing imminent or serious danger to safety or health. Section 14(2) An employee who has left a work place, which the employee has reasonable justification to believe presents imminent and serious danger to life and health shall not be dismissed, discriminated against or disadvantaged for such action by the employer. Section 14(3) It shall be an offence for a person on whom a duty is imposed under this section to fail to carry out that duty.

Section 15. Duty not to interfere with or misuse things provided pursuant to certain provisions Section A person who wilfully interferes with or misuses any means, appliance, convenience or other thing provided or done in the interests of safety, health and welfare in pursuance of this Act 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.

Section 16. Prohibition against creation of hazards Section 16(1) No person shall engage in any improper activity or behaviour at the workplace, which might create or constitute a hazard to that person or any other person. Section 16(2) For the purposes of this section, improper activity or behaviour includes boisterous play, scuffling, fighting, practical jokes, unnecessary running or jumping or similar conduct.

Section 17. General duties of occupier and self-employed to persons other than their employees Section 17(1) Every occupier shall conduct his undertaking in such a manner as to ensure, that a person who is not his employee who may be affected thereby is not exposed to risks to safety or health. Section 17(2) Every self-employed person shall conduct his undertaking in such a way as to ensure that he and any other person who is not his employee who may be affected thereby is not exposed to risks to safety or health. Section 17(3) It shall be the duty of every employer and every self-employed person to give relevant safety and health information to every person, not being his employee who may be affected by the manner in which the employer or the self employed person conducts his undertaking, on such aspects of the way he conducts his business as may affect safety or health. Section 17(4) 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.

Section 18. Duties of an occupier of a place of work to persons other than his employees Section 18(1) An occupier of non-domestic premises which have been made available to persons, not being his employees, as a place of work, or as a place where the employees may use a plant or substance provided for their use there, shall take such measures as are practicable to ensure that the premises, all means of access thereto and egress therefrom available for use by persons using the premises, and any plant or substance in the premises provided for use there, are safe and without risks to health. Section 18(2)(a) maintenance or repair of a place of work or any means of access thereto or egress therefrom; or Section 18(2)(b) prevention of risks to safety and health that may arise from the use of any plant or substance in the place of work, Section 18(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.

Section 19. General duty of persons in control of certain premises in relation to harmful emissions into atmosphere Section 19(1)(a) prevent such emissions into the atmosphere; and Section 19(1)(b) render harmless and inoffensive the substances which may be emitted. Section 19(2)(a) manner in which the plant provided for those purposes is used; and Section 19(2)(b) supervision of any operation involving the emission of substances to which that subsection applies. Section 19(3) An occupier who contravenes the provisions of this section commits an offence.

Section 20. Duties of designers, manufacturers, importers, etc., with regard to articles and substances for use at work Section 20(1)(a) ensure, that the article is so designed and constructed as to be safe and without risks to health when properly used; Section 20(1)(b) carry out, or arrange for the carrying out of such testing and examination as may be necessary to ensure that the article is safe and without risk to health when properly used; Section 20(1)(c) take such steps as are necessary to ensure that there is available, in connection with the use of the article at work, adequate information about the use for which it is designed and has been tested, and about any conditions necessary to ensure that, when put to that use, it will be safe and without risks to health. Section 20(2) A person who designs or manufactures any article for use at work shall carry out or arrange for the carrying out of any necessary research to identify, eliminate or minimise any risks to safety or health to which the design or article may give rise. Section 20(3) A person who erects or installs any article for use at work in any premises where that article is to be used by a worker shall ensure, tha...

Section 21. Notice of accidents and dangerous occurrences Section 21(1) An employer or self-employed person shall notify the area occupational safety and health officer of any accident, dangerous occurrence, or occupational poisoning which has occurred at the workplace. Section 21(2)(a) inform the area occupational safety and health officer within twenty-four hours of the occurrence of the accident; and Section 21(2)(b) send a written notice of the accident in the prescribed form to the area occupational safety and health officer within seven days of the occurrence of the accident. Section 21(3) Where an accident in a workplace causes non-fatal injuries to a person therein, the employer shall send to the area occupational safety and health officer, a written notice of the accident in the prescribed form within seven days of the occurrence of the accident. Section 21(4) In the case of death due to a workplace accident, non-fatal injuries arising from a workplace accident, an occupational disease or a dangerous occurrence at the workplace, involving a self-employed person incapable of submitting notification, such notification shall be submitted to the area occupational safety and he...

Section 22. Notification of occupational diseases Section 22(1) A medical practitioner attending a patient who he believes to be suffering from any disease specified in the Second Schedule, contracted in any workplace, shall within seven days of attending the patient unless such a notice has been previously sent, send to the Director, a notice stating the name and full postal address of the patient, the disease from which, in the opinion of the medical practitioner, the patient is suffering, and the name and address of the workplace in which the patient was last employed. Section 22(2) A medical practitioner who fails to send a notice in as required by subsection (1), commits an offence and shall on conviction be liable to a fine not exceeding fifty thousand shillings. Section 22(3) An occupier shall send a written notice of any disease, specified in the Second Schedule, occurring in a workplace to the Director and the provisions of section 21 with respect to the notification of accidents shall mutatis mutandis apply to any notification of diseases. Section 22(4) The Cabinet Secretary may, by rules apply the provisions of this section to all workplaces or any class or description o...

Section 23. The Director Section 23(1) There shall be a Director of Occupational Safety and Health Services who shall be responsible for the administration of this Act. Section 23(2)(a) an ex officio member of the Council but shall have no right to vote; and Section 23(2)(b) the secretary of the Council. Section 23(3) The Director shall ensure adequate consultations on proposed occupational safety and health standards regulations and codes of practice. Section 23(4)(a) develop a five year strategic plan for improving occupational safety and health; and Section 23(4)(b) ensure that the plan specified in paragraph (a) meets the existing and future needs of industry and the community. Section 23(5)(a) examination and testing of plants and equipments; Section 23(5)(b) medical examination of employees; Section 23(5)(c) medical surveillance on the health of persons employed; Section 23(5)(d) safety and health audits of workplaces; or Section 23(5)(e) any other function necessary under Act. Section 23(6) A certificate of approval issued under this section shall be renewed annually. Section 23(7) The Director may at any time revoke a certificate of approval issued under subsection (5). Sec...

Section 24. Research and related activities Section 24(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 toinnovative methods, techniques and approaches of dealing with occupational safety and health problems. Section 24(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. Section 24(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 di...

Section 25. Collection of occupation safety and health statistics Section 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.

Section 26. Appointment of occupational safety and health officers Section 26(1) There shall be such senior deputy directors, deputy directors, assistant directors and occupational safety and health officers and such other officers as may be necessary, for the purposes of this Act. Section 26(2) No person shall be appointed under subsection (1) unless that person is the holder of a degree in science, medicine, engineering, chemistry, physics, biochemistry, nursing, zoology, computer science, occupational safety and health or industrial hygiene. Section 26(3) Notice of the appointment of an occupational safety and health officer shall be published in the Gazette . Section 26(4) The Director shall issue to every officer appointed under this section a certificate of authorization, which shall be produced on demand to the occupier or any person in charge of a workplace, which the officer intends to enter pursuant to this Act.

Section 27. Establishment of the National Council for Occupational Safety and Health Section 27(1)(a) the formulation and development of national occupational safety and health, policy framework; Section 27(1)(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; Section 27(1)(c) strategic means of promoting the best practices in occupational safety and health; Section 27(1)(d) the establishment, maintenance and development of a safety and health preventative culture; Section 27(1)(e) the reviewing of the provisions of this Act, rules and regulations, standards, industry codes of practice; Section 27(1)(f) the statistical analysis of work related deaths and injuries; and Section 27(1)(g) such other matters affecting occupational safety, health, as it considers desirable in the interest of improving the quality of working life in Kenya. Section 27(2) Without limiting subsection (1), the Director may advise the Council on the formulation and publication of...

Section 28. Membership of the Council Section 28(1) The Council shall consist of a Chairperson and the members specified in subsection (2) who shall be appointed by the Cabinet Secretary by notice in the Gazette . Section 28(2)(a) health; Section 28(2)(a)(i) health; Section 28(2)(a)(ii) agriculture; Section 28(2)(a)(iii) livestock development; Section 28(2)(a)(iv) industry; Section 28(2)(a)(v) water development; Section 28(2)(a)(vi) local authorities; and Section 28(2)(a)(vii) education; Section 28(2)(b) the Government Chemist; Section 28(2)(b)(i) the Government Chemist; Section 28(2)(b)(ii) the Kenya Bureau of Standards; Section 28(2)(b)(iii) the Central Bureau of Statistics; Section 28(2)(b)(iv) the Commissioner of Insurance; Section 28(2)(b)(v) the Association of Kenya Insurers; Section 28(2)(b)(vi) the public universities; Section 28(2)(b)(vii) the National Environmental Management Authority; Section 28(2)(b)(viii) the National Council for Science and Technology; Section 28(2)(b)(ix) the most representative employers organisation; Section 28(2)(b)(x) the most representative workers’ organisation; Section 28(2)(b)(xi) the Kenya Occupational Safety and Health Association; and Sec...

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

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

Section 31. Functions of the technical advisory committee Section 31(1)(a) approve persons for purposes of this Act; Section 31(1)(b) approve institutions or firms to carry out laboratory tests and analysis of substances and articles for use at workplaces; Section 31(1)(c) approve training syllabi to be used by organizations, institutions, firms or consultants offering occupational safety and health courses; Section 31(1)(d) ensure professional ethics of all approved persons and institutions; Section 31(1)(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; Section 31(1)(f) promote education and training in occupational safety and health; Section 31(1)(g) collect and disseminate information on occupational safety and health; and Section 31(1)(h) carry out any other activity relating to occupational safety and health. Section 31(2) The Cabinet Secretary shall, with approval of the National Treasury determine the allowances for the members of the committee.

Section 32. Powers of an occupational safety and health officer Section 32(1)(a) 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; Section 32(1)(a)(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; Section 32(1)(a)(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; Section 32(1)(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 gener...

Section 33. Power of occupational safety and health officer to conduct proceedings Section 33(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. Section 33(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.

Section 34. Power to take samples Section 34(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. Section 34(2)(a) to deliver one part to the occupier, or the manager or other responsible person aforesaid; Section 34(2)(b) to retain one part for future comparison; Section 34(2)(c) to submit one part to the analyst, and Section 34(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 ofthe matters stated therein, but either party may require the person by whom the analysis was made to be called as a witness. Section 34(4) It shall not be lawful for any person, exc...

Section 35. Power to deal with cause of imminent danger Section 35(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). Section 35(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. Section 35(3)(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 Section 35(3)(b) unless the person is the owner of the article or substance, also serve a signed copy of the report to the owner.

Section 36. Improvement notices Section is contravening any of the provisions of this Act or rules made thereunder; or

Section 37. Prohibition notices Section 37(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. Section 37(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”). Section 37(3)(a) state that the occupational safety and health officer is of the said opinion; Section 37(3)(b) specify the matters which in his opinion give or as the case may be, will give rise to the said risk; Section 37(3)(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...

Section 38. Appeal against improvement or prohibition notice Section 38(1) In this section “notice” means an improvement notice or a prohibition notice. Section 38(2) A person to whom an improvement or a prohibition notice is issued under section 36 or 37 shall comply with the notice notwithstanding that an appeal against its issuance has been lodged. Section 38(3) A person who is aggrieved by a notice issued by an occupational safety and health officer under section 36 or 37 may, within fourteen days from the date of such notice, appeal to the Director who may, after considering the appeal, by order in writing confirm, revoke or vary the notice. Section 38(4) A person who is aggrieved by a decision of the Director made under subsection (3) may, within fourteen days from the date of the decision, appeal to an appeal committee appointed by the Cabinet Secretary under section 46 . Section 38(5) Where an improvement or a prohibition notice is issued by the Director in exercise of the powers conferred under section 36 or 37 , the appeal shall be made to an appeal committee appointed by the Cabinet Secretary under section 46 .

Section 39. Provisions on prohibition notices and improvement notices Section 39(1) In this section “a notice” means an improvement notice or prohibition notice. Section 39(2)(a) any extent by reference to any code of practice approved by the Director; and Section 39(2)(b) afford the person on which the notice is served a choice between ways of remedying the contravention or matter. Section 39(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. Section 39(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. Section 39(5)(a) the notice may be with...

Section 40. Occupational safety and health officer not to disclose information or source of complaints Section 40(1)(a) for the purposes of his functions; Section 40(1)(b) for the purposes of any legal proceedings or any investigation or inquiry authorized by Government; or Section 40(1)(c) with the relevant consent, that is to say, in the case of information furnished in pursuance of a requirement imposed under section 32 , the consent of the person who furnished it, and, in any other case the consent of a person having responsibilities in relation to the premises where the information was obtained. Section 40(2) Subject to subsection (1), no occupational safety and health officer shall divulge to any person the source of any complaint bringing to his notice any defect or breach of any of the provisions of this Act, and shall give no information to any owner, or occupier that a visit or inspection of any workplace was made in consequence of the receipt of such complaint. Section 40(3) An occupational safety and health officer who contravenes the provisions of subsections (1) and (2) commits an offence.

Section 41. Indemnity of occupational safety and health officer Section No matter or thing done by an occupational safety and health officer shall if the matter or thing is done bona fide for the executing of the functions, powers or duties under this Act, render the officer personally liable for any action, claim or demand whatsoever.

Section 42. Safety and health advisor Section 42(1) Every safety and health advisor shall be issued with an annual certificate of authorization by the Director upon payment of the prescribed fee. Section 42(2)(a) his functions under this Act; or Section 42(2)(b) any legal proceedings, investigations or inquiry authorized under this Act. Section 42(3) A safety and health advisor who makes a report which is false or deficient in any material particular, or fails to send to the Director a copy of the report as required, commits an offence and on conviction shall be liable to a fine not exceeding one hundred thousand shillings or to imprisonment for a term not exceeding three months, or to both. Section 42(4) A safety and health advisor who contravenes subsection (2) commits an offence and shall on conviction be liable to a fine not exceeding one hundred thousand shillings.

Section 83. The handling, transportation and disposal of chemicals and other hazardous substances Section 83(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. Section 83(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. Section 83(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. Section 83(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.

Section 84. Material safety data sheets Section 84(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. Section 84(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. Section 84(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.

Section 85. Labelling and marking Section 85(1)(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 Section 85(1)(b) accompanied with instructions for the safe handling of the contents; and Section 85(1)(c) the measures to be taken in case of spillage or accidental exposure to persons employed. Section 85(2) For purposes of this section, labelling in accordance with the United Nations Labelling system shall be adequate. Section 85(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. Section 85(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. Section 85(5) It shall be the duty of an employer who has received chemicals for which chemical safety data...

Section 86. Classification of hazardous chemicals and substances Section 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;

Section 87. Corrosive substances Section adequate and readily accessible means for drenching with water or any other appropriate substance; and

Section 88. Exposure limits to hazardous substances Section The Cabinet Secretary may, after consultation with the Council, establish or adopt exposure limits on hazardous substances in the workplace so as to protect persons employed.

Section 89. Control of air pollution, noise and vibration Section 89(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. Section 89(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...

Section 90. Redeployment on medical advice Section Where work involves exposure to air pollution, noise or vibration or any other adverse working conditions, a medical practitioner may recommend redeployment if he is of the opinion that the employee cannot continue working in that environment.