Work Injury Benefits Act

Section 1. Short title Section This Act may be cited as the Work Injury Benefits Act.

Section 2. Interpretation Section In this Act, unless the context otherwise requires— "accident" means an accident arising out of and in the course and scope of an employee’s employment and resulting in personal injury; "Board" means the National Labour Board; "Cabinet Secretary" means the Cabinet Secretary for the time being responsible for labour matters; "capitalised value" means the total anticipated allowance over a certain period; "compensation" means compensation as provided for under this Act and includes medical aid and any benefit of any nature to which an employee or his dependants may be entitled to under this Act; "Council" means the National Council for Occupational Safety and Health; "dependant" means a person defined as a dependant in section 6 ; "Director" means the Director of Occupational Safety and Health Services; "earnings" means the remuneration of an employee at the time of the accident calculated in the manner set out in section 37 ; "employer" means a person defined as an employer in section 4 and includes a principal; "injury" means a personal injury and includes the contracting of a scheduled disease; "medical advisory panel" means a panel appointed from...

Section 3. Application Section This Act shall apply to all employees, including employees employed by the Government, other than the armed forces, in the same way and to the same extent as if the Government were a private employer.

Section 4. Meaning of employer Section 4(1)(a) the legal personal representative of a deceased employer; Section 4(1)(b) any person controlling the business of an employer; and Section 4(1)(c) the Government. Section 4(2) If the services of an employee are temporarily lent or let on hire to another person by an employer, the employer is deemed to continue to be the employer of the employee while the employee is working for that other person. Section 4(3) In the case of an employee employed by a club or an association of persons, the trustees of the club or association shall be deemed to be the employer. Section 4(4) For the purposes of the giving or receiving of statements, notices or other documents under this Act, the term "employer" includes the manager, or other duly authorized employee or agent of the employer.

Section 5. Meaning of "employee" Section 5(1) In this Act, "employee" means a person who has been employed for wages or a salary under a contract of service and includes an apprentice or indentured learner. Section 5(2) Subsection (1) applies irrespective of whether the contract is expressed or implied, is oral or in writing, and whether the remuneration is calculated by time or by work done and whether by the day, week, month or any longer period and whether the payment is in cash or recognised legal tender. Section 5(3)(a) a person whose employment is of a casual nature and who is employed otherwise than for the purposes of the employer’s trade or business; Section 5(3)(b) any person employed outside Kenya save as provided in section 11 of this Act; Section 5(3)(c) a member of the employer’s family dwelling in the employer’s house or cartilage thereof and not for the purpose of employment; or Section 5(3)(d) a member of the Defence Forces as defined in the Kenya Defence Forces Act (Cap. 199). Section 5(4) Any reference in this Act to an employee who has been injured shall, when the employee is dead, include a reference to the employee’s representative or dependants or to any othe...

Section 6. Meaning of dependant Section 6(1)(a) the widow or widower of an employee; Section 6(1)(b) a child of the employee who has not attained the age of eighteen years including a posthumous child, a stepchild and an adopted child, adopted prior to the accident, but excluding a child who is married or who is self-supporting; Section 6(1)(c) a parent, step-parent or an adoptive parent who adopted such employee if he adopted prior to the accident or death; Section 6(1)(d) a child of the employee not contemplated by paragraph (b); Section 6(1)(e) a brother, sister, half-brother, half-sister or parent, grandparent, or grandchild of an employee; and Section 6(1)(f) any other person who at the time of the accident was wholly dependent upon the employee for the necessaries of life. Section 6(2) In the case of an employee who leaves two or more widows, such widows shall be entitled to share such compensation as would be payable to a single widow of the deceased employee.

Section 7. Employer to be insured Section 7(1) Every employer shall obtain and maintain an insurance policy, with an insurer approved by the Cabinet Secretary in respect of any liability that the employer may incur under this Act to any of his employees. Section 7(2) The Cabinet Secretary may exempt from the provisions of subsection (1), an employer who provides and maintains in force a security which complies with the requirements of subsection (3), and any exemption under subsection (3) shall continue in force only so long as the security is maintained. Section 7(3) For the purposes of subsection (2), a security shall consist of an undertaking by a surety approved by the Cabinet Secretary to make good, subject to any conditions specified in the security, any failure by the employer to discharge any liability which the employer may incur under this Act to any of its employees up to an amount approved by the Cabinet Secretary. Section 7(4) Any employer who contravenes the provisions of subsection (1) 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. Sectio...

Section 8. Registration of employer Section 8(1)(a) register with the Director; Section 8(1)(b) furnish the Director with the prescribed particulars of their business; and Section 8(1)(c) within a period determined by the Director furnish additional particulars as the Director may require. Section 8(2) The particulars referred to in subsection (1) shall be furnished separately in respect of each business carried on by the employer. Section 8(3) An employer shall, within thirty days of any change in the particulars so furnished notify the Director of such change. Section 8(4) Where an employer carries on business in more than one workplace, or carries on more than one class of business, the Director may require the employer to register separately in respect of each place or class of business.

Section 9. Employer to keep records Section 9(1)(a) keep a register or other record of the earnings and other prescribed particulars of all employees; Section 9(1)(b) at all reasonable times produce the register or record on demand to the Director for inspection; and Section 9(1)(c) retain the register, record or reproduction referred to in paragraph (1)(a) for a period of at least six years after the date of the last entry in that register or record. Section 9(2) An employer who fails to comply with any provision of this section commits an offence. Section 9(3) Any employer registered under section 8 who ceases to carry on business for any reason, shall notify the Director before winding up the business. Section 9(4) An employer who keeps records of remuneration is deemed to keep records in accordance with this section.

Section 10. Right to compensation Section 10(1) An employee who is involved in an accident resulting in the employee’s disablement or death is subject to the provisions of this Act, and entitled to the benefits provided for under this Act. Section 10(2) An employer is liable to pay compensation in accordance with the provisions of this Act to an employee injured while at work. Section 10(3) An employee is not entitled to compensation if an accident, not resulting in serious disablement or death, is caused by the deliberate and wilful misconduct of the employee. Section 10(4)(a) in contravention of any law or any instructions by or on behalf of his employer; or Section 10(4)(b) without any instructions from his employer. Section 10(5) For the purposes of this Act, the conveyance of an employee to or from the employee’s place of employment for the purpose of the employee’s employment by means of a vehicle provided by the employer for the purpose of conveying employees is deemed to be in the course of the employee’s employment. Section 10(6) For the purposes of this section, an injury shall only be deemed to result in serious disablement if the employee suffers a degree of permanent d...

Section 11. Accident outside Kenya Section 11(1) If an employer carries on business chiefly in Kenya and an employee ordinarily employed in Kenya is injured in an accident while temporarily deployed outside Kenya, the employee is, subject to subsection (3), entitled to compensation as if the accident had happened in Kenya. Section 11(2) The compensation contemplated in subsection (1) shall be determined on the basis of the earnings the employee would have received if the employee had remained in Kenya. Section 11(3)(i) for a continuous period of twelve months or longer; or Section 11(3)(ii) for a shorter period, if the employment outside Kenya is expected to last for more than twelve months. Section 11(4) If an employee ordinarily employed outside Kenya by an employer that carries on business chiefly outside Kenya, is injured in an accident while temporarily deployed in Kenya, the employee is not to be entitled to compensation under this Act. Section 11(5) An employee deployed in Kenya for a continuous period of twelve months, shall be deemed to be ordinarily employed in Kenya.

Section 12. Accidents during training for or performance of emergency Services Section If an employee is injured in an occupational accident or contracts an occupational disease while the employee, with the consent of the employer, is engaged in any organized first aid, ambulance or rescue work, fire-fighting or other emergency service, the accident or disease is for the purposes of this Act, deemed to have arisen out of and in the course of the employee’s employment.

Section 13. Special circumstances in which Director may refuse award Section the employee at any time represented to the employer, knowing the information to be false, that he was not suffering from or had not previously suffered from a serious injury or occupational disease or any other serious disease, and such an accident or occupational disease was caused by, or the death resulted from or the disablement resulted from or was aggravated by, such injury or disease; or

Section 14. Special circumstances in which the Director may order compensation Section If in a claim for compensation under this Act it appears that the contract of service apprenticeship or learnership of the employee concerned is invalid, the Director may approve compensation for the claim as if the contract was valid at the time of the accident.

Section 15. Employee requiring constant assistance Section 15(1) If an injury in respect of which compensation is payable causes disablement of such a nature that the employee is unable to perform the essential functions of life without the constant assistance of another person, the Director shall grant an allowance in addition to any other benefit provided for under this Act, towards the cost of such help as may be required for a specified period, which allowance shall be reviewed from time to time. Section 15(2) The Director may, upon the application of the employee and on good cause shown by the applicant, revise any order made in accordance with subsection (1).

Section 16. Substitution of compensation for other legal remedies Section No action shall lie by an employee or any dependant of an employee for the recovery of damages in respect of any occupational accident or disease resulting in the disablement or death of such employee against such employee’s employer, and no liability for compensation on the part of such employer shall arise save under the provisions of this Act in respect of such disablement or death.

Section 17. Claims against third parties Section 17(1)(a) the employee may claim compensation in accordance with this Act and may also institute action for damages in a court against the third party; and Section 17(1)(b) the employer or insurer by whom compensation in respect of that accident or disease is payable may institute action in a court against the third party for the recovery of compensation that the employer or insurer, as the case may be, is obliged to pay under this Act. Section 17(2) In awarding damages in an action referred to in subsection (1)(a) the court shall have regard to the compensation paid in accordance with this Act. Section 17(3) In an action referred to in subsection (1)(b), the amount recoverable may not exceed the amount of damages, if any, which in the opinion of the court would have been awarded to the employee but for the provisions of this Act. Section 17(4) For the purposes of this section, compensation includes the cost of medical aid already incurred and any amount paid or payable in accordance with the provision of section 15 and, in the case of an allowance, the capitalized value of the allowance, irrespective of whether a lump sum is at any t...

Section 18. Threats and compulsion Section Any person who threatens an employee or in any manner compels or influences an employee to do something resulting in or directed at the deprivation of that employee’s right to benefits in terms in accordance with this Act commits an offence.

Section 19. Compensation not to be alienated Section 19(1)(a) assigned or pledged; Section 19(1)(b) capable of attachment or any form of execution under a judgment or order of a court of law; or Section 19(1)(c) set off against any debt of the person entitled to the compensation. Section 19(2) Any provision of an agreement in terms of which an employee assigns, purports to assign, relinquishes or purports to relinquish any right to benefits in accordance with this Act, shall be void.

Section 20. Compensation not to form part of deceased employee’s estate Section Compensation paid under this Act for the death of an employee shall not form part of the employee’s estate.

Section 21. Notice of accident by employee to employer Section Written or verbal notice of any accident provided for in section 22 which occurs during employment shall be given by or on behalf of the employee concerned to the employer and a copy of the written notice or a notice of the verbal notice shall be sent to the Director within twenty-four hours of its occurrence in the case of a fatal accident.

Section 22. Notice of injury or accident by employer to Director Section 22(1) Subject to the provisions of this section, an employer shall report an accident to the Director in the prescribed manner within seven days after having received notice of an accident or having learned that an employee has been injured in an accident. Section 22(2) For the purposes of this section, an accident includes any injury reported by an employee, to his employer, if the employee when reporting the injury, alleges that it arose out of and in the course of his employment and irrespective of the fact that the employer is of the opinion that the alleged accident did not so arise out of and in the course of employment. Section 22(3) An employer shall, at the request of an employee or the dependant of an employee, furnish the employee, or dependants with a copy of the notice of the accident furnished by the employer to the Director in respect of a claim for compensation by such employee or dependant. Section 22(4) An employer who fails to comply with subsection (1) commits an offence. Section 22(5) The provisions of this section do not prevent an employee from reporting an occupational accident or disea...

Section 23. Inquiry by Director Section 23(1) After having received notice of an accident or having learned that an employee has been injured in an accident the Director shall make such inquiries as are necessary to decide upon any claim or liability in accordance with this Act. Section 23(2) An inquiry made under subsection (1) may be conducted concurrently with any other investigation. Section 23(3) An employer or employee shall, at the request of the Director, furnish such further particulars regarding the accident as the Director may require. Section 23(4) A person who fails to comply with the provisions of subsection (3) commits an offence.

Section 24. Particulars in support of claim Section 24(1) An employee who is injured in an accident or his dependant, shall, when reporting the accident or thereafter at the request of the employer or Director, furnish such information and documents as may be prescribed or as the employer or Director may request. Section 24(2) An employer shall, within seven days after having received a claim, medical report or other document or information concerning such claim, submit the claim, report, document or information to the Director.

Section 25. Employee to submit to medical examination Section 25(1) An employee who claims compensation or to whom compensation has been paid or is payable, shall when required by the Director or the employer as the case may be, after reasonable notice, submit himself at the time and place mentioned in the notice to an examination by the medical practitioner designated by the Director or the employer with the approval of the Director. Section 25(2) If, in the opinion of any medical practitioner, an employee is not capable of travelling to be examined by the designated medical practitioner, the employee shall inform the party requiring the examination thereof or cause him to be so informed, and the designated medical practitioner shall then examine the employee at a time and place as agreed upon. Section 25(3) An employee shall be entitled at his own expense, to have a medical practitioner of his choice present at an examination by a designated medical practitioner.

Section 26. Claim for compensation Section 26(1) A claim for compensation in accordance with this Act shall be lodged by or on behalf of the claimant in the prescribed manner within twelve months after the date of the accident or, in the case of death, within twelve months after the date of death. Section 26(2) If a claim for compensation is not lodged in accordance with subsection (1), the claim for compensation may not be considered under this Act, except where the accident concerned has been reported in accordance with section 21 . Section 26(3)(a) conduct an investigation and recover the cost of the investigation from the employer as a debt due from the employer; or Section 26(3)(b) levy a penalty on the employer. Section 26(4) An employer or insurer against whom a claim for compensation is lodged by the Director under this section, shall settle the claim within ninety days of the lodging of the claim. Section 26(5) The Director shall, within thirty days of receipt of the money claimed under subsection (1), pay the money to the employee who made the claim or his dependants. Section 26(6) An employer or an insurer who fails to pay the compensation claimed under this subsection c...

Section 27. Lapse of right to benefits Section 27(1) A right to benefits in accordance with this Act shall lapse if the accident is not reported to the employer within twelve months after the date of such accident. Section 27(2) Notwithstanding the provisions of subsection (1), the failure to report an accident to an employer as required in subsection (1) is not a bar to compensation if it is proved that the employer had knowledge of the accident from any other source. Section 27(3)(a) the employer is not or would not be seriously prejudiced by such failure, error or inaccuracy if notice is then given or the error or inaccuracy is corrected; or Section 27(3)(b) if such failure, error or inaccuracy was unforeseeable or was caused by the employee’s absence from Kenya.

Section 53. Director Section 53(1) There shall be a Director of Work Injury Benefits who shall be responsible for the management of this Act. Section 53(2)(a) register employers; Section 53(2)(b) supervise the implementation of this Act; Section 53(2)(c) ensure that all employers insure their employees; Section 53(2)(d) receive reports of accidents and carry out investigations into such accidents; and Section 53(2)(e) ensure that employees who are injured are compensated in accordance with the provisions of this Act. Section 53(3) The Director of Work Injury Benefits shall be assisted in the performance of the functions, specified in subsection (1) by such other officers as are necessary, for the proper administration of the Act.

Section 54. False statements Section Any person who in connection with a claim for compensation in accordance with the provisions of this Act, or in any return, notice, report or statement to be given, made or furnished under this Act, makes or causes to be made any statement which is false in any material respect, knowing it to be false, commits an offence.

Section 55. General penalty Section A person convicted of an offence under this Act for which no other penalty is provided shall be liable to a fine not exceeding two hundred thousand shillings or to imprisonment for a term not exceeding one year or to both.

Section 56. Regulations Section 56(1)(a) prescribing procedure, forms and fees; Section 56(1)(b) prescribing anything which is to be or may be prescribed under this Act; and Section 56(1)(c) requiring employers and insurers carrying on in Kenya the business of insuring employers against their liabilities under this Act to make periodic or other returns as to such matters as the Cabinet Secretary may think fit, and prescribing a time limit for the making of such returns. Section 56(2)(a) fails to make such return within the time specified; Section 56(2)(b) makes or causes to be made a return which the person knows to be false in any material particular; or Section 56(2)(c) on being so required fails to give any information or explanation respecting the return which it is in the person powers to give; Section 56(3) Where a person convicted of an offence under this section is a company, the Chairperson, every director and every officer of the company shall be guilty of a like offence unless that person proves that the act or omission constituting the offence took place without the person’s knowledge or consent.

Section 58. Savings Section 58(1) Any regulation or other instrument made or issued under the Workmen’s Compensation Act and having effect before the commencement of this Act shall continue to have effect as if such regulation or other instrument were made or issued under this Act. Section 58(2) Any claim in respect of an accident or disease occurring before the commencement of this Act shall be deemed to have been lodged under this Act.

Section 28. Compensation for temporary total or partial disablement Section 28(1) An employee who suffers temporary total disablement due to an accident that incapacitates the employee for three days or longer is entitled to receive a periodical payment equivalent to the employees earnings, subject to the minimum and maximum amounts fixed by the Cabinet Secretary from time to time, after consultation with the Council. Section 28(2) Compensation for temporary partial disablement shall consist of a proportionate amount of the periodical payment calculated as specified in subsection (1). Section 28(3) Periodical payments shall be made for as long as the temporary disablement continues, but not for a period that exceeds twelve months. Section 28(4) An employee is not entitled to receive a periodical payment during any period in which the employee is receiving full pay, as provided for in the Employment Act, or any other law or contract of service. Section 28(5) The periodical payment of an employee who is receiving part payment of remuneration shall be reduced so that the employee does not receive more than the employee would otherwise have earned.

Section 29. Expiry of compensation for temporary total or partial disablement Section 29(1)(a) upon the termination of the disablement or if the employee resumes work; Section 29(1)(b) if the employee resumes any other work at the same or greater earnings; or Section 29(1)(c) if the employee is awarded compensation for permanent disablement. Section 29(2)(a) the disablement of the employee concerned recurs or the employer’s health deteriorates; or Section 29(2)(b) the employee receives further medical aid necessitating further absence from his employment, provided that such aid will reduce his disablement.

Section 30. Compensation for permanent disablement Section 30(1) Compensation for permanent disablement shall be calculated on the basis of ninety six months earnings subject to the minimum and maximum amounts determined by the Cabinet Secretary, after consultation with the Board, and set out in the Third Schedule. Section 30(2) If an employee has sustained an injury specified in the first column of the First Schedule, the employee shall for the purposes of this Act, be deemed to be permanently disabled to the degree set out in the second column of the First Schedule. Section 30(3) If an employee sustains an injury not specified in the First Schedule which leads to permanent disablement, the employee shall be paid such percentage of disablement in respect thereof as in the opinion of a medical doctor will not lead to a result contrary to the guidelines of the First Schedule. Section 30(4) If an injury or serious disablement contemplated in paragraph (a) or (b) has unusually serious consequences for an employee as a result of the special nature of the employee’s occupation, the Director may determine such higher percentage as the Director shall deem equitable. Section 30(5) No payme...

Section 31. Amendment of First Schedule Section the intention to amend the First Schedule and the proposed content of the amendment; and

Section 32. Compensation for permanent disablement of employee in training Section If as a result of an accident an employee sustains permanent disablement and at the time of the accident was an apprentice or in the process of being trained in any trade, occupation or profession, the earnings of the employee shall be calculated on the basis of the earnings to which an employee would normally have been entitled if at the time of the accident the employee had been performing the same work as a person in the same occupation, trade or profession with five years experience.

Section 33. Compensation to employee previously in receipt of compensation Section 33(1) In awarding compensation to an employee in respect of permanent disablement or in reviewing an award of compensation, the Director may take into account any compensation awarded to the employee in accordance with this Act or any other law, to the employee as a result of the permanent disablement. Section 33(2) If an employee has received compensation for permanent disablement in accordance with this Act and is subsequently injured in an accident resulting in further permanent disablement in respect of which compensation is payable in accordance with this Act, compensation in respect of such further permanent disablement shall be calculated, where applicable, on the basis of the earnings that the employee received at the time of any of the accidents concerned, whichever earnings are more favourable to the employee. Section 33(3) An employee shall not be paid compensation in respect of one or more accidents if it amounts to more than the compensation payable in respect of permanent total disablement.

Section 34. Amount of compensation in case of death Section 34(1) If an employee dies as a result of an injury caused by an accident, compensation shall be paid to the dependants of the employee in accordance with the provisions of the Third Schedule, subject to the maximum and minimum amount determined by the Cabinet Secretary after consultation with the Council. Section 34(2) No amount may be deducted from the compensation awarded under this section to a dependant in respect of any compensation awarded to the employee in respect of the same or any other accident. Section 34(3) For the purposes of this section, a dependant is deemed to have been wholly financially dependent upon the employee at the time of the accident, unless the contrary is proved. Section 34(4) In addition to the compensation payable under this section, the employer is liable to pay reasonable expenses for the funeral of the deceased employee subject to the maximum amount determined by the Cabinet Secretary, after consultation with the Council.

Section 35. Amendment of Third Schedule Section of the intention to amend and the proposed content of the amendment; and

Section 36. Payment of compensation Section 36(1)(a) paid to the employee or the dependant of an employee entitled thereto, or to any other person on behalf of such employee or dependant, in instalments or in such other manner as the Director may deem fit; Section 36(1)(b) invested or applied to the advantage of the employee or the dependants of an employee; Section 36(1)(c) paid to the Public Trustee to be applied for the benefit of the dependants of a deceased employee; or Section 36(1)(d) applied as specified in paragraphs (a), (b) and (c). Section 36(2) On the death of an employee the unpaid balance of any compensation awarded to the employee does not form part of the employee’s estate and shall be paid to the employee’s dependants as specified in the Third Schedule. Section 36(3) Where there is no dependant, the Director may authorise payment of the balance of the compensation to the estate of the deceased.

Section 37. Manner of calculating earnings Section 37(1)(a) the value of any rations, living quarters or both supplied by the employer to the employee to the date of the accident or report of disease; Section 37(1)(b) allowances paid regularly; and Section 37(1)(c) any overtime payment or other special remuneration of a regular nature or for work ordinarily performed, Section 37(1)(i) payment for intermittent overtime; Section 37(1)(ii) payment for non-recurrent occasional services; Section 37(1)(iii) amounts paid by an employer to an employee to cover any special expenses; and Section 37(1)(iv) ex-gratia payments whether by the employer or any other person. Section 37(2) If an employee’s remuneration is not consistent or is determined in accordance with a rate calculated on the basis of work performed, the employee’s earnings shall be calculated on the basis of average remuneration for similar work on the same conditions of remuneration for the period of twelve months prior to the accident. Section 37(3)(a) the employee with similar work at the same conditions of remuneration earned with another employer during the twelve months immediately prior to the accident; or Section 37(3)(...

Section 38. Compensation in respect of scheduled and unscheduled diseases Section 38(1)(a) contracts a disease specified in the Second Schedule that arose out of and in the course of the employee’s employment; or Section 38(1)(b) contracts any other disease that arose out of and in the course of the employee’s employment. Section 38(2) An employee who contracts a disease in the circumstances contemplated in subsection (1) is deemed to have contracted an occupational disease and is entitled to compensation as if the disablement caused by the disease had been caused by an accident. Section 38(3) If an employee who has contracted an occupational disease has also contracted a disease other than an occupational disease and the recovery of the employee is being delayed or the employee’s temporary total disablement is being prolonged by reason of that other disease, the employee is entitled to medical aid for that other disease. Section 38(4) If an employee has contracted an occupational disease resulting in permanent disablement and the disease is aggravated by another disease, a medical practitioner may, in determining the degree of permanent disablement have regard to that other diseas...

Section 39. Presumption regarding cause of occupational disease Section If an employee who has contracted an occupational disease specified in the Second Schedule was employed in any work mentioned in that Schedule in respect of that disease, it shall be presumed, unless the contrary is proved, that the disease arose out of and in the course of his employment.

Section 40. Calculation of compensation Section 40(1)(a) at the time of the commencement of the disease; or Section 40(1)(b) such earlier date as a medical practitioner may determine, if the employee was suffering from the disease at an earlier date, whichever earnings are more favourable to the employee. Section 40(2) If an employee is no longer in employment at the time of the commencement of the disease, the earnings shall be calculated on the basis of the earnings that the employee would have been earning had the employee still been working.

Section 41. Notice of occupational disease by employee and employer Section 41(1) An employee shall as soon as possible after the commencement of an occupational disease give written notice thereof to the employer or to the employer where the employee was last employed, and in the prescribed manner to the Director. Section 41(2) An employer shall, within fourteen days after receiving notice or learning of the employee occupational disease, report such disease, in the prescribed manner to the Director, irrespective of whether the employer may be of the opinion that the employee did not contract such disease in employment or contracted it in the employ of a previous employer. Section 41(3) An employer who fails to comply with the provisions of subsection (2) commits an offence.

Section 42. Date of occupational disease Section 42(1) For purposes of this Act, the commencement of an occupational disease is deemed to be the date on which a medical practitioner diagnosed that disease for the first time or such earlier date as the medical practitioner may determine if it is more favourable to the employee. Section 42(2) The provisions of this Act regarding an accident shall, where appropriate, apply mutatis mutandis to a disease referred to in subsection (1).

Section 43. Amendment of Second Schedule Section of the intention to amend the Second Schedule and the proposed content of the amendment; and

Section 44. Appointment of medical advisory panels Section 44(1)(a) assist with regard to the diagnosis of occupational diseases in individual cases; Section 44(1)(b) the inclusion of occupational diseases in the Second Schedule; and Section 44(1)(b)(i) the inclusion of occupational diseases in the Second Schedule; and Section 44(1)(b)(ii) general policy concerning the diagnosis of, and disablement as a result of, occupational diseases. Section 44(2) A member of a medical advisory panel shall be paid the prescribed remuneration, travelling and subsistence allowances out of the funds set aside for that purpose by Parliament. Section 44(3) The Director shall designate a member of a medical advisory panel as Chairperson of the panel. Section 44(4) The members of a medical advisory panel shall hold office for such period and on such terms as the Director, after consultation with the Cabinet Secretary may determine. Section 44(5) The Director may, at any time after consultation with the Council, terminate the appointment of any member of a medical advisory panel who has been guilty of misconduct or neglect of duty, or is not able to perform his functions in accordance with the provision...

Section 45. First Aid Section 45(1) An employer shall provide and maintain such appliances and services for the rendering of first aid to his employees in case of any accident as may be prescribed in any other written law in respect of the trade or business in which the employer is engaged. Section 45(2) Any employer who fails to comply with the provisions of subsection (1) commits an offence. Section 45(3) The Cabinet Secretary may, after consultation with the Council, by notice in the Gazette exempt an employer or class of employers from application of this section.