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Section 6 of Occupational Safety and Health Act CAP 236A: Duties of occupiers

    

(1) Every occupier shall ensure the safety, health and welfare at work of all persons working in his workplace.
(2) Without prejudice to the generality of an occupier’s duty under subsection (1), the duty of the occupier includes—
(a) the provision and maintenance of plant and systems and procedures of work that are safe and without risks to health;
(b) arrangements for ensuring safety and absence of risks to health in connection with the use, handling, storage and transport of articles and substances;
(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;
(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;
(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;
(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 processes 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.

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