Section 44 of Occupational Safety and Health Act CAP 236A: Registration of workplaces
(1) Before any person occupies or uses any premises 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(4) All workplaces which were registered under the Factories and Other Places of Work Act (Repealed) shall be deemed to have been registered under this Act.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 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 Cabinet Secretary under section 46.
(10) The Cabinet Secretary 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.
(11) Where a person who occupies or uses any premises as a workplace has less than one hundred employees, the provisions of this section shall not apply for the first twelve months from the date of the registration of the business.
(12) The Cabinet Secretary may, through regulations, exempt certain premises from the application of subsection (11).
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- Section 45 - Exceptions to registration
(1) The Cabinet Secretary may, after consultation with the Council, by notice in the Gazette, except some classes of workplaces from the requirements of section 44.
(2) The Cabinet Secretary may only...
- Section 46 - Appeals
(1) The Cabinet Secretary shall appoint appeal committees for the purpose of considering any appeal made under sections 36, 37 and 44.
(2) An appeal committee shall consist of a Chairperson to be...
- Section 47 - Cleanliness
(1) Every workplace shall be kept in a clean state, and free from effluvia arising from any drain, sanitary convenience or nuisance, and, without prejudice to the generality of subsection...
- Section 48 - Overcrowding
(1) An occupier shall ensure that his workplace shall not, while work is carried on, be so overcrowded as to cause risk of injury to the health of the persons employed therein.
(2) Without prejudice...
- Section 49 - Ventilation
(1) An occupier shall ensure that effective and suitable provision is made for securing and maintaining, by the circulation of fresh air in each workroom, the adequate ventilation of the...
- Section 50 - Lighting
(1) An occupier shall ensure that effective provision is made for securing and maintaining sufficient and suitable lighting, whether natural or artificial, in every part of his workplace in which...
- Section 51 - Drainage of floors
Where any process is carried on which renders the floor liable to be wet to such an extent that the wet is capable of being removed by drainage, effective means shall be provided and maintained for...
- Section 52 - Sanitary conveniences
(1) Sufficient and suitable sanitary conveniences for the persons employed in the workplace shall be provided, maintained and kept clean, and effective provision shall be made for lighting the...
- Section 53 - Enforcement of section 52 by local authorities
The provisions of section 52 and of any rules made thereunder shall, in such areas as the Cabinet Secretary may by notice in the Gazette direct, be enforced by the local authority.
- Section 54 - Duty of occupational safety and health officer as to sanitary defects remediable by local authority
Where an occupational safety and health officer finds any act or default in relation to any drain, sanitary convenience, water supply, nuisance or other matter in a workplace which is liable to be...
- Section 55 - Safe use of plant, machinery and equipment
All plant, machinery and equipment whether fixed or mobile for use either at the workplace or as a workplace, shall only be used for work which they are designed for and be operated by a competent...
- Section 56 - Prime movers
(1) Every flywheel directly connected to any prime mover and every moving part of any prime mover, except prime mover referred to in subsection (3), shall be securely fenced, whether the flywheel or...
- Section 57 - Transmission machinery
(1) Every part of transmission machinery shall be securely fenced.
(2) Efficient devices or appliances shall be provided and maintained in every room or place where work is carried on by which the...
- Section 58 - Other machinery
(1) Every dangerous part of any machinery, other than prime movers and transmission machinery shall be securely fenced:
Provided that, in so far as the safety of a dangerous part of any machinery...
- Section 59 - Hand-held and portable power tools and equipments
(1) Every employer shall—
(a) be responsible for the safe condition of tools and equipment used by his employees, including tools and equipment which may be furnished by the employees;
(b) ensure...
- Section 60 - Construction and maintenance of fencing
All fencing or other safeguards provided in pursuance of the provisions of this Part shall be of substantial construction, constantly maintained and kept in position while the parts required to be...
- Section 61 - Construction and disposal of new machinery
(1) Where any machine in a workplace is a machine intended to be driven by mechanical power—
(a) every set-screw, bolt or key on any revolving shaft spindle, wheel or pinion shall be so sunk, encased...
- Section 62 - Self-acting machines
(1) No traversing part of any self-acting machine and no material carried thereon shall, if the space over which it runs is a space over which any person is liable to pass, whether in the course of...
- Section 63 - Hoists and lifts
(1) Every hoist or lift shall be of good mechanical construction, sound material and adequate strength, free from patent defect and be properly maintained.
(2) Every hoist or lift shall be thoroughly...
- Section 64 - Chains, ropes and lifting tackle
(1) The following provisions shall be complied with respect to every chain, rope or lifting tackle used for the purpose of raising or lowering persons, goods or materials—
(a) no chain, rope or...
- Section 65 - Cranes and other lifting machines
(1) All parts and working gear whether fixed or movable, including the anchoring and fixing appliances, of every lifting machine shall be of good construction, sound material, adequate strength and...
- Section 66 - Register of chains, ropes and lifting tackle and lifting machines
A register, containing the particulars set out in the Sixth Schedule, shall be kept in every workplace with respect to all chains, ropes or lifting tackle except fibre rope slings, to which section 64...
- Section 67 - Steam boilers
(1) Every steam boiler and all its fittings and attachments shall be of good construction, sound material, adequate strength and free from patent defect, and shall be properly maintained.
(2) Every...
- Section 68 - Steam receivers and steam containers
(1) Every steam receiver and all its fittings shall be of good construction, sound material, adequate strength, and free from patent defect, and shall be properly maintained.
(2) Every steam...
- Section 69 - Air receivers
(1) Every air receiver shall—
(a) have marked upon it, so as to be plainly visible, the safe working pressure;
(b) in the case of a receiver connected with an air compressing plant either be so...
- Section 70 - Cylinders for compressed, liquefied and dissolved gases
(1) Every cylinder for compressed, liquefied and dissolved gases, and its fittings, shall be—
(a) so designed as to be suitable for the particular circumstances of their use; and
(b) of sufficient...
- Section 71 - Refrigeration plants
(1) Every refrigeration plant capable of being entered by an employee shall—
(a) have all control valves situated outside the cold storage room; and
(b) have all doors of the cold storage room...
- Section 72 - Examination and testing of plants
Any person who, for the purposes of this Part, desires that 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...
- Section 73 - Vessels containing dangerous liquids
(1) Every fixed vessel, structure, sump or pit of which the edge is less than one metre above the adjoining ground or platform shall, if it contains any scalding, corrosive or poisonous liquid, either...
- Section 74 - Storage
(1) All goods, articles and substances stored in a workplace shall be stored or stacked—
(a) in such manner as will ensure their stability and prevent any fall or collapse of the stack;
(b) in such...
- Section 75 - Ladders
(1) Every ladder to be issued in a workplace shall be of good construction, sound material, adequate strength and suitable for the purpose for which it is used and shall be properly...
- Section 76 - Ergonomics at the workplace
(1) Machinery, equipment, personal protective equipment, appliances and hand tools used in all workplaces shall comply with the prescribed safety and health standards and be appropriately installed,...
- Section 77 - Safe means of access and safe place of employment
(1) All floors, steps, stairs, passages and gangways in a workplace shall be of sound construction and be properly maintained.
(2) All openings in floors shall be securely fenced, except in so far as...
- Section 78 - Fire prevention
(1) All stocks of highly inflammable substances shall be kept either in a fire-resisting store or in a safe place outside any occupied building:
Provided that no such store shall be so situated as to...
- Section 79 - Precautions in places where dangerous fumes likely
(1) Where work has to be done inside any chamber, tank, vat, pit or other confined space, in which dangerous fumes are liable to be present—
(a) the confined space shall be provided with adequate...
- Section 80 - Precautions with respect to explosive or inflammable dust or gas
(1) Where, in connection with any grinding, sieving or other process giving rise to dust, there may escape into any workroom, dust of such a character and to such an extent as to be liable to explode...
- Section 81 - Safety provisions in case of fire
(1) In every workplace or workroom there shall be—
(a) provided and maintained, and conspicuously displayed and free from any obstruction so as to be readily accessible, means for extinguishing fire,...
- Section 82 - Evacuation procedures
(1) Every occupier of a workplace shall design evacuation procedures to be used during any emergency and have the procedures tested at regular intervals.
(2) Every occupier shall take immediate steps...
- Section 83 - The handling, transportation and disposal of chemicals and other hazardous substances
(1) The Director shall, after consulting the Council, establish safety and health requirements based on risk assessments, technical standards and medical opinion, for the safe handling and...
- Section 84 - Material safety data sheets
(1) Every manufacturer, importer, supplier or distributor of chemicals shall make available to employers, material safety data sheets for chemicals and other hazardous substances, containing detailed...
- Section 85 - Labelling and marking
(1) Every supplier of hazardous substances, whether as manufacturer, importer or distributor of hazardous substances shall ensure that containers filled with hazardous substances, are—
(a) plainly...
- Section 86 - Classification of hazardous chemicals and substances
Every supplier of chemicals whether as a manufacturer, importer or distributor shall ensure that all chemicals are—
(a) classified according to their characteristics, properties such as toxicity,...
- Section 87 - Corrosive substances
Where corrosive substances are used and there is danger of an employee being splashed thereby, the employer shall provide for use by an employee in case of an emergency—
(a) adequate and readily...
- Section 88 - Exposure limits to hazardous substances
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
(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...
- Section 90 - Redeployment on medical advice
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...
- Section 91 - Supply of drinking water
(1) Every occupier shall provide and maintain an adequate supply of wholesome drinking water at suitable points conveniently accessible to all persons employed.
(2) A supply of drinking water which...
- Section 92 - Washing facilities
(1) Every occupier shall provide and maintain for the use of persons employed, adequate and suitable facilities for washing, which shall be conveniently accessible and shall be kept in a clean and...
- Section 93 - Accommodation for clothing
Every occupier shall provide and maintain for the use of a person employed, adequate and suitable accommodation for clothing not worn during working hours.
- Section 94 - Facilities for sitting
Every occupier shall provide and maintain, for the use of a person employed whose work is done standing, suitable facilities for sitting, sufficient to enable the person employed to take advantage of...