Section 96 of Occupational Safety and Health Act CAP 236A: Permit to work
(1) An employer shall issue a permit to work to any employee, likely to be exposed to hazardous work processes or hazardous working environment, including such work processes as the maintenance and repair of boilers, dock work, confined spaces, and the maintenance of machinery and equipment, electrical energy installations, indicating the necessary precautions to be taken.
(2) In this section “permit to work” means a written notice, which sets out the work to be done, the hazards involved and the precautions to be taken before the work commences in order to secure the safety and health of the employee.
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- Section 97 - Work processes which may harm persons below eighteen years
Employer shall not allow a person below the apparent age of eighteen years to be employed at any workplace or work process, or perform work, which by its nature or the circumstances, in which it is...
- Section 98 - Supervision of apprentices and indentured learners
No person undergoing apprenticeship or indentured learnership shall be allowed to attend to any machinery, equipment, tools, plant or process unless adequate supervision and protection against...
- Section 99 - Training and supervision of inexperienced workers
(1) No person shall be employed at any machine or in any process, being a machine or process liable to cause ill health or bodily injury, unless he has been fully instructed as to the dangers likely...
- Section 100 - Meals in certain dangerous trades
No person shall be permitted to partake of food or drink where a poisonous or otherwise injurious substance is used so as to give rise to any dust or fume.
- Section 101 - Protective clothing and appliances
(1) Every employer shall provide and maintain for the use of employees in any workplace where employees are employed in any process involving exposure to wet or to any injurious or offensive...
- Section 102 - Protection of eyes in certain processes
(1) Every employer shall provide suitable goggles or effective screens to protect the eyes of person employed engaged in any of the processes specified in the Eighth Schedule.
(2) Every employer...
- Section 103 - Medical surveillance
(1) Where the Cabinet Secretary is satisfied that—
(a) cases of illness have occurred which he has reason to believe may be due to the nature of the process or other conditions of work;
(b) by...
- Section 104 - Premises where part of building is separate workplace
Where a part of a building is let off as a separate workplace, the provisions of this Act shall apply to that part of the building used for the purposes of the workplace.
- Section 105 - Premises in which steam boilers are used
(1) The provisions of this Act shall apply to any premises (not being premises forming part of a workplace) in which a steam boiler is used, as if the premises were a workplace and as if the person...
- Section 106 - Premises in which hoists or lifts are used
(1) The provisions of this Act shall apply to any premises (not being premises forming part of a workplace) in which a hoist or a lift is used, as if the premises were a workplace and as if the person...
- Section 107 - Platforms erected over water
(1) Every occupier or owner of a vessel or platform erected over water or in water shall ensure that adequate measures have been taken to protect the safety and health of persons employed on any...
- Section 108 - Offences
(1) In the event of any contravention in connexion with or in relation to a workplace of the provisions of this Act, the occupier, or if the contravention is one in respect of which the owner is by or...
- Section 109 - General penalty
(1) Any person who commits an offence under this Act for which no express penalty is provided shall on conviction be liable to a fine not exceeding three hundred thousand shillings or to imprisonment...
- Section 110 - Court may order cause of contravention to be remedied
(1) Where the occupier or owner of workplace is convicted of an offence under this Act, the court may, in addition to or instead of imposing any penalty, order him, within the time specified in the...
- Section 111 - Penalty in case of death or injury
If any person is killed, or dies, suffers any bodily injury, in consequence of the occupier or owner of a workplace having contravened any provision of this Act, the occupier or owner of the workplace...
- Section 112 - Forgery, false declaration, etc.
A person who—
(a) forges or counterfeits any certificate required by, under or for the purposes of this Act;
(b) gives or signs any certificate knowing it to be false in any material...
- Section 113 - Penalty on persons committing offence for which occupier is liable
Where an act or default for which an occupier or owner of a workplace is liable under this Act is in fact the act or default of an agent, servant, worker or other person, that agent, servant, worker...
- Section 114 - Exemption of occupier or owner on conviction of actual offender
(1) Where the occupier or owner of a workplace is charged with an offence under this Act, he shall be entitled, upon a charge duly made by him and on giving to the prosecution not less than three...
- Section 115 - Proceedings against persons other than occupiers or owners
Where, under this Act, any person is substituted for the occupier or owner of a workplace with respect to any provisions of this Act, any order, summons, notice or proceeding which, for the purpose of...
- Section 116 - Prosecution of offences
(1) All offences under this Act shall be prosecuted, and all fines under this Act shall be recovered in a magistrate’s court.
(2) In any proceedings under this Act, it shall be sufficient in the...
- Section 117 - Special provisions as to evidence
(1) If a person is found in a workplace at any time at which work is going on or the machinery is in motion, except during the intervals for meals or rest, he shall, until the contrary is proved, be...
- Section 118 - Service of documents
(1) Any document, including any summons or order, required or authorized to be served under this Act may be served—
(a) on any person, by delivering it to him, or by leaving it at, or sending it by...
- Section 119 - Power to modify agreements
If by reason of an agreement between the owner and the occupier of premises, the whole or any part of which has been let as a workplace, the owner or occupier is prevented from carrying out any...
- Section 120 - Power to apportion expenses
Where in any premises the whole or any part of which has been let as a workplace, any structural or other alterations are required in order to comply with the provisions of this Act, or in order to...
- Section 121 - Posting of abstract of Act, rules and notices
(1) There shall be kept posted in a prominent position in every workplace—
(a) the prescribed abstract of this Act;
(b) a notice of the address of the Director and of the area occupational safety...
- Section 122 - General register
(1) There shall be kept in every workplace a register, in the prescribed form, called the general register, and there shall be entered in or attached to that register—
(a) the certificate of...
- Section 123 - Preservation of registers and records
(1) The general register and every other register or record kept in pursuance of this Act shall be preserved and shall be kept available for inspection by any occupational safety and health officer...
- Section 124 - Return of persons employed
(1) The occupier of every workplace, to which any of the provisions of this Act apply, shall, if so required, by an order published in the Gazette, send to the Director, at such intervals and on or...
- Section 125 - Approval of plans of workplace premises
(1) No building shall be erected or converted for use as a workplace and no structural alteration and no extension shall be made to any existing workplace except in accordance with plans showing...
- Section 126 - Occupational Safety and Health Fund
(1) Notwithstanding section 26 of the Government Financial Management Act, No. 5 of 2004 (repealed), Parliament shall appropriate moneys necessary for the establishment of a fund to be known as the...
- Section 127 - Safety and health regulations
(1) The Cabinet Secretary may, in consultation with the Council, make regulations under this Act to— (a) prohibit exposure to hazard; or
(b) prescribe ways to prevent or minimise exposure to...
- Section 128 - Power to direct formal investigation of accidents and cases of disease
(1) The Cabinet Secretary may direct a formal investigation to be held into any accident occurring or case of disease contracted or suspected to have been contracted in a workplace, premises, place...
- Section 129 - Repeal and savings
(1) Subject to the provisions of subsection (2), the Factories and Other Places of Work Act is repealed.
(2) Notwithstanding the provisions of subsection (1)—
(a) anything done under the provisions...