Section 111 of Occupational Safety and Health Act CAP 236A: 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 shall, without prejudice to any other penalty, be liable to a fine not exceeding one million shillings or, to imprisonment for a term not exceeding twelve months; and the whole or any part of the fine may be applied for the benefit of the injured person or his family or otherwise as the Cabinet Secretary may determine: Provided that—
(i) in the case of injury to health, the occupier or owner shall not be liable to a penalty under this section unless the injury was caused directly by the contravention; and
(ii) the occupier or owner shall not be liable to a penalty under this section if a charge against him under this Act in respect of the act or default by which the death or injury was caused has been heard and dismissed before the death or injury occurred.
Enhance Your Research with Bookmarks and Annotations
Here's how you can use these features:
- To bookmark this page, click the "Bookmark this Page" button below the document title.
- To add an annotation, highlight text in the document and select "Add Annotation" from the toolbar that appears.
- These features are great for organizing your research and keeping track of key information.
- You can view and manage your bookmarks and annotations on your Bookmarks and Annotations page.
- 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...