Section 1 of Occupational Safety and Health Act CAP 236A: Short title
This Act may be cited as the Occupational Safety and Health Act.
Occupational Safety and Health Act CAP 236A in Kenya
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129 resultsSection 2 of Occupational Safety and Health Act CAP 236A: Interpretation
In this Act, unless the context otherwise requires— “air pollution” means air contaminated by substances whatever their physical state, which are harmful to health or otherwise dangerous; “article for use at work” means— (a) any plant designed for use or operation (whether exclusively or not) by per…
Section 3 of Occupational Safety and Health Act CAP 236A: Application of Act
(1) This Act shall apply to all workplaces where any person is at work, whether temporarily or permanently. (2) The purpose of this Act is to— (a) secure the safety, health and welfare of persons at work; and (b) protect persons other than persons at work against risks to safety and health arising o…
Section 4 of Occupational Safety and Health Act CAP 236A: Approval of codes of practice by Director
(1) For the purpose of providing practical guidance with respect to any provision of this Act and of safety and health regulations, the Director shall, in consultation with the Council, approve and issue codes of practice which are in his opinion suitable for that purpose. (2) The Director shall, in…
Section 5 of Occupational Safety and Health Act CAP 236A: Use of approved codes of practice in criminal proceedings
(1) Failure on the part of any person to observe any provision of an approved code of practice shall not render that person liable to any civil or criminal proceedings; but where in any criminal proceedings a party is alleged to have committed an offence by reason of a contravention of any requireme…
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…
Section 7 of Occupational Safety and Health Act CAP 236A: Duty to prepare a safety and health policy statement
(1) Except in such cases as may be prescribed, it is the duty of every occupier to— (a) prepare and, as often as may be appropriate, revise a written statement of his general policy with respect to the safety and health at work of his employees and the organisation and arrangements for the time bein…
Section 8 of Occupational Safety and Health Act CAP 236A: Discrimination against employee, etc.
(1) An occupier shall not dismiss an employee, injure the employee or discriminate against or disadvantage an employee in respect of the employee’s employment, or alter the employee’s position to the detriment of the employee by reason only that the employee— (a) makes a complaint about a matter whi…
Section 9 of Occupational Safety and Health Act CAP 236A: Safety and health committees
(1) Every occupier shall establish a safety and health committee at the workplace in accordance with regulations prescribed by the Cabinet Secretary if— (a) there are twenty or more persons employed at the workplace; or (b) the Director directs the establishment of such a committee at any other work…
Section 10 of Occupational Safety and Health Act CAP 236A: Duty not to charge employees for things done or provided
(1) An employer shall not make any deduction from an employee’s remuneration or levy, or permit to be levied on any of his employees any charge in respect of anything done or provided in pursuance of this Act or any regulation made there under. (2) An employer who contravenes the provisions of subse…
Section 11 of Occupational Safety and Health Act CAP 236A: Safety and health audits
(1) The occupier of a workplace shall cause a thorough safety and health audit of his workplace to be carried out at least once in every period of twelve months by a safety and health advisor, who shall issue a report of such an audit containing the prescribed particulars to the occupier on payment…
Section 12 of Occupational Safety and Health Act CAP 236A: Duties of self-employed persons
(1) Every self-employed person shall— (a) take all necessary precautions to ensure his own safety and health and that of any other person in his workplace or within the environs of his workplace; (b) at all times use appropriate safe systems of work, preventive and control measures and where not fea…
Section 13 of Occupational Safety and Health Act CAP 236A: Duties of employee
(1) Every employee shall, while at the workplace— (a) ensure his own safety and health and that of other persons who may be affected by his acts or omissions at the workplace; (b) co-operate with his employer or any other person in the discharge of any duty or requirement imposed on the employer or…
Section 14 of Occupational Safety and Health Act CAP 236A: Duty to report any dangerous situation
(1) Every employee shall report to the immediate supervisor any situation which the employee has reasonable grounds to believe presents an imminent or serious danger to the safety or health of that employee or of other employees in the same premises, and until the occupier has taken remedial action,…
Section 15 of Occupational Safety and Health Act CAP 236A: Duty not to interfere with or misuse things provided pursuant to certain provisions
A person who wilfully interferes with or misuses any means, appliance, convenience or other thing provided or done in the interests of safety, health and welfare in pursuance of this Act commits an offence and shall, on conviction, be liable to a fine not exceeding one hundred thousand shillings or…
Section 16 of Occupational Safety and Health Act CAP 236A: Prohibition against creation of hazards
(1) No person shall engage in any improper activity or behaviour at the workplace, which might create or constitute a hazard to that person or any other person. (2) For the purposes of this section, improper activity or behaviour includes boisterous play, scuffling, fighting, practical jokes, unnece…
Section 17 of Occupational Safety and Health Act CAP 236A: General duties of occupier and self-employed to persons other than their employees
(1) Every occupier shall conduct his undertaking in such a manner as to ensure, that a person who is not his employee who may be affected thereby is not exposed to risks to safety or health. (2) Every self-employed person shall conduct his undertaking in such a way as to ensure that he and any other…
Section 18 of Occupational Safety and Health Act CAP 236A: Duties of an occupier of a place of work to persons other than his employees
(1) An occupier of non-domestic premises which have been made available to persons, not being his employees, as a place of work, or as a place where the employees may use a plant or substance provided for their use there, shall take such measures as are practicable to ensure that the premises, all m…
Section 19 of Occupational Safety and Health Act CAP 236A: General duty of persons in control of certain premises in relation to harmful emissions into atmosphere
(1) An occupier of any premises likely to emit poisonous, harmful, injurious or offensive substances, into the atmosphere shall use the best practicable means to— (a) prevent such emissions into the atmosphere; and (b) render harmless and inoffensive the substances which may be emitted. (2) The refe…
Section 20 of Occupational Safety and Health Act CAP 236A: Duties of designers, manufacturers, importers, etc., with regard to articles and substances for use at work
(1) A person who designs, manufactures, imports or supplies any article for use at work shall— (a) ensure, that the article is so designed and constructed as to be safe and without risks to health when properly used; (b) carry out, or arrange for the carrying out of such testing and examination as m…
Section 21 of Occupational Safety and Health Act CAP 236A: Notice of accidents and dangerous occurrences
(1) An employer or self-employed person shall notify the area occupational safety and health officer of any accident, dangerous occurrence, or occupational poisoning which has occurred at the workplace. (2) Where an accident in a workplace causes the death of a person therein, the employer or self e…
Section 22 of Occupational Safety and Health Act CAP 236A: Notification of occupational diseases
(1) A medical practitioner attending a patient who he believes to be suffering from any disease specified in the Second Schedule, contracted in any workplace, shall within seven days of attending the patient unless such a notice has been previously sent, send to the Director, a notice stating the na…
Section 23 of Occupational Safety and Health Act CAP 236A: The Director
(1) There shall be a Director of Occupational Safety and Health Services who shall be responsible for the administration of this Act. (2) The Director shall be— (a) an ex officio member of the Council but shall have no right to vote; and (b) the secretary of the Council. (3) The Director shall ensur…
Section 24 of Occupational Safety and Health Act CAP 236A: Research and related activities
(1) The Director shall conduct directly or in collaboration with other persons or bodies, research, experiments and demonstrations relating to occupational safety and health, including studies of psychological factors involved, and relating to innovative methods, techniques and approaches of dealing…
Section 25 of Occupational Safety and Health Act CAP 236A: Collection of occupation safety and health statistics
In order to further the purposes of this Act, the Director shall develop and maintain an effective programme of collection, compilation and analysis of occupational safety and health statistics which shall cover work injuries and illnesses including all disabling, serious, or significant injuries an…
Section 26 of Occupational Safety and Health Act CAP 236A: Appointment of occupational safety and health officers
(1) There shall be such senior deputy directors, deputy directors, assistant directors and occupational safety and health officers and such other officers as may be necessary, for the purposes of this Act. (2) No person shall be appointed under subsection (1) unless that person is the holder of a de…
Section 27 of Occupational Safety and Health Act CAP 236A: Establishment of the National Council for Occupational Safety and Health
(1) There shall be a National Council for Occupational Safety and Health which shall advise the Cabinet Secretary on— (a) the formulation and development of national occupational safety and health, policy framework; (b) legislative proposals on occupational safety and health, including ways and mean…
Section 28 of Occupational Safety and Health Act CAP 236A: Membership of the Council
(1) The Council shall consist of a Chairperson and the members specified in subsection (2) who shall be appointed by the Cabinet Secretary by notice in the Gazette. (2) The members of the Council shall be— (a) one representative from each of the following Ministries— (i) health; (ii) agriculture; (i…
Section 29 of Occupational Safety and Health Act CAP 236A: Annual report
As soon as practical, but within three months after the end of each financial year, the Council shall prepare and give to the Cabinet Secretary a report on the Council’s operations for the year.
Section 30 of Occupational Safety and Health Act CAP 236A: Technical advisory committee
(1) The Director may from time to time constitute a technical advisory committee. (2) A technical advisory committee shall consist of the Director as Chairperson and not less than five other members from relevant occupational safety and health disciplines.