Occupational Safety And Health Act Cap 236A in Kenya

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Search Results...

129 sections

• Section 92 of Occupational Safety and Health Act CAP 236A: 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 orderly condition. (2) The Director may, by certificate in writing, except from any of the...

  
  
• Section 93 of Occupational Safety and Health Act CAP 236A: 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 of Occupational Safety and Health Act CAP 236A: 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 any opportunities for resting which may occur in the course of his employment.

  
  
• Section 95 of Occupational Safety and Health Act CAP 236A: First-aid
  

  Every occupier shall provide and maintain so as to be readily accessible, a first-aid box or cupboard of the prescribed standard.

  
  
• 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,...

  
  
• Section 97 of Occupational Safety and Health Act CAP 236A: 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 carried out, is likely to harm the person’s safety or health.

  
  
• Section 98 of Occupational Safety and Health Act CAP 236A: 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 hazardous work conditions and environment is provided and maintained.

  
  
• Section 99 of Occupational Safety and Health Act CAP 236A: 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 to arise in connection therewith and the precautions to be observed, and— (a) has received...

  
  
• Section 100 of Occupational Safety and Health Act CAP 236A: 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 of Occupational Safety and Health Act CAP 236A: 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 substance, adequate, effective and suitable protective clothing and appliances, including, where necessary,...

  
  
• Section 102 of Occupational Safety and Health Act CAP 236A: 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 shall ensure that where in any workplace electric arc welding is carried on, effective provision is...

  
  
• Section 103 of Occupational Safety and Health Act CAP 236A: 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 reason of changes in any process or in the substances used in any process or, by reason of the...

  
  
• Section 104 of Occupational Safety and Health Act CAP 236A: 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 of Occupational Safety and Health Act CAP 236A: 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 having the actual use or occupation of the premises were the occupier of a workplace. (2) If at any...

  
  
• Section 106 of Occupational Safety and Health Act CAP 236A: 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 having the actual use or occupation of the premises were the occupier of a workplace. (2) If at...

  
  
• Section 107 of Occupational Safety and Health Act CAP 236A: 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 vessel or platform and shall at all times comply with the provisions of this Act. (2) The provisions of...

  
  
• Section 108 of Occupational Safety and Health Act CAP 236A: 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 under this Act made responsible, the owner of the workplace shall, subject to this Act be guilty of...

  
  
• Section 109 of Occupational Safety and Health Act CAP 236A: 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 for a term not exceeding three months or to both. (2) Where the contravention in respect of which a...

  
  
• Section 110 of Occupational Safety and Health Act CAP 236A: 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 order, to take such steps as may be specified to remedy the matters in respect of which the...

  
  
• 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...

  
  
• Section 112 of Occupational Safety and Health Act CAP 236A: 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 particular; (c) knowingly utters or makes use of, any forged, counterfeited or false certificate; (d) knowingly...

  
  
• Section 113 of Occupational Safety and Health Act CAP 236A: 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 or other person shall be deemed to have committed the offence and shall be liable to the like penalty...

  
  
• Section 114 of Occupational Safety and Health Act CAP 236A: 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 days’ notice in writing of his intention, to have any other person whom he charges as the actual...

  
  
• Section 115 of Occupational Safety and Health Act CAP 236A: 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 any of those provisions, is, by or under this Act, required or authorized to be served on or taken...

  
  
• Section 116 of Occupational Safety and Health Act CAP 236A: 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 charge or information to allege that the workplace is a workplace within the meaning of this Act and to...

  
  
• Section 117 of Occupational Safety and Health Act CAP 236A: 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 deemed for the purposes of this Act to have been then employed in the workplace: Provided that this...

  
  
• Section 118 of Occupational Safety and Health Act CAP 236A: 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 registered post to, his residence or place of business; (b) on any firm, by delivering it to any...

  
  
• Section 119 of Occupational Safety and Health Act CAP 236A: 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 structural or other alterations in the premises which are necessary to enable him to comply with the...

  
  
• Section 120 of Occupational Safety and Health Act CAP 236A: 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 conform with any standard or requirement imposed by or under this Act, and the owner or occupier, as...

  
  
• Section 121 of Occupational Safety and Health Act CAP 236A: 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 and health officer; (c) printed copies of any rules made under any provision of this Act which are...