Section 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 persons at a workplace; and (b) any article designed for use as a component in such plant;
“biological monitoring” means a planned programme of periodic collection and analysis of body fluid, tissues, excreta or exhaled air in order to detect and quantify the exposure to or absorption of any substance or organism by persons; “bodily injury” includes injury to health;
“Cabinet Secretary” means the Cabinet Secretary for the time being responsible for labour matters;
“class or description” in relation to workplaces, includes a group of workplaces described by reference to a locality;
“code of practice” includes a standard, a specification and any other documentary form of practical guidance;
“competent person” in relation to any duty or function, means a person who has adequate training, relevant qualifications and experience to enable him to perform that duty or function;
“Council” means the National Council for Occupational Safety and Health established under section 27;
“court” means a magistrate’s court;
“Director” means the Director of Occupational Safety and Health Services appointed under section 23;
“driving belt” includes any driving strap or rope;
“employee” means a person who works under a contract of employment and related expressions shall be construed accordingly;
“exposure” means the amount of a workplace agent that has reached an individual worker (external dose) or has been absorbed into the individual worker (absorbed dose);
“fume” includes gas or vapour;
“general register” means the register kept in a workplace as required under section 122;
“highly flammable liquid” means any liquid, liquid solution, emulsion or suspension which gives off a flammable vapour at a temperature of less than 32 degrees centigrade; “improvement notice” means a notice issued under section 36 of this Act;
“machinery” means any article or combination of articles assembled, arranged or connected and which is used or intended to be used for converting any form of energy to performing work, or which is used or intended to be used, whether incidental thereto or not, for developing, receiving, storing, containing, confining, transforming, transmitting, transferring or controlling any form of energy;
“maintained” means maintained in an efficient state, in an efficient working order and in good repair;
“major hazard installation” means an installation—
(a) where more than the prescribed quantity of any substance is or may be kept, whether permanently or temporarily; or
(b) where any substance is produced, processed, used, handled or stored in such a form that it has the potential to cause a major incident;
“major incident” means an occurrence of catastrophic proportions resulting from the use of plant or machinery or from activities at a workplace;
“medical surveillance” means a planned programme of periodic examination, which may include clinical examinations, biological monitoring or medical tests of persons employed by a designated health practitioner or by an occupational medical practitioner;
“noise” means all sound energy, which can result in hearing impairment or be harmful to health or otherwise dangerous;
“occupational hygiene” means the anticipation, recognition, evaluation, monitoring and control of conditions arising in or from the workplace, which may cause illness or adverse health effects to persons;
“occupational safety and health officer” means any officer appointed under section 26 and includes the Director appointed under section 23;
“occupier” means the person or persons in actual occupation of a workplace, whether as the owner or not and includes an employer;
“owner” means the person for the time being receiving the rents or profits of premises whether on his own account or as agent or trustee of another person, or who would receive the rents and profits if the premises were leased;
“plant” includes any equipment, gear, machinery, apparatus or appliance or any part thereof;
“premises” includes any place and, in particular includes—
(a) any vehicle, vessel aircraft or hovercraft;
(b) any installation on land including the foreshore and land intermittently covered by water, any offshore installation or any other installation whether floating, or resting on seabed or the subsoil thereof, or resting on other land covered with water or the subsoil thereof;
(c) any tent or movable structure;
“prime mover” means every engine, motor or other appliance which provides mechanical energy derived from steam, water, wind, electricity, the combustion of fuel or other source;
“process” includes the use of any locomotive;
“prohibition notice” means a notice issued under section 37;
“risk” means the probability of occurrence of an adverse effect from a substance on people or the environment combined with the magnitude of the consequence of that adverse effect;
“safety and health advisor” means any person who holds a minimum qualification of a certificate in occupational safety and health from a recognised institution and has at least five years proven practical experience in that field;
“sanitary conveniences” includes urinals, water-closets, earth-closets, privies, ash pits and any similar convenience;
“self-employed person” means an individual who works for gain or reward other-wise than under a contract of employment, whether or not he employs others;
“steam boiler” means any closed vessel in which for any purpose, steam is generated under pressure greater than atmospheric pressure, and includes any economizer used to heat water being fed to any such vessel, and any superheated used for heating steam;
“substance” means any natural or artificial matter or material whether in solid or liquid form or in the form of a gas or vapour;
“supplier” means a person who provides articles or substances by way of sale, lease, hire or hire-purchase, whether as principal or agent;
“transmission machinery” means every shaft, wheel, drum, pulley, system of fast and loose pulleys, coupling, clutch, driving-belt or other devices by which the motion of a prime mover is transmitted to or received by any machine or appliance;
“user” in relation to plant or machinery, means the person who uses plant or machinery for his own benefit or who has the right of control over the use of plant or machinery, but does not include a leaser of, or any person employed in connection with, that plant or machinery;
“vibration” means mechanical energy transmitted to a person’s body from a source of oscillations and is harmful to health or otherwise dangerous;
“workplace” includes, any land, premises, location, vessel or thing, at, in, upon, or near which, a worker is, in the course of employment;
“workroom” means any room or cubicle in which work is done by persons employed.

Disclaimer: This document is not to be taken as legal advice.

🧑‍⚖️ Manage Your Law Firm Better with SheriaPlex LPMS

Our powerful Legal Practice Management System is designed specifically for law firms in Kenya. Track cases, manage clients, generate invoices, handle tasks, and more — all in one secure, cloud-based platform.

📁 Case & Matter Management
💼 Client Profiles & Billing
🧾 Invoicing & Payment Tracking
📊 Analytics Dashboard
🔒 Secure & Multi-User Access

Learn More

Cited By:

More Sections

Section 3 - 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...

Section 4 - 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...

Section 5 - 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...

Section 6 - 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...

Section 7 - 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...

Section 8 - 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...

Section 9 - 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...

Section 10 - 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...

Section 11 - 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...

Section 12 - 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...

Section 13 - 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...

Section 14 - 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...

Section 15 - 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...

Section 16 - 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,...

Section 17 - 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...

Section 18 - 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...

Section 19 - 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...

Section 20 - 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...

Section 21 - 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...

Section 22 - 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...

Section 23 - 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...

Section 24 - 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...

Section 25 - 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...

Section 26 - 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...

Section 27 - 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,...

Section 28 - 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...

Section 29 - 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 - 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...

Section 31 - Functions of the technical advisory committee

(1) A technical advisory committee shall— (a) approve persons for purposes of this Act; (b) approve institutions or firms to carry out laboratory tests and analysis of substances and articles for use...

Section 32 - Powers of an occupational safety and health officer

(1) An occupational safety and health officer shall, for the purpose of the execution of this Act, have power to do all or any of the following things— (a) to enter, inspect and examine, by day or by...

Section 33 - Power of occupational safety and health officer to conduct proceedings

(1) An occupational safety and health officer may, although he is not an advocate, prosecute, conduct or defend before a magistrate’s court any charge, information, complaint or other proceeding...

Section 34 - Power to take samples

(1) An occupational safety and health officer may at any time, after informing the occupier or, if the occupier is not readily available, a foreman or other responsible person in the workplace, take...

Section 35 - Power to deal with cause of imminent danger

(1) Where, in the case of any article or substance found by him in any premises which he has power to enter, an occupational safety and health officer has reasonable cause to believe that, in the...

Section 36 - Improvement notices

If an occupational safety and health officer is of the opinion that a person— (a) is contravening any of the provisions of this Act or rules made thereunder; or (b) has contravened one or more of...

Section 37 - Prohibition notices

(1) This section applies to any activities which are being or are about to be carried on by or under the control of any person, being activities to or in relation to which this Act or the rules made...

Section 38 - Appeal against improvement or prohibition notice

(1) In this section “notice” means an improvement notice or a prohibition notice. (2) A person to whom an improvement or a prohibition notice is issued under section 36 or 37 shall comply with the...

Section 39 - Provisions on prohibition notices and improvement notices

(1) In this section “a notice” means an improvement notice or prohibition notice. (2) A notice may but need not, include directions as to the measures to be taken to remedy any contravention or...

Section 40 - Occupational safety and health officer not to disclose information or source of complaints

(1) An occupational safety and health officer shall not disclose any information obtained by him in the course of his duties and the exercise of any of the powers conferred by section 32 (including in...

Section 41 - Indemnity of occupational safety and health officer

No matter or thing done by an occupational safety and health officer shall if the matter or thing is done bona fide for the executing of the functions, powers or duties under this Act, render the...

Section 42 - Safety and health advisor

(1) Every safety and health advisor shall be issued with an annual certificate of authorization by the Director upon payment of the prescribed fee. (2) A safety and health advisor shall not disclose...

Section 43 - Register of workplaces

The Director shall keep a register of workplaces in which he shall cause to be entered such particulars in relation to every workplace required to be registered under this Act as he may consider...

Section 44 - 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...

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...

Back to Kenya Acts