Act and Laws in Kenya

(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...

(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...

(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...

(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...

(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,...

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...

(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,...

(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...

(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...

(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...

(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...

(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...

(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...

(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...

(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...

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...

(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...

(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...

(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—...

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.

(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.

(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 at workplaces; (c) approve training syllabi to be used by organizations, institutions, firms or...

(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 night, a workplace, and every part thereof, when he has reasonable cause to believe that any person...

(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 arising under this Act, or in the discharge of his duty as occupational safety and health...

(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 for analysis sufficient samples of any substance used or intended to be used in a workplace, being a...

(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 circumstances in which he finds it, the article or substance is a cause of imminent danger or serious...

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 those provisions in circumstances that make it likely that the contravention will continue or be...

(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 thereunder apply or will, if the activities are so carried on, apply. (2) If as regards any...

(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 notice notwithstanding that an appeal against its issuance has been lodged. (3) A person who is...

(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 matters to which the notice relates, and any such directions may be framed to— (a) any extent by...