- Section 40 of Occupational Safety and Health Act CAP 236A: 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 particular, any information with respect to any manufacturing process or trade secret obtained by...
- Section 41 of Occupational Safety and Health Act CAP 236A: 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 officer personally liable for any action, claim or demand whatsoever.
- Section 42 of Occupational Safety and Health Act CAP 236A: 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 any information obtained by him in the course of his duties, in respect of any manufacturing,...
- Section 43 of Occupational Safety and Health Act CAP 236A: 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 necessary.
- Section 44 of Occupational Safety and Health Act CAP 236A: 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 in the Fourth Schedule.
(2) Upon receipt of the notice referred to in subsection (1), the Director...
- Section 45 of Occupational Safety and Health Act CAP 236A: 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 except a class of workplaces under this section if he is satisfied that there are adequate...
- Section 46 of Occupational Safety and Health Act CAP 236A: 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 appointed by the Cabinet Secretary from among members of the Council and two other persons to be...
- Section 47 of Occupational Safety and Health Act CAP 236A: 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 (1)—
(a) accumulations of dirt and refuse shall be removed daily by a suitable method from the floors and...
- Section 48 of Occupational Safety and Health Act CAP 236A: 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 to the generality of subsection (1) a workplace shall be of sufficient size for work to be carried...
- Section 49 of Occupational Safety and Health Act CAP 236A: 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 room.
(2) The Cabinet Secretary may by rules, prescribe a standard of adequate ventilation for workplaces or for...
- Section 50 of Occupational Safety and Health Act CAP 236A: 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 persons are working or passing.
(2) All glazed windows and skylights used for the lighting of workrooms...
- Section 51 of Occupational Safety and Health Act CAP 236A: 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 draining off the wet.
- Section 52 of Occupational Safety and Health Act CAP 236A: 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 conveniences; and, where persons of both sexes are or are intended to be employed (except in the case of...
- Section 53 of Occupational Safety and Health Act CAP 236A: Enforcement of section 52 by local authorities
The provisions of section 52 and of any rules made thereunder shall, in such areas as the Cabinet Secretary may by notice in the Gazette direct, be enforced by the local authority.
- Section 54 of Occupational Safety and Health Act CAP 236A: Duty of occupational safety and health officer as to sanitary defects remediable by local authority
Where an occupational safety and health officer finds any act or default in relation to any drain, sanitary convenience, water supply, nuisance or other matter in a workplace which is liable to be dealt with by the local authority under this Part or under the law relating to public health, he shall...
- Section 55 of Occupational Safety and Health Act CAP 236A: Safe use of plant, machinery and equipment
All plant, machinery and equipment whether fixed or mobile for use either at the workplace or as a workplace, shall only be used for work which they are designed for and be operated by a competent person.
- Section 56 of Occupational Safety and Health Act CAP 236A: Prime movers
(1) Every flywheel directly connected to any prime mover and every moving part of any prime mover, except prime mover referred to in subsection (3), shall be securely fenced, whether the flywheel or prime mover is situated in an engine-house or not.
(2) The head and tailrace of every water wheel...
- Section 57 of Occupational Safety and Health Act CAP 236A: Transmission machinery
(1) Every part of transmission machinery shall be securely fenced.
(2) Efficient devices or appliances shall be provided and maintained in every room or place where work is carried on by which the power can promptly be cut off from the transmission machinery in that room or place.
(3) Every...
- Section 58 of Occupational Safety and Health Act CAP 236A: Other machinery
(1) Every dangerous part of any machinery, other than prime movers and transmission machinery shall be securely fenced:
Provided that, in so far as the safety of a dangerous part of any machinery cannot by reason of the nature of the operation be secured by means of a fixed guard, the requirements...
- Section 59 of Occupational Safety and Health Act CAP 236A: Hand-held and portable power tools and equipments
(1) Every employer shall—
(a) be responsible for the safe condition of tools and equipment used by his employees, including tools and equipment which may be furnished by the employees;
(b) ensure that no equipment or portable power tools shall be used in an environment that contains or is likely...
- Section 60 of Occupational Safety and Health Act CAP 236A: Construction and maintenance of fencing
All fencing or other safeguards provided in pursuance of the provisions of this Part shall be of substantial construction, constantly maintained and kept in position while the parts required to be fenced or safeguarded are in motion or in use.
- Section 61 of Occupational Safety and Health Act CAP 236A: Construction and disposal of new machinery
(1) Where any machine in a workplace is a machine intended to be driven by mechanical power—
(a) every set-screw, bolt or key on any revolving shaft spindle, wheel or pinion shall be so sunk, encased or otherwise effectively guarded as to prevent danger; and
(b) all spur and other toothed or...
- Section 62 of Occupational Safety and Health Act CAP 236A: Self-acting machines
(1) No traversing part of any self-acting machine and no material carried thereon shall, if the space over which it runs is a space over which any person is liable to pass, whether in the course of his employment or otherwise, be allowed on its outward or inward traverse to run within a distance of...
- Section 63 of Occupational Safety and Health Act CAP 236A: Hoists and lifts
(1) Every hoist or lift shall be of good mechanical construction, sound material and adequate strength, free from patent defect and be properly maintained.
(2) Every hoist or lift shall be thoroughly examined at least once in every period of six months or after any modifications or extensive...
- Section 64 of Occupational Safety and Health Act CAP 236A: Chains, ropes and lifting tackle
(1) The following provisions shall be complied with respect to every chain, rope or lifting tackle used for the purpose of raising or lowering persons, goods or materials—
(a) no chain, rope or lifting tackle shall be used unless it is of good construction, sound material, adequate strength and...
- Section 65 of Occupational Safety and Health Act CAP 236A: Cranes and other lifting machines
(1) All parts and working gear whether fixed or movable, including the anchoring and fixing appliances, of every lifting machine shall be of good construction, sound material, adequate strength and free from patent defect, and shall be properly maintained.
(2) All parts and gear referred to in...
- Section 66 of Occupational Safety and Health Act CAP 236A: Register of chains, ropes and lifting tackle and lifting machines
A register, containing the particulars set out in the Sixth Schedule, shall be kept in every workplace with respect to all chains, ropes or lifting tackle except fibre rope slings, to which section 64 applies, and with respect to all lifting machines to which section 65 applies.
- Section 67 of Occupational Safety and Health Act CAP 236A: Steam boilers
(1) Every steam boiler and all its fittings and attachments shall be of good construction, sound material, adequate strength and free from patent defect, and shall be properly maintained.
(2) Every steam boiler, whether separate or one of a range shall— (a) have attached to it—
(i) a suitable...
- Section 68 of Occupational Safety and Health Act CAP 236A: Steam receivers and steam containers
(1) Every steam receiver and all its fittings shall be of good construction, sound material, adequate strength, and free from patent defect, and shall be properly maintained.
(2) Every steam receiver, not so constructed and maintained as to withstand with safety the maximum permissible working...
- Section 69 of Occupational Safety and Health Act CAP 236A: Air receivers
(1) Every air receiver shall—
(a) have marked upon it, so as to be plainly visible, the safe working pressure;
(b) in the case of a receiver connected with an air compressing plant either be so constructed as to withstand with safety, the maximum pressure which can be obtained in the compressor,...