Occupational Safety And Health Act Cap 236A in Kenya

(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...

(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...

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.

(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,...

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.

(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...

(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...

(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...

(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...

(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...

(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...

(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...

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.

(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...

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.

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...

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.

(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...

(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...

(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...

(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...

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.

(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...