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THE OCCUPATIONAL SAFETY AND HEALTH ACT, 2007

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Legal Requirements on
OSH in Kenya
Winston G.O. Audi
Occupational Safety and Health
Practitioner
9/24/2014 1:48 AM
OSHA 2007
1
Legal provisions outlined in:
пЂЎOccupational Safety and Health Act, 2007
пЂЎSubsidiary legislations (rules)
пЂЎAlso entrenched in Section 42. of the Constitution of
Kenya which states: Every person has the right to a
clean and healthy environment, which
includes the right—
пЂЎ(a) to have the environment protected for the benefit
of present and
пЂЎfuture generations through legislative and other
measures,
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Introduction
пЂЎOccupational Safety and Health Act, 2007 is
enforced by the Directorate of Occupational
Safety and Health Services.
пЂЎDOSHS is one of the departments under the
Ministry of Labour. Other departments include
Labour Department, Employment
Department, Micro and Small Enterprises
Development, Human Resource, Directorate
of Industrial Training Productivity Center of
Kenya, among others.
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Directorate of Occupational Safety
& Health Services
4
Session Objectives
1. Understanding law as an
important tool in OSH
management.
2.. Introduction to OSHA 2007
and subsidiary legislations
5
Parts of the Act
пЂЎThe Act is divided into 14 Sections:-
пЂЎA few sections will be discussed
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Definition of the Act
пЂЎAN ACT of Parliament to provide for the
safety, health and welfare of workers and
all persons lawfully present at workplaces,
to provide for the establishment of the
National Council for Occupational Safety
and Health and for connected purposes
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PART I: PRELIMINARY
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Application of Act.
пЂЎThis Act shall apply to all workplaces
where any person is at work, whether
temporarily or permanently.
пЂЎThe purpose of this Act is to
пЂЎsecure the safety, health and welfare of
persons at work; and
пЂЎprotect persons other than persons at
work against risks to safety and health
arising out of, or in connection with, the
activities of persons at work.
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PART II: GENERAL DUTIES
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Duties of occupiers.
пЂЎEnsuring the safety, health and welfare at work
of all persons working in his workplace.
пЂЎProviding and maintaining plant and systems
and procedures of work that are safe and
without risks to health;
пЂЎEnsuring safety and absence of risks to health in
connection with the use, handling, storage and
transport of articles and substances;
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Duties of occupiers.
пЂЎProviding information, instruction,
training and supervision as is necessary to
ensure the safety and health at work of
every person employed
пЂЎProvides and maintains means of entry
and exit from workplace that are safe and
without risk to health.
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пЂЎProvide facilities and
arrangements for the employees
welfare at work that are safe,
without risk to health and
adequate
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пЂЎCarrying out appropriate risk
assessments in relation to the safety
and health of persons employed and,
on the basis of these results,
adopting preventive and protective
measures
пЂЎSending a copy of the risk
assessment report to the area
occupational safety and health officer
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пЂЎStopping any dangerous operation
or activity when there is imminent
and serious danger to safety and
health and evacuating all exposed
persons
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пЂЎRegistering his workplace
пЂЎPenalty
пЂЎFailure to comply with the above written
duties is an offence and shall attract a fine not
exceeding Kshs 500,000 or to imprisonment
for a term not exceeding six months or to
both if convicted
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Other duties of occupiers.
пЂЎPreparing a health and safety policy
пЂЎShould not dismiss an employee or
discriminate against him or her for
such reasons as when the employee;
пЂЎmakes a complaint about a matter
which the employee considers is not
safe or is a risk to his health;
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пЂЎis a member of a safety and
health committee; or
пЂЎexercises any of his functions as a
member of the safety and health
committee
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Other duties of occupiers.
пЂЎPreparing a health and safety policy
пЂЎShould not dismiss an employee or discriminate
against him or her for such reasons as when the
employee;
пЂЎmakes a complaint about a matter which the
employee considers is not safe or is a risk to his
health;
пЂЎis a member of a safety and health committee; or
пЂЎexercises any of his functions as a member of the
safety and health committee
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Duties of occupiers.
пЂЎEstablish a safety and health committee
at the workplace if:пЂѕthere are twenty or more persons employed at
the workplace; or
пЂѕthe Director directs the establishment of such a
committee at any other workplace.
пЂЎNot to charge employees for providing
them with personal protective equipment
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Specific duties the occupier
owe a contractor
пЂЎSection 17. (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.
21
пЂЎSection 17. (3)
It shall be the duty of every
employer and every self employed person to
give relevant safety and health information to
every person, not being his employee who
may be affected by the manner in which the
employer or the self employed person
conducts his undertaking, on such aspects of
the way he conducts his business as may
affect safety or health.
22
Training
пЂЎSection 99. (4) Every occupier shall ensure that
an employee from other undertakings or
establishments including contractors engaged
in work at the occupier’s workplace receive
appropriate instructions regarding safety and
health risks including emergency procedures
at the workplace during their activities at the
workplace and action to be taken in case of
an emergency.
23
Duties of employee.
пЂЎEvery employee shall, while at the workplace:пЂЎensure his own safety and health and that
of other persons who may be affected by his acts
or omissions at the workplace;
пЂЎat all times wear or use any protective equipment
or clothing provided by the employer
пЂЎcomply with the safety and health procedures,
requirements and instructions given by a person
having authority over him for his own or any
other person’s safety;
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Duties of employee
пЂЎreport to the supervisor, any situation which
he has reason to believe would present a
hazard and which he cannot correct;
пЂЎreport to his supervisor any accident or
injury that arises in the course of or in
connection with his work
пЂЎCo-operate with employer to enable any
duty or requirement imposed on his
employer by or under any other relevant
statutory provision, be performed or
complied with.
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Penalty
пЂЎFailure to comply with the above written
duties is an offence and shall attract a
fine not exceeding Kshs 50,000 or to
imprisonment for a term not exceeding
three months or to both if convicted
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Duty to report any dangerous
situation.
пЂЎEvery employee shall report to the
immediate supervisor any situation which
he/she has reasonable grounds to believe
presents an imminent or serious danger to
the safety or health of that employee or of
other employee in the same premises
пЂЎThe occupier shall not require the
employee to return to a work place where
there is continuing imminent or serious
danger to safety or health until remedial
measures have been taken
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Immunity of employee
пЂЎAn employee who has left a work place, which
the employee has reasonable justification to
believe presents imminent and serious danger
to life and health shall not be dismissed,
discriminated against or disadvantaged for
such action by the employer.
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Duty not to interfere with or
misuse things provided
пЂЎA person who willfully 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
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Prohibition against creation of
hazards.
пЂЎNo person shall engage in any
improper activity or behavior at the
workplace, which might create or
constitute a hazard to that person or
any other person.
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Collaborators
пЂЎInterviewed and appointed by the Director,
Directorate of Occupational Safety and Health
Services
пЂЎAuthorized plant examiners: inspection of lifting
appliances, and pressurized vessels.
пЂЎDesignated Health Practitioners: Examination of
workers engaged in certain professions
пЂЎSafety and health advisers: Carry out OSH audits
пЂЎFire safety auditors: Carry out fire audits
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Subsidiary Legislations
пЂЎThese are Rules made under the parent Act. They
tend to beef up or strengthen certain sections of the
Act which have been otherwise mentioned but not
given sufficient details.
пЂЎ All subsidiary legislations made under the previous
Acts (Factories Act and Factories and Other Places
of Work Act ) will be deemed to have been made
under the OSHA, 2007
32
пЂЎOSH trainers: Training OSH committees, fire fighters
and first aiders
пЂЎAir quality monitors
пЂЎApproved laboratories: Hazardous substances,
biological specimen
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These Subsidiary legislations
include
пЂЎThe Factories (Wood working machinery)
rules,1959
пЂЎThe Factories (Docks) rules, 1962
пЂЎThe Factories (Cellulose solution) rules,1964
пЂЎThe Factories (first-aid) rules,1977
34
пЂЎThe Factories (Protection of eyes) rules,1978
пЂЎThe Factories (Electric power (Special)) rules, 1979
пЂЎThe Factories (Building operations & works of
engineering construction ) rules,1984
пЂЎThe Factories & other places of work (Safety &
Health Committee) rules, 2004
35
пЂЎThe Factories & other places of work (Noise
prevention & control) rules,2005
пЂЎThe Factories & other places of work (Medical
examination) rules,2005
пЂЎThe Factories & other places of work (Fire risk
reduction) rules, 2007
пЂЎ The Factories & other places of work (hazardous
substances) rules, 2007
пЂЎThe Occupational Safety and Health (OSH Fund)
Rules, 2007
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