Professional Documents
Culture Documents
ISSUES
BY
Justus B. Nyakego
INTRODUCTION
Like all other Acts of parliament Occupational Safety and
Health Act, 2007 (OSHA, 2007) is subordinate to The
Constitution of Kenya, 2010.
Enacted in 2007, OSHA,2007 is still effective by virtue of
section 7 of the 6th Schedule of the Constitution.
Article 41 of the Constitution gives right to every
individual to entitlement of reasonable working
conditions.
Among the reasonable conditions entitled to workers
include good occupational safety and health
conditions at workplaces.
Occupational Safety and Health Act, 2007 (OSHA, 2007).
• The OSHA, 2007 repealed the Factories and Other Places of Work Act, Cap. 514.
• Has much more elaborate provisions for health, safety and welfare of workers.
• Has 14 parts.
• Act is applicable to every workplace.
• Persons and institutions approved for the purpose of health and safety at workplaces operate
within prescribed codes of practice.
• Content of some of the codes of practice may be admissible as evidence in the court of law.
GENERAL DUTIES
1. GENERAL DUTIES OF OCCUPIERS/EMPLOYERS
Functions of NACOSH.
Mobile cranes
Steam Boilers - Statutory examination after every 12
months when cold and under normal pressure or after
extensive repairs.
- Be marked with maximum permissible/safe working
pressure (SWP).
- Must have a safety valve, pressure gauge, water
gauge, serial number and low water alarm device.
Steam Receivers and Steam Containers -
Statutory examination after every 24 months or after
extensive repairs.
- Must have a pressure reducing valve, a suitable
safety valve, steam pressure gauge, stop valve and
serial number.
STEAM BOILER
Air Receivers - Statutory examination after every 24
months or after extensive repairs.
- Be marked with safe working pressure (SWP).
- Must have a safety valve, pressure gauge, suitable
manhole/hand hole and serial number.
Cylinders for compressed, liquefied and dissolved gases -
Statutory examination after repairs, after every 2
years (for corrosive gases), after every 5 years (for
other gases) or before charging for 1st time.
- Must be marked with permissible maximum weight of
the gas and name of gas.
- Must show owner’s name, registered number and
permissible charging pressure.
AIR RECEIVER
Corrosive Flammable Asphyxiants
gases gases
Ammonia Butane Hydrogen
cyanide
Chlorine Propane Carbon
monoxide
Fluorine Methane Carbon
dioxide
Nitrogen Acetylene Chlorine
dioxide
Refrigeration Plants - Statutory examination after every 12 months or after extensive repairs.
- Cold rooms to have control valves situated outside and adequate means of opening from inside
to be provided.
- Those refrigeration plants with compressors to have pressure relief devices and pressure
gauges.
GENERAL SAFETY PROVISIONS
All vessels, structures and pits containing dangerous liquids be securely fenced and labeled to
prevent fall of persons.
All goods, articles and substances to be stacked as to ensure stability.
All ladders shall be securely fixed in a position, on a place of level footing, properly supported,
extend at least 1m above landing.
All workplaces shall be accessed by a safe means.
FIRE SAFETY
Highly flammable substances to be kept in a fire resistant store or
outside any occupied building.
Highly flammable liquids to be conveyed in an enclosure.
No smoking near, no fire/flames near highly flammable materials.
Work to be undertaken in confined spaces only if :-
- adequate means of egress is provided and if free of dangerous
fumes.
- a work permit has been filled, persons working therein have
adequate breathing apparatus and reviving apparatus is
available.
Every workplace:-
- To have means for extinguishing fire.
- To have persons trained in fire fighting.
- To have marked adequate means of fire escape which either
slides when opening or opens outwards.
- To have evacuation procedure.
CHEMICAL SAFETY
The supplier, distributor, conveyor and employer shall
ensure chemicals and other toxic substances are
packaged, conveyed, handled and distributed in a safe
manner and company of an appropriate labels and
Material Safety Data Sheets (MSDS).
Such MSDS shall be availed to the workers.
Workplaces where fumes, dusts and impurities
accumulate must have ventilation systems and means
of exhausting the substances.
No such air contaminants from a workroom should be
allowed into the air without appropriate treatment to
prevent pollution and ill-effect to life and property.
WELFARE PROVISIONS
Every occupier is to provide accommodation for clothing
not worn during working hours.
Every occupier is to provide sitting facilities for workers
who perform duties while standing.
First- aid facilities to be provided.
Special Applications
Premises where part of the building is separate
workplace.
Premises in which steam boilers are used.
Premises in which hoists and lifts are used.
Platforms erected over water.
OFFENCES, PENALTIES AND LEGAL
PROCEEDINGS
The general penalty for offences without express penalty
is a fine not exceeding 300,000/- or jail term not
exceeding 3 months or both fine and term.
Should commitment of offence proceed after conviction,
a daily fine not exceeding 10,000/- is instituted.
A fine not exceeding 1,000,000/- or a jail term not
exceeding 12 months instituted on the event of an
accident due to the occupier having contravened
provisions of the Act .
A fine not exceeding 200,000/- or 6 months jail or both in
respect of forgeries, false declaration, conniving,
pretence and lies .
Any person is deemed a worker if lawfully within the
precincts of a workplace while work is ongoing.
The state is duty-bound to ensure access to justice by any party in matters relating to occupational
safety and health required by article 48.
Persons coming within purview of action under the provisions of the OSHA, 2007 have rights as
enshrined in:-
- article 49 – Rights of accused/arrested persons
- article 50 – Right of access to fair hearing
- and article 51 – Rights of persons detained/held in custody or imprisoned.
MISCELLANEOUS PROVISIONS
Posting of Abstracts, Rules and Notices:-
- Abstract of the Act
- Cellulose and flammable liquids rules
- Building Operations and works of Engineering
Construction Rules
- Warning Notices
Every workplace to have and maintain the general
register
All buildings erected for the purpose of as a workplace
must have the architectural plans approved by DOHSS.
Establishment of an OSH fund.
The section 129 of OSHA, 2007 provides for savings under the factories and Other Places of Work
Act and the repeal of Cap. 514.
Anything done under the Factories and Other Places of Work Act Cap. 514 is deemed to have been
done under the OSHA, 2007.
Subsidiary legislation issued under Cap. 514 is applicable under OSHA, 2007.
IN CONCLUSION
OSHA, 2007 is compliant to the Constitution of Kenya, 2010 by being explicitly in line with the
following article and section of Schedules:-
articles 41, 47, 48, 49, 50, 51, 157, 232, section 7 of the 6 th Schedule and section 31 of the 6th
Schedule.
The End.
Thanks for keen attention.