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THE TECHNICAL UNIVERSITY OF KENYA

FACULTY OF ENGINEERING SCIENCE AND TECHNOLOGY

SCHOOL OF INFRASTRUCTURE AND RESOURCE ENGINEERING

DEPARTMENT OF CIVIL AND CONSTRUCTION MANAGEMENT

UNIT NAME:

UNIT CODE:

UNIVERSITY NUMBER: 113/00805

STUDENT NAME: STEPHEN O. ARENDE

ASSIGNEMNT TITILE: Summary of the Occupational Safety and Health Administration

Act in Kenya.
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The Occupational Safety and Health Administration (OSHA) refers to an agency of the

United States government under the Labor department given the responsibility of ensuring safety

at work and a healthful working environment. In Kenya, the legislation governing occupational

health and safety is the Occupational Health and Safety Act, 2007 that repealed the Factories Act,

cap 254 of the laws of Kenya. The Acts main purpose is 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.

In summary, the Act’s objectives and goals are as follows:

 Securing a safe and health working environment

 Prevention of child labor especially where the child’s health is exposed to risk

 Standards in regard to safety and health at the working environment

 Develop a safety and health conscious culture in the work place

 Encourage reporting of injuries and accidents at the work place.

The act tends to achieve its purpose through three main ways, which are:

 Through creation of preventive measures

 Through institutional frameworks that shall enforcement its objectives

 Through punitive measures

The responsibility of the employer according to the act is also stemmed upon the common law

principle of duty of care. However, the duty of care is not only for the employers, but extends to

the occupier, the employees, designers, manufacturers, importers. Thus, the act catches a broader

perception of the duty of care. The Act clearly defines an occupier and state his duties.

Based on section 2 of the Occupational Health and Safety Act an “occupier” means the person or

persons in actual occupation of a workplace, whether as the owner or not and includes an employer.
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The test for occupier under common law may be derived from Street on Torts at page 195; “...The

test of occupation, then, is whether a person has some degree of control associated with, and arising

from, his presence in and use of, or his activity in, the premises...” Occupiers too have a duty of

care towards employees. This can be implied through the duties provided under section 6 of the

Occupational Safety & Health Act.

Some of these duties are:

(1) Every occupier shall ensure the safety, health and welfare at work of all persons working

in his workplace.

(2) Without prejudice to the generality of an occupier’s duty under subsection (1), the duty of

the occupier includes—

a. The provision and maintenance of plant and systems and procedures of work that

are safe and without risks to health;

b. Arrangements for ensuring safety and absence of risks to health in connection with

the use, handling, storage and transport of articles and substances;

c. The provision of such information, instruction, training and supervision as is

necessary to ensure the safety and health at work of every person employed

d. The maintenance of any workplace under the occupier’s control, in a condition that

is safe and without risks to health and the provision and maintenance of means of

access to and egress from it that are safe and without such risks to health;

e. The provision and maintenance of a working environment for every person

employed that is, safe, without risks to health, and adequate as regards facilities and

arrangements for the employees welfare at work;

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f. Informing all persons employed of any risks from new technologies; and

ii. imminent danger; and

g. Ensuring that every person employed participates in the application and review of

safety and health measures.

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Reference
Alli, B. O. (2008). Fundamental principles of occupational health and safety Second

edition. Geneva, International Labour Organization, 15.

Reese, C. D. (2008). Occupational health and safety management: a practical approach. CRC

press.