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Inspectors’ Powers Expanded to Ensure Workplace Safety

The Occupational Health and Safety Act, 2003 has been amended to grant inspectors additional powers to ensure a safer working environment for Kenyan workers.

New Inspection Powers

Under the new regulations, an inspector may:

  • Enter any place which he believes to be a factory or workplace
  • Inspect and examine any machinery, plant, or appliance used in such a facility
  • Seize documents or articles that may serve as evidence in the trial of any person charged with an offence under the Act

Medical Examinations and Information Requests

Inspectors are now allowed to:

  • Carry out medical examinations on employees where necessary for their duties under the Act
  • Require employers and employees to provide information about who is responsible for a workplace or factory

Requirements for Occupiers

The amendments make it mandatory for occupiers of factories or workplaces, their agents and servants, to furnish means required by an inspector as necessary for:

  • An entry inspection
  • Examination
  • Inquiry
  • Taking of samples
  • Biological monitoring
  • Exercise of powers under the Act

Penalties for Non-Compliance

Any person who:

  • Wilfully delays an inspector in the exercise of his powers
  • Fails to comply with requirements set out in the Act commits an offence and is liable upon conviction to a fine not exceeding two million shillings or to imprisonment for a term not exceeding five years, or both.

Appeals Process

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The amendments also provide for an appeals process. Any person aggrieved by a decision of an inspector under the Act may appeal against that decision to the Chief Inspector within thirty days of the inspector’s decision. The Chief Inspector shall then consider the grounds of the appeal and:

  • Confirm the decision
  • Set aside the decision
  • Vary the decision

Prosecution

Inspectors are also empowered to prosecute any charges, complaints or proceedings arising under the Act or in the discharge of their duties as inspectors.

Aim of Amendments

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The amendments are aimed at strengthening the Occupational Health and Safety Act, 2003, and ensuring that workplaces in Kenya are safe and healthy for all employees.