Special Provisions from OSHA Kenya


Under this part, special provisions are stipulated for individuals who work in high risk areas. Occupiers should take note of such and ensure that they been have followed to the core since these are safety measures that are intended to minimize the occurrence of such risks. They are also to fund processes that involve examinations on employees to ensure the wellness of their state of health.

An employer should issue a permit to work to any employee who is potentially exposed to hazardous working environments including work such as dock work, repairing boilers, electrical energy installations and maintenance of machinery and equipment. The permit in this case is usually a written document which states the work to be done, the risks involved and the safety measures to be taken before undertaking the work. Employers are not to allow any persons below eighteen years to be employed at any workplace or work process whatsoever if it is likely to harm their safety or health. In the same way, any person who is still being trained should not be allowed to operate in risky conditions.

Before employing any individual in any workplace that has machines or processes that are likely to inflict bodily harm or threaten safety, the employee should be made aware of the implications that may result. Other than that, he or she should have received ample training in handling that particular work and should receive adequate supervision by a more experienced person. The training mentioned in the above case is to be done before the individual has resumed work, changed jobs, when they have been introduced to new work equipment or introduced to new technology. This training is to take into consideration the new risks that will be faced. The training sessions are not to be funded by the employer.

Employers are to ensure that employees from other undertakings such as contractors receive enough instruction regarding safety and health risks. More safety precautions such as wearing protective gear, not carrying food where poisonous substances are involved and providing experts to assess the safety of these protective gear are to be ensured. In other cases, illnesses at a workplace may take place naturally because of the work process or may occur as a result of changes to conditions or appliances at the workplace. In such an instance, the Minister is required to make regulations to ensure medical surveillance and examination. A minister can also make arrangement for employees to be examined before they are employed, during their employment or their termination or in regular intervals if the workplace they are going to contains health risks. Costs for such examinations are to be incurred by the employer, and not to be deducted from the salary of the employee.

Lastly, any individual who fails to comply with the provisions stated in this part is to be subjected to a fine of not more than one hundred thousand shillings, imprisonment for three months or both.