ADVOKS GLOBAL · KENYA
Occupational Safety and Health Act
32. Powers of an occupational safety and health officer
Edition: 2022-12-31 · In force
32. Powers of an occupational safety and health officer
(1)An occupational safety and health officer shall, for the purpose of the execution of this Act, have power to do all or any of the following things—(a)to enter, inspect and examine, by day or by night, a workplace, and every part thereof, when he has reasonable cause to believe that any person is employed therein, and to enter, inspect and examine, by day, any place which he has reasonable cause to believe to be a workplace and any part of any building of which a workplace forms part and in which he has reasonable cause to believe that explosive, highly inflammable or any other hazardous materials are stored or used:Provided that—(i)an occupational safety and health officer shall, whenever it is practicable so to do and will not in his opinion defeat the object of his inspection, notify the occupier or some other person in authority at a workplace of his arrival at the workplace for the purpose of inspecting it;(ii)when an occupational safety and health officer has inspected a workplace without having first given the notification referred to in subparagraph (i) of this proviso, he shall, within a reasonable time after such inspection, inform the occupier and the Director in writing of the reason why no notification was given;(b)with regard to any place of work which he has power to enter, to direct that those premises or any part of them or anything therein, shall be left undisturbed (whether generally or in particular respects) for so long as is reasonably necessary for the purposes of any examination or investigation;(c)to take such measurements and photographs and making such recordings as he may consider necessary for the purposes of any examinations or investigation under this Act;(d)to develop and print photographs of scenes of occupational accidents;(e)take and remove samples of any articles or substances found at any place of work which he has power to enter and of the atmosphere in or in the vicinity of such a place of work subject to the employer being notified of any sample so taken;(f)to take with him a police officer if he has reasonable cause to apprehend any serious obstruction in the execution of his duty;(g)to require the production of the registers, certificates, notices and documents kept in pursuance of this Act and to inspect, examine and copy any of them;(h)to make such examination and inquiry as may be necessary to ascertain whether the provisions of this Act, and of the enactments for the time being is force relating to public health, are complied with, so far as respects a workplace and any persons employed in a workplace;(i)to require any person whom he finds in a workplace to give such information as it is in his power to give as to who is the occupier of the workplace;(j)to examine, either alone or in the presence of any other person, as he thinks fit, with respect to matters under this Act, every person whom he finds in a workplace, or whom he has reasonable cause to believe to be or to have been within the preceding six months employed in a workplace, and to require every such person to be so examined and to sign a declaration of the truth of the matters respecting which he is so examined; so, however, that no one shall be required under this provision to answer any question or to give any evidence tending to incriminate himself;(k)in the case of an occupational safety and health officer who is a medical practitioner, to carry out such medical examinations as may be necessary for the purposes of his duties under this Act; and(l)to exercise such other powers as may be necessary for the purposes of this Act.(2)The occupier of every workplace, and his agents and servants, shall furnish the means required by an occupational safety and health officer as necessary for an entry, inspection, examination or inquiry, or the taking of samples, or otherwise for the exercise of his powers, under this Act in relation to that workplace.(3)An occupational safety and health officer shall in the case of any article found in any premises which he has power to enter, being an article or substance which appears to him to have caused or is likely to cause danger to safety or health, cause it to be dismantled or subjected to any process or test but not to damage or destroy it unless this is in the circumstances necessary.(4)In the case of any article or substance specified in subsection (3) an occupational safety and health officer may take possession of it and detain it for so long as is necessary for any of the following purposes—(a)to examine it and do to it any thing which he has power to do under this Act;(b)to ensure that it is not tampered with before his examination of it is completed; and(c)to ensure that it is available for evidence in any proceedings for an offence under this Act; and(d)to summon in writing any person whom he has reasonable cause to believe to be able to give any information relevant to any inspection, examination or investigation, to attend at a time and place specified and to give such information or to produce any relevant document.(5)No person shall, in relation to any investigation or inquiry under this Act—(a)without reasonable justification fail to comply with a lawful summon, request or order issued or given by an occupational safety and health officer;(b)refuse or fail to answer to the best of his knowledge any question lawfully put to him by or with the concurrence of an occupational safety and health officer:Provided that no person shall be obliged to answer any question whereby he may incriminate himself;(c)in any manner whatsoever advise, encourage, incite order or persuade any person who has been directed summoned, requested or ordered to do something by an occupational safety and health officer not to comply with such direction, summons, request order or in any manner prevent him from doing so;(d)refuse or fail when required thereto by an occupational safety and health officer to furnish him with the means or to render him the necessary assistance for holding such inquiry;(e)refuse or fail, when required thereto by an occupational safety and health officer to attend an inquiry; or(f)intentionally insult the occupational safety and health officer or intentionally interrupt the proceedings thereof with a view to defeat the purpose of investigation, inspection or inquiries.(6)If any person wilfully delays an occupational safety and health officer in the exercise of any power under this section, or fails to comply with the requisition of an occupational safety and health officer in pursuance of this section or to produce any register, certificate, notice or document which he is required by or in pursuance of this Act to produce, or willfully withholds any information as to who is the occupier of any workplace, or conceals or prevents, or attempts to conceal or prevent, or attempts to conceal or prevent, a person from appearing before or being examined by an occupational safety and health officer, that person shall be deemed to obstruct an occupational safety and health officer in execution of his duties under this Act.(7)Where an occupational safety and health officer is obstructed in the execution of his powers or duties under this Act, the person obstructing him commits an offence and shall on conviction be liable to a fine not exceeding one hundred thousand shillings or to imprisonment for a term not exceeding six months or to both.(8)An occupier of a workplace where an occupational safety and health officer is so obstructed shall be deemed to have committed the offence specified in subsection (7).