ADVOKS GLOBAL · KENYA
Occupational Safety and Health Act
38. Appeal against improvement or prohibition notice
Edition: 2022-12-31 · In force
38. Appeal against improvement or prohibition notice
(1)In this section “notice” means an improvement notice or a prohibition notice.(2)A person to whom an improvement or a prohibition notice is issued under section 36 or 37 shall comply with the notice notwithstanding that an appeal against its issuance has been lodged.(3)A person who is aggrieved by a notice issued by an occupational safety and health officer under section 36 or 37 may, within fourteen days from the date of such notice, appeal to the Director who may, after considering the appeal, by order in writing confirm, revoke or vary the notice.(4)A person who is aggrieved by a decision of the Director made under subsection (3) may, within fourteen days from the date of the decision, appeal to an appeal committee appointed by the Cabinet Secretary under section 46.(5)Where an improvement or a prohibition notice is issued by the Director in exercise of the powers conferred under section 36 or 37, the appeal shall be made to an appeal committee appointed by the Cabinet Secretary under section 46.