ADVOKS GLOBAL · KENYA
Occupational Safety and Health Act
40. Occupational safety and health officer not to disclose information or source of complaints
Edition: 2022-12-31 · In force
40. Occupational safety and health officer not to disclose information or source of complaints
(1)An occupational safety and health officer shall not disclose any information obtained by him in the course of his duties and the exercise of any of the powers conferred by section 32 (including in particular, any information with respect to any manufacturing process or trade secret obtained by him in any premises entered by him by virtue of any such power) except—(a)for the purposes of his functions;(b)for the purposes of any legal proceedings or any investigation or inquiry authorized by Government; or(c)with the relevant consent, that is to say, in the case of information furnished in pursuance of a requirement imposed under section 32, the consent of the person who furnished it, and, in any other case the consent of a person having responsibilities in relation to the premises where the information was obtained.(2)Subject to subsection (1), no occupational safety and health officer shall divulge to any person the source of any complaint bringing to his notice any defect or breach of any of the provisions of this Act, and shall give no information to any owner, or occupier that a visit or inspection of any workplace was made in consequence of the receipt of such complaint.(3)An occupational safety and health officer who contravenes the provisions of subsections (1) and (2) commits an offence.