ADVOKS GLOBAL · KENYA
Occupational Safety and Health Act
44. Registration of workplaces
Edition: 2022-12-31 · In force
44. Registration of workplaces
(1)Before any person occupies or uses any premises as a workplace, he shall apply for the registration of the premises by sending to the Director a written notice containing the particulars set out in the Fourth Schedule.(2)Upon receipt of the notice referred to in subsection (1), the Director shall take such steps as may be necessary to satisfy himself that the premises are suitable for use as a workplace of the nature stated in the notice, and upon being so satisfied, shall cause the premises to be registered and shall issue to the applicant, upon payment of a prescribed fee, a certificate of registration in the form set out in the Fifth Schedule.(3)The Director shall carry out the duties imposed upon him by this section with all practicable speed.(4)All workplaces which were registered under the Factories and Other Places of Work Act (Repealed) shall be deemed to have been registered under this Act.(5)Any person who, without having been issued with a certificate of registration under subsection (2), occupies or uses any premises as a workplace 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 three months, or to both, and, if the contravention in respect to which he is convicted is continued after the conviction, he shall be guilty of a further offence and liable in respect thereof to a fine not exceeding ten thousand shillings or to imprisonment for a term not exceeding seven days, or to both, for each day on which the offence is continued.(6)Where the Director refuses to issue a certificate of registration under this section he shall state in writing the grounds of such refusal.(7)The occupier of a workplace registered under this Act shall notify the Director in writing of any proposed change in the registered particulars of that workplace prior to effecting the change.(8)The occupier of a workplace who fails to comply with the provisions of subsection (7) commits an offence and shall on conviction be liable to a fine not exceeding one hundred thousand shillings or imprisonment for a term not exceeding three months or to both.(9)A person who is aggrieved by a decision of the Director made under this section may, within fourteen days from the date of the decision, appeal to an appeal committee appointed by the Cabinet Secretary under section 46.(10)The Cabinet Secretary may, after consultation with the Council, make regulations to provide for—(a)workplaces to be excepted from registration under this Act;(b)the registration of premises where employees perform any work or where plant or machinery is used and the fee payable in respect of such registration;(c)the registration of plant and machinery and the fee payable in respect of such registration.(11)Where a person who occupies or uses any premises as a workplace has less than one hundred employees, the provisions of this section shall not apply for the first twelve months from the date of the registration of the business.(12)The Cabinet Secretary may, through regulations, exempt certain premises from the application of subsection (11).