ADVOKS GLOBAL · KENYA
Occupational Safety and Health Act
48. Overcrowding
Edition: 2022-12-31 · In force
48. Overcrowding
(1)An occupier shall ensure that his workplace shall not, while work is carried on, be so overcrowded as to cause risk of injury to the health of the persons employed therein.(2)Without prejudice to the generality of subsection (1) a workplace shall be of sufficient size for work to be carried out with ease and shall further have the necessary free space and, having regard to the nature of the work, an adequate amount of air for each employee, the minimum permissible being ten cubic metres per person:Provided that, in determining, for the purposes of this subsection the amount of cubic space in any room, no space more than four point five metres from the floor shall be taken into account, and, where a room contains a gallery, the gallery shall be treated for the purposes of this subsection as if it were partitioned off from the remainder of the room and formed a separate room.(3)Every workroom shall be not less than three metres in height, measured from the floor to the lowest point of the ceiling or, where there is no ceiling, to the lowest point of the roofing material:Provided that, if the Director is satisfied that owing to the special conditions under which the work is carried on in any workroom the application of the provisions of this subsection to that workroom would be inappropriate or unnecessary, he may be certificate in writing except the work room from those provisions subject to any conditions specified in the certificate.(4)An occupier who contravenes the provisions of this section commits an offence.