ADVOKS GLOBAL · KENYA
Occupational Safety and Health Act
85. Labelling and marking
Edition: 2022-12-31 · In force
85. Labelling and marking
(1)Every supplier of hazardous substances, whether as manufacturer, importer or distributor of hazardous substances shall ensure that containers filled with hazardous substances, are—(a)plainly painted, marked or labelled in a distinctive and uniform manner, with a legible, durable label indicating the hazard, and which is easily understood by persons employed; and(b)accompanied with instructions for the safe handling of the contents; and(c)the measures to be taken in case of spillage or accidental exposure to persons employed.(2)For purposes of this section, labelling in accordance with the United Nations Labelling system shall be adequate.(3)Every supplier of chemical substances which have not been classified in accordance with subsection (1) shall identify the chemicals they supply and assess the properties of those chemicals on the basis of a search of available information in order to determine whether they are hazardous chemicals.(4)Every employer shall ensure that all chemicals used at a workplace are labelled or marked and that chemical safety data sheets have been provided and are made available to employees and their representatives.(5)It shall be the duty of an employer who has received chemicals for which chemical safety data sheets have not been provided or which have not been labelled or marked as required, to obtain the relevant information from the supplier or from other reasonably available sources.(6)An employer who uses chemicals referred to in subsection (5) without the said information commits an offence.(7)Every employer shall ensure that only chemicals, which are classified in accordance with section 86 or identified and assessed to determine whether they are hazardous on the basis of a search of information available, and labelled or marked in accordance with subsection 86(1)(b) are used, and that any necessary precautions are taken when they are used.(8)Every employer shall maintain a record of hazardous chemicals used at the workplace, cross-referenced to the appropriate chemical safety data sheets, which record shall be accessible to all employees concerned and their representatives.