Employees have a right to safety

By Claris Ogangah

I am employed in a factory that manufactures chemicals. Though I work as a receptionist, I sometimes feel the environment at work is not conducive to my health. Though I do not work in the workshops, should I be protected from the effects of the chemicals? What should I do in case my employer does not take the necessary steps?

The answer to your question lies within the Occupational Safety and Health Act of 2007.

The preamble of the Act states that it is an Act of Parliament to provide for the safety, health and welfare of workers and all persons present at workplaces.

Section 3 of the Act also talks of application of the act and provides that:

This act shall apply to all workplaces where any person is at work whether temporarily or permanently.

The purpose of this Act is to secure the safety, health and welfare of persons at work and protect persons other than persons at work against risks to safety and health arising out of, or in connection with activities of persons at work"

Things to note

From the above sections and the preamble it is clear that the intention of the Act is to protect not only the people at the workplace but also other persons who are not employed by the said factory but who are directly affected by the activities of the said factory.

The Act refers to the word ‘occupier’ in several provisions and it would be important to know who an occupier is.

An occupier means the person or persons in actual occupation of a workplace, whether as the owner or not and includes an employer.

The Act places duties on occupiers which duties attract criminal liabilities if not complied with.

The said duties include providing and maintaining of plant systems and procedures of work that are safe and without risks to health.

The duties of occupiers also include provision of information, instruction, training and supervision that is necessary to ensure the safety of everyone.

Right to safety

The Act places a requirement on the occupier to inform all employees of any risks from new technology and any other imminent danger that may arise within the workplace.

So as an employee whether involved directly with chemicals or not it is the duty of the employer to give you information on any risks that may affect your safety or your health and to also take measures to ensure your work environment is safe.

Indeed it is a criminal offence for the employer to fail to do this.

Section 6[7] provides that an occupier who fails to comply with the duties imposed on him commits an offence and shall on conviction be liable to a fine not exceeding Sh5,000 or to imprisonment for a term not exceeding six months or to both.

Measures to take

The other important issue to note is that as an employee if you feel your health is at risk then you can proceed to report the matter to the director of safety and health services [or his agents] who is to be appointed under this act. However the report must be accompanied by a report from a doctor.

The Act guarantees confidentiality in cases where the risk to health and safety is reported to them by employees or by any other person. The office of the director is mandated to take measures that aim at ensuring employees and non employees work is a safe environment.

As an employee it is very important to understand that it is your right to work in a safe and secure environment.