subsidiary legislation - ihrm.or.ke legislation revised.pdf2.the factories (electrical power)...
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SUBSIDIARY LEGISLATION
1. The Factories (Protection of Eyes) Rules, 1978 L.N. 44
-Eye safety in workplaces.
-These rules apply to workplaces where the entire Act apply.
Processes where eye protection is required include:-
blasting, cleaning, chipping, metal cutting, foundry work, demolition acids & chemical handling, driving in of nails etc, pressure injection, furnace work, tensed wire cutting, glass manufacture, arc welding, abrasive wheel use(grinding).
Role of employer:-
provide eye protectors for process workers
- Provide shields for process workers
- Provide shields for other workers and non-workers
- Replace and maintain the eye protectors
- Ensure suitability of the eye protectors.
Role of the employees:-
-to ensure no misuse and to report loss or defect.
2.The Factories (Electrical Power) (Special) Rules, 1979 L.N. 340
Rules with regards to electrical power installations, use and handling.
These rules apply to generation, transformation, conversion, switching controlling, regulating, distribution and use of electricity.
• Safety of electric apparatus
• Insulation
• Construction of switches, fuse and auto-
circuit breakers etc
• Electric joints
• Protection of excess current
• Bare and un-insulated conductors.
• Portable electric apparatus
• Portable lamps
• Training of workers
• Working platforms and passageways where electricity is used
• Lighting
• Display of first-aid notice
• Display of procedure of first-aid on electric shock victim
• Exemptions in application of rules.
3. The Factories (Building Operations and Works of Engineering Construction)
Rules, 1984. L.N. 40
(Construction, demolitions and Civil) Works.
Apply to constructions sites.
Role of the contractor:-
- notification about the operations
- Appointment of safety supervisor
- Ensuring safety in excavation by inspection, fencing, notices, safe means of access
- Cofferdams and caissons inspections
- Explosive safety
- Safety in operations and works adjacent to water
- Transport on sites and safety
- Safety in demolitions
- Machine safety
- Notices of wet paints, use of helmets, murphs etc
- Scaffolds/working platform safety:- maintenance, inspection,stability, stairs, ladders etc.
- Roof safety,
- Lifting operations safety.
- First-aid facilities
• Washing and sanitary facilities
• Personal protective equipment.
4. The Factories (Noise Prevention and Control)
Rules, 2005. L.N. 25
• Apply to all workplaces under Cap 514.
• Permissible noise levels: no worker is allowed to
be exposed to a noise of 90 dB for 8hrs in 24
hrs.
• No worker is allowed in a workplace of 140 dB
whatsoever
Role of the occupier is to ensure:-
- medical checks for workers exposed to
noise
- Posting of notices
- Noise survey yearly
- Provision of ear protectors
- Compensation of affected workers
- Maintenance of machinery and good
premise design.
Role of the employee is to ensure NO misuse of the
provisions
5. The Factories (Docks) Rules 1962 L.N.306
These rules apply to workplaces where there is:-
loading, unloading, moving & handling goods
in/on dry or wet dock, wharf or quay, port or
harbour.
Facilities on shore:-
First-aid facilities, stretchers, ambulance and
ambulance room, sanitary conveniences.
General provisions on board ship:-
-safe access from ship to shore
-safe access from ship to ship
-safe lifting appliances
-hand rails wherever applicable
-good lighting
-records of plant examination
-SWP and SWL marks.
-machine fencing and guarding
General provisions in conducting processes
-safety in disposing of goods
-work on decks
-the work of signalers
-crane drivers and safety
Ventilation aboard ship
Personal protective equipment and
maintenance
Duties of personnel aboard ship
6. The Factories (Cellulose Solutions) Rules 1964. L.N.87.
• Cellulose solution is inflammable liquid of cellulose nitrate, acetate, other compound of cellulose.
These rules apply to workplaces where cellulose is used.
The rules require the occupier to:-
- post signs of use of cellulose and no smoking
- Ensure safety in storage
- Post notices
- Construct booths
- Provide proper ventilation
• Correctly dispose cellulose wastes
7. The Factories (Woodworking Machinery) Rules 1959 L.N.431
Apply to there is woodworks
The rules outline safety as to the use of the various types of woodworking machinery
Duties of the employees.
Disposal of wastes from woodworks
8. The Factories (First Aid) Rules 1977.L.N. 160
Applicable to all workplaces under the Act.
• Outline first-aid box content with respect to
size of workplace
• The first-aid box should only be under
charge of a trained first-aider from a
government recognized first-aid training
body.
• The first-aider should regularly go for
refresher course
9. The Factories (Safety and Health Committees)
Rules 2004.
Applicable to workplaces under the Act with 20 or
more workers
-Every workplace under the Act with 20 or more
workers to have a safety policy.
-Every workplace under the Act with 20 or more
workers to have a safety committee.
-every such workplace to undergo annual safety
audit
-committee must sit at least quarterly
-committee must be trained
- penalty as to the contravention of the rules is 50000/= fine or 3 months jail in default.
10. The Factories and Other Places of Work (Medical Examination) Rules 2005. L.N.24
Apply to workplaces of classified hazards
The employer is to ensure medical examination of workers in the places as prescribed.
The employer to ensure no wage deduction because of examination.
11. The Factories and Other Places of Work (Fire
Risk Reduction) Rules, 2007 L.N. 59.
Class of Fire Interpretation (As a result of:-)
A Ordinary combustible materials as paper,
wood, cloth, rubber, plastics.
B Flammable liquids, gases, greases, rubber
or plastics.
C Energized electrical equipment where
safety to the worker requires use of
electrically non-conductive extinguishing
media.
D Combustible metals like Mg, Zirconium,
Na, Li, K.
• The rules apply to workplaces where the Act applies.
• An occupier having flammable substances must have fire
resistant material.
-The occupier to store highly flammable substances in
fixed storage tanks, closed vessels, cupboards except for
vehicles transporting the same.
-Maintain a distance of at least 80 cm wall gangway.
- Keep flammables in separate stores.
-Label the stores, tanks, bins, containers of flammables.
-Take steps to lower chances flammable gases from igniting.
-Monitor flammable substances.
- Maintain good ventilation to allow exit of flammable
fumes.
-Maintain good housekeeping.
• Maintain good electrical fittings.
• Provide and maintain fire exits.
• Form and train fire fighting teams.
• Conduct fire drills yearly.
• Designate an assembly point.
• Provide and maintain first aid facilities.
• Post notices
• Install fire detectors
• Provide and maintain fire fighting appliances.
• Conduct an annual fire safety audit.
• Formulate a fire safety policy
• Send notice of fire occurrence DOHSS.
12. The Factories and Other Places of Work (Hazardous Substances ) Rules, 2007 L.N. 60.
Term Interpretation
Air Quality Monitor Competent person authorized to
monitor and measure substances in
air.
Biological Monitoring Technique for measuring presence
of chemical or its metabolites in
tissues or excreta for measuring
pathological effects of toxin on the
person.
Engineering Control Person authorized to do
Examiner examination and test of engineering control measures.
Term Interpretation
Harmful Substance Substance whether liquid, solid,
medicine, drug, plant, animal or
micro-organism which are likely to
be injurious to human health or
environment.
Occupational Exposure Level of exposure or discharge or
Limit (OEL) emissions as set out in schedule 1.
RL Recommended Limit.
CL Control Limit.
EL Exposure Limit.
- Occupier to put control measures.
- Occupier to provide personal protective equipment.
- Washing facilities to be provided.
- Protective clothing to be kept separate from personal clothing.
- Separate clean and dirty changing rooms to be maintained.
- Proper maintenance and testing of engineering controls to be
done after every 2 years and report submitted to DOHSS.
- Protection against radioactive, carcinogenic, mutagenic or
teratogenic to be provided.
- Material Safety Data Sheets (MSDS) to be availed.
- Correct disposal of substances to be done.
- Containers of hazardous substances to be labeled.
- Employer to train workers on hazards associated to hazardous
substances handled.
- Air monitoring and measurements to be done after every 12
months by air quality monitor.
- Employed persons not to misuse safety and health provisions.
- Medical examination to be done as per medical examination
rules.
13. The Government Financial Management
(Occupational Safety and Health Fund)
Regulations, 2011 L.N. No. 14
• Occupational Safety and Health Fund is
established pursuant to section 126 of OSHA,
2007.
• Every registered workplace to pay 3000/- to the
fund every year.
• The fund can also be in form of:-
- Monies appropriated by parliament.
- Grants and donations
- Income generated by proceeds of the fund.
Object and purpose of the Fund
• Develop and coordinate a sound and effective
occupational safety and health system.
• Implementation of the system so established
• Carry out research on occupational safety and
health.
• Develop and disseminate information on OSH.
• Promotion of OSH through annual awards among
employers and employees.
THE END.
THANKS FOR YOUR KEEN
ATTENTION.