Offences, Penalties and Legal Proceedings as stated on the OSHA, 2007

 

Under this segment, the various offences by the different parties in occupational safety and health are discussed. These parties may be either the occupiers, employees or occupational safety and health officers. The various offences discussed are also accompanied by their penalties and mainly involve the failure to comply with the set regulations in the Act.

The first offence brought to light in this part is that of defying any requirements that have been stipulated in the Act. Occupiers or owners found to have gone contrary are considered guilty of an offence. Employees who are also found guilty of having not done duties as required in this Act are also to be considered guilty. Individuals that commit offences whose express penalties have not been provided are to be fined amounts not exceeding three hundred thousand shillings or imprisoned for three months or both. If a person keeps contravening with the stipulated requirements within the act, then they will be considered further guilty of an offence and will be fine ten thousand shillings each day the contravention persists.

If an employer has been found with an offence, then he or she is given time by court to correct it before imposing any penalties. An occupier is not answerable to the Act for the period he or she has been asked to remedy a contravention or offence. However, once the given duration has expired, he is eligible to a fine not exceeding ten thousand shillings each day the offence stated persists. 

At the workplace, should an individual die or suffer injury because an occupier has failed to follow the requirements in the Act, the occupier is to be fined not more than one million shillings or be imprisoned for twelve months or less. The fine imposed may be in whole or part be awarded to the family of the victim or as the Minister would otherwise decide. 

If an individual commits offences related to forgery of any certificates under the Act, give false information in a certificate, consciously talks about or presents a forged certificate, personates any individual stated in the certificate, pretends to be an occupational health and safety officer or knowingly makes a false entry into the certificate he or she is to be subjected to a fine not exceeding two hundred thousand shillings, imprisoned for six months or both.

In some cases, an occupier or owner of a workplace may be charged with an offence. He may not have committed this offence. In such a case, he or she is required to give, in writing, an explanation of his intention to have another individual as the actual offender. This notice should be written to the prosecution within three days.

Any documents, summons or orders under this Act are to be served on any individuals or firms by delivering, leaving at or sending by registered post to their homes or places of work.

Offences stipulated in the Occupational Health and Safety Act shall be prosecuted and fined in a magistrate’s court.


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