Registration of Workplaces, OSHA, 2007

The role of ensuring registration of workplaces, again, falls under the Director. He or she also determines the specific details to be included during registration. Under this part of the Act, information pertaining registration to occupiers is included. The bodies involved are also discussed, including their roles in the registration process.

Each person intending to start operating in a premise should ensure they have registered before moving. Upon registration, the Director issues a certificate confirming the same. The registration details are sent to the Director in detail, in written form. After this, a Director is required to conduct the required processes that will ensure ample health and safety standards in any of the registered workplaces. If an individual uses a premises before its registration details have been submitted to the register, then they are committing an offence and are liable to a fine not exceeding one hundred thousand Kenya shillings, imprisonment for seven days or both.  Using the registration details included, the Minister, after consultation with the council, will determine the fee, in regard to premises or machinery to be allocated.

After moving to a premise, an occupier may feel dissatisfied. In such a case, they may want to alter some sections of the premise. Before doing this, they should notify the Director in writing, of any such intended changes. Failure to do this will be taken as an offence.

The Minister may participate in making some regulations under this part. These regulations may involve workplaces to be exempted from the guidelines for registration under this Act, registration of premises where workers do the labor or where machinery or plants are involved or the registration of plant and machinery and fee payable in respect of that particular criteria of registration. While making the above decisions, the Minister needs to consult the Council. In other cases, the Minister may exclude some ranks of workplaces from the above mentioned regulations. In such a case, he should involve the Director. The Director is required to review such exceptions every five years, or after shorter periods if necessary. After the Director has done the review, the Minister is then again required to consult with the Council on whether to support or reject the review. Any occupiers whose workplaces have been exempted as seen above should display a copy of the notice of exception. Lastly, an occupier is required to renew their certificate of registration either annually, or as the Minister may prescribe after consultation with the Council.

In case an occupier feels dissatisfied by any decisions a director may have made during the process of registration, then they have a right to appeal to an appeal committee formed by the minister within fourteen days. An appeal committee either revokes, confirms or gives a varying decision made by the Director after listening to the appeal. After fourteen days of determination, the appeal committee then communicates their decision. Normally, their decision is final. The Minister, with approval from the Treasury, determines the payments of members of the committee.


;