Act No: No. 15 of 2007
Act Title: OCCUPATIONAL SAFETY AND HEALTH
SUBSIDIARY LEGISLATION
Arrangement of Sections

FACTORIES (WOODWORKING MACHINERY) RULES

ARRANGEMENT OF RULES

PART I – PRELIMINARY

1.

Citation.
2.

Interpretation.
3.

Application.
4.

Duties.

PART II – DUTIES OF OCCUPIERS

5.

Floors.
6.

Circular saws.
7.

Push-sticks for use at circular saws.
8.

Pendulum saws.
9.

Plain band saws.
10.

Band mills and band re-saws.
11.

Cutter blocks of overhand planing machines.
12.

“Bridge” guards for overhand planing machines.
13.

Planing machines used for thicknessing, moulding, matching or tenoning.
14.

Vertical spindle moulding machines and routing machines.
15.

Jigs and holders for use at vertical spindle moulding machines and routing machines.
16.

“Spikes” for use at vertical spindle moulding machines and routing machines.
17.

Chain mortising machines.
18.

Maintenance and adjustment of guards.
19.

Certain rules not to apply when other safeguards provided.

PART III – DUTIES OF PERSONS EMPLOYED

20.

Duties of persons employed.

PART IV – DISPOSAL OF WOODWORKING MACHINERY

21.

Disposal of Woodworking Machinery.

RULES UNDER SECTIONS 26 AND 55
FACTORIES (WOODWORKING MACHINERY) RULES
[Cap 514, Sub.Leg, L.N. 431/1959, L.N. 514/1990.]
PART I – PRELIMINARY
1.
Citation

These Rules may be cited as the Factories (Woodworking Machinery) Rules.
2.
Interpretation

In these Rules—

“circular saw” means a circular saw working in a bench (including a rack bench) for the purpose of ripping, deep cutting or cross cutting, but does not include a swing saw or other saw which is moved towards the wood;

“gauge” means the Imperial Standard Wire Gauge;

“pendulum saw” means a swing saw which is suspended from a pivot above a table, bench or other support on which wood is placed and which is operated by being pulled across such table, bench or other support;

“plain band saw” means a band saw, other than a band mill or band re-saw, the cutting portion of which runs in a vertical direction;

“planing machine” includes a machine for overhand planing, thicknessing, moulding, matching or tenoning or any two or more of these operations, but does not include a vertical spindle moulding machine;

“woodworking machine” means a circular saw, pendulum saw, plain band saw, band mill, band re-saw, planing machine, vertical spindle moulding machine, routing machine or chain mortising machine operating on wood.
4.
Duties

It shall be the duty of the occupier of every factory to which these Rules apply to observe Part II of these Rules; and it shall be the duty of all persons employed in every such factory to observe Part III of these Rules.
PART II – DUTIES OF OCCUPIERS
5.
Floors

The floor surrounding every woodworking machine shall be maintained in a good and level condition and, as far as practicable, free from chips or other loose material and shall not be allowed to become slippery.
6.
Circular saws

Every circular saw shall be fenced as follows—

(a)

the part of the saw below the bench table shall be protected by two plates of metal or other suitable material, one on each side of the saw; such plates shall not be more than six inches apart and shall extend from the axis of the saw outwards to a distance of not less than two inches beyond the teeth of the saw; metal plates, if not beaded, shall be of a thickness at least equal to 14 gauge, or, if beaded, be of a thickness at least equal to 20 gauge;
(b)

behind and in a direct line with the saw there shall be a riving knife, which shall be at its greatest thickness not less than the thickness of the saw blade and less than the width of the saw kerf, and which shall have a smooth surface, shall be strong, rigid and easily adjustable, and shall also conform to the following requirements—

(i) the edge of the knife nearer the saw shall form an arc of a circle having a radius not exceeding the radius of the largest saw used on the bench;
(ii) the knife shall be maintained as close as practicable to the saw, having regard to the nature of the work being done at the time, and at the level of the bench table the distance between the front edge of the knife and teeth of the saw shall not exceed half an inch;
(iii) for a saw of a diameter of less than twenty-four inches, the knife shall extend upwards from the bench table to within one inch of the top of the saw, and for a saw of a diameter of twenty-four inches or more shall extend upwards from the bench table to a height of at least nine inches;
(c)

the top of the saw shall be covered by a strong and easily adjustable guard, with a flange at the side of the saw farthest from the fence; the guard shall be kept so adjusted that the said flange shall extend below the roots of the teeth of the saw; and the guard shall extend from the top of the riving knife to a point as low as practicable at the cutting edge of the saw.
7.
Push-sticks for use at circular saws

A suitable push-stick shall be kept available for use at the bench of every circular saw which is fed by hand, to enable the work to be carried on without unnecessary risk.
8.
Pendulum saws

The following provisions shall apply to every pendulum saw—

(a)

the top half of the saw shall be completely and securely covered by sheet metal or other suitable material;
(b)

the work table, bench or support shall be of rigid construction and shall incorporate a suitable back rail against which the stock may be rested during sawing;
(c)

there shall be provided and maintained an efficient device which automatically returns the saw to the back position when released at any point of its travel; such device shall not depend for its proper functioning on any fibre rope; the saw shall not be deemed to be in the back position until the front edge of the saw is at least one inch behind the front edge of the back rail;
(d)

when the saw is in the back position it shall be enclosed or otherwise securely guarded as far as practicable;
(e)

limit chains or other effective devices shall be provided and maintained to prevent the front edge of the saw from travelling beyond the front edge of the work table, bench or support.
9.
Plain band saws

Every plain band saw shall be guarded as follows—

(a)

both sides of the bottom pulley shall be completely encased by sheet metal or other suitable material;
(b)

the front of the top pulley shall be covered with sheet metal or other suitable material;

(c)

all portions of the blade shall be enclosed or otherwise securely guarded, except the portion of the blade between the table and the top guide.
10.
Band mills and band re-saws
(1)

The blade of every band mill or band re-saw shall be enclosed or otherwise securely guarded as far as practicable.
(2)

In the case of a band mill or band re-saw the cutting portion of which runs in a vertical direction—

(a)

both sides of the bottom pulley shall be completely encased by sheet metal or other suitable material; and
(b)

the front of the top pulley shall be covered with sheet metal or other suitable material.
(3)

In the case of a band mill or band re-saw the cutting portion of which runs in a horizontal direction, the front of both pulleys shall be covered with sheet metal or other suitable material.
11.
Cutter blocks of overhand planing machines

Every planing machine which is not mechanically fed and is intended to be used for overhand planing shall be fitted with a cylindrical cutter block.
12.
“Bridge” guards for overhand planing machines

Every planing machine intended to be used for overhand planing shall be provided with a “bridge” guard capable of covering the full length and breadth of the cutting slot in the bench and so constructed as to be easily adjusted in both a vertical and a horizontal direction.
13.
Planing machines used for thicknessing, moulding, matching or tenoning

Every planing machine intended to be used for thicknessing, moulding, matching or tenoning shall be provided with guards which shall enclose—

(a)

the cutters; and
(b)

the feed rollers,

as far as practicable.
14.
Vertical spindle moulding machines and routing machines

The cutter of every vertical spindle moulding machine and of every routing machine shall, whenever practicable, be provided with the most efficient guard having regard to the nature of the work which is being performed.
15.
Jigs and holders for use at vertical spindle moulding machines and routing machines

For such work as cannot be performed with an efficient guard for the cutter, the wood being worked at a vertical spindle moulding machine or routing machine shall, if practicable, be held in a jig or holder of such construction as to reduce, as far as possible, the risk of accident to the worker.
16.
“Spikes” for use at vertical spindle moulding machines and routing machines

A suitable “spike” or push-stick shall be kept available for use at the bench of every vertical spindle moulding machine and of every routing machine.
17.
Chain mortising machines

The chain of every chain mortising machine shall be provided with a guard which shall enclose the cutters as far as practicable.

18.
Maintenance and adjustment of guards

The guards and other appliances required by these Rules shall be maintained in an efficient state and shall be constantly kept in position while the machinery is in motion, except when, owing to the nature of the work being done, the use of the guards or appliances is rendered impracticable; the guards shall be so adjusted as to enable the work to be carried on without unnecessary risk.
19.
Certain rules not to apply when other safeguards provided

Rules 6, 8, 9, 10, 12 and 13 of these Rules shall not apply to any woodworking machine in respect of which it can be shown that other safeguards are provided and maintained which render the machine equally safe as it would be if guarded in the manner prescribed by these Rules.
PART III – DUTIES OF PERSONS EMPLOYED
20.
Duties of persons employed

Every person employed on a woodworking machine shall—

(a)

use and maintain in proper adjustment the guards provided in accordance with these Rules; and
(b)

use the “spikes” or push-sticks and holders provided in compliance with rules 7, 15 and 16 of these Rules,

except when, owing to the nature of the work being done, the use of the guards or appliances is rendered impracticable.
PART IV – DISPOSAL OF WOODWORKING MACHINERY
21.
Disposal of Woodworking Machinery

The provisions of subsection (2) of section 26 of the Act (which prohibits the sale or letting on hire of certain machines which do not comply with the provisions of that section) shall extend to any machine, being a circular saw, plain band saw, planing machine or chain mortising machine, that does not comply with the requirements of rule 6, rule 9, rule 11, rule 12, rule 13 or rule 17, as the case may be, of these Rules:

Provided that this Rule shall not apply in the case of any circular saw, plain band saw or planing machine in respect of which it can be shown that other safeguards are provided which render it equally safe as it would be if provided with the guards and other appliances required by these Rules.
FACTORIES (EXAMINATION OF PLANT) ORDER
[G.N. 958/1951.]

ORDER UNDER SECTIONS 30(2), 37(8) AND (9), 38(5) AND 39(4)

1.

This Order may be cited as the Factories (Examination of Plant) Order.
PART I – PREPARATION OF STEAM BOILERS FOR EXAMINATION
2.

Any person who desires that an examination of a steam boiler should be carried out for the purposes of section 37 of the Act shall provide such facilities for the examination of the interior and exterior of the boiler and for hammer testing, drilling, lifting, hydraulic testing, steam trial or other means of testing as may be required by the authorized boiler inspector carrying out the examination, and, without prejudice to the generality of the foregoing, shall cause—

(a)

the steam boiler to be thoroughly opened up and all flues and other parts to be thoroughly cleaned and scaled;
(b)

all doors of man-holes, mud-holes and hand-holes to be taken off;
(c)

brickwork, composition covering, fire-bars, fire-bridges, tubes and stays to be removed to the extent required by the authorized boiler inspector;
(d)

all junction valves, feed valves and safety valves to be taken apart and cleaned.
PART II – REPORTS OF RESULTS OF EXAMINATIONS
3.

The report of the result of every examination of a hoist or lift, steam boiler, steam receiver or air receiver shall be in the form of, and contain the particulars specified in, forms printed and published by the Government Printer, and bearing the following respective numbers—

EXCEPTIONS UNDER SECTION 30(10)

The class or description of hoist or hoistway specified in the first column hereunder are excepted from the requirements of section 30 of the Act specified in the second column hereunder, subject however to the conditions and limitations set opposite thereto in the third column hereunder; and in these exceptions “hoist” and “hoistway” include “lift” and “liftway” respectively.

[L.N. 280/1956, L.N. 12/1958, L.N. 325/1964.]

EXCEPTIONS UNDER SECTION 31(1)(F)

The following classes of chain and lifting tackle are exempted from the requirements of section 31(1)(f) as to annealing—

1.

Chains made of malleable cast iron.
2.

Plate link chains.
3.

Chains, rings, hooks, shackles and swivels made of steel or any non-ferrous metal.
4.

Pitched chains working on sprocket or pocketed wheels.
5.

Rings, hooks, shackles and swivels permanently attached to pitched chains, pulley blocks or weighing machines.
6.

Hooks and swivels having screw-threaded parts or ball bearings or other case-hardened parts.
7.

Socket shackles secured to wire ropes by white metal capping.
8.

Bordeaux connections.
9.

Any chain or lifting tackle which has been subjected to the heat treatment known as “normalizing” instead of annealing.

EXCEPTIONS UNDER SECTION 40

The types of steam boiler specified in the first column hereunder are excepted from the requirements of section 37 of the Act specified in the second column hereunder, subject however to the conditions and limitations set opposite thereto in the third column hereunder.

The types of steam receiver specified in the first column here under are excepted from the requirements of section 38 of the Act specified in the second column hereunder, subject however to the conditions and limitations set opposite thereto in the third column hereunder.

PART A

[L.N. 276/1956, L.N. 277/1956, L.N. 87/1964, Sch.]

APPENDIX

Particulars of Result of Examination of Fittings of Steam Receivers of the types specified in Part A of the Exceptions from the Requirements of section 38 of the Factories Act.

PART B

The types of air receiver specified in the first column hereunder are excepted from the requirements of section 39 of the Act specified in the second column hereunder, subject however to the conditions and limitations set opposite thereto in the third column hereunder.

[L.N. 278/1956, L.N. 279/1956.]

FACTORIES (CELLULOSE SOLUTIONS) RULES

ARRANGEMENT OF RULES

PART I – PRELIMINARY

1.

Citation.
2.

Interpretation.
3.

Application.
4.

Duties.

PART II – DUTIES OF OCCUPIERS

5.

Notice of use or storage of cellulose solutions.
6.

Construction of cellulose cabinets, cellulose spaces and ventilating ducts.
7.

Ventilation.
8.

Precautions against ignition of cellulose solutions, inflammable liquids and solid residues.
9.

Means of escape in case of fire.
10.

Disposal of waste materials.
11.

Removal of solid residues.
12.

Storage of cellulose solutions and inflammable liquids.
13.

Cellulose solutions and inflammable liquids in workrooms.

PART III – DUTIES OF PERSONS EMPLOYED

14.

Prohibition of smoking, open lights, etc.
15.

Disposal of waste materials.
16.

General.

FACTORIES (CELLULOSE SOLUTIONS) RULES
[L.N. 231/1957, L.N. 87/1964, L.N. 514/1990.]

RULES UNDER SECTION 55

PART I – PRELIMINARY
1.
Citation

These Rules may be cited as the Factories (Cellulose Solutions) Rules.
4.
Duties

It shall be the duty of the occupier of any factory to which these Rules apply to observe Part II of these Rules; and it shall be the duty of every person employed in such a factory to observe Part III of these Rules.
PART II – DUTIES OF OCCUPIERS
6.
Construction of cellulose cabinets, cellulose spaces and ventilating ducts
(1)

Every cellulose cabinet shall be completely closed except in so far as openings are necessary for the purposes of the work or for the operation of the ventilating apparatus required by rule 7 of these Rules.
(2)

Every cellulose space shall be separated by enclosure from every other part of the building or room except in so far as openings are necessary for the purposes of the work or for the operation of the ventilating apparatus required by rule 7 of these Rules.
(3)

Every cellulose cabinet, and all walls, partitions, doors, windows, floors, tops and ceilings enclosing or forming part of the enclosure of any cellulose space, shall be constructed of fire-resisting material:

Provided that the provisions of this paragraph shall not apply to any tops or ceilings of single-storey buildings or of top floor rooms, or any outside walls, doors or windows, other than any of the aforesaid parts of a building in respect of which the Minister specially directs that the said provisions shall apply.
(4)

All ducts, trunks or casings used in connexion with the means of ventilation required by rule 7 of these Rules shall be constructed of fire-resisting material:

Provided that such ducts, trunks or casings made of iron or steel may be of a thickness less than 16 Imperial Standard Wire Gauge.
7.
Ventilation
(1)

Every cellulose cabinet or cellulose space shall be adequately ventilated by mechanical means so as to remove as completely as possible from the building any vapours of cellulose solutions or inflammable liquids, and to prevent their escape into any occupied room or work place; such ventilation shall be kept in full operation for a period of at least five minutes after the cessation of any process in the manipulation or use of cellulose solutions or inflammable liquids.
(2)

Where cellulose solutions are applied by spraying apparatus, arrangements shall, as far as practicable, be made so as to render it unnecessary for the person operating the spray to be in a position between the ventilating outlet and the article being sprayed.
8.
Precautions against ignition of cellulose solutions, inflammable liquids and solid residues
(1)

No fire, flame, open light or other agency likely to ignite cellulose solutions or inflammable liquids or the vapours thereof shall be allowed within twenty feet of any cellulose cabinet, cellulose space, cellulose store or storage tank unless effectively separated therefrom by means of intervening fire-resisting material.

(2)

All heating and electrical apparatus (including lamp fittings and resistances) liable to attain a temperature of 180° Fahrenheit shall be so situated or so protected as to prevent the deposition thereon of any solid residues resulting from the manipulation or use of cellulose solutions.
9.
Means of escape in case of fire

Adequate means of escape in case of fire, including a sufficient number of safe exits not fewer than two in number, shall be provided and maintained for every room in which a cellulose cabinet is situated and for every cellulose space, and such exits shall be so constructed as to open outwards.
10.
Disposal of waste materials

Cotton waste, cleaning rags or similar material liable to spontaneous combustion shall, after use, be deposited without delay in metal containers with covers; all such containers shall be emptied at the end of the day’s work and their contents disposed of in a safe manner.
11.
Removal of solid residues
(1)

Effective steps shall be taken to remove any solid residues resulting from the manipulation or use of cellulose solutions from all cellulose cabinets and cellulose spaces, and also from all ducts, trunks, casings or fans used in connexion therewith, and such residues shall be disposed of in a safe manner.
(2)

No such removal shall be effected by scraping with iron or steel implements.
12.
Storage of cellulose solutions and inflammable liquids

All stocks of cellulose solutions or inflammable liquids shall be kept in—

(a)

fixed storage tanks of safe construction and in safe positions, each such tank being separately and effectively earthed; or
(b)

metal drums, cans or similar vessels situated in cellulose stores, which shall either be constructed of fire-resisting material or be in safe positions not less than thirty feet from any occupied building and to which no unauthorized person shall be allowed to have access.

13.
Cellulose solutions and inflammable liquids in workrooms
(1)

The quantity of cellulose solutions or inflammable liquids in any workroom shall be kept as small as practicable having regard to the work carried on, and shall not, in any case, exceed the estimated requirements for one day’s work; such cellulose solutions or inflammable liquids shall, when not in actual use, be kept in a metal cupboard or other receptacle at least as safe.
(2)

All drums, cans or similar vessels containing cellulose solutions or inflammable liquids shall be kept securely closed when the contents are not in actual use, and shall, after the contents have been expended, be removed without delay to a store constructed or situated in accordance with rule 12 of these Rules, or to some other place, outside the building, at least as safe.

PART III – DUTIES OF PERSONS EMPLOYED
14.
Prohibition of smoking, open lights, etc.
(1)

No person shall smoke in any room in which a cellulose cabinet is situated, or in any cellulose space, or in any cellulose store, or within twenty feet of any cellulose store or storage tank unless he is effectively separated from the cellulose store or tank by fire-resisting material.
(2)

All persons employed shall observe the requirements of paragraph (1) of rule 8 of these Rules.
15.
Disposal of waste materials

Any person using cotton waste, cleaning rags or similar material shall comply with the requirements of rule 10 of these Rules.
16.
General

Every person who is engaged in the manipulation or use of cellulose solutions or inflammable liquids shall make full and proper use of the ventilating and other appliances provided for the purposes of these Rules, shall report forthwith to the occupier, manager or other responsible person any defect in the same, and shall observe such directions as may be given to him with a view to carrying out these Rules.

FACTORIES (DOCKS) RULES

ARRANGEMENT OF RULES

PART I – PRELIMINARY

1.

Citation.
2.

Application.
3.

Interpretation.
4.

Classification of ships.
5.

Exemptions.
6.

Duties.

PART II – FACILITIES ON SHORE

7.

Means of approach over dock, wharf or quay.
8.

Lighting.
9.

Means of rescue from drowning.
10.

First-aid boxes and cupboards.
11.

Stretchers.
12.

Provision of ambulance.
13.

Ambulance rooms.
14.

Notices as to first-aid appliances.
15.

Sanitary conveniences and washing facilities.
16.

Drinking water.

PART III – GENERAL PROVISIONS AS TO SAFETY ON BOARD SHIP

17.

Means of access from ship to shore and shore to ship.
18.

Means of access from ship to ship.
19.

Means of access to holds, etc.
20.

Lifting gear for hatch beams.
21.

Marking of hatch coverings and hatch beams.
22.

Maintenance of hatch beams and hatch coverings.
23.

Provision of hand grips, etc., on hatch coverings.
24.

Working space around hatches.
25.

Lighting of ships.

PART IV – LIFTING MACHINERY, PLANT AND EQUIPMENT

26.

Lifting machinery.
27.

Lifting tackle.
28.

Ropes.
29.

Competent persons.
30.

Register of lifting machinery and lifting tackle.
31.

Marking of safe working loads on pulley blocks.
32.

Marking of safe working loads on slings.
33.

Marking of safe working loads on cranes and derricks.
34.

Fencing of machinery and plant.
35.

Special provisions regarding conveyors.
36.

Stability of lifting appliances.
37.

Cranes and winches—prevention of accidental descent of load.
38.

Access to and fencing of crane platforms.
39.

Steam cranes and winches.
40.

Precautions with respect to the use of chains and ropes.
41.

Pallets and cargo trays.

PART V – PROVISIONS AS TO SHIPS OF CLASSES 2 AND 3

42.

Keeping of registers, etc., by Class 2 ships.
43.

Requirements on first visits of Class 3 ships.

PART VI – GENERAL PRECAUTIONS IN CONDUCTING THE PROCESSES

44.

Disposition of goods on wharf or quay.
45.

Use of deck-stages, hand trucks, etc.
46.

Fencing or covering of hatches.
47.

Securing of hatch beams.
48.

Work at intermediate decks.
49.

Work on skeleton decks.
50.

Stacking of cargo.
51.

Means of escape from holds, etc.
52.

Restrictions on use of hooks.
53.

Use of signallers.
54.

Overloading of machinery, and use of coupled derricks.
55.

Drivers of cranes or winches and signallers.
56.

Ventilation.
57.

Precautions where dangerous fumes liable to be present.
58.

Protection against dust.
59.

Provision of protective clothing.
60.

Transport to or from ship by water.

PART VII – GENERAL DUTIES AS TO USE AND MAINTENANCE OF SAFETY APPLIANCES, ETC.

61.

Prohibition of removal or interference with safety appliances.
62.

Prohibition of removal of fencing.
63.

Use of means of access.
64.

Prohibition as to going on beams.
65.

Prohibition as to riding on conveyors.

PART VIII – SPECIAL DUTIES

66.

Duty of master as to hold which has been fumigated.
67.

Duty of employer as to use of machinery.
68.

Duty of employer as to means of access and lighting.
69.

Prescribed register.

SCHEDULES

FIRST SCHEDULE—

PORTS AND HARBOURS TO WHICH THE RULES APPLY
SECOND SCHEDULE—

MANNER OF TEST AND EXAMINATION BEFORE TAKING LIFTING MACHINERY AND GEAR INTO USE
THIRD SCHEDULE—

MANNER OF HEAT-TREATMENT OF CHAINS, RINGS, HOOKS, SHACKLES AND SWIVELS
FOURTH SCHEDULE—

STANDARD FOR FIRST-AID BOXES
FIFTH SCHEDULE—

PRESCRIPTION OF REGISTER AND FORMS

FACTORIES (DOCKS) RULES
[L.N. 306/1962, L.N. 514/1990.]
PART I – PRELIMINARY
1.
Citation

These Rules may be cited as the Factories (Docks) Rules.
2.
Application

Save as hereinafter provided, these Rules shall apply to the process of loading, unloading, moving and handling goods in, on or at any dock, wharf or quay in any port or harbour specified in the First Schedule to these Rules, and to the processes of loading and unloading of any ship in any such port or harbour.
3.
Interpretation

In these Rules, except where the context otherwise requires—

the expression “coupled derricks” has the same meaning as “married gear” and “Union Purchase”;

“hatch” means an opening in a deck used for the purpose of the processes or for trimming, or for ventilation;

“hatchway” means the whole space within the square of the hatches, from the top deck to the bottom of the hold;

“lifting machinery” means masts and mast stays, cranes, winches, hoists, derrick booms, derrick and mast bands, goose necks and eyebolts and all other permanent attachments to the derricks, masts and decks, used in hoisting or lowering in connexion with the processes;

“person employed” means a person employed in the processes;

“processes” means the processes mentioned in rule 2 of these Rules, or any of them;

“plant” includes any gangway, ladder, cargo stage, deck stage, hatch covering or hatch beam;

“pulley block” means pulley, block, gin and similar gear, other than a crane block especially constructed for use with a crane to which it is permanently attached;

“ship” includes every description of vessel used in navigation not propelled by oars;

“the Docks Regulations” means the Docks Regulations 1934 (S.R. & O. 1934) made under the Factory and Workshop Act 1901 (Act No. 279) of the United Kingdom, as from time to time amended;

“vessel” includes any ship or boat, or any other description of vessel used in navigation.
5.
Exemptions
(1)

Nothing in rule 19(2) and (3) and nothing in Part IV of these Rules shall apply to machinery and plant carried on board—

(a)

a ship of Class 2; or
(b)

a ship of Class 3 visiting a Kenya port for the first and second time after the commencement of these Rules:

Provided that this exemption shall not apply on the occasion of the second visit if the period between the aforesaid visits exceeds six weeks.
(2)

Nothing in Parts III to VIII inclusive of these Rules shall apply to the unloading of fish from a ship employed in the catching of fish.
(3)

Nothing in rules 17, 18, 19, 20, 21, 23, 24, 46(1) and 64 of these Rules shall apply to a barge or lighter.
(4)

Nothing in these Rules shall apply to the loading or unloading of naval ships when such loading or unloading is undertaken solely by members of the armed forces.
6.
Duties
(1)

It shall be the duty of the person having the general management and control of a dock, wharf, or quay to comply with Part II of these Rules:

Provided that—

(i) if any other person has the exclusive right to occupation of any part of the dock, wharf or quay, and has the general management and control of such part, the duty in respect of that part shall devolve upon that other person; and
(ii) it shall be the duty of the employer of the persons employed to comply with rule 16 of these Rules in so far as they apply to persons employed on board a ship not lying at a wharf or quay.
(2)

It shall be the duty of the owner, master, or officer in charge of a ship to comply with Part III of these Rules.
(3)

In the case of machinery or plant which is—

(a)

carried on board a ship of Class 1; or
(b)

not carried on board a ship,

being machinery or plant used in the processes, it shall be the duty of the owner thereof to comply with Part IV of these Rules, and in the case of machinery or plant carried on board a ship of Class 3, it shall also be the duty of the master of such ship to comply with that Part:

Provided that it shall be the duty of the person who by himself, his agents, or workmen carries on the processes to comply with rule 36(3) of these Rules so far as they relate to the stability of any mobile crane used by him and under his control.
(4)

It shall be the duty of the master or officer in charge of a ship to comply with Part V of these Rules.
(5)

It shall be the duty of every person who by himself, his agents or workmen carries on the processes, and of all agents, workmen and persons employed by him in the processes, to comply with Part VI of these Rules:

Provided that, where the processes are carried on by a stevedore or other person other than the owner of the ship, it shall be the duty of the owner, master or officer in charge of the ship to comply with rule 46 of these Rules, so far as it concerns—

(i) any hatch not taken over by the said stevedore or other person for the purpose of the processes;
(ii) any hatch which, after having been taken over by the said stevedore or other person for the purpose of the processes, being a hatch at which the processes have been completed or completed for the time being, has been left by the said stevedore fenced or covered as required by rule 46 of these Rules, or has been taken into use by or on behalf of the owner of the ship; and
(iii) the covering of any hatch fitted with a mechanically operated cover the control of which is solely within the responsibility of the owner, master or officer in charge of the ship.
(6)

It shall be the duty of all persons, whether owners, occupiers or persons employed, to comply with Part VII of these Rules.
(7)

Part VIII of these Rules shall be complied with by the persons on whom the duty is placed in that Part.
PART II – FACILITIES ON SHORE
7.
Means of approach over dock, wharf or quay

Every regular approach over a dock, wharf or quay which persons employed have to use for going to or from a working place at which the processes are carried on and every such working place on shore shall be maintained with due regard to the safety of the persons employed; and in particular—

(a)

the following parts shall, as far as is practicable having regard to the traffic and working, be securely fenced so that the height of the fence shall in no place be less than three feet, and the fencing shall be maintained in good condition ready for use—

(i) all breaks, dangerous corners, and other dangerous parts or edges of a dock, wharf or quay; and
(ii) both sides of such footways over bridges, caissons and dock gates as are in general use by persons employed, and each side of the entrance at each end of such footway for a sufficient distance which need not exceed five yards; and
(iii) the edges of all ditches, pits, dangerous openings and excavations, but no if secure covering is provided and maintained;
(b)

the edge or coping of every dock, wharf or quay shall be properly maintained.
8.
Lighting

All places on shore at which persons employed are employed, and any dangerous parts of the regular road or way over a dock, wharf or quay forming the approach to any such place from the nearest highway, shall be efficiently lighted.
10.
First-aid boxes and cupboards
(1)

A sufficient number of first-aid boxes or cupboards of the standard set out in the Fourth Schedule to these Rules shall be provided at every working place and, if more than one is provided, at reasonable distances from each other.
(2)

Nothing except appliances or requisites for first-aid shall be kept in a first-aid box or cupboard.
(3)

A first-aid box or cupboard shall be kept stocked and in good order and shall be placed under the charge of a responsible person, who shall always be readily available during working hours; and such person shall, except at docks, wharves or quays at which the total number of persons employed at any time does not exceed fifty, be a person proficient in first-aid.
11.
Stretchers

There shall be provided and maintained at every dock, wharf or quay, and so as to be readily accessible, a sufficient number of stretchers so constructed as to enable an injured person to be raised from a hold and further transported in a safe manner.
14.
Notices as to first-aid appliances

Notices shall be exhibited in prominent positions at every dock, wharf or quay stating—

(a)

the position of each first-aid box and the place where the person in charge thereof can be found;
(b)

the position of each stretcher; and
(c)

the position of the ambulance carriage and boat or, where such is not provided, the position of the nearest telephone and the name and telephone

number of the hospital or other place from which such carriage or boat may be obtained.
15.
Sanitary conveniences and washing facilities

There shall be provided, maintained and kept clean at every dock, wharf or quay so as to be readily accessible to the persons employed—

(a)

a sufficient number of suitable sanitary conveniences in respect of which effective provision shall, if practicable, be made to provide adequate lighting; and
(b)

adequate and suitable washing facilities.
16.
Drinking water

An adequate supply of wholesome drinking water shall be provided and maintained at suitable points conveniently accessible to all persons employed; and a drinking water supply shall, in such cases as an inspector may direct, be clearly indicated by a notice in English and in such other languages as the inspector may require.
PART III – GENERAL PROVISIONS AS TO SAFETY ON BOARD SHIP
17.
Means of access from ship to shore and shore to ship

If a ship is lying at a wharf or quay for the purpose of loading or unloading, there shall be safe means of access for the use of persons employed at such times as they have to pass from the ship to the shore or from the shore to the ship as follows—

(a)

where reasonably practicable, the ship’s accommodation ladder or a gangway or a similar construction not less than twenty-two inches wide, properly secured, and fenced throughout on each side to a clear height of two feet nine inches by means of upper and lower rails, taut ropes or chains or by other equally safe means;
(b)

in other cases, a ladder of sound material and adequate length which shall be properly secured to prevent slipping:

Provided that—

(i) nothing in this Rule shall apply to cargo stages or cargo gangways if other proper means of access is provided in conformity with these Rules; and
(ii) as regards any ship not exceeding 200 tons net registered tonnage, this Rule shall not apply if and while the conditions are such that it is possible without undue risk to pass to and from the ship without the aid of any special appliances.
18.
Means of access from ship to ship
(1)

If a ship is alongside any other ship, and persons employed have to pass from one to the other, safe means of access shall be provided for their use, unless the conditions are such that it is possible to pass from one to the other without undue risk without the aid of any special appliance.
(2)

If one of such ships is a ship of relatively low freeboard, the means of access shall be provided by the ship which has the higher freeboard.
20.
Lifting gear for hatch beams

All hatch beams used for hatch covering shall have suitable gear for lifting them on and off without it being necessary for any person to go upon them to adjust such gear.
21.
Marking of hatch coverings and hatch beams
(1)

All hatch coverings shall be kept plainly marked to indicate the deck and hatch to which they belong and their position therein:

Provided that this Rule shall not apply in cases where all the hatch coverings of a ship are interchangeable or, in respect of marking of position, where all hatch coverings of a hatch are interchangeable.
(2)

This Rule shall apply to hatch beams as it applies to hatch coverings.
22.
Maintenance of hatch beams and hatch coverings

All hatch beams used for hatch coverings and all hatch coverings shall be maintained in good condition.
23.
Provision of hand grips, etc., on hatch coverings

All hatch coverings shall be provided with suitable means for lifting them on and off as follows—

(a)

adequate hand grip; or
(b)

if the size, weight or construction of the hatch coverings is such as to render them incapable of being lifted into and out of position by two men, such means shall consist of adequate provision for the attachment of a sling.
24.
Working space around hatches

Where the working space around a hatch is less than three feet wide, such provision shall be made as will enable persons employed to remove and replace in safety all hatch beams used for hatch covering and all hatch coverings.
25.
Lighting of ships

When the processes are being carried on—

(a)

the places in the hold and on the deck where work is being carried on;
(b)

the means of access provided in pursuance of rules 17 and 18 of these Rules; and
(c)

all parts of the ship to which persons employed may be required to proceed in the course of their employment, shall be efficiently lighted, due regard being had to the safety of the ship and cargo, of all persons employed and of the navigation of other vessels.
PART IV – LIFTING MACHINERY, PLANT AND EQUIPMENT
26.
Lifting machinery
(1)

All lifting machinery shall have been tested and examined by a competent person in the manner set out in the Second Schedule to these Rules before being taken into use.
(2)

All masts and mast stays, and all derricks and permanent attachment, including bridle chains, to the derrick, mast and deck, used in hoisting or lowering, shall be inspected by a competent person once in every twelve months and be thoroughly examined by a competent person once at least in every four years.
(3)

All other lifting machinery shall be thoroughly examined by a competent person once at least every twelve months.
(4)

For the purposes of this Rule, thorough examination means a visual examination, supplemented if necessary by other means such as a hammer test, carried out as carefully as the conditions permit, in order to arrive at a reliable conclusion as to the safety of the parts examined; and, if necessary for the purpose, parts of the machines and gear must be dismantled.
28.
Ropes
(1)

No rope shall be used in hoisting or lowering unless—

(a)

it is of suitable quality and free from patent defect; and
(b)

in the case of wire rope, it has been examined and tested by a competent person in the manner specified in the Second Schedule to these Rules.
(2)

Every wire rope in general use for hoisting or lowering shall be properly maintained and shall be inspected by a responsible person once at least in every three months, and after any wire has broken in such rope it shall be inspected once at least in every month.
(3)

No wire rope shall be used in hoisting or lowering if in any length of eight diameters the total number of visible broken wires exceeds 10 per cent of the total number of wires, or the rope shows signs of excessive wear, corrosion or other defect which, in the opinion of the person who inspects it, renders it unfit for use.
(4)

A thimble or loop splice made in any wire rope shall have at least three tucks with a whole strand of the rope and two tucks with one half of the wires cut out of each strand; and strands in all cases shall be tucked against the lay of the rope:

Provided that this Rule shall not prevent the use of another form of splice or fastening which can be shown to be as efficient as that laid down in this Rule.
31.
Marking of safe working loads on pulley blocks

No pulley block shall be used in hoisting or lowering unless the safe working load is clearly stamped upon it.
32.
Marking of safe working loads on slings

Means shall be provided to enable any person using a chain or wire rope sling to ascertain the safe working load for such chain or sling under such conditions as it may be used, and as regards—

(a)

chain slings, such means shall consist of marking the safe working load in plain figures or letters upon the sling or upon a tablet or ring of durable material attached securely thereto;
(b)

wire rope slings, such means shall consist of either the means specified in paragraph (a) of this Rule or a notice or notices, so exhibited as to be easily read by any person concerned, stating the safe working loads for the various sizes of wire rope slings used.
33.
Marking of safe working loads on cranes and derricks

Every crane and derrick shall have the safe working load plainly marked upon it, and every shore crane if so constructed that the safe working load may be varied by the raising or lowering of the jib or otherwise, shall have attached to it an automatic indicator of safe working loads, provided that, in cases where the jib may be raised or lowered, provision on the crane of a table showing the safe working loads at the corresponding inclinations or radii of the jib shall be considered sufficient compliance.
34.
Fencing of machinery and plant
(1)

All motors, cog-wheels, chain and friction gearing, shifting, live electric conductors and steam pipes shall be securely fenced so far as is practicable without impeding the safe working of the ship.
(2)

The nips between the belt and the end drums of every belt conveyor shall be securely fenced.
(3)

All fencing provided in pursuance of paragraphs (1) and (2) of this Rule shall be of substantial construction, and shall be constantly maintained and kept in position while the parts required to be fenced are in motion or in use:

Provided that the requirements of this Rule shall not apply to any parts of machinery if it can be shown that such parts are equally safe to every person employed as they would be if securely fenced.
35.
Special provisions regarding conveyors
(1)

Every conveyor, including roller conveyors and chutes, used in the processes shall be of good construction, sound material and adequate strength, and shall be free from patent defect.
(2)

Every conveyor driven by mechanical power shall be provided with efficient means for cutting off the power in an emergency; such means shall be provided at loading and unloading points and, where necessary, at a sufficient number of other convenient positions.
(3)

Where a conveyor passes over any place where persons employed are employed, the sides of the conveyor shall be provided with adequate guards or screens to prevent the fall of goods or material, unless the conveyor is so placed, enclosed or constructed as to make the provision of such guards or screens unnecessary for the protection of the persons employed.
36.
Stability of lifting appliances
(1)

Appropriate measures shall be taken to prevent the foot of a derrick being accidentally lifted out of its socket or support.
(2)

Every mobile crane shall be adequately counterbalanced in order to reduce to a minimum the risk of overtuning.
(3)

No mobile crane shall be used on a soft or uneven surface or on a slope in circumstances in which the stability of the appliance is likely to be affected unless adequate precautions are taken to ensure its stability.
37.
Cranes and winches — prevention of accidental descent of load
(1)

Every crane or winch shall be so constructed, or shall be provided with such means, as to reduce to a minimum the risk of the accidental descent of a load while being raised or lowered; and in particular—

(a)

the lever controlling the reversing gear shall be provided with a suitable spring or other locking arrangement, unless the construction of the crane or winch is such as to render the provision of such a device unnecessary; and
(b)

in the case of a crane or winch driven by an internal combustion engine or by electricity, such crane or winch shall be so constructed as to prevent; in the event of the power failing, the accidental descent of the load.
(2)

Every crane or winch shall be provided with an efficient brake.
38.
Access to and fencing of crane platforms

The driver’s platform on every crane or tip driven by mechanical power shall be provided with safe means of access and every such platform from which a person is liable to fall a distance of more than four feet shall be securely fenced; and in particular, where access is by ladder—

(a)

the sides of the ladder shall extend to a reasonable distance beyond the platform or some other suitable handhold shall be provided; and
(b)

the landing place on the platform shall be maintained free from obstruction; and
(c)

in cases where the ladder is vertical and exceeds thirty feet in height, a resting place shall be provided approximately midway between the platform and the foot of the ladder.
39.
Steam cranes and winches

Adequate measures shall be taken to prevent exhaust steam from, and so far as is practicable live steam to, any crane or winch obscuring any part of the decks, gangways, stages, wharf or quay where any person is employed in the processes.
40.
Precautions with respect to the use of chains and ropes
(1)

Chains shall not be shortened by tying knots in them.
(2)

Suitable packing shall be provided to prevent wire ropes, fibre ropes and the links of chains coming into contact with sharp edges of loads of hard material.
41.
Pallets and cargo trays

Every pallet, cargo tray or similar appliance used in raising or lowering goods shall be of good construction, sound material and adequate strength, shall be suitable for the purpose for which it is used and shall be properly maintained.
PART V – PROVISIONS AS TO SHIPS OF CLASSES 2 AND 3
42.
Keeping of registers, etc., by Class 2 ships

In the case of a ship of Class 2—

(a)

the following documents shall be kept on board and shall be produced on the application of an inspector—

(i) a copy of the regulations applicable to the lifting machinery and plant used in the processes and carried on board the ship together with, in the case of regulations in any language other than English, an English translation thereof;
(ii) current certificates of test of such lifting machinery and plant made in conformity with those regulations; and
(iii) a register of such lifting machinery and plant as required by those regulations or as prescribed;
(b)

the register shall be properly kept and the various items of lifting machinery and plant to which it relates shall be readily identifiable therefrom;
(c)

all lifting machinery and plant used in the processes shall be maintained in accordance with the regulations applicable thereto and shall be available for inspection by an inspector at any time.
43.
Requirements on first visits of Class 3 ships

In the case of a ship of Class 3, which first visits and subsequently visits a Kenya port within a period of six weeks after the commencement of these Rules, all lifting machinery and plant used in the processes and carried on board the ship shall be of sound construction, free from patent defect, properly maintained and in all respects suitable for the purpose for which it is intended.
PART VI – GENERAL PRECAUTIONS IN CONDUCTING THE PROCESSES
44.
Disposition of goods on wharf or quay

Where goods are placed on a wharf or quay—

(a)

a clear passage leading to the means of access to the ship required by rule 17 of these Rules shall be maintained on the wharf or quay; and
(b)

if any space is left along the edge of the wharf or quay, it shall be at least three feet wide and clear of all obstructions other than fixed structures, plant and appliances in regular use.
45.
Use of deck-stages, hand trucks, etc.
(1)

No deck-stage or cargo-stage shall be used in the processes unless it is soundly constructed and adequately supported and, where necessary, securely fastened.
(2)

No truck shall be used for carrying cargo between ship and shore on a stage so steep as to be unsafe.
(3)

Any stage which is slippery shall be made safe by the use of sand or otherwise.
46.
Fencing or covering of hatches
(1)

If any hatch of a hold accessible to any person employed and exceeding five feet in depth, measured from the level of the deck in which the hatch is situated to the bottom of the hold, is not in use for the passage of goods or other material, or for trimming, and the coamings are less than two feet six inches in height, such hatch shall either be fenced to a height of three feet or be securely covered:

Provided that this requirement shall not apply—

(i) to ships not exceeding 200 tons net registered tonnage which have only one hatchway;
(ii) to any ship during meal times or other short interruptions of these Rules.
(2)

Hatch coverings shall not be used in the construction of deck or cargo stages, or for any other purpose which may expose them to damage.
(3)

Hatch coverings shall be replaced on the hatches in the positions indicated by the markings made thereon in pursuance of rule 21 of these Rules.
47.
Securing of hatch beams
(1)

The beams of any hatch in use for the processes shall, if not removed, be adequately secured to prevent their displacement or the displacement of any hatch coverings supported by them.
(2)

Hatch beams and hatch coverings shall, when they are removed from a hatch, be so stacked or secured as not to cause danger to persons passing along the deck, working in the hold or overside; and in particular, if the construction of the ship so allows, a clear working space at least three feet wide shall be maintained between hatch coverings and hatch beams which have been so removed and the side of the hatch coaming.
(3)

Roller or hinged hatch covers when stowed in the vertical position shall be adequately secured by lashings or other effective means.
48.
Work at intermediate decks

No cargo shall be loaded or unloaded by a fall or sling at any intermediate deck unless either the hatch at that deck is securely covered or a secure landing platform of a width not less than that of one section of hatch coverings has been placed across it:

Provided that this rule shall not apply to any process of unloading the whole of which will be completed within a period of half an hour.
49.
Work on skeleton decks

When work is proceeding on any skeleton deck, adequate staging shall be provided unless the space beneath the deck is filled with cargo to within a distance of two feet of such deck.
50.
Stacking of cargo

Where stacking, unstacking, stowing or unstowing of cargo or handling in connexion therewith cannot be safely carried out unaided, reasonable measures to guard against accident shall be taken by shoring or otherwise.
51.
Means of escape from holds, etc.

Precautions shall be taken to facilitate the escape of the workers when employed in a hold or on ‘tween decks in dealing with bulk cargo.
52.
Restrictions on use of hooks
(1)

When the working space in a hold is confined to the square of the hatch, hooks shall not be made fast in the bands of fastenings of bales of cotton, jute, sisal, gunny bags or other similar goods, nor shall can hooks be used for raising or lowering a barrel when, owing to the construction or condition of the barrel or of the hooks, their use is likely to be unsafe.
(2)

Nothing in this Rule shall apply to breaking out or making up slings.
53.
Use of signallers

When cargo is being loaded or unloaded by a fall at a hatchway, a signaller shall be employed, and where more than one fall is being worked at a hatchway a separate signaller shall be employed to attend to each fall:

Provided that this Rule shall not apply in cases where a ship is being loaded or unloaded if the driver of the crane or winch working the fall has a clear and unrestricted view of those parts of the hold where work is being carried on.
54.
Overloading of machinery, and use of coupled derricks
(1)

No lifting machinery, chains or other lifting appliance shall be loaded beyond the safe working load, except that a crane may be loaded beyond the safe working load in exceptional cases to such extent and subject to such conditions as may be approved by the engineer in charge or other responsible person, if on each occasion—

(a)

the written permission of the owner or his responsible agent has been obtained; and
(b)

a record of the overload is kept:

Provided that, where the load upon a single sheave pulley block is attached to the pulley block instead of to the chain or rope passing round the sheave, the load on the pulley block shall be deemed for the purposes of this Rule to be half the actual load.
(2)

No load shall be left suspended from a crane, winch or other machine unless there is a responsible person actually in charge of the machine while the load is so left.
(3)

Where two derricks are used as coupled derricks for the purpose of hoisting or lowering goods—

(a)

the load shall not exceed one half of the safe working load of the derrick having the lower lifting capacity; and
(b)

there shall be used, in addition to the outer guy of each of the two derricks so coupled and as nearly parallel to such outer guy as possible, a wire rope preventer guy which shall be of adequate strength and securely attached to the head of the derrick and to a suitable deck fastening.
55.
Drivers of cranes or winches and signallers

No person who is not sufficiently competent and reliable shall be employed to drive a crane or winch, whether driven by mechanical power or otherwise, or to give signals to a driver or to attend to cargo falls on winchends or winch-bodies.
56.
Ventilation

In every hold or compartment in which cargo is being worked, effective and suitable provision shall, if necessary, be made for securing and maintaining by the circulation of fresh air the adequate ventilation of the hold or compartment.
57.
Precautions where dangerous fumes liable to be present

Where work has to be done in any hold or compartment in which dangerous fumes are liable to be present or in which there is reasonable cause to believe that the atmosphere may be deficient in oxygen to such extent as to endanger life—

(a)

no person employed shall enter the hold or compartment for any purpose unless the following requirements are complied with—

(i) all practicable steps shall be taken to remove any fumes which may be present or, as the case may be, by ventilation or otherwise, to render the atmosphere safe and, unless it has been ascertained by a suitable test that the hold or compartment is free from dangerous fumes or is safe to enter, the person entering shall wear a belt to which there is securely attached a rope of which the free end is held by a person outside; or
(ii) the person entering shall wear a suitable respirator of breathing apparatus and shall, in addition, wear a belt to which there is securely attached a rope of which the free end is held a person outside; and
(b)

suitable breathing apparatus and a suitable reviving apparatus and suitable belts and ropes shall be provided and maintained so as to be readily accessible; and
(c)

a sufficient number of persons employed shall be trained and practised in the use of such apparatus and in the method of restoring respiration.
58.
Protection against dust

Where the processes give rise to any substantial quantity of dust of any kind or to dust of such a character and to such extent as to be likely to be injurious to the persons employed, all practicable measures shall be taken to protect the persons employed against the inhalation of such dust, and, if necessary, suitable masks or respirators shall be provided and maintained for the use of persons employed who are exposed to such dust.
59.
Provision of protective clothing

Suitable protective clothing and appliances, including, where necessary, suitable gloves, footwear, goggles and head coverings, shall be provided and maintained for the use of persons employed—

(a)

when engaged in handling any injurious or offensive substance; and
(b)

when working in a refrigerated space.
60.
Transport to or from ship by water

When any person employed has to proceed to or from a ship by water for the purpose of carrying on the processes, proper measures shall be taken to provide for his safe transport; and vessels used for this purpose shall be in charge of a competent person, shall not be overcrowded and shall be properly equipped for safe navigation and maintained in good condition.
PART VII – GENERAL DUTIES AS TO USE AND MAINTENANCE OF SAFETY APPLIANCES, ETC.
61.
Prohibition of removal or interference with safety appliances
(1)

No person shall, unless duly authorized or in case of necessity, remove or interfere with any fencing, gangway, gear, ladder, hatch covering, life-saving means or appliances, lights, marks, stages or other things whatsoever required by these Rules to be provided.
(2)

If removed, such things shall be restored at the end of the period during which their removal was necessary by the persons last engaged in the work that necessitated such removal.
62.
Prohibition of removal of fencing
(1)

The fencing required by rule 7 of these Rules shall not be removed except to the extent and for the period reasonably necessary for carrying on the work of the dock or ship, or for repairing any fencing.
(2)

If removed, the fencing shall be restored forthwith at the end of that period by the person engaged in the work that necessitated its removal.
63.
Use of means of access

Every person employed shall use the means of access provided in accordance with rules 17, 18 and 19 of these Rules, and no person shall authorize or order another to use means of access other than those provided in accordance therewith.
64.
Prohibition as to going on beams

No person shall go upon the fore and aft beams or thwart-ship beams for the purpose of adjusting gear for lifting them on and off or for any other purpose in connexion with the processes, nor shall any person authorize or order another to do so.
65.
Prohibition as to riding on conveyors

No person shall ride upon any conveyor nor shall any person authorize or order another to do so.
PART VIII – SPECIAL DUTIES
66.
Duty of master as to hold which has been fumigated

The master or officer in charge of a ship shall not allow any hold or compartment to be taken into use for the purpose of the processes for the first time subsequent to such hold or compartment having been fumigated, unless a certificate, signed by a qualified person, and stating that such hold or compartment is free from dangerous fumes and is safe to enter, has been obtained and is kept available for inspection.
67.
Duty of employer as to use of machinery

No employer of persons in the processes shall allow machinery or gear to be used by such persons if he knows or has reason to believe that such machinery or gear does not comply with Part IV or Part V of these Rules, as the case may be.
68.
Duty of employer as to means of access and lighting

If the persons whose duty it is to comply with rules 17, 18 and 25 of these Rules fail to do so, then it shall also be the duty of the employers of the persons employed for whose use the means of access and the lights are required to comply with the said rules within the shortest time reasonably practicable after such failure.
69.
Prescribed register

The prescribed register shall, on the application of an inspector, be produced by the person in charge thereof; if it relates to the lifting machinery and other gear of a ship and is kept on the ship, it shall be produced, together with the certificate of the ship’s register, by the person for the time being in charge of the ship.

FIRST SCHEDULE

[Rule 2, L.N. 33/1953.]

PORTS AND HARBOURS TO WHICH THE RULES APPLY

(1)

Mombasa Harbour as defined by the East African Harbour Limits and Compulsory Pilotage Order 1953, E.A.H.C of the High Commission.
(2)

The port of Kisumu.

SECOND SCHEDULE

[Rules 26(1), 27(1) and 28(1)(b), L.N. 514/1990.]

MANNER OF TEST AND EXAMINATION BEFORE TAKING LIFTING MACHINERY AND GEAR INTO USE
1.

Every winch with the whole of the gear accessory thereto (including masts, and mast stays, derricks, goose necks, eye-plates, eye-bolts or other attachments) shall be tested with a proof load which shall exceed the safe working load as follows—

Sale Working Load

Proof Load

Up to 20 tons

25 per cent in excess

20-50 tons

5 tons in excess

Over 50 tons

10 per cent in excess

The proof load shall be applied (i) by hoisting movable weights or (ii) by means of a spring or hydraulic balance or similar appliance, with the derrick at an angle which shall not exceed 15 degrees to the horizontal, or, where this is impracticable, at the lowest practicable angle: the angle at which the test was made shall be stated in the certificate of test. In the former case, after the movable weights have been hoisted, the derrick shall be swung as far as possible in both directions. In the latter case, the proof load shall be applied with the derrick swung as far as practicable first in one direction and then in the other. So far as possible every such test shall be carried out by means of movable weights, and no exception shall be allowed in the case of gear on new ships. In the case of replacements or renewals, however, a spring or hydraulic balance or similar appliance may be used where movable weights are not available where a spring or hydraulic balance or similar appliance is used it shall be accurate, and the test shall not be regarded as satisfactory unless the indicator remains constant for a period of at least five minutes.
2.

Every crane and other lifting machine with its accessory gear shall be tested with a proof load which shall exceed the safe working load as follows—

Sale Working Load

Proof Load

Up to 20 tons

25 per cent in excess.

20-50 tons

5 tons in excess.

Over 50 tons

10 per cent in excess.

The said proof load shall be hoisted and swung as far as possible in both directions. In the case of a jib-crane, if the jib has a variable radius, it shall be tested with a proof load as defined above at the maximum and minimum radii of the jib. In the case of hydraulic cranes or hoists, where, owing to the limitation of pressure, it is impossible to hoist a load 25 per cent in excess of the safe working load, it shall be sufficient to hoist the greatest possible load.
4.

After being tested as aforesaid, all machines with the whole of the gear accessory thereto and all loose gear shall be examined, the sheaves and the pins of the pulley blocks being removed for the purpose, to see that no part is injured or permanently deformed by the test.
5.

In the case of wire ropes, a sample shall be tested to destruction and the safe working load shall not exceed one-fifth of the breaking load of the sample tested.

THIRD SCHEDULE

[Rule 27(2).]

MANNER OF HEAT-TREATMENT OF CHAINS, RINGS, HOOKS, SHACKLES AND SWIVELS

Chains, rings, hooks, shackles and swivels shall, if made of wrought iron, be annealed by being placed in a suitably constructed furnace and heated uniformly until the whole of the metal has attained a temperature between 1,100 degrees Fahrenheit (600 degrees Centigrade) and 1,200 degrees Fahrenheit (650 degrees Centigrade) and, after being so heated, allowed to cool uniformly:

Provided that if the past history of any such gear is not known, the gear shall be normalized by being placed in a suitably constructed furnace and heated until the whole of the metal has attained a temperature between 1,750 degrees Fahrenheit (950 degrees Centigrade) and 1,830 degrees Fahrenheit (1,000 degrees Centigrade) and, after being so heated, allowed to cool uniformly.

After heat-treatment the gear shall be carefully inspected by a competent person, and details of any defects found shall be entered in the prescribed form.

FOURTH SCHEDULE

[Rule 10(1).]

STANDARD FOR FIRST-AID BOXES

First-aid boxes or cupboards shall comply with the following standard—

A. each first-aid box or cupboard shall contain at least—

(i)

a copy of the first-aid leaflet (L.D. 250/1) issued by the Labour Department;
(ii)

a sufficient number (not less than 24) of small sterilized unmedicated dressings for injured fingers;
(iii)

a sufficient number (not less than 12) of medium-sized sterilized unmedicated dressings for injured hands or feet;
(iv)

a sufficient number (not less than 12) of large sterilized unmedicated dressings for other injured parts;
(v)

a sufficient number (not less than 36) of adhesive wound dressings of a suitable type and of assorted sizes;
(vi)

a sufficient number (not less than 8) of triangular bandages of unbleached calico, the longest side of which measures not less than fifty-one inches and each of the other sides not less than thirty-six inches;
(vii)

a sufficient supply of adhesive plaster;
(viii

a sufficient supply of absorbent sterilised cotton wool in half ounce packets;
(ix)

a sufficient supply of Factory Eye Drops, B.P.C.;
(x)

a sufficient number (not less than 8) of sterilized eye-pads in separate sealed packets;
(xi)

a tourniquet;
(xii)

a supply of safety pins;

B. all materials for drugs and dressings contained in first-aid boxes or cupboards shall be those designated in, and of a grade or quality not lower than the standards specified by, the British Pharmaceutical Codex including any supplement thereto;

C. each first-aid box or cupboard shall be plainly marked “FIRST-AID”

FIFTH SCHEDULE

[Rule 30(1).]

PRESCRIPTION OF REGISTER AND FORMS
1.

The register shall be in the form of the register printed and published by the Government Printer-entitled “Register of Machinery, Chains, etc., and Wire Ropes” and bearing the reference “L.D.290”.
2.

The certificate of every test, examination or heat-treatment shall be in the form of, and contain the particulars specified in, forms printed and published by the Government Printer, being forms bearing the reference “L.D.” followed by the numbers respectively set out hereunder in relation thereto, that is to say—

(a)

for the test and examination of masts and mast stays, winches, derricks and accessory gear, before being taken into use ..................................... L.D. 291
(b)

for the test and examination of cranes or hoists, and their accessory gear, before being taken into use ....................................................................... L.D. 292
(c)

for the test and examination of chains, rings, hooks, shackles, swivels and pulley blocks, before being taken into use ................................................. L.D. 293
(d)

for the test and examination of wire rope, before being taken into use ..... L.D. 294
(e)

for the heat-treatment of chains, rings, hooks, shackles and swivels which require such treatment ............................................................................... L.D. 295

Classes of gear exempted from the requirements of rule 27 as to heat-treatment, under rule 27(2), proviso (ii), of the Factories (Docks) Rules—

(a)

chains made of malleable cast iron;
(b)

plate link chains;
(c)

chains, rings, hooks, shackles and swivels made of steel;
(d)

pitched chains;
(e)

rings, hooks, shackles and swivels permanently attached to pitched chains, pulley blocks or weighing machines;
(f)

hooks and swivels having screw-threaded parts or ball bearing or other casehardened parts;
(g)

bordeaux connections,

subject to the condition that such gear shall be thoroughly examined by a competent person once at least in every twelve months, and that certificates in the form printed and published by the Government Printer bearing the reference “L.D. 296” and containing the particulars specified in the said form with regard to such examinations shall be obtained and entered in or attached to the prescribed register before the gear to which the certificate refers is subsequently taken into use in connexion with the processes.

For the purposes of this exemption, thorough examination means a visual examination, supplemented if necessary by other means, carried out as carefully as the conditions permit, in order to arrive at a reliable conclusion as to the safety of the parts examined; and if necessary for the purpose, parts of the gear must be dismantled.

Classes of gear exempted from the requirements of paragraph 3 of the Second Schedule, under paragraph 3 of the Second Schedule to the Factories (Docks) Rules—

(a)

pitched chains used with hand-operated pulley blocks and rings, hooks, shackles or swivels permanently attached thereto;
(b)

hand-operated pulley blocks used with pitched chains and rings, hooks, shackles or swivels permanently attached thereto,

subject to the condition that such gear shall have been tested by a competent person with a proof load at least equal to one and a half times the safe working load.

Order under section 60
FACTORIES (EXTENSION OF APPLICATION) ORDER
[L.N. 405/1957, L.N. 514/1990.]
1.

This Order may be cited as the Factories (Extension of Application) Order.
2.

The provisions of the Act hereafter in this Order mentioned shall apply to any premises (not being premises forming part of a factory or premises to which the application of the Act is extended by section 57 or section 58 of the Act) in which a hoist or lift is used, as if the premises were a factory and as if the person having the actual use or occupation of the premises were the occupier of a factory, that is to say—

(a)

Part I;
(b)

Part II;
(c)

the provisions of Part V with respect to hoists and lifts and steam boilers, steam receivers and steam containers (including the provisions as to exceptions as to hoists, lifts, steam boilers, steam receivers and steam containers), so, however, that the owner of the hoist, lift, steam boiler, steam receiver or steam container shall, instead of the person deemed to be the occupier, be responsible for any contravention of the said provisions in so far as they relate to matters within his control;
(d)

the provisions of Part V with respect to the power of a court to make orders as to dangerous conditions and practices;
(e)

the provisions of Part VII with respect to rules for health, safety and welfare;
(f)

the provisions of Part IX with respect to general registers (so far as applicable) and preservation of registers and records, subject to such modifications as may be made by rules made by the Minister, and the provisions of the said Part with respect to duties of persons employed;
(g)

the provisions of Part X with respect to powers and duties of inspectors, and to rules and orders made under the Act;
(h)

Part XI;
(i)

Part XII:

Provided that, where the premises are in the use or occupation of more than one person, the aforementioned provisions of the Act in so far as they relate to hoists and lifts shall apply to the premises as if the owner of the premises, instead of any other person having the actual use or occupation thereof, were the occupier.
Order under section 61(1)
FACTORIES (FORM OF ABSTRACT) ORDER
[L.N. 547/1956, L.N. 514/1990.]
1.

This Order may be cited as the Factories (Form of Abstract) Order.
2.

The abstract of the Act required to be kept posted in a prominent position in every factory shall be in the form set out in the Schedule to this Order.

SCHEDULE

[Paragraph 2, L.N. 514/1990.]

FACTORIES ACT

ABSTRACT OF THE ACT IN FORM PRESCRIBED BY THE MINISTER

To be kept posted in factories at principal entrances or in such parts as an Inspector may direct

ABSTRACT

HEALTH

1.

Cleanliness.— Every factory must be kept clean. In particular, accumulations of dirt and refuse must be removed daily from floors and benches; the floor of every workroom must be cleaned at least once a week; and all inside walls, partitions and ceilings must (a) if they have a smooth impervious surface, be washed with hot water and soap or cleaned by other approved method every 12 months, or (b) if kept painted with oil paint or varnished, be repainted or revarnished every five years and washed with hot water, etc., every 12 months or (c) in other cases, be whitewashed or colour washed every 12 months. The prescribed particulars must be entered in the general register.
2.

Overcrowding.—A factory must not be overcrowded. There must be in each workroom at least 350 cubic feet of space for every person employed, not counting space more than 14 feet from the floor.
3.

Every workroom (subject to any exceptions allowed) must be not less than nine feet in height, measured from the floor to the lowest point of the ceiling or, where there is no ceiling, to the lowest point of the roofing material.
4.

Ventilation.—Adequate ventilation of workrooms must be secured by the circulation of fresh air.
5.

Lighting.—There must be sufficient and suitable lighting in every part of the factory in which persons are working or passing.
6.

Drainage of Floors.—Where wet processes are carried on, adequate means for draining the floor must be provided.
7.

Sanitary Accommodation.—Sufficient and suitable sanitary conveniences, separate for each sex, must be provided subject to conformity with any standards prescribed by rules.
8.

Removal of Dust or Fumes.—Where, in connexion with any process, dust or fume likely to be injurious or offensive, or any substantial quantity of dust of any kind, is given off, all practicable measures must be taken to protect the workers against inhaling it, and where practicable localized exhaust ventilation must be provided and maintained.
9.

Meals in Certain Dangerous Trades.—A person must not partake of food or drink in workrooms where any poisonous substance is so used as to give rise to dust or fume.
10.

Protective Clothing and Appliances.—Suitable protective clothing and appliances, including, where necessary, suitable gloves, footwear, goggles and head coverings, must be provided and maintained for the use of workers employed in any process involving exposure to wet or to any injurious or offensive substance.

SAFETY
11.

Fencing.—Every part of the transmission machinery and every dangerous part of other machinery, and all parts of electric generators, motors and rotary convertors, and flywheels directly connected to them, must be securely fenced unless in such a position or of such construction as to be as safe to every person employed or working on the premises as if securely fenced; and any part of a stock-bar which projects beyond the head-stock of a lathe must be securely fenced unless it is in such a position as to be as safe to every such person as if securely fenced.
12.

Moving parts of other prime movers, and flywheels directly connected to them, and the head and tail race of a water wheel or water turbine, must be securely fenced irrespective of their position.
13.

Fixed vessels, pits, etc., containing scalding, corrosive or poisonous liquids must, unless the edge is three feet above the adjoining ground or platform, be securely fenced to at least that height or be securely covered; where this is impracticable, other precautions, so far as practicable, must be taken. Fixed vessels, pits, etc., must have a warning notice displayed, in a form readily understood by the persons employed, indicating the nature of the danger.
14.

All fencing must be of substantial construction and be maintained in an efficient state.
15.

Further Requirements in Connection with Transmission Machinery.—Devices or appliances for promptly cutting off the power from the transmission machinery must be provided in every room or place where work is carried on. Every power-driven machine must be provided with an efficient starting and stopping appliance, the control of which must be readily accessible to the person operating the machine. Efficient mechanical appliances must be provided to move driving-belts to and from fast and loose pulleys. Driving-belts must not rest or ride on revolving shafts when the belt is not in use.
16.

New Machines.—New power-driven machines must not be sold, let on hire or used unless certain parts are effectively guarded.
17.

Training and Supervision of Inexperienced Workers.—A person must not work at any dangerous machine or in any dangerous process unless—

(i) he has been fully instructed as to the dangers and precautions, and
(ii) he has received sufficient training in the work or is under adequate supervision.
18.

Protection of Eyes.—Goggles or effective screens must be provided in certain specified processes.
20.

Every hoistway must be efficiently protected by a substantial enclosure and landing gates with efficient interlocking or other devices. The safe working load must be marked conspicuously on each hoist. Additional safeguards (eg. interlocking gates for cages) must be provided on hoists used for carrying persons, whether with goods or otherwise. The requirements are somewhat less stringent in the case of hoists not connected with mechanical power.
23.

A register of all chains, etc., and also the certificates of tests, must be kept.

25.

Rails and tracks of travelling cranes and transporters must be of proper size and construction. If any person is working near the wheel-track of an overhead travelling crane, steps must be taken to ensure that the crane does not approach within 20 feet.
26.

Construction of Floors, Precautions Against Falls, etc.—Floors, passages, gangways, steps, stairs and ladders must be soundly constructed and properly maintained, and handrails must be provided for stairs.
27.

So far as is reasonably practicable, there must be provided—

(i) safe means of access to every place at which any person has at any time to work; and
(ii) fencing or other means for ensuring the safety of any person who is to work at a place from which he would be liable to fall more than ten feet and which does not afford secure foot-hold and, where necessary, secure hand-hold.
28.

Every teagle opening or similar doorway used for hoisting or lowering goods must be fenced (except when the hoisting or lowering is going on at that opening), and be provided with a hand-hold on each side of the opening.
29.

Precautions Against Gassing.—Special precautions are laid down for work in confined spaces where men are liable to be overcome by dangerous fumes.
30.

Explosions of Inflammable Dust or Gas.—Precautions against explosions are laid down for certain processes and for welding or soldering on containers which have held any explosive or inflammable substance.
31.

Steam Boilers, Steam Receivers, etc.—Every part of every steam boiler and steam receiver must be of good construction, sound material and adequate strength, and free from patent defect. Detailed requirements are laid down as to the valves and other fittings. The outlet of every steam container must at all times be kept open and free from obstruction.
32.

Steam boilers and steam receivers and their fittings must be properly maintained, and must be thoroughly examined by an authorised boiler inspector, in the case of boilers every fourteen months and also after extensive repairs, and in the case of steam receivers every twenty-six months. A report of each examination must be attached to the general register. New or second-hand boilers must be examined before being taken into use.
33.

Air Receivers.—Every air receiver and its fittings must be of sound construction and properly maintained. Detailed requirements are laid down as to the fittings.

35.

Fire.—Adequate and suitable means for extinguishing fire must be provided in every factory.
36.

Adequate means of escape in case of fire must be provided. While any person is in the factory for the purpose of employment or meals, doors must not be so locked or fastened that they cannot be easily and immediately opened from the inside. In the case of newly constructed or converted factories, all doors affording a means of exit from the factory must be sliding doors or open outwards. Fire exits must be marked by a notice printed in red letters of adequate size. Effective steps must be taken to ensure that the workers are familiar with the means of escape and the routine to be followed in case of fire.

WELFARE
37.

Drinking Water.—An adequate supply of wholesome drinking water must be provided.
38.

Washing Facilities.—Adequate and suitable washing facilities must be provided and maintained.
39.

Accommodation for Clothing.—Adequate and suitable accommodation for clothing not worn during working hours must be provided.
40.

Facilities for Sitting.—Suitable facilities for sitting must be provided for all female workers whose work is done standing, sufficient to enable them to take advantage of any opportunities for resting.
41.

First-aid.—In every factory there must be provided a first-aid box or cupboard of the prescribed standard, containing nothing except first-aid requisites, and in charge of a responsible person who must be always readily available during working hours. In every workroom a notice must be affixed stating the name of the person in charge of the box or cupboard provided in respect of that room. Where more than 150 persons are employed at one time, an additional box or cupboard for every additional 150 persons or fractions of that number is required.

GENERAL
42.

Duties of Persons Employed.—A person employed must not wilfully interfere with or misuse any means, appliance, convenience or other thing provided in pursuance of the Act for securing health, safety or welfare, and he must use any means or appliance for securing health or safety provided for his use under the Act. He must not wilfully and without reasonable cause do anything likely to endanger himself or others.
44.

General Register.—The occupier must keep a general register in the prescribed form.
45.

Rules for Health, Safety and Welfare.—Rules made for particular industries, processes, plant, etc., must be observed, and printed copies or prescribed abstracts of all such rules in force in any factory must be kept posted in the factory.
46.

Inspection.—Inspectors of factories have power to inspect every part of a factory by day or by night. They may require the production of registers, certificates and other papers. They may examine any person found in the factory, either alone or in the presence of any other person as they think fit, and may require him to sign a declaration of the truth of the matter about which he is examined. They may also exercise such other powers as may be necessary for carrying the Act into effect, including certain powers of taking samples for analysis. Every person obstructing an inspector is liable to a penalty.

Order under section 62(1)

FACTORIES (GENERAL REGISTER) ORDER
[G.N. 973/1951.]
1.

This Order may be cited as the Factories (General Register) Order.
2.

The general register required to be kept in every factory in pursuance of subsection (1) of section 62 of the Act shall be in the form of the register printed and published by the Government Printer and bearing the reference “L.D. Form 206”.

[Rule 30(1).]

FACTORIES AND OTHER PLACES OF WORK (SAFETY AND HEALTH COMMITTEES) RULES

ARRANGEMENT OF RULES

1.

Citation.
2.

Interpretation.
3.

Application.
4.

Formation of Committees.
5.

Organization of the Committee.
6.

Functions and duties of the Committees.
7.

Meetings and minutes of the Committee.
8.

Rules in the Committee.
9.

Duties of the occupier.
10.

Approval of advisers.
11.

Duties of a registered safety and health adviser.
12.

Training of the Committee.
13.

Health and safety audit.
14.

Offence in relation to audit.
15.

Other offences.

FACTORIES AND OTHER PLACES OF WORK (SAFETY AND HEALTH COMMITTEES) RULES, 2004
[L.N. 31/2004.]
1.
Citation

These Rules may be cited as the Factories and Other Places of Work (Safety and Health Committees) Rules, 2004.
2.
Interpretation

In these Rules, except where the context otherwise requires—

“audit” means periodic evaluation of working environment and organizational management systems in a factory or workplace for prevention of accidents, occupational diseases, ill-health or damage to property;

“chairman” means the chairman referred to in rule 5(5);

“Committee” means a Safety and Health Committee established pursuant to section 65A of the Act;

“competent person”, in relation to any duty or function, means a person who has had adequate training, relevant qualifications and experience to enable him to perform that duty or function;

“director” means the Director of Occupational Health and Safety Services appointed under the Act;

“management” means the occupier and the administrative staff of a factory;

“occupational and health and safety officer” means an officer appointed under section 68 of the Act;

“occupier” means the person or persons in actual occupation of a factory, whether as the owner or not;

“regular employee” means a person employed on permanent, temporary, or contract terms, including contractors or suppliers, and “regularly employ” shall be construed accordingly;

“workplace” includes any land, premises, location, vessel or thing at, in, upon, or near which a worker performs his duty in accordance with his contract of employees.
3.
Application

These Rules shall apply to all factories and other workplaces which regularly employ twenty or more employees.
4.
Formation of Committees
(1)

The occupier of every factory or other workplace to which these Rules apply shall establish a Safety and Health Committee in the manner provided in these Rules.
(2)

A Safety and Health Committee shall consist of safety representatives from the management and the workers in the following proportions—

(a)

in the case of factories or other workplaces with between twenty and one hundred regular employees, not less than three safety representatives each from the management and the workers;
(b)

in the case of factories or other workplaces with between one hundred and one thousand regular employees, not less than five safety representatives each from the management and the workers and;
(c)

in the case of factories or other workplaces with one thousand or more regular employees, not less than seven safety representatives each from the management and the workers.
(3)

The occupier shall, not later than six months after the coming into operation or these Rules, appoint a competent person, being a member of the management staff, to be responsible for safety, health and welfare in the factory or workplace.
(4)

The person appointed under subrule (3) shall be the Secretary to the Committee.
5.
Organization of the Committee
(1)

The safety representatives from—

(a)

the management, shall include the occupier or his duly authorized representative, and other persons appointed for the purpose of these Rules by the occupier; and
(b)

the workers, shall be elected in accordance with subrule (2).
(2)

The occupier shall organize and oversee the election of the representatives of the workers on the Committee, following a procedure agreed upon between the occupier and the workers.
(3)

The occupier shall, in overseeing elections under subrule (2), ensure, as far as possible—

(a)

equitable representation of departments or units which are detached from the main office; and
(b)

gender parity.
(4)

Safety representatives shall serve on the Committee for a term of three years and shall be eligible for re-election or re-appointment for one further term.
(5)

The occupier, or the occupier’s duly authorized representative, shall be the chairman of the Committee.
6.
Functions and duties of the Committees

The functions of the Committee shall be to—

(a)

establish a schedule of inspection of the workplace for each calendar year;
(b)

conduct safety and health inspections at lease once in every three months;
(c)

inspect, investigate and make recommendations to the occupier immediately any accident or dangerous occurrence takes place;
(d)

identify occupational hazards and cases of ill-health among workers at the workplace and make appropriate recommendations to the occupier;
(e)

compile statistics of accidents, dangerous occurrences and cases of ill-health as primary data for providing remedial measures, planning and allocation of resources;
(f)

investigate complaints relating to workers’ health, safety and welfare at the workplace and make representations to the occupier on their findings;
(g)

advise on the adequacy or otherwise of safety and health measures for particular hazardous work or activities;
(h)

establish effective communication channels on matters of health and safety between the management and the workers;
(i)

organize such contest or activities necessary for achieving the fulfilment of the mandate of the Committee;
(j)

conduct seminars and workers’ education programmes and provide information for safety, health and welfare at the workplace; and
(k)

carry out any other functions necessary for the promotion of a safe and healthy working environment.
7.
Meetings and minutes of the Committee
(1)

The Committee shall meet not less than four times in every year, and not more than three months shall elapse between the date of one meeting and the date of the next meeting.
(2)

(a) Notwithstanding subrule (1), the chairman shall convene a meeting of

the Committee within twenty-four hours following any accident or other dangerous occurrence, or the outbreak of an unusual illness, at the workplace.
(b)

The minutes of a meeting convened under subparagraph (a) shall be forwarded to the director within seven days from the date of the meeting.
(3)

Without prejudice to the foregoing, the chairman of a Committee may, at any time of his own motion, convene a meeting of the Committee, and shall on the application of at least six members, convene a special meeting of the Committee.
(4)

(a) The quorum of a meeting of the Committee shall be not less than two

thirds of the members representing employees and one third of those representing the management.
(b)

The director or his representative may, on his own initiative or upon invitation by the chairman, attend a meeting of the Committee.
(5)

At least seven days’ written notice of every meeting of the Committee shall be given to every member of the Committee.
(6)

The Committee may invite on an ad hoc basis to its meetings, or interview, any person it believes to have information in relation to any matter which is being considered by the Committee.
(7)

The Committee may co-opt into its membership one or more persons by reason of their particular knowledge or experience in health and safety matters as an advisory member of the Committee, but such co-opted member shall not be entitled to vote.
(8)

The Secretary of the Committee shall in the course of exercising his functions as such, cause a summary of the minutes of every meeting, giving the final decisions and plans of actions arrived at during the meetings, to be posted at a prominent place so as to be easily accessible to the workers.
(9)

The director may require the occupier to furnish his office with a schedule of the meetings of the Committee for each year or part thereof, and the proceedings of the same.
8.
Rules in the Committee

(a)

The chairman of the Committee shall—

(i) preside over all Committee meetings at which he is present;
(ii) keep the members informed of the safety and health policy of the factory or workplace;
(iii) assist the Committee in setting its objectives and its scope of activities; and
(iv) assign responsibilities to members.
(b)

The Secretary to the Committee shall—

(i) arrange and co-ordinate Committee meetings in consultation with the chairman;
(ii) take minutes at Committee meetings;
(iii) maintain an up to date record of the activities of the Committee;
(iv) obtain and analyse statistics for Committee meetings;
(v) co-ordinate and monitor occupational safety and health programmes;
(vi) disseminate safety and health information to members;
(vii) draw up safety and health information to members;
(viii) ensure that all reports arising from the functions of the Committee, from the Director, or persons approved under these Rules or under the Act, are availed to the Committee.
(c)

The members of the Committee shall—

(i) attend all Committee meetings;
(ii) provide feedback to their departments or units on safety, health and welfare issues raised in the meetings;
(iii) set good examples of safe and healthy work practises;
(iv) monitor compliance with safety and health rules in their respective departments or units;
(v) participate in the training of workers in matters related to health and safety;
(vi) carry out any other activities necessary for the promotion of occupational safety, health and welfare in the workplace; and
(vii) provide written recommendations to the occupier on areas and issues requiring action following inspections carried out under these Rules.
9.
Duties of the occupier

The occupier shall—

(a)

provide, at no cost to the Committee, a suitable venue and other facilities for holding Committee meetings;
(b)

allow members to attend the meetings and other functions of the Committee without loss of earnings, opportunities for promotion or advancement;
(c)

ensure that all safety representatives undertake training courses organized for purposes of these Rules;
(d)

provide the Committee with—

(i) any information or report on any accidents, dangerous occurrences or incidents or occupational diseases immediately it comes to his knowledge;
(ii) statistics of accidents, dangerous occurrences, and incidents of occupational diseases;
(iii) all the necessary or relevant information on hazardous substances;
(iv) safety and health reference materials and facilities;
(e)

cause the monitoring and evaluation of hazards and risks identified by the Committee to be carried out by a competent person;
(f)

develop a clearly defined safety and health policy and bring it to the notice of all employees at the workplace, and send a copy of the policy to the director;
(g)

facilitate the implementation and review of the organization’s safety and health policy;
(h)

make available to the Committee legislation on occupational safety and health;
(i)

make a report to the director on all accidents as required under the Act;
(j)

chair meetings, and, in his absence, delegate the function to a senior member of the management;
(k)

cause further specialized evaluation as necessitated by the audit report in regard to medical examination of the workers, testing and examination of plant and equipment, monitoring of the work environment or other scope whenever he is required to do so in writing by the Director;
(l)

cause to be maintained a record of the proceedings of Committee meetings and reports of the audit referred to in these Rules; and
(m)

ensure that all matters set out in these Rules are complied with.
10.
Approval of advisers
(1)

The Director may invite applications by competent persons, for approval to serve as safety and health advisers.
(2)

A person shall be qualified to be a safety and health adviser if such person holds a minimum qualification of a certificate in occupational safety and health from a recognised institution and has proven practical experience in this field for a period of five years.
(3)

The Director shall consider all applications received and approve suitable persons to serve as health and safety advisers for purposes of these Rules.
(4)

The Director shall, by notice in the Gazette, notify the appointments made under subrule (3), and maintain a register of all persons appointed thereunder.
(5)

Every adviser shall be issued with a certificate by the director, upon payment of the prescribed fee.
(6)

The certificate issued under subrule (4) shall be renewable annually.
11.
Duties of a registered safety and health adviser
(1)

The safety and health adviser shall—

(a)

carry out safety and health audits of the factory or workplace at the request of the occupier;
(b)

advise the occupier and the members of the Committee on matters relating to occupational health and safety arising from the audit report;
(c)

submit a copy of the audit report to the director.
12.
Training of the Committee
(1)

Every member of the Committee shall undertake a prescribed basic training course in occupational health and safety within a period of six months from the date of appointment or election, as the case may be, and thereafter further training from time to time.
(2)

The training course referred to in subrule (1) shall be in such form and in such institutions as may be approved by the director.
(3)

The director may, on application, exempt any person from undertaking the training courses referred to in subrule (1) where the director is satisfied that the applicant is suitably qualified for the purposes of these Rules.
(4)

The Director shall, once every year, publish in the Gazette a list of the institutions approved for purposes of subrule (2).
13.
Health and safety audit
(1)

The occupier of every factory or workplace shall cause a health and safety audit of the workplace to be carried out at least once in every period of twelve months by a registered health and safety adviser at such fee as may be agreed upon with such adviser.
(2)

The report of the audit shall be kept by the occupier for purposes of these Rules and a copy of the same shall be sent to the director by the adviser within a period of thirty days following the audit.
14.
Offence in relation to audit
(1)

Any person authorised to carry out an audit under these Rules who—

(a)

fails to make a report as required by these Rules;
(b)

makes a report which is false or deficient in its technical content; or
(c)

fails to send to the director a copy of any report as required,

shall be guilty of an offence and liable to a fine not exceeding fifty thousand shillings or to imprisonment for a term not exceeding three months, or to both such fine and imprisonment.
15.
Other offences

Any occupier, or any other person who contravenes any of these Rules, shall be guilty of an offence and liable to a fine not exceeding fifty thousand shillings.

FACTORIES AND OTHER PLACES OF WORK (MEDICAL EXAMINATION) RULES, 2005

ARRANGEMENT OF RULES

1.

Citation.
2.

Interpretation.
3.

Application.
4.

Occupations requiring medical examination.
5.

Duties of employer and employees as to medical examination.
6.

Reports on examination.
7.

Certificate of redeployment.
8.

Certificate of fitness.
9.

Notification.
10.

Offences and penalties.

SCHEDULES

FIRST SCHEDULE —

OCCUPATIONS REQUIRING MEDICAL EXAMINATION(S)
SECOND SCHEDULE —

SUMMARY REPORT FORM
THIRD SCHEDULE —

CERTIFICATE OF RE-DEPLOYMENT
FOURTH SCHEDULE —

CERTIFICATE OF FITNESS
FIFTH SCHEDULE —

NOTIFICATION FORM

FACTORIES AND OTHER PLACES OF WORK (MEDICAL EXAMINATION) RULES, 2005
[L.N. 24/2005.]
1.
Citation

These Rules may be cited as the Factories and Other Places of Work (Medical Examination) Rules, 2005.
2.
Interpretation

In these Rules except where the context otherwise requires—

“designated” health practitioner” means any medical practitioner whether a public officer or not who is authorized by the director, by certificate in writing, to carry out examination of workers in accordance with, and for the purposes of these Rules;

“directorate” means the directorate of occupational health and safety services;

“employee” means a person who has entered into or works under a contract of service or of apprenticeship or learnership, with an employer whether the contract is express or implied, oral or in writing and whether the remuneration is calculated by time or by work done or is in cash or in kind;

“employer” includes owner and/or occupier;

“medical examination” means examination of workers exposed to specified occupational hazards indicated in the First Schedule to these Rules for the purpose of prevention and control of occupational diseases;

“occupational diseases” means any departure from health occasioned by exposure to any factor or hazard in the workplace;

“workplace” includes any land, premises, location, vessel or thing at, in, upon or near where an employee is, in the course of employment.
3.
Application

These Rules shall apply to medical examination of all those employees in employment or have been in employment in every workplace, to which the provisions of the Act apply.
4.
Occupations requiring medical examination
(1)

It shall be the duty of the employer to ensure that all persons employed in any of the occupations outlined in the Eighth Schedule to the Act undergo both pre-employment and periodic medical examinations by the designated health practitioner as outlined in the First Schedule.
(2)

The fees to be charged by the designated health practitioner shall be as prescribed by the director.
(3)

The Minister may, in the Gazette, publish any other work involving risk to the health of the employees.
(4)

Any employer who does not comply with paragraph (1) shall commit an offence.
5.
Duties of employer and employees as to medical examination
(1)

The employer shall ensure that the examination takes place without any loss of earnings for the employees and if possible within normal working hours during their employment.
(2)

The costs in connection with such examination shall be paid by the employer.
(3)

The employees and former employees shall be under an obligation to undergo examination in accordance with these Rules.
(4)

Any person who contravenes this provision shall commit an offence.
6.
Reports on examination
(1)

Results of the examination shall be entered into each individual’s medical record by the designated health practitioner and shall be updated with each examination whenever repeat tests are carried out.
(2)

Summary report forms as outlined in the Second Schedule shall be completed after medical examination for each hazard and shall be submitted within twenty-one days to the director and a copy sent to the employer.
(3)

If there is more than one hazard in the same workplace, separate summary report forms shall be used for each hazard.
7.
Certificate of redeployment
(1)

If it is desirable that an employee be removed from further exposure to a particular hazard, the certificate of redeployment as outlined in the Third Schedule shall be filled and completed in triplicate by the designated health practitioner and a copy sent to the employer, employee and the director within seven days from the date of the examination.
(2)

In these Rules, unless where it is otherwise indicated, all abnormal examination results shall be repeated within two weeks to ensure consistency.
8.
Certificate of fitness
(1)

Examination results for persons entering employment or those returning from sick leave occasioned by occupational diseases shall be entered into the certificate of fitness as outlined in the Fourth Schedule, which shall be kept by the designated health practitioner, and a copy thereof given to the employee.
(2)

If an employee is exposed to more than one of the specified hazards, a separate certificate of fitness shall be completed for each hazard.
9.
Notification
(1)

The provisions of section 45 regarding the notification of occupational diseases shall apply mutatis mutandis for all abnormal results as if they were set out therein.
(2)

Notification shall contain particulars as outlined in the notification form in the Fifth Schedule.
10.
Offences and penalties

Any person who contravenes these Rules shall commit an offence and the provisions of the Act on offences and penalties shall mutatis mutandis apply.