SPECIAL ISSUE 329

Kenya Gazette Supplement No. 49 29th March, 2022

(Legislative Supplement No. 27)

LEGAL NOTICE NO. 50

THE OCCUPATIONAL SAFETY AND HEALTH ACT, 2007
(No. 15 of 2007)
IN EXERCISE of the powers by conferred by section
127(2)(a)(xxi) of the Occupational Safety and Health Act, the Cabinet
Secretary for Labour makes the following Regulations—
THE OCCUPATIONAL SAFETY AND HEALTH (FEES CHARGED
FOR OCCUPATIONAL SAFETY AND HEALTH SERVICES)
REGULATIONS, 2022
1.   These Regulations may be cited as the Occupational Safety Citation.
and Health (Fees Charged for Occupational Safety and Health Services)
Regulations, 2022.
2.   The fees charged for occupational safety and health services Fees for services
rendered.
under the Act shall be as specified in the Schedule to these Regulations.
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SCHEDULE (r.2)
PART A: FEES FOR SERVICES
SERVICE CHARGES (Kshs.)
1.   Issue annual certificate of registration of new and 2,000 per workplace
existing workplaces
2.   Medical examination of workers—
(a)   General examination 800 per worker
(b)   Screening Audiometry 800 per worker
(c)   Screening Lung Function Testing 800 per worker
(Spirometry)
(d)   Full Blood Count 800 per worker
(e)   Liver Function Testing 800 per worker
(f)   Renal Function Testing 800 per worker
(g)   Chest Radiograph (PA View) 800per worker
(h)   Blood Sugar 400 per worker
(i)   Acetyl Cholinesterase 800 per worker
3.   Training on Occupational Safety and Health 120,000 per class
(25persons)
4.   Occupational Hygiene Survey 15,000 per workplace
Sample analysis 1000 per sample
5.   Ergonomic survey 25,000 per workplace with
less than 50 employees
50,000 per workplace with 50
employees and above

PART B: FEES FOR FORMS AND BOOKLETS

ITEM CHARGES (Kshs.)
1.   General register 1,000
2.   Abstracts of legislations 500
3.   Codes of practices 500
4.   Rules and guidelines 500
5.   Curricula 1,000

PART C: CHARGES FOR APPROVAL OF ARCHITECTURAL PLANS FOR

BUILDINGS TO BE USED AS WORKPLACES
WHERE THE COVERED AREA IS CHARGES (Kshs.)
2
1.   Less than 100m 1,000
2.   Between 101 - 200 m2 2,000

 
 Kenya Subsidiary Legislation, 2022 331

3.   Between 201 - 300 m2 3,000

2
4.   Between 301 - 400 m 4,000
2
5.   Between 401 - 500 m 5,000
6.   Between 501 - 600 m2 6,000
2
7.   Between 601 - 700 m 7,000
2
8.   Between 701 - 800 m 8,000
2
9.   Between 801 - 900 m 9,000
2
10.   Between 901 - 1000 m 10,000
2
11.   For every additional 100m or part that is @500
above 1000m2

Note: for building with more than one floor, all the floors will be treated separately to
arrive at the total area of the whole building.
PART D: CHARGES THE APPROVAL OF COMPETENT PERSONS AND
TRAINING INSTITUTIONS
ANNUAL FEE FOR APPROVAL PER CHARGES (Kshs.)
CATEGORY
1.   OSH Advisers 15,000
2.   Fire Safety Auditors 15,000
3.   DHPs 15,000
4.   AQMs 15,000
5.   training institutions 20,000
6.   Plant examiners under section 64 of the Act 3,000
7.   Plant examiners under section 65 of the Act 3,000
8.   Plant examiners under section 67 of the Act 3,000
9.   Plant examiners under section 68 of the Act 3,000
10.   Plant examiners under section 69 of the Act 3,000
11.   Plant examiners under section 70 of the Act 3,000
12.   Plant examiners under section 71 of the Act 3,000
OTHER CHARGES
13.   Application for approval fee 2000 per category
14.   Induction training fee 15,000 per person

PART E: BASIC FEES FOR EXAMINATION OF PRESSURE VESSELS AT REST

PER TEST
CATEGORY/DESCRIPTION CHARGES
(KSh.)
1. Water-tube boilers with an evaporative capacity less 12,500
than10,000 lb. of steam per hr. (45,000 kg/hr.)

 
 332 Kenya Subsidiary Legislation, 2022

2. Water-tube boilers with an evaporative capacity of between and 20,000

including 10,000lbs. Per hour (4540kg/hr) and 25,000lb/hr
(11350 kg/hr.)
For every extra evaporative capacity of 1,000lb/hr (454kg/hr) in 1,000
excess of 25,000 lb/hr.
3. Locomotive, Lancashire, Cornish and horizontal Multitubular 12,500
4. Vertical, vertical cross-tube, vertical multitubular and small 8,000
packed boilers under 100 lb/hr in working pressure (7 kg/sq
cm.)
5. Electrode boilers and boilers under 2 ft.(600 mm.) 4,000
6. Economisers—
(a)   not exceeding 120 tubes 4,000
(b)   for each additional 10 tubes. 1,000
7. Super-heaters 4,000
8. Steam receivers over 2 ft.(600mm.) outside diameter 4,000
9. Steam receivers under 2 ft.(600 mm.) outside diameter 3,000
10. Steam tube ovens 4,000
11. Medical sterilizer boilers / Autoclaves 3,500
12. Laundry presses steam receivers not of circular shape (first
10sq ft (10,000cm2) 4,000
For every extra sq. ft. (1,000 cm2 ) of heated surface in excess
of 10 sq. ft (10,000 cm2 ) 150
13. Air receivers
(a)   over 2 ft. 6 in. (760 mm) in diameter 4,000
(b)   under 2 ft. 6 in (760 mm ) in diameter 2,500.
14. Stationary and mobile LPG cylinders and compressed, liquefied
and dissolved gas cylinders: gas cylinder capacity
(a)   Upto 35 kg
(i) Low pressure vessels 100
(ii) High pressure vessels 500

(b)   Over 35 kg and upto 250 kg

(i) Low pressure vessels 500
(ii) High pressure vessels 1,600

(c)   Over 250 kg and upto 2 tons (2,000 kg) 20,000

 
 Kenya Subsidiary Legislation, 2022 333

(d)   Over 2 tons (2,000 kg ) upto 10 tons (10,000) 40,000

(e)   For every extra ton (1,000kg) above 10 tons (10,000 1,000
kg)

PART F: BASIC FEES FOR EXAMINATION OF HOISTS OR LIFTS,

ESCALATORS, CRANES AND OTHER LIFTING MACHINES, LIFTING TACKLE
HOISTS, LIFTS AND ESCALATORS CHARGES (KSh.)
1. Dumb waiters1000 and non- passenger carrying hoists-
(a)   First two floors and machine room 5,000
(b)   Every additional floor 1,000
2. Single and 2-seed A.C Resistance Geared and Gearless
Unit Multi-voltage lifts:
(a)   First 2 floors plus machine 10,000
(b)   Every additional floor 1,000
3. Hydraulic lifts:
(a)   First 2 floors plus machine room 12,500
(b)   Every additional floor 1,500
6 Cradles 12,500
Additional for every floor run 1,500
7 Escalators:
(a)   Rise up to 13ft. (4 metres) 5,000
(b)   Per foot over 13 ft. (4 metres) 1,000
8. Winches (Manual and Power Operated) 1,500
Additional for every meter run 300

PART G: CRANES
CATEGORY CHARGES (KSh.)

1 Manually Operated: 10,000

(a)   Up to 5 tons (5,000 kg) capacity
(b)   Over 5 tons (5,000 kg) capacity 12,500
2 Power Operated: 12,500
(a)   Up to 5 tons (5,000 kg) capacity
(b)   Over 5 tons (5,000 kg ) and up to 10 tons (10,000 15,000
kg) capacity
(c)   Over 10 tons (10,000 kg) and Upto 20 tons 18,000
(20,000kg) capacity

 
 334 Kenya Subsidiary Legislation, 2022

(d)   Over 20 tons (20,000kg) capacity 20,000

For every additional auxiliary hoist 4,000
(e)   Over 50 tons (50,000 kg) capacity 40,000
For every additional auxiliary hoist 6,000
8. Tower cranes:
(a) Up to 5 floors high 20,000
For every additional floor of crane runway 2,000
(b) Over 5 floors and up to 20 floors high 40,000
For every additional metre run of crane runway 1,000
(c) Over 20 floors high 60,000
For every additional metre run of crane runway 1,000

PART H: HOISTS BLOCKS AND OTHER POWER- OPERATED MACHINES

CATEGORY CHARGES (Kshs.)
1. Over 5 tons (5,000 kg) capacity 6,000
2. Up to 5 tons (5,000 kg) capacity 4,000

PART I: FORKLIFTS
CATEGORY CHARGES (Kshs.)
1. Up to 5 tons (10,000 kg ) capacity 6,000
2. Over 5 tons (10,000 kg) capacity 10,000

PART J: CHAIN BLOCKS AND OTHER MANUALLY- OPERATED MACHINES

CATEGORY CHARGES (Kshs.)
1. Up to 1 ton (1,000 kg ) capacity 1,000
2. 1-5 ton (1,000 kg) capacity 2,500
3. Over 5 tons (5,000 kg) capacity 5,000
4. Crane and other runways (for every metre run) 1,000
5. Runway trolleys 3,000

PART K: CHAINS, ROPES AND LIFTING TACKLE

CATEGORY CHARGES (Kshs.)
1. Chains and ropes (per metre run) 300
2. Rings, hooks, shackles, swivels, etc 400 per item

Note- items 1 and 2 refer only to loose gear and not tackle permanently attached to lifting
machines

 
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PART J: CHAIN BLOCKS AND OTHER MANUALLY- OPERATED MACHINES

CATEGORY CHARGES (Kshs.)
1. Over 5 tons (5,000 kg) capacity 8,000
2. Over 1 ton (1,000 kg) capacity 6,000
3. Up to 1 ton (1,000 kg ) capacity 5,000
4. Crane and other runways (for every metre run) 1,000
5. Runway trolleys 5,000

PART L: REFRIGERATION PLANT

CATEGORY CHARGES PER PLANT (Kshs.)
1. 0-25kw 5,000
2. 26-50kw 7,000
3. 51-75kw 10,000
4. 76-100kw 12,500
5. 100 and above 15,000

PART M: ADDITIONAL FEES

CATEGORY CHARGES (Kshs.)
1. Each hydraulic test of a pressure vessel (upto 8,000
5,000l water capacity)
Additional for every extra 1,000 litres 1,000
2. Each inspection of a pressure vessel under 80 per cent of the appropriate basic
normal working pressure fee with a minimum charge of
Kshs. 8,000
3. Each proof load test of a crane or lifting 50 per cent of the appropriate basic
machine, hoists and lifts fee with a minimum charge, of
Kshs. 8,000

  It is the owners’ responsibility to provide test loads in-case of lifting equipment,

water and hydraulic pump in-case of pressure testing.
  Travelling expenses will be charged at the current market rate per mile/km. as
recommended by the Automobile Association of Kenya (AA) or as agreed between
the parties.
  Overnight fees payable at a rate of KShs. 6,000 per night. Hotel expenses will be
charged at the rate at which they are incurred.
  Surcharge is payable at the rate of Kshs. 5,000 per hour where an examiner has been
requested to examine plant at a certain time and has been unable to do so because of
lack of preparation on the part of the occupier.

 
 336 Kenya Subsidiary Legislation, 2022

NOTE:
(a)   This scale of fees does not take in account any repair work, supervision of such
work, or any other necessary test which an examiner may be requested to
undertake as a result of his examination;
(b)   Fees for the examination of plant which do not come within categories
described, should be similarly agreed;
(c)   The value of work that an examiner may perform in one day is limited to a fee
of KShs. 50,000.
Made on the 14th March, 2022.
SIMON CHELUGUI,
Cabinet Secretary for Labour.

LEGAL NOTICE NO. 51

THE OCCUPATIONAL SAFETY AND HEALTH ACT, 2007
(No. 15 of 2007)
IN EXERCISE of the powers by conferred by section 44(12) of
the Occupational Safety and Health Act, the Cabinet Secretary for
Labour makes the following Regulations—
THE OCCUPATIONAL SAFETY AND HEALTH
(REGISTRATION OF WORKPLACE PREMISES)
REGULATIONS, 2022
1.   These Regulations may be cited as the Occupational Safety Citation.
and Health (Registration of Workplace Premises) Regulations, 2022.
2.   The workplace premises listed in the Schedule shall not be Exemption.
exempt from the provisions of section 44 of the Act.