Obligation of employer to ensure safety and health at the workplace.

An employee has an obligation to ensure his safety and health at the workplace. Section 13(1a) of the Occupational Safety and Health Act places a duty on the employee to ensure his own safety and health and that of other persons who may be affected by his acts or omissions at the workplace. In Nickson Muthoka Mutavi v Kenya Agricultural Research Institute [2016] eKLR. The court in opined that in as much as it is a general rule that the employer is liable for any injury or loss that occurs to his employees while at the workplace as a result of the employer’s failure to ensure their safety the employee is also required to take reasonable precaution to ensure his/her safety at the workplace while performing his/her duties. http://kenyalaw.org/caselaw/cases/view/117668/

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