The Accidents and Occupational Diseases (Notification) Act

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CHAPTER 330
THE ACCIDENTS AND OCCUPATIONAL
DISEASES (NOTIFICATION) ACT
[PRINCIPAL LEGISLATION]
Arrangement of Sections
Section Title
1. Short title.
2. Interpretation.
3. Notification of accidents and deaths.
4. Power to extend to dangerous occurrences provisions as to notification
of accidents.
5. Notification of occupational diseases and other diseases.
6. Inquest in case of death by accident or occupational disease.
7. Power of Minister to direct formal investigation of accidents and cases of
occupational disease.
8. Penalties.
9. Institution of proceedings.
10. Power of Minister to make rules.
11. Application of Act to Government.
12. Administration of Act.
13. Repeal.
14–15. Omitted.
SCHEDULE

roceedings.
10. Power of Minister to make rules.
11. Application of Act to Government.
12. Administration of Act.
13. Repeal.
14–15. Omitted.
SCHEDULE

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1. This Act may be cited as the Accidents and Occupational
Diseases (Notification) Act. 2.

be reproduced or distributed without permission of OAG.450
1. This Act may be cited as the Accidents and Occupational
Diseases (Notification) Act. 2.

In this Act, unless the context requires otherwise-
“employer” includes anybody of persons, corporate or un
incorporate and the legal personal representative of a
deceased employer, and, where the services of a worker
are temporarily lent or let on hire to another person by
the person with whom the worker has entered into a
contract of service or apprenticeship, the latter shall, for
the purposes of this Act, be deemed to continue to be
the employer of the worker while he is working for that
other person, and in relation to a person applying for hire
with any vehicle or vessel the use of which is obtained
by that person under a contract of bailment, the person
from whom the use of the vessel or vehicle is so obtained
shall, for the purposes of this Act, be deemed to be the
employer, and, in relation to a person employed for the
purpose of any game or recreation and engaged or paid
through a club, the manager or members of the managing
committee of the club shall, for the purposes of this Act,
be deemed to be the employer;
“Labour Commissioner” means the person holding the
appointment, or carrying out the duties of the head of the
Short title
Interpretation
CHAPTER 330
THE ACCIDENTS AND OCCUPATIONAL
DISEASES (NOTIFICATION) ACT
An Act to provide for the notification of accidents and occupational diseases.

CHAPTER 330
THE ACCIDENTS AND OCCUPATIONAL
DISEASES (NOTIFICATION) ACT
An Act to provide for the notification of accidents and occupational diseases.

[1st September, 1955]
Act No. 25 of 1953
[R.L. Cap. 330]

[1st September, 1955]
Act No. 25 of 1953
[R.L. Cap. 330]

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THE ACCIDENTS AND OCCUPATIONAL DISEASES (NOTIFICATION) ACT [CAP. 330 R.E.

of this book may be reproduced or distributed without permission of OAG.451
THE ACCIDENTS AND OCCUPATIONAL DISEASES (NOTIFICATION) ACT [CAP. 330 R.E.

2023]
Department of Labour, or such other person as may be
appointed to administer the provisions of this Act;
“labour officer” includes the Deputy Labour Commissioner,
an Assistant Labour Commissioner and any person
appointed to be a labour officer;
“medical practitioner” means a medical practitioner
registered or licensed under the Medical, Dental and
Allied Health Professionals Act;
“Minister” means the Minister responsible for labour matters;
“occupational disease” means any disease mentioned in the
Schedule to this Act;
“outworker” means a person to whom articles or materials
are given out to be made up, cleaned, washed, altered,
ornamented, finished or repaired, or adapted for sale in
his own home or on other premises not under the control
or management of the person who gave out the materials
or articles;
“prescribed” means prescribed by order of the Minister;
“worker” means any person who has entered into or works
under a contract of service or apprenticeship with an
employer, whether by way of manual labour, clerical work
or otherwise, and whether the contract is expressed or
implied, is oral or in writing, but does not include-
(a) an outworker; or
(b) a person whose employment is of a casual nature and
who is employed otherwise than for the purposes of
the employer’s trade, occupation or business; or
(c) any class of persons whom the Minister may by notice
published in the Gazette declare not to be workers for
the purposes of this Act.

business; or
(c) any class of persons whom the Minister may by notice
published in the Gazette declare not to be workers for
the purposes of this Act.

3.–(1) Where any accident arising out of and in the course of
the employment worker of any worker occurs and-
(a) causes loss of life to such worker; or
(b) disables such worker for at least three consecutive
days from earning full wages at the work at which he
was employed at the time of such accident, a written
Cap. 152
Notification of
accidents and
deaths

ays from earning full wages at the work at which he
was employed at the time of such accident, a written
Cap. 152
Notification of
accidents and
deaths

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452
notice of the accident, in the prescribed form, and
accompanied by the prescribed particulars shall as
soon as practicable be sent by the employer to the
labour officer for the area within which the accident
has occurred:
Provided that, where, to the knowledge of the employer,
the accident has been reported or notified pursuant to the
provisions of any other law and the written notice or report
required by that law complies substantially with the prescribed
form and contains the prescribed particulars the employer
shall be deemed to have notified the accident in accordance
with the provisions of this subsection.

d contains the prescribed particulars the employer
shall be deemed to have notified the accident in accordance
with the provisions of this subsection.

(2) Where any accident causing disablement has been notified
under this section, and, after such notification, the accident
results in the death of the person disabled, notice in writing of
the death shall be sent by the employer to the labour officer for
the area within which such accident has occurred as soon as the
fact of the death comes to the knowledge of the employer. (3) An employer who fails to comply with any of the
requirements of subsections (1) and (2) of this section commits
an offence under this Act. (4) Where any accident to which this section applies occurs
to a worker whose services are temporarily lent or let on hire to
another person by the employer, such other person, if he fails
to report the accident to the employer immediately, commits
an offence under this Act and the employer shall not be liable
under the provisions of subsection (3) of this section unless it
is established that he knew of the accident.

Act and the employer shall not be liable
under the provisions of subsection (3) of this section unless it
is established that he knew of the accident.

(5) Without prejudice to the requirements of paragraph (a)
of subsection (1) of this section when the death of a worker from
any cause is brought to the notice of, or comes to the knowledge
of, his employer, the employer shall, as soon as practicable
after the occurrence of the death, give notice in the prescribed
form to the labour officer for the area in which the worker was
employed and such notice shall state the circumstances of the
death of the worker if they are known to the employer.

the area in which the worker was
employed and such notice shall state the circumstances of the
death of the worker if they are known to the employer.

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THE ACCIDENTS AND OCCUPATIONAL DISEASES (NOTIFICATION) ACT [CAP. 330 R.E. 2023]
4. Where the Minister considers that, by reason of the risk of
serious bodily injury to workers, it is expedient that notice
should be given in every case of any special class of explosion,
fire, collapse of buildings, accidents to machinery or plant, or
other occurrences in places where workers are employed, he
may, by rules made under this Act, extend the provisions of
section 3 of this Act with such adaptations as maybe specified
in the rules to any such class of occurrences, whether death
or disablement is caused or not, and may, by any such rules,
allow the required notice of any occurrence to which the rules
relate, instead of being sent forthwith, to be sent within the
time limited by the rules.

low the required notice of any occurrence to which the rules
relate, instead of being sent forthwith, to be sent within the
time limited by the rules.

5.–(1) A medical practitioner attending on or called in to visit a
patient whom he believes to be suffering from any occupational
disease contracted in the course of his employment as a
worker shall, unless such a notice has been previously sent,
forthwith send to the labour officer for the area a written
notice stating the name and full postal address of the patient
and the disease from which, in the opinion of such medical
practitioner, the patient is suffering and the name and address
of the place of which, and of the employer by whom, he is or
was last employed, and any medical practitioner who is not
in the full time employment of Government or in the full or
part time service of the employer shall be entitled in respect
of every notice sent in pursuance of this subsection to a fee of
five shillings to be paid as part of the expenses incurred by the
Labour Commissioner in the execution of this Act. (2) Where a medical practitioner fails to send any notice in
accordance with the requirements of this section, he commits
an offence under this Act and on conviction shall be liable to a
fine not exceeding fifty shillings.

with the requirements of this section, he commits
an offence under this Act and on conviction shall be liable to a
fine not exceeding fifty shillings.

(3) An employer who believes or suspects, or has
reasonable grounds for believing or suspecting that a case
of occupational disease has occurred among the workers
employed by him, shall forthwith send written notice of
Power to extend
to dangerous
occurrences
provisions as to
notification of
accidents
Notification of
occupational
diseases and
other diseases

notice of
Power to extend
to dangerous
occurrences
provisions as to
notification of
accidents
Notification of
occupational
diseases and
other diseases

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454
such case, in the prescribed form, and accompanied by the
prescribed particulars to the labour officer for the area within
which the place of employment of such workers is situated,
and the provisions of this Act with respect to the notification
of accidents shall apply to any such case in like manner as to
any such accident as is mentioned in section 3. (4) The Minister may, as respects any class or description of
place where workers are employed, by rules made under this
Act, apply the provisions of this section to any disease other
than an occupational disease.

lace where workers are employed, by rules made under this
Act, apply the provisions of this section to any disease other
than an occupational disease.

6.–(1) Where a coroner holds an inquest on the body of any
person whose death may have been caused by any accident or
disease of which notice is required by or under this Act to be
given, the coroner shall adjourn the inquest unless a labour
officer or other officer authorised for that purpose by the Labour
Commissioner is present to watch proceedings, and shall, at
least four days before holding the adjourned inquest, send to the
labour officer for the area within the inquest is held, notice in
writing of the time and place of holding the adjourned inquest:
Provided that the coroner, before the adjournment, may
take evidence to identify the body and may order the interment
thereof.

the adjourned inquest:
Provided that the coroner, before the adjournment, may
take evidence to identify the body and may order the interment
thereof.

(2) With respect to any such inquest as aforesaid the
following persons, that is to say-
(a) a labour officer or other officer authorised for that
purpose by the Labour Commissioner;
(b) any relation of the person in respect of whose death the
inquest is being held;
(c) the employer in whose employment the accident or
disease occurred or was contracted, shall, subject to the
power of the coroner to disallow any question which in
his opinion is not relevant or is otherwise not a proper
question, be entitled to examine any witness either in
person or by an advocate or agent. (3) Where at any such inquest at which a labour officer
or other officer authorised for that purpose by the Labour
Inquest in case of
death by accident
or occupational
disease

uest at which a labour officer
or other officer authorised for that purpose by the Labour
Inquest in case of
death by accident
or occupational
disease

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THE ACCIDENTS AND OCCUPATIONAL DISEASES (NOTIFICATION) ACT [CAP. 330 R.E. 2023]
Commissioner is not present, evidence is given of any neglect
as having caused or contributed to the accident or disease or
of any defect in or about the place of employment appearing
to the coroner to require a remedy, the coroner shall send to
the labour officer for the area within which the inquest is held
notice in writing of the neglect or defect. (4) The provisions of this section shall be in addition to, and
not in derogation of, the Inquests Act.

ld
notice in writing of the neglect or defect. (4) The provisions of this section shall be in addition to, and
not in derogation of, the Inquests Act.

7.–(1) The Minister may, where he considers it expedient so to
do, direct a formal investigation to be held into any accident
arising out of and in the course of the employment of any
worker or case of occupational disease contracted or suspected
to have been contracted in the course of the employment of
any worker and of its causes and circumstances, and with
respect to any such investigation the following provisions shall
have effect-
(a) the Minister may appoint a competent person to
hold the investigation, and may appoint any person
possessing legal or special knowledge to act as assessor
in holding the investigation;
(b) the person or persons so appointed (hereafter in
this section referred to as “the court”) shall hold
the investigation in open court in such manner
and under such conditions as the court may think
most effectual for ascertaining the causes and
circumstances of the accident or case of occupational
disease, and for enabling the court to make the
report in this section;
(c) the court shall have for the purposes of the investigation
all the powers of a subordinate court when exercising
criminal jurisdiction and, in addition power-
(i) to enter and inspect any place or building the
entry or inspection whereof appears to the court
requisite for the said purposes;
(ii) by summons signed by the court to require the
attendance of all such persons as it thinks fit to call
Cap.

court
requisite for the said purposes;
(ii) by summons signed by the court to require the
attendance of all such persons as it thinks fit to call
Cap.

24
Power of Minister
to direct formal
investigation
of accidents
and cases of
occupational
disease
Cap. 24

24
Power of Minister
to direct formal
investigation
of accidents
and cases of
occupational
disease
Cap. 24

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part of this book may be reproduced or distributed without permission of OAG.THE ACCIDENTS AND OCCUPATIONAL DISEASES (NOTIFICATION) ACT [CAP. 330 R.E.

2023]
456
before it and examine for the said purposes, and
to require answers or returns to such enquiries as
it thinks fit to make;
(iii) to require the production of all books, papers, and
documents which it considers relevant;
(iv) to administer an oath and require any person
examined to make and sign a declaration of
the truth of the statements made by him in his
examination;
(d) persons attending as witnesses before the court may be
allowed such detention allowances, travelling expenses
and fees as would be allowed to witnesses attending in
any court at the instance of the Government to give
evidence in any criminal proceedings; and in case of
dispute as to the amount to be allowed the dispute
shall be referred by the court to the Registrar of the
High Court who, on request signed by the court,
shall ascertain and certify the proper amount of such
detention allowances, travelling expenses and fees;
(e) the court shall make a report to the Minister stating
the cause and circumstances of the accident or case
of occupational disease and adding any observations
which the court thinks right to make;
(f) the court may require the expenses incurred in and
about an investigation under this section, including
the remuneration of any persons appointed to act as
assessors, to be paid in whole or part by any person
summoned before it who appears to the court to be, by
reason of any act or default on his part or on the part of
any servant or agent of his, responsible in any degree for
the occurrence of the accident or case of occupational
disease, but any such expenses not required to be so
paid shall be deemed to be part of the expenses of the
Labour Commissioner in the administration of this Act;
(g) a person who without reasonable excuse, proof
whereof shall lie on him, either fails, after having had

issioner in the administration of this Act;
(g) a person who without reasonable excuse, proof
whereof shall lie on him, either fails, after having had

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THE ACCIDENTS AND OCCUPATIONAL DISEASES (NOTIFICATION) ACT [CAP. 330 R.E. 2023]
the detention allowances, travelling expenses and
fees, if any, to which he is entitled tendered to him, to
comply with any summons or requisition of the court,
or prevents or impedes the court in the execution
of its duty, commits an offence, and on conviction
shall be liable to a fine of two hundred shillings or
imprisonment for one month or both, and, in the case
of a failure to comply with the requisition for making
any return or producing any document, if the failure in
respect of which a person was so convicted is continued
after the conviction he commits a further offence shall
be liable to a fine of two hundred shillings for every day
on which the failure was so continued. (2) The Minister may cause the report of the court to be
made public at such time and in such manner as he thinks fit.

h the failure was so continued. (2) The Minister may cause the report of the court to be
made public at such time and in such manner as he thinks fit.

(3) A person aggrieved by an order for the payment of
expenses made by the court pursuant to the provisions of
paragraph (f) of subsection (1) of this section may appeal there
from within thirty days to the High Court; and after hearing
such appeal the High Court may make such order as it thinks fit. (4) The High Court may make rules regulating the procedure
in respect of any such appeal. 8.–(1) A person who commits an offence under this Act for
which no special penalty is provided by this Act on conviction
shall be liable to a fine of five hundred shillings, or to
imprisonment for three months, or to both. (2) Where an offence under this Act or any rules made
there under committed by a company or other body of
persons is proved to have been committed with the consent or
connivance of, or to have been facilitated by any neglect on the
part of, any director, president, chairman, manager, secretary
or other officer of the company or other body of persons, he,
as well as the company or body of persons, shall be deemed to
have committed an offence and shall be liable to be proceeded
against and punished accordingly. Penalties

mpany or body of persons, shall be deemed to
have committed an offence and shall be liable to be proceeded
against and punished accordingly. Penalties

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458
9. The Labour Commissioner or any labour officer may institute
proceedings for any offence under this Act or any rules made
hereunder and may appear and prosecute in such proceedings. 10.–(1) The Minister may make rules generally for carrying
into effect the provisions of this Act. (2) Without prejudice to the generality of the subsection
(1), the Minister may by rules made under this section alter the
Schedule to this Act by making additions thereto or deletions
there from or otherwise amending it and the Schedule, as
altered, shall be deemed to have been enacted by and to form
part of this Act. 11.

deletions
there from or otherwise amending it and the Schedule, as
altered, shall be deemed to have been enacted by and to form
part of this Act. 11.

Without prejudice to the generality of the application of
this Act, it is hereby declared that this Act shall apply in the
case of accidents, occupational diseases, or diseases specified
in rules made under section 5 of this Act occurring to persons
employed by the Government and in such cases the notice to
be given under this Act by the employer shall be given by such
person as the head of the department of the Government. 12. The Labour Commissioner shall be responsible for the
administration of this Act. 13. [Repeals the Workers Compensation Ordinance]
14-15. [Omitted]. Institution of
proceedings
Power of Minister
to make rules
Application of Act
to Government
Administration
of Act
Repeal
Ord. No. 43 of 1948
Omitted

. Institution of
proceedings
Power of Minister
to make rules
Application of Act
to Government
Administration
of Act
Repeal
Ord. No. 43 of 1948
Omitted

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THE ACCIDENTS AND OCCUPATIONAL DISEASES (NOTIFICATION) ACT [CAP. 330 R.E. 2023]
SCHEDULE
(Made under section 2)
OCCUPATIONAL DISEASES
Description of Disease Description of Work
Anthrax Work in connection with animals
or the handling of animal carcasses
or parts of such carcasses or of
wool, hair, bristles, hides, skins,
hooves or horns. Arsenic poisoning or its
sequelae
Any process involving the
production, liberation or utilization
of arsenic or its preparation or
compounds. Chrome ulceration or its
sequelae
Any process involving the use of
chromic acid or bi-chromate of
ammonium, potassium or sodium,
or their preparations. Compressed air illness or its
sequelae
Any process carried on in
compressed air. Cyanide poisoning including
cyanide rash
The handling of cyanide or its
compounds or any work involving
the use of cyanide or it compounds. Inflammation or ulceration
of the skin or of mucous
membrane of the upper
respiratory passages or mouth
produced by dust, liquid or
vapour. Exposure to dust, liquid or vapour.

n
of the skin or of mucous
membrane of the upper
respiratory passages or mouth
produced by dust, liquid or
vapour. Exposure to dust, liquid or vapour.

Lead poisoning or its sequelae Any process involving the
production, liberation or handling
of lead or its compounds, or any
work involving the use of lead or its
preparations or compound. Primary epitheliomatous
cancer, or ulceration of the
skin
Any work or process involving the
handling or use of tar, bitumen,
mineral oil, paraffin or the
compounds, products or residues
of these substances.

n
Any work or process involving the
handling or use of tar, bitumen,
mineral oil, paraffin or the
compounds, products or residues
of these substances.

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460
Pathological manifestations
due to-
(a) radium or other
radioactive substances;
(b) X-rays. Any process involving exposure to
the action of radium, radio-active
substances, or X-rays. Poisoning by-
1. (a) benzene and its
homologues, or the
sequelae
Any process involving the
production, liberation; or utilisation
of benzene or its homologues or the
nitro- or amino-derivatives. (b) nitro- or amino-
derivatives of benzene
and its homologues or
the sequelae. 2. (a) Dinitrophenols or their
salts;
The use or handling of, or exposure
to the fumes of, or vapour
containing, any dinitrophenol or
its salt or any dinitro-substituted
phenol or its salt. (b) dinitro-substituted
phenols or their salts. 3. The halogen derivatives
of hydrocarbons of the
aliphatic series
The use or handling of, or exposure
to the fumes of, or vapour
containing any halogen derivative
of series any hydrocarbon of the
aliphatic series. 4.

The use or handling of, or exposure
to the fumes of, or vapour
containing any halogen derivative
of series any hydrocarbon of the
aliphatic series. 4.

Chemicals of the
phosphorus group
The use of handling of, or exposure
to the fumes of, or vapour
containing, any chemical of the
organophosphorus group. 5. Subcutaneous cellulite of
the hand (Beat hand)
Manual labour causing severe or
prolonged friction or pressure on
the hand. 6. Subcutaneous cellulite or
acute bursitis arising at or
about the knee. (Beat knee). Manual labour causing severe or
prolonged friction pressure at or
about the knee
7. Telegraphist’s cramp. The use of Morse-key telegraphic
instruments for prolonged periods.