Employee’s duty to wear protective gear/clothing provided by the employer.

An employee has a duty to use protective gear/ clothing provided to him by the employer. Section 13(1c) of the Occupational Safety and Health Act places a duty on the employee to at all times wear or use any protective equipment or clothing provided by the employer for the purpose of preventing risks to his safety and health. In Paul Oluoch Ominde v Kenya Power & Lighting Co. Ltd [2016] eKLR the Appellate court in disagreeing with the trial court rightfully noted that had there been evidence that the respondent had provided the appellant with a helmet which for any reason the appellant failed to wear when executing his duties, different considerations would have applied.http://kenyalaw.org/caselaw/cases/view/123886

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