Duty of employer to provide clean and safe working environment for employees.

Under common law, the employer owes a duty of care on the safety of his workers therefore he should take all reasonable steps to ensure the safety of his employees. Efil Enterprises Limited v Dickson Mathambyo Kilonzo [2018] eKLR. The respondent was employed by the Appellant and on the material day while he was pulling a wheelbarrow, a rope which he was using snapped because of which he fell and got injured. The Respondent testified that the task of pulling the wheelbarrow was necessitated by the rocky surface on which they were transporting the sand and concrete. The Appellant failed to show what steps, if any, it took to ensure the environment under which the Respondent worked was safe.  There was no evidence that attempts were made by the Appellant to make the path through which the Respondent was to follow with the wheelbarrow was such that it was not necessary to resort to pulling the same. http://kenyalaw.org/caselaw/cases/view/162266/

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