An employee has a right to refuse work that puts him in danger.

Under section 14 of the Occupational Safety and Health Act gives a worker the right to refuse work that he or she believes is unsafe to himself/ herself or another worker. A worker who believes that he or she is endangered by workplace violence may also refuse work. Makala Mailu Mumende  vs.Nyali Golf County Club [1991] KLR 13 stated thus: “No employer in the position  of the defendant  would warrant  the total continuous security  of an  employee  engaged  in the kind  of work that  the plaintiff  was engaged   in, but inherently, dangerous.  An employer is expected to reasonably take steps in respect of the employment, to lessen danger or injury to the employee.  It is the employer’s responsibility to ensure a safe working place for his/her employees.”

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