Sections 121 to 124 of the Employment Act (Chapter 373) set the conditions that employer-provided housing must meet. The overarching standard is in section 119 — adequate housing means housing of the standard prescribed by the relevant building or local authority, or approved by the Secretary where there is no such authority.
Section 121 — water
Where housing is supplied for employees by an employer, the employer shall provide, within a reasonable distance of the house, an adequate supply of water suitable for drinking and washing purposes.
Two standards are combined: quantity (adequate), quality (suitable for drinking and washing) and proximity (within a reasonable distance).
Where, in the opinion of an authorised officer, the supply is (a) inadequate or (b) not reasonably accessible for use, the officer may serve on the employer a written notice requiring him to remedy the defect within the time specified.
An employer who fails or refuses to comply with the notice is guilty of an offence. Penalty: a fine not exceeding K200.00.
The enforcement is direct and does not require anyone to go to court first. And section 142 expressly empowers an authorised officer entering a place where employees are housed to take samples of the water supply.
Section 122 — electricity and lighting
| Situation | Obligation |
|---|---|
| Electricity readily available | The housing shall be adequately illuminated by electricity |
| Electricity not readily available | The employer shall provide sufficient lighting appliances and fuel to adequately illuminate the housing |
Subject to any registered award to the contrary, this is at the cost of the employer — but the employer may deduct the cost of the electricity or illumination, other than the cost of installation, from the employee’s wages.
And under section 122(2), the question whether housing is adequately illuminated shall be determined by a labour officer.
The exclusion of installation costs is worth noting: wiring, poles, fittings and connection are the employer’s expense and cannot be passed on. Any deduction that is permitted must still comply with section 88 — prior written consent, the reason on the pay statement, and the 50% overall cap.
Section 123 — mosquito nets
(1) The Secretary may, by notice in the National Gazette, declare an area to be one where mosquito nets need not be provided.
(2) In all other areas, where housing provided by an employer is not adequately mosquito-proofed, the employer shall provide a suitable mosquito net for:
(a) each employee employed and housed by him; and
(b) each accompanying dependant of those employees over the age of two years.
The obligation to supply nets arises only where the housing is not adequately mosquito-proofed. Screening the building is the alternative. Either way, in a non-declared area an employee sleeping in unscreened employer housing is entitled to a net — and so is each accompanying dependant over two.
Where an employer says nets are not required, ask whether the area has been declared by National Gazette notice under section 123(1).
Section 124 — clean and sanitary condition
(1) All buildings, premises and surrounding areas where an employee or accompanying dependants are housed or employed shall be maintained in a clean and sanitary condition.
(2) An employee may be required by an employer to perform such duties as may reasonably be necessary to maintain those buildings, premises and surrounding areas in a clean and sanitary condition.
Subsection (1) covers the workplace as well as the housing, and it extends to surrounding areas — drains, latrines, rubbish, and standing water. Subsection (2) permits the employer to require employees to help, but only to the extent reasonably necessary for that purpose; it is not a general power to allocate unrelated work.
How the standards are enforced
| Section | Mechanism |
|---|---|
| 142 | An authorised officer may enter and inspect places where employees are employed or housed, by day, without notice; inspect sanitary arrangements; take water samples; check medicines; inspect kitchens and food stores. Not a private dwelling house without consent, and not a mine unless accompanied by a mining inspector |
| 121(2) | Written notice to remedy a defective water supply within a specified time |
| 121(3) | Offence to fail or refuse to comply — fine up to K200.00 |
| 122(2) | Adequacy of illumination determined by a labour officer |
| 140 | Offence to hinder or obstruct an authorised officer — fine up to K300.00 |
| 141 | General penalty of up to K100.00 where no other penalty is provided |
| 147 | Notices on safety, health and welfare to be displayed prominently at each place of employment or housing |
Related duties at the place of employment
- Section 128 — medical supervision scaled to the number of employees and accompanying dependants housed or employed.
- Section 129 — a sick ward, or a hospital where 400 or more are employed or housed.
- Sections 67 to 72 — food rations, including storage to the satisfaction of an authorised officer and the provision of cooks.
- Section 132 — an employee nominated to oversee general welfare.
- Section 126 — the right to remain in the housing through strikes, lay-offs, illness and leave, and for two weeks after most terminations.
If the standards are not met
- Record it — photographs with dates, and a note of how far the water source is and what condition it is in.
- Raise it in writing with the employer, and keep a copy. Refusing information reasonably required, or penalising you for asking, is an offence under section 138.
- Ask the welfare nominee under section 132 to take it up.
- Contact a labour officer and ask for an inspection under section 142, and for a section 121(2) notice if the water supply is inadequate or inaccessible.
- Ask whether the area is declared under section 123(1) if nets are refused.
- Ask the labour officer to determine illumination under section 122(2).
- Check the deductions — installation costs cannot be passed on, and all deductions need consent and must stay within the 50% cap.
Sources
- Employment Act (Chapter 373) — ss 67–72, 82, 88, 119–126, 128, 129, 132, 138, 140–142, 147; Part VIII
- Mining Act 1992
- Industrial Relations Act — PacLII 1986 Revised Edition
Before relying on anything here, read the current text of the Employment Act (Chapter 373) and check for later amendments. If a decision matters to you, get advice — start with the Office of the Public Solicitor, or find a firm in the law firms directory.