The Occupational Safety and Health Act, 2007 (OSHA) is the primary legislation governing health and safety in Kenya. It aims to protect the safety, health, and welfare of all Kenyan workers. Key provisions include the general duties of employers and employees, the establishment of safety and health committees in workplaces with more than 20 employees, and the obligation for employers to report work-related accidents, diseases, and dangerous incidents.

The Factories and Other Places of Work Act (Cap 514) complements OSHA, focusing on specific high-risk aspects and environments. It outlines standards for the physical working environment, addresses mitigation measures to protect workers from harmful substances, requires employers to implement fire prevention and emergency response measures, and mandates safety standards for machinery and its operation.

The Work Injury Benefits Act, 2007 (WIBA) provides a framework for compensation to workers who suffer injuries or occupational diseases. It holds employers liable to compensate workers for work-related injuries or diseases and outlines the types of compensation available to injured workers or the families of deceased workers.

Several other Kenyan laws address specific aspects of health and safety. The Public Health Act (Cap 242) addresses public health issues such as sanitation and hygiene practices. The Environmental Management and Coordination Act, 1999 (EMCA) provides a framework for environmental protection, promoting safe handling of hazardous materials and pollutants. The Radiation Protection Act (Cap 243) regulates the use of radiation sources and establishes safety standards to protect workers from radiation hazards.

The Directorate of Occupational Safety and Health Services (DOSHS) and the National Council for Occupational Safety and Health are the regulatory bodies responsible for enforcing health and safety laws and providing guidance to employers and employees. This is a general overview of health and safety laws in Kenya. Employers and employees should always consult the specific legal texts and seek professional advice for their particular situations.

Kenya's occupational health and safety standards are a blend of national legislation and international best practices, guided by the International Labour Organization (ILO). These standards cover a wide range of areas, from hazard control and personal protective equipment to training and emergency procedures.

Hazard Identification and Control

Kenyan occupational health and safety (OSH) standards require employers to conduct workplace risk assessments to identify potential hazards and implement appropriate control measures. The hierarchy of controls is emphasized, prioritizing elimination, substitution, engineering controls, administrative controls, and lastly, personal protective equipment (PPE).

Workplace Environment

The standards address maintaining clean and well-ventilated working areas to protect worker health. They also ensure adequate lighting and comfortable temperature ranges in workplaces. Occupational noise exposure limits are in place, and employers must implement hearing protection and noise reduction measures.

Chemical Safety

Employers are required to identify, label, and control hazardous substances in the workplace. Material Safety Data Sheets (MSDS) for hazardous chemicals should be available to inform workers of risks and safe handling procedures.

Fire Safety

Measures to prevent fires include the safe storage of flammable materials and regular maintenance of electrical systems. Employers must provide fire extinguishers, fire alarms, and other appropriate firefighting equipment. They must also have emergency evacuation plans and conduct regular fire drills.

Machinery and Equipment Safety

Regulations mandate proper guarding of moving machinery parts and safety devices to prevent accidents. There is also a requirement for lockout/tagout procedures during maintenance or repair work to prevent accidental start-up of equipment.

Personal Protective Equipment (PPE)

Employers must provide suitable PPE based on identified workplace hazards and ensure its proper use by workers. Workers must receive training on the correct selection, use, and maintenance of PPE.

Occupational Health Surveillance

Some high-risk jobs may necessitate pre-employment and periodic medical examinations to monitor worker health. Where applicable, monitoring of worker exposure to hazardous substances (e.g., air sampling, biological monitoring) is required.

Training and Information

Employers are obligated to provide workers with OSH training relevant to their tasks and the workplace hazards. Clear and visible safety signs are required to warn of hazards and instruct on safe practices.

These standards offer a framework, and specific requirements can vary depending on the industry and nature of work. Always refer to the relevant legal documents and sector-specific guidelines for the most up-to-date information.

Workplace inspections are a crucial tool used in Kenya to enforce compliance with health and safety regulations and promote a safe working environment for all employees. The key objectives of workplace inspections include identifying hazards and risks, verifying compliance, educating and advising, and enforcement and deterrence.

Conducting Inspections

The Directorate of Occupational Safety and Health Services (DOSHS) is primarily responsible for conducting workplace inspections in Kenya. Their inspection procedures typically involve planning, entry and notification, workplace walkthrough, interviews and record review, and an inspection report.

Inspection Criteria

OSH inspections are guided by the standards outlined in various laws and regulations. Some key areas of focus during inspections include hazard identification and control, workplace environment, fire safety, chemical safety, machinery safety, electrical safety, emergency preparedness, first aid provisions, use of personal protective equipment (PPE), and record-keeping and documentation.

Inspection Frequency

The frequency of inspections varies depending on the level of perceived risk associated with a particular workplace. DOSHS prioritizes high-risk industries like construction, manufacturing, and mining for more frequent inspections.

Follow-Up Actions

Based on the inspection findings, OSH officers can take several actions including verbal advice, improvement notice, prohibition notice, and prosecution. Workers and their representatives have the right to report safety concerns and can also request inspections from DOSHS.

Workplace accidents are a serious concern and need to be reported promptly and accurately. In Kenya, the Occupational Safety and Health Act, 2007 (OSHA) and the Work Injury Benefits Act, 2007 (WIBA) provide clear guidelines for reporting work-related accidents, injuries, and diseases.

Reporting Timelines

Fatal accidents must be reported to the nearest DOSHS office within 24 hours by the fastest possible means and followed up by a written report within 7 days. Non-fatal accidents resulting in absence from work for more than 3 days must be reported in writing within 7 days. Employers must report suspected cases of occupational diseases to DOSHS. Employers use designated forms to provide details of the accident, injured worker, and nature of injuries. Employees have the right to report injuries directly to DOSHS if the employer fails to do so.

Accident Investigations

The Directorate of Occupational Safety and Health Services is mandated to investigate accidents to determine the cause, identify preventive measures, and assess if any regulatory violations occurred. Investigations typically involve site visits, witness interviews, and document reviews. DOSHS prepares reports with findings, recommendations for preventing recurrence, and outlining potential enforcement actions.

Compensation Claims

Workers injured in work-related accidents or those who contract occupational diseases are entitled to compensation under the Work Injury Benefits Act, 2007. Employers are liable to compensate regardless of fault. Compensation can cover medical expenses, temporary disability benefits, permanent disability benefits, and death benefits. The claim procedure involves worker notification, employer's report, and benefits assessment by DOSHS.

Importance of Accident Protocols

Adhering to these protocols for reporting, investigating, and addressing workplace accidents is crucial for protecting worker rights, identifying root causes, strengthening safety culture, and upholding legal compliance.