Ensuring a safe and healthy workplace is a fundamental requirement for businesses operating in Kenya. The government places significant emphasis on protecting employees from hazards and risks associated with their work environment. Compliance with established health and safety regulations is not only a legal obligation but also crucial for fostering productivity, reducing absenteeism, and maintaining a positive organizational reputation.
Navigating the specific requirements can be complex, involving understanding the relevant legislation, implementing appropriate safety measures, and adhering to reporting and inspection protocols. Employers must proactively manage workplace risks and ensure that both management and employees are aware of their roles and responsibilities in maintaining a safe environment.
Health and Safety Laws and Regulatory Framework
The primary legislation governing occupational safety and health in Kenya is the Occupational Safety and Health Act (OSHA), 2007. This Act provides the legal framework for securing the safety, health, and welfare of persons at work and protecting others against risks to safety or health arising out of or in connection with the activities of persons at work. Various subsidiary regulations are issued under this Act to address specific hazards, industries, or processes.
Key aspects of the regulatory framework include:
- Establishing general duties for employers and employees.
- Setting standards for workplace conditions, machinery, and substances.
- Providing for the registration and inspection of workplaces.
- Outlining procedures for accident investigation and reporting.
- Mandating the establishment of safety committees in certain workplaces.
Occupational Health and Safety Standards and Practices
Compliance with Kenyan OSH standards involves implementing various practices aimed at identifying, assessing, and controlling workplace risks. A cornerstone of this is the risk assessment process. Employers are required to conduct regular risk assessments to identify potential hazards in the workplace, evaluate the likelihood and severity of harm, and implement control measures to eliminate or minimize risks. These assessments should be documented and reviewed periodically or when significant changes occur.
Safety committees are mandatory in workplaces employing 20 or more persons. These committees, comprising representatives from both management and employees, play a vital role in promoting safety awareness, conducting workplace inspections, investigating accidents, and making recommendations for improving safety standards.
Training requirements are also critical. Employers must provide adequate information, instruction, training, and supervision to employees to ensure their safety and health at work. This includes training on specific hazards, safe work procedures, the use of personal protective equipment (PPE), and emergency procedures. New employees and those changing roles or exposed to new risks require specific training.
Other standards and practices include:
- Maintaining a clean and orderly workplace.
- Ensuring machinery and equipment are safe and properly maintained.
- Controlling exposure to hazardous substances.
- Providing adequate welfare facilities (sanitation, washing, rest areas).
- Developing and implementing emergency response plans.
Workplace Inspection Processes and Requirements
Workplaces in Kenya are subject to inspection by Directorate of Occupational Safety and Health Services (DOSHS) officers. These inspections aim to ensure compliance with the OSHA and subsidiary regulations. Inspectors have the authority to enter workplaces, examine records, interview employees, and issue improvement or prohibition notices if contraventions are found.
Employers must:
- Register their workplaces with DOSHS.
- Maintain required records and make them available for inspection (e.g., accident books, medical surveillance records, training records, risk assessments).
- Cooperate fully with inspectors during visits.
- Address any issues raised in inspection reports or notices within the stipulated timeframe.
Regular internal workplace inspections, often conducted by the safety committee or designated safety officers, are also a key practice to proactively identify and address potential hazards before external inspections or incidents occur.
Workplace Accident Protocols and Reporting
In the event of a workplace accident or dangerous occurrence, specific protocols must be followed. The immediate priority is to provide first aid and medical attention to the injured person(s) and secure the accident scene to prevent further incidents.
Employers are legally required to report certain types of accidents and occupational diseases to DOSHS. This includes:
- Fatal accidents.
- Accidents causing serious bodily injury (defined by the Act).
- Dangerous occurrences (near misses with potential for serious harm).
- Diagnosed occupational diseases.
Reporting must be done promptly using the prescribed forms. An investigation into the cause of the accident or disease must also be conducted to identify contributing factors and implement corrective actions to prevent recurrence. Maintaining an accident book to record all incidents, regardless of severity, is also mandatory.
Employer and Employee Responsibilities for Workplace Safety
Workplace safety is a shared responsibility, with distinct duties placed upon both employers and employees under Kenyan law.
Employer Responsibilities:
- Provide and maintain a safe working environment, plant, and systems of work.
- Ensure the safety and absence of risks to health in connection with the use, handling, storage, and transport of articles and substances.
- Provide necessary information, instruction, training, and supervision.
- Maintain all workplaces under their control in a safe condition and provide safe access and egress.
- Provide and maintain a safe working environment that is without risks to health.
- Develop a safety and health policy statement (for workplaces with 50+ employees).
- Conduct risk assessments and implement control measures.
- Report accidents and occupational diseases.
- Provide appropriate personal protective equipment (PPE) where risks cannot be eliminated.
Employee Responsibilities:
- Take reasonable care for their own safety and health and that of others affected by their acts or omissions.
- Cooperate with the employer and other persons to comply with legal requirements.
- Use correctly any machinery, equipment, dangerous substance, appliance, or thing provided for their use.
- Report to the employer or supervisor any situation that they believe could present a risk to health and safety.
- Not interfere with or misuse anything provided in the interest of health, safety, or welfare.
Effective OSH management requires active participation and commitment from all levels within an organization.
