Kenya is committed to ensuring the health, safety, and welfare of workers in all workplaces. The country has established a comprehensive legal and regulatory framework to promote a safe and healthy working environment. Employers operating in Kenya must understand and comply with these requirements to protect their employees and avoid penalties. This guide provides an overview of the key health and safety requirements in Kenya for 2025, covering legal frameworks, standards, inspection processes, accident protocols, and the responsibilities of both employers and employees.
Health and Safety Laws and Regulatory Framework
The primary legislation governing occupational health and safety in Kenya is the Occupational Safety and Health Act (OSHA) of 2007. This Act provides a framework for ensuring safety and health in all workplaces and applies to all employers and employees. Key regulations and legal instruments complementing OSHA include:
- Work Injury Benefits Act (WIBA) of 2007: Provides compensation to employees for injuries or diseases sustained in the course of employment.
- Factories and Other Places of Work Act (Cap. 514): Sets standards for the registration, inspection, and operation of factories and other workplaces.
- Labour Institutions Act of 2007: Addresses labor standards and employment conditions, including health and safety aspects.
These laws are enforced by the Directorate of Occupational Safety and Health Services (DOSHS), which is responsible for inspecting workplaces, investigating accidents, and ensuring compliance with health and safety regulations.
Occupational Health and Safety Standards and Practices
Kenyan workplaces are expected to adhere to specific occupational health and safety standards and practices to minimize risks and prevent accidents. These standards cover a wide range of areas, including:
- Hazard Identification and Risk Assessment: Employers must conduct regular risk assessments to identify potential hazards in the workplace and implement appropriate control measures.
- Safe Work Procedures: Developing and implementing safe work procedures for all tasks, especially those involving hazardous equipment or substances.
- Personal Protective Equipment (PPE): Providing employees with appropriate PPE, such as safety helmets, gloves, and eye protection, and ensuring its proper use.
- Emergency Preparedness: Establishing emergency response plans, including evacuation procedures, first aid provisions, and fire safety measures.
- Health Surveillance: Conducting regular health check-ups for employees exposed to specific hazards, such as noise, dust, or chemicals.
- Ergonomics: Designing workstations and tasks to minimize the risk of musculoskeletal disorders.
- Welfare Facilities: Providing adequate welfare facilities, such as clean drinking water, toilets, and rest areas.
Workplace Inspection Processes and Requirements
DOSHS conducts regular inspections of workplaces to ensure compliance with health and safety regulations. Inspections may be routine or triggered by complaints or accidents. During an inspection, DOSHS officers may:
- Examine the workplace for hazards and unsafe conditions.
- Review safety policies, procedures, and records.
- Interview employees and employers.
- Issue improvement notices or prohibition notices if violations are found.
Employers must cooperate with DOSHS officers during inspections and provide them with access to all relevant information. Failure to comply with inspection requirements can result in penalties, including fines and closure of the workplace.
Workplace Accident Protocols and Reporting
In the event of a workplace accident, employers must follow specific protocols for reporting and investigation. These protocols include:
- Providing Immediate Assistance: Ensuring that injured employees receive prompt medical attention.
- Securing the Accident Scene: Preserving the accident scene to allow for a thorough investigation.
- Reporting the Accident: Reporting serious accidents to DOSHS within 24 hours.
- Investigating the Accident: Conducting a thorough investigation to determine the root causes of the accident and prevent recurrence.
- Maintaining Records: Keeping accurate records of all accidents and investigations.
The following table outlines the key steps in accident reporting:
| Step | Description |
|---|---|
| 1 | Provide immediate medical assistance to the injured employee. |
| 2 | Secure the accident scene and prevent further incidents. |
| 3 | Notify DOSHS of the accident within 24 hours for serious injuries or fatalities. |
| 4 | Conduct a thorough investigation to determine the cause of the accident. |
| 5 | Implement corrective actions to prevent similar accidents in the future. |
| 6 | Maintain detailed records of the accident, investigation, and corrective actions. |
Employer and Employee Responsibilities for Workplace Safety
Both employers and employees have specific responsibilities for maintaining a safe and healthy workplace.
Employer Responsibilities:
- Providing a safe and healthy working environment.
- Conducting risk assessments and implementing control measures.
- Providing employees with appropriate training and information.
- Providing and maintaining PPE.
- Establishing emergency response plans.
- Reporting accidents and investigating their causes.
- Establishing and supporting safety committees.
Employee Responsibilities:
- Following safe work procedures.
- Using PPE properly.
- Reporting hazards and accidents to the employer.
- Participating in safety training programs.
- Cooperating with the employer in implementing safety measures.
Safety Committees
Employers with 20 or more employees are required to establish safety committees. These committees bring together employer and employee representatives to address health and safety issues in the workplace. Safety committees play a crucial role in:
- Identifying hazards and recommending control measures.
- Promoting safety awareness and training.
- Investigating accidents and recommending corrective actions.
- Monitoring the effectiveness of safety programs.
Risk Assessments
Regular risk assessments are essential for identifying potential hazards and implementing appropriate control measures. Risk assessments should:
- Identify all potential hazards in the workplace.
- Evaluate the risks associated with each hazard.
- Implement control measures to eliminate or minimize the risks.
- Regularly review and update the risk assessments.
Training Requirements
Employers must provide employees with adequate training on health and safety matters. Training should cover:
- General safety awareness.
- Specific hazards associated with their jobs.
- Safe work procedures.
- Use of PPE.
- Emergency response procedures.
Documentation Obligations
Employers are required to maintain accurate records of various health and safety activities, including:
- Risk assessments.
- Accident reports.
- Training records.
- Inspection reports.
- Safety committee meetings.
These records must be kept for a specified period and made available to DOSHS officers upon request.
