Ensuring a safe and healthy workplace is paramount for any business operating in Kenya. Compliance with local health and safety regulations is not just a legal obligation but also a fundamental aspect of responsible business practice, contributing to employee well-being, productivity, and overall operational efficiency. Understanding the specific requirements set forth by Kenyan law is crucial for employers to create environments that protect their workforce from potential hazards and promote a culture of safety.
Kenya's framework for occupational safety and health is designed to safeguard employees across various industries. Adhering to these standards involves implementing preventative measures, conducting regular assessments, providing necessary training, and establishing clear procedures for managing risks and responding to incidents. Staying informed about the relevant legislation and best practices is essential for maintaining compliance and fostering a secure working 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 foundation for protecting workers from hazards in their workplaces. It outlines the duties of employers, employees, and other stakeholders, and establishes the Directorate of Occupational Safety and Health Services (DOSHS) as the main regulatory body responsible for enforcing the Act. Various subsidiary regulations and standards complement the OSHA, addressing specific hazards, industries, or activities.
Key aspects covered by the legal framework include:
- General duties of employers to ensure the safety, health, and welfare of their employees.
- Duties of employees to cooperate with employers and follow safety procedures.
- Requirements for registration of workplaces.
- Provisions for workplace inspections and enforcement.
- Regulations concerning specific hazards like machinery, chemicals, noise, and manual handling.
- Requirements for reporting occupational accidents and diseases.
Occupational Health and Safety Standards and Practices
Compliance with Kenyan health and safety requirements involves implementing specific standards and practices within the workplace. This includes conducting thorough risk assessments, establishing safety committees, providing adequate training, and maintaining necessary documentation.
Risk Assessments
Employers are required to identify potential hazards in the workplace, assess the risks associated with them, and implement control measures to eliminate or minimize these risks. Risk assessments should be systematic and cover all aspects of the work environment, including physical, chemical, biological, ergonomic, and psychosocial hazards. The findings of risk assessments should inform the development of safety procedures and control measures.
Safety Committees
Workplaces employing 20 or more persons are generally required to establish a safety and health committee. This committee, comprising representatives from both management and employees, plays a vital role in promoting safety awareness, conducting workplace inspections, investigating accidents, and advising on safety matters. The committee should meet regularly and keep records of its proceedings.
Training Requirements
Employers must provide adequate information, instruction, training, and supervision to their employees to ensure their safety and health. Training should cover specific workplace hazards, safe work procedures, the use of personal protective equipment (PPE), and emergency procedures. New employees, those changing roles, or those exposed to new risks require specific training. Refresher training should be provided periodically.
Documentation Obligations
Maintaining comprehensive records is a key requirement. This includes:
- Workplace registration certificates.
- Records of risk assessments.
- Minutes of safety committee meetings.
- Records of employee training.
- Records of workplace inspections.
- Records of accidents, dangerous occurrences, and occupational diseases.
- Health surveillance records where required.
Workplace Inspection Processes and Requirements
DOSHS inspectors are authorized to enter workplaces at any reasonable time to conduct inspections to ensure compliance with the OSHA and related regulations. Employers must cooperate with inspectors and provide access to all relevant areas and documentation.
During an inspection, an inspector may:
- Examine the premises, plant, and machinery.
- Require the production of documents and records.
- Interview employees and management.
- Take samples of substances or materials.
- Issue improvement notices or prohibition notices if non-compliance or imminent danger is found.
Employers should be prepared for inspections by ensuring all required documentation is up-to-date and readily available, and that the workplace meets the required safety standards.
Workplace Accident Protocols and Reporting
In the event of a workplace accident, dangerous occurrence, or diagnosis of an occupational disease, specific protocols must be followed. The priority is to provide immediate assistance to the injured person and secure the scene to prevent further incidents.
Employers are legally required to report certain types of accidents, dangerous occurrences, and occupational diseases to DOSHS within a specified timeframe.
| Incident Type | Reporting Requirement |
|---|---|
| Fatal accident | Report immediately by the quickest means, followed by a written report within 7 days. |
| Accident causing serious bodily injury | Report within 7 days. |
| Dangerous occurrence (near miss with high risk) | Report within 7 days. |
| Occupational disease | Report upon diagnosis by a medical practitioner. |
A detailed investigation into the cause of the incident should be conducted to identify root causes and implement corrective actions to prevent recurrence. Records of all incidents and investigations must be maintained.
Employer and Employee Responsibilities for Workplace Safety
Both employers and employees have distinct but complementary responsibilities under Kenyan law to ensure a safe working environment.
Employer Responsibilities
Employers bear the primary responsibility for workplace safety. Their duties include:
- Providing a safe working environment, plant, and systems of work.
- Ensuring the safety and absence of risks to health in connection with the use, handling, storage, and transport of articles and substances.
- Providing necessary information, instruction, training, and supervision.
- Maintaining all places of work in a condition that is safe and without risks to health.
- Providing and maintaining safe means of access to and egress from the workplace.
- Providing and maintaining a safe and healthy working environment with adequate welfare facilities.
- Registering the workplace with DOSHS.
- Establishing a safety and health committee if required.
- Conducting risk assessments and implementing control measures.
- Providing appropriate personal protective equipment (PPE) free of charge.
- Reporting accidents, dangerous occurrences, and occupational diseases.
Employee Responsibilities
Employees also have a duty to cooperate with their employer and contribute to workplace safety. Their responsibilities include:
- Taking reasonable care for their own safety and health and that of others who may be affected by their acts or omissions.
- Cooperating with the employer and other persons to enable compliance with legal duties.
- Using correctly any machinery, apparatus, article, or substance in accordance with training and instructions.
- Using any PPE provided by the employer.
- Reporting any situation that they believe constitutes a hazard and cannot correct themselves.
- Not intentionally or recklessly interfering with or misusing anything provided in the interest of safety, health, or welfare.
