OCCUPATIONAL HEALTH AND SAFETY
COUNTRY OVERVIEW – KENYAINTRODUCTION
Occupational Safety and Health in Kenya dates back to 1950, with theintroduction of the Factories Act. In 1990 the Factories Act was amended to the
Factories and Other Places of Work Act, so as to enlarge its scope.
In Kenya, OSH is managed by the Directorate of Occupational Safety and HealthServices (DOSHS). DOSHS is the designated national authority for collection andmaintenance of a database, and for the analysis and investigation ofoccupational accidents and diseases, and dangerous occurrences.
Kenya has a population of 36.8 million people; of these, 2 million are employed in
the formal sector and 8.8 million are employed or self-employed in the informal
sector across the country. The DOSHS, with 71 professional OSH officers, is notcapable of inspecting the estimated 140,000 workplaces effectively, and thisleaves most workers exposed to OSH hazards without intervention. DOSHS
representation in 29 counties leaves the remaining 18 counties with no officers.
In Kenya, 75 institutions offer OSH training for safety and health committee
members, and also for awareness creation. This, together with the master’s
degree and postgraduate diploma courses offered by one local university, is likely
to increase awareness levels, and thus impact positively on the national OSH
profile. The country has 49 active registered safety advisers, 30 fire safety auditors,
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38 designated health practitioners, and many other professionals such as plantexaminers involved in the OSH field.
There is only one poison control centre in the country, the National Poison
Information and Management Centre at Kenyatta National Hospital (KN. It
provides an information and resource centre for all the hospitals in the country,
and for anyone who requires information about poisons and their antidotes.
OCCURRENCESTATUSOF

INDUSTRIAL/OCCUPATIONAL

ACCIDENTS

AND

OCCUPATIONAL DISEASES (INCLUDING STATISTICS)
TYPE OF HAZARD

NO.

OF

WORKERS NO.OF

WORKERSEXAMINEDOCCUPATIONAL DISEASE

Adverse temperatures241

2

Asbestos fibres

51

Cotton dust

446

11

Organic dust

808

16

Fossil fuels

90

29

Noise

3 229

118

Organophosphate and other 1 243

39

WITH

pesticides
Repetitive manual work

13

1

Respiratory: solvents

29

1

Silica dust

52

3

2

Welding alloys

67

1

Economic sector

Fatal

Non-fatal

Agriculture

andrelated 14

1 350

activities
Mining and quarrying

15

40

Manufacture of plastics

1

146

food 8664

Manufactureofproducts and beverages
Manufactureof

tobacco ––oftextiles, –441

products
Manufacture
tailoring,

dry-cleaningandlaundry
Manufacture,tanningand –1

wood 3

93

Manufacture of paper and 2

81

dressing of leather
Manufactureofproducts, furniture

paper products

3

Publishing,printing,

and 2

reproductionofrecordedofchemicals –

38

media
Manufacture

22and chemical products
Manufactureofrubber –17

Manufacture of machinery 1

176

products

andfabricatedmetalproducts
Manufactureofelectrical 3

14equipment and electronics
Other manufacturing

1763

Electricity, gas and hot water 2

41

supplyDrilling, collection, purification 1

7and distribution of water
Construction
Wholesale,retail

40

383

and 3

126

commission trade
Retail of automotive fuel

–

3

4

Repair of motor vehicles–

56

Hotels and restaurants–

83

and 77453–

84

Banking, insurance and real 3

12Transport,

posttelecommunications
Warehousing

estate activities
Research, development and 3

34

education
Publicadministrationand 1025

Health and social work

1

29

Sewage and refuse disposal, –22defencesanitation
Recreational,

cultural

and –

176

Other service activities

59

394

Total

249

5 774

sporting activities

DATA COLLECTION METHODS FOR STATISTICS
An OSH database management (OSHDBM) system was developed in 2010 forcollecting, classifying and analyzing accident data, in accordance with the ILO
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code of practice on notification and recording of occupational accidents, but it
has not been used, because of technical and financial constraints.
At present there is no system in place for the comparative analysis and productionof annual statistics. The accident statistics compiled by DOSHS are obtained fromquarterly and annual field office reports. When a DOSHS regional office receives
notification of an accident or disease, it is required to enter the information in theaccident register. However, staff shortages mean that data entry is not carriedout uniformly throughout the country, thus the data collected cannot be used forcompiling and analysing the statistics using the international classification systems.
The compiled statistics are usually summary information notes for the
departmental report, and do not conform with the guidance provided by the ILO
code of practice. Consequently they are never comprehensive, and cannot be
used for computing frequency, incidence or severity rates.
The statistics for occupational accidents are not analysed according to thecharacteristics of workers, such as their sex, or employment status, but according
to fatality, i.e. fatal or non-fatal.

SAFETY AND HEALTH RELATED LAWS AND REGULATIONS
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1. the Occupational Safety and Health Act, 2007 (OSHA 2007)
The purpose of OSHA 2007, is to secure the safety, health and welfare ofpeople at work, and to protect those not at work from risks to their safety
and health arising from, or in connection with, the activities of people atwork
2. Work Injury Benefits Act, 2007 (WIBA, 2007).
The purpose of WIBA 2007, is to provide compensation to employees forwork-related injuries and diseases contracted in the course of their employment, and for connected purposes.
Other regulations and subsidiary laws that deal with OSH issues.
■

The Biosafety Act, No. 2, 2009■

The Environmental Management and Coordination Act, No. 8, 1999■

The Public Health Act, Cap. 242■

The Employment Act, No. 11, 2007■

The Energy Act, No. 12, 2006■

The Food, Drugs and Chemical Substances Act, Cap. 254■

The Mining Act, Cap. 306■

The Pest Control and Product Act, Cap. 346■

The Petroleum (Exploration and Production) Act, Cap. 308■

The Radiation and Protection Act, Cap. 243■

The Standards Act, Cap. 496

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LABOR INSPECTION SYSTEM
There exists an inspection system backed by national legislation (OSHA 2007 and
WIBA 2007) that has a significant role in application of the national system forrecording,notificationandinvestigationofoccupational

accidents,

occupational diseases and dangerous occurrences.
The inspection covers all sectors in Kenya.
WORKERS’ ACCIDENT COMPENSATION INSURANCEWIBA 2007 requires employers to pay compensation to employees foroccupational injuries and occupational diseases incurred while at work. When an
accident occurs, both OSHA and WIBA 2007 require the employee to report it tohis or her supervisor, whereas for an occupational disease the medical
practitioner who diagnoses the disease is required to report it both to theemployer and to the competent authority. The employer must then report theaccident or disease on a prescribed form to the Director of DOSHS within theprescribed timeframe. The legislation requiring the establishment of a notification
system comprises the Occupational Safety and Health Act, 2007, and the Work
Injury Benefits Act, 2007.
OSHA 2007, and WIBA 2007, both require the employer to notify the Director of
DOSHS of the occurrence of any occupational accident, disease or dangerous
occurrence. The prescribed standard form for notification purposes is DOSH 1,
which is completed in triplicate. The original serves as a notification and is sent,8

within seven days of occurrence of the accident, directly to DOSHS by theemployer. The other two copies are forwarded to the OSH Officer immediately
the doctor completes part II of the form.
OSHA 2007 also requires medical practitioners who diagnose occupational
diseases to notify the Director of DOSHS using form DOSH 12. DOSH 1 is available
from the department’s website, and DOSH 12 is available at all DOSHS officesround the country.
The subsidiary legislation on safety and health committees, LN 31/2004, requires
the occupier to appoint a member of the management staff as the competentperson responsible for safety, health and welfare in the enterprise. This competentperson is also the secretary of the organiza- tion’s safety and health committee,
and is responsible for notification of occupational accidents and diseases.
The legal requirements for recording and notification of occupational accidents
and diseases are in accordance with ILO instruments, but there is a gap in theenforcement of the laws. DOSHS is currently operating at only 29 per centtechnical capacity, owing to understaffing. This means that only limited action istaken on reported accidents, and only those that are very serious or within easyreach by the officers are acted upon. There are also no guidelines for enterpriseowners on recording occupational accidents where the cause, agency, type etc.
of the accident are usually indistinguishable.
The implementation of WIBA 2007 is hindered by the nullification by the court ofsome sections of the Act.
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WIBA 2007 requires the employer to subject the injured employee to a medical
examination to determine the percentage incapacity, from which the OSH officer
calculates the compensable amount.
In this system, the recording, notification and investigation of accidents anddiseases, together with benefits processing and payments, are all elements of theprocedure for work injury compensation.
Under OSHA 2007, the employee is required to cooperate fully with the employer
in fulfilling the duties placed upon the employer.
Insurance companies provide workplace accident insurance schemes, but these
are not mandated by law. The section in WIBA 2007, that required employers to
obtain and maintain an insurance policy for employees was nullified by the court,
and is due for review. Accident statistics for individual insurance companies are
not used for analysing or reporting statistics for occupational accidents anddiseases.
SAFETY OF EQUIPMENT AND FACILITIES
Plant examiners are charged with ensuring safety of equipment and facilities.
Plant examiners are approved under Sections 63, 64 65, 67, 68, 69, 70 and 71 of
OSHA 2007. A plant examiner must have a minimum of a diploma in mechanicalor electrical engineering (or equivalent) from a recognized institution, with at least
eight years’ experience in maintaining and running plant or equipment coveredby the relevant section of OSHA 2007, or a science degree from a recognizedinstitution and at least five years’ experience in maintaining and running such10

plant or equipment, or have been enforcing the sections of OSHA 2007, relating
to plant or equipment for a similar period of time. He or she should demonstrate
an understanding of the theory and legal provisions governing the safety of theequipment or plant of interest, and have a minimum of 12 months’ provenattachment to and working with a person approved in the section of interest,
together with proven basic computer skills.
TRAINING/ EDUCATION PROGRAMSCOURSETRAINING INSTITUTION

masters

and Jomo Kenyatta University of Agriculture andpostgraduate

diploma Technology (JKUAT)

courses in OSH
post-basic diploma in OSH -Kenya Medical Training College (KMTC)

unit in OSH- The Institute of Human Resource Management(IHRM)- Kenyatta University and Moi University

Training

byandemployers’ FKE
workers’organizations
Skills training

Specific skills training for plant inspectors, hoist andlift examiners and boilers, steam receiver and11steamcontainer

examiners

isprovidedinengineering training institutions
National

safety The Kenya Occupational Safety and Healthassociation

Association (KOSHA) is a registered body of OSH
practitioners in Kenya. One of its primary functions
is to provide training in all areas of OSH

ACTIVITIES OF INDUSTRIAL/OCCUPATIONAL SAFETY AND HEALTH ORGANIZATIONSOTHER THAN GOVERNMENT
Currently there are no known active NGOs involved in OSH.
OSHMS AND RISK ASSESSMENT
Implementation of OSH management systems at enterprise level
The law is not specific on the establishment of OSH management systems at theenterprise level, but all the elements of ILO-OSH 2001 have been adequately
covered in OSHA 2007. However, individual organizations have establishedmanagement systems based on diverse standards.
Technical standards used or applied under existing regulations
All standards in the country, including technical standards, are developed by the
Kenya Bureau of Standards (KEBS). At KEBS there are various technicalcommittees comprising experts who are involved in developing standards in their
specialized areas. All the standards devel- oped by KEBS are voluntary, andbecome mandatory only when they are cited in legislation or legal notices. The
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developed standards that are related to OSH are divided into three catego- ries:
management systems (procedures, risk assessment and incident investigation);
facilities (equipment and environment); and human factors.
CONVENTIONS RATIFIED BY KENYA■

Kenya has ratified and adopted 49 ILO Conventions; 43 are active and tenof them are OSH related namely:■

Convention No. 17: Workmen’s Compensation (Accidents) Convention,

1925, ratified on 13 January 1960■

Convention No. 19: Equality of Treatment (Accident Compensation)

Convention, 1925, ratified on 13 January 1964■

Convention No.12: Workmen’s Compensation (Agriculture) Convention,

1921, ratified on 13 January 1964■

Convention No. 32: Protection against Accidents (Dockers) Convention(Revised), 1932, ratified on 13 January 1964■

Convention No. 16: Medical Examination of Young Persons (Sea)Convention, 1921, rati- fied on 9 February 1971■

Convention No. 27: Marking of Weight (Packages Transported by Vessels)

Convention, 1929, ratified on 9 February 1971■

Convention No. 81: Labour Inspection Convention, 1947, ratified on 13

January 1964■

Convention No. 129: Labour Inspection (Agriculture) Convention, 1969,

ratified on 9 April 197913

■Convention No. 134: Prevention of Accidents (Sea Ferries) Convention, 1970,

ratified on 6 June 1990■

Convention No. 182: Worst Forms of Child Labour Convention, 1999, ratified

on 7 May 2001.
■

Conventions 155 and 187 have been identified and prioritized for

ratification, but are awaiting an Act of Parliament in line with the new Constitution.
MAJOR INITIATIVES (STRATEGIES) BY THE GOVERNMENT ON ANY OF THE ABOVERegular activities

Regular activities designed to improve the levels of prevention and protection
includes inspec- tions by OSH officers, annual OSH and fire audits, training ofworkers, and surveillance of workers exposed to hazards.


National initiatives: safety days, awareness-raising campaigns

On the World Day for Safety and Health at Work, and during the preceding week,
DOSHS publishes, through its information centre, a newspaper supplement
containing articles and information on OSH. Other periodicals, e.g. The
Commerce & Industry Business magazine, produce themed issues during April
where awareness-raising articles on OSH by different OSH players in the country
are published. Workplaces are encouraged to play a role in celebrating the day
by conducting an activity that might improve OSH in their organizations. Awards
are also given to the best performers in various areas during an annual nationalcelebration on 28 April.

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Major issues on occupational safety and health in your country.
Lack of knowledge on OSH among employees
Lack of clear guidelines on implementation of OSH
Counter measures for the above problems
Lack of knowledge on OSH among employees
There is need to introduce a unit of OSH in all colleges since the OSH basic
concepts will be applied across all professions. And capacity build those who are
already employed on matters OSH.
Lack of clear guidelines on implementation of OSH
Guidelines should be developed and tailor made to different work places
especially for those working in the health department. The Act mainly addresses
those working in factories. The act also needs to be reviewed to cover all kinds of
employments

Good practices that are now being used during COVID 19 pandemic at work
place are:
-Use of PPE
Organization have ensured that all employees wear masks at work and only serve
people who visit their premises with masks.
-Engineering controls

15Offices have been restructured to ensure that people seat 1,5 metes apart andwork stations dismantled so that people don’t face each other while working.
-More hand washing stations have been installed at work places.
-More windows have been created to ensure natural air circulation in offices-Administrative controls-People with underlying conditions are allowed to work from home.
-People are coming to work in sifts

REFERENCE
Occupational Safety and Health ACT, 2007
Occupational Safety and Health profile, 2012

Samuel G. Mureithi
Public Health Officer/ Occ. Health & safety
Kiambu County - Kenya
sgmureithi@gmail.com+254 721 774039

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