HEALTH AND SAFETY LAWS

All employees and employers should know about Health and Safety Laws in the workplace in Kenya, including occupational health and safety, safety for workers

It is the responsibility of every employer to ensure the safety, health and welfare of all employees at work working in his/her workplace.

The Occupational Safety and Health Act, No. 15 of 2007 and revised in 2010, provides for the safety, health and welfare of workers and all persons lawfully present at workplaces.

What are obligations of the employer?

The responsibilities of the employer as per section 6 include to:

• Provide and maintain the plant and systems and procedures of work that are safe and without risks to health.
• Make arrangements for ensuring safety and the absence of risks to health in connection with the use, handling, storage and transport of articles and substances.
• Provide for information, instruction, training and supervision as is necessary to ensure the safety and health at work of every person employed.
• Maintain the workplace in a condition that is safe and without risks to health and provide and maintain necessary means of access to and egress (outlet) from it that are safe and without risks to health.
• Provide and maintain a working environment for every person employed that is safe, without risks to health, and adequate as regards facilities and arrangements for the employees’ welfare at work.
• Inform all employees of any risks from new technologies and imminent danger.
• Ensure that every person employed participates in the application and review of safety and health measures.
• Carry out appropriate risk assessments in relation to the safety and health of employees and, on the basis of these results, adopt preventive and protective measures to ensure that under all conditions of their intended use, all chemicals, machinery, equipment, tools and process under the control of the employer are safe and without risk to health and comply with the requirements of safety and health provisions in this Act.
• Send a copy of each risk assessment report to the area occupational safety and health officer.
• Take immediate steps to stop any operation or activity where there is an imminent and serious danger to safety and health and to evacuate all persons employed as appropriate.
• Register their workplace unless such workplace is exempted from registration under this Act.

Do I as an employee have any obligations?

Yes, the responsibilities of employees while at the workplace (section 13) include to:

• Ensure their own safety and health and that of other persons who may be affected by their acts or omissions at the workplace.
• Co-operate with their employer or any other person in the discharge of any duty or requirement imposed on the employer or that other person by this Act or any regulation made hereunder.
• At all times wear or use any protective equipment or clothing provided by the employer for the purpose of preventing risks to their safety and health.
• Comply with the safety and health procedures, requirements and instructions given by a person having authority over them for their own or any other person’s safety.
• Report to the supervisor any situation which they have reason to believe would present a hazard and which they cannot correct.
• Report to their supervisor any accident or injury that arises in the course of or in connection with his/her work.
• With regard to any duty or requirement imposed on their employer, to co-operate with the employer or other relevant person to enable that duty or requirement to be performed.