Worker Safety and Health

The Constitution of Kenya (2010) Bill of Rights guarantees every citizen's right to fair labour practices, reasonable working conditions, and a clean, healthy environment. 

Occupational Safety and Health (OSH) encompasses various measures implemented to protect workers' safety and health during legal employment. These measures aim to safeguard workers from hazards and prevent work-related injuries, illnesses, diseases, incidents, and fatalities.

A safe and healthy work environment contributes to increased workforce productivity, leading to improved economic outcomes. In Kenya, occupational safety and health services are governed by two primary laws:

1. The Occupational Safety and Health Act, 2007 (OSHA, 2007).
2. The Work Injury Benefits Act, 2007 (WIBA, 2007).

These laws are administered by the Directorate of Occupational Safety and Health Services (DOSHS), a department under the Ministry of Labour and Social Protection, State Department of Labour and Skills Development.

The Occupational Safety and Health Act promotes workplace safety, prevents work-related injuries and illnesses, and protects third parties from increased risk associated with workplace activities. Inspection and enforcement systems are in place for occupational safety, health, and labor inspections.

DOSHS is responsible for conducting workplace inspections to ensure compliance with OSHA (2007). Their core roles include:

1. Inspecting workplaces for safety and health law compliance.
2. Measuring and controlling workplace pollutants.
3. Investigating occupational accidents and diseases.
4. Examining and testing various equipment (e.g., steam boilers, lifts, cranes).
5. Providing training on OSH, first aid, and fire safety.
6. Approving architectural plans for buildings intended as workplaces.
7. Conducting medical examinations of workers.
8. Disseminating OSH information to stakeholders and the public

Additional laws and regulations related to OSH are issued and enforced by other ministries and state departments, including:

• The Mining Act, Cap. 306, No. 2, 2009.
• The Biosafety Act, 2009
• The Food, Drugs and Chemical Substances Act, Cap. 254.
• 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 Radiation and Protection Act, Cap. 243.
• The Standards Act, Cap. 496.
• The Pest Control and Product Act, Cap. 346.
• The Petroleum (Exploration and Production) Act, Cap. 308

Furthermore, the National Occupation Safety and Health Policy (2012) established national occupation safety and health systems and programs designed to improve workplace environments.