Health and safety

A workplace accident or disease resulting in an employee’s serious incapacity will be considered to have arisen out of and in the course of employment if it was as a result of an act committed by the employee for the purpose of, in the interests of, or in connection with, the employer’s business …

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◉ Notice  An employer must apply for the registration of the workplace by submitting written notice to the Director of Occupational Safety and Health Services (the Director) …

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An employer must provide and maintain the relevant equipment and services for the rendering of first aid to employees in the event that there is an accident at work …

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Occupational health and safety officers work for the Directorate of Occupational Safety and Health Services (DOSHS), a department within the Ministry of Labour …

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A worker may not work at any machine or be involved in any work process that may pose a health or safety risk unless they have been told of the relevant dangers associated with the machine or process and the precautions that should be taken against these dangers …

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The Occupational Safety and Health Act provides the main legal framework for health and safety matters in Kenyan workplaces …

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Employers must establish a health and safety committee at the workplace if either of the following situations apply: There are 20 or more employees in the workplace; or The Director of Occupational Safety and Health Services orders the workplace to have such a committee …

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In all workplaces, there must be a ‘general register’ that has the following information included or attached: Certificate of registration; Particulars regarding the washing, painting or varnishing of the workplace; and Particulars about all accidents and diseases that require notice to be sent to the occupational health and safety officer …

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Employers have a duty to ensure the occupational, health, safety and welfare of all persons working in the workplace …

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Employees have certain duties under the Occupational Safety and Health Act …

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Employers are not permitted to discriminate against an employee, dismiss an employee or put an employee at a disadvantage in relation to their employment as a result of:  The employee making a complaint about a health and safety issue;   The employee being a member of a health and safety committee; or The employee exercising relevant functions as a member of a health and safety committee …

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All employees are covered by Work Injury legislation regardless of whether they are paid on a daily, weekly or monthly basis …

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