Occupational Rights in Kenya: Keeping Workers Safe and Protected

Nov 25, 2025 8:53 PM

In Kenya, workers’ safety and well-being aren’t just nice ideas they’re protected by law. The Constitution of Kenya (2010) and the Occupational Safety and Health Act (OSHA) outline what every worker should expect at their workplace: safety, fairness, and proper protection.

What Rights Do Workers Have?

Here’s what every worker should be able to count on:

A Safe Workplace: You deserve to work in an environment that won’t put your health or life at risk.
Clear Information and Training: Employers should tell you about any dangers at work and train you on how to stay safe.
A Voice in Safety Matters: Workers have a say in decisions that affect their health and safety.
The Right to Say “No”: If a task puts you in immediate danger, you can refuse to do it.
Compensation: If you get injured or fall sick because of your job, you’re entitled to compensation.

What OSHA Requires from Employers

OSHA is the main law guiding workplace safety in Kenya, and it puts several responsibilities on employers, such as:

Keeping the Workplace Safe: Employers must make sure your working environment is free from preventable hazards.
Checking for Risks: Regular risk assessments are a must to spot potential dangers.
Providing Protective Gear: From helmets to gloves, employers should supply the right equipment when needed.
Training Workers: Everyone should know the safety procedures relevant to their job.

The Challenges

Even with these laws in place, many Kenyan workers especially in the informal sector still face unsafe working conditions. Limited enforcement and lack of awareness often make the situation worse.

What Needs to Happen

To improve things, a joint effort is needed:

Stronger Enforcement: Rules need to be enforced more consistently, including in informal workplaces.
More Training: Both employers and workers need ongoing education on safety practices.
Better Work Environments: High-risk industries like construction and manufacturing need particular attention.

Protecting occupational rights isn’t just about obeying the law it’s about ensuring people can work safely and return home healthy. A strong safety culture helps workers, employers, and the country’s economy thrive.

Law and Regulations

Nov 30, 2020

HSE Editor

Kenya to review First Aid Rules

Proposed Bill to change regulatory framework for OSH

Feb 21, 2020

HSE Editor

Proposed Bill to change regulatory framework for OSH

New WHO noise guidelines for Europe released

Oct 17, 2018

HSE Editor

New WHO noise guidelines for Europe released

Uganda: Govt to inspect Companies' Compliance with Safety Law

Apr 13, 2018

HSE Editor

Uganda: Govt to inspect Companies' Compliance with Safety Law

Process of Conducting OSH Audit in Kenya.

Oct 6, 2017

HSE Editor

Process of Conducting OSH Audit in Kenya.

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Kenya's Directorate of Occupational Safety and Health (DOSH) is in the process of revising the First Aid Rules first published in 1977. In a notice to stakeholders in occupational safety and health, DOSH noted that a Technical advisory committee has prepared a draft of the revised First Aid rules. Stakeholders are invited to submit comments on the draft before 4^th December 2020. A validation workshop for the same will be held in February 2021.

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The Current First Aid Rules, officially known as Factories (First Aid) Rules, 1977 [LN. No. 160] were first published in June 1977. The rules now form part of the subsidiary legislation under the Occupational Safety and Health Act, 2007 and are applicable to all workplaces under the Act.

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Some of the requirements in the current First Aid rules include;

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Description of the contents of a first-aid box with respect to size of a workplace
Provide that the first-aid box should only be under charge of a trained first-aider from a government recognized first-aid training institution.
Require that the first-aider should regularly go for refresher course.

\r\n

The government is also in the process of amending the Occupational Safety and Health Act 2007 as well as certain provisions of the Workplace Injuries Benefit Act (WIBA) 2007. According to statements attributed to the cabinet secretary for labour, Simon Chelugui, the Occupational Safety and Health Bill 2019 bill was to be being reviewed by Treasury and if no objection, be forwarded to the cabinet for approval.

", "showContent": "1", "pageDesc": "The rules form part of the subsidiary legislation under the Occupational Safety and Health Act, 2007 and are applicable to all workplaces under the Act.", "dateCreated": "Nov 30, 2020 4:21 PM", "date_modified": "2025-11-21 11:12:37", "author": "HSE Editor", "postParent": "595", "isParent": "0", "pageImage": "uploads/images/202011/image_750x_5fc4f1c1579d0.jpg", "showImage": "1", "imgThumbnail": "uploads/images/202011/image_750x415_5fc4f1c1bce4a.jpg", "medium_thumbnail": null, "small_thumbnail": "uploads/images/202011/image_100x75_5fc4f1c1cb1ae.jpg", "xs_thumbnail": null, "active": "1", "showOnNav": "0", "pageType": "Blog", "carouselID": null, "template": "2", "icon": null, "featuredPage": "0", "slideImage": null, "slide_image_small": null, "webp_slide_image": null, "webp_slide_image_sm": null, "slideTitle": null, "slideCaption": null, "showCaption": "1", "hasComments": "0", "font_icon": null, "footer_link": null, "page_video": null, "header_image": null, "menuImage": null, "youtube_playlist": null, "slider_title_color": "#000000", "slider_caption_color": "#000000", "caption_position": null, "slide_overlay": "0", "page_intro": null, "short_intro": "Kenya's Directorate of Occupational Safety and Health (DOSH) is in the process of revising the First Aid Rules first published in 1977. In a notice to stakeholders in occupational safety and health, DOSH noted that a Technical advisory committee has prepa", "cta_text": null, "cta_url": null, "menu_title": null, "section_title": null, "embedded_page": "0", "resource_page": "0", "show_header": "0", "require_subscription": "0", "show_menu_title": "0", "image_url": null, "featured": null, "banner": null, "color": null, "date_created": "Nov 30, 2020", "parentSlug": "osh-news/law-and-regulations", "grandparentSlug": "osh-news", "url": "osh-news/law-and-regulations/kenya-to-review-first-aid-rules", "parentTitle": "Law and Regulations", "title": "Kenya to review First Aid Rules" }, { "pageID": null, "pageTitle": "Proposed Bill to change regulatory framework for OSH", "pageSlug": "proposed-bill-to-change-regulatory-framework-for-osh", "headline": null, "isRoot": "1", "pageCont": "

The oversight and regulation of occupational safety and health in Kenya is set to undergo a major transformation if the Occupational Safety and Health Bill 2019 is enacted into law.

\r\n

According to the cabinet secretary for labour, Simon Chelugui, the bill is currently being reviewed by Treasury and if no objection, it will be forwarded to the cabinet for approval. The bill seeks to amend the current Occupational Safety and Health Act 2007 as well as certain provisions of the Workplace Injuries Benefit Act (WIBA) 2007

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The CS was speaking on Wednesday when he officially opened a meeting for the National Council for Occupational Safety and Health (NACOSH) at a hotel in Nakuru.

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According to the bill, the Directorate of Occupational Safety and Health Services (DOSHS), the body currently mandated to ensure compliance to the OSHA 2007 and WIBA 2007 will be transformed into the Occupational Safety and Health and Injury Compensation Authority (OSHICA).

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The bill also proposes the establishment of the Occupational Injury compensation Fund to address the compensation of occupational injuries and diseases.

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It may however be a long wait before the bill is enacted into law and proposed changes are implemented. A separate bill, the Occupational safety and Health Practitioners bill 2016 is yet to be presented to Parliament for discussions since being drafted in early 2017. The bill proposes provisions for training, registration of occupational safety practitioners and regulation of OSH practice to ensure high standards and proper conduct of practitioners.

", "showContent": "1", "pageDesc": "The bill also proposes the establishment of the Occupational Injury compensation Fund to address the compensation of occupational injuries and diseases.", "dateCreated": "Feb 21, 2020 7:52 AM", "date_modified": "2025-11-21 11:13:26", "author": "HSE Editor", "postParent": "595", "isParent": "0", "pageImage": "uploads/images/202011/image_750x_5fa96b6517a23.jpg", "showImage": "1", "imgThumbnail": "uploads/images/202011/image_750x415_5fa96b652551c.jpg", "medium_thumbnail": null, "small_thumbnail": "uploads/images/202011/image_100x75_5fa96b6530a9a.jpg", "xs_thumbnail": null, "active": "1", "showOnNav": "0", "pageType": "Blog", "carouselID": null, "template": "2", "icon": null, "featuredPage": "0", "slideImage": null, "slide_image_small": null, "webp_slide_image": null, "webp_slide_image_sm": null, "slideTitle": null, "slideCaption": null, "showCaption": "1", "hasComments": "0", "font_icon": null, "footer_link": null, "page_video": null, "header_image": null, "menuImage": null, "youtube_playlist": null, "slider_title_color": "#000000", "slider_caption_color": "#000000", "caption_position": null, "slide_overlay": "0", "page_intro": null, "short_intro": "The oversight and regulation of occupational safety and health in Kenya is set to undergo a major transformation if the Occupational Safety and Health Bill 2019 is enacted into law. ", "cta_text": null, "cta_url": null, "menu_title": null, "section_title": null, "embedded_page": "0", "resource_page": "0", "show_header": "0", "require_subscription": "0", "show_menu_title": "0", "image_url": null, "featured": null, "banner": null, "color": null, "date_created": "Feb 21, 2020", "parentSlug": "osh-news/law-and-regulations", "grandparentSlug": "osh-news", "url": "osh-news/law-and-regulations/proposed-bill-to-change-regulatory-framework-for-osh", "parentTitle": "Law and Regulations", "title": "Proposed Bill to change regulatory framework for OSH" }, { "pageID": null, "pageTitle": "New WHO noise guidelines for Europe released", "pageSlug": "new-who-noise-guidelines-for-europe-released", "headline": null, "isRoot": "1", "pageCont": "

The just released WHO Environmental Noise Guidelines for the European Region provide strong evidence that noise is one of the top environmental hazards to both physical and mental health and well-being in the European Region.

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Officially launched to countries and stakeholders in Basel, Switzerland on 10 October 2018, the document identifies levels at which noise has significant health impacts and recommends actions to reduce exposure. For the first time, a comprehensive and rigorous methodological framework was applied to develop the recommendations.

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\"Noise pollution in our towns and cities is increasing, blighting the lives of many European citizens. More than a nuisance, excessive noise is a health risk - contributing to cardiovascular diseases, for example. We need to act on the many sources of noise pollution - from motorized vehicles to loud nightclubs and concerts to protect our health,\" says Dr Zsuzsanna Jakab, WHO Regional Director for Europe. \"The new WHO guidelines define exposure levels to noise that should not be exceeded to minimize adverse health effects and we urge European policy-makers to make good use of this guidance for the benefit of all Europeans.\"

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What is new

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Compared to previous WHO guidelines on noise, this version contains five significant developments:

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stronger evidence of the cardiovascular and metabolic effects of environmental noise;
inclusion of new noise sources, namely wind turbine noise and leisure noise, in addition to noise from transportation (aircraft, rail and road traffic);
use of a standardized approach to assess the evidence;
a systematic review of evidence, defining the relationship between noise exposure and risk of adverse health outcomes;
use of long-term average noise exposure indicators to better predict adverse health outcomes.

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Driving policy action to protect communities from health effects of noise

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Targeted at decision-makers and technical experts, the new guidelines aim to support legislation and policy-making at local, national and international level. \"Through their potential to influence urban, transport and energy policies, the Environmental Noise Guidelines contribute to the 2030 Agenda for Sustainable Development and support our vision of creating resilient communities and supportive environments in the Region,\" continues Dr Jakab.

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Although the guidelines focus on the European Region and provide guidance consistent with the European Union's Environmental Noise Directive, they also have global relevance. The large body of evidence underpinning the recommendations was derived not only from noise effect studies in Europe but also from research in other parts of the world, mainly America, Asia and Australia.

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Furthermore, the guidelines highlight data and research gaps to be addressed in future studies.

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An independent peer-reviewed development process

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The development process of the current guidelines was conducted by two independent groups of experts from the environmental noise community who adhered to a new, rigorous, evidence-based methodology. Eight peer-reviewed systematic reviews of the pertinent literature underpin the guidelines, incorporating significant research since the publication of the WHO Night Noise Guidelines for Europe in 2009. The systematic reviews were based on several health outcomes; cardiovascular and metabolic effects, annoyance, effects on sleep, cognitive impairment, hearing impairment and tinnitus, adverse birth outcomes, and quality of life, mental health and well-being and the effectiveness of interventions in reducing noise exposure and negative health impacts.

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\"These guidelines have been developed based on the growing body of evidence in the field of environmental noise research,\" concludes Professor Stephen Stansfeld, Chair of the Guidelines Development Group. \"They aim to support public health policy that will protect communities from the adverse effects of noise, as well as stimulate further research into the health effects of different types of noise.\"

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While previous WHO guidelines have examined noise pollution, the new report has made a change by including the impact of leisure noise. More research may be needed as there is no universally accepted method of assessing the risk of hearing loss due to environmental noise exposure. The WHO estimates that more than a billion teenagers and young adults are at risk of hearing loss due to personal listening devices. The safest way to use headphones is at around 60 percent volume, the agency has noted, ideally no longer than an hour per day.

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But the heightened risk of tinnitus aside, excessive noise levels can damage a lot more than our hearing ability. One review from 2015 noted noise exposure could increase the production of stress hormones in the body, which is linked to high blood pressure, heart disease, stroke, and chronic diseases.

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\"The important point is that noise is not just annoying,\" said Dr. Thomas Munzel, one of the researchers from the Johannes Gutenberg University, Germany. \"One can close his eyes but not his ears. Our body will always react with a stress reaction.\"

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Source: WHO; Medical Daily

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The Ugandan Government is set to carry out an operation to crack down on all industries and factories which do not comply with safety of workers. This is according to reports published in the New Vision.

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The paper quoted the Permanent Secretatry in the Ministry of Gender, Labour and Social Development, Pius Bigirimana, who said that all workplaces ensure the safety of their workers to protect them inline of duty, as per the Occupational Safety and Health Act, 2006.

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\"We are going to carry out an inspection and check the status of all workplaces in industries to see what measures they have put in place to protect workers. Those who do not comply, will be closed. I have the powers and this ministry has that mandate to make sure people work under a conducive environment,\" he said.

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Speaking during the launch of the employers (manufacturers and industrialists) sensitization workshop on Chemical, Biological, Radiological, Nuclear and Explosives (CBRNE) Safety and Security Measures at workplaces in Kampala, The PS said that those found unregistered contrary to the OSH Act, 2006, would be given 21 days within which to comply or be closed, as per the law. He said all workplaces must promote the safety and security of various chemicals.

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\"The CBRNE are indispensable in many economic activities; however there misuse or failure to follow best practice is costly as they pose a wide range of safety, health and security hazards,\" he added.

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He stressed that though Uganda is a non-possessor state of chemical weapons, it is pursuing peaceful and developmental agenda on the use of chemicals and other Biological, Radiological, Nuclear and Explosives.

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\"Some of the chemicals used in industries could pose threat to the population if not managed well. As the East African Community moves towards more open borders, within the integration context, it is important to underscore the need for greater chemical safety and security in both national and sub-region. But it starts from our homes and workplaces,\" he added.

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A recent study done by the ministry on the usage and protection of chemicals at various workplaces, indicates that 55% of the 22 sampled stations were not registered contrary to OSH Act, 2006. Innocent Batambuze, a senior occupational hygienist, said 41% of the workplaces had improper ventilation while 72% lacked emergency preparedness and response like eye wash and safety showers.

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The Federation of Uganda Employers, Executive Director, Opio Douglas said there is need to increase inspection to check compliance and to up the awareness campaign in all workplaces to promote safety and management of chemicals at all levels.

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Source: New Vision

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The Occupational Safety and Health Act (OSHA) 2007 requires every occupier of a workplace to cause a thorough safety and health audit of his workplace to be carried out at least once in every period of twelve months by a safety and health advisor. The safety and health adviser is required to issue a report of such an audit containing the prescribed particulars to the occupier on payment of a prescribed fee and shall send a copy of the report to the Director.

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Safety and health advisers are approved by the Directorate of Occupational Safety and Health Services (DOSHS) under the Ministry of East Africa Community, Labour and Safety Protection. Such persons are required to hold a minimum qualification of a certificate in occupational safety and health from a recognized institution and have proven practical experience in this field for a period of five years. The registration has to be renewed each year. A list of approved safety and health advisers is available on the DOSHS website. According to a circular released in October 2016, DOSH prohibits any approved person from conducting an audit or medical examination at the same workplace for more than two consecutive years. A panel appointed by the Director ensures professional ethics of all approved persons including safety advisers and may recommend disciplinary action against those found culpable of malpractice.

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Once an occupier identifies a safety adviser and agrees on contract terms, the safety adviser should schedule a site visit and notify the occupier of any items that may be required for the audit. This may include documentation, availability of guides, meeting venue etc.

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The approved safety adviser is then required to notify the County Occupational Safety and health Office in writing 14 days before conducting an audit, with a copy sent to the Director (DOSH). The notice should indicate the name of the workplace to be audited as well as the contact person at that workplace.

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\"The process of carrying out an OSH Audit is guided by the Code of Practice on OSH Auditing published by the Directorate. Different Safety advisers may have different approaches to carrying out the audit but must follow the guidelines provided. The director of DOSH may assign an officer to monitor and supervise the audit exercise. \"

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The audit process may include a desktop review of the safety and health documents available (Safety Policy, Safety and Health Management System, Safe systems of Work etc.). The process also involves site inspection and a final meeting with the in-charge of organization safety for debrief on the preliminary findings.

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In carrying out the audit exercise, the safety adviser may require a guide with good knowledge of the premises and the working environment of the organization. The adviser may offer some recommendations verbally during the audit hence the need to have someone competent to on OSH matters as a guide.

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$\"\"$

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The safety adviser is also required to sign on the back cover of the General Register indicating the dates and time of the Audit exercise. This should also be countersigned by the occupier.

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The safety adviser will send a preliminary report on the OSH audit to the organization representatives for verification and confirmation. This is either done in soft or hard copies. The organization should review the preliminary report and indicate their affirmations and or reservations. These may be included in the final report.

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The safety adviser should then prepare at least six copies of the final report and submit these to the occupier for confirmation and authentication by signing and stamping the acknowledgement page of every report and return these back to the safety adviser.

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The safety adviser is required to submit the reports to the County Occupational Safety and Health Office whose jurisdiction covers the place of audit within 30 days following the audit. The OSH officer is required to analyse the report to ensure it meets the required standards as prescribed in the code of practice, applicable rules and the Act (OSHA).

\r\n

The area officer is also required to stamp and acknowledge receipt of the reports. If a report is deficient, the officer should notify the safety adviser in writing and demand remedy. Copies of the letter to the adviser should be sent to the Director and the occupier. A copy of the report shall be submitted to the Director and must bear signatures from the County OSH officer. A copy of the signed audit report is also sent to the occupier for their records.

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Kenya to review First Aid Rules

Proposed Bill to change regulatory framework for OSH

New WHO noise guidelines for Europe released

Uganda: Govt to inspect Companies' Compliance with Safety Law

Process of Conducting OSH Audit in Kenya.

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Driving policy action to protect communities from health effects of noise

An independent peer-reviewed development process

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Law and Regulations

Petrol Tanker Bursts Into Flames After Collision on Nairobi Southern Bypass

SOLAR & WIND SAFETY AT WORK

Heat Stress: A Silent Workplace Hazard You Should Not Ignore

Occupational Rights in Kenya: Keeping Workers Safe and Protected

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What is new

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