Petrol Tanker Bursts Into Flames After Collision on Nairobi Southern Bypass
Jan 24, 2026
Safety This Week
Kenya’s occupational safety and health landscape has seen several important developments over the past week. From government oversight on injury claims to public consultations on new regulations, the week has been rich with conversations that directly affect employers, workers, and OSH practitioners. Here’s a roundup of the key stories shaping workplace safety this week.
1. Senators Push for Clarity on Police Workplace Injury Claims
A major concern emerged this week after senators questioned discrepancies in the compensation claims paid to injured police officers. The Social Health Authority (SHA) reported having paid out more than 1,500 claims worth KSh 1.27 billion. However, the National Police Service Commission (NPSC) and the Directorate of Occupational Safety and Health Services (DOSH) presented conflicting figures.
Members of the Senate’s National Security Committee have now ordered the three bodies to reconcile their records and present a unified report. This move is seen as a critical step in improving transparency and ensuring that officers injured in the line of duty receive the benefits they are entitled to.
For the OSH community, these inconsistencies highlight a larger issue: the need for stronger coordination and better record-keeping across government agencies responsible for workplace injury claims. High-risk professions like policing depend heavily on efficient compensation systems, and lapses can leave workers vulnerable.
2. Government Opens Public Consultation on New OSH Regulations
The Ministry of Labour this week invited Kenyans to review and comment on its draft 2025 occupational safety and health regulations. The proposed changes include expanded and more detailed fee schedules for inspections, certifications, medical examinations, and equipment assessments for items such as boilers, lifts, cranes and factory machinery.
This review process offers a valuable opportunity for employers, OSH professionals and workers to contribute to shaping Kenya’s safety ecosystem. The proposed regulations are expected to modernise compliance processes and create clearer guidance for both public and private sector workplaces.
For organisations, this is the right time to analyse how the new fees and requirements may affect operations and budgeting, especially for industries that rely on frequent safety inspections.
3. Court Case Exposes Persistent Gaps in Reporting Workplace Accidents
A recent judgment by the Employment and Labour Relations Court brought attention to ongoing challenges in reporting workplace injuries and fatalities. In a fatal accident case, the court noted that the employer had not reported the incident to DOSH as required under the Work Injury Benefits Act (WIBA).
While the court dismissed some sections of the claim on technical grounds, it made one fact clear: DOSH is obligated to process claims filed by employees or their dependants, even when employers fail to report accidents promptly.
This ruling reinforces a critical point for employers — under-reporting workplace accidents is not only unlawful but also creates unnecessary barriers for affected workers seeking compensation. It also impedes national efforts to track and prevent workplace injuries.
4. Construction Sector Still Struggling with Safety Enforcement
A newly released study by KIPPRA renewed focus on the persistent safety challenges in Kenya’s construction sector. Despite having strong safety laws on paper, enforcement remains weak, particularly in informal building sites where many workers lack protective gear and operate in hazardous conditions.
The research points to cost-cutting by some employers and inadequate supervision as key factors. With construction continuing to boom across the country, these lapses put thousands of workers at risk.
For the OSH community, the study is a reminder of the urgent need for consistent enforcement, safety training and better employer accountability. The construction industry remains one of the most hazardous in Kenya, yet it is also one of the least regulated on the ground.
Recent Posts
SOLAR & WIND SAFETY AT WORK
Jan 23, 2026
Protecting People and Promoting Wellbeing
Jan 20, 2026
OSH News
Related Posts
[
{
"pageID": null,
"pageTitle": "Effective Risk Management necessary in Geothermal Environments",
"pageSlug": "effective-risk-management-necessary-in-geothermal-environments",
"headline": null,
"isRoot": "1",
"pageCont": "Effective risk management is critical in ensuring a safe and healthy workplace inherently hazardous Geothermal environment. This is according to Dr. Andrew Muruka, the Deputy Director, Directorate of Occupational Safety and Health Services (DOSHS).
\r\nSpeaking to HSE East Africa, Dr. Muruka emphasized on the need for a proactive way of avoiding cases of illness, injury or death to workers and other players in the industry due to unsafe practices. This may require review of the regulatory framework, establishment of sector specific guidelines on workplace safety and a program for continuous monitoring which will lower the incident and accident rates.
\r\nDr. Muruka also encouraged the players in the geothermal sector to develop safe Work operating procedures (SOPs) for the high-risk work activities especially those that include high pressure systems, high temperature steam and work at height, all which are very common in geothermal environments. The steam pipes in the geothermal power plants typically carry steam at temperatures of above 150 degrees Celsius and pressures above 10 bar (145 psi). An incident in which one pipe burst during the testing of the Olkaria V power station in July 2019 led to the injury of at least 9 workers.
\r\nDr. Muruka also confirmed that DOSHS would participate in the inaugural East Africa Conference on Occupational Safety and Health (EACOSH) - a conference that aims to bring together all Geothermal Industry stakeholders for deliberations on pertinent issues like policies, investment, industry best practices, and much more related issues of Occupational Safety, Health and Environment with a vision of zero accidents in the East Africa Extractives Industry.
\r\nThe conference is scheduled take place on the 26th of March 2020 in Naivasha followed by field excursion on the 27th of March 2020. Among the key players will be representative from the Ministry of Energy and Ministry of Labour and Social Protection, Directorate of Occupational Safety and Health - DOSHS, companies in the exploration and development of geothermal resources, academia, manufacturers and suppliers of products and services in the Industry, among others.
\r\nInterested persons and organizations are encouraged register for the conference as sponsors, exhibitors or delegates or a presenter link below:
\r\nDetailed program is available on www.eacosh.com.
\r\n",
"showContent": "1",
"pageDesc": "There is a need for a proactive way of avoiding cases of illness, injury or death to workers in the geothermal industry due to unsafe practices.",
"dateCreated": "Feb 26, 2020 8:18 AM",
"date_modified": "2024-10-27 23:12:54",
"author": "Administrator",
"postParent": "578",
"isParent": "0",
"pageImage": "uploads/images/202011/image_750x_5fa969e52acd8.jpg",
"showImage": "1",
"imgThumbnail": "uploads/images/202011/image_750x415_5fa969e53834e.jpg",
"medium_thumbnail": null,
"small_thumbnail": "uploads/images/202011/image_100x75_5fa969e543823.jpg",
"xs_thumbnail": null,
"active": "1",
"showOnNav": null,
"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": "0",
"page_video": null,
"header_image": null,
"menuImage": null,
"youtube_playlist": null,
"slider_title_color": null,
"slider_caption_color": null,
"caption_position": null,
"slide_overlay": "0",
"page_intro": null,
"short_intro": null,
"cta_text": null,
"cta_url": null,
"menu_title": null,
"section_title": null,
"embedded_page": "0",
"resource_page": "0",
"show_header": "1",
"require_subscription": "0",
"show_menu_title": "1",
"image_url": "",
"featured": null,
"banner": null,
"color": null,
"date_created": "Feb 26, 2020",
"parentSlug": "osh/osh-news",
"grandparentSlug": "osh",
"url": "osh/osh-news/effective-risk-management-necessary-in-geothermal-environments",
"parentTitle": "OSH News",
"title": "Effective Risk Management necessary in Geothermal Environments"
},
{
"pageID": null,
"pageTitle": "New safety and health issues emerge as work changes",
"pageSlug": "new-safety-and-health-issues-emerge-as-work-changes",
"headline": null,
"isRoot": "1",
"pageCont": "A new report on Occupational Safety and Health (OSH), published ahead of the World Day for Safety and Health at Work on 28 April, reviews the ILO's 100 years of achievements, and reveals some of the emerging challenges and opportunities in creating better working environments.
\r\nGrowing challenges include psycho-social risks, work-related stress and non-communicable diseases, notably circulatory and respiratory diseases, and cancers.
\r\nThe report, Safety and Health at the heart of the Future of Work: Building on 100 years of experience, is being published ahead of the World Day for Safety and Health at Work , which is marked on April 28th. It reviews the ILO's 100 years of work on OSH issues, and highlights emerging health and safety issues in the world of work.
\r\nCurrently, more than 374 million people are injured or made ill every year through work-related accidents. It is estimated that work days lost to OSH-related causes represent almost 4 per cent of global GDP, in some countries as much as 6 per cent, the Report says.
\r\n\"As well as more effective prevention for established risks, we are seeing profound changes in our places and ways of working. We need safety and health structures that reflect this, alongside a general culture of prevention that creates shared responsibility,\" said Manal Azzi, ILO Technical Specialist on Occupational Safety and Health.
\r\nLooking to the future, the report highlights four major transformative forces driving changes. It points out that all also offer opportunities for improvements.
\r\n- \r\n
- First, technology, such as digitization, robotics, and nanotechology, can also affect psychosocial health and introduce new materials with unmeasured health hazards. Correctly applied it can also help reduce hazardous exposures, facilitate training and labour inspections. \r\n
- Demographic shifts are important because young workers have significantly high occupational injury rates, while older workers need adaptive practices and equipment to work safely. Women, who are entering the workforce in increasing numbers, are more likely to have non-standard work arrangements and have a higher risk of musculoskeletal disorders. \r\n
- Thirdly, development and climate change give rise to risks such as air pollution, heat stress, emerging diseases, shifting weather and temperature patterns that can bring job losses. Equally, new jobs will be created through sustainable development and the green economy. \r\n
- Finally, changes in the organization of work can bring flexibility that allows more people to enter the labour force, but may also lead to psychosocial issues (for example, insecurity, compromised privacy and rest time, or inadequate OSH and social protections) and excessive work hours. Approximately 36 per cent of the world's workforce currently works excessive hours (more than 48 hours per week). \r\n
In the light of these challenges the study proposes six areas on which policy makers and other stakeholders should focus. These include more work on anticipating new and emerging OSH risks, adopting a more multidisciplinary approach and building stronger links to public health work. Better public understanding of OSH issues is also needed. Finally, international labour standards and national legislation need to be strengthened, something which will require stronger collaboration between Governments, workers and employers.
\r\nBy far the greatest proportion of current work-related deaths, 86 percent, come from disease. In the region of 6,500 people a day die from occupational diseases, compared to 1,000 from fatal occupational accidents.
\r\nThe greatest causes of mortality are circulatory diseases (31 percent), work-related cancers (26 per cent) and respiratory diseases (17 per cent).
\r\n\"As well as the economic cost we must recognize the immeasurable human suffering such illnesses and accidents cause. These are all-the-more tragic because they are largely preventable,\" said Azzi. \"Serious consideration should also be given to the recommendation of the ILO's Global Commission on the Future of Work , that occupational safety and health be recognized as a fundamental principle and right at work.\"
\r\nReport summary: Safety and Health at the Heart of the Future of Work: Building on 100 years of experience
\r\nSource: ILO Press Release
",
"showContent": "1",
"pageDesc": "Currently, more than 374 million people are injured or made ill every year through work-related accidents.",
"dateCreated": "Apr 22, 2019 8:26 AM",
"date_modified": "2024-10-27 23:12:54",
"author": "Administrator",
"postParent": "578",
"isParent": "0",
"pageImage": "uploads/images/202011/image_750x_5faa24a31e73c.jpg",
"showImage": "1",
"imgThumbnail": "uploads/images/202011/image_750x415_5faa24a32be1e.jpg",
"medium_thumbnail": null,
"small_thumbnail": "uploads/images/202011/image_100x75_5faa24a337168.jpg",
"xs_thumbnail": null,
"active": "1",
"showOnNav": null,
"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": "0",
"page_video": null,
"header_image": null,
"menuImage": null,
"youtube_playlist": null,
"slider_title_color": null,
"slider_caption_color": null,
"caption_position": null,
"slide_overlay": "0",
"page_intro": null,
"short_intro": null,
"cta_text": null,
"cta_url": null,
"menu_title": null,
"section_title": null,
"embedded_page": "0",
"resource_page": "0",
"show_header": "1",
"require_subscription": "0",
"show_menu_title": "1",
"image_url": "",
"featured": null,
"banner": null,
"color": null,
"date_created": "Apr 22, 2019",
"parentSlug": "osh/osh-news",
"grandparentSlug": "osh",
"url": "osh/osh-news/new-safety-and-health-issues-emerge-as-work-changes",
"parentTitle": "OSH News",
"title": "New safety and health issues emerge as work changes"
},
{
"pageID": null,
"pageTitle": "Former workers sue Tea Firm for WMSDs and other unsafe conditions",
"pageSlug": "former-workers-sue-tea-firm-for-wmsds-and-other-unsafe-conditions",
"headline": null,
"isRoot": "1",
"pageCont": "A law firm whose massive win in a compensation case earned British coal miners billions of pounds has now set its eyes on a multinational tea firm in Kenya. Its test case against James Finlays is bound to change how foreign companies relate to their local workers and deal with occupational hazards.
\r\nHugh James Solicitors has filed seven cases at the All-Scotland Sheriff Personal Injury Court representing past and present James Finlays (Kenya) Limited tea pickers who claim that the multinational's failure to provide safe working conditions has affected their health.
\r\nIn the case, Elly Okongo Inganga, Lucas Onduse Omoke, Vitalis Otieno Muga, Rebecca Okenyuri Nyakondo, Joyce Mongere Ochoi, Christopher Omwambia Chuma and Getunga Masela Indinga want Sh2 million each as compensation and for James Finlays to settle their legal bills.
\r\nWhile the Sh14 million demand may seem like a pittance for one of the world's largest tea firms, the lawsuit, if successful, could set in motion an avalanche of claims and payouts; and not just by James Finlays, but several other consumer goods manufacturers in Kenya and beyond.
\r\nJames Finlays was on December 18, 2018 ordered by Sheriff (a judge presiding over Scotland's Personal Injury Court) K.J. McGowan sitting in Edinburgh to open up four of its plantations in Kenya to a team of experts who are expected to document its operations and submit a report.
\r\nJames Finlays initially filed a motion in Scotland to delay the inspection, arguing that it was unsafe to travel around Kenya owing to the January 15-16 terror attack on Nairobi's 14 Riverside Drive, but later withdrew its application.
\r\nThe inspection was to be conducted on Tileut-Chomogonday factory, Marinyn, Kaporet and Kapsongoi-Kitcumbe factories between February 22 and 23.
\r\nThe Scottish court ordered that the process must be done before the end of February. But the tea brewer in January filed a fresh case in the Employment and Labour Relations division of the Nairobi High Court seeking to delay the inspection. James Finlays argued that the seven claimants must ask Kenya's courts to adopt the Scottish order before it can open its plantations for scrutiny by a team of foreign experts.
\r\nThe team of experts has Dr Richard Gravelling (ergonomist), Dr Margaret McQueen (orthopaedic surgeon), Queen's Counsel Lauren Sutherland, Hugh James Solicitors representative Gwen Evans, law firm Balfour+Manson LLP representative David Short and solicitor and barrister Ronald Onyango.
\r\nThe experts will observe workers pick tea, both with bare hand and using machines, measure distances between plantations and weighing areas, confirm the weight of a full basket of tea leaves, the medical facilities available to James Finlays employees and assess harvesting equipment. The experts are also allowed to take photographs and videos of the processes, which will also be used as evidence in Scotland. The seven claimants and a translator are to accompany the inspection team.
\r\nJames Finlays contends that opening its plantations to the team before endorsement of the Scottish order by Kenyan courts amounts to a violation of the Kenya Citizenship Act, as the tea picker will be allowing foreigners to operate on its plantations without work permits or special passes. The seven claimants, however, argue that only rulings and judgments must be put before a Kenyan court for authorisation before enforcement.
\r\nCourt orders issued while cases are still in progress do not have to be ratified by Kenya's Judiciary, the claimants say. The decision to be made by Justice Stephen Radido will likely be the focus of firms that have been sued in other countries over issues within Kenya, as it will set a precedent on how to enforce similar orders and directions.
\r\nThe claimants add that the inspection is a duty they and James Finlays owe to Sheriff McGowan and not a dispute between a boss and his employee that should be determined by Kenya's Employment and Labour Relations court.
\r\nIn the case filed in Scotland, the claimants argue that James Finlays had them work from 6.30 am to 6 pm six days a week with no lunch or tea break. They add that they had to walk at least half a kilometre carrying baskets full of tea leaves from the plantations to weighing sites. Each basket, when full of tea leaves, weighs up to 20 kilos.
\r\nLucas Omoke, one of the claimants, says in the Scotland court papers that he was employed as a tea picker in 1992. He left in 1995 to become a bus conductor but returned in 1997, again as a picker. Mr Omoke was moved to the mechanical tea harvesting department in 2006 where machines with blades and a pipe are used to pluck tea leaves. He has since retired. The former tea picker argues that he endures severe pain in his lower back, shoulders, knees and hips.
\r\nMr Omoke was required to carry the equipment. The machine weighed 28 kg and was carried by two men. He worked beside noisy machinery. He was not given ear protection. He was also exposed to excessive dust and dust blows from the tea during harvesting.
\r\n\"His neck clicks when he moves it. He has numbness in his fingers and weakness and pain in both wrists. He has pain in multiple joints,\" the court documents say.
\r\nThe seven claimants say James Finlays failed to look into the effects of working conditions, and they now fear being rendered unemployed and homeless.
\r\n\r\nSource: Daily Nation
\r\n", "showContent": "1", "pageDesc": "The claimants argue that had to walk at least half a kilometer carrying baskets full of tea leaves weighing up to 20 kilos to weighing sites. ", "dateCreated": "Feb 22, 2019 8:39 AM", "date_modified": "2024-10-27 23:12:54", "author": "Administrator", "postParent": "578", "isParent": "0", "pageImage": "uploads/images/202011/image_750x_5faa27828338a.jpg", "showImage": "1", "imgThumbnail": "uploads/images/202011/image_750x415_5faa278290c3e.jpg", "medium_thumbnail": null, "small_thumbnail": "uploads/images/202011/image_100x75_5faa27829c141.jpg", "xs_thumbnail": null, "active": "1", "showOnNav": null, "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": "0", "page_video": null, "header_image": null, "menuImage": null, "youtube_playlist": null, "slider_title_color": null, "slider_caption_color": null, "caption_position": null, "slide_overlay": "0", "page_intro": null, "short_intro": null, "cta_text": null, "cta_url": null, "menu_title": null, "section_title": null, "embedded_page": "0", "resource_page": "0", "show_header": "1", "require_subscription": "0", "show_menu_title": "1", "image_url": "", "featured": null, "banner": null, "color": null, "date_created": "Feb 22, 2019", "parentSlug": "osh/osh-news", "grandparentSlug": "osh", "url": "osh/osh-news/former-workers-sue-tea-firm-for-wmsds-and-other-unsafe-conditions", "parentTitle": "OSH News", "title": "Former workers sue Tea Firm for WMSDs and other unsafe conditions" }, { "pageID": null, "pageTitle": "Two workers Dead in Staff bus Accident", "pageSlug": "two-workers-dead-in-staff-bus-accident", "headline": null, "isRoot": "1", "pageCont": "Two workers died and 23 others were injured after their staff bus was hit by lorry at the Bonje black spot in Kilifi County.
\r\nThe employees of Buzeki transport company were heading towards Mariakani in the company's Staff Bus when it was hit by a lorry that was heading towards Mombasa.
\r\nAccording to the Rabai OCPD Michael Ndonga, the lorry was driving towards Mombasa and on reaching Bonje its brakes failed and it veered off the road towards the other lane. It had a head on collision with the staff bus, killing the two on the spot. Among those injured is the bus driver who suffered a broken arm and thigh. The injured were rushed to Mariakani sub-county and Bomu hospitals in Mombasa
\r\nThe Bonje stretch is a notorious black spot prone to car crashes with motorists having to negotiate sharp bends.
", "showContent": "1", "pageDesc": "The employees of Buzeki transport company were heading towards Mariakani in the Staff Bus when it was hit by a lorry that was heading towards Mombasa.", "dateCreated": "Jan 10, 2019 10:18 AM", "date_modified": "2024-10-27 23:12:54", "author": "Administrator", "postParent": "578", "isParent": "0", "pageImage": "uploads/images/202011/image_750x_5faa3eeb44d30.jpg", "showImage": "1", "imgThumbnail": "uploads/images/202011/image_750x415_5faa3eeb52b32.jpg", "medium_thumbnail": null, "small_thumbnail": "uploads/images/202011/image_100x75_5faa3eeb5e1f3.jpg", "xs_thumbnail": null, "active": "1", "showOnNav": null, "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": "0", "page_video": null, "header_image": null, "menuImage": null, "youtube_playlist": null, "slider_title_color": null, "slider_caption_color": null, "caption_position": null, "slide_overlay": "0", "page_intro": null, "short_intro": null, "cta_text": null, "cta_url": null, "menu_title": null, "section_title": null, "embedded_page": "0", "resource_page": "0", "show_header": "1", "require_subscription": "0", "show_menu_title": "1", "image_url": "", "featured": null, "banner": null, "color": null, "date_created": "Jan 10, 2019", "parentSlug": "osh/osh-news", "grandparentSlug": "osh", "url": "osh/osh-news/two-workers-dead-in-staff-bus-accident", "parentTitle": "OSH News", "title": "Two workers Dead in Staff bus Accident" }, { "pageID": null, "pageTitle": "TUC raises concerns on New draft ISO guidance on Psychological Risk", "pageSlug": "tuc-raises-concerns-on-new-draft-iso-guidance-on-psychological-risk", "headline": null, "isRoot": "1", "pageCont": "The international committee behind ISO 45001 has drawn up a new draft guidance standard on 'psychological risk in the workplace', a document that it says could be converted to a new management standard in three years.
\r\nThe new draft has been produced by International Standards Organisation Technical Committee 283 (ISO TC 283), the same international committee responsible for delivering ISO 45001 last year, which is now responsible for future revisions to the standard.
\r\nUnder its new chair Martin Cottam, group technical assurance and quality director at Lloyd's Register, ISO TC 283 met in September in Coventry, England with around 90 experts from 36 participating countries and 10 liaison organizations involved. The participants were divided up into working groups, in which they were to write technical texts on two priority topics:
\r\n- \r\n
- ISO 45003 draft standard on \"Occupational Health and Safety Management - Psychological Health and Safety in the Workplace - Guidelines \r\n
- Draft manual for the implementation of ISO 45001 for SMEs, based on the manual relating to the ISO 14001 standard on environmental management \r\n
The second plenary meeting of ISO/TC 283 will be held from 4 to 8 March 2019 in Texas. The meeting will among other things have to address issues from the TUC where a senior policy officer Hugh Robertson recently criticised the draft guidance particularly the references to employees' 'competence' in managing their own psychological risks. Robertson argued that ISO standards are not appropriate to dealing with stress and psychosocial risk at work.
", "showContent": "1", "pageDesc": "The international committee behind ISO 45001 has drawn up a new draft guidance standard on psychological risk in the workplace.", "dateCreated": "Jan 10, 2019 8:11 AM", "date_modified": "2024-10-27 23:12:54", "author": "Administrator", "postParent": "578", "isParent": "0", "pageImage": "uploads/images/202011/image_750x_5fab72749b06a.jpg", "showImage": "1", "imgThumbnail": "uploads/images/202011/image_750x415_5fab7274ada03.jpg", "medium_thumbnail": null, "small_thumbnail": "uploads/images/202011/image_100x75_5fab7274bbc25.jpg", "xs_thumbnail": null, "active": "1", "showOnNav": null, "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": "0", "page_video": null, "header_image": null, "menuImage": null, "youtube_playlist": null, "slider_title_color": null, "slider_caption_color": null, "caption_position": null, "slide_overlay": "0", "page_intro": null, "short_intro": null, "cta_text": null, "cta_url": null, "menu_title": null, "section_title": null, "embedded_page": "0", "resource_page": "0", "show_header": "1", "require_subscription": "0", "show_menu_title": "1", "image_url": "", "featured": null, "banner": null, "color": null, "date_created": "Jan 10, 2019", "parentSlug": "osh/osh-news", "grandparentSlug": "osh", "url": "osh/osh-news/tuc-raises-concerns-on-new-draft-iso-guidance-on-psychological-risk", "parentTitle": "OSH News", "title": "TUC raises concerns on New draft ISO guidance on Psychological Risk" }, { "pageID": null, "pageTitle": "Hotel Cleaner to be paid for Slip and Fall Injuries", "pageSlug": "hotel-cleaner-to-be-paid-for-slip-and-fall-injuries", "headline": null, "isRoot": "1", "pageCont": "A court in Mombasa, Kenya has ordered that a former cleaner who sustained back injuries while working at a hotel be paid over 1.8 million shillings in work injury benefits.
\r\nThe cleaner, David Kibe claimed that he slipped and fell while cleaning the male changing Room at the Sarova Whitesands Hotel, on or about 31st August 2004 leading to blunt injury to the back and displacement of the cartilage between the backbone vertebrae. He details the hotel's negligence to comprise failure to take any or adequate precaution for the safety of the workers exposing him to risk and damage and failure to provide a safe system of work. David also faulted the hotel for retiring him on medical grounds.
\r\nThe hotel denied any negligence and claimed that if any accident had occurred it was caused by the worker's own negligence. Fredrick Oroma who worked as David's supervisor at the hotel testified that David who had worked at the hotel for years as a cleaner had been trained on the cleaning procedures and had the tools to safely carry out the work. The supervisor claimed that the cleaner had worked contrary to instructions by using a water bucket, instead of a hose pipe to clean the floor. He also claimed that the cleaner had failed to use the gum boots provided and instead wore his \"safari boots\" while cleaning the floor. The supervisor also noted that on the material day, the cleaner had placed a \"slippery\" signage at the premises indicating that he was aware there was water with soap on the floor.
\r\nThe ruling by Judge James Rika of the Employment and Labour Relations Court in Mombasa on 28th September, 2018 found that the hotel was negligent and solely liable for the workplace accident, injury and disease occasioned to the worker. The court held that it was the responsibility of the hotel to ensure there was a safe system of work in place, and the tools availed to the worker afforded him protection from risk of slipping and injuring himself.
\r\nThe court also found that the retirement on medical grounds was hasty unfair and unlawful. Consequently the court ordered that the claimant be granted equivalent of 7 months' salary at Kshs. 63,945 in damages for unfair and unlawful retirement; cost of medical report, at Kshs. 2,000; and general damages for pain, suffering, loss of amenities and for future cost of physical and psychological healthcare at Kshs. 1,800,000 leading to a total of Kshs. 1,865,945.The hotel will also reimburse the legal costs to the claimant including interest at 14% per annum from the date of Judgment till payment is made in full.
\r\nSource: Kenya Law
", "showContent": "1", "pageDesc": "The Employment and Labor Relations Court found that the hotel was negligent and solely liable for the workplace accident, injury and disease to the worker. ", "dateCreated": "Oct 16, 2018 10:23 AM", "date_modified": "2024-10-27 23:12:54", "author": "Administrator", "postParent": "578", "isParent": "0", "pageImage": "uploads/images/202011/image_750x_5faa3fcd4953c.jpg", "showImage": "1", "imgThumbnail": "uploads/images/202011/image_750x415_5faa3fcd57922.jpg", "medium_thumbnail": null, "small_thumbnail": "uploads/images/202011/image_100x75_5faa3fcd6369f.jpg", "xs_thumbnail": null, "active": "1", "showOnNav": null, "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": "0", "page_video": null, "header_image": null, "menuImage": null, "youtube_playlist": null, "slider_title_color": null, "slider_caption_color": null, "caption_position": null, "slide_overlay": "0", "page_intro": null, "short_intro": null, "cta_text": null, "cta_url": null, "menu_title": null, "section_title": null, "embedded_page": "0", "resource_page": "0", "show_header": "1", "require_subscription": "0", "show_menu_title": "1", "image_url": "", "featured": null, "banner": null, "color": null, "date_created": "Oct 16, 2018", "parentSlug": "osh/osh-news", "grandparentSlug": "osh", "url": "osh/osh-news/hotel-cleaner-to-be-paid-for-slip-and-fall-injuries", "parentTitle": "OSH News", "title": "Hotel Cleaner to be paid for Slip and Fall Injuries" } ]