NMC OSH Policy (Repaired)
NMC OSH Policy (Repaired)
NMC OSH Policy (Repaired)
WORKSHOP ROAD.
P.O BOX 70660-00400
NAIROBI
TEL: +254 20 2241701
FAX: + 254 20 2244759
Email: [email protected]
Website: www.nmc.go.ke
SEPTEMBER 2019
TABLE OF CONTENT.
BENEDICT M. KIMAU
AG. MANAGING DIRECTOR
Unplanned event that does not result in injury, illness, or damage – but has
the
potential to do so. Only a fortunate break in the chain of events prevents an
Near misses injury,
fatality or damage.
Readily identifiable event as defined under the Occupational Safety and Health
Act,
Dangerous
2007, that causes damage to property with potential to cause an injury or
disease to
occurrence persons at work or the public.
Abbreviations
This document sets out the OHS requirements and the company’s commitment
to ensure a safe and healthy working environment.
SCOPE.
This policy guideline primarily provide guidance to: All employees of the
company, Clients, Visitors, Trainees Volunteers and Contractors while visiting
or conducting business in company workplaces and while participating in
authorized company activities outside of company workplaces.
The company is also committed to regular OHS consultation with staff and
their representative
1.4. Scope
This Policy shall apply to all workplaces in all sectors of the economy and all
forms of work guided by the existing laws on Occupational Safety and
Health, Work Injury Benefits and other relevant regional and International
Labour Standards without any exemption. The main focus shall be the
prevention and control of work-related accidents and diseases,
compensation and rehabilitation of workers injured in the course of work
and those who contract occupational diseases. This will be carried out in
consultation and participation of the social partners and all other
stakeholders under the direction of the Cabinet Secretary responsible for
labour matters.
The principles that shall guide the Policy are; existing national laws and
policies, International Labour Organization (ILO)Conventions, codes of
practice and guidelines in occupational safety and health, and World Health
Organization (WHO) and ILO Action Plans. These principles are:
a) The occupational safety and health laws shall cover all workers and
employers in all sectors of the economy and all forms of employment;
b) The occupational safety and health laws shall spell out the core rights
and duties of employers, workers and all other stakeholders, including
universal application;
f) The employers bear the cost of accidents and diseases to their employees,
including the cost of medical treatment, compensation and rehabilitation.
g) Occupational safety and health shall be managed like any other
organizational function.
h) Recognition for compliance and good performance in occupational safety
and health at enterprise and national levels.
PART II: SITUATIONAL ANALYSIS AND CHALLENGES
In the year 2000, the Government formed a task force to review the Labour
Laws which culminated in the enactment of the Occupational Safety and
Health Act and the Work Injury Benefits Act in 2007. The two Acts, OSHA and
WIBA cover both formal and informal sectors. Apart from these two there are
other legislations that touch on occupational safety and health namely Public
Health Act, Environmental Management and Coordination Act, Radiation
Protection Act, The Pest Control Products Act among others. An estimated
140,000 workplaces are in the formal sector (KNBS, 2007). The total workforce
in Kenya is estimated at 10.3 million in both formal and informal sectors.
2.2. Challenges
In the delivery of occupational safety and health services, the country faces
several challenges that include:
Apart from the Occupational Safety and Health Act (OSHA), 2007 which
provides for safety, health and welfare of persons at places of work,
occupational safety and health (OSH) issues are scattered in other pieces of
legislations. These disjointed laws on occupational safety and health create
disharmony, overlap and duplication of enforcement efforts. In addition, the
use of the ordinary court system for prosecution of cases on OSH is a
challenge in that it is time consuming since the cases compete with other
criminal cases.
Policy Statement.
Arising from the nullification of some key sections of the Work Injury Benefits
Act (WIBA), 2007, the Government cannot effectively enforce the Act. The
current Act does not provide for the rehabilitation of injured workers.
Policy Statement
Policy statement
2. Most equipment for safety and for monitoring working environment for
compliance are not available locally and are expensive.
Policy statement
Many employers and employees, including those in the public service, are not
cooperating on occupational safety and health issues effectively, hence the
need to establish and strengthen the bipartite system at the enterprise level. In
addition, the law excludes representation of key stakeholders such as Micro
and Small Enterprises (MSEs) in the National Council for Occupational Safety
and Health.
Policy statement
b) The Occupational Safety and Health Act (OSHA), 2007 shall be amended
to review representation of membership at the National Council for
Occupational Safety and Health (NACOSH) and include MSEs, among
others. This will strengthen the Council and facilitate it to carry out its
mandate effectively.
Policy Statement
3. There is shortage of OSH skills both in the public and private sectors. In
addition, there has been little investment in the education and training
of health and safety representatives.
Policy statements:
Policy Statements
Policy Statements
a) The institute established under 3.7c will also carry out specialized
applied research in occupational safety and health.
Policy Statements
b) The Government will build the capacity of the authority in charge of the
administration and enforcement of work injury compensation in the
country.
1. The financing of occupational safety and health services has largely been
from Government budgetary allocations which have proven inadequate.
2. Apart from increasing the coverage of the law on occupational safety and
health issues, the enactment of the Occupational Safety and Health Act
(OSHA), 2012, has created more functions which include research,
training, awareness creation, advisory services to stakeholders,
development of codes of practice and guidelines, provision of outreach
services to the community at large and other OSH promotional activities.
In addition the transfer of the responsibility for work injuries
compensation to DOSHS without additional financial allocation has
aggravated the department’s financial burden.
Policy Statements
3.13.1 Gender
Policy issue
1. Most employers are not adequately aware of the need to have gender
responsive workplaces.
Policy Statements
a) The Government, in collaboration with stakeholders, will institute
affirmative action initiatives aimed at addressing workplace gender
biases in occupational safety and health.
Policy issue
1. About 30 million people globally have been infected with HIV and AIDS
in the age range of 15-49 considered to be the prime productive life and
is increasing at the rate of 7,500 daily [UNAIDS 2008 Report on global
AIDS epidemic] The severity of the impact caused on businesses,
national economies, individuals and their families is likely to have a
significant negative impact on economic growth if left unchecked.
2. In Kenya, about 1.3 million people in the age range of 15-64 are living
with HIV and AIDS [KAIS2007]. Most of these are workers who are more
vulnerable to occupational hazards due to their reduced body immunity.
This has resulted in reduced productivity and even deaths amongst the
working population and further continues to threaten the source supply
of working personnel.
Policy Statement
Policy issue
Workers with special needs including persons with disabilities and other
special needs have not been given adequate and convenient facilities at
workplaces.
Policy Statement
Policy issue
Policy statement
Policy issue
An increasing number of workers are abusing substances including tobacco,
alcohol, prescription drugs, and narcotics that can lead to ill health and
accidents in the workplaces.
Policy statement
To establish an effective and all inclusive Monitoring and evaluation system, the
Government shall:
4.3.1 Government
4.3.2 Employers
The private sector will complement the efforts of the Government in the
promotion and provision of occupational safety and health services.
Due to the dynamic nature of working environment, this Policy document shall
be reviewed after every five years or as the need arises