OSHA Workplace Safety Policy (Kenya)

An OSHA Workplace Safety Policy in Kenya records the organisation's binding rules on the matter it addresses.

The Directorate of Occupational Safety and Health Services (DOSHS), operating under the Ministry of Labour and Social Protection, is the regulatory body responsible for administering and enforcing OSHA 2007 in Kenya. DOSHS-registered Occupational Safety and Health Officers (OSHOs) conduct workplace inspections, issue improvement notices under Section 40 of OSHA 2007, and may apply for prohibition orders before the Industrial Court where imminent danger is identified. Every employer in a prescribed industry must register the workplace with DOSHS and pay the annual registration fee set under the Occupational Safety and Health (Registration of Workplaces) Rules.

A Kenya OSHA Workplace Safety Policy differs from a standard employment contract term or a risk assessment document. The policy is a standalone organisational statement that identifies the persons responsible for safety management, sets out the arrangements for implementing the policy, and provides the framework within which more detailed procedures — such as hazard identification checklists, emergency evacuation plans, and personal protective equipment (PPE) registers — operate. It must be read alongside the Factories and Other Places of Work Act (Cap. 514), which continues to govern specific factory premises, equipment, and processes in so far as it has not been superseded by OSHA 2007.

The Work Injury Benefits Act No. 13 of 2007 (WIBA) operates alongside OSHA 2007 to provide a no-fault compensation scheme for employees injured, killed, or contracting diseases at work. WIBA requires every employer to insure employees against work injury with a licensed insurer or to qualify as a self-insurer approved by the Commissioner for Insurance under the Insurance Act (Cap. 487). The OSHA safety policy should cross-reference WIBA obligations, identify the employer's WIBA insurer, and confirm the procedure for reporting injuries to DOSHS within seven days of a reportable accident under Section 25 of WIBA.

In the construction sector, the National Construction Authority (NCA) — established under the National Construction Authority Act No. 41 of 2011 — requires contractors registered at grades NCA 1 to NCA 8 to maintain a site-specific safety plan that aligns with the OSHA policy. The Energy and Petroleum Regulatory Authority (EPRA) imposes additional occupational health and safety requirements on petroleum and energy sector workplaces. Mining and quarrying operations are subject to the Mines and Minerals Act and the Mining Regulations, which require separate mine safety documents filed with the Commissioner of Mines.

An OSHA Workplace Safety Policy should be distinguished from a fire safety plan required under the Fire Risk Reduction Rules 2007 made under OSHA 2007, a chemical safety data sheet required under the Toxic and Hazardous Industrial Chemicals and Materials Management in Kenya Regulations, and an environmental impact assessment (EIA) licence issued by the National Environment Management Authority (NEMA) under the Environmental Management and Co-ordination Act No. 8 of 1999. Each document serves a different regulatory purpose, but an integrated safety management system coordinates all of them under a single policy framework.

An OSHA Workplace Safety Policy in Kenya is required by law and by several practical triggers that make a written policy immediately necessary.

Every employer in Kenya with five or more employees must prepare a written OSHA safety policy under Section 6 of the Occupational Safety and Health Act No. 15 of 2007. A policy is needed at the time a business first reaches the threshold of five employees, and must be updated whenever hazards, processes, staffing, or organisational structure change materially.

A policy is required when registering a workplace with the Directorate of Occupational Safety and Health Services (DOSHS). DOSHS Occupational Safety and Health Officers (OSHOs) request the written policy during routine inspections, and an employer who cannot produce a current policy risks an improvement notice under Section 40 of OSHA 2007 and potential criminal prosecution.

A policy is needed before commencing construction or civil engineering works. The National Construction Authority (NCA) requires contractors to submit a site safety plan aligned with the OSHA policy as part of project registration. A signed policy is also required by most main contractors as a precondition for subcontractor appointment on NCA-graded construction projects in Kenya.

A policy is required when applying for a WIBA insurance policy under the Work Injury Benefits Act No. 13 of 2007. Licensed insurers and the AKI (Association of Kenya Insurers) assess the employer's safety management arrangements when pricing WIBA premiums, and a documented safety policy supports a lower risk rating.

A policy is needed when an employer operates in a high-risk sector — manufacturing, processing, mining, healthcare, or food production — where the Factories and Other Places of Work Act (Cap. 514) and sector-specific OSHA regulations impose prescriptive safety standards. Written policies are evidence of due diligence in prosecutions brought by DOSHS under OSHA 2007.

A policy is required when a company bids for public procurement tenders. Section 55 of the Public Procurement and Asset Disposal Act No. 33 of 2015 allows procuring entities to require evidence of health and safety compliance as part of tender qualification criteria, and a current OSHA safety policy satisfies that requirement.

A valid OSHA Workplace Safety Policy in Kenya under the Occupational Safety and Health Act No. 15 of 2007 must contain the following essential elements to satisfy the requirements of Section 6 and the DOSHS inspection standards.

Policy Statement and Commitment: A signed statement by the most senior person in the organisation — the Chief Executive Officer, Managing Director, or equivalent — declaring the employer's commitment to providing a safe and healthy working environment for all employees, contractors, and visitors. The statement must acknowledge the employer's general duty under Section 6 of OSHA 2007 and commit to allocating sufficient resources for safety management.

Scope and Application: The workplaces, premises, activities, and categories of persons — employees, contractors, agency workers, visitors — to whom the policy applies. The policy should identify the DOSHS Workplace Registration Number and confirm the industry classification under the OSHA (Registration of Workplaces) Rules.

Organisation and Responsibilities: A clear allocation of safety responsibilities, identifying: the employer's designated Safety and Health Representative or Safety and Health Committee (required for workplaces with more than 20 employees under Section 13 of OSHA 2007); the department heads responsible for implementing the policy in their areas; and the contact details of the DOSHS-registered Occupational Safety and Health Officer (OSHO) or appointed safety advisor.

Hazard Identification and Risk Assessment: The procedure for conducting workplace hazard identification and risk assessments under OSHA 2007, including the frequency of assessment, the persons responsible, and the records to be maintained. Reference should be made to the Occupational Safety and Health (General) Rules made under OSHA 2007 and to sector-specific regulations such as the Chemical Safety Regulations.

Safe Working Procedures: Key procedures for controlling identified hazards, including: permit-to-work systems for high-risk tasks; personal protective equipment (PPE) requirements and the obligation to provide PPE free of charge to employees under Section 6(2)(f) of OSHA 2007; machinery guarding standards under the Factories and Other Places of Work Act (Cap. 514); and manual handling procedures.

Incident Reporting and Investigation: The procedure for reporting workplace accidents, dangerous occurrences, and occupational diseases to DOSHS within the timelines prescribed by OSHA 2007 and the Work Injury Benefits Act No. 13 of 2007 (WIBA). Section 25 of WIBA requires notification of a work injury to the employer within three days and by the employer to the Commissioner for Labour within seven days. The policy must identify the internal incident reporting form and the DOSHS notification procedure.

Emergency Procedures: Fire evacuation plans compliant with the Fire Risk Reduction Rules 2007; first-aid arrangements including the number and qualifications of first-aiders required under the Occupational Safety and Health (First Aid) Rules; and emergency contact numbers including DOSHS, the nearest public hospital, and the Kenya Police Service (999).

Health Surveillance and Employee Welfare: Arrangements for pre-employment and periodic medical examinations where required by sector-specific regulations; access to clean drinking water, adequate sanitary facilities, and rest areas under OSHA 2007; and the employer's obligations regarding occupational disease under the WIBA scheduled diseases list.

Training and Competence: The employer's commitment to providing OSHA induction training for all new employees, periodic refresher training, and specialist training for employees operating plant or handling hazardous substances. Training records must be maintained and made available to DOSHS inspectors on request.

Review and Revision: The procedure and frequency for reviewing and revising the policy, with a commitment to revise whenever there are material changes to the workplace, processes, or legislative requirements under OSHA 2007. The policy must be re-signed by the senior responsible person after each revision.

Forms-legal.com provides this Kenya OSHA Workplace Safety Policy template as a starting point for employers meeting the Section 6 written policy obligation. The policy should be adapted to the specific hazards and arrangements of each workplace, and legal advice sought for high-risk premises or complex multi-site operations.