Workplace compliance in Kenya.

01

The employer's core legal duty

The Occupational Safety and Health Act, 2007 protects the safety, health and welfare of persons at work and people affected by work activities. It imposes duties on the occupier—the person with control over the workplace—and also duties on employees.

The practical standard is preventive. The occupier should provide safe plant and systems of work, information, instruction, training, supervision, safe access, welfare facilities and a working environment without avoidable health risks. Cost or convenience does not replace a documented assessment of what is reasonably practicable.

02

Register and maintain the workplace

DOSHS administers workplace registration and renewal. Its official process requires an application and workplace self-assessment before the forms and applicable charges are processed. See the DOSHS registration guidance .

The statutory concept of workplace is broad. An office, shop, warehouse, workshop, institution, construction project or other work location should be assessed on its facts. A business permit, lease or company certificate is not a substitute for DOSHS registration.

Registration is also not proof that every hazard is controlled. Keep the certificate current, notify relevant changes and maintain the workplace to the legal standard throughout the year.

03

Risk assessment drives the system

Inspect each task and location systematically: identify the hazard, who may be harmed, existing controls, remaining risk and the additional action required. Prioritise eliminating the hazard, then substitution, engineering controls and organisational controls before relying primarily on personal protective equipment.

Keep written evidence proportionate to the risk: assessments, inspections, maintenance, training attendance, protective-equipment issue, exposure monitoring, corrective actions and management review.

04

Build safety into ordinary operations

A workable health-and-safety policy should allocate responsibility from senior leadership to supervisors and workers. Translate it into procedures for induction, equipment, housekeeping, access control, hazardous substances, lone work, transport, reporting and emergency response.

Where the Act or a direction from the Director requires a safety and health committee, constitute and train it properly. The committee should review incidents, inspections, complaints and corrective actions rather than exist only in meeting minutes. Employees should be able to raise a hazard without retaliation.

DOSHS explains that workplace inspections may result in improvement or prohibition notices and may cover OSH audits, fire audits, hygiene surveillance and risk assessment. Use approved persons for regulated audits, examinations and training where required.

05

First aid, fire and emergency readiness

The Occupational Safety and Health (First Aid in the Workplace) Regulations, 2024 require readily accessible first-aid provision and set requirements that vary with workplace circumstances. Check the current schedules for trained first-aiders, equipment, records and arrangements.

Emergency planning should cover fire, serious injury, chemical release, violence, power failure and any site-specific scenario. Provide alarms, clear exits, assembly arrangements, emergency contacts and drills. Coordinate with the building owner and neighbouring occupiers; never assume the landlord's plan covers the tenant's employees or operations.

06

Plant and hazardous work need specialist controls

Boilers, pressure vessels, lifts, cranes, hoists, lifting tackle and other statutory plant can require examination and testing by approved persons. Keep certificates, maintenance history, operating instructions and defect closure records, and do not use equipment past an examination date where the law prohibits it.

Exposure to chemicals, dust, fumes, noise, vibration, radiation, biological agents or extreme temperatures may require monitoring, medical surveillance and specialised controls. Safety data sheets and protective equipment are only part of the system: procurement, storage, ventilation, labelling, training, spill response and disposal must align.

07

Work injuries: respond, report and learn

The Work Injury Benefits Act establishes the compensation framework for employees injured or made ill through work. Employers should maintain the required insurance arrangements and understand the statutory DOSHS process.

DOSHS states that a fatal accident must be reported promptly and a non-fatal accident within the applicable statutory period using the prescribed form. Confirm the current deadline and reporting channel for the incident. Notify the insurer immediately as well; an insurance report does not replace the statutory report.

1. Provide emergency treatment and prevent further harm.
2. Preserve the scene where lawful and collect reliable evidence.
3. Make the required DOSHS, insurer and internal notifications.
4. Investigate root causes rather than assigning quick blame.
5. Implement and verify corrective action across similar operations.
6. Support the employee and maintain confidential medical records.

08

Contractors do not outsource the risk

Prequalify contractors for competence, insurance, equipment and safety performance. Before work begins, agree who controls the site, isolates energy, issues permits, supervises, provides welfare, reports incidents and coordinates simultaneous activities.

Induct contractors and visitors into site hazards and emergency rules. Monitor the actual work rather than relying solely on contractual indemnities. A contract can allocate commercial risk, but it cannot erase statutory duties imposed on a party with control or responsibility.

EMPLOYER CHECKLIST

A safer workplace in ten steps

1. Identify the occupier and allocate accountable safety roles.
2. Register and renew each workplace with DOSHS as required.
3. Complete task-specific risk assessments.
4. Use the hierarchy of controls and document decisions.
5. Train, supervise and consult employees.
6. Provide compliant first aid and emergency arrangements.
7. Inspect and test statutory plant on time.
8. Maintain required injury insurance and reporting procedures.
9. Control contractors, visitors and shared workplaces.
10. Audit, investigate and close corrective actions.