Occupational Safety and Health in Kenya: Laws, Enforcement, and the Challenge of Protecting Workers Across Formal and Informal Sectors

Occupational safety and health represents a hidden crisis in Kenya, with an alarming rate of workplace accidents resulting in an average of 64 fatalities per 100,000 employees annually in the construction sector alone. With a total working population of 18 million people, of whom approximately 15 million work in the informal sector largely beyond the reach of regulatory protection, the gap between legal standards and workplace reality remains enormous. The Occupational Safety and Health Act (OSHA) of 2007 provides a comprehensive legal framework, but enforcement challenges, resource constraints, and the dominance of informal employment mean that millions of Kenyan workers face daily risks with inadequate protection.

The Legal Framework: OSHA 2007 and Beyond

The Occupational Safety and Health Act 2007 serves as Kenya's foundational legislation for workplace safety, designed to prevent workplace accidents, injuries, and occupational diseases. The Act applies to all workplaces where persons are employed, establishing comprehensive requirements for employers including conducting risk assessments, providing personal protective equipment, ensuring safe work systems, and reporting workplace accidents and dangerous occurrences.

Key employer obligations under OSHA 2007 include registering workplaces with the Directorate of Occupational Safety and Health Services (DOSHS), conducting regular safety audits, maintaining accident records, providing safety training to employees, and establishing workplace health and safety committees in organizations with twenty or more employees. The Act also grants workers the right to refuse dangerous work and to participate in safety decision-making through elected safety representatives.

The Occupational Safety and Health Bill 2024, released for public participation, proposes significant updates to the existing framework. These amendments reflect lessons learned from two decades of implementation and aim to address gaps in coverage, strengthen enforcement powers, and modernize safety standards to align with evolving workplace hazards including those associated with digital technology, chemical exposure, and emerging industries.

DOSHS: Structure and Enforcement Capacity

The Directorate of Occupational Safety and Health Services operates under the Ministry of Labour and Social Protection with headquarters in Nairobi and regional offices across twenty-nine counties. DOSHS is responsible for workplace registration, plant and machinery registration, workplace inspections and audits, examination and testing of industrial plants, accident investigation, and processing of Work Injury Benefits Act (WIBA) claims.

However, DOSHS faces a severe capacity crisis that fundamentally undermines its enforcement mandate. The total number of workplaces requiring inspection is estimated at approximately 140,000, yet only around 4,000, representing just 2.9% of all workplaces, are inspected annually. The directorate has only 71 professional occupational safety and health officers, operating at roughly 29% technical capacity. This staffing level is grossly insufficient to effectively oversee the vast number of workplaces across the country, resulting in widespread non-compliance with safety regulations.

Workplace Injuries and the WIBA Compensation System

The Work Injury Benefits Act (WIBA) establishes the framework for compensating workers who suffer injuries, diseases, or death arising from employment. WIBA applies to all employees, including government workers, but excludes members of the armed forces. When a workplace accident occurs, employers are required to report the incident to DOSHS, and a county DOSHS officer visits the workplace to investigate the nature, cause, and impact of the accident. This investigation report forms the basis for compensation claims.

The compensation process involves medical examination to determine the degree of disability, calculation of benefits based on the worker's earnings and the severity of injury, and payment through the employer's insurance provider. However, many workers, particularly in the informal sector, face significant barriers to accessing WIBA compensation including lack of formal employment contracts, employer failure to maintain insurance coverage, and limited awareness of their rights under the law.

Recent Regulatory Developments

Kenya has continued to strengthen its occupational safety framework through new regulations. The Occupational Safety and Health (First Aid in the Workplace) Regulations 2024 expanded first-aid requirements beyond factories to all workplaces. These regulations require employers to conduct first-aid needs assessments, ensure sufficient trained first-aid providers are available during working hours, maintain adequately stocked first-aid boxes, and where necessary, establish dedicated first-aid rooms. This expansion reflects a more comprehensive approach to workplace safety that goes beyond heavy industry to encompass offices, retail establishments, and service sector workplaces.

The Kenya Institute for Public Policy Research and Analysis (KIPPRA) has published detailed analyses of workplace safety and health in Kenya, highlighting both progress and persistent challenges. Their research has been particularly focused on the construction sector, which accounts for a disproportionate share of workplace fatalities and injuries due to the hazardous nature of construction work and widespread non-compliance with safety standards.

Sector-Specific Safety Challenges

The construction sector presents the most acute occupational safety challenges in Kenya. With an average of 64 fatalities per 100,000 employees annually, construction workers face risks from falls, structural collapses, electrocution, machinery accidents, and exposure to harmful substances. Despite having occupational safety laws in place, enforcement gaps due to inadequate resources and understaffing in regulatory bodies result in widespread non-compliance, especially in informal construction projects that operate entirely outside the regulatory system.

Agriculture, which employs the largest share of Kenya's workforce, exposes workers to pesticide poisoning, musculoskeletal injuries from manual labor, heat stress, and injuries from tools and machinery. Agricultural workers, particularly those on smallholder farms and in the informal flower and tea industries, often lack access to protective equipment, safety training, and health monitoring. The seasonal and dispersed nature of agricultural work makes effective inspection virtually impossible with current DOSHS capacity.

The mining sector, including both formal mining operations and artisanal small-scale mining, poses significant safety risks from cave-ins, dust exposure leading to silicosis and other respiratory diseases, and chemical hazards from processing minerals. Artisanal miners, who operate informally in many parts of Kenya, work without basic safety equipment or emergency procedures, leading to preventable deaths and chronic health conditions.

The Informal Sector: Kenya's Biggest Safety Gap

With approximately 15 million of Kenya's 18 million workers employed in the informal sector, the vast majority of the workforce operates beyond the effective reach of occupational safety regulation. Informal workers in manufacturing, construction, transport, food preparation, and other sectors face workplace hazards without the protection of safety standards, insurance coverage, or access to compensation for injuries. This represents Kenya's most significant occupational safety challenge and one that cannot be addressed through enforcement alone.

Creative approaches to reaching informal sector workers include community-based safety training programs, mobile technology for hazard reporting and safety information dissemination, and simplified insurance products designed for informal workers. The International Labour Organization (ILO) has supported initiatives to extend occupational safety protections to informal workers in Kenya, recognizing that inclusive approaches are essential for achieving decent work standards across the economy.

The Path Forward: Strengthening Kenya's OSH System

Improving occupational safety and health in Kenya requires a multi-pronged approach. Dramatically increasing DOSHS staffing and funding is essential to close the inspection gap that currently leaves 97% of workplaces uninspected. Strengthening penalties for non-compliance and holding employers accountable for workplace injuries and deaths would create stronger deterrents against cutting safety corners. Investing in safety education at all levels, from vocational training institutions to workplace induction programs, would build a culture of safety that complements regulatory enforcement.

The passage of the updated OSH Bill 2024, combined with continued development of sector-specific safety regulations, would provide a more robust legal foundation. However, legislation alone cannot protect workers. Kenya needs a fundamental shift in how employers, workers, and society view workplace safety, moving from a compliance-focused approach to a genuine commitment to ensuring that every worker returns home safely at the end of each working day.