Push to review occupational safety and health laws

EHS coordinater Mercy Kimeu, Workplace Safety Professionals Association of Kenya Chairperson Ken Kogei, Vivianne Boaz, founder and host of EHS  Unplugged Podcast and Safetynet Consultancy Ltd Director Babu Sitima during the OSH Quiz Night in Nairobi, on June 26, 2025. [David Gichuru, Standard]

There is a need to review laws related to occupational safety and health (OSH) to reflect the current realities in the workplace.

Dr Andrew Muruka, director of the Directorate of Occupational Safety and Health Services (OSH) at the Ministry of Labour and Social Protection, said the legislation that needs a review includes the Occupational Safety and Health Act, 2007 and the Work Injury Benefits Act, 2007.

“The greatest gap that we have right now is legislation that is now considered to be obsolete and therefore does not tackle issues of today,” said Dr Muruka.

“We have emerging issues like artificial intelligence(AI) technology, and we have mental health. These are supposed to be within the legislation, but we find that they have not yet been done.”

Dr Muruka, who spoke at the OSH Quiz Night by EHS Unplugged Podcast, said the Occupational Safety and Health Act, 2007, for instance, does not provide for several things that he thinks need to be included in modern legislation.

“Secondly, the Work Injury Benefits Act 2007 has several gaps, and on a number of occasions, the Supreme Court has made proposals on how this legislation can be improved to provide for things like enforcement for awards for injuries sustained during an impossible period,” said Dr Muruka.

The Act, once reviewed according to the senior labour official, should be able to have legislation that ensures that workers who suffer are compensated in accordance with the reduction in their work capacity, and not just necessarily the percentage of disabilities suffered. 

“So that bit will need to be revised to ensure that we have a legislation that we can use,” noted Muruka. 

He said the current proposed Workers’ Injury Compensation Bill, 2024, seeks to ensure that compensation is provided by a public body, whose governance structure includes the Federation of Kenya Employers, Central Organisation of Trade Unions, the government and other relevant independent bodies. 

The second challenge is putting in place the right legislation to address the knowledge gap on OSH among workers and employers. 

President of the Workplace Safety Professionals Association of Kenya Ken Kogei, supported Dr Muruka’s call for review of legislation, noting that some laws are quite old and outdated and therefore not relevant to the current practice or industry.

“However, we have seen the directorate come out strongly and recently, it updated the First Aid regulations. We look forward to more updates,” said Kogei.

He lauded the digitisation of government services, which he said has helped onboard a lot of workplaces and has also eased the practice of safety and audits and streamlined compliance in the industry.

Viviane Boaz, founder and host of EHS Podcast, said the event was an opportunity for OSH professionals to step away from their workplace and demanding jobs, and celebrate network and connectivity, all while having fun.

“But we’re also commemorating the theme, ‘Making Kenya A Great Place To Work’. Kenya is a great place to visit and to live. The question is, is Kenya a great place to work? That is the theme for Africa’s OSH business,” said Ms Boaz, an environmental health and safety expert and enthusiast.