Occupational Safety and Health Policy

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REPUBLIC OF KENYA

MINISTRY OF GENDER, CHILDREN AND SOCIALDEVELOPMENT

OCCUPATIONAL SAFETY AND HEALTH POLICY

30TH

APRIL, 2009


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MGCS&D - OS&H Policy April, 2009i

FOREWORD

This policy has been developed by this Ministry in consultation with theDirectorate of Occupational Safety and Health, Ministry of Labour. It appliesto employees of the Ministry, trainees, children, visitors, volunteers andcontractors while visiting or conducting business at Ministerial workplaces andwhile participating in authorized Ministerial activities outside the Ministrysdesignated workplaces.

The Ministrys Occupational Safety and Health policy involves implementingmeasures to ensure a Safe and Healthy working and learning environmentfor all in accordance with the Occupational Safety and Health Act 2007, Work

injury benefits Act No.13 of 2007, The Factories and Other Places of Work(Medical Examination) Rules 2005. L.N.24 , The Factories and Other Placesof Work (Fire Risk Reduction) Rules, 2007 L.N. 59 and other relevantsubsidiary legislations and regulations.

Where relevant, this policy should be read and applied in conjunction withrelated Government directives in the Code of Regulations, Public OfficerEthics Act of 2005, Code of Conduct for Public Officers, The PublicProcurement and Disposal Act 2005, amongst others.

The Ministry is committed to regular Occupational Safety and Health

consultation with staff and their representatives and, when necessary, withcontractors and suppliers of goods and services in order to ensure thatoccupational safety and health management is of the highest standard.

The Ministry shall be guided in its policy by the relevant statutory andregulatory requirements which we aim to adhere to. We shall progressivelyaudit our activities and workplaces and implement recommendations forefficient, safe and healthy standards.

This commitment calls for a sustained collaboration and co-operation by allparties who are impacted on by the Ministrys workplaces.

DR. JAMES .W. NYIKAL, CBS

PERMANENT SECRETARY

MINISTRY OF GENDER, CHILDREN AND SOCIAL DEVELOPMENT.

APRIL 2009.


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MGCS&D - OS&H Policy April, 2009ii

ACRONYMS AND ABBREVIATIONSOS&H Occupational Safety and Health

NEMA National Environmental Management Authority

PPE Personal Protection Equipment

OSHA Occupational Safety and Health Act,2007

DEPT Department

MGC&SD Ministry of Gender, Children and Social Development

ICT Information Communication and Technology

ILO International Labour Organisation

OSHC Occupational Safety and Health Committee

WIBA Work Injury Benefits Act,2005

COR Code of Regulations

PP&DA Public Procurement and Disposal Act

CRT Cathode Ray Tube


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MGCS&D - OS&H Policy April, 2009iii

TABLE OF CONTENTSFOREWORD...................................................................................................................... iACRONYMS AND ABBREVIATIONS ......................................................................... iiTABLE OF CONTENTS ................................................................................................ iiiOBJECTIVE OF THE POLICY ...................................................................................... 1APPLICATION OF THE POLICY.................................................................................. 1MINISTERIAL ACTIVITIES, ASSOCIATED HAZARDS, RISKS ANDMITIGATIONS .................................................................................................................. 2ROLES AND RESPONSIBILITIES............................................................................... 4REVIEW OF THE POLICY ............................................................................................. 6

OFFICIAL CONTACT ..................................................................................................... 6FOR MORE INFORMATION CONTACT:.................................................................... 6APPENDICES.................................................................................................................... i

ANNEX 1. NOTICE BY EMPLOYER OF AN OCCUPATIONAL

ACCIDENT/DISEASE OF AN EMPLOYEE ............................................................ i

ANNEX 2. PERMIT TO WORK FORM.................................................................... i

ANNEX 3. OCCUPATIONAL SAFETY AND HEALTH AUDIT TOOL ............... i

ANNEX 4. FORMAT FOR REPORTING SPECIFIC HAZARDS AT WORK

PLACE......................................................................................................................... i


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MGCS&D - OS&H Policy April, 20091

OBJECTIVE OF THE POLICY

To provide guidelines for the Ministry to make conscious effort to conserve andimprove safe and healthy working conditions for staff, clients and visitors incompliance with Occupational Safety and Health Act No. 15 of 2007; and anyother relevant occupational safety and health legislation and regulations

APPLICATION OF THE POLICY

This Policy will apply to all the Ministrys staff, Clients and Visitors lawfullypresent within its work places or involved in any way in the Ministrys activitiesoutside its designated workplaces.


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MINISTERIAL ACTIVITIES, ASSOCIATEDHAZARDS, RISKS AND MITIGATIONS

Organizations mainactivities

Associated Hazards/Risks/Problems

Mitigation Measures/Facilities

1. Records and datamanagement

1. Ergonomic problems due to longhours of sitting.

2. Glare due to long hours ofexposure to computer screen.

3. Damage and loss of recordsand data by poor filingequipment, viruses, hacking etc

4. Associated occupational

diseases e.g. allergies, coughsetc

5. Air pollution

1. Provision of appropriate sitting facility(high-back swivel adjustable seat andappropriate desk)

2. Antiglare facility fitted on the CRTcomputer screens.

3. Provision of modern data and recordsstorage systems

4. Provision of PPE

5. Introduction of breaks in between workinghours.

6. Rotation of staff.7. Provision of authentic equipment, tools,

network security software etc

2. Interactions with theCommunity e.g. socialenquiry, inspections, cashtransfers, grants, courtsessions, groupregistration, communitymobilization etc

1. Employees insecurity e.g.assault, robbery, etc

2. lack of Identification card foremployees

3. Conveyance and Handling ofcash

4. Loss of money and documents5. Exposure to harmful chemicals

1. Provision of appropriate securityarrangements

2. Training employees in public relations andcounseling

3. Providing passes4. Provide Permit to work form.( see annex

2)5. Issue all staff with Civil Servants/ministry

identity cards/volunteers identity cards6. Reinforced premises7. Security vetting8. Insurance

3. Basic housekeeping inStatutory childreninstitutions,vocational/rehabilitationcenters and offices

1. Fire outbreaks2. Overcrowding3. Disease/ infections outbreaks4. Physical injury5. Stress and fatigue for

employees6. Danger posed by exposed

electrical wires and electrical

appliances e.g. hot plates,electric kettles etc

7. Food contamination8. Suffocation,9. Dehydration10. Air Pollution11. Loss of property12. Electrocution

1. Provision of fire exits and fire fightingequipment

2. Expand the existing facilities3. Sharing of both staff, and children in

institutions through distribution accordingto institution capacity by Weekly reportingon population in institutions

4. Medical examination and treatment of all

children before admission5. Provision of First Aid Kit6. Proper ergonomics and counseling.7. Proper installation, repairs and

maintenance of electrical equipment anduse of designated cooking areas

8. Fire drills and training9. Ensure medical reports are availed on

admission10. Provision of adequate storage facilities11. Provision of PPE


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Organizations mainactivities

Associated Hazards/Risks/Problems

Mitigation Measures/Facilities

4. Transport 1. Motor vehicle, bicycle and motorcycle accidents

2. Physical injury3. Fire outbreaks4. Stress5. Exposure to harmful chemicals

and weather elements

1. Properly maintained motor vehicles,bicycles and motor cycles and disciplineddrivers

2. Regularly servicing of Motor vehicles,bicycles and motor cycles

3. Refresher courses for drivers4. provide accident (DOSH1)form (see

annex I)5. Provision of adequate fire and First Aid Kit

5. Procurement of goods andservices

1. Substandard goods that posedanger to the user(s) e.g.computers, printers,

2. Danger posed on receiving

goods e.g. drugs, detergentsand chemicals

3. Procurement including technicalevaluation and verification

1. Provision of goods as specified by theuser(s)

2. Provide personal protective equipment3. Ensure that all suppliers are aware of and

adhere to our OS &H standardsprocurement of goods according to properspecifications

4. Training of staff

6. Storage and disposal 1. Storage and handling of goods2. Spillage & leakage of hazardous

materials e.g. Acids andpungent smells and sometimespoison emitted from rubber,toner etc

3. Insecurity and leakage inServer Rooms

1. Use of proper recommended disposalmethods as provided by the PublicProcurement Disposal Act 2005, NEMA.

2. Provide security and drainage system inthe server rooms

3. Provide adequate storage facilities andPPE,

4. Assign security personnel and install adrainage pipe in server rooms.

4. Cleaning 1. Danger posed by wet slipperyfloors, cleaning detergents anddisinfectants, dusty surfaces,naphthalene balls, fumigants etc

2. Cleaning heights

1. Ensure that cleaners are aware of andadhere to our OS&H standards

2. Provision of PPEs, ladders and pulleys

5. Social Welfare 1. Stress and fatigue fromexogenous factors

1. Provision of a cup of tea to every staff2. Provision of designated cooking areas3. Work place counseling services4. Compensation in case of accidents5. Initiate and operationalize Ministerial/Dept

Welfare Associations

6. Handling Confidential

Information

1. Stress Related Complications,

2. Intimidation3. Harassment4. Stigmatization5. Discrimination

1. Discrete appointment of person(s)

handling confidential information.2. Enhancing procedure for handling ofsecret information

7. Customer Care 1. Handling difficult, suspicious,impatient and sometimes violentclients

1. Establishing customer care desks2. Training of employees on customer care

management and public relations


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ROLES AND RESPONSIBILITIES

A.ROLES AND RESPONSIBILITIES OF THE ACCOUNTING OFFICER

Appoint Ministerial Occupational Safety And Health Committee Provide, at no cost to the Committee, a suitable venue and other facilities for holding

Committee meetings Allow members to attend the meetings and other functions of the Committee without loss of

earnings, opportunities for promotion or advancement Ensure that all safety representatives have undertaken the training courses organized for

purposes of these Rules Provide the Committee with

Any information or report on any accidents, dangerous occurrences and incidents ofoccupational diseases immediately it comes to his knowledge

Statistics of accidents, dangerous occurrences, and incidents of occupational diseases All the necessary and relevant information on hazardous substances Safety and health reference material or facilities

Cause the monitoring and evaluation of hazards and risks identified by the Committee to becarried out by a competent person

Develop a clearly defined safety and health policy and bring it to the notice of all employeesat the work place, and send a copy of the policy to the director DOSH, Ministry of Labour

Facilitate the implementation and review of the organizations safety and health policy Make available to the Committee legislation on occupational safety and health Make a report to the director on all accidents as required under the Principal Act Chair meetings, and, in his absence, delegate the function to a senior member of the

management

Cause to be maintained a record of the proceedings of Committee meetings and reports ofthe audit referred to in these Rules

Ensure that all matters set out in these Rules are complied with

B.ROLES AND RESPONSIBILITIES OF THE OCCUPATIONAL SAFETYAND HEALTH COMMITTEE (OS&HC)

Establish a schedule of inspection of the workplace for each calendar year;

Conduct safety and health inspections at least once in every three months; Inspect, investigate and make recommendations to the occupier immediately any accident or

dangerous occurrence takes place;

Identify occupational hazards and cases of ill health among workers at the workplace and

make appropriate recommendations to the occupier Compile statistics on accidents, dangerous occurrences and cases of ill-health as primary

data for providing remedial measures, planning and allocation of resources

Investigate complaints on health, safety and welfare at the workplace

Advise on the safety and health measures for hazardous work or activities; Establish effective communication between the management and the workers Organize contests or activities on occupational health and safety

The director may require the occupier to furnish his office with a schedule of the meetings ofthe committee for each year or part thereof, and the proceedings of the same.

The committee may co-opt into its membership one or more persons by reason of theirparticular knowledge or experience in health and safety matters as an advisory member

Conduct seminars on safety, health and welfare at the workplace


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C.ROLES AND RESPONSIBILITIES OF EMPLOYEES

Participate in training programmes provided by the OS&H committee

Properly use materials and equipment supplied by the Ministry Conserve energy, water and other resources

Use good judgement in carrying out work assignments and follow established procedures Promptly report unsafe conditions, health hazards, as well as injuries and illnesses to the

supervisors or OS&H Committee

Give due consideration to personal safety and the safety of others while performing assignedtasks

Strictly adhere to the policy requirements and guidelines

D.ROLES AND RESPONSIBILITIES OF OTHER STAKEHOLDERS

To report OS&H concerns to the management or the OS&H committee

Familiarise themselves with their role in the event of fire or other disasters Observe the Ministrys OS& H requirements while at its workplaces


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REVIEW OF THE POLICYThis policy will be reviewed and amended as and when necessary. This willensure that a high standard of safety and health is maintained in this Ministry.

OFFICIAL CONTACTFOR MORE INFORMATION CONTACT:

The Permanent Secretary,Ministry of Gender, Children and Social Development,P.O Box 16936-00100Nairobi.Email:[email protected]: 2734417Telephone: 2727980-4

Website: www.gender.go.ke


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APPENDICESANNEX 1. NOTICE BY EMPLOYER OF AN OCCUPATIONALACCIDENT/DISEASE OF AN EMPLOYEE

DOSH 1

REPUBLIC OF KENYA

DIRECTORATE OF OCCUPATIONAL SAFETY AND HEALTH SERVICES

NOTICE BY EMPLOYER OF AN OCCUPATIONAL ACCIDENT/DISEASE OF AN

EMPLOYEE

PART 1

1. Employer Particulars:-

ii. Name ...

iii. Employers registration No...

iv. Full Address ....

v. Industry or business.

vi. Name and address of Insurance Company which has insured employee against accident

2. The Injured/sick employees particulars :-

i. Name

ii. Sex

iii. Age

iv. Occupation ...

v. Full Address .vi. E- Mail address

vii. Tel: ..

viii. Identity Card No. (or other Identity particulars)

Occupational Accident

i. Date of Accident Time: Fatal /Non fatal

ii. Has the worker resumed working Yes/No Date of resumption

iii. Place

iv. What is the injured workers Occupation

v. Length of service with the present employer

vi. What work is the worker employed to undertake

vii. Cause of Injury

viii. Type of Injury

ix. Part of Body Injured

Occupational Disease

3. Detail about the Occupational disease affecting the employee.

i. Date of diagnosis the occupational disease

ii. Name of medical practitioner who made the diagnosis ..

iii. Date the employer was notified of the disease by the employee or medical

practitioners.....

iv. Describe the Cause of the occupational disease

.

.


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5. Monthly earning at the date of the Accident/disease:-

Cash wage (exclusive of overtime, house e.t.c. the payment) .. .. .. Sh. .

Value of Rations... .. .. .. .. . Sh .......

Value of Housing ... .. .. .. Sh..

Value of fuel .. .. .. .. Sh..

Overtime payment of other special remuneration for work done

whether by way of bonus otherwise if of constant character and for

work habitually performed .. .. .. Sh.

Total earning per month ... .. . Sh

Signature of Employer Date

Designation .

Note:- In the case of injury to a workman involving incapacity for work for three or more

consecutive days, it is requested that the employer complete Part 1 in triplicate and then dispatch

it immediately as under:

Original: -To the Occupational Health and Safety Officer.

Duplicate and Triplicate: - To the medical practitioner attending or examining the injured/sick

employee.

In the case of an occupational accident/disease causing the death of an employee, Part 1

should be completed in duplicate and then dispatched immediately as under:

Original and duplicate: -To the Occupational Health and Safety Officer in charge of the District

in which the accident occurred.

PART 11

MEDICAL REPORT

(for use by the medical practitioner the

Name of employee

Date admitted to hospital.Discharged

In-patient No.

Attendance as out-patient from..to

Out patient No.

Occupational disease Is there permanent incapacity?...............................................................*Yes/No..

If yes please give:

a) Details and nature of permanent incapacity.

b) Percentage of permanent incapacity to be indicated in both words and

figures...

..per cent.

Temporary incapacity :-( Likely duration of absence from work, from date of acquiring disease/or

diagnosis etc.).. weeks/ months*


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Is a further examination required before final assessment of permanent incapacity can be

given?............If yes ;

a) which ones......................................................................................................................................................

b) when?............................................................................................................................................

.

Name of medical Practitioner....

Signature ..Date ..

Name of Hospital/Clinic/Private Practice

Note:- It is requested that this part be completed by the medical practitioner in duplicate, the form

then being dispatched as under:

1. One copy to the employer.

2. One copy to the Occupational Health and Safety Officer in charge of the district in which

the accident occurred

_____________________________________________________________________________

____

PART 111

(For use by Occupational Health and Safety Officer )

Compensation *is / is not being claimed on behalf of the employee/dependants of the

deceased employee.District and Accident Register No.

Station Date..

Occupational Health and Safety Officer

GPK(L)


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ANNEX 2. PERMIT TO WORK FORM

PERMIT TO WORK FORM (for work processes of high risk only)

1. Type of permit: (Such as hot work, electrical, confined spaces etc.)..

2. Reference No.

3. Job Location: Information should be provided ona) Plant location b) Plant identification (reference identification number if available) c) Diagram and/or plans of location and/or equipment if necessary

(attach sheet)

4. Withdrawal of plant/equipment from service:Provide confirmation of when the named plant has been removed from service and how long thepermit is valid for.

Available from: Time.Date..

Available until: Time.Date..

Signature of issuer 5. Hazard Identification: (List the hazards associated with

the work activity and those introduced as a consequenceof the work being undertaken)....................

Authorised signature ofissuer..Time.Date..

6. Control Measures: (List all the

control measures, includingpersonal protective equipment,required for the hazards identified insection 5.)

........

Authorised signature ofissuer

Time.Date

7. Isolations and other permits associated with the work: (e.g. electrical isolations, associated with thepermit and testing of the confined spaces)Electrical: Reference No... Signature of issuerDate

Confined space: Reference No. Signature of issuerDate

8. Permit Issue ( Authorisation that the job has been 9. Permit acceptance: (Acceptance that


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inspected, all the precautions identified have beenimplemented and the people undertaking the work havebeen briefed)

Authorised signature ofissuerTime.Date..

10.Completion /Extension of work: State whether the workhas been:

Completed ..Not completed .A time extension is required to complete thework.

Authorised signature of acceptor...Time...Date.

the people undertaking the work thatthey have been shown the job andare satisfied that all precautionsindicated have been implemented)

Authorised signature ofacceptor..Time.Date11. Cancellation of job/return to service:(Confirmation that the work has beencompleted satisfactorily and theplant/equipment has beencommissioned.)Authorised signature ofissuerTime.Date..


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ANNEX 3. OCCUPATIONAL SAFETY AND HEALTH AUDIT TOOL

MINISTRY OF GENDER, CHILDREN AND SOCIAL DEVELOPMENT

PART (A): WORK PLACE INFORMATION

Name of Station...

Location of the workplace.Address:

Postal address

P.O Box.CodeTown/City...............

Telephone..Cell Phone...

Email.

Website.

Nature of Activity..

Workers Data

Total No. of

Employees

Female

Employees

Male

Employees

Persons

under 18

years

Persons on

attachment/in

ternship

Persons with

Physical disability

Officer in charge of safety and health at the station


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Date of previous safety and health audit

Date of the current audit

PART (B): PHYSICAL ENVIRONMENT

1. Records and data management

a) Filing system

..

b) Computer and accessories

..

c) Office stationery

..

d) Typewriters

..

e) Other Equipment

.

..

2. Basic housekeeping in Statutory Children Institutions, Vocational/Rehabilitation

Centers And Offices

a. Ventilation

..

b. Lighting


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..

c. Laundry

..d. Toilets

..e. Kitchen

..

f. Condition of furniture

..

g. Fire exits and fire fighting equipment

..h. First aid kit

..i. Personal Protective Equipment

..

j. Other Equipment


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MGCS&D - OS&H Policy April, 2009iv

.

..

3. Transport

a) Condition of motor vehicles/motor bikes/ bicycles

..

b) Accident trends

..c) Do officers fill in DOSH1 forms

..

4. Procurement of goodsa) Quality of goods procured

..

b) Procurement process

..

5. Storage and disposal

a) Are there any stores?

..

b) Condition of the stores


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MGCS&D - OS&H Policy April, 2009v

.

c) Safety and security measures in place

..

d) Cleaning

..

6. Other Comments

.

..

PART (C): SOCIO-PSYCHO ENVIRONMENT:

1. Customer care

a) Nature of clients/visitors

..

b) Reported cases/incidences affecting the officers

..

2. Social welfare

a) Is clean water and /or a cup of tea and /or other refreshments provided?

b) /bereavement/ailment


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MGCS&D - OS&H Policy April, 2009vi

c) Recreational facilities available

..

d) Is DOSH 1 form submitted to report staff occupational ailments?

..3. Handling confidential information

a) To be discussed with the head of the station

4. Interactions with the Community e.g. social enquiry, inspections, cash transfers, grants,

court sessions, group registration, community mobilization etc

a) Are there security measures in place?

..

b) Do you use permit to work form?

..

c) Do you have staff/volunteer identity cards?

..

d) Do you convey and handle cash? What are the security measures in place?

5. Summary of findings


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MGCS&D - OS&H Policy April, 2009vii

..

..

6. Recommendations

..

..

..

Name of OS&H Audit Team Leader ................

Signature..

Designation.....................Date.....


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ANNEX 4. FORMAT FOR REPORTING SPECIFIC HAZARDS AT

WORK PLACE

MINISTRY OF GENDER CHILDREN AND SOCIAL DEVELOPMENT

OCCUPATIONAL SAFETY & HEALTH COMMITTEE

FORMAT FOR REPORTING SPECIFIC HAZARDS AT WORK PLACE

TO________________________________________

THRO_____________________________________

DEPARTMENT/UNIT _________________________

WORK PLACE_______________________________

PHYSICAL ADDRESS _________________________

P.O. BOX ____________________________________

TEL NO/ CELL NO. _____________________________________

HAZARD/INJURY/RISK LIKELY CAUSE ACTION

TAKEN/RECOMMENDED

NAME & DESIGNATION OF REPORTER/PERSON AFFECTED__________

____________________________________________________________________

DATE _____________________________

SIGNATURE ____________________

NAME & DESIGNATION OF SUPERVISOR ________________________________

DATE __________________________________

SIGNATURE ___________________________


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Occupational Safety and Health Policy