Senate Moves to Fast-Track Workplace Safety Reforms Amid Enforcement Concerns

A Senate committee meeting initially convened to review workplace safety compliance has evolved into a renewed push to fast-track long-delayed labour reforms, as lawmakers seek to address gaps in enforcement and worker protection.

The session, held by the Senate Committee on Labour and Social Welfare and chaired by acting chair Beth Syengo, shifted focus from oversight of existing laws to the urgent need for legislative updates. Senators signalled plans to directly sponsor pending bills on occupational safety and worker compensation that have remained stalled within the Executive for years.

Officials from the Directorate of Occupational Safety and Health Services (DOSHS), led by Musa Nyandusi, told the committee that proposed amendments to the Occupational Safety and Health (OSH) Act, along with the Work Injury Compensation Bill, 2024, are ready for introduction. The proposals aim to align Kenya’s labour framework with international standards and respond to emerging workplace risks, particularly in informal and evolving sectors.

Central to the reforms is the establishment of an Occupational Safety and Health Authority to strengthen enforcement, as well as a Workers’ Compensation Fund to streamline claims related to workplace injuries, disabilities, and fatalities. Officials argued that these institutions would help close long-standing capacity and funding gaps that have weakened enforcement.

However, despite extensive stakeholder consultations, the bills have faced delays due to procedural requirements such as Cabinet approval, competing policy priorities, and ongoing efforts to restructure state corporations.

Nyandusi expressed frustration over the prolonged delays, noting that neighbouring Tanzania has already implemented similar frameworks based on Kenya’s earlier proposals. He pointed out that such systems are now contributing to national development projects, underscoring what he described as a missed opportunity for Kenya.

Senators echoed these concerns. Stewart Madzayo warned that continued inaction risks leaving Kenya behind regional peers, while also exposing workers to injury without adequate compensation.

In response, the committee resolved to identify a senator to sponsor the bills, with support from the National Assembly to address financial provisions.

The meeting also scrutinized enforcement under the current OSH Act. Joe Nyutu criticized DOSHS for submitting an incomplete compliance report, saying it lacked detailed data on inspections, violations, and enforcement measures.

DOSHS reported that 21,759 workplaces had been inspected during the current financial year, with 63 issued prohibition notices due to serious safety risks such as hazardous construction practices, electrical dangers, and exposure to toxic substances.

Senators raised additional concerns about broader impacts of unsafe workplaces. Lenku Seki highlighted cases where industrial pollution has harmed surrounding communities and livestock, calling for a more integrated regulatory approach.

Officials acknowledged the need for closer coordination between occupational safety bodies and environmental agencies but emphasized that their primary mandate remains worker safety within workplaces.

Meanwhile, Julius Murgor questioned the limited oversight of public institutions, noting that only 11 out of 1,781 registered public workplaces had been inspected. Nyandusi admitted that public sector inspections have historically lagged due to resource constraints but said a new unit has been established to address the gap.

The committee concluded by directing DOSHS to submit a comprehensive report within one week, detailing inspected workplaces, identified hazards, and enforcement actions—marking a step toward greater accountability as lawmakers push for long-overdue reforms.