| dc.description.abstract | The objective of the study was to determine the extent of implementation of the occupational safety and health regulations at workplaces. The study also determined the measures instituted by organizations to comply with the said regulations at workplaces. To meet this objective, the study collected primary data using questionnaires. A sample of 112 was picked out of 2,169 registered workplaces in Nairobi. Data was analyzed using descriptive, factor and regression analysis. The elements used to determine the extent of compliance with occupational safety and health regulations at workplaces were categorized into five factors (independent variables) namely: safety, hygiene, and emergency fire protection and health regulations. All the independent variables were linearly related with the dependent variable using a model of five predictor variables to rate compliance with occupational safety and health regulations at workplaces. The study found out that 90% of the respondents were generally aware of the existence of the Occupational Safety and Health (OSH) Act, 2007. Over 80% of the respondents were of the view that administration and enforcement of the OSH Act, 2007 was adequate and also provided for the safety and health of employees at the workplace. However, inspection and examination of workplaces by occupational safety and health officers was at 52.2%, which is low and could perhaps be one of the factors responsible for lack of full compliance with the OSH Act, 2007. Overall, the extent of compliance with the Act at workplace stood at 64.49%. Organizations still have an abysmal 35.5% level of non-compliance that should be addressed to minimize the dire consequences of non-compliance. Introduction Background Occupational safety and health is a multi-disciplinary area that is concerned with the safety, health and welfare of people at the workplace. From the perspective of secondary effect, it could also protect co-workers, family members, employers, customers, supporters, nearby communities and other members of public affected by workplace environment. Armstrong (2006) contends that achievement of the highest standard of safety and health at workplaces is critical to eliminate or at least minimize safety and health hazards and risks. This requirement is a moral, economic and legal responsibility of employers. From a moral perspective, managers undertake accident prevention measures on purely humanitarian grounds to reduce incidents of pain and suffering among workers and their families. Secondly, they take prevention measures for legal reasons owing to the existence of laws covering occupational safety and health. Finally, there are economic reasons for being safety conscious since the expense of accidents to the organization is usually exorbitant. Occupational Safety and Health (OSH) has become a global concern for employers, workers and national governments. Despite global efforts to address OSH concerns, it is estimated that 2 million work related fatalities still occur every year (ILO, 2009). In addition, there are more than 330 million occupational accidents and 160 million work related diseases that affect workers every year (Marksnen, 2004). The ILO estimates that more than $1.25 trillion, which is equivalent to 4% of the world’s Gross Domestic Product (GDP), is lost each year due to occupational accidents and diseases. In Kenya, prior to the enactment of the OSH Act, (2007), matters of OSH were covered under the Factories and Other Places of Work, Act (1972), Chapter 514 of the laws of Kenya. This chapter has since June 2008 been replaced by the OSH Act (2007). The OSH Act is an Act of Parliament that provides for the safety, health and welfare of workers and all persons lawfully present at workplaces. The mandate to enforce compliance with the provisions of OSH Act at workplaces is vested upon the Director of Occupational Safety and Health Services.The City Council of Nairobi is also conferred powers by the local Government Act, Cap. 265, to make by-laws. The by-laws are for purposes of ensuring that residents of the City of Nairobi are safe and provided with fast aid in the event of a fire. Under these by-laws, a Fire Brigade was established with primary duties and responsibilities of prevention of fire and fire fighting. The Chief Fire Officer of the Fire Brigade has powers to inspect premises to determine compliance with prevention of fire requirements and to make such orders as he may deem fit (The City of Nairobi, By-laws, 2007). Today in the world market, consumer buyer organizations like the Trade Fair, Ethical Trading Partnership and Rain Forest Alliance among others, have listed occupational safety and health as one of the labor standard requirements that must be complied with by producer/seller organizations in order for their products to be accepted. ISO-9000 certification, whose quality standard requirement lay a lot of emphasis on compliance with occupational safety and health regulations has become a prerequisite for acceptance of products in most markets. In views of the above, the need for organizations to ensure compliance with OSH at their workplaces as a basic human right and a strategic human relations management issue cannot be over-emphasized. Registration of Workplaces in Nairobi The OSH Act (2007) section 2 defines workplace as including any land, premises, location, vessel or thing, at, in, upon, or near which, a worker is, in the course of employment. Section 44(1) of the OSH Act, (2007) provides that before any person occupies or uses any premises as a workplace, he/she shall apply for registration of the premises by sending a written notice containing the particulars outlined in the Fourth Schedule, to the Director of Occupational Safety and Health Services. Upon receipt of the notice referred in subsection (1) of the Act, the Director shall take such steps as may be necessary to satisfy himself that the premises is suitable for use as workplace of the nature stated in the notice, and upon being so satisfied shall cause the premises to be registered and shall issue to the applicant upon payment of prescribed fee, a certificate of registration in the form set out in the Fifth Schedule. Any person who, without having been issued with a certificate of registration under subsection (2), occupies or uses any premises as a workplace commits an offence and shall, upon conviction be liable to a fine not exceeding Kenya shillings 100,000 or to imprisonment for a term not exceeding three months or to both. The study focused on the registered workplaces in Nairobi.
Statement of the problem
Occupational Safety and Health issues have not only become a global concern for employers, workers and national governments, but are also of major concern to managers of organizations. Managers are accountable for any shortcomings at the workplace and therefore recognize that it is in their economic interest to create safe working practices (Bell, 1981) and comply with occupational safety and health regulations. It is estimated that the worker spends about one third of his/her time at the workplace (Sakari, 1991). During this time, he/she is exposed to various hazards including accidents, noise, dust, vibrations, heat and harsh chemicals among others (Kenei, 1995). The Occupational Safety and Health Act (2007) has various provisions for the safety, health and welfare of workers and all persons lawfully present at workplaces in Kenya. The Act has provision for creation of the Directorate of Occupational Health and Safety Services (DOHSS) with the principal objective of promotion and enforcement of occupational safety and health regulations at workplaces. Despite the fact that the Government of Kenya has put in place legislations to safeguard the safety and health of workers, the number of accidents at workplaces has continued to increase (Mutemi, 2005). According to the Directorate of Occupational Health and Safety Services (DOHSS) Annual Report (2008), the cumulative number of accidents reported for years 2001- 2007 for Nairobi province alone was 1,035. These accidents accounted for 12,941 man days lost. This high number of accidents and the attendant losses can be attributed to failure by management at workplaces to comply with the legal and regulatory framework regarding occupational safety and health.
Literature from various parts of the world has identified numerous causes of accidents at different sectors of the economy but not much has been documented, particularly in Kenya, to comply with the laid down occupational safety and health regulations at workplaces across the board. This study therefore seeks to establish how managers in organizations across the various sectors are dealing with issues of occupational safety and health at workplaces. The purpose of the study is therefore to investigate the measures that organizations have put in place at workplaces to comply with the occupational safety and health regulations | en |
