Safety and Health Employee Handbook

DOCUMENT NO: KK-WV-15.00

I.     Introduction

In compliance with the requirement of providing a safe workplace, Kakuzi PLC has effectively discharged her statutory duties by preparing and putting in place a Safety and Health Program. A Safety and Health Policy and associated employee handbook, outline Kakuzi’s Safety and Health arrangements and organizational structure in place to ensure a safe workplace. The handbook also ensures that employees understand the compensation process and requirements as provided by Kenyan law.

II.   Relevant Legislation

A. Occupational Safety and Health Act, 2007

This hand book is both consistent and in line with the Occupational Safety and Health Act, 2007. An act of Parliament that provides for the safety, health and welfare of workers and all persons lawfully present at workplaces against risks to safety and health arising out of, or in connection with, the activities of persons at work.

The following are the salient points relating to the above Act

1. Employer responsibilities

• To ensure the safety, health and welfare at work of all persons working in his workplace;
• To provide and maintain systems and procedures of work that are safe and without risks to health;
• To ensure safety and absence of risks to health in connection with the use, handling, storage and transportation of articles and substances;
• To inform all persons employed of any risks and imminent danger from new technologies;
• To provide information, instructions, training and supervision as is necessary to ensure the safety and health at work of every person employed;
• To maintain the workplace in a condition that is safe and without risks to health and the provision and maintenance of means of access to and egress from it that are safe and without such risks to health.
• To carry out appropriate risk assessments
• To stop any operation or activity where there is an imminent and serious danger to safety and health and to evacuate all persons employed as appropriate.
• To maintain a work injury benefits insurance policy (WIBA).
• To ensure registration with the Director of Occupational Safety and Health Services and to provide him/her with prescribed particulars of the business or additional particulars as the Director may require.
• To keep extensive records of earnings and all other particulars of the employee.

2. Obligations of employees

• To ensure his/her own safety and health and that of other
• persons who may be affected by his acts or omissions at the workplace;
• To co-operate with his employer or any other person in the discharge of any duty or requirement imposed on the employer or that other person by this Act or any regulation made hereunder;
• To at all times properly wear or use any protective equipment or clothing provided by the employer for the purpose of preventing risks to his safety and health;
• To   comply   with   the   safety   and   health   procedures, requirements and instructions given by a person having authority over him for his own or any other person’s safety
• To report to the supervisor, any situation which he has reason to believe would present a hazard and which he cannot correct;
• To report to his supervisor any accident or injury that arises in the course of or in connection with his work; and
• With regard to any duty or requirement imposed on his employer or any other person by or under any other relevant statutory provision, to co-operate with the employer or other persons to enable that duty or requirement to be performed

III.   Employee Information

Information regarding safety and health requirement is provided in a number of ways: -

• Employees are provided with a copy of the ‘Employee handbook’.
• The DOSHS “Safety and Health Abstract” –is displayed in prominent positions in all our workplaces. This abstract is complete with Occupational Safety and Health Requirements at the workplace.
• Employees have access to our Safety and Health Management Plan that contains all relevant information with regard to recording and monitoring procedures.
• Training Sessions
• Health and safety policy

IV.   Reporting and Investigating Accidents

• Every employee to report to the immediate supervisor / line manager any situation however minor which the employee has reasonable grounds to believe presents an imminent or serious danger to the safety or health of that employee or of other employees in the same premises.
• All injuries however minor, to be reported to the first aider and line manager for treatment / referral and recording in the injuries book.
• Every employee to use correctly and not wilfully interfere with, or recklessly misuse any tools, appliances, conveniences, or other facilities provided in pursuance of safety, health and welfare at work.
• Every employee to ensure that he/she does not wilfully endanger his/her life or that of any other person, or the environment by his or her irresponsible action.
• An employee who has left a work place, which the employee has reasonable justification to believe present, eminent and serious danger to life and health; shall not be dismissed, discriminated against or disadvantaged for such an action by the employer.
• An employer shall notify an occupational safety and health officer of any accident, dangerous occurrence or occupational poisoning which has occurred at the work place.
• Fatal accidents must be investigated by the employer and reported to the Directorate of Occupational Safety and Health (DOSHS) verbally or in writing within 24 hrs of occurrence while other injuries, accidents, dangerous occurrences or occupational poisoning must be reported within 7 days.

V.   Fire Safety

Fire prevention is an important obligation for all businesses. Kakuzi has a responsibility for ensuring the health, safety and welfare of all employees and others who may have access to the workplace. These general duties include safety in relation to fire hazards, both from the work processes and activities, as well as general fire safety in the workplace.

In order to achieve this, appropriate fire prevention, protection, precautionary and evacuation measures have been taken in compliance with the relevant fire legislation and recognised good practice standards.

Associated hazards

• Flames and heat.
• Smoke and toxic fumes.
• Reduced oxygen.
• Collapse of buildings.

Employer’s responsibility

• Provide and maintain appropriate firefighting appliances
• Provide training on correct use of firefighting appliances and actions to take in the event of fire
• Maintain a team of fire marshals and provide appropriate training for them
• Provide adequate means of escape which are marked distinctively, in case of fire, for the persons employed therein, having regard to the circumstances of each case. Ensure means of escape are properly maintained and kept free from obstruction.
• Ensure fire drills are conducted at least once in every period of twelve months
• Design emergency response and evacuation procedures to be used during any emergency and have the procedures tested at regular intervals.
• Provide measures to deal with emergencies and accidents including adequate first aid arrangements
• Ensure that fire exit doors for the persons employed therein are constructed to open outwards.

Employees are required to: -

• Practice and promote fire prevention.
• Raise the alarm on discovery of a fire.
• Report any concerns regarding fire safety to management, so that any shortfalls can be investigated and remedial action taken.
• Receive basic training in the action to take in the event of fire.
• Follow instructions and training in relation to fire safety in the workplace.
• Co-operate with management arrangements for fire prevention in the workplace.
• Accept individual responsibility to take reasonable care for fire safety of themselves and for any other person who may be affected by their acts or omissions.

Kakuzi does not expect employees to fight fires, however, extinguishing action can be undertaken if it is safe to do so and you have been trained.

VI.    First Aid

People at work can sustain an injury or become ill and it is important that they receive immediate attention and that an ambulance is called in serious situations. The provision of adequate first aid cover is essential; it can save lives and prevent minor injuries becoming major ones.

Associated hazards

• Bodily injuries: blows, impact, crushing, stabs, cuts, grazes, scalds, falls.
• Nature of Illnesses: asthma, diabetes, epilepsy etc.

First-Aiders are responsible for:

• Undertaking an appropriate training course and, if required, attending refresher courses annually.
• Ensuring that their First Aid at Work or Emergency First Aid at Work Certificate is kept up to date.
• Assessing the immediate situation where first aid is to be applied, acting without placing themselves or others in danger and making the area safe or evacuating the victim.
• Administering first aid as required and within their capabilities, managing the situation while waiting for medical assistance to arrive.
• Calling for the appropriate medical assistance and immediately informing the line manager of any accidents brought to his/ her attention.
• Keeping first aid signs up to date and legible.
• Ensuring first aid kits are checked regularly and contents are in date.
• Notifying the line manager if there are any entries in the accident book.

Employee’s responsibilities

• To reduce the risks of suffering personal injury or delay in getting treatment, employees must: -
• Co-operate with management arrangements for first aid in the workplace.
• Know the procedure for summoning help.
• Follow guidance or instruction given, to prevent injury or ill health.
• Report any hazardous or dangerous situations to the employer.

VII.   Information, Instruction and Training

Preventing accidents and ill health caused by work is a key priority for Kakuzi PLC.

Safety and Health   information, instruction and training help the company to ensure our employees are not injured or made ill by the work they do; promotes a positive safety culture, where safe and healthy working becomes second nature to everyone; and enables the company to meet its legal duty to protect the safety and health of our employees.

Employer’s responsibility

• Instruct employees on procedures to report injuries, illnesses, incidents, and concerns
• Provide appropriate training to the workers on new equipment, technology, change in the technique of production/operation, change in equipment or materials and transfer or change of job
• Provide refresher trainings to enhance the knowledge of the employees
• Provide information by using colour codes, posters, labels or signs to warn employees of potential hazards.
• Establish and update safe operating procedures/safe system of work and appropriately communicate with the workers
• Provide training on fire safety, actions to take in an event of fire and correct use of the firefighting equipment.
• Provide instructions to the contractors, those legally at the workplace on safety and health risks including emergency procedures and action to be taken in case of an emergency.

Employee’s responsibilities

• Cooperate with the company in relation to all training aspects.
• Attend any training courses that are identified as necessary.
• Follow training, guidance and instruction to prevent injury or ill health.
• Use appropriately, protective and safety equipment provided.
• Report to line manager any hazardous or dangerous situations.
• Co-operate with management arrangements for safety and health.

VIII.   Personal Protective Equipment

Personal Protective Equipment (PPE) is to be supplied and used at work wherever there are risks to safety and health that cannot be adequately controlled in other ways. PPE will only be used as a last resort when preventative or other control measures cannot be applied.

Associated hazards

• Bodily injuries: - blows, impact, crushing, stabs, cuts, grazes, scalds, falling objects, falls from height.
• Health hazards: - dust, fumes, vapours, gases, bacteria, viruses, fungi.Noise.
• Vibration.
• Slipping/falling over.
• Electrical hazards.
• Non-ionising radiation.

Employer’s responsibility

• Provide appropriate personal protective equipment
• Train workers on proper use, maintenance and cleaning of personal protective equipment.
• Supervise to ensure that the issued personal protective equipment is working as required and the workers are utilizing them.
• Provide adequate storage for PPE
• Ensure regular replacement of PPE especially those with expiry dates and when they are worn out
• Train workers on proper disposal of disposable PPE.

Employee’s responsibilities

• Make full and proper use of all PPE that has been issued to them.
• Inspect all PPE before use to ensure that it is suitable, clean and undamaged.
• Report any defective PPE to the employer.
• Not undertake any work unless the correct personal protective equipment is being worn.
• Store PPE securely at all times.

IX. Compensation for Workplace Injury

Compensation for Work related injuries and occupational diseases is governed by the Work Injuries Benefits Act, 2007.

Rights to Employee compensation

1. An employee who is involved in an accident resulting in the employee’s disablement or death should be compensated.
2. An employer is liable to pay compensation in accordance with the provisions of the Act to an employee injured while at work.
3. An occupational accident or disease resulting in serious disablement or death of an employee is deemed to have arisen out of and in the course of employment; if the accident was due to an act done by the employee for the purpose of the business of the employer despite the fact that the employee was, at the time of the accident acting:—

• In contravention of any law or any instructions by or on behalf of his employer; or
• Without any instructions from his employer.

4. Exception- An employee is not entitled to compensation if an accident, not resulting in serious disablement or death, is caused by the deliberate and wilful misconduct of the employee.

5. Conveyance of an employee to or from the employee’s place of employment for the purpose of the employee’s employment by means of a vehicle provided by the employer, for the purpose of conveying employees, is deemed to be in the course of the employee’s employment.

WIBA Compensation Procedure

1.    Filling of ML/DOSH/Form I – Done by the Employer

• Including Internal Investigation report and
• Eye witness statement

(Injuries of less than 3days to be reported within 7days)

(Injuries 3 days and fatal – reported within 24hrs, and occupational disease Safety and Health committee must be convened – the DOSH form must be filled in triplicate)

2.   Part II – filled by the medical officer (Who determines the degree / % of incapacitation)

3.   Part III – Filled by the Occupational Safety and Health Officer (Only in cases of fatality or 3 days and above cases)

4.   Documents are forwarded to the insurer who act on our behalf.

• Injuries of less than 3days the CO generates costs related to the injured (Invoice if treated at our clinics) and the company is compensated based on that
• 3 days and above the DOSH officer generates DOSH/WIBA 3 and 4 based on the income and percentage awarded by an approved medical practitioner
• Fatal case – the next of kin identified through the county commissioner completes certificate of dependency form (DOSH / WIBA  6) before final payment is made to the nominee/s

5.   The compensation is of 3tire: -

• Medical costs / expenses
• Temporarily Disability (TTD) the total number of days of incapacity
• Permanent disability (PTD) the % awarded to the employee (Paid directly to the employee or dependant) through the DOSH office (Generate DOSH/WIBA 5A and DOSH /WIBA 7)

6.   Our insurer works out the total costs for each claim and forward a discharge voucher, of which after signing, the amounts are credited directly to the company.

7.   Second opinion – normally if the insurers believe the award is beyond the laid down scale, they refer the claimant to their doctor for a second opinion. They are at liberty to use either of the reports to offer compensation.

8.   In case of any dispute of any award of compensation, the matter is referred to the occupational health and safety officer for final determination by the board.

Kakuzi Safety and Health Employee Handbook

Revision Date: November 2021 || Approved by EHA || Revision No. 11/2021