In a bid to salvage the Kenyan economy from the current effects of the global COVID-19 pandemic, the Directorate of Occupational Safety and Health Services issued the Occupational Safety and Health Post COVID-19 Return to Work Advisory (the “Advisory”) on 29^th June, 2020. The Advisory is intended to ensure the safety and suitability of all working spaces to mitigate the spread of the virus.

The Advisory prescribes the following measures:-

1. An occupational safety and health risk assessment outlining all activities that predispose employees to contracting the virus and installed protective and preventive measures;
2. Development and relay to employees of a COVID-19 Preparedness Policy Statement providing for prevention & mitigation measures, arrangement for dealing with suspected/confirmed cases of COVID-19 and clear guidelines and specific requirements for absenteeism by employees seeking medical services and self-quarantining. It will also provide for client handling.
3. Adoption of new safety and health practices to prevent and minimize risk of virus transmission at the work place including social distancing, use of facemasks, sanitizing, regular disinfection of common areas and surfaces and maintenance of workplaces in a clean and healthy state. Non-adherence to these measures will warrant denial of access to the workplace;
4. Mandatory medical examinations by a registered medical practitioner and subsequent issuance of a Certificate of Fitness to all workers of physical work returning to work.
5. A working-from-home policy for all identified non-essential work and prescribed specific protocols for safe working from home by the employers;
6. Employee education on safe transit from home to work where using private and public means and where possible, employer to provide safe commute;
7. Zero discrimination, dismissal or disadvantage on all suspected and confirmed COVID-19 employees by employers. Any victim should report to the Directorate. However, such employee should report to an identified Ministry of Health institution for care and quarantine as maybe appropriate;
8. Mental health and well-being support for employees by employers to alleviate the impacts of this pandemic on them, including linkage to a mental support program; and
9. Acquisition and maintenance by employers of work injury insurance which will cover all occupational diseases and confirmed occupational exposures to COVID-19;

This Advisory marks an acceptance of a new normal in the work places whose intended result will be seen after a while. Its promise will only be realized should every person play their role well and cautiously.

The Advisory can be found here.

Please contact us at info@cfllegal.com should you require further information.