Kenya, like other countries globally, is now prioritising the revival of its economy, which has taken a massive hit due to the COVID-19 pandemic. To guide the safe re-opening of workspaces, the Directorate of Occupational Safety and Health Services (the Directorate) published the Occupational Safety and Health Post-COVID-19 Return to Work Advisory (the Advisory) on 29 June 2020.

The Advisory provides the basic requirements to all workplaces in Kenya to keep workers returning to work on the re-opening date and thereafter safe and healthy, and for both the employer and employee to work to prevent the spread of COVID-19 in workplaces.

We highlight the measures under the Advisory below, which require employers to:

• prepare and submit Occupational Safety and Health Risk Assessments to the Directorate within 30 days from the re-opening date;
• have and submit a COVID-19 Policies and Workplace Readiness statement to the Directorate within 30 days from the re-opening date;
• assess Non-Essential Work and Working from Home capabilities and document the same, and issue specific protocols involving safe working from home to mitigate the spread of COVID-19;
• sensitise their workers on safe passage and commuting to work, with the aim of minimising the spread of COVID-19;
• implement a Workplace Safety and Health culture that focuses on prevention and mitigation of COVID-19;
• obtain or expand the Work Injury Insurance to include exposure to COVID-19;
• ensure employees obtain medical examinations to get clearance on COVID-19 and Certificates of Fitness (where applicable) for the safe resumption of work. Where an employee tests positive, the medical practitioner shall furnish the medical report to the Directorate within 14 days;
• come up with ways to support mental health and mental wellbeing of employees;
• require employees suspected and confirmed to have COVID-19 to report to the identified Ministry of Health institutions for care, quarantine or self-quarantine as may be appropriate;
• not to dismiss, discriminate against or disadvantage an employee suspected and confirmed to have COVID-19;
• register workplaces prior to re-opening;
• conduct Safety and Health Audits within 30 days from the date of re-opening which should be submitted to the Directorate;
• ensure the safety of workers with pre-existing medical conditions in the workplace; and
• continuously monitor and evaluate the impact of COVID-19 on Workplace Safety and Health conditions and regularly update the Directorate on specific interventions that require the attention of the regulatory authority on occupational safety and health matters.

Conclusion

We hope the above is useful in providing clarity on how to prepare for returning to work in the "new normal".

Should you have any questions or need assistance, our employment and health and safety lawyers will be happy to clarify the above requirements further, and to advise you on key considerations to keep in mind when returning to work.