In 2007, the Factories and Other Places of Work Act was repealed and replaced by the Occupational Safety and Health Act (2007), commonly known as OSHA 2007. Under OSHA 2007, we now have The Occupational Safety and Health (First Aid in the Workplace) Regulations, 2024. 

The Occupational Safety and Health Act promotes safety in the workplace, preventing work-related injuries. It protects third-party individuals from being predisposed to a higher risk of injury and sickness associated with activities in the workplace. 

Inspection and enforcement systems exist with a bearing on occupational safety, health, and labour inspections. Inspections related to the work environment, such as safety, general health and the basic welfare of workers, are executed by the Directorate of Occupational Health and Safety Services (DOSHS). 

Recently, DOSHS issued a directive to the State Department for TVET institutions, requiring them to take immediate and proactive steps to comply with the OSHA provisions. All institutions have been directed to take the following actions in line with the OSHA requirements:

1. Register workplaces: sign up on the DOSHS website (http://doshmis.go.ke).
2. Risk assessments: identify and address workplace hazards.
3. Health and Safety teams: establish and train Health and Safety committees, firefighting and First Aid teams. 

Failure to comply with the provisions amounts to an offence. Inspections are expected to begin, and non-compliance will result in enforcement actions under the OSHA Act.

The Occupational Safety and Health (First Aid in the Workplace) Regulations, 2024

Duties of the Employer

The employer should ensure that a First Aid audit is carried out annually by a competent professional. They also ought to provide all their workers with information on First Aid procedures, the location of First Aid kits and information on every person trained in First Aid. 

They should provide and maintain appliances and services for rendering First Aid to their employees in case of any accidents and emergencies. They ought to ensure effective emergency procedures are in place to manage and facilitate the transfer of a casualty to an appropriate health facility. 

They should appoint in writing and train an adequate number of persons who shall administer First Aid and oversee the First Aid box or cupboard in approved institutions. Their names and telephone numbers ought to be always displayed conspicuously in the workplace. The individuals administering First Aid services must be vaccinated against highly infectious diseases, including Hepatitis B.

Duties of First Aiders

First aiders must ensure prompt response and provide appropriate first aid management and transfer of a casualty when necessary. 

They must notify the employer and any emergency service provider of any medical emergency. They are to provide psychological care and support during an emergency and may accompany the casualty to the health care facility.

They should ensure infection prevention and control measures are taken to protect themselves, the casualties and other people present in the workplace. 

They will keep records of all injuries, sudden illnesses and medical emergencies, including First Aid treatment given at the workplace. 

The first aiders will need to ensure proper medical waste disposal in addition to ensuring that the contents of the First Aid box or cupboard (which must be clearly marked on the outside with the words “FIRST AID”) are maintained.

Training of First Aiders

A person shall not be allowed to administer First Aid or to be in charge of a First Aid box or cupboard unless they have received adequate training and hold a valid certificate of competence issued by an approved training institution. The certificate of competence shall be renewed annually.

Required Number of First Aiders

For every workplace with fewer than 10 workers, at least one person shall be appointed to administer First Aid. However, for every workplace with at least one and not more than 20 workers, at least two persons shall be appointed. 

For every workplace with at least 21 and not more than 50 workers, at least three persons shall be appointed.  For every workplace with at least 51 and not more than 100 workers, at least five persons shall be appointed.

For every workplace where there are more than 100 workers, at least five persons shall be appointed to administer First Aid – two additional individuals shall be appointed to administer First Aid for each extra 100 workers. They shall be expected to be available in the workplace at all times during working hours.

Minimum Contents of the First Aid Box

An employer is expected to provide and maintain a readily accessible and well-stocked First Aid box or cupboard containing the minimum number of items, which shall be based on their risk assessment of the workplace. However, medicine shall not be included in the First Aid box or cupboard. On account of this, each item kept in the First Aid box or cupboard shall conform to the standards and specifications provided under the Standards Act.

First Aid Room 

Each workplace with more than 500 workers shall have a First Aid room, which shall be managed by a registered nurse, clinical officer or medical practitioner.

The First Aid room shall be accessible during all working hours and be easily accessible to stretchers or any other equipment used or needed for transporting patients into and out of the room.

Each First Aid room shall contain a sink with running water and soap; wholesome drinking water; a telephone; electrical power points; a table and chair; an examination couch; a record book; a blood pressure machine; a stethoscope; a thermometer; and any other First Aid materials as set out in these Regulations.

Approval and Duties of First Aid Auditors 

A competent person seeking to serve as a first aider must meet the requirements necessary for a First Aid audit. They must be issued with a Certificate of First Aid Audit which is renewable annually.

An approved First Aid auditor shall carry out the audit of a workplace upon the request of an employer. They shall then advise on the safety and First Aid matters arising out of a First Aid Audit report. They also must prepare and submit an audit report of a workplace to the employer and the director within 14 days of the date of the audit.

General Penalty 

A person who commits an offence for which no penalty is provided shall be liable, upon conviction, to a penalty provided under Section 109 of the OSHA Act (2007). 

MINIMUM NUMBER OF ITEMS EXPECTED IN THE FIRST AID BOX