Kenyan employers to be bound by International law on workplace biological hazards
Adopted during the recently concluded 113th International Labour Conference (ILC) in Geneva, Switzerland, the Convention represents a major step in addressing the growing number of workplace-related injuries and illnesses, particularly within the informal sector.
Kenyan employers will soon be required under international law to integrate measures for the prevention and protection against biological hazards in the workplace.
This follows Kenya’s ratification of a new International Labour Organisation (ILO) Convention, as a signatory to the global labour body.
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Adopted during the recently concluded 113th International Labour Conference (ILC) in Geneva, Switzerland, the Convention represents a major step in addressing the growing number of workplace-related injuries and illnesses, particularly within the informal sector.
Officially referred to as Convention C192, it is the first global labour standard focused specifically on preventing exposure to biological hazards and safeguarding workers’ health across all sectors.
The ILO defines biological hazards as any harmful microorganisms, cells, toxins or irritants, whether naturally occurring or genetically modified, that workers may encounter in the course of their duties and which pose a risk to human health.
“Harm to human health caused by exposure to biological hazards in the working environment includes diseases and injuries,” the ILO states.
National action and employer obligations
The Convention calls for the development of national policies and implementation of measures on occupational safety and health (OSH), with a specific focus on biological hazards. This includes the establishment of preparedness and emergency response plans.
Crucially, the Convention mandates that employers adopt preventive and protective strategies in cooperation with workers, who must be adequately informed and trained on the risks they face.
It also emphasises that workers and their representatives must have easy and confidential access to effective reporting mechanisms to flag violations of laws or regulations related to biological hazard exposure. Those who report such breaches must also be protected from retaliation.
Further provisions include requirements for: Information sharing and coordination among national stakeholders and international organisations, collaboration across borders on research, public health, and occupational safety and promotion of scientific research where data is lacking.
In line with the Convention, ILO member states must incorporate these provisions into their national OSH frameworks, based on comprehensive risk assessments conducted by competent authorities. Countries are also expected to review and update policies regularly.
What this means for Kenya
For Kenya, which is currently undertaking significant labour reforms, ratifying this new standard could reshape workplace safety norms, especially in the informal sector, where enforcement of safety laws is often limited.
Kenya already has a solid legal foundation for protecting workers’ safety, rooted in both the Constitution and various statutes:
Article 41 of the Constitution guarantees the right to fair labour practices, including safe working conditions.
The Occupational Safety and Health Act (OSHA), 2007, is the primary law governing workplace health and safety.
The Work Injury Benefits Act (WIBA), 2007, offers compensation for work-related injuries and diseases.
The Employment Act, 2007, obligates employers to ensure a safe working environment.
Sector-specific regulations, such as the Factories and Other Places of Work (Hazardous Substances) Rules, 2007 and Medical Examination Rules, 2005, further reinforce safety in high-risk sectors.
Ratifying ILO Convention C192 would complement and enhance these existing laws by introducing globally recognised standards, more structured risk assessments, and improved emergency preparedness. This, in turn, could improve health outcomes and reduce workplace absenteeism due to illness.
Scope of work-related injuries
Data from the Ministry of Labour indicates that 390 Kenyans died at work in 2023, from a total of 7,731 reported occupational accidents.
From 1 July 2023, a further 4,357 workplace injuries were recorded, of which 118 were fatal, accounting for three per cent of the total.
In 2022, the Ministry also reported that approximately 4,500 people suffer from occupational injuries or diseases annually in Kenya, with around 150 fatalities resulting from workplace accidents.
According to the ILO, globally, over 2.3 million people die each year from work-related injuries or diseases, including 350,000 deaths due to fatal workplace accidents.
Beyond biological hazards, the Geneva conference also adopted a Resolution on reducing informality, a particularly relevant issue in Kenya, where over 80 per cent of the workforce operates in the informal sector.
The resolution calls on governments to urgently transition informal work into formal employment by improving working conditions, expanding social protection, and promoting job creation through national strategies.
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