Reporting of Occupational Accidents in Kenya
An employer or self-employed person shall notify the area occupational safety and health officer of any accident.
Even with safety measures in place at times accidents will occur. Hazard reporting should never be about discipline but rather correction and prevention. Employees should not be punished for reporting a hazard and avoid assigning blame. Every work place has its own set up on reporting of accidents when they occur but overall, authorities have set up channels for employers to report accidents that happen at their work place.
According to OSHA 2007 below are the steps to be taken in reporting of Occupational Accidents:
- An employer or self-employed person shall notify the area occupational safety and health officer of any accident, dangerous occurrence, or occupational poisoning which has occurred at the workplace.
Where an accident in a workplace, causes the death of a person therein, the employer or self-employed person shall
- Inform the area occupational safety and health officer within twenty-four hours of the occurrence of the accident;
- Send a written notice of the accident in the prescribed form to the area occupational safety and health officer within seven days of the occurrence of the accident
- Where an accident in a workplace causes non-fatal injuries to a person therein, the employer shall send to the area occupational safety and health officer, a written notice of the accident in the prescribed form within seven days of the occurrence of the accident.
- In the case of death due to a workplace accident, nonfatal injuries arising from a workplace accident, an occupational disease or a dangerous occurrence at the workplace, involving a self-employed person incapable of submitting notification, such notification shall be submitted to the area occupational safety and health officer by the occupier.
- An employer shall cause all workplace injuries to be entered in the general register specified in section 122. . Where a person injured in an accident dies after the accident is notified under this section, the employer shall send a notice of the death in writing, to the area occupational safety and health officer as soon as he is informed of the death.
- Where an accident to which this section applies occurs to an employee and the occupier of the workplace is not the employer of the person injured or killed, the employer of that employee, shall, immediately report the accident to the occupier or, the Director and the area occupational safety and health officer.
A person who fails to notify an accident or a dangerous occurrence as required under this section commits an offence and shall on conviction be liable to a fine not exceeding two hundred thousand shillings or to imprisonment for a term not exceeding six months or to both.
Reporting of accidents at work places is a legal requirement. The report tells the enforcing authorities for occupational health and safety and local authorities about serious incidents .This means they can identify where and how risks arise and whether they need to be investigated.