Addressing PPE Non-Compliance in Kenya’s Construction Sector

In this fast-paced construction sector, safety has often taken a backseat to project deadlines and cost implications. Despite contributing about 6% of the Gross Domestic Product (GDP), the sector remains one of the most perilous, exposing workers to falls, hazards, and injuries sustained from the operation of heavy machinery. A study by The Institution of Engineers of Kenya (IEK) revealed that in 2013, Kenya recorded approximately 64 fatalities per 100,000 employees, a rate 145 times higher than the UK, 17 times higher than China, and three times higher than South Africa1;p1. The report also indicated that lack of health and safety training contributes to 12% of accidents in construction sites within Nairobi County alone1;p8.?

To mitigate against these risks, the Occupational Safety and Health Act, 2007 and National Construction Authority (NCA) Code of Conduct for the Construction Industry require contractors, subcontractors, and site supervisors to ensure adequate provision of Personal Protective Equipment (PPE) such as helmets, gloves, reflective vests, safety boots, and harnesses for construction workers while on site2,3. However, to date, enforcement still remains a significant challenge.?

The Role of Mulika Mjengo in Advocating for Construction Safety Reforms?

The Code of Conduct urges industry stakeholders and the public to report safety violations through whistleblowing. Similarly, Architectural Association of Kenya (AAK) ’s Mulika Mjengo initiative serves as a platform for the public to flag unsafe construction practices, promoting advocacy against non-compliant developments. During site inspections, the site visit team observed several recurring issues that contribute to non-compliance with PPE regulations.?

Challenges in Enforcing PPE Compliance?

We noted that a majority of workers lacked training on workplace hazards, with some unaware of how PPEs are supposed to protect them. Unfortunately, contractors have often neglected the essence of conducting safety inductions for their workers. Also, the high costs associated with procuring quality equipment compels some to cut corners, leaving workers exposed to dangers while on site. In addition, resistance among laborers, weak enforcement, and corruption further exacerbates this problem. Alarmingly, 80% of developments in Kenya are constructed informally, lacking requisite approvals and oversight, according to the Status of the Built Environment Report, 20234. As such, several sites lack safety protocols, including the display of safety signages around the site. Moreover, workers often do not have employment contracts that would guarantee provisions for their safety.?

Impact of PPE Non-Compliance?

Consequently, non-compliance significantly increases workplace injuries and fatalities, exposing workers to falls, head injuries, and hazardous substances. A study conducted by The Institution of Engineers of Kenya in Nairobi County revealed that 17% of injuries resulted from falling objects, 15% from falls from heights, 13% from the operation of machinery, and 11% from lifting heavy objects, amongst other causes.?

The Code of Conduct mandates contractors and site supervisors to provide workers with adequate PPEs, with those who fail to comply risking legal action, fines, and reputational damage. Construction accidents disrupt workflow, affect budget estimates, cause project delays and financial losses, however, the greatest consequences always befall the casual laborer.?

Recommendations for Improved Compliance?

To improve compliance, contractors, subcontractors, and site supervisors should conduct mandatory training and awareness creation to educate workers on the importance and proper use of PPE as provided in the Code. Given that the majority of the sector still operates informally, the government ought to introduce subsidies or incentives to assist?contracting companies to access affordable and high-quality protective equipment for their workers. Additionally, regulatory agencies also need to strengthen enforcement by increasing the frequency and randomizing site inspections, imposing stricter penalties for non-compliance while upholding transparency and accountability when conducting inspections. In conclusion, construction companies need to foster a safety-first culture, ensuring that?compliance with PPE regulations?becomes a shared responsibility by all stakeholders across all levels of the sector.?