What You Need to Know Dissecting the 2023 OSH First Aid in the Workplace Regulations

In 2023, the landscape of workplace safety in Kenya underwent a significant transformation with the introduction of the Occupational Safety and Health "First Aid in the Workplace” Regulations 2023. This new regulatory framework, promulgated under the Occupational Safety and Health Act, 2007, marks a considerable evolution from the erstwhile "Factories (First-Aid) Rules, 1977." The updated regulations bring a modern, inclusive approach to occupational safety, detailed responsibilities, and enhanced first-aid preparedness in the workplace. The simplicity of language in this new regulation is the first step towards compliance.

1.??? Definitions of Terms and Widened Scope

The regulations have broadened the definitions of terms such as first aid, first aid audit, and persons administering first aid. Other definitions in the text are anchored to OSHA 2007, e.g., a workplace. Unlike the 1977 rules, which were confined to factories, the new regulations apply to all workplaces. This inclusivity ensures that every work environment, regardless of the industry, adheres to stringent first aid standards, safeguarding the well-being of all employees.

2.??? Emerging Responsibilities for Occupiers

The regulations lay out explicit and comprehensive responsibilities for occupiers (employers), which include but are not limited to:

-?????? Annual First Aid Audits: Occupiers must ensure that a competent person conducts a first aid audit annually.

-?????? Emergency Procedures: The new rules mandate effective emergency procedures to manage and facilitate the transfer of casualties to appropriate health facilities, underscoring the importance of swift and efficient response during emergencies.

-?????? Information Dissemination: Employers to provide detailed information about first aid procedures, the location of first aid kits, and the identities and contact information of trained first aid personnel. Workers’ knowledge of first aid provisions builds into the workplace’s emergency preparedness and response.

-?????? Vaccination: Occupiers are now required to subject persons conducting first aiders to vaccination against infectious diseases such as Hepatitis B and Corona Virus

3.??? Modernised First Aid Box Contents

The contents of the first aid boxes have been significantly updated to reflect modern medical practices. The regulations introduce new items, including resuscitation masks, thermal blankets, haemostatic gauzes, and lubricating eye drop solutions (formerly Factory Eye Drop). These additions ensure that workplaces can handle a broader range of medical emergencies. The regulations have clarified the role of first aid and addressed most employers' common questions on whether to have painkillers or some medicinal assortments in the first aid box.

Section 9 (3) explicitly prohibits having medicine in the first aid box.

To minimise counterfeiting, these contents must conform to the Standards Act, meaning all the content must be KEBS-certified.

4.??? Risk Assessment-Based Contents (Tailor-Made First Aid Box)

Interestingly, the regulations are less rigid enough to allow risk assessment conducted by the occupier to inform the content of the first aid box and other provisions thereof. This customisation means that consideration will be made to the available risks and their severity. This aspect of the law is important in giving the occupier reasons to evaluate itself and provide first aid care suitable to the workplace, which means that the provisions of these regulations can merely be minimal.

5.??? Detailed Personnel Requirements and Training

The updated regulations provide a more granular breakdown of the required number of trained first aid personnel, ensuring adequate coverage based on workplace size.

Smaller workplaces (1-9 workers) need at least one trained person, while medium workplaces (10-20 workers) need at least two. Larger workplaces (21-50 workers) shall (see how I inserted “Shall”, hehe) have at least three trained persons, while very large workplaces (51-100 workers) have at least five trained persons, with additional personnel required for every extra hundred workers. However, workplaces with more than 500 employees must establish first-aid rooms managed by qualified medical personnel such as registered nurses, clinical officers, or medical practitioners.

An improvement of the Factories (First Aid Rules) 1977, these rooms must be well-equipped with essential facilities, including running water and soap, potable drinking water, telephone and electrical power points, an examination couch, and other medical equipment.

6.??? Mandatory First Aid Audits

Significantly, the Workplace First Aid Rules of 2023 introduce mandatory first aid audits. These audits, conducted annually by DOSHS-approved first-aid auditors, ensure continuous monitoring and improvement of workplace first-aid practices. As the norm of audits conducted under OSHA 2007, the audit reports must be submitted to both the occupier and the DOSHS. This will be an area of interest to occupiers, who are now required to submit three statutory audits to DOSHS (story for another day).

7.??? Training of First Aiders

The 2023 regulations require training by approved institutions and annual certification renewal for first aid personnel. Sections 6 and 7 of the regulations set out the training of persons administering first aid and the required number in a given workplace. The regulations dropped sections that named St. John's Ambulance and Red Cross trainers and recognised the sovereignty of the DOSHS to approve training institutions.

Here are some major highlights of what stands out from the regulations.

??? a.???????? Specific Language and Modernised Contents

The 2023 regulations use specific language to describe each aspect of first-aid provision to clarify and reduce implementation ambiguities. This specificity extends to the detailed list of required items in the first aid box which were not provided for in the 1977 Rules, for example, haemostatic gauze which is known to prevent life-threatening injuries including those from major arteries and has been used by armed forces in other parts of the world. The added items reflect current medical practices and ensure that workplaces are better equipped to handle a variety of emergencies.

??? b.???????? Expanded Responsibilities of the DOSHS

The regulations assign specific responsibilities to DOSHS, enhancing oversight and ensuring compliance. In addition to approving training institutions for first aid personnel, the Director is tasked with approving first aid auditors, maintaining a register of approved auditors, and overseeing issuing and renewing certificates of competence for first aid trainers and auditors.

???? c.???????? Anchoring to the Occupational Safety and Health Act 2007

A significant improvement in the First Aid in the Workplace Regulations 2023 regulations is their strong anchoring to the OSHA 2007. This is the first regulation among the subsidiary legislations that heavily relies on OSHA 2007 and draws on specific sections of the Act, such as Section 95, which mandates providing and maintaining first aid boxes. The regulations ensure consistency and legal coherence by aligning closely with the Act. Furthermore, several definitions within the regulations are directly taken from the Act, ensuring that there is no ambiguity in interpreting critical terms like "occupier," "first aid," and "working hours." The regulations also incorporate comprehensive penalties for non-compliance from the OSHA 2007. The alignment ensures that the penalties are clear, enforceable, and consistent with broader occupational safety and health legislation. Such anchorage ensures that the regulations are legally robust and enforceable.

In conclusion, the "First Aid in the Workplace Regulations, 2023" signify Kenya's proactive and comprehensive approach to occupational safety. By expanding the scope to all workplaces, modernising the contents of first aid boxes, detailing the responsibilities of occupiers, and introducing mandatory audits, these regulations ensure that every workplace is better prepared to handle medical emergencies. This overhaul is a regulatory update and a significant leap towards creating safer, healthier work environments for all employees.