Enhancing labour inspection in Kenya through tailored labour inspection tool kits

ILO News (Kenya) - The enforcement of labour laws involves two distinct agencies, the Directorate of Occupational Safety and Health Services (DOSHS) and the Department of Labour (DOL). DOSHS oversees the implementation of the Occupational Safety and Health Act 2007 and the Work Injury Benefits Act 2007, while DOL is responsible for enforcing the Employment Act 2007 and the Labour Relations Act 2007. These agencies operate independently within the Ministry of Labour and Social Protection (MOLSP).
According to a rapid labour inspection assessment study conducted by ILO All Hands in Kenya (AHK) project, the labour inspection system grapples with several pressing challenges, from a shortage of inspectors and limited resources to disjointed coordination among various agencies. These hurdles impede the effective enforcement of labour laws and the protection of workers from exploitation and abuse.

Labour inspection toolkit
In response to these challenges, the AHK project supported the Ministry of Labour and Social Protection through the DOSH and DOL to develop a context-tailored labour inspection toolkit aimed at bolstering the capabilities of labour and OSH inspectorates. The two departments were supported to develop a draft toolkit in a technical working group workshop in Mombasa from 28th to 7th December 2022.
The developed toolkit seeks to assist the labour inspectorates fulfil their role by providing practical information, in a user-friendly format, on a suggested methodology for conducting inspections of textile and tea sectors. The method shall range from the planning of the inspection to the reporting of its findings and provides technical information that labour and OSH inspectors can pass on to employers and workers, to ensure "decent work". The toolkit details many of the operational activities that officers in the inspectorate address and the hazards to which workers may be exposed. It also documents internationally recognized safety measures that, if followed, reduce the likelihood of workers suffering from occupational accidents and diseases.

The toolkit contains a detailed outline of materials, manuals, and delivery mechanisms for the DOL and the OSH inspectorate. The scope of the toolkit is confined to the tea and textile sectors as identified in the initial project’s needs assessments but may be useful for general inspections. The tool's development process involved reviewing the existing training materials provided by the ILO (ITC-ILO curriculum on Labour Inspection, ILO Guidelines, current relevant national legislations, existing inspection tools & documentation in the Ministry and best practices). The Department of Labour and OSH Inspectorate current manuals (including relevant documents and International Labour Standards, information, practical examples, cases and figures, statistics from MOLSP Inspectorate and relevant agencies), Accident Investigation Guide and Risk assessment training were all considered.

Labour officers’ toolkit training
The AHK project further supported the Ministry of Labour and Social Protection in the training of over 70 officers in the labour inspectorate from across the 14 counties within the tea and textile sector. The training was conducted in three cohorts in Mombasa, Nyeri and Kericho executed by members from the technical working group within the DOL and OSH inspectorate.
This toolkit training was twofold: to empower inspectors to identify and rectify labour violations and to champion the adherence to international labour standards and acceptable conditions of work.
According to the labour inspectorate officers through a training evaluation, the program has yielded tangible improvements in labour inspection within the tea and textile industries. The officers who completed the training have reported heightened proficiency in identifying and addressing labour violations. Moreover, the training has fostered improved cooperation between the labour inspectorate and stakeholders like trade unions and employers' organizations.

The program has yielded tangible improvements in labour inspection within the tea and textile industries leading to improved cooperation between the labour inspectorate and stakeholders like trade unions and employers' organizations."

In summary, the AHK project's endeavours in labour inspection serve as a compelling model for addressing the hurdles faced by labour inspection in Kenya. The labour inspection toolkit and training program has enhanced labour inspectors' capacity to identify and rectify labour violations, fostering better collaboration between the labour inspectorate and other stakeholders.

The Ministry of Labour and Social Protection through the DOSHS and DOL in October 2023 conducted a final review of developed sector-specific toolkits for labour and OSH inspectors. All feedback and findings from the training and pilot phases were incorporated and validated in preparation for the publication and distribution of the toolkit.