kuspaw osh policy and action plan - iuf / uita / iul...2014/05/30 · creating decent jobs in...

IUF Global Sugar Program

Kenya Union of Sugar Plantation and Allied

Workers (KUSPAW)

KUSPAW

Statement of Principles on

Occupation Safety and Health,

Policy and Action Plan

Creating Decent Jobs in Kenya’s Sugar Sub-Sector

May 2014

Creating Decent Jobs in Kenya’s Sugar Sub-Sector KUSPAW – OSH Statement of Principles, Policy and Action Plan

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TABLE OF CONTENTS

Preface

Section I

KUSPAW Statement of Principles on Safety, Health & Environmental protection in the Sugar

sub-sector

Section II

KUSPAW Occupational Safety and health Policy and Action Plan

Preamble

Chapter One

1.1. Introduction and Overview 1.2. The Benefits of an OSH Policy 1.3. The Challenges

Chapter Two - Rationale

2.1. Vision 2.2. Mission 2.3. The Policy Statement 2.4. Policy Objectives 2.5. Policy Principles

Chapter Three - Responsibilities

3.1. The Executive Board 3.2. The KUSPAW Secretariat 3.3. The KUSPAW National OSH Committee 3.4. The Branch Executive 3.5. The Shop-stewards 3.6. The Occupational Safety and Health Committee 3.7. Members and Workers

Chapter Four - Legislation


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4.1. International Instruments 4.2. The National Legislation

Chapter Five - Action Plan

5.1. Establishment of Occupational Safety and Health Committees 5.2. Implementation & Ownership of KUSPAW OSH Policy and Action Plan

Annex 1 – Definition of Terms

Annex 2 – Acronyms

Annex 3 – Participants in the IUF Sugar & KUSPAW Activities: 2007-2013


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Preface

The International Labour Organization (ILO) estimates that each year some 2.3 million men

and women die in work-related accidents and diseases. Some 1.95 million deaths are traced

back to work-related diseases, while some 360,000 people die as direct result of fatal

accidents, including about 170,000 agricultural workers. Agriculture is considered as one of

the most hazardous occupations worldwide.

The Kenya Union of Sugar Plantation and Allied Workers (KUSPAW) in partnership with the

IUF Global Sugar Program and the support of Social Justice Fund of the Canadian Auto

Workers through (CAW-SJF) has developed a document titled "KUSPAW Statement of

Principles, OSH Policy and Action Plan” to contribute to the creation of a safe and healthy

working environment in Kenya’s sugar sub-sector. An Occupational Safety and Health policy

is essential for developing a stable and productive work environment in the sub-sector.

From the 1980s, the Kenyan laws regulating the labour market have been revised to

promote healthier labour relations, appropriate working conditions, equity in the workplace

and improved skills. Improved working conditions are necessary to contribute to the

achievement of Decent Jobs in the sugar industry.

Although Kenya has not ratified the International Labour Organization (ILO) Convention No

155, which requires the ILO country members to develop and implement a national OSH

policy, it was important for KUSPAW, in partnership with IUF Global Sugar Program, to

develop one for the sugar sub-sector. Such process started at the same time that Kenya

passed the national Occupational Safety and Health Act in December 2007.

The Occupational Safety and Health Act of 2007 and the Work Injury Benefits Act of 2007

are the laws regulating the prevention of occupational accidents and diseases in Kenya. The

present document aims at domesticating these national statutes, and presents the KUSPAW

Statement of Principles on Occupational Safety and Health, the KUSPAW Occupational

Safety and Health Policy and Action Plan.


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The Union and its members adhere to the KUSPAW Statement of Principles and accept the

responsibilities for the development and implementation of the KUSPAW Occupational

Safety and Health Policy & Action Plan. We will endeavour to ensure that safety

performance of the sub-sector is continuously improved, and we will seek the cooperation

of all stakeholders to identify the values of the policy, in reviewing it, and in developing new

aspects - whenever it becomes necessary.

The primary objective of the policy is to contribute to the reduction of the number of work-

related accidents and diseases in the sugar sub-sector. This requires the creation of a culture

of prevention in which the government, employers and workers participate. The effective

prevention of work-related accidents and ill-health will have enormous social and economic

benefits, including increasing productivity and competitiveness as well as improving the

quality of life of the working population. The continuous assessment of many safety and

health risks will contribute to the improved levels of public safety. The adequate control at

source in workplaces of hazardous substances and machineries and equipment will improve

levels of public health and minimize environmental pollution.

May I convey my sincere appreciation to the IUF Global Sugar Program and the Social Justice

Fund of the Canadian Auto Workers (SJF-CAW) for their support extended to this work

under the project “Decent Jobs in the sugar sector of Kenya and South Africa -

Strengthening IUF sugar affiliates.” Special thanks to Jorge Chullén, IUF Global Sugar

Coordinator and Norbert Oloo, KUSPAW Programme Officer, for their research and guidance

in the production and development of the policy, which included several workshops and

consultations with KUSPAW grass-root members and branches. Lastly, I thank all those who

participated and gave valuable inputs during the entire process of policy development.

I now recommend this document to the members of KUSPAW in particular and, in general,

to the entire workforce in the sugar sub-sector and to those who may find it useful in their

endeavours.

Francis B Wangara General Secretary

KUSPAW


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SECTION I

KUSPAW STATEMENT OF PRINCIPLES ON SAFETY, HEALTH &

ENVIRONMENTAL PROTECTION IN THE SUGAR SUB-SECTOR

It is our right to work in a Safe and Healthy environment of work, which is a key component

for the creation of Decent Jobs in the sugar sub-sector and in the country.

Sugar workers have the right to the highest standards of health, including environmental

hygiene, as enshrined in our Constitution and the Bill of Rights and protected by the

Occupational Safety and Health Act No 15 of 2007.

It is the legal responsibility of employers to provide a workplace that is free from hazards

and risks because they control the conditions of work. Nonetheless, it is the workers who

experience the actual conditions of production at the shop-floor level, and it is the workers

who, on a daily basis, risk injuries and accidents, some of which can determine their quality

of life. By comparison, employers risks profits.

A healthier and safer environment of work in the sugar sub-sector has to take into account

two distinct environments of work. One is the farming operations related to the sugar cane

growing; the other is the factory work related to the crushing of cane and the

manufacturing of sugar. The sector also involves support operations, such as administration

and services, including health care, all of which require a specific OSH&E approach.

What do we need to do?

Our strength arises from our members and from what we contribute to the community, to

the sugar sub-sector and to the country in general.

KUSPAW and the sugar workers have to face OSH&E issues from an independent position.


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KUSPAW firmly believes that any effective OS&H programme has to be based on the

principle that occupational hazards must be eliminated, that risks have to be minimised, and

that the protection of individual workers is the last resort when creating a safe and healthy

workplace.

KUSPAW places special emphasis on protecting the safety and health of female employees,

who face challenges in their full integration in production activities and union work that

arise from social and community constrains, and in a sugar sub-sector where male

employees are the norm. This commitment has to be translated into specific union

initiatives to create the proper environment for the female grass-root workers to participate

and contribute to union work.

KUSPAW has to engage employers in a continuous improvement of OSH conditions in the

workplace. KUSPAW fully supports the union’s active participation in the joint safety

committees, as a way to develop successful and effective OSH&E programmes.

KUSPAW

KUSPAW understands that organising workers is the base for generating knowledge about

the actual conditions of work, from where sensible solutions to OSH&E challenges can be

proposed and implemented. This is also the base for workers to participate in workplace

OSH&E policies, especially in the joint safety committees that should be a proactive agent

when identifying, and a firm actor when implementing, solutions to OSH&E challenges at

the workplace.

KUSPAW believes that the Kenyan sugar stakeholders need to develop the ability to jointly

face Occupational Safety, Health & the Environment (OSH&E) challenges and that Social

Dialogue is crucial to build a political framework where national legislation can be effectively

implemented.

KUSPAW invites all sugar stakeholders to jointly respond to the challenge of improving the

OSH&E knowledge base in the sector through research and international exposure.


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Basic Rights

The Occupational Safety and Health Act No. 15 of 2007 stresses:

The right to know about hazards in the workplace.

The right to participate in health and safety activities.

The right to refuse hazardous work and the right to take preventive actions.

The right to be protected against hazards while at work.

The right to Environmental Sanitation within and around the workplaces.

Safety and Health and the Environment

Workers in the sugar sub-sector know from their daily work in the fields and factories about

the close connection between sound environmental practices and the safety and health of

sugar-dependent communities. Workers have the right to demand that the use of

agricultural inputs in the sugarcane growing, particularly the use of chemical products such

as pesticides and herbicides and harvesting practices, are consistent with the highest degree

of safety for the workers and for the protection of the environment for the benefit of the

country and the Earth as a whole.

Information and Trade Union Solidarity

KUSPAW is an affiliate of the International Union of Food, Agricultural, Hotel, Restaurant,

Catering, Tobacco and Allied Workers' Associations (IUF), and through it KUSPAW has access

to a wealth of knowledge, expertise and information on safety and health matters. Being a

member of a global union, KUSPAW must strive to share our own experience with other IUF

unions around the world.


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SECTION II

KUSPAW OCCUPATIONAL SAFETY AND HEALTH POLICY AND ACTION

PLAN

PREAMBLE

Working in a safe environment is a Human Right and a right of the workers. Trade Unions, as

the natural way for workers to organize themselves, are on the front line of safeguarding

and protecting this right.

Safety and Health in the workplace is also a pillar in the creation of Decent Jobs in any

society. No government or corporation has been able to achieve any meaningful economic

development without the provision of a safe work environment for the workers.

New technological changes and intense competitive global pressures have given birth to

rapid changes in working conditions, creating new hazards and work processes, and

reorganising the world of work to the extent that legislation, as a process of management, is

proving inadequate. Unions are therefore to continuously tackle these changes by

developing effective and dynamic supporting structures and activities. The establishment of

KUSPAW Occupational Safety and Health Policy, which develops the Union’s Statement of

OSH Principles, is one such dynamic strategy, in line with requirements stated by relevant

Conventions of the International Labour Organisation (ILO).

The development and implementation of a KUSPAW Occupational Safety and Health Policy

is one step to demonstrate the commitment of the Union to work cooperatively with the

Social Partners and stakeholders to improve the Safety and Health in the sugar sub-sector in

Kenya. This document sets clear and ambitious goals to improve the sector’s OSH

performance. It provides a basis for developing a sustainable safe and healthy work

environment by reducing the number of people injured and killed at work, and those


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suffering from long-term health ailments as a result of unhealthy conditions of work. The

policy aims at strengthening compliance, enforcement, and negotiations for improving the

minimum safety standards, with the introduction of new clauses in the collective bargaining

agreements, and by encouraging agreements amongst the social and development partners,

and sector’s stakeholders.

One fundamental role of the Union is to contribute to the creation of safe and healthy

working conditions through awareness-creation meetings at the workplaces that encourage

the participation of workers as envisaged by the Occupation Safety & Health Act of 2007.

Additionally, the Union will endeavour to negotiate Memorandums of Understanding

(MOUs) with employers to protect the safety rights of outsourced employees, usually hired

under precarious conditions of work.


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CHAPTER ONE

1.1. INTRODUCTION AND OVERVIEW

Guaranteeing safety and health of workers has a positive impact on the country as a whole:

it increases productivity, it encourages investments and the creation of job opportunities,

and it improves job morale and satisfaction amongst employees therefore creating

industrial harmony.

The Kenya Union of Sugar Plantation and Allied Workers (KUSPAW) has implemented a

capacity building project on OSH under the auspices of IUF Global Sugar Project, “Decent

Jobs in the sugar sector of Kenya and South Africa - Strengthening IUF sugar affiliates.” The

experience of this work indicates:

1. Workers’ involvement in decision-making processes allows the employer and the workers to decide amicably on immediate and long-term investments to improve the safety and health in the workplace.

2. Safety legislation is important in creating safer workplaces that contribute to Decent Jobs, while companies’ policies and agreements are also relevant to ensure benefits for workers.

3. Joint programmes with employers improve relations, which is a critical requirement for productivity and efficiency. This includes the identification of safety gaps and holding discussions for change through ongoing programmes based on Study Circles at the workplace.

4. Meaningful engagements based on mutual understanding can be achieved through the development, validation and regular review of policy documents on OSH. Employers are willing to invest in creating safe workplaces if they get the right information regarding their legal obligations on OSH.

1.2. THE BENEFITS OF AN OSH POLICY

An integrated Occupational Safety and Health policy is essential for developing a stable and

productive work environment. From the 1980s, the laws regulating the labour market have

been revised to promote healthier labour relations, appropriate working conditions,

equality in the workplace and to improve the skills of the labour force.


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There are various economic gains associated improving the Occupational Safety and Health

conditions in the sugar sub-sector.

An increment in productivity and worker morale, and the reduction of working time lost due to injuries and diseases.

A reduction in equipment down-time and damages to materials and machinery with the associated savings on the costs of recruiting and training replacement employees, resulting in reducing costs of production.

A reduction in transaction costs such as insurance costs and legal fees.

KUSPAW firmly believes that an adequate OSH policy and standards are required for the

country’s integration in the world economy, in particular when related to regional trade

agreements. On the other hand, new investors, international and national, have to

implement higher OSH standards, and the sub-sector has to eliminate the assumption that

poor OSH conditions favour financial savings and provide economic advantages. As well,

markets in developed countries are increasingly requiring suppliers to comply with

international quality management standards, which demand world-class performance in

areas such as OSH, environmental protection and product safety.

1.3. THE CHALLENGES

The current Occupational Safety and Health services available in the country face numerous

challenges that include:

Inadequate development of appropriate institutional arrangements to enhance the commitment of the Social Partners. These arrangements require removing overlaps and duplications and reviewing gaps and integrating missing topics.

Inadequate skilled Human Resources in both Public and Private sectors of the economy.

Inadequate funding mechanisms and poor financial resources available to prevention agencies as to allow an effective work.

Low awareness and poor development of a culture of prevention of accidents/diseases amongst employers and employees.


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Inadequate programmes in servicing the Small, Medium and Micro Enterprises (SMMEs) and the informal sector, and in protecting vulnerable workers and those in marginal employment.

Scarce information on HIV/AIDS complemented with limited skills to deal with the consequences of the pandemic and workplace-related injuries and diseases.

Inadequate information and the poor development of comprehensive reporting systems and databases on work-related accidents and diseases.

Non-existence of occupational health services, and limits to their establishment and expansion.

Fast technological developments and globalisation and the establishment of research capacities.


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CHAPTER TWO

RATIONALE

The regulation of Occupational Safety and Health (OSH) in the country has been marked by

government indifference, employers’ neglect and a widespread disregard for the

fundamental rights of workers and communities. There has been minimal investment in the

government agencies charged with OSH regulations. There are inadequate personnel,

resources and skills to implement effective prevention strategies.

There is lack of a general framework for OSH initiatives to be taken in a coordinated way,

which continue experiencing a severe underfunding, exacerbating inconsistencies amongst

the different sectors.

The development of a union OSH policy and implementation structures is in line with

international standards and practice; and it is to be applicable to all workplaces in the sugar

sub-sector.

2.1. VISION

To contribute to a Safe, Healthy and Productive working population in the sugar sub-sector.

2.2. MISSION

KUSPAW will strive to engage the Social Partners and other stakeholders in the sugar sub-

sector to sustain a significant improvement of OSH conditions, seeking a continued

reduction in work-related fatalities, accidents and diseases. This goal can be achieved

through:

Developing and implementing more effective OSH interventions, with the identification and application of best OSH practices that include best information, assistance, regulation, compliance, enforcement and incentives.


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Increasing OSH knowledge in all workplaces and communities in the sugar producing areas to ensure better capacities when addressing current and emerging OSH issues.

Carrying out of research, collection of data, data evaluation to provide better and more relevant information are a prerequisite for successful OSH prevention interventions.

2.3. THE POLICY STATEMENT

KUSPAW and their members subscribe to the Statement of Principles in OSH and accept the

responsibilities implied by the development and implementation of the KUSPAW National

Occupational Safety and Health Policy.

We will endeavour to ensure that safety performance of the sub-sector is continuously

improved and cooperation of all stakeholders will be sought to review and improve this

policy.

2.4. POLICY OBJECTIVES

1. The primary objective of the policy is to reduce the number of work-related accidents and diseases in sugar sub-sector in Kenya. This requires the development of a culture of prevention in a tripartite effort, including the government, employers and workers.

2. The effective prevention of work-related accidents and ill-health will have enormous social and economic benefits. These include improvements in productivity and competitiveness and in the quality of life of the working population. The competent management of safety hazards will contribute to improved levels of public safety. The adequate control at source in workplaces of hazardous substances, machineries and equipment will improve levels of public health and minimize environmental pollution.

3. The policy proposes the provision of equitable compensation to those who are injured in work-related accidents or who develop occupational diseases. These benefits include medical aid, financial compensation and access to rehabilitation services.

2.5. POLICY PRINCIPLES

The core principles addressing the policy are:


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1. The implementation across the sugar sub-sector of Occupational Safety and Health laws that cover all workers independently of their contract situation.

2. The enacted OSH laws spelling out the core rights and duties of employers and workers and their application to the entire sugar sub-sector.

3. The prioritization of prevention and the promotion of a culture of prevention: All accidents and health incidents are preventable.

4. The appropriate and fair compensation and rehabilitation benefits; the provision of meaningful, accessible and equitable compensation and rehabilitation to workers in all sectors of the economy and in all forms of employment relationships. Employers to bear the cost of accidents and diseases in their workplaces, including the cost of medical treatment, compensation and rehabilitation.

5. Address OSH in relation to Gender and Women Workers.

6. Address OSH in relation to the physically challenged workers.

7. Contribute to the prevention of Child Labour, and where children have to work, prevent them from exposure to hazardous and /or polluted working conditions in the sugar sub-sector, in compliance with the ILO Convention 138 (1973) concerning Minimum Age for Admission to Employment, and Convention 182 (1999) concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour

8. The application of the “polluter pays” principle to avoid the transfer of environmental costs to the general population and, in particular, to the communities in sugar-dependent areas.


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CHAPTER THREE

RESPONSIBILITIES

3.1. The Executive Board

The Executive Board of KUSPAW recognizes the importance of Safety, Health, and the

Environment in the work agenda of the Union.

This commitment means that the Union shall adopt a Safety, Health and the Environment

policy that shall ensure:

1. Compliance with statutory instruments in all matters of Safety, Health and the Environment.

2. Consideration and inclusion in the Union’s policy of all relevant international conventions and recommendations, and best practices from the international sugar sector.

3. The participation of the Union in the lobbying, formulation and compliance with rules, regulations, guidelines on matters of Safety, Health and the Environment.

4. The encouragement of all practicable precautions is taken to safeguard the safety and health of all employees and other persons lawfully present at workplaces. This includes that appropriate systems for providing adequate information and instructions to all employees on risks to their health and safety are in place.

5. The design and implementation of programmes that create a proper environment for the full participation of Women Workers and guarantee the protection of their basic rights, particularly improved clauses on Maternity Protection, Against Discrimination in the Workplace and Against Sexual Harassment.

6. Keep Book register of all records.

7. That all workplaces in the sugar sub-sector are regularly inspected by the appropriate government agency, and that employers and employees are encouraged to jointly develop risk assessments and internal safety audits in the workplace.

8. All workers, particularly union members, assume clear responsibilities in conformity to this policy and other relevant rules and legislation.


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9. That the Union will encourage and contribute to the provision of appropriate education and training programmes to enhance compliance and to promote the prevention of accidents, diseases and environmental pollution.

10. That the Union is involved in environmental impact assessments that are carried out for all projects likely to have an impact on the environment.

11. That contravention of management systems related to Safety, Health and the Environment attracts severe disciplinary actions.

12. Review of the Safety, Health and the Environment systems to conform to changing trends.

3.2. The KUSPAW Secretariat

1. Initiate policy formulation and issue directives on its implementation.

2. Establish a Union National OSH Committee to coordinate workplace-based OSH Committees.

3. Identify and appoint a competent person to be in charge of OSH Issues.

4. Advice the National Executive Board on OSH policy matters.

5. Allocate necessary resources for activities and programmes related to Safety, Health and the Environment.

3.3. The KUSPAW National OSH Committee

The Executive Board will strive to establish a National OSH Committee to carry out the under listed responsibilities.

1. Coordinate the establishment of OSH Committees in existing and newly established workplaces in the sugar industry.

2. Ensure a Gender Balance in the composition of the National OSH Committee, with at least a 40 percent representation of either Gender.

3. Establish and regularly update a database and records on safety and health matters in the sugar sub-sector.

4. Initiate and administer a safety and health programme, including training schedules.

5. Keep up-to-date with recommended codes of practice and new safety and health literature.

3.4. The Branch Executive


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1. Establish an OSH Committee at the workplace in consultation with management and in accordance with the OSH Act 2007.

2. Link the National OSH committee and the Branch OSH committees.

3. In consultation with the employer develop workplace safety audit schedules, including routine safety inspection programmes.

4. Negotiate with the employer joint workplace-based training programmes for workers on safety requirements and their roles in contributing to safe workplaces.

5. Follow-up of recommendations to improve OSH and ensure their implementation.

6. Develop and maintain a database and information on OSH activities and programmes.

7. Propose changes for policy review from time to time.

3.5. The Shop-stewards

1. Negotiate with employers on safety issues.

2. Ensure the implementation and enforcement of safety regulations, policies and carry out any other functions necessary to promote safety.

3. Coordinate worker's education activities on OSH.

4. Participate in the identification of hazards and in safety audits at workplaces.

5. Establish effective communication channels between management and workers on safety, health and welfare matters.

3.6. The Occupational Safety and Health Committee

KUSPAW will encourage the establishment and support to OSH Committees according to the

OSH Act of 2007, and whose duties shall be to:

1. Establish a schedule of inspections of the company operations in a calendar year in accordance to OSH Act of 2007.

2. Inspect and carry out an investigation on dangerous occurrences or accidents at the workplace and make recommendations to the employer.

3. Identify occupational hazards and cases of ill health at the workplace and make appropriate recommendations to the employer.

4. Initiate and sustain OSH training programmes.


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5. Establish effective communication channels between management and workers in safety, health and welfare matters.

6. Conduct seminars and worker education programmes and provide information on safety, health and welfare.

7. Carry out any other functions necessary for the promotion and compliance with safety and health requirements.

8. Record and analyse information on injuries, illness, damages and production loss.

9. Assess accident trends and review overall safety performances.

10. Establishing a national OSH Day coinciding with the International Workers’ Memorial Day (April 28).

11. Ensure the provision of the correct and proper working tools to employees.

3.7. Members and Workers

1. Carry out their work in a proper manner as not to create a health and safety hazard to themselves or others.

2. Assist in the reduction and controlling of accident- and illness-producing conditions.

3. Report any incidents, near misses, injuries, or illnesses.

4. Use the correct tools and equipment for the job.

5. Keep tools in good condition.

6. Use the required safety equipment and protective clothing.

7. Report defects in workplace equipment.

8. Develop a personal concern for health and safety for themselves and for others, particularly newcomers and young people.

9. Suggest ways to eliminate hazards and minimise risks.

10. Read, understand, and comply with workplace safety and health policy, and safe work practices and procedures.

11. Co-operate with health and safety committee members and representatives.

12. Implement the proposed changes.


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CHAPTER FOUR

LEGISLATION

The KUSPAW OSH Policy and Action Plan are inspired by the provisions of international instruments as well as by Kenya’s national legislation.

4.1. International Instruments

The KUSPAW OSH Policy and Action Plan is also based on the adaptation of the under listed ILO Conventions in the Kenya sugar sub-sector.

ILO Convention 121

The Employment Injury Benefits Convention of 1964

This convention provides for the benefits that may be paid to an employee in case of industrial accidents and occupational diseases that may arise in the course of work.

The policy will build the capacity of employees and employers to design and implement strategies to prevent such accidents and diseases in the sugar sub-sector.

ILO Convention 148

The Working Environment (Air Pollution, Noise and Vibration) Convention of 1977

KUSPAW will strive to fill the gap that exists because of the non-ratification of the ILO Convention 148 that protects workers from diseases and accidents, which may damage hearing and body functions as a result of air, noise and vibration pollution, and which may also occur as a result of exposure to chemical products. The policy will be handy in educating workers and employers to establish preventive measures.

ILO Convention 155

The Occupational Safety & Health and Working Environment of 1981

The KUSPAW OSH Policy and Action Plan will give effect to this convention that aims at ensuring a safe and healthy working environment. The development of such a policy is provided for at Art. 19 of the Convention.

ILO Convention 184


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The Safety and Health Convention in Agriculture of 2001

ILO Convention 184 aims at creating safe working places in agriculture, which are also free from occupational diseases. It provides workers the right to remove themselves from danger and to select their own safety and health representatives.

KUSPAW OSH Policy will provide a framework to domesticate the principles of the Convention and create jobs free from occupational hazards.

ILO Convention 187

The Promotional Framework for Occupational Safety & Health of 2006

The KUSPAW Policy on OSH and Action Plan will be a useful framework for the promotion of a safe and healthy work environment in the sugar sub-sector. This is part of Decent Work Agenda for all workers in the sugar industry.

4.2. The National Legislation

The Occupational Safety and Health Act (Act No. 15 of 2007)

The KUSPAW OSH Policy and Action Plan will give effect to the provisions of Occupational Safety and Health Act (Act No. 15 of 2007), particularly Section 9 regarding the establishment and functions of the OSH Committees and Section 13 on duties of employees.

The Environmental Management and Coordination Act (Act No. 8 of 1999)

The EMCA provides for the establishment of an appropriate legal and institutional framework for the management of the environment and related matters.


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CHAPTER FIVE

ACTION PLAN

5.1. Establishment of Occupational Safety and Health Committees

This policy document will guide KUSPAW in the formation of OSH Committees in all sugar sub-sector-related undertakings, according to KUSPAW objectives of constantly improving the service to their membership, and encouraging the creation of Decent Jobs in the country.

It is a policy of the Union to create and develop partnerships and to mobilize resources to provide ongoing training to union members and workers representatives in the OSH Committees, and to build their capacities to contribute to safer and healthier workplaces in the country’s sugar sub-sector.

KUSPAW will collaborate with employers to carry-out periodic assessments, documenting findings, and implementing sensible solutions to eliminate hazards and reduce risks in the workplaces. It is imperative that employers carry-out risks assessments to identify and apply any necessary safety and health improvements before workers are exposed to dangers.

5.2. Implementation & Ownership of KUSPAW OSH Policy and Action Plan

Implementation

KUSPAW will mobilize funds to carry-out sensitization meetings with branch officials for purposes of internalization and implementation of the Union’s OSH policy.

OSH Committees

OSH Committees will be trained on the use and implementation of the present document. They will also be involved in the awareness-raising meetings using this policy document at grass-root level.

The Study Circles

KUSPAW will partner with COTU (K) to include the present OSH policy as a topic of discussion during workplace in-house training programmes – The Study Circles.

The Study Circle Leaders, who are workplace-based educators, will include the policy in their ongoing worker education activities or Study Circles. This will have two major effects:

Implementation of the policy by end-users.


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Ownership of the policy and periodic review.


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ANNEX 1

Definition of terms

1. Decent Work / Decent Job (Decent Work Agenda) - An ILO concept that refers to productive jobs with a fair remuneration, which provide access to social protection, promote social dialogue, and are based on the respect of Rights at Work. (The ILO Basic Labour Standards on Equality, Elimination of Child Labour and Forced Labour, and Freedom of Association and Collective Bargaining.)

2. Accident - An unexpected occurrence that can cause injury or illness and infections to the body or damage to property.

3. Contractor - Service provider engaged on behalf of the occupier (or employer).

4. Employer - The owner or representative of the enterprise or workplace.

5. Employee - A person engaged at workplace to provide services and includes those in apprenticeship.

6. Hazard - Anything with the potential to do harm or cause illnesses and diseases.

7. Injury - Actual bodily harm or stress.

8. Incidence - An unpleasant occurrence that may cause injury or damage to property.

9. Noise - Unpleasant and repeated sound that may be high or low.

10. Risk - The likelihood of potential harm and its severity from a Hazard being realized.

11. Near miss - An incident where no personal injury was sustained or no property was damaged but where a slight change of circumstances could have easily resulted in injury and/or damage.

12. Social Partners - Employers and workers (represented by their unions), engaged

in an economic activity, e.g. an enterprise or economic sector.

13. Study Circle - A small group of people who meet several times over a given period to discuss a specific issue.


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ANNEX 2

Acronyms

1. HIV/AIDS - Human Immunodeficiency Virus /Acquired Immunodeficiency Syndrome.

2. ILO - International Labour Organization.

3. KUSPAW - Kenya Union of Sugar Plantation and Allied Workers.

4. MOU - Memorandum of Understanding.

5. OSH&E - Occupational Safety, Health and the Environment.

6. SMMEs - Small, Medium and Micro Enterprises.

7. IUF - International Union of Food, Agricultural, Hotel, Restaurant, Catering, Tobacco and Allied Workers' Associations.

8. SJF-CAW - Social Justice Fund of the Canadian Auto Workers. (In August 2013, the CAW joined the Communication Energy and Paper Workers Union, CEP, to form Unifor.)

9. COTU (K) - Central Organisation of Trade Unions (Kenya)


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Annex 3

Participants in the IUF Sugar & KUSPAW Activities – 2007-2013

Starting in September 2007, the IUF Global Sugar Program and KUSPAW developed a truly

inclusive training process focussed on Occupational Safety and Health (OSH) matters. The

bottom-to-top process included field visits to farm and factory operations, observations and

workshop discussions, as well as the formulation of sensible recommendations to all parties

to make a workplace safer and healthier. Some eighty grass-root KUSPAW members, along

with national and branch-level leaders, were registered at the different activities, and the

success of the joint IUF Sugar/KUSPAW work was based on their contribution and

participation.

KUSPAW Participants in IUF Sugar Activities on Occupational Safety and Health 2007-2013

Name Workplace E-mail Phone

1. Alex Otieno Atinla Chemelil Sugar 0728 175 590

2. Amos Pesa Muhoroni Sugar 0729 380 141

3. Anderson Munganyi Nzoia Sugar

4. Anne Wafula Nzoia Sugar 0724 680 103

5. Annet Mbinga Butali Sugar Mills [email protected] 0703 780 637

6. Benjamin Wafula Namusole Barasa

[email protected] 0717 622 976

7. Bernard W. Pepela Nzoia Cane Transporters


8. Bonface Namayi Mulomi Mumias Sugar 0734 207 421

9. Caroline Kagai Busaka Chemelil Sugar [email protected] 0707 462 729

10. Charles Samson Namusasi West Kenya Sugar

11. Collins Owude Okoth South Nyanza Sugar 0722 621 700 12. Damascus Wamoyi Machio Mumias Sugar 0734 380 927

13. David Musiama Masinde West Kenya Sugar 0728 995 909

14. David Simiyi Wafula Chemelil Sugar [email protected] 0721 459 405

15. Duncan Odhiambo Nyakure Kibos Sugar [email protected] 0726 651 822

16. Edina L. Anyasi (w) Mumias Sugar 0724 600 779

17. Elly Ariwi Akeyo South Nyanza Sugar 0710 886 856

18. Esther Onyango [email protected] 0728 092 905

19. Eunice Chore Muhoroni Sugar [email protected] 0723 977 787

20. Evelyne Kisienya West Kenya Sugar 0720 207 969

21. Everline Nalonja Nyongose Nzoia Sugar 0734 628 298

22. Felix Indamang’eyo Masoso Butali Sugar Mills [email protected] 0722 625 840 23. Felix Ouma Nyangoro Muhoroni Sugar 0726 390 050

mailto:[email protected]






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24. Florence Achieng Otieno Chemelil Sugar 0710 674 032

25. Gilbert Ongoeko Wasumira Mumias Sugar 0735 248 801

26. Hannington Otieno Mumias Sugar 0733 759 079

27. Hassan Rakki Mumias Sugar 0726 793 653

28. Henry Ouma Mauji Kibos Sugar [email protected] 0712 654 310

29. Heny Kiberenge Nzoia Sugar 0725 311 127

30. Jack Osida Chemelil Sugar 0712 367 062

31. Janet Madanje Chemelil Sugar 0720 249 456

32. Janet Odhiambo Muhoroni Sugar 0728 673 156

33. Jessica Adhiambo 0723 640 080

34. John Ogutu South Nyanza Sugar 0727 433 337

35. John Ongoro Chemelil Sugar

36. John Wekesa Matasi Nzoia Sugar 0725 593 881

37. Joseph Galole Sheshi Mumias Sugar 0727 707 708

38. Joseph Mukonambi West Kenya Sugar [email protected] 0712 983 381

39. Joseph Owuonda South Nyanza Sugar 0722 907 591

40. Judith Adhiambo Omango Muhoroni Sugar 0722 339 492

41. Judith Anyango Siwa Chemelil Sugar [email protected] 0725 600 623

42. Julius Elly Mukolwe Mumias Sugar

43. Kennedy Murumba Nzoia Sugar 0736 024 410

44. Kiptoo Daniel Koech [email protected] 0722 376 667

45. Lindah Kiplagat Chemelil Sugar [email protected] 0724 849 309

46. Lydia Mkenya 0717 296 297

47. Macdonald Okumu Tobaia Wamacho

Nzoia Sugar [email protected] 0727 409 731

48. Martha Akinyi Oyugi South Nyanza Sugar [email protected] 0713 521 541

49. Masieyi Peter Solo Mumias Sugar 0706 793 559

50. Mathew Gae Mumias Sugar 0722 386 135

51. Maurice Nakwaka Ivayo West Kenya Sugar [email protected] 0722 255 300

52. Michael Ojwang Chemelil Sugar [email protected] 0729 006 385

53. Michael Oluoch South Nyanza Sugar 0725 948 592

54. Milton Obote South Nyanza Sugar 0720 272 672

55. Miriam N. Wanyama Nzoia Sugar [email protected] 0723 131 190

56. Morris Juma Wasiembi Nzoia Sugar [email protected] 0733 576 022

57. Moses Dmanyo Muhoroni Sugar 0726 645 478

58. Moses Kubai Misayia Nzoia Sugar 0724 688 171

59. Mukoshi Frederick Sihkenje Mumias Sugar 0726 309 529

60. Mwolov Pauline Barasa Mumias Sugar 0700 563 742

61. Ndalila Chitala Timothy West Kenya Sugar 0720 714 606

62. Ndete Amunabi Chemelil Sugar 0720 424 146

63. Noah Oliech Opiyo South Nyanza Sugar [email protected] 0725 863 218

64. Norbert Oloo KUSPAW Head Office [email protected] 0720 570 209

65. Owuor Inda Oloo Chemelil Sugar 0720 603 147

66. Paul Menya Chemelil Sugar 0722 584 635

67. Peter Nyota [email protected] 0725 771 164

68. Philemon Odoyo Mumias Cane Transporters

0725 921 603

69. Renice Atieno Ojowi KUSPAW Head Office [email protected] 0729 033 193












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70. Robert Lukhanda Lusweti Mumias Sugar [email protected] 0712 802 462

71. Rose B. Wanyonyi Nzoia Sugar [email protected] 0722 927 296

72. Rose Buyinda West Kenya Sugar 0724 828 741

73. Rose Jerotich Keter Chemelil Sugar 0725 309 313

74. Samwel Orina Angwenyi Muhoroni Sugar [email protected] 0723 306 323

75. Seline Chepkorir Muhoroni Sugar [email protected] 0725 415 220

76. Solly Nyongesa Manasseh Nzoia Sugar 0712 208 399

77. Stanley Omido 0738 566 681

78. Tabu Siocha Mumias Cane Transporters


79. Tom Kongere SONY Sugar [email protected] 0722 969 674

80. Tom O. Opiyo Muhoroni Sugar [email protected] 0724 524 680

81. Wilfred W Wasilwa Mumias Sugar 0718 762 771

82. William Sirengo Chesoli Mumias Sugar 0738 000 292







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