This document outlines the content of a session on managing employee labour relations for effective performance. It discusses statutory requirements for employee health and safety under Kenyan law and outlines employer and employee obligations. These include ensuring a safe working environment free of risks, providing protective equipment, training employees on safety guidelines, and employees taking care of their own safety and reporting any issues. The document also discusses employee welfare and service programs that employers should provide like monitoring working conditions and employee insurance. It presents a case study of an unsafe factory where machinery was uncovered, employees were not using protective equipment or following safety protocols, resulting in a serious employee injury.

1. Session 8 Managing Employee Labour Relations for Effective Performance 27th June '11 Session 8 1

2. Presentation Plan Statutory requirements for employee health and safety. Employee health and safety programs. Employee welfare and service programs. Case: Unsafe Working Environment. Reading Assignment: Ch. 14 & 15 of course text. 27th June '11 Session 8 2

3. Statutory requirements for employee health and safety 27th June '11 Session 8 3

4. 27th June '11 Session 8 4 The Occupational Safety and Health Act, 2007 protects employees in Kenya regarding matters of safety and health at work. However, despite the law, safety and health in principle should be viewed from the perspective of rights and obligations-

5. including: 27th June '11 Session 8 5 Employer controlling or covering any risks to employee safety and health. Employer ensuring provision of all personal protective and safety equipment (PPE) free of charge to the employee. Employee stopping and leaving the work area should she/he sense any risks to safety and health.

6. 27th June '11 Session 8 6 The employee telling the employer about any health and safety concerns he/she has. Employee accessing the Safety and Health Executive (SHE) or union representative if the supervisor won't listen to employee concerns.

8. Employee is also entitled to time off from work during the working week, and to have annual paid leave or at least in 18 months.

10. 27th June '11 Session 8 9 Taking reasonable care not to put other people - fellow employees and members of the public - at risk by omission or commission while performing work duties. Co-operating with employer. Employer making sure the employee gets proper training, understands and follows the company's safety and health guidelines.

11. 27th June '11 Session 8 10 Not interfering with or misusing anything that has been provided for employee safety, health or welfare. Reporting any injuries, strains or illnesses the employee may suffer as a result of doing a job (employer may need to change work arrangements).

13. In case the employee operates or drives machinery, the employer will need to know if the employee takes medication that makes him/her drowsy.

15. 27th June '11 Session 8 13 All employee safety and health programs should be framed within the Occupational Safety and Health Act 2007 The Act provides for the following: General duties Administration Enforcement

16. 27th June '11 Session 8 14 Registration of workplaces Health general provisions Machinery safety Safety general provisions Chemical safety

17. 27th June '11 Session 8 15 Welfare general provisions Health, safety and welfare-special provisions Special applications Offences, penalties and legal proceedings Miscellaneous provisions

18. Employee welfare and service programs 27th June '11 Session 8 16

19. 27th June '11 Session 8 17 Welfare includes anything that is done for the comfort and improvement of employees. Welfare facilities and conveniences are provided over and above compensation and wages. Welfare services will help in keeping the morale high and motivating employees retaining them longer. Welfare measures may be in any kind/form not necessarily in cash terms.

20. 27th June '11 Session 8 18 Employee welfare includes: Monitoring of working conditions. Creation of industrial harmony through infrastructure for health, labour relations Insurance against disease, accident and unemployment for the workers and their families.

28. 27th June '11 Session 8 26 Employee welfare entails all those activities of employer which are directed towards providing the employees with certain facilities and services in addition to wages or salaries.

29. Reading Assignment Reading Assignment: Ch. 14 & 15 of course text 27th June '11 27 Session 8

30. Case: Unsafe Working Environment Usijali Inc. is a factory that produces popular commodity products in Kenya. The owners of the establishment enjoy a near monopoly status in the market. At one stage Usijali Inc. had machinery that had seen better days. Most of the machinery and rotating equipment was uncovered and thus exposed workers to extreme danger of serious accident risks. Incidentally some of the employees operating the machinery equipment wore long hair. Some others wore flowing loose garments. None of the employees used Personal Protection Equipment (PPE). One night, an employee on night shift came to work but was under alcohol influence. While at work the employee dosed off and his loosely handing clothes were caught up in the rotating machinery of the factory. The accident would have been fatal had it not been for quick reaction quick reaction of his co-workers who pulled him off the machinery before he could be crashed. He survived with serious injuries on his hands and face. Respond to the tasks on the next slide: 27th June '11 28 Session 8