- This is the most deadly and consequential disease and most victims being workers in Kenya.

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1 GHANA CONFERENCE REPORT ON O.S.H AND HIV-AIDS IN KENYA INTRODUCTION The promotion of social justice and good industrial relation depends largely on tripartite understanding mutually, government, employers, and workers through union. The union in Kenya, Kenya plantation and agricultural workers union (K.P.A.W.U) affiliates of COTU K derives its members mostly from Women and youth forming 75% total workforce in Kenya. HIV AND AIDS - This is the most deadly and consequential disease and most victims being workers in Kenya. - Worse still the mode of infection of HIV-AIDS is the unprotected sex in spite of this, there is hopeful news, now that through union involvement, It can be checked, controlled and it s reduced as seriously precaution measures have been taken collectively through training, awareness, policy making at the workplace and national level. IMPACT - It has affected the country working organization system, destroying the health population and severed development options. - It has reduced productivity level, due to man- hour s loss leading to profit decline then weakening union bargaining power its for members. - Has increased spending on medical expenditure risking other basic services and job creation - Has lead to increased over dependant - Has increased poverty level in the society

2 - Has lead to early orphanage and early self reliant among the youth, denying them opportunity of parental care and right to education opportunity - Lead to exploitation of child care. KENYA PREVENTIVE WAYS / INITIATED BY UNION IN - Training / awareness by the union on behavioral change among workers - Care and support to infected and affected people - Mother to child prevention awareness - A.R.V. service at workplace to infected workers - Policy on HIV-AIDS at workplace and national level - Legislative Acts on Employment Act 2007,section 5,3(a) - Voluntary test V.C.T. station at workplace - Lobbying for more funds to cure HIV-AIDS spreading - C.B.A have clause on HIV-AIDS related issues. WAYS FORWARD This is a daunting task, but things have to change, union effort through partnership with the government of Kenya, employers, donors and other well wishers, have to bear in mind this ways: - More funds are needed to fight this menaces and curb against man-hour loss - More training are required to sensitize workers on behavioral change and be faithfully to one partner - More efforts is needed to have workers access to affordable and commendable medical facilities to reduce early death. - More A.R.V. drugs are available at all workplace free of charge - Negotiate for workers living with HIV-AIDS terms not be discrimination against

3 - Better legislation to fight against stigmization at workplace - More medical facilities - Data on HIV-AIDS not accurate. Introduction O. S. H In Kenya, promotion of occupational safety and health has been created by the nationals on O.S.H A 2007 and I.L.O convention no.155 and 174. This law was first legislated in 1951 while workmanship compensation in TYPES OF WORKING PLACES - Machine and Plant - Agriculture and Plantation - Animal and Conservancy - Water, Lakes and Oceans - Building and Construction etc TYPES OF HAZARDS IN KENYA - Mechanic Hazard If poorly maintained - Ergonomical Hazard Poor lighting ventilation poor setting - Chemical Hazard Pesticide, solvent, fertilizer,disposal - Psycho-social Hazard Lack of job security, sexual harassments - Biological Hazards - Infection, - Physical Hazard - Noise, radiation etc O.S.H FUNCTION

4 - Inspection of workplace before registration (certification) - Carryout investigation of dangerous occurrences or injuries at workplace - Identify occupational safety and health hazards and illness at workplace. - Training workers and employers on O.S.H - Establishes legal notice no.31 employers responsibilities - Help formation of O.S.H workers committee at workplace - Examination and testing of boilers, air and gas cylinder - Medical surveillance and examination of workers Fire fighting drill inspection Administration of work injury benefits compensations to workers. UNION INVOLVEMENNT - Helping in national legislation of O.S.H 2007 Act - Negotiate during C.B.A.S clause touching on O.S H.A. for workers - Providing training to the members on O.S H.A. related issues at workplace - Ensure medical test are carried out regularly to workers at the workplace at the expense of employer - Medical expense are employers responsibilities through union effort - Lobbying for formation of workplace workers committee on O.S H A - Involved in policy making for promoting workers safety at workplace - Lobbying for I.L.O convention ratification SUMMARY Despite union effort and aggressiveness in Kenya, workers are still facing the following challenges in their respective workplace due to:

5 - The government response in lending labor ministry is slow and insufficient - Many hazard are not regulated by existing law - Law enforcement will is slow and lack political support - Accident rate still high because most are not report, if reported not acted on time - Loss of life s and disabilities leads to dependency loss of bread winners - Compensation policy not working - Long-term effect has no cure or re-habitation care lacking - Most employer put profit first - Workers compromises their health in order to earn more - Inspection and audit are not of high expectation - Risk assessment policy poor - Many death caused by accident go unnoticed and unreported WAY FORWARD - Union should higher or employ fully time experts to be advising and coming-up with strategic regularly plans to guide - Fully advocacy for decent work campaign - C.B.A S negotiator be vigilant on o.s.h issue. - Training / awareness to sensitize workers on O.S.H. A. - Use of P.P.E in proper way by workers at workplace - Review of O.S.H policy regularly - Establishment of O.S.H injuries and work related disease fund - Job security and fair compensation in case of injury / diseases - Ratification of I.L.O convention - Capacity building centre for workers - Enforcement of O.S.H Law /Act Again, I thank the union in my country for doing a lot and remaining aggressiveness vocal and true friends of the workers at all times and I thank the organizers of this forum for the training.

6 Thank you. KENNETH M MUSUMBA