Introduction 

Casual workers are often deployed into some of the highest-risk parts of an organisation.

They load vehicles, operate production lines, clean machinery, move stock, work at construction sites, handle food, support warehouse operations and perform agricultural or maintenance work.

Yet some employers give casual workers less safety preparation than permanent employees because the assignment is temporary.

That approach is both unsafe and commercially dangerous.

A worker does not become less vulnerable to injury because they are paid daily. An employer’s workplace safety obligations do not disappear because a worker is described as casual, temporary, outsourced or seasonal.

For employers in Kenya, managing this risk requires two complementary systems:

• Prevention under the Occupational Safety and Health Act, 2007; and
• Insurance and compensation under the Work Injury Benefits Act, 2007.

WIBA insurance is important, but insurance alone is not a safety programme. Employers still need risk assessments, induction, competent supervision, appropriate personal protective equipment, reliable attendance records and a clear incident-response process.

WIBA and workplace safety: what is the difference?

Employers sometimes treat WIBA and occupational safety as though they are the same obligation. They are related but perform different functions.

The strongest workforce model addresses both.

An employer should not wait for an accident and then depend on its WIBA insurer. Equally, having an excellent safety programme does not remove the need for valid work-injury insurance.

The official legislation can be reviewed in theOccupational Safety and Health Act and theWork Injury Benefits Act.

Are casual workers covered by WIBA in Kenya?

Employers should not assume that every casual worker is excluded from WIBA.

The Act excludes a person whose employment is casual in natureand who is employed otherwise than for the purposes of the employer’s trade or business.

This is a narrower exclusion than simply saying“casual workers are not covered.”

Where casual workers are engaged to perform work connected to the employer’s operations—such as production, loading, warehousing, cleaning, construction, catering, agriculture or distribution—the employer should not rely on the casual label as a reason to omit them from insurance and safety controls.

The safest approach is to:

• Disclose the casual workforce to the insurer.
• Confirm the occupations being performed.
• Declare the relevant earnings accurately.
• Obtain written confirmation of the scope of cover.
• Review exclusions and reporting requirements.
• Keep an updated list of deployed workers.

Whether a particular individual falls within the statutory definition can depend on the facts of the engagement. Employers should obtain legal and insurance advice where the position is unclear.

The employer’s duty to insure

Section 7 of WIBA requires every employer to obtain and maintain an appropriate insurance policy for liabilities arising under the Act, unless a lawful exemption applies.

For a casual workforce, the policy should reflect:

• The nature of the employer’s business
• The occupations performed by workers
• The locations where work takes place
• Estimated employee earnings
• The number of workers exposed
• The level of workplace risk
• Any use of subcontractors or labour providers

A generic policy may be inadequate if it does not reflect the actual workforce.

For example, an employer insured for office operations should not assume the same declaration automatically covers temporary welders, warehouse loaders or workers operating at height.

Why casual workers can face greater safety risks

Casual workers may face increased risk because they:

• Are unfamiliar with the workplace
• Receive limited induction
• Move between sites frequently
• May be reluctant to report hazards
• Do not always know emergency procedures
• May be assigned unfamiliar equipment
• Can receive instructions from several supervisors
• May not have correctly fitted PPE
• Sometimes work long or irregular shifts
• May not understand the language used during training

Temporary employment therefore requires more deliberate safety preparation—not less.

The worker needs to understand the task, the hazards, the controls, the reporting process and the right person to approach before beginning work.

Employer responsibilities before deploying casual workers

1. Conduct a workplace risk assessment

The employer or workplace occupier should identify hazards associated with the job before deploying workers.

The assessment should consider:

• Machinery and moving equipment
• Manual handling
• Work at height
• Electricity
• Noise and vibration
• Heat, dust, fumes and chemicals
• Vehicles and traffic movement
• Slippery or unstable surfaces
• Fire and emergency risks
• Biological and hygiene hazards
• Lone working
• Fatigue and shift arrangements

The controls should be documented and communicated to the workers and supervisors.

2. Confirm worker competence

Not every available worker is qualified for every assignment.

Employers should verify licences, experience or competence before allowing a casual worker to:

• Operate a forklift
• Drive a company vehicle
• Work at height
• Conduct electrical work
• Operate lifting equipment
• Handle hazardous chemicals
• Weld or perform hot work
• Operate specialised machinery

Urgent deployment should never replace competence verification.

3. Provide a site-specific safety induction

A general orientation is not enough where hazards differ between sites or departments.

The induction should cover:

• The assigned role and work area
• Site hazards
• Safe operating procedures
• Prohibited activities
• Required PPE
• Emergency exits and assembly points
• First-aid arrangements
• Incident and near-miss reporting
• Supervisor and safety contacts
• Stop-work and escalation procedures

Instructions should be delivered in a language and format the worker understands. Demonstrations, pictorial guides and practical checks may be more effective than asking workers to sign a document they have not understood.

4. Issue appropriate PPE

PPE should be based on the risk assessment and the worker’s actual duties.

It may include:

• Safety boots
• Helmets
• Gloves
• Reflective jackets
• Eye protection
• Hearing protection
• Respiratory protection
• Overalls
• Fall-protection equipment
• Food-handling or hygiene wear

The employer should record what was issued, its condition, replacement date and whether the worker was trained to use it.

PPE does not replace hazard elimination, machine guarding, safe procedures or supervision. It is one layer of protection.

5. Confirm WIBA cover before deployment

The employer should not wait for an accident to discover that:

• The policy expired.
• Casual workers were omitted.
• The occupation was incorrectly classified.
• The payroll declaration was understated.
• The particular site or activity was excluded.

Insurance confirmation should form part of deployment readiness.

Safety responsibilities during the assignment

Safety management must continue after induction.

Employers should provide:

• Competent day-to-day supervision
• Toolbox talks and shift briefings
• Functional equipment and machine guards
• Clear work instructions
• Adequate first-aid arrangements
• Safe drinking water and welfare facilities
• Fatigue and working-hours controls
• A system for reporting hazards and near misses
• Immediate correction of unsafe conditions
• Refresher training where duties change

A signed induction form does not protect an employer where unsafe practices are visible and supervisors allow them to continue.

Who is responsible for outsourced casual workers?

Where workers are supplied by a labour outsourcing company, safety responsibilities should be defined clearly between the client and provider.

The precise allocation will depend on the contract and operating model. However, outsourcing does not allow the workplace occupier to ignore unsafe conditions.

Section 6 of the Occupational Safety and Health Act places a broad duty on an occupier to ensure the safety, health and welfare ofall persons working in the workplace.

The service agreement should therefore establish:

• Who provides each category of PPE
• Who conducts general and site-specific induction
• Who supervises daily work
• Who reports an accident
• Who contacts the insurer
• Who keeps the incident file
• Who pays emergency medical costs pending the claim process
• Who implements corrective actions

Unclear responsibility often leads to delays immediately after an accident, when speed and coordination matter most.

What should happen when a casual worker is injured?

Every employer should have a written incident-response process.

Step 1: Provide emergency assistance

The first priority is the worker’s health and safety. Provide first aid, arrange appropriate medical attention and contact emergency services where necessary.

Step 2: Make the area safe

Stop the activity where necessary, isolate dangerous equipment and prevent additional injuries. Preserve the scene where a serious incident requires investigation, unless changes are necessary to rescue someone or remove an immediate danger.

Step 3: Notify the relevant parties

Notify the responsible supervisor, HR or safety representative, senior management, labour provider and insurer according to the incident protocol.

The employer must also comply with statutory reporting obligations under WIBA and occupational safety legislation.

Under WIBA, an employer is generally required to report an accident to the Director in the prescribed manner within seven days after receiving notice of the accident or learning that it occurred.

Serious and fatal incidents may trigger additional or more urgent notification requirements. Employers should contact DOSHS and their insurer immediately instead of waiting for the internal investigation to end.

Step 4: Collect evidence

The incident file should contain:

• Worker’s identification details
• Employment and deployment records
• Date, time and location
• Assigned task
• Attendance record
• Supervisor’s details
• Witness statements
• Photographs or video where appropriate
• PPE issuance records
• Induction and training records
• Medical documents
• Accident notification and claim forms
• Insurer correspondence

Step 5: Investigate the root cause

The purpose of the investigation is not merely to blame the worker.

Ask:

• Was the task planned correctly?
• Was the worker competent?
• Was the hazard identified?
• Was suitable equipment available?
• Was PPE correct and properly used?
• Were instructions understood?
• Was supervision adequate?
• Did fatigue or overtime contribute?
• Had similar near misses occurred?
• Was production pressure overriding safety controls?

Step 6: Implement corrective action

Corrective action may include repairing equipment, changing procedures, retraining workers, improving supervision, issuing different PPE or redesigning the work area.

Step 7: Maintain contact with the worker

The employer or labour provider should communicate with the worker during treatment and recovery, track documents and coordinate appropriate return-to-work arrangements.

Workers should not be threatened, dismissed or discouraged from reporting an injury.

Common WIBA and safety failures

Assuming casual workers are automatically excluded

The legal exclusion is narrower than many employers believe. Workers engaged in the employer’s trade or business should not simply be omitted because they are paid daily.

Buying insurance without reviewing the schedule

The policy must reflect the occupations, workforce and risk. A certificate alone does not confirm that every activity is adequately declared.

Issuing PPE without training

A worker may receive a respirator, harness or hearing protection without knowing how to inspect, fit or use it correctly.

Using one induction for every site

General orientation cannot replace site-specific hazard communication.

Keeping no deployment records

If the employer cannot show that the worker was on duty, where they were assigned or what they earned, the claim process becomes more difficult.

Reporting accidents late

Delays can affect statutory compliance, insurer notification, evidence quality and employee trust.

Blaming the worker without investigating the system

Unsafe behaviour may be influenced by inadequate training, unsuitable tools, poor supervision, fatigue or production pressure.

Treating near misses as unimportant

A near miss is an early warning. Recording and investigating it may prevent a more serious accident.

Essential safety and WIBA records

Employers managing casual workers should maintain:

These records should be consistent. A worker appearing on an accident report but missing from the attendance, payroll or insurance declaration creates an immediate credibility and compliance problem.

The financial cost of poor safety management

The impact of a workplace injury extends beyond the insurance claim.

The employer may incur:

• Emergency transport and treatment costs
• Lost production time
• Replacement-worker costs
• Overtime for other employees
• Equipment downtime
• Investigation expenses
• Legal and professional fees
• Increased insurance premiums
• Regulatory action
• Employee relations problems
• Customer and reputational damage

The better business case is prevention.

Safety expenditure should be included in the true cost of casual labour, rather than treated as an optional cost that can be removed when budgets are tight.

For a broader workforce-management perspective, readCasual Labour Management in Kenya: How to Balance Flexibility, Compliance and Productivity.

Safety indicators management should monitor

Useful casual workforce safety indicators include:

• Percentage of workers inducted before deployment
• Percentage with complete PPE
• Number of toolbox talks completed
• Near misses reported
• Recordable injuries
• Lost-time injuries
• Corrective actions outstanding
• Average time taken to report an incident
• Workers operating without verified competency
• Injury trends by site, shift, supervisor and occupation

Low incident reporting does not always mean a safe workplace. It may mean workers do not know how to report or fear losing future assignments.

How technology strengthens casual workforce safety

Safety records often fail because recruitment, attendance, payroll, PPE and incident information are kept in separate spreadsheets or paper files.

PiPOHRIS can help employers connect:

• Worker identification
• Deployment history
• Induction status
• Training and competency records
• PPE issuance
• Time and attendance
• Emergency contacts
• Incident records
• Supporting documents
• WIBA case tracking
• Corrective-action reporting

This makes it easier to answer critical questions quickly:

• Was the injured worker deployed that day?
• Which site and supervisor were responsible?
• Was the worker inducted?
• What PPE had been issued?
• Was the worker authorised for the task?
• Are similar incidents occurring elsewhere?

Technology does not replace safety leadership, but it gives management a stronger audit trail and better visibility.

Practical employer checklist

Before deploying casual workers, confirm that:

• The work is included in the risk assessment.
• Workers have been identified and documented.
• Required competencies have been verified.
• WIBA insurance is current and appropriately declared.
• Site-specific induction has been completed.
• Suitable PPE has been issued and recorded.
• A competent supervisor has been assigned.
• Emergency and first-aid arrangements are operational.
• Attendance and deployment will be captured.
• Incident-reporting responsibilities are clear.
• Outsourcing responsibilities are documented.

If any answer is no, the workforce may not be ready for safe deployment.

Frequently asked questions

Does WIBA cover casual workers in Kenya?

Casual status does not create an automatic exclusion. The Act’s exclusion concerns casual employment performed otherwise than for the purposes of the employer’s trade or business. Employers should assess the actual work and confirm insurance coverage.

Must an employer insure casual workers?

Where the workers fall within the Act, the employer should include them in appropriate WIBA insurance and accurately declare their occupations and earnings.

Who pays WIBA premiums?

The employer pays the insurance premium. It should not be deducted from the worker’s wages.

Is WIBA the same as medical insurance?

No. WIBA addresses work-related injuries and occupational diseases under the statutory compensation framework. It is not a replacement for ordinary medical cover.

Is PPE enough to meet workplace safety obligations?

No. Employers must also address hazards through risk assessment, safe systems of work, training, competent supervision and appropriate equipment.

Can a casual worker refuse unsafe work?

Workers should be able to report an imminent hazard and escalate unsafe instructions without retaliation. Employers should establish a clear stop-work and reporting procedure.

Who reports an accident involving an outsourced worker?

The service agreement should assign responsibility clearly, but both the labour provider and workplace occupier should act immediately. Statutory and insurer notifications should not be delayed while the parties debate responsibility.

How quickly should a WIBA accident be reported?

WIBA generally requires the employer to report an accident to the Director within seven days after receiving notice or learning of it. Serious incidents should be escalated to DOSHS and the insurer immediately because other notification requirements may apply.

What documents are needed after an injury?

Important records include identification, attendance, deployment, earnings, induction, PPE, medical documents, witness accounts, incident forms and insurer correspondence.

Can an employer dismiss a worker after an accident?

An employer should not punish or intimidate a worker for reporting an injury. Any employment decision must follow the applicable employment law and must not be used to obstruct a legitimate claim.

Build a safer and more accountable casual workforce

Casual workforce flexibility must not be achieved by lowering safety standards.

The strongest employers treat every person entering the workplace as someone who must be properly selected, inducted, equipped, supervised and accounted for.

ACCUREX supports organisations with:

• Casual and outsourced workforce management
• Mass recruitment and worker verification
• Employment documentation
• Workforce induction coordination
• PPE and deployment registers
• Time and attendance management
• WIBA documentation and incident coordination
• Payroll and statutory compliance
• On-site HR and workforce supervision
• Workforce reporting through PiPOHRIS

Talk to ACCUREX about a casual workforce compliance and safety review before your next large deployment.

We can help you assess whether your organisation has:

• Adequate worker records
• Current and appropriate WIBA coverage
• Clear induction and PPE controls
• Defined outsourcing responsibilities
• Reliable incident-reporting procedures
• Complete attendance and payroll evidence
• Technology to manage workers across sites

Contact ACCUREX throughwww.accurex.co.ke or emailinfo@accurex.co.ke.

Our next article will examineIn-House vs Outsourced Casual Workforce Management in Kenya: Which Model Is Right for Your Organisation?

This article provides general information and does not constitute legal, insurance, occupational safety or medical advice. Employers should review their specific workforce, workplace risks, insurance policy and statutory reporting obligations with qualified professionals.