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:
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.
Area | Main purpose |
Occupational Safety and Health Act | Prevents workplace injuries and diseases by requiring employers and workplace occupiers to manage hazards and protect people at work |
Work Injury Benefits Act | Provides a framework for insurance, reporting and compensation when an employee is injured, becomes ill or dies because of work |
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 the Occupational Safety and Health Act and the Work 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 nature and 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:
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 wider legal position of casual employees under Kenyan law is set out in our employer guide.
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:
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:
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:
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:
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:
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:
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:
Insurance confirmation should form part of deployment readiness.
Safety responsibilities during the assignment
Safety management must continue after induction.
Employers should provide:
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.
Labour provider responsibilities | Client or workplace occupier responsibilities | Shared responsibilities |
Worker recruitment and documentation | Safe workplace and equipment | Induction planning |
Employment and payroll records | Site risk assessment | Incident communication |
WIBA policy confirmation | Site-specific PPE requirements | Worker training records |
General worker orientation | Operational supervision | Return-to-work coordination |
Employment-related communication | Emergency response | Investigation and corrective action |
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 of all persons working in the workplace.
The service agreement should therefore establish:
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:
Step 5: Investigate the root cause
The purpose of the investigation is not merely to blame the worker.
Ask:
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:
Record | Why it matters |
Verified worker register | Confirms the identity and status of deployed workers |
Attendance and deployment log | Shows who worked, where and when |
Risk assessments | Demonstrates that hazards were identified and controls planned |
Induction register | Records the training provided before deployment |
Competency and licence records | Confirms authorisation for specialised work |
PPE issuance register | Shows what protection was provided and when |
Toolbox-talk records | Demonstrates continuing safety communication |
Incident and near-miss register | Supports investigation, trend analysis and prevention |
Medical and claim documents | Supports WIBA processing and case tracking |
WIBA policy and declarations | Confirms insurance and declared workforce exposure |
Corrective-action tracker | Shows that identified failures were addressed |
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:
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, read Casual Labour Management in Kenya: How to Balance Flexibility, Compliance and Productivity.
Safety indicators management should monitor
Useful casual workforce safety indicators include:
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:
This makes it easier to answer critical questions quickly:
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:
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. Lawful deductions are explained in our guide to casual worker pay and statutory deductions.
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:
We can help you assess whether your organisation has:
Contact ACCUREX through www.accurex.co.ke or email info@accurex.co.ke.
Continue with In-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.
Related Reading
Casual Workers in Kenya: What Employers Need to Know About Contracts, Pay, Rights and Compliance
The True Cost of Casual Labour in Kenya: What Employers Often Leave Out of Their Budgets
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