A/HRC/41/43/Add.2 safety and health inspection, under the Directorate of Occupational Safety and Health Services, working from 8 provincial labour offices and 20 district labour offices. 39 The Working Group learned that the system of inspection lacks the resources to carry out its mandate effectively. This is exacerbated by poor coordination between the labour and the occupational safety and health inspection systems. At times they are located in different premises and have limited exchange of information, and they conduct joint visits only exceptionally.40 In addition, the requirement of prior notification for inspections suppresses the element of surprise and the deterring effect that the inspections can play, in addition to reinforcing the impression of perceived collusion between the Ministry and companies. 41 Beside this, the Working Group observed a lack of information on the results of their visits. County governments stated that closer collaboration between devolved national labour authorities and county governments in conducting inspections may address some of these weaknesses. Occupational safety and health 38. Several cases of severe industrial accidents and labour-related diseases in the agriculture and construction sectors were presented to the Working Group. In these cases, victims were not adequately compensated and some were subsequently laid off. In addition, workers emphasized to the Working Group that often they were not provided with the required safety equipment. Consequently, they were reportedly exposed to chemicals and other hazards, which could have adverse effects on their health. The growing casualization of workers may lead to an increase in industrial accidents and a lack of compensation unless preventive measures are taken. Trade unions and right of assembly 39. An increase is noted in the total number of registered collective bargaining agreements, to 232 in 2017 from 128 in 2016.42 However, the Working Group heard several testimonies from workers who linked their dismissal to joining or forming independent trade unions or demanding that their rights be respected. 43 Casual workers 40. The Working Group learned with concern that the casualization of workers in the private and public sectors would be growing. The lack of social protection for workers and barriers to unionization are issues of concern arising from this trend. Child labour 41. The adoption of the National Policy on Elimination of Child Labour in 2016, the creation of the Child Protection Unit within the Kenya police to investigate cases of child exploitation, and the measures taken to achieve universal free primary and secondary education are key in combating child labour. However, this scourge remains a challenge in Kenya, including for agricultural, domestic, artisanal mining work and in the context of sexual exploitation and sale of children. 44 The creation of mechanisms to monitor the enforcement of the prohibition of child labour should therefore be encouraged. Persons with disabilities 42. While only 1 per cent of persons with disabilities work (see CRPD/C/KEN/CO/1), measures have been taken to foster their access to the labour market, including setting an employment quota of 5 per cent in the public and private sectors, establishing the National 39 40 41 42 43 44 10 Labour Institutions Act, art. 35; and Occupational Safety and Health Act, art. 32. See www.ilo.org/labadmin/info/WCMS_151305/lang--en/index.htm. Occupational Safety and Health Act, art. 32; and Labour Institutions Act, art. 34. Kenya National Bureau of Statics, Economic Survey 2018, p. 52. See www.ilo.org/dyn/normlex/en/f?p=1000:13100:0::NO:13100:P13100_COMMENT_ID: 3342040. See CRC/C/KEN/CO/3-5; and National Plan of Action for Children in Kenya 2015–2022.

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