OSH Legislation and OSH Legislation and

Administration and Administration and

EnforcementEnforcementEnforcementEnforcementJefferson C. Palma

11/29/14

Republic of the Philippines

Department of Labor and Employment

VISION & MISSION

Attainment of full, decent and productive

employment for every Filipino worker.

Promote gainful employment opportunities, Promote gainful employment opportunities,

develop human resources, protect workers

and promote their welfare and maintain

industrial peace.

Eleven (11) Attached Agencies

Employees Compensation Commission

Institute for Labor Studies

Maritime Training Council

National Conciliation and Mediation Board

National Labor Relations Commission National Labor Relations Commission

National Maritime Polytechnic

National Wages and Productivity Commission

Occupational Safety and Health Center

Overseas Workers Welfare Administration

Philippine Overseas Employment Administration

Technical Education and Skills Development Authority

6 BUREAUS

Labor and Employment Statistics

Labor Relations

Local Employment

Rural Workers Rural Workers

Women and Young Workers

Working Conditions

What are the Occupational Safety and

Health Standards? OSH Standards are mandatory

rules and standards set and enforced to eliminate or reduce occupational safety and health hazards in the workplace.hazards in the workplace.

Occupational health and safety

is a cross-disciplinary area

concerned with protecting the

safety, health and welfare of

people engaged in work or

employment.

Labor Code of the Philippines

The OSH Standards are mandatory

rules on occupational safety and

health promulgated pursuant to

Article 162, Book IV of the Labor

Code of the Philippines, P.D. 442.Code of the Philippines, P.D. 442.

Art. 162. Safety and health

standards.

Art. 163. Research.

What does safety and health in the

workplace mean?

Safety refers to the physical or environmental

conditions of work which comply with

prescribed (OSH) Standards and which allow

the workers to perform the job without or

within acceptable exposure limit to hazards. within acceptable exposure limit to hazards.

Health means a sound state of the body and

mind of the workers that enables the worker

or employee to perform the job normally.

What is the purpose of OSH

Standards?

OSH Standards aim to provide at least the

minimum acceptable degree of protection

that must be afforded to every worker in

relation to the working conditions and relation to the working conditions and

dangers of injury, sickness or death that may

arise by reason of the worker's occupation.

What is the coverage by the General

OSH Standards?

All establishments, workplaces and other

undertakings are covered, including

agricultural enterprises whether operating for

profit or not, except:profit or not, except:

Residential places exclusively devoted to

dwelling purposes.

Mines which is under the Department lf

Environment and Natural Resources (DENR).

What does right to safe and healthful

conditions of work mean?

It means that the worker shall be assured of

effective protection against the danger of

injury, sickness or death through safe and

healthful working conditions.healthful working conditions.

What is the minimum standard on

safety and health in the workplace?

Appropriate seats, lighting and ventilation;

Adequate passageways, exits and fire fighting

equipment;

Separate facilities for men and women; Separate facilities for men and women;

Appropriate safety devices like protective gears,

masks, helmets, safety boots, coats or first-aid

kits;

Medicines, medical supplies or first-aid kits;

Free medical and dental services and facilities.

What other safety requirements should employers

provide their employees?

Employers must provide their employees with the following

instruments and/or working stations:

Appropriate protective equipment and clothing

A properly designed exhaust system and waste disposal,

local exhaust or general ventilation to keep toxic fumes or local exhaust or general ventilation to keep toxic fumes or

gases, away from workers' breathing zone;

Adequate number of fire extinguishers in the workplace;

Designated safe smoking and welding areas far from

combustible, flammable or explosive materials, containers

filled with explosives or flammable substances, and

containers that have held explosives or flammable

materials;

What safety measures must be observed

within the premises of establishments?

Building premises shall have adequate fire,

emergency or danger signs and safety instructions of

standard colors and sizes visible at all times;

Other visible signs that may be needed to direct the Other visible signs that may be needed to direct the

driver of motorized vehicle such as STOP, YIELD, and

DO NOT ENTER, properly positioned within the

compound of the establishment shall be used to

increase safety especially during the night;

What safety measures must be observed within

the premises of establishments?

Handicapped employees shall be restricted only to

designated workplaces. As far as practicable and

feasible they shall be provided with facilities for safe and

convenient movement within the establishment;

Good housekeeping shall be maintained at all times Good housekeeping shall be maintained at all times

through cleanliness of building, yards, machines,

equipment, regular waste disposal, and orderly

arrangement of process operations, storage and filing

materials;

Adequate dressing rooms, locker rooms, comfort rooms

and lavatories separate for male and female workers

shall be provided.

Who enforces OSH Standards?

The Secretary of Labor and Employment,

through the Regional Director or his other

authorized representative, enforces the OSH

Standards in the exercise of visitorial and Standards in the exercise of visitorial and

enforcement powers.

What is visitorial power?

refers to the authority to conduct inspections or investigations in the premises of an employer at any time of the day or night whenever work is being undertaken.

necessary to determine violations or to enforce the rights of workers under the Labor Code.

Under this power, the employer may be required to submit reports and other documents to determine any violation.

What is enforcement power?

Refers to the authority of the Secretary or

the Regional Director to order an erring

employer, after due notice and hearing,

to comply with labor standards and issue to comply with labor standards and issue

a writ of execution in case of non-

compliance.

How are these Standards enforced?

Inspectorate system - every employer shall provide to the Secretary or to his/her duly authorized representative access to its premises or records at any time of the day or night whenever there is work to determine night whenever there is work to determine and effect compliance.

Every establishment or workplace shall be inspected at least once a year.

If a worker or representative of workers or any

concerned person believes that such a violation

of the OSH Standards exists which threatens

with physical harm or poses imminent danger

to life, what shall he do to correct the danger?

The said worker or workers representative shall

request the RO for an inspection of their area

by giving full particulars or details regarding

such violation or danger.

What does the Regional Office do in

such a case?

The Regional Office evaluates the report and

conducts a special inspection or investigation

immediately in the subject establishment. The

complainant is notified in writing of the complainant is notified in writing of the

outcome of such investigation.

Rules of the Occupational Safety and Health Standards

1000 General Provisions1010 Other Safety Rules1020 Registration1030 Training & Accreditation1040 Health & Safety Committee1050 Notification & Keeping of

Occ. Illnesses & Injuries

1160 Boiler1170 Unfired Pressure Vessels1180 Internal Combustion Engine*1200 Machine Guarding1210 Electrical Safety1220 Elevators & Related

Occ. Illnesses & Injuries1060 Premises of Establishments1070 Environmental Control1080 Personal Protective Equipment1090 Hazardous Materials

Equipment1230 Identification of Piping System1240 Power Piping Lines *1410 Construction Safety1420 Logging1940 Fire Protection & Control1950 Pesticides & Fertilizers1960 OH Services1970 Fees1980 Authority of LGUs1990 Final Provisions

1100 Gas & Electric Welding & Cutting Operations

1120 Hazardous Work Processes1140 Explosives1150 Materials Handling & Storage

What are the duties and responsibilities of the

employers and the employees in relation to

enforcement and compliance with OSH Standards in

the workplace?

Rule 1005: DUTIES OF EMPLOYER

Furnish his workers a place of employment free from hazardous conditions. from hazardous conditions.

Comply with the requirements of the Standards.

Give complete job safety instruction to all his workers

Use only approved devices and equipment in his workplace.

DUTIES OF THE EMPLOYERS

Adopt administrative policies on safety in

accordance with the provisions of the

Standards;

Report to the Regional Director or his/her duly Report to the Regional Director or his/her duly

authorized representative the policies

adopted and the safety organization

established;

DUTIES OF THE EMPLOYERS

Submit reports to the Regional Director or

his/her duly authorized representative once in

every three months on the safety

performance, safety committee meetings and performance, safety committee meetings and

its recommendations and measures taken to

implement the recommendation;

Act on recommended safety measures;

Provide access to appropriate authorities.

Rule 1005: DUTIES OF EMPLOYEES

Cooperate with the employer in carrying out

the provisions of the Standards.

Report any work hazard to his/her supervisor

Follow all instructions by the employer in Follow all instructions by the employer in

compliance with the OSHS provisions

Make proper use of all safeguards and safety

devices.

Rule 1005: DUTIES OF EMPLOYEES

Follow safety policies;

Report unsafe conditions and practices to the

Supervisor;

Serve as member of the Health and Safety Serve as member of the Health and Safety

Committee;

Cooperate with Health and Safety Committee;

Assist government agencies in the conduct of

safety and health inspection.

General Provisions (Rule 1010)

DUTIES OF OTHER PERSONS

Any person including builders or contractors,

who visits, builds, innovates or installs devices

in establishments or workplaces shall comply in establishments or workplaces shall comply

with the provision of OSHS rules and all

regulations issued by the employer in

compliance with the Standards and other

issuances of the Secretary.

Rule 1020 - Registration

Every employer shall register his/her business with the Regional Labor Office or authorized representative to provide the DOLE with information as guide in its enforcement activities.activities.

Free of charge

Valid for lifetime, except when there is change in name, location, ownership; opening after previous closing

A workplace is deemed hazardous if:

The nature of the work exposes workers to dangerous environmental elements, contaminants or work conditions,

The workers are engaged in construction work, logging, fire-fighting, mining, quarrying, blasting, stevedoring, dock work, deep-sea fishing and mechanized farmingdock work, deep-sea fishing and mechanized farming

The workers use or are exposed to heavy or power-driven machinery or explosive powder-actuated equipment

The workers are engaged in the manufacture or handling of explosives and other pyrotechnic products

The workers use or are exposed to biological agents.

considered highly hazardous workplace" Petrochemical works and refineries;

Chemical works and chemical production plants;

LPG storage and materials;

Stores and distribution center for toxic/hazardous

chemicals;

Large fertilizer stores; Large fertilizer stores;

Explosives factories;

Works in which chlorine is used in bulk;

Activities closely similar to the activities enumerated

above;

Activities as determined by the Bureau in accordance

with existing issuances related to classification of

establishments

Rule 1030 - Training and Accreditation

of Personnel in OSH

Employer to appoint a safety officer on a full-time or part-time basis depending on the type of workplace (whether hazardous or non-hazardous) and number of workers in the workplace. workplace.

Rule 1030 - Training and Accreditation

of Personnel in OSH

All Safety Officers must complete the Bureau

prescribed Training Course

A full-time safety officer must be duly accredited

by the BWC.by the BWC.

ACCREDITATION PROGRAM OF DOLE

OSH PRACTITIONER

Completion of Prescribed 40-Hour BOSH training

from a DOLE accredited or recognized

organizations.

Relevant experience in OSHRelevant experience in OSH

Three (3) years experience if applicant is duly licensed by

PRC

Four (4) years experience if applicant is a graduate of any 4

or 5 year college course without PRC license.

Ten (10) years experience if applicant is a college

undergraduate

What are the requirements for What are the requirements for

Accreditation?Accreditation?

Duly accomplished Application Form (DOLE-BWC-AF-PCN-A1).

Updated Original Certificate of employment

Original actual functions/job description duly signed by the employer or authorized official of signed by the employer or authorized official of the company.

Photo copy of previous employment certificate (if necessary)

Photo copy of Certificate of Completion on the 40-Hour Bureau prescribed BOSH training course from DOLE-BWC Accredited STOs

What are the requirements for What are the requirements for

Accreditation?Accreditation?

Photo copy of Certificate of Attendance/ Participation to other OSH related trainings/ seminars from DOLE accredited / recognized organizations/institutions

Photo copy of college diploma, transcript of Photo copy of college diploma, transcript of records and/or PRC license, if any

Proof of applicants achievements/ accomplishments/participation on OSH

( i.e. awards/recognitions, reports, programs prepared and submitted)

Validity and Renewal of Accreditation

Accreditation shall be valid for three (3) years

and shall be renewed upon compliance with

minimum requirements pursuant to D.O. 16,

unless suspended, cancelled or revokedunless suspended, cancelled or revoked

Accreditation shall be renewed within the

prescriptive period of 30 calendar days prior

to expiration thereof.

RULE 1040 - Health and Safety

Committee

What is a Safety and Health Committee?

is a group of employees or workers and

management that plans and makes policies in management that plans and makes policies in

all matters pertaining to safety and health in

the workplace.

All establishments are required to have a

Safety and Health Committee.

When shall an establishment organize

a Safety and Health Committee?

In every workplace, a Safety and Health

Committee shall be organized within sixty

days after the Standards take effect, and for

new establishments, within one month from new establishments, within one month from

the date business starts operating. In both

cases the Safety and Health Committee shall

reorganize every January of the following year.

What are the types and composition

of a Safety and Health Committee?

What are the duties of the Safety and

Health Committee?

Plan and develop accident prevention programs in the workplace;

Inspect workplace to detect unsafe conditions;

Review reports of inspection, results of accident investigations and implementation of accident

Review reports of inspection, results of accident investigations and implementation of accident prevention program;

Conduct safety meetings at least once a month;

Submit reports to the manager/owner on its meetings and activities;

What are the duties of the Safety and

Health Committee?

Provide necessary assistance to government inspecting authorities in the proper conduct of activities relating to enforcement of the provisions of the Standards;

Train workers in safe work habits and procedures; Train workers in safe work habits and procedures;

Develop and maintain a disaster contingency plan and organize such emergency service units as may be necessary to handle disaster situations pursuant to the Emergency Preparedness Manual for Establishments of the Office of Civil Defense.

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