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Module 1 - Introduction To OSH

Module 1 of the Occupational Safety and Health (OSH) training introduces the significance of OSH in the workplace, the current OSH situation in the Philippines, and key legislative provisions including RA 11058 and DO 198-18. It emphasizes the government's responsibility to ensure safe working conditions and outlines the roles of various organizations involved in OSH. The module also details the definitions of terms, types of establishments, and the importance of compliance with OSH standards.

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0% found this document useful (0 votes)
53 views66 pages

Module 1 - Introduction To OSH

Module 1 of the Occupational Safety and Health (OSH) training introduces the significance of OSH in the workplace, the current OSH situation in the Philippines, and key legislative provisions including RA 11058 and DO 198-18. It emphasizes the government's responsibility to ensure safe working conditions and outlines the roles of various organizations involved in OSH. The module also details the definitions of terms, types of establishments, and the importance of compliance with OSH standards.

Uploaded by

bivmcrso
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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MODULE 1:

INTRODUCTION TO OSH
Section 16 (b) of RA 11058 and Section 3 of DO 198-18
Objectives & Topics
MODULE 1: INTRODUCTION TO OSH

 To know the importance of Occupational Safety &


Health (OSH) in Workplace
 OSH Situation in the Philippines
 To explain the Salient Provisions of OSH
Legislations
● RA 11058 and IRR DO 198-18
● OSH Standards as amended including provisions of
PD 626
● Company OSH Policy and Program
Why the need for occupational safety and health?
MODULE 1: INTRODUCTION TO OSH

Every worker has


the right to a SAFE
and HEALTHY
workplace!
Safety and Health at Work in the Philippines
MODULE 1: INTRODUCTION TO OSH

 The Philippine Statistics Authority (PSA) announced today that based


on the 2020 Census of Population and Housing (2020 CPH), the total
population of the Philippines as of 01 May 2020 is at 109,035,343.

 The median age in the Philippines is 25.7 years, based on Worldometer


(United Nations data).

 Based on the International Labour Organization (ILO) of the


Philippines - Occupational accidents and diseases cause human suffering
and loss. Their economic cost is high, with some 2 million workers dying
each year from work-related accidents and diseases, and the figure is
on the increase in spite of efforts to make inroads.

 The Philippine Government estimates that 2.2 million Filipino workers in


medium and large enterprises enjoy effective occupational safety and
health (OSH) protection and services. In other words, 17 of 18 persons
in the nation’s workforce of 38.8 million do not benefit from
acceptable working conditions.
Department Of Labor & Employment (Dole)
MODULE 1: INTRODUCTION TO OSH
P.D. 442 Labor Code Of The Philippines
MODULE 1: INTRODUCTION TO OSH

 PD 442, Chapter II, Art. 162 - The Secretary of


Labor shall, by appropriate order, set & enforce
mandatory OSH Standards to eliminate or reduce
OSH hazards in all workplaces, & institute new &
update existing programs to ensure safe & healthful
working conditions in all places of employment.
 Chapter 1: Medical & Dental Services
 Chapter 2: Occupational Safety

 Policy Framework

 Art. 162 – Mandatory OSH Standards


 Art. 164 – OSH Trainings
 Art. 165 – Administration and enforcement
 Art. 128 – Visitorial and enforcement power
Osh Legislation
MODULE 1: INTRODUCTION TO OSH

Phillippine Constitution Occupational Safety and


of the Phillipines 1987 PD 442, Book IV, Title 1
(Labor Code of the Health Standards (OSHS)
The Supreme Law of the Philippines) A set of mandatory rules on
Philippines OSH which codifies all
Chapter 1: Medical & Dental Services safety orders issued prior to
The prime duty of the
government is to serve and Chapter 2: Occupational Safety its promulgation.
protect the people.
OSH System In The Philippines
MODULE 1: INTRODUCTION TO OSH

 OSH – Occupational Safety & Health


 OSHC - Occupational Safety & Health Center
OSHC BWC (research, testing, training & accreditation)
 DOLE – Department of Labor & Employment (workers
welfare, employment opportunities, development and
utilization of manpower)
BWC – Bureau of Working Conditions (is a staff
OSH bureau of DOLE performing policy and program
development for the department in the administration
and enforcement of laws relating to working conditions.
 ECC – Employees Compensation Commission (to
ECC DOLE provided workers and their dependents with adequate
benefits and rehabilitation in other related services in
the event of work-connected accident, injury, illness
and death)
Occupational Safety & Health Standards (OSHS)
MODULE 1: INTRODUCTION TO OSH

OSHS Rules 1220 Elevators & Related Equipment


1000 General Provisions
1010 Other Safety Rules 1230 Identification of Piping System
1020 Registration 1240 Power Piping Lines
1030 Training & Accreditation 1410 Construction Safety
1040 Health & Safety Committee 1420 Logging
1050 Notification & Keeping of 1940 Fire Protection & Control
Occupational Illnesses & Injuries 1950 Pesticides & Fertilizers
1060 Premises of Establishments 1960 OH Services
1070 Environmental Control
1080 Personal Protective Equipment 1970 Fees
1090 Hazardous Materials 1980 Authority of Local Government
1100 Gas & Electric Welding & Cutting 1990 Final Provisions
Operations
1120 Hazardous Work Processes
1140 Explosives
1150 Materials Handling & Storage
1160 Boiler
1170 Unfired Pressure Vessels
1180 Internal Combustion Engine*
1200 Machine Guarding
1210 Electrical Safety
Rule 1020 – Registration Of Establishment
MODULE 1: INTRODUCTION TO OSH

 PERIOD OF REGISTRATION
 New establishments shall register WITHIN
THIRTY (30) DAYS BEFORE OPERATION

 REGISTRATION
 Accomplish and submit the form “DOLE-
BWC-IP-3” in three copies and to be
submitted to the Regional Labor Office;
 FREE of CHARGE
 Attached: Lay-out plan

 VALIDITY
 Valid for LIFETIME
 EXCEPT when there is a change in the
Business name, location, ownership and
opening after previous closing.
OSH Laws & Issuances On Occupational Health
MODULE 1: INTRODUCTION TO OSH

 DEPARTMENT ORDER NO. 13 SERIES OF 1998


 Guidelines Governing Safety & Health in the Construction Industry
 DEPARTMENT ORDER NO. 128
 Amending Rule 1414 on Scaffolding
 DEPARTMENT ORDER NO. 136-14
 Guidelines for the implementation of GHS in
chemical safety program in the workplace

 ISSUANCES ON OCCUPATIONAL HEALTH


1. DOLE DA 05-10 – Hepatitis B in the Workplace
2. EO 187; DOLE DO 73-05 – TB in the Workplace
3. DOLE DO 53-03 – Drug Free Workplace
4. RA 7877 – Anti-Sexual Harassment
5. RA 8504; DOLE DO 102-10; DOLE MC 2-00 – HIV
/ AIDS in the Workplace
6. RA 10028 – Lactation in the Workplace
7. DO 178-17 – Prolonged standing at work
8. DO 184-17 – Prolonged sitting at work
9. RA 11036 - Mental health services in the
workplace and Healthy lifestyle;
OSH Laws & Issuances
MODULE 1: INTRODUCTION TO OSH

DEPARTMENT ORDER NO. 198


Series of 2018
“IMPLEMENTING RULES AND REGULATIONS OF REPUBLIC
ACT NO. 11058 ENTITLED “AN ACT STRENGTHENING
COMPLIANCE WITH OCCUPATIONAL SAFETY AND HEALTH
STANDARDS AND PROVIDING PENALTIES FOR
VIOLATIONS THEREOF”
BUREAU OF WORKING CONDITIONS
Department of Labor and Employment
Getting To Know R.A. 11058
MODULE 1: INTRODUCTION TO OSH

 R.A. 11058 “An Act Strengthening Compliance to the Occupational Safety


LAW and Health Standards and Providing for Penalties for Violations Thereof’

SIGNED  AUGUST 17, 2018 / Signed into law by President Rodrigo Roa Duterte

 SENATOR JOEY VILLANUEVA


AUTHOR

 The law (R.A. 11058) was published in Manila Bulletin on August 22, 2018
PUBLISHED  DOLE IRR in the form of DO198-18 was published in Philippine Star on January 9, 2019

 The IRR became effective on January 25, 2019, 15 days after publication
EFFECTIVITY from the said newspaper as per legal requirements
CHAPTER 1 DECLARATION OF POLICY
DO 198-18 IRR NO. 11058 – SECTION 1. DECLARATION OF POLICY

 The State affirms labor as a primary social and economic force, and
that a safe and healthy workforce is an integral aspect of nation
building.

 The State shall ensure a safe and healthful workplace for all
working people by affording them full protection against all
hazards in their work environment. and internationally-recognized
standards on OSH are being fully enforced and complied with by the
employers, and it shall provide penalties for any violations thereof.

 The State shall protect every worker against injury, sickness or


death through safe and healthful working conditions for the
prevention of loss or damage to lives and properties.

 It shall promote strict but dynamic, inclusive, and gender-


sensitive measures in the formulation and implementation of
policies and programs related to OSH.
CHAPTER 2 GENERAL PROVISIONS
DO 198-18 IRR NO. 11058 – SECTION 2. COVERAGE

 The Rule shall apply to all establishments, projects and sites and all other places
where work is being undertaken in all branches of economic activity, including:

a) Establishments located inside special economic zones and other


investment promotion agencies (e.g., Philippine Economic Zone Authority
[PEZA], Clark Development Corporation [CDC]);
b) Utilities engaged in air, sea, and land transportation;
c) Industries such as mining, fishing, construction, agriculture, and maritime

 Contractors and subcontractors including those engaged in the projects of the


public sector

 NOTE: The Rules does not apply to the public sector such as national
government agencies, government-owned and controlled corporations with
original charters, government financial institutions, state universities and colleges
and local government units
CHAPTER 2 GENERAL PROVISIONS
DO 198-18 IRR NO. 11058 – SECTION 3. DEFINITION OF TERMS

 CERTIFIED FIRST-AIDER – any person trained and duly


certified to administer first aid by the Philippine Red Cross
(PRC) or any organization authorized by the DOLE Secretary.

 COMPETENCY STANDARDS – industry-determined


specifications of proficiency required for effective work
performance.

 COVERED WORKPLACES – establishments, projects, sites


and all other places where work is being undertaken wherein
the number of employees, nature of operations and risk or
hazard involved in the business as determined by the Secretary
of Labor and Employment, require compliance with the
provisions of DO 198-18
CHAPTER 2 GENERAL PROVISIONS
DO 198-18 IRR NO. 11058 – SECTION 3. DEFINITION OF TERMS

 DEPARTMENT OF LABOR AND EMPLOYMENT (DOLE) -


ACCREDITED TRAINING ORGANIZATIONS – refer to those
which have been granted accreditation by DOLE pursuant to
Department Order No. 16, s. 2001.

 EMPLOYER – any person, natural or juridical, including the


contractor, subcontractor, and principal employer who directly or
indirectly benefit from the services of the employee.

 EQUIPMENT – any machine with engine or electric motor as


prime mover.

 GENERAL SAFETY AND HEALTH INSPECTION – an


examination of the work environment, including the location and
operation of machinery other than those covered by technical
safety audits, ventilation, and other possible sources of safety and
health hazards.
CHAPTER 2 GENERAL PROVISIONS
DO 198-18 IRR NO. 11058 – SECTION 3. DEFINITION OF TERMS

 HIGH RISK ESTABLISHMENT – refers to a workplace wherein the


presence of hazard or potential hazard within the company may affect the
safety and/or health of workers The following are workplaces commonly
associated with potentially high-risk activities:.

1. Chemical works and chemical 11. Power generation, transmission and


production plants; distribution in the energy sector;
2. Construction; 12. Storage and distribution center for toxic or
3. Deep sea fishing; hazardous chemicals;
4. Explosives and pyrotechnics factories; 13. Storage of fertilizers in high volume;
5. Firefighting; 14. Transportation;
6. Healthcare facilities; 15. Water supply, sewerage, waste management,
7. Installation of communication remediation activities;
accessories, towers and cables; 16. Works in which chlorine is used in bulk; and
8. LPG filling, refilling, storage and 17. Activities closely similar to those enumerated
distribution; above and other activities as determined by
9. Mining; DOLE in accordance with existing issuances
10. Petrochemical works and refineries; on the classification of establishments.
CHAPTER 2 GENERAL PROVISIONS
DO 198-18 IRR NO. 11058 – SECTION 3. DEFINITION OF TERMS

 IMMINENT DANGER – a situation caused by a condition or


practice in any place of employment that could reasonably be
expected to lead to death or serious physical harm.

 LOW RISK ESTABLISHMENT – a workplace where there is low


level of danger or exposure to safety and health hazards and not
likely or with low probability to result in accident, harm or illness.

 MEDIUM RISK ESTABLISHMENT – a workplace where there is


moderate exposure to safety and health hazards and with
probability of an accident, injury or illness.

 MICRO AND SMALL ENTERPRISES (MSES) – establishments


employing less than 10 employees and the establishments
employing less than 100 employees, respectively, regardless of
capitalization.
CHAPTER 2 GENERAL PROVISIONS
DO 198-18 IRR NO. 11058 – SECTION 3. DEFINITION OF TERMS

 OCCUPATIONAL HEALTH PERSONNEL – a qualified first-aider,


nurse, dentist or physician engaged by the employer to provide
occupational health services in the establishment, project site or
workplace.
 OCCUPATIONAL SAFETY AND HEALTH (OSH) CONSULTANT –
a qualified Safety Officer 4 or its equivalent, duly certified by DOLE to
perform and/or render consultative services on OSH in at least 2
fields of specialization as determined by DOLE.

 OCCUPATIONAL SAFETY AND HEALTH (OSH) PRACTITIONER –


a qualified Safety Officer 3 or its equivalent, duly certified by DOLE to
render occupational safety and health services in a defined and
specific scope or core competency.

 OCCUPATIONAL SAFETY AND HEALTH (OSH) STANDARDS – a


set of rules issued by DOLE which mandates the adoption and use of
appropriate practices, means, methods, operations or processes, and
working conditions to ensure safe and healthful employment.
CHAPTER 2 GENERAL PROVISIONS
DO 198-18 IRR NO. 11058 – SECTION 3. DEFINITION OF TERMS

 PERSONAL PROTECTIVE EQUIPMENT (PPE) – a specialized


clothing or equipment designed to protect workers against safety and
health hazards that may cause serious workplace injuries and illnesses.

 SAFETY AND HEALTH AUDIT – a regular and critical examination of


project sites, safety programs, records, and management performance
on program standards on safety and health conducted by the safety
officer.
 SAFETY AND HEALTH COMMITTEE – a body created within the
workplace tasked with the authority to plan, develop and implement OSH
policies and programs, monitor and evaluate the OSH program, and inspect
and investigate all aspects of the work pertaining to safety and health of
workers.

 SAFETY AND HEALTH PROGRAM – a set of detailed rules to


govern company policies, processes and practices in all economic
activities to conform with OSH standards.
CHAPTER 2 GENERAL PROVISIONS
DO 198-18 IRR NO. 11058 – SECTION 3. DEFINITION OF TERMS

 SAFETY OFFICER – any employee or officer of the company trained


by DOLE or DOLE-Accredited Training Organization and tasked by the
employer to implement an OSH program

 Safety Officer 1 (SO1) – an employee who has completed the


mandatory 8-hour OSH orientation course as prescribed in the OSH
standards and 2-hour trainer’s trainings.
 Safety Officer 2 (SO2) – an employee who has completed the
mandatory forty 40-hour OSH training course applicable to the
industry as prescribed in the OSH standards.
 Safety Officer 3 (SO3)
- 40-hour OSH training course applicable to the industry
- additional 48 hours of advanced/ specialized OSH training course
- at least 2 years experience in OSH
 Safety Officer 4 (SO4)
- 40-hour OSH training course
- 80 hours of advanced/ specialized Occupational Safety training course
- aggregate of 320 hours of OSH related training or experience
- Actual experience as SO3 for at least (4) years
CHAPTER 2 GENERAL PROVISIONS
DO 198-18 IRR NO. 11058 – SECTION 3. DEFINITION OF TERMS

 SAFETY SIGNAGE – any emergency, warning or danger signpost


using the standard colors and sizes, including the standard symbols
for safety instructions and warnings in the workplace.

 WORKPLACE – any site or location where workers need to be


present or to go to by reason of their work, and which are under the
direct or indirect control of the employer

 WORKER – any member of the labor force, regardless of


employment status.

 WORKERS’ OSH SEMINAR – the mandatory 8-hour module


conducted by the safety officer of the workplace as prescribed by the
OSH standards.
CHAPTER 3 DUTIES AND RIGHTS
DO 198-18 IRR NO. 11058 – SECTION 4. DUTIES AND RIGHTS OF EMPLOYERS, WORKERS AND ANOTHER PERSON

a) DUTIES OF EMPLOYERS – Every employer, contractor or


subcontractors, if any, and any person who manages, controls or
supervises the work being undertaken shall:

1. Equip a place of employment for workers free from hazardous conditions that are
causing or are likely to cause death, illness, or physical harm.
2. Provide complete job safety instructions to all the workers, including, but not
limited to, those relating to familiarization with their work environment.
3. Ensure that the chemical, physical and biological substances and agents, and
ergonomic and psychosocial stresses under control are without risk to health.
4. Use only approved specific industry set of standards of devices and equipment
for the workplace.
5. Comply with OSHS including training, medical examination, and where necessary,
provisions on protective and safety devices such as PPE and machine guards.
6. Make arrangement for workers and their representatives to have the time and
resource to participate in the processes of organizing, planning and
implementation, monitoring, evaluation and action for improvement of the OSH
management system.
7. Provide, where necessary, for measures identifying trainings and drills,
evacuation plans, etc. to deal with emergencies, fires and accidents including
first-aid arrangements.
8. Comply with all reportorial requirements of the OSH standards.
9. Register establishment to DOLE as provided under the OSH standards
CHAPTER 3 DUTIES AND RIGHTS
DO 198-18 IRR NO. 11058 – SECTION 4. DUTIES AND RIGHTS OF EMPLOYERS, WORKERS AND ANOTHER PERSON

b) DUTIES OF WORKERS – Every worker, in order to ensure compliance with OSH


standards shall:
1. Participate in capacity building activities on safety and health and other OSH
related topics and programs.
2. Proper use of all safeguards and safety devices furnished for workers’ protection
and that of others
3. Comply with instructions to prevent accidents or imminent danger situations in
the workplace
4. Observe prescribed steps to be taken in cases of emergency
5. Report to their immediate supervisor any work hazard that may be discovered in
the workplace

c) DUTIES OF OTHER PERSONS – Any other person, including the builder or


contactor who visits, builds, renovates or installs devices or conducts business in
any establishments or workplace, shall comply with the provisions of this Rules and
all other regulations issued by the Secretary of Labor and Employment.
 Whenever 2 or more undertakings are engaged in activities simultaneously in one
1 workplace, it shall be the duty of all concerned to collaborate and cooperate to
ensure compliance with OSH standards and regulations.
CHAPTER 3 DUTIES AND RIGHTS
DO 198-18 IRR NO. 11058 – SECTION 5. WORKERS RIGHT TO KNOW

 The right to safety and health at work shall be guaranteed. All


workers shall be appropriately informed by the employer about all
types of hazards in the workplace, and provided access to training
and education on chemical safety and to orientation on data sheet of
chemical safety, electrical safety, mechanical safety, ergonomics, and
other hazards and risks.

 All workers, including new hires, shall be provided training and


information for all types of hazards in the workplace in a language
and dialect that workers can understand.

 A re-orientation on safety and health for workers in high risk


establishments must be conducted regularly, not less than once a
quarter, and to be conducted immediately following any changes in
the operations and production process.
CHAPTER 3 DUTIES AND RIGHTS
DO 198-18 IRR NO. 11058 – SECTION 6. WORKERS RIGHT TO REFUSE UNSAFE WORK

 The worker has the right of refusal to work without threat or reprisal
from the employer if, as determined by DOLE, an IMMINENT DANGER
SITUATION EXISTS.

 As a preventive measure, the safety officer may, following his/her own


determination and without fear of reprisal, implement a work stoppage or
suspend operations in cases of imminent danger.

 The employer or safety officer cannot require the workers to return to work
where there is a continuing imminent danger.

 A worker may also refuse to work until the lifting of the Work Stoppage
Order (WSO) after implementing the appropriate corrective measures.

 Workers affected by the existence of an imminent danger situation may be


temporarily assigned to other areas within the workplace provided there is
no impending issue with safety and health.

 Section 24 of this Rules shall apply during the period of such WSO or
suspension of operations due to an imminent danger situation.
CHAPTER 3 DUTIES AND RIGHTS
DO 198-18 IRR NO. 11058 – SECTION 7. WORKERS RIGHT TO REPORT ACCIDENTS

Workers and their representatives shall have the right to report


accidents, dangerous occurrences, and hazards to the
employer, to DOLE and to other concerned competent
government agencies.

Reporting of accidents to DOLE may be made through any


means of communication, including the DOLE hotline,
whichever is most convenient to the worker. The same may be
reported to the nearest DOLE Regional, Field, Provincial or
Satellite Office having jurisdiction over the place of the incident.
CHAPTER 3 DUTIES AND RIGHTS
DO 198-18 IRR NO. 11058 – SECTION 8. WORKERS RIGHT TO PERSONAL PROTECTIVE EQUIPMENT (PPE)

 Every employer, contractor or subcontractor, if any, shall provide his/her workers,


free of charge, PPE for any part of the body that may be exposed to hazards, and
lifeline, safety belt or harness, gas or dust respirators or masks, and protective shields
whenever necessary by reason of the hazardous work process or environment,
chemical, radiological, mechanical, and other irritants or hazards capable of causing
injury or impairment in the function of any part of the body through absorption, inhalation
or physical contact.

 All PPE shall be of the appropriate type as tested and approved by the DOLE based on
its standards and/or other means of verification.

 The usage of PPE in all establishments, projects, sites and all other places where work
is being undertaken shall be based on the evaluation and recommendation of the safety
officer.

 All PPE must be of appropriate size, weight, and type to specific workers exposed to
hazards from which PPE are meant to ensure effective protection.

 Failure to provide appropriate PPE in high risk activities shall give rise to the right of
the worker to refuse unsafe work.
CHAPTER 3 DUTIES AND RIGHTS
DO 198-18 IRR NO. 11058 – SECTION 9. SAFETY SIGNS AND DEVICES

All establishments, projects, sites and all other places where


work is being undertaken shall have safety signage and
devices to warn the workers and the public of the hazards in
the workplace.

Safety signage and devices shall be posted in prominent


positions at strategic locations in a language understandable
to all, and in accordance with the OSH standards on color of
signs for safety instructions and warnings, Globally
Harmonized System (GHS) pictograms, construction safety,
classification and labelling of chemicals, radiation, safety
instructions and warning signs, set by DOLE.
CHAPTER 3 DUTIES AND RIGHTS
DO 198-18 IRR NO. 11058 – SECTION 10. SAFETY USE OF EQUIPMENT

In relation to the use of equipment such as but not limited to


earth moving equipment, heavy duty equipment's, material
handling equipment and construction equipment. The Employer,
Contractor or subcontractor, if any, must comply with the OSH
standards set by DOLE on safety and use of such equipment in
the different phases of the company or project operation
including the transport to and from the establishment, project,
site or place where work is being undertaken.
Appropriate training and certification by the Technical
Education and Skills Development Authority (TESDA),
Professional Regulation Commission (PRC) or other concerned
government agency shall be a requirement for operators before
use of equipment, if applicable.
CHAPTER 3 DUTIES AND RIGHTS
DO 198-18 IRR NO. 11058 – SECTION 11. OCCUPATIONAL SAFETY & HEALTH INFORMATION

The employer, contractor or subcontractor, if any, shall


provide the workers in all establishments, projects and all
other places where work is being undertaken adequate
and suitable information on the following:
a) Workplace hazards and the risk posed on the safety and health of the
workers such as chemical safety data sheets;
b) Control mechanisms in place that reduces or minimizes the risk of
exposure to hazards and other preventive strategies
c) Appropriate measures, including the probable location of workers, for
the prevention, control and protection against those hazards; and
d) Emergency and disaster management protocols including proper
evacuation and shut-down procedures.

Information materials shall be revised regularly by the


OSH committee.
CHAPTER 4 COVERED WORKPLACES
DO 198-18 IRR NO. 11058 – SECTION 12. OCCUPATIONAL SAFETY & HEALTH PROGRAM (OSHP)

 Covered workplaces shall developed and implement a suitable OSH program in a format prescribed by DOLE:

 The establishment shall submit a copy of the OSH program to the DOLE Regional, Provincial,
Field or Satellite Office having jurisdiction over the workplace.
CHAPTER 4 COVERED WORKPLACES
DO 198-18 IRR NO. 11058 – SECTION 13. OCCUPATIONAL SAFETY & HEALTH COMMITTEE (OSHC)

 To ensure that the safety and health program is observed and enforced, a safety and health committee shall be
organized in covered workplaces.
CHAPTER 4 COVERED WORKPLACES
DO 198-18 IRR NO. 11058 – SECTION 13. OCCUPATIONAL SAFETY & HEALTH COMMITTEE (OSHC)

DOLE OSHS - RULE 1043.01: DUTIES


OF HEALTH & SAFETY COMMITTEE  OSH Rules – Rule 1042: Health and Safety
Committee Composition
1. Plan and develop accident prevention
programs in the workplace.
2. Inspection workplace to detect unsafe
condition.
3. Review report of inspection, results of
accident investigations and implementation
of accident prevention program.
4. Conduct safety meetings at least once a
month.
5. Submit reports to the manager/owner on its
meetings and activities.
6. Provide necessary assistance to
government inspecting authorities
pertaining OSH.
7. Train workers in safe work habits and
procedures.
8. Develop and maintain a disaster
contingency plan and organize such
emergency service units to handle the
disaster situation.
CHAPTER 4 COVERED WORKPLACES
DO 198-18 IRR NO. 11058 – SECTION 14. SAFETY OFFICER

 SAFETY OFFICER DUTIES AND  QUALIFICATION OF SAFETY OFFICERS


RESPONSIBILITIES

1. Oversee the overall management of OSH


program in coordination with the OSH Committee
(OSHC);

2. Frequently monitor and inspect any health or


safety aspect of the operation being undertaken
with the participation of Supervisor and workers;

3. Assist government inspectors in the conduct of


safety and health inspection at any time whenever
work is being performed or during the conduct of
accident investigation by providing necessary
information and OSH reports as required by the
OSH standards;

4. Issue Work Stoppage Order (WSO) when


necessary based on the requirements and
procedure provided by the OSH standards.
CHAPTER 4 COVERED WORKPLACES
DO 198-18 IRR NO. 11058 – SECTION 14. SAFETY OFFICER

The safety officer shall be required to undergo the prescribed DOLE-


BOSH training orientation or course, advanced OH training courses,
and/or other OSH related training or learning as necessary in the effective
performance of its duties and responsibilities.

Safety officers engaged in micro and small establishments, low to


medium risk, shall be engaged in safety programs including other tasks
designated to him/her by his/her employer.

In the case of a contractor or subcontractor, at least 1 safety officer must


be deployed at each specific area of operations to oversee the
management of the OSH program of its own workforce.
CHAPTER 4 COVERED WORKPLACES
DO 198-18 IRR NO. 11058 – SECTION 14. SAFETY OFFICER

 MINIMUM CLASSIFICATION & NUMBER OF SAFETY OFFICERS

 The engagement of the services of a certified OSH consultant (SO4) shall be


allowed for a period not longer than 1 year for establishments whose
designated safety officer has to be trained or is in the process of completing
the prescribed training courses and relevant experience.
CHAPTER 4 COVERED WORKPLACES
DO 198-18 IRR NO. 11058 – SECTION 15. OCCUPATIONAL HEALTH PERSONNEL AND FACILITIES

 Covered workplaces shall


have qualified occupational
health personnel such as
first aiders, nurses, dentist
and physicians duly
complemented with the
required medical supplies,
equipment and facilities.
CHAPTER 4 COVERED WORKPLACES
DO 198-18 IRR NO. 11058 – SECTION 15. OCCUPATIONAL HEALTH PERSONNEL AND FACILITIES

The employer may not establish a hospital or dental clinic in the


workplace where there is a hospital or dental clinic which is
located not more than five (5) kilometers away from the
workplace, accessible in not more than twenty-five (25) minutes
travel time, and the employer has facilities readily available for
transporting workers to the hospital or dental clinic in cases of
emergency.

For this purpose, the employer shall enter into a written contract
with the hospital for the use of such hospital for the treatment of
workers in cases of emergency.
CHAPTER 4 COVERED WORKPLACES
DO 198-18 IRR NO. 11058 – SECTION 16 SAFETY AND HEALTH TRAINING
CHAPTER 4 COVERED WORKPLACES
DO 198-18 IRR NO. 11058 – SECTION 16 SAFETY AND HEALTH TRAINING
CHAPTER 4 COVERED WORKPLACES
DO 198-18 IRR NO. 11058 – SECTION 16 SAFETY AND HEALTH TRAINING
CHAPTER 4 COVERED WORKPLACES
DO 198-18 IRR NO. 11058 – SECTION 16 SAFETY AND HEALTH TRAINING
CHAPTER 4 COVERED WORKPLACES
DO 198-18 IRR NO. 11058 – SECTION 16 SAFETY AND HEALTH TRAINING
CHAPTER 4 COVERED WORKPLACES
DO 198-18 IRR NO. 11058 – SECTION 16 SAFETY AND HEALTH TRAINING

The workers’ OSH seminar and other trainings/orientations as


required by the employer and by any law shall be at no cost on
the worker and considered as compensable working time.

All personnel engaged in the operation, erection and dismantling


of equipment and scaffolds, structural erections, excavations,
blasting operations, demolition, confined spaces, hazardous
chemicals, welding, and flame cutting shall undergo specialized
instruction and training on said activities. Such training shall
include, among others, topics on safety and specialized PPE
requirements for said high-risk work activities, including the use,
application and handling of the same, which can be provided by
DOLE, DOLE-Accredited Training Organizations or the PPE
manufacturers.
CHAPTER 4 COVERED WORKPLACES
DO 198-18 IRR NO. 11058 – SECTION 17 OCCUPATIONAL SAFETY AND HEALTH REPORTS

 All employers, contractors or subcontractors, if any shall submit to DOLE all safety and health reports and notifications:

ORK ACCIDENT ILLNESS  W/in 24hrs for major/fatal accident


 Submitted every 20th day of the following
REPORT (WAIR) – RULE 1050 month

NNUAL EXPOSURE DATA  Submitted every 20th day of January the


REPORT (AEDR) – RULE 1050 following year

EPORT ON HEALTH & SAFETY


 Submitted within 1 month from organization
ORGANIZATION (RSO) – RULE 1040

INUTES OF SAFETY MEETING (MOM)


– RULE 1040 & LABOR ADVISORY  Submitted every month or quarterly
NO. 04 SERIES 2019

NNUAL MEDICAL REPORT  Submitted every 31st of March of the


(AMR) – RULE 1960 following year
CHAPTER 4 COVERED WORKPLACES
DO 198-18 IRR NO. 11058 – SECTION 18 WORKERS COMPENTENCY CERTIFICATION

 The PRC shall determine the minimum and necessary competency on


safety and health for OSH personnel and use the same as equivalency in
their application for Continuing Professional Development (CPD) units.

 In order to professionalize, upgrade and update the level of competence of


workers, TESDA or PRC, shall establish national competency standards
and prepare guidelines on competency assessment and certification for
critical occupations to include requirements on safety and health.

 An occupation shall be considered critical when:

a) The performance of a job affects people’s lives and safety;


b) The job involves the handling of complex tools, equipment and supplies;
c) The job requires a relatively long period of education and training; and
d) The performance of the job may compromise the safety, health and
environmental concerns within the immediate vicinity of the
establishments.
CHAPTER 4 COVERED WORKPLACES
DO 198-18 IRR NO. 11058 – SECTION 19 WORKERS WELFARE FACILITIES

 All establishments, projects, sites and all other places where work is being
undertaken shall have the following free welfare facilities in order to ensure
humane working conditions:
a) Adequate supply of safe drinking water;
b) Adequate sanitary and washing facilities;
c) Suitable living accommodation for workers, as may be applicable such
as in construction, shipping, fishing and night workers;
d) Separate sanitary, washing and sleeping facilities for all gender, as may
be applicable;
e) Lactation station except those establishments as provided for under
DOLE Department Order No. 143-15;
f) Ramps, railings and the like; and
g) Other workers’ welfare facilities as may be prescribed by the OSH
standards and other issuances.
CHAPTER 4 COVERED WORKPLACES
DO 198-18 IRR NO. 11058 – SECTION 20 ALL OTHER OCCUPATIONAL SAFETY AND HEALTH STANDARDS

 All employers, contractors or


subcontractors, if any, shall comply with
other occupational safety and health
standards as provided for in the 1978
DOLE Occupational Safety and Health
Standards, as amended.
CHAPTER 5 JOINT AND SOLIDARITY LIABILITY
DO 198-18 IRR NO. 11058 – SECTION 22 EMPLOYERS RESPONSIBILITY AND LIABILITY

 The employer, project owner, contractor, or


subcontractor, if any, and any person who
manages, controls or supervises the work being
undertaken shall be jointly and solidarily liable
for compliance with occupational safety and
health standards including the penalties
imposed for violation thereof as provided for in
this Rules.
CHAPTER 6 ENFORCEMENT OF OSH STANDARDS
DO 198-18 IRR NO. 11058 – SECTION 23 VISITORIAL AND ENFORCEMENT OF POWER OF SEC. OF LABOR & EMPLOYMENT

 SECTION 23 VISITORIAL AND ENFORCEMENT OF POWER OF THE


SECRETARY OF LABOR AND EMPLOYMENT OR HIS/HER DULY
AUTHORIZED REPRESENTATIVE

 The Secretary of Labor and Employment or his/her duly authorized representatives with the
appropriate inspection authority shall have the authority to enforce the mandatory OSH
standards in all establishments and conduct an annual spot audit on its compliance for the
same.

 The conduct of annual spot audit must be attended by a safety officer and representative of
the management and workers of the establishment. In the absence of the establishment’s
safety officer, his duly authorized representative may attend in his stead.

 The Secretary of Labor and Employment or his/her duly authorized representatives can
enter workplaces at any time of the day or night where work is being performed to
examine records and investigate facts, conditions or matters necessary to determine
compliance of establishment with the provisions of this Rules and other applicable laws.

 The SecLab or his/her duly authorized representatives may order stoppage of work or
suspension of operations of any unit or department of an establishment when non-
compliance to this Rules, OSH standards and other applicable laws poses grave and
imminent danger to the safety and health of workers in the workplace.
CHAPTER 6 ENFORCEMENT OF OSH STANDARDS
DO 198-18 IRR NO. 11058 – SECTION 23 VISITORIAL AND ENFORCEMENT OF POWER OF SEC. OF LABOR & EMPLOYMENT

 The labor inspector or person authorized by DOLE to enforce compliance with


this Rules, OSH standards and other applicable laws and regulations, shall
present legitimate authorized identification upon request, and he/she shall
only act within the authority or direction given by the SecLab or his/her
duly authorized representatives.

 Department Order No. 183, Series of 2017 and the manual on execution of
judgments shall govern the procedures in the conduct of inspection, mandatory
conference, issuance of order and execution thereof.

 No person or entity shall obstruct, impede, delay or otherwise render


ineffective the orders of the Secretary of Labor and Employment or the
Secretary’s duly authorized representatives issued pursuant to the authority
granted under Article 128 of the Labor Code of the Philippines, and no lower
court or entity shall issue temporary or permanent injunction or restraining order
or otherwise assume jurisdiction over any case involving the enforcement orders.
CHAPTER 6 ENFORCEMENT OF OSH STANDARDS
DO 198-18 IRR NO. 11058 – SECTION 24 PAYMENT OF WORKERS DURING WORKSTOPPAGE DUE TO IMMINENT DANGER

If stoppage of work due to imminent danger occurs as a


result of the employer’s violation or fault, the employer
shall pay the affected workers their corresponding
wages during the period of such stoppage of work or
suspension of operations.

For purposes of payment of wages and any other liabilities


arising from the WSO, the employer is presumed a party at
fault if the WSO was issued secondary to an imminent
danger situation which would imperil the lives of the workers.
A mandatory conference not later than 72 hours shall be
held to determine whether the WSO will be lifted or not.
CHAPTER 6 ENFORCEMENT OF OSH STANDARDS
DO 198-18 IRR NO. 11058 – SECTION 25 DELEGATION OF AUTHORITY

The authority to enforce mandatory OSH standards may be


delegated by the Secretary of Labor and Employment to a
competent government authority. The said delegation of
authority shall only cover the conduct of industrial safety
inspection.
CHAPTER 6 ENFORCEMENT OF OSH STANDARDS
DO 198-18 IRR NO. 11058 – SECTION 26 STANDARDS SETTING POWER OF THE SEC OF LABOR & EMPLOYMENT

The Secretary of Labor and Employment shall in


consultation with all concerned government agencies and
instrumentalities, and relevant stakeholders, set and
enforce mandatory OSH standards to eliminate or reduce
OSH hazards depending on the number of employees of
the establishment, the nature of its business operations,
and the risk or hazard involved.

The Secretary of Labor and Employment shall institute new


and updated programs to ensure safe and healthy working
conditions in all workplaces especially in hazardous
industries such as, but not limited to, mining, fishing,
construction, and maritime.
CHAPTER 6 ENFORCEMENT OF OSH STANDARDS
DO 198-18 IRR NO. 11058 – SECTION 27 EMPLOYEES COMPENSATION CLAIM

A worker may file claims for compensation benefit arising


out of work-related disability or death.

Such claims shall be processed independently of the finding


of fault, gross negligence or bad faith of the employer in a
proceeding instituted for the purpose.

The employer shall provide the necessary assistance to


employees applying for claims.
CHAPTER 6 ENFORCEMENT OF OSH STANDARDS
DO 198-18 IRR NO. 11058 – SECTION 28 INCENTIVES TO EMPLOYERS AND WORKERS

There shall be established package of incentives under


such rules and regulations as may be promulgated by the
DOLE to qualified employers and workers to recognize their
efforts towards ensuring compliance with OSH and general
labor standards such as OSH training packages, additional
protective equipment, technical guidance, recognition
awards and other similar incentives.
CHAPTER 6 ENFORCEMENT OF OSH STANDARDS
DO 198-18 IRR NO. 11058 – SECTION 29 PROHIBITED ACTS AND ITS CORRESPONDING PENALTIES

 Any willful failure or refusal of


an employer, contractor or
subcontractor to comply with the
following OSH standards below
or with a compliance order
issued by the Secretary of Labor
and Employment or his/her
authorized representative shall
be penalized of the
administrative fines as follows
computed on a per day basis
until full compliance:
CHAPTER 6 ENFORCEMENT OF OSH STANDARDS
DO 198-18 IRR NO. 11058 – SECTION 29 PROHIBITED ACTS AND ITS CORRESPONDING PENALTIES

An employer, contractor or subcontractor who is found to have


repeatedly violated the same prohibited act shall be penalized of the
corresponding fine plus an additional fine equivalent to fifty percent
(50%) thereof for every instance of repeat violation.

If any of the following acts is present and there is non-compliance,


the penalty of one hundred thousand pesos (₱100,000.00)
administrative fine shall be imposed separate and in addition to the
daily administrative fine imposed above:
1. Repeated obstruction, delay or refusal to provide the SecLab or any
of its authorized representatives access to the covered workplace or
refusal to allow access to relevant records and documents
necessary in determining compliance with OSH standards;
2. Misrepresentation in relation to adherence to OSH; or
3. Making retaliatory measures such as termination of employment,
refusal to pay, reducing wages and benefits or in any manner
discriminates against any worker who has given information relative
to the inspection being conducted.
CHAPTER 6 ENFORCEMENT OF OSH STANDARDS
DO 198-18 IRR NO. 11058 – SECTION 29 PROHIBITED ACTS AND ITS CORRESPONDING PENALTIES

 When the violation exposes the worker to death, serious injury or serious
illness, the imposable penalty shall be one hundred thousand pesos
(₱100,000.00)

 Should there be 2 or more be non-compliances, all penalties shall be imposed;


provided that the total daily penalty shall not exceed one hundred thousand
pesos (₱ 100,000.00)

 The penalties shall be computed on a per day basis until full compliance
reckoned from the date of the notice of violation or service of the compliance
order to the employer without prejudice to the filing of a criminal or civil case
in the regular courts, as the case may be.

 The Regional Director shall, after due notice and hearing, impose the
appropriate administrative fines taking into consideration the damage or injury
caused and risk involved including the severity and frequency of the OSH
violations and size of the establishment.

 Fines collected pursuant to this Rules shall be utilized for the operation of
OSH initiatives incentivizing qualified employers and workers in recognition of
their efforts towards ensuring compliance with OSH.
CHAPTER 7 MISCLLANEOUS PROVISIONS
DO 198-18 IRR NO. 11058 – SECTION 30 COMPUTERIZED INSPECTION SYSTEM

The Secretary of Labor


& Employment shall
maintain an updated
labor inspection
system of
computerized
gathering and
generation of real time
data on compliances,
monitoring of
enforcement, and a
system of notification
on workplace
accidents and injuries.
CHAPTER 7 MISCLLANEOUS PROVISIONS
DO 198-18 IRR NO. 11058 – SECTION 31 INTER-GOVERNMENT COORDINATION & COOPERATION

 The DOLE shall be primarily


responsible for the administration
and enforcement of OSH laws,
regulations and standards in all
establishments and workplaces to
effectively implement the
provisions of RA 11058.

 There shall be established an


Inter-government Coordination
and Cooperation Committee
composed of the DENR, DOE,
DOT, DA, DPWH, DTI, DILG,
DOH, DICT, PEZA and all other
government agencies, including
local government units, within
sixty (60) days from the issuance
of this Rules.
Why OSH is Important?
 Promotes a culture of safety
and good work practices.
 Reduce work injuries, illnesses
and accidents.
 Higher productivity.
 Increase efficiency and quality.
 Cost savings in terms of
medical compensation /
insurance costs, training new
employee, damaged
equipment/material and other
losses.
 Increase employee morale.
 Improved company reputation
as an employer of choice. TOP REASON: IT PROVIDES AMPLE TIME FOR THE FAMILY
CREATING HAPPY MEMORIES AND EXPERIENCES
Thank you!

www.visionpropertiesdevt.co Vision Properties Development Corporation


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