OCCUPATIONAL SAFETY AND

HEALTH (OSH) LEGISLATION

Engr. Dennis C. Aquino

Chief, Safety Control Division
Occupational Safety and Health Center
Objectives
At the end of the session, the participants will be
able to :
- Understand the legal basis of OSH implementation
in the construction industry;
- Enumerate the role of employers and workers in
the implementation of workplace OSH;
- Enumerate the DOLE administrative requirements
on OSH

Department of Labor and Employment

OCCUPATIONAL SAFETY AND HEALTH CENTER
Philippine Constitution
Constitutional mandate to safeguard the worker’s
social and economic well-being as well as his
physical safety and health

The State affirms labor as a primary social economic force.

It shall protect the rights of workers and promote
their welfare.
(Sec. 18, Article II: Declaration of Principles and state policies)

Department of Labor and Employment

OCCUPATIONAL SAFETY AND HEALTH CENTER
OSH Legislation
• Labor Code of the Philippines (PD 442, 1974)
• Consolidation of labor and social laws to afford full protection to
labor, promote employment and human resources
development, and ensure industrial peace.
• OSH Standards (1979, amended in 1989)
• A set of mandatory rules on OSH which codifies all safety orders
issued prior to its promulgation.
• Republic Act No. 11058 and its IRR (January 25,
2019)
• An Act Strengthening Compliance with the OSH Standards and
Providing Penalties for Violations thereof.

Department of Labor and Employment

OCCUPATIONAL SAFETY AND HEALTH CENTER
P.D. 442, The Labor Code of the
Philippines, Promulgated in 1974
Book IV - HEALTH, SAFETY AND SOCIAL
WELFARE BENEFITS
• Chapter I: Medical and Dental
Services
• First-Aid Treatment
• Emergency Medical and Dental Services
• Health Program
• Qualifications of Health Personnel
• Assistance of Employer

Department of Labor and Employment

OCCUPATIONAL SAFETY AND HEALTH CENTER
P.D. 442, The Labor Code of the Philippines
Promulgated in 1974

Book IV - HEALTH, SAFETY AND SOCIAL WELFARE

BENEFITS
Chapter II: Occupational Health and
Safety
• Safety and Health Standards
• Research
• Training Programs
• Administration of Safety and Health Laws

Department of Labor and Employment

OCCUPATIONAL SAFETY AND HEALTH CENTER
OSH LEGISLATIONS
• P.D. 442, Chapter II - Article 171 (168)
• The Secretary of Labor shall by appropriate order set and
enforce mandatory OSH Standards to eliminate or reduce
OSH hazards in all workplaces and institute new and
update existing programs to ensure safe and healthful
working conditions in all places of employment.

Department of Labor and Employment

OCCUPATIONAL SAFETY AND HEALTH CENTER
 OSH LAWS AND ISSUANCES
Other OSH
Related
Issuances
-DO 128 -13 :
Scaffoldings
-DO 16-01:
Training and
Accreditation
-DO 53-03: Drug
Free Workplace
-DO 73-05: TB
Book IV, Title I – Occupational Prevention and
Medical, Dental DO 13
Safety and Guidelines control in the
and Health workplace
Occupational Governing
Standards, Safety and - DO 198 IRR of
Safety (OSHS) RA11058
Health in
as amended Construction
Industry

9
 RA 11058: OSH ACT
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”

Department of Labor and Employment

OCCUPATIONAL SAFETY AND HEALTH CENTER
Occupational Safety and Health
Standards
• a set of rules issued by DOLE
which mandates the adoption
and use of appropriate
practices, means, methods,
operations and working
conditions to ensure safe and
healthful employment.

Department of Labor and Employment

OCCUPATIONAL SAFETY AND HEALTH CENTER
 Rules of the Occupational Safety and Health
Standards
1000 General Provisions 1160 Boiler
1010 Other Safety Rules 1170 Unfired Pressure Vessels
1020 Registration 1180 Internal Combustion Engine*
1030 Training & Accreditation 1200 Machine Guarding
1040 Health & Safety Committee 1210 Electrical Safety
1050 Notification & Keeping of 1220 Elevators & Related
Occ. Illnesses & Injuries Equipment
1060 Premises of Establishments 1230 Identification of Piping System
1070 Environmental Control 1240 Power Piping Lines *
1080 Personal Protective Equipment 1410 Construction Safety
1090 Hazardous Materials 1420 Logging
1100 Gas & Electric Welding & 1940 Fire Protection & Control
Cutting Operations 1950 Pesticides & Fertilizers
1120 Hazardous Work Processes 1960 OH Services
1140 Explosives 1970 Fees
1150 Materials Handling & Storage 1980 Authority of LGUs
1990 Final Provisions
 OSHS Rule 1020: Registration

Every employer shall register business with

the Regional Labor Office having
jurisdiction thereof.

Re-registration:
- Change in business name
- Change in location
- Change in ownership
- Re-opening after previous
closing

Department of Labor and Employment

OCCUPATIONAL SAFETY AND HEALTH CENTER
OSH STANDARDS
Rule 1030: Training and Accreditation of Personnel/ DO 198-18

• Safety Officers (SO1, SO2, SO3, SO4)

• 8 hour OSH orientation plus 2 hours TOT
• 40 hour BOSH, COSH
• 8 hour MOSH (plus equivalency)
• 8 hour OSH Seminar for workers
• Health Personnel
• First Aid Training (PRC, DOH, TESDA, BFP)
• 40 hour BOSH for OH Nurses
• 40 hour BOSH
• 56 hour BOSH for Physicians

Department of Labor and Employment

OCCUPATIONAL SAFETY AND HEALTH CENTER
OSH STANDARDS
RULE 1040 - Health and Safety Committee
• Refers to 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 the safety and health of
workers. (DO 198-18)

Department of Labor and Employment

OCCUPATIONAL SAFETY AND HEALTH CENTER
 OSH STANDARDS
RULE 1040 - Health and Safety Committee
OSH REPORT/ WHERE TO WHEN TO
RULE FORM FILE FILE
Rule 1040 1. Report of Safety 2 copies, to be - Within one
Health and Organization - submitted to (1) month
Safety DOLE/BWC/IP-5) concerned RO after the
Committee copy furnished organization
the Bureau
2. Minutes of the
Meeting – No form - Quarterly
needed

Department of Labor and Employment

OCCUPATIONAL SAFETY AND HEALTH CENTER
 OSH STANDARDS
RULE 1050 - Notification & Keeping of Accident and/or Occupational
Illnesses

OSH RULE REPORT/FORM WHEN TO WHERE TO

REPORT REPORT

Rule 1050 1. Work Accident/ On or before the 2 copies, to

Notification Illness Report 20th day of the be submitted
and Keeping of (WAIR) - month following the to concerned
Accidents DOLE/BWC/IP-6) date of occurrence RO copy
and/or WAIR of the accident furnished the
Occupational BWC
2. Annual Exposure -On or before Jan.
Illnesses
Data Report (AEDR) 30 of the following
- (DOLE/BWC/IP-6b) year
3. Fatal/major Within 24 hours
accident/ Dangerous
occurrence

Department of Labor and Employment

OCCUPATIONAL SAFETY AND HEALTH CENTER
Summary of Report Requirements
• Work Accident/Illness Report (WAIR)
• Annual Exposure Data Report (AEDR)
• Report of Safety Organization (RSO)
• Minutes of the Meetings of Health and Safety
Committee
• Annual Medical Report (AMR) – Rule 1960

Department of Labor and Employment

OCCUPATIONAL SAFETY AND HEALTH CENTER
SALIENT FEATURES OF
DEPARTMENT ORDER NO. 13, series of 1998

Department Order No. 13 :

Otherwise known as the
“Guidelines Governing
Occupational Safety and Health
in the Construction Industry”
Section 1. Definition of Terms
Section 2. Jurisdiction
Section 3. Delegation of Authority
Section 4. Coverage
Section 5. Construction Safety and Health Programs
Section 6. Personal Protective Equipment
Section 7. Safety Personnel
Section 8.
Emergency Occupational Health Personnel and Facilities
Section 9. Construction Safety Signage
Section 10 Safety on Construction Heavy Equipment
Section 11. Construction Safety and Health Committee

Section 12. Safety and Health Information

Section 13. Construction Safety and Health Training

Section 14. Construction Safety and Health Reports

Section 15. Construction Worker’s Skills

Section 16. Worker’s Welfare Facilities

Section 17.
Cost of Construction Safety and Health Program
Section 18. Miscellaneous

Section 19. Violations and Penalties

Section 20. Effectivity

 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”
 Section 1: DECLARATION OF POLICY
 The State shall ensure that the provisions of the Labor Code of the
Philippines, all domestic laws, and internationally-recognized
standards on OSH are being fully enforced and complied with by the
employers

 It shall protect every worker against injury, sickness or death

through safe and healthful working conditions

 It shall promote strict but dynamic, inclusive, and gender-sensitive

measures in the formulation and implementation of policies and
programs related to OSH

Department of Labor and Employment

OCCUPATIONAL SAFETY AND HEALTH CENTER
 Section 2: COVERAGE
 Establishments located inside special economic zones and
other investment promotion agencies (e.g., Philippine
Economic Zone Authority [PEZA], Clark Development
Corporation [CDC]);
 Utilities engaged in air, sea, and land transportation;

 Industries such as mining, fishing, construction,

agriculture, and maritime

 Contractors and subcontractors including those engaged

in the projects of the public sector.

Department of Labor and Employment

OCCUPATIONAL SAFETY AND HEALTH CENTER
Section 2: COVERAGE

NOTE: The Rules does not apply to the public

sector such as national government agencies,
government-owned and controlled corporations,
government financial institutions, state
universities and colleges and local government
units

Department of Labor and Employment

OCCUPATIONAL SAFETY AND HEALTH CENTER
Section 3: DEFINITION OF TERMS

Low risk Medium risk

establishment – a establishment – a
workplace where workplace where
there is low level of there is moderate
danger or exposure exposure to safety
to safety and health and health hazards
hazards or with low and with probability
probability to result of an accident, injury
in accident, harm or or illness
illness

Department of Labor and Employment

OCCUPATIONAL SAFETY AND HEALTH CENTER
Section 3: DEFINITION OF TERMS
1. Chemical works and chemical production plants;
2. Construction;
High risk establishment 3. Deep sea fishing;
– refers to a workplace 4. Explosives and pyrotechnics factories;
5. Firefighting;
wherein the presence of 6. Healthcare facilities;
hazard or potential hazard 7. Installation of communication accessories, towers
and cables;
within the company may 8. LPG filling, refilling, storage and distribution;
affect the safety and/or 9. Mining;
health of workers, not only 10. Petrochemical works and refineries;
11. Power generation, transmission and distribution
within but also persons in the energy sector;
outside the workplace. The 12. Storage and distribution center for toxic or
hazardous chemicals;
following are workplaces 13. Storage of fertilizers in high volume;
commonly associated with 14. Transportation;
15. Water supply, sewerage, waste management,
potentially high-risk remediation activities;
activities: 16. Works in which chlorine is used in bulk; and
17. Activities closely similar to those enumerated
above…
Department of Labor and Employment
OCCUPATIONAL SAFETY AND HEALTH CENTER
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

• 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

Department of Labor and Employment

OCCUPATIONAL SAFETY AND HEALTH CENTER
 Section 3: DEFINITION OF TERMS
• Safety Officer 1 (SO1)
- completed the mandatory 8-hour OSH orientation course as prescribed in
the OSH standards and 2-hour trainers’ training 40-hour OSH training
course applicable to the industry
• Safety Officer 2 (SO2)
- 40-hour OSH training course applicable to the industry
• 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)
- 4o-hour OSH training course
- 80 hours of advanced/ specialized Occupational Safety and health
training course
- aggregate of 320 hours of OSH related training or experience
- Actual 4 years experience as SO3

Department of Labor and Employment

OCCUPATIONAL SAFETY AND HEALTH CENTER
Section 4: DUTIES OF EMPLOYERS
 Equip a place of employment for workers free from
hazardous conditions that are causing or are likely to
cause death, illness, or physical harm
 Provide complete job safety instructions to all the
workers, including, but not limited to, those relating
to familiarization with their work environment
 Ensure that the chemical, physical and biological
substances and agents, and ergonomic and
psychosocial stresses under control are without risk to
health.
Rule 1005:OSHS
Department of Labor and Employment
OCCUPATIONAL SAFETY AND HEALTH CENTER
Section 4: DUTIES OF EMPLOYERS

 Use only approved specific industry set of standards of

devices and equipment for the workplace
 Comply with OSHS including training, medical examination,
and where necessary, provision of protective and safety
devices such as PPE and machine guards
 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

Rule 1005:OSHS
Department of Labor and Employment
OCCUPATIONAL SAFETY AND HEALTH CENTER
Section 4: DUTIES OF EMPLOYERS

 Provide when necessary, measures for identifying trainings

and drills, evacuation plans, etc. to deal with emergencies,
fires and accidents including first-aid arrangements

 Comply with all reportorial requirements of the OSH

standards

 Register establishment to DOLE as provided under the OSH

standards

Rule 1005:OSHS
Department of Labor and Employment
OCCUPATIONAL SAFETY AND HEALTH CENTER
Section 4: DUTIES OF WORKERS
 Participate in capacity building activities on safety and
health and other OSH related topics and programs;
 Proper use of all safeguards and safety devices furnished
for workers’ protection and that of others
 Comply with instructions to prevent accidents or
imminent danger situations in the workplace
 Observe prescribed steps to be taken in cases of
emergency
 Report to their immediate supervisor any work hazard
that may be discovered in the workplace.
Rule 1005:OSHS
Department of Labor and Employment
OCCUPATIONAL SAFETY AND HEALTH CENTER
 Section 4: DUTIES OF OTHER PERSONS

 Any other person, including the builder or contractor 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 establishments are engaged in activities

simultaneously in one workplace, it shall be the duty of all concerned to
collaborate and cooperate to ensure compliance with OSH standards
and regulations.

Department of Labor and Employment

OCCUPATIONAL SAFETY AND HEALTH CENTER
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.
Department of Labor and Employment
OCCUPATIONAL SAFETY AND HEALTH CENTER
 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
order (WSO) 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.

Department of Labor and Employment

OCCUPATIONAL SAFETY AND HEALTH CENTER
 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.

Department of Labor and Employment

OCCUPATIONAL SAFETY AND HEALTH CENTER
 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.
Rule 1080 OSHS; Section 6 DO 13

Department of Labor and Employment

OCCUPATIONAL SAFETY AND HEALTH CENTER
 Section 8: WORKERS’ RIGHT TO
PERSONAL PROTECTIVE EQUIPMENT (PPE)

 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.

Department of Labor and Employment

OCCUPATIONAL SAFETY AND HEALTH CENTER
 Section 9: SAFETY SIGNAGE 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

Section 9 – DO 13

Department of Labor and Employment

OCCUPATIONAL SAFETY AND HEALTH CENTER
Section 10: SAFETY IN THE USE OF EQUIPMENT
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.
Section 10 – DO 13
Department of Labor and Employment
OCCUPATIONAL SAFETY AND HEALTH CENTER
Section 10: SAFETY IN THE USE OF EQUIPMENT
DO 13 - Section 10: Safety on Construction Heavy Equipment

 A specific guide for testing, transport, erection and maintenance of heavy

equipment is formulated.

 All heavy equipment operators must be tested and certified by TESDA,

while heavy equipment shall be tested by DOLE accredited Construction
Heavy Equipment Testing Organization (CHETO)

 Daily routine inspection to be conducted by duly certified

mechanics/operators, routine inspection by DOLE accredited
professionals.
 Maintenance of a separate construction logbook for each equipment

Department of Labor and Employment

OCCUPATIONAL SAFETY AND HEALTH CENTER
 Section 11: OCCUPATIONAL SAFETY AND 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:

 Workplace hazards and the risk posed on the safety and health of the workers such as
chemical safety data sheets;
 Control mechanisms in place that reduces or minimizes the risk of exposure to hazards
and other preventive strategies
 Appropriate measures, including the probable location of workers, for the prevention,
control and protection against those hazards; and
 Emergency and disaster management protocols including proper evacuation and shut-
down procedures.

Information materials shall be revised regularly by the OSH committee.

Section 12 – DO 13
Department of Labor and Employment
OCCUPATIONAL SAFETY AND HEALTH CENTER
 Section 12: OCCUPATIONAL SAFETY AND
HEALTH PROGRAM

Covered workplaces shall develop and implement a suitable OSH program in a format
prescribed by DOLE which shall be posted in prominent places.
a) For establishments with less than 10 workers and low risk establishments with 10-50
workers. – The OSH program, which shall be duly signed by the employer, must include at
least the following:
1. Company commitment to comply with OSH requirements;
2. General safety and health programs, including:
 Safety and health hazard identification, risk assessment and control (HIRAC),
 Medical surveillance for early detection and management of occupational and work-related
diseases, and
 First aid and emergency medical services;
3. Promotion of the following health domains:
 Drug-free workplace (RA 9165),
 Mental health services in the workplace (RA 11036), and
 Healthy lifestyle;
Section 5 – DO 13 / Rule 1960 OSHS

Department of Labor and Employment

OCCUPATIONAL SAFETY AND HEALTH CENTER
 Section 12: OCCUPATIONAL SAFETY AND
HEALTH PROGRAM
4. Prevention and control of the following health domains:
 Human Immunodeficiency Virus and Acquired Immune Deficiency
Syndrome (RA 8504),
 Tuberculosis (EO 187-03), and
 Hepatitis B (DOLE DA 05-2010);

5. Complete company or project details;

6. Composition and duties of the OSH committee;
7. OSH personnel and facilities;
8. Safety and health promotion, training and education, including:
 Orientation of all workers on OSH, and
 Conduct of risk assessment, evaluation and control;
9. Conduct of toolbox or safety meetings and job safety analysis, if applicable;
10. Accident/incident/illness investigation, recording and reporting;
11. Provision and use of PPE;
12. Provision of safety signage;
13. Provision of workers’ welfare facilities;
14. Emergency and disaster preparedness and mandated drills;
15. Solid waste management system; and
16. Control and management of hazards.
Department of Labor and Employment
OCCUPATIONAL SAFETY AND HEALTH CENTER
 Section 12:
OCCUPATIONAL SAFETY AND HEALTH PROGRAM
b) For medium to high risk establishments with 10–50 workers and low to high risk
establishments with 51 workers and above. – The OSH program, which shall be duly
signed by the employer, must include at least the following:
1. Company commitment to comply with OSH requirements;
2. General safety and health programs, including:
 Safety and health hazard identification, risk assessment and control (HIRAC),
 Medical surveillance for early detection and management of occupational and work-related diseases,
and
 First aid and emergency medical services;
3. Promotion of the following health domains:
 Drug-free workplace (RA 9165),
 Mental health services in the workplace (RA 11036), and
 Healthy lifestyle;

4. Prevention and control of the following health domains:

 Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome (RA 8504),
 Tuberculosis (EO 187-03), and
 Hepatitis B (DOLE DA 05-2010);

Department of Labor and Employment

OCCUPATIONAL SAFETY AND HEALTH CENTER
 Section 12:
OCCUPATIONAL SAFETY AND HEALTH PROGRAM
5. Complete company or project details;
6. Composition and duties of the OSH committee;
7. OSH personnel and facilities;
8. Safety and health promotion, training and education, to include the following:

 Orientation of all workers on OSH,

 Conduct of risk assessment, evaluation and control,
 Continuous training on OSH of OSH personnel, and
 Work Permit System such as working at height, working at confined space, hot
works, and other related activities;

9. Conduct of toolbox or safety meetings and job safety analysis;

10. Accident/incident/illness investigation, recording and reporting;
11. Provision and use of PPE;
12. Provision of safety signage;
13. Dust control and management, and regulations on activities such as building of
temporary structures, and lifting and operation of electrical, mechanical,
communications system, and other equipment;
14. Provision of workers’ welfare facilities;

Department of Labor and Employment

OCCUPATIONAL SAFETY AND HEALTH CENTER
Section 12:
OCCUPATIONAL SAFETY AND HEALTH PROGRAM
15. Emergency and disaster preparedness and response plan to include the organization
and creation of disaster control groups, business continuity plan, and updating the
hazard, risk and vulnerability assessment, as required;
16. Solid waste management system;
17. Control and management of hazards;
18. Prohibited acts and penalties for violations; and
19. Cost of implementing company OSH program.

The DOLE shall prescribe a format that should be accomplished fully by the
employer, contractor or subcontractor, if any, in consultation with the workers
and their representatives.

The OSH program shall be communicated and be made readily available to all
persons in the workplace. It shall be updated periodically whenever the DOLE,
other regulatory or government agencies and institutions promulgate new rules,
guidelines and other issuances related to workers’ safety and health.

Department of Labor and Employment

OCCUPATIONAL SAFETY AND HEALTH CENTER
 Section 12:
OCCUPATIONAL SAFETY AND HEALTH PROGRAM
 The establishment shall ensure that the core elements of OSH program are integrated in the
company OSH program such as management commitment and employee involvement, workplace
risk assessment, hazard prevention and control, safety and health training and education, and OSH
program evaluation.

 The establishment shall submit a copy of the OSH program to the DOLE Regional, Provincial,
Field or Satellite Office having jurisdiction over the workplace.

 A duly signed company commitment to comply OSH requirements together with the company
OSH program using the prescribed template shall be considered approved upon submission
EXCEPT for CONSTRUCTION SAFETY AND HEALTH PROGRAM (CSHP) which shall need
approval by DOLE prior to construction.

 OSH programs in the pre-approved template may be modified by DOLE as necessary based on
existing laws, rules and regulations, and other issuances or upon validation of the program during
inspection.

 The company shall review and evaluate the OSH program at least once a year or as necessary, to
ensure that its objectives are met towards an improved safety and health performance.

Department of Labor and Employment

OCCUPATIONAL SAFETY AND HEALTH CENTER
 Section 13:
OCCUPATIONAL SAFETY AND HEALTH COMMITTEE
Occupational Safety and Health Committee:

a) For establishments with less than 10 workers and low risk establishments with 10 - 50 workers.
– SO shall establish an OSH committee composed of the following:

Chairperson : Company owner or manager

Secretary : Safety officer of the workplace (SO 1)
Member : At least one (1) worker, preferably a union
member if organized

The safety officer of the workplace may also be the owner, manager or his/her
designated representative.

The company owner, manager or one of the workers of the company shall undertake first aid
training from the Philippine Red Cross or any DOLE recognized organization.

Rule 1040 OSHS; Section 11 – DO 13

Department of Labor and Employment
OCCUPATIONAL SAFETY AND HEALTH CENTER
 Section 13:
OCCUPATIONAL SAFETY AND HEALTH COMMITTEE

b) For medium to high risk establishments with 10-50 workers and low to high risk establishments with
51 workers and above. – The OSH committee of the covered workplace shall be composed of the
following:

Ex-officio chairperson : Employer or his/her representative

Secretary : Safety officer of the workplace
Ex-officio members : Certified first-aider, OH nurse, OH dentist, and OH
physician, as applicable
Members : Safety officers representing the contractor or
subcontractor;
workers representatives (union rep. if the workers are
organized, or elected workers through a simple vote of majority, if
they are unorganized)

The OSH committee shall effectively plan, develop, oversee and monitor the
implementation of the OSH program.
Department of Labor and Employment
OCCUPATIONAL SAFETY AND HEALTH CENTER
Section 13:
OCCUPATIONAL SAFETY AND HEALTH COMMITTEE

Duties of the S&H Committee (DO 13-Section 11.2)

1. Plan, develop and oversee the implementation of
accident prevention program for the project;
2. Direct accident prevention efforts of the project;
3. Initiate the conduct of TBM and safety trainings;
4. Review inspection/accident investigation reports;
5. Prepare and submit minutes of meeting to DOLE;
6. Develop and maintain disaster contingency plan;
7. Provide assistance to government inspectors;

Department of Labor and Employment

OCCUPATIONAL SAFETY AND HEALTH CENTER
Section 13:
OCCUPATIONAL SAFETY AND HEALTH COMMITTEE

DO 13-Section 11.1
The persons constituting the Safety and Health
Committee shall, as far as practicable, be found at
the construction site whenever construction work is
being undertaken;

Time spent for OSH related activities such as

trainings, meetings, inspection/investigation shall be
considered compensable time;

Department of Labor and Employment

OCCUPATIONAL SAFETY AND HEALTH CENTER
 Section 13:
OCCUPATIONAL SAFETY AND HEALTH COMMITTEE

c) For 2 or more establishments housed under one building or complex including malls. – When two
or more establishments are housed under one building or complex, the health and safety
committee organized in each workplace shall form themselves into a Joint Coordinating Committee
to plan and implement programs and activities concerning all the establishments.

Chairperson : Building owner or his/her representative such as the building administrator

Secretary : Safety officer of the building or complex appointed by the Chairperson
Members : At least two safety officers from any of the establishment housed under one
building or complex
At least two workers’ representatives, one of which must be from a union if
organized, from any of the establishment housed under one building or
complex

The building administrator shall ensure that the Joint OSH committee shall submit its organizational
plans and minutes to the DOLE Regional office, copy furnished the Bureau of Working Conditions.

Department of Labor and Employment

OCCUPATIONAL SAFETY AND HEALTH CENTER
 Section 14: SAFETY OFFICER

In the implementation of OSH program, safety officers shall be

employed or designated with the following duties and responsibilities:

1. Oversee the overall management of the OSH program in

coordination with the OSH committee;
2. Frequently monitor and inspect any health or safety aspect of the
operation
3. Assist government inspectors in the conduct of safety and health
inspection at any time whenever work is being performed
4. Issue Work Stoppage Order (WSO) when necessary based on the
requirements and procedures provided by the OSH standards
Section 7 – DO 13

Department of Labor and Employment

OCCUPATIONAL SAFETY AND HEALTH CENTER
Section 14: SAFETY OFFICER

Safety officer/s of all workplaces must possess the

necessary training and experience requirement
according to its category;

The number and qualification of safety officers shall

be proportionate to the total number of workers and
equipment, size of work area, classification of the
workplace and such other criteria as required by the
OSH standards.

Department of Labor and Employment

OCCUPATIONAL SAFETY AND HEALTH CENTER
Section 14: SAFETY OFFICER
The safety officer shall be required to undergo the prescribed DOLE-BOSH
training orientation or course, advanced OSH 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 operation to oversee the management
of the OSH program of its own workforce.

Department of Labor and Employment

OCCUPATIONAL SAFETY AND HEALTH CENTER
Section 15:
OCCUPATIONAL HEALTH PERSONNEL AND FACILITIES

The number of health personnel, which may be classified as full time (FT)
or part-time (PT), equipment and facilities, and the amount of supplies
shall be proportionate to the total number of workers and the risk or
hazard involved in the workplace:

Occupational health personnel:

- certified first-aiders
- nurses, dentists, and physicians
* complemented with the required medical supplies, equipment and facilities.

Every employer covered by this Rules shall provide his/her workers medical
services and facilities and shall not be an excuse by employer from
maintaining in his/her workplace a first aid treatment room or clinic for
workers;
Section 8 – DO 13

Department of Labor and Employment

OCCUPATIONAL SAFETY AND HEALTH CENTER
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.
Section 8 – DO 13

Department of Labor and Employment

OCCUPATIONAL SAFETY AND HEALTH CENTER
Section 16: SAFETY AND HEALTH TRAINING

a) All safety and health personnel shall undergo the mandatory orientation
or training on OSH as prescribed by DOLE: (SO1, SO2, SO3, SO4, first
aider, OH Nurse, OH Dentist, OH Physician)
b) All workers shall undergo the mandatory workers’ OSH seminar as
prescribed by DOLE which shall be jointly participated by workers and
employers.
Standardized training module for safety and health personnel shall be
implemented and updated regularly as necessary.
The mandatory workers’ OSH seminar may be conducted by the safety
officer of the establishment or any certified OSH practitioner or consultant.

The workers’ OSH seminar and other trainings/orientation as required by the

employer and by any law shall be at no cost on the worker and considered as
compensable working time.
Section 13 – DO 13
Department of Labor and Employment
OCCUPATIONAL SAFETY AND HEALTH CENTER
 Section 16: SAFETY AND HEALTH TRAINING

c) 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.

Section 8 – DO 13
Department of Labor and Employment
OCCUPATIONAL SAFETY AND HEALTH CENTER
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 such as but not limited to:
 Work accident/injury report (WAIR),
 Annual medical report (AMR),
 Report OSH committee organization
 Annual work accident/injury exposure data report
(AEDR).

Section 14 – DO 13

Department of Labor and Employment

OCCUPATIONAL SAFETY AND HEALTH CENTER
 Section 18:WORKERS’ COMPETENCY 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.
Section 15 – DO 13

Department of Labor and Employment

OCCUPATIONAL SAFETY AND HEALTH CENTER
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.
Section 16 – DO 13

Department of Labor and Employment

OCCUPATIONAL SAFETY AND HEALTH CENTER
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.

Department of Labor and Employment

OCCUPATIONAL SAFETY AND HEALTH CENTER
Section 21: COST OF SAFETY AND HEALTH PROGRAM

The total cost of implementing a duly approved OSH

program shall be an integral part of the operations
cost.

It shall be separate pay item in construction and in all

contracting or subcontracting arrangements.

Section 17 – DO 13

Department of Labor and Employment

OCCUPATIONAL SAFETY AND HEALTH CENTER
 Section 22:
EMPLOYER’S 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 these Rules.

Department of Labor and Employment

OCCUPATIONAL SAFETY AND HEALTH CENTER
Section 23:
VISITORIAL POWER OF THE DOLE SECRETARY

All matters arising from the visitorial and enforcement power of the
Secretary of Labor and Employment (SecLab) or his/her duly
authorized representatives shall be governed by the applicable rules
on the administration and enforcement of labor laws pursuant to
Article 128 of the Labor Code of the Philippines, as renumbered, and
other laws.

The SecLab 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.

Department of Labor and Employment

OCCUPATIONAL SAFETY AND HEALTH CENTER
 Section 23:
VISITORIAL POWER OF THE DOLE SECRETARY
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 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.

• 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

Department of Labor and Employment

OCCUPATIONAL SAFETY AND HEALTH CENTER
Section 23:
VISITORIAL POWER OF THE DOLE SECRETARY
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.
representatives
Department of Labor and Employment
OCCUPATIONAL SAFETY AND HEALTH CENTER
 Section 24: PAYMENT OF WORKERS DURING WORK
STOPPAGE 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.

Department of Labor and Employment

OCCUPATIONAL SAFETY AND HEALTH CENTER
Section 25: DELEGATION OF AUTHORITY
The authority to enforce mandatory OSH standards may be
delegated by the SecLab to a competent government
authority. The said delegation of authority shall only cover
the conduct of industrial safety inspection.

In pursuance of the delegation of authority, the competent

government authority shall submit a monthly report to the
DOLE-Regional Office having jurisdiction over its location, in
accordance with the provisions of the Revised Technical
Safety Inspection Manual.

The delegation of authority may be revoked any time as may

be warranted by the circumstances.

Department of Labor and Employment

OCCUPATIONAL SAFETY AND HEALTH CENTER
Section 26: STANDARDS SETTING POWER OF THE
SECRETARY OF LABOR AND EMPLOYMENT

The SecLab 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 SecLab 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.

Department of Labor and Employment

OCCUPATIONAL SAFETY AND HEALTH CENTER
Section 27: EMPLOYEE’S 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.

Department of Labor and Employment

OCCUPATIONAL SAFETY AND HEALTH CENTER
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.

Department of Labor and Employment

OCCUPATIONAL SAFETY AND HEALTH CENTER
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:

Department of Labor and Employment

OCCUPATIONAL SAFETY AND HEALTH CENTER
Section 29: PROHIBITED ACTS AND ITS CORRESPONDING PENALTIES
 Section 29: PROHIBITED ACTS AND ITS
CORRESPONDING PENALTIES

Failure or refusal to comply with OSH standards or compliance order

shall be deemed willful when done voluntarily, deliberately and
intentionally.

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.

Department of Labor and Employment

OCCUPATIONAL SAFETY AND HEALTH CENTER
 Section 29: PROHIBITED ACTS AND ITS
CORRESPONDING PENALTIES

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 OSHS; 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.

Department of Labor and Employment

OCCUPATIONAL SAFETY AND HEALTH CENTER
 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 RD 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.

Department of Labor and Employment

OCCUPATIONAL SAFETY AND HEALTH CENTER
Section 30. UPDATED DOLE COMPUTERIZED
INSPECTION SYSTEM

The SecLab 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.

Department of Labor and Employment

OCCUPATIONAL SAFETY AND HEALTH CENTER
Section 31. INTER-GOVERNMENT COORDINATION
AND 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.

Department of Labor and Employment

OCCUPATIONAL SAFETY AND HEALTH CENTER
 Section 32.SEPARABILITY CLAUSE

If any part, section or provision of this Rules shall be held

invalid or unconstitutional, the other provisions not affected
by such declaration shall remain in full force and effect.
Nothing in this Rules shall repeal any issuances which have
more stringent measures issued by other regulatory agencies
for the achievement of safe and health working conditions for
workers.

Department of Labor and Employment

OCCUPATIONAL SAFETY AND HEALTH CENTER
Section 33. REPEALING CLAUSE

All rules and regulations or

other issuances or parts thereof
which are inconsistent with this
Rules are hereby modified or
repealed.

Department of Labor and Employment

OCCUPATIONAL SAFETY AND HEALTH CENTER
Section 34. EFFECTIVITY

This Rules shall take effect

fifteen (15) days after its
publication in a newspaper of
general circulation.

Department of Labor and Employment

OCCUPATIONAL SAFETY AND HEALTH CENTER
 EFFECTIVITY

• Signed : 06 December 2018

• Published : 09 January 2019

• Effectivity : 25 January 2019

Department of Labor and Employment

OCCUPATIONAL SAFETY AND HEALTH CENTER
Maraming Salamat!
Website: www.oshc.dole.gov.ph
Email: [email protected]

Department of Labor and Employment

OCCUPATIONAL SAFETY AND HEALTH CENTER