CHAPTER 9:
OSH LEGISLATION
Objectives:
Working on this module should help you to
• identify laws and policies which govern OSH identify
laws and policies which govern OSH administration in
the Philippines;
• determine government agencies which administer
such laws;
• explain the various strategies for OSH administration
1. Labor Code of the Philippines
Article 162 – Safety and health standards. The Secretary of
Labor and Employment shall, by appropriate orders, set and
enforce mandatory occupational safety and health standards to
eliminate or reduce occupational safety and health hazards in all
workplaces and institute new, and update existing, programs to
ensure safe and healthful working conditions in all places of
employment
Article 164 – Training programs. The DOLE shall develop and
implement training programs to increase the number and
competence of personnel in the field of occupational safety and
industrial health.
Article 164 – Administration of safety and health laws.
a. The DOLE shall be solely responsible for the administration and enforcement
of occupational safety and health laws, regulations and standards in all
establishments and workplaces wherever they may be located; however,
chartered cities may be allowed to conduct industrial safety inspections of
establishments within their respective jurisdictions where they have
adequate facilities and competent personnel for the purpose as determined
by the DOLE and subject to national standards established by the latter.
b. The Secretary of DOLE may collect fees for inspections of steam boilers,
pressure vessels and pipings, electrical installations, tests and approvals for
safe use of materials, equipment and other safety devices, and plans for such
materials, equipment and devices. These fees will be deposited in the
national treasury to the credit of the occupational safety and health fund and
used exclusively for the administration and enforcement of safety and other
labor laws administered by the DOLE.
Article 128 Visitorial and Enforcement Power.
a. The Secretary of Labor and Employment or his duly
authorized representatives, including labor regulation officers,
shall have access to employer’s records and premises at any
time of the day or night whenever work is being undertaken
therein, and the right to copy there from, to question any
employee and investigate any fact, condition or matter which
may be necessary to determine violations or which may aid in
the enforcement of this Code and of any labor law, wage order
or rules and regulations issued pursuant thereto.
b. The Secretary of DOLE or his duly authorized representatives have the
power to issue compliance orders to give effect to the labor standards
provisions of this Code and other labor legislation based on the findings of
labor employment and enforcement officers or industrial safety engineers
made in the course of inspection. The Secretary or his duly authorized
representatives shall issue writs of execution to the appropriate authority
for the enforcement of their orders, except in cases where the employer
contests the findings of the labor employment and enforcement officer
and raises issues supported by documentary proofs not considered in the
course of inspection. (As amended by Republic Act No. 7730, June 2,
1994).
The Secretary of Labor and Employment can appeal an order issued by
the representative, but an employer must post a cash or surety bond
issued by a reputable bonding company in the amount equivalent to the
monetary award. This is amended by Republic Act No. 7730, June 2, 1994.
c. The Secretary of Labor and Employment can order a stoppage of work or
suspension of operations of any unit or department of an establishment when
non-compliance with the law or implementing rules and regulations poses
grave and imminent danger to the health and safety of workers. A hearing
must be conducted within 24 hours to determine whether the order should
be lifted. In cases where the violation is attributable to the employer, the
employer must pay the employees their salaries or wages during the period of
the stoppage.
d. It shall be unlawful for any person or entity to obstruct, impede, delay or
otherwise render ineffective the orders of the Secretary of DOLE or his duly
authorized representatives issued pursuant to the authority granted under
this Article, and no inferior court or entity shall issue temporary or permanent
injunction or restraining order or otherwise assume jurisdiction over any case
involving the enforcement orders issued in accordance with this Article.
e. Any government employee found guilty of violation
of, or abuse of authority, under this Article shall, after
appropriate administrative investigation, be subject to
summary dismissal from the service.
f. The Secretary of DOLE may, by appropriate
regulations, require employers to keep and maintain
such employment records as may be necessary in aid of
his visitorial and enforcement powers under this Code.
2. Presidential Decree 626
3. Presidential Decree 856 – Code on Sanitation
4. Republic Act 8504 – An act promulgating policies and
prescribing measures for the prevention and control of
HIV/AIDS in the Philippines, instituting a nationwide HIV/AIDS
information and educational program, establishing a
comprehensive HIV/AIDS monitoring system, strengthening
the Philippine National Aids Council, and for other purposes.
5. Republic Act 9165 – An act instituting the Comprehensive
Dangerous Drugs Act of 2002repealing Republic Act No
6425, otherwise known as the Dangerous Drugs Act of
1972, as amended, providing funds therefore, and for
other purposes
6. Republic Act 6969 – An act to control toxic substances and
hazardous and nuclear wastes, providing penalties for
violations thereof, and for other purposes.
7. Local Government Act – decentralizes some national
government functions to LGUs. Ex. Inspection of buildings, health
care provisions, etc.
8. Executive Order 307 – An Executive Order issued during
President Corazon C. Aquino’s term, establishing the Occupational
Safety and Health Center in the Employees’ Compensation
Commission” attached agency of the Department of Labor and
Employment as the national focal point on OSH trainings,
researches, information and technical services.
The Occupational Safety and Health Standards (OSHS)
OSHS is actually a codification of all safety and health rules and
regulations, including safety orders then in existence at the time.
OSHS has many provisions. To some extent, many of its provisions
have already been discussed in the technical discussions that have
been undertaken in the previous modules.
Selected OSHS Provisions
What will be discussed instead are the significant and major
provisions. These are significant in the sense that these are the most
often-asked questions and which relates to items that will seriously
affect the operations of the company. These are:
Rule 1001 - Purpose and Scope
1. The objective of this issuance is to protect every
workingman against the dangers of injury, sickness or death
through safe and healthful working conditions, thereby
assuring the conservation of valuable manpower resources
and the prevention of loss or damage to lives and properties,
consistent with national development goals and with the
State’s commitment for the total development of every
worker as a complete human being.
2. This standards shall apply to all places of employment
except as otherwise provided in this Standards.
Rule 1005 - Duties of Employers, Workers and other Persons
1. Each employer covered by the provisions of this Standards shall:
a. Furnish his workers a place of employment free from hazardous
conditions that are causing or are likely to cause death, illness or
physical harm to his workers.
b. Give complete job safety instructions to all his workers, especially
to those entering the job for the first time, including those relating to
the familiarization with their work environment, hazards to which the
workers are exposed to and steps taken in case of emergency; c.
Comply with the requirements of this Standards; and d. Use only
approved devices and equipment in his workplace.
2. Every worker shall cooperate with the employer in carrying out the
provisions of this Standards. He shall report to his supervisor any work
hazard that may be discovered in his workplace.
3. Every worker shall make proper use of all safeguards and safety
devices furnish in accordance with the provisions of this Standards for
his protection and that of others, and shall follow all instructions given
by the employer in compliance with the provision of this Standards.
4. It shall be the duty of any person, including any builder or contractor
or enforcement agent, who visits, builds, renovates, or installs devices,
or conducts business in any establishment or workplace, to comply
with the provisions of this Standards and all regulations of the
employer issued thereunder as well as with other subsequent issuances
of the Secretary.
Rule 1012.02 – Abatement of Imminent Danger
1. An imminent danger is a condition or practice that could
reasonably be expected to cause death or serious physical harm
before abatement under the enforcement procedure can be
accomplished.
2. When an enforcement officer finds that an imminent danger
exists in a workplace, he shall inform the affected employer and
workers of the danger and shall recommend to the Regional
Director the issuance of an Order for stoppage of operation or
other appropriate action for the abatement of the danger.
Pending the issuance of the Order the employer shall take
appropriate measures to protect the workers.
3. Upon receipt of such recommendation, the Regional Director
shall immediately determine whether the danger exists and is of
such a nature as to warrant the issuance of a Stoppage Order or
other appropriate action to minimize the danger.
4. The Order shall require specific measures that are necessary to
avoid, correct or remove such imminent danger and to prohibit the
presence of any worker in such location where such danger exists,
except those whose presence are necessary to avoid, correct or
remove such danger or to maintain a continuous process or
operation. Where stoppage of operation is ordered, the Order shall
allow such correction, removal or avoidance of danger only where
the same can be accomplished in a safe and orderly manner.
5. Immediately after the issuance of Stoppage Order, the
Regional Director shall furnish the Secretary, through the
Director, within forty-eight (48) hours a copy of the Order and
all pertinent papers relating thereto, together with a detailed
description of the work conditions sought to be corrected, the
safety and health rule violated by the employer and the
corrective measures imposed. The Secretary shall review the
Order issued by the Regional Director and within a period of
not more than five (5) working days, issue a final Order either
lifting or sustaining the Order of the Regional Director.
6. The Order shall remain in effect until danger is removed or
corrected.
Rule 1013 - Hazardous Workplaces For purposes of this Standards,
the following are considered “hazardous workplaces:”
a. Where the nature of work exposes the workers to dangerous environmental
elements, contaminants or work conditions including ionizing radiation,
chemicals, fire, flammable substances, noxious components and the like;
b. Where the workers are engaged in construction work, logging, firefighting,
mining, quarrying, blasting, stevedoring, dock work, deep sea fishing, and
mechanized farming;
c. Where the workers are engaged in the manufacture or handling of
explosives and other pyrotechnic products;
d. Where the workers use or are exposed to power driven or explosive powder
actuated tools;
e. Where the workers are exposed to biologic agents like bacteria, fungi,
viruses, protozoas, nematodes, and other parasites.
Rule 1043.01 - Health and Safety Committee The Health and
Safety Committee is the planning and policy making group in all
matters pertaining to safety and health. The principal duties of
the Health and Safety Committee are:
1. Plans and develops accident prevention programs for the
establishment.
2. Directs the accident prevention efforts of the establishment in
accordance with the safety programs, safety performance and
government regulations in order to prevent accidents from occurring in
the workplace.
3. Conducts safety meetings at least once a month.
4. Reviews reports of inspections, accident investigations, and
implementation of programs.
5. Submits reports to the manager on its meetings and
activities.
6. Provides necessary assistance to government inspecting
authorities in the proper conduct of their activities such as the
enforcement of the provisions of this Standards.
7. Initiates and supervises safety training for employees.
8. Develops and maintains a disaster contingency plan and
organizes such emergency service units as may be necessary
to handle disaster situations pursuant to the emergency
preparedness manual for establishments of the Office of Civil
Defense
.
Rule 1050 – Notification and Keeping of Records of Accidents
and/or Occupational Illnesses 1053 Report Requirements
1053.01:
1. All work accidents or occupational illnesses in places of
employment, resulting in disabling condition or dangerous
occurrence as defined in 1053.02 shall be reported by the
employer to the Regional Labor Office or duly authorized
representative in duplicate and a copy furnished the employee of
his duly authorized representative using form
DOLE/BWC/HSD-IP-6.
The formal report shall be submitted by the employer on or before the
20th day of the month following the date of occurrence of the accident
or when the illness is established and
an investigation report in the prescribed form shall be submitted by the
Regional Office or duly authorized representative on or before the
30th day of the same month. In case of temporary
total disability where the injured or ill employee has not reported back
to duty on the closing date of reporting, an estimate of the probable
days of disability shall be made and entered in the report and corrected
after the return of the injured, the corrected days of absence shall be
used.
2. Where the accident or illness results in death or permanent total
disability, the employer, in
addition to the written report required under sub-paragraph (1) above,
shall initially notify the
Regional Labor Office or duly authorized representative within twenty
four (24) hours after
occurrence using the fastest available means of communication.
3. All deaths and permanent total disabilities shall be investigated by
the Regional Office orduly authorized representative within forty eight
(48) hours after receipt of the initial report of
the employer, prepared in duplicate using the prescribed form
DOLE/BWC/OHSD IP-6a.
Reporting Forms
In summary, the following are the reporting
requirements of the OSHS,
- registration of establishments-IP-3
- report of safety and health organization- IP-5
- employer’s work accident/illness report-IP-6
- annual work accident/illness exposure data report-IP-
6B; and
- annual medical report form 47-A.
Rule 1070 – Occupational Health and
Environmental Control
It is the basis for the conduct of work environment
measurements (WEM) by the OSHC. It
provides for certain values on the permissible level exposures
of many contaminants and
other physical hazards.
Rule 1080 - Personal Protective Equipment
1081 – General Provision
1081.01: Every employer as defined in 1002:
5. Shall at his own expense furnish his workers with protective equipment for
the eyes, face, hands and feet, protective shields and barriers whenever
necessary by reason of the hazardous nature of the process or environment,
chemical or radiological or other mechanical irritants or hazards capable of
causing injury or impairment in the function of any part of the body through
absorption, inhalation or physical contact.
5. Deduction for the loss or damage of personal protective equipment shall be
governed by Article 114, Book III, Labor Code of the Philippines, and Section
14, Rule VIII, Book III, Omnibus Rules Implementing the Labor Code.
1081.02: All personal protective equipment shall be of the
approved design and construction appropriate for the
exposure and the work to be performed.
1081.03: The employer shall be responsible for the
adequacy and proper maintenance of personal protective
equipment used in his workplace.
1081.04: No person shall be subjected or exposed to a
hazardous environmental condition without protection.
Rule 1980 - Authority of Local Government
1981.01: Types of Inspection: For the purpose of this Standards,
inspection activities shall be divided into Technical Safety Inspection
and General Safety Inspection.
1. Technical Safety Inspection – shall refer to inspection for the purpose
of safety determination of boilers, pressure vessels, internal combustion
engines, electrical installations, elevators, hoisting equipment and other
mechanical equipment.
2. General Safety Inspection – shall refer to inspection of the work
environment, includingthe location and operation of machinery other than
those covered by technical safetyinspections, adequacy of work space,
ventilation, lighting, conditions of work environment,
handling, storage or work procedures, protection
facilities and other safety and health hazards in workplace.
Rule 1990 – Final Provisions 1995: Penal Provisions
All violations of the provisions of this Standards shall be subject to the
applicable penalties provided for in the Labor Code, PD 442 as amended.
Government responses aside from enforcement
With regards to government legislation as a whole, instructor reminds
participants that enforcement is only one response but not the only response of
the government. Such approaches include:
• Zero Accident Program (ZAP)
• Employees’ Compensation Program (ECP)
• Work Improvement in Small Enterprises (WISE)
• Program on OSH in the Informal sector
• OSH in Schools
• Child Labor
• Quick Reaction Teams like Work ALERT, medical surveillance on SJS, and
many others.
