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OSH Legislation, Administration

and Enforcement

Bureau of Working Conditions


DEPARTMENT OF LABOR AND EMPLOYMENT

OSH LEGISLATIONS

P.D. 442 otherwise


known as Labor Code
of the Philippines

Enacted in 1974
It revised and consolidated
labor & social laws to afford:
Protection to labor
Promote employment &
human resources
development; and
Ensure industrial peace

OSH LEGISLATIONS

P.D. 442 otherwise


known as Labor Code
of the Philippines

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

OSH LEGISLATIONS
P.D. 442, Book
IV, Title I
Chapter I
Medical and
Dental Services
Chapter II
Occupational
Safety

OSH LEGISLATIONS
P.D. 442, Chapter II - Article 162
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 place
of employment

OSH LEGISLATIONS
Art. 165 Administration & Employment
DOLE shall be solely responsible for the
administration, enforcement of laws, policies
and programs on occupational safety and
health. Chartered cities may be allowed to
conduct technical safety inspection of
establishments within their respective
jurisdiction.

LEGISLATIONS

Book IV, Title I


Medical, Dental and
Occupational Safety

OSH STANDARDS

Occupational Safety
and Health Standards,
(OSHS)1978

OSH STANDARDS
A set of mandatory
rules on OSH which
serve to protect all
industries (with the
exemption of four).

Rules of the Occupational Safety and


Health Standards
1000
1010
1020
1030
1040
1050
1060
1070
1080
1090
1100
1120
1140
1150

General Provisions
Other Safety Rules
Registration
Training & Accreditation
Health & Safety Committee
Notification & Keeping of
Occ. Illnesses & Injuries
Premises of Establishments
Environmental Control
Personal Protective Equipment
Hazardous Materials
Gas & Electric Welding &
Cutting Operations
Hazardous Work Processes
Explosives
Materials Handling & Storage

1160
1170
1180
1200
1210
1220
1230
1240
1410
1420
1940
1950
1960
1970
1980
1990

Boiler
Unfired Pressure Vessels
Internal Combustion Engine*
Machine Guarding
Electrical Safety
Elevators & Related
Equipment
Identification of Piping System
Power Piping Lines *
Construction Safety
Logging
Fire Protection & Control
Pesticides & Fertilizers
OH Services
Fees
Authority of LGUs
Final Provisions

 Rule 1000 - General Provisions


Rule 1005: DUTIES OF EMPLOYER
Furnish his workers a place of employment
free from hazardous conditions.
Give complete job safety instruction to all
his workers
Comply with the requirements of the
Standards.
Use only approved devices and equipment in
his workplace.

Rule 1005 : DUTIES OF WORKERS


Cooperate with the employer in carrying
out the provisions of the Standards.
Report any work hazard in the workplace
Make proper use of all safeguards and
safety devices.
Follow all instructions by the employer in
compliance with the OSHS provisions

 Rule 1020 - Registration


 Every employer shall register his/her

business with the Regional Labor Office or


authorized representative to provide the
DOLE with information as guide in its
enforcement activities.
 Free of charge
 Valid for lifetime, except when there is
change in name, location, ownership;
opening after previous closing
 Requirements : Lay-out Plan, IP Form 3

 Rule 1030 - Training and Accreditation of


Personnel in OSH
The BWC either directly or through accredited
organizations, shall conduct continuing training
programs to increase the supply and competence of
personnel qualified to carry out the provision of this
Standards.
Employer to appoint a safety officer on a full-time or
part-time basis depending on the type of workplace
(whether hazardous or non-hazardous) and number
of workers in the workplace.
* Based on Department Order No. 16, series of 2001

Safety Personnel in the Hazardous Workplace:


Number of
workers

Hazardous

1 - 50

1 part-time safety officer

1 full-time safety officer

51 - 200

1 full-time safety officer

1 FT & 1 PT safety officer

Highly hazardous

201 - 250

1 FT & 1 PT safety officer 2 full-time safety officer

251 - 500

2 full-time safety officer

2 FT & 1 PT safety officer

Every addl.
500 or fraction 1 addl. FT safety officer
thereof
Every addl.
250 or fraction
thereof

1 addl. FT safety
officer

For non-hazardous workplaces

Number of
workers
1 - 250

Non-hazardous
workplace *
One(1) part-time safety officer

251 - 500

Two(2) part-time safety officers

501 - 750

One(1) full-time safety officer

751 1000

Two(2) full-time safety officers

Every addl. 500 or


fraction thereof

One(1) addl. full-time safety officer

Rules of the Occupational Safety and


Health Standards
1000
1010
1020
1030
1040
1050
1060
1070
1080
1090
1100
1120
1140
1150

General Provisions
Other Safety Rules
Registration
Training & Accreditation
Health & Safety Committee
Notification & Keeping of
Occ. Illnesses & Injuries
Premises of Establishments
Environmental Control
Personal Protective Equipment
Hazardous Materials
Gas & Electric Welding &
Cutting Operations
Hazardous Work Processes
Explosives
Materials Handling & Storage

1160
1170
1180
1200
1210
1220
1230
1240
1410
1420
1940
1950
1960
1970
1980
1990

Boiler
Unfired Pressure Vessels
Internal Combustion Engine*
Machine Guarding
Electrical Safety
Elevators & Related
Equipment
Identification of Piping System
Power Piping Lines *
Construction Safety
Logging
Fire Protection & Control
Pesticides & Fertilizers
OH Services
Fees
Authority of LGUs
Final Provisions

Rule 1030 - Training and Accreditation of


Personnel in OSH
 Duties of Safety Officer
Advice the employer, supervisors and workers on OSH
Investigate accidents
Coordinate safety training programs
Conduct safety and health inspections
Maintain accident records system
Provide assistance to government agencies in the
conduct of health and safety inspection, accident
investigation or any other related programs.

Rule 1030 - Training and Accreditation of


Personnel in OSH

 A full-time safety officer must be duly


accredited by the BWC.
 ACCREDITATION PROGRAM OF DOLE
The employment of a full-time safety officer may not be
required if the employer enters into a written contract with a qualified
consultant or consulting organization whose duties and
responsibilities shall be the duties of a safety practitioner as stated in
this Rule. The employment of a consultant, however, will not excuse
the employer from the required training of his supervisors or technical
personnel.
Note:

 RULE 1040 - Health and Safety Committee

is a group of employees and


management that plans and
develops polices in all matters
pertaining to safety and health
in the workplace.

RULE 1040 - Health and Safety Committee (HSC)


Type
A

No. of
workers
401 up

Composition
Chairman

Members

- Manager or
authorized
representative
must be COO

Secretary
Safety
officer

2 dept. heads
4 workers (union
member)
company physician

201-400

- Manager or
authorized
representative
must be COO

1 supervisor
physician or nurse
3 workers

Safety
Officer

100 200

- Manager or
authorized
representative

1 foreman
3 workers
Nurse

Safety
Officer

<100

- Manager

1 foreman
3 workers
Nurse or first aider

Safety
Officer

Duties of Health and Safety Committee


1. Plans and develops accident prevention program
2. Directs the accident prevention efforts.
3. Provides necessary assistance to government
inspecting authorities
4. Initiates and supervises safety trainings for
employees
5. Develops and maintains a disaster contingency
plan

Duties of Employer
1. Establishes and adopts in writing
administrative policies on safety and health
2. Reports to the enforcing authority the policies
adopted and required report requirements.
3. Acts on recommended measures of health
and safety committee and in case of nonadoption, informs the committee of the reason

RULE 1040 - Health and Safety Committee


OSH
RULE
Rule 1040
Health and
Safety
Committee

REPORT/
FORM
Report of Safety
Organization DOLE/BWC/IP-5)

Minutes of the
Meeting No form
needed

WHERE TO
FILE

WHEN TO
FILE

2 copies, to be - Within one


(1) month
submitted to
after the
concerned RO
copy furnished organization
the Bureau
- At least on
quarterly
basis

 RULE 1050 - Notification & Keeping of Accident


and/or Occupational Illnesses
1053.01: Notification - All work accidents or occupational
illnesses, resulting in disabling conditions or dangerous
occurrences shall be reported by the employer to the
Regional Labor Office
 If a major work accident results in death or permanent total

disability, employer shall initially notify the Regional Labor Office


within 24 hours.

1054: Keeping of Records - The employer shall maintain


and keep an accident or illness record which shall be
open at all times for inspection by authorized personnel.

RULE 1050 - Notification & Keeping of Accident


and/or Occupational Illnesses

 Provides the safety officer means


for an objective evaluation of the
program
 Helps identify high injury rates
 Provides information on accident
causes which contributes to high
injury rates.

OSH STANDARDS
RULE 1050 - Notification & Keeping of Accident and/or
Occupational Illnesses
OSH RULE
Rule 1050
Notification and
Keeping of
Accidents
and/or
Occupational
Illnesses

REPORT/FORM

WHEN TO REPORT

WHERE TO
REPORT

On or before the 20th 2 copies, to


be submitted
day of the month
following the date of to concerned
occurrence of the
RO copy
furnished the
accident
Bureau
Annual Exposure
-On or before Jan. 20
Data Report (AEDR) - of the following year
(DOLE/BWC/IP-6b)
Work Accident Illness
Report (WAIR) DOLE/BWC/IP-6)
WAIR

Fatal/major accident

Within 24 hours

OSH STANDARDS
 RULE 1960 - Occupational Health Services
Every employer is required to
provide in his workplace
medical and dental services,
emergency medicines and
dental facilities.

OSH STANDARDS
OCCUPATIONAL HEALTH PERSONNEL

Refers to the qualified first aider,


nurse, dentist or physician, whose
services have been engaged by the
employer in order to provide
occupational health services in the
establishment.

OSH STANDARDS
No. of workers Hazardous workplace
1 50
51 -99
100 - 199
200-600
601 - 2,000
2,001 - above

Non-Hazardous
Workplace

Where the nature of work


First-aider per
shift FA
First-aider per shift FA Medicine
exposes
workers
to Medicines
:
dangerous environmental
First-aider
perhazardous
shift
First-aider per shift
elements,
ETR
ETR
contaminants,
PT
OH Nurse 4h/dionizing
6d/w
radiation, chemicals,
flammable
First-aider
persubstances
shift, FT nurse
First-aider per shift,
PT
doctor 4h/d 3d/w
EMC PT OH Nurse 4h/day
Construction,
mining, fire
ETR
PT
dentist
4h/d
3d/w
fighting, stevedoring, dock
work, deep
First-aider
per sea
shift, fishing,
FT nurse
First-aider per shift, FT nurse
ETR
EH
mechanized
PT
doctor 4h/d,farming
6d/w
PT doctor 4h/day, 3d/w
DC
PT
dentist
PT dentist
Dangerous
work
First-aider
per shift, FT nurse
First-aider/S, FT nurse
conditions
EC
FT doctor or 2 PT doctors EH
PT doctor 4h/d, 6/w
Manufacture
or handling
DC
FT
dentist
of explosives, pyrotechnic PT dentist
products
First-aider/S, FT nurse/S
First-aider/S, FT nurse/S
EH
EMC
FT doctor
PT doctor/S
FT doctor + PT doctor/S
Heavy
or+ power
drivenDC
DC
FT dentist
FT dentist
tools
and/or machinery

OSH STANDARDS
 Emergency Hospital An employer need not put up an
emergency hospital or dental clinic if there is a hospital or
dental clinic which is not more than five(5) kilometers
away in urban areas and 25 minutes travel in rural areas
provided contracts are entered into with the said hospital
or dental clinic and that the employer provides
transportation facilities.
Physician/Dentist shall be subject to call at any time in
other shifts during emergencies.

OSH STANDARDS
Health Program The physician engaged by the employer, in
addition to providing medical services in cases of
emergency, must also perform the following:
 Conduct pre-employment medical examination, free of
charge, for the proper selection of workers
 Conduct free of charge annual physical examination of
the workers
 Collaborate with safety and technical personnel in the
selection and placement of workers, including
investigation of work related accidents due to exposure to
health hazards
 Develop and implement a comprehensive health
program for the employees

OSH STANDARDS
REQUIRED REPORT UNDER RULE 1960

OSH RULE

REPORT/FORM

WHERE TO
FILE

Rule 1960
Occupation
al Health
Services

Annual Medical
Report (AMR)
DOLE/BW/OH-47A

2 copies
submitted to
concerned RO
copy furnished
the Bureau

WHEN TO
REPORT
On or before
the last day of
March of the
year following
the covered
period

 Rule 1070 - Occ. Health and Environmental Control


 The employer shall exert efforts to maintain and control the
working environment in comfortable and healthy conditions for the
purpose of promoting and maintaining the health of his workers.
 The employer shall carry out WEM where hazardous work is
performed and shall keep a record of such measurement which
shall be made available to the enforcing authority.
 WEM shall include temperature, humidity, pressure, illumination,
ventilation, concentration of substances & noise.

* The WEM shall be performed periodically as may be


necessary but not longer than annually.

 Rule 1080 -

Personal Protective
Equipment and Devices

1081.04 - No person shall be subjected or


exposed to a hazardous environmental
condition without protection.
1081.01 - Every employer shall at his own
expense furnish his workers with protective
equipment and barriers whenever necessary .

N otification and Keeping of Records of Accidents


and/or Occupational Illnesses (Rule 1050)

O ccupational Health Services (Rule 1960)


R egistration of business (Rule 1020)
T raining and Accreditation of Personnel
in OSH (Rule 1030)

H ealth & Safety Committee (Rule 1040)

W ork Accident/Illness Report (WAIR)


A nnual Exposure Data Report (AEDR)
R eport of Safety Organization (RSO)
M inutes of the Meetings of Health and Safety
Committee
A nnual Medical Report (AMR)

ADMINISTRATION AND
ENFORCEMENT OF OSH LAWS,
POLICIES, RULES AND
REGULATIONS

ADMINISTRATIVE ORGANIZATION FOR OSH

LCP, Article 165


 DOLE shall be solely responsible
for the administration and
enforcement of OSH laws,
regulations and standards in all
establishments
and workplaces
wherever
they may be located.

ADMINISTRATIVE ORGANIZATION FOR OSH

Authority of Local Government:


The Secretary may authorize local government units to
assume responsibility for technical safety inspection within
their respective jurisdiction where they have adequate
facilities and personnel
and subject to national standards
prescribed by this Department
Technical safety inspection covers the following:
Safety determination of mechanical equipment such as
boilers, pressure vessels, electrical installations, internal
combustion engines, elevators, hoisting equipment and other
mechanical equipment.

ADMINISTRATIVE ORGANIZATION FOR OSH

   
  carry out the mandate
provided for by
the LCP with regard to
OSH:
Bureau of Working Conditions
Occupational Safety and Health Center
 16 DOLE Regional Offices
Employees Compensation Commission
GSIS (Government Employees)
SSS (Private employees/workers)

ADMINISTRATIVE ORGANIZATION FOR OSH

DOLE
Office of the Secretary
ECC
BWC
OSHC

RO1

RO2

RO3

RO4

RO5

RO6

RO7

RO16

ADMINISTRATIVE ORGANIZATION FOR OSH

REGIONAL OFFICE The OSH laws are enforced by the


ROs through its LSED manned by
labor inspectors vested with visitorial
and enforcement power under Article
128 of the LCP.

ENFORCEMENT OF OSHS
Art. 128 - VISITORIAL and ENFORCEMENT
POWER
The Secretary of Labor or his duly authorized
representatives, including labor regulation
officers, shall have access to employment
records and premises at any time of the day or
night when there is a work being undertaken
therein for the purpose of determining compliance
with the provisions of OSHS Rules and
regulations and other policies on OSH.

ENFORCEMENT OF OSHS
FREQUENCY OF INSPECTION
 Every establishments or place of employment
shall be inspected at least once a year.
 Special inspection visit however, may be
authorized by the Regional Office to investigate
accidents, dangerous occurrences, or to
conduct surveys.

VISION

GOAL

A culture of safety, health and welfare at the


workplace and ethic of self-regulation and
voluntary compliance with Labor Standards in
all workplaces.

Voluntary Compliance to Labor Standards in


all Workplaces

General Labor
Standards

ISSUANCE

Occupational Health Technical Safety


& Safety Standards
Standards

D.O. 57 04
Effectivity: 31 January 2004

D.O 57-04 and the Manual on Labor Standards

 Self-assessment
 Inspection
 Advisory Services

Establishments covered under LSEF


Type of
Establishment
With less than 10
workers and
registered BMBEs
With 10 199
workers
With at least 200
workers &
unionized
establishments

Number of
Establishments

Mode of
Enforcement

743,628

Advisory Services

61,341

Inspection

5,393
(2,363 are unionized
w/ < 200 workers)

Self-Assessment

* Source: NSO, 2003 and BLES, 2004 for unionized establishments

 There are 193 inspectors nationwide to cover a total of 810,362 establishments

 Covers

establishments employing 200


workers and above and unionized
establishments
with
certified CBAs
regardless of the number of workers with
the use of a Checklist for SelfAssessment on Compliance with Labor
Standard

Frequency of f Self-Assessment To be conducted at


least once a year within 1 month from the receipt of
the Checklist (from RO), jointly by employer and
workers representative
(LMC, Health and Safety Committee and others)
Accomplishment of the Checklist - In triplicates (one
copy for R.O., one copy for workers/ union, one copy
for the employer)
Submission of the Checklist To be submitted by the
employer or his/ her duly authorized representative
within 5 days after the assessment, either by
personal delivery or through registered mail.
( PROCEDURES- MANUAL ON LABOR STANDARDS )

Checklist Validation Regional Monitoring

and Evaluation Team (RMET) shall check


the
documents
authenticity,
completeness and accuracy within 5
days upon submission
Spot Check shall be conducted upon the

recommendation
of
the
Regional
Monitoring & Evaluation Team.

 Covers establishments employing 10 199 workers


 Priorities

 existence of complaints/ imminent danger


 hazardous workplaces
 construction sites
 establishments employing women/ child workers

Rule 1004: Special Inspection,


Investigation and Review
Any worker or representative of workers or
any concerned person who believes that a
violation of any provision of the Standards
threatens physical harm or imposes
imminent danger to life, may request an
inspection by giving full particulars or
details regarding such violation or danger
to the Regional Labor Office.
( PROCEDURES- REVISED LABOR INSPECTION MANUAL )

Covers establishments employing less


than 10 workers and those
registered
as Brgy Micro Business E n t e r p r i s e s
(BMBEs)

 Conduct of Orientation Seminars and

authorized advisory/assistance visits

Any violation of Labor Standards during the


conduct of Inspection, Self-Assessment or any
case arising wherefrom shall be disposed of in
accordance with Articles 128, 129, 162 and 165 of
the LCP as amended, and its implementing rules &
regulations.
Article 128 Visitorial and Enforcement Power
Article 129 Recovery of wages, simple money claims and
other benefits
Article 162 Safety and Health Standards
Article 165 Administration of Safety and Health Laws

Enforcement of Health and Safety Cases


 In case of
imminent danger Labor
inspector shall inform the employer and the
worker and recommend to the Regional
Director an order for the Stoppage of
Operation
 In case of non-imminent danger -

The
Labor Inspector shall determine reasonable
periods of compliance depending on the
gravity of the hazards needing correction or
the period needed to come into compliance
with the OSHS.

Enforcement of Health and Safety Cases


Penal Provision The Regional Director may institute
criminal action for violation of Labor Standards
pursuant to Article 128 of the LCP.
Article 128 - provides that It shall be unlawful for any
person or entity to obstruct, impede or delay or
otherwise render ineffective the order of the Secretary
of Labor or his/her 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 order issued in accordance
with this Article.

Bureau of Working Conditions


Department of Labor and Employment
3/F DOLE Bldg., Muralla St. Intramuros Manila
Email: bwc@dole.gov.ph
Website: http//www.bwc.dole.gov.ph
Tel Nos. 527-3000 loc. 407
Fax: 527-3478