OSH Legislation and

Administration and
Enforcement
Jefferson C. Palma
11/29/14

Republic of the Philippines

Department of Labor and Employment

VISION & MISSION

Attainment of full, decent and productive
employment for every Filipino worker.
Promote gainful employment opportunities,
develop human resources, protect workers
and promote their welfare and maintain
industrial peace.

Eleven (11) Attached Agencies

Employees Compensation Commission

Institute for Labor Studies
Maritime Training Council
National Conciliation and Mediation Board
National Labor Relations Commission
National Maritime Polytechnic
National Wages and Productivity Commission
Occupational Safety and Health Center
Overseas Workers Welfare Administration
Philippine Overseas Employment Administration
Technical Education and Skills Development Authority

6 BUREAUS

Labor and Employment Statistics

Labor Relations
Local Employment
Rural Workers
Women and Young Workers
Working Conditions

What are the Occupational Safety and

Health Standards?
OSH Standards are mandatory
rules and standards set and
enforced to eliminate or reduce
occupational safety and health
hazards in the workplace.
Occupational health and safety
is a cross-disciplinary area
concerned with protecting the
safety, health and welfare of
people engaged in work or
employment.

Labor Code of the Philippines

The OSH Standards are mandatory
rules on occupational safety and
health promulgated pursuant to
Article 162, Book IV of the Labor
Code of the Philippines, P.D. 442.
Art. 162. Safety and health
standards.
Art. 163. Research.

What does safety and health in the

workplace mean?
Safety refers to the physical or environmental
conditions of work which comply with
prescribed (OSH) Standards and which allow
the workers to perform the job without or
within acceptable exposure limit to hazards.
Health means a sound state of the body and
mind of the workers that enables the worker
or employee to perform the job normally.

What is the purpose of OSH

Standards?
OSH Standards aim to provide at least the
minimum acceptable degree of protection
that must be afforded to every worker in
relation to the working conditions and
dangers of injury, sickness or death that may
arise by reason of the worker's occupation.

What is the coverage by the General

OSH Standards?
All establishments, workplaces and other
undertakings are covered, including
agricultural enterprises whether operating for
profit or not, except:
Residential places exclusively devoted to
dwelling purposes.
Mines which is under the Department lf
Environment and Natural Resources (DENR).

What does right to safe and healthful

conditions of work mean?
It means that the worker shall be assured of
effective protection against the danger of
injury, sickness or death through safe and
healthful working conditions.

What is the minimum standard on

safety and health in the workplace?
Appropriate seats, lighting and ventilation;
Adequate passageways, exits and fire fighting
equipment;
Separate facilities for men and women;
Appropriate safety devices like protective gears,
masks, helmets, safety boots, coats or first-aid
kits;
Medicines, medical supplies or first-aid kits;
Free medical and dental services and facilities.

What other safety requirements should employers

provide their employees?
Employers must provide their employees with the following
instruments and/or working stations:
Appropriate protective equipment and clothing
A properly designed exhaust system and waste disposal,
local exhaust or general ventilation to keep toxic fumes or
gases, away from workers' breathing zone;
Adequate number of fire extinguishers in the workplace;
Designated safe smoking and welding areas far from
combustible, flammable or explosive materials, containers
filled with explosives or flammable substances, and
containers that have held explosives or flammable
materials;

What safety measures must be observed

within the premises of establishments?
Building premises shall have adequate fire,
emergency or danger signs and safety instructions of
standard colors and sizes visible at all times;
Other visible signs that may be needed to direct the
driver of motorized vehicle such as STOP, YIELD, and
DO NOT ENTER, properly positioned within the
compound of the establishment shall be used to
increase safety especially during the night;

What safety measures must be observed within

the premises of establishments?
Handicapped employees shall be restricted only to
designated workplaces. As far as practicable and
feasible they shall be provided with facilities for safe and
convenient movement within the establishment;
Good housekeeping shall be maintained at all times
through cleanliness of building, yards, machines,
equipment, regular waste disposal, and orderly
arrangement of process operations, storage and filing
materials;
Adequate dressing rooms, locker rooms, comfort rooms
and lavatories separate for male and female workers
shall be provided.

Who enforces OSH Standards?

The Secretary of Labor and Employment,
through the Regional Director or his other
authorized representative, enforces the OSH
Standards in the exercise of visitorial and
enforcement powers.

What is visitorial power?

refers to the authority to conduct inspections
or investigations in the premises of an
employer at any time of the day or night
whenever work is being undertaken.
necessary to determine violations or to
enforce the rights of workers under the Labor
Code.
Under this power, the employer may be
required to submit reports and other
documents to determine any violation.

What is enforcement power?

Refers to the authority of the Secretary or
the Regional Director to order an erring
employer, after due notice and hearing,
to comply with labor standards and issue
a writ of execution in case of noncompliance.

How are these Standards enforced?

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

If a worker or representative of workers or any

concerned person believes that such a violation
of the OSH Standards exists which threatens
with physical harm or poses imminent danger
to life, what shall he do to correct the danger?

The said worker or workers representative shall

request the RO for an inspection of their area
by giving full particulars or details regarding
such violation or danger.

What does the Regional Office do in

such a case?
The Regional Office evaluates the report and
conducts a special inspection or investigation
immediately in the subject establishment. The
complainant is notified in writing of the
outcome of such investigation.

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
M aterials 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*
M achine 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

What are the duties and responsibilities of the

employers and the employees in relation to
enforcement and compliance with OSH Standards in
the workplace?

Rule 1005: DUTIES OF EMPLOYER

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

DUTIES OF THE EMPLOYERS

Adopt administrative policies on safety in
accordance with the provisions of the
Standards;
Report to the Regional Director or his/her duly
authorized representative the policies
adopted and the safety organization
established;

DUTIES OF THE EMPLOYERS

Submit reports to the Regional Director or
his/her duly authorized representative once in
every three months on the safety
performance, safety committee meetings and
its recommendations and measures taken to
implement the recommendation;
Act on recommended safety measures;
Provide access to appropriate authorities.

Rule 1005: DUTIES OF EMPLOYEES

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

Rule 1005: DUTIES OF EMPLOYEES

Follow safety policies;
Report unsafe conditions and practices to the
Supervisor;
Serve as member of the Health and Safety
Committee;
Cooperate with Health and Safety Committee;
Assist government agencies in the conduct of
safety and health inspection.

General Provisions (Rule 1010)

DUTIES OF OTHER PERSONS
Any person including builders or contractors,
who visits, builds, innovates or installs devices
in establishments or workplaces shall comply
with the provision of OSHS rules and all
regulations issued by the employer in
compliance with the Standards and other
issuances of the Secretary.

Rule 1020 - Registration

Every employer shall register his/her business
with the Regional Labor Office or authorized
representative to provide the DOLE with
information as guide in its enforcement
activities.
Free of charge
Valid for lifetime, except when there is change
in name, location, ownership; opening after
previous closing

A workplace is deemed hazardous if:

The nature of the work exposes workers to dangerous
environmental elements, contaminants or work
conditions,
The workers are engaged in construction work, logging,
fire-fighting, mining, quarrying, blasting, stevedoring,
dock work, deep-sea fishing and mechanized farming
The workers use or are exposed to heavy or powerdriven machinery or explosive powder-actuated
equipment
The workers are engaged in the manufacture or
handling of explosives and other pyrotechnic products
The workers use or are exposed to biological agents.

considered highly hazardous workplace"

Petrochemical works and refineries;

Chemical works and chemical production plants;
LPG storage and materials;
Stores and distribution center for toxic/hazardous
chemicals;
Large fertilizer stores;
Explosives factories;
Works in which chlorine is used in bulk;
Activities closely similar to the activities enumerated
above;
Activities as determined by the Bureau in accordance
with existing issuances related to classification of
establishments

Rule 1030 - Training and Accreditation

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

Rule 1030 - Training and Accreditation

of Personnel in OSH
All Safety Officers must complete the Bureau
prescribed Training Course
A full-time safety officer must be duly accredited
by the BWC.
ACCREDITATION PROGRAM OF DOLE

OSH PRACTITIONER
Completion of Prescribed 40-Hour BOSH training
from a DOLE accredited or recognized
organizations.
Relevant experience in OSH
Three (3) years experience if applicant is duly licensed by
PRC
Four (4) years experience if applicant is a graduate of any 4
or 5 year college course without PRC license.
Ten (10) years experience if applicant is a college
undergraduate

What are the requirements for

Accreditation?
Duly accomplished Application Form (DOLE-BWCAF-PCN-A1).
Updated Original Certificate of employment
Original actual functions/job description duly
signed by the employer or authorized official of
the company.
Photo copy of previous employment certificate (if
necessary)
Photo copy of Certificate of Completion on the
40-Hour Bureau prescribed BOSH training course
from DOLE-BWC Accredited STOs

What are the requirements for

Accreditation?
Photo copy of Certificate of Attendance/
Participation to other OSH related trainings/
seminars from DOLE accredited / recognized
organizations/institutions
Photo copy of college diploma, transcript of
records and/or PRC license, if any
Proof of applicants achievements/
accomplishments/participation on OSH
( i.e. awards/recognitions, reports, programs
prepared and submitted)

Validity and Renewal of Accreditation

Accreditation shall be valid for three (3) years
and shall be renewed upon compliance with
minimum requirements pursuant to D.O. 16,
unless suspended, cancelled or revoked
Accreditation shall be renewed within the
prescriptive period of 30 calendar days prior
to expiration thereof.

RULE 1040 - Health and Safety

Committee
What is a Safety and Health Committee?
is a group of employees or workers and
management that plans and makes policies in
all matters pertaining to safety and health in
the workplace.
All establishments are required to have a
Safety and Health Committee.

When shall an establishment organize

a Safety and Health Committee?
In every workplace, a Safety and Health
Committee shall be organized within sixty
days after the Standards take effect, and for
new establishments, within one month from
the date business starts operating. In both
cases the Safety and Health Committee shall
reorganize every January of the following year.

What are the types and composition

of a Safety and Health Committee?

What are the duties of the Safety and

Health Committee?
Plan and develop accident prevention programs
in the workplace;
Inspect workplace to detect unsafe conditions;
Review reports of inspection, results of accident
investigations and implementation of accident
prevention program;
Conduct safety meetings at least once a month;
Submit reports to the manager/owner on its
meetings and activities;

What are the duties of the Safety and

Health Committee?
Provide necessary assistance to government
inspecting authorities in the proper conduct of
activities relating to enforcement of the
provisions of the Standards;
Train workers in safe work habits and procedures;
Develop and maintain a disaster contingency plan
and organize such emergency service units as
may be necessary to handle disaster situations
pursuant to the Emergency Preparedness Manual
for Establishments of the Office of Civil Defense.

END