CONSTRUCTION OCCUPATIONAL SAFETY AND HEALTH

OSH LAWS & ISSUANCES

Book IV, Title I Medical, Dental and Occupational Safety

Occupational Safety and Health Standards, (OSHS)1978

DO 13 Guidelines Governing Safety and Health in the Construction Industry

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

DPWH - Department Order No. 56, S. 2005

All projects regardless of amount, funding source and mode of implementation shall comply with the minimum safety and health requirements.

SALIENT FEATURES OF DEPARTMENT ORDER NO. 13, series of 1998

Content:

Section 1: Definition of terms 25 terms as used in the guidelines were defined in order to clarify their meaning and to distinguish them from similar terms as defined in other issuances Section 2: Jurisdiction The Secretary of the Department of Labor and Employment, by virtue of Article 162 of the Labor Code of the Philippines, has the authority to issue appropriate laws related to the administration and enforcement of occupational safety and health in the Philippines

SALIENT FEATURES OF DEPARTMENT ORDER NO. 13, series of 1998

Content:

Section 3: Delegation of Authority DOLE has the power to delegate some enforcement powers to other government agencies and to private organizations provided that they have adequate personnel and facilities (These cover Technical Safety Inspections)

SALIENT FEATURES OF DEPARTMENT ORDER NO. 13, series of 1998

Content:

Section 4: Coverage The guidelines shall apply to all construction activities, including demolition, whether owned by the private or the government sector

SALIENT FEATURES OF DEPARTMENT ORDER NO. 13, series of 1998

Content:

Section 5: Construction Safety and Health Program Before the start of the actual construction, The construction project manager shall prepare and submit to DOLE a comprehensive construction safety and health program (for approval of the Bureau of Working Conditions) which shall include, but not limited to: Composition of the construction safety and health committee Specific H&S policies within the construction site Penalties for violation Training of workers Waste disposal Other requirements of D.O. No. 13, series of 1998

SALIENT FEATURES OF DEPARTMENT ORDER NO. 13, series of 1998

Content:

Section 6: Personal Protective Equipment All employers must provide personal protective equipment for all employees needing such equipment. All other persons entering the construction site must wear the necessary protective equipment. The equivalent cost for the provision of PPE shall be an integral part of the project cost.

SALIENT FEATURES OF DEPARTMENT ORDER NO. 13, series of 1998

Content:

Section 7: Safety Personnel A means of coordination was established wherein the main or general contractor shall have over-all management and coordination of all safety and health officers/personnel working within the construction site. All full-time safety and health personnel must be accredited by DOLE.

SALIENT FEATURES OF DEPARTMENT ORDER NO. 13, series of 1998

Safety Personnel
Number of Workers 1 - 50 51 - 200 201 250 Every additional 500 or fraction thereof Safety Personnel 1 part-time Safetyman 1 full-time Safetyman 1 full-time and 1 part-time Safetymen 1 additional full-time Safetyman

1 Safetyman for every 10 units of heavy equipment

SALIENT FEATURES OF DEPARTMENT ORDER NO. 13, series of 1998

Occupational Health Personnel
Number of Workers 50 or less 51 to 200 201 to 300 more than 300 OH Personnel

SALIENT FEATURES OF DEPARTMENT ORDER NO. 13, series of 1998

Occupational Health Facilities
Per 100 workers in excess of 300

Within 5 kms. Or 25 min. of travel

Emergency Health Provider

SALIENT FEATURES OF DEPARTMENT ORDER NO. 13, series of 1998

Content:

Section 8: Emergency Occupational Health Personnel and Facilities The same provisions of the existing Occupational Safety and Health Standards(OSHS) are reiterated. The provision for an emergency health provider was allowed. All other requirement such as emergency medicines, supplies, equipment and facilities shall conform with the OSHS.

SALIENT FEATURES OF DEPARTMENT ORDER NO. 13, series of 1998

Content:

Section 9: Construction Safety Signages Mandatory provision of safety and warning signs are reiterated not only for the protection of workers, but also the public in general. Signs should conform with the standard requirements of the OSHS.

WARNING: Hazardous Area. All personnel must wear protective equipment before entry

Usage of PPE Falling/ falling objects Explosives and flammable substances Tripping or slipping hazards Toxic or irritant airborne contaminants/substances Electrical facility Dangerous moving parts of machines Fire alarms/ fire fighting Instructional signs/ Update of man-hours lost

SALIENT FEATURES OF DEPARTMENT ORDER NO. 13, series of 1998

Content:

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 recognized association/organizations.

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

SALIENT FEATURES OF DEPARTMENT ORDER NO. 13, series of 1998

Content:

Section 11: Construction Safety and Health Committee All construction sites must have a general Construction Safety and Health Committee composed of safety and health representatives from each sub-contractor. The construction project manager shall head the committee. Each subcontractor shall have its own safety and health committee based on the existing requirements of the OSHS.

SALIENT FEATURES OF DEPARTMENT ORDER NO. 13, series of 1998

Safety and Health Committee
Composition Chairperson: Secretary: Members: Project Manager General Construction Safety and Health Officer Construction Safety and Health Officers Safety Rep. from Subcontractors Health Personnel Workers Representatives(minimum of 3)

Duties Plan, develop and oversee the implementation of accident prevention programs

SALIENT FEATURES OF DEPARTMENT ORDER NO. 13, series of 1998

Duties

Direct accident prevention efforts in accordance with rules/ program Conducts toolbox meetings everyday Review inspections and accident investigation reports Prepare and submit to DOLE minutes of committee meetings, work accidents and illnesses, and other reporting requirements Assist government inspectors Initiate/ supervise safety and health training for employees Develop and maintain a disaster contingency plan

SALIENT FEATURES OF DEPARTMENT ORDER NO. 13, series of 1998

Content:

Section 12: Safety and Health Information A detailed safety and health information system is included in the guidelines. These include orientation, instructions, and training for workers; means of conveying safety related information to all workers and specialized instructions and trainings for specialty workers and operators

SALIENT FEATURES OF DEPARTMENT ORDER NO. 13, series of 1998

General Safety and Health Measures

Basic rights and duties of workers Emergency procedures Good housekeeping Welfare and first-aid facilities Care and use of PPE Personal hygiene and health protection Safety and health rules and regulations Daily tool box meetings

SALIENT FEATURES OF DEPARTMENT ORDER NO. 13, series of 1998

Content:

Section 13: Construction Safety and Health Training All safety personnel assigned within the construction site are required to undergo the basic construction safety training course prescribed by the Bureau of Working Conditions. Continuing training (minimum of 16 hours per year) for all full-time safety personnel shall also be a responsibility of each constructor.

SALIENT FEATURES OF DEPARTMENT ORDER NO. 13, series of 1998

Specialized instruction and training

Operation of construction equipment Erection or dismantling of scaffolds Excavation works Handling of explosives Workers engaged in pile-driving Compressed air, cofferdams, and caissons Erection of steel structural frames and tall chimneys Handling hazardous substance and materials Rigging and signaling

SALIENT FEATURES OF DEPARTMENT ORDER NO. 13, series of 1998

Content:

Section 14: Construction Safety and Health Reports The monthly submission of summary reports to DOLE is required. The summary reports shall include safety committee meeting agreements, accident investigation reports, and hazard assessments with corresponding remedial action/measures required. Notification of major accidents to DOLE within 24 hours

SALIENT FEATURES OF DEPARTMENT ORDER NO. 13, series of 1998

Content:

Section 15: Construction Workers Skills A Skills certificate shall be required for construction related occupations which have been classified as Critical Occupations by TESDA. An occupational shall be considered as critical
When it may affect and endanger peoples lives and limbs When it involves the handling of hazardous tools, equipment, supplies When it requires a relatively long period of education and training When the performance of the job may compromise the safety, health and environment concerns within the immediate vicinity of the construction site.

SALIENT FEATURES OF DEPARTMENT ORDER NO. 13, series of 1998

Content:

Section 16: Workers Welfare Facilities The employer shall provide for adequate supply of safe drinking water, adequate sanitary and washing facilities in order to ensure humane conditions of work. Section 17: Cost of Construction Safety and Health Program The total cost of the Construction Safety and Health Program Shall be a mandatory integral part of the construction project. It shall be treated as a separate pay item and reflected in the projects bid tender documents.

SALIENT FEATURES OF DEPARTMENT ORDER NO. 13, series of 1998

Content:

Section 18: Effects on Other Issuances Definition of terms Provisions of other existing occupational safety and health guidelines not inconsistent with this Guidelines shall form part of this Department Order. Standards, rules and regulations not specifically provided shall remain in full force and effect. However, in the event that any provisions of the Guidelines is declared invalid by competent authority, the rest of the provisions thereof not affected shall remain in full force and effect.

SALIENT FEATURES OF DEPARTMENT ORDER NO. 13, series of 1998

Content:

Section 19: Violations and Penalties Violations committed by constructors as determined by DOLE after due process shall be considered as prima facie case of a construction mal-performance of grave consequence under RA 4566 (Constructors Licensing Law) as amended and pertinent IRR. In cases of imminent danger situations, the procedures/requirements of the OSHS and DOLE regulations shall be applied.

SALIENT FEATURES OF DEPARTMENT ORDER NO. 13, series of 1998

Content:

Section 20: Effectivity The Guidelines shall be immediately effective, that is, 15 days after publication in newspapers of general circulation, as provided in Article 5 of the Labor Code. D.O. No. 13, s.1998 was signed on July 23, 1998 and published on August 1, 1998 in the Philippine Daily Inquirer and on August 3, 1998 in Peoples Tonight