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OSH Legislation,

Administration and
Enforcement
ADMINISTRATIVE ORGANIZATION FOR OSH

The DOLE is the lead agency of the government


in charge in the administration and
enforcement of laws, policies, and programs
on occupational safety and health.

• (Legal basis: Presidential Decree No. 442)

LABOR CODE OF THE PHILIPPINES


DOLE Thrusts

•Promotion of employment and


human resources development
•Maintenance of industrial
peace
 Workers’ protection and
welfare
OSH LEGISLATIONS
•Law : P.D. 442
•Title : Labor Code of the Philippines
•Year Passed : 1974
•Relevant Provisions : Book IV, Titles I & II
•Implementing Agency: DOLE
•Content: A consolidation of labor and social laws to afford full protection to labor,
promote employment and human resources development and ensure industrial peace
based on social justice.
 Book IV, Title I
Chapter I
Medical and Dental
Services
Chapter II
Occupational Safety
Legal Basis of the
Occupational Safety and Health Standards

 Article 162, Chapter II:


Safety and Health
Standards:
The Secretary of Labor 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.
Occupational Safety & Health Standards

1000: General Provisions


1010: Other Safety Rules
1020: Registration
1030: Training of Personnel in OSH
1040: Health & Safety Committee
1050: Notification & Keeping of Records of Accidents and/
or Occupational Illnesses
1060: Premises of Establishments
1070: OH and Environmental Control
1080: Personal Protective Equipment & Devices
1090: Hazardous Materials
1100: Gas and Electric Welding & Cutting Operations
1120: Hazardous Work Processes
1140: Explosives
1150: Materials Handling & Storage
Occupational Safety & Health Standards

1160: Boiler
1170: Unfired pressure Vessels
1200: Machine Guarding
1210: Electrical Safety
1220: Elevators & Related Equipment
1230: Identification of Piping System
1410: Construction Safety
1420: Logging
1940: Fire Protection & Control
1950: Pesticides & Fertilizers
1960: Occupational Health Services
1970: Fees
1980: Authority of Local Government
1990: Final Provisions
Occupational Safety & Health Standards

 DOLE Agencies involved in OSH

BWC, ECC / OSHC

 Function of DOLE Regional Offices

 Enforce OSH laws through the conduct of inspection .

 Provide assistance relative to enforcement functions


such as technical advisory functions, dissemination of
information and suggestions to improve working
conditions.
Occupational Safety and Health Standards

• 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.
Occupational Safety and Health Standards

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 furnished in accordance with the
provisions of OSHS for his protection and the
protection of others.
• Follow all instructions by the employer in
compliance with the OSHS provisions
Occupational Safety and Health Standards

 Administrative Report Requirements:


 Registration (IP-3)
 Report of work-related accidents (IP-6)
 Report of health & safety committee organization
(IP-5)
 Quarterly report of safety program and minutes of
meetings of health and safety committee
 Annual work accident / illness exposure data
report (IP-6B)
 Annual medical report (OH-47A)
Occupational Safety & Health Standards

Rule 1020 – Registration


Free of charge
Valid for the lifetime of the company
Requirements:
1. Lay-out plan of the workplace, floor by floor, in a scale of
1:100 meters showing all physical features of the
workplace including storage, exit aisles machinery,
emergency devices and location.

Reasons for Re-Registration


 Change in name, address, owner
 Opening after previous closing
Occupational Safety & Health Standards

Rule 1050- Notification and Keeping of


Records of Work-related
accidents/illnesses
Submission of work accident reports
(Disabling Injuries)
(Determination of Work Accidents Frequency &
Severity Rates to measure Company Safety
Performance)
Occupational Safety & Health Standards

Rule 1040- Health & Safety Committee - is a


group of employees and management that plans and
develops policies in all matters related to OSH.

When to Organize: Within 1 month from date the business starts


operating and re-organized annually .

Types of HSCommittee: Type A – E depending on the no. of


workers
( includes: Composition, Membership depending on the type of HSC
Functions of the HSC, Term of Office & Duties of Safety
Officer)
Occupational Safety & Health Standards

 RULE 1040 - Health and Safety Committee


 HOW TO ORGANIZE?

 SIZE

 400+ Workers : Type A


 200 - 400 Workers : Type B
 100 - 200 Workers : Type C
 Less than 100 Workers : Type D
 Joint Committee: Type E
•RULE 1040 - Health and Safety Committee
(TERM OF OFFICE)
PERMANENT MEMBERSHIP
•CHAIRPERSON
•PHYSICIAN /NURSE/FIRST-AIDER
•SAFETY OFFICER

DEPARTMENT HEAD – Maybe 1 year


WORKER MEMBERS – 1 TO 2 years
Occupational Safety & Health Standards
DUTIES OF THE HEALTH AND SAFETY COMMITTEE

1. Plans and develops accident prevention


program.
2. Inspects the workplace to detect unsafe
condition.
3. Reviews reports related to safety and health.
4. Provides necessary assistance to government
inspecting authorities.
5. Initiates and supervises safety trainings for
employees.
Occupational Safety & Health Standards

DUTIES OF THE SAFETY OFFICER

1. Advice the employer, supervisors and


workers on OSH.
2. Investigate work related accidents
3. Coordinate safety training programs
4. Conduct safety and health inspection
5. Act as secretary of HSC
6. Maintain accident records system
Occupational Safety & Health Standards

Article 157: Emergency Medical and Dental


Services – It shall be the duty of every
employer to furnish his employees in any
locality with free medical and dental
attendance and facilities
Occupational Safety & Health Standards

Rule 1960–Occupational Health


Services
Provisions: 1. Preventive Health Services,
2. Emergency Health Services,
3. Training of OH Personnel
4. OH Program at the workplace
Occupational Safety & Health 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 or which can be reached by
motor vehicle within twenty-five(25) minutes of travel
and that the employer provides transportation
facilities.
Occupational Safety & Health 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
Occupational Safety & Health Standards

 Rule 1030- Training and Accreditation of


OSH Personnel/Organization
Accreditation: OSH Practitioner
OSH Consultant
OSH Training Organization
OSH Consultancy Org.’n.
Required Safety Officer/Safety Man
Non-Hazardous workplace
Hazardous workplace
Highly Hazardous
Occupational Safety & Health Standards
 Training of personnel:
 Every employer shall take steps to train a sufficient number
of supervisors or technical personnel in occupational safety
and health
 Employ the required OSH personnel according to the ff.:

No. of workers Non-hazardous workplace *


1 - 250 One(1) part-time safety officer
251 - 500 Two(2) part-time safety officers
501 - 750 One(1) full-time safety officer
751 - 1000 One(2) full-time safety officers
Every add’l. 500 or fraction thereof One(1) add’l. full-time safety officer

* Based on Department Order No. 16, series of 2001


Occupational Safety & Health Standards
 Training of personnel:
 Every employer shall take steps to train a sufficient number of supervisors
or technical personnel in occupational safety and health.
 Employ the required OSH personnel according to the ff.:

No. of workers Hazardous * Highly hazardous *


1 - 50

51 - 200 1 part-time safety officer 1 full-time safety officer


201 - 250 1 full-time safety officer 1 FT & 1 PT safety officer
251 - 500 1 FT & 1 PT safety officer 2 full-time safety officer
Every add’l. 500 2 full-time safety officer 2 FT & 1 PT safety officer
or fraction thereof
Every add’l. 250 1 add’l. FT safety officer
or fraction thereof
1 add’l. FT safety officer

* Based on Department Order No. 16, series of 2001


HIGHLY HAZARDOUS ESTABLISHMENTS
• Petrochemical works/ refineries.
• Chemical works and production plants.
• LPG storage and materials.
• Stores and distribution center for
toxic/hazardous chemicals.
• Large fertilizer storage.
• Explosives factories.
• Works in which chlorine is used in bulk.
• Other activities similar as determined by BWC.
Based on Department Order No. 16, series of 2001