PHILIPPINE SETTING LEGAL FOUNDATION The OCCUPATIONAL SAFETY AND HEALTH STANDARDS is promulgated by virtue of the powers vested on the Department of Labor and Employment under Article 162 of the Labor Code of the Philippines.
Objective: Protect every working man 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. ADMINISTRATION AND ENFORCEMENT
The DEPARTMENT OF LABOR AND
EMPLOYMENT shall administer and enforce the provisions of the Standards. DOLE has access to every employer’s premises and records DOLE to inspect every establishment or place of employment at least once an year DOLE to determine reasonable period of compliance with recommendations
Not applicable to Transportation (DOTC) and Mining Industries (DENR)
DOLE Regulations, Safety Standards in Construction
For the interest and protection of the
Construction Industry, DOLE issued *Department Order No. 13, series of 1998 otherwise known as the Guidelines Governing Occupational Safety and Health in the Construction Industry.
* Issued on July 23, 1998 by DOLE Secretary Bienvenido E. Laguesma
DOLE DEPARTMENT ORDER NO. 13 s. 1998 Preamble: In the interest of ensuring the protection and welfare of workers employed in the construction industry, the protection and welfare of the general public, within and around the immediate vicinity of any construction worksite as well as the promotion of harmonious employer- employee relationship in the construction industry, and after consultations with the stakeholders in the construction industry, taking into consideration industry practices and applicable government requirement, these guidelines are hereby issued for all concerned. DOLE DEPARTMENT ORDER NO. 13 s. 1998 Salient Features: Section 1 – Definition of Terms 25 terms are defined for clarity and distinction from similar terms Section 2 – Jurisdiction Administration of OSH resides with the Secretary of DOLE Section 3 – Delegation of Authority DOLE has the prerogative to delegate enforcement powers to other government agencies and to private organizations (incl. Technical Safety Inspection) Section 4 –Coverage Applicable to all construction activities, incl. demolition, owned by the private or government sector DOLE DEPARTMENT ORDER NO. 13 s. 1998 Section 5 – Construction Safety and Health Program A comprehensive Construction Safety and Health Program shall be submitted to DOLE before actual construction in any project starts which shall include the following: 1. Composition of the construction safety and health committee 2. Specific H&S policies within the construction site 3. Penalties for violation 4. Training of workers 5. Waste Disposal 6. Other requirements of D.O. No. 13, s. 1998 DOLE DEPARTMENT ORDER NO. 13 s. 1998 Section 6 – Personal Protective Equipment Employers must provide personal protective equipment (PPE) to all workers, including all persons entering the construction site Cost of PPE is integral part of project cost DOLE DEPARTMENT ORDER NO. 13 s. 1998 Section 7 - Safety Personnel Each construction site shall have the minimum required Safety Personnel to ensure that the Construction Safety and Health Program is duly followed and enforced.
• 1 Safetyman for every 10 units of heavy equipment
DOLE DEPARTMENT ORDER NO. 13 s. 1998 Occupational Health Personnel Number of Workers OH Personnel 50 or less First Aider 51 to 200 Full-time Nurse 201 to 300 Full-time Nurse, part-time physician, part-time dentist More than 300 Full-time Nurse, full-time physician, full-time dentist
Occupational Health Facility
1 bed capacity Per 100 workers in excess of 300 Contract with hospital Within 5 kms or 25 mins. Of travel Emergency Health Provider DOLE DEPARTMENT ORDER NO. 13 s. 1998 Section 8 – Emergency Occupational Health Personnel and Facilities Competent emergency health personnel complemented with adequate medical supplies, equipment and facilities shall be provided by the owner within the worksite DOLE DEPARTMENT ORDER NO. 13 s. 1998 Section 9 – Construction Safety Signages Mandatory provision of safety and warning signs conforming to OSHS at the worksite. 1. Usage of PPE 2. Risk of falling/falling objects 3. Explosives and flammable substances 4. Tripping or slipping hazards 5. Toxic or irritant airborne contaminants/ substances 6. Electrical Facility 7. Dangerous moving parts of machine 8. Fire alarm/fire fighting 9. Instructional signs/update of man-hours lost DOLE DEPARTMENT ORDER NO. 13 s. 1998 Section 10 – Safety on Construction Heavy Equipment Specific guide for testing, transport, erection, and maintenance of heavy equipment All heavy equipment operators tested and certified by TESDA DOLE recognized groups/professionals to test and inspect heavy equipment Construction logbook for each equipment to be maintained DOLE DEPARTMENT ORDER NO. 13 s. 1998 Section 11 – Construction Safety and Health Committee Each construction site shall have at the start of work an organized Construction Safety and Health Committee to ensure that the Construction Safety and Health Program is observed and enforced. Composition of the Committee: Project Manager or his representative as Chairperson ex-officio General Construction Safety and Health Officer as Secretary Construction Safety and Health Officers as members Safety and Health personnel of sub-contractors as members Workers’ representative (minimum of 3) • Role of the Committee • Plans and develops accident prevention program Directs implementation of programs Conducts safety meetings at least once a month Reviews reports of inspections, accident investigations, & implementation of programs Provides OSH trainings for staff DOLE DEPARTMENT ORDER NO. 13 s. 1998 Section 12 – Safety and Health Information This emphasizes the need to inform the workers through proper orientation, instructions, and trainings. 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 meeting DOLE DEPARTMENT ORDER NO. 13 s. 1998 Section 13 – Construction Safety and Health Training Safety personnel of the construction site are required to undergo the construction safety training course prescribed by the DOLE – Bureau of Working Conditions 16-hours continuing training for all full-time safety personnel Specialized instruction and training on : 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 DOLE DEPARTMENT ORDER NO. 13 s. 1998 Section 14 – Construction Safety and Health Reports Submission of summary reports to DOLE on a monthly frequency. Reports to contain safety committee meeting agreements, accident investigation reports, hazard assessments with required remedial action/measures DOLE shall be notified of major accidents within 24 hours DOLE DEPARTMENT ORDER NO. 13 s. 1998 Section 15 – Construction Workers’ Skills For “Critical Occupations” classified by TESDA a Skills Certification shall be required Critical Occupations are : When it may affect and endanger people’s lives and limbs When it involves handling of nazardous 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 DOLE DEPARTMENT ORDER NO. 13 s. 1998 Section 16 – Worker’s Welfare Facilities Employer shall provide: Adequate supply of safe drinking water Adequate sanitary and washing facilities e.a. Portalets Up to 5 workers: 1 water closet, 1 wash station 6 to 25 workers: 2 water closets, 2 wash stations 26 to 50 workers: 3 water closets, 3 wash stations 51 to 75 workers: 4 water closets, 4 wash stations 76 to 100 workers: 5 water closets, 5 wash stations After the number of people exceeds 100, an additional wash station is required for every 25 people DOLE DEPARTMENT ORDER NO. 13 s. 1998 Section 17 - Cost of Construction n Safety and Health Program Shall be a mandatory integral part of the construction project Shall be considered as separate pay item , defined and clearly stated in the tender documents DOLE DEPARTMENT ORDER NO. 13 s. 1998 Section 18 – Effects on Other Issuances Provisions of other existing occupational and safety and health guidelines not consistent with these Guidelines shall form part of D.O. No. 13 Standards, rules and regulations not specifically provided shall remain in full force and effect If any provision of the Guidelines is declared invalid by competent authority , the rest of the provisions thereof not affected shall remain in full force and effect DOLE DEPARTMENT ORDER NO. 13 s. 1998 Section 19 – Violations and Penalties Violations of these Guidelines as determined by DOLE after due process shall be considered as prima facie case of construction mal-performance of grave consequences under RA 4566 (Constructors Licensing Law) and its IRR. In established imminent danger situations , the procedures/requirements of the OSHS and DOLE regulations shall be applied. Section 20 – Effectivity These Guidelines after being approved on July 23, 1998, became effective fifteen (15) after its publication in the Philippine Daily Inquirer ( August 1, 1998 ) and People’s Tonight (August 3, 1998). THANK YOU!