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RA 11058: Penalties for OSH Violations

The document outlines penalties for violations of occupational safety and health standards under RA 11058, including fines ranging from ₱20,000 to ₱100,000 for issues like failure to provide safety training or protective equipment. It also lists the contact information for the Department of Labor and Employment regional offices responsible for enforcement. D.O. 183-17 governs enforcement procedures with DOLE regional offices having jurisdiction over workplaces.

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Pamela Miranda
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910 views2 pages

RA 11058: Penalties for OSH Violations

The document outlines penalties for violations of occupational safety and health standards under RA 11058, including fines ranging from ₱20,000 to ₱100,000 for issues like failure to provide safety training or protective equipment. It also lists the contact information for the Department of Labor and Employment regional offices responsible for enforcement. D.O. 183-17 governs enforcement procedures with DOLE regional offices having jurisdiction over workplaces.

Uploaded by

Pamela Miranda
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd

Penalties for Violations Directory of DOLE Regional Offices

National Capital Region (NCR) Cordillera Administrative Region


Willful failure or refusal to comply with OSH Standards or DOLE-NCR Bldg., (CAR)
compliance orders shall be penalized with not more than 967 Maligaya St., Malate, 1004 Manila Cabinet Hill, 2600 Baguio City
P100, 000 daily until full compliance; reckoned from the Telephones: (02) 400-6242 & 243-3596 / Tel. # (074) 443-5339
date of issuance of Notice of Results or Compliance Order. 310-7572 & 310-4017 (074) 442-2447
Republic of the Philippines
Fax: (632) 400-6241 dolecar88@[Link]
Prohibited Acts and its Corresponding Penalties: dolencr_planning@[Link] car@[Link]
Department of Labor and Employment
Registration of establishment to DOLE P20,000 BUREAU OF WORKING CONDITIONS
Region 1 Region 2 Intramuros, Manila
Provision of job safety instruction or orientation prior to work P20,000 Parammata Bldg., Sitio 5, Brgy. Biday Turingan Bldg., Campos St., Caritan
P25,000 City of San Fernando, Centro, Tuguegarao City, 3500 Cagayan
training, mandatory OSH training for safety officers and health 2500 La Union Telephones: (078) 304-5085/
personnel)
Tel. # 700-2520 844-1540
Provision of safety signage and devices P30,000 Telefax: (072) 607-8114 Imsd_services@@[Link]
Provision of medical supplies, equipment and facilities P30,000 Dole_ro1@[Link]

Submission of reportorial requirements as prescribed by OSH P30,000 Region 3 Region 4-A CALABARZON Key Points of
standards 3/F & 4/F, Andenson Bldg. II,
Provision of safety officer and/or OH personnel P40,000 Brgy. Maimpis,City of San Fernando Barangay Parian, Calamba City, RA 11058
2000 Pampanga 4027 Laguna
Provision of certified personnel or professional required by the P40,000
OSH standards Tel. # (045) 455-1619 / 4551617 Tel. # (049) 545-7357/545-0292

Establishment of a safety and health committee P40,000


Telefax: (045) 455-1613 Telefax: (049) 545-7360 Occupational Safety and Health Standards
dolero3@[Link] Dolero4@[Link]
Formulation and implementation of a comprehensive safety and P40,000 and Providing Penalties for
health program Region 4-B MIMAROPA Region 5
3rd Flr. Confil Bldg., Doña Aurora St., Old Albay,
Provision of information on hazards and risk (absence of chemi- P40,000
Roxas Drive. Lumangbayan, Calapan City 4500 Legaspi City
cal safety data sheet, no written SOP in materials handling,
lifting etc. no permitting system for confined spaces/hot works, Oriental Mindoro Tel. # (052) 480-5831 and its IRR (D.O. 198-18)
no lock-out/tag-out system etc. Tel. # (043) 288-2080; 288-2078 Telefax: (052) 480-3058
Provision of sanitary and welfare facilities P40,000 doleregion4b@[Link] ro5dole@[Link]
Use of approved or certified devices and equipment for the task P50,000 Region 6 Region 7
Provision of PPE or charging of provided PPE to workers P50,000 G/F Swan Rose Bldg., Commission Civil St., 3rd & 4th Flr., DOLE-RO7 Bldg.
Jaro, Iloilo City 5000 Gen. Maxilom Ave. corner
Compliance with DOLE issued WSO P50,000 Luna St., La Paz, Gorordo Ave., Cebu City
Compliance to other OSH standards P40,000 5000 Iloilo City Telephones: (032) 266-9722 &
Tel. # (033) 320-2377 Telefax: (033) 320- (032) 236-6795
Repeated violation of the same prohibited act shall be pe- 8026 dole_centralvisayas@[Link]
nalized of the corresponding fine plus 50% for every in- doleregion6@[Link]
stance of repeat violation
Region 8 Region 9
When the violation exposes the worker to death, serious DOLE Compound. Trece Martirez St., 3/F, QNS Bldg., Veterans. Ave.
injury or serious illness, the imposable penalty shall be 6500 Tacloban City 6500 Tumaga, Zamboanga City 7000
P100,000 Tel. # (053) 832-0698 Tel. # (062) 995-0214
Additional P100,000 fine for refusal to access the workplace, Telefax: (053) 832-0697 Telefax: (062) 991-2673
refusal to provide or allow access to records, obstruct con- dolero8_tssd@[Link] dole9record@[Link]
duct of investigation, misrepresentation and making retalia- Region 10 Region 11
tory measures such as termination, refusal to pay, reducing Monte Carlo Bldg., RER Phase I, 4th Flr., Davao Ching Printers Bldg. cor.
wages and benefits or discriminates any worker who has Dacudao Ave. & Lakandula St., Agdao
given information relative to inspection Tel. # (088) 857-2218 8000 Davao City
Telefax: (088) 858-1685 Tel. # (082) 226-2481
dole10@[Link] Telefax: (082) 226-2671
Enforcement/Effectivity
dole11davao@[Link]

Enforcement is through the DOLE-Regional Offices having Region 12 Region 13


jurisdiction over the workplace 102 Acepal Bldg., Mabini Extension, Koronadal City, CARAGA Regional Office
9506 South Cotabato Nimfa Tiu Bldg., JP Rosales Ave.
D.O. 183-17 shall govern the procedure in the implementa- Telephones: (083) 228-2190 & 228-4920 8600 Butuan City
tion of DOLE D.O. 198-18 Telefax: (083) 520-0125 Tel. # (085) 342-9503
[Link]@[Link] Telefax: (085) 225-3229
OSH Law IRR,DOLE D.O. 198-18 effectivity:25 January 2019 dolecaraga13@[Link]
Coverage Occupational Safety and Health (OSH) Programs
All private establishments where work is being undertaken
including establishments located inside special economic zones Covered workplaces through the Health and Safety Commit-
tee (HSC), shall develop and implement a suitable OSH Pro- All workers shall have FREE access and use of the following
and other investment promotion agencies (e.g. Philippine Eco-
gram following the DOLE-prescribed format. welfare facilities:
nomic Zone [PEZA], Clark Development Corporation [CDC])
Utilities engaged in air, sea and land transportation OSH Program shall be submitted and considered approved Adequate supply of safe drinking water
Exemption Public Sector (national government agencies, upon stamped-received by concerned DOLE-Regional Office Adequate sanitary and washing facilities
government-owned and controlled corporations with original or Field Office. Pre-approved program shall be validated Suitable living accommodation as may be applicable such
charters, government financial institutions, state universities during inspection and may be modified by DOLE as neces- as in construction, shipping, fishing and night workers
and colleges and local government units) sary, based on existing laws, rules and regulations. Separate sanitary, washing and sleeping quarters for all
The HSC shall review and evaluate the OSH Program at least genders, as may be applicable
Duties and Rights once a year or as necessary. A revised copy of the program Lactation Station
shall be submitted to DOLE. Ramps, railings and the like
provide a safe and healthy workplace through
A suitable Construction Safety and Health Program (CHSP) Medical Facilities (treatment room/clinic)
the following, among others:
specific for each construction project shall be submitted to
Capacity building of all workers including mandatory trainings;
concerned DOLE-Regional Office or Field Office for its ap- the OSH Standards and other issuances
Provision of information on OSH; proval prior to start of the project.
Use of devices/equipment with approved industry standards; The total cost of implementing OSH Programs shall be an Joint and Solidary Liability
Compliance with all the requirements of the OSH Standards;
Provide appropriate DOLE tested and approved PPEs FREE of The employer, project owner, contractor or subcontractor and
charge to the workers. OSH Personnel Complement
any person who manages, controls or supervises the work
All covered workplaces shall have qualified OSH being undertaken shall be jointly and solidarily liable for com-
To know the different types of hazards in the workplace; personnel: pliance with the Occupational Safety and Health Standards and
Be provided with training, education and orientation; First Aider Dentist corresponding penalties for violations.
To refuse unsafe work without threat or reprisal from the em- Safety Officer Physician
ployer in cases of imminent danger. Affected workers may be Nurses Incentives
temporarily assigned to other work areas; [Number and type of OSH personnel are based on the
To report accidents and dangerous occurrences to DOLE-ROs number of employees and the correct determination by Incentives may be given to qualified employers and work-
and other government agencies in the most convenient way; the Safety Officer of his/her workplace classification] ers in recognition of their efforts in ensuring compliance
Workers shall be free from retaliation for reporting any acci- *Refer to Table of OSH Personnel on Sec. 14 & Sec. 15
with the OSH standards.
dent; of D.O. 198-18
Incentives shall be given in the form of training, additional
Workplace Classification based on Risks protective equipment, technical guidance, recognition
Safety and Health Training Requirements
awards and the like.
Based on the level of risks brought about by the nature of activi-
ties/business processes in the establishment; determined by the All OSH personnel shall undergo the prescribed mandatory
company safety officer. trainings from DOLE-accredited Safety Training Organiza- Inter-Government Coordination and Cooperation
Low Risk Workplace refers to those with less exposure to tions or its recognized training institutions .
All workers shall undergo the mandatory 8-hour OSH semi- A Joint Coordinating Committee shall be established to
safety and health hazards, having low level of danger, with no
or less probability to cause an accident, harm, injury or illness nar as prescribed by DOLE. This training may be conducted effectively implement the Law and its IRR.
Medium Risk Workplace refers to those having moderate ex- by the company safety officer in a staggered manner. The Committee shall develop mechanisms for harmonizing
posure to safety and health hazards and with probability of an Workers performing critical occupations shall undergo the
accident, injury or illness if no preventive or control measures mandatory competency assessment and certification by OSH, with reference to the Law .
are in place TESDA. DOLE to collaboratively work with DENR, DOE, DoTR, DA,
High Risk Workplace refers to those wherein presence of haz- DPWH, DTI, DILG-LGUs, DOH, DICT, PEZA and other govern-
ards affects not only workers but persons outside establish- by the employer or by other regulations in the performance ment agencies.
ment; with high level of exposure to safety and health hazards; of their task shall be undertaken at no cost to the worker
probability of major accident is likely to occur and considered as compensable working time.

Common questions

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Enforcement of OSH standards involves DOLE regional offices, which have jurisdiction over workplace inspections and compliance checks. Coordination among agencies like DENR, DOE, DoTR, and others ensures comprehensive oversight and adherence to safety protocols across various sectors. This collaborative approach helps harmonize regulations and policies, thus enhancing the overall efficacy of enforcing OSH standards .

RA 11058 imposes substantial fines for non-compliance, such as P100,000 daily for continued non-compliance and additional penalties for specific violations like obstructing investigations. These punitive measures are designed to deter non-compliance and motivate companies to prioritize safety measures proactively, promoting a culture of safety in workplaces by making it financially prudent to comply .

Mandatory provision of PPE at no cost enhances workplace safety by ensuring all employees have access to necessary protective gear, thus reducing the risk of injury or illness. It improves employee welfare by addressing fundamental safety needs and aligns with OSH standards compliance, pushing employers to adhere to safety commitments and invest in adequate protective measures, thus fostering a safer working environment .

OSH training requirements include mandatory 8-hour seminars, competency assessments, and certifications for critical occupations, all provided at no cost to workers. Employers must ensure all workers undergo necessary training, which aims to enhance safety knowledge and reduce accidents. This structure supports a culturally embedded understanding of safety, empowering workers and holding employers accountable for maintaining a safe environment .

The Joint Coordinating Committee is tasked with harmonizing the mandates, policies, and guidelines related to OSH across agencies. By developing integrated strategies and coordinating efforts, the committee ensures consistent implementation of safety measures, improves compliance, and contributes to a unified approach towards occupational safety across different regions .

OSH standards under RA 11058 require establishments to implement specific frameworks tailored to their risk levels. For example, low-risk workplaces have fewer exposure hazards, requiring basic safety measures. Medium-risk workplaces must address moderate safety and health hazards, while high-risk workplaces need extensive safety programs due to significant hazard exposure. OSH programs must include mandatory training, submission of safety plans to DOLE, and provision of PPE .

Workplace classification into low, medium, or high risk under the OSH law determines the safety measures required. Low-risk workplaces have minimal safety protocols, medium-risk workplaces must address more significant hazards, while high-risk workplaces need extensive safety programs. This classification influences the extent of safety measures, focusing resources and compliance efforts proportional to the level of workplace hazards, thus optimizing safety outcomes .

Under RA 11058, employers, project owners, contractors, subcontractors, and management personnel are jointly responsible for compliance with OSH standards. Their duties include providing a safe and healthy workplace, capacity building through mandatory training, using industry-approved devices, and offering necessary PPE to workers free of charge. This collective responsibility ensures that all stakeholders are accountable for maintaining worker safety and health .

Failing to register an establishment with DOLE results in penalties that discourage non-compliance. A fine of P20,000 is imposed for such failures, highlighting the seriousness of adhering to administrative requirements. This registration is crucial for monitoring and enforcing safety standards, as it enables DOLE to keep a detailed oversight on establishments' compliance, thus strengthening enforcement efforts .

For willful failure or refusal to comply with OSH standards or compliance orders, a penalty of up to P100,000 per day is imposed until full compliance is achieved, starting from the issuance date of the Notice of Results or Compliance Order. This includes additional fines for repeated violations, exposure of workers to death or serious injury, and obstructing investigations .

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