OSH LEGISLATION

Objectives

Upon completion of the module, participants will be

able to:
• Explain the government OSH regulations and other
responses to existing and potential OSH hazards;
• Discuss the various strategies for OSH
Administration in the Philippines; and
• Identify the different OSH reportorial requirements
and areas for compliance to the OSH Standards.
OSH LEGISLATIONS
LEGAL BASIS, PD 442
• Enacted in 1974
• Consolidated labor and social laws to
afford:
• Protection to labor
• Promote employment and human
resources development; and
• Ensure industrial peace
 The 1987
Book IV, Title I Philippine
Chapter I Constitution
Medical and Dental Labor Code,
Services
Philippines,
BOOK IV
Occupational
Chapter II Safety and
Health
Occupational Standards
Safety and
Health
DOLE OSH Framework in the Philippines
 

The Department of Labor and Employment - is the main Government arm

on OSH Concern . It has the following internal structure
Chapter II - Article 162 of PD. 442

• The Secretary of Labor shall by appropriate order,

set and enforce mandatory OSH Standards to
eliminate or reduce OSH hazards in all workplaces
and institute new and update existing programs to
ensure safe and healthful working conditions in all
places of employment.
Art. 164 Training programs

• This law specifies the Department of Labor and

Employment as the agency of the government which
initiates and accredits training programs on
occupational health and safety.
• The DOLE shall be solely responsible for the
administration and enforcement of occupational
safety and health laws, regulations and standards
in all establishments and workplaces wherever they
may be located.
• The DOLE may delegate this power to other agencies.
The Occupational Safety and Health Standards (OSHS)

Occupational Safety and Health

Standards - a set of mandatory rules on
OSH which codifies all safety orders
issued prior to its promulgation.
 Patterned after the Standards of other
developed countries.
Objective : protection of all workers
Coverage : all workplaces (DC No. 2 -
2008 – establishments engaged in land,
sea and air transportation are likewise
covered by these Standards)
1000: General Provisions
1010: Other Safety Rules
1020: Registration
1030: Training and Accreditation 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
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: OH Services
1970: Fees
1980: Authority of Local Government
1990: Final Provisions
Selected OSHS Provisions

Rule 1001 - Purpose and Scope

The objective of this issuance is to
protect every workingman against the
dangers of injury, sickness or death
through safe and healthful working
conditions
This standard shall apply to all places of
employment except as otherwise
provided in this Standards.
Rule 1005 - DUTIES OF EMPLOYER

 Furnish his workers a place of

employment free from hazardous
conditions.

 Comply with the requirements of the

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
Rule 1020 - Registration of
Establishments

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.
Rule 1020 – Registration
 Free of charge
 Valid for the lifetime of the company
Requirements:
 Submission of accomplished Registration Form.

Reasons for Re-Registration

 Change in name, address, owner
 Opening after previous closing
DEPARTMENT ODER NO. 198,
SERIES OF 2018
Implementing Rules and
Regulations of Republic Act of
No. 11058 Entitled “An Act
Strengthening Compliance with
Occupational Safety and Health
Standards and Providing
Penalties for Violations
Thereof”
I. COVERAGE
• It shall apply to all establishments, projects and sites and
all other places where work is being undertaken in all
branches of economic activity, including:
 Establishments located inside special economic zones
and other investment promotion agencies (e.g.,
Philippine Economic Zone Authority [PEZA], Clark
Development Corporation [CDC]);
 Utilities engaged in air, sea, and land transportation;
 Industries such as mining, fishing, construction,
agriculture, and maritime
 Contractors and subcontractors including those
engaged in the projects of the public sector.

• NOTE: The Rules does not apply to the public sector such as national
government agencies, government-owned and controlled corporations
with original charters, government financial institutions, state
universities and colleges and local government units
 
II. DUTIES AND RIGHTS

Employer’s duties
• Provide a safe and healthy workplace through the
following among others:
• Provide capacity building;
• Provide information on OSH;
• Use devices/equipment with approved industry
standards; and
• Provide appropriate PPEs free of charge
Workers Right
• Know the different types of hazards;
• Be provided with training, education, and
orientation;
• Refuse unsafe work in cases of imminent danger;
and
• Report accidents and dangerous occurrences.
 III. WORKPLACE CLASSIFICATION BASED ON RISKS

Low risk workplace – low level

of danger or exposure to safety and
health hazards and not likely or with
low probability to result in
Medium risk workplace
moderate exposure to safety and health
hazards and with probability of an accident,
injury or illness.

High risk workplace

Presence of hazard or potential hazard within
the company may affect the safety and/or
health of workers.
 The following are workplaces commonly
associated with potentially high-risk activities:
9. Mining;
1. Chemical works and chemical 10. Petrochemical works and refineries
production plants; 11. Power generation, transmission and
2. Construction; distribution in the energy sector;
12. Storage and distribution center for
3. Deep sea fishing;
toxic or hazardous chemicals;
4. Explosives and pyrotechnics 13. Storage of fertilizers in high volume;
factories; 14. Transportation ;
5. Firefighting; 15. Water supply, sewerage, waste
6. Healthcare facilities; management, remediation activities;
16. Works in which chlorine is used in
7. Installation of communication
accessories, towers and cables; bulk and
17. Activities closely similar to those
8. LPG filling, refilling, storage and
enumerated above and other activities
distribution;
as determined by DOLE in
accordance with existing issuances on
the classification of establishments.
 
 

• Certified first-aider – any

person trained and duly
certified to administer
first aid by the
https://tgraph.io/Learn-To-Save-Life-in-a-Minute--
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Philippine Red Cross

(PRC) or any
organization authorized
by the DOLE Secretary
https://tgraph.io/Learn-To-Save-Life-in-a-Minute--
You-Should-Know-Basic-Life-Support---Learning-
Medical-05-29
Labor Advisory 10. s. 19
•Safety Officer – any employee or officer of the company
trained by DOLE or DOLE-Accredited Training Organization
and tasked by the employer to implement an OSH program
•Safety Officer 1 (SO1) – mandatory 8-hour OSH orientation
course as prescribed in the OSH standards and 2-hour
trainer’s trainings
•Safety Officer 2 (SO2) – an employee who has completed the
mandatory forty 40-hour OSH training course applicable to
the industry as prescribed in the OSH standards.
•Safety Officer 3 (SO3)- 40-hour OSH training course
applicable
•to the industry; additional 48 hours of advanced/
specialized OSH training course
•-at least 2 years experience in OSH
Safety Officer 4 (SO4)- 4o-hour OSH training
course; 80 hours of advanced/ specialized
Occupational Safety training course
-aggregate of 320 hours of OSH related
training or experience
Occupational Health Personnel – a qualified
first- aider, nurse, dentist or physician
engaged by the employer to provide https://www.google.com/search?
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occupational health services in the

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establishment, project, site or workplace EBYKr6AWgAcAB4AIA

Worker” refers to any member of the labor force,
regardless of employment status.

Workers’ OSH Seminar” refers to the

mandatory eight (8)- hour module conducted
by the safety officer of the establishment or
any certified OSH practitioner or consultant,
as prescribed by the OSH standards (shall
include a portion on joint employer-employee
orientation).
OCCUPATIONAL SAFETY AND HEALTH
COMMITTEE
To ensure that the safety and health program is observed and enforced, a
Safety and Health Committee shall be organized in covered
workplaces.

a) For establishments with less than 10 workers and low risk establishments
with 10 - 50 workers. – A
SO1 shall establish an OSH committee composed of the following:
Chairperson : Company owner or manager
Secretary: Safety officer of the workplace
Member : At least one (1) worker, preferably a union member if organized
The safety officer of the workplace may also be the owner,
manager or his/her designated representative.

The company owner, manager or one of the workers of the

company shall undertake first aid training from the Philippine
Red Cross or any DOLE recognized organization.
b) For medium to high risk establishments with 10-50 workers and low to high
risk establishments with 51 workers and above. – The OSH committee of the
covered workplace shall be composed of the following:
Ex-officio chairperson : Employer or his/her representative

Secretary : Safety officer of the workplace

Ex-officio members : Certified first-aider, OH nurse, OH
dentist, and OH physician, as
applicable
Members : Safety officers representing the contractor or
subcontractor, as the case may be, and
representative/s of workers who shall come
from the union, if the workers are organized,
or elected workers through a simple vote of
majority, if they are unorganized

The OSH committee shall effectively plan, develop, oversee and monitor the
implementation of the OSH program.
c) For 2 or more establishments housed under one building or complex including
malls. – When two or more establishments are housed under one building or
complex, the health and safety committee organized in each workplace shall
form themselves into a Joint Coordinating Committee to plan and implement
programs and activities concerning all the establishments.

Chairperson : Building owner or his/her representative such as the

building administrator
Secretary : Safety officer of the building or complex appointed by the
Members : Chairperson
At least two safety officers from any of the establishment
housed under one building or complex
At least two workers’ representatives, one of which must
be from a union if organized, from any of the
establishment housed under one building or complex

The building administrator shall ensure that the Joint OSH committee
shall submit its organizational plans and minutes to the DOLE
Regional office, copy furnished the Bureau of Working Conditions.
 VI. Occupational safety and health Program

The OSH program shall be communicated and be

made readily available to all persons in the
workplace. It shall be updated periodically
whenever the DOLE, other regulatory or
government agencies and institutions promulgate
new rules, guidelines and other issuances related to
workers’ safety and health.
The company shall ensure that the core elements of
OSH program are integrated in the company OSH
program.

The company shall submit a copy of the OSH

program to the DOLE Regional, Provincial, Field
or Satellite Office having jurisdiction over the
workplace. A duly signed company commitment
to comply OSH requirements together with the
company OSH program using the prescribed
template shall be considered approved upon
submission EXCEPT for Construction Safety and
Health Program (CSHP) which shall need
approval by DOLE prior to construction.
VII. Safety and health Training Requirements
• All OSH personnel shall undergo the prescribed
mandatory trainings from DOLE or DOLE-Accredited
Training Organizations or its recognized training
institutions.
• All workers shall undergo the mandatory 8-hour
Workers’ OSH seminar as prescribed by DOLE.
• Workers performing critical occupations shall undergo
the mandatory competency assessment and
certification by TESDA.
• Orientations, seminars, and trainings required by the
employer or by other regulations, in the performance
of their task, shall be undertaken at no cost to the
worker and considered as compensable working time.
 VIII. Workers ‘Welfare Facilities
• Adequate supply of safe drinking water;
• Adequate sanitary and washing
facilities;
• Suitable living accommodation for
workers, as may be applicable such as in
construction, shipping, fishing and night
workers;
• Separate sanitary, washing and sleeping facilities for
all gender, as may be applicable;
• Lactation station except those establishments as
provided for under DOLE Department Order No.
143-15;
• Ramps, railings and the like; and
• Other workers’ welfare facilities as may be
prescribed by the OSH standards and other
issuances.
IX. Minimum Classification and number of Safety Officer

Number of Workers Low Risk Medium Risk High Risk

1 to 9 One (1) SO1 One (1) SO1 One (1) SO2

10 to 50 One (1) SO1 One (1) SO3

One (1) SO2
51 to 99
One (1) SO2
One (1) SO2 and One (1)
One (1) SO2 and
100 to 199 One (1) SO3 SO3

Two (2) SO2 or One (1) SO2 and

200 to 250 One (1) SO3 One (1) SO3 Two (2) SO3

Two (2) SO2 and One (1) SO2 and

251 to 500 One (1) SO3 Two (2) SO3 Two (2) SO3
The engagement of the services of a certified OSH
consultant (SO4) shall be allowed for a period not
longer than 1 year for establishments whose
designated safety officer has to be trained or is in
the process of completing the prescribed training
courses and relevant experience.
 X. Occupational Health and
Personnel Facilities
Low Risk Medium to High Risk
Number
OH OH
of OH OH First- OH OH
First-Aider Dentis Dentist
Workers Nurse Physician Aider Nurse Physician
t

- - - - - -
1-9
- - - - - -
10-50 1 1
- - - 2 PT - -
51-99

100-199 2 2 PT - - 2 1 FT 1 PT 1 PT

200-500 3-5 1 FT 1 PT 1 PT 3-5 1 FT 1 PT 2 PT

501-2000
6-20 1 FT 1 PT 2 PT 6-20 1 FT 1 FT 2 PT or
1 FT
 Low Risk Medium to High Risk
Number of OH OH
First OH OH First OH OH
Workers Dentist Dentist
- Nurse Physician - Nurse Physician
Aide Aide
r r
1 FT 1 FT
1 FT and 1 FT and
>2000 > 20 pe 1 FT > 20 pe 1 FT
2 PT 2 PT
r r
shif shif
t t

Every 100
workers or a 1 - - - - -
1
fraction
thereof

Every 250
workers or a - 1 FT - - - 1 FT - -
fraction
thereof

Every 500
1 FT or 1 FT or
workers or a - - 1 FT - - 1 FT
4 4 PT
fraction
PT
thereof
The employer may not establish an emergency
hospital or dental clinic in the workplace where
there is a hospital or dental clinic which is located
not more than five (5) kilometers away from the
workplace, accessible in not more than twenty-five
(25) minutes travel time,
and the employer has facilities readily
available for transporting workers to the
hospital or clinic in cases of emergency. For
this purpose,
The employer shall enter into a written contract
with the hospital or dental clinic for the use of such
hospital or dental clinic for the treatment of workers
in cases of emergency.

However, this shall not excuse the employer from

maintaining in his/her workplace a first aid
treatment room or clinic for workers which shall
be as follows:
PT = 4h/d, 3d/w; FT = 8h/d, 6d/w
OH personnel shall be placed
in shift with the highest number of workers
For OH dentists: Alternatively, establishments can
enter into a Memorandum of Agreement (MOA) for
dental services for workers; provided that the
requirements for dental facilities are met.

For OH physicians: If more than 1 PT physician is

required, a physician must be present in all work
days of the establishment.

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VISITORIAL POWER OF THE SECRETARY OF
LABOR AND EMPLOYMENT
Department Order No. 183, Series of 17 and the manual on
execution of judgments shall govern the procedures in the
conduct of inspection, mandatory conference, issuance of
order and execution thereof.

A mandatory conference not later than 72 hours shall be held

to determine whether the WSO will be lifted or not.

Imminent danger - One (1) day

PPE - Three (3) days
Others - Not exceeding Ninety (90) days based
on the approved action plan
XI. JOINT AND SOLIDARY LIABILITY
The employer, project owner, contractor, or
subcontractor, if any, and any person who manages,
controls or supervises the work being undertaken
shall be jointly and solidarity liable for compliance
with occupational safety and health standards
including the penalties imposed for violation thereof
AS PROVIDED FOR IN THIS RULES.
 XII. PENALTIES AND VIOLATION

Any willful failure or refusal of an employer,

contractor or subcontractor to comply with the
following OSH standards below or with a
compliance order issued by the Secretary of Labor
and Employment or his/her authorized
representative shall be penalized of the
administrative fines as follows:
SUMMARY OF REPORT
REQUIREMENTS

W ork Accident/Illness Report

(WAIR)
A nnual Exposure Data Report (AEDR)
R eport of Safety Organization (RSO)
M inutes of the Meetings of Health
and Safety Committee
A nnual Medical Report (AMR)
CLEAR POINTS

• The laws and other general safety and health

guidelines must be followed by all employers
and workers in all working conditions at all
workplaces because violations of any policies
thereon are punishable acts liable to
corresponding fine and penalties.
Monitoring of compliance and effectiveness of the
OSH Programs can be done through the conduct of
safety and inspections/assessments, conduct of Work
Environment Measurement and Annual Medical
Check-up
• Enforcement is one response but not the only
response.
THANK YOU!