BOSH - OSH Legislation 2016

OSH Systems in the
Philippines
OSH Legislations
Department of Labor and Employment

OCCUPATIONAL SAFETY AND HEALTH CENTER
Session Objectives
At the end of the session, the 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
• Identify the different OSH reportorial requirements
and areas for compliance to the OSH Standards

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, Art. 165 LABOR CODE OF THE
PHILIPPINES)

Law : P.D. 442
Title : Labor Code of the Philippines
Year : 1974
Content : Consolidation of labor and social laws
to afford full protection to labor,
promote employment and human
resources development and ensure
industrial peace
Relevant
Provisions : Book IV, Titles I & II
Agency : DOLE

OSH Structural Framework
Department of Labor & Employment
(Policy Regulation)
Bureau of Working
Conditions (BWC) Employees
Occupational Safety (policy formulation)
and Health Center Compensation
(OSHC) Commission (ECC)
(technical services, DOLE Regional Offices (compensation/
research, training) (enforcement/ rehabilitation)
implementation)
Luzon Cluster Visayas Cluster Mindanao Cluster

CAR NCR
I II III V VIII VI IX XI
IV-A IV-B CARAGA VII X XII
Policy Framework
1. Labor Code of the Philippines
• Art. 162 – mandatory OSH Standards
• Art. 164 – OSH Trainings
• Art. 165 – administration and
enforcement
• Art. 128 – visitorial and enforcement
power

Policy Framework
Article 162 of the LCP
Secretary of Labor should:
• set mandatory standards and
• enforce such standards
Secretary of Labor should:
• develop and implement training programs;
• increase no. & competence of OSH personnel.

Policy Framework
• DOLE solely responsible for
administration and enforcement of
OSH laws, regulations, and
standards
• But, chartered cities may conduct
industrial safety inspections.

Policy Framework
1. Inspectors have access to employer
records and premises
• at any time when work is undertaken
• can copy such records
• can question workers
2. Can order compliance of labor laws
(after due notice and hearing)
3. Secretary can order stoppage of work
or suspension of operations in
imminent danger cases
OSH LEGISLATIONS
Book IV, Title I – Occupational Safety and

Medical, Dental and Health Standards (OSHS)
Occupational Safety 1978

OSH STANDARDS
A set of mandatory
rules on OSH which
codifies all safety
orders issued prior to
its promulgation.

OSH STANDARDS
Rule 1000 - General Provisions
Rule 1005: Duties of the Employer

• Furnish his workers a place of employment
free from hazardous conditions.
• Give complete job safety instructions to all
his workers.
• Use only approved devices and equipment in his workplace
• Comply with the requirements of the Standards.

OSH STANDARDS
Rule 1000 - General Provisions
Rule 1005: Duties of Workers
• Each worker shall cooperate with the employer in
carrying out the provisions of the Standards :
• Shall report any work hazard in the workplace.
• Shall make proper use of all safeguards & safety
devices furnished for his protection & the protection
of others.
• Shall follow all instructions by the employer in
compliance with the OSHS provisions

OSH STANDARDS
Rule 1020 - Registration of Establishments
• Every employer shall register his/her business with the

Regional Labor Office to provide the DOLE with
information as guide in its enforcement activities.
• Free of charge
• Valid for lifetime, except when there is change in name,
location, ownership; opening after previous closing
 Requirements : IP Form 3

Rule 1020 - Registration of Establishments
IP Form 3

OSH STANDARDS
Rule 1030 - Training and Accreditation of
OSH Personnel
• Employer to appoint a safety officer on a full-time or

part-time basis depending on the type of workplace
(whether hazardous or non-hazardous) and a
number of workers in the workplace.

Required Number of Safety Personnel in
the Workplace:
Number of
workers Hazardous * Highly hazardous *
1 – 50 1 Part Time Safety Officer 1 Full Time Safety Officer
51 - 200 1 Full Time Safety Officer 1 Full Time and 1 Part Time
Safety Officer
201 – 250 1 Full Time and 1 Part Time 2 Full Time Safety Officers
Safety Officer
251 – 500 2 Full Time Safety Officers 2 Full Time and 1 Part Time
Safety Officers
Every add’l. 500 or 1 additional Full Time
fraction thereof
Safety Officers
Every add’l. 250 or 1 additional Full Time
fraction thereof
Safety Officer

Required Number of Safety Personnel in
the Workplace:
Number of
workers Non Hazardous Workplace
1 – 250 1 Part Time Safety Officer
250 - 500 2 Part Time Safety Officers
501 – 750 1 Full Time Safety Officer
751 – 1000 2 Full Time Safety Officers
Every add’l. 500 or 1 additional Full Time Safety Officer

fraction thereof

OSH STANDARDS
OSH Personnel
Duties of Safety Officers
• Advice the employer, supervisors and workers on OSH
• Investigate accidents
• Coordinate safety training programs
• Conduct safety and health inspections
• Maintain accident records system
• Provide assistance to government agencies in the
conduct of health and safety inspection, accident
investigation or any other related programs

OSH STANDARDS
OSH Personnel
A full-time safety officer must be duly accredited by the DOLE

The employment of a full-time safety officer may not be
required if the employer enters into a written contract with
a qualified consultant or consulting organization whose
duties and responsibilities shall be the duties of a safety
practitioner as stated in this Rule. The employment of a
consultant, however, will not excuse the employer from
the required training of his supervisors or technical
personnel.
OSH STANDARDS
Rule 1040 – Health and Safety Committee
The Health and Safety Committee (OSH Committee) is a

group of employees and management personnel which
plans and develops policies in all matters pertaining to
safety and health in the workplace

Rule 1042 – Types and Composition of OSH
Committee
o Chairperson
o Manager or his authorized representative
o Secretary
o Safety Officer (trained as required by OSHS)
o Members
o Department Heads, Supervisors, Foremen
o Workers (if unionized, must be union members)
o Company Physician, Nurse/First Aider

Committee
A B C D
No. of Workers
>400 201-400 100-200 10-99
Manager or Manager or Manager or

CHAIRMAN Authorized Authorized Authorized Manager
Representative Representative Representative
2 Dept. Heads 1 Supervisor 1 Foreman 1 Foreman

MEMBERS 3 Workers 3 Workers
4 Workers 3 Workers
Physician Nurse or
Physician Nurse Nurse First Aider
SECRETARY Safety Officer Safety Officer Safety Officer Safety Officer

Committee
Joint Coordinating Committee
CHAIRMAN Chairman of the Establishment Committee
Two Supervisors from two different establishments

MEMBERS
Two Workers from two different establishments
Appointed by the Chairman

SECRETARY (in high rise, the Secretary is the Building Administrator)

Committee
o Duties of Health and Safety Committee
o Plans and develops accident prevention program

o Directs the accident prevention efforts.
o Provides necessary assistance to government
inspecting authorities
o Initiates and supervises safety trainings for employees
o Develops and maintains a disaster contingency plan

Rule 1040 – Health and Safety Committee
REPORT/
OSH RULE Where to File When to File
FORM
Rule 1040 Report of Safety 2 copies, to be - Within one (1)

Health and Organization - submitted to month after the
Safety DOLE/BWC/IP-5) concerned RO copy organization
Committee furnished the BWC
Minutes of the - Quarterly

Meeting – No
form needed

Report of Safety Organization
DOLE/BWC/IP-5

OSH STANDARDS
 RULE 1050 - Notification & Keeping Records of
Accidents and/or Occupational Illnesses
1053.01: Notification - All work accidents or occupational
illnesses, resulting in disabling conditions or dangerous
occurrences shall be reported by the employer to the Regional
Labor Office
 If a major work accident results in death or permanent total disability,
employer shall initially notify the Regional Labor Office within 24 hours.
1054: Keeping of Records - The employer shall maintain and

keep an accident or illness record which shall be open at all
times for inspection by authorized personnel.

OSH STANDARDS
 RULE 1050 - Notification & Keeping Records of
Accidents and/or Occupational Illnesses
• Provides the safety officer means for an objective evaluation

of the program
• Helps identify high injury rates
• Provides information on accident causes which contributes to
high injury rates

Rule 1040 – Notification & Keeping of Accident
and/or Occupational Illnesses
OSH RULE REPORT/FORM Where to

When to Report
Report
Rule 1050 Work Accident/Illness On or before the 2 copies, to

Notification Report (WAIR) - 20th day of the be submitted
and Keeping of DOLE/BWC/IP-6) month following the to concerned
Accidents WAIR date of occurrence RO copy
and/or of the accident furnished the
Occupational Bureau
Annual Exposure -On or before Jan. 20
Illnesses
Data Report (AEDR) - of the following year
(DOLE/BWC/IP-6b)
Fatal/major accident Within 24 hours

(DOLE/BWC/IP-6) (DOLE/BWC/IP-6b)

Rule 1960: Occupational Health Services
1961: General Provisions
1. Every employer shall establish in his place of employment

occupational health services in accordance with the
regulation & guidelines provided for under this rule.
2. The employer, workers, & their representatives, where they

exist, shall cooperate & participate in the implementation of
the organizational & other measures relating to occupational
health services.

1963: Emergency Health Services
1963.01: Medicines & Facilities
1963.02: Emergency Medical & Dental Services

Rule 1960: *Alternate each day
** Alternate workshift in a day
Occupational Health Services Non-Hazardous Workplaces
Number of
OH Physician OH Dentist OH Nurse First Aider
workers
1 – 50 1 Full time
1 Part time
51 – 99 4 hours/day 1 Full time
6x/week
1 Part time 1 Part time
100 – 199 1 Full time 1 Full time
4hrs/day 3x/week * 4hrs/day 3x/week *
1 Part time
1 Part time
200 – 600 4hrs/day 6x/week 1 Full time 1 Full time
4hrs/day 6x/week **
**
1 Full time or
1 Full time every 1 Full time
601 – 2,000 2 Part Time 1 Full time
shift every shift
4hrs/day 6x/week
1 Full time
1 Full time every 1 Full time
2,000 & more 1 Part time 1 Full time
shift every shift
4hrs/day 6x/week

Rule 1960: *Alternate each day
** Alternate workshift in a day
Occupational Health Services Hazardous Workplaces
Number of
OH Physician OH Dentist OH Nurse First Aider
workers
1 – 99 1 Full time
1 Part time
100 – 199 1 Full time
4hrs/day 6x/week
1 Part time 1 Part time

200 – 600 1 Full time 1 Full time
4hrs/day 3x/week * 4hrs/day 3x/week *
1 Part time 1 Part time 1 Full time every 1 Full time

601 – 2,000
4hrs/day 6x/week ** 4hrs/day 6x/week ** shift every shift
1 Full time
2,000 & more 1 Full time every 1 Full time
1 Part time 1 Full time
shift every shift
4hrs/day 6x/week

1963.03: Emergency Hospital

> An employer may not establish an emergency hospital or
dental clinic in his workplace as required in these regulations
where there is a hospital or dental clinic which is located not
more than five (5) kilometers away from the workplace, if
situated in any urban area, or which can be reached in
twenty-five (25) minutes of travel, if situated in rural area,
and the employer has facilities readily available for
transporting workers to the hospital or dental clinic in case of
emergency.

OSH RULE REPORT/FORM Where to

When to Report
Report
Rule 1960 Annual Medical Report 2 copies submitted to On or before

Occupational – (AMR) DOLE/BW/OH- concerned RO copy the last day of
Health Services 47A furnished the Bureau March of the
year following
the covered
period

Annual Medical Report Form(AMR) DOLE/BWC/OHSD/OH-47A

OSH STANDARDS
Rule 1070 - Occupational Health and Environmental Control

• The employer shall exert efforts to maintain and control the working
environment in comfortable and healthy conditions for the purpose of
promoting and maintaining the health of his workers.
 The employer shall carry out Work Environment Measurement (WEM)

where hazardous work is performed and shall keep a record of such
measurement which shall be made available to the enforcing authority.
 WEM shall include temperature, humidity, pressure, illumination,

ventilation, concentration of substances & noise.
* The WEM shall be performed periodically as may be
necessary but not longer than annually.

OSH STANDARDS
Rule 1080 - Personal Protective
Equipment and Devices
• 1081.04 - No person shall be subjected or exposed

to a hazardous environmental condition without
protection.
• 1081.01 - Every employer shall at his own expense

furnish his workers with protective equipment and
barriers whenever necessary .

Summary of OSH Administrative Rules
N otification and Keeping of Records of Accidents and/or

Occupational Illnesses (Rule 1050)
O ccupational Health Services (Rule 1960)

R egistration of business (Rule 1020)
T raining and Accreditation of Personnel in OSH (Rule 1030)
H ealth & Safety Committee (Rule 1040)

Summary of Reportorial 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)

Penal Provisions*
• Fine from P 1,000.00 to P 10,000.00;

• Imprisonment of not less than three (3)
months;
• Both fine and imprisonment; and
• Aliens can be deported.
* From the LCP

Department Order 131 s2013
Labor Laws Compliance System (LLCS)

General Provisions
Joint Assessment
Compliance Visit
MODES OF
Imminent Danger/
IMPLEMENTATION Accident w/no death
or injury
Occupational
Accident with
Safety & Health death or injury
Standards
Investigation OSHS violations
committed in plain
view

Certificates of Compliance
CERTIFICATIONS ISSUED
GLS OSHS
2 years 2 years

Enforcement is one response
but not the only response!


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OSH Systems in the

Department of Labor and Employment

Department of Labor and Employment

Department of Labor and Employment

Department of Labor and Employment

Luzon Cluster Visayas Cluster Mindanao Cluster

Department of Labor and Employment

Department of Labor and Employment

Department of Labor and Employment

Book IV, Title I – Occupational Safety and

Department of Labor and Employment

Department of Labor and Employment

Rule 1005: Duties of the Employer

Department of Labor and Employment

Department of Labor and Employment

• Every employer shall register his/her business with the

Department of Labor and Employment

Department of Labor and Employment

• Employer to appoint a safety officer on a full-time or

Department of Labor and Employment

1 – 50 1 Part Time Safety Officer 1 Full Time Safety Officer

Department of Labor and Employment

1 – 250 1 Part Time Safety Officer

250 - 500 2 Part Time Safety Officers

501 – 750 1 Full Time Safety Officer

751 – 1000 2 Full Time Safety Officers

Every add’l. 500 or 1 additional Full Time Safety Officer

Department of Labor and Employment

Department of Labor and Employment

A full-time safety officer must be duly accredited by the DOLE

The Health and Safety Committee (OSH Committee) is a

Department of Labor and Employment

Department of Labor and Employment

Manager or Manager or Manager or

2 Dept. Heads 1 Supervisor 1 Foreman 1 Foreman

SECRETARY Safety Officer Safety Officer Safety Officer Safety Officer

Department of Labor and Employment

Joint Coordinating Committee

CHAIRMAN Chairman of the Establishment Committee

Two Supervisors from two different establishments

Appointed by the Chairman

Department of Labor and Employment

o Duties of Health and Safety Committee

o Plans and develops accident prevention program

Department of Labor and Employment

Rule 1040 Report of Safety 2 copies, to be - Within one (1)

Minutes of the - Quarterly

Department of Labor and Employment

Department of Labor and Employment

1054: Keeping of Records - The employer shall maintain and

Department of Labor and Employment

• Provides the safety officer means for an objective evaluation

Department of Labor and Employment

OSH RULE REPORT/FORM Where to

Rule 1050 Work Accident/Illness On or before the 2 copies, to

Department of Labor and Employment

Department of Labor and Employment

1961: General Provisions