GROUP 2 (REPORT)

OSHS LEGISLATION PROHIBITED ACTS AND ITS

CORRESPONDING PENALTIES
The OSH Standards are mandatory rules on
Occupational Safety and Health promulgated
pursuant to Article 162, Book IV of the Labor Code
of the Philippines, P.D. 442.

RA 11058
An Act Strengthening Compliance with
Occupational Safety and Health Standards and
Providing Penalties for Violations thereof (OSH
Law)

D.O. NUMBER 198

Implementing Rules and Regulations of Republic
Act No. 11058 Entitled "An Act Strengthening
Compliance with Occupational Safety and Health
Standards and Providing Penalties for Violations
thereof"

OSH POLICY AND SAFETY STATEMENT

PENALTIES FOR VIOLATIONS
✓ An occupational health and safety
1. Employers who violate the (OSH) policy is a statement that
Occupational Safety and Health outlines an organization's commitment
Standards (OSHS) may soon be fined a to creating a safe and healthy work
P100,000 per day of non-compliance to environment for its employees.
the OSHS. The fines collected will be
used for the conduct of OSH trainings, ✓ Health and safety legislation requires all
education and other programs. employers implement workplace health
and safety programs.
2. Repeated violation of the same
prohibited act shall be penalized of the POLICY DECLARATION
corresponding fine plus 50% for every
instance of repeat violation. 1. Labor is a recognized as a primary
social and economic force by the state.
3. When the violation exposes the worker
to death, serious injury or serious 2. Hence, laborers shall be ensured of a
illness, the imposable penalty shall be safe and healthful workplace.
P100,000.
3. Employers must completely enforce
4. Additional P100,000 fine for refusal to and comply with all local laws, the
access the workplace, refusal to provide Philippine Labor Code, and
or allow access to records, obstruct internationally accepted standards for
conduct of investigation, occupational safety and health (OSH),
misrepresentation and making and they must impose sanctions for
retaliatory measures. any violations.
 DEFINITION OF TERMS
(LEGAL REQUIREMENTS) THE LAW
REQUIRES THAT THE WRITTEN HEALTH
AND SAFETY POLICY SHOULD INCLUDE • Safety Officer - Any employee or officer
THE FOLLOWING THREE SECTIONS: of the company trained by DOLE or
DOLE-Accredited Training Org and
1. a health and safety policy statement of tasked by the employer to implement
intent emphasizing the organization's OSH Program.
goals for health and safety.
• Safety Officer 1 (SO1) -Mandatory 8-
2. the organization for health and safety hour OSH orientation course as
listing the individuals with prescribed in the OSH standards and
responsibility for health and safety and 2-hour trainer's trainings.
their obligations.
• Safety Officer 2 (SO2) – An employee
3. the systems and practices for health who has completed the mandatory 40-
and safety that are in place. hour OSH training course applicable to
the industry as prescribed in the OSH
standards.
WHAT SHALL THE POLICY COVER?
• 40-hour OSH
Safety Officer 3 (SO3) –
It shall apply to all establishments, projects and training course applicable to the
sites and all other places where work is being industry; additional 48 hours of
undertaken in all branches of economic activity. advanced/specialized OSH training
1. ESTABLISHMENTS - Those that are course.
located inside special economic zones • Safety Officer 4 (SO4) – 40-hour OSH
and other investment promotion training course; 80- hours of
agencies (e.g., Philippine Economic advanced/specialized Occupational
Zone Authority [PZEA], Clark Safety training coarse aggregate of 320
Development Corporation [CDC].) hours of OSH related training or
experience.
2. UTILITIES - Those that are engaged in
air, sea, and land transportation. • Those that could
Certified First Aider -
perform first aid that are well trained
3. INDUSTRIES - Such as mining, fishing, and certified by the Phil. Red Cross or
construction, agriculture, and any organized authority by the DOLE
maritime. Secretary.

4. CONTRACTORS & SUBCONTRACTORS - • OCCUPATIONAL HEALTH PERSONNEL -

Including those engaged in the Those that are qualified to provide
projects of the public sector. occupational health services.

NOTE: The rules do not apply to the public • PERSONAL PROTECTIVE EQUIPMENT
sectors such as national government agencies, (PPE) - Specialized clothing/equipment
government-owned and controlled for protection against safety and health
corporations with original charters, government hazards.
financial institutions, state universities and
colleges, and local government units. • SAFETY AND HEALTH AUDIT - Regular and
critical examination on program
standards on safety and health of project
sites etc.
• SAFETY AND HEALTH COMMITTEE -
Spearheads the development, • Micro and Small Enterprises (MSEs) -
monitoring, and inspecting of OSH establishments employing less than 10
related matters. employees and establishments
employing less than 100 employees,
• SAFETY AND HEALTH PROGRAM - Rules respectively, regardless of
set conforming to OSH standards. capitalization.

• SAFETY SIGNAGE - Any emergency,

DUTIES OF EMPLOYERS
warning, or danger signpost conforming
to standards for safety and warnings in
• Providing a hazard free workplace
the workplace.
• Job safety instructions
• WORKPLACE - The site or location where • Hazard control and risk management
the workers will work under direct or • Training and protective measures
indirect control of the employer. • Emergency preparedness
• Compliance with reporting
• WORKER - Any member of the labor requirements
force, regardless of employment status.
DUTIES OF WORKERS
• WORKERS' OSH SEMINAR - The
mandatory 8-hour module conducted by • Participating in capacity building
the safety officer of the workplace as activities
prescribed by the OSH standards. • Proper use of safeguards and safety
devices
• Compliance with instructions
WORKER CLASSIFICATION BASED ON • Observing steps during emergencies
RISK • Reporting work hazards

1. High risk establishment - refers to a

workplace where danger or possible NOTE: WORKERS ALSO HAVE DUTIES SUCH AS
hazard inside the company may have an FOLLOWING THE OSH STANDARDS, USING PPE
impact on the safety and/or health of AND OTHER SAFETY DEVICES, AND REPORTING
WORK HAZARDS TO THE SUPERVISOR.
workers.

2. Medium risk establishment - A

RIGHTS OF WORKERS ARE INDICATED
workplace where there is moderate IN THE OSH LAW
exposure to safety and health hazards
and with probability of an accident, 1. Workers' Right to know.
injury, or illness. 2. Workers' Right to Refuse Unsafe Work
3. Workers' Right to Report Accident
3. Low risk establishment - A workplace 4. Workers' Right to PPE
where there is low level of danger or
exposure to safety and health hazards
and not likely or with low probability to WORKER'S RIGHT TO KNOW (All
result in accident, harm, or illness. workers shall be)

• Imminent Danger - A situation caused ➢ Informed by the employer about all

by a condition or practice in any place types of hazards in the workplace, and
of employment that could reasonably be provided access to training and
expected to lead to death or serious education on chemical safety and to
physical harm. orientation on data sheet of chemical
 safety, electrical safety, mechanical
safety, ergonomics, and other hazards
WORKERS' RIGHT TO REPORT
and risks. ACCIDENTS

➢ Be provided training and information ➢ Workers and their representatives shall

for all types of hazards in the workplace have the right to report accidents,
in a language and dialect that workers dangerous occurrences, and hazards to
can understand. the employer, to government agencies.

➢ A re-orientation on safety and health

workers in high-risk establishments WORKERS' RIGHT TO PERSONAL
must be conducted immediately PROTECTIVE EQUIPMENT (PPE)
following any changes in the operations
and productions process. ➢ All PPE shall be of the appropriate
type as tested and approved by the
WORKERS' RIGHT TO REFUSE UNSAFE DOLE based on its standards and/or
WORK other means of verification.

➢ The worker has the right of refusal to

➢ The usage of PPE in all
work without threat or reprisal from the
establishments, projects, sites and all
employer if, as determined by DOLE,
other places where work is being
an imminent danger situation exists.
undertaken shall be based on the
evaluation and recommendation of
➢ As a preventive measure, the safety the safety officer.
officer may, following his/her own
determination and without fear of ➢ Failure to provide appropriate PPE
reprisal, implement a work stoppage or in high-risk activities shall give rise to
suspend operations in cases of imminent the right of the worker to refuse
danger. unsafe work.

➢ The employer or safety officer cannot

require the workers to return to work
where there is a continuing imminent SAFETY AND HEALTH TRAINING
danger. REQUIREMENTS

➢ A worker may also refuse to work until

the lifting of the Work Stoppage
Order (WSO) after implementing the
appropriate corrective measures.

➢ Workers affected by the existence of an

imminent danger situation may be
temporarily assigned to other areas
within the workplace provided there
is no impending issue with safety and
health.

➢ Section 24 of these Rules shall apply

during the period of such (WSO) or
suspension of operations due to an
imminent danger situation.
WORKER'S WELFARE FACILITIES INCENTIVES

JOINT AND SOLIDARY LIABILITY