OSH SYSTEM IN THE PHILIPPINES

OSH SYSTEM IN THE PHILIPPINES

OSH

Prevention: Updating of
Enforcement:
Compensation/ Health & Safety
E.O. 307 Admin. Code
Rehabilitation: & other related
1987
P.D. 626 OSH Policies:
OSHC Admin. Code
• DOLE Labor 1987
Laws • ECC
Compliance • BWC -
Officers
OSH RELATED LAWS
 Commonwealth Act No. 104
(First Industrial Safety Law)
1936
 Republic Act No. 184
(Electrical Engineering Law)
1947
 Republic Act No. 1054
(Free Emergency Medical & Dental Treatment
Law) 1954
 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)

LABOR CODE OF THE PHILIPPINES
Philippine Constitution

Constitutional mandate to
safeguard the worker’s social and
economic well-being as well as his
physical safety and health
 POLICY FRAMEWORK

1. Labor Code of the Philippines

• Art. 128 – visitorial and
enforcement power
• Art. 162 – mandatory OSH
Standards
• Art. 164 – OSH Trainings
• Art. 165 – administration and
enforcement
 POLICY FRAMEWORK

Article 128 of the LCP

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
 A culture of safety, health and welfare at the workplace and ethic of self-regulation
VISION and voluntary compliance with labor standards in all workplaces

 Philippine Constitution
 Preamble – build a just & humane society, promote the common good and the
LEGAL
rule of law
BASES  Section 18, Art. II Declaration of Principles and State Policies
 Section 3, Art XIII Social Justice and Human Rights
 ILO Conventions on Labor Standards (100,95,99,138,111,144,17,19,89,59 177,110)
 Labor Code of the Philippines, as amended
 Books III & IV - Articles 128, 129, 162 & 165. Visitorial & Enforcement Powers
 Occupational Safety and Health Standards
 Related Laws on Working Conditions & Occupational Health and Safety
> National Building Code > Sanitation Code

> Mechanical Engineering Code > RA 4566 or Constructor’s Licensing Law

> Electrical Engineering Law

GOAL Voluntary Compliance to Labor Standards in all Workplaces

General Labor Occupational Health Technical Safety

Standards & Safety Standards Standards

ISSUANCE
Effectivity: 2013
 1. Voluntary compliance with Labor Standards
Objectives 2. Expand the reach of DOLE through partnerships with stakeholders

1. Workplace Assessment = 10 or more workers

Approaches 2. Advisory Services = less than 10 & BMBES

1. Workplace Assessment = once a year – Certificates of Compliance

Frequency 2. Advisory Services = once + Spot Check to verify commitments

1. Advocacy and Education Campaign 4. Training Assistance / Advisory Service

Strategies 2. Conduct of Workplace Assessment
3. Certificates and Awards Schemes 5. Delegation of Authority to LGUs on TSI

1. Manual of Labor Standards 4. Technical Safety Inspection Manual

Tools 2. Manual of the Conduct of TAVs 5. Guidelines on Labor Standards Violation/
3. Revised Labor Laws Compliance System Labor Standards Cases

BWC Responsibilities
R.O. Responsibilities 1.Technical supervision of the implementation
1. Creation of an Evaluation and of LLCS

Monitoring Team.
2. Formulation of appropriate Manuals and capability
building of Regional Implementors
DOLE
2. Submit initial analysis of activities 3. Formulates standards and advisory for the Secretary
stated in the Labor Standards administration and enforcement of LLCS
4.Submit Report thru the USEC for LSSP to the
Enforcement Program
Secretary of Labor
 POLICY FRAMEWORK

Article 162 of the LCP

Secretary of Labor should:
• set mandatory standards;
• enforce such standards.

Article 164 of the LCP

Secretary of Labor should:
• develop and implement training programs;
• increase no. & competence of OSH personnel.
 POLICY FRAMEWORK

Article 165 of the LCP

 DOLE solely responsible for
administration and
enforcement of OSH laws,
regulations, and standards
 But, chartered cities may
conduct industrial safety
inspections.
 Region
DOLE Frontline/ CA 2
R
Enforcer Region
1
Region
3 NC
R
Region
- 16 regional 4A Region
Region 5
offices 4B
Region
8
- 87 field offices Region
6

- 574 labor laws Region

7

compliance officers Carag

a
Region 10
Region Region
9 11

Region
12
Total Number of Establishments versus total Number of Labor Inspectors
900,000
820,254
800,000

700,000

600,000 503,329
500,000

400,000

300,000 165,710
151,215
200,000

100,000

0
Phils Luzon Visayas Mindanao
Establishments 820,254 503,329 165,710 151,215
LLCOs 700

18
 Employment by Region
(In thousands)

40
38.545
35
30
25
20
15
10
4.568 4.872
5 3.964 3.131
3.031
2.088 1.527 1.304 2.185 1.790 1.474 1.958 1.926 1.739
0.755 1.027 1.206
0

Source of data: Bureau of Labor and Employment Statistics

 POLICY FRAMEWORK

2. Presidential Decree 626 – created the

Employee’s Compensation Commission
in 1975
3. Sanitation Code of the Philippines
4. R.A. 8504 – HIV/AIDS Prevention Act –
signed in February 13, 1998
5. R.A. 9165 – Comprehensive Dangerous
Drugs Act of 2002
 POLICY FRAMEWORK

6. R.A. 6969 – Nuclear and Other

Hazardous Substances and Chemicals
Act
7. Local Government Act – decentralized
some national government functions to
LGUs. Ex. Inspection of buildings, health
care provisions, etc.
 POLICY FRAMEWORK

8. E.O. 307 – created OSHC as national

focal point on:
• training
• research
• information
• technical services/assistance
on OSH matters.
 OSH LAWS & ISSUANCES

Book IV, Title I – Occupational Safety

Medical, Dental and and Health Standards,
Occupational Safety (OSHS)1978
 OSH LAWS & ISSUANCES

Book IV, Title I – Occupational Safety DO 13 –

Medical, Dental and and Health Standards, Guidelines
Occupational Safety (OSHS)1978 Governing
Safety and
Health in the
Construction
Industry
 A set of mandatory
rules on OSH which
codifies all safety
orders.

Patterned after the

Standards of other
developed countries

Objective: protection of workers

from occupational risks and hazards
Coverage: all workplaces, except safety in
mines
Salient Features
of OSH
STANDARDS
and Some
Administrative
Rules
Selected OSHS Provisions

1. Coverage and Scope Rule 1001

2. Duties of Employers and Workers Rule 1005
3. Hazardous Workplaces Rule 1013
4. Imminent Danger Rule 1012.02
5. Registration Rule 1020
6. Training of Personnel on OSH Rule 1030
7. Health and Safety Committee Rule 1040
8. Accident/Illness Report Rule 1050
9. OH and Environment Control Rule 1070
10. Personal Protective Equipment Rule 1080
11. Authority of Local Government Rule 1980
12. Penal Provisions Rule 1990
Rule 1000. General Provisions

Objective : to protect every man against

injury, sickness or death
Scope : applies to all places of
employment
Except : mines
Rule 1000. General Provisions

Duties of Employers
 Furnish safe and healthful working conditions
 Give job safety instruction
 Comply with OSHS
 Use approved safety devices

Duties of Workers
 Cooperate with management
 Report unsafe condition
 Use all safe devices
 Hazardous Workplaces

 Exposure to dangerous environmental elements,

contaminants or work conditions
 Construction work, logging, fire-fighting, mining,
quarrying, blasting, stevedoring, dock work, deep sea
fishing and mechanized farming
 Manufacture or handling of explosives and pyrotechnic
products
 Use or exposure to power driven or explosive material
 Exposure to biological agents as bacteria, fungi, viruses,
protozoa, nematodes and other parasites
 Highly Hazardous Establishment

Where potential hazard within the

company may affect the safety and/ or
health of workers not only within but
also persons outside the premises of
the workplace
 Rule 1020 - Registration

• Shall be free of charge

• Use DOLE-BWC-IP-3 form

• Valid for lifetime except :

- change in business name
- change in location
- change in ownership
- re-opening after previous closing.
Rule 1030 – Training of Personnel on OSH

• Amended by D.O. 16, S. 2001

• Recognizes that OSH personnel have fields of
specialization
• Sets requirements, duties of OSH personnel:
- OSH practitioner
- OSH consultant
- OSH training organization
- OSH consulting organization
• Accreditation of safety practitioners now lies
with the Regional Offices
 Training and Personnel Complement
Hazardous workplace
Number of Minimum Number of Safety Officers
Workers Hazardous Highly Hazardous
1 – 50 One (1) part-time One (1) full-time

51 – 200 One (1) full-time One full-time &

one part-time
201 - 250 One full-time & one part- Two (2) full-time
time

251 - 500 Two (2) full-time Two full-time &

one part-time
Every additional 500 One (1) additional full-time
or a fraction thereof
Every additional 250 One (1) additional full-time
or a fraction thereof
Non - hazardous workplace

Number of Workers Minimum Number of Safety Officers

1 – 250 One (1) part-time

251 - 500 Two (2) part-time

501 - 750 One (1) full-time

751 - 1000 Two (2) full-time

Every additional 500 or a One (1) additional full-time

fraction thereof
 OSH STANDARDS

Rule 1030/DO 16 - Training and Accreditation of Personnel in OSH

A full-time safety officer

must be duly accredited
as OSH Practitioner

32
 Requirements for Accreditation
of OSH Practitioner
1. Completion of Prescribed 40-Hour BOSH/
COSH (OHNAP, PCOM) training from DOLE
accredited or recognized Safety Training
Organizations (STOs).
2. Relevant experience in OSH
• Three (3) years experience if applicant is
duly licensed by PRC

• Four (4) years experience if applicant is a

graduate of any 4 or 5 year college
course without PRC license.

• Ten (10) years experience if applicant

is a college undergraduate
33
Rule 1040. Health & Safety 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
Conditions Acts
 OSH STANDARDS

RULE 1040 - Health and Safety Committee

OSH RULE REPORT/FORM WHERE TO FILE WHEN TO

FILE
Rule 1040 Report of Safety 2 copies, to be - Within one
Health and Organization - submitted to (1) month
Safety DOLE/BWC/IP-5) concerned RO after the
Committee (Yearly Re- copy furnished the organization
organization) Bureau of Working
Conditions - At least on
Minutes of the quarterly
Meeting – No form basis
needed
 Rule 1050. Notification & Keeping of
Records of Accidents and/or Illnesses

 Accidents/illnesses must be reported to the

DOLE Regional Office every month
 Basis of accident trends
 OSH STANDARDS

RULE 1050 - RULE 1050 - Notification & Keeping of

Accident and/or Occupational Illnesses

OSH RULE REPORT/FORM WHEN TO REPORT WHERE TO

REPORT
Rule 1050 Work Accident Illness -On or before the 2 copies, to
Notification and Report (WAIR) - 20th day of the be submitted
Keeping of DOLE/BWC/IP-6) month following the to concerned
Accidents WAIR date of occurrence of RO copy
and/or the accident furnished the
Occupational Bureau
Illnesses Annual Exposure -On or before Jan. 20
Data Report (AEDR) - of the following year
(DOLE/BWC/IP-6b)
Fatal/major accident Within 24 hours
 Rule 1070. Control of
Physical & Chemical Agents

 Threshold Limit Values (TLVs)

 Permissible Exposure Limits (PELs)
 Work Environment Measurements (WEM)
should be done annually
Rule 1080. Personal Protective
Equipment

 Every employer at his own expense shall

furnish workers with PPE
 Of approved design
 OSH STANDARDS

REQUIRED REPORTS UNDER RULE 1960

OSH RULE REPORT/FORM WHERE TO FILE WHEN TO

REPORT

Rule 1960 Annual Medical 2 copies On or before the

Occupational Report - submitted to last day of
Health DOLE/BW/OH-47A concerned RO March of the year
Services AMR copy furnished the following the
Bureau of Working covered period
Conditions
Occupational Health Personnel

Number of Workers OH Personnel

50 or less

51 to 200

201 to 300

more than 300

Occupational Health Facilities

Per 100 workers in excess of

300

Within 5 kms. Or 25 min. of

travel

Emergency Health Provider

Penal Provisions*

Fine from P 1,000.00 to P 10,000.00;

Imprisonment of not less than three (3)
months to three (3) years;
Both fine and imprisonment; and
Aliens can be deported.

* From the LCP

 Recent DOLE Issuances
• D.O. 13 – 98 - Construction Safety
• D.O. 04 – 99 - Hazardous Work of Children
• D.O. 16 – 01 - Rule 1030
• D.O. 47 – 03 - SARS Prevention and Control at the
Workplace
• D.O. 53 – 03 - Drug-free Workplace
• D.O. 57 – 04 - New Labor Standards Enforcement
Framework
• D.O. 73 – 05 - TB Prevention at the Workplace
• D.C. 01 – 08 – OSH in Call Centers
• D.C. 01 – 09 – Ship-Building Industry
• D.A. 05 – 10 – Implementation of Workplace Policy/
Program on Hepatitis B
 Range of Strategies

1. Prevention Program
2. Legislation and Enforcement
• Bureau of Working Conditions
• DOLE Regional Offices
3. Compensation Program
• Employees’ Compensation Commission
• Social Security System
• Government Service Insurance System
Enforcement is one response

but not the only response!

Voluntary
compliance is
still
the
BEST!
Thank you