Stiffer Fines On Establishments

STIFFER FINES ON ESTABLISHMENTS, PROJECTS AND SITES
VIOLATING OCCUPATIONAL SAFETY RULES

Labor Secretary Silvestre H. Bello III has signed Department Order No. 198 which details the
IRR(Implementing Rules and Regulations) of RA 11058. The 23-page IRR, which was signed last
December 7, 2018 taking effect January 25 this year, applies to all establishments, projects and
sites and all other places where work is being undertaken wherein the number of employees, nature
of operations and risk or hazard involved in the business require compliance. It also covers the
contractors and subcontractors including those engaged in the projects of the public sector.
However, the IRR “does not apply to the public sector such as national government
agencies, government-owned and controlled corporations with charters, government
financial institutions, state universities and colleges and local government units,” as
these are governed by appropriate rules and regulations issued by the Civil Service
Commission and other government agencies.
For the information of employers, contractors, or subcontractors, and any person who manages,
control or supervise the work being undertaken, they , they should equip the place of employment for
workers free from hazardous conditions; provide complete job safety instructions and proper
orientation to all workers; ensure that the chemical, physical and biological substances and agents,
and ergonomic and psychosocial stresses under their control are without risk to health when the
appropriate measures of protection are taken; use only approved specific industry set of standards
of devices and equipment for the workplace as applicable; comply with occupational safety and
health (OSH) including training, medical examination and when necessary, provisions on protective
and safety devices such as personal protective equipment and machine guards.
In addition, employers, contractors, or subcontractors should make arrangement for workers and
their representatives to participate in the processes of organizing, planning, and implementation,
monitoring, evaluation and action for improvement of the OSH management system; provide, when
necessary, for measures identifying trainings and drill, evacuation plans, etc., to deal with
emergencies, fires, and accidents including first-aid arrangements and to comply with all reportorial
requirements of the OSH standards; and register establishment to DOLE as provided under the OSH
standards
Meanwhile, to ensure compliance with OSH standards, the workers shall participate in capacity-
building activities on safety and health and other OSH-related topics and programs; proper use of all
safeguards and safety devices; comply with instructions to prevent accidents or imminent danger
situations; observe prescribed steps to be taken in cases of emergency, including participation on
national or local disaster drills and report any work hazard that may be discovered in the workplace.
Any willful failure or refusal of an employer, contractor or subcontractor to comply with the OSH
Standards or with a compliance order issued by the Labor Secretary or authorized representative will
be penalized as follows:
a) Establishments, which will fail to register with the DOLE, or provide job safety
instruction or orientation to their employees prior to work will be fined P20,000;
b) If a company fails to provide the necessary OSH training to their workers, they could
be assessed a fine of P25,000;
c) A P30,000 fine will be imposed for firms if they commit these infractions: failure to
provide safety signage and devices; failure to provide the necessary medical supplies,
equipment and facilities; and failure to submit reportorial requirements as prescribed by
OSH standards.
The P40,000 fine will apply for the lack of safety officer and/or Occupational Health
personnel; personnel or professionals for OSH standards who have no certification; lack
of safety and health committee; lack or unimplemented comprehensive safety and health
program; lack of information on hazards and risks; violation of sanitary and welfare
facilities provisions of the OSH Law while
a P50,000 penalty will be imposed for unapproved or uncertified devices and equipment;
violation on the personal protective equipment (PPE) of the OSH law; and noncompliance
with the DOLE’s work stoppage order (WSO).
In addition to the prohibited acts and its corresponding penalties, an employer,

contractor or subcontractor who is found to have repeatedly violated the same
prohibited act shall be penalized of the corresponding fine plus an additional fine
equivalent to 50 percent thereof for every instance of repeat violation.
Erring companies which would repeatedly commit OSH violations, misrepresentations on

OSH standards, or implement retaliatory measures against their employees will face
additional penalties. Moreover, if any of the following acts is present and there is noncompliance,
the penalty of P100,000 administrative fine shall be imposed separate and in addition to the daily
administrative fine imposed. Also, when the violation exposes the worker to death, serious injury or
illness, the imposable penalty will be P100,000.
The penalties shall be computed on a per day basis until full compliance is reckoned
from the date of notice or service of the compliance order to the employer without
prejudice to the filing of a criminal or civil case in the regular courts.

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STIFFER FINES ON ESTABLISHMENTS, PROJECTS AND SITES

VIOLATING OCCUPATIONAL SAFETY RULES

In addition to the prohibited acts and its corresponding penalties, an employer,

Erring companies which would repeatedly commit OSH violations, misrepresentations on

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