LABOR LAWS ON

SAFETY AND HEALTH

Occupational Safety and Health Center

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DEPARTMENT OF LABOR AND EMPLOYMENT

THE
CONSTRUCTION
INDUSTRY :
A SITUATIONER
(NCR)

July 25, 2011

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DEPARTMENT OF LABOR AND EMPLOYMENT

PRIVATE BUILDING CONSTRUCTION

APPROVED BUILDING PERMITS

2011 CHANGE 2010

OVERALL 28,347 -5.5 29,992

Residential 20,784 -11.9 23,586

Non-
3,495 17.4 2,978
Residential
Additions,
Alterations, 4,068 18.7 3,428
and Repairs

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DEPARTMENT OF LABOR AND EMPLOYMENT

PRIVATE BUILDING CONSTRUCTION

VALUE (in billion pesos)

2011 % Change 2010

OVERALL 52.8 11.6 47.3

Residential 28.2 32.6 21.3

Non-Residential 19.4 -13.2 22.3

Additions,
Alterations, and 5.2 39.7 3.7
Repairs

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DEPARTMENT OF LABOR AND EMPLOYMENT

Calabarzon (Cavite, Laguna, Batangas, Rizal and

Quezon) is the region with the most private
construction projects, accounting for a fourth or
7,090 of the total granted permits.

However, nearly half (P25.1 billion) of the total

value of construction projects is poured into
Metro Manila.

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DEPARTMENT OF LABOR AND EMPLOYMENT

No. of Violations on:

Total
No With
Establishment Establishment OSHS
Violation Violation
Inspected Safety
Rule Rule First
CSHP Officer Others
1020 1040 Aider
(SO)

Construction
Projects 174 2 172 524 402 74 174 35 447

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DEPARTMENT OF LABOR AND EMPLOYMENT

As of June 2011

268.42% increase of approved

CSHP

Increase in the number of 40-hr

Construction Safety Trainings
(CST) conducted

Formulation of DO 13
Requirements Checklist

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DEPARTMENT OF LABOR AND EMPLOYMENT

As of June 2011

Three hundred twenty five

(325) construction firms had
their Personal and Protective
Equipment (PPE) tested

Forty (40) accredited OSH

practitioners from the
construction industry

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 Observations
• Low awareness on OSH
• Poor Compliance on OSHS (ex. HSC,
CSH Program, safety officer/personnel)
• Poor Housekeeping (ex. accumulated
wastes)
• No/Inadequate PPEs for workers.
• Improper use of tools and
equipment
• Needs commitment and support
 What NEEDS to be DONE
• Change of work habits.
• Top management commitment on OSH
• Cooperation of workers and contractors to
implement OSH programs and activities
• Enhance skills of project managers, safety
officers and workers (training on OSH )
• Strict enforcement of rules/programs on OSH
• Compliance with government
regulations (OSHS and DO 13)
 ClickOSH LAWS
to edit & ISSUANCES
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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 11
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DPWH - Department Order
No. 56, S. 2005
All projects regardless of
amount, funding source and mode of
implementation shall comply with the
minimum safety and health requirements.

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DEPARTMENT OF LABOR AND EMPLOYMENT

Memorandum of Agreement

Department of Labor and

Employment (DOLE)

Department of Public Works and

Highways (DPWH)

Department of Interior and Local

Government (DILG)

Department of Trade and Industry

(DTI)

Professional Regulations
Commission (PRC)
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 SALIENT FEATURES OF
DEPARTMENT ORDER NO. 13, series of 1998

– Section 1: Definition of terms

25 terms as used in the guidelines were defined in order
to clarify their meaning and to distinguish them from
similar terms as defined in other issuances

– Section 2: Jurisdiction
The Secretary of the Department of Labor and
Employment, by virtue of Article 162 of the Labor Code
of the Philippines, has the authority to issue
appropriate laws related to the administration and
enforcement of occupational safety and health in the
Philippines
– Section 3: Delegation of Authority
DOLE has the power to delegate some enforcement powers
to other government agencies and to private
organizations provided that they have adequate
personnel and facilities (These cover Technical Safety
Inspections)

– Section 4: Coverage
The guidelines shall apply to all construction activities,
including demolition, whether owned by the private or
the government sector
– Section 5: Construction Safety and Health Program
Before the start of the actual construction, the construction
project manager shall prepare and submit to DOLE a
comprehensive construction safety and health program
which shall include, but not limited to:

• Composition of the construction safety and health

committee
• Specific H&S policies within the construction site
• Penalties for violation
• Training of workers
• Waste disposal
• Other requirements of D.O. No. 13, series of 1998
– Section 6: Personal Protective Equipment
All employers must provide personal protective equipment
for all employees needing such equipment. All other
persons entering the construction site must wear the
necessary protective equipment.
– Section 7: Safety Personnel
A means of coordination was established
wherein the main or general contractor
shall have over-all management and
coordination of all safety and health
officers/personnel working within the
construction site. All full-time safety
and health personnel must be
accredited by DOLE.
- Section 7. Safety Personnel
A general Constructor must provide for
1. a full-time officer, who shall be assigned as the
general construction safety and health officer to
oversee full time the overall management of the
Construction Safety and Health Program.
2. additional Construction Safety and Health
Officer/s in accordance with the requirements for
Safety Officer of Rule 1033, depending on the
total number of personnel assigned to the
construction project site.
 3. one (1) Construction Safety and Health Officer for every
ten (10) units of heavy equipment assigned to the project
site, to oversee the effective compliance with the
Construction Safety and Health Program at the
construction project site, in terms of heavy equipment
utilization and maintenance.

Each construction subcontractor must provide for a

representative, who shall have the same qualifications as
a Safety Officer, to oversee the management of the CSHP
for the subcontractor’s workforce and specific area of
work operations in accordance with the requirements of
Rule 1033 of the OSHS.
Safety Personnel

Number of Workers Safety Personnel

1 - 50 1 part-time Safetyman
51 - 200 1 full-time Safetyman
201 – 250 1 full-time and 1 part-time
Safetymen
Every additional 500 or 1 additional full-time
fraction thereof Safetyman

1 Safetyman for every 10 units of heavy equipment

- Section 8: Emergency Occupational Health Personnel and
Facilities
The same provisions of the existing Occupational Safety
and Health Standards(OSHS) is reiterated. The provision
for an emergency health provider was allowed. All other
requirement such as emergency medicines, supplies,
equipment and facilities shall conform with the OSHS.
Number of Workers OH Personnel

50 or less

51 to 200

201 to 300

more than 300

Per 100 workers in excess of
300

Within 5 kms. Or 25 min. of

travel

Emergency Health Provider

– Section 9: Construction Safety Signages
Mandatory provision of safety and warning
signs are reiterated not only for the
protection of workers, but also the public WARNING: Hazardous
in general. Signs should conform with Area. All personnel
the standard requirements of the OSHS. must wear protective
equipment before entry
4 Usage of PPE
4 Falling/ falling objects
4 Explosives and flammable substances
4 Tripping or slipping hazards
4 Toxic or irritant airborne contaminants/substances
4 Electrical facility
4 Dangerous moving parts of machines
4 Fire alarms/ fire fighting
4 Instructional signs/ Update of man-hours lost
– Section 10: Safety on Construction Heavy Equipment
A specific guide for testing, transport, erection and
maintenance of heavy equipment is formulated. All heavy
equipment operators must be tested and certified by
TESDA, while heavy equipment shall be tested by DOLE
recognized association/organizations
- Section 11. Construction Safety and Health Committee
– Each site shall, at the start of the construction have a
construction safety and health committee composed of the
following personnel
• Project Manager or his representative as the chairperson
• General Construction Safety and Health Officer;
• Safety representative/SO from each subcontractor;
• Doctors, Nurses and other Health personnel;
• Workers’ representatives (minimum of 3, union members if
organized, not necessarily from one employer)
– Each subcontractor shall have its own safety and health
committee based on the existing requirements of the OSHS.
- Section 12: Safety and Health Information
A detailed safety and health information system is
included in the guidelines. These include orientation,
instructions, and training for workers; means of
conveying safety related information to all workers
and specialized instructions and trainings for
specialty workers and operators.
No person shall be deployed unless he has undergone a
OSH awareness seminar conducted by OSHC,BWC,
ROs and STOs.

I RST
T Y F
AF E
S
- Section 13: Construction Safety and Health Training

All safety personnel assigned within the

construction site are required to
undergo the basic construction safety
training course prescribed by the
Bureau of Working Conditions.
Continuing training for all full-time
safety personnel shall also be a
responsibility of each constructor.
- Section 14: Construction Safety and Health Reports
A monthly construction safety and
health report is required to be
submitted to DOLE by all general
constructors. The reports shall
include safety committee meeting
agreements, accident investigation
reports, and hazard assessments with
corresponding remedial
action/measures required.

Notification of major accidents to DOLE

within 24 hours
– Section 15: Construction Worker’s Skills
A Skills certificate shall be required for construction
related occupations which have been classified as
“Critical Occupations” by TESDA.
An occupational shall be considered as critical –
9 When it may affect and endanger people’s lives and limbs
9 When it involves the handling of hazardous tools, equipment,
supplies
9 When it requires a relatively long period of education and
training
9 When the performance of the job may compromise the safety,
health and environment concerns within the immediate vicinity
of the construction site.
– Section 16: Worker’s Welfare Facilities
The employer shall provide for adequate supply of safe
drinking water, adequate sanitary and washing facilities
in order to ensure humane conditions of work.

– Section 17: Cost of Construction Safety and Health Program

The total cost of the Construction Safety and Health
Program Shall be a mandatory integral part of the
construction project. It shall be treated as a separate pay
item and reflected in the project’s bid tender documents.
– Section 18: Miscellaneous: All provisions of other existing
OSH guidelines not specifically provided herein shall remain
in full force and effect.

– Section 19: Violations and Penalties

Violations committed by constructors as determined by
DOLE after due process shall be considered as prima
facie case of a construction mal-performance of grave
consequence under RA 4566 as amended and pertinent
IRR.
In cases of imminent danger situations, the
procedures/requirements of the OSHS and DOLE
regulations shall be applied.
– Section 20: Effectivity
The Guidelines shall be immediately effective, that is, 15
days after publication in newspapers of general
circulation, as provided in Article 5 of the Labor Code.

D.O. No. 13, s.1998 was signed on July 23, 1998 and
published on August 1, 1998 in the Philippine Daily
Inquirer and on August 3, 1998 in People’s Tonight
Requirements in the Evaluation of CSH Program
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1.Application Form indicating the following information:
A. Company Profile
Name of the Company
Complete address and Contac Number ( email address)
Name of Owner/President
Total Employment/ Number of workers to be employed in the project
PCAB License, DOLE Registration (Rule 1020 and DO 18-02)

B. Project Profile
Name and Location of the Project ( Notice of Award/Notice to Proceed )
Name of Project owner
Project Classification
Duration of the Project /Date of Estimated Start/Execution of the Project
Brief Description of Activities/Work Flow

C. OSH Personnel Assigned to the Project

Name of Appointed Safety Officer, First Aider, OH Nurse, Physician
Date of BOSH Training of OSH Personnel (Certificate to be attached)
List of Heavy Equipment to be used in the Project (Certificate of Test/Inspection of CHE
and TESDA Skills Certification of operators)
Profile of the person who prepared the program
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Enforcement is one response

but not the only response!

 Voluntary
compliance
is
still
the
BEST!