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R.A.

11058 AN ACT STRENGTHENING COMPLIANCE WITH OCCUPATIONAL SAFETY AND


HEALTH STANDARDS ANDPROVIDING PENALTIES FOR VIOLATIONS THEREOF

RA 11058 was signed by President Rodrigo Duterte on August 17, 2018. It is a measure
to ensure the safety of Filipino workers from hazards in their work environment. It covers all
establishments, projects, sites including those in the ecozone (PEZA) except the labor sector
(Sec 2).

Sec 4 stipulates the duties of employers as well as the rights of the workers

Duties of Employers Rights of Workers


1. Furnish the workers a place of 8. Right to Know – employee shall be
employment free from hazardous informed by the employer about ALL
conditions that are causing or likely to types of hazards in the workplace
cause death, illness or physical harm to 9. Right to refuse unsafe work – if
the workers determined by DOLE that an imminent
2. Give complete job safety instructions danger situation ([Sec 3 (g) a situation
or orientation to all the workers caused by a condition or practice in place
especially to those entering the job for of employment that could reasonably be
the first time expected to lead to death or physical
3. Inform the workers of the hazards harm) exists in the workplace that may
associated with their work result in injury or death and corrective
environment or to which they are actions to eliminate danger have not
exposed to, preventive measures to been undertaken by the employer to
eliminate or minimize the risks and eliminate the danger. In my opinion
steps to be taken in case of emergency determination by the Secretary of Labor
4. Use only approved devices and is necessary in order to avoid abuse.
equipment for the workplace 10. Right to Report Accidents – to DOLE
5. Comply with OSH standards including 11. Right to Personal Protective Equipment
training, medical examination and (PPE)
where necessary, provision of - Free of charge
protective and safety devices such as - Usage of PPE in all establishments,
PPE projects or sites shall be based on the
6. Allow workers and their safety and evaluation and recommendation of
health representatives to participate safety officer
actively in the process of organizing,
planning, implementing and evaluating
the safety and health program to
improve safety and health in workplace
7. Provide for measures to deal with
emergencies and accidents including
first-aid arrangements
The law also requires safety signage and devices (Sec 9) as well as safety in the use of
equipment including the transport to and from the establishment or place where work is being
undertaken (Sec 10). Employers are now required to provide in the workplace an adequate
supply of safe drinking water, adequate sanitary and washing facilities, suitable living
accommodation for workers as well as a separate sanitary washing and sleeping facilities for
men and women workers.

There shall also be an Occupational safety and Health Committee (Sec 13) whose
function is to plan, develop, oversee and monitor the implementation of the safety and health
program. The Committee shall be composed of the following and shall undergo a mandatory
training (Sec 16) of 8 hours, in case of workers and 40 hours for the safety officers.

1. Employer or a representative as the


chairperson ex officio
2. Safety officer of the company as the - A safety officer refers to an
Secretary employee or officer of the
company trained by DOLE and
tasked by the employer to
implement an occupational and
health program [Sec 3 (n)]
3. Safety officers representing the - Must be deployed at each specific
contractor or subcontractor area of operations to oversee the
management of the safety and
health program of its own
workforce
4. Occupational Health Personnel such as
Physicians, nurse, certified first-aiders
and dentists
5. Workers’ representatives who shall
come from the a. union, if organized b.
through simple majority vote, if
unorganized

Sec 22 of RA 11058 discusses the scope of power of the Secretary of Labor pursuant to
Sec 128 of the Labor Code, which among other things are:

1. To enforce mandatory occupational safety and health standards in all establishments


(mandatory inspection) and annual spot audit
- The orders of the Secretary of Labor cannot be impede by any person or entity and
no lower court may issue a temporary or restraining order or otherwise assume
jurisdiction over any case involving the enforcement orders
2. To enter workplaces at any time of day or night where work is to be performed
3. To examine records and investigate facts to determine compliance with OSH
Sec 29 DOLE Computerized Labor Law Compliance System
-updated labor inspection system of computerized gathering and generation of real
time data on compliances, monitoring of enforcement and a system of notification
on workplace accidents and injuries
4. To order stoppage of work
a) when there has been a non-compliance with the law or
b) it has been determined that there is an imminent danger to the health and safety of
workers in the workplace due to the employer’s violation or fault, the employer
shall pay the workers during the period of such stoppage of work (Sec 23).

The law further mandates the solidary liability of employers and contractors (Sec 21
and Sec 28) for willful failure or refusal to comply with the set standards and compliance order
issued by the Secretary of Labor. It imposes an administrative fine not exceeding One Hundred
Thousand Pesos (₱100,000.00) per day until the violation is corrected, counted from the date
the employer or contractor is notified of the violation or the date the compliance order is duly
served on the employer. Imposition of fine depends upon the gravity of the violation
committed or damage caused. The maximum amount shall be imposed only when violation
exposes the workers to a risk of death, serious injury or serious illness. According to Labor
Assistant Secretary Benjo Benavides, the said fine will be returned to workers through funding
for training and other occupation health initiatives.

The following violations or acts renders the employer and subcontractor solidarily liable
for an administrative fine of an amount not exceeding One Hundred Thousand Pesos
(₱100,000.00) separate from the daily fine mentioned above.

1. Repeated obstruction, delay or refusal to provide the Secretary of Labor or any of its
authorized representatives access to the covered workplace
2. Refusal to provide or allow access to relevant records and documents
3. Obstruct the conduct of investigation of any fact necessary in determining compliance
with OSH standards
4. Misrepresentation in relation to adherence to OSH standards, knowing such statement,
report or record submitted to DOLE to be false in any material aspect
5. Making retaliatory measures such as termination of employment, refusal to pay,
reducing wages and benefits or in any manner discriminates against any worker who has
given information relative to the inspection being conducted.

With regard to the IRR, according to DOLE Acting Secretary Joel Maglunsod, they are
expecting to come up with it within three months.