Labor and Safety Laws - Engr. Jose Maria Batino

Click to editOrder
Department MasterNo.
title19
style
– 93
April 1, 1993
Guidelines Governing the

Employment of Workers in
the Construction Industry
1
Classification of Employees in
Click to edit Master title style
Construction
• Project employees – employed in
connection with a particular construction
project or phase thereof and whose
employment is co-terminus with each
project or phase of the project to which
they are assigned
2
Indicators of Project
Employment
1. The duration of the specified/ identified
undertaking for which the worker is
engaged is reasonably determined (a
“day certain”).
2. Such duration, as well as the specific
work/ service to be performed, is defined
in an employment agreement and is
made clear to the employee at the time of
hiring.
3
A edit
Click to “dayMaster
certain”
title style
• A “day” is understood to be that which
must necessarily come, although it may
not be known exactly when. This means
that where the final date of completion of
a project or a phase thereof is in fact
determinable and the expected completion
is made known to the employee, then he is
a project employee.
4
Employment
3. The work/ service performed by the
employee is in connection with the
particular project/ undertaking for which he
is engaged.
4. The employee, while not employed and
awaiting engagement, is free to offer his
services to any other employer.
5
Employment
5. Normally, less and less project
employees are required as the project
draws closer to completion
6. Termination of employment of project
employees are reported to DOLE.
7 Upon completion of the project, or a
phase thereof, the project employee could
be hired for another undertaking.
6
Click to edit Master
Completion of the title style
Project
• The completion of the project or any phase

thereof is determined on the date originally
agreed upon or the date indicated in the
contract or, if the same is extended, the
date of termination of the project
extension.
7
Classification of Employees in
Construction
• Non-project employees – employed

without reference to any particular
construction project or phase of a project
8
Clickof
Types toNon-project
edit Master Employees
title style
• Probationary employees – upon completion of
the probationary period, are entitled to
regularization
• Regular employees – completed the
probationary period and are occupying regular
positions (“necessary and desirable”)
• Casual employees – employed to perform work
not related to the main line of business of the
employer
9
• Contracting and sub-contracting – job

contracting is permissible, the construction
workers are generally considered as the
employees of the contractor or sub-
contractor
10
Click Statutory
to edit Master title style
Benefits
• During the period of their employment, the
construction employees, whether project
or non-project shall enjoy all the benefits
due to them under the law, both monetary
and non-monetary.
– Overtime time – 25%
– Holiday pay
– Night shift differential – 10%
– Paternity Leave (RA 8187) – 7 days with pay
11
Click Statutory
Benefits
– Rest day
• There is a rest day of not less than 24
consecutive hours or 1 day for every 6 days of
work…
– Legitimate deductions
• Withholding, SSS, Philhealth & Pag-ibig premiums
• Others such as insurance premiums and union
dues
12
ClickPayment
by Results
• Where the payment for work or services

rendered is by results, e.g. piece rate or
“pakiao”, the rate shall be determined on
the basis of not less than the minimum
wage applicable in the region where the
construction project is located.
13
Department Order No. 18 – 02
Department Order No. 18 – A, 2011
Department Order No. 174 –17
14
15
Click CONSTRUCTION
HEALTH and SAFETY
16
ClickOSH LEGISLATIONS
DO 13 –
Book IV, Title I – Medical, Occupational Safety and Guidelines
Dental and Occupational Health Standards Governing
Safety (Renumbered) (OSHS)1978 Safety and
Health in the
Construction
Industry
17
18
DTI and DOLE

Interim Guidelines on
Workplace Prevention and
Control of COVID-19
19
WORKPLACE
Click to editSAFETY
MasterAND HEALTH
title style
1. Increasing physical and mental
resilience
2. Reducing transmission of COVID-19:
3. Minimizing contact rate
4. Reducing the risk of infection from
COVID-19
5. Duties of employers and workers
6. COVID-19 Testing
20
21
22
DEPARTMENT OF LABOR AND EMPLOYMENT
2011
No. of Violations on:

Total
No
Establish With OSHS
Establishment Violati
ment Violation Safety
on Rule Rule First
Inspected CSHP Officer Others
1020 1040 Aider
(SO)
Construction
Projects 174 2 172 524 402 74 174 35 447
23
MOA signed : April 7, 2011
JAO signed : April 29, 2011
24
Strengthen enforcement of D.O.13, s.1998
Decentralization of the approval of the
Construction Safety and Health Program
(CSHP) from BWC to the DOLE-ROs
 ROs undertake site assessment for
verification of compliance with D.O. 13
s.1998
 Refer LS violations to PCAB pursuant to
R.A. 4566 (Contractors’ Licensing Law)
25
 Issued NBC-MC No. 2 s2011
 Instructing all local Building
Officials to require the submission
of a DOLE-approved Construction
Safety and Health Program (CSHP)
prior to the issuance of building
permit
 Adherence to DPWH DO 56 - 2005
26
PCAB Resolutions – COSH training
Click to edit Master title
for AMOs, 2-day AMO seminar,
style
COSH for STEs and Regular Position
for Safety Officers for AAA
27
 Assist DOLE in the development of a
comprehensive safety & health training
course
 Offer a safety & health orientation/
seminar
 Develop and institutionalize data
management system
 Conducts 1-day safety orientation/
seminar for construction workers
(Tagalog version) and 2-day safety and
health orientation of AMOs 28
1-Day Construction Workers
Safety and Health Course
• CMDF’s recognized training partners:
DMCTTC, PCA Metro, ASHTOP, ACIW-
Davao
29
 Issue a directive to the LGUs

reiterating the requirements of
DOLE-D.O. 13, D.O. 18 and
Rule 1020 of the OSHS and
the licensing requirements of
the DTI-PCAB pursuant to
DILG
MC 2004-65and 65A
30
 Provide technical assistance

in the conduct of safety
monitoring at the worksite,
through its Regulatory Boards
and in coordination with the
Local Building Officials and
DOLE Regional Offices
31
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
32
– 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
33
– 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
(for approval of the DOLE Regional Office) 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
34
35
– 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. PPE is part of project
cost and should not be charged to workers.
36
– 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.
37
- 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.
38
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.
39
SAFETY OFFICER
Safety officer/s of all workplace must possess the necessary training and
experience requirement according to its category as contained herein.
The respective qualifications of safety officers are as follows:
Category Prescribed Training on OSH Minimum OSH

Experience
Safety Officer 1 (SO1) Mandatory eight (8)-hour OSH -
orientation course and
Two (2) - hour trainers’ training
Safety Officer 2 (SO2) Mandatory forty (40)-hour basic -
OSH training course applicable to
the industry
SAFETY OFFICER
Category Prescribed Training on OSH Minimum
OSH
Experience
Safety Officer 3 a. Mandatory forty (40)-hour basic At least two
(SO3) OSH training course applicable to (2)
the industry; years of
b. Additional forty-eight (48) hours experience in
of advanced/specialized OSH
occupational safety training
course relevant to the industry;
AND
c. Other requirements as
prescribed by the OSH standards.
SAFETY OFFICER
Minimum classification and number of safety officer for
all covered workplaces shall be as follows:
Number of Workers Low Risk Medium Risk High Risk

1 to 9 One (1) SO1 One (1) SO1 One (1) SO2
10 to 50 One (1) SO1 One (1) SO3
One (1) SO2
51 to 99
One (1) SO2 and
One (1) SO2 One (1) SO2 and
100 to 199 One (1) SO3
One (1) SO3
Two (2) SO2 or One (1) SO2 and
200 to 250 Two (2) SO3
One (1) SO3 One (1) SO3
Two (2) SO2 and One (1) SO2 and
251 to 500 Two (2) SO3
One (1) SO3 Two (2) SO3
1 Safetyman for every 10 units of heavy equipment

SAFETY OFFICER
Number of
Workers Low Risk Medium Risk High Risk
Two (2) SO2
One (1) SO2
501 to 750 and
Two (2) SO3 and
One (1) SO3
Two (2) SO3
751 to 1000 Two (2) SO3
Every additional Additional One
250 or fraction - - (1) SO3 or
thereof SO4
Every additional Additional One
Additional One
500 or fraction (1) SO3 or -
(1) SO3
thereof SO4
SAFETY OFFICER
In the case of a contractor or

subcontractor, at least one (1) safety
officer must be deployed at each specific
area of operations to oversee the
management of the OSH program of its
own workforce.
- 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.
45
Section 15 - OCCUPATIONAL HEALTH PERSONNEL
AND FACILITIES
Number Low Risk Medium to High Risk
of OH OH OH First- OH OH OH
First-Aider
Workers Nurse Dentist Physician Aider Nurse Dentist Physician
1-9 - - - - - -
10-50 - - - - - -
1 1
51-99 - - - 2 PT - -
100-199 2 2 PT - - 2 1 FT 1 PT 1 PT
200-500 3-5 1 FT 1 PT 1 PT 3-5 1 FT 1 PT 2 PT
501-2000
6-20 1 FT 1 PT 2 PT 6-20 1 FT 1 FT 2 PT or
1 FT
OCCUPATIONAL HEALTH PERSONNEL
AND FACILITIES
Low Risk Medium to High Risk
Number of OH OH
First- OH OH First- OH OH
Workers Dentist Dentist
Aider Nurse Physician Aider Nurse Physician
1 FT 1 FT
1 FT and 1 FT and 2
>2000 > 20 per 1 FT > 20 per 1 FT
2 PT PT
shift shift
Every 100
workers or a 1 - - - - -
1
fraction thereof
Every 250
workers or a - 1 FT - - - 1 FT - -
fraction thereof
Every 500
1 FT or 4 1 FT or
workers or a - - 1 FT - - 1 FT
PT 4 PT
fraction thereof
OCCUPATIONAL HEALTH PERSONNEL
AND FACILITIES
The employer may not establish an emergency hospital or

dental clinic in the workplace where there is a hospital or dental
clinic which is located not more than five (5) kilometers away
from the workplace, accessible in not more than twenty-five (25)
minutes travel time, and the employer has facilities readily
available for transporting workers to the hospital or clinic in
cases of emergency. For this purpose, the employer shall enter
into a written contract with the hospital or dental clinic for the
use of such hospital or dental clinic for the treatment of workers
in cases of emergency. However, this shall not excuse the
employer from maintaining in his/her workplace a first aid
treatment room or clinic for workers which shall be as follows:
– 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
must wear protective
the standard requirements of the OSHS. equipment before entry
 Usage of PPE
 Falling/ falling objects
 Explosives and flammable substances
 Tripping or slipping hazards
 Toxic or irritant airborne contaminants/substances
 Electrical facility
 Dangerous moving parts of machines
 Fire alarms/ fire fighting
 Instructional signs/ Update of man-hours lost
49
50
• Fall protection inspection
– Generally, fall protection devices
are inspected before or at the
beginning of each use
• Dust Explosion Pentagon
51
– 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.
Daily routine inspection to be conducted by duly certified

mechanics/ operators, routine inspection by DOLE
accredited professionals.
Maintenance of a separate construction logbook for each
equipment
52
- 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.
53
- 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.
54
- 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.
55
- Section 14: Construction Safety and Health Reports
The monthly submission of summary
reports to DOLE is required. The
summary 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
56
– 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 –
 When it may affect and endanger people’s lives and limbs
 When it involves the handling of hazardous tools, equipment,
supplies
 When it requires a relatively long period of education and
training
 When the performance of the job may compromise the safety,
health and environment concerns within the immediate vicinity
of the construction site.
57
• Example
– Fall protection
• Anchorage – Secure point of attachment for
lifelines, lanyards, or deceleration devices
• Non-anchor points
– Guardrails
– Railings
– Ladders
– Scaffoldings
– Ductworks/Pipe Vents
– Conduit/Plumbing
– C-Clamps
– Roof stacks, vents, fans
58
– 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.
59
– 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.
60
– 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
61
AN ACT STRENGTHENING COMPLIANCE
WITH OCCUPATIONAL SAFETY AND
HEALTH STANDARDS AND PROVIDING
PENALTIES FOR VIOLATIONS THEREOF
(RA 11058) and IRR (DOLE DO 198 – 18)
PROHIBITED ACTS AND ITS
CORRESPONDING PENALTIES
Any willful failure or refusal of an employer, contractor or
subcontractor to comply with the following OSH standards below or
with a compliance order issued by the Secretary of Labor and
Employment or his/her authorized representative shall be
penalized of the administrative fines as follows:
Registration of establishment to DOLE ₱20,000.00

Provision of job safety instruction or orientation prior to work ₱20,000.00
Provide worker’s training (first aid, mandatory workers training, m ₱25,000.00
andatory OSH training for safety officers and health personnel)
Provision of safety signage and devices ₱30,000.00
Provision of medical supplies, equipment and facilities ₱30,000.00
Submission of reportorial requirements as prescribed by OSH ₱30,000.00

standards
Provision of safety officer and/or OH personnel ₱40,000.00
Provision of certified personnel or professionals required by OSH ₱40,000.00
standards
Establishment of a safety and health committee ₱40,000.00
Formulation and implementation of a comprehensive safety and
health program
₱40,000.00
Provide information on hazards and risk (absence of chemical safety
data sheet, no written SOP in materials handling, lifting etc., no
permitting system for confined spaces/hot works, no lock-out/tag-out sy ₱40,000.00
stem etc.)
Provide sanitary and welfare facilities ₱40,000.00
Use of approved or certified devices and equipment for the task ₱50,000.00
Provision of PPE or charging of provided PPE to workers ₱50,000.00
Compliance with DOLE issued WSO ₱50,000.00
Compliance to other OSH standards ₱40,000.00
If any of the following acts is present and there is non-compliance, the penalty of
one hundred thousand pesos (₱100,000.00) administrative fine shall be imposed
separate and in addition to the daily administrative fine imposed above:
1. Repeated obstruction, delay or refusal to provide the Secretary of Labor and
Employment or any of its authorized representatives access to the covered
workplace, or refusal to provide or allow access to relevant records and
documents or obstruct the conduct of investigation of any fact necessary in
determining compliance with OSH standards;
2. Misrepresentation in relation to adherence to OSH standards, knowing such
statement, report or record submitted to DOLE to be false in any material
aspect; or
3. 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.
Enforcement is one response
but not the only response!
66
Voluntary
compliance
is
still
the
BEST!
67
Thank you.
68

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Labor and Safety Laws - Engr. Jose Maria Batino

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Guidelines Governing the

• The completion of the project or any phase

• Non-project employees – employed

• Contracting and sub-contracting – job

• Where the payment for work or services

DTI and DOLE

No. of Violations on:

 Issue a directive to the LGUs

 Provide technical assistance

– Section 1: Definition of terms

– Section 3: Delegation of Authority

– Section 5: Construction Safety and Health Program

– Section 6: Personal Protective Equipment

– Section 7: Safety Personnel

3. one (1) Construction Safety and Health Officer for every

Each construction subcontractor must provide for a

Category Prescribed Training on OSH Minimum OSH

Number of Workers Low Risk Medium Risk High Risk

1 Safetyman for every 10 units of heavy equipment

In the case of a contractor or

- Section 8: Emergency Occupational Health Personnel and

200-500 3-5 1 FT 1 PT 1 PT 3-5 1 FT 1 PT 2 PT

The employer may not establish an emergency hospital or

Daily routine inspection to be conducted by duly certified

- Section 13: Construction Safety and Health Training

Notification of major accidents to DOLE

– Section 15: Construction Worker’s Skills

– Section 16: Worker’s Welfare Facilities

– Section 17: Cost of Construction Safety and Health Program

– Section 19: Violations and Penalties

– Section 20: Effectivity

Registration of establishment to DOLE ₱20,000.00

Provision of medical supplies, equipment and facilities ₱30,000.00

Submission of reportorial requirements as prescribed by OSH ₱30,000.00

Enforcement is one response

but not the only response!

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