OSH System in the Philippines

At the end of this session,

participants will be able to:
• discuss the OSH system in the country
and its components;
• discuss the key laws and policies to
implement OSH system in the country;
• Identify the stakeholders in the OSH
system
PREVENTION ENFORCEMENT

OSH System In DOLE

(Who are Involved?)

UPDATING
COMPENSATION of Health and Safety Standards
REHABILITATION & Other Related OSH Policies
 Government NGOs, Labor &
Agencies Employer Groups
DOH
LGUs PCOM/OHNAP
DENR ECOP/PMAP
Dept. of Agriculture TUCP/FFW
DTI ASPPI/ASHTOP
Dep. Ed. OSH System in the Phils.
DSWD
DOT
DOTC
DOE,NEDA Interested Groups
DOST,DAR
Academe Industry Tripartite Councils
Regional Coordinating Councils
OSH RELATED LAWS
l Commonwealth Act No. 104
(First Industrial Safety Law)
1936
l Republic Act No. 184
(Electrical Engineering Law)
1947
l 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
LABOR CODE OF THE PHILIPPINES

As embodied in Article 162, Chapter 2 of Book Four

of the Labor Code of the Philippines, “The Secretary
of Labor and Employment shall by appropriate
orders set and enforce mandatory occupational
safety and health standards to eliminate or
reduce occupational safety and health hazards
in all work places and institute new and update
existing programs to ensure safe and healthful
working conditions in all places of employment.”
Philippine Constitution

Constitutional mandate to
safeguard the worker’s social and
economic well-being as well as his
physical safety and health
 OSH LAWS & ISSUANCES

Book IV, Title I – Occupational Safety

Medical, Dental and and Health Standards,
Occupational Safety (OSHS)1978
 Book Four – Health, Safety
and Social Welfare Benefits
lArticle 162 – Mandatory OSH standards
lArticle 163 – Research
lArticle 164 – OSH trainings
lArticle 165 – Administration and
enforcement
lArticle 128 – Visitorial and enforcement
power
 Executive Order No. 307

lCreation of the Occupational Safety and

Health Center
¡Research
¡Training
¡Clearing house of information
¡Technical services
 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

î Philippine Constitution
LEGAL § Preamble – build a just & humane society, promote the common good and the
rule of law
BASES § Section 18, Art. II Declaration of Principles and State Policies
§ Section 3, Art XIII Social Justice and Human Rights
î ILO Conventions on Labor Standards (100,95,99,138,111,144,17,19,89,59 177,110)
î Labor Code of the Philippines, as amended
§ Books III & IV - Articles 128, 129, 162 & 165. Visitorial & Enforcement Powers
î Occupational Safety and Health Standards
î 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 D.O. 57 – 04
Effectivity: 31 January 2004
 1. Voluntary compliance with Labor Standards
Objectives 2. Expand the reach of DOLE through partnerships with stakeholders

1. Self-Assessment = employing 200+ and with certified CBA

Approaches 2. Inspection = 10 – 199
3. Advisory Services = less than 10 & BMBES

1. Self-Assessment = once a year + Spot Check

Frequency 2. Inspection =once a year + Spot Check for compliance verification
3. Advisory Services = once + Spot Check to verify commitments

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

Strategies 2. Self-Assessment w/ Spot Check w/ monitoring of commitment/compliance
3. Conduct of Inspection 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 Inspection Manual Labor Standards Cases

BWC Responsibilities
R.O. Responsibilities 1.Technical supervision of the implementation
1. Creation of an Evaluation and of D.O. 57 – 04

Monitoring Team.
2. Formulation of appropriate Manuals and capability DOLE
building of Regional Implementors
2. Submit initial analysis of activities 3. Formulates standards and advisory for the Secretary
stated in the Labor Standards administration and enforcement of D.O. 57 – 04
4.Submit Report thru the USEC for WPW to the
Enforcement Program
Secretary of Labor
 D. O. 57-04 –Labor Standards
Enforcement Framework
• Self-Assessment checklist
- cos. w/ at least 200 workers
- unionized cos. w/ CBAs

Inspection
- workplaces w/ 10-199 workers

• Advisory Services
- those w/ < 10 workers
- registered as BMBEs
 Region
DOLE Frontline/ CA 2
R
Enforcer Region
1
Region
3 NC
R

- 16 regional Region
4A Region

offices
Region 5
4B
Region

- 69 field offices
8
Region
6

- 223 labor Region

7

inspectors Carag
a
Region 10
Region Region
9 11

Region
12
 Labor Force: Employment by Region, 2010
(In thousands)

36.489

4.615
4.43
3.771 2.994 2.817
1.945 1.441 2.06 1.64 1.92
1.218 1.412 1.756 1.612
0.711 1.024 1.123

Source of data: Bureau of Labor and Employment Statistics

 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. Occupational Health Services Rule 1960
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
l Furnish safe and healthful working conditions
l Give job safety instruction
l Comply with OSHS
l Use approved safety devices

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

l Exposure to dangerous environmental elements,

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

lWhere 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
 Imminent Danger

l A condition or practice that could reasonably be

expected to cause death or serious physical
harm before abatement under the enforcement
procedure can be accomplished.
 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

33
Rule 1040. Health & Safety Committee

l Plans and develops accident prevention program

l Directs implementation of programs
l Conducts safety meetings at least once a month
l Reviews reports of inspections, accident
investigations, & implementation of
programs
l Provides OSH trainings for staff
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
- At least on
Minutes of the quarterly
Meeting – No form basis
needed
 Rule 1050. Notification & Keeping of
Records of Accidents and/or Illnesses

l Accidents/illnesses must be reported to the

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

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. 30
Data Report (AEDR) - of the following year
(DOLE/BWC/IP-6b)
Fatal/major accident Within 24 h ours
 Rule 1070. Control of
Physical & Chemical Agents

l Threshold Limit Values (TLVs)

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

l Every employer should furnish workers with

PPE at his own expense
l Of approved design
 Rule 1960. Occupational Health
Services
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

 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 covered period
Penal Provisions*

lFine from P 1,000.00 to P 10,000.00;

lImprisonment of not less than three (3)
months;
lBoth fine and imprisonment; and
lAliens 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
•D.O. 102-10 – HIV and AIDS Program in the Workplace
Philippine Policy Framework
On OSH

ü RA 8504 - National AIDS Prevention &

Control Act (1998)
ü RA 9165 - Comprehensive Dangerous Drugs
Act (2002)
ü RA 7610 - Special Protection of Children
Against Abuse, Exploitation and
Discrimination (1994)
Philippine Policy Framework
On OSH

ü Presidential Decree No. 442

Labor Code of the Philippines
ü Presidential Decree No. 626
ü Employees’ Compensation and State
Insurance Fund
ü Administrative Code of 1987
ü Occupational Safety and Health Standards
Thank you