OCCUPATIONAL SAFETY AND HEALTH STANDARDS ACT

SIGNIFICANCE

Safety and health should be primary concerns in any workplace. The viability of an
economy rests on the productivity of its workers. Productivity entails an environment that
nurtures workers and ensures their safety. Poor conditions can result to illness, injury,
and death.

Book IV of the Labor Code of the Philippines outlines the rules governing health, safety
and social welfare benefits. It also sets guidelines on fines and penalties. Chapters I and
II of Title I specifically addresses medical and dental services, as well as occupational
safety and health (OSH). Most of the responsibility of setting standards is in the hands
of the Secretary of Labor and Employment.

The Labor Code has a provision on research and training to promote OSH. In this regard,
Executive Order No. 37 was issued in 1987, creating the Occupational Safety and Health
Center as a research and training unit to develop OSH policies that are effective,
responsive, and sustainable.

The OSH provisions of the Labor Code can be seen as tilted in favor of defining the
different work-related injuries or casualties and assigning corresponding benefits for
workers and responsibilities for employers. The institutionalization of an OSH program
appears to be in need of details. Thus, to effectively promote the welfare of workers, a
comprehensive OSH policy is needed. This would minimize work-related casualties and
develop a safety- and health-oriented workplace for the benefit of both employers and
workers.

DESIRED FEATURES

To create a proactive Philippine OSH policy, the government must pay more attention to
the mechanisms for safeguards and enforcement. The institutionalization of a Safety and
Health Program in every workplace is a necessary step. Program development and
implementation need to be participative – where both employer and workers are
involved. A proactive OSH policy also empowers workers by giving them the right to

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 information, emboldening them to refuse unfair and hazardous conditions, encouraging
them to report violations, and protecting them not only from physical harm but also from
harassment. There must be a mechanism to address grievances related to OSH. Fines
and penalties have to be continuously updated to ensure deterrence against OSH-
related misconducts. Ultimately, an effective OSH policy addresses the requirements of
humane working conditions and a productive workforce.

RELATED HOUSE BILL WITH FEATURES

House Bill No. 64 (Nograles, K. et al.)

Salient Features:
• Institutionalizes workplace safety and health standards by requiring employers,
contractors, and subcontractors to organize and maintain a Safety and Health
Committee, hire and empower safety officers, and establish a Safety and Health
Program – the cost of which shall be incorporated in the project’s or office’s budget.
• Provides for the recruitment of an adequate number of safety officers and medical
personnel.
• Outlines the duties of employers, contractors, subcontractors, and workers insofar as
workplace safety is concerned.
• Requires employers, contractors, and subcontractors to ensure that the workplace is
free from hazardous conditions, to implement a complete job safety orientation, and to
inform workers on hazards associated with their work.
• Mandates the participation of workers in ensuring that safety and health standards
are met.
• Guarantees the workers’ “right to know” regarding office safety and health issues.
• Provides for workers’ “right of refusal” to work if imminent danger exists.
• Guarantees workers’ “right to report accidents” to administrators and relevant
government agencies, and “right to personal protective equipment (PPE)” with PPE to
be provided for free.
• Specifies the inclusion of programs for a drug-free workplace and the prevention and
control of Human Immunodeficiency Virus (HIV), tuberculosis, and hepatitis
transmission in the Occupational Safety and Health Program (OSHP) to be developed
and implemented by all employers, contractors, and subcontractors.

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 • Provides for penalties against negligent and non-compliant employers, contractors, and
subcontractors; increases the minimum fine for violations from P1,000 to P100,000,
and stiffens imprisonment to a minimum of 1 year from the present 3 months
• Empowers the Secretary of Labor and Employment to inspect facilities and workplaces,
ensure compliance with safety standards, and issue work stoppage orders (WSO)
arising from violations

STATUS

House Bill No. 64 (Nograles, K. et al.)

Status: Approved by the House on 2016-12-13, transmitted to the Senate on
2016-12-14 and received by the Senate on 2016-12-14; House designated
members for the Conference Committee on 2017-05-29

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