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Emilio Aguinaldo College

School of Engineering, Computer Science and Technology


Congressional East Ave., Brgy. Burol Main, City of Dasmariñas, Cavite
(+63) 046-4164324 loc. 148
www.eac.edu.ph/cavite

TECHNICAL REPORT

OSH LEGISLATION

FRANCISCO MARK RODMAN A

4th Year
Bs Mechanical Engineering
Emilio Aguinaldo College
School of Engineering, Computer Science and Technology
Congressional East Ave., Brgy. Burol Main, City of Dasmariñas, Cavite
(+63) 046-4164324 loc. 148
www.eac.edu.ph/cavite

OSH legislation is essential as a first step for the


implementation of improved measures for safety and health as well
as the prevention of accidents and diseases in the world of work.
OSH law tackles issues at the national level as well as at the
enterprise level. At the national level, it can include provisions
on the labour inspection infrastructure, the call for a national
representative committee on OSH, in addition to the governance of
training institutions on OSH and inclusion of OSH in scholar
curricula, to mention a few. At the level of the enterprise,
legislation can involve issues from the planning and design phase
of the enterprise and supply of equipment and substances to
matters of maintenance passing through employer duties, worker
rights and environmental considerations. Occupational safety and
health is a broad area with legislative grounds sometimes
difficult to track at the implementation level. According to
the ILO Promotional Framework for Occupational Safety and Health
Recommendation, 2006 (No. 197) , a national OSH profile should
include, among others, information on the following elements: laws
and regulations, responsible authorities or bodies, mechanisms for
ensuring compliance with national laws and regulations, and
services in accordance with national law and practice.
Emilio Aguinaldo College
School of Engineering, Computer Science and Technology
Congressional East Ave., Brgy. Burol Main, City of Dasmariñas, Cavite
(+63) 046-4164324 loc. 148
www.eac.edu.ph/cavite

The health and safety of workers in the Philippines are promoted


and protected by Republic Act No. 11058 or an “An Act
Strengthening Compliance with Occupational Safety and Health
(OSH) Standards and Providing Penalties for Violations
Thereof.” It was signed into law by President Rodrigo Duterte
in August 2018.

The Occupational Safety and Health Standards was formulated


in 1978 in compliance with the constitutional mandate to
safeguard the worker's social and economic well-being as well as
his physical safety and health.
Emilio Aguinaldo College
School of Engineering, Computer Science and Technology
Congressional East Ave., Brgy. Burol Main, City of Dasmariñas, Cavite
(+63) 046-4164324 loc. 148
www.eac.edu.ph/cavite

OSH LAW (RA11058)

The OSH Law provides that each Filipino worker is protected


against injury, sickness or death through safe and healthful
working conditions and that employers must promote strict but
dynamic, inclusive, and gender-sensitive measures in the
formulation and implementation of policies and programs related
to occupational safety and health. It applies to all
establishments, projects, sites, including Philippine Economic
Zone Authority (PEZA) establishments, and all other workplaces.
The exposure to safety and health hazards is the basis for
having High Risk Establishments, Medium Risk Establishments, and
Low Risk Establishments. All covered workplaces must have an
Occupational Safety Health (OSH) Program that is approved by the
DOLE. The OSH Program must have the following:
Emilio Aguinaldo College
School of Engineering, Computer Science and Technology
Congressional East Ave., Brgy. Burol Main, City of Dasmariñas, Cavite
(+63) 046-4164324 loc. 148
www.eac.edu.ph/cavite

a. Statement of commitment to comply with OSH requirements.


b. General safety and health, including a drug-free workplace.
c. Human Immunodeficiency Virus (HIV) and Acquired Immune
Deficiency
Syndrome (AIDS)/tuberculosis/hepatitis prevention control.
d. Company or project details.
e. Composition and duties of the safety and health committee.
f. Occupational Safety and health personnel and facilities.
g. Safety and health promotion, training, and education.
h. Conduct of toolbox meetings.

i. Accident/incident/illness investigation, recording and


reporting.
j. Provision and use of personal protective equipment (PPE);
k. Provision of safety signage.
l. Dust control and management, and regulations on activities
such as building of temporary structures, and lifting and
operation of electrical, mechanical, communications systems and
other equipment.
m. Provision of workers' welfare facilities.
n. Emergency preparedness and response plan.
Emilio Aguinaldo College
School of Engineering, Computer Science and Technology
Congressional East Ave., Brgy. Burol Main, City of Dasmariñas, Cavite
(+63) 046-4164324 loc. 148
www.eac.edu.ph/cavite

o. Waste management system; and


p. Prohibited acts and penalties for violations.
Each workplace must have an OSH Committee to oversee the overall
management of the OSH Program. An OSH Officer must be present in
a workplace at all times to ensure the enforcement of the OSH
Program.
The DOLE requires all safety and health personnel to undergo
mandatory training on basic OSH for safety officers. It also
requires all workers to undergo the mandatory 8-
hour safety and health seminar that must have a joint employer-
employee orientation. Meanwhile, the OSH Law outlines the duties
of employers, contractors, subcontractors, and those who manage,
control, or supervise work:

1. Furnish the workers a place of employment free from hazardous


conditions that are causing or are likely to cause death,
illness or physical harm to the workers.

2. Give complete job safety instructions or orientation to all


the workers especially to those entering the job for the first
time, including those relating to familiarization with their
work environment.

3. Inform the workers of the hazards associated with their work


health risks involved
Emilio Aguinaldo College
School of Engineering, Computer Science and Technology
Congressional East Ave., Brgy. Burol Main, City of Dasmariñas, Cavite
(+63) 046-4164324 loc. 148
www.eac.edu.ph/cavite

ot to which they are exposed to, preventive measures to


eliminate or minimize the risks, and steps to be taken in cases
of emergency.

4. Use only approved devices and equipment for the workplace.

5. Comply with OSH standards including training medical


examination and where necessary, provision of protective and
safety devices such as personal protective
equipment (PPE) and machine guards.
6. Allow workers and their safety and health representatives to
participate actively in the process of organizing, planning,
implementing, and evaluating the safety and health program to
improve safety and health in the workplace; and

7. Provide, where necessary, for measures to deal with


emergencies and accidents including first-aid arrangements
Emilio Aguinaldo College
School of Engineering, Computer Science and Technology
Congressional East Ave., Brgy. Burol Main, City of Dasmariñas, Cavite
(+63) 046-4164324 loc. 148
www.eac.edu.ph/cavite

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