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A Rejoinder Paper

Author/s: Raquel, Divine Grace Uziel E.


BS Architecture 5

2196063@slu.edu.ph

Abstract: This paper presents Construction-Related Laws in the Philippines

INTRODUCTION

This paper explores and analyzes the similarities, contrasts, and relationships of the following Republican statutes: RA 1711 (formerly 4566), PD 1746, RA
11058, Rule 1410, Building Safety: Labor Law, and DOLE D.O.
To support the discussion, this white paper follows the outlines below.

 Introduction

 Report body

 Comparative analysis

 Conclusion

 Reference

BODY OF THE REPORT

the IRRs of RA 4566, Executive Order 1746 and (R.A.) 9184 on Contractor Licensing is relevant to licensing under the Philippine Contractor
Accreditation Board (PCAB). Law. Under IRR of (R.A.) 4566 and Executive Order 1746, it is illegal to operate a construction company and build a
construction company without a license from the PCAB. In addition, It was determined that Rule 1410 and DO 13, p. 2018 are interrelated. R.A. 11058 and
Rule 1410 are laws created to ensure the health and safety of workers and DO 13, S. 2018 is to develop and secure the safety of the workers.

COMPARATIVE ANALYSIS

RA 1711 (formerly 4566) PD 1746

Contractors’ License Law Creating the Construction Industry Authority of the Philippines (CIAP)

Examinations Required: Organization:

written or oral examination or both. It shall exercise authority with respect to the government
agencies that conduct business with or exercise regulatory powers over the construction
industry.

(a) The Philippine Contractors Accreditation Board;


(b) The Philippine Overseas Construction Board;
(c) The Philippine Domestic Construction Board;
(d) The Construction Manpower Development Foundation.

Qualifications of Applicants for Contractor’s Licenses: at least two years of experience in the Philippine Contractors Accreditation Board:
construction industry, and knowledge of the building, safety, health and lien laws of the Republic
of the Philippines and the rudimentary administrative principles of the contracting business as the created a Philippine Contractors Accreditation Board under the jurisdiction and supervision of the
Board deems necessary for the safety of the contracting business of the public. Authority. The Philippine Contractors Licensing Board is hereby abolished and all its funds and
records are hereby, transferred to the Philippine Contractors Accreditation Board.

For the purpose of this section, a partnership, corporation, or any other organization may qualify
through its responsible managing officer appearing personally before the Board who shall prove Composition: Chairman and two (2) members to be
that he is a bona fide responsible officer of such firm and that he exercises or is in a position to appointed by the President upon recommendation of the Authority. The present Board of the
exercise authority over the contracting business of his principal or employer in the following Philippine Contractors Licensing Board shall continue to hold office as the Board of the Philippine
manner: (1) to make technical and administrative decisions; and, (2) to hire, superintend, promote, Contractors Accreditation Board until their respective successors have been duly appointed.
transfer, lay off, discipline or discharge employees.

Function: The Philippine Contractors Accreditation Board shall perform the present functions
of the Philippine Licensing Board.

Issuance of Licenses: Upon the payment of the corresponding fee and the filing of the Philippine Overseas Construction Board: created under P.D. 1167, as amended, is hereby placed
application, and after examination and investigation as may be required, the Board within fifteen under the jurisdiction and supervision of the Authority. It shall continue to perform its present
days after the approval of the application shall issue a license to the applicant permitting him to functions and shall perform additional functions as may be assigned by the Authority
engage in business as a contractor under the terms of this Act for the remaining part of the fiscal
year.

No examination Required: Contractors actively engaged in the construction industry at the Philippine Domestic Construction Board:

effectivity of this Act and licensed as such for the last five years, may upon application, be issued (a) Composition. The Board shall be composed of Chairman and four (4) members to be
license without necessity of examination. appointed by the President upon recommendation of the Authority.
(b) Functions. The Philippine Domestic Construction Board shall formulate, recommend and
implement policies, guidelines, plans and programs for the efficient implementation of public and
private construction in the country. Specifically, it shall:

License Required in Biddings: Construction Manpower Development Foundation:

All architects and engineers preparing plans and specifications for work to be contracted in the
Composition: Board of Directors as composed of a Chairman and
Philippines shall include in their invitation to bidders and in their specifications a copy of this Act,
four (4) members.
or such portions thereof as are deemed necessary to convey to the invited bidder, whether he is a
resident of the Philippines or not, the information that it will be necessary for him to have a
Functions: coordinate its activities and work program with the National Manpower and
license before his bid is considered.
Youth Council, the Bureau of Employment Services of the MOLE, the Philippine Overseas

Construction Board and the Ministry of Education and Culture.

Individual License: Executive Office:

It is unlawful for any person who is a responsible managing partner, officer or employee of a headed by a full time Executive Director and maintain a technical, legal and management staff to
licensed partnership, corporation, firm, association or other organization to individually engage in assist the Executive Director in the performance of these duties and responsibilities.
the constructing business of individually act in the capacity of a contractor within this jurisdiction
without having a license in good standing to so engage or act.
Executive Director: shall report directly to the authority and be responsible for monitoring and
implementation of the policies ad programs of the Authority.

Philippine Contractors Accreditation Board, the Philippine Domestic Construction Board and the
Construction Manpower Development Foundation- establish their own Secretariats to service their
respective Boards and to assist the Authority in the execution of its functions and responsibilities,
subject to pertinent budgetary organization, compensation and civil service rules and regulations.

Joint License: Compensation


(a) per diems of the Chairmen and the members of
the different Boards of the implementing agencies
It is unlawful for any two or more licensees, each of whom has been issued a
license to engage separately in the capacity of a contractor, to jointly submit a bid or otherwise act
in the capacity of a contractor without first having secured an additional license for acting in the (b) the salaries and allowances of the Executive Director, the staff of the Executive Office as well as
capacity of such a joint venture or combination in accordance with the provisions of this Act as the office of the different Secretariats under the Authority, subject to pertinent budget,
provided for an individual, compensation, organization and
partnership or corporation. civil service rules and regulations.

Fees: Meetings.
(a) Fifty pesos for an original license;
(b) Sixty pesos for examination of an applicant; The Authority and the Boards of the implementing agencies shall meet as often as is necessary but
(c) Fifty pesos for annual renewal. not less than once a quarter. Special meetings may be called by the respective Chairmen. The
presence of the majority of the members of the Authority or the
Boards of the implementing agencies shall constitute a quorum.

Renewal: Rules and Regulations:

A license may be renewed by the filing of a renewal application with the registrar not later than meet as often as is necessary but not less than once a quarter.
June thirtieth of each fiscal year, accompanied by the annual renewal fee. A license renewed

thereafter shall be subject to an additional fee of Twenty Pesos.

Non-renewal of Licenses: Funding:

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Non-renewal of licenses. No license which has been under suspension for more than a year five million pesos (P5,000,000.00) is hereby authorized to be released from the Special Activities
immediately preceding the filing of an application for renewal shall be renewed. Fund to cover the operating and capital expenses of the CIAP and its implementing agencies for CY
1981, subject to Sec. 40 of P.D. No. 117.

COMPARATIVE ANALYSIS

RA 9184 RA 11058

Government Procurement Reform Act An Act of Strengthening Compliance with Occupational Safety and Health Standards and Providing

Penalties for Violations.

Scope and Application. All private establishments where work is being undertaken including establishments located inside special
economic zones and other investment promotion agencies
This Act shall apply to the Procurement of Infrastructure Projects, Goods, and Consulting Services, regardless of
source of funds, whether local or foreign, by all branches and instrumentalities of government, its departments, Utilities engaged in air, sea and land transportation
offices and agencies, including government-owned and/or -controlled corporations and local government units,
Exemption — Public Sector (national government agencies, government-owned and controlled corporations
subject to the provisions of Commonwealth Act No. 138. Any treaty or international or executive agreement
with original charters, government financial institutions, state universities and colleges and local government
affecting the subject matter of this Act to which the Philippine government is a signatory shall be observed.
units)

The BAC and its Composition. Covered workplaces through the Health and Safety Committee (HSC), shall develop and implement a
suitable OSH Program following the DOLE-prescribed format.
Each procuring entity shall establish a single BAC for its procurement. The BAC shall have at least five (5)
members, but not more than seven (7) members. It shall be chaired by at least a third ranking permanent official OSH Program shall be submitted and considered approved upon stamped-received by concerned DOLE-
of the procuring entity other than its head, and its composition shall be specified in the IRR. Regional Office or Field Office. Pre-approved program shall be validated during inspection and may be

modified by DOLE as necessary, based on existing laws, rules and regulations.


Functions of the BAC.
The HSC shall review and evaluate the OSH Program at least once a year or as necessary. A revised copy
The BAC shall have the following functions: advertise and/or post the invitation to bid, conduct pre-procurement
of the program shall be submitted to DOLE.
and pre-bid conferences, determine the eligibility of prospective bidders, receive bids, conduct the evaluation of
bids, undertake post-qualification proceedings, recommend award of contracts to the Head of the Procuring A suitable Construction Safety and Health Program (CHSP) specific for each construction project shall be
Entity or his duly authorized representative: Provided, that in the event the Head of the Procuring Entity shall submitted to concerned DOLE-Regional Office or Field Office for its approval prior to start of the project.
disapprove such recommendation, such disapproval shall be based only on valid, reasonable and justifiable
The total cost of implementing OSH Programs shall be an integral part of the company’s operations cost.
grounds to be expressed in writing, copy furnished the BAC; recommend the imposition of sanctions in
accordance with Article XXIII, and perform such other related functions as may be necessary, including the
creation of a Technical Working Group from a pool of technical, financial and/or legal experts to assist in the
procurement process.

Observers. A Joint Coordinating Committee

To enhance the transparency of the process, the BAC shall, in all stages of the procurement process, invite, in shall be established to effectively implement the Law and its IRR.
addition to the representative of the Commission on Audit, at least two (2) observers to sit in its proceedings, one
The Committee shall develop mechanisms for harmonizing each Agency’s mandates/policies/guidelines
(1) from a duly recognized private group in a sector or discipline relevant to the procurement at hand, and the
related to OSH, with reference to the Law .
other from a non-government organization: Provided, however, That they do not have any direct or indirect
interest in the contract to be bid out. DOLE to collaboratively work with DENR, DOE, DoTR, DA, DPWH, DTI, DILG-LGUs, DOH, DICT, PEZA
and other government agencies.
BAC Secretariat. To assist the BAC in the conduct of its functions, the Head of the Procuring Entity shall create a
Secretariat that will serve as the main support unit of the BAC. All covered workplaces shall have qualified OSH personnel:

Honoraria of BAC Members. The Procuring Entity may grant payment of honoraria to the BAC members in an First Aider
amount not to exceed twenty five percent (25%) of their respective basic monthly salary subject to availability of Safety Officer
funds. Nurses
Dentist
Professionalization of BAC, BAC Secretariat and Technical Working Group Members. The GPPB shall establish
Physician
a sustained training program for developing the capacity of the BACs, BAC Secretariats and Technical Working
Groups of Procuring Entities, and professionalize the same.

Preparation of bidding documents


All OSH personnel shall undergo the prescribed mandatory trainings from DOLE-accredited Safety Training
Form and Contents of Bidding Documents. - The Bidding Documents shall be prepared by the Procuring Entity Organizations or its recognized training institutions.
following the standard forms and manuals prescribed by the GPPB. The Bidding Documents shall include the
All workers shall undergo the mandatory 8-hour OSH seminar as prescribed by DOLE. This training may be
following:
conducted by the company safety officer in a staggered manner.
Approved Budget for the Contract; (b) Instructions to Bidders, including criteria for eligibility, bid evaluation and
Workers performing critical occupations shall undergo the mandatory competency assessment and
post-qualification, as well as the date, time and place of the pre-bid Conference (where applicable), submission
certification by TESDA.
of bids and opening of bids; (c) Terms of Reference; (d) Eligibility Requirements; (e) Plans and Technical

Specifications; (f) Form of Bid, Price Form, and List of Goods or Bill of Quantities; (g) Delivery Time or Workers’ OSH seminars and trainings/orientations required by the employer or by other regulations in the
Completion Schedule; (h) Form and Amount of Bid Security; (i) Form and Amount of Performance Security and performance of their task shall be undertaken at no cost to the worker and considered as compensable
Warranty; and, (j) Form of Contract, and working time.

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General and Special Conditions of Contract.

The Procuring Entity may require additional document requirements or specifications necessary to complete the
information required for the bidders to prepare and submit their respective bids.

Bid evaluation Based on the level of risks brought about by the nature of activities/business processes in the establishment;
determined by the company safety officer.
Preliminary Examination of Bids. Prior to Bid evaluation, the BAC shall examine first the technical components of
the bids using "pass/fail" criteria to determine whether all required documents are present. Low Risk Workplace refers to those with less exposure to safety and health hazards, having low level of
danger, with no or less probability to cause an accident, harm, injury or illness.
Ceiling for Bid Prices.The ABC shall be the upper limit or ceiling for the Bid prices. Bid prices that exceed this
ceiling shall be disqualified outright from further participating in the bidding. Medium Risk Workplace refers to those having moderate exposure to safety and health hazards and with
probability of an accident, injury or illness if no preventive or control measures are in place.
Bid for the Procurement of Goods and Infrastructure Projects. For the procurement of Goods and Infrastructure
Projects, the BAC shall evaluate the financial component of the bids. High Risk Workplace refers to those wherein presence of hazards affects not only workers but persons
outside establishment; with high level of exposure to safety and health hazards; probability of major accident
Bid Evaluation of Short Listed Bidders for Consulting Services. - For the Procurement of Consulting Services, the
is likely to occur.
Bids of the short listed bidders shall be evaluated and ranked using numerical ratings in accordance with the

evaluation criteria stated in the Bidding Documents, which shall include factors such as, but not limited to,
experience, performance, quality of personnel, price and methodology.

Offenses and Penalties. Willful failure or refusal to comply with OSH Standards or compliance orders

(a) Without prejudice to the provisions of Republic Act No. 3019, otherwise known as the "Anti-Graft and Corrupt shall be penalized with not more than P100, 000 daily until full compliance; reckoned from the date of
Practices Act" and other penal laws, public officers who commit any of the following acts shall suffer the penalty issuance of Notice of Results or Compliance Order. (See Fig. 1)
of imprisonment of not less than six (6) years and one (1) day, but not more than fifteen (15) years:
Repeated violation of the same prohibited act shall be penalized of the corresponding fine plus 50% for
(b) Private individuals who commit any of the following acts, including any public officer, who conspires with every instance of repeat violation. When the violation exposes the worker to death, serious injury or serious
them, shall suffer the penalty of imprisonment of not less than six (6) years and one (1) day but not more than illness, the imposable penalty shall be P100,000.
fifteen (15) years:
Additional P100,000 fine for refusal to access the workplace, refusal to provide or allow access to records,
obstruct conduct of investigation, misrepresentation and making retaliatory measures such as termination,
refusal to pay, reducing wages and benefits or discriminates any worker who has given information relative

to inspection.

Rule 1410 Construction Safety: Labor Code DOLE D.O. 13, 2018

Construction Safety Guidelines governing occupational


Safety and health in the construction industry

At every construction site there shall be organized and maintained a Health and Safety Committee conforming ensuring the protection and welfare of workers employed in the construction industry, the protection and
with Rule 1040 and a medical and dental service conforming with Rule 1960. welfare of the general public within and around the immediate vicinity
of any construction worksite as well as the promotion of harmonious employer-employee
relationships in the construction industry, and after consultations with the stakeholders in the
construction industry, taking into consideration industry practices and applicable government
requirements,

Health and Safety Committee: Construction Safety and Health Committee


At every construction site there shall be organized and maintained a Health and Safety Committee conforming To ensure that these rules and the Construction Safety and Health Program are

with Rule 1040 and a medical and dental service conforming with Rule 1960. observed and enforced at the project site, each site shall, at the start of the
construction have a construction safety and health committee composed of the

following personnel as described under Section 7 above:


a) Project Manager or his representative as the chairperson ex officio;
b) General Construction Safety and Health Officer;
c) Construction Safety and Health Officers;
d) Safety representatives from each subcontractor,
e) Doctors, Nurses and other Health personnel, pursuant to the requirements
stated in Rule 1042 of the OSHS, who shall be members ex officio;
f) Workers’ representatives (minimum

Personal Protective Equipment: Personal Protective Equipment: Every employer shall, at his own expense, furnish his workers with protective
Personal Protective equipment as required in Rule 1080 shall be provided the workers. equipment for eyes,

face, hands and feet, lifeline, safety belt/harness, protective shields and barriers whenever

Protection from Falling Materials: necessary by reason of the hazardous work process or environment, chemical or radiological or

(1) Steps shall be taken to protect workers from falling materials, such as the provision of safety other mechanical irritants or hazards capable of causing injury or impairment in the function of

helmets and safety shoes. any part of the body through absorption, inhalation or physical agent.

(2) Tools, objects and materials (including waste materials) shall not be thrown or tipped from
a height, but shall be properly lowered by crane, hoist or chutes. If such is not practicable, Provision of personal protective equipment (PPE) shall be in accordance with Rule 1080 of the
the area where the material is thrown or lowered shall be fenced and no person allowed in OSHS. The equivalent cost for the provision of PPE (life span, depreciation, replacement, etc.)
the fenced area. shall be an integral part of the project cost.

a. Personal Protective Equipment: Construction Safety Signages must be provided to warn the workers and the public of hazards
Personal Protective equipment as required in Rule 1080 shall be provided the workers. existing in the workplace.

b/c. Protection from Falling Materials: The signages include but are not limited to:

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(1) Steps shall be taken to protect workers from falling materials, such as the provision of safety
helmets and safety shoes. a) Mandatory requirement on the usage of personal protective equipment prior to entry to the project site.-
(2) Tools, objects and materials (including waste materials) shall not be thrown or tipped from
a height, but shall be properly lowered by crane, hoist or chutes. If such is not practicable, b) Areas where there are potential risks of falling objects.-
the area where the material is thrown or lowered shall be fenced and no person allowed in

the fenced area.


c) Areas where there are potential risks of falling.-

d. Internal Combustion Engine:


d) Areas where explosives and flammable substances are used or stored.-
No internal combustion engine shall be operated in an enclosed area unless:
(1) the exhaust gases or fumes are discharged directly outside to a point where the discharge
e) Areas where there are tripping or slipping hazards.-
gases or fumes cannot return to
f) Approaches to working areas where danger from toxic or irritant airborne contaminants/substances may exist
the enclosure.
which should indicate the name of the
(2 ) the place is ventilated to protect workers from exhaust gases.
contaminant/substance involved and the type of respiratory equipment to be worn.
g) All places where contact with or proximity to electrical/facility equipment can cause danger.-
e. Provision for Barricades.
h) All places where workers may come in contact with dangerous moving parts of machineries or equipment.-
The top of the walls of an excavation more than 2.0 m. (6 ft.) deep shall be barricated to a height
of at least I m. (3 ft.) to prevent the fall of workers.
i) Location of fire alarms and fire fighting equipment.

f. Harmful Dust, Gases, Fumes:


j) Instructions on the usage of specific construction equipment.
(1) When harmful dusts, gases and fumes are present in an excavation to such a degree
k) Periodic updating of man-hours lost
hazardous to the safety and health of the workers, all measures shall be taken either by
exhaust ventilation or by other means to free the area of such contaminants.
(2) Internal combustion engine shall only be operated in an excavation when provision is
made to ensure that the exhaust gases and fumes are rendered harmless or discharged to
a point away from the excavation.

g. Electrical:
Before any construction is commenced, and during the construction, steps shall be taken to prevent danger to
the workers or operating equipment from any live electric cable or equipment either by rendering the cable or

apparatus electrically dead or by providing barriers to prevent contact.

h. Tools Materials and Machinery:


(1) Tools or materials shall be kept a minimum of I m. (3 ft.) away from the edge of the
excavation to prevent their being knocked down into the excavation.
(2) No vehicle or other machinery shall be driven, operated or located near the edge of an
excavation at least a distance one-third (1/3) of its depth.

i. Vehicle Driving:
No person shall operate any vehicle or equipment in a construction site unless he has adequate training and
experience to operate such vehicle or equipment and is authorized by his immediate

supervisor.

Traffic Control:
In construction sites where a worker’s safety is likely to be endangered by a vehicular traffic,

flagmen, warning signs, barriers or lane control devices shall be installed.

Vehicular Loading: Safety on Construction Heavy Equipment


No person shall remain on or in a vehicle during loading or unloading except those required to be there and In relation to heavy equipment operation in all construction sites, the following are required in the
only when all necessary protection against hazards are provided. different phases of the project

Plant and Equipment: 10.1 Pre-Construction

(1) When the operator of a power driven crane, shovel forklift truck, front end loader and similar machinery is The General Constructor must ensure that appropriate certification is obtained

exposed to overhead hazards, a cab, screen or other overhead protection from DOLE duly

shall be provided.
(2) When any equipment or part thereof is being dismantled, or repaired and a worker maybe 10.2 During Construction
endangered by the collapse or movement of the equipment, blocking shall be installed to The General Constructor must ensure that the conditions are met or complied with

prevent collapse or movement. 10.2.1 Mobilization or Transport of Heavy Equipment.


(3) When a worker is endangered by the rotation or uncontrolled motion of a load being
hoisted by a crane or similar hoisting machine, one or more guide ropes or tag lines shall 10.2.2 Erection/Set-up of Heavy Equipment and properly utilized.
be used to prevent rotation on uncontrolled motion.
(4) A friction type clamp used in hoisting materials shall be constructed in a manner that 10.2.3. Routine Inspection
accidental slacking of the hoisting cable will not release the clamp. In the interest of accident prevention, duly certified mechanics and operators
(5) When the operator of a shovel or similar machine is obstructed in the view of the path of shall conduct daily routine inspection of all heavy equipment deployed at the site in accordance with standards
travel of any part of the shovel or similar machine, one or more signal men shall assist the set by TESDA in coordination with the
operator by: Association of Construction Equipment Lessors (ACEL, Inc.).
(6) Every lifting jack

(7) Where a vehicle, crane, machine or other equipment is driven in reverse in a location
10.2.4. Certified Operators

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where a worker or the operator may be endangered, operation shall be directed by another
worker who shall be stationed in full view of the operator and the path of travel. 10.3 Post-Operation and Post-Construction The procedures for dismantling and demobilization of heavy
(8) An unattended vehicle parked on sloping ground or adjacent to an excavation shall have equipment shall follow the same requirements as listed under 10.2.1 and 10.2.2 above.
its brakes applied and the wheels blocked to prevent movement.
(9) A hose supplying steam or air to a hammer or a pole driver or to a drill carriage shall have

attached thereto a wire, rope or chain to prevent the hose from whipping.
(10) Piles or sheet piling shall be adequately supported at all times during hoisting, phasing,
removal or withdrawal and no worker who is not directly engaged in such operation shall
be in the area where the operation are being carried out.

Means of Access and Escape: Safety and Health Information


(1) Every excavation over I m. (3 ft.) deep shall be provided with means of access and escape Every worker shall receive instruction and training regarding the general safety and
in case of flooding or collapse of the excavation work. health measures common to construction sites.
.
(2) Every excavation shall have at least one (1) ladder in every 16.6 m. (50 ft.) of length or fraction thereof, of a
length, which shall extend at least 0.83 m. (2’6") above the top of the excavation to provide a firm handhold

when stepping on or off the ladder.

Fire Protection:
(1) Fire Protection equipment shall be, provided in accordance with the requirements of Rule 1940.

a. Vehicle Driving: Safety and Health Information


No person shall operate any vehicle or equipment in a construction site unless he has adequate training and Specialized instruction and training should be given to:
experience to operate such vehicle or equipment and is authorized by his immediate

supervisor. a) drivers and operators of lifting appliances, transport, earth-moving and materials-handling equipment and

machinery or any equipment of specialized or dangerous nature;


b. Supervision and inspection of Scaffolds: b) workers engaged in the erection or dismantling of scaffolds;
Scaffold shall be erected, added, altered or dismantled only under the supervision of the c) workers engaged in excavations at least one meter deep or deep enough to
person in charge of the construction. cause danger, shafts, earthworks, underground works or tunnels;
d) workers handling explosives or engaged in blasting operations;

c. Excavation e) workers engaged in pile-driving;


f) workers working in compressed air, cofferdams, and caissons;

(1) The walls of every excavation over 1 m. (3 ft.) deep shall be supported by adequate g) workers engaged in the erection of prefabricated parts of steel structural frames and tall chimneys, and in

shoring and timbering to prevent collapse concrete work, form work and other such work;

(2) Shoring or timbering in excavation over 6.6 m. (29 ft.) deep and those installed to prevent the movement, h) workers handling hazardous substances and materials;

collapse of an adjacent structure shall be designed by a structural engineer i) workers as signalers; and

and approved by the proper authority. j) other workers as maybe categorized by TESDA.

(3) No excavation in an adjacent building or structure shall be undertaken unless steps are
taken to prevent danger to workers.

(4) Before shoring or timbering, the walls of an excavation shall be stripped of loose rocks or
other materials that might slide, roll or fall on workers.

(5) Every excavation over 1 m. (3 ft.) shall be kept free of water at all times.

d. Explosives:

Supervision:
(1) A competent person shall be appointed in charge of and personally present at a blasting
operations who shall supervise the fixing of all charges and other blasting, activities.
(2) The names of persons designated to handle, transport, prepare or use dynamite or other
high explosives shall be posted in the field office and on or in the magazine.
(3) No person inexperienced in handling dynamite or other high explosives shall handle, transport, prepare or

use dynamite, unless the inexperienced person work under the personal supervision of a person with
experience in blasting operations.
(4) A record of explosives received and used shall be properly maintained and open for inspection by the
enforcing authority.

h. Storage of Cylinders:
Compressed gas cylinders shall be stored in upright position protected against heat and overturning
and when not in use, the control valves shall be covered by protective caps screwed to proper
positions.

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CONCLUSION

The construction industry in the Philippines is primarily regulated by the Construction Industry Association of the Philippine (CIAP). The primary duties of CIAP with PD 1746 include

formulating an overall strategy for optimal development of the construction industry. Monitor and research the domestic and international construction industry to identify areas for
improvement and recommend and/or implement changes that support industry development. Then, create criteria for ranking and classifying contractors that reflect their ability to win

and perform. All foreign and domestic companies wishing to engage in construction must obtain a license from the CIAP's licensing arm, the Philippine Contractors Accreditation Board
(PCAB RA No. 4566). The PCAB performs regulatory and quasi-judicial functions and is responsible for the registration and licensing of contractors who intend to engage in

construction business.

Republic Act 9184 (Government Procurement Act of 2007) was enacted to establish rules and regulations to modernize, standardize, and regulate government procurement activities.
This is in response to public calls to deliver value to taxpayers and demonstrate the government's commitment to good governance, transparency, accountability, equity, efficiency and
economics in the procurement process. In short, the law aims to prevent corruption. With the passage of Republic Act No. 11058, Filipino workers will have better protection in the

workplace. The law ensures a safer workplace by requiring employers to provide fully safe work practices, dissemination of information on work-related hazards, health and safety
training, and protective equipment.

REFERENCES

(2022, May 4). REPUBLIC ACT No. 4566 AN ACT CREATING THE PHILIPPINE LICENSING BOARD FOR CONTRACTORS, PRESCRIBING ITS POWERS, DU-

TIES AND FUNCTIO. Retrieved September 19, 2022, from https://www.gppb.gov.ph/laws/laws/RA_4566.pdf

DEPARTMENT ORDER NO. 13 Series of 1998 GUIDELINES GOVERNING OCCUPATIONAL SAFETY AND HEALTH IN THE CONSTRUCTION INDUSTRY In the i.

(n.d.). Occupational Safety and Health Center. Retrieved September 19, 2022, from https://oshc.dole.gov.ph/wp-content/uploads/2020/03/DO_13.pdf

DEPARTMENT ORDER NO. 13 Series of 1998 GUIDELINES GOVERNING OCCUPATIONAL SAFETY AND HEALTH IN THE CONSTRUCTION INDUSTRY In the i.

(1998). Occupational Safety and Health Center. Retrieved September 19, 2022, from https://oshc.dole.gov.ph/wp-content/uploads/2020/03/DO_13.pdf

Handbook on Philippine Government Procurement. (n.d.). Government Procurement Policy Board. Retrieved September 19, 2022, from https://www.gppb.gov.ph/

laws/laws/RA_9184.pdf

MALACAÑANG M a n i l a PRESIDENTIAL DECREE No. 1746 (As Amended by Executive Order Nos. 679 & 768) CREATING THE CONSTRUCTIO. (n.d.). Construc-

tion Industry Authority of the Philippines. Retrieved September 19, 2022, from https://ciap.dti.gov.ph/sites/default/files/PD1746.pdf

Untitled. (n.d.). Senate of the Philippines. Retrieved September 19, 2022, from http://legacy.senate.gov.ph/republic_acts/ra%2011058.pdf

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