15 BOSH - Module 6 OSH Legislations

WELCOME to the seminar on Prescribed
40-Hours Basic OSH Training Course for

Safety Officer 2 (SO2) – ONLINE
Content:
a. Objectives
b. Components of an OSH Administration
Framework in the Philippines
c. Key Provisions of the OSHS and other DOLE
Issuances
d. OSH Reportorial Requirements
e. Republic Act No. 11058
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Objectives:
1. Explain the government OSH regulations and
other responses to existing and potential OSH
hazards;
2. Discuss the OSH Administration in the
Philippines; and
3. Identify the different OSH reportorial
requirements and areas for compliance to the
OSH Standards.

OSH Administration Framework in the Philippines
Department of Labor and Employment (DOLE)
DOLE is the lead agency in implementing and enforcing OSH

policies and practices and it possesses enforcement and
rule-making powers.

Bureau of Working Condition (BWC)
BWC is a staff bureau of the DOLE, primarily performing policy

and program development and advisory functions for the DOLE
in the administration and enforcement of laws relating to
working condition.

Bureau of Working Condition (BWC) Implements

laws,
policies,
DOLE Regional Offices plans,
programs,
projects,
Luzon Visayas Mindanao rules and
Cluster Cluster Cluster
NCR CAR I II
regulations
V VI VII VIII IX X XI XII
III IV-A&B CARAGA of DOLE.


Employees
Compensation
DOLE Regional Offices Commission
(ECC)
Luzon Visayas
The
Cluster
ECC is a government
Cluster
corporation.
Mindanao It is
attached to the DOLE for policyCluster
coordination
NCR CAR I II V VI VII VIII IX X XI XII
and guidance. Also
III IV-A&B CARAGAprovides compensation and
rehabilitation to affected members.


Occupational Employees
Safety and Compensation
Health Center DOLE Regional Offices Commission
(OSHC) (ECC)
Luzon Visayas Mindanao

Cluster
OSHC undertake
Clustercontinuing Cluster
studies and
NCRresearches
CAR I II on Voccupational
safety
IX X XIand
VI VII VIII XII health.
III IV-A&B CARAGA
Also provide technical services and training.


Occupational Employees
Safety and Compensation
Health Center DOLE Regional Offices Commission
(OSHC) (ECC)
Luzon Visayas Mindanao

Cluster Cluster Cluster
NCR CAR I II V VI VII VIII IX X XI XII
III IV-A&B CARAGA


Legal Bases
1. Presidential Decree No. 442 (PD 442), otherwise known as
The Labor Code of the Philippines, 1974.
2. Occupational Safety and Health Standards (OSHS 1979,
amended in 1989)
3. Republic Act No. 11058. An Act Strengthening Compliance
with the OSH Standards and Providing Penalties for
Violations thereof.
4. Department Order No. 198 Series of 2018. Implementing
Rules and Regulation of Republic Act No. 11058
5. And, other DOLE Issuances.
Legal Bases
Presidential Decree No. 442 (PD
442), otherwise known as The
Labor Code of the Philippines,
1974
Renumbered pursuant to DOLE
Department Advisory 01 Series
of 2015.

Article 162 – Safety and Health
Standards.
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 workplaces and institute new,
and update existing, programs to
ensure safe and healthful working
conditions in all places of employment.

Article 164 – Training programs.
The DOLE shall develop and
implement training programs to
increase the number and competence
of personnel in the field of
occupational safety and industrial
health.

Article 165 – Administration of safety
and health laws.
a. The DOLE shall be solely
responsible for the administration
and enforcement of occupational
safety and health laws,
regulations and standards in all
establishments and workplaces
wherever they may be located…

Article 165 – Administration of safety
and health laws.
b. The Secretary of DOLE may, through
appropriate regulations, collect
reasonable fees for the inspection
of steam boilers, pressure vessels
and pipings and electrical
installations, the test and approval
for safe use of materials, equipment
and other safety devices and the
approval of plans for such materials,
equipment and devices.

Article 128 – Visitorial and
Enforcement Power.
a. The Secretary of Labor and
Employment or his duly
authorized representatives,
including labor regulation officers,
shall have access to employer’s
records and premises at any time
of the day or night whenever
work is being undertaken
therein...,

Enforcement Power.
b. …the Secretary of DOLE or his duly
authorized representative shall
have the power to issue
compliance order…

Enforcement Power.
c. The Secretary of DOLE may
likewise order stoppage or
suspension of operations of
establishment when non-
compliance with the law or
implementing rules and
regulations poses grave and
imminent danger to the health and
safety of workers in the workplace.

Enforcement Power.
d. It shall be unlawful for any person
or entity to obstruct, impede,
delay or otherwise render
ineffective the orders of the
Secretary of DOLE or his duly
authorized representatives issued
pursuant to the authority granted
under this Article...

Enforcement Power.
e. Any government employee found
guilty of violation of, or abuse of
authority, under this Article shall,
after appropriate administrative
investigation, be subject to
summary dismissal from the
service.

Enforcement Power.
f. The Secretary of DOLE may, by
appropriate regulations, require
employers to keep and maintain
such employment records as may
be necessary in aid of his visitorial
and enforcement powers under
this Code.

Book IV Title I – Medical, Dental Occupational Safety & Health
& Occupational Safety Standards, (OSHS)
Legal Bases
Occupational Safety and Health
Standards (OSHS), codification of
all safety and health rules and
regulations, including safety
orders in existence at the time.
(1978/1979)
Amended in 1989.

Selected OSHS Provisions
a. Rule 1001 – Purpose and Scope
b. Rule 1005 – Duties of Employers, Workers & Other
Persons
c. Rule 1012.01 – Abatement of Imminent Danger
d. Rule 1020 – Registration
e. Rule 1030 – Training & Accreditation of Personnel on OSH
f. Rule 1960 – Occupational Health Services

Rule 1001 – Purpose and Scope
 The objective of this issuance is to:
PREVENTION OF LOSS OR DAMAGE

PROTECT EVERY WORKINGMAN
TO PROPERTIES
 This standards shall apply to all places of
employment except as otherwise provided in this
Standards.

Rule 1005 – Duties of Employers, Workers & Other
Persons (Updated by DO 198-18 Ch.3 Sec.4)
A. Duties of Employer:
1. Equip a place of employment for workers free from
hazardous condition.
2. Provide complete job safety instructions.
3. Ensure that the appropriate measures of protection
are taken.
4. Use of devices/equipment with approved industry
standards.

A. Duties of Employer: (cont…)
5. Comply with OSH standards including training, medical
examination and PPE & Machine Guards.
6. Make arrangement for workers to participate in all
safety activities.
7. Provide measures identifying trainings and drills to
deal with emergencies.
8. Comply with all reportorial requirements of the OSH
Standards.
9. Register establishment to DOLE as provided under the
OSH Standards.
B. Duties of worker:
1. Participate in capacity building activities on OSH.
2. Proper use of all tools, equipment, materials, devices
and machine.
3. Comply with instructions to prevent accident.
4. Observed steps to be taken in cases of emergency.
5. Report to OSH Personnel any hazard.
C. Duty of Other Persons
Shall comply with the provisions of standards and all
regulations of employer.

Rule 1012.02 – Abatement of Imminent Danger
An imminent danger is a condition or practice that could
reasonably be expected to cause death or serious physical harm
 When an enforcement officer finds that an imminent danger
exists in a workplace, he shall inform the affected employer and
workers of the danger and shall recommend to the Regional
Director the issuance of an Order for stoppage of operation or
other appropriate action for the abatement of the danger.
 Upon receipt of such recommendation, the Regional Director
shall immediately determine whether the danger exists and is
of such a nature as to warrant the issuance of a Stoppage Order
or other appropriate action to minimize the danger.

Rule 1012.02 – Abatement of Imminent Danger
 The Order shall require specific measures that are necessary to
avoid, correct or remove such imminent danger and to
prohibit the presence of any worker in such location where
such danger exists, except those whose presence are necessary
to avoid, correct or remove such danger or to maintain a
continuous process or operation. Where stoppage of operation
is ordered, the Order shall allow such correction, removal or
avoidance of danger only where the same can be accomplished
in a safe and orderly manner.
 The Order shall remain in effect until danger is removed or
corrected.

Rule 1020 – Registration
 Required to all covered
establishments.
 Free of charge
 Valid for the lifetime of
establishment, except:
o Change in business name,
location or ownership.
 Attachment:
a. Layout plan of workplace
b. DTI COR, Business Permits and BIR
COR
Upper Part of Form (Part 1 of 2)
Upper Part of Form (Part 2 of 2)
Rule 1030 – Training & Accreditation of Personnel
on OSH (Updated by DO 16-01 and DO 198-18)
 Safety Officer – refers to any employee/worker trained by
DOLE or DOLE Accredited STO & tasked by the employer to
implement an OSH programs in the workplace, and ensure
that it is in accordance with the provisions of OSH
Standards.

Duties of Safety Officer:
1. Oversee the overall management of the OSH program in
coordination with the OSH committee:
a. Serves as SECRETARY to the HSC.
b. Acts in an ADVISORY CAPACITY on OSH
c. Coordinates all OSH TRAINING PROGRAMS for the company
d. Conducts investigation of accidents as member of HSC
e. Helps in the maintenance of an efficient safety record system.
2. Frequently monitor and inspect any health or safety
aspect.
3. Assist government inspectors
4. Issue Work Stoppage Order (WSO) when necessary

 Qualified Safety
Officer 3 (SO3)
shall be eligible
for certification
as OSH
Practitioner.
 Qualified Safety
Officer 4 (SO4)
shall be eligible
for certification
as OSH
Consultant.
Labor Advisory 04-19: Guide for Compliance of
Establishments to DO 198-18

Risk Classification of Establishments:
 Low risk establishment – refers to a workplace where
there is low level of danger or exposure to safety and
health hazards and not likely or with low probability to
result in accident, harm, injury, or illness.
 Medium risk establishment – refers to a workplace where
there is 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.

 High risk establishment – refers to a workplace where
there is high level of exposure to safety and health hazards,
and probability of a major accident resulting to disability,
death or major illness is likely to occur if no preventive or
control measures are in place. The following are
workplaces commonly associated with potentially high-risk
activities:
o Chemical works and chemical production plants;
Construction; Deep sea fishing; Explosives and pyrotechnics
factories; Firefighting; Healthcare facilities;

o Installation of communication accessories, towers and cables;
LPG filling, refilling, storage and distribution; Mining;
Petrochemical works and refineries; Power generation,
transmission and distribution in the energy sector; Storage
and distribution center for toxic or hazardous chemicals;
Storage of fertilizers in high volume; Transportation; Water
supply, sewerage, waste management, remediation activities;
Works in which chlorine is used in bulk; and
o Activities closely similar to those enumerated above and
other activities as determined by DOLE in accordance with
existing issuances on the classification of establishments.

Labor Advisory 04-19: Guide for Compliance of
Establishments to DO 198-18

Minimum classification and number of safety officer for all
covered workplaces shall be as follows:

Accreditation
Under DOLE Administrative Order No. 56 Series of
2011 and DOLE Administrative Order No. 407 Series of
207, the accreditations of OSH Practitioner and OSH
Consultant, as well as OSH Training Organization and
Testing Organizations for Construction Heavy
Equipment have been transferred to the Occupational
Safety and Health Center (OSHC).

Minimum Requirements for Accreditation
For OSH Practitioner:
 Must have completed the 40 hours Basic OSH Training
prescribed by the Bureau.
 Relevant Experience in OSH Requirement:
o Graduate of any 4 or 5 years course without license – 4 years
o College Graduate with license – 3 years
o College Undergraduate – 10 years
Relevant experience shall mean actual work experience on OSH
or a combination of actual experience and attendance or
participation in various trainings, seminars and other related
learning processes.
Minimum Requirements for Accreditation (cont.)
Note: Eighty (80) hours of credited trainings shall be converted as one (1) year
experience. However, years of actual experience must not be less than 2 years.

For OSH Consultant:
 Must be an accredited OSH Practitioner for five (5) years
with experience in two (2) fields of specialization on
OSH.
 Must have completed the 80 hours Advanced OSH
Training. (i.e. 40 hours LCM, 40 hours SPA, etc.)
 Must have earned 480 hours of training/seminar or
related learning processes in various fields of OSH from
accredited organization or institutions authorized by law.

Submit all the required documents to the OSHC main office or the nearest OSHC
Regional Extension Unit.
Rule 1960 – Occupational Health Services
Occupational Health (OH) Personnel – refer to a
qualified first-aider, nurse, dentist or physician
engaged by the employer to provide occupational
health services in the establishment, site or project.

OH Personnel or
Health Officer
a. First Aider – Standard First
Aid Training
b. OH Nurse – License and at
least 40hrs BOSH for Nurses
c. OH Dentist – License and at
least 40hrs BOSH
d. OH Physician – License and
at least 56hrs BOSH for
Physician

Labor Advisory 10 Series of 2019: Organizations
Recognized as First Aid Training Providers aside
from Philippine Red Cross (PRC)

Medical facilities shall also be provided by every
employer which shall be as follows:

The employer may not establish a hospital or dental clinic in
the workplace if:
 There is a hospital or dental clinic located not
more than five (5) kilometers away from the
workplace;
 It is accessible in not more than twenty-five
(25) minutes of travel time; and
 The employer has facilities readily available for
transporting workers to the hospital or dental
clinic in cases of emergency.
The employer shall enter into a written contract with the
hospital for the treatment of workers in cases of emergency.

OSH Reportorial Requirements
1. Rule 1020: Business Registration
2. Report on Health and Safety Organization (RSO)
and HSC Minutes of the Meeting
3. Employers Work Accident/Illness Report (WAIR)
4. Annual Work Accident/Illness Exposure Data
Report (AEDR)
5. Annual Medical Report (AMR)

Rule 1020: Business Registration
Every employer must register his/her
business with the DOLE RO.
 Registration is free of charge and valid for
the lifetime of the establishment, except:
 Change in business name, location, ownership
or re-opening after previous closing.
 Attachment needed:
 Layout plan of workplace in scale 1:100 meters.
 Business Permit to Operate

Report on Health and Safety
Organization (RSO) and HSC
Minutes of the Meeting
Rule 1040: Health and Safety Committee
Reports to the enforcing authority having
jurisdiction at least once in every three (3)
months, counting from January.
 Policy and Program on Safety & Health
 Type and Composition of HSC with Minute
of the Meeting
 Technical Information

Employers Work Accident/Illness
Report (WAIR)
Rule 1050: Notification & Keeping of Records
of Accident and/or Occupational Illnesses
 All work accidents or occupational
illnesses shall be reported by the
employer to the DOLE RO using the
prescribed form.
 Deadline of submission is on or before
the 20th day of the month following the
date of occurrence of the accident.

Employer’s Work Accident/Illness Repot (WAIR)






Annual Work Accident/Illness
Exposure Data Report (AEDR)
Rule 1050: Notification & Keeping of
Records of Accident and/or Occupational
Illnesses
 Employer shall accomplish AEDR and
submitted to DOLE RO on or before
the 30th day of the month following
the end of each year.

Annual Medical Report (AMR)
Rule 1960: Occupational Health Services
 Every employer must maintain a health
record of his programs and activities and
submit an AMR to DOLE RO on or before
the last day of March of the year
following the covered period.
 Duty of Physician, Nurse or OH
Practitioner to maintain a reporting and
record system and prepare and submit an
AMR to employer.

Republic Act No. 11058: An Act
Strengthening Compliance with the
OSH Standards and Providing
Penalties for Violations thereof and
its Implementing Rules and
Regulation (IRR) DO 198-18

Section 2: Coverage
Shall apply to all private establishments, projects and sites
and all other places where work is being undertaken in all
branches of economic activity, including:
 Establishments located inside special economic zones and other
investment promotion agencies (e.g., Philippine Economic Zone
Authority [PEZA], Clark Development Corporation [CDC]);
 Utilities engaged in air, sea, and land transportation;
 Industries such as mining, fishing, construction, agriculture, and
maritime;
 Contractors and subcontractors including those engaged in the
projects of the public sector.
Rights of Workers (DO 198-18)
1. Section 5: Workers’ Right to Know
 To know the different types of hazards in the workplace. Be provided
with training, education and orientation.
2. Section 6: Workers’ Right to Refuse Unsafe Work
 To refuse unsafe work without threat or reprisal from the employer
in cases of imminent danger. Affected workers may be temporarily
assigned to other work areas.
3. Section 7: Worker’s Right to Report Accidents
 To report accidents and dangerous occurrences to DOLE-ROs and
other government agencies in the most convenient way: Workers
shall be free from retaliation for reporting any accident.
4. Section 8: Workers’ Right to PPE
 Be provided with, free of charge, PPE.
Section 16: Safety and Health Training
All workers shall undergo the mandatory workers’
OSH seminar as prescribed by DOLE which shall be
jointly participated by workers and employers.
Standardized training module for safety and health
personnel shall be implemented and updated regularly
as necessary. The mandatory workers’ OSH seminar
may be conducted by the safety officer of the
establishment or any certified OSH practitioner or
consultant.

Section 16: Safety and Health Training (cont.)
The workers’ OSH seminar and other
trainings/orientation as required by the employer and
by any law shall be at no cost on the worker and
considered as compensable working time.
Workers performing critical occupations shall undergo

the mandatory competency assessment and
certification by TESDA.

Section 19: Workers’ Welfare Facilities
 Adequate supply of safe drinking water
 Adequate sanitary and washing facilities
 Suitable living accommodation for workers, as may
be applicable such as in construction, shipping,
fishing and nightworkers;
 Separate sanitary, washing and sleeping quarters for
all genders, as may be applicable;

Section 19: Workers’ Welfare Facilities
 Lactation Station except those establishments as
provided for under DO 143-15
 Ramps, railing and the like
 Medical Supply and Facilities
 Others as may be prescribed by the OSH standards
and other issuances.

Section 22: Employer’s Responsibility and Liability
The employer, project owner, contractor or
subcontractor, if any, and any person who manages,
controls or supervises the work being undertaken shall
be jointly and solidarily liable for compliance with
occupational safety and health standards including the
penalties imposed for violation thereof as provided for
in this Rules.

Section 23: Visitorial and Enforcement Power of
the Secretary of Labor and Employment or his/her
duly authorized representatives
All matters arising from the visitorial and enforcement power
of the Secretary of Labor and Employment or his/her duly
authorized representatives shall be governed by the
applicable rules on the administration and enforcement of
labor laws pursuant to Article 128 of the Labor Code of the
Philippines, as renumbered, and other laws.
Department Order No. 183 series of 2017 shall govern the
procedure in the implementation of DOLE DO 198-18
Section 29: Prohibited Act and its
Corresponding Penalties
 Willful failure or refusal to comply with OSH
Standards or compliance orders shall be penalized
with not more than Php 100,000.00 daily until full
compliance; reckoned from the date of issuance of
Notice of Results or Compliance Order.

Section 29:
Prohibited Act and its
Corresponding
Penalties

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WELCOME to the seminar on Prescribed

40-Hours Basic OSH Training Course for

AD Safety – adsmcservices@yahoo.com / 046-4509860 / 0927-9057998 / 0921-4162570

AD Safety – adsmcservices@yahoo.com / 046-4509860 / 0927-9057998 / 0921-4162570

DOLE is the lead agency in implementing and enforcing OSH

AD Safety – adsmcservices@yahoo.com / 046-4509860 / 0927-9057998 / 0921-4162570

Bureau of Working Condition (BWC)

BWC is a staff bureau of the DOLE, primarily performing policy

AD Safety – adsmcservices@yahoo.com / 046-4509860 / 0927-9057998 / 0921-4162570

Bureau of Working Condition (BWC) Implements

AD Safety – adsmcservices@yahoo.com / 046-4509860 / 0927-9057998 / 0921-4162570

Bureau of Working Condition (BWC)

AD Safety – adsmcservices@yahoo.com / 046-4509860 / 0927-9057998 / 0921-4162570

Bureau of Working Condition (BWC)

Luzon Visayas Mindanao

AD Safety – adsmcservices@yahoo.com / 046-4509860 / 0927-9057998 / 0921-4162570

Bureau of Working Condition (BWC)

Luzon Visayas Mindanao

AD Safety – adsmcservices@yahoo.com / 046-4509860 / 0927-9057998 / 0921-4162570

AD Safety – adsmcservices@yahoo.com / 046-4509860 / 0927-9057998 / 0921-4162570

AD Safety – adsmcservices@yahoo.com / 046-4509860 / 0927-9057998 / 0921-4162570

AD Safety – adsmcservices@yahoo.com / 046-4509860 / 0927-9057998 / 0921-4162570

AD Safety – adsmcservices@yahoo.com / 046-4509860 / 0927-9057998 / 0921-4162570

AD Safety – adsmcservices@yahoo.com / 046-4509860 / 0927-9057998 / 0921-4162570

AD Safety – adsmcservices@yahoo.com / 046-4509860 / 0927-9057998 / 0921-4162570

AD Safety – adsmcservices@yahoo.com / 046-4509860 / 0927-9057998 / 0921-4162570

AD Safety – adsmcservices@yahoo.com / 046-4509860 / 0927-9057998 / 0921-4162570

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AD Safety – adsmcservices@yahoo.com / 046-4509860 / 0927-9057998 / 0921-4162570

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PREVENTION OF LOSS OR DAMAGE

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 Business Permit to Operate

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