RIGHTS TO SAFE & HEALTHFUL

CONDITIONS OF WORK
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Written by Bureau of Working Conditions
 
Category: FAQs
 
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• What does  safety and health in the workplace mean?

     Safety refers to the physical or environmental conditions of work which comply with
prescribed Occupational Safety and Health (OSH) Standards and which allow the
workers to perform the job without or within acceptable exposure limit to hazards.
Occupational safety also refers to practices related to production and work process.

     Health means a sound state of the body and mind of the workers that enables the
worker or employee to perform the job normally.

• What does OSH Standards mean? 

     OSH Standards are mandatory rules and standards set and enforced to eliminate or
reduce occupational safety and health hazards in the workplace.

• What is the purpose of OSH Standards?

     OSH Standards aim to provide at least the minimum acceptable degree of protection
that must be afforded to every worker in relation to the working conditions and dangers
of injury, sickness or death that may arise by reason of the worker's occupation. The
provision of OSH Standards by the State is an exercise of police power, with the
intention of promoting the welfare and well-being of the workers.

• What are covered by the General OSH Standards?

     All establishments, workplaces and other undertakings are covered, including
agricultural enterprises whether operating for profit or not, except:

     Residential places exclusively devoted to dwelling purposes.

• What does right to safe and healthful conditions of work mean? 

     It means that the worker shall be assured of effective protection against the danger
of injury, sickness or death through safe and healthful working conditions.
• What is the minimum standard on safety and health in the workplace?
     The OSH Standards provide that every company shall keep and maintain its
workplace free from work hazards that are likely to cause physical harm to the workers
or damage to property. Thus, the worker is entitled to be provided by the employer with:
 Appropriate seats, lighting and ventilation;
 Adequate passageways, exits and fire fighting equipment;
 Separate facilities for men and women;
 Appropriate safety devices like protective gears, masks, helmets, safety boots,
coats or first-aid kits;
 Medicines, medical supplies or first-aid kits;
 Free medical and dental services and facilities.

• What other safety requirements should employers provide their employees?

     Employers must provide their employees with the following instruments and/or
working stations:

 Appropriate protective equipment and clothing such as overall head coverings,

goggles, gloves aprons and respirators;
 A properly designed exhaust system and waste disposal, local exhaust or
general ventilation to keep toxic fumes or gases, away from workers' breathing
zone;
 Adequate number of fire extinguishers in the workplace;
 Designated safe smoking and welding areas far from combustible, flammable or
explosive materials, containers filled with explosives or flammable substances,
and containers that have held explosives or flammable materials;

• What safety measures must be observed within the premises of establishments

     Establishments must observe the following safety measures:

 Building premises shall have adequate fire, emergency or danger signs and
safety instructions of standard colors and sizes visible at all times;
 Other visible signs that may be needed to direct the driver of motorized vehicle
such as STOP, YIELD, and DO NOT ENTER, properly positioned within the
compound of the establishment shall be used to increase safety especially during
the night;
  Handicapped employees shall be restricted only to designated workplaces. As far
as practicable and feasible they shall be provided with facilities for safe and
convenient movement within the establishment;
 Good housekeeping shall be maintained at all times through cleanliness of
building, yards, machines, equipment, regular waste disposal, and orderly
arrangement of process operations, storage and filing materials;
 Adequate dressing rooms, locker rooms, comfort rooms and lavatories separate
for male and female workers shall be provided.

• Who enforces OSH Standards?

  The Secretary of Labor and Employment, through the Regional Director or his
other authorized representative, enforces the OSH Standards in the exercise of
visitorial and enforcement powers.

• What is visitorial power?

     Visitorial power refers to the authority to conduct inspections or investigations in the

premises of an employer at any time of the day or night whenever work is being
undertaken. This is necessary to determine violations or to enforce the rights of workers
under the Labor Code. Under this power, the employer may be required to submit
reports and other documents to determine any violation.

• What is enforcement power?

     Enforcement power refers to the authority of the Secretary or the Regional Director
to order an erring employer, after due notice and hearing, to comply with labor
standards and issue a writ of execution in case of non-compliance. If the violation poses
grave and imminent danger to the health and safety of workers, suspension or
cessation of the operations may be effected  within 24 hours from the issuance of the
order.

• How are these Standards enforced?

     These standards are enforced through the inspectorate system. Thus, every
employer shall provide to the Secretary or to  his/her duly authorized representative
access to its premises or records at any time of the day or night whenever  there is work
to determine and effect compliance.

     Every establishment or workplace shall be inspected at least once a year. However,

special inspection visits may be authorized by the Regional Office to investigate work-
related accidents, occupational illness or dangerous occurrences, conduct surveys,
follow-up inspection recommendations, or to conduct investigations or inspections upon
request of an employer, worker or labor union in the establishment.

• If a worker or representative of workers or any concerned person believes that

such a violation of the OSH Standards exists which threatens with physical harm
or poses imminent danger to life, what shall he do to correct the danger?

     The said worker or workers’ representative shall request the RO for an inspection of
their area by giving full particulars or details regarding such violation or danger.

• What does the Regional Office do in such a case?

     The Regional Office evaluates the report and conducts a special inspection or
investigation immediately in the subject establishment. The complainant is notified in
writing of the outcome of such investigation.
• What is considered hazardous workplace?
     A workplace is deemed hazardous if:

 The nature of the work exposes workers to dangerous environmental elements,

contaminants or work conditions, including ionizing radiation, chemicals, fire,
flammable substances, noxious components, and the like;
 The workers are engaged in construction work, logging, fire-fighting, mining,
quarrying, blasting, stevedoring, dock work, deep-sea fishing and mechanized
farming;
 The workers use or are exposed to heavy or power-driven machinery or
explosive powder-actuated equipment;
 The workers are engaged in the manufacture or handling of explosives and other
pyrotechnic products;
 The workers use or are exposed to biological agents such as bacteria, viruses
and other parasites.
• What are the duties and responsibilities of the employers and the employees in
relation to enforcement and compliance with OSH Standards in the workplace?
DUTIES OF THE EMPLOYERS
 Adopt administrative policies on safety in accordance with the provisions of the
Standards;
 Report to the Regional Director or his/her duly authorized representative the
policies adopted and the safety organization established;
  Submit reports to the Regional Director or his/her duly authorized representative
once in every three months on the safety performance, safety committee
meetings and its recommendations and measures taken to implement the
recommendation;
 Act on recommended safety measures;
 Provide access to appropriate authorities.
DUTIES OF THE EMPLOYEES
 Follow safety policies;
 Report unsafe conditions and practices to the Supervisor;
 Serve as member of the Health and Safety Committee;
 Cooperate with Health and Safety Committee;
 Assist government agencies in the conduct of safety and health inspection.
• What is a Safety and Health Committee?
     A Safety and Health Committee is a group of employees or workers and
management that plans and makes policies in all matters pertaining to safety and health
in the workplace. All establishments are required to have a Safety and Health
Committee.
• When shall an establishment organize a Safety and Health Committee?
     In every workplace, a Safety and Health Committee shall be organized within sixty
days after the Standards take effect, and for new establishments, within one month from
the date business starts operating. In both cases the Safety and Health Committee shall
reorganize every January of the following year:
• What are the types and composition of a Safety and Health Committee?
     The types and composition of the Safety and Health Committee shall be organized
according to the number of employees or workers in a workplace. To view RULE 1040,
please click here
• What are the duties of the Safety and Health Committee?
     Safety and Health Committee shall:
 Plan and develop accident prevention programs in the workplace;
 Inspect workplace to detect unsafe conditions;
 Review reports of inspection, results of accident investigations and
implementation of accident prevention program;
 Conduct safety meetings at least once a month;
 Submit reports to the manager/owner on its meetings and activities;
 Provide necessary assistance to government inspecting authorities in the proper
conduct of activities relating to enforcement of the provisions of the Standards;
  Train workers in safe work habits and procedures;
 Develop and maintain a disaster contingency plan and organize such emergency
service units as may be necessary to handle disaster situations pursuant to the
Emergency Preparedness Manual for Establishments of the Office of Civil
Defense

SOURCE:
https://bwc.dole.gov.ph/rights-to-safe-healthful-conditions-of-work