Administrative

Occupational Safety
and Health (OSH)
Requirements
Session Objective:

At the end of the session, the participants will

be able to identify the prescribed
administrative requirements and penalties for
violations.

Department of Labor and Employment

OCCUPATIONAL SAFETY AND HEALTH CENTER
 OSH Structural Framework
Department of Labor & Employment
(Policy Regulation)

Bureau of Working
Conditions (BWC) Employees
Occupational (policy formulation)
Safety and Health Compensation
Center (OSHC) Commission
(technical services, DOLE Regional (ECC)
research, training) Offices (compensation/
(enforcement/ rehabilitation)
implementation)
Luzon Cluster Visayas Mindanao
CAR NCR Cluster Cluster
I II III
IV-A IV-B V VIII VI IX XI
CARAGA VII X XII
SECTION 12: OSH Program
Covered workplaces shall develop and implement a suitable OSH program in a
format prescribed by DOLE which shall be posted in prominent places.
a) For establishments with less than 10 workers and low risk establishments with 10-50
workers. – The OSH program, which shall be duly signed by the employer, must include
at least the following:
1. Company commitment to comply with OSH requirements;
2. General safety and health programs, including:
 Safety and health hazard identification, risk assessment and control (HIRAC),
 Medical surveillance for early detection and management of occupational and work-
related diseases, and
 First aid and emergency medical services;
3. Promotion of the following health domains:
 Drug-free workplace (RA 9165),
 Mental health services in the workplace (RA 11036), and
 Healthy lifestyle;

Department of Labor and Employment

OCCUPATIONAL SAFETY AND HEALTH CENTER
 SECTION 12: OSH Program
4. Prevention and control of the following health domains:
 Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome (RA
8504),
 Tuberculosis (EO 187-03), and
 Hepatitis B (DOLE DA 05-2010);
5. Complete company or project details;
6. Composition and duties of the OSH committee;
7. OSH personnel and facilities;
8. Safety and health promotion, training and education, including:
 Orientation of all workers on OSH, and
 Conduct of risk assessment, evaluation and control;
9. Conduct of toolbox or safety meetings and job safety analysis, if applicable;
10. Accident/incident/illness investigation, recording and reporting;
11. Provision and use of PPE;
12. Provision of safety signage;
13. Provision of workers’ welfare facilities;
14. Emergency and disaster preparedness and mandated drills;
15. Solid waste management system; and
16. Control and management of hazards. Department of Labor and Employment
OCCUPATIONAL SAFETY AND HEALTH CENTER
SECTION 12: OSH Program
b) For medium to high risk establishments with 10–50 workers and low to
high risk establishments with 51 workers and above. – The OSH program,
which shall be duly signed by the employer, must include at least the
following:
13. Dust control and management, and regulations on activities such as
building of temporary structures, and lifting and operation of electrical,
mechanical, communications system, and other equipment;
15. Prohibited acts and penalties for violations; and
16. Cost of implementing company OSH program.

Department of Labor and Employment

OCCUPATIONAL SAFETY AND HEALTH CENTER
 SECTION 12: OSH Program

 The OSH program shall be communicated and be made readily available to all persons in the
workplace. It shall be updated periodically whenever the DOLE, other regulatory or
government agencies and institutions promulgate new rules, guidelines and other issuances
related to workers’ safety and health.

 A duly signed company commitment to comply OSH requirements together with the company
OSH program using the prescribed template shall be considered approved upon submission
EXCEPT for Construction Safety and Health Program which shall need approval by DOLE prior to
construction.

 OSH programs in the pre-approved template may be modified by DOLE as necessary based on
existing laws, rules and regulations, and other issuances or upon validation of the program
during inspection.

 The company shall review and evaluate the OSH program at least once a year or as necessary,
to ensure that its objectives are met towards an improved safety and health performance.

Department of Labor and Employment

OCCUPATIONAL SAFETY AND HEALTH CENTER
SECTION 17: OSH Reports
All employers, contractors or subcontractors, if any, shall submit to DOLE all safety
and health reports, and notifications such as but not limited to annual medical report
(AMR), OSH committee report, employer’s work accident/injury report (WAIR), and
annual work accident/injury exposure data report (AEDR).

W - Work Accident and Illness Report (20th day, following month)

A - Annual Work Accident/Injury Exposure Data Report (January 30)

R - Report of Safety Organization (annually)

M - Minutes of OSH Committee Meeting (quarterly)

A - Annual Medical Report (March 30)

Department of Labor and Employment

OCCUPATIONAL SAFETY AND HEALTH CENTER
 SECTION 18: Workers’ Competency Certification
The PRC shall determine the minimum and necessary competency on safety and health
for OSH personnel and use the same as equivalency in their application for Continuing
Professional Development (CPD) units.

In order to professionalize, upgrade and update the level of competence of workers,

TESDA or PRC, shall establish national competency standards and prepare guidelines on
competency assessment and certification for critical occupations to include
requirements on safety and health.

An occupation shall be considered critical when:

a) The performance of a job affects people’s lives and safety;
b) The job involves the handling of complex tools, equipment and supplies;
c) The job requires a relatively long period of education and training; and
d) The performance of the job may compromise the safety, health and environmental
concerns within the immediate vicinity of the establishments.

Department of Labor and Employment

OCCUPATIONAL SAFETY AND HEALTH CENTER
 SECTION 19: Workers’ Welfare Facilities

All establishments, projects, sites and all other places where work is being undertaken
shall have the following free welfare facilities in order to ensure humane working
conditions:

a) Adequate supply of safe drinking water;

b) Adequate sanitary and washing facilities;
c) Suitable living accommodation for workers, as may be applicable such as in
construction, shipping, fishing and night workers;
d) Separate sanitary, washing and sleeping facilities for all gender, as may be
applicable;
e) Lactation station except those establishments as provided for under DOLE
Department Order No. 143-15;
f) Ramps, railings and the like; and
g) Other workers’ welfare facilities as may be prescribed by the OSH standards and
other issuances.

Department of Labor and Employment

OCCUPATIONAL SAFETY AND HEALTH CENTER
SECTION 20: All Other OSH Standards
All employers, contractors or subcontractors, if any, shall comply with other
occupational safety and health standards as provided for in the 1978 DOLE
Occupational Safety and Health Standards, as amended.

SECTION 21: Cost of Safety and Health Program

The total cost of implementing a duly approved OSH program shall be an
integral part of the operations cost.
It shall be separate pay item in construction and in all contracting or
subcontracting arrangements.

SECTION 22: Joint and Solidary 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.

Department of Labor and Employment

OCCUPATIONAL SAFETY AND HEALTH CENTER
SECTION 24: Payment of Workers During Work
Stoppage Due to Imminent Danger

If stoppage of work due to imminent danger occurs as a result of the

employer’s violation or fault, the employer shall pay the affected
workers their corresponding wages during the period of such stoppage
of work or suspension of operations.

For purposes of payment of wages and any other liabilities arising from the WSO, the
employer is presumed a party at fault if the WSO was issued secondary to an
imminent danger situation which would imperil the lives of the workers. A mandatory
conference not later than 72 hours shall be held to determine whether the WSO will
be lifted or not.

Department of Labor and Employment

OCCUPATIONAL SAFETY AND HEALTH CENTER
SECTION 27: Employee’s Compensation Claim

A worker may file claims for compensation benefit arising out of work-
related disability or death. Such claims shall be processed
independently of the finding of fault, gross negligence or bad faith of
the employer in a proceeding instituted for the purpose. The employer
shall provide the necessary assistance to employees applying for claims.

SECTION 28: Incentives to Employers and Workers

There shall be established package of incentives under such rules and
regulations as may be promulgated by the DOLE to qualified
employers and workers to recognize their efforts towards ensuring
compliance with OSH and general labor standards such as OSH
training packages, additional protective equipment, technical
guidance, recognition awards and other similar incentives.

Department of Labor and Employment

OCCUPATIONAL SAFETY AND HEALTH CENTER
 SECTION 29: Prohibited Acts and its Corresponding Penalties

Any willful failure or refusal

of an employer, contractor or
subcontractor to comply with
the following OSH standards
below or with a compliance
order issued by the Secretary
of Labor and Employment or
his/her authorized
representative shall be
penalized of the
administrative fines as follows
computed on a per day basis
until full compliance:

Department of Labor and Employment

OCCUPATIONAL SAFETY AND HEALTH CENTER
Failure or refusal to comply with OSH standards or
compliance order shall be deemed willful when
done voluntarily, deliberately and intentionally.

An employer, contractor or subcontractor who is found to

have repeatedly violated the same prohibited act shall be
penalized of the corresponding fine plus an additional fine
equivalent to fifty percent (50%) thereof for every
instance of repeat violation.
If any of the following acts is present and there is non-compliance,
the penalty of one hundred thousand pesos (₱100,000.00)
administrative fine shall be imposed separate and in addition to the
daily administrative fine imposed above:

1. Repeated obstruction, delay or refusal to provide the SecLab or

any of its authorized representatives access to the covered
workplace or refusal to allow access to relevant records and
documents necessary in determining compliance with OSH
standards;
2. Misrepresentation in relation to adherence to OSH; or
3. Making retaliatory measures such as termination of
employment, refusal to pay, reducing wages and benefits or in
any manner discriminates against any worker who has given
information relative to the inspection being conducted.
 When the violation exposes the worker to death, serious injury or serious illness,
the imposable penalty shall be one hundred thousand pesos (₱100,000.00)

 Should there be 2 or more be non-compliances, all penalties shall be imposed;

provided that the total daily penalty shall not exceed one hundred thousand pesos
(₱ 100,000.00)
 The penalties shall be computed on a per day basis until full compliance reckoned
from the date of the notice of violation or service of the compliance order to the
employer without prejudice to the filing of a criminal or civil case in the regular
courts, as the case may be.
 The RD shall, after due notice and hearing, impose the appropriate administrative
fines taking into consideration the damage or injury caused and risk involved
including the severity and frequency of the OSH violations and size of the
establishment.
 Fines collected pursuant to this Rules shall be utilized for the operation of OSH
initiatives incentivizing qualified employers and workers in recognition of their
efforts towards ensuring compliance with OSH.

Department of Labor and Employment

OCCUPATIONAL SAFETY AND HEALTH CENTER
Rule 1020 - Registration of Establishments
IP Form 3

Department of Labor and Employment

OCCUPATIONAL SAFETY AND HEALTH CENTER
Rule 1040 – Health and Safety Committee

REPORT/
OSH RULE Where to File When to File
FORM

Rule 1040 Report of Safety 2 copies, to be - Within one (1)

Health and Organization - submitted to month after the
Safety DOLE/BWC/IP-5) concerned RO copy organization
Committee furnished the BWC

Minutes of the - Quarterly

Meeting – No
form needed
Report of Safety Organization
DOLE/BWC/IP-5

Department of Labor and Employment

OCCUPATIONAL SAFETY AND HEALTH CENTER
Rule 1050 – Notification & Keeping of Accident
and/or Occupational Illnesses
OSH RULE REPORT/FORM Where to
When to Report
Report

Rule 1050 Work Accident/Illness On or before the 2 copies, to

Notification Report (WAIR) - 20th day of the be submitted
and Keeping of DOLE/BWC/IP-6) month following the to concerned
Accidents WAIR date of occurrence RO copy
and/or of the accident furnished the
Occupational Bureau
Annual Exposure -On or before Jan. 30
Illnesses
Data Report (AEDR) - of the following year
(DOLE/BWC/IP-6b)
Fatal/major accident Within 24 hours
(DOLE/BWC/IP-6) (DOLE/BWC/IP-6b)
Annual Medical Report Form(AMR) DOLE/BWC/OHSD/OH-47A
Annual Medical Report Form(AMR)
DOLE/BWC/HSD/OH-47-A

Department of Labor and Employment

OCCUPATIONAL SAFETY AND HEALTH CENTER
DOLE/BWC/HSD/OH-47-A

Department of Labor and Employment

OCCUPATIONAL SAFETY AND HEALTH CENTER
Summary of OSH Administrative Rules

N otification and Keeping of Records of Accidents and/or

Occupational Illnesses (Rule 1050)

O ccupational Health Services (Rule 1960)

R egistration of business (Rule 1020)

T raining and Accreditation of Personnel in OSH (Rule 1030)

H ealth & Safety Committee (Rule 1040)

Department of Labor and Employment

OCCUPATIONAL SAFETY AND HEALTH CENTER
Summary of Reportorial Requirements

W ork Accident/Illness Report (WAIR) - 20th day of following month

A nnual Exposure Data Report (AEDR) - on or before January 30

R eport of Safety Organization (RSO) - annually

M inutes of the Meetings of Health and Safety Committee

- quarterly

A nnual Medical Report (AMR) - on or before March 30

Department of Labor and Employment

OCCUPATIONAL SAFETY AND HEALTH CENTER
DOLE Issuances
ISSUANCE TITLE COMPONENTS

Guidelines for the Implementation of Drug-Free Workplace A. Advocacy,

DO 53-03 Policies and Programs for the Private Sector Information,
Education
Guidelines for the Implementation of Policy and Program on &Training
DO 73-05 Tuberculosis (TB) Prevention and Control in the Workplace
B. Preventive
Guidelines for the Implementation of HIV and AIDS Prevention Strategies
DO 102-10 and Control in the Workplace Program C. Social Policy
D. Health Care
Guidelines for the Implementation of a Workplace Policy and Services
DA 05-10 Program on Hepatitis B
E. Benefits &
Compensation
Safety and Health Measures for Workers Who by the Nature of
DO 178-17 Their Work Must have to Stand at Work
F. Monitoring &
Enforcement

Department of Labor and Employment

OCCUPATIONAL SAFETY AND HEALTH CENTER
Clear Points

Department of Labor and Employment

OCCUPATIONAL SAFETY AND HEALTH CENTER
Enforcement is one response

but not the only response!

Department of Labor and Employment

OCCUPATIONAL SAFETY AND HEALTH CENTER
 Lahat tayo
pwede maging
maging
OSH CHAMPIONS!