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ph - Frequently Asked Questions (FAQs) - Labor in the Philippines

Labor in the Philippines:

Rights to Safe and Healthful Conditions of Work

What does safety and health in the workplace mean?

Safety refers to the physical or environmental conditions of work which comply with prescribe
Occupational Safety and Health (OSH) Standards and which allow the workers to perform his or her
job without or within acceptable exposure 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 him or her to perform the
job normally.

What does OSH Standard 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 Standard 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 be arise by reason of his or her occupation. The provision of OSH Standards by the State is
an exercise of the police power, with the intention of promoting the welfare and well-being of
workers.

What are covered by the General OSH Standards?

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

● Residential places exclusively devoted to dwelling purposes;

● Those directly engaged in land, sea and air transportation, except their dry dockers, garages,
hangers and maintenance, and repair shops and offices;
● The activities of a lessee regarding the safety of the mining claim or lease, including mines
safety, mineral conservation and pollution in establishments or work places falling under
mining industry.

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.

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Gov.ph - Frequently Asked Questions (FAQs) - Labor in the Philippines

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 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 wome;
● 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 designed exhaust system and waste disposal, local exhaust or
general ventilation to keep toxic fumes or gases;
● 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 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 Health Standards?

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

What is visitorial power?

Visitorial power refers to the authority to conduct inspections or investigations at the premises of an

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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 affected may be 24 hours from the issuamce of the
order to determine whether or not the suspension or cessation of the operations shall be lifted.

How are these Standards enforced?

These standards are enforced through the inspectorate system. Thus, every employer shall give access
to the Secretary or his/her duly authorized representative access to its premises or records at any time
of the day or night when 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 an investigations or inspections upon request of an employer, worker or labor union in the
establishment.

If a workers or representative of workers or any concerned person believes that such a violation
of the OSH Standards exists which threatens physical harm or poses imminent danger to life,
what shall he do to correct the danger?

The said workers’ representative shall request an inspection with the Regional Office in 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 complaint is notified in writing of the outcome of such
investigation.

What are considered hazardous work place?

Workplace are 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 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

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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 report 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 Health and Safety Committee?

A Health and Safety 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 Health and Safety Committee.

When shall an establishment organize a Health and Safety Committee?

In every workplace, a Health and Safety 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 Health and Safety Committee shall reorganize every January of the
following year:

What are the types and composition of Health and Safety Committee?

The types and composition of the Health and Safety Committee shall be organized according to the
number of employees or workers in a workplace.

● Type-A:

In every workplace having a total of over 400 workers, the following shall compose the Health
and Safety Committee:

Chairman – the manager or his/her authorized representative who must be a top operating
official;

Members – two department heads; four workers (must be union members, if organized); the
company physician;

Secretary – safety man.

● Type-B:

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In every workplace having a total of over 200 to 400 workers, the following shall compose the
Health and Safety Committee:

Chairman – the manager or his/her authorized representative who must be a top operating
official;

Members – one supervisor, three workers (must be union members, if organized), the company
physician or the company nurse;

Secretary – the safety man.

● Type-C:

In every workplace with 100 to 200 workers, the following shall compose the Health and
Safety Committee:

Chairman – the manager or his/her authorized representative;

Members – one foreman, three workers (must be union members, if organized) and the nurse

Secretary – the part-time safety man.

● Type-D: (Line type of organization may be adopted)

In every workplace with less than 100 workers, the following shall compose the Health and
Safety Committee:

Chairman – the manager;

Members – one foreman, three workers (must be union member, if organized), the nurse/first-
aider;

Secretary – the part-time safety man.

● Type-E: Joint Committee

When two or more establishments are housed under one building, the Health and Safety
Committee organized in each workplace shall form themselves into a Joint Coordinating
Committee to plan and implement programs and activities concerning all establishment.

Chairman – the Chairman of the establishment;

Members – two supervisors from two different establishments and two workers from two
different establishments (union member, if organized);

Secretary – appointed by the Chairman (if high-rise, the Secretary shall be the Building
Administrator)

What are the duties and the Health and Safety Committee?

The Health and Safety 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

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prevention program;
● Conduct safety meetings at least once a month;
● Submit report 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: http://www.dole.gov.ph/primers/rightstshcw.htm

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