SPECIALIZATION 2 JOSE CARLITOS LAO

WED 11:00 AM – 2:00PM ARCH - 5

Definition of Terms:

1. Unguarded surface – refers to any working surface above water or ground, temporary or
permanent floor platform, scaffold construction or wherever workers are exposed to the
possibility of falls hazardous to life or limb

2. Tool box meeting or gang meeting – refers to daily meeting among workers and their
respective supervisors for the purpose of instruction, discussion and proper briefing on the
planned work, the assessment of past work, the possibility or actual occurrence of accidents at the
site, tips and suggestions on how to prevent possible accidents and other related matters.

3. Constructor – is deemed synonymous with the term “builder.” It refers to any person or
organization who undertakes or offers to undertake or purports to have the capacity to undertake
or submits a bid to, or does himself or by or through others, construct, alter, repair, add to,
subtract from, improve, move, wreck or demolish any building, highway, road, railroad, excavation
or other structure, project development or improvement, or to do any part thereof, including the
erection of scaffolding or other structures or works in connection therewith. The term constructor
includes subcontractor and specialty contractor

4. COSH – (Construction Occupational Safety and Health) refers to a set of detailed rules to
cover the processes and practices that shall be utilized in a specific construction project site in
conformity with the OSHS including the personnel responsible and the penalties for violations
thereof.

5. BOSH – (Basic Occupational Safety and Health) refers to the basic knowledge and skills on
identifying safety, health, and environmental hazards; determining appropriate control measures;
and developing and implementing OSH policies and programs

6. TESDA – (Technical Education and Skills Development Authority serves) as the Philippines'
Technical Vocational Education and Training authority. As a government agency, TESDA is tasked
to both manage and supervise the Philippines' Technical Education and Skills Development.
1. What are the benefits of an individual construction worker?

- Suit and Tie Not Required

One benefit of construction work is you can wear pretty much what you wish. Of course, there are
some regulations concerning safety, like wearing safety goggles, hard hats, or hi-vis workwear.
Other than that, you can wear comfortable clothes of your choice.

- Type of Work
Some people prefer to work outside and would hate being inside all day. Construction workers
work with their hands and equipment and that is appealing to many. There is also job satisfaction
knowing that you have contributed to something that will last many years.

- Good Pay
Workers are paid very well according to their experience and skill level. Union workers usually get
paid better than non-union counterparts. Construction sites need managers and safety managers
so there is room for growth and higher salaries.

- Good Hours
Many constructions jobs work during the day and have evenings and weekends off. Many also start
early in the day, so you get home sooner than many office workers. Also, you will be fairly
compensated for any overtime hours.

- Better Physical Health

Working outside will give your body an ample supply of vitamin D which helps you stay healthy.
Working all day can also help build your stamina. Physical activity is good for your heart and
cardiovascular system. You will be stronger and your muscles will be more powerful from working
in the construction industry.

- Job Security
Experienced construction workers will almost always be able to find work. If you move to another
barangay or city, there will be construction opportunities any place you go.
2. What is the current rate/ salary of a construction worker? is this fair? why/why not?

According to ph.indeed.com, the average salary for a Construction Worker is Php 22,417 per month in
the Philippines. But, when I asked a neighbor, he said it’s Php400-600 per day. I find it to be unfair because
this kind of job pays a lot of force and energy to carry those materials for the construction. And, I think they
deserve higher pays, too, that will compensate to the energy that they spend in the work. I think all hard
labor jobs should have a higher pay.

3. Is the labor code enough to protect the construction worker from exploitation and other unfair
treatments?

I think, the labor code is just enough to protect the construction worker from exploitation and other unfair
treatments, but there’s a need of constant monitoring with its implementation. Yes, the provisions are here,
but the problem is how it works, especially that there are abusive employers who just take these kinds of
workers for granted to just focus on their benefits without looking into the side of the workers who are
tilting the entire project.

4. What happens if a construction worker dies in the construction site? What are the processes
that the contractor/employer should go through?

Third party liability means a third party beyond the worker and/or the employer is responsible for all or a
portion of that incident. Determining liability in a construction site accident can be complicated. This is, in
part, because multiple parties might be at fault.

5. To avoid such accidents, what is a PPE? present pictures of PPE.

Personal protective equipment is protective clothing, helmets, goggles, or other garments or equipment
designed to protect the wearer's body from injury or infection. The hazards addressed by protective
equipment include physical, electrical, heat, chemicals, biohazards, and airborne particulate matter.
6. What are the liabilities and responsibilities of the employer and workerd?

Section 6. LIABILITIES/RESPONSIBILITIES OF THE EMPLOYER AND THE WORKERS.

6.1. Requirements of labor and social legislations. (a) The construction company and the general
contractor and/or subcontractor referred to in Sec. 2.5 shall be responsible for the workers in its
employ on matters of compliance with the requirements of existing laws and regulations on hours
of work, wages, wage-related benefits, health, safety and social welfare benefits, including
submission to the DOLE-Regionai Office of Work Accident/Illness Report, Monthly Report on
Employees' Terminations/Dismissals/Suspensions and other reports. The prime/general contractor
shall exercise sound judgment and discretion in contracting out projects to ensure compliance
with labor standards.

(b) Project and non-project employees shall observe the requirements of labor and sociai
legislations and reasonable company rules and regulations on matters pertaining to their
obligations.

6.2. Implementation of safety and health standards. The Department through the Regional Offices
shall strictly enforce the Occupational Safety and Health Standards, as amended, particularly Rule
1005 on Duties of Employers, Workers and Other Persons and Rule 1410 on Construction Safety.
Through the Bureau of Working Conditions, the Department may issue a code of practice on
Occupational Safety and Health for the construction industry.

6.3. Wage Increases. AS regards wage increases, whether mandated or agreed upon by the parties,
the prescribed increase in the wage rates of the workers in construction projects shall be borne by
the principals or clients of the construction contractors and the contracts shall be deemed amended
accordingly. The wage rates of project employees shall depend on the skills or level of competence
of such project employees as determined by NMYC Trade and Standards subscribed to by the
Philippine Construction Industry under the Five Year Construction Manpower Development Plan
dated November 1991, provided that the rates established shall not be lower than that prescribed
by the appropriate wage order and regulations. The liability in subsequent mandated grants of
wage increases and/or allowances to construction workers shall be determined in accordance with
the provisions of the applicable wage legislations or orders.

7. What is payment by result?

Where the payment for work or services rendered is by results, piece rate or “pakiao”, the rate shall be
determined on the basis of not less than the minimum wage applicable in the region where the construction
project is located. The minimum wage rates of workers who are paid by results may be determined by the
appropriate DOLE Regional Office on its initiative or upon request of interested parties.
8. Are the construction workers entitled for a separation pay?

*Project employees entitled co separation pay.

a) Project employees whose aggregate period of continuous employment in a construction

company is at least one year shall be considered regular employees, in the absence of a "day
certain" agreed upon by the parties for the termination of their relationship. Project employees
who have become regular shall be entitled to separation pay.

A "day" as used herein, is understood to be that which must necessarily come, although it may
not be known exactly when. This means that where the final completion of a project or phase
thereof is in fact determinable and the expected completion is made known to the employee,
such project employee may not be considered regular, notwithstanding the one-year duration
of employment in the project or phase thereof or the one-year duration of two or more
employments in the same project or phase of the project.

The completion of the project or any phase thereof is determined on the date originally agreed
upon or the date indicated in the contract or, if the same is extended, the date of termination
of project extension.

b) If the project or the phase of the project the employee is working on has not yet been
completed and his services are terminated without just cause or authorized cause and there is
no showing that his services are unsatisfactory, the project employee is entitled to reinstatement
with backwages to his former position or substantially equivalent position. If the reinstatement
is no longer possible, the employee is entitled to his salaries for the unexpired portion of the
agreement,

*Project employees not entitled to separation pay. The project employees contemplated by
paragraph 2.1 hereof are not by law entitled to separation pay if their services are terminated
as a result of the completion of the project or any phase thereof in which they are employed.
Likewise, project employees whose services are terminated because they have no more work to
do or their services are no longer needed in the particular phase of the project are not by law
entitled to separation pay.

9. What are the 3 Types of Non-Project Employees?

Types of non-project employees. - Generally, there are three (3) types of nonproject employees:
first, probationary employees; second, regular employees; and third, casual employees.
 (a) Probationary employees are those who, upon the completion of the probationary period, are
entitled to regularization. Upon their engagement, probationary employees should be informed of the
reasonable standards under which they will qualify as regular employees.

(b) Regular employees are those appointed as such or those who have completed the probationary
period or those appointed to fill up regular positions vacated as a result of death, retirement, resignation
or termination of employment of the regular holders thereof.

(c) Casual employees are those employed to perform work not related to the main line of business of
the employer. Casual employees who are employed for at least one year, whether continuous or broken,
shall be considered regular with respect to the activity in which they are employed and their employment
shall continue for as long as such activity exists, unless the employment is terminated sooner by the
employer for a just or authorized cause, or voluntarily by the employee.

10. What is the ARTICLE 280 OF THE LABOR CODE? What are its provisions?

Art. 280. Regular and casual employment. The provisions of written agreement to the contrary
notwithstanding and regardless of the oral agreement of the parties, an employment shall be deemed to
be regular where the employee has been engaged to perform activities which are usually necessary or
desirable in the usual business or trade of the employer, except where the employment has been fixed for
a specific project or undertaking the completion or termination of which has been determined at the time
of the engagement of the employee or where the work or service to be performed is seasonal in nature and
the employment is for the duration of the season.

An employment shall be deemed to be casual if it is not covered by the preceding paragraph: Provided,
that any employee who has rendered at least one year of service, whether such service is continuous or
broken, shall be considered a regular employee with respect to the activity in which he is employed and his
employment shall continue while such activity exists.