Construction Safety and Health - SPECS - October2016

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Department MasterNo.
title19
style
– 93
April 1, 1993
Guidelines Governing the

Employment of Workers in
the Construction Industry
1
Classification of Employees in
Click to edit Master title style
Construction
• Project employees – employed in
connection with a particular construction
project or phase thereof and whose
employment is co-terminus with each
project or phase of the project to which
they are assigned
2
Indicators of Project
Employment
1. The duration of the specified/ identified
undertaking for which the worker is
engaged is reasonably determined (a
“day certain”).
2. Such duration, as well as the specific
work/ service to be performed, is defined
in an employment agreement and is
made clear to the employee at the time of
hiring.
3
A edit
Click to “dayMaster
certain”
title style
• A “day” is understood to be that which
must necessarily come, although it may
not be known exactly when. This means
that where the final date of completion of
a project or a phase thereof is in fact
determinable and the expected completion
is made known to the employee, then he is
a project employee.
4
Employment
3. The work/ service performed by the
employee is in connection with the
particular project/ undertaking for which he
is engaged.
4. The employee, while not employed and
awaiting engagement, is free to offer his
services to any other employer.
5
Employment
5. Termination of employment of project
employees are reported to DOLE.
6. An undertaking in the employment

contract by the employer to pay completion
bonus to the project employee.
6
Project Completion and
Rehiring of Workers
1. The completion of a phase of the project
is considered the completion of the project
for an employee employed in the phase.
Those employed in another phase are no
separated at the same time.
2. Upon completion of the project, or a
phase thereof, the project employee could
be hired for another undertaking.
7
Click to edit Master
Completion of the title style
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 the project
extension.
• Project employees are not entitled to
separation pay.
8
Classification of Employees in
Construction
• Non-project employees – employed

without reference to any particular
construction project or phase of a project
9
Clickof
Types toNon-project
edit Master Employees
title style
• Probationary employees – upon
completion of the probationary period, are
entitled to regularization
• Regular employees – completed the
probationary period and are occupying
regular positions
• Casual employees – employed to perform
work not related to the main line of
business of the employer
10
Click to editand
Contracting Master title style
Subcontracting
• Contracting and sub-contracting – job

contracting is permissible and recognized
by law, the construction workers are
generally considered as the employees of
the contractor or sub-contractor
11
Click Statutory
to edit Master title style
Benefits
• During the period of their employment, the

construction employees, whether project
or non-project shall enjoy all the benefits
due to them under the law, both monetary
and non-monetary.
12
ClickPayment
by Results
• Where the payment for work or services

rendered is by results, e.g. 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.
13
Click CONSTRUCTION
HEALTH and SAFETY
14
ClickOSH LEGISLATIONS
DO 13 –
Book IV, Title I – Medical, Occupational Safety and Guidelines
Dental and Occupational Health Standards Governing
Safety (OSHS)1978 Safety and
Health in the
Construction
Industry
15
DEPARTMENT OF LABOR AND EMPLOYMENT
2011
No. of Violations on:

Total
No
Establish With OSHS
Establishment Violati
ment Violation Safety
on Rule Rule First
Inspected CSHP Officer Others
1020 1040 Aider
(SO)
Construction
Projects 174 2 172 524 402 74 174 35 447
16
MOA signed : April 7, 2011
JAO signed : April 29, 2011
17
Strengthen enforcement of D.O.13, s.1998
Decentralization of the approval of the
Construction Safety and Health Program
(CSHP) from BWC to the DOLE-ROs
 ROs undertake site assessment for
verification of compliance with D.O. 13
s.1998
 Refer LS violations to PCAB pursuant to
R.A. 4566 (Contractors’ Licensing Law)
18
 Issued NBC-MC No. 2 s2011
 Instructing all local Building
Officials to require the submission
of a DOLE-approved Construction
Safety and Health Program (CSHP)
prior to the issuance of building
permit
 Adherence to DPWH DO 56 - 2005
19
PCAB Resolutions – COSH training
Click to edit Master title
for AMOs, 2-day AMO seminar,
style
COSH for STEs and Regular Position
for Safety Officers for AAA
20
 Assist DOLE in the development of a
comprehensive safety & health training
course
 Offer a safety & health orientation/
seminar
 Develop and institutionalize data
management system
 Conducts 1-day safety orientation/
seminar for construction workers
(Tagalog version) and 2-day safety and
health orientation of AMOs 21
1-Day Construction Workers
Safety and Health Course
• CMDF’s recognized training partners:
DMCTTC, PCA Metro, ASHTOP, ACIW-
Davao
22
 Issue a directive to the LGUs

reiterating the requirements of
DOLE-D.O. 13, D.O. 18 and
Rule 1020 of the OSHS and
the licensing requirements of
the DTI-PCAB pursuant to
DILG
MC 2004-65and 65A
23
 Provide technical assistance

in the conduct of safety
monitoring at the worksite,
through its Regulatory Boards
and in coordination with the
Local Building Officials and
DOLE Regional Offices
24
SALIENT FEATURES OF
DEPARTMENT ORDER NO. 13, series of 1998
– Section 1: Definition of terms

25 terms as used in the guidelines were defined in order
to clarify their meaning and to distinguish them from
similar terms as defined in other issuances
– Section 2: Jurisdiction
The Secretary of the Department of Labor and
Employment, by virtue of Article 162 of the Labor Code
of the Philippines, has the authority to issue
appropriate laws related to the administration and
enforcement of occupational safety and health in the
Philippines
25
– Section 3: Delegation of Authority

DOLE has the power to delegate some enforcement powers
to other government agencies and to private
organizations provided that they have adequate
personnel and facilities (These cover Technical Safety
Inspections)
– Section 4: Coverage
The guidelines shall apply to all construction activities,
including demolition, whether owned by the private or
the government sector
26
– Section 5: Construction Safety and Health Program

Before the start of the actual construction, the construction
project manager shall prepare and submit to DOLE a
comprehensive construction safety and health program
(for approval of the DOLE Regional Office) which shall
include, but not limited to:
• Composition of the construction safety and health
committee
• Specific H&S policies within the construction site
• Penalties for violation
• Training of workers
• Waste disposal
• Other requirements of D.O. No. 13, series of 1998
27
28
– Section 6: Personal Protective Equipment

All employers must provide personal protective equipment
for all employees needing such equipment. All other
persons entering the construction site must wear the
necessary protective equipment.
29
– Section 7: Safety Personnel

A means of coordination was established
wherein the main or general contractor
shall have over-all management and
coordination of all safety and health
officers/personnel working within the
construction site. All full-time safety
and health personnel must be
accredited by DOLE.
30
- Section 7. Safety Personnel
A general Constructor must provide for
1. a full-time officer, who shall be assigned as the
general construction safety and health officer to
oversee full time the overall management of the
Construction Safety and Health Program.
2. additional Construction Safety and Health
Officer/s in accordance with the requirements for
Safety Officer of Rule 1033, depending on the
total number of personnel assigned to the
construction project site.
31
3. one (1) Construction Safety and Health Officer for every

ten (10) units of heavy equipment assigned to the project
site, to oversee the effective compliance with the
Construction Safety and Health Program at the
construction project site, in terms of heavy equipment
utilization and maintenance.
Each construction subcontractor must provide for a

representative, who shall have the same qualifications as
a Safety Officer, to oversee the management of the CSHP
for the subcontractor’s workforce and specific area of
work operations in accordance with the requirements of
Rule 1033 of the OSHS.
32
Safety Personnel
Number of Workers Safety Personnel
1 - 50 1 part-time Safetyman
51 - 200 1 full-time Safetyman
201 – 250 1 full-time and 1 part-time
Safetymen
Every additional 500 or 1 additional full-time
fraction thereof Safetyman
1 Safetyman for every 10 units of heavy equipment
33
- Section 8: Emergency Occupational Health Personnel and

Facilities
The same provisions of the existing Occupational Safety
and Health Standards(OSHS) is reiterated. The provision
for an emergency health provider was allowed. All other
requirement such as emergency medicines, supplies,
equipment and facilities shall conform with the OSHS.
34
Occupational Health Personnel
Number of Workers OH Personnel
50 or less
51 to 200
201 to 300
more than 300
35
Occupational Health Facilities
Per 100 workers in excess of

300
Within 5 kms. Or 25 min. of

travel
Emergency Health Provider
36
– Section 9: Construction Safety Signages
Mandatory provision of safety and warning
signs are reiterated not only for the
protection of workers, but also the public WARNING: Hazardous
in general. Signs should conform with Area. All personnel
must wear protective
the standard requirements of the OSHS. equipment before entry
 Usage of PPE
 Falling/ falling objects
 Explosives and flammable substances
 Tripping or slipping hazards
 Toxic or irritant airborne contaminants/substances
 Electrical facility
 Dangerous moving parts of machines
 Fire alarms/ fire fighting
 Instructional signs/ Update of man-hours lost
37
– Section 10: Safety on Construction Heavy Equipment
A specific guide for testing, transport, erection and
maintenance of heavy equipment is formulated. All heavy
equipment operators must be tested and certified by
TESDA, while heavy equipment shall be tested by DOLE
recognized association/organizations.
Daily routine inspection to be conducted by duly certified

mechanics/ operators, routine inspection by DOLE
accredited professionals.
Maintenance of a separate construction logbook for each
equipment
38
- Section 11. Construction Safety and Health Committee
– Each site shall, at the start of the construction have a
construction safety and health committee composed of the
following personnel
• Project Manager or his representative as the chairperson
• General Construction Safety and Health Officer;
• Safety representative/SO from each subcontractor;
• Doctors, Nurses and other Health personnel;
• Workers’ representatives (minimum of 3, union members if
organized, not necessarily from one employer)
– Each subcontractor shall have its own safety and health
committee based on the existing requirements of the OSHS.
39
- Section 12: Safety and Health Information
A detailed safety and health information system is
included in the guidelines. These include orientation,
instructions, and training for workers; means of
conveying safety related information to all workers
and specialized instructions and trainings for
specialty workers and operators.
No person shall be deployed unless he has undergone a
OSH awareness seminar conducted by OSHC,BWC,
ROs and STOs.
40
- Section 13: Construction Safety and Health Training

All safety personnel assigned within the
construction site are required to
undergo the basic construction safety
training course prescribed by the
Bureau of Working Conditions.
Continuing training for all full-time
safety personnel shall also be a
responsibility of each constructor.
41
- Section 14: Construction Safety and Health Reports
The monthly submission of summary
reports to DOLE is required. The
summary reports shall include safety
committee meeting agreements,
accident investigation reports, and
hazard assessments with
corresponding remedial
action/measures required.
Notification of major accidents to DOLE

within 24 hours
42
– Section 15: Construction Worker’s Skills

A Skills certificate shall be required for construction
related occupations which have been classified as
“Critical Occupations” by TESDA.
An occupational shall be considered as critical –
 When it may affect and endanger people’s lives and limbs
 When it involves the handling of hazardous tools, equipment,
supplies
 When it requires a relatively long period of education and
training
 When the performance of the job may compromise the safety,
health and environment concerns within the immediate vicinity
of the construction site.
43
– Section 16: Worker’s Welfare Facilities

The employer shall provide for adequate supply of safe
drinking water, adequate sanitary and washing facilities
in order to ensure humane conditions of work.
– Section 17: Cost of Construction Safety and Health Program

The total cost of the Construction Safety and Health
Program Shall be a mandatory integral part of the
construction project. It shall be treated as a separate pay
item and reflected in the project’s bid tender documents.
44
– Section 18: Miscellaneous: All provisions of other existing
OSH guidelines not specifically provided herein shall remain
in full force and effect.
– Section 19: Violations and Penalties

Violations committed by constructors as determined by
DOLE after due process shall be considered as prima
facie case of a construction mal-performance of grave
consequence under RA 4566 as amended and pertinent
IRR.
In cases of imminent danger situations, the
procedures/requirements of the OSHS and DOLE
regulations shall be applied.
45
– Section 20: Effectivity

The Guidelines shall be immediately effective, that is, 15
days after publication in newspapers of general
circulation, as provided in Article 5 of the Labor Code.
D.O. No. 13, s.1998 was signed on July 23, 1998 and
published on August 1, 1998 in the Philippine Daily
Inquirer and on August 3, 1998 in People’s Tonight
46
Occupational Injuries: 2010
13%
8%
4%
7% 59%
9%
Manufacturing
Wholesale/Retail
Hotels/Restaurants
Transport/Communication
Construction
Others
Source: 2010 OIS of the BITS
47
2% 8%
6%
5%
3%
50%
5%
6%
7%
8%
Manufacturing
Wholesale/Retail
Hotels/Restaurants
Agriculture
Administrative/ Support Services
Education
Construction
Electricity, Gas and Water Supply
Others Source: 2013 OIS of the BITS
48
8%
4%
3%
2%
5%
50%
6%
9%
13%
Manufacturing
Wholesale/Retail
Hotels/Restaurants
Agriculture
Administrative/ Support Services
Education
Construction
Others
49
2015 - released BLES Integrated Survey (BITS) –
Click to34,579
1,042 of edit Master title (3.0%)
establishments style
Preventive and control measures
 Organized safety and health committee – 83.0%
 Appointed safety/ health officers and/or first-aiders –
93.1%
 Posting of safety signages or warnings – 98.3%
 Workers’ orientation on safety and health hazards at work
– 98.2%
 Installation of machine guards on moving parts/
equipment – 80.5%
 Emergency preparedness program/ activities – 68.8%
 Regular monitoring and control of safety/ health hazards
in work areas – 74.8%
50
Click to edit Master title
style
 Dissemination of info materials on safety and health –
84.8%
 Submission of required reports on illness/injury to DOLE –
46.1%
 Training on safety and health for officers and workers –
88.0%
 HIV and AIDS education in the workplace – 47.9%
 Regular inspection and maintenance of
equipment – 88.9%
 Advocacy, education and training on drug-free
workplace – 66.0%
51
Click toand
Preventive editcontrol
Master title style
measures
 Provision of work accommodation measures to support
workers with tuberculosis – 54.7%
 Smoke-free workplace – 74.6%
 Periodic/annual medical exam of workers – 49.8%
 Hepatitis B education in the workplace – 38.8%
 Practice proper handling of chemicals/ hazardous
materials – 54.1%
 Use of safety manuals, labels or maintenance
procedures – 86.3%
 Use of Safety Data Sheet for chemicals – 27.2%
52
 Perform corrective action and audits – 73.3%
 Maintenance of mechanical and electrical
facilities – 87.0%
 Provision of appropriate personal protective
equipment – 95.9%
 Adoption of DOTS (Directly Observed Treatment Short
Course) in management or referral of workers with
tuberculosis – 32.7%
 Random drug testing of officers and employees – 55.1%
 Others – 0.9%
53
OSH Policy/Program
 Accident prevention – 78.9%
 Emergency response preparedness – 62.0%
 Tuberculosis prevention and control – 36.7%
 Accident investigation – 70.5%
 HIV and AIDS prevention and control – 33.7%
 Indoor air quality – 34.2%
 Drug-free workplace – 68.1%
 Employee assistance related to substance abuse – 31.2%
 Hepatitis B prevention and control – 37.4%
 Ergonomics – 17.4%
 Anti-sexual harassment – 47.7%
 Chemical safety – 35.6%
 Others – 0.09% Source: 2015 OIS of the BITS
54
Summary Report on Construction Industry
(as of Dec. 11, 2015 covering the period from January 1, 2015 to
December 11, 2015)
Number of Number of Compliance
Compliance Indicator Establishmen Establishmen Rate
ts w/ ts Compliant* (in
Deficiencies percentage)
Total Establishments covered 3505
With Violations on OSHS 1886 2664 76.01%
Registration of 841 3444 98.26%
Establishments
Adequate Aisles/Passageways 61 3332 95.06%
Good Housekeeping 173 3458 98.66%
Emergency Exits 47 3413 97.38%
Materials Handling and 92 3453 98.52%
Storage
Water Disposal System 52 3484 99.40%
Adequate Lighting 21 3490 99.57%
Noise Pollution Control 15 3494 99.69%
Proper Ventilation 11 3494 99.69% 55
Click to edit Master
Number of titleofstyle
Number Compliance
Radiation Exposure Control 11 3475 99.14%
Airborne Contaminant Control 30 3117 88.93%
Personal Protective 388 3279 93.55%
Equipment
Fire Protection 226 3473 99.09%
Equipment/Facilities
Provide Machine Guarding 32 3499 99.83%
Proper Office Spacing 6 3405 97.15%
No Imminent Danger Situation 100 3458 98.66%
Personal Facilities 47 2774 79.14%
Safety and Health 731 2644 75.44%
Organization
Health Personnel 861 3392 96.78%
Medical Facilities 113 3226 92.04%
Emergency Medicines 279 3381 96.46% 56
Compliance Indicator Establishmen Establishmen
ts w/ ts Compliant*
Rate
(in
Continuing training related to 124 2468 70.41%
Occupational Health and Safety
Administrative Reports on 1037 2841 81.06%
Health and Safety
a. Minutes of Meeting of HSC 664 2866 81.77%
b. Employee's Work 639 2569 73.30%
Accident/Illness Exposure Data
c. Annual Work 936 2605 74.32%
Accident/Illness Exposure Data
d. Annual Medical Report 900 2924 83.42%
DOLE Approved Construction 581 3239 92.41%
of Safety and Health Program
Construction Safety 266 3281 93.61%
Signages
Construction Heavy 224 3285 93.72%
Equipment (CHE) Testing
57
Compliance Indicator Establishment Establishmen Rate
Click to edit Master title style s w/ ts Compliant* (in
Construction Heavy 220 3287 93.78%
Equipment Operator TESDA
Certified
Construction Worker's Skills 218 2590 73.89%
Certificate for Critical
Occupations
Guidelines for the 915 2587 73.81%
Implementation of a Drug-Free
Workplace Policies and
Programs
Implementation of HIV and AIDS
Prevention and Control in the
Workplace Program
Implementation of a Workplace
Policy and Program on Hepatitis 58
B
Compliance Indicator Establishmen Establishmen
ts w/ ts Compliant*
Rate
(in
Implementation of Policy and
Program on Tuberculosis
Prevention and Control in the
Workplace
Work Environment Measurment 5 2659 75.86%
a. First Aider 846 3411 97.32%
b. Nurse 94 3477 99.20%
c. Physician 28 3492 99.63%
d. Dentist 13 3479 99.26%
a. Separate Toilet 26 3474 99.12%
b. Supply Of Potable Water 31 3484 99.40%
c. Washing Facilities 21 3412 97.35%
a. Treatment Room 93 3485 99.43%
b. Clinic 20 3493 99.66%
c. Hospital 12 2837 80.94%
59

Safety Personnel 668 2847 81.23%
a. Safety Officer 658 3446 98.32%
b. Safety Practitioner 59 2664 83.82%
Registration with Philippine 567 3444 76.01%
Contractors Accreditation
Board (PCAB)
60
Enforcement is one response
but not the only response!
61
Voluntary
compliance
is
still
the
BEST!
62

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Guidelines Governing the

6. An undertaking in the employment

• The completion of the project or any phase

• Non-project employees – employed

• Contracting and sub-contracting – job

• During the period of their employment, the

• Where the payment for work or services

No. of Violations on:

 Issue a directive to the LGUs

 Provide technical assistance

– Section 1: Definition of terms

– Section 3: Delegation of Authority

– Section 5: Construction Safety and Health Program

– Section 6: Personal Protective Equipment

– Section 7: Safety Personnel

3. one (1) Construction Safety and Health Officer for every

Each construction subcontractor must provide for a

Number of Workers Safety Personnel

1 Safetyman for every 10 units of heavy equipment

- Section 8: Emergency Occupational Health Personnel and

Number of Workers OH Personnel

more than 300

Per 100 workers in excess of

Within 5 kms. Or 25 min. of

Emergency Health Provider

Daily routine inspection to be conducted by duly certified

- Section 13: Construction Safety and Health Training

Notification of major accidents to DOLE

– Section 15: Construction Worker’s Skills

– Section 16: Worker’s Welfare Facilities

– Section 17: Cost of Construction Safety and Health Program

– Section 19: Violations and Penalties

– Section 20: Effectivity

Number of Number of Compliance

Enforcement is one response

but not the only response!

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