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Department MasterNo.
title19
style
– 93
April 1, 1993

Guidelines Governing the

Employment of Workers in
the Construction Industry

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 Classification of Employees in
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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

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 Indicators of Project
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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.

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“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.

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 Indicators of Project
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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.

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 Indicators of Project
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Employment
5. Normally, less and less project
employees are required as the project
draws closer to completion
6. Termination of employment of project
employees are reported to DOLE.
7 Upon completion of the project, or a
phase thereof, the project employee could
be hired for another undertaking.
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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.

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 Classification of Employees in
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Construction

• Non-project employees – employed

without reference to any particular
construction project or phase of a project

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 ClickoftoNon-project
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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
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• Contracting and sub-contracting – job

contracting is permissible, the construction
workers are generally considered as the
employees of the contractor or sub-
contractor

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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.

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 ClickPayment
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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.

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ClickCONSTRUCTION
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HEALTH and SAFETY

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 OSH
Click LEGISLATIONS
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DO 13 –
Book IV, Title I – Medical, Occupational Safety and Guidelines
Dental and Occupational Health Standards Governing
Safety (Renumbered) (OSHS)1978 Safety and
Health in the
Construction
Industry
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 DEPARTMENT OF LABOR AND EMPLOYMENT
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2011
No. of Violations on:
Total OSHS
No
Establish With
Establishment Violati Safety
ment Violation Rule Rule First
on CSHP Officer Others
Inspected 1020 1040 Aider
(SO)
Construction
Projects 174 2 172 524 402 74 174 35 447

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MOA signed : April 7, 2011
JAO signed : April 29, 2011

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 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)
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 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

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 PCAB Resolutions – COSH training
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for AMOs, 2-day AMO seminar,
style
COSH for STEs and Regular Position
for Safety Officers for AAA

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  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
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 1-Day Construction Workers
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Safety and Health Course
• CMDF’s recognized training partners:
DMCTTC, PCA Metro, ASHTOP, ACIW-
Davao

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 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
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 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
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 SALIENT FEATURES OF
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DEPARTMENT Master
ORDER NO. 13,title
seriesstyle
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
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– 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

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– 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
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– 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.

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– 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.

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- 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.

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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.

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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

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- 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.

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Occupational Health Personnel

Number of Workers OH Personnel

50 or less

51 to 200

201 to 300

more than 300

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Occupational Health Facilities

Per 100 workers in excess of

300

Within 5 kms. Or 25 min. of

travel

Emergency Health Provider

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– 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
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– 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
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- 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.

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- 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.

IRS T
T Y F
AF E
S
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- 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.

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- 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

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– 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.

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– 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.

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– 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.

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– 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

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 AN ACT STRENGTHENING
COMPLIANCE
WITH OCCUPATIONAL SAFETY
AND
HEALTH STANDARDS AND
PROVIDING
PENALTIES FOR VIOLATIONS
THEREOF
(RA 11058) and IRR (DOLE DO 198 –
18)
PROHIBITED ACTS AND ITS
CORRESPONDING PENALTIES
Willful failure or refusal of an employer, contractor or
subcontractor to comply with the following OSH standards or
with a compliance order issued by the Secretary of Labor and
Employment or his/her authorized representative shall be
imposed with the following penalties:
 
Registration of establishment to DOLE ₱20,000.00
Provision of job safety instruction or orientation prior to work ₱20,000.00
Provide worker’s training (first aid, mandatory workers training, ₱25,000.00
mandatory OSH training for safety officers and health personnel)
Provision of safety signage and devices ₱30,000.00

Provision of medical supplies, equipment and facilities ₱30,000.00

Submission of reportorial requirements as prescribed by OSH ₱30,000.00

standards
PROHIBITED ACTS AND ITS
CORRESPONDING PENALTIES
Provision of safety officer and/or OH personnel ₱40,000.00
Provision of certified personnel or professionals required by OSH ₱40,000.00
standards
Establishment of a safety and health committee ₱40,000.00
Formulation and implementation of a comprehensive safety and  
health program
₱40,000.00
Provide information on hazards and risk (absence of chemical safety  
data sheet, no written SOP in materials handling, lifting etc., no
permitting system for confined spaces/hot works, no lock-out/tag-out ₱40,000.00
system etc.)
Provide sanitary and welfare facilities ₱40,000.00
Use of approved or certified devices and equipment for the task ₱50,000.00
Provision of PPE or charging of provided PPE to workers ₱50,000.00
Compliance with DOLE issued WSO ₱50,000.00
Compliance to other OSH standards ₱40,000.00
PROHIBITED ACTS AND ITS
CORRESPONDING PENALTIES
If any of the following acts is present and there is non-compliance, this shall merit
the imposition of one hundred thousand pesos (₱100,000.00) administrative fine
separate and in addition to the daily administrative fine imposed above:
1.Repeated obstruction, delay or refusal to provide the Secretary of Labor and
Employment or any of its authorized representatives access to the covered
workplace, or refusal to provide or allow access to relevant records and
documents or obstruct the conduct of investigation of any fact necessary in
determining compliance with OSH standards;
2.Misrepresentation in relation to adherence to OSH standards, knowing such
statement, report or record submitted to DOLE to be false in any material
aspect; 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.
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Enforcement is one response

but not the only response!

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Voluntary
compliance
is
still
the
BEST!
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Thank you.

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