AN ACT STRENGTHENING

COMPLIANCE WITH
OCCUPATIONAL SAFETY AND
HEALTH STANDARDS AND
PROVIDING PENALTIES FOR
VIOLATION
IRR RA. 11058
Presented by: FACTURAN, JHON KARL
COVERAGE
This Act shall apply to all establishments, and projects
site including the Philippine Economic Zone Authority
(PEZA) establishment, and all other places where work
is being undertaken in all branches of economic activity,
except in the public sector.
THE DEFINITION
IRR RA. 11058
Presented by: FACTURAN, JHON KARL
With the enactment of Republic Act No. 11058, Filipino workers are given better protection
in the workplace. This law ensures safer workplaces by requiring employers to provide
complete safe work procedures, information about work-related hazards, safety, health
training, and protective equipment.

Workers are also encouraged to understand better the risks that come with their
occupations, to know that they have the right to refuse unsafe work, report accidents, and
participate in their employer's safety and health program.
What Establishments are Covered by the Law?

The law covers all establishments, projects, sites,

including Philippine Economic Zone Authority
establishments, and all other place where work is being
undertaken in all branches of economic activity, except
the public sector.
 What Establishments are Covered by the Law?

The rules implementing the law (the “IRR”) explicitly mention:

(a) Establishments located inside special economic zones and other investment promotion
agencies;

(b) Utilities engaged in air, sea, and land transportation; and

(c) Industries such as mining, fishing, construction, agriculture, and maritime.

The rules also cover contractors and subcontractors, including those engaged in the projects of
the public sector.
Workplace refers to any site or location
where workers need to be or to go to
by reason of their work, and which are
under the direct or indirect control of
employer.
What is a Covered Workplace?

The law defines a covered workplace as establishments, projects,

sites and all other places where work is being undertaken wherein
the number of employees, nature of operations, and risk or hazard
involved in the business, as determined by the Secretary of Labor
and Employment, require compliance with the provisions of the
law.
What is a Covered Workplace?
There are three levels of establishments. These are High Risk
Establishments, Medium Risk Establishments and Low Risk
Establishments. A High Risk Establishment is a workplace wherein the
presence of hazard or potential hazard within the company may affect
the safety and/or health of workers not only within but also persons
outside the premises of the workplace
What is a Covered Workplace?

With a high level of exposure to safety and health hazards, and

probability of a major accident resulting to disability or death or major
illness is likely to occur if no preventive or control measures are in place.
What is a Covered Workplace?

Medium Risk Establishments are those workplaces where there is

moderate exposure to safety and health hazards, while Low Risk
Establishments are those with a low level of danger.
DUTIES OF EMPLOYERS, WORKERS
AND OTHER PERSONS

Every employer, contractor or

subcontractor, if any, and if any
person who manages, controls and
supervises the work being undertaken
shall;
 1 2
Furnish the workers' place of Give complete job safety
employment free from hazardous instructions or orientation to all
conditions that are causing or are the workers, especially to those
likely to cause death, illness or entering the job for the first time,
physical harm to workers; including those relating to
familiarization with their work
environment.
 3 4
Inform the workers of the
hazards associated with their USE ONLY APPROVED
work, health risks, involved or DEVICES AND EQUIPMENT
to which they to eliminate or FOR THE WORKPLACE;
minimize the risks, and steps
to be taken in cases of
emergency;
 5 6 7
Comply with the OSH Allow workers and their Provide, where necessary,
standards including safety and health measures to deal with
training, medical representatives to participate emergencies including
examination, and where actively in the process of
first-aid arrangement.
necessary, provision of organizing, planning,
implementing, and evaluating
protective and safety
the safety and health program
devices such as personal
to improve safety and health
equipment (PPE) and
in the workplace;
machine guards;
On the other hand, employees are required to
take part in ensuring that OSH standards are
followed in the workplace. The employee must
utilize all safety precautions and equipment
provided for their protection and the protection
of others, and they must follow all instructions to
avoid workplace accidents or dangerous
situations. Additionally, employees are urged to
notify the manager of any workplace hazards
they may find.
All establishments, projects, sites, and all
other places where work is being undertaken
shall have safety signage and devices to
warn the workers and the public of the
hazards in the workplace. Safety signage
and devices shall be posted in prominent
positions at strategic locations in a language
with the standards set by the DOLE.
WORKERS' RIGHT
IRR RA. 11058
Presented by: FACTURAN, JHON KARL
WORKERS' RIGHT TO KNOW
The right to safety and health at work shall be
guaranteed. All workers shall be appropriately
informed by the employer about all types of hazards
in the workplace, and provide access to training and
education on chemical safety and to orientation on
data sheet of chemical safety, electrical safety,
mechanical safety, and ergonomical safety.
WORKERS' RIGHT TO REFUSE
UNSAFE WORK
The worker has the rigth of refusal to work without
threat or reprisal from the employer if, as
determined by the DOLE, an imminent danger
situation exists the workplace that may result to
illness, injury, or death, and corrective actions to
eliminate the danger have not been undertaken by
the employer.
WORKERS' RIGHT TO REPORT
ACCIDENTS
Worker and thier representatives shall have the
right to report accidents, dangerous, occurrences,
and hazards to employer, to the DOLE, and to
other concerned government agencies exercising
jurisdiction as the competent authority in the
specific industry or ergonomic activity.
OCCUPATIONAL SAFETY
HEALTH (OSH) PROGRAM
IRR RA. 11058
Presented by: FACTURAN, JHON KARL
Occupational Safety Health (OSH) Program
The law requires employers to have an Occupational Safety Health
(OSH) Program with the following guidelines or information: a
commitment to comply with OSH requirements, general health and
safety guidelines related to drugs and illness control, details of company
projects, the composition of the OSH committee, the safety personnel
and facilities, safety training and education, accident reporting, worker
wellness, emergency preparedness , waste management systems and
prohibited acts. Such program is subject to the approval of the DOLE.
Occupational Safety Health (OSH) Program
To ensure the enforcement of the OSH Program, employers are required to
have an OSH Committee. The committee shall be composed of a
representative of the employer as the chairperson, the respective safety
officers of the company, contractors and subcontractors, health personnel if
applicable, and representatives from the workers. Along with the OSH
Committee, Safety Officers help ensure that the OSH program is followed,
these officers ensure overall management of the OSH program and assist
government agencies in the conduct of inspections and issue work stoppages
when necessary.
Occupational Safety Health (OSH) Program
All covered workplaces shall have qualified occupational health personnel
such as physicians, nurses, certified first-aiders, and dentists duly
complemented with the required medical supplies, equipment and
facilities. The number of health personnel, equipment and facilities. The
number of health personnel, equipment and facilities, and the amount of
supplies shall be proportionate to the total number of workers and the risk
of hazard involved, the ideal ratio of which shall be prescribed by the
DOLE.
Occupational Safety Health (OSH) Program
Consistent with the Labor Code, the Secretary of Labor and Employment
(SOLE) is given visitorial powers to ensure compliance with RA 11058.
The SOLE is also given the power to delegate to a competent government
authority the conduct of industrial safety inspections. The employer,
project owner, general contractor, contractor or subcontractor, if any, and
any person who manages, controls or supervises the work being
undertaken are jointly and solidarily liable for such compliance.
 A. Statement of commitment to comply with
OCCUPATIONAL OSH requirements;
AND HEALTH
PROGRAM B. General safety and health, including a drug-
free workplace;

C. HIV and AIDS/tuberculosis/ hepatitis

prevention and control;

D. Company or project details

 E. Composition and duties of the safety and
OCCUPATIONAL health committee;
AND HEALTH
PROGRAM F. Occupational safety and health personnel and
facilities;

G. Safety and health promotion, training and

education;

H. Conduct of toolbox meeting;

 I. Accident/incident/illness investigation,
OCCUPATIONAL recording, and reporting;

AND HEALTH J. Provision and use of PPE

PROGRAM
K. Provision of safety signage;

L. Dust control and management, and regulations

on activities such as building temporary
structures, and lifting and operation of electrical,
mechanical, and communications systems and
equipment;
OCCUPATIONAL M. Provision of workers' welfare facilities
AND HEALTH
PROGRAM N. Emergency preparedness and response plan

O. Waste management system

P. Prohibited acts and penalties for violations.

PUNISHABLE ACTS
IRR RA. 11058
Presented by: FACTURAN, JHON KARL
The legislation also establishes forbidden behaviors that are subject to sanctions.
These include purposeful disregard for OSH standards or instructions from the
SOLE by the employer, contractor, or subcontractor, which may include hiding or
assisting such disregard.

Administrative punishments are also enforced for persistently blocking, delaying,

or refusing to allow the SOLA access to the workplace, lying about conformity
with OSH requirements, and retaliating against employees who disclose
information about SOLE inspections.
 The law passed by Congress formally recognizes worker rights in specific
industries. This legislation aids in ensuring that the constitutional policy to
support labor is upheld, particularly when an employer's line of activity may put
employees in danger. The safety of these workers can be guaranteed by the law
with tougher standards and more authority to enforce the same.
PROHIBITED ACTS
A. Willful failure or refusal of an employer, contractor or subcontractor to comply with the
required OSH standards or with a compliance order issued by the Sec. of Labor and
Employment or by the Sec.'s authorized representative shall make sure employer,
contractor or subcontractor liable for an administrative fine not exceeding Php100T per
day until the violated is corrected, counted from the date the employer or contractor is
notified of the violation or the date the compliance order is duly served on the employer.
The amount of fine imposed shall depend upon the frequency or gravity of the violation
committed or the damage caused; Provided, however, that the maximum amount shall be
imposed only when the violation exposes to a risk of death, serious injury or serious
illness.
PROHIBITED ACTS
B. An employer, contractor or subcontractor who willfully fails or refuses to comply with
the required OSH standards, or with a duly issued compliance order, and engages in any of
the following acts to aid, conceal or facilities such non compliance shall be liable for a
maximum of Php100T administrative fine separate from the daily fine imposed above.
EMPLOYER'S RESPONSIBILITY
AND LIABILITY
The employer, project owner, general
contractor, contractor, or subcontractor,
if any, and any person who manages,
controls, or supervises the work being
undertaken shall be jointly and
solidarity liable for compliance with
this Act.
 THANK YOU
FOR LISTENING !!!

Prepared by:
FACTURAN, JHON KARL C.
5AR - 1 / BU5