PRACTICE

OCCUPATIONAL SAFETY
AND HEALTH POLICIES
AND PROCEDURES
PERFORM TASKS IN ACCORDANCE WITH
RELEVANT OSH POLICIES AND
PROCEDURES
Managing occupational safety and health compliance

Challenges of managing occupational safety and health compliance

The current European legislation on safety and health at work is influenced by the Scandinavian
tradition of regulating occupational safety and health and by the definition of the working
environment laid down in the international conventions of the International Labor
Organization. The European legislation is based on a dynamic, holistic and preventive concept
of safety and health at work, which obliges the employer to constantly improve for the benefit
of the workers

NON-COMPLIANCE WITH OCCUPATIONAL

SAFETY AND HEALTH STANDARDS

Aside from non-compliance
consequences See also:
DUTIES OF EMPLOYERS UNDER
REPUBLIC ACT NO. 11058 OR O
THERWISE KNOWN AS OCCUPA
TIONAL SAFETY AND HEALTH S
TANDARDS LAW
•Employers have the duty to furnish the workers a place of
employment free from hazardous conditions
•Workers have the right to refuse unsafe work
•An employer who fails or refuses to comply with Occupational
Safety and Health Standards may be liable for an administrative
fine of Php100,000.00 per day until the violation is corrected
 In view of the passage of Republic Act No. 11058 entitled "An Act Strengthening Compliance with
Occupational Safety and Health Standards and Providing Penalties for Violations thereof" was signed into
law by President Rodrigo Roa Duterte on 17 August 2018, while the IRR was approved and signed by
Secretary Silvestre H. Bello III on 06 December 2018.
•Republic Act No. 11058 - An Act Strengthening Compliance with Occupational Safety and Health Standard
s and Providing Penalties for Violations thereof (OSH Law)
•Department Order No. 198-18 Implementing Rules and Regulations of Republic Act No. 11058 Entitled "A
n Act Strengthening Compliance with Occupational Safety and Health Standards and Providing Penalties fo
r Violations thereof"
•Labor Advisory No. 04-19 Guide for Compliance of Establishments to DO 198-19
• Occupational Safety and Health Program Template
•OSH Training Courses for the Workers and Safety Officer 1 (SO1) Pursuant to RA 11058 and D.O. 198-18
•Mandatory 8-Hour Safety and Health Seminar for Workers (Pursuant to Section 16 (b) of RA 11058 and Se
ction 3 of DO 198-18) (to be conducted by Safety Officer)
•Prescribed Basic OSH Training Course for Safety Officer 1 (SO1) (Pursuant to Section 3 (n) of RA 11058 a
nd Section 3 (v) of DO 198-18)
•OSH Flyer
•Revised OSH Checklist
•OSH Learning Application
Mandatory laws should be complied with. Otherwise, one may be held liable for a fine and/or
imprisonment.

In our previous articles, the rights of workers as well as the

duties of employers under Republic Act No. 11058 or otherwise known as
Occupational Safety and Health Standards Law (OSH Law), were discussed. In a nutshell, employers
have the duty to furnish workers a place of employment free from hazardous conditions and
that the workers have the right to refuse unsafe work.
In case an employer failed or refused to comply with his or her duties under OSH Law, what is
the effect?
The law says:
Willful failure or refusal of an employer to comply with the required OSH standards or with a
compliance order shall make said employer liable for an administrative fine not exceeding
One Hundred Thousand Pesos (Php100,000.00) per day until the violation is corrected,
counted from the date the employer is notified of the violation or the date the compliance
order is duly served on the employer. However, the amount of fine to be imposed depends on
the frequency or gravity of the violation committed or damage caused. Take note that the
maximum amount shall be imposed only when the violation exposed a worker to a risk of
death, serious injury or serious illness.
Suppose an employer who willfully failed or refused to comply with OSH standards or with a
duly issued compliance order, engaged in any of the following acts
to aid, conceal or facilitate such non-compliance, said employer shall be liable for a maximum of
One Hundred Thousand Pesos (Php100,000.00) separate from the daily fine as mentioned
above:
1.Repeated obstruction, delay or refusal to provide the Secretary of Labor and Employment or any of its authorized
representatives access or refusal to provide or allow access to relevant records and documents or obstructs 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 the Department of Labor and Employment (DOLE) to be false in any material aspect;
3.Making retaliatory measures such as termination of employment, refusal to pay, reducing wages and benefits or in
any manner discriminates against any workers who has given information relative to the inspection being
conducted.

May an employer who willfully failed or refused to comply with the required OSH standards
be criminally liable?

The law says.

Yes.
In addition to the administrative fine, the employer may also be criminally or civilly liable
depending on the offenses the employer has committed.
Always bear in mind that the effect of non-compliance with OSH Law is also applicable to
contractors or subcontractors, and any person who manages, controls or supervises the
work being undertaken.
 PHILIPPINES OCCUPATIONAL SAFETY AND
HEALTH STANDARDS
The Occupational Safety and Health Standards
(OSH Standards), as amended in 1989 serves as
the country’s central legislation in promoting a
safe and healthy workplace for all working people
by protecting them against all hazards in their
work environment. On August 17, 2018 the OSH
Law was updated though Republic Act No. 11058,
An Act Strengthening Compliance with
Occupational Safety and Health Standards and
Providing Penalties for Violations Thereof. Its
corresponding Implementing Rules and
Regulations (IRR) was published on December 7,
2018 through Department Order No. 198. The
regulations or areas covered by 1989 OSH which
have not been revised by R.A. No. 11058 still
applies. In order to promote the safety and health
of workers, the policies and programs
implemented aim to be dynamic, inclusive, and
The Act applies to all establishments, projects,
sites, and other places where work is being
undertaken. This includes establishments located
inside special economic zones; utilities engaged in
air, sea, and land transportation; the mining,
fishing, construction, agriculture, and maritime
industries, among others; and contractors and
subcontractors engaged in projects of the public
sector. However, the OSH standards do not apply
to the public sector as they have their own set of
rules and regulations issued by the Civil Service
Commission and other government agencies.
Institutional Structures and Mechanisms

To effectively implement the OSH standards, the Secretary of Labor and Employment has the
authority to conduct annual spot audits to check for compliance. No person or entity shall
obstruct, impede, or delay the orders of the Secretary of Labor and Employment or their
representatives. The Secretary may also order the stoppage of work or suspension of
operations of any unit of an establishment when non-compliance with the law or IRR poses
grave and imminent danger to the health and safety of workers in the workplace.
Duties and Rights of Employers and Workers

Duties of Employers
1. Provide a place of employment for workers which is free from hazardous conditions that are causing or are
likely to cause death, illness, or physical harm to the workers.

2.Provide complete job safety instruction and proper orientation to all workers, including those relating to
familiarization with their work environment
.
3.Ensure that chemical, physical, and biological substances and agents and ergonomic and psychosocial
stressors do not pose a risk to health.

4.Use only approved specific industry set of standards of devices and equipment for the workplace.

5. Comply with OSH standards: training, medical examination, provisions on protective and safety devices (e.g.
PPE and machine guards). Training for workers includes health promotion, hazards associated with their work,
health risks involved or to which they are exposed to, preventive measures to eliminate or minimize risks, steps
to be taken in cases of emergency, and safety instruction for the jobs, activities, and tasks to be handled by
workers.
6. Involve workers in the process of organizing, planning, implementing, monitoring,
and evaluating the OSH management system.
7. Provide for trainings and drills, evacuation plans, etc., to deal with emergencies, fires,
and accidents including first-aid arrangements.
8. Comply with all reportorial requirements of the OSH standards.
9. Register establishment to DOLE (Department of Labor and Employment).
10.Install safety signage and devices in prominent positions and strategic locations, in a
language understandable to all, and in accordance with OSH standards on sign colors,
to warn workers and the public of hazards in the workplace
11.Have workers undergo appropriate training and certification as a requirement before
the use of heavy duty equipment.
12. Is liable for complying with OSH standards, including the penalties imposed for
violations.
13. In the case of a stoppage of work due to imminent danger as a result of the
employer’s fault, the affected workers must still be paid their corresponding wages
during the period of suspension of operations.
Duties of Workers
1.Participate in capacity building activities on safety and health.
2.Undergo the mandatory workers’ OSH seminar.
3.Proper use of all safeguards and safety devices provided for
workers’ protection.
4.Comply with instructions to prevent accidents or imminent
danger situations in the workplace.
5.Observe prescribed steps to be taken in cases of emergency (i.e.
participating during the conduct of national or local disaster drills.
6.Report to their immediate supervisor or any other responsible
safety and health personnel any work hazard that may be
discovered in the workplace.
7.File claims for compensation benefits due to work-related
disability or death.
Rights of Workers
1.Right to Know – All workers shall be appropriately informed by the employer
about all types of hazards in the workplace, and be provided access to training,
education, and orientation on safety and risks.
2.Right to Refuse Unsafe Work – The worker has the right to refuse work without
threat or reprisal from the employer if an imminent danger situation exists.
3.Right to Report Accidents – Workers and their representatives shall have the right
to report accidents, dangerous occurrences, and hazards to the employer, to DOLE,
and other concerned government agencies. They shall be free from any form of
retaliation for reporting an accident.
4.Right to Personal Protective Equipment (PPE) – Employers shall provide workers
PPE for any part of the body that may be exposed to hazards; a lifeline, safety belt,
or harness; and respirators, masks, or shields when necessary. This should be free
of charge.
Workplace Requirements
•OSH Program – Workplaces covered by the OSH Standards must implement a suitable OSH
Program depending on its size and level of risk. This program should be communicated and
be made readily available to all persons in the workplace. Likewise, the establishment should
also submit a copy of their OSH program to the DOLE Regional, Provincial, Field, or Satellite
Office having jurisdiction over them.
Remarks:
1.For the violation of the same prohibited act – penalty of the corresponding fine plus an additional
fine of fifty percent (50%) thereof for every instance of repeat violation
2.For the following acts, a penalty of one hundred thousand pesos (Php 100,000.00) administrative
fine shall be imposed in addition to the daily administrative fine imposed above.
1. Repeated obstruction, delay, or refusal to provide the Secretary of Labor and Employment
access to the workplace, relevant records and documents, or conduct of investigation;
2. Misrepresentation in adhering to OSH standards; knowing a report or record submitted to
DOLE to be false;
3. Making retaliatory measures such as termination of employment, refusal to pay, reducing
wages and benefits, or in any manner against any worker who has given information relative
to the inspection being conducted
3.When a violation exposes the worker to death, serious injury, or serious illness, the imposable
penalty is one hundred thousand pesos (Php 100,000.00)