Occupational Legislation 1

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OCCUPATIONA

L
LEGISLATION Group 1
Orit, Jeremy Earl L
Aguda, Rosemar
Conde, Daryll
Estrella, John Michael
Rabanes, Justine
Environmental &
Occupational
■ Environmental health focuses on how environmental factors affect human
health, covering air, water, soil quality, food safety, noise, radiation, and climate
change. Experts in this field identify, assess, and manage environmental hazards
to safeguard public health through research, regulation enforcement, policy
development, and public education.
Occupational Health:

■ Occupational health ensures workplace safety by identifying and


managing hazards such as chemicals, physical strains, and stressors.
Professionals focus on preventing injuries and illnesses through
safety regulations, training, and medical care for affected workers.
DID YOU KNOW THAT;

Environmental and occupational health are two interconnected


fields that focuses on protecting and promoting the health and
safety of people within their working and living environments.
■ Safety regulations are defined as
mandatory requirements that
aim to prevent or reduce injury.
Safety They include laws and
regulations, such as prohibiting
Regulation the sale of fireworks, and
mandatory standards, such as
specifying that children’s
nightwear be fire resistant.
Aim of Regulation Examples
• Limit access to dangerous products or activities Graduated driver licensing Machine operator licensing Restrictions on
the sale of alcohol to minors Child-resistant closures on pharmaceuticals
or cleaning products Firearm regulations

• Limit levels of harmful substances Lead in paints Speed limits Power restrictions on motorcycles
Temperature of hot water systems Manual handling limits

• Require the use or installation of particular protective Safety belts Motorcycle helmets Protective gear in workplaces Smoke
detectors Electrical safety switches
devices

• Prescribe protective performance Motor vehicle safety standards Standards for personal protective
equipment Fire-resistant nightwear Isolation pool fencing Safety glass

• Require information to be provided to consumers Labeling of poisons and pharmaceuticals Alcohol content labeling on
beverage containers
about likely hazards
Effects of Safety Regulations

Improving safety by regulation is a relatively


slow process. It can take many years to have
regulations passed by the government. In addition,
most regulation is not retrospective and only applies
to products manufactured or activities commenced
after the implementation of the regulation (or even
some years after implementation).
Agency cover this Topics

1. Occupational Safety and Health Administration (OSHA):


• Sets and enforces workplace safety and health standards to ensure
employers provide safe and healthful workplaces for their employees.
• It conducts inspections of workplaces to ensure compliance with
regulations and investigates complaints and reports of workplace hazards.
• Provides training, outreach, education, and assistance to employers and
workers to promote understanding and compliance with safety standards.
2. Equal Employment Opportunity Commission (EEOC):

• The EEOC investigates charges of discrimination in employment based on protected


characteristics such as race, color, religion, sex, national origin, age, disability, or genetic
information.
• It provides mediation services to resolve disputes between employers and employees and
litigates cases of discrimination when necessary to uphold civil rights laws.
• The EEOC conducts outreach and education programs to raise awareness of employment
discrimination laws and promote voluntary compliance among employers.

3. Department of Labor (DOL):


- Administers and enforces federal labor laws related to wages, hours, workplace safety,
unemployment insurance, worker protections, and benefits such as retirement and healthcare.
- It conducts research and collects data on labor market trends, employment practices, and worker
demographics to inform policymaking and program development.
- Provides resources and assistance to employers, workers, and other stakeholders to promote
compliance with labor laws and improve working conditions.
4. National Labor Relations Board (NLRB):

• The NLRB administers the National Labor Relations Act (NLRA),


which protects the rights of employees to engage in concerted
activities for mutual aid and protection, including unionization and
collective bargaining.
• It investigates unfair labor practices committed by employers or
labor organizations and conducts elections to determine whether
employees wish to be represented by a union.
• The NLRB adjudicates disputes between employers and unions and
issues rulings and decisions that interpret and enforce labor laws.
RULES ON THE ADMINISTRATION
AND ENFORCEMENT OF LABOR
STANDARDS PURSUANT TO
ARTICLE 128 OF THE LABOR CODE
OF THE PHILIPPINES, AS
RENUMBERED, ANO REPUBLIC
ACT NO. 11058
Pursuant to the authority of the Secretary of Labor and
Employment to promulgate necessary rules under Article 5 and
the visitorial and enforcement power under Article 128 in relation
to Article 303 of the Labor Code of the Philippines, as
renumbered, and under Section 25 of Republic Act No. 11058,
otherwise known as ‘An Act Strengthening Compliance with
Occupational Safety and Health Standards and Providing
Penalties for Violations.

Thereof, the following rules are hereby issued;


Section 1- Approaches.
The following shall be the
RULE III – approaches in the administration
and enforcement of labor
GENERAL standards;
PROVISIONS a. Technical and Advisory Visit
b. Labor Inspection; and
c. Occupational Safety and Health
Investigation.
Section 2. Priority Establishments.

The following establishments shall be prioritized for inspection;

a. Engaged in hazardous work


b. Employing children and/or women
c. Construction projects
d. Philippine-registered ships or vessels engaged in domestic shipping
e. Fishing vessels
f. Engaged in contracting and subcontracting arrangements
g. Subject of Single-Entry Approach (SEnA) referral, anonymous complaint, or
request for inspection
h. Establishments as may be determined by the Secretary of Labor and
Employment.
Section 3. Employer and Employees’
Representatives.

For purposes of representation in the conduct of visit, inspection, and


investigation, the following shall be the authorized representatives;

1. Employer’s representative. The owner, president, vice president, manager, or any


other officers holding managerial or supervisory positions shall be deemed as the
employer’s representative.
2. Employees’ representative. The representative of the employees shall be the
following:

a. Organized establishment.
The representative shall be designated by the sole and exclusive bargaining
agent or agents named in the collective bargaining agreement or agreements.
Section 3. Employer and Employees’
Representatives.

b. Unorganized establishment.
The representative shall be from any of the following committees, in
successive order:

1. Labor-Management Committee
2. Occupational Safety and Health Committee
3. Family Welfare Committee.

In the absence of the above-mentioned, the present rank-and-file employees


shall select their representative during the visit, inspection, or investigation.
Section 4. Employment Records.

• All employers shall keep and maintain employment records in and about the
premises of all workplaces for at least three (3) years.
•The employer shall maintain a centralized recording system, it shall provide
access or produce a hard copy to the labor inspector.
• During the inspection, the employer shall present employment records such as:
employment contracts, daily time records, payrolls, proof of payment of 13 th
month pay, service incentive leave pay, and other labor standards such other
compliance required under the occupational safety and health standards and
Republic Act No. 11058.
• All employers shall ensure compliance with women-related laws, rules, and
regulations.
Section 5. Special Inspection Team

The Secretary of Labor and Employment may organize a Special


Inspection Team composed of a group of labor inspectors (Lis) and/or assistant
labor inspectors (Alis) from the regional offices to collaborate, as may be
necessary, with other government agencies exercising regulatory or
enforcement functions to conduct inspections.
Section 6. Participation of Labor,
Employer, and Other Organizations.

Qualified representatives of legitimate labor organizations, legitimate


workers’ associations, chartered locals, national unions, or federations,
accredited integrated professional organizations, non-government
organizations, and employer organizations may be authorized to participate in
the conduct of inspection of establishments subject to the guidelines issued by
the Secretary of Labor and Employment.
EXAMPLES OF
ACTION PLAN AND
SITUATION
Purpose
■This Action Plan focuses primarily on
protecting employees in the workplace
from various risks such as accidents and
injuries, in addition to maintaining their
rights for a safe working environment .
Work Health, Safety
and Environment
Guidelines
■ Leadership Commitment
■ Communication, Participation and
Consultation
■ Health and Safety Training
■ Facilities
■ Hazard Identification and Risk Management
■ General Safety Guidelines
■ Emergency Procedures
THANK YOU!

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