Labor Laws & Standards
on Safety & Health
in Construction
JOEL B. ELLO
DOLE ACCREDITED
OCCUPATIONAL SAFETY & HEALTH CONSULTANT
President and CEO
PEME Consultancy, Inc.
Proactive Lifestyle Corporation
Active Trading and Consultancy Solutions, Inc.
Chief Operating Officer, SmartCon Builders, Inc.
0908-898-54-48, 0917-772-80-08
Republic Act 4566
Contractors Licensing
IRR- DOLE DO 198 Law
DOLE D.O. 198-IRR
END
FREE
RESU
FROM
LT
SAFETY ACCIDENTS
ZERO
HEALTH ILLNESS
LOSSES
CLIMATE
ENVIRONMENT
CHANGE
CONSEQUENCE- PROFITS
Profit –
Growth –
Safety and Health –
any interruption or disruption of a business operation will
affect its productivity and profitability.
NOT ACCIDENT, NOT LOSSES!!!!
12 essential elements of world-class safety management
Are you ready for Asean integration? Globalization?
Strong Demonstrated Management Commitment
Safety Policies and Principles Leadership
Challenging Goals and Plans Elements
High Standards of Performance
Supportive Safety Personnel
Safety as a Line Organization Responsibility Organizational
Integrated Organization for Safety Elements
Progressive Motivation
Effective Communication
Continuous Safety Training and Development Operational
Injury and Incident Investigations and Reports Elements
Effective Audits and Re-evaluation
Safety Management
is maximizing Profits
1.Safety is investment;
2.Safety is profit;
3.Safety is a Key Performance Indicator;
4.Safety is a condition of employment;
5.Safety is a passion and a way of life;
6.Safety is conformance to global standards;
7.Safety is compliance to gov’t. regulations;
8.SAFETY IS MANAGING STRESS;
9.Safety is preparedness.
A set of mandatory
rules on OSH which
codifies all safety
orders.
Patterned after the
Standards of other
developed countries
Objective: protection of workers
from occupational risks and hazards
Selected OSHS Provisions
1. Coverage and Scope Rule 1001
2. Duties of Employers and Workers Rule 1005
3. Hazardous Workplaces Rule 1013
4. Imminent Danger Rule 1012.02
5. Registration Rule 1020
6. Training of Personnel on OSH Rule 1030
7. Health and Safety Committee Rule 1040
8. Accident/Illness Report Rule 1050
9. OH and Environment Control Rule 1070
10. Personal Protective Equipment Rule 1080
11. Authority of Local Government Rule 1980
12. Penal Provisions Rule 1990
Rule 1000. General Provisions
Objective : to protect every man against injury,
sickness or death
Scope : applies to all places of employment
Rule 1000. General Provisions
Duties of Employers
◼ Furnish safe and healthful working conditions
◼ Give job safety instruction
◼ Comply with OSHS
◼ Use approved safety devices
Duties of Workers
⚫ Cooperate with management
⚫ Report unsafe condition
⚫ Use all safe devices
Hazardous Workplaces
◼ Exposure to dangerous environmental elements,
contaminants or work conditions
◼ Construction work, logging, fire-fighting,
mining, quarrying, blasting, stevedoring, dock work, deep
sea fishing and mechanized farming
◼ Manufacture or handling of explosives and pyrotechnic
products
◼ Use or exposure to power driven or explosive material
◼ Exposure to biological agents as bacteria, fungi, viruses,
protozoa, nematodes and other parasites
Imminent Danger
◼ A condition or practice that could reasonably be
expected to cause death or serious physical
harm before abatement under the enforcement
procedure can be accomplished.
Rule 1020 - Registration
Use DOLE-BWC-IP-3 form
• Valid for 3 years :
- change in business name
- change in location
- change in ownership
- re-opening after previous closing.
Rule 1030 – Training of Personnel on OSH
• Amended by D.O. 16, S. 2001
• Recognizes that OSH personnel have fields of
specialization
• Sets requirements, duties of OSH personnel:
- OSH practitioner
- OSH consultant
- OSH training organization
- OSH consulting organization
• Accreditation of safety practitioners now lies
with the Regional Offices
OSH LAWS & ISSUANCES
Book IV, Title I – Occupational Safety DO 13 –
Medical, Dental and and Health Standards, Guidelines
Occupational Safety (OSHS)1978 Governing
Safety and
Health in the
Construction
Industry
Republic Act 4566
Contractors Licensing
Law
GOAL Voluntary Compliance to Labor Standards in all Workplaces
General Labor Occupational Safety Technical Safety
Standards, & Health Standards Standards
DO 19 DO 13/DO 198 1. DOLE Certified
1. Minimum Wage
1. CSHP, page 237 Heavy Equipts., p239-24
2. SSS
2. PPE, page 237 2. TESDA NC11
3. PhilHealth
3. Safety/OH Personnel, p238, heavy Equipt Operators
4. Pag ibig
p263 3. TESDA NC11
5. 13th Month Pay
4. Signages,p239 Skilled Workers,
6. Leave Benefits
5. Safety & Health Scaffolders, P329
7. Separation pay?
Committee,p241 4. Compliance to
Other Labor-related Standards:
a. R.A. No. 8972-
6. Training, p243 Fire Code,
Solo Parents’ Welfare Act 7. Workers Facilities, p244 Bldg. Code,
1. Annual Physical Examination, P179 Electrical Code,
2. Substance and Drug Abuse Prevention, Page 277
a. RA 7610 – 3. TB Prevention, Page 285 Mechanical Code,
Special Protection of 4. HIV AIDS Prevention, Page 259, 319 Sanitation Code,
Children Against Abuse, 5. Hepa B Prevention, Page 324
Other Codes and
6. Heat Stress
Exploitation and 7. Family Planning Programs Best practices
Discrimination 8. Program for Long Hours of Standing
9. Programs for Long Hours of Sitting
10. Mental Health Program (RA 11036)
GENERAL LABOR STANDARDS:
1. Every employee shall be assured security of tenure. No
employee can be dismissed from work except for a just or
authorized cause, and only after due process;
2. Work Day refers to any day during which an employee is
regularly required to work. Hours of Work refer to all the time
an employee renders actual work, or is required to be on duty
or to be at a prescribed workplace. The normal hours of work
in a day is 8 hours. This includes breaks or rest period of less
than one hour, but excludes meal periods, which shall not be
less than one hour.
3. An employee must be paid his or her wages for all hours
worked. If all or any part of his or her regular work hours falls
between 10:00 p.m. to 6:00 a.m., a covered employee shall
be entitled to a night shift pay in addition to his or her pay for
regular work hours. If he or she works for more than 8 hours
in one day, he or she shall be entitled to overtime pay.
GENERAL LABOR STANDARDS:
4. Legal age for employment for high risk establishments shall be
18 years only above only;
5. Labor Standards Refers to the minimum requirements
prescribed by existing laws, rules and regulations relating to
wages, hours of work, cost of living allowance and other
monetary and welfare benefits, including occupational, safety
and health standards.
6. When an employee is made or permitted to work on their
scheduled rest day, they shall be paid an
additional compensation of at least thirty percent (30%) of their
regular wage. They shall be entitled to such
additional compensation for work performed on Sunday only
when it is their established rest day.
GENERAL LABOR STANDARDS:
7. Premium pay refers to additional compensation for work
performed within eight (8) hours on non-work days, such as rest
days and special days.
8. Paternity leave benefit shall apply to the first 4 deliveries of the
employee’s lawful wife with whom he is cohabiting. For this
purpose, “cohabiting” means the obligation of the husband and
wife to live together.
9. Holiday pay refers to payment of the regular daily wage for
any unworked regular holiday.
SALIENT FEATURES -GENERAL LABOR STANDARDS:
• Project Employee -Employment is co-terminus with each
project or phase of the project to which they are assigned.
• Regular Employee –is an employee who has been engaged
to perform activities which are usually necessary or desirable
in the usual business or trade of the employer.
• Paternity Leave -Granted to all married male employees in the
private sector, regardless of their employment status (e.g.,
probationary, regular, contractual, project basis). The purpose
of this benefit is to allow the husband to lend support to his
wife during her period of recovery and/or in nursing her
newborn child.
SALIENT FEATURES -GENERAL LABOR STANDARDS:
• Seven (7) -days that a married male parent employee is
entitled under RA 8187 or (Paternity Leave)
• Night Shift Differential (NSD) -Refers to additional
compensation of ten percent (10%) of an employee’s regular
wage for each hour of work performed between 10 p.m. and 6
a.m.
• Oxygen, heat, fuel, dispersion, and confinement make up the
“Dust Explosion Pentagon.”
• Cryogenic or freezing hazard
• In order to inform your employees about electrical hazards,
these warning signages should be posted to comply OSHA.
SALIENT FEATURES -GENERAL LABOR & OSH STANDARDS:
• The likelihood or probability of an incident or
accident to occur in our workplace is called
Risk;
• Its mandatory and required by DOLE to report even its
just near misses to stop a more serious event
occurring;
• Hazard in the workplace is anything with the
potential to cause harm;
SALIENT FEATURES -GENERAL LABOR STANDARDS:
•Labor Standards refers to the minimum requirements
prescribed by existing laws, rules and regulations relating to
wages, hours of work, cost of living allowance and other
monetary and welfare benefits, including occupational, safety
and health standards.
•Minimum employable age is 15 years old. A worker below
15 years of age should be directly under the sole
responsibility of parents or guardians; work does not interfere
with child's schooling/normal development.
SALIENT FEATURES -GENERAL LABOR STANDARDS:
• Where there are two (2) successive regular holidays, like Maundy
Thursday and Good Friday, an employee should not be paid for both
holidays if he/she is absent from work on the day immediately preceding
the first holiday.
• Employees’ Compensation Program (ECP) Is a government program
designed to provide a compensation package to public and private sector
employees or their dependents in the event of work-related sickness,
injury, disability, or death;
• If stoppage of work due to imminent danger occurs as a result of the
employer's violation or fault, the employer will have to pay the workers
wages during the period of such stoppage of work or suspension of
operations.
OCCUPATIONAL HEALTH and WELLNESS PROGRAM:
A. Mandatory
1. Annual Physical Examination, P179-180
2. Substance and Drug Abuse Prevention,
Page 277
3. TB Prevention, Page 285
4. HIV AIDS Prevention, Page 259, 319
5. Hepa B Prevention, Page 324
6. Heat Stress
7. Family Planning Programs
8. Program for Long Hours of Standing
9. Programs for Long Hours of Sitting
10.Mental Health Program (RA 11036)
Salient Provisions of DO 13/16 and Labor Code:
1.Occupational Safety and Health should be a separate pay item in every contract
specifying details of the costs;
2.Project Manager must submit to DOLE a Construction Safety and Health Program
prior project mobilization;
3. Fatal accidents must be reported to nearest DOLE Office by all means of
communication within 24 hours; Minor accidents shall reported every 20th of the
month;
4. For project with 300 workers, AMO must hire Fulltime Registered Nurse with
Training on OSH;
5. ToolBox meeting must be conducted Daily with specific topics on Safety;
6. Project Manager must Chair the Safety and Health Committee per project;
7. PPE must be charged to the Employer and not to the worker;
8. Workers must enjoy benefits from SSS, PhilHealth and Pag-ibig
Salient Provisions of DO 13/16 and OSH
Standards:
9. Employees who could be exposed to a combustible dust explosion should
be in Fire resistant clothing;
10. Respirators prevent inhalation of Toxic air substances and Oxygen-
deficient air;
11. Corrosive Hazards;
Salient Provisions of DO 13/16 and OSH
Standards:
9. Employees who could be exposed to a combustible dust explosion should
be in Fire resistant clothing;
10. Respirators prevent inhalation of Toxic air substances and Oxygen-
deficient air;
11. Corrosive Hazards;
DEPARTMENT ORDER
19-93
Guidelines Governing the
Employment
of Workers in the
Construction Industry
Types of Employees in construction:
(DO 19-93)
1. Project Employees
a. Entitled to Minimum wage, SSS, Pag-ibig,
PhilHealth and other monetary and non-
monetary benefits
b. Not entitled to Separation Pay but if
employed for more than 1 year shall be
entitled to separation pay
Employment ends after project completion
2. Non-Project Employees
a. Probationary
b. Regular employees
DEPARTMENT ORDER
NO. 174
DEPARTMENT ORDER NO. 174
Rules Implementing Articles 106-109 of the
Labor Code, as Amended
Department Order No. 18-02
Section 3. Trilateral Relationship in
Contracting Arrangement
PRINCIPAL
Job-contract
Employment
contract
CONTRACTOR worker
RECRUITMENT AND PLACEMENT
Service Contract
EMPLOYER
(AGENT)
Employment
Recruitment Contract
Contract
WORKER
Sec. 5 – Prohibition Against LOC
Section 8. Rights of Contractual Employees
Section 6. Prohibited Acts
Section 6. Prohibited Acts
Section 6. Prohibited Acts
RECENT DEVELOPMENT ON
OSH
Republic Act 11058
DOLE Department Order No.
198-18
AN ACT STRENGTHENING COMPLIANCE
WITH OCCUPATIONAL SAFETY AND
HEALTH STANDARDS AND PROVIDING
PENALTIES FOR VIOLATIONS THEREOF
(RA 11058) and IRR (DOLE DO 198 – 18)
Private Sector only
Section 3 - DEFINITION OF TERMS
“Competency
Standards” – refers to
industry-determined
specification of
“Certified first-aider” – proficiency required for “Covered Workplaces” –
refers to any person effective work refers to establishments,
trained and duly performance. projects, sites and all
certified to administer other places where work
first aid by the Philippine is being undertaken
Red Cross (PRC), TESDA, wherein the number of
BFP, DoH or any employees, nature of
organization authorized operations and risk or
by the Secretary of hazard involved in the
Labor and Employment. business require
compliance
DEFINITION OF TERMS
“Low risk establishment” “Medium risk establishment” refers to a
refers to a workplace where workplace where there is moderate
there is low level of danger exposure to safety and health hazards and
or exposure to safety and health with probability of an accident, injury or
hazards and not likely or with illness, if no preventive or control measures
low probability to result in are in place.
accident, harm or injury, or
illness. “High risk establishment” refers to a
workplace wherein the presence of
hazard or potential hazard within the co
mpany may affect the safety and/or healt
h of workers not only within but also per
sons outside the premises of
the workplace (e.g. construction,
mining, petrochemical, etc.)
DEFINITION OF TERMS
The following are workplaces
commonly associated 11. Power generation, transmission and
with potentially high-risk distribution in the energy sector;
activities: 12. Storage and distribution center for
toxic or hazardous chemicals;
1.Chemical works and chemical 13. Storage of fertilizers in high volume;
production plants; 14. Transportation ;
2. Construction; 15. Water supply, sewerage, waste
management, remediation activities;
3. Deep sea fishing;
16. Works in which chlorine is used in bulk
4. Explosives and pyrotechnics
; and
factories;
17. Activities closely similar to those
5. Firefighting;
enumerated above and other activities
6. Healthcare facilities;
as determined by DOLE in accordance
7. Installation of communication
with existing issuances on the
accessories, towers and cables;
classification of establishments.
8. LPG filling, refilling, storage and
distribution;
9. Mining;
10. Petrochemical works and refineries
DEFINITION OF TERMS
“Safety officer” – refers to any
employee or officer of the company
trained by the DOLE or DOLE-Accredited
Training Organization and tasked by the
employer to implement an OSH
program in accordance to OSHS
“Safety Officer 2 (SO2)” refers to an
employee who has completed the
mandatory forty (40)-hour OSH
training course applicable to the
industry as prescribed in the OSH
“Safety Officer 1 (SO1)” refers to an standards.
employee who has completed the mandatory
eight (8)-hour OSH orientation course 2 hour
TOT as
prescribed in the OSH standards.
DEFINITION OF TERMS
Safety Officer 4 (SO4) refers to an employee who
“Safety Officer 3 (SO3)” refers to an has completed the mandatory forty (40)-hour OSH
employee who has completed the training course applicable to the industry,
mandatory forty (40)-hour OSH additional eighty (80) hours of advanced/specialized
training course applicable to the occupational safety training course relevant to the
industry, additional forty-eight (48) industry, an aggregate of three hundred twenty (320)
hours of advanced/specialized hours of OSH related training or experience, an actual
occupational safety training experience as SO3 for at least four (4) years, and other
course relevant to the industry, requirements as prescribed by the OSH standards.
relevant experience in OSH for Additional training may be converted to years of
at least two (2) years, and other experience where eighty (80) hours of training may
requirements as prescribed in the equal to one (1) year of experience and vice versa.
OSH standards. Qualified SO 3 Qualified SO4 shall be eligible for certification
shall be eligible for certification as as OSH consultant.
OSH practitioner.
DEFINITION OF TERMS
“Occupational Safety and Health (OSH)
practitioner” refers to a qualified
Safety Officer 3 or its equivalent, duly
certified by DOLE to render
occupational safety and health services
in a defined and specific scope or core
competency.
“Occupational Safety and Health (OSH) consultant”
refers to a qualified Safety Officer 4 or its equivalent,
duly certified by DOLE to perform and/or render
consultative services on occupational safety and
health in at least two (2) fields of specialization as
determined by DOLE.
DEFINITION OF TERMS
“Worker” refers to any
member of the labor
force, regardless of “Workers’ OSH Seminar” refers
employment status. to the mandatory eight (8)-
hour module conducted by the
safety officer of the workplace
as prescribed by the OSH
standards.
Section 5 - WORKERS’ RIGHT TO KNOW
Information materials used pursuant to this Section shall be
made readily available and accessible to workers.
New-hired workers shall be provided instructions, orientations
and trainings prior to start of work. The instructions,
orientations, and trainings shall be properly documented by
the employer, and shall be included in the permanent records
of the worker in the establishment.
The workers’ OSH seminar and other trainings/orientations
as required by the employer and by any law shall be at no
cost on the worker and considered as compensable working
time.
Section 6 - WORKERS’ RIGHT TO REFUSE TO
UNSAFE WORK
The worker has the right of refusal to work without threat
or reprisal from the employer if, as determined by the DOLE,
an imminent danger situation exists.
The employer or safety officer cannot require the workers
to return to work where there is continuing imminent
danger to life or health.
Workers affected by the existence of an imminent
danger situation may be temporarily assigned to other areas
within the workplace provided there is no impending issue
with safety and health.
Section 7 - WORKERS’ RIGHT TO REPORT
ACCIDENTS
Workers and their representatives shall have
the right to report accidents, dangerous
occurrences, and hazards to the employer, to
the DOLE and to other concerned government
agencies exercising jurisdiction as the
competent authority in the specific industry or
economic activity. There shall be no retaliation
from the part of the employer pursuant to the
reporting of any accident.
Section 8 - WORKERS’ RIGHT TO PERSONAL
PROTECTIVE EQUIPMENT (PPE)
The cost of the PPE shall be part of the safety
and health program which is a separate pay
item pursuant to Section 20 of this Rules.
All PPE shall be of the appropriate type as
tested and approved by the DOLE based on its
standards. The usage of PPE in all
establishments, projects, sites and all other
places where work is being undertaken shall
be based on the evaluation and
recommendation of the safety officer.
Section 12 - OCCUPATIONAL SAFETY AND HEALTH PROGRAM
Covered workplaces shall develop and implement a suitable OSH
program which shall be posted in prominent places. Covered
workplaces shall be guided by a format prescribed by DOLE.
For with less than ten workers and low risk establishments with
ten (10) to fifty (50) workers. – The OSH program, which shall be duly
signed by the employer, must include at
least the following:
For medium to high risk establishments with ten (10) to fifty (50)
workers and low to high risk establishments with fifty-one (51) workers
and above. – The OSH program, which shall be duly signed by the
employer, must include at least the following:
OCCUPATIONAL SAFETY AND HEALTH
PROGRAM
The OSH program shall be communicated and be made readily
available to all persons in the workplace. It shall be updated
periodically whenever the DOLE, other regulatory or government
agencies and institutions promulgate new rules, guidelines and other
issuances related to workers’ safety and health.
The company shall ensure that the core elements of OSH program
are integrated in the company OSH program such as management
commitment and employee involvement, workplace risk assessment,
hazard prevention and control, safety and health training and
education, and OSH program evaluation.
OCCUPATIONAL SAFETY AND HEALTH
PROGRAM
The company shall submit a copy of the OSH program to
the DOLE Regional, Provincial, Field or Satellite Office
having jurisdiction over the workplace. A duly signed
company commitment to comply OSH requirements
together with the company OSH program using the
prescribed template shall be considered approved upon
submission EXCEPT for Construction Safety and Health
Program (CSHP) which shall need approval by DOLE prior
to construction.
OCCUPATIONAL SAFETY AND HEALTH
PROGRAM
OSH programs in the pre-approved template may be
modified by DOLE as necessary based on existing
laws, rules and regulations, and other issuances or
upon validation of the program during inspection. If
there is a modification made by the company, the
company shall submit a revised copy of the OSH
program to DOLE.
The company shall review and evaluate the OSH
program at least once a year or as necessary, to
ensure that its objectives are met towards an
improved safety and health performance.
Section 13 - OCCUPATIONAL SAFETY AND
HEALTH COMMITTEE
To ensure that the safety and health program is observed and
enforced, a Safety and Health Committee shall be organized in covered
workplaces.
For establishments with less than ten workers and low risk
establishments with ten (10) to fifty (50) workers. – A SO1
shall establish an OSH committee composed of the following
:
Chairperson : Company owner or manager
Secretary Safety Officer of the workplace
Member : At least one (1) worker
The company owner or manager or one of the workers of the company shall
undertake a first aid training from the Philippine Red Cross or any DOLE
recognized organization.
OCCUPATIONAL SAFETY AND HEALTH COMMITTEE
For medium to high risk establishments with ten (10) to fifty
(50) workers and low to high risk establishments with fifty-one
(51) workers and above. – The OSH committee of the covered
workplace shall be composed of the following:
Ex-officio chairperson : Employer or his/her representative
Secretary : Safety officer of the workplace
Ex-officio members : Certified first-aider, OH nurse, OH dentist, and
OH physician, as applicable
Members : Safety officers representing the contractor or
subcontractor, as the case may be, and representative/s
of workers who shall come from the union, if the
workers are organized, or elected workers through a
simple vote of majority, if they are unorganized
The OSH committee shall effectively plan, develop, oversee
and monitor the implementation of the OSH program.
OCCUPATIONAL SAFETY AND HEALTH COMMITTEE
For two (2) or more establishments housed under one building or
complex including malls. – Establishments housed under one
building or complex shall have its own respective OSH committee.
A Joint OSH committee shall be initiated and created by the
building owner or building administrator and shall plan, develop
and implement programs and activities for all establishments in
said building or complex on OSH with the following composition:
Chairperson : Building owner or his/her representative such as the building
administrator
Secretary : Safety officer of the building or complex appointed by the
Chairperson
Members : At least two (2) safety officers from any of the establishment housed
under one building or complex
At least two (2) workers’ representatives, one of which must be from a
union if organized, from any of the establishment housed under one
building or complex
The building administrator shall ensure that the Joint OSH committee shall submit
its organizational plans and minutes to the DOLE Regional office, copy furnished
the Bureau of Working Conditions.
Section 14 - SAFETY OFFICER
In the implementation of OSH program, the required safety officers shall
be employed or designated with the following duties and responsibilities:
(a) Oversee the overall management of the OSH program
in coordination with the OSH committee;
(b) Frequently monitor and inspect any health or safety aspect
of the operation being undertaken with the participation
of supervisors and workers;
(c) Assist government inspectors in the conduct of safety and
health inspection at any time whenever work is being
performed or during the conduct of an accident investigation
by providing necessary information and OSH reports as
required by the OSH standards; and
(d) Issue Work Stoppage Order (WSO) when necessary based on
the requirements and procedures provided by the OSH standards.
SAFETY OFFICER
Safety officer/s of all workplace must possess the necessary training and
experience requirement according to its category as contained herein.
The respective qualifications of safety officers are as follows:
Category Prescribed Training on OSH Minimum OSH
Experience
Safety Officer 1 (SO1) Mandatory eight (8)-hour OSH -
orientation course and
Two (2) - hour trainers’ training
Safety Officer 2 (SO2) Mandatory forty (40)-hour basic -
OSH training course applicable to
the industry
SAFETY OFFICER
Category Prescribed Training on OSH Minimum
OSH
Experience
Safety Officer 3 a. Mandatory forty (40)-hour basic At least two
(SO3) OSH training course applicable to (2)
the industry; years of
b. Additional forty-eight (48) hours experience in
of advanced/specialized OSH
occupational safety training
course relevant to the industry;
AND
c. Other requirements as
prescribed by the OSH standards.
SAFETY OFFICER
Category Prescribed Training on OSH Minimum OSH
Experience
Safety Officer a. Mandatory forty (40)-hour OSH training Actual experience
4 (SO4) course applicable to the industry; as SO3 for at least
a. Additional eighty (80) hours of advanced/ four (4) years
specialized occupational safety training
course relevant to the industry;
c. An aggregate of three hundred twenty
(320) hours of OSH related training or
experience (additional training may be
converted to years of experience where
eighty [80] hours of training may equal to
one [1] year of experience and vice versa.);
AND
d. Other requirements as prescribed by the
OSH standards.
SAFETY OFFICER
Minimum classification and number of safety officer for
all covered workplaces shall be as follows:
Number of Workers Low Risk Medium Risk High Risk
1 to 9 One (1) SO1 One (1) SO1 One (1) SO2
10 to 50 One (1) SO1 One (1) SO3
One (1) SO2
51 to 99
One (1) SO2 and
One (1) SO2 One (1) SO2 and
100 to 199 One (1) SO3
One (1) SO3
Two (2) SO2 or One (1) SO2 and
200 to 250 Two (2) SO3
One (1) SO3 One (1) SO3
Two (2) SO2 and One (1) SO2 and
251 to 500 Two (2) SO3
One (1) SO3 Two (2) SO3
SAFETY OFFICER
Number of
Workers Low Risk Medium Risk High Risk
Two (2) SO2
One (1) SO2
501 to 750 and
Two (2) SO3 and
One (1) SO3
Two (2) SO3
751 to 1000 Two (2) SO3
Every additional Additional One
250 or fraction - - (1) SO3 or
thereof SO4
Every additional Additional One
Additional One
500 or fraction (1) SO3 or -
(1) SO3
thereof SO4
SAFETY OFFICER
Safety officers engaged in micro and small establishments,
low to medium risk, shall be engaged in safety programs
including other tasks designated to him/her by his/her
employer.
In the case of a contractor or subcontractor, at least one
(1) safety officer must be deployed at each specific area of
operations to oversee the management of the OSH
program of its own workforce.
SAFETY OFFICER
The engagement of the services of a certified OSH
consultant (SO4) shall be allowed for a period not
longer than one (1) year for establishments whose
designated safety officer has to be trained or is in
the process of completing the prescribed training
courses and relevant experience.
Section 15 - OCCUPATIONAL HEALTH PERSONNEL
AND FACILITIES
Covered workplaces shall have qualified occupational
health personnel such as certified first-aiders, nurses,
dentists, and physicians duly complemented with the
required medical supplies, equipment and facilities.
The number of health personnel, which may be classified
as full time (FT) or part-time (PT), equipment and facilities,
and the amount of supplies shall be proportionate to the
total number of workers and the risk or hazard involved in
the workplace, the ideal ratio of which shall be as follows:
TRAINING FOR OH PERSONNEL
First-Aider : Standard first aid training
OH Nurse : At least forty (40)-hour Basic OSH training course
for OH Nurses
OH Dentist : At least forty (40)-hour Basic OSH training course
OH Physician : At least fifty-six (56)-hour Basic OSH training
course for OH Physicians
Section 15 - OCCUPATIONAL HEALTH PERSONNEL AND FACILITIES
Number Low Risk Medium to High Risk
of OH OH OH First- OH OH OH
First-Aider
Workers Nurse Dentist Physician Aider Nurse Dentist Physician
1-9 1 - - - 1 - - -
10-50 1 - - - 1 - - -
51-99 1 - - 1 FT 1 PT
1 FT 1 PT and
100-199 1 2 PT
1 FT
1 PT 2 PT
1 for 1 PT and
200-250 2 2 FT and
every 50 1 FT
1 FT
workers 1
1 2 PT
Additional or a 2 PT and
251-500 2 FT 2 PT and
of 1 for fraction 1 FT
1 FT
every 100 thereof
501-750 - -
workers or a
3 PT or 1 PT 3 PT and
fraction
751-1000 - and 1 FT - 1 FT
thereof
OCCUPATIONAL HEALTH PERSONNEL
AND FACILITIES
Low Risk Medium to High Risk
Number of
OH OH OH OH OH OH
Workers First-Aider First-Aider
Nurse Dentist Physician Nurse Dentist Physician
2 PT,
2 PT and
1 FT, and
1 FT DOLE
1 FT DOLE
1001-2000 - Certified -
1 for Certified
OSH
Additional every 50 OSH
practitioner
of 1 for 1 workers or 1 practitioner
every 100 4 PT and a fraction 2 FT and
workers or 1 FT DOLE thereof 1 FT DOLE
> 2000 a fraction - Certified - Certified
thereof OSH OSH
practitioner practitioner
Every 250
workers or a - - - - 1 FT - 1 FT or 4 PT
fraction thereof
Every 500
workers or a - 1 FT - 1 FT or 4 PT - - - -
fraction thereof
OCCUPATIONAL HEALTH PERSONNEL
AND FACILITIES
PT = 4h/d, 3d/w; FT = 8h/d, 6d/w
OH personnel shall be placed
in shift with the highest number of workers
For OH dentists: Alternatively, establishments can enter into a
Memorandum of Agreement (MOA) for dental services for
workers; provided that the requirements for dental facilities are
met.
For OH physicians: If more than 1 PT physician is required,
a physician must be present in all work days of the
establishment.
OCCUPATIONAL HEALTH PERSONNEL
AND FACILITIES
The employer may not establish an emergency hospital or
dental clinic in the workplace where there is a hospital or dental
clinic which is located not more than five (5) kilometers away
from the workplace, accessible in not more than twenty-five (25)
minutes travel time, and the employer has facilities readily
available for transporting workers to the hospital or clinic in
cases of emergency. For this purpose, the employer shall enter
into a written contract with the hospital or dental clinic for the
use of such hospital or dental clinic for the treatment of workers
in cases of emergency. However, this shall not excuse the
employer from maintaining in his/her workplace a first aid
treatment room or clinic for workers which shall be as follows:
OCCUPATIONAL HEALTH PERSONNEL
AND FACILITIES
Low Risk Medium to High Risk
Number of Clinic Clinic
Workers First aid First
(number of (number of
treatment room treatment room
beds) beds)
1-9 - 1 -
10-50 1 - 1 -
51-99 2 1
1
100-199
200-250 2
2
251-500 Additional 1 for Additional 1 for
501-750 every 100 every 50
Additional 1 for Additional 1 for
751-1000 workers or a workers or a
every 200 every 100
1001-2000 fraction thereof fraction thereof
workers or a workers or a
> 2001 fraction thereof fraction thereof
Section 28 - PROHIBITED ACTS AND ITS
CORRESPONDING PENALTIES
Imminent danger - One (1) day
PPE - Three (3) days
Others - Not exceeding Ninety (90) days based
on the approved action plan
There shall be willful failure or refusal to comply with the OSH standards
if the following exists:
1) A record on the safety report of SO or minutes of the meeting of the
OSH committee that there’s a violation of the OSH standards but no
action has been made despite findings of OSH violation/s,
2) Repeated simple refusal or failure to comply following a report to
DOLE by the worker of prohibited act/s committed by employer, or
3) Presence of risk or danger in plain view.
PROHIBITED ACTS AND ITS
CORRESPONDING PENALTIES
Should there be non-compliance of two (2) or more items,
all penalties shall be imposed; however, the total daily
penalty shall not exceed one hundred thousand pesos
(₱ 100,000.00).
Fines for micro establishments with one (1) to nine (9)
workers, and small establishments with ten (10) to
fifty (50) workers shall have a 0.5 factor if OSH violation/s
has been corrected not later than forty-eight (48) hours.
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, m ₱25,000.00
andatory 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 sy ₱40,000.00
stem 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
When the violation exposes the worker to death, serious
injury or serious illness, the imposable penalty shall be One
Hundred Thousand Pesos (₱100,000.00).
The Secretary of Labor and Employment may issue additional
violations and corresponding fines following consultation
with stakeholders.
An employer, contractor or subcontractor who was found to
be a repeat violator of the above prohibited acts shall have
the penalty of additional fifty percent (50%) thereof and shall
be compounded for every instance of repeat violation.
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.
DTI and DOLE
Interim Guidelines on
Workplace Prevention and
Control of COVID-19
WORKPLACE SAFETY AND HEALTH
A. Increasing physical and mental resilience
B. Reducing transmission of COVID-19
C. Minimizing contact rate
D. Reducing risk of infection from COVID-19
DTI and DOLE Interim
Department of Labor and Employment 89 Guidelines |
BUREAU OF WORKING CONDITIONS
WSH: Increasing Physical & Mental
Resilience
1. Emphasize everyday actions to stay health such as:
a. Eat nutritious and well-cooked food,
b. Drink plenty of fluids and avoiding alcoholic beverages,
c. Have adequate rest and at least 8 hours of sleep, and
d. Exercise regularly;
2. Enjoin companies to provide free medicines and vitamins; and
3. Provide referral for workers needing counselling or presenting
with mental health concerns.
DTI and DOLE Interim
Department of Labor and Employment 90 Guidelines |
BUREAU OF WORKING CONDITIONS
WSH: Reducing transmission of COVID-
19 (PRIOR TO ENTRANCE in buildings or workplaces)
a. All employers and workers shall:
Have your temperature
Wear mask at all times checked and
(may use cloth masks), recorded, and
Accomplish daily the Spray alcohol to both
health symptoms hands and provide foot
questionnaire, baths at the entrance, if
practicable;
DTI and DOLE Interim
Department of Labor and Employment 91 Guidelines |
BUREAU OF WORKING CONDITIONS
WSH: Reducing transmission of COVID-
19 (prior to entrance in buildings or workplaces)
b. Disinfect equipment or vehicle
entering the operational hub; and
c. Instill physical distancing of one
meter on queue outside the office
or store premises.
DTI and DOLE Interim
Department of Labor and Employment 92 Guidelines |
BUREAU OF WORKING CONDITIONS
WSH: Reducing transmission of COVID-
19 (INSIDE THE WORKPLACE)
a. Clean and disinfect at least once
every 2 hours all work areas and
frequently handled objects;
b. Provide sufficient clean water and
soap in all washrooms and toilets;
c. Encourage workers to wash hands
frequently and avoid touching face
d. Provide sanitizers in corridors,
conference areas, elevators, stairways
and areas where workers pass;
DTI and DOLE Interim
Department of Labor and Employment 94 Guidelines |
BUREAU OF WORKING CONDITIONS
WSH: Reducing transmission of COVID-
19 (inside the workplace)
d. Practice physical distancing of 1 meter
radius space between workers at all
times;
e. Communal eating is discouraged
f. Ensure that physical distancing is
maintained if eating in dining areas;
dispose wastes properly; and
g. Clean and disinfect regularly canteens
and kitchens.
DTI and DOLE Interim
Department of Labor and Employment 95 Guidelines |
BUREAU OF WORKING CONDITIONS
WSH: Minimizing contact rate
1. Adoption of alternative work
arrangements- shift work or staggered
work hours, WFH;
2. Discourage prolonged face-to-face
interaction between workers and with
clients;
1. Masks should be worn
2. Meetings with minimum pax and short
duration
3. Use videoconferencing
DTI and DOLE Interim
Department of Labor and Employment 96 Guidelines |
BUREAU OF WORKING CONDITIONS
WSH: Minimizing contact rate
3. Arrange office tables to maintain
proper physical distancing;
4. Design workstation layout to allow
for unidirectional movement in
aisles, corridors or walkways;
5. Limit number of people in enclosed
space;
– Elevators: physical distancing
DTI and DOLE Interim
Department of Labor and Employment 97 Guidelines |
BUREAU OF WORKING CONDITIONS
WSH: Minimizing contact rate
6. Encourage use of stairs with physical
distancing (unidirectional if possible);
7. Encourage highly the use of online
system for clients needing assistance
from offices including the use of
videoconferencng; and
8. Roving officer ( ex, safety officer) shall
ensure physical distancing and
observance of health protocols.
DTI and DOLE Interim
Department of Labor and Employment 98 Guidelines |
BUREAU OF WORKING CONDITIONS
WSH: Reducing risk of infection from
COVID-19 (worker is a COVID-19 suspect)
a. The worker shall immediately
proceed to the designated isolation
area and never remove his/her mask.
b. Clinic personnel attending to the
workers should wear appropriate
PPEs and, if needed, require the
transport of the affected worker to
the nearest hospital.
• PCR testing shall be done and results
reported by hospital to DOH
DTI and DOLE Interim
Department of Labor and Employment 99 Guidelines |
BUREAU OF WORKING CONDITIONS
WSH: Reducing risk of infection from
COVID-19 (worker is a COVID-19 suspect)
c. Decontamination of workplace:
i. Workplace shall be decontaminated
with appropriate disinfectants;
ii. After decontamination of the work
area, work can resume after 24 hours;
and
iii. Workers present in the work area with
the suspect COVID-19 worker shall go
on 14 days home quarantine.
DTI and DOLE Interim
Department of Labor and Employment 100 Guidelines |
BUREAU OF WORKING CONDITIONS
WSH: Reducing risk of infection from
COVID-19 (worker is sick or has fever not COVID 19)
Employer must advise the worker to take
prudent measures to limit the spread of
communicable diseases, as follows:
i. Stay at home and keep away from
work or crowds;
ii. Take adequate rest and plenty of
fluids;
iii. Practice personal hygiene to prevent
spread of disease; and
DTI and DOLE Interim
Department of Labor and Employment 101 Guidelines |
BUREAU OF WORKING CONDITIONS
WSH: Reducing risk of infection from
COVID-19 (worker is sick or has fever)
iv. Seek appropriate medical care if there is:
• Persistent fever,
• Difficulty of breathing, or
• Weakness.
DTI and DOLE Interim
Department of Labor and Employment 102 Guidelines |
BUREAU OF WORKING CONDITIONS
DUTIES OF EMPLOYERS
1. Provide the necessary company policies for
the prevention and control of COVID-19 in
consultation with workers;
– Advocacy and IEC programs from reliable source
2. Provide resources and materials needed to
keep the worker healthy and the workplace
safe (masks, soap, disinfectants, PPE, testing
kit);
3. Designate a safety officer to monitor
COVID-19 prevention and control measures;
DTI and DOLE Interim
Department of Labor and Employment 103 Guidelines |
BUREAU OF WORKING CONDITIONS
DUTIES OF EMPLOYERS
4. Enhance health insurance provision for
workers;
5. Provide shuttle services and/or decent
accommodation on near-site location to
lessen travel and people movement, when
feasible;
6. Enjoin the hiring from the local community;
and
7. Put up a COVID-19 Hotline and Call Center
for employees.
DTI and DOLE Interim
Department of Labor and Employment 105 Guidelines |
BUREAU OF WORKING CONDITIONS
DUTIES OF WORKERS
1. Comply with all workplace measures in place for the prevention
and control of COVID-19 (masks, physical distancing, frequent
handwashing);
2. Observe proper respiratory etiquette;
3. Cough and sneeze into tissue or into shirt sleeve
4. Dispose used tissues properly; and
5. Disinfect hands immediately after a cough or sneeze.
DTI and DOLE Interim
Department of Labor and Employment 106 Guidelines |
BUREAU OF WORKING CONDITIONS
COVID-19 TESTING
▪ Employers may test workers for
COVID-19.
▪ Testing of workers and interpretation
of results shall be in accordance with
DOH Memorandum No. 2020-01801
and Administrative Order No. 2020-
00142.
1 Revised Interim Guidelines on Expanded Testing for COVID-19, 16 April 2020
2 Guidelines in Securing a License to Operate a COVID-19 Testing Laboratory in the Philippines, 07 April 2020
DTI and DOLE Interim
Department of Labor and Employment 107 Guidelines |
BUREAU OF WORKING CONDITIONS
MOST AT RISK WORKERS AND
VULNERABLE GROUPS
▪ Employer are highly encouraged to allow
most at risk workers and vulnerable groups
to do work from home arrangement.
- Most at risk workers: >60 years old or of
any age with co-morbidities or pre-
existing illness
▪ Work arrangements should be developed
to detail the workers’ deliverables and
there shall be no diminution in wages or
benefits.
DTI and DOLE Interim
Department of Labor and Employment 108 Guidelines |
BUREAU OF WORKING CONDITIONS
ASSISTANCE AND REPORTING
▪ DTI and DOLE shall extend assistance and technical support to all
workplaces, employers and workers in complying with the
Guidelines.
▪ The employer shall provide the DOLE through its Regional Office,
copy furnished the DOH, monthly reporting of illness, diseases and
injuries utilizing the DOLE Work Accident/Illness Report Form
(WAIR).
DTI and DOLE Interim
Department of Labor and Employment 109 Guidelines |
BUREAU OF WORKING CONDITIONS
SAMPLE PROTOCOL FOR SCREENING
EMPLOYEES AND VISITORS
To be assessed by
Doctor / Nurse
DTI and DOLE Interim
Department of Labor and Employment 110 Guidelines |
BUREAU OF WORKING CONDITIONS
HEALTH
CHECKLIST
DTI and DOLE Interim
Department of Labor and Employment 111 Guidelines |
BUREAU OF WORKING CONDITIONS
HEALTH
CHECKLIST
DTI and DOLE Interim
Department of Labor and Employment 112 Guidelines |
BUREAU OF WORKING CONDITIONS
“Resilience
is the ability to
successfully and
quickly cope up or
bounce back from a
Crisis”
SYMBOLS OF RESILIENCY
Japanese and Chinese
JAPAN