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 gender-sensitive.
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.
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.
Table 1. Inclusions of OSH Program
Table 2. OSH Committee Members
Establishment category | Composition of Committee |
---|---|
Less than ten (10) workers and low risk establishments with ten (10) to fifty (50) workers | Chairperson: Company owner or manager Secretary: Safety officer of the workplace Member: At least one (1) worker, preferable a union member if organized One of the workers of the company must undertake first aid training from the Philippine Red Cross of any DOLE recognized organization |
Medium to high risk establishments with ten (10) to fifty (50) and low to high risk establishments with fifty-one (51) workers and above | Ex-officio chairperson: Employer or representative Secretary: Safety officer of the workplace Ex-officio members: Certified first-aider, OH nurse, OH dentist, and OH physician, if applicable Members: Safety officers representing the contractor or subcontractor, representative/s of workers from unions or elected workers through simple vote of majority. |
Two (2) or more establishments housed under one building or complex (i.e. malls) | Joint Coordinating Committee – composed of all the health and safety committees to plan and implement programs and activities concerning all establishments Chairperson: Building owner or representative Secretary: Safety officer of the building Members: At least two safety officers from any of the establishments and at least two workers’ representatives |
Table 3. Safety Officers OSH Training
The minimum classification and number of safety officers for establishments covered by OSH standards are as follows:
Table 4. Minimum classification and number of safety officers
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) SO2 | One (1) SO3 |
51 to 99 | One (1) SO2 | One (1) SO2 and One (1) SO3 | |
100 to 199 | One (1) SO2 and One (1) SO3 | ||
200 to 250 | Two (2) SO2 and One (1) SO3 | Two (2) SO3 | |
251 to 500 | Two (2) SO3 | One (1) SO2 and Two (2) SO3 | |
501 to 750 | |||
751 to 1000 | Two (2) SO3 | ||
Every additional 250 or fraction thereof | – | – | Additional One (1) SO3 or SO4 |
Every additional 500 or fraction thereof | Additional One (1) SO3 | Additional One (1) SO3 or SO4 | – |
Table 5. Number of health personnel per workplace
Number of Workers | Low Risk | Medium to High Risk | ||||||
---|---|---|---|---|---|---|---|---|
First- Aider | OH Nurse | OH Dentist | OH Physician | First- Aider | OH Nurse | OH Dentist | OH Physician | |
1 to 9 | 1 | – | – | – | 1 | – | – | – |
10 to 50 | – | – | – | – | – | – | ||
51 to 99 | – | – | – | 2 PT | – | – | ||
100 to 199 | 2 | 2 PT | – | – | 2 | 1 FT | 1 PT | 1 PT |
200 to 500 | 3-5 | 1 FT | 1 PT | 1 PT | 3-5 | 1 FT | 1 PT | 2 PT |
501 to 2000 | 6-20 | 1 FT | 1 PT | 2 PT | 6-20 | 1 FT | 1 FT | 2 PT or 1 FT |
>2000 | >20 | 1 FT per shift | 1 FT | 1 FT and 2 PT | >20 | 1 FT per shift | 1 FT | 1 FT and 2 PT |
Every 100 workers or a fraction thereof | 1 | – | – | – | 1 | – | – | – |
Every 250 workers or a fraction thereof | – | 1 FT | – | – | – | 1 FT | – | – |
Every 500 workers or a fraction thereof | – | – | 1 FT | 1 FT or 4 PT | – | – | 1 FT | 1 FT or 4 PT |
Table 6. Required training of safety and health personnel
Personnel | Training Requirement |
---|---|
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 |
Table 7. Medical services and facilities per workplace
Number of Workers | Low Risk | Medium to High Risk | ||||
First Aid Treatment Room | Clinic (# of beds) | Hospital (# of beds) | First Aid Treatment Room | Clinic (# of beds) | Hospital (# of beds) | |
---|---|---|---|---|---|---|
1 to 9 | 1 | – | – | 1 | – | – |
10 to 50 | – | – | 1 | – | – | |
51 to 99 | 1 | – | 2 | 1 | – | |
100 to 199 | Additional 1 for every 100 worker or a fraction thereof | – | Additional 1 for every 50 worker or a fraction thereof | 2 | – | |
200 to 250 | 2 | – | – | |||
251 to 500 | – | – | ||||
501 to 750 | Additional 1 for every 200 worker or a fraction thereof | – | Additional 1 for every 100 worker or a fraction thereof | – | ||
751 to 1000 | – | – | ||||
1001 to 2000 | 1 | 1 |
The willful failure or refusal to comply with the following OSH standards or with a compliance order issued by the Secretary of Labor and Employment is penalized as follows:
Registration of establishment to DOLE | Php 20,000.00 |
Provision of job safety instruction or orientation prior to work | Php 20,000.00 |
Provision of worker’s training (first aid, mandatory worker training, mandatory OSH training for safety officers and health personnel) | Php 25,000.00 |
Provision of safety signage and devices | Php 30,000.00 |
Provision of medical supplies, equipment, and facilities | Php 30,000.00 |
Submission of reportorial requirements as prescribed by OSH standards | Php 30,000.00 |
Provision of safety officer and/or OH personnel | Php 40,000.00 |
Provision of certified personnel or professionals required by the OSH standards | Php 40,000.00 |
Establishments of a safety and health committee | Php 40,000.00 |
Formulation and implementation of a comprehensive safety and health program | Php 40,000.00 |
Provision of information on hazards and risk | Php 40,000.00 |
Provision of sanitary and welfare facilities | Php 40,000.00 |
Use of approved or certified devices and equipment for the task | Php 50,000.00 |
Provision of PPE or charging of provided PPE to workers | Php 50,000.00 |
Compliance with DOLE issued WSO | Php 50,000.00 |
Compliance to other OSH standards | Php 40,000.00 |
Contributor: Marivic Arago
Brown & Green Environmental Services, Inc.
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