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OSH LEGISLATIONS
At the end of the session, the participants will be
able to:
• identify laws and policies which govern OSH
administration in the Philippines;
• determine government agencies which administers
such laws;
• explain the various strategies for OSH
administration.
OSH LEGISLATIONS
Social Justice* and Human Rights
Section 3.
The state shall:
have its full protection to labor and promote full
employment and equality of employment opportunities
for all.
promote the principle of shared responsibility between
workers and employers.
regulate the relations between workers and
employers.
OSH LEGISLATIONS
• Right to self-organization.
• Right to collective bargaining.
• Right to collective negotiation.
• Right to peaceful and concerted activities including
the right to strike.
• Right to security of tenure.
• Right to just and humane conditions of work.
• Right to a living wage.
• Right to participate in policy and decision-making
processes.
OSH LEGISLATIONS
OSH
OSH LEGISLATIONS
The DOLE is the executive department of the
government mandated to formulate policies,
implement programs on occupational safety and
health.
OSH LEGISLATIONS
Law : P.D. 442
Title : Labor Code of the Philippines
Year Passed : 1974
Relevant Provisions : Book IV, Titles I & II
Implementing Agency: DOLE
Content: A consolidation of labor and social laws to
afford full protection to labor, promote employment and
human resources development and ensure industrial
peace based on social justice.
OSH LEGISLATIONS
Law : Rules and Regulations
Implementing Art. 162,
Book IV, Title I, P.D. 442
Title : Occupational Safety and
Health Standards
Year Passed : 1978
Relevant Provision/s : Rule 1000 to Rule 1980
Implementing Agency: Dept. of Labor & Employment
OSH LEGISLATIONS
✓ A set of mandatory OSH standards
which organize all safety orders being
enforced prior to its promulgation.
OSH LEGISLATIONS
Patterned after the Standards set by
developed countries and sources include:
▪ ILO Model Safety Code
▪ American Standards Safety Regulation
▪ National Safety Council, USA
▪ Canadian Safety Regulation
▪ American Society of Mechanical Engineers
▪ Boiler and Pressure Vessel Codes
▪ Philippine Mechanical Engineering Code
▪ Philippine Electrical Code.
OSH LEGISLATIONS
Purpose:
To protect every working man
against the dangers of injury,
sickness or death through safe
and healthful working
conditions.
OSH LEGISLATIONS
Types of Rules:
Administrative
Technical
Medical
OSH LEGISLATIONS
Duties of employers:
OSH LEGISLATIONS
Duties of workers:
OSH LEGISLATIONS
Duties of other persons:
It shall be the duty of any person, including any
builder or contractor or enforcement agent, who
visits, renovates, or installs devices, or conducts
business in any establishment or workplace.
OSH LEGISLATIONS
1. Labor Code of the Philippines
• Art. 162 – mandatory OSH Standards
• Art. 164 – OSH Trainings
• Art. 165 – administration and enforcement
• Art. 128 – visitorial and enforcement power
OSH LEGISLATIONS
➢ Article 162 of the LCP
Secretary of Labor should:
• set mandatory standards;
• enforce such standards.
OSH LEGISLATIONS
➢ Article 165 of the LCP
DOLE solely responsible for
administration and enforcement
of OSH laws, regulations, and
standards
But, chartered cities may
conduct industrial safety
inspections.
OSH LEGISLATIONS
➢ Article 128 of the LCP
1. Inspectors have access to employer records and
premises
• at any time when work is undertaken
• can copy such records
• can question workers
OSH LEGISLATIONS
➢ Presidential Decree 626 – created the Employee’s
Compensation Commission in 1975
➢ Sanitation Code of the Philippines
➢ R.A. 8504 – HIV/AIDS Prevention Act – signed in
February 13, 1998
➢ R.A. 9165 – Comprehensive Dangerous Drugs Act of
2002
OSH LEGISLATIONS
➢ R.A. 6969 – Nuclear and Other Hazardous
Substances and Chemicals Act
➢ Local Government Act – decentralized some national
government functions to LGUs. Ex. Inspection of
buildings, health care provisions, etc.
OSH LEGISLATIONS
➢ E.O. 307 – created OSHC as national focal point on:
• training
• research
• information
• technical services/assistance
on OSH matters.
OSH LEGISLATIONS
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. Health and Safety Committee Rule 1040
6. Accident/Illness Report Rule 1050
7. OH and Environment Control Rule 1070
8. Personal Protective Equipment Rule 1080
9. Authority of Local Government Rule 1980
10. Reporting Forms
11. Penal Provisions Rule 1990
OSH LEGISLATIONS
1. Alternative Methods and Materials RULE 1412.02
2. Electrical (OSHS) RULE 1412.03
3. Machine Guarding (OSHS) RULE 1412.04
4. Fire Protection (OSHS) RULE 1412.05
5. Lighting of Work Areas RULE 1412.06
6. Pipelines RULE 1412.08
7. Protection of Public RULE 1412.09
8. Protection from Falling Materials RULE 1412.10
9. Protruding Nails & Loose Materials RULE 1412.11
10. Protection Against Collapse of Structure RULE 1412.12
11. Safe Means of Access RULE 1412.13
12. Storage of Materials RULE 1412.14
13. Storage of Cylinders RULE 1412.15
14. Traffic Control RULE 1412.16
15. Vehicular Loading RULE 1412.17
16. Vehicle Driving RULE 1412.18
17. Internal Combustion Engine RULE 1412.19
OSH LEGISLATIONS
Objective : to protect every man against injury,
sickness or death
Scope : applies to all places of employment
Except : mines; land; sea and air transport
(garages, dry docks, port hangars are
covered)
OSH LEGISLATIONS
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
OSH LEGISLATIONS
Every employer shall register his/her
business with the Regional Labor Office or
authorized representative.
OSH LEGISLATIONS
PURPOSE:
To provide DOLE with information as guide
in its enforcement activities.
OSH LEGISLATIONS
REQUIREMENTS:
OSH LEGISLATIONS
Types of ACCREDITATION
✓ OSH Practitioner
✓ OSH Consultant
✓ Consulting Organization
✓ Safety Training Organization
OSH LEGISLATIONS
Plans and develops accident prevention program
Directs implementation of programs
Conducts safety meetings at least once a month
Reviews reports of inspections, accident investigations,
and implementation of programs
Provides OSH trainings for staff
OSH LEGISLATIONS
When to Organize
✓ within one month from the date the
business starts operation and re-organized
every year.
OSH LEGISLATIONS
Composition/Involved Persons
OSH LEGISLATIONS
How to organize?
✓ SIZES:
❖ 400 + Workers : Type A
❖ 200 - 400 Workers : Type B
❖ 100 - 200 Workers : Type C
❖ Less than 100 Workers : Type D
OSH LEGISLATIONS
TYPE A: 400 + Workers
Manager or Authorized
representative
(Chairperson)
2 * SAFETY
4 COMPANY
Department Man/Officer
Workers PHYSICIAN
Heads (Secretary)
OSH LEGISLATIONS
TYPE B: 200 - 400 Workers
Manager or Authorized
representative
(Chairperson)
1 3 * SAFETY
COMPANY
Man/Officer
Supervisor Workers PHYSICIAN
(Secretary)
/ NURSE
OSH LEGISLATIONS
TYPE C: 100 - 200 Workers
Manager or Authorized
representative
(Chairperson)
1 3 * SAFETY
COMPANY
Man/Officer
Supervisor Workers PHYSICIAN
(Secretary)
/ NURSE
OSH LEGISLATIONS
TYPE D: Less than 100 Workers
Manager or Authorized
representative
(Chairperson)
1 3 COMPANY * SAFETY
NURSE or Man/Officer
Foreman Workers (Secretary)
First Aider
OSH LEGISLATIONS
TYPE E: Joint Committee
Manager or Authorized
representative
(Chairperson)
2 Supervisors 2 Workers *
from 2 different from 2 different (Secretary)
establishments establishments
OSH LEGISLATIONS
Accidents/illnesses must be reported to the
DOLE Regional Office every month;
Basis of accident trends
OSH LEGISLATIONS
All establishments whether for profit or not,
government and its political subdivision,
government owned and controlled
corporations.
OSH LEGISLATIONS
1. Preventive Health Services
2. Emergency Health Services
3. Training of OH Personnel
4. OH Program at the Workplace
OSH LEGISLATIONS
Threshold Limit Values (TLVs)
Permissible exposures
Work Environment Measurements (WEM) should
be done annually
Refer to M.C. #1, s. 2000
OSH LEGISLATIONS
Every employer should furnish workers with
PPE at his own expense;
Of approved design;
Deductions for loss or damage should not
exceed 20% of weekly wage.
OSH LEGISLATIONS
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.
OSH LEGISLATIONS
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 to
biological agents as bacteria, fungi, viruses,
protozoas, nematodes and other parasites
OSH LEGISLATIONS
Technical inspection – boilers, pressure vessels,
internal combustion engines, elevators and other
mechanical equipment
General safety inspection – inspection of the
work environment
OSH LEGISLATIONS
Technical Safety Inspection
OSH LEGISLATIONS
General Health and Safety Inspection
OSH LEGISLATIONS
A. Inculcate a culture of C. Encourage the use of
compliance with settlement in all labor
labor standards cases
B. Ensure fair, D. Strengthen tripartism
expeditious, and among the empoyees,
non-litigious employers, and the
settlement of government
disputes
OSH LEGISLATIONS
1. Registration of Establishments – IP-3
2. Report of Safety and Health Organization – IP-5
3. Employer’s Work Accident/Illness Report – IP-6
4. Annual Work Accident/Illness Exposure Data Report –
IP-6B
5. Annual Medical Report Form – 47-A
OSH LEGISLATIONS
OSH RULE FORM WHERE TO FILE WHEN TO FILE
OSH LEGISLATIONS
OSH RULE FORM WHERE TO FILE WHEN TO FILE
Rule 1040 DOLE/BWC/IP -2 copies submitted Within one (1)
Health and -5) to concerned RO month after the
Safety copy furnished the organization
Committee Minutes of the Bureau
Meeting at least on
- 2 copies submitted quarterly basis
to RO copy furnished
the Bureau
OSH LEGISLATIONS
OSH RULE FORM WHERE TO FILE WHEN TO FILE
OSH LEGISLATIONS
OSH RULE FORM WHERE TO FILE WHEN TO FILE
Rule 1960 DOLE/BW/OH- - 2 copies - On or before
Occupational 47A submitted to the last day of
Health AMR concerned RO March of the
Services copy furnished year following
the Bureau the covered
period
OSH LEGISLATIONS
ANNUAL EXPOSURE DATA RECORD
OSH LEGISLATIONS
ANNUAL EXPOSURE DATA RECORD
OSH LEGISLATIONS
ANNUAL EXPOSURE DATA RECORD
Exposure is the total number of hours worked by all employees in
each establishment including employees or operating production,
maintenance, transportation, clerical, administrative, sales and
other departments.
Disabling Injuries – work injuries which result in death,
permanent total disability, permanent partial disability or temporary
total disability.
OSH LEGISLATIONS
Fine from P 1,000.00 to P 10,000.00;
Imprisonment of not less than three (3) months;
Both fine and imprisonment; and
Aliens can be deported.
OSH LEGISLATIONS
OSH LEGISLATIONS