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OSH LEGISLATIONS

1. No Smoking. Smoke only in designated areas.


2. Cellphones in ‘silent’ or ‘vibration’ or ‘switched off’
3. One mouth rule – when someone talks, we all listen
4. Anybody is encouraged to participate in the discussion
5. Rest Rooms
6. Emergency Exit/Assembly Area
7. Clinic / First Aid
8. Coffee Break and Lunch Break

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

Prevention: Updating of Department


Enforcement:
Compensation/ Health & Safety Order 13. –
E.O. 307 Admin. Code
Rehabilitation: & other related Guidelines in
1987
P.D. 626 OSH Policies: Construction
OSHC Admin. Code Industry
• Training • Labor 1987

• Technical inspectors • ECC –


thru 16 No. of staff • BWC - DOLE
assistance Department
ROs - 82 develops,
to clients, Order No. 13
• 252 prescribes
ECC, BWC, Guidelines
inspectors OSH
workers & governing
standards
employers OSHS in the
• Clearing construction
house of industry
information RULE 1412 of
on OSH OSHS
• Research
• 122 staff

OSH LEGISLATIONS
The DOLE is the executive department of the
government mandated to formulate policies,
implement programs on occupational safety and
health.

(Legal basis: Presidential Decree No. 442)


otherwise known as the:

LABOR CODE OF THE PHILIPPINES

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.

✓ It contains administrative requirements,


general safety and health rules,
technical safety regulations, and other
extent to eliminate or reduce OSH
hazards in the workplace.

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:

 Provide a safe place of employment


 Give complete job safety instructions
to all workers.
 Comply with the requirements of the
Standards.
 Use only approved PPEs, devices
and equipment as prescribed.

OSH LEGISLATIONS
Duties of workers:

 Cooperate with the employer in carrying out the


provisions of the Standards.

 Report to his superior any work hazard that may be


discovered in his workplace.

 Make proper use of all safeguards and safety devices


furnished for his protection and that of others.

 Follow all instructions given by the employer in


compliance with the OSHS provisions.

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.

➢ Article 164 of the LCP


Secretary of Labor should:
• develop and implement training programs;
• increase no. & competence of OSH personnel.

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

2. Can order compliance of labor laws (after due notice


and hearing)
3. Secretary can order stoppage of work or suspension
of operations in imminent danger cases

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.

Registration shall be free of charge and


valid for the lifetime of the establishment
except when any of the following
conditions exists:

OSH LEGISLATIONS
REQUIREMENTS:

 Lay-out plan of the place of work, floor by


floor, in a scale of 1:100 meters showing all
the physical features of the workplace.

 Registration shall be made in form DOLE-


BWC-IP-3 in three copies.

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

✓ CHAIRPERSON : Manager or his authorized


representative
✓ MEMBERS:
– Department heads, supervisors, foreman
– Workers/s (if unionized, must be union members)
– Company Physician, Nurse/First Aider

✓ SECRETARY : Safety man/Safety Officer

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

- refers to inspection for the purpose of safety


determination of boilers, pressure vessels,
internal combustion engines, electrical
installation, elevators, hoisting equipment
and other mechanical equipment.

OSH LEGISLATIONS
 General Health and Safety Inspection

- refers to inspection of the work environment,


including the location and operation of machinery
other than those covered by technical safety
inspection, adequacy of work space, ventilation,
lighting, conditions of work environment, handling,
storage or work procedures, protection facilities
and other safety and health hazards in the
workplace

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

Rule 1020 DOLE/BWC/IP-3) Three (3) Thirty (30)


Registration attached with copies days before
layout plan of the submitted to operation
workplace R.O. or
at a scale of authorized
1:100 m representative

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

Rule 1050 DOLE/BWC/IP- - 2 copies - On or before the


Notification & 6) submitted to 20th day of the
Keeping of WAIR concerned RO month following
Accidents copy furnished the date of
and/or the Bureau occurrence of the
Occupational DOLE/BWC/IP- accident
6b - On or before
Illnesses
AEDR January of the
following year

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

Frequency Rate is the total number of


disabling injuries per million employee hours
of exposure,

Number of disabling injuries X 1,000,000


Frequency Rate =
Employee – hours of Exposure

OSH LEGISLATIONS
ANNUAL EXPOSURE DATA RECORD

Severity Rate is the total number of days or


charged per million employee hours of
exposure,

Number of days lost or charge X 1,000,000


Severity Rate =
Employee – hours of Exposure

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.

Non-Disabling Injuries (Medical Treatment) – work injuries which


do not result into disabling injuries but require first aid or medical
attention of any kind.

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.

* From the LCP

OSH LEGISLATIONS
OSH LEGISLATIONS

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