DOLE Department Order

Greetings! No. 198 Series of 2018

Please see attached documents for reference
IRR of RA 11058
regarding the recently conducted OSH LAW
seminar conducted by Engr. Melanie Banayos.
“An Act Strengthening Compliance
with Occupational Safety and Health
Please acknowledge receipt of this email.
Standards and Providing Penalties
Thanks. for Violations Thereof ”
Signed: Dec. 6, 2018
Best regards, Published: Jan. 9, 2019 (Phil. Star)
Effective: Jan. 25, 2019

Tricity Field Office

Department of Labor and Employment 7
ENGR. MELANIE P. BANAYOS, PME
Supervising LEO
Bureau of Working Conditions
SALIENT FEATURES
Section 1: Declaration of Policy

The state affirms

labor as a primary
social and economic
force, and that a
safe and healthy
workforce is an
integral aspect of
nation building.
Section 2: Coverage

This act shall apply to all

establishments, projects
and sites, and all other
places where work is
being undertaken in all
branches of economic
activity.
Section 2: Coverage

This Rules shall also

cover contractors and
subcontractors,
including those engaged
in the projects of the
public sector.
Section 2: Coverage

This Rules DO NOT

apply to the
public sector.
Section 5: Workers’ Right to Know

All workers shall be

informed by the
employer about all
types of hazards in the
workplace, provide
access to training,
education and
orientation on hazards
& risks.
Section 6: Workers’ Right to Refuse Work

The worker has the

right to refuse work
without threat or
reprisal from the
employer if an
imminent danger exists
in the workplace.
Section 6: Workers’ Right to Refuse Work

As a preventive measure,
the safety officer may,
following his/her
determination and without
fear of reprisal, implement
a work stoppage or
suspend operations in
cases of imminent danger.
Section 6: Workers’ Right to Refuse Work

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: Worker’s Right to Report
Accidents

The workers and their

representatives shall have
the right to report
accidents, dangerous
occurrences, and hazards
to the employer, DOLE,
and other concerned
government agencies.
Section 7: Worker’s Right to Report
Accidents

Reporting accidents to DOLE

may be made through:
• DOLE hotline;
• Nearest DOLE Regional,
Field, Provincial or Satellite
Office having jurisdiction
over the place of the
incident.
Section 8: Workers’ Right to PPE

Every employer, contractor

or subcontractor, shall
provide his/her workers,
FREE OF CHARGE,
personal protective
equipment for any part of
the body that may be
exposed to hazards.
Section 8: Workers’ Right to PPE

The COST of PPE shall be

part of the safety and health
program which is a separate
pay item pursuant to Section
21 of this Rules.
Section 8: Workers’ Right to PPE

Failure to provide
appropriate PPE in high
risk activities shall give
rise to the right of the
workers to refuse unsafe
work.
Section 9: Safety Signage
All establishments,
projects, sites, and all
other places where work
is being undertaken shall
have safety signage and
devices to warn the
workers and the public of
the hazards in the work
place.
Section 10: Safety in the Use of
Equipment
The employer, contractor
or subcontractor must
comply with the OSH
Standards set by DOLE on
safety and use of such
equipment in different
phases of the company or
project operation.
Section 10: Safety in the Use of
Equipment
Appropriate training and
certification by the TESDA
and PRC or other
concerned government
agency shall be a
requirement for operators
before the use of
equipment, if applicable.
Section 12: OSH Program

Covered workplaces shall

develop and implement a
suitable OSH program in
a format prescribed by
the DOLE which shall be
posted in prominent
places.
Section 12: OSH Program

The OSH Program

includes at least the
following:
• Company commitment to
comply with OSH requirements;
• General safety and health
programs;
• Promotion of health domains;
• Etc…
Section 13: OSH Committee

To ensure the safety and

health program is
observed and enforced, a
safety and health
committee shall be
organized in covered
workplaces.
 Section 13: OSH Committee
Establishment with less than 10 workers and low risk establishments with 10-15 workers.

Chairman
Owner/Manager

Secretary
Safety Officer

Member
Workers’ Rep.

Note: The SO of the workplace may also be the owner, manager or his/her designated
representative. The owner/manager or one of the workers shall undertake first aid training
from the Philippine Red Cross.
Section 13: OSH Committee
Medium to high risk workplaces with 10-50 workers, and
low to high risk establishments with 51 workers and above.

Chairman
Owner/Manager

Secretary
Safety Officer

Member Member Ex Officio

Subcon Safety Officers Workers’ Rep.
Member
Occupational Health
Personnel
Section 13: OSH Committee
For (2) or more establishments housed under one building or complex including malls.

Chairman
Building Owner/Administrator

Secretary
Safety Officer – Appointed by the Chair

Members Members
At least (2) Safety At least (2)
Officers from any of Workers’ Rep.
the establishments
Section 14: Safety Officer
Category Prescribed Training Minimum Experience

Safety Officer 1 (SO1) • Mandatory (8)-hours -

orientation course;
• Two hours trainers’
training.
Safety Officer 2 (SO2) Mandatory 40-hour basic -
OSH training course
applicable to the industry.
Safety Officer 3 (SO3) • Mandatory 40-hour At least (2) years of
basic training; experience in OSH
• Additional 48-hours of
advance/specialized
OSH training
• Other requirements as
prescribed by the OSH
Standards.
Section 14: Safety Officer
Category Prescribed Training Minimum
Experience
Safety Officer 4 • Mandatory 40-hour basic training; Actual experience
(SO4) • Additional 80-hours of as SO3 for at least
advance/specialized OSH training; (4) years.
• An aggregate of 320-hours of OSH
related training or experience
(additional training may be
converted to years of experience
where 80-hours of training may be
equal to 1-year and vice versa;
• Other requirements as prescribed
by the OSH Standards.
 Section 14: Safety Officer
Number of workers Low Risk Medium Risk High Risk
1 to 9 1- SO1 1- SO1 1-SO2
10 - 50 1- SO1 1- SO2 1- SO3
51- 99 1- SO2 1- SO2 1- SO2 & 1-SO3
100- 199 1-SO2 1- SO2 & SO3 1-SO2 &SO3
200- 250 2- SO2 or 1-SO3 1- SO2 & SO3 2- SO3
251- 500 2- SO2 & 1-SO3 2- SO3 1- SO2 & 2- SO3
501- 750 2- SO2 & SO3 2- SO3 1-SO2 & 2- SO3
751- 1000 2- SO3 2- SO3 1-SO2 & 2- SO3
Every additional 250 or - - plus 1- SO3 or
fraction thereof SO4
Every additional 500 or plus 1- SO3 Plus 1- SO3 or SO4 -
fraction thereof
 Section 15: Occupational Health
Personnel and Facilities
Number Low Risk Medium to High Risk
of First OH OH OH First OH OH OH
Workers Aider Nurse Dentist Physician Aider Nurse Dentist Physician
1-9 1 - - - - -
10-50 - - 1 - - -
51-99 - - 2 PT - -
100-199 2 2 PT - 2 1 FT 1 PT 1 PT
200-500 3-5 1 FT 1 PT 3-5 1 FT 1 PT 2 PT
501-2000 1 PT 2 PT or
6-20 1 FT 2 PT 6-20 1 FT 1 FT
1 FT
 Section 15: Occupational Health
Personnel and Facilities
Number of Low Risk Medium to High Risk
Workers FA Treatment Clinic Hospital FA Clinic Hospital
Room (number (number of Treatment (number of (number of
of beds) beds) Room beds) beds)
1-9 1 - - 1 - -
10-50 - - 1 - -
51-99 - 2 1 -
1
100-199 Additional 1 - 2 -
for ever 100
200-250 workers or a - Additional 1 -
fraction
2
251-500 - for ever 50 Additional 1 -
thereof workers or for ever 100
501-750 Additional - -
for every a fraction workers or
751-1000 200 - thereof a fraction -
1001-2000 workers or thereof
a fraction 1 1
thereof
Section 15: Occupational Health
Personnel and Facilities
The employer may not establish a hospital or dental clinic if the
workplace where there is a hospital or dental clinic which is located
not more than (5) kilometres away from the workplace, accessible in
not more than (25) minutes travel time, and the employer has
facilities readily available for transporting workers to the hospital or
dental clinic in cases of emergency.

For this purpose, the employer shall enter into a written contract with
the hospital for the use of such hospital for the treatment of workers
in cases of emergency.
Section 16: Safety and Health Training
All safety and health
personnel shall undergo
the mandatory
orientation or training
on OSH as prescribed by
DOLE. Said training shall
be evidenced by the
issuance of a certification
by DOLE or a DOLE-
Accredited Safety
Training Organization.
Section 16: Safety and Health Training

All workers shall undergo

the mandatory workers’
OSH seminar as
prescribed by DOLE. It
may be conducted by the
safety officer of the
establishment or any
certified OSH practitioner
or consultant.
 Section 17: Occupational Safety
and Health Reports
All employers, contactors or
subcontractors, if any, shall submit
to DOLE all safety and health
reports and notifications such as
but not limited to:
• Annual medical report (AMR);
• OSH committee reports;
• Employers’ work accident/injury
report (WAIR);
• Annual work accident/injury
exposure data report (AEDR).
Section 18: Workers’ Competency
Certification
All critical occupations shall undergo mandatory
competency assessment and certification by TESDA.
Section 19: Workers’ Welfare Facilities
All establishments, projects, sites
and all other places where work
is being undertaken shall have
the following free welfare
facilities in order to ensure
humane working conditions:
• Adequate supply of safe
drinking water;
• Adequate sanitary and
washing facilities;
• Suitable living conditions for
workers;
• Etc…
Section 20: All Other Occupational
Safety and Health Standards

All employers, contractors

or subcontractors, if any,
shall comply with other
occupational safety and
health standards as
provided for in the
1978 DOLE Occupational
Safety and Health
Standards, as amended.
Section 21: Joint and Solidary
Liability

The employer, project

owner, contractor or
subcontractor, shall be
JOINTLY AND
SOLIDARILY liable for
compliance with OSHS
including the penalties
imposed for violation
thereof.
 Section 21: Joint and Solidary
Section 23: Enforcement of OSHS
Liability
DOLE D.O. 183 Series 2017 shall govern
the conduct of inspection, mandatory
conference, issuance of order and
execution of order.

1. Imminent danger – 24 hours

2. PPE – 3 days
3. Other OSHS violations – 90 days
Section 27: Employees’ Compensation Claim

A worker may file claims for

compensation benefit arising
out of work-related disability
or death.

The employer shall provide

the necessary assistance to
employees applying for claims.
Section 28: Incentives to Employers and Workers

There shall be established

package of incentives under
such rules and regulations as
may be promulgated by the
DOLE to qualify employers
and workers to recognize
their efforts towards ensuring
compliance with OSH.
Section 29: Prohibited Acts and its
Corresponding Penalties

Any willful failure or refusal of an employer, contractor or

subcontractor to comply with the following OSH standards
below or with a compliance order issued by the Secretary
of Labor and Employment or his/her authorized
representative shall be penalized of the administrative fines.
Section 29: Prohibited Acts and its
Corresponding Penalties
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 workers training, Php 25,000.00
mandatory OSH training for safety officers and health personnel)
Provision of safety signage and devices Php 30,000.00
Provision of medical supplies, equipment and facilities 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 Php 40,000.00
standards
Establishment of a safety and health committee Php 40,000.00
Formulation and implementation of a comprehensive safety and health Php 40,000.00
program
Section 29: Prohibited Acts and its
Corresponding Penalties
Provision of information on hazard and risk (absence of chemical safety Php 40,000.00
data sheet, no written SOP in materials handling, lifting etc., no permitting
system for confined spaces/hot works, no lock-out/tag-out system, etc.)
Provision of sanitary and welfare facilities Php 40,000.00
Use of approved or certified devicces 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

An employer, contractor or subcontractor who is found to have

repeatedly violated the same prohibited act shall be penalized of
the corresponding fine plus an additional equivalent to (50%)
thereof of every instance of repeat violation.
Section 29: Prohibited Acts and its
Corresponding Penalties
A separate and additional administrative fine of One hundred
thousand pesos (Php 100,000.00) shall be imposed if ANY of the
following acts is present AND there is non-compliance:
1. Repeated obstruction, delay or refusal to provide DOLE Sec or
any authorized representative access to covered workplace,
refusal to provide or allow access to records or obstruct the
conduct of investigation;
2. Misrepresentation in relation to adherence to OSH standards,
knowing such statement, report submitted to DOLE to be false in
any material aspect; or
Section 29: Prohibited Acts and its
Corresponding Penalties

3. Making retaliatory measures such as termination, 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.
Section 29: Prohibited Acts and its
Corresponding Penalties
When the violation exposes the worker to death, serious injury or
serious illness, the imposable penalty shall be Php 100,000.00.

Should there be two or more non-compliances, all penalties shall

be imposed; provided that the total daily penalty shall not exceed
one hundred thousand pesos (Php 100,000.00).

The penalties shall be computed on a per day basis until full

compliance reckoned from the date of notice of violation or
service of the compliance order…