OSH Administration

in the Philippines
(MODULE 4)
 Objectives
At the end of this session, participants will be
able to:
• discuss the OSH system in the country and
its components;
• discuss the key laws and policies to
implement OSH system in the country; and
• Identify the stakeholders in
the OSH system.
PREVENTION ENFORCEMENT
EO 307 (OSHC) Admin. Code, 1987

OSH System In DOLE

(Who are Involved?)

UPDATING
of Health and Safety Standards
COMPENSATION & Other Related OSH Policies
REHABILITATION Admin. Code 1987
P.D. 626 (ECC)
 NGOs, Labor &
Employer Groups
Government
DOH Agencies
PCOM/OHNAP
DENR ECOP/PMAP
LGUs TUCP/FFW
Dept. of Agriculture STOs as People 360
DTI
Dep. Ed. OSH System in the Phils.
DSWD
DOT
DOTC
Academe
DOE,NEDA
DOST,DAR
UP CPH UP SOLAIR
DLSU, TUP,PLM,etc
 The DOLE is the lead agency of the
government in charge in the administration
and enforcement of laws, policies, and
programs on occupational safety and
health.

(Legal basis: Presidential Decree No. 442)

LABOR CODE OF THE PHILIPPINES
 OSH LAWS & ISSUANCES

Book IV, Title I – Occupational Safety

Medical, Dental and and Health Standards,
Occupational Safety (OSHS)1978
 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
Coverage: all workplaces, except safety in
mines
Salient Features
of OSH
STANDARDS and
Some
Administrative
Rules
 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 012.02
5. Registration Rule 1020
6. Training of Personnel on OSH Rule 1030
(D.O. 16- 2001)
 Selected OSHS Provisions

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 Governments 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
Except : mines; land; sea and air transport
(garages, dry docks, port hangars
are covered)
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
 Hazardous Workplaces
• Use or exposure to
power driven or
explosive materials
• Exposure to biological
agents as bacteria,
fungi, viruses,
protozoa, nematodes
and other parasites
Hazardous Workplaces
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.
“before the imminence of
such danger can be
eliminated through the
enforcement procedures.”
 Rule 1020 - Registration

• Shall be free of charge

• Use DOLE-BWC-IP-3 form

• Valid for lifetime except :

- 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; STOs & consultants with the OSHC.
 Rule 1040. Health & Safety Committee
• Plans and develops accident prevention
program
• Directs implementation of programs
• Conducts safety meetings at least once a month
• Reviews reports of inspections, accident
investigations, & implementation of
programs
• Provides OSH trainings
for staff
 RULE 1040 - Health and
Safety Committee
OSH RULE REPORT/FORM WHERE TO FILE WHEN TO
FILE
Rule 1040 Report of Safety 2 copies, to be - Within
Health and Organization - submitted to one (1)
Safety DOLE/BWC/IP-5) concerned RO month after
Committee (Yearly Re- copy furnished the the
organization) Bureau organization

Minutes of the - At least on

Meeting – No form quarterly
needed basis
 Rule 1050. Notification & Keeping of
Records of Accidents and/or Illnesses
• Accidents/illnesses
must be reported to
the DOLE Regional
Office every month;

• Basis of accident
trends

• Is not admissible in
court
RULE 1050 - Notification & Keeping of Accident
and/or Occupational Illnesses
OSH RULE REPORT/FORM WHEN TO REPORT WHERE TO
REPORT

Rule 1050 Work Accident Illness -On or before the 2 copies, to

Notification and Report (WAIR) - 20th day of the be submitted
Keeping of DOLE/BWC/IP-6) month following the to concerned
Accidents WAIR date of occurrence of RO copy
and/or the accident furnished the
Occupational Bureau
Illnesses

Annual Exposure -On or before Jan. 20

Data Report (AEDR) - of the following year
(DOLE/BWC/IP-6b)

Fatal/major accident Within 24 h ours

 Rule 1070. Control of
Physical & Chemical Agents
• Threshold Limit Values
(TLVs)
• Permissible Exposure
Limits (PELs)
• Work Environment
Measurements
(WEM) should be
done annually
• Refer to M.C. #1, s.
2000
Rule 1080. Personal Protective
Equipment

• 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.
 REQUIRED REPORTS UNDER RULE 1960
OSH RULE REPORT/ WHERE TO WHEN TO
FORM FILE REPORT

Rule 1960 Annual 2 copies On or before

Occupationa Medical Report submitted to the last day of
l Health - concerned March of the
Services DOLE/BW/OH- RO copy year following
47A furnished the the covered
AMR Bureau period
 Penal Provisions*

• 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
 Recent DOLE Issuances

• D. O. 13- 98 –Construction Safety

• D. O. 16- 01- Training of OSH Personnel
• D. O. 53- 03 -Drug-free Workplace
• D. O. 73- 05 – TB- Free Workplace
• D. O. 01- 08 – OSH in Call Centers
 Recent DOLE Issuances
• D.C.01-09 – Ship-Building Industry
• Joint DTI-DENR-DA-DOF-DOH-DILG-DOLE- DOTC
Admin. Order 1-09- GHS Adoption and
Implementation
• D.O. 102-10– HIV and AIDS Prevention at the
Workplace
• D. O. 131-13 – Labor Laws Compliance System (LLCS)
• D. O. 132-13 – Maritime OSH
• D. O. 136-14 – GHS Implementation
Salient Points of DOLE Department Order No. 131-13

LABOR LAWS COMPLIANCE SYSTEM

(LLCS)
 D.O. 131-13 (LLCS)
• 574- total number of Labor Laws Compliance
Officers (LLCOs)
• 1 LLCO = 120 establishments/year
• Approach- developmental
• Modes of Implementation
• Joint Assessment
• Compliance Visit
• OSH Investigation
• Verification Assessment
 D.O. 131-13 (LLCS)
• Intensified Capability-Building for LLCOs
• Basic courses on Gen. Labor Stds, Productivity and
DOLE Programs and Services
• Basic Occupational Safety and Health (BOSH)
• Advanced courses – Accident Investigation; Singel-
Entry Approoach’ Conciliation-Mediation, etc.
• Specialized Courses- Safety Audit; Const. OSH,
POEA programs, etc.
 Modes of Implementation
1. Joint Assessment or Assessment -
scheduled assessment of establishments,
branches, and workplaces and worksites to
evaluate compliance with labor laws and social
legislations. Tripartite:
• LLCO,
• the representative of the employers,
• representative of the employees
• uses a prescribed assessment checklist
 Modes of Implementation
2. Compliance Visit or Visit - validating
compliance of establishments with labor laws
and social legislations by the LLCO based on:
a. SEnA Referral pursuant to Section 7 of
Department Order No. 107, series of 2010; or
b. Complaint filed against an establishment and a
Visit has been directed by the Regional Director.
 Modes of Implementation
3. Occupational Safety and Health Standards
Investigation or Investigation - to determine
the existence of :
• imminent danger,
• dangerous occurrence
• and/or accident resulting to disabling injury or analogous
circumstances within the workplace
based on a report or information received from
concerned citizen or through media, telephone
call, electronic mail or any other source.
 Modes of Implementation
.
Types of OSH Investigations:

• Imminent Danger refers to a condition or practice in

any workplace that can be reasonably expected to
cause death or serious physical harm.

• Disabling Injury refers to a work injury which results

to death, permanent total disability, permanent partial
disability or temporary total disability.

• Plain View Violation refers to observable and

apparent OSHS violation.
 Modes of Implementation
. 4. Verification Assessment or Verification- a follow-up
assessment conducted in the following cases:
a. To validate compliance after ten (10) days period of
correction and/or the agreed OSH remediation period
which should not be more than three (3) months;

b. To validate abatement of the imminent danger after

the seventy two (72) hours mandatory conference; and

c. Other analogous circumstance that requires

validation from the LLCO to ensure compliance with labor
standards and occupational safety and health standards.
 Priority Establishments
• Engaged in hazardous work;
.
• Employing child employees;

• Engaged in contracting and subcon arrangements;

• Philippine registered ships or vessels engaged in

domestic shipping;

• Employing 10 or more employees; and

• Other priority establishments covered by subsequent

issuance
 Certification System
• Certificate of Compliance (COC valid for two years,
unless there is a complaint which would warrant the conduct
of a Compliance Visit; or, if there is imminent danger, or a fatal
accident, trigger the conduct of Occupational Health and
Safety Investigation.
• Incentivizing Compliance Program (ICP). Tripartite
Certificate of Compliance with Labor Standards (TCCLS), which
is valid for three years; for any of the four other certificates or
awards, namely,
– Gawad Kaligtasan at Kalusugan (GKK),
– Child Labor Free Establishment (CLFE),
– Labor Mgt. Council Awards,
– Productivity Olympics;
for the Secretary’s Award.