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REPUBLIC ACT NO. 11058
AN ACT STRENGTHENING COMPLIANCE W/ OCCUPATIONAL
SAFETY & HEALTH STANDARDS AND PROVIDING PENALTIES
FOR VIOLATIONS
ENGR. ELDREN V. BULANAN, RME, LPT
SEPTEMBER 22, 2018
OVERVIEW
INTRO 
OSH Statistics:
Global OSH Data: ILO Report
Annually:
• 337 million workers that are fall victims of work-
related accidents and diseases
(causing more than 4 days absence, or 4 man-days loss)
• 2.3 million died of other work-related accidents
(360,000) and diseases (1.95M)
OSH Statistics:
NSO Household Survey:
Annually:
• For every 100,000 workers, 700 received
injuries that stop them from working for about
a day
• Non-fatal injuries increase accordingly to age
OSH Statistics:
BWC-DOLE Mandatory OSH Report:
Annually:
• 2,586 accidents reported by 289 establishments
• 1,523 (59%) disabling injuries
• Total Days Lost : 121,624
• Estimated Economic Loss : P 66 Million
OSH Statistics: ELECTRICAL RELATED
• 1,000 deaths resulting from
electrical shock (roughly 40%)
• Handled either with ignorance
or disregard
• Electricity can become a real
killer
OSH Statistics:
Most Commonly Injured Workers:
• Male
• Married
• 26 - 30 years old
• with 1 - 5 years work experience
• assigned in the first shift
OSH Statistics:
OSH Issues and Concerns:
• Low compliance to OSH Standard
• Absence of Strict Penalties
• Inadequate number of OSH Personnel
• Lack of OSH Facilities
• Low priority given to OSH
• Lifestyle diseases:
• Smoking
• HIV or Aids
• Prohibited Drugs
Why OSH is important?
• Moral and Legal Responsibility
• Commitment
• A worker should not have to risk injury
or death at work
Why OSH is important?
• Because it provides corrective,
preventive and protective measures to
minimize accidents
• 98% of accidents are caused by unsafe
acts and unsafe conditions
• Safety is everybody’s concern and
responsibility
R.A. 11058
• This act which is a consolidation of House Bill No.
64 and Senate Bill No. 1317 was passed by the
House of Representatives and the Senate on May
22, 2018.
• Approved on August 17, 2018 by President Rodrigo
Roa Duterte
R.A. 11058
• OSH bill was first filed in 2004
• Which amends the 41-old Labor Code of the
Philippines which does not declare unlawful or
impose a fine for violations of the OSH.
• The signing of OSH bill into law is a resounding
victory to all workers.
• Expect DOLE to report a higher OSH compliance,
compared w/ 67-percent compliance rate in 2017.
R.A. 11058
SEVEN (7) CHAPTERS & THIRTY FIVE (35) SECTIONS
R.A. 11058
• Labor as primary social & economic force
• The State shall ensure a safe & healthful
workplace for all working people by
affording them full protection against all
hazards in their work.
• The State shall protect every worker
against injury, sickness or death through
a safe and healthful working conditions.
• The State, in protecting the safety and
health of the workers, shall promote
strict but dynamic, inclusive, and gender-
sensitive measures in formulations &
implementations of policies & programs.
DECLARATION OF POLICY
SECTION 1
CHAPTER I
R.A. 11058
• Certified First Aider
• Competency Standard
• Covered Workplace
• Employer
• Equipment
• General safety & health inspection
• Imminent danger
• Micro & Small Enterprises (MSEs)
DEFINITION OF TERMS
SECTION 3
GENERAL PROVISIONS
CHAPTER II
R.A. 11058
• Occupational health personnel
• Occupational Safety & Health (OSH)
• Safety & health audit
• Safety & health committee
• Safety & health program
• Safety officer
• Safety signage
• Workplace
DEFINITION OF TERMS
SECTION 3
GENERAL PROVISIONS
CHAPTER II
R.A. 11058
• Furnish the workers a place of
employment free from hazardous
conditions.
• Give complete job safety instruction &
orientation.
• Inform the workers of the hazards
associated with their work.
• Provide them training/seminars
• To provide Personal Protective Equipment
• Allow workers to participate in
organizing, planning, implementing &
evaluating hazards.
DUTIES OF EMPLOYERS, WORKERS &
OTHER PERSONS
SECTION 4
DUTIES & RIGHTS OF EMPLOYERS,
WORKERS & OTHER PERSONS
CHAPTER III
FOR EMPLOYERS
R.A. 11058
• Every worker shall participate in
ensuring compliance with OSH standards
in the workplace.
• The worker shall make use of all
safeguards & safety devices.
• Shall observe instructions to prevent
accidents or imminent danger.
• The worker shall observe the prescribed
steps to be taken in cases of emergency.
• Shall report to he supervisor any work
hazard that may be discovered in the
workplace.
DUTIES OF EMPLOYERS, WORKERS &
OTHER PERSONS
SECTION 4
DUTIES & RIGHTS OF EMPLOYERS,
WORKERS & OTHER PERSONS
CHAPTER III
FOR WORKERS
R.A. 11058
• All workers shall be informed about their
rights under the Occupational Safety and
Health Standard through the Health and
Safety Committee – Rule 1040
• Right to know about workplace hazards &
controls
• Right to participate in any decision about
their personal health & safety.
WORKERS’ RIGHT TO KNOW
SECTION 5
DUTIES & RIGHTS OF EMPLOYERS,
WORKERS & OTHER PERSONS
CHAPTER III
R.A. 11058
• All workers has the right of refusal to
work without treat or reprisal from the
employer.
• And also, workers should also be
responsible for their actions.
WORKERS’ RIGHT TO REFUSE UNSAFE
WORK
SECTION 6
DUTIES & RIGHTS OF EMPLOYERS,
WORKERS & OTHER PERSONS
CHAPTER III
R.A. 11058
• Workers & their representatives shall
have the right to report accidents,
dangerous occurrences, and hazards to
the:
-EMPLOYER
- DOLE
- OTHER CONCERN AGENCIES
WORKERS’ RIGHT TO REPORT
ACCIDENTS
SECTION 7
DUTIES & RIGHTS OF EMPLOYERS,
WORKERS & OTHER PERSONS
CHAPTER III
R.A. 11058
• Rule 1080 - Every employer shall at his
own expense furnish his workers with
protective equipment for the head, eyes,
hands, feet, body, shields and barriers
whenever necessary by reason of the
hazardous nature of the process or
operation.
R.A. 11058
• 1081.02 – All PPE shall be of approved
design and construction.
• 1081.03 – Employer shall be responsible
for the adequacy and maintenance of
PPE.
• 1081.04 – No person shall be subjected or
exposed to a hazardous environmental
condition without PPE.
WORKERS’ RIGHT TO PERSONAL
PROTECTIVE EQUIPMENT (PPE)
SECTION 8
DUTIES & RIGHTS OF EMPLOYERS,
WORKERS & OTHER PERSONS
CHAPTER III
R.A. 11058
 PPE’s are used along with guards,
engineering controls and sound work
practices.
 Supervisors are in best position to know
what PPE is needed.
 Supervisor to secure cooperation from
workers in the use of PPE thru education.
 Procure the best PPE to get favorable
response from workers.
WORKERS’ RIGHT TO PERSONAL
PROTECTIVE EQUIPMENT (PPE)
SECTION 8
DUTIES & RIGHTS OF EMPLOYERS,
WORKERS & OTHER PERSONS
CHAPTER III
R.A. 11058
 Mandatory provision of safety and
warning signs are reiterated not only for
the protection of workers, but also the
public in general. Signs should conform
with the standard requirements of the
OSH.
 Safety signage and devices shall be posted
in prominent positions at strategic
locations in the language understandable
to all.
SAFETY SIGNAGE AND DEVICES
SECTION 9
DUTIES & RIGHTS OF EMPLOYERS,
WORKERS & OTHER PERSONS
CHAPTER III
R.A. 11058
 Usage of PPE 4 Falling/ falling objects
 Explosives and flammable substances
 Tripping or slipping hazards
 Toxic or irritant airborne
contaminants/substances
 Electrical facility
 Dangerous moving parts of machines
 Fire alarms/ fire fighting
 Instructional signs/ Update of man-hours
lost
SAFETY SIGNAGE AND DEVICES
SECTION 9
DUTIES & RIGHTS OF EMPLOYERS,
WORKERS & OTHER PERSONS
CHAPTER III
R.A. 11058
 A specific guide for testing, transport,
erection and maintenance of heavy
equipment is formulated.
 All heavy equipment operators must be
tested and certified by TESDA, while
heavy equipment shall be tested by DOLE
recognized association/organizations.
 Daily routine inspection to be conducted
by duly certified mechanics/ operators,
routine inspection by DOLE accredited
professionals.
 Maintenance of a separate construction
logbook for each equipment .
SAFETY IN THE USE OF EQUIPMENT
SECTION 10
DUTIES & RIGHTS OF EMPLOYERS,
WORKERS & OTHER PERSONS
CHAPTER III
R.A. 11058
 A detailed safety and health information
system is included in the guidelines.
 These include orientation, instructions, and
training for workers; means of conveying
safety related information to all workers
and specialized instructions and trainings
for specialty workers and operators.
OCCUPATIONAL SAFETY & HEALTH
INFORMATION
SECTION 11
DUTIES & RIGHTS OF EMPLOYERS,
WORKERS & OTHER PERSONS
CHAPTER III
R.A. 11058
• Statement of commitment to comply
with OSH
• General safety & health, including
drug free workplace
• Human Immunodeficiency Virus
(HIV),AIDS,TB,HEPA prevention
• Safety & Health promotion
• Conduct of toolbox meetings
• Accident/incident/illness investigation,
recording & reporting
OCCUPATIONAL SAFETY & HEALTH
(OSH) PROGRAM
SECTION 12
COVERED WORKPLACES
CHAPTER IV
R.A. 11058
• Emergency preparedness & response
plan;
• Waste management system;
• The safety & health program shall be
prepared & executed by the employer,
contractor or sub-contractor,if any, in
consultation with the workers & their
representatives and shall be submitted
to DOLE.
OCCUPATIONAL SAFETY & HEALTH
(OSH) PROGRAM
SECTION 12
COVERED WORKPLACES
CHAPTER IV
R.A. 11058
• To ensure that the safety & health
program is observed and enforced, a
safety & health committee shall be
organized n covered workplaces.
OCCUPATIONAL SAFETY & HEALTH
(OSH) COMMITTE
SECTION 13
COVERED WORKPLACES
CHAPTER IV
• Safety and Health Committee Composition
• Chairperson: Project Manager/General Manager
• Secretary: Safety Officer
• Members: Three Members from the rank & file
• Health Personnel: Company Nurse/Physician
R.A. 11058
• Plan, develop and oversee the implementation of
accident prevention programs
• Direct accident prevention efforts in accordance
with rules/ program
• Conducts toolbox meetings everyday
• Review inspections and accident investigation
reports
• Prepare and submit to DOLE minutes of
committee meetings, work accidents and
illnesses, and other reporting requirements
• Assist government inspectors
• Initiate/ supervise safety and health training for
employees
• Develop and maintain a disaster contingency
plan
OCCUPATIONAL SAFETY & HEALTH
(OSH) COMMITTE
SECTION 13
COVERED WORKPLACES
CHAPTER IV
R.A. 11058
• Oversee the overall management of the
safety and health program;
• Frequently monitor & inspect any
health or safety aspect of the operation
being undertaken;
• Assist government inspectors in the
conduct of safety & health inspection
• Issue work stoppage orders when
necessary.
SAFETY OFFICER
SECTION 14
COVERED WORKPLACES
CHAPTER IV
R.A. 11058
• Workplaces shall have qualified
occupational health personnel such as
physicians, nurses, certified first-
aiders and dentist duly complemented
with the required medical supplies,
equipment and facilities.
OCCUPATIONAL HEALTH
PERSONNEL & FACILITIES
SECTION 15
COVERED WORKPLACES
CHAPTER IV
R.A. 11058
• All safety & health personnel shall
undergo the mandatory training on
BOSH for safety officer as prescribed
by the DOLE.
• All workers shall undergo the
mandatory 8 hours safety & health
seminar as required by the DOLE.
• All personnel engaged in the operation,
erection & dismantling of equipment &
scaffolds, structural erections etc. shall
undergo specialized instruction &
training.
SAFETY & HEALTH TRAINING
SECTION 16
COVERED WORKPLACES
CHAPTER IV
R.A. 11058
• All employers, contractors or
subcontractors, if any, shall submit all
safety and health reports, and
notifications prescribed by the DOLE.
OCCUPATIONAL SAFETY &
HEALTH REPORTS
SECTION 17
COVERED WORKPLACES
CHAPTER IV
R.A. 11058
• In order to professionalize, upgrade and
update the level of competence of
workers, the
Shall establish national competency
standards to prepare guidelines on
competency assessment & certification for
critical occupations.
WORKERS’ COMPETENCY
CERTIFICATION
SECTION 18
COVERED WORKPLACES
CHAPTER IV
• An occupation shall be considered critical when:
• - it affects the people’s lives and safety
• - handling of tools, equipment & supplies
• - job requires a long period of traning
• - job compromise the safety, health & environmental
concerns within the immediate vicinity of the
establishment.
R.A. 11058
• All establishments, projects sites and
all other places where work is being
undertaken shall have the following
welfare facilities in order to ensure
humane working conditions:
• Adequate;
WORKERS’ WELFARE
FACILITIES
SECTION 19
COVERED WORKPLACES
CHAPTER IV
R.A. 11058
• The total cost of implementing a duly
approved safety & health program
shall be an integral part of the
operations cost.
• It shall be a separate pay item in
construction and in all contracting or
subcontracting arrangements.
COST OF SAFETY & HEALTH
PROGRAM
SECTION 20
COVERED WORKPLACES
CHAPTER IV
R.A. 11058
• The employer, project owner, general
contractor, contractor or subcontractor,
if any, and any person who manages,
controls or supervises the work being
undertaken shall jointly and solidarily
liable for compliance with this act,.
EMPLOYER’S RESPONSIBILITY
& LIABILITY
SECTION 21
JOINT & SOLIDARY
LIABILITY
CHAPTER V
R.A. 11058
• The secretary of Labor & Employment
or the secretary’s authorized
representatives shall have the
authority to enforce the mandatory
occupational safety & health standards
in all establishments and conduct,
together with representatives from the
labor and the employer sectors, an
annual spot audit on compliance with
OSH standards.
VISITORIAL POWER OF THE
SECRETARY OF LABOR & EMPLOYMENT
SECTION 22
ENFORCEMENT OF OCCUPATIONAL
SAFETY & HEALTH STANDARDS
CHAPTER VI
R.A. 11058 • If stoppage of work due to imminent
danger occurs as a result of the
employer’s violation or fault, the
employer shall pay the workers
concerned their wages during the
period of such stoppage of work or
suspension of operations.
PAYMENT OF WORKERS DURING WORK
STOPPAGE DUE TO IMMINENT DANGER
SECTION 23
ENFORCEMENT OF OCCUPATIONAL
SAFETY & HEALTH STANDARDS
CHAPTER VI
R.A. 11058
• The authority to enforce mandatory
OSH standards may ne delegated by
the Secretary of Labor & Employment
to a competent government authority.
DELEGATION OF AUTHORITY
SECTION 24
ENFORCEMENT OF OCCUPATIONAL
SAFETY & HEALTH STANDARDS
CHAPTER VI
R.A. 11058
• Set & enforce mandatory OSH
standards to eliminate or reduce
occupational safety and health hazards
depending on the number of employees
of the establishment, the nature of its
business operations, and the risk or
hazards involved.
• Shall institute new, and updated
programs to ensure safe & healthy
working conditions in all workplaces
especially in hazardous industries such
as mining, fishing, construction, and
the maritime industry.
STANDARD SETTING POWER OF THE
SECRETARY OF LABOR & EMPLOYMENT
SECTION 25
ENFORCEMENT OF OCCUPATIONAL
SAFETY & HEALTH STANDARDS
CHAPTER VI
R.A. 11058
• A worker may file claims for
compensation benefit arising ou work-
related disability or death.
EMPLOYEE’S COMPENSATION CLAIM
SECTION 26
ENFORCEMENT OF OCCUPATIONAL
SAFETY & HEALTH STANDARDS
CHAPTER VI
R.A. 11058 • There shall be an establish package of
incentives under such rules and
regulations as may be promulgated by
the DOLE to qualified employers to
recognize their efforts toward ensuring
compliance with OSH.
INCENTIVES TO EMPLOYERS
SECTION 27
ENFORCEMENT OF OCCUPATIONAL
SAFETY & HEALTH STANDARDS
CHAPTER VI
R.A. 11058
• Willful failure or refusal of an
employer, contractor or subcontractor
to comply with the required
OSH…liable for the administrative
fine not exceeding to (100,000).
• False in any material aspect.
• Termination of employment, refusal to
pay against any worker who has given
information relative to the inspection
being conducted.
PROHIBITED ACTS
SECTION 28
ENFORCEMENT OF OCCUPATIONAL
SAFETY & HEALTH STANDARDS
CHAPTER VI
R.A. 11058 • Shall maintain an updated labor
inspection system of computerized
gathering and generation of real time
data on compliances, monitoring of
enforcement, and a system of
notification on workplace accidents
and injuries.
UPDATED DOLE COMPUTERIZED
LABOR LAW COMPLIANCE SYSTEM
SECTION 29
MISCELLANEOUS PROVISIONS
CHAPTER VII
R.A. 11058 • All MSEs shall be required to
implement the prescribed standards
for housekeeping, material & storage,
electrical and mechanical safety,
chemical safety, emergency
preparedness, fire safety & PPE.
APPLICABILITY TO MICRO &
SMALL ENTERPRISES (MSEs)
SECTION 30
MISCELLANEOUS PROVISIONS
CHAPTER VII
R.A. 11058 • The DOLE shall institute a mechanism
for coordination with;
• To monitor the effective
implementation of this act.
INTER-GOVERNMENTAL
COORDINATION & COOPERATION
SECTION 31
MISCELLANEOUS PROVISIONS
CHAPTER VII
R.A. 11058
• The Secretary of Labor & Employment,
in coordination with agencies
concerned, shall formulate the rules
and regulations within ninety (90)
days after the effectivity of this act.
IMPLEMENTING RULES &
REGULATIONS
SECTION 32
MISCELLANEOUS PROVISIONS
CHAPTER VII
R.A. 11058
• If any part, section or provision of this
Act shall be held invalid or
unconstitutional, the other provisions
not affected by such declaration shall
remain in full force and effect.
SEPARABILITY CLAUSE
SECTION 33
MISCELLANEOUS PROVISIONS
CHAPTER VII
R.A. 11058 • All laws, acts, decrees, executive
orders, rules and regulations or other
issuances or part thereof which are
inconsistent with this Act are hereby
modified or repealed.
REPEALING CLAUSE
SECTION 34
MISCELLANEOUS PROVISIONS
CHAPTER VII
R.A. 11058
• This Act shall take effect fifteen (15)
days after its publication in the Official
Gazette or in a newspaper of general
circulation.
EFFECTIVITY
SECTION 35
MISCELLANEOUS PROVISIONS
CHAPTER VII
Denm 334 osha legal management

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Denm 334 osha legal management

  • 1. REPUBLIC ACT NO. 11058 AN ACT STRENGTHENING COMPLIANCE W/ OCCUPATIONAL SAFETY & HEALTH STANDARDS AND PROVIDING PENALTIES FOR VIOLATIONS ENGR. ELDREN V. BULANAN, RME, LPT SEPTEMBER 22, 2018
  • 3. OSH Statistics: Global OSH Data: ILO Report Annually: • 337 million workers that are fall victims of work- related accidents and diseases (causing more than 4 days absence, or 4 man-days loss) • 2.3 million died of other work-related accidents (360,000) and diseases (1.95M)
  • 4. OSH Statistics: NSO Household Survey: Annually: • For every 100,000 workers, 700 received injuries that stop them from working for about a day • Non-fatal injuries increase accordingly to age
  • 5. OSH Statistics: BWC-DOLE Mandatory OSH Report: Annually: • 2,586 accidents reported by 289 establishments • 1,523 (59%) disabling injuries • Total Days Lost : 121,624 • Estimated Economic Loss : P 66 Million
  • 6. OSH Statistics: ELECTRICAL RELATED • 1,000 deaths resulting from electrical shock (roughly 40%) • Handled either with ignorance or disregard • Electricity can become a real killer
  • 7. OSH Statistics: Most Commonly Injured Workers: • Male • Married • 26 - 30 years old • with 1 - 5 years work experience • assigned in the first shift
  • 8. OSH Statistics: OSH Issues and Concerns: • Low compliance to OSH Standard • Absence of Strict Penalties • Inadequate number of OSH Personnel • Lack of OSH Facilities • Low priority given to OSH • Lifestyle diseases: • Smoking • HIV or Aids • Prohibited Drugs
  • 9. Why OSH is important? • Moral and Legal Responsibility • Commitment • A worker should not have to risk injury or death at work
  • 10. Why OSH is important? • Because it provides corrective, preventive and protective measures to minimize accidents • 98% of accidents are caused by unsafe acts and unsafe conditions • Safety is everybody’s concern and responsibility
  • 11. R.A. 11058 • This act which is a consolidation of House Bill No. 64 and Senate Bill No. 1317 was passed by the House of Representatives and the Senate on May 22, 2018. • Approved on August 17, 2018 by President Rodrigo Roa Duterte
  • 12. R.A. 11058 • OSH bill was first filed in 2004 • Which amends the 41-old Labor Code of the Philippines which does not declare unlawful or impose a fine for violations of the OSH. • The signing of OSH bill into law is a resounding victory to all workers. • Expect DOLE to report a higher OSH compliance, compared w/ 67-percent compliance rate in 2017.
  • 13. R.A. 11058 SEVEN (7) CHAPTERS & THIRTY FIVE (35) SECTIONS
  • 14. R.A. 11058 • Labor as primary social & economic force • The State shall ensure a safe & healthful workplace for all working people by affording them full protection against all hazards in their work. • The State shall protect every worker against injury, sickness or death through a safe and healthful working conditions. • The State, in protecting the safety and health of the workers, shall promote strict but dynamic, inclusive, and gender- sensitive measures in formulations & implementations of policies & programs. DECLARATION OF POLICY SECTION 1 CHAPTER I
  • 15. R.A. 11058 • Certified First Aider • Competency Standard • Covered Workplace • Employer • Equipment • General safety & health inspection • Imminent danger • Micro & Small Enterprises (MSEs) DEFINITION OF TERMS SECTION 3 GENERAL PROVISIONS CHAPTER II
  • 16. R.A. 11058 • Occupational health personnel • Occupational Safety & Health (OSH) • Safety & health audit • Safety & health committee • Safety & health program • Safety officer • Safety signage • Workplace DEFINITION OF TERMS SECTION 3 GENERAL PROVISIONS CHAPTER II
  • 17. R.A. 11058 • Furnish the workers a place of employment free from hazardous conditions. • Give complete job safety instruction & orientation. • Inform the workers of the hazards associated with their work. • Provide them training/seminars • To provide Personal Protective Equipment • Allow workers to participate in organizing, planning, implementing & evaluating hazards. DUTIES OF EMPLOYERS, WORKERS & OTHER PERSONS SECTION 4 DUTIES & RIGHTS OF EMPLOYERS, WORKERS & OTHER PERSONS CHAPTER III FOR EMPLOYERS
  • 18. R.A. 11058 • Every worker shall participate in ensuring compliance with OSH standards in the workplace. • The worker shall make use of all safeguards & safety devices. • Shall observe instructions to prevent accidents or imminent danger. • The worker shall observe the prescribed steps to be taken in cases of emergency. • Shall report to he supervisor any work hazard that may be discovered in the workplace. DUTIES OF EMPLOYERS, WORKERS & OTHER PERSONS SECTION 4 DUTIES & RIGHTS OF EMPLOYERS, WORKERS & OTHER PERSONS CHAPTER III FOR WORKERS
  • 19. R.A. 11058 • All workers shall be informed about their rights under the Occupational Safety and Health Standard through the Health and Safety Committee – Rule 1040 • Right to know about workplace hazards & controls • Right to participate in any decision about their personal health & safety. WORKERS’ RIGHT TO KNOW SECTION 5 DUTIES & RIGHTS OF EMPLOYERS, WORKERS & OTHER PERSONS CHAPTER III
  • 20. R.A. 11058 • All workers has the right of refusal to work without treat or reprisal from the employer. • And also, workers should also be responsible for their actions. WORKERS’ RIGHT TO REFUSE UNSAFE WORK SECTION 6 DUTIES & RIGHTS OF EMPLOYERS, WORKERS & OTHER PERSONS CHAPTER III
  • 21. R.A. 11058 • Workers & their representatives shall have the right to report accidents, dangerous occurrences, and hazards to the: -EMPLOYER - DOLE - OTHER CONCERN AGENCIES WORKERS’ RIGHT TO REPORT ACCIDENTS SECTION 7 DUTIES & RIGHTS OF EMPLOYERS, WORKERS & OTHER PERSONS CHAPTER III
  • 22. R.A. 11058 • Rule 1080 - Every employer shall at his own expense furnish his workers with protective equipment for the head, eyes, hands, feet, body, shields and barriers whenever necessary by reason of the hazardous nature of the process or operation.
  • 23. R.A. 11058 • 1081.02 – All PPE shall be of approved design and construction. • 1081.03 – Employer shall be responsible for the adequacy and maintenance of PPE. • 1081.04 – No person shall be subjected or exposed to a hazardous environmental condition without PPE. WORKERS’ RIGHT TO PERSONAL PROTECTIVE EQUIPMENT (PPE) SECTION 8 DUTIES & RIGHTS OF EMPLOYERS, WORKERS & OTHER PERSONS CHAPTER III
  • 24. R.A. 11058  PPE’s are used along with guards, engineering controls and sound work practices.  Supervisors are in best position to know what PPE is needed.  Supervisor to secure cooperation from workers in the use of PPE thru education.  Procure the best PPE to get favorable response from workers. WORKERS’ RIGHT TO PERSONAL PROTECTIVE EQUIPMENT (PPE) SECTION 8 DUTIES & RIGHTS OF EMPLOYERS, WORKERS & OTHER PERSONS CHAPTER III
  • 25. R.A. 11058  Mandatory provision of safety and warning signs are reiterated not only for the protection of workers, but also the public in general. Signs should conform with the standard requirements of the OSH.  Safety signage and devices shall be posted in prominent positions at strategic locations in the language understandable to all. SAFETY SIGNAGE AND DEVICES SECTION 9 DUTIES & RIGHTS OF EMPLOYERS, WORKERS & OTHER PERSONS CHAPTER III
  • 26. R.A. 11058  Usage of PPE 4 Falling/ falling objects  Explosives and flammable substances  Tripping or slipping hazards  Toxic or irritant airborne contaminants/substances  Electrical facility  Dangerous moving parts of machines  Fire alarms/ fire fighting  Instructional signs/ Update of man-hours lost SAFETY SIGNAGE AND DEVICES SECTION 9 DUTIES & RIGHTS OF EMPLOYERS, WORKERS & OTHER PERSONS CHAPTER III
  • 27. R.A. 11058  A specific guide for testing, transport, erection and maintenance of heavy equipment is formulated.  All heavy equipment operators must be tested and certified by TESDA, while heavy equipment shall be tested by DOLE recognized association/organizations.  Daily routine inspection to be conducted by duly certified mechanics/ operators, routine inspection by DOLE accredited professionals.  Maintenance of a separate construction logbook for each equipment . SAFETY IN THE USE OF EQUIPMENT SECTION 10 DUTIES & RIGHTS OF EMPLOYERS, WORKERS & OTHER PERSONS CHAPTER III
  • 28. R.A. 11058  A detailed safety and health information system is included in the guidelines.  These include orientation, instructions, and training for workers; means of conveying safety related information to all workers and specialized instructions and trainings for specialty workers and operators. OCCUPATIONAL SAFETY & HEALTH INFORMATION SECTION 11 DUTIES & RIGHTS OF EMPLOYERS, WORKERS & OTHER PERSONS CHAPTER III
  • 29. R.A. 11058 • Statement of commitment to comply with OSH • General safety & health, including drug free workplace • Human Immunodeficiency Virus (HIV),AIDS,TB,HEPA prevention • Safety & Health promotion • Conduct of toolbox meetings • Accident/incident/illness investigation, recording & reporting OCCUPATIONAL SAFETY & HEALTH (OSH) PROGRAM SECTION 12 COVERED WORKPLACES CHAPTER IV
  • 30. R.A. 11058 • Emergency preparedness & response plan; • Waste management system; • The safety & health program shall be prepared & executed by the employer, contractor or sub-contractor,if any, in consultation with the workers & their representatives and shall be submitted to DOLE. OCCUPATIONAL SAFETY & HEALTH (OSH) PROGRAM SECTION 12 COVERED WORKPLACES CHAPTER IV
  • 31. R.A. 11058 • To ensure that the safety & health program is observed and enforced, a safety & health committee shall be organized n covered workplaces. OCCUPATIONAL SAFETY & HEALTH (OSH) COMMITTE SECTION 13 COVERED WORKPLACES CHAPTER IV • Safety and Health Committee Composition • Chairperson: Project Manager/General Manager • Secretary: Safety Officer • Members: Three Members from the rank & file • Health Personnel: Company Nurse/Physician
  • 32. R.A. 11058 • Plan, develop and oversee the implementation of accident prevention programs • Direct accident prevention efforts in accordance with rules/ program • Conducts toolbox meetings everyday • Review inspections and accident investigation reports • Prepare and submit to DOLE minutes of committee meetings, work accidents and illnesses, and other reporting requirements • Assist government inspectors • Initiate/ supervise safety and health training for employees • Develop and maintain a disaster contingency plan OCCUPATIONAL SAFETY & HEALTH (OSH) COMMITTE SECTION 13 COVERED WORKPLACES CHAPTER IV
  • 33. R.A. 11058 • Oversee the overall management of the safety and health program; • Frequently monitor & inspect any health or safety aspect of the operation being undertaken; • Assist government inspectors in the conduct of safety & health inspection • Issue work stoppage orders when necessary. SAFETY OFFICER SECTION 14 COVERED WORKPLACES CHAPTER IV
  • 34. R.A. 11058 • Workplaces shall have qualified occupational health personnel such as physicians, nurses, certified first- aiders and dentist duly complemented with the required medical supplies, equipment and facilities. OCCUPATIONAL HEALTH PERSONNEL & FACILITIES SECTION 15 COVERED WORKPLACES CHAPTER IV
  • 35. R.A. 11058 • All safety & health personnel shall undergo the mandatory training on BOSH for safety officer as prescribed by the DOLE. • All workers shall undergo the mandatory 8 hours safety & health seminar as required by the DOLE. • All personnel engaged in the operation, erection & dismantling of equipment & scaffolds, structural erections etc. shall undergo specialized instruction & training. SAFETY & HEALTH TRAINING SECTION 16 COVERED WORKPLACES CHAPTER IV
  • 36. R.A. 11058 • All employers, contractors or subcontractors, if any, shall submit all safety and health reports, and notifications prescribed by the DOLE. OCCUPATIONAL SAFETY & HEALTH REPORTS SECTION 17 COVERED WORKPLACES CHAPTER IV
  • 37. R.A. 11058 • In order to professionalize, upgrade and update the level of competence of workers, the Shall establish national competency standards to prepare guidelines on competency assessment & certification for critical occupations. WORKERS’ COMPETENCY CERTIFICATION SECTION 18 COVERED WORKPLACES CHAPTER IV • An occupation shall be considered critical when: • - it affects the people’s lives and safety • - handling of tools, equipment & supplies • - job requires a long period of traning • - job compromise the safety, health & environmental concerns within the immediate vicinity of the establishment.
  • 38. R.A. 11058 • All establishments, projects sites and all other places where work is being undertaken shall have the following welfare facilities in order to ensure humane working conditions: • Adequate; WORKERS’ WELFARE FACILITIES SECTION 19 COVERED WORKPLACES CHAPTER IV
  • 39. R.A. 11058 • The total cost of implementing a duly approved safety & health program shall be an integral part of the operations cost. • It shall be a separate pay item in construction and in all contracting or subcontracting arrangements. COST OF SAFETY & HEALTH PROGRAM SECTION 20 COVERED WORKPLACES CHAPTER IV
  • 40. R.A. 11058 • The employer, project owner, general contractor, contractor or subcontractor, if any, and any person who manages, controls or supervises the work being undertaken shall jointly and solidarily liable for compliance with this act,. EMPLOYER’S RESPONSIBILITY & LIABILITY SECTION 21 JOINT & SOLIDARY LIABILITY CHAPTER V
  • 41. R.A. 11058 • The secretary of Labor & Employment or the secretary’s authorized representatives shall have the authority to enforce the mandatory occupational safety & health standards in all establishments and conduct, together with representatives from the labor and the employer sectors, an annual spot audit on compliance with OSH standards. VISITORIAL POWER OF THE SECRETARY OF LABOR & EMPLOYMENT SECTION 22 ENFORCEMENT OF OCCUPATIONAL SAFETY & HEALTH STANDARDS CHAPTER VI
  • 42. R.A. 11058 • If stoppage of work due to imminent danger occurs as a result of the employer’s violation or fault, the employer shall pay the workers concerned their wages during the period of such stoppage of work or suspension of operations. PAYMENT OF WORKERS DURING WORK STOPPAGE DUE TO IMMINENT DANGER SECTION 23 ENFORCEMENT OF OCCUPATIONAL SAFETY & HEALTH STANDARDS CHAPTER VI
  • 43. R.A. 11058 • The authority to enforce mandatory OSH standards may ne delegated by the Secretary of Labor & Employment to a competent government authority. DELEGATION OF AUTHORITY SECTION 24 ENFORCEMENT OF OCCUPATIONAL SAFETY & HEALTH STANDARDS CHAPTER VI
  • 44. R.A. 11058 • Set & enforce mandatory OSH standards to eliminate or reduce occupational safety and health hazards depending on the number of employees of the establishment, the nature of its business operations, and the risk or hazards involved. • Shall institute new, and updated programs to ensure safe & healthy working conditions in all workplaces especially in hazardous industries such as mining, fishing, construction, and the maritime industry. STANDARD SETTING POWER OF THE SECRETARY OF LABOR & EMPLOYMENT SECTION 25 ENFORCEMENT OF OCCUPATIONAL SAFETY & HEALTH STANDARDS CHAPTER VI
  • 45. R.A. 11058 • A worker may file claims for compensation benefit arising ou work- related disability or death. EMPLOYEE’S COMPENSATION CLAIM SECTION 26 ENFORCEMENT OF OCCUPATIONAL SAFETY & HEALTH STANDARDS CHAPTER VI
  • 46. R.A. 11058 • There shall be an establish package of incentives under such rules and regulations as may be promulgated by the DOLE to qualified employers to recognize their efforts toward ensuring compliance with OSH. INCENTIVES TO EMPLOYERS SECTION 27 ENFORCEMENT OF OCCUPATIONAL SAFETY & HEALTH STANDARDS CHAPTER VI
  • 47. R.A. 11058 • Willful failure or refusal of an employer, contractor or subcontractor to comply with the required OSH…liable for the administrative fine not exceeding to (100,000). • False in any material aspect. • Termination of employment, refusal to pay against any worker who has given information relative to the inspection being conducted. PROHIBITED ACTS SECTION 28 ENFORCEMENT OF OCCUPATIONAL SAFETY & HEALTH STANDARDS CHAPTER VI
  • 48. R.A. 11058 • Shall maintain an updated labor inspection system of computerized gathering and generation of real time data on compliances, monitoring of enforcement, and a system of notification on workplace accidents and injuries. UPDATED DOLE COMPUTERIZED LABOR LAW COMPLIANCE SYSTEM SECTION 29 MISCELLANEOUS PROVISIONS CHAPTER VII
  • 49. R.A. 11058 • All MSEs shall be required to implement the prescribed standards for housekeeping, material & storage, electrical and mechanical safety, chemical safety, emergency preparedness, fire safety & PPE. APPLICABILITY TO MICRO & SMALL ENTERPRISES (MSEs) SECTION 30 MISCELLANEOUS PROVISIONS CHAPTER VII
  • 50. R.A. 11058 • The DOLE shall institute a mechanism for coordination with; • To monitor the effective implementation of this act. INTER-GOVERNMENTAL COORDINATION & COOPERATION SECTION 31 MISCELLANEOUS PROVISIONS CHAPTER VII
  • 51. R.A. 11058 • The Secretary of Labor & Employment, in coordination with agencies concerned, shall formulate the rules and regulations within ninety (90) days after the effectivity of this act. IMPLEMENTING RULES & REGULATIONS SECTION 32 MISCELLANEOUS PROVISIONS CHAPTER VII
  • 52. R.A. 11058 • If any part, section or provision of this Act shall be held invalid or unconstitutional, the other provisions not affected by such declaration shall remain in full force and effect. SEPARABILITY CLAUSE SECTION 33 MISCELLANEOUS PROVISIONS CHAPTER VII
  • 53. R.A. 11058 • All laws, acts, decrees, executive orders, rules and regulations or other issuances or part thereof which are inconsistent with this Act are hereby modified or repealed. REPEALING CLAUSE SECTION 34 MISCELLANEOUS PROVISIONS CHAPTER VII
  • 54. R.A. 11058 • This Act shall take effect fifteen (15) days after its publication in the Official Gazette or in a newspaper of general circulation. EFFECTIVITY SECTION 35 MISCELLANEOUS PROVISIONS CHAPTER VII