Republic Act No. 11058 an Act Strengthening Compliance with Occupational Safety and Health Standards and Providing Penalties for Violations Thereof

(a) Certified first-aider refers to any person trained and to provide occupational health services in the establishment, duly certified to administer first aid by the Philippine Red Cross project, site or workplace; or any organization authorized by the Secretary of Labor and G) Occupational Safety and Health (OSH) standards Employment; refer to the Occupational Safety and Health Standards

(b) Competency st.andards refer to industry-determined issued by the Secretary of Labor and Employment pursuant to Articles 168 and 171, Chapter 2, Title I of Book Four specification of proficiency required for effective work of Presidential Decree No. 442, as amended, otherwise known performance. These are expressed as outcomes with focus as the Labor Code of the Philippines, and such other standards on workplace activity rather than training or personal attributes, and the ability to apply new skills in new situations as may be issued pursuant to this Act; or changing work organization; 4 5 (k) Safety and health audit refers to a regular and critical examination of project sites, safety programs, records, and (2) Give complete job safety instructions or orientation management performance on program standards on safety and to all the workers especially to those entering the job for the first health; time, including those relating to familiarization with their work environment; (1) Safety and health committee refers to a body created within the workplace tasked with the authority to monitor, inspect (3) Inform the workers of the hazards associated with and investigate all aspects of the work pertaining to the safety their work, health risks involved or to which they are and health of workers; exposed to, preventive measures to eliminate or minimize the risks, and steps to be taken in cases of emergency; (m) Safety and health program refers to a set of detailed rules to govern the processes and practices in all economic (4) Use only approved devices and equipment for the activities to conform with OSH standards, including the workplace; personnel responsible, and penalties for any violation thereof; (5) Comply with OSH standards including training, (n) Safety officer refers to any employee or officer of the medical examination and, where necessary, provision of protective company trained by the Department of Labor and Employment and safety devices such as personal protective equipment (PPE) (DOLE) and tasked by the employer to implement an occupational and machine guards; safety and health program, and ensure that it is in accordance with the provisions of OSH standards; (6) Allow workers and their safety and health representatives to participate actively in the process of (o) Safety signage refers to any emergency, warning or organizing, planning, implementing and evaluating the safety danger signpost or any safety instruction using the standard and health program to improve safety and health in the colors and sizes, including the standard symbols for safety workplace; and instructions and warnings in the workplace, prescribed by the (7) Provide, where necessary. for measures to deal with DOLE;and emergencies and accidents including first-aid arrangements. (p) Workplace refers to any site or location where workers (b) Every worker sh all participate in ensuring need to be or to go to by reason of their work, and which are under the direct or indirect control of the employer. compliance with OSH standards in the workplace. The worker shall make proper use of all safeguards and safety devices CHAPTER III furnished for the worker's protection and that of others, and shall observe instructions to prevent accidents or imminent DUTIES AND RIGHTS OF EMPLOYERS, WORKERS danger situations in the workplace. The worker shall observe AND OTHER PERSONS the prescribed steps to be taken in cases of emergency. SEC. 4. Duties of Employers, Workers and Other The worker shall report to the supervisor any work hazard Persons. - that may be discovered in the workplace. (a) Every employer, contractor or subcontractor, if any, (c) It shall be the duty of any person, including the· and any person who manages, controls or supervises the work builder or contractor who visits, builds, renovates or installs being undertaken shall: devices or conducts business in any establishment or workplace, (1) Furnish the workers a place of employment free to comply with the provisions of this Act and all other regulations from hazardous conditions that are causing or are likely to issued by the Secretary of Labor and Employment. cause death, illness or physical harm to the workers; 6 7 (d) Whenever two (2) or more undertakings are engaged in activities simultaneously in one (1) workplace, it shall be the places where work is being undertaken shall be based on the duty of all engaged to collaborate in the application of OSH evaluation and recommendation of the safety officer. standards and regulations. SEC. 9. Safety Signage and Devices. - All SEC. 5. Workers' Right to Know. - The right to safety establishments, projects, sites and all other places where and health at work shall be guaranteed. All workers shall be work is being undertaken shall have safety signage and appropriately informed by the employer about all types of devices to warn the workers and the public of the hazards hazards in the workplace, provided access to training and in the workplace. Safety signage and devices shall be posted education on chemical safety, and to orientation on the data in prominent positions at strategic locations in a language sheet of chemical safety, electrical safety, mechanical safety, and understandable to all, and in accordance with the st andards ergonomical safety. set by the DOLE . SEC. 6. Workers' Right to Refuse Unsafe Work. - The SEC. 10. Safety in the Use of Equipment. - In relation worker has the right of refusal to work without threat or reprisal to the use of equipment, the employer, contractor or from the employer if, as determined by the DOLE, an imminent subcontractor, if any, must comply with the DOLE requirements danger situation exists in the workplace that may result in illness, in the different phases of the company or project operation injury or death, and corrective actions to eliminate the danger including the transport to and from the establishment, project, have not been undertaken by the employer. site or place where work is being undertaken. SEC. 7. Workers' Right to Report Accidents. - Workers SEC. 11. Occupational Safety and Health Information. - and their representatives shall have the right to report Workers in all establishments, projects, sites and all other accidents, dangerous occurrences, and hazards to the employer, places where work is being undertaken shall be provided to the DOLE and to other concerned government agencies adequate and suitable information by the employer, contractor exercising jurisdiction as the competent authority in the or subcontractor, if any, on safety and health hazards, and the specific industry or economic activity. appropriate measures, including the probable location of workers, for the prevention, control and protection against SEC 8. Workers' Right to Personal Protective Equ1:pment those hazards. (PPE). - Every employer, contractor or subcontractor, if any, CHAPTER IV shall provide his workers, free of charge, protective equipment for their eyes, face, hands and feet, and lifeline, safety belt or COVERED WORKPLACES harness, gas or dust respirators or masks, and protective shields whenever necessary by reason of the hazardous work SEC. 12. Occupational Safety and Health (OSH) Program. process or environment, chemical, radiological, mechanical and Covered workplaces shall have a safety and health program other irritants or hazards capable of causing injury or impairment including the following policies, guidelines or information: in the function of any part of the body through absorption, (a) Statement of commitment to comply with OSH inhalation or physical contact . The cost of the PPE shall be part requirements; of the safety and health program which is a separate pay item pursuant to Section 20 of this Act. (b) General safety and health, including a drug-free workplace; All PPE shall be of the appropriate type as tested and approved by the DOLE based on its standards. The usage of (c) Human Immunodeficiency Vixus (HIV) and Acquired PPE in all establishments, projects, sites and all other Immune Deficiency Syndrome (AIDS)/tuberculosis/hepatitis prevention and control; 8 9 (d) Company or project details; (b) Safety officer of the company or project as the secretary; (e) Composition and duties of the safety and health

(c) Safety officers representing the contractor or committee; subcontractor, as the case may be, as members; (f) Occupational safety and health personnel and facilities;

(d) Physicians, nurses, certified first-aiders, and dentists (g) Safety and health promotion, training and education; as members, ex officio, if applicable; and (h) Conduct of toolbox meetings; (e) Workers' representatives who shall come from the union if the workers are organized or elected by t he workers (i) Accident/incident/illness investigation, recording and through a simple majority vote if they ar e unor ganized, as reporting; members. G) Provision and use of PPE; The committee shall effectively plan, develop, oversee and (k) Provision of safety signage; monitor the implementation of the safety and health program. (1) Dust control and management, and regulations on SEC. 14. Safety Officer. - To ensure that a safety and activities such as building of temporary structures, and lifting health program is duly followed and enforced, covered worh.--places and operation of electrical, mechanical, communications systems shall have safety officers who shall: and other equipment; (a) Oversee the overall management of the safety and (m) Provision of workers' welfare facilities; health program; (n) Emergency preparedness and response plan; (b) .Frequently monitor and inspect any health or safety aspect of the operation being undertaken; (o) Waste management system; and (c) Assist government inspectors in the conduct of (p) Prohibited acts and penalties for violations. safety and health inspection at any time whenever work The safety and health program shall be prepared and is being performed or during the conduct of an accident executed by the employer, contractor or subcontractor, if any, investigation; and in consultation with the workers and their representatives, (d) Jssue work stoppage orders when necessary. and shall be submitted to the DOLE which shall approve, disapprove or modify the same according to existing laws, The number and qualification of safety officers shall be rules and regulations, and other issuances. proportionate to the total number of workers and equipment, the size of the work area and such other criteria as may be prescribed The approved safety and health program shall be by the DOLE. communicated and be made readily available to all persons in the workplace. In the case of a contractor or subcontractor, a safety officer must be deployed at each specific area of operations to SEC. 13. Occupational Safety and Health (OSH) oversee the management of the safety and health program of Committee. - To ensure that the safety and health program is its own workforce. observed and enforced, a safety and health committee shall be or ganized in covered workplaces composed of the following: SEC. 15. Occupational Health Personnel and Facilities. - Covered workplaces shall have qualified occupational health (a) Employer or a representative as the chairperson, personnel such as physicians, nurses, certified first-aiders, ex officio; .. , l.l and dentists duly complemented with the required medical An occupation shall be considered critical when: supplies, equipment and facilities. The number of health personnel, equipment and facilities, and the amount of supplies (a) The performance of a job affects the people's lives and shall be proportionate to the total number of workers and safety; the risk or hazard involved, the ideal ratio of which shall be (b) The job involves the handling of tools, equipment and prescribed by the DOLE. supplies; SEC. 16. Safety and Health Training. - (c) The job requires a relatively long period of education and training; and (a) All safety and health personnel shall undergo the mandatory training on basic occupational safety and health for (d) The perfor mance of the job may compromise the safety officers as prescribed by the DOLE. safety , health and environmental concerns within the immediate vicinity of the establishment. (b) All workers shall undergo the mandatory eight (8) hours safety and health seminar as required by the DOLE SEC. 19. Worhers' WelfareFacilities. -Allestablishments, which shall include a portion on joint employer-employee projects, sites and all other places where work is being orientation. undertaken shall have the following welfare facilities in (c) All personnel engaged in the operation, erection and order to ensure humane working conditions: dismantling of equipment and scaffolds, structural erections, (a) Adequate supply of safe drinking water; excavations, blasting operations, demolition, confined spaces, hazardous chemicals, welding, and flame cutting shall (b) Adequate sanitary and washing facilities; undergo specialized instruction and training on the said (c) Suitable living accommodation for workers. as n~ay bE' activities. applicable; and SEC. 17. Occupational Safety and Health Reports. - (d) Separate sanitary, washing and sleeping facilities All employers, contractors or subcontractors, if any, shall for men and women workers as may be applicable. submit all safety and health reports, and notifications prescribed by the DOLE. SEC. 20. Cost of Safety and Health Program. - The total cost of implementing a duly approved safety and health SEC. 18. Workers' Competency Certification. - In order program shall be an integral part of the operations cost. It shall to professionalize, upgrade and update the level of be a separate pay item in construction and in all contracting competence of workers, the Technical Education and or subcontracting arrangements. Skills Development Authority (TESDA) or the Professional Regulation Commission (PRC), as the case may be, shall CHAPTER V establish national competency standards and prepare JOINT AND SOLIDARY LIABILITY guidelines on competency assessment and certification for critical occupations. In this regard, all critical occupations SEC. 21. Employer's Responsibility and Liability. - The shall undergo the mandatory competency assessment and employer, project owner, general contractor, contractor or certification by the TESDA. subcontractor, if any, and any person who manages, controls or supervises the work being undertaken shall be jointly and solidarily liable for compliance with this Act . 12 13 CHAPTER VI or person authorized by the DOLE to enforce compliance with OSH standards shall present proper identification upon ENFORCEMENT OF OCCUPATIONAL SAFETY request, and such inspector or person shall only act within AND HEALTH STANDARDS the authority or direction given by the Secretary of Labor SEC. 22. Visitorial Power of the Secretary of Labor and and Employment. Employment. - Pursuant to Article 128 of the Labor Code The Secretary of Labor and Employment or the of the Philippines and other applicable laws, the Secretary Secretary's duly authorized representatives shall of Labor and Employment or the Secretary's authorized inspect establishments and w~rkplaces regardless of the representatives shall have the authority to enforce the size and nature of operation. Any kind of self-assessment mandatory occupational safety and health standards in all shall not take the place of labor inspection conducted by the establishments and conduct, together with representatives DOLE. However, chartered cities may be allowed to conduct from the labor and the employer sectors, an annual spot audit industrial safety inspections of establishments within their on compliance with OSH standards. The Secretary or the jurisdiction in coordination with the DOLE: Provided, That Secretary's duly authorized representatives can enter workplaces they have adequate facilities and competent personnel for the at any time of the day or night where work is being performed purpose as determined by the DOLE, and subject to national to examine records and investigate facts, conditions or standards established by t he latter. matters necessary to determine compliance with the provisions SEC. 23. Payment of Workers During Work Stoppage of this Act. Due to Imminent Danger. - If stoppage of work due to imminent No person or entity shall obstruct, impede, delay or danger occurs as a result of the employer's violation or fault, otherwise render ineffective the orders of the Secretary of the employer shall pay the workers concerned their wages Labor and Employment or the Secretary's duly authorized during the period of such stoppage of work or suspension of representatives issued pursuant to the authority granted operations. For purposes of payment of wages and any other under Article 128 of the Labor Code of the Philippines, and liabilities arising from a work stoppage order, the employer no lower court or entity shall issue temporary or permanent is presumed a party at fault if the work stoppage order is injunction or restraining order or otherwise assume issued secondary to an imminent d anger situation which jurisdiction over any case involving the enforcement orders. would imperil the lives of the workers. The Secretary of Labor and Employment may likewise SEC. 24. Delegation of Authority. - The authority to order stoppage of work or suspension of operations of any enforce mandatory OSH standards may be delegated by unit or department of an establishment when noncompliance the Secretary of Labor and Employment to a competent with law or implementing rules and regulations poses grave government authority. and imminent danger to the health and safety of workers in the workplace. SEC. 25. Standards Setting Power of the Secretary of Labor and Employment. - The Secretary of Labor and The procedure for inspecting work premises, notifying Employment shall, in consultation with the other concerned employers of violations, and issuing compliance or stoppage government agencies and relevant stakeholders, by appropriate orders shall be pursuant to the procedure laid down in Article orders, set and enforce mandatory OSH standards to 128 of the Labor Code of the Philippines as implemented eliminate or reduce occupational safety and health hazards through relevant regulations issued by the DOLE on depending on the number of employees of the establishment, administration and enforcement of labor laws. The inspector the nature of its business operations, and the risk or hazard involved. 15 JA engages in any of the following acts to aid, conceal or The Secretary shall also institute new, and update facilitate such noncompliance shall be liable for a existing programs to ensure safe and healthy working maximum of One hundred thousand pesos (Pl00,000.00) conditions in all workplaces especially in hazardous administrative fine separate from the daily fine imposed above: industries such as mining, fishing, construction, and the maritime industry. (1) Repeated obstruction, delay or refusal to provide the Secretary of Labor and Employment or any of its authorized SEC. 26. Employee's Compensation Claim. - A worker representatives access to the covered workplace or refusal may file claims for compensation benefit arising out of to provide or allow access to relevant records and documents work-related disability or death. Such claims shall be or obstruct the conduct of investigation of any fact necessary processed independently of the finding of fault, gross in determining compliance with OSH standards; negligence or bad faith of the employer in a proceeding instituted for the purpose. (2) Misrepresentation in relation to adherence to OSH standards, knowing such statement, report or record SEC. 27. Incentives to Employers. - There shall be an submitted to the DOLE to be false in any material aspect; established package of incentives under such rules and regulations as may be promulgated by the DOLE to qualified (3) Making retaliatory measures such as termination employers to recognize their efforts toward ensuring of employment, refusal to pay, reducing wages and benefits compliance with OSH and general labor standards such or in any manner discriminates against any worker who has as OSH training packages, additional protective equipment, given information relative to the inspection being conducted. technical guidance, recognition awards and other similar For this purpose, the Secretary of Labor and Employment, incentives. in consultation with relevant stakeholders, shall issue a list of SEC. 28. Prohibited Acts. - The following are considered offenses with corresponding reasonable administrative fines as prohibited acts: depending on the severity, frequency and damage caused without prejudice to the filing of a criminal or a civil case (a) Willful failure or refusal of an employer, contractor in the regular courts, as the case may be. or subcontract or to comply with the required OSH standards or with a compliance order issued by the Secretary of Labor The fine collected shall be used for the operation of and Employment or by the Secretary's authorized representative occupational safety and health initiatives, i ncluding shall make such employer, contractor or subcontractor liable occupational safety and health training and education for an administrative fine not exceeding One hundred and other occupational safety and health programs. thousand pesos {Pl00,000.00) per day until the violation is CHAPTERVII corrected, counted from the date the employer or contractor is notified of the violation or the date the compliance order MISCELLANEOUS PROVISIONS is duly served on the employer. The amount of fine imposed SEC. 29. Updated DOLE Computerized Labor Law shall depend on the frequency or gravity of the violation Compliance System . - The Secretary of Labor and committed or the damage caused: Provided, however, That the maximum amount shall be imposed only when the Employment shall maintain an updated labor inspection system of comp uterized gathering and generation of violation exposes the workers to a risk of death, serious real time data on compliances, monitoring of enforcement, injury or serious illness. and a system of notification on workplace accidents and (b) An employer, contractor or subcontractor who mJuries. willfully fails or refuses to comply with the required OSH standards or with a duly issued compliance order, and 17 16 SEC. 35. Effectivity. - This Act shall take effect fifteen SEC. 30. Applicability to Micro and Small Enterprises (15) days after its publication in the Official Gazette or in a (MSEs). - Specific to MSEs, the DOLE shall develop OSH newspaper of general circulation. core compliance standards to ensure safe and healthy workplaces. All MSEs shall be required to implement the Approved, prescribed standards for housekeeping, materials handling and storage, electrical and mechanical safety, chemical safety, emergency preparedness, fire safety and PPE, and to monitor hazards regularly. PANTALEON /Id/, y A.Kt:Z SEC. 31. Inter-Governmental Coordination and Cooperation. - The DOLE shall institute a mechanism for coordination with the Department of Environment and Natural Resources, Department of Energy, Department of Transportation, Department of Agriculttll'e, Department of Public Works and Highways, Department of Trade and This Act which is a consolidation of House Bill No. 64 and Industry, Department of the Interior and Local Government, Senate Bill No. 1317 was passed by the House of Representatives Department of Health, Department of Information and and the Senate on May 22, 2018. Communications Technology, PEZA and all other government agencies, including local government units, within sixty (60) days from the issuance of the implementing rules and regulations of this Act. They shall regularly convene to monitor ~ the effective implementation of this Act as well as related MYRA MARIE D. VU.,LARlCA programs and projects that are established to prevent and Secretary of the Senate Secretary General eliminate the incidence of injury, sickness or death in all House of Representatives workplaces. SEC. 32. Implementing Rules and Regulations. - The Approved: AUG l 7 2018 Secretary of Labor and Employment, in coordination with agencies concerned, shall formulate the rules and regulations RO~~· within ninety (90) days after the effectivity of this Act. SEC. 33. Separability Clause. - If any part, section or provision of this Act shall be held invalid or unconstitutional, the other provisions not affected by such declaration shall President of th~h·i· . RTE I ippmes remain in full force and effect. SEC. 34. Repealing Clause. - All laws, acts, decrees, 0 executive orders, rules and regulations or other issuances Offict: ot rt1e r ~ , or parts thereof which are inconsistent with this Act are ,.,,..u,.CAf..ANG RfCOR05 on1cr hereby modified or repealed. ldim REPUBLIC OF THE PHILIPPINES PRRD 2016 - 007279 CEUII fl.ED «:Of' V I ,.m. CONc.fPCJ., <h-f-~~ DII ·------ ·---~ ---- .~