AN ACT STRENGTHENING COMPLIANCE

WITH OCCUPATIONAL SAFETY AND

HEALTH STANDARDS AND PROVIDING
PENALTIES FOR VIOLATIONS
Legislation

Republic Act 11058

Signed August 17, 2018 by Pres. Rodrigo R.
Duterte.

AN ACT STRENGTHENING COMPLIANCE

WITH OCCUPATIONAL SAFETY AND
HEALTH STANDARDS AND PROVIDING
PENALTIES FOR VIOLATIONS
Chapter 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

▪ shall ensure a safe and healthful workplace for all

working people by affording them full protection
against all hazards in their work environment
Chapter 2: General Provisions- COVERAGE

This Act shall apply to all establishments, projects, sites,

including Philippine Economic Zone Authority (PEZA)
establishments and all other places where work is being
undertaken in all branches of economic activity, except
in the public sector.

The Secretary of Labor and Employment shall issue the

appropriate standards of occupational safety and health
for such purpose based on the number of employees,
nature of operations and the risk or hazard involved.
DEFINITION OF TERMS
“Employer” – any person, natural “General safety and health inspection” – an
or juridical, including the examination of the work environment, including
contractor, subcontractor, and the location and operation of machinery other
principal employer who directly or than those covered by technical safety audits,
indirectly benefit from the services ventilation, and other possible sources of safety
of the employee and health hazards in the workplace;

“Equipment” – any machine with engine or “Imminent danger” – a

electric motor as prime mover; situation caused by a
condition or practice in
any place of employment
that could reasonably be
expected to lead to
death or serious physical
harm;
Chapter 3: DUTIES OF EMPLOYERS, WORKERS
AND OTHER PERSONS

(a) Every employer contractor or subcontractor, if any, and any person who
manages, controls, or supervises the work being undertaken shall:
(1) Furnish the workers a place of employment free from hazardous
conditions that are causing or are likely to cause death, illness, or
physical harm to the workers;

(2) Give complete job safety instructions to all the workers, especially
to those entering the job for the first time, including those
relating to familiarization with their work environment;

(3) Inform the workers of the hazards associated with their work,
health risks involved or to which they are exposed to, preventive
measures to eliminate or minimize the risks, and steps to be taken
in case of emergency;
DUTIES OF EMPLOYERS, WORKERS
AND OTHER PERSONS
(4) Use only approved devices and equipment for the workplace;
(5) Comply with OSHS including training, medical examination, and
where necessary provision of protective and safety devices such as
personal protective equipment (PPE) and machine guards;
(6) Allow workers and their safety and health representatives to
participate actively in the process of organizing, planning,
implementing and evaluating the program to improve the safety
and health in the workplace;

(7) Provide, where necessary, for measures to deal with emergencies

and accidents, including first-aid arrangements.
DUTIES OF EMPLOYERS, WORKERS
AND OTHER PERSONS
(b) Every worker shall participate in ensuring compliance
with OSHS in the workplace.
The worker shall make proper use of all safeguards and
safety devices furnished for his/her protection and that
of others and shall observe instructions to prevent
accidents or imminent danger situation in the workplace.
They shall observe the prescribed steps to be taken in
case of emergency.
The worker shall report to the supervisor any work
hazard that may be discovered in the workplace.
DUTIES OF EMPLOYERS, WORKERS
AND OTHER PERSONS
(c) It shall be the duty of any person, including the builder
or contractor who visits, builds, renovates, or installs
devices or conducts business in any establishment or
workplace, to comply with the provisions of this Act
and all other regulations issued by the Secretary of
Labor and Employment.

(d) Whenever two or more undertakings are engaged in

activities simultaneously in one workplace, it shall be
the duty of all engaged to collaborate in the application
of OSH standards and regulations.
WORKERS’ RIGHT TO KNOW
The right to safety and health at work shall be
guaranteed.
All workers shall be appropriately informed
by the employer about all types of hazards in
the workplace, and provided access to
training and education on chemical safety and
to orientation on data sheet of chemical safety,
electrical safety, mechanical safety, and
ergonomical safety.
WORKERS’ RIGHT TO REFUSE TO UNSAFE WORK

The worker has the right of refusal to work

without threat or reprisal from the employer if,
as
determined by the DOLE, an imminent danger
situation exists in the workplace that may result
to illness, injury or death, and corrective actions
to eliminate the danger have not been
undertaken by the employer.
WORKERS’ RIGHT TO REPORT ACCIDENTS

Workers and their representatives shall have the

right to report accidents, dangerous occurrences,
and hazards to the employer, to the DOLE and to
other concerned government agencies
exercising jurisdiction as the competent
authority in the specific industry or economic
activity.
WORKERS’ RIGHT TO PERSONAL
PROTECTIVE EQUIPMENT (PPE)

Every employer shall provide their workers, free of

charge, protective equipment for their eyes, face,
hands and feet, and lifeline, safety belt or harness, gas
or dust respirators or masks, and protective shields
whenever necessary by reason of the hazardous work
process or environment, chemical, radiological,
mechanical and other irritants or hazards capable of
causing injury or impairment in the function of any
part of the body through absorption, inhalation or
physical contact.
WORKERS’ RIGHT TO PERSONAL
PROTECTIVE EQUIPMENT (PPE)

The cost of the PPE shall be part of the safety and

health program which is a separate pay item pursuant
to Section 19 of this Act.

All PPE shall be of the appropriate type as tested and

approved by the DOLE based on its standards. The
usage of PPE in all establishments, projects, sites and
all other places where work is being undertaken shall
be based on the evaluation and recommendation of
the safety officer.
SAFETY SIGNAGE AND DEVICES

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
workplace.
Safety signage and devices shall be posted in
prominent positions at strategic locations in a
language understandable to all and in
accordance with the standards set by the DOLE.
Chapter 4: Covered Workplaces-
OCCUPATIONAL SAFETY AND HEALTH PROGRAM

Covered workplaces shall have a safety and health program including, but
not limited to the following policies, guidelines or information:
(a) Statement of commitment to comply with OSH requirements;
(b) General safety and health, including a drug-free workplace;
(c) Human Immunodeficiency Virus (HIV) and Acquired Immune
Deficiency Syndrome (AIDS)/tuberculosis/ hepatitis
prevention and control;
(d) Company or project details;
(e) Composition and duties of the Safety and Health Committee;
(f) Occupational safety and health personnel and facilities;
(g) Safety and health promotion, training and education;
OCCUPATIONAL SAFETY AND HEALTH PROGRAM

(h) Conduct of toolbox meetings;

(i) Accident/incident/illness investigation, recording and reporting;
(j) Provision and use of PPE;
(k) Provision of safety signage;
(l) Dust control and management, and regulations on activities such
as building of temporary structures, and lifting and operation of
electrical, mechanical, communication systems and other
equipment;
(m) Provision of workers welfare facilities;
(n) Emergency preparedness and response plan;
(o) Waste management system; and
(p) Prohibited acts, and penalties for violations.
P
OCCUPATIONAL SAFETY AND HEALTH PROGRAM
The safety and health program shall be prepared
and executed by the employer, contractor or
subcontractor, if any, in consultation with the
workers and their representatives and shall be
submitted to the DOLE which shall approve,
disapprove or modify the same according to existing
laws, rules and regulations, and other
issuances.

The approved safety and health program shall be

communicated and be made readily available to all
persons in the workplace.
OCCUPATIONAL SAFETY AND
HEALTH COMMITTEE
To ensure that the safety and health program is observed and
enforced, covered workplaces shall organize a Safety and Health
Committee composed of the following:
a) Employer or a representative as the Chairperson,
ex officio;
b) Safety officer of the company or project as the
Secretary;
c) Safety officers representing the contractor or
subcontractor, as the case may be, as members;
OCCUPATIONAL SAFETY AND
HEALTH COMMITTEE
d) Physicians, nurses, certified first-aiders, and dentists
as members, ex officio, if applicable; and
e) Workers’ representatives who shall come from the
union if the workers are organized or elected by the
workers through a simple majority vote if they are
unorganized, as members.

The Committee shall effectively plan, develop, oversee,

and monitor the implementation of the safety and health
program.
SAFETY OFFICER
To ensure that a safety and health program is duly followed and enforced,
covered workplaces shall have safety officers who shall:
a) Oversee the overall management of the safety and
health program;
b) Frequently monitor and inspect any health or safety
aspect of the operation being undertaken;
c) Assist government inspectors in the conduct of safety
and health inspection at any time whenever work is
being performed or during the conduct of an accident
investigation; and
d) Issue work stoppage order when necessary.
SAFETY OFFICER
▪ The number and qualification of safety officers shall be
proportionate to the total number of workers and
equipment, the size of the work area, and such other
criteria as may be prescribed by the DOLE.

▪ In the case of contractor or subcontractor, a safety

officer must be deployed at each specific area of
operations to oversee the management of the safety
and health program for its own workforce.
OCCUPATIONAL HEALTH PERSONNEL
AND FACILITIES
Covered workplaces shall have qualified
occupational health personnel such as physicians,
nurses, certified first-aiders, and dentists duly
complemented with the required medical
supplies, equipment, and facilities.

The number of health personnel, equipment, and

facilities, and the amount of supplies shall be
proportionate to the total number of workers
and the risk or hazard involved, the ideal ratio of
which shall be prescribed by the DOLE.
SAFETY AND HEALTH TRAINING

(a) All safety and health personnel shall undergo the mandatory
training on basic occupational safety and health for safety
officers as prescribed by the DOLE.

(b) All workers shall undergo the mandatory 8 hours safety and
health seminar as required by the DOLE

(c) All personnel engaged in the operation, erection, and dismantling

of equipment and scaffolds, structural erections, excavations,
blasting operations, demolition, confined spaces, hazardous
chemicals, welding, and flame cutting shall undergo specialized
instruction and training on the said activities.
OCCUPATIONAL SAFETY AND HEALTH REPORTS

All employers, contractors, and

subcontractors shall submit all
safety and health reports and
notifications prescribed by the
DOLE.
WORKERS WELFARE FACILITIES
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:

a. Adequate supply of safe drinking water;

b. Adequate sanitary and washing facilities;
c. Suitable living accommodation for workers, as may
be applicable; and
d. Separate sanitary, washing, and sleeping facilities for
men and women workers, as may be applicable.
Chapter 5- Joint and Solidary Liability -
EMPLOYER’S RESPONSIBILITY AND LIABILITY

The employer, project owner, general contractor,

contractor or 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.
Chapter 6- Enforcement of Occupational Safety and Health Standards- VISIT
ORIAL POWER OF THE
SECRETARY OF LABOR AND EMPLOYMENT

The Secretary of Labor and Employment (SecLab)

or the Secretary’s authorized representatives shall
have the authority to enforce the mandatory
occupational safety and health standards in all
establishments and conduct, together with
representatives from the labor and employer
sectors, an annual spot audit on compliance with
OSH standards.
VISITORIAL POWER OF THE SECRETARY
OF LABOR AND EMPLOYMENT

No person or entity shall obstruct, impede, delay or

otherwise render ineffective the orders of the
SecLab or the Secretary’s duly authorized
representatives and no inferior court or entity shall
issue temporary or permanent injunction or
restraining order or otherwise assume jurisdiction
over any case involving the enforcement orders.
VISITORIAL POWER OF THE SECRETARY
OF LABOR AND EMPLOYMENT

The Secretary of Labor and Employment may

likewise order stoppage of work or suspension
of operations of any unit or department of
an establishment when non-compliance with
law or implementing rules and regulations
poses grave and imminent danger to the
health and safety of workers in the workplace.
PAYMENT OF WORKERS’ INCOME DURING WORK STOPPAGE DUE TO IMMINEN
T DANGER

If stoppage of work due to imminent danger occurs as a result of the

employer’s violation or fault, the employer shall pay the affected
workers concerned their wages during the period of such stoppage of
work or suspension of operation.

For purposes of payment of wages and any other

liabilities arising from a work stoppage order (WSO),
the employer is presumed a party at fault if the WSO is
issued secondary to an imminent danger situation
which would imperil the lives of the workers.
INCENTIVES TO EMPLOYERS

There shall be an established package of incentives

under such rules and regulations as may be
promulgated by DOLE to qualified employers to
recognize their incentives toward ensuring
compliance of OSH and general labor standards,
such as OSH training packages, additional
protective equipment, technical guidance,
recognition, awards and other similar incentives.
PROHIBITED ACTS
a) Willful failure or refusal or gross negligence of an
employer, contractor or subcontractor, to comply with
the required OSH standards or with a compliance order
issued by the Secretary of Labor and Employment or by
the Secretary’s authorized representative;

It shall make such employer, contractor or subcontractor,

liable for an administrative fine not exceeding
Php100,000.00 per day until the violation is corrected,
counted from the date the employer or contractor is
notified of the violation or the date the compliance order
is duly served on the employer. The maximum amount
shall be imposed with violations with a risk of death,
serious injury or serious illness.
PROHIBITED ACTS
b) An employer, contractor or subcontractor who
willfully fails or refuses to comply with the
required OSH standards or with a duly issued
compliance order and engages in any of the
following acts to aid, conceal or facilitate such
non-compliance shall be liable for a maximum of
Php100,000.00 administrative fine separate from
the daily fine imposed in item (a)
PROHIBITED ACTS
i. Repeated obstruction, delay or refusal to provide
the Secretary of Labor and Employment or any of
its representatives access to the covered
workplace or refusal to allow access to relevant
records and documents or obstruct the conduct
of investigation of any fact necessary in
determining compliance with OSH standards.
PROHIBITED ACTS
iii. Misrepresentation in relation to adherence to OSH standards
knowing such statement, report or record submitted to the DOLE
to be false in any material aspect.

iv. Making retaliatory measures such as termination of employment,

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.
For this purpose, the SecLab, in consultation with
relevant stakeholders, shall issue a list of offenses
with corresponding reasonable administrative
fines depending on the severity, frequency and
damage caused without prejudice to the filing of a
criminal or a civil case in the regular courts, as the
case may be
The fine collected shall be used for the operation of
occupational safety and health initiatives, including
occupational safety and health training and education
and other occupational safety and health programs.
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 Agriculture, Department
of Public Works and Highways, Department of Trade
and Industry, Department of the Interior and Local
Government, Department of Health, Philippine
Economic Zone Authority, Department of Information
and Communications Technology and all other
government agencies, including local government units,
within 60 days from the issuance of the implementing
rules and regulations of this Act.
IMPLEMENTING RULES AND REGULATIONS

The Secretary of Labor and Employment,

in coordination with agencies concerned,
shall formulate its rules and regulations
within ninety (90) days after the
effectivity of this Act.
REPEALING CLAUSE

All laws, acts, decrees, executive

orders, rules and regulations or other
issuances or parts thereof which are
inconsistent with this Act are hereby
modified or repealed.
EFFECTIVITY

This Act shall take effect fifteen

(15) days after its publication in
the Official Gazette or in a
newspaper of general circulation.
THANK YOU!