DECLARATION OF POLICY

RA 11058 Proposed IRR

• The State: • Same as RA
• labor as a primary social and economic
force, 11058
… safe and healthy workforce is an
integral aspect of nation building
• ensure a safe and healthful workplace
for all working people … full protection
against all hazards
• provisions of the Labor Code of the
Philippines, all laws, and internationally-
recognized standards on OSH are being
fully enforced and complied with…
• protect every worker against injury,
sickness or death
• strict but dynamic, inclusive, and gender-
sensitive measures
 COVERAGE Proposed IRR
RA 11058 • shall apply to:
– Establishments located inside special economic
zones and other investment promotion agencies
apply to all establishments, projects, (e.g., Philippine Economic Zone Authority [PEZA],
Clark Development Corporation [CDC]);
sites, including Philippine Economic – Utilities engaged in air, sea, and land transportation;
Zone Authority (PEZA) and
– Industries such as mining, fishing, construction, and
establishments and all other places maritime.
where work is being undertaken in all • further apply to contractors and subcontractors including
branches of economic activity, those engaged in the projects of the public sector.
Workers of contractors and subcontractors deployed to
except in the public sector. establishments should follow the OSH policy and
program where they are assigned.
The Secretary of Labor and Employment • This Rules shall also apply to establishments, franchises
shall issue the appropriate standards of and
branches with less than one hundred (100) employees.
occupational safety and health for such • shall not cover the public sector such as national
purpose based on the number of government agencies, government-owned and
controlled corporations with original charters,
employees, nature of operations and the government financial institutions, state universities
and colleges and local government units. Provided
risk or hazard involved. that, this Rules shall apply to its contractors and
subcontractors engaged in the projects of the public
sector.
 DEFINITION OF TERMS

RA 11058 Proposed IRR

• “Certified first-aider” • Department of Labor and
• “Competency Standards” Employment (DOLE) - Accredited
• “Covered Workplaces”
• “Employer”
Training Organizations
• “Equipment”
• High-risk establishment
• “General safety and health inspection” • Low-Risk establishment
• “Imminent danger” • Medium-risk establishment
• “Micro and Small Enterprises (MSEs)” • OSH Consultant (Safety officer 4)
• “Occupational Health Personnel” • OSH Practitioner (Safety Officer 3)
• “Occupational Safety and Health Standards
(OSHS)”
• PPE
• “Safety and Health Audit” • Safety Officer 1
• “Safety and Health Committee” • Safety Officer 2
• Safety Officer • Worker
• Safety Signage • Workers OSH Seminar
• “Safety and Health Program”
• “Workplace”
DUTIES OF EMPLOYERS, WORKERS
AND OTHER PERSONS
(a) Every employer contractor or subcontractor, if any, and any person who
manages, controls, or supervises the workbeing 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 caseof emergency;
 DUTIES OF EMPLOYERS,
WORKERS AND
OTHER PERSONS
RA 11058 Proposed IRR
• Register establishment to DOLE as provided
• Every employer contractor or under the OSH standards;
subcontractor, … shall: Equip a place of employment for workers
(1) Furnish the workers a place of employment • free from hazardous conditions that are
free from hazardous conditions that are causing or are likely to cause death,
causing or are likely to cause death, illness or physical harm to the workers;
illness, or physical harm to the workers;
• Provide complete job safety instructions
(2) Give complete job safety instructions to all and proper orientation to all workers
the workers, especially to those entering including, but not limited to, those relating
the job for the first time, including those to familiarization with their work
relating to familiarization with their work environment;
environment; • Provide training for workers pertaining to
health promotion, hazards associated with
• (3) Inform the workers of the hazards their work, health risks involved or to
associated with their work, health risks which they are exposed to, preventive
involved or to which they are exposed to, measures to eliminate or minimize risks,
preventive measures to eliminate or steps to be taken in cases of emergency,
minimize the risks, and steps to be taken and safety instructions for the jobs,
in case of emergency; activities and tasks to be handled by
workers in a language and dialect that
workers can understand. These trainings
shall include orientation on the company’s
 DUTIES OF EMPLOYERS,
RA 11058 Proposed IRR
WORKERS AND OTHER
PERSONS • Ensure that, so far as is reasonably practicable, the
chemical, physical and biological substances and
agents, and ergonomic and psychosocial stresses
under their control are without risk to health when
the appropriate measures of protection are taken;
(4) Use only approved devices and equipment for • Use only approved specific industry set of standards
the workplace; of devices
(5) Comply with OSHS including training, medical and equipment for the workplace, as applicable;
examination, and where necessary provision of • Comply with OSH standards including training,
protective and safety devices such as personal medical examination, and when necessary,
protective equipment (PPE) and machine provisions on protective and safety devices such as
guards; PPE and machine guards, provided that PPE shall
(6) Allow workers and their safety and health bear no cost to workers and must be of appropriate
representatives to participate actively in the type and fitting;
process of organizing, planning, implementing • Make arrangements for workers and their
and evaluating the program to improve the representatives to have the time and resource to
safety and health in the workplace; participate actively in the processes of organizing,
planning and implementation, monitoring,
(7) Provide, where necessary, for measures to deal evaluation and action for improvement of the OSH
with emergencies and accidents, including management system;
first-aid arrangements. • Provide, when necessary, for measures identifying
trainings and drills, evacuation plans, etc., to deal
with emergencies, fires and accidents including
first-aid arrangements; and
• Comply with all reportorial requirements of the OSH
standards.
 DUTIES OF EMPLOYERS,
WORKERS AND
OTHER PERSONS
 RA 11058 Proposed IRR
(b) Every worker shall participate in • Participate in capacity building
ensuring compliance with OSHS activities on safety and health and
in the workplace. other OSH related topics and
programs;
• The worker shall make proper use of all • Proper use of all safeguards and
safeguards and safety devices furnished safety devices furnished for workers’
for his/her protection and that of others protection and that of others;
and shall observe instructions to • Comply with instructions to prevent
prevent accidents or imminent danger accidents or imminent danger
situation in the workplace. situations in the workplace;
• They shall observe the prescribed steps • Observe prescribed steps to be taken
to be in cases of emergency including
participation in the conduct of national
 taken in case of emergency. or local disaster drills; and
• Report to their immediate supervisor
• The worker shall report to the supervisor or any other responsible safety and
any work hazard that may be discovered health personnel any work hazard
in the workplace. that may be discovered in the
workplace.
 DUTIES OF EMPLOYERS,
WORKERS AND OTHER
PERSONS
RA 11058 Proposed IRR
• (c) It shall be the duty of any person, • Duties of Other Persons. – It shall
including the builder or contractor who be the duty of any person,
visits, builds, renovates, or installs including the builder or contactor
devices or conducts business in any who visits, builds, renovates or
establishment or workplace, to comply
with the provisions of this Act and all installs devices or conducts business
other regulations issued by the Secretary in any establishments or workplace,
of Labor and Employment. to comply with the provisions of
• (d) Whenever two or more undertakings this Rules and all other regulations
are engaged in activities simultaneously in issued by the Secretary of Labor
one workplace, it shall be the duty of all and Employment.
engaged to collaborate in the application •
of OSH standards and regulations.
• Whenever two (2) or more
undertakings are engaged in
activities simultaneously in one (1)
workplace, it shall be the duty of all
engaged to collaborate and
cooperate to assure compliance with
OSH standards and regulations.
 DUTIES OF EMPLOYERS, WORKERS
AND OTHER PERSONS
Proposed IRR
RA 11058
• It shall be the duty of employers to provide training for all types of
hazards in the workplace and provide information for the same in a
• The right to safety and health language and dialect that workers can understand.
• Employers are encouraged to conduct daily toolbox meeting or any
at work shall be guaranteed equivalent safety meeting before commencement of work to discuss
• All workers shall be work- related hazards, risks, precautions and relevant applicable
procedures to ensure safety and health in the workplace. A re-
appropriately informed by the orientation on safety and health for workers in hazardous
employer about all types of establishments must be conducted regularly, not less than once a
hazards in the workplace, and quarter and to be conducted immediately following any changes in
the operations and production process.
provided access to training and • Information materials used pursuant to this Section shall be made
education on chemical safety readily available and accessible to workers.
and to orientation on data • New-hired workers shall be provided instructions, orientations and
trainings prior to start of work. The instructions, orientations, and
sheet of chemical safety, trainings shall be properly documented by the employer, and shall
electrical safety, mechanical be included in the permanent records of the worker in the
safety, and ergonomical safety. establishment.
• Trainings shall be at no cost on the worker and considered as
compensable working time.
 DUTIES OF EMPLOYERS, WORKERS
AND OTHER PERSONS K
Proposed IRR
RA 11058 • The worker has the right of refusal to work without threat or
reprisal from the employer if, as determined by DOLE,
• The worker has the right of following a determination from the safety officer of the
refusal to work without threat establishment, that an imminent danger situation exists. The
or reprisal from the employer latter cannot require the workers to return to work where
if, as determined by the there is continuing imminent danger to life or health.
DOLE, an imminent danger • Workers affected by the existence of an imminent danger
situation may be temporarily assigned to perform other
situation exists in the tasks in other areas within the workplace provided there is
workplace that may result to no impending issue with safety and health.
illness, injury or death, and • Immediate notification to DOLE by the safety officer or
corrective actions to eliminate worker not later than twenty-four (24) hours that an
the danger have not been imminent danger situation exists in the
undertaken by the employer. workplace shall suffice to give rise to worker’s right to refuse
unsafe work.
• After the conduct of OSH Investigation, a worker may refuse
to work until the lifting of the Work Stoppage Order (WSO).
The lifting of the WSO determines that a sufficient corrective
action has been implemented.
• Section 23 of this Rules shall apply during the period of such
WSO or suspension of operations due to an imminent danger
situation provided there was an immediate notification to
DOLE within the period stated herein pursuant to the Rules
implementing Article 128 of the Labor Code, as renumbered.
 DUTIES OF EMPLOYERS,
WORKERS AND
Proposed IRR
S
OTHER PERSONS • Workers and their representatives shall
have the right to report accidents,
RA 11058 dangerous occurrences, and hazards
• Workers and their representatives shall to the employer, to DOLE and to other
have the right to report accidents, concerned government agencies
dangerous occurrences, and hazards to exercising jurisdiction as the
the employer, to the DOLE and to other competent authority in the specific
concerned government agencies industry or economic activity. There
exercising jurisdiction as the competent shall be no retaliation from the part of
authority in the specific industry or the employer pursuant to the
economic activity. reporting of any accident.
•
• Reporting of accidents to DOLE may
be made through any means of
communication, including the DOLE
hotline, whichever is most convenient
to the worker. The same may be
reported to the nearest DOLE
Regional, Field, Provincial or Satellite
Office having jurisdiction over the
place of the incident.
 DUTIES OF EMPLOYERS,
WORKERS AND
OTHER PERSONS
RA 11058 Proposed IRR
• Every employer shall provide their • Every employer, contractor or subcontractor , if
workers, free of charge, protective any, shall provide his/her workers, free of charge,
equipment for their eyes, face, hands PPE for any part of the body that may be exposed
and feet, and lifeline, safety belt or to hazards, and lifeline, safety belt or harness,
harness, gas or dust respirators or gas or dust respirators or masks, and protective
masks, and protective shields shields whenever necessary by reason of the
whenever necessary by reason of the hazardous work process or environment,
hazardous work process or chemical, radiological, mechanical, and other
environment, chemical, radiological, irritants or hazards capable of causing injury or
mechanical and other irritants or impairment in the function of any part of the body
hazards capable of causing injury or through absorption, inhalation or physical contact.
impairment in the function of any part The cost of PPE shall be part of the safety and
of the body through absorption, health program which is a separate pay item
inhalation or physical contact. pursuant to Section 20 of this Rules.
• All PPE shall be of the appropriate type as tested
and approved by the DOLE based on its
standards and/or other means of verification.
• 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 officers.
 WORKERS’ RIGHT TO
PERSONAL PROTECTIVE
EQUIPMENT (PPE)
RA 11058 Proposed IRR
• The cost of the PPE shall be • Evaluations and recommendations of a
part of the safety and health safety officer on the types of PPE to be
program which is a separate adoptead in a specific work environment
pay item pursuant to Section shall be based on the results of the
19 of this Act. workplace hazard assessment.
• It shall be the responsibility of employers to
• All PPE shall be of the provide the appropriate health evaluation for
appropriate type as tested and fitness to wear PPE, particularly on respirators
approved by the DOLE based and masks. All PPE must be of appropriate
on its standards. The usage of size, weight, and type to specific workers
PPE in all establishments, exposed to hazards from which PPE are meant
projects, sites and all other to ensure effective protection. Issuance of PPE
places where work is being shall be supplemented by training on the
undertaken shall be based on application, use, handling, cleaning and
the evaluation and maintenance of said PPE in accordance with
recommendation of the safety the manufacturer’s recommendations. PPE
officer. training shall be in accordance with what is
prescribed in the OSH standards.
• Absence of PPE in an imminent danger
 SAFETY SIGNAGE AND DEVICES
RA 11058
• All establishments, projects, sites Proposed IRR
and all • All establishments, projects, sites
other places where work is being and all other places where work
undertaken shall have safetysignage is being undertaken shall have
and devices to warn the workers and safety signage and devices to
the public of the hazards in the warn the workers and the public
workplace. of the hazards in the workplace.
• Safety signage and devices shall be Safety signage and devices shall
posted in prominent positions at be posted in prominent positions
at strategic locations in a
strategic locations in a language
language understandable to all,
understandable to all and in accordance
and in accordance with the OSH
with the standards set by theDOLE.
standards set by DOLE. All
signage shall also be of
appropriate quality to ensure
their legibility.
SAFETY IN THE USE OF EQUIPMENT
Proposed IRR
T
• In relation to the use of equipment, such as but not
RA 11058 limited to, earth moving equipment, heavy duty
• In relation to the use of equipment, materials handling equipment, and
equipment, the employer construction equipment, the employer, contractor or
must comply with the DOLE subcontractor, if any, must comply with the OSH
requirements in the different standards set by DOLE on safety and use of such
phases of the company or equipment in the different phases of the company or
project operation, including project operation including the transport to and from
the transport to and from the the establishment, project, site or place where work is
establishment, project, site or being undertaken. Appropriate training and
place where work is being certification by the Technical Education and Skills
undertaken. Development Authority (TESDA), Professional
Regulation Commission (PRC) or other concerned
government agency shall be a requirement for
operators before use of equipment, if applicable.
Trainings provided by international organizations or
suppliers if not locally available, shall be recognized
by the DOLE.
 OCCUPATIONAL SAFETY AND HEALTH
INFORMATION N
Proposed IRR
RA 11058 • Workers in all establishments, projects, sites and all
• Workers in all establishments, other places where work is being undertaken shall be
projects, sites and all other provided adequate and suitable information by the
places where work is being employer, contractor or subcontractor, if any, on the
undertaken shall be provided following:
adequate and suitable •
information by the employer • Workplace hazards and the risk posed on the safety
contractor or subcontractor, if and health of the workers such as chemical safety
any, on safety and health data sheets;
standards, and the appropriate
measures, including the probable • Results of Work Environment Measurements (WEM);
location of workers for the • Control mechanisms in place that reduces or minimizes
prevention, control, and the risk of exposure to hazards and other preventive
protection against those hazards. strategies (e.g., training on specific hazards, medical
monitoring tests, immunization and control of lifestyle-
related diseases);
• Appropriate measures, including the probable location
of workers, for the prevention, control and protection
against those hazards; or
• Emergency and disaster management protocols
including proper evacuation and shut-down
procedures.
 OCCUPATIONAL SAFETY AND HEALTH
PROGRAM
RA 11058 Proposed IRR
• Covered workplaces shall have a • Covered workplaces shall develop and implement a suitable
safety and health program including, OSH program which shall be posted in prominent places.
but not limited to the following Covered workplaces shall be guided by a format prescribed by
policies, guidelines or information: DOLE.
• (a)Statement of commitment to • For establishments, including franchises and branches, with less
comply with OSH requirements; than ten workers and low risk establishments with ten (10) to
• (b)General safety and health, fifty (50) workers. – The OSH program, which shall be duly
including a drug-free workplace; signed by the employer, must include at least the following:
• (c)Human Immunodeficiency Virus •
(HIV) and Acquired Immune • Company commitment to comply with OSH requirements;
Deficiency Syndrome • General safety and health programs, including:
(AIDS)/tuberculosis/ hepatitis – Safety and health hazard identification, risk assessment and control
• prevention and control;
(HIRAC),
• (d)Company or project details; – Medical surveillance for early detection and management of
(e)Composition and duties of the occupational and work-
• Safety and Health Committee; related diseases, and
(f)Occupational safety and – First aid and emergency medical services;
• health personnel and • Promotion of the following health domains:
facilities; – Drug-free workplace (RA 9165),
•
(g)Safety and health promotion, – Mental health services in the workplace (RA 11036), and
training and education; – Healthy lifestyle;
 OCCUPATIONAL SAFETY AND HEALTH
PROGRAM
RA 11058 Proposed IRR
• (i)Accident/incident/illnes • Prevention and control of the following
investigation, recording
and reporting; health domains:
• (j)Provision and use of PPE; – Human Immunodeficiency Virus and Acquired Immune
• (k)Provision of safety Deficiency Syndrome (RA 8504),
• signage; – Tuberculosis (EO 187-03) and
Dust control and – Hepatitis B (DOLE DA 05-2010)
management, and
regulations on activities • Complete company or project details;
such as building of • Composition and duties of the OSH committee;
temporary structures, and • OSH personnel and facilities;
lifting and operation of
• electrical, mechanical, • Safety and health promotion, training and
communication systems education, including: – Orientation of all workers on OSH and
• and other equipment; – Conduct of risk assessment, evaluation
(m)Provision of workers
• welfare facilities; and control;
• Conduct of toolbox or safety meetings and job safety analysis, if
(n)Emergency
applicable;
• preparedness and • Accident/incident/illness investigation, recording and reporting;
response plan;
(o)Waste management • Provision and use of PPE;
system; and • Provision of safety signage;
(p)Prohibited acts, • Provision of workers’ welfare facilities;
and penalties for • Emergency and disaster preparedness and mandated drills;
violations. • Solid waste management system; and
• Control and management of hazards.
OCCUPATIONAL SAFETY AND HEALTH
PROGRAM
Proposed IRR
• For medium to high risk establishments with ten (10) to fifty
(50) workers and low to high risk establishments with fifty-
one (51) workers and above. – The OSH program, which
shall be duly signed by the employer, must include at least
the following:
• Company commitment to comply with OSH requirements;
• General safety and health programs including:
– Safety and health hazard identification, risk assessment and control
(HIRAC),
– Medical surveillance for early detection and management of
occupational and work- related diseases, and
– First aid and emergency medical services;
• Promotion of the following health domains:
– Drug-free workplace (RA 9165),
– Mental health services in the workplace (RA 11036), and
– Healthy lifestyle;
• Prevention and control of the following health domains:
– Human Immunodeficiency Virus and Acquired Immune Deficiency
Syndrome (RA 8504),
OCCUPATIONAL SAFETY AND HEALTHM
PROGRAM
Proposed IRR
• Complete company or project details;
• Composition and duties of the OSH committee;
• OSH personnel and facilities;
• Safety and health promotion, training and education,
to include the following:
– Orientation of all workers on OSH,
– Conduct of risk assessment, evaluation and control,
– Continuous training on OSH of OSH personnel, and
– Work Permit System such as working at height, working at
confined space, hot works, and other related activities;
• Conduct of toolbox or safety meetings and job safety
analysis;
• Accident/incident/illness investigation, recording and
reporting;
OCCUPATIONAL SAFETY AND HEALTH
PROGRAM
Proposed IRR
• Dust control and management, and regulations on activities
such as building of temporary structures, and lifting and
operation of electrical, mechanical, communications system
and other equipment;
• Provision of workers’ welfare facilities;
• Emergency and disaster preparedness and response plan to
include the organization and creation of disaster control
groups, business continuity plan, and updating the hazard,
risk and vulnerability assessment, as required;
• Solid waste management system;
• Control and management of hazards;
• Prohibited acts and penalties for violations; and
• Cost of implementing company OSH program.
 OCCUPATIONAL SAFETY AND HEALTH
Proposed IRR
PROGRAM
 RA 11058 • The DOLE shall prescribe a format that
should be accomplished fully by the
• Covered workplaces shall have a safety and employer, contractor or subcontractor, if
health program including, but not limited to any, in consultation with the workers and
the following policies, guidelines or their representatives.
information: •
• The safety and health program shall be • The OSH program shall be communicated
prepared and executed by the employer, and be made readily available to all
contractor or subcontractor, if any, in persons in the workplace. It shall be
consultation with the workers and their updated periodically whenever the DOLE,
representatives and shall be submitted to the other regulatory or government agencies
DOLE which shall approve, disapprove or and institutions promulgate new rules,
modify the same according to existing laws, guidelines and other issuances related to
rules and regulations, and other issuances. workers’ safety and health.
• The company shall ensure that the core
• The approved safety and health program shall elements of OSH program are integrated
be communicated and be made readily in the company OSH program such as
available to all persons in the workplace. management commitment and employee
involvement, workplace risk assessment,
hazard prevention and control, safety and
health training and education, and OSH
program evaluation.
OCCUPATIONAL SAFETY AND HEALTH
PROGRAM
Proposed IRR
• The company shall submit a copy of the OSH program to
the DOLE Regional, Provincial, Field or Satellite Office
having jurisdiction over the workplace. A duly signed
company commitment to comply OSH requirements
together with the company OSH program using the
prescribed template shall be considered approved upon
submission EXCEPT for Construction Safety and Health
Program which shall need approval by DOLE prior to
construction.
•
• OSH programs in the pre-approved template may be
modified by DOLE as necessary based on existing laws,
rules and regulations, and other issuances or upon
validation of the program during inspection. If there is a
modification made by the company, the company shall
submit a revised copy of the OSH program to DOLE.
•
• The company shallreview and evaluate the OSH program
at least once a year or as necessary, to ensure that its
 OCCUPATIONAL SAFETY AND HEALTH
PROGRAM
RA 11058 Proposed IRR
• To ensure that the safety and health • For establishments, including franchises
program is observed and enforced, and branches, with less than ten workers
covered workplaces shall organize and low risk establishments with ten
a Safety and Health Committee (10) to fifty (50) workers. – A Safety
composed of the following: Officer 1 (SO1) shall establish an OSH
a) Employer or a representativeas committee composed of the following:
the Chairperson, ex • Chairperson : Company owner or
officio;
b) Safety officer of the company or manager
project as the Secretary; • Member : At least one (1) worker
c) Safety officers representing the • The company owner or manager or one of
contractor or subcontractor, as the the workers of the company shall
casemay be, as members; undertake a first aid training from the
Philippine Red Cross or any DOLE
recognized organization.
 OCCUPATIONAL SAFETY AND
RA11058 HEALTH COMMITTEE
Proposed IRR

• For medium to high risk establishments with

ten
d) Physicians, nurses, certified first-aiders, (10) to fifty (50) workers and low to high
and dentists as members, ex officio, if risk establishments with fifty-one (51)
applicable; and workers and above. – The OSH committee
e) Workers’ representatives who shall come of the covered workplace shall be
from the union if the workers are composed of the following:
organized or elected by the workers • Ex-officio chairperson : Employer or rep
through a simple majority vote if they are • Secretary: Safety Officer
unorganized, asmembers.
• The Committee shall effectively plan, • Ex-officio Members: Certified first-aider,
develop, oversee, and monitor the OH nurse, OH dentist, and OH
implementation of the safetyand health physician, as applicable
program. • Members: Safety officers representing the
contractor or subcontractor, as the case
may be, and representative/s of workers
who shall come from the union, if the
workers are organized, or elected workers
through a simple vote of majority, if they
are unorganized
 OCCUPATIONAL SAFETY AND
HEALTH COMMITTEE
Proposed IRR
• For two (2) or more establishments housed under one building or complex
including malls. – Establishments housed under one building or complex shall have
its own respective OSH committee. A Joint OSH committee shall be initiated and
created by the building owner or building administrator and shall plan, develop
and implement programs and activities for all establishments in said building or
complex on OSH with the following composition:
• Chairperson : Building owner or his/her representative such as the building
administrator
• Co-Chair: Company owners or managers (elected through a simple vote of
majority among them)
• Worker (elected through a simple vote of majority among them)
• Secretary: Safety Officer (elected through simple majority vote)
• Ex-officio Members: Certified first-aider, OH nurse, OH dentist, and OH
physician, as applicable
• Members: At least one (1) representative each of all company owners or
managers housed in the building or complex or designated fire marshals per
floor
 SAFETY OFFICER
Proposed IRR

RA 11058
• To ensure that a safety and health programis duly • Oversee the overall management of the
followed and enforced, covered workplaces shall OSH program in coordination with the
have safety officers whoshall: OSH committee;
a) Oversee the overall management of the safety and • Frequently monitor and inspect any
health program; health or safety aspect of the operation
b) Frequently monitor and inspect any health or being undertaken with the participation
safety aspect of the operationbeing undertaken; of supervisors and workers;
c) Assist government inspectors in the conduct of • Assist government inspectors in the
safety and health inspection at any time whenever conduct of safety and health inspection at
work is being performed or during the conduct of
an accident investigation; and any time whenever work is being
d) Issue work stoppage order whennecessary. performed or during the conduct of an
accident investigation by providing
necessary information and OSH reports as
required by the OSH standards; and
• Issue WSO when necessary based on the
requirements
and procedures provided by the OSH
standards.
 SAFETY OFFICER

Proposed IRR
▪ The number and qualification of Category Prescribed Training on OSH Minimum OSH Experience

safety officers shall be Safet Officer 1 Mandatory eight (8)-hour OSH Orientation Course -
proportionate to the total number y
of workers and equipment, the size (SO1)
of the work area, and such other Safet Officer 2 Mandatory forty (40)-hour Basic OSH Training -
y Course
criteria as may be prescribed by the applicable to the industry
DOLE. (SO2)
Safet Officer 3 a. Mandatory forty (40)-hour Basic OSH training At least two (2) years of
▪ In the case of contractor or y course applicable to the industry; experience in OSH
b. Additional forty-eight (48)-hour
subcontractor, a safety officer must (SO3)
Advanced/Specialized Occupational Safety
be deployed at each specific area of Training Course relevant to the industry;
operations to oversee the AND
management of the safety and c. Other requirements as prescribed by the
OSH standards.
health program for its own Safet Officer 4 a. Mandatory forty (40)-hour OSH training Actual experience as SO3
workforce. y course for at least four (4) years
applicable to the industry;
(SO4)
b. Additional eighty (80)-hour
advanced/specialized occupational safety
training course relevant to the industry,
c. Aggregate of three hundred twenty (320)
hours of OSH related training or experience
 SAFETY OFFICER

Proposed IRR
• Classification and minimum number of safety officer for all covered workplaces
shall be as follows: Number of Workers Low Risk Medium Risk High Risk
1 to 9 One (1) SO1 One (1) SO1 One (1) SO2
10 to 50 One (1) SO1 One (1) SO3
One (1) SO2
51 to 99
One (1) SO2 and One
One (1) SO2 One (1) SO2 One (1) SO3 (1)
100 to 199
and SO3

Two (2) SO2 or One (1) SO2 One

200 to 250 Two (2) SO3
One (1) SO3 and
(1)
SO3
Two (2) SO2 and One (1) One (1) SO2 and Two
251 to 500 Two (2) SO3
SO3 SO3 (2)
Two (2) SO2 One
501 to 750 One (1) SO2 Two
and Two (2) SO3
and
(1) SO3
(2) SO3
751 to 1000 Two (2) SO3
Every additional 250 or
fraction
- - Additional One (1) SO3 or
SO4
thereof
 OCCUPATIONAL HEALTH PERSONNEL
AND FACILITIES

RA 11058 Proposed IRR

• Covered workplaces shall have qualified • Covered workplaces shall have
occupational health personnel such as qualified occupational health
physicians, nurses, certified first-aiders, and personnel such as certified first-aiders,
dentists duly complemented with the nurses, dentists, and physicians duly
required medical supplies, equipment, and complemented with the required
facilities. medical supplies, equipment and
facilities. The number of health
personnel, which may be classified as
• The number of health personnel, equipment, full time (FT) or part-time (PT),
and facilities, and the amount of supplies equipment and facilities, and the
shall be proportionate to the total number amount of supplies shall be
of workers and the risk or hazard involved, proportionate to the total number of
the ideal ratio of which shall be prescribed workers and the risk or hazard
by the DOLE. involved in the workplace, the ideal
ratio of which shall be as follows:
 Low Risk Medium to High Risk
Number
OH OH Dentist OH OH OH OH
of First-Aider First-Aider
Nurse Physician Nurse Dentist Physician
Worke
rs
1-9 1 - - - 1 - - -
10-50 1 - - - 1 - - -
51-99 1 - 2 1 FT 1 PT

Addition 1 FT Additiona 1 PT and

100-199 2 PT
al of 1 l of 1 for 1 FT
for every 50
every 100 1 PT worker or 2 PT
1 PT and
200-250 worker or 2 FT a fraction a
1 FT
a fraction thereof n
1 d 1
thereof
1
F
T
Addition Additiona 2 PT and
251-500 2 PT
al of 1 l of 1 for 1 FT
for 2 PT
501-750 every 50
2 FT worker or and
every 100 3 PT or 1 3 PT and
worker or a fraction 1 FT
PT
 2 PT and
2 PT,
1001-2000 1 FT DOLE 1 FT, and 1 FT DOLE
Certified OSH
Certified OSH practitioner

Addition practitioner Addition

al of 1 al of 1
for every 4 PT and for every
> 2001 100 1 FT DOLE 50 2 FT and 1 FT DOLE
Certified OSH

worker Certified OSH worker or

practitioner

or a practitioner a
Every fraction fraction
250 thereof 1 FT - thereof - 1 FT or 4 PT

workers or
a
fraction
thereof

Additiona Additiona
Every l of 1 for l of 1 for
50 every 100 - - every 50 1 FT
0 workers or worker or worker or
a fraction a fraction a
thereof thereof fractio
n
thereo
f
For OH nurses: PT = 4h/d, 3d/w; FT = 8h/d, 5d/w to be placed in shift with the highest number of
 Proposed
•
IRR
The employer may not establish an emergency hospital
or dental clinic in the workplace where there is a hospital
or dental clinic which is located not more than five (5)
kilometers away from the workplace, accessible in not
more than twenty-five (25) minutes travel time, and the
employer has facilities readily available for transporting
workers to the hospital or clinic in cases of emergency.
For this purpose, the employer shall enter into a written
contract with the hospital or dental clinic for the use of
such hospital or dental clinic for the treatment of
workers in cases of emergency. However, this shall not
excuse the employer from maintaining in his/her
workplace a first aid treatment room or clinic for workers
which shall be as follows:
 Low Risk Medium to High Risk

Number of
Workers First aid Clinic First Clinic
treatment room (number of beds) treatment room (number of beds)

1-9 - 1 -
10-50 1 - 1 -
51-99 2 1
1
100-199
200-250 2
2
251-500
Additional 1 for
501-750 Additional 1 for
every 100 worker
Additional 1 for every 50 worker or Additional 1 for
751-1000 or a fraction
every 200 worker a fraction thereof every 100 worker
1001-2000 thereof
or a fraction there or a fraction there
of 1 full time of 1 full time
> 2001
 SAFETY AND HEALTH TRAINING
 RA 11058 Proposed IRR
(a) All safety and health personnel shall • All safety and health personnel shall
undergo the mandatory training on basic undergo the mandatory orientation or
occupational safety and health for safety training on OSH as prescribed by DOLE.
officers asprescribed by the DOLE. Said training shall be evidenced by the
issuance of a certification by DOLE or a
DOLE-Accredited Training Organization.
(b) All workers shall undergo the mandatory 8 Curricula for training covered under this
hours safety and health seminar as required Section shall be prescribed by DOLE. The
by the DOLE following are the minimum prescribed
training or orientation for all safety and
health personnel:
Safety Officer : Mandatory eight (8)-hour OSH
• (c) All personnel engaged in the operation,
erection, and dismantling of equipment and 1 orientation
scaffolds, structural erections, excavations, course applicable to its industry such as:
blasting operations, demolition, confined • General Industry – Basic OSH
spaces, hazardous chemicals, welding, and Orientation
flame cutting shall undergo specialized Course,
instruction and training on the said activities. • Construction Industry – Construction
OSH Orientation Course,
• Maritime Industry –
Maritime OSH Orientation Course, or
Safety Officer 2 : Mandatory forty (40)-hour OSH training cou Safety Officer 4 : a. Mandatory forty (40)-hour OSH training
rse applicable to its industry such as: course applicable to its industry such as:
• General Industry – Basic OSH Training Co • General Industry – Basic OSH Training C
urse, ourse,
• Construction Industry – Construction OS • Construction Industry – Construction OS
H Training Course, H Training Course,
• Maritime Industry – Maritime OSH Traini • Maritime Industry – Maritime OSH Traini
ng Course, or ng Course, or
• Other industry specific mandatory trainin • Other industry specific mandatory traini
g as may be prescribed. ng as may be prescribed;
Safety Officer 3 : a. Mandatory forty (40)-hour OSH training a. Advanced/Specialized eighty (80)-hour O
course applicable to its industry such as: ccupational Safety Training Course (e.g.,
• General Industry – Basic OSH Training Co industrial hygiene, safety audit, accident
urse, investigation, OSH programming, chemic
• Construction Industry – Construction OS al safety, etc.);
H Training Course, b. Aggregate of three hundred twenty (320
• Maritime Industry – Maritime OSH Traini ) hours of OSH related training or experi
ng Course, or ence (additional training may be convert
• Other industry specific mandatory trainin ed to years of experience where eighty (
g as may be prescribed; 80) hours equals one (1) year or vice ver
a. Advanced/Specialized forty (40)-hour Oc sa); AND
cupational Safety Training Course (e.g., i c. Other requirements as prescribed by the
ndustrial hygiene, safety audit, accident i OSH standards.
nvestigation, OSH programming, chemic
al safety, etc.); AND
b. Other requirements as prescribed by the
First-Aider : Standard first aid training

OH Nurse : At least forty (40)-hour Basic OSH training course for

OH Nurses

OH Physician : At least fifty-six (56)-hour Basic OSH training course for

OH Physicians
All workers shall undergo the mandatory eight (8) hours safety and health orientation course as required by DOLE which
shall be jointly participated by workers and employers. Standardized training module for safety and health personnel shall
be implemented and updated regularly as necessary. The mandatory workers’ OSH seminar may be conducted by the safet
y officer of the establishment or any certified OSH practitioner or consultant.

All personnel engaged in the operation, erection and dismantling of equipment and scaffolds, structural erections, excavat
ions, blasting operations, demolition, confined spaces, hazardous chemicals, welding, and flame cutting shall undergo spe
cialized instruction and training on said activities. Such training shall include, among others, topics on safety and speciali
zed PPE requirements for said high-risk work activities, including the use, application and handling of the same, which ca
n be provided by DOLE-Accredited Training Organizations or the PPE manufacturers.
OCCUPATIONAL SAFETY AND HEALTH
REPORTS

All employers, contractors,

and subcontractors shall
submit all safety and health
reports and notifications
prescribed by the DOLE.
WORKERS COMPETENCY CERTIFICATION

In order to professionalize, upgrade, and update the level of

competence of workers, the Technical Education and Skills
Development Authority (TESDA) or the Professional Regulatory
Commission (PRC), as the case may be shall establish national
competency standards and prepare guidelines on competency
assessment and certification for critical occupations to include
requirements on safety and health .

In this regard, all critical occupations shall undergo the mandatory

competency assessment and certification by the TESDA.
WORKERS COMPETENCY CERTIFICATION

An occupation shall be considered critical when:

a) The performance of a job affects the people’s
lives and safety:
b) The job involves the handling of tools,equipment,
and supplies;
c) The job requires a relatively long period of
education and training; and
d) The performance of a job may compromisethe
safety, health and environmental concernswithin
the immediate vicinity of theestablishment.
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.
e. Lactation station except those establishments as provided for under DOL E
Department Order No. 143-15;
f. Ramps, railings and the like; and
g. Other workers’ welfare facilities as may be prescribed by the OSH standa
rds and other issuances.
COST OF SAFETY AND HEALTH PROGRAM

The total cost of implementing a duly

approved safety and 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
arrangement.
EMPLOYER’SRESPONSIBILITYANDLIABILITY

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 thisAct.
VISITORIAL 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 OSHstandards.
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 caseinvolving 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.
VISITORIAL POWER OF THE SECRETARY
OF LABOR AND EMPLOYMENT

The procedure for inspecting work

premises, notifying employers of violations,
and issuing compliance or stoppage orders
shall be pursuant to the procedure laid
down in Article 128 of the LCP, as amended,
as implemented by relevant regulations
issued by the DOLE on administration and
enforcement of laborlaws.
VISITORIAL POWER OF THE SECRETARY OF
LABOR AND EMPLOYMENT

However, chartered cities may be allowed to conduct

industrial safety inspections of establishments within their
jurisdiction in coordination with the DOLE:

Provided, That they have adequate

facilities and competent personnel for the
purpose as determined by the DOLE and
subject to national standards established
by the latter.
PAYMENT OF WORKERS’ INCOME DURING WORK
STOPPAGE DUE TO IMMINENT 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 suspensionof 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 theworkers.
STANDARDS SETTING POWER OF THE
SECRETARY OF LABOR AND EMPLOYMENT

The SecLab shall, in consultation with the other

concerned government agencies and relevant
stakeholders, by appropriate orders, set and
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 busines
s
operations and the risk or hazard involved.
industry.
STANDARDS SETTING POWER OF THE
SECRETARY OF LABOR AND EMPLOYMENT

The Secretary shall also institute new, and

update existing programs to ensure safe and
healthy working conditions in all workplaces
especially in hazardous industries such as
mining, fishing, construction, and maritime
industry.
EMPLOYEE’S COMPENSATION CLAIM

A worker may file claims for compensation

benefit arising out of work-related
disability or death.

Such claims shall be processed

independently of the finding of fault, gross
negligence or bad faith of the employer in
a proceeding instituted for the purpose.
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 OSHand general labor
standards, such as OSH training packages
additional protective equipment, ,
guidance, recognition, awards and othertechnical
similar
incentives.
 PROHIBITED ACTS
RA 11058 Proposed IRR
• Willful failure or refusal or gross • Penalties provided herein shall be
negligence of an employer, contractor imposed after the lapse of the
or subcontractor, to comply with the remediation period to correct the
required OSH standards or with a violations on OSH standards based
compliance order issued by the on the inspection conducted pursuant
Secretary of Labor and Employment or to Department Order No. 183, Series
by of 2017 or the Revised Rules on the
the Secretary’s authorized Administration and Enforcement of
representative; Labor Laws pursuant to Article 128
of the Labor Code, as renumbered.
The penalties shall be computed on
a per day basis until full compliance
reckoned from the lapse of its
remediation period to correct
violation/s, except for non-
registration of establishment to
DOLE, without prejudice to the filing
of a criminal or civil case in the
regular courts, as the case may be.
 PROHIBITED ACTS
ProposedIRR
• It shall make such employer, • For purposes of computation of
contractor or subcontractor, liable administrative fines, the following are
for an administrative fine not the remediation period of the
exceeding Php100,000.00 per day following concerns/issues:
until the violation is corrected,
Imminent - One(1)day
counted from the date the employer
or contractor is notified of the danger
violation or the date the compliance PPE - Three (3) days
order is duly served on the employer. Others - Not exceeding Ninety (90)
The maximum amount shall be days based on
imposed with violations with a risk the approved
of death, serious injury or serious action plan
illness.
 PROHIBITED ACTS
• The following shall also constitute as willful failure or refusal:
– Reference to safety report of SO that but no action has been made despite findings
of OSHviolation/s,
– Reference to the minutes of the OSH committee that the prohibited act has been
tackled but still no action has been made,
– Repeated simple refusal or failure to comply following a report to DOLE by the
worker of prohibited act/s committed by employer, or
– Presence or risk or danger in plain view.
• Should there be non-compliance of two (2) or more items, all penalties shall be
imposed however the total daily penalty shall not exceed one hundred
thousan
d pesos (₱ 100,000.00).
 PROHIBITED ACTS

• Willful failure or refusal of an employer, contractor or subcontractor to comply

with the following OSH standards or with a compliance order issued by the
Secretary of Labor and Employment or his/her authorized representative:
Register establishment to DOLE ₱20,000.00
Provide job safety instruction or orientation prior to work ₱20,000.00
Provide worker’s training (first aid, mandatory workers training, mandatory OSH ₱25,000.00
training for safety officers and health
personnel)
Provide safety officer and/or OH personnel ₱35,000.00
Establish a safety and health committee ₱35,000.00
Formulate and implement a comprehensive safety and health program ₱40,000.00
Use approved or certified devices and equipment for the task ₱30,000.00
Provide PPE or charging of provided PPE to workers ₱30,000.00
Provide information on hazards and risk (absence of chemical safety data sheet, no ₱50,000.00
written SOP in materials handling,
lifting etc., no permitting system for confined spaces/hot works, no lock-out/tag-out
system etc.)
Follow DOLE issued WSO ₱50,000.00
Provide safety signage and devices ₱50,000.00
Provide certified personnel or professionals required by the OSH standards ₱50,000.00
Provide sanitary and welfare facilities ₱50,000.00
Provide medical supplies, equipment and facilities ₱50,000.00
 PROHIBITED ACTS
• When the violation exposes the worker to death, serious injury or
serious illness, the imposable penalty shall be One Hundred
Thousand Pesos (₱100,000.00).
•
• The Secretary of Labor and Employment may issue additional
violations and corresponding fines following consultation with
stakeholders.
•
• An employer, contractor or subcontractor who was found to be a
repeat violator of the above prohibited acts shall have the penalty
of additional fifty percent (50%) thereof and shall be compounded
for every instance of repeat violation.
•
 PROHIBITED ACTS
• If any of the following acts is present and there is non-compliance,
this shall merit the imposition of one hundred thousand pesos
(₱100,000.00) administrative fine separate and in addition to the
daily administrative fine imposed above:
– Repeated obstruction, delay or refusal to provide the Secretary of Labor and
Employment or any of its authorized representatives access to the covered
workplace, or refusal to provide or allow access to relevant records and
documents or obstruct the conduct of investigation of any fact necessary in
determining compliance with OSH standards;
– Misrepresentation in relation to adherence to OSH standards, knowing such
statement, report or record submitted to DOLE to be false in any material
aspect; or
– 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.
PROHIBITED ACTS

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.
UPDATED DOLE
COMPUTERIZED LABOR
LAW COMPLIANCE
The Secretary of Labor and Employment
SYSTEM 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.
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 thisAct.
 INTER-GOVERNMENTAL
COORDINATION AND
COOPERATION
Proposed IRR
RA 11058
• They shall regularly convene to • The committee shall
monitor the formulate policies,
. effective implementation of this Act as promulgate guidelines and
well as related programs and projects develop programs to carry
that are established to prevent and
eliminate the incidence of injury,
out the provisions of this
sickness or death in all workplaces Act. They shall regularly
convene at least once per
quarter, to monitor the
• effective implementation
• of this Rules as well as
related programs and
projects that are
established to prevent and
eliminate the incidence of
injury, sickness or death in
all workplaces.
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 thisAct.
SEPARABILITY CLAUSE

 unconstitutional, the provisions not affected declaration shall remain

If any part, section or provision of
force andeffect.

this Act shall be held invalid or

other
by
such
in full
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!