Key Points of RA 11058 “An Act Strengthening Compliance with Occupational Safety and Health Standards and Providing Penalties for Violations Thereof” and its IRR (D.O. 198-18) National Capital Region (NCR) DOLE-NCR Bldg., 967 Maligaya St., Malate, 1004 Manila Telephones: (02) 400-6242 & 243-3596 / 310-7572 & 310-4017 Fax: (632) 400-6241 [email protected]Cordillera Administrative Region (CAR) Cabinet Hill, 2600 Baguio City Tel. # (074) 443-5339 (074) 442-2447 [email protected][email protected]Region 1 Parammata Bldg., Sitio 5, Brgy. Biday City of San Fernando, 2500 La Union Tel. # 700-2520 Telefax: (072) 607-8114 [email protected]Region 2 Turingan Bldg., Campos St., Caritan Centro, Tuguegarao City, 3500 Cagayan Telephones: (078) 304-5085/ 844-1540 Imsd_services@@yahoo.com Region 3 Diosdado Macapagal Regional Gov’t, Center, Brgy. Maimpis,City of San Fernando 2000 Pampanga Tel. # (045) 455-1619 / 4551617 Telefax: (045) 455-1613 [email protected]Region 4-A CALABARZON 3/F & 4/F, Andenson Bldg. II, Barangay Parian, Calamba City, 4027 Laguna Tel. # (049) 545-7357/545-0292 Telefax: (049) 545-7360 [email protected]Region 4-B MIMAROPA 3rd Flr. Confil Bldg., Roxas Drive. Lumangbayan, Calapan City Oriental Mindoro Tel. # (043) 288-2080; 288-2078 [email protected]Region 5 Doña Aurora St., Old Albay, 4500 Legaspi City Tel. # (052) 480-5831 Telefax: (052) 480-3058 [email protected]Region 6 G/F Swan Rose Bldg., Commission Civil St., Jaro, Iloilo City 5000 Luna St., La Paz, 5000 Iloilo City Tel. # (033) 320-2377 Telefax: (033) 320- 8026 [email protected]Region 7 3 rd & 4 th Flr., DOLE-RO7 Bldg. Gen. Maxilom Ave. corner Gorordo Ave., Cebu City Telephones: (032) 266-9722 & (032) 236-6795 [email protected]Region 8 DOLE Compound. Trece Martirez St., 6500 Tacloban City 6500 Tel. # (053) 832-0698 Telefax: (053) 832-0697 [email protected]Region 9 3/F, QNS Bldg., Veterans. Ave. Tumaga, Zamboanga City 7000 Tel. # (062) 995-0214 Telefax: (062) 991-2673 [email protected]Region 10 Monte Carlo Bldg., RER Phase I, Kauswagan Nat’l Highway, Cagayan de Oro City Tel. # (088) 857-2218 Telefax: (088) 858-1685 do [email protected]Region 11 4 th Flr., Davao Ching Printers Bldg. cor. Dacudao Ave. & Lakandula St., Agdao 8000 Davao City Tel. # (082) 226-2481 Telefax: (082) 226-2671 [email protected]Region 12 102 Acepal Bldg., Mabini Extension, Koronadal City, 9506 South Cotabato Telephones: (083) 228-2190 & 228-4920 Telefax: (083) 520-0125 [email protected]Region 13 CARAGA Regional Office Nimfa Tiu Bldg., JP Rosales Ave. 8600 Butuan City Tel. # (085) 342-9503 Telefax: (085) 225-3229 [email protected]Directory of DOLE Regional Offices Enforcement/Effectivity Willful failure or refusal to comply with OSH Standards or compliance orders shall be penalized with not more than P100, 000 daily until full compliance; reckoned from the date of issuance of Notice of Results or Compliance Order. Prohibited Acts and its Corresponding Penalties: Repeated violation of the same prohibited act shall be pe- nalized of the corresponding fine plus 50% for every in- stance of repeat violation When the violation exposes the worker to death, serious injury or serious illness, the imposable penalty shall be P100,000 Additional P100,000 fine for refusal to access the workplace, refusal to provide or allow access to records, obstruct con- duct of investigation, misrepresentation and making retalia- tory measures such as termination, refusal to pay, reducing wages and benefits or discriminates any worker who has given information relative to inspection Enforcement is through the DOLE-Regional Offices having jurisdiction over the workplace D.O. 183-17 shall govern the procedure in the implementa- tion of DOLE D.O. 198-18 OSH Law IRR,DOLE D.O. 198-18 effectivity:25 January 2019 Penalties for Violations Republic of the Philippines Department of Labor and Employment BUREAU OF WORKING CONDITIONS Intramuros, Manila Registration of establishment to DOLE P20,000 Provision of job safety instruction or orientation prior to work P20,000 Provision of worker’s training (first aid, mandatory workers training, mandatory OSH training for safety officers and health personnel) P25,000 Provision of safety signage and devices P30,000 Provision of medical supplies, equipment and facilities P30,000 Submission of reportorial requirements as prescribed by OSH standards P30,000 Provision of safety officer and/or OH personnel P40,000 Provision of certified personnel or professional required by the OSH standards P40,000 Establishment of a safety and health committee P40,000 Formulation and implementation of a comprehensive safety and health program P40,000 Provision of information on hazards and risk (absence of chemi- cal safety data sheet, no written SOP in materials handling, lifting etc. no permitting system for confined spaces/hot works, no lock-out/tag-out system etc. P40,000 Provision of sanitary and welfare facilities P40,000 Use of approved or certified devices and equipment for the task P50,000 Provision of PPE or charging of provided PPE to workers P50,000 Compliance with DOLE issued WSO P50,000 Compliance to other OSH standards P40,000
Transcript
Key Points of
RA 11058 “An Act Strengthening Compliance with
Occupational Safety and Health Standards and Providing Penalties for
Willful failure or refusal to comply with OSH Standards or compliance orders shall be penalized with not more than P100, 000 daily until full compliance; reckoned from the date of issuance of Notice of Results or Compliance Order.
Prohibited Acts and its Corresponding Penalties:
Repeated violation of the same prohibited act shall be pe-nalized of the corresponding fine plus 50% for every in-stance of repeat violation
When the violation exposes the worker to death, serious injury or serious illness, the imposable penalty shall be P100,000
Additional P100,000 fine for refusal to access the workplace, refusal to provide or allow access to records, obstruct con-duct of investigation, misrepresentation and making retalia-tory measures such as termination, refusal to pay, reducing wages and benefits or discriminates any worker who has given information relative to inspection
Enforcement is through the DOLE-Regional Offices having jurisdiction over the workplace
D.O. 183-17 shall govern the procedure in the implementa-tion of DOLE D.O. 198-18
OSH Law IRR,DOLE D.O. 198-18 effectivity:25 January 2019
Penalties for Violations
Republic of the Philippines Department of Labor and Employment
BUREAU OF WORKING CONDITIONS Intramuros, Manila
Registration of establishment to DOLE P20,000
Provision of job safety instruction or orientation prior to work P20,000
Provision of worker’s training (first aid, mandatory workers training, mandatory OSH training for safety officers and health personnel)
P25,000
Provision of safety signage and devices P30,000
Provision of medical supplies, equipment and facilities P30,000
Submission of reportorial requirements as prescribed by OSH standards
P30,000
Provision of safety officer and/or OH personnel P40,000
Provision of certified personnel or professional required by the OSH standards
P40,000
Establishment of a safety and health committee P40,000
Formulation and implementation of a comprehensive safety and health program
P40,000
Provision of information on hazards and risk (absence of chemi-cal safety data sheet, no written SOP in materials handling, lifting etc. no permitting system for confined spaces/hot works, no lock-out/tag-out system etc.
P40,000
Provision of sanitary and welfare facilities P40,000
Use of approved or certified devices and equipment for the task P50,000
Provision of PPE or charging of provided PPE to workers P50,000
Compliance with DOLE issued WSO P50,000
Compliance to other OSH standards P40,000
Coverage
Duties and Rights
Workplace Classification based on Risks
OSH Personnel Complement
Safety and Health Training Requirements
Occupational Safety and Health (OSH) Programs
All workers shall have FREE access and use of the following welfare facilities:
Adequate supply of safe drinking water
Adequate sanitary and washing facilities
Suitable living accommodation as may be applicable such as in construction, shipping, fishing and night workers
Separate sanitary, washing and sleeping quarters for all genders, as may be applicable
Lactation Station
Ramps, railings and the like
Medical Facilities (treatment room/clinic)
Other workers’ welfare facilities as may be prescribed by the OSH Standards and other issuances
The employer, project owner, contractor or subcontractor and any person who manages, controls or supervises the work being undertaken shall be jointly and solidarily liable for com-pliance with the Occupational Safety and Health Standards and corresponding penalties for violations.
Incentives may be given to qualified employers and work-ers in recognition of their efforts in ensuring compliance with the OSH standards.
Incentives shall be given in the form of training, additional protective equipment, technical guidance, recognition awards and the like.
A Joint Coordinating Committee shall be established to effectively implement the Law and its IRR.
The Committee shall develop mechanisms for harmonizing each Agency’s mandates/policies/guidelines related to OSH, with reference to the Law .
DOLE to collaboratively work with DENR, DOE, DoTR, DA, DPWH, DTI, DILG-LGUs, DOH, DICT, PEZA and other govern-ment agencies.
Covered workplaces through the Health and Safety Commit-tee (HSC), shall develop and implement a suitable OSH Pro-gram following the DOLE-prescribed format.
OSH Program shall be submitted and considered approved upon stamped-received by concerned DOLE-Regional Office or Field Office. Pre-approved program shall be validated during inspection and may be modified by DOLE as neces-sary, based on existing laws, rules and regulations.
The HSC shall review and evaluate the OSH Program at least once a year or as necessary. A revised copy of the program shall be submitted to DOLE.
A suitable Construction Safety and Health Program (CHSP) specific for each construction project shall be submitted to concerned DOLE-Regional Office or Field Office for its ap-proval prior to start of the project.
The total cost of implementing OSH Programs shall be an integral part of the company’s operations cost.
All covered workplaces shall have qualified OSH personnel:
First Aider
Safety Officer
Nurses [Number and type of OSH personnel are based on the number of employees and the correct determination by the Safety Officer of his/her workplace classification]
*Refer to Table of OSH Personnel on Sec. 14 & Sec. 15 of D.O. 198-18
All OSH personnel shall undergo the prescribed mandatory trainings from DOLE-accredited Safety Training Organiza-tions or its recognized training institutions .
All workers shall undergo the mandatory 8-hour OSH semi-nar as prescribed by DOLE. This training may be conducted by the company safety officer in a staggered manner.
Workers performing critical occupations shall undergo the mandatory competency assessment and certification by TESDA.
Workers’ OSH seminars and trainings/orientations required by the employer or by other regulations in the performance of their task shall be undertaken at no cost to the worker and considered as compensable working time.
Workers’ Welfare Facilities
Joint and Solidary Liability
All private establishments where work is being undertaken including establishments located inside special economic zones and other investment promotion agencies (e.g. Philippine Eco-nomic Zone [PEZA], Clark Development Corporation [CDC])
Utilities engaged in air, sea and land transportation
Exemption — Public Sector (national government agencies, government-owned and controlled corporations with original charters, government financial institutions, state universities and colleges and local government units)
Employer’s Duties: provide a safe and healthy workplace through the following, among others:
Capacity building of all workers including mandatory trainings;
Provision of information on OSH;
Use of devices/equipment with approved industry standards;
Compliance with all the requirements of the OSH Standards;
Provide appropriate DOLE tested and approved PPEs FREE of charge to the workers.
Workers’ Rights:
To know the different types of hazards in the workplace;
Be provided with training, education and orientation;
To refuse unsafe work without threat or reprisal from the em-ployer in cases of imminent danger. Affected workers may be temporarily assigned to other work areas;
To report accidents and dangerous occurrences to DOLE-ROs and other government agencies in the most convenient way; Workers shall be free from retaliation for reporting any acci-dent;
Based on the level of risks brought about by the nature of activi-ties/business processes in the establishment; determined by the company safety officer.
Low Risk Workplace refers to those with less exposure to safety and health hazards, having low level of danger, with no or less probability to cause an accident, harm, injury or illness
Medium Risk Workplace refers to those having moderate ex-posure to safety and health hazards and with probability of an accident, injury or illness if no preventive or control measures are in place
High Risk Workplace refers to those wherein presence of haz-ards affects not only workers but persons outside establish-ment; with high level of exposure to safety and health hazards; probability of major accident is likely to occur
