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OSH Laws Every Auditors Should Know

Performing Health & Safety Audit Occupational Safety and Health Laws Every
Auditors Should Know
The Institute of Internal Auditors (Philippines) Learning Day
19 August 2016 | Dusit Thani Manila, Makati City

Engr. Robert C. Rubina


President & CEO - Synerquest
Accredited OSH Consultant - DOLE

OSH STANDARDS

PD 442 The Labor Code of


the Philippines

Article 162

Book IV, Title I Medical, Dental


and Occupational Safety
1974

Occupational Safety and Health


Standards, (OSHS) 1978
Amended 1989

OSH STANDARDS

A set of mandatory rules


on OSH which codifies all
safety orders issued prior
to its promulgation.
Patterned after the Standards
of other developed countries
Objective: protection of workers
Coverage: all workplaces (except
___________________)..1003.04

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means, electronic, mechanical, photocopying, recording, or otherwise, without written permission from Synerquest
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OSH Laws Every Auditors Should Know

Philippines Occupational Safety & Health


Standards (as amended)
1000 General Provisions
1010 Other Safety Rules
1020 Registration
1030 Training & Accreditation
1040 Health & Safety Committee
1050 Notification & Keeping of
Occupational Illnesses & Injuries
1060 Premises of Establishments
1070 Environmental Control
1080 Personal Protective Equipment
1090 Hazardous Materials

Philippines Occupational Safety & Health


Standards (as amended)
1100
1120
1140
1150
1160
1170
1200
1210
1220
1230
1410
1940
1960
1990

Gas & Electric Welding & Cutting Operations


Hazardous Work Processes
Explosives
Materials Handling & Storage
Boiler
Unfired Pressure Vessels
Machine Guarding
Electrical Safety
Elevators & Related Equipment
Identification of Piping System
Construction Safety (DO 13, s 1998)
Fire Protection & Control
Occupational Health Services
Final Provision (Penal Provision)

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OSH Laws Every Auditors Should Know

Rule 1005 (1): DUTIES OF EMPLOYER

Furnish his workers a place of employment


free from hazardous conditions.
Comply with the requirements of the
Standards.
Give complete job safety instruction to all
his workers
Use only approved devices and equipment
in his workplace.

Rule 1005 (2) (3): DUTIES OF EMPLOYEES

Cooperate with the employer in carrying out


the provisions of the Standards.

Report any work hazard to his/her


supervisor

Follow all instructions by the employer in .


compliance with the OSHS provisions.

Make proper use of all safeguards and


safety devices.

Rule 1045: DUTIES OF THE EMPLOYERS

Adopt administrative policies on safety in accordance


with the provisions of the Standards
Report to the Regional Director or his/her duly
authorized representative the policies adopted and
the safety organization established
Submit reports to the Regional Director or his/her
duly authorized representative once in every three
months on the safety performance, safety committee
meetings and its recommendations and measures
taken to implement the recommendation
Act on recommended safety measures
Provide access to appropriate authorities.

2016 by Synerquest Management Consultancy Services Inc.


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means, electronic, mechanical, photocopying, recording, or otherwise, without written permission from Synerquest
Management Consultancy Services Inc.

OSH Laws Every Auditors Should Know

Rule 1046: DUTIES OF THE WORKERS

Follow safety policies


Report unsafe conditions and practices to
the supervisor
Serve as member of the Health and Safety
Committee
Cooperate with Health and Safety
Committee
Assist government agencies in the conduct
of safety and health inspection.

Rule 1005 (4): DUTIES OF OTHER PERSONS

Any person including builders or


contractors, who visits, builds, innovates
or installs devices in establishments or
workplaces shall COMPLY with the
provision of OSHS rules and all regulations
issued by the employer in compliance with
the Standards and other issuances of the
Secretary.

12

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OSH Laws Every Auditors Should Know

13

RULE 1040 - Health and Safety Committee

is a group of employees and


management that plans and
develops polices in all matters
pertaining to safety and health
in the workplace

All establishments are required


to have a Safety and Health
Committee

Rule 1043 DUTIES OF THE HEALTH & SAFETY


COMMITTEE

Plan and develop accident prevention programs in the workplace


Inspect workplace to detect unsafe conditions
Review reports of inspection, results of accident investigations and
implementation of accident prevention program
Conduct safety meetings at least once a month
Submit reports to the manager/owner on its meetings and
activities
Train workers in safe work habits and procedures
Develop and maintain a disaster contingency plan and organize
such emergency service units as may be necessary to handle
disaster situations pursuant to the Emergency Preparedness
Manual for Establishments of the Office of Civil Defense.

2016 by Synerquest Management Consultancy Services Inc.


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means, electronic, mechanical, photocopying, recording, or otherwise, without written permission from Synerquest
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OSH Laws Every Auditors Should Know

Rule 1047 Duties of Safety Officer


Act as employers principal assistant and consultant in the
application of safety programs
Advice the employer, supervisors and workers on OSH
Investigate accidents (as part of the safety committee)
l Coordinate safety training programs
l Conduct safety inspections (as part of the safety committee)
l Maintain accident records system
l Provide assistance to government agencies in the conduct of
health and safety inspection, accident investigation or any other
related programs.
l
l

Managers/
Supervisors

Implementation
Training

Employees/
Workers/Staff

Follow

Report hazards

Management/
Executives

Policies
Resources

Health & Safety


Committee

Programming
Evalua0on
Coordina0on

Safety Roles & Responsibilities


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RULE 1050 - Notification & Keeping of


Accident and/or Occupational Illnesses
Notification - All work accidents or occupational
illnesses, resulting in disabling conditions or
dangerous occurrences shall be reported by the
employer to the Regional Labor Office
If Major work accidents results in death or
permanent total disability, employer shall initially
notify the Regional Labor Office within 24 hours.
1054: Keeping of Records - The employer shall
maintain and keep an accident or illness record
which shall be open at all times for inspection to
authorized personnel.

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OSH Laws Every Auditors Should Know


RULE 1070 - Occupational Health and
Environmental Control
The employer shall exert efforts to maintain and control
the working environment in comfortable and healthy
conditions for the purpose of promoting and maintaining
the health of his workers.
The employer shall carry out WEM where hazardous
work is performed and shall keep a record of such
measurement which shall be made available to the
enforcing authority.
WEM shall include temperature, humidity, pressure,
illumination, ventilation, concentration of substances &
noise.

* The WEM shall be performed periodically as may be


necessary but not longer than annually.

Rule 1080 -

Personal Protective
Equipment and Devices

1081.04 - No person shall be subjected or


exposed to a hazardous environmental
condition without protection.
1081.01 - Every employer shall at his own
expense furnish his workers with protective
equipment and barriers whenever necessary .

Rule 1090 Hazardous Materials


1091: Scope:
The provisions of this Rule shall apply to all
workplaces in which hazardous substances in solid,
liquid or gaseous forms are manufactured, handled
and used or in which flammable, irritating,
offensive or toxic dusts, fibers, gases, mists or
vapors are generated or released in quantities
injurious to health.

2016 by Synerquest Management Consultancy Services Inc.


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OSH Laws Every Auditors Should Know


Rule 1090 Hazardous Materials
1093.02: Control of Processes
1093.03: Use of Personal Protective Equipment
1093.04: Marking of Containers
1093.05: Testing of Atmosphere
1093.09: Precautionary Measures for Emergencies
1093.11: Spillage
1093.12: Instruction on Health Hazards

2016 by Synerquest Management Consultancy Services Inc.


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means, electronic, mechanical, photocopying, recording, or otherwise, without written permission from Synerquest
Management Consultancy Services Inc.

OSH Laws Every Auditors Should Know

2016 by Synerquest Management Consultancy Services Inc.


All rights reserved. No part of this material shall be reproduced, stored in a retrieval system, or transmitted by any
means, electronic, mechanical, photocopying, recording, or otherwise, without written permission from Synerquest
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OSH Laws Every Auditors Should Know


RA 9514 - THE FIRE CODE OF THE PHILIPPINES
CHAPTER 2. FIRE SAFETY IN BUILDINGS, STRUCTURES AND FACILITIES

2. All occupants or lessees of buildings, structures or facilities


shall organize themselves and develop and implement fire safety
programs to include among others, fire prevention in the
premises, notification of the BFP on the existence of a fire,
evacuation of persons and initial fire fighting. The building owner
shall take the initiative of formulating the fire safety program for
his building and of organizing the occupants to implement the
programs.
3. In buildings, leased to and used by one or several companies
or persons, the management of each company or each person
shall be responsible for fire safety measures within the leased or
occupied areas. The building owner shall be responsible for the
common areas in the building such as the means of egress,
utilities and building service equipment or systems.

RA 9514 - THE FIRE CODE OF THE PHILIPPINES


DIVISION 2. ORGANIZATION OF FIRE BRIGADES

SECTION 6.0.2.1 REQUIREMENTS B. For buildings


having various occupancies, the Building Administrator
and/or owner shall initiate the organization of a fire brigade
in the premises irrespective of the number of occupants.
SECTION 6.0.2.2 COMPOSITION The organization of
company fire brigades shall consist of the Fire Brigade
Chief, which shall be designated by the head of the
company, and shall be assisted by selected personnel. In
companies where more persons are available, they must
be organized into teams to function as a fire brigade
established according to its needs. The organization shall
be such that a fire brigade is on duty or on call at all times.

RA 9514 - THE FIRE CODE OF THE PHILIPPINES


DIVISION 3. TRAINING OF FIRE BRIGADES, FIRE SAFETY
PRACTITIONERS AND FIRE VOLUNTEER ORGANIZATIONS

SECTION 6.0.3.3 SCOPE OF TRAINING


A. All members of the fire brigade shall undergo
training on fire suppression, rescue, emergency
medical services and related emergency
response. They shall be instructed on the
handling of available fire rescue apparatus,
equipment, devices and tools. The training
program shall be adapted to suit the purpose of
the particular brigade. It shall include fire
suppression strategies, tactics, techniques and
the use of portable fire extinguishers and other
equipment, devices and tools.

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means, electronic, mechanical, photocopying, recording, or otherwise, without written permission from Synerquest
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OSH Laws Every Auditors Should Know


RA 9514 - THE FIRE CODE OF THE PHILIPPINES
DIVISION 4. COMMAND, EQUIPMENT MAINTENANCE AND FIRE DRILLS

SECTION 6.0.4.1 PRACTICE DRILLS


Practice drills shall be held to check the
ability of members to perform the
operations they are expected to carry out.
Drills shall be occasionally held under
adverse weather conditions to work on
special procedures needed under such
circumstances.

OSH STANDARDS
RULE 1960 - Occupational Health Services
Every employer is required to
provide in his workplace
medical and dental services,
emergency medicines and
dental facilities.

OSH STANDARDS

OCCUPATIONAL HEALTH PERSONNEL


Refers to the qualified first aider,
nurse, dentist or physician, whose
services have been engaged by
the employer in order to provide
occupational health services in the
establishment.

2016 by Synerquest Management Consultancy Services Inc.


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means, electronic, mechanical, photocopying, recording, or otherwise, without written permission from Synerquest
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11

OSH Laws Every Auditors Should Know


OSH STANDARDS
No. of
workers

Hazardous workplace

Non-Hazardous
Workplace

First-aider per shift FA Medicines First-aider per shift

1 50

FA Medicine

First-aider per shift


PT OH Nurse 4h/d 6d/w

First-aider per shift

100 - 199

First-aider per shift, FT nurse


PT doctor 4h/d 3d/w
PT dentist 4h/d 3d/w

First-aider per shift,


PT OH Nurse 4h/day

200-600

First-aider per shift, FT nurse


PT doctor 4h/d, 6d/w
PT dentist

First-aider per shift, FT nurse


PT doctor 4h/day, 3d/w
PT dentist

601 - 2,000

First-aider per shift, FT nurse


FT doctor or 2 PT doctors
FT dentist

First-aider/S, FT nurse
PT doctor 4h/d, 6/w
PT dentist

2,001 - above

First-aider/S, FT nurse/S
FT doctor + PT doctor/S
FT dentist

First-aider/S, FT nurse/S
FT doctor + PT doctor/S
FT dentist

51 -99

N otification and Keeping of Records of Accidents


and/or Occupational Illnesses (Rule 1050)

O ccupational Health Services (Rule 1960)


R egistration of business (Rule 1020)
T raining and Accreditation of Personnel
in OSH (Rule 1030)

H ealth & Safety Committee (Rule 1040)

W ork Accident/Illness Report (WAIR) - Rule 1050


A nnual Exposure Data Report (AEDR) - Rule 1050
R eport of Safety Organization (RSO) - Rule 1040
M inutes of the Meetings of Health and Safety
Committee (MoM) Rule 1040

A nnual Medical Report (AMR) - Rule 1960

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means, electronic, mechanical, photocopying, recording, or otherwise, without written permission from Synerquest
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OSH Laws Every Auditors Should Know


OTHER SAFETY-RELATED REQUIREMENTS

Chapter VII, Industrial Hygiene of PD 856 Sanitation Code of the Philippines


D.O. No. 53-03, IRR of RA 9165, Comprehensive
Dangerous Drugs Act of 2002
R.A. 8504, The Philippine AIDS Prevention and
Control Act of 1998
D.O. No. 73-05, Guidelines for the Implementation
of Policy and Program on Tuberculosis Prevention
and Control in the Workplace
RA 7877, Anti-Sexual Harassment Act of 1995.
DOLE Department Advisory No. 5, series of 2010,
guidelines on workplace policy and program on
Hepatitis B

OTHER SAFETY-RELATED REQUIREMENTS


Department Order No. 13 Series of 1998 or
Guidelines Governing Occupational Safety and
Health in the Construction Industry
Department Order No. 128-13, series of 2013,
amending Rule 1414 on Scaffoldings of the 1989
Occupational Health and Safety Standards
Department Order No. 56-03 series of 2003 or
Rationalizing the Implementation of Family Welfare
Program (FWP) in DOLE
Department Circular No.1 series of 2008 or Policy
Guidelines Governing the Occupational Safety &
Health of Workers in the Call Center Industry
Republic Act No. 10028 or the Expanded
Breastfeeding Promotion Act of 2009

OTHER SAFETY-RELATED REQUIREMENTS


Department Order No. 18-A series of 2011 or
Regulations Governing Constructing and
Subcontracting Arrangements (DO No. 162 s 2016)
Department Order No. 132 series of 2013 or
Guidelines on Maritime Occupational Safety and
Health
Department Order No. 131-B series of 2016
or Revised Rules on Labor Laws Compliance
System
Republic Act 8750 series of 1999 or Seat Belt Act
Republic Act 10586 series of 2012 or Anti-drunk
and anti-drugged Driving Act
Republic Act 10913 series of 2016 or AntiDistractive Driving Act
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13

OSH Laws Every Auditors Should Know


SALIENT FEATURES OF
DEPARTMENT ORDER NO. 13, series of 1998

12.2 No person shall be deployed in a construction


site unless he has undergone a safety and health
awareness seminar conducted by the Occupational
Safety and Health Center (OSHC), BWC and other
concerned offices of DOLE or by safety professionals
or safety organizations or other institutions DOLE has
accredited or recognized. The DOLE in collaboration
with constructors shall promote programs for the
implementation of these awareness seminars for
construction workers.

SALIENT FEATURES OF
DEPARTMENT ORDER NO. 13, series of 1998
General Safety and Health Measures
Basic rights and duties of workers
Emergency procedures
Good housekeeping
Welfare and first-aid facilities
Care and use of PPE
Personal hygiene and health protection
Safety and health rules and regulations

Daily tool box meetings

SALIENT FEATURES OF
DEPARTMENT ORDER NO. 13, series of 1998
wContent:
n

Section 13: Construction Safety and Health Training

All safety personnel assigned within the


construction site are required to undergo the
basic construction safety training course
prescribed by the Bureau of Working
Conditions. Continuing training (minimum of 16
hours per year) for all full-time safety personnel
shall also be a responsibility of each
constructor.

2016 by Synerquest Management Consultancy Services Inc.


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means, electronic, mechanical, photocopying, recording, or otherwise, without written permission from Synerquest
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14

OSH Laws Every Auditors Should Know

Now You Know That...(as per Occupational


Safety & Health Standards as amended)
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every employer shall register his business with the


Regional Labor Office to form part of a databank of
all covered establishments?
every employer shall appoint a safety officer on a
full-time or part-time basis depending on the number
of workers?
a part-time safety officer is required for a hazardous
workplace with less than 50 workers?
a full-time safety officer is required for a hazardous
workplace with more than 50 workers, two full-time
safety officers for 250 to 500 workers, and one
additional full-time for every additional 500?

Now You Know That...(as per Occupational


Safety & Health Standards as amended in 1989)
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all safety officers must complete the BWC-DOLE


prescribed training course prior to their appointment?
all full-time safety officers must meet the requirement of
duly-accredited Safety Practitioner which includes
completion of BOSH and LCM and years of experience
in the field of occupational safety and health?
in every field of employment, a health and safety
committee shall be organized?
a report on health and safety organization, annual work/
accident/illness exposure data report and annual
medical report form shall be submitted to BWC-DOLE
on or before January 20 of the following year?

Now You Know That...(as per Occupational


Safety & Health Standards as amended in 1989)
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the working environment measurement (noise,


temperature, illumination, humidity, etc.) shall be
performed periodically as may be necessary but not
longer than annually?
every employer shall at his own expense furnish his
workers with the right personal protective equipment
(PPE)?
fire exit drills shall be conducted at least TWICE EVERY
YEAR?
fire brigade including its training as required by the Fire
Code of the Philippines (RA 9514) shall be organized to
deal with fires and other related emergencies?

2016 by Synerquest Management Consultancy Services Inc.


All rights reserved. No part of this material shall be reproduced, stored in a retrieval system, or transmitted by any
means, electronic, mechanical, photocopying, recording, or otherwise, without written permission from Synerquest
Management Consultancy Services Inc.

15

OSH Laws Every Auditors Should Know

FINALLY, Now You Know That......


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accidents and ill health caused by work COST time and


money (LOSSES)?
taking action to improve health and safety standards, as
well as required by law, is also good for your business?
the government through Gawad Kaligtasan at
Kalusugan (GKK) and SMILE Program is recognizing
companies with good safety and health programs?
Synerquest Management can surely help you and will
provide advices about workplace safety and health
along with quality and environmental management and
business excellence?

46

THANK YOU
FOR
LISTENING!
ENGR. ROBIN C. RUBINA
OSH Trainer and Consultant
Professional Electrical Engineer
synerquest@yahoo.com
rcrubina@synerquest.com
3324762/4342743
47
09175051304

2016 by Synerquest Management Consultancy Services Inc.


All rights reserved. No part of this material shall be reproduced, stored in a retrieval system, or transmitted by any
means, electronic, mechanical, photocopying, recording, or otherwise, without written permission from Synerquest
Management Consultancy Services Inc.

16

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