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Regulatory Requirements:

Occupational Safety and Health Standards

Marnie Alfar
HSE International Consultancy OSH Practitioner
HEALTH SAFETY & ENVIRONMENT
• OSH Standards are mandatory rules and standards set and
enforced to eliminate or reduce occupational safety and
health hazards in the workplace.

• Occupational health and safety is a cross-disciplinary area


concerned with protecting the safety, health and welfare of
people engaged in work or employment. The goal of all
occupational health and safety programs is to foster a safe
work environment. As a secondary effect, it may also protect
co-workers, family members, employers, customers,
suppliers, nearby communities, and other members of the
public who are impacted by the workplace environment.

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The OSH Standards are mandatory rules on occupational
safety and health promulgated pursuant to Article 162,
Book IV of the Labor Code of the Philippines, P.D. 442.

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Art. 162. Safety and health standards
The Secretary of Labor and
Employment shall, by appropriate
orders, set and enforce mandatory
occupational safety and health
standards to eliminate or reduce
occupational safety and health
hazards in all workplaces and
institute new, and update existing,
programs to ensure safe and
healthful working conditions in all
places of employment.

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Art. 163. Research.
• It shall be the responsibility of the Department of Labor and
Employment to conduct continuing studies and research to develop
innovative methods, techniques and approaches for dealing with
occupational safety and health problems;

• To discover latent diseases by


establishing causal connections between diseases and work in
environmental conditions; and to develop medical criteria which
will assure insofar as practicable that no employee will suffer
impairment or diminution in health, functional capacity, or life
expectancy as a result of his work and working conditions.

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What does safety and health in the
workplace mean?
• Safety refers to the physical or environmental conditions of work
which comply with prescribed Occupational Safety and Health
(OSH) Standards and which allow the workers to perform the job
within acceptable exposure limit to hazards. Occupational safety
also refers to practices related to production and work process.

• Health means a sound state of the body and mind of the workers
that enables the worker or employee to perform the job normally.

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What is the purpose of OSH Standards?

• OSH Standards aim to provide at least the minimum


acceptable degree of protection that must be afforded to every
worker in relation to the working conditions and dangers of
injury, sickness or death that may arise by reason of the
worker's occupation.
• The provision of OSH Standards by the State is an exercise of
police power, with the intention of promoting the welfare and
well-being of the workers.

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What are covered by the General
OSH Standards?
All establishments, workplaces and other undertakings are covered,
including agricultural enterprises whether operating for profit or not,
except:

• Residential places exclusively devoted to dwelling purposes.


• Mines which is under the Department if Environment and Natural
Resources (DENR).

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What does right to safe and healthful
conditions of work mean?
• It means that the worker shall be assured of effective protection
against the danger of injury, sickness or death through safe and
healthful working conditions.

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What is the minimum standard on
safety and health in the workplace?
The OSH Standards provide that every company shall keep and maintain its
workplace free from work hazards that are likely to cause physical harm to the
workers or damage to property. Thus, the worker is entitled to be provided by the
employer with:
• Appropriate seats, lighting and ventilation;
• Adequate passageways, exits and fire fighting equipment;
• Separate facilities for men and women;
• Appropriate safety devices like protective gears, masks, helmets, safety
boots, coats or first-aid kits;
• Medicines, medical supplies or first-aid kits;
• Free medical and dental services and facilities.

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What other safety requirements
should employers provide their
employees?
Employers must provide their employees with the following instruments and/or
working stations:
• Appropriate protective equipment and clothing such as overall head coverings,
goggles, gloves aprons and respirators;
• A properly designed exhaust system and waste disposal, local exhaust or general
ventilation to keep toxic fumes or gases, away from workers' breathing zone;
• Adequate number of fire extinguishers in the workplace;
• Designated safe smoking and welding areas far from combustible, flammable or
explosive materials, containers filled with explosives or flammable substances, and
containers that have held explosives or flammable materials;

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What safety measures must be
observed within the premises of
establishments?
Establishments must observe the following safety measures:
• Building premises shall have adequate fire, emergency or danger
signs and safety instructions of standard colors and sizes visible at
all times;

• Other visible signs that may be needed to direct the driver of


motorized vehicle such as STOP, YIELD, and DO NOT ENTER,
properly positioned within the compound of the establishment shall
be used to increase safety especially during the night;

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What safety measures must be observed
within the premises of establishments?
• Handicapped employees shall be restricted only to designated workplaces. As far
as practicable and feasible they shall be provided with facilities for safe and
convenient movement within the establishment;

• Good housekeeping shall be maintained at all times through cleanliness of building,


yards, machines, equipment, regular waste disposal, and orderly arrangement of
process operations, storage and filing materials;

• Adequate dressing rooms, locker rooms, comfort rooms and lavatories separate for
male and female workers shall be provided.

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Who enforces OSH Standards?
The Secretary of Labor and Employment, through the Regional
Director or his other authorized representative, enforces the
OSH Standards in the exercise of visitorial and enforcement
powers.

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What is enforcement power?
Enforcement power refers to the authority of the Secretary or
the Regional Director to order an erring employer, after due
notice and hearing, to comply with labor standards and issue a
writ of execution in case of non-compliance. If the violation
poses grave and imminent danger to the health and safety of
workers, suspension or cessation of the operations may be
effected within 24 hours from the issuance of the order.

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How are these Standards enforced?
• These standards are enforced through the inspectorate system. Thus, every
employer shall provide to the Secretary or to his/her duly authorized
representative access to its premises or records at any time of the day or night
whenever there is work to determine and effect compliance.

• Every establishment or workplace shall be inspected at least once a year.


However, special inspection visits may be authorized by the Regional Office to
investigate work-related accidents, occupational illness or dangerous
occurrences, conduct surveys, follow-up inspection recommendations, or to
conduct investigations or inspections upon request of an employer, worker or
labor union in the establishment.

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• If a worker or representative of workers or any concerned person
believes that such a violation of the OSH Standards exists which
threatens with physical harm or poses imminent danger to life,
what shall he do to correct the danger?

The said worker or workers’ representative shall request the RO for an


inspection of their area by giving full particulars or details regarding
such violation or danger.

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What does the Regional Office
do in such a case?
The Regional Office evaluates the report
and conducts a special inspection or
investigation immediately in the subject
establishment.
The complainant is notified in writing of the
outcome of such investigation.

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Rules of the Occupational Safety and
Health Standards
1000 General Provisions 1160 Boiler
1010 Other Safety Rules 1170 Unfired Pressure Vessels
1020 Registration 1180 Internal Combustion Engine*
1030 Training & Accreditation 1200 Machine Guarding
1040 Health & Safety Committee 1210 Electrical Safety
1050 Notification & Keeping of 1220 Elevators & Related
Occ. Illnesses & Injuries Equipment
1060 Premises of Establishments 1230 Identification of Piping System
1070 Environmental Control 1240 Power Piping Lines *
1080 Personal Protective Equipment 1410 Construction Safety
1090 Hazardous Materials 1420 Logging
1100 Gas & Electric Welding & 1940 Fire Protection & Control
Cutting Operations 1950 Pesticides & Fertilizers
1120 Hazardous Work Processes 1960 OH Services
1140 Explosives 1970 Fees
1150 Materials Handling & Storage 1980 Authority of LGUs
1990 Final Provisions

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Duties and responsibilities of the
employers and the employees in the
enforcement and compliance with OSH
Standards at the workplace

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Rule 1005: 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.

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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.

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Rule 1005: 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.

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DUTIES OF THE EMPLOYEES
• 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.

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General Provisions (Rule 1010)
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.

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Rule 1020 - Registration
• Every employer shall register his/her business with the
Regional Labor Office or authorized representative to provide
the DOLE with information as guide in its enforcement
activities.
• Free of charge
• Valid for lifetime, except when there is change in name,
location, ownership; opening after previous closing

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Rule 1030 - Training and Accreditation
of Personnel in OSH
• The BWC either directly or through accredited organizations, shall
conduct continuing training programs to increase the supply and
competence of personnel qualified to carry out the provision of this
Standards.

• Employer to appoint a safety officer on a full-time or part-time basis


depending on the type of workplace (whether hazardous or non-
hazardous) and number of workers in the workplace.

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A workplace is deemed hazardous if:
 The nature of the work exposes workers to dangerous
environmental elements, contaminants or work conditions,
including ionizing radiation, chemicals, fire, flammable substances,
noxious components, and the like
 The workers are engaged in construction work, logging, fire-fighting,
mining, quarrying, blasting, stevedoring, dock work, deep-sea
fishing and mechanized farming
 The workers use or are exposed to heavy or power-driven
machinery or explosive powder-actuated equipment
 The workers are engaged in the manufacture or handling of
explosives and other pyrotechnic products
 The workers use or are exposed to biological agents such as
bacteria, viruses and other parasites.

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Considered highly hazardous workplace:
 Where potential hazard within the company may affect the safety
and/or health of workers not only within but also persons outside the
premises of the workplace. The following are workplaces commonly
associated with potentially high hazardous activities:
 Petrochemical works and refineries;
 Chemical works and chemical production plants;
 LPG storage and materials;
 Stores and distribution center for toxic/hazardous chemicals;
 Large fertilizer stores;
 Explosives factories;
 Works in which chlorine is used in bulk;
 Activities closely similar to the activities enumerated above;
 Activities as determined by the Bureau in accordance with existing
issuances related to classification of establishments

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Rule 1030 - Training
and Accreditation of
Personnel in OSH
 All Safety Officers must complete the Bureau prescribed
Training Course-COSH/CST
 A full-time safety officer must be duly accredited by the
BWC.
 ACCREDITATION PROGRAM OF DOLE

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Requirements for Accreditation

• OSH PRACTITIONER
 Completion of Prescribed 40-Hour BOSH training from DOLE
accredited or recognized organizations.
 Relevant experience in OSH
-Three (3) years experience if applicant is duly licensed by PRC
-Four (4) years experience if applicant is a graduate of any 4 or 5
year college course without PRC license.
-Ten (10) years experience if applicant is a college undergraduate

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What are the requirements for
Accreditation?
• Duly accomplished Application Form (DOLE-BWC-AF-PCN-A1).
• Updated Original Certificate of employment
• Original actual functions/job description duly signed by the employer or
authorized official of the company.
• Photo copy of previous employment certificate (if necessary)
• Photo copy of Certificate of Completion on the 40-Hour Bureau prescribed
BOSH training course from DOLE-BWC Accredited STOs
• Photo copy of Certificate of Attendance/ Participation to other OSH related
trainings/ seminars from DOLE accredited / recognized organizations/institutions
• Photo copy of college diploma, transcript of records and/or PRC license, if any
• Proof of applicant’s achievements/ accomplishments/participation on OSH
• ( i.e. awards/recognitions, reports, programs prepared and submitted)

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Validity and Renewal of Accreditation
• Accreditation shall be valid for three
(3) years and shall be renewed upon
compliance with minimum
requirements pursuant to D.O. 16,
unless suspended, cancelled or
revoked
• Accreditation shall be renewed
within the prescriptive period of 30
calendar days prior to expiration
thereof.

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RULE 1040 - Health and Safety Committee
What is a Safety and Health Committee?

A Safety and Health Committee is a group of employees or


workers and management that plans and makes policies in all
matters pertaining to safety and health in the workplace. All
establishments are required to have a Safety and Health
Committee.

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When shall an establishment organize
a Safety and Health Committee?
In every workplace, a Safety and Health
Committee shall be organized within
sixty days after the Standards take
effect, and for new establishments,
within one month from the date
business starts operating.

In both cases the Safety and Health


Committee shall reorganize every
January of the following year.

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What are the types and composition
of a Safety and Health Committee?

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Duties of the Safety and
Health Committee

Safety and Health Committee shall:


 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;

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Duties of the Safety
and Health Committee
Safety and Health Committee shall:
 Submit reports to the manager/owner on its meetings and activities;
 Provide necessary assistance to government inspecting authorities in
the proper conduct of activities relating to enforcement of the
provisions of the Standards;
 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.

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Duties of Employer

• Establishes and adopts in writing administrative policies on


safety and health
• Reports to the enforcing authority the policies adopted
and required report requirements.
• Acts on recommended measures of health and safety
committee and in case of non-adoption, informs the
committee of the reason

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Duties of the Safety Officer
As per Rule 1047 of OSHS:
• Advises employers, supervisors and workers on
matters of safety for their guidance
• Investigates accidents as part of the Safety Committee
• Coordinates safety training programs for employees
and employers
• Make safety inspections of the plant as part of the
Safety Committee
• Maintains or helps maintain an accident record
system
• Acts as Secretary of the Safety Committee
• Provides assistance to government inspectors in the
conduct of safety and health inspection

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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.
– Provides the safety officer means for an objective evaluation of the program
– Helps identify high injury rates
– Provides information on accident causes which contributes to high injury rates.

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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 and 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.

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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.

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

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.

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• Emergency Hospital – An employer need not
put up an emergency hospital or dental clinic if
there is a hospital or dental clinic which is not
more than five(5) kilometers away in urban
areas and 25 minutes travel in rural areas
provided contracts are entered into with the
said hospital or dental clinic and that the
employer provides transportation facilities.

• Physician/Dentist shall be subject to call at any time in other


shifts during emergencies.

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Health Program
• The physician engaged by the employer, in addition to providing medical
services in cases of emergency, must also perform the following:

– Conduct pre-employment medical examination, free of charge, for the proper


selection of workers
– Conduct free of charge annual physical examination of the workers
– Collaborate with safety and technical personnel in the selection and
placement of workers, including investigation of work related accidents due to
exposure to health hazards
– Develop and implement a comprehensive health program for the employees

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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

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