COMPLIANCE WITH OCCUPATIONAL

SAFETY AND HEALTH STANDARDS

Occupational Safety and Health Standards Law and in relation to
Republic Act No. 11058 or An Act Strengthening Compliance with
Occupation Safety and Health Standards and Providing Penalties for
Violations Thereof
Applicable Laws

• Labor Code
• Occupational and Health Standards (As Amended,
1989)
• Republic Act No. 11058
What are Occupational Safety and Health
Standards?

These are policies, guidelines and standards

mandated by the State and implemented by
employers to ensure that its
employees/workers are protected against
dangers of injury, sickness or death through
safe and healthful working conditions.
Coverage and Application

• Under the law, the OSHS applies to all places of employment

except for the following:
• Establishments engaged in land, sea and air transportation, except for their
garages, dry docks, port hangars, maintenance and repair shops;
• Activities of lessees regarding safety of mining installations, surface or
underground, within the mining claim or lease, including mine safety,
mineral conservation and problem of pollution in establishments or
workplaces falling under “Mining Industry”.
• Under R.A. 11058, OSHS applies to all establishments, projects,
sites, including PEZA establishments, and all other places where
work is being undertaken in all branches of economic activity,
except the public sector.
Registration

• Every employer shall register his business with the Regional Labor Office
having the appropriate jurisidiction.
• Establishments should be registered within thirty (30) days before
operation.
• Establishments are considered one registrable unit regardless of size of
economic activity in one, single location.
• Registration is valid for the lifetime of the establishment.
• Re-registration is required under the following conditions:
• Change in business name;
• Change in location;
• Change in ownership; or
• Re-opening after previous closure.
Requirements for Registration

• Three (3) copies of the Registration Form;

• Layout plan of the place of work, floor by floor, in a scale of 1:100
meters; and
• White or blueprint showing all physical features of the workplace,
including storage, exits, aisles, machinery, clinic, emergency
devices and location.
Definitions – Hazardous Workplace

• Hazardous Workplace
• Where the nature of work exposes the workers to dangerous environmental elements,
contaminants or work conditions including ionizing radiation, chemicals, fire, flammable
substances, noxious components and the like;
• Where the workers are engaged in construction work, logging, fire fighting, mining,
quarrying, blasting, stevedoring, dock work, deep-sea fishing and mechanized farming;
• Where the workers are engaged in the manufacture or handling of explosives and other
pyrotechnic products;
• Where the workers use or are exposed to power driven or explosive powder actuated
tools; or
• Where the workers are exposed to biologic agents such as bacteria, fungi, viruses,
protozoas, nematodes, and other parasites.
Standards – Safety Man

• Accredited Safety Man per establishment

• Hazardous Workplace:
• 200 workers and below – One Part-Time
• Over 200 to 1000 workers – One Full-Time
• For every 1000 workers – One Full-Time
• Non-Hazardous Workplace:
• Less than 1000 workers – One Part-Time
• For every 1000 workers – One Full-Time
• Part-Time means at least four (4) hours per week allotted to perform the
duties of a Safety Man
• The employment of a full-time Safety Man may not be required if the
establishment enters into a written contract with a qualified consultant or
consulting oraganization
 Standards – Safety Man’s Duties
• Principal function is act as the employers’ principal assistant and consultant in the
application of programs to remove the hazards from the workplace and to correct unsafe
work practices.
• For this purpose, the Safety Man has the following duties:
• Serves as Secretary to the Health and Safety Committee. As such, he shall:
• Acts in an advisory capacity on all matters pertaining to health and safety for the guidance of the
employer and the workers.
• Conducts investigation of accidents as member of the Health and Safety Committee and submits his
separate report and analysis of accidents to the employer.
• Coordinates all health and safety training programs for the employees and employer.
• Conducts health and safety inspection as member of the committee.
• Maintains or helps in the maintenance of an efficient accident record system and coordinates actions
taken by supervisors to eliminate accident causes.
• Provides assistance to government agencies in the conduct of safety and health inspection, accident
investigation or any other related programs.
• For purposes of effectiveness in a workplace where full-time safety man is required, he shall report
directly to the employer.
Standards – Safety Consultant

• Safety Consultant
• One who has been a safety and health practitioner for at least five years and has
taken the necessary training from the Bureau of Working Conditions;
• Safety practitioner with at least ten years of experience in all fields of occupational
safety and health may not be required to undergo the required training with the
Bureau provided they secure from the Bureau a certification attesting to their
competence.
Standards – Health and Safety Committee

• Every place of employment shall organize a Health and Safety

Committee within one month from start of operations.
• Depending on the number of workers per establishment, the
Committee shall be composed of a Chairman, a Secretary who is
the Safety Man, and the Members which shall include employees
and the staff physician, nurse or first-aider.
Standards – Health Services

• Every employer, including the public sector, shall establish health

services at the workplace and employ or maintain Occupational
Health Practitioners depending on the number of their workers
and type of establishment
• Occupational Health Practitioner refers to a physician, nurse,
engineer, dentist or chemist duly licensed to practice his/her
profession in the Philippines.
 Standards – Health Services

• Hazardous Workplace with 1 to 50 workers

• Occupational Health Practitioners are required to inspect the workplace at least once every 2
months;
• Provide the services of a full-time first aider who maybe one of the workers in the workplace
and who has immediate access to the first-aid medicines;

• Hazardous Workplace with 51 to 99 workers

• Occupational Health Practitioners are required to inspect the workplace at least once a month;
• Provide the services of a part-time occupational health nurse who shall stay in the premises of
the workplace at least four (4) hours a day, six (6) times a week. Where there are more than
one work shift in a day: the nurse shall stay in the workplace during the shift which has the
biggest number of workers.
• The employer shall also provide the services of a full- time first-aider and shall maintain in his
place of employment an emergency treatment room for his workers.
Standards – Health Services

• Hazardous Workplace with 100 to 199 workers

• Have a part-time Occupational Health Physician
• Provide the services of a part-time occupational health physician and a part-time dentist
each of whom shall stay in the premises of the workplace at least four (4) hours a day,
three (3) times a week, and each one working on alternate days with the other, where
there are more than one work shift in a day, the physician and the dentist shall stay in the
workplace during the shift which has the biggest number of workers.
• In addition, the services of a full-time occupational health nurse and a fulltime first-aider
shall be provided. The employer shall maintain in his place of employment an emergency
treatment room for his workers.
Standards – Health Services

• Hazardous Workplace with 601 to 2000 workers

• Provide the services of a full-time occupational health physician who shall stay in the
premises of the workplace eight (8) hours a day, six (6) times a week, or two (2) part-
time occupational health physician each working four (4) hours a day, six (6) times a
week in alternate periods with the other. The services of a full-time dentist shall also
be provided. The physician and the dentist shall stay at the workplace during the shift
which has the biggest number of workers.
• The services of a full-time occupational health nurse and a full- time first-aider shall be
provided for every work shift.
• The employer shall maintain in his place of employment an emergency medical and
dental clinic for his workers.
Standards – Health Services

• Hazardous Workplace with more than 2000 workers

• Provide the services of a full-time occupational health physician and a full-time dentist,
each of whom shall stay in the premises of the workplace eight (8) hours a day, six (6)
times a week during the work shift which has the biggest number of workers. In addition,
the employer shall provide the services of one (1) part-time occupational health physician
for each of the other work shifts who shall stay in the premises of the workplace at least
four (4) hours a day, six (6) times a week.
• The services of a full-time occupational health nurse and a full-time first-aider shall also
be provided for every work shift. The employer shall maintain in his place of employment
an emergency hospital having a bed capacity of one (1) bed for every one hundred (100)
workers and a dental clinic.
Standards – Health Services

• Non-Hazardous Workplace with 1 to 99 workers

• Occupational Health Practitioners are required to inspect the workplace at least once every 6
months
• Provide the services of full-time first-aider who maybe one of the workers in the workplace
and who has immediate access to the first-aid medicines.
• Where the number of workers is from 51 to 99, an emergency treatment room shall be
provided.
• Non-Hazardous Workplace with 100 to 199 workers
• Occupational Health Practitioners are required to inspect the workplace at least once every 3
months.
• Provide the services of a part-time occupational health nurse who shall stay in the premises of
the workplace at least four (4) hours a day, six (6) times a week. Where there are more than
one work shift in a day, the nurse shall stay in the workplace during the shift which has the
biggest number of workers.
• The employer also provide the services of a full-time first-aider and shall maintain in his place
of employment an emergency treatment room for his workers.
 Standards – Health Services

• Non-Hazardous Workplace with 200 to 600 workers

• Provide the services of a part-time occupational health physician and a part-time dentist each of
whom shall stay in the premises of the workplace at least four (4) hours a day, three (3) times a
week, on alternate days with the other. Where there are more than one work shift in a day, the
physician and the dentist shall stay in the workplace during the shift which has the biggest number
of workers.
• In addition, the services of a full-time occupational health nurse and a full-time first-aider shall be
provided. The employer shall maintain in his place of employment an emergency treatment room
for his workers.
• Non-Hazardous Workplace with 601 to 2000 workers
• Provide the services of a part-time occupational health physician and a part-time dentist each of
whom shall stay in the premises of the workplace at least four (4) hours a day, six (6) times a week
working in alternate periods with the other. Where there are more than one work shift in a day, the
physician and the dentist shall stay in the workplace during the shift which has the biggest number
of workers.
• The employer shall also provide the services of a full-time occupational health nurse and a full-
time first-aider, and maintain in his place of employment an emergency clinic for his workers.
Standards – Health Services

• Non-Hazardous Workplace with more than 2000 workers

• Provide the services of a full-time occupational health physician and a full-
time dentist, each of whom shall stay in the premises of the workplace
eight (8) hours a day, six (6) times a week during the workshift which has
the biggest number of workers. In addition, the employer shall provide the
services of one part-time occupational health physician for each of the
other workshift who shall stay in the premises of the workplace at least four
(4) hours a day, six (6) times a week. The employer shall also provide the
services of a full-time occupational health nurse for every work shift. The
employer shall provide the services of a full-time first-alder and shall
maintain in his place of employment an emergency medical and dental
clinic for his workers.
Joint and Solidary Liability

• Compliance with R.A. 11058 shall be the joint and solidary liability
of the employer, project owner, general contractor, contractor or
subcontractor, and any person who manages, controls or
supervises the work being undertaken.
Prohibited Acts

Under R.A. 11058, the following are prohibited acts which shall
have corresponding fines as penalties:
• Willful failure or refusal by employer, contractor or subcontractor
to comply with the required OSHS or with a compliance order
issued by the Secretary; and
• Willful failure or refusal by employer, contractor or subcontractor
to comply with the required OSHS or with a compliance order
issued by the Secretary, and engages in the following acts to aid,
conceal or facilitate such non-compliance:
Prohibited Acts

• Repeated obstruction, delay or refusal to provide the Secretary

access to the workplace or relevant records and documents, or
obstruct the conduct of investigation of any fact necessary in
determining compliance with OSHS;
• Misrepresentation in relation to adherence to OSHS knowing that
such submission is false on any material aspect;
• Making retaliatory measures such as termination from
employment, refusal to pay or reduction of wages and benefits, or
in any manner discriminates against any worker who has given
information in relation to the inspection being conducted.