Rehabilitative Workers' Compensation Claims

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What is OSH?

Occupational safety and health (OSH) is a discipline with a broad scope involving many specialized fields.
In its broadest sense, it aims at:

• the promotion and maintenance of the highest degree of physical, mental and social well‐being of
workers in all occupations;

• the preparation and preservation of conditions in the workplace that reduce or prevent the likelihood
of persons being injured while performing their work;

• the prevention among workers of departures from health caused by their working conditions;

• the protection of workers in their places of employment from risks resulting from factors adverse to
their health; and  

• the placing and maintenance of workers in an occupational environment adapted to their physical and
mental capacities.

What are its benefits?

 Reduced risk or accidents or injuries by identifying and mitigating hazards


 Improved efficiency and productivity due to fewer employees missing work from illness or injury
 Improved employee relations and morale (a safer work environment is a less stressful work
environment)
 Reduced costs associated with accidents or injuries (healthcare and rehabilitative costs, losses in
productivity, impact on employees’ well-being)
 Lower insurance premiums resulting from fewer workplace incidents and workers’
compensation claims

What is the role of DOLE when in terms to safety and health?

DOLE issued, under the Article 162 of the Labor Code of the Philippines, Occupational and Safety Health
Standards. A set of rules that mandates the adoption and use of appropriate practices, means, methods,
operations or processes, and working conditions reasonably necessary to ensure safe and healthful
employment.

Occupational Safety and Health (OSH) standards refers to a set of rules issued by DOLE which  mandates
the adoption and use of appropriate practices, means, methods, operations or processes, and working
conditions reasonably necessary to ensure safe and healthful employment.

RULE 1000: General Provision

1001: Purpose and Scope

[The issuance of OSH standard is to protect every worker against the danger of injury, sickness, or death
through safe and healthy working conditions therefore conserving manpower resources and prevention
of loss or damage to lives and properties and still consistent to the state’s goal for the development of
every worker as human being. The standards are to apply to all places of work except to places unless
otherwise specified in this standard.]

1002: Definition

[Words that are frequently used in the OSH book were defined.]

1003: Administration and Enforcement

1003.01: DOLE

[DOLE shall implement the provisions of the OSH standards. Every employer shall give its secretary or his
authorized representative an access to its premises records for the purpose of determining he’s
compliance to the standard. Every establishment shall be inspected at least once a year to determine
compliance with the standard. Conducting special inspection visit may authorized by Regional Labor
office under the rule of 1980 of this standards for the investigation of accidents, occupational illnesses
and such upon request of an employer, worker or a labor union of the establishment. If there’s hazards
needing correction, enforcement officer will give reasonable period to come into compliance with the
order.]

1003.02: Application to Other Places of Employment

[When a condition of employment in workplaces not specifically covered by this Standards is the subject
of complaints, the provision of this Standards shall apply. For example…]

1003.03: Application to Transportation

[Establishments engaged in land, sea and air transportation are not covered except their garages, dry
docks, port hangars, maintenance and repair shops. If a worker was caught in an accident during
transportation…]

1003.04: Application to Mines

[…]

1003.05: Application to Chartered Cities and Municipalities

[…]

1004: Special Inspection, Investigation and Review

[Any worker or repetitive of workers or any concerned person who believes that a violation of any
provision in OSH standards may request an inspection to the Regional Labor Office or duly authorized
representative by giving details regarding the violation. And if finds a reasonable ground/s to believe
that a violation has really been committed, a special inspection shall be conducted immediately. The
complainant will receive writing of the outcome of the investigation immediately upon completion. The
Secretary of Labor and Employment shall review a failure or refusal to order compliance…]

1005: Duties of Employers, Workers and other Persons

[It is stated here that each employer shall provide a workplace free from hazardous conditions to his
workers, give complete job safety instructions especially to those new employees, comply to the
requirements of this standards, and use only approved devices and equipment in the workplace. Every
worker shall cooperate with the employer in carrying out the provisions of the standards. And shall
report to his supervisor if he discovered any work hazard. Every worker shall wear proper attire and use
safety devices as compliance to the standard and follow all the instructions given by the employer in
compliance with the provisions of the standards. Any person including builder, contractor or
enforcement agent who visits, builds, conducts business in any workplace shall comply too with the
provisions of the OSH standard.]

1006: Confidentiality of Trade Secrets

[All information reported or obtained which contains or might reveal a trade secret shall be considered
confidential except revelation of information is necessary. The Secretary, Regional Director or duly
representative shall issue appropriate orders to protect the confidentiality of trade secrets.]

RULE 1010: Other Safety Rules

1011: Promulgation of Rules

[Safety and health rules may be promulgated, amended, modified, or revoked. Upon determination that
a rule must promulgated or amended in order to serve the objectives of the Code, a draft of a proposed
Rule shall be made. Conformable with the principle of tripartism, dialogue or cooperation between
government, employers, and workers; the bureau may ask the advice and assistance of individuals and
organizations having special knowledge of the proposal under consideration. The bureau shall prepare
the proposal taking into consideration suggestions and recommendations available. Within 30 days, the
secretary shall act on the proposal, if rejected proposal shall be returned with reasons. After
reconsideration of the retuned proposal, the director shall resubmit the proposal. After approval, rule
shall be published in newspaper of general circulation and shall take effect 15 days from the date of
publication.]

1. Make a draft
2. Prepare for proposal
3. Forwarding of proposal for approval
4. Published upon approval

1012: Special Rules

1012.01: Work Conditions or Practices Not Covered by Standards

[Any specific rule applicable to a condition, practice, means, methods, operations or processes shall also
apply to other similar work situations for which no specific rule has been established.]

1012.02: Abatement of Imminent Danger

[When an enforcement officer finds an imminent danger exist in a workplace, affected employer and
workers shall inform of the danger and can request issuance of order for stoppage of operation to the
Regional Director. While the issuance of order is in pending, employer shall take appropriate measure to
ensure workers safety. Upon receipt of recommendation and determining if there’s really a danger,
Regional Director can warrant the issuance of stoppage order. The order shall require specific measures
necessary to avoid imminent danger. Where stoppage of operation is ordered, the Order shall allow
such correction, removal or avoidance of danger only where the same can be accomplished in a safe and
orderly manner. Within 48 hours a copy of the order and its related papers shall be provided to
secretary. The Secretary shall review the Order issued by the Regional Director and within a period of
not more than five (5) working days, issue a final Order either lifting or sustaining the Order of the
Regional Director. The Order shall remain in effect until danger is removed or corrected.]

1012.03: Suspension of Rules

[Order may temporarily suspend if has one of these resaons…]

1012.04: Variation Order

[If there shall be practical difficulty or unnecessary hardship in complying with the requirements of any
rule or provision of this Standards, the Secretary, upon the recommendation of the Director, may issue
an order allowing a variation in complying with such requirements, provided that the purpose of such
rule or provision is substantially served and the safety and health of the workers remain ensured. The
employer affected by such rule or provision may request in writing the Secretary, thru the Regional
Labor Office, to authorize such a variation stating the grounds for the request and the measures to be
taken or already being taken.]

1013: Hazardous Workplaces

[Hazardous workplace is where…]

RULE 1020: Registration

1021: General Provisions

Every employer as defined in Rule 1002 (1) shall register his business with the Regional Labor Office or
authorized representative having jurisdiction thereof to form part of a databank of all covered
establishments.

1022: Registrable Unit

The establishment regardless of size of economic activity, whether small, medium or large scale in one
single location, shall be one registrable unit.

1023: Period of Registration

(1) Existing establishments shall be registered within sixty (60) days after the effectivity of this
Standards.

(2) New establishments shall register within thirty (30) days before operation.

1024: Registration

[…]
RULE 1030: Training of Personnel in Occupational Safety and Health

1031: Training Programs

1032: Accreditation

1032.01: Criteria for Training

1032.02: Audit Systems

1033: Training and Personnel Complement

1034.01: Qualifications of a Safety Consultant

1034.02: Prohibition in the Practice of Occupational Safety and Health

https://blr.dole.gov.ph/2014/12/11/book-iv-health-safety-and-social-welfare-benefits/

https://www.ilo.org/wcmsp5/groups/public/---americas/---ro-lima/---sro-port_of_spain/documents/
presentation/wcms_250188.pdf

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