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OCCUPATIONAL SAFETY
& HEALTH LEGISLATION
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SUBMITTED BY: PATRICIA NICOLE S. ROSAS

JOHN PAUL B. BUAGAYAN
CHINVERLYN F. CHIAPOCO

SUBMITTED TO: ARCH. JUANITO Y. SY, UAP,

AACEP, EAROPH, SAME MA
ARCHITECTURE
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The Occupational Safety and Health Standards (OSH

Standards), as modified in 1989, serve as the nation's main
piece of law for fostering a safe and healthy workplace for all
working people by protecting them from any risks in their
working environment. Republic Act No. 11058, An Act
Strengthening Compliance with Occupational Safety and
Health Standards and Providing Penalties for Violations
Thereof, was passed on August 17, 2018, amending the OSH
Legislation. Via Department Order No. 198, its accompanying
Implementing Rules and Regulations (IRR) were made public
on December 7, 2018. The 1989 OSH regulations or places
covered by those regulations that R.A. No. 11058 is still in
effect. In order to promote the safety and health of workers,
the policies and programs implemented aim to be dynamic,
inclusive, and gender-sensitive.
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The Act applies to all establishments, projects, sites, and

other places where work is being undertaken. This includes
establishments located:

inside special economic zones

utilities engaged in air, sea, and land transportation
the mining
fishing
construction
agriculture
maritime industries
others; and contractors and subcontractors engaged in
projects of the public sector

However, the OSH standards do not apply to the public sector

as they have their own set of rules and regulations issued by
the Civil Service Commission and other government
agencies.
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INSTITUTIONAL STRUCTURES
AND MECHANISMS
The Secretary of Labor and Employment is empowered to
carry out yearly spot audits to ensure compliance with the
OSH requirements. The Secretary of Labor and Employment
or their representatives may not be hindered, delayed, or
obstructed in their actions. When violating the law or IRR
puts employees' health and safety at risk on the job, the
Secretary may also order that work be stopped or that
operations of any unit of an establishment be suspended.
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Duties and Rights of Employers

and Workers
Duties of Employers
Provide employees with a location of working that is free
from hazards that are causing or are likely to cause them
physical harm, disease, or death.

2. All employees should have thorough orientations that

cover all aspects of occupational safety, including getting
to know their workplace.

Be sure that ergonomic and psychological stresses, as

well as chemical, physical, and biological substances and
agents, do not represent a health risk.

Use only products and equipment that adhere to

recognized, particular industry standards in the
workplace.
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Duties and Rights of Employers

and Workers
Duties of Employers
Follow OSH regulations regarding training, medical
evaluations, and the use of protective and safety equipment
(e.g. PPE and machine guards). In addition to safety instruction
for the jobs, activities, and tasks that employees will handle,
training for workers also covers health promotion, hazards
related to their jobs, health risks involved or to which they are
exposed, preventive measures to eliminate or minimize risks,
steps to be taken in case of emergency, and health promotion.

Worker participation in the OSH management system's

development, implementation, monitoring, and evaluation is
encouraged.

To prepare for crises, fires, and accidents, include first-aid

provisions in trainings, exercises, and evacuation plans, among
other things.
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Duties and Rights of Employers

and Workers
Duties of Employers

Follow all reporting guidelines outlined in the OSH standards.

Register your business with DOLE (Department of Labor and
Employment).

To alert employees and the general public to workplace risks,

post safety signs and devices in visible and strategic areas, in a
language that everyone can understand, and in compliance
with OSH regulations for sign colors.

Before using heavy duty equipment, require personnel to

complete the necessary training and certification.
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Duties and Rights of Employers

and Workers
Duties of Employers

Fis responsible for adhering to OSH rules, including paying the

fines for infractions.

The affected employees must still be paid their respective

salaries throughout the period of operations suspension in the
event that work is stopped due to impending risk caused by
the employer's negligence.
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Duties and Rights of Employers

and Workers
Engage in safety and health-related capacity-
building initiatives.

Attend the required OSH seminar for workers.

Use all safety measures and equipment supplied

for the protection of workers properly.

Follow directions to avoid workplace mishaps or

dangerous scenarios that might arise.
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Duties and Rights of Employers

and Workers
Follow the procedures that must be followed in
emergency situations, such as participating in
regional or local disaster exercises.

All workplace hazards should be reported to the

worker's immediate supervisor or any other
relevant safety and health officials.

submit applications for compensation payments

owing to a disability or death at work.
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Right to Know
The employer is required to offer all employees
with accurate information on any dangers
RIGHTS OF present at work, as well as access to training,
education, and orientation on workplace risks
WORKERS and safety..

Right to Refuse Unsafe Works

If there is an immediate risk, the worker has
the right to decline labor without fear of
retaliation from the employer.
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Right to Report Accidents

Employees and their representatives are
entitled to notify the employer, DOLE, and
other relevant government bodies of accidents,
RIGHTS OF hazardous situations, and risks. They are not to
face any type of reprisal for reporting an
WORKERS accident.

Right to Personal Protective Equipment

Employers are required to offer PPE for each
body part that could be exposed to risks, as
well as a lifeline, safety belt, or harness, as well
as respirators, masks, or shields as needed. It
ought to be provided without cost.
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Workplace
Requirements
OSH PROGRAM
The size and amount of risk at each workplace
subject to the OSH Standards must determine the
appropriate OSH Program to be implemented. All
employees should be informed about this program
and have easy access to it. The DOLE Regional,
Provincial, Field, or Satellite Office having
jurisdiction over the establishment should also
receive a copy of their OSH program.
Table 1. Inclusions of OSH Program
Establishment Category
Less than ten (10) workers and
low risk establishments with
ten (10) to fifty (50) workers
Inclusions of the Program
1. Company commitment to comply with OSH requirements
2. General safety and health programs:
a. Safety and health hazard identification, risk assessment and control (HIRAC)
b. Medical surveillance
c. First aid and emergency medical services
3. Promotion of the following health domains:
a. Drug-free workplace (RA 9165)
b. Mental health services (RA 11036)
c. Healthy Lifestyle
4. Prevention and control of the following health domains:
a. Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome (RA 8504)
b. Tuberculosis (EO 187-03)
c. Hepatitis B (DOLE DA 05-2010)
5. Complete company or project details
6. Composition and duties of the OSH committee
7. OSH personnel and facilities
8. Safety and health promotion, training and education:
a. Orientation of all workers on OSH
b. Conduct of risk assessment, evaluation, and control
9. Conduct of toolbox or safety meetings and job safety analysis
10. Accident/incident/illness investigation, recording, and reporting
11. Provision and use of PPE, safety signage, and workers’ welfare facilities
12. Emergency and disaster preparedness and mandated drills
13. Solid waste management system
14. Control and management of hazards
Table 2. Inclusions of OSH Program
Establishment Category Inclusions of the Program

In addition to everything required above,

1. Safety and health promotion, training and education:
a. Orientation of all workers on OSH
b. Conduct of risk assessment, evaluation, and control
Medium to high risk c. Continuous training on OSH of OSH personnel
establishments with ten (10) to d. Work Permit System
2. Dust control and management, and regulations on activities such as building of temporary structures
fifty (50) and low to high risk
and lifting and operating equipment
establishments with fifty-one
3. Emergency and disaster preparedness and response plan to include the organization and creation of
(51) workers and above disaster control groups, business continuity plan, and updating the hazard, risk, and vulnerability
assessment
4. Prohibited acts and penalties for violations
5. Cost of implementing company OSH program

Occupational Safety and Health Committee – Tasked with observing and enforcing the safety and health program. They are
to effectively plan, develop, oversee, and monitor the program’s implementation.
Table 2. Inclusions of OSH Program
Establishment Category Composition of Committee

Less than ten (10) workers and low risk
establishments with ten (10) to fifty
(50) workers
Chairperson: Company owner or manager
Secretary: Safety officer of the workplace
Member: At least one (1) worker, preferable a union member if organized
One of the workers of the company must undertake first aid training from the Philippine Red Cross of any
DOLE recognized organization

Medium to high risk establishments Ex-officio chairperson: Employer or representative

with ten (10) to fifty (50) and low to
high risk establishments with fifty-one
(51) workers and above
Secretary: Safety officer of the workplace
Ex-officio members: Certified first-aider, OH nurse, OH dentist, and OH physician, if applicable
Members: Safety officers representing the contractor or subcontractor, representative/s of workers from
unions or elected workers through simple vote of majority.

Two (2) or more establishments
housed under one building or complex
(i.e. malls)
Joint Coordinating Committee – composed of all the health and safety committees to plan and implement
programs and activities concerning all establishments
Chairperson: Building owner or representative
Secretary: Safety officer of the building
Members: At least two safety officers from any of the establishments and at least two workers’
representatives

As a member of the OSH committee, safety officers oversee the overall management of the OSH program. They also monitor and inspect
any operation's health and safety-related aspects, support official inspections and accident investigations, and, if needed, issue Work
Stoppage Orders (WSO). Depending on their category, safety officers are required to meet the requisite training and experience criteria.
Table 3. Safety Officers OSH Training
Category Prescribed Training on OSH Minimum OSH Experience

1. Mandatory eight (8)-hour OSH orientation course

Safety Officer 1 (SO1)
& Two (2)-hour trainers’ training

1. Mandatory forty (40)-hour basic OSH training

Safety Officer 2 (SO2)
course applicable to the industry

1. Mandatory forty (40)-hour basic OSH training

course applicable to the industry;
Safety Officer 3 (SO3) 2. Additional forty-eight (48) hours of
advanced/specialized occupational safety At least two (2) years of experience in OSH
training course relevant to the industry; AND
3. Other requirements as prescribed by the OSH
standards

1. Mandatory forty (40)-hour basic OSH training

course applicable to the industry;
2. Additional forty-eight (48) hours of
Safety Officer 4 (SO4)
advanced/specialized occupational safety
Actual experience as SO3 for at least four (4) years
training course relevant to the industry; AND
3. An aggregate of three hundred twenty (320)
hours of OSH related training or experience
4. Other requirements as prescribed by the OSH
standards
 ARSPEC02

OSH
LAW
Reinforcing Occupational
Safety and Health Standards
in Philippine Workplaces
through RA 11058
 ARSPEC02

OSH LAW (RA11058)

Reinforcing Occupational Safety and Health
Standards in Philippine Workplaces through RA
11058

The health and safety of workers in the Philippines are

promoted and protected by Republic Act No. 11058 or an “An
Act Strengthening Compliance with Occupational Safety and
Health (OSH) Standards and Providing Penalties for Violations
Thereof.”

It was signed into law by President Rodrigo Duterte in August

2018. The Department of Labor and Employment (DOLE)
released the Implementing Rules and Regulations (IRR) in
December 2018 upon the approval of Labor Secretary Silvestre
H. Bello III.
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OSH LAW (RA11058)

Reinforcing Occupational Safety and Health
Standards in Philippine Workplaces through RA
11058

The OSH Law provides that each Filipino worker is protected

against injury, sickness or death through safe and healthful
working conditions and that employers must promote strict
but dynamic, inclusive, and gender-sensitive measures in the
formulation and implementation of policies and programs
related to occupational safety and health.

It applies to all establishments, projects, sites, including

Philippine Economic Zone Authority (PEZA) establishments,
and all other workplaces. The exposure to safety and health
hazards is the basis for having High Risk Establishments,
Medium Risk Establishments, and Low Risk Establishments.
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OSH Program must have the

following:
Statement of commitment to comply with OSH
requirements;
General safety and health, including a drug-free workplace;
Human Immunodeficiency Virus (HIV) and Acquired
Immune Deficiency Syndrome (AIDS)/tuberculosis/hepatitis
prevention control;
Company or project details;
Composition and duties of the safety and health committee;
Occupational Safety and health personnel and facilities;
Safety and health promotion, training and education;
Conduct of toolbox meetings;
Accident/incident/illness investigation, recording and
reporting;
Provision and use of personal protective equipment (PPE);
Provision of safety signage;
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OSH Program must have the

following:
Dust control and management, and regulations on activities
such as building of temporary structures, and lifting and
operation of electrical, mechanical, communications
systems and other equipment;
Provision of workers' welfare facilities;
Emergency preparedness and response plan;
Waste management system; and
Prohibited acts and penalties for violations.

Each workplace must have an OSH Committee to oversee the

overall management of the OSH Program. An OSH Officer must
be present in a workplace at all times to ensure the
enforcement of the OSH Program.
The DOLE requires all safety and health personnel to undergo mandatory training on basic OSH for safety officers.
It also requires all workers to undergo the mandatory 8-hour safety and health seminar that must have a joint
employer-employee orientation.
Meanwhile, the OSH Law outlines the duties of employers, contractors, subcontractors, and those who manage,
control, or supervise work:

1. Furnish the workers a place of employment free from hazardous conditions that are causing or are likely to
cause death, illness or physical harm to the workers;
2. Give complete job safety instructions or orientation to all the workers especially to those entering the job for
the first time, including those relating to familiarization with their work environment;
3. Inform the workers of the hazards associated with their work health risks involved ot to which they are exposed
to, preventive measures to eliminate or minimize the risks, and steps to be taken in cases of emergency;
4. Use only approved devices and equipment for the workplace;
5. Comply with OSH standards including training medical examination and where necessary, provision of
protective and safety devices such as personal protective equipment (PPE) and machine guards;
6. Allow workers and their safety and health representatives to participate actively in the process of organizing,
planning, implementing and evaluating the safety and health program to improve safety and health in the
workplace; and
7. Provide, where necessary, for measures to deal with emergencies and accidents including first-aid
arrangements.
Workers also have duties such as following the OSH standards, using the PPEs and other safety devices, and
reporting work hazards to the supervisor. The following rights of workers are indicated in the OSH Law:

1. Workers' Right to Know. - The right to safety and health at work shall be guaranteed. All workers shall be
appropriately informed by the employer about all types of hazards in the workplace, and provided access to
training and education on chemical safety, electrical safety mechanical safety, and ergonomical safety.
2. Workers' Right to Refuse Unsafe Work. - The worker has the right of refusal to work without threat or reprisal
from the employer if, as determined by the DOLE, an imminent danger situation exists in the workplace that
may result in illness, injury, or death, and corrective actions to eliminate the danger have not been undertaken
by the employer.
3. Workers' Right to Report Accidents. - Workers and their representatives shall have the right to report
accidents, dangerous occurrences, and hazards to the employer, to the DOLE, and other concerned
government agencies exercising jurisdiction as the competent authority in the specific industry or economic
activity.
4. Workers' Right to Personal Protective Equipment (PPE). - Every employer, contractor or subcontractor, if any,
shall provide his workers, free of charge, protective equipment for their eyes, face, hands and feet, and free, and
lifeline, safety belt or harness, gas or dust respirators or masks, protective shields whenever necessary by
reason of the hazardous work process or environment.
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PROHIBITED ACTS AND

ITS CORRESPONDING PENALTIES

Failure or refusal to comply with OSH standards or

compliance order shall be deemed willful when done
voluntarily, deliberately and intentionally.

An employer, contractor or subcontractor who is found to

have repeatedly violated the same prohibited act shall be
penalized of the corresponding fine plus an additional
fine equivalent to fifty percent (50%) thereof for every
instance of repeat violation.
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PROHIBITED ACTS AND

ITS CORRESPONDING PENALTIES

If any of the following acts is present and there is non-

compliance, the penalty of one hundred thousand pesos
(₱100,000.00) administrative fine shall be imposed
separate and in addition to the daily administrative fine
imposed above:

1.Repeated obstruction, delay or refusal to provide the

SecLab or any of its authorized representatives access to
the covered workplace or refusal to allow access to
relevant records and documents necessary in determining
compliance with OSH standards;
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PROHIBITED ACTS AND

ITS CORRESPONDING PENALTIES
1. When the violation exposes the worker to death,
serious injury or serious illness, the imposable penalty
shall be one hundred thousand pesos (₱100,000.00)
2. . Should there be 2 or more be non-compliances, all
penalties shall be imposed; provided that the total daily
penalty shall not exceed one hundred thousand pesos
(₱ 100,000.00)
3. . The RD shall, after due notice and hearing, impose the
appropriate administrative fines taking into
consideration the damage or injury caused and risk
involved including the severity and frequency of the
OSH violations and size of the establishment.
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PROHIBITED ACTS AND

ITS CORRESPONDING PENALTIES

4. Fines collected pursuant to this Rules shall be utilized

for the operation of OSH initiatives incentivizing qualified
employers and workers in recognition of their efforts
towards ensuring compliance with OSH.

5. The penalties shall be computed on a per day basis until

full compliance reckoned from the date of the notice of
violation or service of the compliance order to the
employer without prejudice to the filing of a criminal or
civil case in the regular courts, as the case may be.
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ALL OTHER OCCUPATIONAL SAFETY

AND HEALTH STANDARDS

All employers, contractors or subcontractors, if any, shall

comply with other occupational safety and health
standards as provided for in the

1978 DOLE Occupational Safety and Health Standards, as

amended.
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SECTION 14: SAFETY OFFICER

At least (2) years of experience in OSH

Safety Officer 1 (SO1) •Mandatory (8)-hours orientation course;

Two hours trainers’ training.
Safety Officer 2 (SO2) Mandatory 40-hour basic OSH training
course applicable to the industry.
Safety Officer 3 (SO3) Mandatory 40-hour basic training;
•Additional 40-hours of advance/specialized OSH training
•Other requirements as prescribed by the OSH Standards.
Safety Officer 4 (SO4) Mandatory 40-hour basic training;
•Additional 80-hours of advance/specialized OSH training;
•An aggregate of 320-hours of OSH related training or experience
(additional training may be converted to years of experience
where 80-hours of training may be equal to 1-year and vice versa;
•Other requirements as prescribed by the OSH Standards.
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SECTION 14: SAFETY OFFICER

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THANK
YOU