OCCUPATIONAL SAFETY AND HEALTH
STANDARDS (OSHS)
What are the Philippine occupational health and
safety Standards?
-With the RA 11058, employers are now
required to comply with occupational safety and
health standards including informing workers on all
types of hazards in the workplace and having the
right to refuse unsafe work, as well as providing
facilities and personal protective equipment for the
workers, among others.
The Occupational Safety and Health Standards
(OSH) Law, was signed into law by Former
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.
Republic Act 11058 or “An Act Strengthening
Compliance with Occupational Safety and Health
Standards and Providing Penalties for Violations”
mandates employers to implement safety standards
in the workplace. Under the new law, workers are
encouraged to report violations of employers
especially threats of dismissal and non-payment of
salary. Such privilege is among the highlights of the
new measure especially if the health safety and
security of the worker is at risk.
Under Section 23 of the OSH Law, a worker is
entitled to receive his salary in the event of
company closure due to violations. If stoppage of
work due to imminent danger occurs as a result of
the employer’s violation or fault, the employer shall
pay the workers concerned their wages during the
period of such stoppage of work or suspension of
operations.
For purpose of payment of wages and any other
liabilities arising from the work stoppage order, the
employer is presumed a party at fault if work
stoppage order is issued secondary to imminent
danger, which would imperil the lives of the
workers. A worker may also file a petition to claim
compensation benefits in case of death or injury
during working hours.
The law also emphasizes the maximum amount of
P100, 000 daily as an administrative penalty for the
erring employer for non-correction of violation. The
amount of fine imposed shall depend on the
frequency or gravity of the violation committed or
the damage caused, provided, however, that the
maximum amount shall be imposed only when the
violation exposes the workers to a risk of death,
serious injury or serious illness.
The law covers all establishments, projects, sites,
Philippine Economic Zone Authority
establishments, and workplaces in all branches of
economic activity.
Among the key provisions of the new measure are
duties of employers, workers, and other persons
who manage, control or supervise the work being
undertaken. These responsibilities include the need
to furnish the workers a place of employment free
from hazardous conditions; give complete job
safety instructions or orientation to all the workers;
and inform the workers of the hazards associated
with their work. Other duties of both workers and
employers are to use only approved devices and
equipment for the workplace, and to comply with
OSH standards including the provision of protective
and safety devices such as personal protective
equipment and machine guards.
All safety and health personnel are also required to
undergo training on basic occupational safety and
health for safety officers as prescribed by the
Department of Labor and Employment. The law
further authorizes the Secretary of DOLE and
representatives to conduct inspections and
assessments in the workplace.
The Secretary is also given the authority to order a
stoppage of work or suspension of operations of
any establishments when non-compliance with the
law or implementing rules and regulations poses
grave and imminent danger to the health and safety
of workers. Refusal of an employer, contractor or
subcontractor to comply with the OSH standards or
with the compliance order issued by DOLE will be
liable for an administrative fine not exceeding to
P100,000 per day until the violation is corrected.
The fine collected will be used for the operation of
occupational safety and health initiatives including
occupational safety and health training and
education, and other occupational safety and health
programs.
Investigations in these accidents have proven that
non-compliance significantly contribute to
unfortunate occurrences resulting in threats either
to the life or limbs of workers.
OSH also commonly referred to as “workplace
health and safety” is an area concerned with the
safety, health and welfare of people engaged in
work or employment. The goals of occupational
safety and health program are to foster a safe and
healthy work environment. OSH may also protect
co-workers, family members, employers,
customers, and many others who might be affected
by the workplace environment.
All workers are entitled to work in environments
where risks to their health and safety are controlled.
Employers have the primary responsibility to see to
it that health and safety standards are followed.
Workers have a duty to take care of their own
health and safety and that of others who may be
affected by their actions at work. Workers must co-
operate with employers and co-workers to help
them meet the requirements of the law.