Occupational Safety and Health Legislations in the Construction Industry: A Comprehensive

Analysis of the Philippines

Regulatory Frameworks
A. Department of Labor and Employment (DOLE)
- DOLE is a government group in charge of creating rules and running projects about jobs and work. It's like
the boss of work-related stuff for the government. DOLE's main goals are to help people find jobs and make
sure the country's workforce is used well and growing. They do things like making rules for work and
organizing programs to improve job opportunities. Basically, DOLE is there to make sure work in the
country is good for everyone.
1. Occupational Safety and Health Center (OSHC)

- The OSHC has a big role in making sure workplaces are safe and healthy. They are like the national
experts on research and training for safety and health at work. Their goal is to provide really good services
to protect workers by having plans and programs to prevent accidents and keep everyone healthy. They
also want to make sure they do a great job for their clients and meet their needs to make them happy. The
OSHC follows all the rules and standards to make sure everything is done the right way.

Also, every two years, the OSHC puts on two special events called the Gawad Kaligtasan at Kasalusugan
(GKK) and the National Occupational Safety and Health (NOSH) Congress. These events are a big deal
because they are like the main programs that focus on making people more aware of safety and health at
work. The OSHC wants to make sure everyone is committed to having workplaces that are safe and
healthy all over the country. It's like a big effort to spread the word and get everyone on board for better
and safer work environments.
2. Bureau of Working Conditions (BWC) B. Republic Act No. 11058 - "An Act Strengthening
Compliance with Occupational Safety and Health Standards and Providing Penalties for Violations
Thereof" Key Provisions, Implications for the Construction Industry

- This law is all about making sure workplaces are safe and healthy for everyone. It applies to all kinds of
places where people work, except for the public sector. The law outlines what employers and workers need
to do to keep things safe. It covers things like following rules, having safety programs, and providing the
right facilities. Employers have responsibilities, like following the law and making sure workplaces are safe.
The law also talks about how much workers should be paid, things they shouldn't do, and what to do if
someone gets hurt at work. The main goal is to make sure workplaces are safe and healthy for everyone
involved.

B. Occupational Safety and Health Standards for the Construction Industry

General Provisions
1. Scope and Application
2. Definitions
Specific Provisions for Construction Sites

1. Site Preparation and Planning:

Before construction starts, the site is checked to understand the ground, overhead wires, and any obstacles.
The soil is leveled, soft areas replaced with compacted gravel, and mudsill areas leveled by excavation.

2. Safety in Design and Construction:

Detailed design instructions are needed, following engineering principles. Considerations include scaffold
space, site conditions, workmanship, material variability, and construction tolerances.

3. Use of Personal Protective Equipment (PPE):

Employees should wear face and eye protection when exposed to hazardous conditions, like flying items or
harmful radiation, to ensure their safety.

4. Emergency Preparedness and Response:

Having enough emergency supplies and a trained response team is essential. All employees need to know
the emergency protocol.

5. Hazardous Substances:

Qualified personnel in designated areas should handle hazardous substances using proper safety gear.
Unlabeled containers are not allowed, and containers with hazardous materials must be labeled.

6. Electrical Safety:

All electrical installations should follow regulations, with clearance granted before implementation. A safety
certificate is required before final inspection and connection of energy or services.

7. Scaffolding and Ladder Safety:

Scaffolds must be sturdy, made of appropriate materials, and properly stored. Height restrictions apply, with
engineering permission needed for taller structures.

8. Machinery and Equipment Safety:

Areas with mechanical handling equipment need sufficient clearance, with aisles kept free of obstacles and
marked properly to avoid hazards.

9. Fall Protection:

Workers must wear fall protection equipment at heights of two meters or more, and fall arrest equipment is
required at heights of ten meters or more. Personal fall arrest systems must be attached properly.

10. Fire Prevention and Control:

Fire protection equipment should be installed, inspected, and maintained according to regulations. The Fire
Code of the Philippines governs fire tests, and the PSME Code establishes requirements for sprinkler
systems and fire protection.
C. Compliance and Enforcement
A. Roles and Responsibilities of Employers
1. Implementation of OSH Programs
- The safety and health program, as required by the Department of Labor and Employment in the
Philippines, covers various aspects such as expressing commitment to comply with safety standards,
ensuring a drug-free workplace, preventing HIV/AIDS/TB/hepatitis, and detailing company/project
information. It outlines the composition and duties of a safety and health committee, personnel, and
facilities dedicated to safety. The program includes promoting safety, training, toolbox meetings,
investigating incidents, providing and using protective equipment, using safety signage, managing dust,
and ensuring welfare facilities for workers. It also addresses emergency preparedness, waste management,
and outlines prohibited acts with corresponding penalties. Employers, contractors, or subcontractors
develop the program in consultation with workers, submitting it to DOLE for approval. Once approved, the
program is communicated and made available to everyone in the workplace.
2. Provision of Training and Information
- In workplaces, everyone needs to go through safety training to make sure they know how to stay safe.
Firstly, those in charge of safety (safety and health personnel) have to take a special training about basic
safety rules set by the Department of Labor and Employment (DOLE). Secondly, all regular workers must
attend an eight-hour safety seminar required by DOLE, which also talks about how employers and
employees can work together safely. Lastly, people doing specific jobs, like using equipment, building
structures, handling chemicals, or doing welding, need extra training on those tasks to ensure they do them
safely. This training is important to follow the rules and keep everyone secure at work.
3. Record-keeping and Reporting
- Workers and their representatives have the right to tell their boss and government authorities if there are
accidents, dangerous things happening, or hazards at their workplace. This means they can report
problems to their employer, the Department of Labor and Employment (DOLE), and other government
agencies responsible for overseeing their specific industry or business. It's like a way for workers to speak
up about anything unsafe happening at work, and the government can then step in to make sure things are
safe. This is to make sure everyone is aware of and addresses any potential dangers or issues in different
types of work.
B. Roles and Responsibilities of Workers
1. Compliance with OSH Standards
- Every worker needs to help keep the workplace safe by following safety rules. This means using the
safety equipment provided and doing what the boss says to prevent accidents or dangerous situations. If
there's an emergency, workers should also know what steps to take. It's like everyone working together to
make sure the workplace is a safe and secure place for everyone.
2. Reporting Unsafe Conditions
- Workers can say "no" to doing a job if it's not safe, and they won't get in trouble for it. If the government
(DOLE) decides there's a big danger at work that could make people sick or hurt, and the boss hasn't done
anything to fix it, the workers have the right to refuse to do the job until it's safe. It's like a rule to make sure
everyone stays healthy and safe at work, and workers won't be punished for speaking up about dangerous
situations.
C. Inspections and Audits
1. Regular Workplace Inspections
- At every place where people work, like offices or construction sites, there have to be some important
things to make sure everyone is comfortable. This includes having enough clean water to drink, good
bathrooms, and places to wash up. If people need a place to stay, that should be there too. And, if there
are men and women working, they should have their own separate places for bathroom and sleeping.
These rules are there to make sure everyone has what they need and is treated right while they're working.
2. Penalties for Non-Compliance
- If a constructor, or subcontractor doesn't follow safety rules on purpose or ignores orders to do so, they
can be fined up to ₱100,000. This is on top of any daily fines they might get. The fine applies if they do
things like repeatedly stop inspectors from checking the workplace or hide important records. If they lie
about following safety rules or treat workers badly for telling the inspectors about safety problems, they can
also be in trouble. The fines are meant to make sure everyone sticks to safety rules and doesn't mistreat
workers who speak up about problems.

D. References
A.Kireeva. (2023, December 13). What is DOLE or Department of Labor and Employment

Philippines. Digido. https://digido.ph/articles/what-is-dole

Joselito Guianan Chan, Managing Partner, Chan Robles and Associates Law Firm. (n.d.).

OCCUPATIONAL SAFETY AND HEALTH CENTER (OSHC), REPUBLIC OF THE

PHILIPPINES - CHAN ROBLES VIRTUAL LAW LIBRARY.

https://chanrobles.com/legal3oshc.html

FAO.org : (n.d.). https://www.fao.org/faolex/results/details/en/c/LEX-

FAOC210219/#:~:text=Republic%20Act%20No.-

,11058%20an%20Act%20Strengthening%20Compliance%20with%20Occupational%20

Safety%20and%20Health,hazards%20in%20the%20work%20environment.