Lunar, Heather 2C

Summary

Book 4: Health, Safety and Social Welfare Benefits  inspection of steam boilers, pressure
vessels and pipings and electrical
CHAPTER II installations,
OCCUPATIONAL HEALTH AND SAFETY  the test and approval for safe use of
materials, equipment and other safety
Art. 162. Safety and health
Purpose: To devices
standards. The Secretary of
protect every  the approval of plans for such materials,
Labor and Employment shall,
worker against equipment and devices.
by appropriate orders, set and
enforce mandatorythe dangers of
occupational safety and health injury, sickness
The fee so collected shall be deposited in the
standards to eliminate or or death
national treasury to the credit of the occupational
reduce occupational safety and through safe
safety and health fund and shall be expended
and
health hazards in all workplaces healthy
exclusively for the administration and enforcement
and institute new, and update working
of safety and other labor laws administered by the
existing, programs to ensure conditions,
Department of Labor and Employment.
safe and healthful working thereby
conditions in all places of assuring the
conservation Art. 163. Research. It shall be the responsibility
employment.
of valuable of the Department of Labor and Employment to
manpower resources and the prevention of loss or conduct continuing studies and research to
damage to lives and properties. develop innovative methods, techniques and
approaches for dealing with occupational safety
and health problems; to discover latent diseases
LABOR SECRETARY AUTHORITY
by establishing causal connections between
diseases and work in environmental conditions;
A. Art 162. and to develop medical criteria which will assure
insofar as practicable that no employee will suffer
May set and enforce mandatory occupational safety impairment or diminution in health, functional
and health standards to: capacity, or life expectancy as a result of his work
and working conditions.
 eliminate or reduce occupational safety and
health hazards in all workplaces Art. 164. Training
 institute new, and update existing, programs. The Department of
programs to ensure safe and healthful Labor and Employment shall
working conditions in all places of develop and implement
employment. training programs to increase
the number and competence of
B. Art 165. personnel in the field of
occupational safety and
Collect reasonable fees through appropriate industrial health.
regulations for the:
 Lunar, Heather 2C

Art. 165. Administration of safety and health

laws. capacity, or life expectancy as a result
of his work and working conditions.
a. The Department of Labor and
Employment shall be solely responsible b. Art. 164. Training programs - develop and
for the administration and enforcement implement training programs to increase the
of occupational safety and health laws, number and competence of personnel in the field
regulations and standards in all of occupational safety and industrial health.
establishments and workplaces
wherever they may be located; c. Art. 165. Administration of safety and health
however, chartered cities may be laws
allowed to conduct industrial safety
inspections of establishments within Coverage
their respective jurisdictions where they
have adequate facilities and competent Covers all establishments, workplaces and other
personnel for the purpose as undertakings, including agricultural enterprises,
determined by the Department of Labor whether operating for profit or not.
and Employment and subject to national
Exceptions:
standards established by the latter.
 Engaged in land, sea and air transportation,
b. The Secretary of Labor and Employment
except their garages, dry-docks, hangars,
xxx
maintenance and repair shops and offices;
 Residential places exclusively devoted to
dwelling purposes; and
 Activities of a lessee regarding safety of mining
installations, surface or underground, within
the mining claim or lease, including mine
safety, mineral conservation and problem of
DEPARTMENT OF LABOR AUTHORITY pollution in establishments or workplaces
falling under “Mining Industry” as classified by
a. Art. 163. Research the NEDA.
I. to conduct continuing studies and
research to develop innovative
methods, techniques and approaches
for dealing with occupational safety
and health problems;
II. to discover latent diseases by
establishing causal connections
between diseases and work in
environmental conditions; and
III. to develop medical criteria which will
assure insofar as practicable that no
employee will suffer impairment or
diminution in health, functional
Lunar, Heather 2C

hundred eighty-six, as amended, including

the members of the Armed Forces of the
TITLE II Philippines, and any person employed as
EMPLOYEES’ COMPENSATION AND STATE casual, emergency, temporary, substitute
or contractual, or any person
INSURANCE FUND
compulsorily covered by the SSS under
Republic Act Numbered Eleven hundred
CHAPTER I
sixty-one, as amended.
POLICY AND DEFINITIONS
h. “Person” means any individual,
Art. 166. Policy. The State shall promote and partnership, firm, association, trust,
develop a tax-exempt employees’ compensation corporation or legal representative
program whereby employees and their thereof.
dependents, in the event of work-connected
disability or death, may promptly secure adequate i. “Dependent” means the legitimate,
income benefit and medical related benefits. legitimated or legally adopted or
acknowledged natural child who is
Art. 167. Definition of terms. As used in this Title, unmarried, not gainfully employed, and
unless the context indicates otherwise: not over twenty-one (21) years of age or
over twenty-one (21) years of age
provided he is incapacitated and
a. “Code” means the Labor Code of the
incapable of self-support due to a physical
Philippines instituted under Presidential
or mental defect which is congenital or
Decree Numbered four hundred forty-
acquired during minority; the legitimate
two, as amended.
spouse living with the employee and the
parents of said employee wholly
b. “Commission” means the Employees’
dependent upon him for regular support.
Compensation Commission created under
this Title.
j. “Beneficiaries” means the dependent
spouse until he/she remarries and
c. “SSS” means the Social Security System
dependent children, who are the primary
created under Republic Act Numbered
beneficiaries. In their absence, the
Eleven hundred sixty-one, as amended.
dependent parents and subject to the
restrictions imposed on dependent
d. “GSIS” means the Government Service
children, the illegitimate children and
Insurance System created under
legitimate descendants, who are the
Commonwealth Act Numbered One
secondary beneficiaries: Provided, That
hundred eighty-six, as amended.
the dependent acknowledged natural
child shall be considered as a primary
e. “System” means the SSS or GSIS, as the
beneficiary when there are no other
case may be.
dependent children who are qualified and
eligible for monthly income benefit.
f. “Employer” means any person, natural or
juridical, employing the services of the
k. “Injury” means any harmful change in the
employee.
human organism from any accident
arising out of and in the course of the
g. “Employee” means any person
employment.
compulsorily covered by the GSIS under
Commonwealth Act Numbered One
Lunar, Heather
l. “Sickness” means any illness definitely
accepted as an occupational disease listed
by the Commission, or any illness caused
by employment subject to proof that the
risk of contracting the same is increased
by working conditions. For this purpose,
the Commission is empowered to
determine and approve occupational
diseases and work-related illnesses that
may be considered compensable based
on peculiar hazards of employment.
m. “Death” means loss of life resulting from
injury or sickness.
n. “Disability” means loss or impairment of a
physical or mental function resulting from
injury or sickness.
o. “Compensation” means all payments
made under this Title for income benefits
and medical or related benefits.
p. “Income benefit” means all payments
made under this Title to the providers of
medical care, rehabilitation services and
hospital care.
q. “Medical benefit” means all payments
made under this Title to the providers of
medical care, rehabilitation services and
hospital care.
r. “Related benefit” means all payments
made under this Title for appliances and
supplies.
s. “Appliances” means crutches, artificial
aids and other similar devices.
t. “Supplies” means medicine and other
medical, dental or surgical items.
u. “Hospital” means any medical facility,
government or private, authorized by law,
an active member in good standing of the
Philippine Hospital Association and
2C
accredited by the Commission.
v. “Physician” means any doctor of medicine
duly licensed to practice in the
Philippines, an active member in good
standing of the Philippine Medical
Association and accredited by the
Commission.
w. “Wages” or “Salary”, insofar as they refer
to the computation of benefits defined in
Republic Act No. 1161, as amended, for
SSS and Presidential Decree No. 1146, as
amended, for GSIS, respectively, except
that part in excess of Three Thousand
Pesos.
x. “Monthly salary credit” means the wage
or salary base for contributions as
provided in Republic Act Numbered
Eleven hundred sixty-one, as amended, or
the wages or salary.
y. “Average monthly salary credit” in the
case of the SSS means the result obtained
by dividing the sum of the monthly salary
credits in the sixty-month period
immediately following the semester of
death or permanent disability by sixty
(60), except where the month of death or
permanent disability falls within eighteen
(18) calendar months from the month of
coverage, in which case, it is the result
obtained by dividing the sum of all
monthly salary credits paid prior to the
month of contingency by the total
number of calendar months of coverage
in the same period.
z. “Average daily salary credit” in the case of
the SSS means the result obtained by
dividing the sum of the six (6) highest
monthly salary credits in the twelve-
month period immediately preceding the
semester of sickness or injury by one
hundred eighty (180), except where the
month of injury falls within twelve (12)
calendar months from the first month of
Lunar, Heather 2C

coverage, in which case it is the result monthly salary credit multiplied by the
obtained by dividing the sum of all replacement ratio, and one and a half
monthly salary credits by thirty (30) times percent of the average monthly salary
the number of calendar months of credit for each credited year of service in
coverage in the period. excess of ten years: Provided, That the
monthly income benefit shall in no case
In the case of the GSIS, the average daily be less than two hundred fifty pesos.
salary credit shall be the actual daily
salary or wage, or the monthly salary or
wage divided by the actual number of
working days of the month of
contingency.

aa. “Quarter” means a period of three (3)

consecutive months ending on the last
days of March, June, September and
December.

bb. “Semester” means a period of two

consecutive quarters ending in the
quarter of death, permanent disability,
injury or sickness.

cc. “Replacement ratio” – The sum of twenty

percent and the quotient obtained by
dividing three hundred by the sum of
three hundred forty and the average
monthly salary credit.

dd. “Credited years of service” – For a

member covered prior to January, 1975,
nineteen hundred seventy-five minus the
calendar year of coverage, plus the
number of calendar years in which six or
more contributions have been paid from
January, 1975 up to the calendar year
containing the semester prior to the
contingency. For a member covered on or
after January, 1975, the number of
calendar years in which six or more
contributions have been paid from the
year of coverage up to the calendar year
containing the semester prior to the
contingency.

ee. “Monthly income benefit” means the

amount equivalent to one hundred fifteen
percent of the sum of the average
Lunar, Heather 2C

or life insurance benefit administered by the

System shall be subject to compulsory coverage.

Art. 169. Foreign employment.

The Commission shall ensure OVERSEAS
adequate coverage of Filipino FILIPINO
Art. 168. Compulsory coverage. Coverage in the
employees employed abroad, WORKERS
State Insurance Fund shall be compulsory upon
subject to regulations as it may
all employers and their employees not over sixty
prescribe.
(60) years of age: Provided, that an employee Filipinos working
who is over (60) years of age and paying abroad for an employer who carries on in the
contributions to qualify for the retirement or life Philippines any trade, business, industry are covered,
insurance benefit administered by the System and entitled to same benefits to employees working
in the Philippines.
shall be subject to compulsory coverage.

EFFECTIVE
DATE OF
CHAPTER II COVERAGE

COVERAGE AND LIABILITY First day of

operation but
not earlier
than January 1,
1975.
Art. 171. Registration. Each
1. COVERED EMPLOYERS employer and his employees
Art. 170.
shall Effective
register dateSystem
with the of in
• All employers, whether belonging to the public or coverage. Compulsory
accordance with its regulations.
private sector are covered. coverage of the employer
• Public Sector: covered by GSIS comprising the during the effectivity of this
National Government, Government REGISTRATION
Title shall take effect on the
owned/controlled corporations, Philippine first day of his operation, and
Tuberculosis society, The Philippine National Red 1.that
REGISTRATION
of the employee,PROCEDURE
on the (RULE II OF
Cross, and Philippine Veterans Bank. THE
date ofAMENDED RULES ON EMPLOYEES’
his employment.
• Private Sector: Covered by SSS. COMPENSATION)

2. COVERED EMPLOYEES Section1 – Requirement

GR; All employees not over 60 years old, whether
private or public.
EXP: employee who is over (60) years of age and
paying contributions to qualify for the retirement
a. Every employer shall register with the
System by accomplishing the prescribed
forms
b. Every employee shall be registered with
the System through his employer by
accomplishing the prescribed forms
Lunar, Heather
Section 2 – GSIS (applicable to public sector)
a. employer operating before January 1, 1975 –
register not later than March 31, 1975
b. employer operating on or after January 1,
1975 – register within one month from the
first day of operation
Section 3 – SSS (applicable to private sector)
a. employer already registered – need not
register again; automatically registered
b. employer not yet registered – register not
later than the first day of operation
c. employee already registered – need not
register again; automatically registered
d. employee not yet registered – register not
later than the date of employment
e. only one registration is needed for SSS,
Medicare and Employee’s Compensation
GUIDELINES IN REPORTING AN
UNREGISTERED EMPLOYEE BY EMPLOYER
a. every employee already reported need not
be reported again; automatically reported
b. newly hired employee – reported by his
employer not later than 30 days from date of
employment
c. every employee shall be deemed as having
been duly reported for coverage if the
System has received a report or written
communication about him from his
employer or an EC contribution paid in his
name by his employer, before a
compensable contingency occurs
2. WHEN AN EMPLOYEE IS DEEMED
REPORTED
 When the SSS or GSIS has received a
report or written communication about
him from his employer and Employees’
Compensation contribution paid in his
name before a compensable
contingency occurs
2C
3. EFFECT OF FAILURE TO REPORT
 Employer – fine (P1,000-P10,000)
and/or imprisonment for duration of
the violation or non-compliance or until
such time that rectification of the
violation has been made, at the
discretion of the Court
 Compensable contingency occurs after
30 days and before the System receives
any report for coverage about the
employee or EC contribution on his
behalf – employer liable to System for
the lump sum equivalent to the benefits
to which he or his dependents may be
entitled
Art. 172. Limitation of liability.
The State Insurance Fund shall FACTORS
be liable for compensation to THAT BAR
the employee or his
dependents, except when the
disability or death was
occasioned by the employee’s
intoxication, willful intention to
injure or kill himself or another,
notorious negligence, or
otherwise provided under this
Title.
COMPENSABILITY
1. Intoxication
2. Willful intention to injure or kill
himself or another
3. Notorious negligence
Lunar, Heather 2C

 Art. 173 – payment of compensation under this

Art. 173. Extent of liability. Title shall nor bar recovery of benefits as
Unless otherwise provided, the provided for in:
liability of the State Insurance  Sec. 699 of Revised Administrative Code
Fund under this Title shall be
exclusive and in place of all o RA 1161, as amended
other liabilities of the employer o RA 610, as amended
o RA 4864, as amended
to the employee, his
dependents or anyone
otherwise entitled to receive  Other laws whose benefits are administered by
the System or by other agencies of the
damages on behalf of the
government
employee or his dependents.
The payment of compensation
under this Title shall not bar Q: Does it mean that the
the recovery of benefits as employee can recover from
provided for in Section 699 of both the Labor Code and other
the Revised Administrative specified laws?
Code, Republic Act Numbered
Eleven hundred sixty-one, as A: No (Rule IV of the Amended Rules on Employees’
amended, Republic Act Compensation)
Numbered Forty-eight hundred
SEC. 2. Exclusiveness –
sixty-four as amended, and
(a) Whenever other laws provide similar benefits for
other laws whose benefits are the same contingency covered by these Rules, the
administered by the System or employee who qualifies for the benefits shall have
by other agencies of the the option to choose under which law will be paid to
government. (As amended by him. However if benefits chosen by law are less than
Presidential Decree No. 1921). the benefit provided under these Rules – Employees’
Compensation to pay only the difference in benefits

EXCLUSIVENESS OF LIABILITY (b) The employee shall not be qualified to avail

himself at the same time of similar benefits provided
 Liability of State Insurance Fund is exclusive and by different laws, except the difference in benefits
in place of all other liabilities which the employer
may have to the employee, his dependents or
Art. 174. Liability of third
anyone entitled to receive damages in behalf of
the employee or his dependents
party/ies. INJURY OR
 Relieves the employer from any further DEATH
When the disability or death is
obligation to directly pay compensation benefits CAUSED BY
caused by circumstances
to its employees for work-connected sickness or creating a legal liability against
A THIRD
injury a third party, the disabled PARTY
employee or the dependents, THIRD
RECOVERY UNDER OTHER LAWS in case of his death, shall be PARTY
paid by the System under this
Title. In case benefit is paid  Any
under this Title, the System person
shall be subrogated to the
rights of the disabled employee
or the dependents, in case of
his death, in accordance with
the general law.
 Where the System recovers

Lunar, Heather 2C

who is not the employer of the injured

employee
CHAPTER III
 Injury or death caused by a third party is
compensable if all the requisites for ADMINISTRATION
compensability are met, but claimant cannot
receive payment twice for the same injury

Art. 175. Deprivation of the benefits. Except as

otherwise provided under this Title, no contract,
regulation or device whatsoever shall operate to
deprive the employee or his dependents of any
part of the income benefits and medical or
related services granted under this Title. Existing
medical services being provided by the employer
shall be maintained and continued to be enjoyed
by their employees.

NULL AND VOID

Any contract, regulation or device which operate to

deprive the employee or his dependents of any part
of the income benefits and medical or related
service
Lunar, Heather
c.
COMPOSITION OF EMPLOYEE'S
Art. 176. Employees’ Compensation Commission.
d.
a. To initiate, rationalize, and coordinate the
policies of the employees’ compensation
program, the Employees’ Compensation
Commission is hereby created to be
composed of five ex-officio members, namely:
the Secretary of Labor and Employment as
Chairman, the GSIS General Manager, the SSS
Administrator, the Chairman of the Philippine
Medical Care Commission, and the Executive
Director of the ECC Secretariat, and two
appointive members, one of whom shall
represent the employees and the other, the
employers, to be appointed by the President
of the Philippines for a term of six years. The
appointive member shall have at least five
years experience in workmen’s compensation
or social security programs. All vacancies shall
be filled for the unexpired term only. (As
amended by Section 19 [c], Executive Order
No. 126)
b. The Vice Chairman of the Commission shall be
alternated each year between the GSIS
General Manager and the SSS Administrator.
The presence of four members shall
constitute a quorum. Each member shall
receive a per diem of two hundred pesos for
every meeting that is actually attended by
him, exclusive of actual, ordinary and
necessary travel and representation
expenses. In his absence, any member may
designate an official of the institution he
serves on full-time basis as his representative
to act in his behalf. (As amended by Section 2,
Presidential Decree No. 1368)
COMPENSATION COMMISSION
2C
The general conduct of the operations and
management functions of the GSIS or SSS
under this Title shall be vested in its
respective chief executive officers, who shall
be immediately responsible for carrying out
the policies of the Commission.
The Commission shall have the status and
category of a government corporation, and it
is hereby deemed attached to the
Department of Labor and Employment for
policy coordination and guidance. (As
amended by Section 2, Presidential Decree
No. 1368)
a. Chairman
- Secretary of Labor and Employment
b. Ex-Officio Members
- Executive Director of ECC
- 6816 General Manager
- Chairman of Medicare Commission
c. Appointive Members
- Employees' Representative
- Employers' Representative
QUALIFICATION
Appointive members - at least five (5) years
experience in workmen's compensation or
social security program
TERM OF OFFICE
Appointive members - six (6) years
Vacancies - filled for unexpired term only
ART. 177. POWERS AND DUTIES.
The Commission shall have the following powers and
duties:
a. To assess and fix a rate of contribution from
all employers;
b. To determine the rate of contribution
payable by an employer whose records
show a high frequency of work accidents or
occupational diseases due to failure by the
said employer to observe adequate safety
measures;
Lunar, Heather
c. To approve rules and regulations governing
the processing of claims and the settlement
of disputes arising therefrom as prescribed
by the System;
d. To initiate policies and programs toward
adequate occupational health and safety
and accident prevention in the working
environment, rehabilitation other than
those provided for under Article 190 hereof,
and other related programs and activities,
and to appropriate funds therefor; (As
amended by Section 3, Presidential Decree
No. 1368)
e. To make the necessary actuarial studies and
calculations concerning the grant of
constant help and income benefits for
permanent disability or death and the
rationalization of the benefits for
permanent disability and death under the
Title with benefits payable by the System
for similar contingencies: Provided, That the
Commission may upgrade benefits and add
new ones subject to approval of the
President: and Provided, further, That the
actuarial stability of the State Insurance
Fund shall be guaranteed: Provided, finally,
That such increases in benefits shall not
require any increases in contribution,
except as provided for in paragraph (b)
hereof; (As amended by Section 3,
Presidential Decree No. 1641)
f. To appoint the personnel of its staff, subject
to civil service law and rules, but exempt
from WAPCO law and regulations;
g. To adopt annually a budget of expenditures
of the Commission and its staff chargeable
against the State Insurance Fund: Provided,
That the SSS and GSIS shall advance on a
quarterly basis, the remittances of
allotment of the loading fund for the
Commission’s operational expenses based
on its annual budget as duly approved by
the Department of Budget and
Management; (As amended by Section 3,
Presidential Decree No. 1921)
2C
h. To have the power to administer oath and
affirmation, and to issue subpoena and
subpoena duces tecum in connection with
any question or issue arising from appealed
cases under this Title;
i. To sue and be sued in court;
j. To acquire property, real or personal, which
may be necessary or expedient for the
attainment of the purposes of this Title;
k. To enter into agreements or contracts for
such services and as may be needed for the
proper, efficient and stable administration
of the program;
l. To perform such other acts as it may deem
appropriate for the attainment of the
purposes of the Commission and proper
enforcement of the provisions of this
Title. (As amended by Section 18,
Presidential Decree No. 850)
DISBURSEMENT LIMITATION FOR
Art. 178. Management of funds. All revenues
collected by the System under this Title shall be
deposited, invested, administered and disbursed
in the same manner and under the same
conditions, requirements and safeguards as
provided by Republic Act Numbered eleven
hundred sixty-one, as amended, with regard to
such other funds as are thereunder being paid to
or collected by the SSS and GSIS, respectively:
Provided, That the Commission, SSS and GSIS
may disburse each year not more than twelve
percent of the contribution and investment
earnings collected for operational expenses,
including occupational health and safety
programs, incidental to the carrying out of this
Title.
OPERATIONAL EXPENSES
Lunar, Heather 2C

Twelve percent (12%) of the contributions and JURISDICTION FOR CLAIMS

investment earning collected
ORIGINAL AND EXCLUSIVE JURISDICTION
Art. 179. Investment of
funds. Provisions of existing  Disputes relating to coverage, entitlement
laws to the contrary THE STATE to benefits, collection and payment of
notwithstanding, all revenues INSURANCE contributions and penalties thereon or any
as are not needed to meet FUND matter related thereto
current operational expenses  GSIS – employees under the public sector
under this Title shall be  Comp  SSS – employees under the private sector
accumulated in a fund to be rised
known as the State Insurance of all APPELLATE JURISDICTION
Fund, which shall be used
 Employee’s Compensation Commission
exclusively for payment of the
 Within thirty (30) calendar days from
benefits under this Title, and no
receipt of decision
amount thereof shall be used
for any other purpose. All
APPEAL TO THE SUPREME COURT
amounts accruing to the State
Insurance Fund, which is
 Pure questions of law by way of appeal by
hereby established in the SSS
certiorari under Rule 45 of the rules of
and GSIS, respectively, shall be
Court
deposited with any authorized
 Within 15 days from notice of final order or
depository bank approved by
resolution appealed from
the Commission, or invested
with due and prudent regard
Art. 182. Enforcement of
for the liquidity needs of the
decisions.
System. (As amended by PAYMENT
Section 4, Presidential Decree a. Any decision, order or OF AWARDS
No. 1368) resolution of the
revenues that are not needed to meet Commission shall
current operational expenses become final and
 Cannot be used for any purpose than Art. 181. Review.
executoryDecisions, orders or resolutions
if no appeal
payment of the employee’s compensation of the Commission
is takenmaytherefrom
be reviewed on certiorari
benefits within Court
by the Supreme ten (10) days
on question of law upon
 Deposited with any authorized depositary from notice thereof.
petition of an aggrieved party within ten (10)
bank approved by the Employees’ All awards granted by
days from notice thereof.
Compensation Commission or invested with the Commission in
due regard for the liquidity needs of the cases appealed from
System decisions of the Decisions,
System shall be orders or
effected within fifteen resolutions of
days from receipt of the ECC en
Art. 180. Settlement of claims.
notice. banc shall be
The System shall have original
complied with
and exclusive jurisdiction to
settle any dispute arising from b. In all other cases,
this Title with respect to decisions, orders and
coverage, entitlement to resolutions of the
benefits, collection and Commission which
payment of contributions and have become final and
penalties thereon, or any other executory shall be
matter related thereto, subject enforced and executed
Lunar, Heather 2C

by the SSS or GSIS within fifteen (15) days from PAYMENT OF PREMIUM CONTRIBUTIONS
receipt

ENFORCEMENT OF OTHER DECISIONS Sole Obligation of Employer

 Any contract or device for the deduction of any

 Same manner as decisions of the RTC
portion thereof from the wages of the employee
 Employees’ Compensation Commission (ECC)
– null and void
 Power to issue to the City or Provincial  Contributions – non-refundable
Sheriff or to the Sheriff it may appoint, such
writs of execution as may be necessary for
the enforcement of such decisions, orders EFFECT OF DEATH OR SEPARATION FROM
or resolutions EMPLOYMENT

Employer’s obligation to pay the monthly

CHAPTER IV contribution ceases in the last day of the month of
CONTRIBUTIONS contingency

Art. 183. Employers’ Art. 184. Government guarantee. The Republic

contributions. of the Philippines guarantees the benefits
prescribed under this Title, and accepts general
a. Under such responsibility for the solvency of the State
regulations as the Insurance Fund. In case of any deficiency, the
System may prescribe, same shall be covered by supplemental
beginning as of the
appropriations from the national government.
last day of the month
when an employee’s
compulsory coverage EFFECT OF DISABILITY
takes effect and every
month thereafter Employer’s obligation suspended during the months
during his that he is not receiving salary or wages
employment, his
employer shall PURPOSE : Assure that the employee is paid the
prepare to remit to benefits due him if the State Insurance Fund runs out
the System a of money
contribution
equivalent to one
percent of his monthly
salary credit.

b. The rate of
contribution shall be
reviewed periodically
and subject to the
limitations herein
provided, may be
revised as the
experience in risk, cost
of administration and
actual or anticipated
as well as unexpected
losses, may require.

c. Contributions under
this Title shall be paid
in their entirety by the
employer and any
Lunar, Heather 2C

Meaning of Ward Services

 Ward – hospital room that can

CHAPTER V accommodate six (6) or more patients
 Covers all of the services an in-patient
MEDICAL BENEFITS would ordinarily receive in a hospital, such
as:
MEDICAL
Art. 185. Medical services. a. Bed in a ward (6 beds/room)
SERVICES
Immediately after an b. All meals, including special diets
employee contracts sickness c. Regular nursing services
or sustains an injury, he shall Scope of d. Medicines furnished by the
be provided by the System Medical hospital
during the subsequent period Services e. Laboratory services such as blood
of his disability with such and urine tests
medical services and 1. Ward f. Radiology services such as x-rays
appliances as the nature of g. Medical supplies such as splints
and casts
his sickness or injury and
h. Use of appliances and equipment
progress of his recovery may
furnished by the
require, subject to the
i. hospital, such as
expense limitation prescribed wheelchairs, crutches and
by the Commission. braces
services during confinement in an i. Anesthetic services
accredited hospital j. Operating room charges
2. Subsequent domiciliary care by an k. Surgery
accredited physician l. Doctor’s services
3. Medicines
4. Ambulatory services in an accredited Not Included in Ward Services
hospital, in case of injury
a. Extra charge for more comfortable
Condition for Entitlement accommodation e.g. private and semi-private
rooms
1. Employee should have duly reported to the b. Personal comfort or convenience e.g. charges
SSS or GSIS for the use of a telephone, radio or television
2. He sustains an injury or contracts sickness c. Private duty nurse
3. The System has been duly notified of the
injury or sickness Medicines

Period of Entitlement  Provided by the hospital at a cost not exceeding

 Beginning with the first day of injury or sickness,
during the subsequent period of his disability, and as
the progress of his recovery may require, subject to
the periodic submission of a medical report on his
disability certified by his physicians
the retail prices prevailing in local drugstores
Payment
 Made directly to the providers of the medical
services in such amount as are prevailing in the
Lunar, Heather 2C

community for similar services or as provided for in

the Rules, whichever is less

ATTENDING PHYSICIAN

Obligations of Attending Physician

Art. 186. Liability. The System
shall have the authority to
a. Comply with all the regulations of the SSS or the
choose or order a change of CHANGE OF GSIS b. Submit medical reports using the prescribed
physician, hospital or
MEDICAL form
rehabilitation facility for the
employee, and shall not be SERVICES
2. Medical Information Not Privileged
liable for compensation for Communication
any aggravation of the  Should be
employee’s injury or sickness approved by Employees’ compensation cases
resulting from unauthorized the SSS or
changes by the employee of GSIS,
medical services, appliances,
 Art. 187 – “No information developed in
otherwise, connection with treatment or examination
supplies, hospitals, System cannot for which compensation is sought shall be
rehabilitation facilities or be held liable
physicians. for
Art. 188. Refusal of examination or
Art. 187. Attending physician. Any treatment. If the employee unreasonably
physician attending an injured or sick refuses to submit to medical examination
employee shall comply with all the or treatment, the System shall stop the
regulations of the System and submit payment of further compensation during
reports in prescribed forms at such time such time as such refusal continues.
as may be required concerning his What constitutes an unreasonable
condition or treatment. All medical refusal shall be determined by the
information relevant to the particular System which may, on its own initiative,
injury or sickness shall, on demand, be determine the necessity, character and
made available to the employee or the sufficiency of any medical services
System. No information developed in furnished or to be furnished.
connection with treatment or considered as privileged communication”
examination for which compensation is
sought shall be considered as privileged SUSPENSION OF COMPENSATION
communication. PAYMENTS
compensation for any aggravation of the injury or
sickness resulting from any unauthorized changes  Refusal of an employee to submit to
medical examination or treatment should
be unreasonable
 “unreasonable refusal” – matter to be
determined by SSS or GSIS
Lunar, Heather 2C

1. Surgeon’s fee according to the ECC Relative

Art. 189. Fees and other
Value Study
charges. All fees and 2. Anesthesiologist’s fee ordinarily not
other charges for hospital FEES AND exceeding 25% of the surgeon’s fee
services, medical care and CHARGES 3. Operating fee ordinarily not exceeding 25%
appliances, including of the surgeon’s fee
professional fees, shall FOR
 Surgeon’s fee – paid to surgeon who performed
not be higher than those HOSPITAL
the operation; anesthesiologist’s fee –
prevailing in wards of anesthesiologist; conditions:
hospitals for similar
services to injured or sick 1. Only one surgeon paid per operation
persons in general and 2. Only one anesthesiologist, if any, paid per
shall be subject to the operation
3. Local anesthesia, other than regional nerve
regulations of the block anesthesia shall not be compensable
Commission. Professional
fees shall only be  Operating room fee – paid by SSS or GSIS only
appreciably higher than for surgical procedure done in the operating-
those prescribed under
Republic Act Numbered
Art. 190. Rehabilitation
sixty-one hundred eleven, services.
as amended, otherwise
known as the Philippine The System shall, as soon as
Medical Care Act of 1969. practicable, establish a
CONFINEMENT continuing program, for the
rehabilitation of injured and
handicapped employees who
o Injury – benefit not to exceed actual cost of
shall be entitled to
ward services in an accredited hospital
rehabilitation services, which
o Sickness – benefit not to exceed the actual
shall consist of medical, surgical
cost of ward in an accredited hospital or hospital treatment, including
equipped with facilities necessary for the
appliances if they have been
treatment of the disease handicapped by the injury, to
help them become physically
FOR DOMICILIARY CARE independent.

Benefit not to exceed P50.00 for the first
visit and P50.00 for each subsequent visit
FOR AMBULATORY SERVICES
Benefit not to exceed P60.00/day exclusive
of drugs and medicines
FOR SURGICAL SERVICES
 Surgical expense benefit
As soon as practicable, the
System shall establish centers
equipped and staffed to
provide a balanced program of
remedial treatment, vocational
assessment and preparation
designed to meet the individual
needs of each handicapped
employee to restore him to
suitable employment, including
assistance as may be within its
resources, to help each
rehabilitee to develop his
mental, vocational or social
potential
 Lunar, Heather 2C

diagnostic-therapeutic room complex of the

accredited hospital

CONDITIONS FOR REHABILITATION

Art. 191. Temporary total disability.

1. Employee has been reported to the SSS or Under such regulations as the
GSIS
Commission may approve, any employee
2. He sustains a permanent disability as a
result of a compensable injury or sickness under this Title who sustains an injury or
3. He has to been placed in suitable contracts sickness resulting in temporary
employment total disability shall, for each day of such
a disability or fraction thereof, be paid by
PERIOD OF ENTITLEMENT the System an income benefit equivalent
to ninety percent of his average daily
 Period of disability unless suspended or
terminated under any of the following grounds:
salary credit, subject to the following
conditions: the daily income benefit shall
1. Upon suitable employment not be less than Ten Pesos nor more than
2. Upon suspension or termination of such Ninety Pesos, nor paid for a continuous
services by the Rehabilitation Center by period longer than one hundred twenty
self-termination days, except as otherwise provided for in
3. By self-termination
the Rules, and the System shall be
EXTENT OF SERVICES notified of the injury or sickness. (As
amended by Section 2, Executive Order
1. Medical-surgical management No. 179)
2. Hospitalization
3. Necessary appliances and supplies The payment of such income benefit
4. Vocational training shall be in accordance with the
5. Assistance for placement
regulations of the Commission. (As
 Transportation allowance between place of
amended by Section 19, Presidential
residence and the rehabilitation facility, lunch, and Decree No. 850)
dormitory allowance in appropriate cases may be
included in the extent of services

LIMITATIONS

 System not legally responsible when the injury,

sickness, disability, or death during the CHAPTER VI
rehabilitation is occasioned by any of the following:
DISABILITY BENEFITS
1. Intoxication
2. Willful intention to injure or kill himself or
TEMPORARY TOTAL DISABILITY
another
3. Notorious negligence
Lunar, Heather
 Healing time, or that period of time in
which the claimant employee, by reason
of the injury or sickness, is unable to
perform any kind of labor
Situations:
a. As a result of the injury or sickness, the
employee is unable to perform any gainful
occupation for a continuous period not
exceeding 120 days
b. The injury or sickness still requires
medical attendance beyond 120 days but
not to exceed 240 days from the onset of
disability
 Disablement of a employee to earn
wages in the same kind of work of
similar nature, that he was trained for
and accustomed to perform, or any kind
of work which a person of his mentality
and attachment could do
 Disability – understood on the loss of
earning capacity
 Reason: it is not the injury that is
compensated but the incapacity to
work resulting in the impairment of
one’s earning capacity
CONDITIONS FOR ENTITLEMENT TO
TEMPORARY TOTAL DISABILITY
a. Employee duly has been reported to
SSS or GSIS
b. He sustains temporary total disability as
a result of the injury or sickness
2C
c. SSS or GSIS has been duly notified of
the injury or sickness which caused his
disability
PURPOSE OF THE LAW
To compensate the employee for what he
might have earned during the period of
treatment
PERIOD FOR ENTITLEMENT
Maximum of 120 days
 Exception – injury or sickness still
requires medical attendance beyond
120 days but not to exceed 240 days
from onset of disability
RELAPSE OF ILLNESS
Art. 192. Permanent total disability.
Under such regulations as the
Commission may approve, any employee
under this Title who contracts sickness or
sustains an injury resulting in his
permanent total disability shall, for each
month until his death, be paid by the
System during such a disability, an
amount equivalent to the monthly
income benefit, plus ten percent thereof
for each dependent child, but not
exceeding five, beginning with the
youngest and without substitution:
Provided, That the monthly income
benefit shall be the new amount of the
monthly benefit for all covered
pensioners, effective upon approval of
this Decree.
Lunar, Heather 2C

Considered independent of and separate Art. 1

from the period covered by the original
disability in the computation of his income a.
benefit for temporary total disability

SUSPENSION OF INCOME BENEFIT

Failure of employee to submit to the SSS or

GSIS a monthly medical report on his
disability certified by his attending physician

b.

Comp

loss of
One th
One in
One m
One ri
One li
One b
One to
One a
One h
One fo
One le
One e
Both e
Hearin
Hearin
Sight o

PERMANENT TOTAL
DISABILITY
Lunar, Heather
A person’s disability might not emerge at one
precise moment in time but rather over a period of
time
The monthly income benefit shall be
guaranteed for five years, and shall be
suspended if the employee is gainfully
employed, or recovers from his
permanent total disability, or fails to
present himself for examination at least
once a year upon notice by the System,
except as otherwise provided for in other
laws, decrees, orders or Letters of
Instructions. (As amended by Section 5,
Presidential Decree No. 1641)
The following disabilities shall be
deemed total and permanent:
1. Temporary total disability lasting
continuously for more than one
hundred twenty days, except as
otherwise provided for in the
Rules;
2. Complete loss of sight of both
eyes;
3. Loss of two limbs at or above the
ankle or wrist;
4. Permanent complete paralysis of
two limbs;
5. Brain injury resulting in incurable
imbecility or insanity; and
6. Such cases as determined by the
Medical Director of the System
and approved by the Commission.
The number of months of paid coverage
shall be defined and approximated by a
formula to be approved by the
Commission.
2C
c. A loss of a wrist shall be considered as
a loss of the hand, and a loss of an elbow g. Un
shall be considered as a loss of the arm. Comm
A loss of an ankle shall be considered as benefi
loss of a foot, and a loss of a knee shall partia
be considered as a loss of the leg. A loss pensio
of more than one joint shall be covere
considered as a loss of one-half of the added
whole finger or toe: Provided, That such No. 13
a loss shall be either the functional loss
of the use or physical loss of the
member. (As amended by Section 7,
Presidential Decree No. 1368)
d. In case of permanent partial disability
less than the total loss of the member
specified in the preceding paragraph, the
same monthly income benefit shall be
paid for a portion of the period
established for the total loss of the
member in accordance with the
proportion that the partial loss bears to
the total loss. If the result is a decimal
fraction, the same shall be rounded off to
the next higher integer.
e. In cases of simultaneous loss of more
than one member or a part thereof as
specified in this Article, the same
monthly income benefit shall be paid for
a period equivalent to the sum of the
periods established for the loss of the
member or the part thereof. If the result
is a decimal fraction, the same shall be
rounded off to the next higher integer.
f. In cases of injuries or illnesses resulting
in a permanent partial disability not
listed in the preceding schedule, the
benefit shall be an income benefit
equivalent to the percentage of the
permanent loss of the capacity to work.
(As added by Section 7, Presidential
Decree No. 1368)
Lunar, Heather 2C

PERMANENT PARTIAL DISABILITY

one where as a result of injury or sickness,

the employee suffers a lasting partial loss of
the use of any part of his body.

CONDITIONS TO ENTITLEMENT OF
PERMANENT PARTIAL DISABILITY
BENEFITS:

1. The employee should have been

reported to the SSS or the GSIS
2. He sustains permanent partial disability
as a result of injury or sickness
3. The SSS or GSIS has been duly notified
of the injury or sickness which caused
his disability.

 Entitlement exists even if the employee

is gainfully employed and receiving his
wages or salary
 Period of entitlement: beginning with
the first month of such disability but
not longer than the designed number
of months in the ff schedule:
Lunar, Heather 2C

CHAPTER VII DEATH BENEFITS

DEATH BENEFITS
General rule: the surviving spouse is
Art. 194. Death entitled to the death benefit only if he or
she is living with the deceased employee at
A. Under such regulations as the the time of death
Commission may approve, the
System shall pay to the primary Exceptions:
beneficiaries upon the death of the
1. Refusal of the covered employee to
covered employee under this Title,
continue living with the surviving
an amount equivalent to his monthly
spouse; or the employee’s
income benefit, plus ten percent
abandonment of the said spouse
thereof for each dependent child,
without justifiable or valid cause
but not exceeding five, beginning
with the youngest and without
substitution, except as provided for
in paragraph (j) of Article 167
hereof: Provided, however, That the
monthly income benefit shall be
guaranteed for five years: Provided,
further, That if he has no primary
beneficiary, the System shall pay to
his secondary beneficiaries the
monthly income benefit but not to
exceed sixty months: Provided,
finally, That the minimum death
benefit shall not be less than fifteen
thousand pesos. (As amended by
Section 4, Presidential Decree No.
1921)

B. Under such regulations as the

Commission may approve, the
System shall pay to the primary
beneficiaries upon the death of a
covered employee who is under
permanent total disability under this
Title, eighty percent of the monthly
income benefit and his dependents
to the dependents’ pension:
Provided, That the marriage must
have been validly subsisting at the
time of disability: Provided, further,
That if he has no primary
beneficiary,
Lunar, Heather
C. the System shall pay to his
secondary beneficiaries the monthly
pension excluding the dependents’
pension, of the remaining balance of
the five-year guaranteed period:
Provided, finally, That the minimum
death benefit shall not be less than
fifteen thousand pesos. (As
amended by Section 4, Presidential
Decree No. 1921)
D. The monthly income benefit
provided herein shall be the new
amount of the monthly income
benefit for the surviving
beneficiaries upon the approval of
this decree. (As amended by Section
8, Presidential Decree No. 1368)
E. Funeral benefit. – A funeral benefit
of Three thousand pesos (P3,000.00)
shall be paid upon the death of a
covered employee or permanently
totally disabled pensioner. (As
amended by Section 3, Executive
Order No. 179)
2. Attempt on the part of the covered
employee against the life of the
surviving spouse or common child of
the spouse
3. Commission of an act of sexual abuse
against the surviving spouse, common
child of the spouse by the covered
employee
4. The covered employee's recurrent
commission of physical violence, or
grossly abusive conduct against thru
surviving spouse or common child of
the spouse
5. The covered employee's infliction of
physical violence or imposition of moral
2C
duress to compel the surviving spouse,
common child of the spouse to change
their religious or political affiliation
6. Attempt of the covered employee to
corrupt or induce the surviving spouse
or common child of the spouse to
engage in prostitution, or to make them
connive with the employee in such an
act of corruption or inducement
7. Drug addiction or habitual alcoholism
of the covered employee
8. Lesbianism or homosexuality of the
covered employee
9. Contraction of bigamous marriage by
the covered employee, whether in the
Philippines or abroad
10. Sexual infidelity or perversion of the
covered employee
11. The covered employee's act of allowing
the surviving spouse or common child
to be subjected to acts of
lasciviousness;
12. and The covered employee's act of
contraction of serious STD
extramaritally
BENEFICIARIES
Only the primary beneficiaries are entitled
to the death benefits. In the absence of
primary beneficiaries, the secondary
beneficiaries are entitled thereto. If the
deceased employee has no primary or
secondary beneficiaries at the time of
death, the benefit shall accrue to the
Employees’ Compensation Fund.
PRIMARY BENEFICIARIES:
a. The legitimate spouse living with the employee
at the time of the employee’s death, until he or
she remarries; and
Lunar, Heather
b. The legitimate, legitimated or legally adopted
the children who are:
i. Unmarried
ii. Not gainfully employed
iii. Not over 21 y/o; or if over 21 y/o, he is
incapable of self-support due to physical
or mental defect which is congenital or
acquired during minority
SECONDARY BENEFICIARIES:
a. The legitimate parents wholly dependent
upon the employee for support;
b. The legitimate descendants and illegitimate
children who are:
1. Unmarried
2. Not gainfully employed
3. Not over 21 y/o; or if over 21 y/o, he is
incapable of self-support due to physical or
mental defect which is congenital or
acquired during minority
CONDITIONS FOR ENTITLEMENT TO DEATH
BENEFITS:
1. The employee had been duly reported
to the SSS or GSIS
2. He died as a result of injury or sickness
3. The SSS or GSIS has been duly notified
of his death, as well as the injury or
sickness which caused his death
If the employee has been receiving monthly
income benefit for permanent total disability at
the time of his death, the surviving spouse must
shoe that the marriage has been validly
subsisting at the time of his disability
PERIOD OF ENTITLEMENT:
a. Primary beneficiaries:
2C
 Income benefit shall start at the month
of death and shall continue to be paid
for as long as the beneficiaries are
entitled thereto.
 Monthly income benefit – not less than
15k
 Thereafter, the beneficiaries shall be
paid the monthly income benefit for as
long as they are entitled thereto.
b. Secondary beneficiaries:
 Payable in monthly pension
 Shall not exceed the period of 60 months
 Shall not be less than 60k
 If one is declared presumptively dead
after he had been reported missing for
some time, payment of death benefits
shall be reckoned form the date he was
declared presumptively dead by proper
authority in accordance with law, except
when the declaration of death specifies
another date, in which case, payment of
death benefits shall start from the latter
date.
AMOUNT OF DEATH BENEFIT:
 Primary beneficiaries
 Equivalent to the monthly income benefit
for permanent total disability
 Guaranteed for 5 yrs
 Plus 10% for each dependent child not
Art. 19
exceeding beginning with the youngest and depend
without substitution of relati
 Minimum, not less than 15k depend
 If the employee has been receiving income
benefits for permanent total disability at the
determ
time of his death, equivalent to 80% plus death.
the dependent’s pension equivalent to 10%
for every dependent child but not exceeding
5 counted from the youngest and without
substitution
 Secondary beneficiaries
Lunar, Heather 2C

 60 times the monthly income benefit of a  the legitimate spouse living with the
primary beneficiary employee
 Not exceeding 15k the parents of said employee wholly
 Payable in monthly pension
dependent upon him for regular support
 If the employee has been receiving income
benefits for permanent total disability at the  all questions of relationship and dependency
time of his death, shall be paid monthly shall be determined as of the time of death
pension, excluding the dependent’s pension
of the remaining balance of the 5-yr
guaranteed period

FUNERAL BENEFIT (3K)

shall be paid to 1 of the ff:

a. Surviving spouse
b. Legitimate child who spent for the funeral
expenses
c. Any other person who can show
incontrovertible proof that he shouldered
the funeral expenses

Beneficiaries are still entitled to the funeral

Art. 196. Delinquent
benefits of a missing person
contributions.

a. An employer who is
delinquent in his
contributions shall
be liable to the
CHAPTER VIII System for the
PROVISIONS COMMON TO INCOME benefits which may
BENEFITS have been paid by
the System to his
employees or their
DEPENDENTS
dependents, and
any benefit and
The legitimate, legitimated or legally adopted (or expenses to which
acknowledged natural child) the children who are: such employer is
liable shall
1. Unmarried constitute a lien on
2. Not gainfully employed all his property, real
3. Not over 21 y/o; or if over 21 y/o, he is or personal, which is
incapable of hereby declared to
be preferred to any
self-support due to physical or mental credit, except taxes.
defect which is congenital or acquired
The payment by the
during minority
employer of the
lump sum
equivalent of such
liability shall absolve
him from the
payment of the
Lunar, Heather 2C

LIABILITIES OF DELINQUENT EMPLOYER Art. 198. Assignment of benefits. No claim

for compensation under this Title is
Employer who is delinquent in his contributions will transferable or liable to tax, attachment,
be liable to Social Security System or Government garnishment, levy or seizure by or under any
Service Insurance System for: legal process whatsoever, either before or
after receipt by the person or persons
a. Benefits which may have been paid to his
entitled thereto, except to pay any debt of
employee or their dependents
b. 3% penalty per month from the date the the employee to the System.
contribution falls due until paid  If the second injury is related to the
c. Fine of not less than P1k nor more than P10k previous, the liability is only for the
and/or imprisonment for the duration of the difference in income benefits.
violation or non- compliance or until such time
that a rectification of the violation has been Art.
made, at the discretion of the court. emplo
failure
Payment by the employer of the lump sum law o
Art. 197. Second injuries. If any employee or to
RESTRICTIONS ON COMPENSATION
under permanent partial disability suffers preve
BENEFITS
another injury which results in a the S
compensable disability greater than the twent
previous injury, the State Insurance Fund Art. 199. Earned benefits. Income benefits equiva
shall be liable for the income benefit of the shall, with respect to any period of disability, the Sy
new disability: Provided, That if the new be payable in accordance with this Title to an specia
disability is related to the previous disability, employee who is entitled to receive wages, a rate
the System shall be liable only for the salaries or allowances for holidays, vacation them
difference in income benefits. or sick leaves and any other award of benefit under
equivalent to his liability shall absolve him from under a collective bargaining or other occup
payment of the delinquent contributions due and agreement. emplo
payable during the calendar year of the contingency
and the penalty thereon with respect to the
employee concerned; but said employer shall still be o Non-transferable
subject to criminal liability. o Not subject to tax

COMPENSABILITY OF SECOND INJURIES o Not subject to execution, attachment,

garnishment, levy, or seizure, except in
payment of a debt to the system.
 Second injury resulting in disability which
may suffered by an employee under
permanent partial disability, is
compensable.
 If the second injury is greater, the State ACCRUED EMPLOYEE BENEFITS
Insurance Fund shall be liable for the
income benefit of the new disability.
Separate and Distinct From Compensation
Benefits
Lunar, Heather 2C

 Accrued benefits under a CBA, company policy,
or employment contract, (such as vacation
leave pay or sick leave pay), are separate and
distinct from compensation benefits.
 They may be enjoyed simultaneously with
compensation benefits.
EFFECT OF GAINFUL EMPLOYMENT
ON THE RIGHT TO COMPENSATION
 Permanent total disability compensation
shall be suspended if the employee
obtains gainful employment.
Art. 201. Prescriptive period. No claim for
compensation shall be given due course
unless said claim is filed with the System
within three (3) years from the time the
cause of action accrued. (As amended by
Section 5, Presidential Decree No. 1921)
 The reason is because in disability compensation,
it is not the injury or illness that is compensated,
but the incapacity to work resulting in the
impairment of one’s earning capacity.
EFFECT OF ERRONEOUS PAYMENT

 in Permanent partial disability

compensation, the employee shall
continue to receive compensation even if
gainfully employed. Art. 203. Prohibition. No agent, attorney or
other person pursuing or in charge of the
preparation or filing of any claim for benefit
under this Title shall demand or charge for
PENALTY FOR FAILURE TO INSTALL his services any fee, and any stipulation to
SAFETY DEVICES the202.
Art. contrary shallpayment.
Erroneous be null and void. The
retention or deduction of any amount from
 Death and injury caused by failure to install anya.benefit
If thegranted
Systemunder in good faithforpays
this Title the
and maintain safety devices shall hold the income benefit to a dependent who is
payment of fees for such services is
employer liable to pay the State Insurance inferior in right to another dependent
prohibited. Violation
or with whom ofanother
any provision
dependentof this
is
Fund a penalty of 25% of the lump sum
equivalent of the income benefit due the Article entitled
shall be to
punished by a payments
share, such fine of notshall
less
employee concerned. discharge
than five hundredthe System
pesos from than
nor more liability,
five
unless and until such other
thousand pesos, or imprisonment for not dependent
notifies the System of his claim prior
less than six months nor more than one year,
to the payments.
or both, at the discretion of the court.
PERIOD TO FILE CLAIMS FOR
COMPENSATION b. In case of doubt as to the respective
rights of rival claimants, the System is
 Should be filed within 3 years from the time the hereby empowered to determine as to
cause of action accrued, otherwise, it will be whom payments should be made in
barred by prescription accordance with such regulations as
the Commission may approve. If the
 Prescriptive period should be reckoned not from money is payable to a minor or
the occurrence of the injury or illness but from
incompetent, payment shall be made
the time the employee lost his earning capacity.
by the System to such person or
persons as it may consider to be best
qualified to take care and dispose of
the minor’s or incompetent’s property
for his benefit.
Lunar, Heather
 The SSS or GSIS is discharged from liability if
it pays income benefits in good faith:
1. To a dependent who is inferior in
right to another dependent.
2. To a dependent with whom
another dependent is entitled to
share such payment.
 SSS or GSIS will be deemed in good faith if,
prior to payment, it does not receive any
notice from the dependent who is entitled
to the compensation benefit.
PROHIBITED ACTIVITIES
 This article prohibits any person who assists
in the filing of employees compensation
claims from:
a. Demanding or charging service fees
b. Deducting any amount from the
compensation benefits in payment of his
services.
REASON FOR THE LAW
To free the award from any liability or charge so
that the claimant may enjoy it to the fullest.
It is the claimant who is exempt from liability
for attorney's fees, but not the defaulting
employer who unjustly refuses to recognize the
validity of the claim.
ATTORNEY'S FEES MAY BE AWARDED
Attorney's fees may be awarded as an item
separate and distinct from the compensation
benefits.
2C
Art. 205. Record of death or disability.
a. All employers shall keep a logbook to
record chronologically the sickness,
injury or death of their employees,
setting forth therein their names,
dates and places of the contingency,
nature of the contingency and
absences. Entries in the logbook shall
be made within five days from notice
or knowledge of the occurrence of the
contingency. Within five days after
entry in the logbook, the employer
shall report to the System only those
contingencies he deems to be work-
connected.
b. All entries in the employer’s logbook
shall be made by the employer or any of
his authorized official after verification
of the contingencies or the employees’
absences for a period of a day or more.
Upon request by the System, the
employer shall furnish the necessary
certificate regarding information about
any contingency appearing in the
logbook, citing the entry number, page
number and date. Such logbook shall be
made available for inspection to the duly
authorized representative of the System.
c. Should any employer fail to record in the
logbook an actual sickness, injury or
death of any of his employees within the
period prescribed herein, give false
information or withhold material
information already in his possession, he
shall be held liable for fifty percent of
the lump sum equivalent of the income
benefit to which the employee may be
found to be entitled, the payment of
which shall accrue to the State Insurance
Fund.
Lunar, Heather 2C

Art. 207. Penal provisions.

Fairness dictates that the counsel should a. The penal provisions of Republic Act
receive compensation for his services, Numbered Eleven Hundred Sixty-One,
otherwise, it would be entirely difficult for as amended, and Commonwealth Act
claimants, majority of whom are not learned in Numbered One Hundred Eighty-Six, as
the intricacies of law, to get good-legal service. amended, with regard to the funds as
are thereunder being paid to,
collected or disbursed by the System,
EXEMPTION FROM LEVY, TAX, ETC. shall be applicable to the collection,
administration and disbursement of
REASON the Funds under this Title. The penal
provisions on coverage shall also be
To preserve the integrity of the State Insurance applicable.
Fund thereby assuring every claimant payment
b. Any person who, for the purpose of
of whatever is due him.
securing entitlement to any benefit or
payment under this Title, or the
CHAPTER IX issuance of any certificate or
RECORDS, REPORTS AND PENAL document for any purpose connected
PROVISIONS with this Title, whether for him or for
some other person, commits fraud,
collusion, falsification,
misrepresentation of facts or any
d. In case of payment of other kind of anomaly, shall be
benefits for any claim punished with a fine of not less than
which is later five hundred pesos nor more than five
determined to be thousand pesos and an imprisonment
for not less than six months nor more
fraudulent and the
than one year, at the discretion of the
Art. 204.employer
Exemption is found
fromtolevy, tax, etc. All court.
laws to the contrarytonotwithstanding,
be a party the the
fraud, such employer
State Insurance Fund and all its assets shall
shallfromreimburse the charge, levy, or c. If the act penalized by this Article is
be exempt any tax, fee,
System the fullno law hereafter committed by any person who has
customs or import duty and
been or is employed by the
enactedamount
shall applyofto the the State Insurance
compensation paid. Commission or System, or a recidivist,
Fund unless it is provided therein that the
the imprisonment shall not be less
same is applicable by expressly stating its than one year; if committed by a
name. lawyer, physician or other
professional, he shall, in addition to
EMPLOYER’S LOGBOOK the penalty prescribed herein, be
disqualified from the practice of his
 Every employer is required to keep a logbook to profession; and if committed by any
record chronologically the sickness, injury or official, employee or personnel of the
death of his employees within 5 days from Commission, System or any
notice or knowledge. government agency, he shall, in
addition to the penalty prescribed
herein, be dismissed with prejudice to
re-employment in the government
service.
Lunar, Heather 2C

 If the employer fails to record the sickness, LAWS REPEALED

injury or death of his employees, he shall be
liable for 50 percent of the lump sum equivalent
of the income benefit to which the employee The Labor Code provisions on employees’
may be found to be entitled. compensation repealed:

a. Act No. 1874 – Employer’s Liability Act

Art. 206. Notice of sickness, b. Act No. 3428 – Workmen’s Compensation Act
injury or death. Notice of
ACTUAL
sickness, injury or death
KNOWLEDGE
shall be given to the IS Art. 209. Medical care. The Philippine
employer by the employee Medical Care Plan shall be implemented as
Art. 208. Applicability. This Title shall apply provided under Republic Act Numbered
or by his dependents or
only to injury, sickness, disability or death Sixty-One Hundred Eleven, as amended.
anybody on his behalf within
occurring on or after January 1, 1975.
five days from the
occurrence of the EQUIVALENT
TO NOTICE
contingency. No notice to
the employer shall be TITLE III
The notice MEDICARE
required if the contingency required
is known to the employer or herein is no
his agents or longer NATIONAL HEALTH INSURANCE
necessary if PROGRAM
representatives.
the sickness,
injury, or death is known to the employer, his
agents, or representatives. The Philippine Medical Care Plan

under the Revised Philippine Medical Care Act has

been superseded by the National Health Insurance
Program created by the National Health Insurance
Act of 1995.

AGGRAVATING CIRCUMSTANCES  Aims to provide health insurance coverage

and ensure affordable, acceptable, available
and accessible health care services for all
A heavier penalty is imposed if the offense is
citizens of the Philippines
committed by:
 Serves as a means for the healthy to help
pay for the care of the sick and those who
1. Any person who has been or is employed by
can afford medical care to subsidize those
the ECC, SSS, or GSIS
who cannot.
2. A lawyer, physician or any other
 Shall initially consist of programs I and II of
professional
Medicare and expand progressively to
constitute one universal health insurance
3. Any official, employee, or personnel of the program for the entire population.
ECC, SSS, GSIS or any government agency.  Administered by the Philippine Health
Insurance Corporation.
Art. 208-A. Repeal. All
existing laws, Presidential
Decrees and Letters of
Instructions which are
inconsistent with or contrary
to this Decree, are hereby
repealed: Provided, That in
Lunar, Heather 2C

TITLE IV
Art. 210. Adult education. Every employer
shall render assistance in the establishment
and operation of adult education programs
for their workers and employees as
prescribed by regulations jointly approved by
the Department of Labor and Employment
and the Department of Education, Culture
and Sports.
ADULT EDUCATION

 does not impose upon employers the

obligation to establish an adult
 education program. It merely requires
employers to extend assistance in the
establishment and operation of adult
education programs for employees.
Lunar, Heather
DOLE DO 198 ON
OCCUPATIONAL
SAFETY AND
HEALTH
The Occupational Safety and Health
Standards (OSH Standards), as amended
in 1989 serves as the country’s central
legislation in promoting a safe and healthy
workplace for all working people by
protecting them against all hazards in their
work environment.
 On August 17, 2018 the OSH Law was
updated though REPUBLIC ACT NO.
11058, An Act Strengthening
Compliance with Occupational Safety
and Health Standards and Providing
Penalties for Violations Thereof.
IMPLEMENTING RULES AND REGULATIONS
(IRR) was published on December 7, 2018
through DEPARTMENT ORDER NO. 198.
The regulations or areas covered by 1989
OSH which have not been revised by R.A.
No. 11058 still applies. In order to promote
the safety and health of workers, the
policies and programs implemented aim to
be dynamic, inclusive, and gender-sensitive.
PART I
COVERAGE
It shall apply to all establishments, projects
and sites and all other places where work is
being undertaken in all branches of
economic activity, including:
2C
 Establishments located inside special
economic zones and other investment
promotion agencies (e.g., Philippine
Economic Zone Authority [PEZA], Clark
Development Corporation [CDC]);
 Utilities engaged in air, sea, and land
transportation;
 Industries such as mining, fishing,
construction, agriculture, and maritime;
 Contractors and subcontractors including those
engaged in the projects of the public sector.
 The Rules does not apply to the
public sector such as national
government agencies, government-
owned and controlled corporations
with original charters, government
financial institutions, state
universities and colleges and local
government units
PART II
DUTIES AND RIGHTS
EMPLOYERS
DUTIES OF EMPLOYERS
1. Provide a place of employment for workers
which is free from hazardous conditions that
are causing or are likely to cause death, illness,
or physical harm to the workers.
2. Provide complete job safety instruction and
proper orientation to all workers, including
those relating to familiarization with their work
environment.
3. Ensure that chemical, physical, and biological
substances and agents and ergonomic and
psychosocial stressors do not pose a risk to
health.
4. Use only approved specific industry set of
standards of devices and equipment for the
workplace.
Lunar, Heather
5. Comply with OSH standards: training, medical
examination, provisions on protective and
safety devices (e.g. PPE and machine guards).
Training for workers includes health
promotion, hazards associated with their work,
health risks involved or to which they are
exposed to, preventive measures to eliminate
or minimize risks, steps to be taken in cases of
emergency, and safety instruction for the jobs,
activities, and tasks to be handled by workers.
6. Involve workers in the process of organizing,
planning, implementing, monitoring, and
evaluating the OSH management system.
7. Provide for trainings and drills, evacuation
plans, etc., to deal with emergencies, fires, and
accidents including first-aid arrangements.
8. Comply with all reportorial requirements of
the OSH standards.
9. Register establishment to DOLE (Department
of Labor and Employment).
10. Install safety signage and devices in prominent
positions and strategic locations, in a language
understandable to all, and in accordance with
OSH standards on sign colors, to warn workers
and the public of hazards in the workplace
11. Have workers undergo appropriate training
and certification as a requirement before the
use of heavy duty equipment.
12. Is liable for complying with OSH standards,
including the penalties imposed for violations.
13. In the case of a stoppage of work due to
imminent danger as a result of the employer’s
fault, the affected workers must still be paid
their corresponding wages during the period of
suspension of operations.
OCCUPATIONAL SAFETY AND HEALTH
INFORMATION
The employer, contractor or subcontractor, if any,
shall provide the workers in all establishments,
projects and all other places where work is being
undertaken adequate and suitable information on
the following:
2C
o Workplace hazards and the risk posed on
the safety and health of the workers such
as chemical safety data sheets;
o Control mechanisms in place that reduces
or minimizes the risk of exposure to
hazards and other preventive strategies
o Appropriate measures, including the
probable location of workers, for the
prevention, control and protection against
those hazards; and
o Emergency and disaster management
protocols including proper evacuation and
shut-down procedures.
Information materials shall be revised regularly by
the OSH committee.
WORKERS
DUTIES OF WORKERS
1. Participate in capacity building activities on
safety and health.
2. Undergo the mandatory workers’ OSH
seminar.
3. Proper use of all safeguards and safety devices
provided for workers’ protection.
4. Comply with instructions to prevent accidents
or imminent danger situations in the
workplace.
5. Observe prescribed steps to be taken in cases
of emergency (i.e. participating during the
conduct of national or local disaster drills.
6. Report to their immediate supervisor or any
other responsible safety and health personnel
any work hazard that may be discovered in the
workplace.
7. File claims for compensation benefits due to
work-related disability or death.
RIGHTS OF WORKERS
1. Right to Know – All workers shall be
appropriately informed by the employer about
all types of hazards in the workplace, and be
Lunar, Heather
provided access to training, education, and
orientation on safety and risks.
2. Right to Refuse Unsafe Work – The worker has
the right to refuse work without threat or
reprisal from the employer if an imminent
danger situation exists.
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 DOLE, an imminent
danger situation exists.
 " As a preventive measure, the safety officer
may, following his/her own determination
and without fear of reprisal, implement a
work stoppage or suspend operations in
cases of imminent danger.
 Workers affected by the existence of an
imminent dangerous situation may be
temporarily assigned to other areas within
the workplace provided there is no
impending issue with safety and health.
3. Right to Report Accidents – Workers and their
representatives shall have the right to report
accidents, dangerous occurrences, and hazards
to the employer, to DOLE, and other
concerned government agencies. They shall be
free from any form of retaliation for reporting
an accident.
4. Right to Personal Protective Equipment (PPE)
– Employers shall provide workers PPE for any
part of the body that may be exposed to
hazards; a lifeline, safety belt, or harness; and
respirators, masks, or shields when necessary.
This should be free of charge.
2C
WORKERS' RIGHT TO PERSONAL
PROTECTIVE EQUIPMENT (PPE)
 Every employer, contractor or
subcontractor, if any, shall provide his/her
workers PPE, FREE OF CHARGE.
 All PPE shall be of the appropriate type as
tested and approved by the DOLE based on
its standards and/or other means of
verification.
 The usage of PPE in all establishments,
projects, sites and all other places where
work is being undertaken shall be based on
the evaluation and recommendation of the
safety officer.
 All PPE must be of appropriate size, weight,
and type to specific workers exposed to
hazards from which PPE are meant to
ensure effective protection.
 Failure to provide appropriate PPE in high
risk activities shall give rise to the right of
the worker to refuse unsafe work.
PART III
WORKPLACE REQUIREMENTS
WORKERS’ WELFARE FACILITIES
All establishments, projects, sites and all other
places where work is being undertaken shall have
the following free welfare facilities in order to
ensure humane working conditions:
a. Adequate supply of safe drinking water;
b. Adequate sanitary and washing facilities;
c. Suitable living accommodation for workers,
as may be applicable such as in construction,
shipping, fishing and night workers;
d. Separate sanitary, washing and sleeping
facilities for all gender, as may be applicable;
Lunar, Heather
e. Lactation station except those
establishments as provided for under
DOLE Department Order No. 143-15;
f. Ramps, railings and the like; and
g. Other workers' welfare facilities as may be
prescribed by the OSH standards and other
issuances.
SAFETY SIGNAGE AND DEVICES
All establishments, projects, sites and all other
places where work is being undertaken shall have
safety signage and devices to warn the workers and
the public of the hazards in the workplace.
Safety signage and devices shall be posted in
prominent positions at strategic locations in a
language understandable to all, and in accordance
with the OSH standards on color of signs for safety
instructions and warnings, Globally Harmonized
System (GHS) pictograms, construction safety,
classification and labelling of chemicals, radiation,
safety instructions and warning signs, set by DOLE
SAFETY IN THE USE OF EQUIPMENT
Contractor or subcontractor, if any, must comply
with the OSH standards set by DOLE on safety and
use of such equipment in the different phases of the
company or project operation including the
transport to and from the establishment, project,
site or place where work is being undertaken.
APPROPRIATE TRAINING AND CERTIFICATION
BY THE:
 Technical Education and Skills Development
Authority (TESDA),
 Professional Regulation Commission (PRC)
 Or other concerned government agency
shall be a requirement for operators before use of
equipment, if applicable.
2C
PART IV
OSH PROGRAM
Workplaces covered by the OSH Standards must
implement a suitable OSH Program depending on its
size and level of risk. This program should be
communicated and be made readily available to all
persons in the workplace. Likewise, the
establishment should also submit a copy of their
OSH program to the DOLE Regional, Provincial, Field,
or Satellite Office having jurisdiction over them.
 OSH Program shall be submitted and
deemed approved upon receipt by
concerned DOLE-RO or FO.
 The OSH Committee shall review and
evaluate the program at least once a year or
as necessary.
 A suitable Construction Safety and Health
Program (CSHP) specific for each
construction project shall be submitted to
concerned DOLE- RO or FO for its approval
prior to start of the project.
 The total cost of implementing OSH
Programs shall be an integral part of the
company's operations cost.
Lunar, Heather 2C

5. Complete company or
project details

6. Composition and duties

INCLUSIONS OF OSH PROGRAM of the OSH committee

7. OSH personnel and

Establishment Inclusions of the program facilities
category
8. Safety and health
Less than ten (10) 1. Company commitment promotion, training and
workers and low to comply with OSH education:
risk establishments requirements
 Orientation of all
with ten (10) to 2. General safety and
workers on OSH
fifty (50) workers health programs:
 Conduct of risk
 Safety and health
assessment,
hazard
evaluation, and
identification, risk
control
assessment and
control (HIRAC) 9. Conduct of toolbox or
 Medical safety meetings and job
surveillance safety analysis
 First aid and
emergency 10.Accident/incident/illness
medical services investigation, recording,
3. Promotion of the and reporting
following health
domains: 11. Provision and use of
 Drug-free PPE, safety signage, and
workplace (RA workers’ welfare facilities
9165)
 Mental health 12. Emergency and disaster
services (RA preparedness and
11036) mandated drills
 Healthy Lifestyle
13. Solid waste
4. Prevention and control management system
of the following health
domains: 14. Control and
management of hazards
 Human
Immunodeficiency Medium to high In addition to everything
Virus and Acquired risk establishments required above,
Immune with ten (10) to
fifty (50) and low to 1. Safety and health
Deficiency
high risk promotion, training and
Syndrome (RA
establishments education:
8504)
 Tuberculosis (EO with fifty-one (51)
workers and above  Orientation of all
187-03) workers on OSH
 Hepatitis B (DOLE  Conduct of risk
DA 05-2010)
Lunar, Heather 2C

one (1) worker,

assessment,
preferable a union
evaluation, and
control member if
 Continuous training organized
on OSH of OSH One of the workers
personnel of the company
must undertake
Work Permit System
first aid training
2. Dust control and from the Philippine
management, and Red Cross of any
regulations on activities DOLE recognized
such as building of
organization
temporary structures and
lifting and operating
equipment Medium to high Ex-officio
risk chairperson:
3. Emergency and disaster
establishments Employer or
preparedness and response
plan to include the with ten (10) to representative
organization and creation fifty (50) and low Secretary: Safety
of disaster control groups, to high risk officer of the
business continuity plan, establishments workplace
and updating the hazard, with fifty-one (51) Ex-officio members:
risk, and vulnerability
workers and Certified first-aider,
assessment
above OH nurse, OH
4. Prohibited acts and dentist, and OH
penalties for violations physician, if
5. Cost of implementing applicable
company OSH program Members: Safety
officers
representing the
contractor or
OSH COMMITTEE MEMBERS subcontractor,
representative/s of
workers from
unions or elected
Establishment Composition of workers through
category Committee simple vote of
Less than ten (10) Chairperson: majority.
workers and low Company owner or
risk manager Two (2) or more Joint Coordinating
establishments Secretary: Safety establishments Committee –
with ten (10) to officer of the housed under one composed of all the
fifty (50) workers workplace building or health and safety
Member: At least complex (i.e. committees to plan
Lunar, Heather 2C

malls) and implement Safety

1. Mandatory forty 2.
programs and Officer 2
(40)-hour basic OSH
(SO2)
activities training course
concerning all applicable to the
establishments industry
Chairperson: Safety
1. Mandatory forty
At least
Building owner or Officer 3 two (2)
(40)-hour basic OSH
(SO3) years of
representative training course
experience
Secretary: Safety applicable to the
in OSH
officer of the industry;
building 2. Additional forty-
Members: At least eight (48) hours of
two safety officers advanced/specialize
d occupational
from any of the
safety training
establishments and course relevant to
at least two the industry; AND
workers’
3. Other requirements
representatives as prescribed by the
OSH standards
Safety Actual
SAFETY OFFICERS OSH TRAINING 1. Mandatory forty
Officer 4 experience
(40)-hour basic OSH
(SO4) as SO3 for
training course
at least
 Safety Officers – Oversees the overall applicable to the
four (4)
management of the OSH program as part of industry;
years
the OSH committee; monitors and inspects any 2. Additional forty-
health or safety aspect of the operation; assists eight (48) hours of
in the conduct of government inspections or advanced/specialize
accident investigations; issues Work Stoppage d occupational
Order (WSO) when necessary. Safety officers safety training
must comply with the necessary training and course relevant to
experience requirements based on their the industry; AND
category. 3. An aggregate of
three hundred
twenty (320) hours
Categor Prescribed Training on Minimum of OSH related
y OSH OSH training or
Experienc experience
e 4. Other requirements
Safety as prescribed by the
1. Mandatory eight (8)- 3.
Officer 1 OSH standards
hour OSH
(SO1)
orientation course
AND
2. Two (2)-hour
trainers’ training
Lunar, Heather 2C
Lunar, Heather 2C

MINIMUM CLASSIFICATION AND NUMBER OF SAFETY OFFICERS

 Occupational Health Personnel and Facilities – Establishments must have qualified

occupational health personnel (i.e. first-aiders, nurses, dentists, and physicians)
complemented with the required medical supplies, equipment, and facilities. All personnel
must undergo mandatory orientation or training on OSH.

Number of Workers Low Risk Medium Risk High Risk

1 to 9 One (1) SO1 One (1) SO1 One (1) SO2

10 to 50 One (1) SO1 One (1) SO2 One (1) SO3

51 to 99 One (1) SO2 One (1) SO2 and

One (1) SO3
100 to 199 One (1) SO2 and
One (1) SO3
200 to 250 Two (2) SO2 and Two (2) SO3
One (1) SO3
251 to 500 Two (2) SO3 One (1) SO2 and
Two (2) SO3
501 to 750

751 to 1000 Two (2) SO3

Every additional 250 or – – Additional One (1)

fraction thereof SO3 or SO4

Every additional 500 or Additional One (1) Additional One (1) –

fraction thereof SO3 SO3 or SO4
Lunar, Heather 2C

REQUIRED TRAINING OF SAFETY AND HEALTH PERSONNEL

Personnel Training Requirement

First-Aider Standard first aid training

OH Nurse At least forty (40)-hour Basic OSH training course for OH Nurses

OH Dentist At least forty (40)-hour Basic OSH training course

OH Physician At least fifty-six (56)-hour Basic OSH training course for OH Physicians

NUMBER OF HEALTH PERSONNEL PER WORKPLACE

Low Risk Medium to High Risk

Number of
Workers First-
OH OH OH First- OH OH OH
Aide
Nurse Dentist Physician Aider Nurse Dentist Physician
r

1 to 9 – – – – – –

10 to 50 1 – – – 1 – – –

51 to 99 – – – 2 PT – –

100 to 199 2 2 PT – – 2 1 FT 1 PT 1 PT

200 to 500 3-5 1 FT 1 PT 1 PT 3-5 1 FT 1 PT 2 PT

2 PT or 1
501 to 2000 6-20 1 FT 1 PT 2 PT 6-20 1 FT 1 FT
FT

1 FT per 1 FT and 2 1 FT per 1 FT and 2

>2000 >20 1 FT >20 1 FT
shift PT shift PT
Lunar, Heather 2C

Low Risk Medium to High Risk

Number of
Workers First-
OH OH OH First- OH OH OH
Aide
Nurse Dentist Physician Aider Nurse Dentist Physician
r

Every 100
workers or a 1 – – – 1 – – –
fraction thereof

Every 250
workers or a – 1 FT – – – 1 FT – –
fraction thereof

Every 500
1 FT or 4 1 FT or 4
workers or a – – 1 FT – – 1 FT
PT PT
fraction thereof

 Part Time (PT) = 4h/d, 3d/w; Full Time (FT) = 8h/d, 6d/w
 OH Personnel shall be placed in the shift with the highest number of workers.
 For OH dentists: Establishments can enter into a Memorandum of Agreement
(MOA) for dental services for workers.
 For OH physicians: If more than 1 PT physician is required, a physician must be
present in all world days of the establishment.

OCCUPATIONAL HEALTH PERSONNEL AND FACILITIES

 The employer may not establish a hospital or dental clinic in the workplace where there is a
hospital or dental clinic which is located not more than five (5) kilometers away from the
workplace, accessible in not more than twenty-five (25) minutes travel time, and the
employer has facilities readily available for transporting workers to the hospital or dental
clinic in cases of emergency.
 For this purpose, the employer shall enter into a written contract with the hospital for the
use of such hospital for the treatment of workers in cases of emergency.

EMPLOYEE’S COMPENSATION CLAIM

 Lunar, Heather
A worker may file claims for compensation
benefit arising out of work-related disability
or death.
Such claims shall be processed
independently of the finding of fault, gross
negligence or bad faith of the employer in a
proceeding instituted for the purpose.
The employer shall provide the necessary
assistance to employees applying for claims.
SAFETY AND HEALTH TRAINING
REQUIREMENTS
• All OSH personnel shall undergo the prescribed
mandatory trainings from DOLE or DOLE-
Accredited Training Organizations or its recognized
training institutions.
 All workers shall undergo the mandatory 8-hour
Workers' OSH seminar as prescribed by DOLE.
• Workers performing critical occupations shall
undergo the mandatory competency assessment
and certification by TESDA.
• Orientations, seminars, and trainings required by the
employer or by other regulations, in the
performance of their task, shall be undertaken at
no cost to the worker and considered as
compensable working time
JOINT AND SOLIDARY LIABILITY
The employer, project owner, contractor, or
subcontractor, if any, and any person who manages,
controls or supervises the work being undertaken
shall be jointly and solidarily liable for compliance
with occupational safety and health standards
including the penalties imposed for violation thereof
as provided for in this Rules.
INCENTIVES
2C
 Incentives may be given to qualified employers
and workers in recognition of their effort in
ensuring compliance with OSH Standards.
 Incentives shall be given in the form of OSH
training packages, additional protective
equipment, technical guidance, recognition
awards, and other similar incentives.
PART V
PROHIBITED ACTS
 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)
 " 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 (P 100,000.00)
• 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.
 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.
 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.
 Willful failure or refusal to comply with the OSH
standards or compliance orders issued by DOLE shall
be penalized with P100,000.00 daily fine until full
compliance reckoned from the date of issuance of
Notice of Results or Compliance Order.
Lunar, Heather 2C

PENALTIES FOR VIOLATIONS

Registration of establishment to DOLE Php
20,000.00

Provision of job safety instruction or orientation prior to work Php

20,000.00

Provision of worker’s training (first aid, mandatory worker training, Php

mandatory OSH training for safety officers and health personnel) 25,000.00

Provision of safety signage and devices Php

30,000.00

Provision of medical supplies, equipment, and facilities Php

30,000.00

Submission of reportorial requirements as prescribed by OSH standards Php

30,000.00

Provision of safety officer and/or OH personnel Php

40,000.00

Provision of certified personnel or professionals required by the OSH Php

standards 40,000.00

Establishments of a safety and health committee Php

40,000.00

Formulation and implementation of a comprehensive safety and health Php

program 40,000.00

Provision of information on hazards and risk Php

40,000.00

Provision of sanitary and welfare facilities Php

40,000.00

Use of approved or certified devices and equipment for the task Php
50,000.00

Provision of PPE or charging of provided PPE to workers Php

Lunar, Heather 2C

50,000.00

Compliance with DOLE issued WSO Php

50,000.00

Compliance to other OSH standards Php

40,000.00

1. For the violation of the same prohibited act – penalty of the corresponding fine plus an additional
fine of fifty percent (50%) thereof for every instance of repeat violation
2. For the following acts, a penalty of one hundred thousand pesos (Php 100,000.00) administrative
fine shall be imposed in addition to the daily administrative fine imposed above.
a. Repeated obstruction, delay, or refusal to provide the Secretary of Labor and Employment
access to the workplace, relevant records and documents, or conduct of investigation;
b. Misrepresentation in adhering to OSH standards; knowing a report or record submitted to
DOLE to be false;
c. Making retaliatory measures such as termination of employment, refusal to pay, reducing
wages and benefits, or in any manner against any worker who has given information relative
to the inspection being conducted
3. When a violation exposes the worker to death, serious injury, or serious illness, the imposable
penalty is one hundred thousand pesos (Php 100,000.00)

 Violation of the same prohibited act shall be penalized of the corresponding fine plus 50% of the
fine thereof for every instance of repeat violation.
 When the violation exposes the worker to death, serious injury, or serious illness, the imposable
penalty shall be P100,000.00.
 Additional P100,000.00 administrative fine shall be imposed for the following:
a. Repeated obstruction, delay, or refusal to provide access to the covered workplace or
refusal access to relevant records and documents;
b. Misrepresentation; or
c. Making retaliatory measures.

ENFORCEMENT

 Enforcement is through the DOLE-Regional Offices having jurisdiction over the workplace.
 DO 183-17 shall govern the procedure in the implementation of DO 198-18.