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Responsibilities of Employers and Employees

As a preventive measure, Section 4 of Department Order 198 series of 2018 (Implementing


Rules and Regulations of R.A. 11058) states the duties of employers, contractors, and/or
subcontractors, as well as, the duties of the workers.

(a) Duties of Employers. - Every employer, contractor, or subcontractor, if any, and any
person who manages, controls, or supervises the work being undertaken shall:

1. Hazard-Free Workplace: Ensure the workplace is free from conditions that could
lead to death, illness, or physical harm to workers;

2. Comprehensive Instructions: Provide complete job safety instructions and


orientation to familiarize workers with their work environment;

3. Health Risk Mitigation: Take measures to minimize health risks associated with
chemical, physical, and biological substances, ergonomic stresses, and psychosocial
factors;

4. Approved Equipment: Use only approved industry-specific standards for devices


and equipment in the workplace;

5. Comply with OSH standards including training, medical examination, and when
necessary, provisions on protective and safety devices such as PPE and machine
guards. Training for workers shall include health promotion, hazards associated with
their work, health risks involved or to which they are exposed, preventive measures
to eliminate or minimize risks, steps to be taken in cases of emergency, and safety
instructions for the jobs, activities, and tasks to be handled by workers;

6. Worker Training: Provide training covering health promotion, job-related hazards,


preventive measures, emergency protocols, and specific safety instructions for tasks.
Worker Participation: Facilitate active worker and representative participation in
organizing, planning, implementation, monitoring, evaluation, and improvement of
OSH management systems;

7. Emergency Preparedness: Establish measures, including training, drills,


evacuation plans, and first-aid arrangements, to deal with emergencies, fires, and
accidents;

8. Comply with all reportorial requirements of the OSH standards; and

9. Register establishment to the Department of Labor and Employment (DOLE) as


provided under the OSH standards.

(b) Duties of Workers. – to ensure compliance with OSH standards every worker shall:

1. Engage in capacity-building activities related to safety, health, and other


Occupational Safety and Health (OSH) topics and programs;
2. Ensure the correct use of all provided safeguards and safety devices, contributing
to both personal protection and the well-being of others in the workplace;

3. Adhere or to follow to instructions aimed at preventing accidents or addressing


imminent danger situations within the work environment;

4. Follow prescribed steps during emergencies, actively participating in national or


local disaster drills to enhance preparedness; and

5. Report any identified work hazards in the workplace promptly to the immediate
supervisor or other designated safety and health personnel.

(c) Duties of Other Persons. – Any individual, such as a builder or contractor, engaging in
activities like visiting, building, renovating, or installing devices in a workplace, is obligated to
adhere to the regulations specified in these rules and other directives issued by the Secretary of
Labor and Employment

In instances where multiple undertakings are simultaneously involved in activities within a single
workplace, it shall be the duty of all concerned to collaborate and cooperate to ensure
compliance with OSH standards and regulations.

Collaboration Mandate:

It is the responsibility of all parties involved to collaborate and work together.

Ensuring OSH Compliance:

The primary goal is to ensure strict adherence to Occupational Safety and Health
(OSH) standards and regulations.

Cooperation for Workplace Safety:

Cooperation among all entities is essential to maintain a safe and compliant


working environment.

Rights of Workers

Section 5-11 of Department Order 198 series of 2018 (Implementing Rules and Regulations of
R.A. 11058)

Section 5. Workers' Right to Know. - The right to safety and health at work shall be guaranteed.
All workers shall be appropriately informed by the employer about all types of hazards in the
workplace, providing access to training and education on chemical safety, electrical safety
mechanical safety, and ergonomic safety
.
Section 6. Workers' Right to Refuse Unsafe Work. The worker has the right of refusal to work
without threat or reprisal from the employer if, as determined by the DOLE, an imminent danger
situation exists in the workplace that may result in illness, injury, or death, and corrective actions
to eliminate the danger have not been undertaken by the employer.
Section 7. Workers' Right to Report Accidents. Workers and their representatives shall have the
right to report accidents, dangerous occurrences, and hazards to the employer, to the DOLE,
and other concerned government agencies exercising jurisdiction as the competent authority in
the specific industry or economic activity.

Section 8. Workers' Right to Personal Protective Equipment (PPE). - Every employer,


contractor, or subcontractor, if any, shall provide his workers, free of charge, protective
equipment for their eyes, face, hands, and feet, and lifeline, safety belt or harness, etc.,
whenever necessary because of the hazardous work process or environment, chemical,
radiological, mechanical and other irritants or hazards capable of causing injury or impairment in
the function of any part of the body through absorption, inhalation or physical contact.

Section 9. 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 and strategic locations in a language understandable to all and under the
standard set by the DOLE.

Section 10. Safety in the Use of Equipment. Concerning the use of equipment, the employer,
contractor, or subcontractor, if any, must comply with the DOLE requirements 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.

Section 11. Occupational Safety and Health Information. - Workers in all establishments,
projects, sites, and all other places where work is being undertaken shall be provided adequate
and suitable information by the employer, contractor, or subcontractor, if any, on safety and
health hazards, and the appropriate measures, including the probable location of workers, for
the prevention, control, and protection against those hazards.

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