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Industrial Hygiene

OSHC
Related Laws and Regulations
OSHC
GUIDELINES ON VENTILATION FOR WORKPLACES
AND PUBLIC TRANSPORT TO PREVENT AND
CONTROL THE SPREAD OF COVID-19
DOLE DO 224 series of 2021

Department of Labor and Employment


SECTION I: RATIONALE

OSHC
As part of the continuing effort of the government to
prevent and control the spread of COVID-19 at the
workplace and cognizant of a large amount of
working time indoors and in poorly ventilated spaces
and in compliance and/or supplement to RA 11058, its
IRR (DOLE DO 198-18), and the OSHS of the
Philippines, Section II-B (5) of DTI-DOLE JMC 20-04-A
and DOH DM 2020-0429, adequate ventilation should
be strictly enforced inside the workplace as a preventive
measure against the spread of COVID-19 virus.
SECTION II: COVERAGE

OSHC
This Guidelines shall cover all commercial
and industrial establishments, projects,
sites, and all other places, where work is
being undertaken indoors. This shall not
however, this advisory shall not cover
healthcare facilities requiring special
considerations in the control of COVID-19.
SECTION VI: VENTILATION ASSESSMENT
The employer shall be responsible for maintaining an acceptable and safe indoor air
quality.

OSHC
A. Qualitative Assessment
1. The safety officer or any qualified personnel may use the
attached self-assessment checklist (See Annex 1) in conducting
the assessment.
2. He/she shall ensure that the ventilation system is working or
functioning during the conduct of assessment in order to determine
how air enters and exits from the space. Other measures to assess
could include, but is not limited to, the following:
a. lingering smell,
b. stuffiness of room,
c. feeling of high humidity, or
d. smokiness of room.
SECTION VI: VENTILATION ASSESSMENT
The employer shall be responsible for maintaining an acceptable and safe indoor air
quality.

A.

B.
OSHC
Qualitative Assessment
3. The use of natural or mechanical ventilation or the combination of both
depends on the ventilation assessment to be conducted by a trained
safety officer or ventilation / indoor air-quality specialist.
Quantitative Assessment
1. For Air movement, directional airflow and objectionable air drafts
shall be considered. Airflow direction should be from cleaner source
to prevent contaminant transmission.
SECTION VI: VENTILATION ASSESSMENT
B. Quantitative Assessment

OSHC
2. Carbon Dioxide (CO2) is commonly used as a surrogate indicator for
assessing indoor air quality (IAQ) and ventilation efficiency. CO2
concentration shall not exceed 1,000 ppm. To achieve this, the
minimum ventilation in breathing zones as set by the Philippine
Green Building Code, could be used as a guide (Annex 2).
CO2 level inside an enclosed space may be determined using
calibrated CO2 monitoring devices. During the CO2 monitoring,
position the device strategically in locations such as those far from
windows, doors and other openings. A calibrated CO2 monitor shall
be used to ensure reliability of results.

Note: Use of indoor plants and indoor gardens will convert


the CO2 to O2
SECTION VI: VENTILATION ASSESSMENT

OSHC
B. Quantitative Assessment

3. Refer to Annex 3 on how to determine ACH.

4. Quantitative ventilation measurements shall be performed


internally by the trained safety officer or EHS personnel of
the company, DOLE-OSHC, or by DOLE accredited WEM
Service Providers.
SECTION VII: MONITORING
As provided for in the DTI-DOLE JMC 20-04-A, the OSH Committee and/or safety
officer of the workplace overseeing the enforcement and monitoring of the minimum

OSHC
public health standards for COVID-19 prevention in the workplace, shall include in
its OSH program the monitoring and evaluation on the implementation of this
Guidelines, at least on a monthly basis or as frequently as possible based on the
assessment and recommendation of the OSH committee/safety officer.
Annex 1 or other similar checklist may be used to ensure
regular monitoring of ventilation measures/strategies are
being implemented
The DOLE Regional Offices shall monitor compliance with
this Guidelines. Other government agencies shall likewise
conduct its own monitoring based on their regulatory
functions, as applicable. In case of violation or non-
compliance, the applicable sanctions/penalties under
pertinent laws, rules and regulations shall be imposed.
SECTION VIII: RENDERING OF TECHNICAL ASSISTANCE

OSHC
The DOLE, DOH, DTI, DPWH, DILG,
DOTr, DOT, and partners in the
private sector shall extend
assistance and technical support to
all workplaces, employers and
workers in complying with the
Advisory.
ANNEX 1: CHECKLIST ON COMPLIANCE WITH ADVISORY ON WORKPLACE VENTILATION I N THE CONTEXT OF COVID-
19
(QUALITATIVE ONLY)

OSHC
REPUBLIC ACT 11058
An Act Strengthening Compliance With Occupational Safety
and Health Standards and Providing Penalties for Violations
Thereof

OSHC
DO 198: IRR Signed : 06 December 2018

Published : 09 January 2019


Philippine Star

Effective : 25 January 2019


COVERAGE OF REPUBLIC ACT 11058

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:

OSHC
▪ 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.

NOTE: 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
DEFINITION OF TERMS

Certified first-aider – any Competency Standards – Covered Workplaces –


person trained and duly industry-determined establishments, projects,

OSHC
certified to administer specification of proficiency sites and all other places
first aid by the Philippine required for effective work where work is being
Red Cross (PRC) or any performance. undertaken wherein the
organization authorized number of employees,
by the DOLE Secretary nature of operations and
risk or hazard involved in
the business
DEFINITION OF TERMS
High risk establishment – refers to a workplace wherein the presence of hazard or
potential hazard within the company may affect the safety and/or health of workers
The following are workplaces commonly associated with potentially high-risk activities:

OSHC
1. Chemical works and chemical 11. Power generation, transmission and
production plants; distribution in the energy sector;
2. Construction; 12. Storage and distribution center for toxic or
3. Deep sea fishing; hazardous chemicals;
4. Explosives and pyrotechnics factories; 13. Storage of fertilizers in high volume;
5. Firefighting; 14. Transportation;
6. Healthcare facilities; 15. Water supply, sewerage, waste
7. Installation of communication management, remediation activities;
accessories, towers and cables; 16. Works in which chlorine is used in bulk; and
8. LPG filling, refilling, storage and 17. Activities closely similar to those
distribution; enumerated above and other activities as
9. Mining; determined by DOLE in accordance with
10. Petrochemical works and refineries; existing issuances on the classification of
establishments.
WORKERS’ RIGHT TO KNOW

The right to safety and health at work shall be

OSHC
guaranteed.
All workers shall be appropriately informed by the
employer about all types of hazards in the workplace,
and provided access to training and education on
chemical safety and to orientation on chemical safety
data sheet, electrical safety, mechanical safety, and
ergonomics
WORKERS’ RIGHT
TO REFUSE UNSAFE WORK

➢ The worker has the right of refusal to work without threat or

OSHC
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.

➢ The employer or safety officer cannot require the


workers to return to work where there is a
continuing imminent danger.
WORKERS’ RIGHT TO REPORT ACCIDENTS

Workers and their representatives shall


have the right to report accidents,
dangerous occurrences, and hazards to

OSHC
the employer, to the DOLE and to other
concerned competent government
agencies

 Reporting of accidents to DOLE may be made through


any means of communication, including the DOLE
hotline, whichever is most convenient to the worker.
The same may be reported to the nearest DOLE
Regional, Field, Provincial or Satellite Office having
jurisdiction over the place of the incident.
SAFETY OFFICER
To ensure that a safety and health program is duly followed and
enforced, covered workplaces shall have safety officers who shall:

OSHC
a) Oversee the overall management of the safety and health
program;

b) Frequently monitor and inspect any health or safety aspect of


the operation being undertaken;

c) Assist government inspectors in the conduct of safety and health


inspection at any time whenever work is being performed or
during the conduct of an accident investigation; and

d) Issue work stoppage order when necessary.


SAFETY AND HEALTH TRAINING
a) All safety and health personnel shall undergo the mandatory training on basic
occupational safety and health for safety officers as prescribed by the DOLE.

b) All personnel engaged in the operation, erection, and dismantling of equipment and

OSHC
scaffolds, structural erections, excavations, blasting operations, demolition, confined
spaces, hazardous chemicals, welding, and flame cutting shall undergo specialized
instruction and training on the said activities.
Minimum Prescribed Training / Orientation for OSH Personnel
SAFETY AND HEALTH
TRAINING
c) All workers shall undergo the mandatory workers’ OSH seminar as

OSHC
prescribed by DOLE which shall be jointly participated by workers
and employers. The workers’ OSH seminar and other
trainings/orientations as required by the employer and by any law
shall be at no cost on the worker and considered as compensable
working time.

Standardized training module for safety and health personnel shall


be implemented and updated regularly as necessary.

The mandatory workers’ OSH seminar may be conducted by the


safety officer of the establishment or any certified OSH
practitioner or consultant.
PAYMENT OF WORKERS’ INCOME DURING WORK
STOPPAGE DUE TO IMMINENT DANGER

 If stoppage of work due to imminent danger occurs as a


result of the employer’s violation or fault, the employer

OSHC
shall
. pay the affected workers concerned their wages
during the period of such stoppage of work or
suspension of operation.

 For purposes of payment of wages and any other


liabilities arising from a work stoppage order (WSO), the
employer is presumed a party at fault if the WSO is
issued secondary to an imminent danger situation which
would imperil the lives of the workers.
OCCUPATIONAL SAFETY AND
HEALTH PROGRAM
➢ The establishment shall develop and implement a suitable OSH program in a format
prescribed by DOLE which shall be posted in prominent workplaces. This shall be
submitted to DOLE Regional Office having jurisdiction over the workplace.
Core Elements: Management commitment and employee involvement, workplace

OSHC
risk assessment, hazard prevention and control, safety and health training and
education, and OSH program evaluation.

➢ OSH programs in the pre-approved template may be modified by DOLE as necessary


based on existing laws, rules and regulations, and other issuances or upon validation
of the program during inspection.
➢ The company shall review and evaluate the OSH program at least once a year or
as necessary, to ensure that its objectives are met towards an improved safety and
health performance.

➢ A duly signed company commitment to comply OSH requirements together with


the company OSH program using the prescribed template shall be considered
approved upon submission EXCEPT for Construction Safety and Health Program
which shall need approval by DOLE prior to construction.
INCENTIVES TO EMPLOYERS
AND WORKERS

There shall be established package of incentives

OSHC
under such rules and regulations as may be
promulgated by the DOLE to qualified employers
and workers to recognize their efforts towards
ensuring compliance with OSH and general labor
standards such as OSH training packages,
additional protective equipment, technical
guidance, recognition awards and other similar
incentives.
PROHIBITED ACTS AND
ITS CORRESPONDING PENALTIES
Any willful failure or refusal
of an employer, contractor
or subcontractor to comply

OSHC
with the following OSH
standards below or with a
compliance order issued by
the Secretary of Labor and
Employment or his/her
authorized representative
shall be penalized of the
administrative fines as
follows computed on a per
day basis until full
compliance:
PROHIBITED ACTS AND
ITS CORRESPONDING PENALTIES

Failure or refusal to comply with OSH standards or

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

An employer, contractor or subcontractor who is


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

➢ 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)

OSHC
➢ Should there be 2 or more non-compliances, all penalties shall be imposed; provided that
the total daily penalty shall not exceed one hundred thousand pesos (₱ 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.
RA 11058

▪ The WHO organization had congratulated the Philippines for passing this law.
▪ This, is a contributing factor for the Philippines to achieve the Sustainable Development

OSHC
Goal 8.8 (that is to protect the labour rights and promote safe and secure working
environments for all workers).
▪ It also boosts the implementation of the WHO-supported Occupational Health and
Safety Sector Plan under the National Environmental Health Action Plan (2017-2022).

REMEMBER:
Employers are now required to comply with Occupational Safety and Health Standards
including informing workers on all types of hazards in the workplace and having the right
to refuse unsafe work, as well as providing facilities and personal protective equipment
for the workers, among others.
DOLE DEPARTMENT ORDER NO. 160 - 16

Guidelines on the Accreditation of Consulting


Organizations to Provide WEM Services

OSHC
1. Establishments shall only seek WEM services from
accredited WEM Providers. Otherwise, the WEM shall
NOT be regarded as compliant to Rule 1077 (Working
Environment Measurement) of the OSHS.

2. NO person or organization shall be allowed, hired or


provide WEM services unless the requirements of this rule
are complied with.
ACCREDITED WEM PROVIDERS
• 19 accredited WEM Providers listed in our website
https://oshc.dole.gov.ph/work-environment-
measurement-providers/ (as of February 14, 2022)

OSHC
• Categories of Accreditation
• Category I – Sampling and Measurement
• IA – Physical Hazards
• IB – Chemical Hazards
• IC - Ventilation
• Category II – Occupational Hygiene Laboratory
• Category III – Sampling and Occupational Hygiene
Laboratory
D.O. 136-14 : Guidelines for the Implementation of GHS in
Chemical Safety Program in the Workplace

Coverage
 ALL WORKPLACES engaged in the manufacture, use, storage
of INDUSTRIAL CHEMICALS, in the private sector, including

OSHC
their supply chain.
 Ensure development, implementation and monitoring of the
Chemical safety policy and program

 Workers’ Right to Know


 shall cover training and information on chemical safety
and orientation on chemical safety data sheets.
 Has the right of refusal to work if an imminent danger
situation exists until the corrective action to eliminate the
danger is achieved
D.O. 154-16: Safety and Health Standards on the Use
and Management of Asbestos in the Workplace

✓ This shall apply to all asbestos-related activities in the


construction, manufacturing, dismantling, disposal
and other industrial activities that handle asbestos or

OSHC
asbestos-containing products.

✓ Sets the occupational exposure limit to 0.1 fibers per


cubic centimeter of air in an 8-hour work period.

✓ The employer to develop and implement a Asbestos


Safety and Health Program
Department Advisory no 3: Safety and Health Measures to
Prevent and Control Heat Stress in the Workplace

❖ Guide to prevent heat-related disorders at the


workplace especially those engaged in construction,
fishing and/or working outdoors under prolonged

OSHC
exposure to extreme heat
❖ Assess the risk of exposure
❖ Adopt procedure for heat related emergency
situations
❖ Develop awareness by all workers and how to
recognize heat related symptoms.
❖ Adopting flexible work arrangements
D.O. 132-13 :
Guidelines on Maritime Occupational Safety and Health

✓ The Guidelines will apply to Philippine Registered Ships


plying both domestic and international voyages
✓ Aims to promote health and safety of seafarers on

OSHC
board ships and prevention of accidents, injuries,
diseases and deaths in the course of employment

▪ OSH Policy and Programs


▪ Safety Protection and Accident Prevention
▪ Hazard Prevention Program
▪ Work Environment Conditions
▪ Occupational Health
▪ Crew Accommodation
OCCUPATIONAL SAFETY AND
HEALTH STANDARDS

• Rule 1030, DO 16 -01: Training and Accreditation of

OSHC
Personnel on OSH
• Rule 1040: Health and Safety Committee
• Rule 1070: Occupational Health and Environmental Control
• Rule 1960: Occupational Health Services
• Rule 1090: Hazardous Materials
• Rule 1950: Pesticides and Fertilizers
• Rule 1140: Explosives
AMENDMENTS TO OSHS
Rule 1090: Hazardous Materials

• Use of chemicals must be subject to Industrial Hygiene


Assessment in order to determine workers’ exposure. All workers
exposed to hazardous substances shall be subjected to medical

OSHC
surveillance at least within a period of six months

• All handlers, transporters and users of hazardous materials and


wastes shall undergo substantial training focused on safe
handling, proper storage and disposal of such.

• The employer shall organize an emergency response team to


handle and control actual or potential leaks and spills of hazardous
substances
ERGONOMICS

D.O. 178-17 : Safety and Health Measures

OSHC
for Workers who by the Nature of their
Work have to Stand at Work

D.O. 184-17 : Safety and Health Measures


for Workers who by the Nature of their
Work have to Spend Long Hours Sitting
Policy Guidelines Governing OSH of Workers
in Call Center Industry (s. 2008)

Policy on OSH with the following components:

OSHC
- Hazard Risk Prevention and Control
- Capability building for members of the Safety and
Health Committee
- Referral and Access to Medical and Welfare services
MINAMATA CONVENTION ON MERCURY

 The Philippine government has ratified the Minamata


Convention on Mercury on July 8, 2020; the first legally
binding treaty to phase out mercury, which is a highly

OSHC
toxic substance that poses threats to the environment
and human health.
 The convention provides a comprehensive policy to
address mercury emissions on soil, water, and the
atmosphere, phase out mercury use in products and
processes, and the regulation of the informality of the
artisanal and small-scale gold mining sector (ASGM).
 The Philippines becomes the 123 party to this convention
ON - GOING ACTIVITIES

• Amendments of OSH Standards

OSHC
• Prescribed training modules were revised

• OSH guidelines for micro and small enterprises

• Increase of OSH Training and Awareness Programs

• Conduct of free online training courses


AMENDMENTS TO OSHS
Rule 1070: Industrial Hygiene
• Covered workplaces -refers to establishments, projects, sites, and all other places where work is
being undertaken where in the number of employees, nature of operations, and risk or hazard
involved in the business, as determined by DOLE
o Low-risk workplace shall refer to a workplace where workers are not exposed to hazards
that could result in serious injury or illness such as offices, schools, shops or the like.

OSHC
o Medium-risk workplace shall refer to establishment where work operations or practices
performed by a worker in the establishment which expose the employee or worker to
hazards likely to cause disabling injury, illness, death or physical or psychological harm.
o High-risk workplace shall refer to establishment where potential hazard within the company
may affect the safety and/or health of workers not only within but also persons outside the
premises of the workplace.
• Threshold Limit Values
o Noise and Vibration
o Heat Stress
o Indoor Air Quality
o Local Exhaust Control Velocities
▪ Dust and Heavy Metal Fumes
▪ Organic Solvents and Acid Mists
▪ Laboratory Fume Hoods and Spray Booth
▪ Updraft and Canopy Hoods
OSHC

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