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IRR of RA 11058

“An Act Strengthening Compliance with


Occupational Safety and Health Standards
and Providing Penalties for Violations
Thereof ”
RA 11058
2 .
It was signed into law by President Rodrigo Duterte in August 17, 2018. The
Department of Labor and Employment (DOLE) released the Implementing Rules
and Regulations (IRR) in December 16, 2018 upon the approval of Labor Secretary
Silvestre H. Bello III.
CONTENT
3
◈ Declaration Of Policy
◈ Definition of terms
◈ Duties And Rights
◈ Compliance And Enforcement
◈ Covered Workplaces
◈ Miscellaneous Provisions
Declaration Of Policy
4

The new RA 11058 law amends the


41-year-old Labor Code of the
Philippines and covers all
establishments, projects, sites,
including Philippine economic zones
and all other places of work except
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
Key Terms
5 ◈ Certified first-aider Safety and health committee
◈ Competency standards Safety and health program
◈ Covered workplaces
◈ Employer
◈ Equipment
◈ General safety and health inspection
◈ Imminent danger
◈ Micro and small enterprises (MSEs)
◈ Occupational safety and health
◈ Safety and health audit
Safety officer
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◈ Supporting the development
of OHS policies and
programs.
◈ Advising and instructing on
various safety-related topics
(noise levels, use of
machinery etc.)
◈ Conducting risk assessment
and enforcing preventative
measures
Safety and health committee
7 ◈ For medium to high risk establishments with ten (10) to fifty (50)
workers and low to high risk establishments with fifty-one (51)
workers and above.
◈ The OSH committee of the covered workplace shall be composed of
the following:

Chairperson employer or his/her representative

Secretary Safety officer of the workplace

Ex-officio Members Certified first aider, OH nurse OH dentist, and OH


physician, as applicable
Members Safety officers representing the contractor or
subcontractor and representative’s of workers who
shall come from the union.
Duties And Rights Of Employers
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◈ Every employer, contractor or subcontractor, if any, and any
person who manages, controls or supervises the work
being undertaken shall:
1. Furnish the workers a place of employment free from hazardous
conditions.
2. Give complete job safety instructions or orientation to all workers
especially to those entering the job for the first time.
3. Inform the workers of the hazards associated with their work health
risks involved to which they are exposed to.
4. Use only approved devices and equipment for the workplace.
5. Comply with OSH standards
Duties of workers
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1. Every worker shall participate in ensuring
compliance with OSH standards in the
workplace.
2. The worker shall make proper use of all
safeguards and safety devices furnished
for the worker’s protection and that of
others.
3. The worker shall observe the prescribed
steps to be taken in cases of emergency.
4. The worker shall report to the supervisor
any of the work hazards.
Duty of any person and collaborators
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◈ It shall be the duty of any person,


including the builder or contractor
who visits, builds, renovates or
installs devices or conducts
business in any establishments or
workplace.
◈ It shall be the duty of all engaged
to collaborate in the application of
OSH standards and regulations.
Worker’ rights
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Worker’s rights to know
the right to safety and health at work shall be
guaranteed.
Worker’s right to refuse
the worker has the right of refusal to work without threat
or reprisal from the employer.
Worker’s right to report accidents
workers shall have the right to report accidents.
Dangerous and hazards to the employers.
Worker’s right to Personal Protective Equipment
(PPE)
workers should have PPE for free from their employers.

 
Safety signage and devices
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◈ Using images and symbols warns people of dangers faster and easier
than words. The basic use of safety symbols is to prevent people
from getting into accidents.
Occupational safety and health information
13

◈ deals with all aspects


of health and safety in
the workplace and has
a strong focus on
primary prevention of
hazards.
Covered workplaces
14 ◈ Covered workplaces are requires to have a safety and health program.
◈ A safety and health committee is required to be organized in covered
workplaces.
◈ Workplaces are required to have safety officers.
◈ Covered workplaces shall have qualified occupational health personnel.
Safety health training
◈ all safety and health personnel shall undergo the mandatory training on
basic occupational safety and health for safety officers as prescribed by
DOLE.
Occupational Safety and health reports
◈ All employers shall submit all safety health reports, and notifications
prescribed by the DOLE.
15
Workers’ competency certification
◈ Establish national competency standards and prepare guidelines on
competence assessment and certification for critical occupations.
All critical occupation shall undergo the mandatory competence assessment and
certification by the TESDA.
Workers’ welfare facilities
◈ All establishments, projects, sites and all other places where work is being
undertaken shall have the following welfare facilities in order to ensure human
working conditions


WORKPLACE CLASSIFICATION BASED ON RISKS
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◈ Low Risk Establishments are those
with a low level of danger.
◈ Medium Risk Establishments are
those workplaces where there is
moderate exposure to safety and health
hazards.
◈ A High Risk Establishment is a
workplace wherein the presence of
hazard or 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.
Compliance and enforcement
17

◈ Joint and solidary liability of employers


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 solidarity liable for
compliance with occupational safety and health
standards including the penalties imposed for
violation thereof as provided for in this Rules.
18
Payment of workers during work stoppage
due to imminent danger
◈ The employer shall pay the workers concerned their wages during the period
of such stoppage of work or suspension of operation.
Delegation of authority
◈ The delegation of authority refers to the division of labor and decision-
making responsibility to an individual that reports to a leader or manager. It is
the organizational process of a manager dividing their own work among all
their people.
DOLE Secretary’s standards setting power
◈ The secretary shall also institute new and update existing programs to ensure
safe and healthy working conditions in all workplace especially in hazardous
industries.
19
Employee’s compensation claim
◈ A worker may file claims for
compensation benefit arising out of
work-related disability or death.
Incentives to employers
◈ Incentives may be given to qualified
employers and workers in recognition
of their effort in ensuring compliance
with OSH Standards.
Prohibited acts
20 ◈ 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 (₱
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.
Miscellaneous Provisions
21
◈ Updated DOLE Computerized Labor Law Compliances
system
◈ Applicability to Micro and Small enterprises (MSEs)
◈ Inter-Governmental Coordination and Cooperation.
◈ Implementing Rules and Regulations
◈ Separability clause
◈ Repealing clause-
◈ Effectivity - 15 days after its publication in the Official
Gazelle or in a news paper of general circulation.
References
22 ◈ http://legacy.senate.gov.ph/republic_acts/ra%2011058.pdf
◈ https://cda.gov.ph/wp-content/uploads/2019/07/coopsday-DOLE-Bureau-of-Working-Conditions.pdf
◈ https://laborlaw.ph/primer-osh-law-2018/10923/?
fbclid=IwAR199PKAEHpcFoDtkcqhr6XHyIMPmnkph_CybJSvHWFYj2xNb53J5Kd
◈ https://www.google.com/search?q=Incentives+to+employers&source=lmns&bih=657&biw=1366&h
l=en&sa=X&ved=2ahUKEwih_-
ScwoL6AhUYIYgKHW8zBrAQ_AUoAHoECAEQAA
◈ https://
www.who.int/philippines/news/detail/23-08-2018-the-occupational-safety-and-health-standards-act-w
ill-protect-the-health-of-workers-in-the-philippines?fbclid=IwAR0HoBmK9xZK6IEzcODM78imqT-C
sEacB8bcFUPGN7sNExd4DemLaQbbwY0
GROUP 1- RA 11058
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MEMBERS: MESHEEN RUBIN LANDERO


ALMENDA MARIE MARIMON
ALDRIN TOLERO
AIRON JADE BENIDO

THAT’S ALL THANK YOU!

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