Department Order No. 198 s. 2018: OSH Standards

• Department Order No. 198 series of 2018 contains the Implementing Rules and Regulations of Republic Act No. 11058, also known as "An Act Strengthening Compliance with Occupational Safety and Health Standards and Providing Penalties for Violations Thereof"

Declaration of Policy

• The State considers labor as a primary social and economic force.
• A safe and healthy workforce is integral to nation building.
• The State shall ensure safe and healthful workplaces with full protection against hazards.
• The Labor Code of the Philippines, domestic laws, and international standards on occupational safety and health will be fully enforced and complied with.
• Penalties will be provided for violations.
• Workers are protected against injury, sickness or death through safe and healthful working conditions.
• Assuring conservation of manpower resources and prevention of loss/damage to lives and properties aligns with national development goals.
• The State promotes strict, dynamic, inclusive, and gender-sensitive measures in policies and programs related to occupational safety and health.

General Provisions & Coverage

• These rules apply to all establishments, projects, sites, and places where work is undertaken in all economic activities.
• This includes establishments inside special economic zones (e.g., PEZA, CDC), utilities in air, sea, and land transportation, and industries like mining, fishing, construction, agriculture, and maritime.
• The rules also cover contractors and subcontractors, whose workers follow the OSH policy of the establishment they are assigned to.
• These rules don't apply to the public sector like national government agencies, government-owned corporations with original charters, government financial institutions, state universities/colleges, and local government units, which are governed by the Civil Service Commission's rules.

Definition of Terms

• Certified first-aider: Trained and certified to administer first aid by the Philippine Red Cross or authorized organizations.
• Competency Standards: Industry-determined specifications for effective work performance, focusing on workplace activity and the ability to apply new skills.
• Covered workplaces: Establishments, projects, sites, and places where work is done, which require compliance due to the number of employees, nature of operations, and involved risks/hazards.
• DOLE-Accredited Training Organizations: Organizations granted accreditation by DOLE according to Department Order No. 16, Series of 2001.
• Employer: Any person, natural or juridical, including principal employers, contractors, or subcontractors, who benefits directly or indirectly from the employee's services.
• Equipment: Any machine with an engine or electric motor as the prime mover.
• General safety and health inspection: Examination of the work environment, including machinery, workspace, ventilation, lighting, work conditions, handling, storage, and potential safety/health hazards.
• High-risk establishment: A workplace where hazards may affect the safety/health of workers and people outside the premises, with a high probability of major accidents leading to disability, death, or major illness.
• High-risk activities include chemical works, construction, deep-sea fishing, explosives factories, firefighting, healthcare.
• High-risk activities include installation of communication towers, LPG filling, mining, petrochemical/biofuel industries, power generation, storage of toxic chemicals and fertilizers, transportation, waste management, chlorine use, and similar activities determined by DOLE.
• Imminent danger: A situation in the workplace that could reasonably lead to death or serious physical harm.
• Low-risk establishment: A workplace with a low level of danger and low probability of accidents, harm, injury, or illness.
• Medium-risk establishment: A workplace with moderate exposure to hazards and probability of accidents if preventive measures are not in place.
• Micro and Small Enterprises (MSEs): Establishments with less than 10 employees and those with less than 100 employees, respectively, regardless of capitalization.
• Occupational Health (OH) personnel includes first-aiders, nurses, dentists, or physicians engaged by the employer to provide occupational health services.
• Occupational Safety and Health (OSH) consultant: A Safety Officer 4 or equivalent certified by DOLE to perform consultative services in at least two fields of specialization as determined by DOLE.
• Occupational Safety and Health (OSH) practitioner: A Safety Officer 3 or equivalent certified by DOLE to render OSH services in a defined scope.
• Occupational Safety and Health (OSH) standards: Rules issued by DOLE mandating the adoption and use of practices, means, methods, operations, and working conditions necessary for safe and healthful employment.
• Personal Protective Equipment (PPE): Specialized clothing or equipment to protect workers from safety and health hazards, such as protection for the body, eyes, head, face, hands, feet, and ears.
• Safety and Health Audit: Regular and critical examination of project sites, safety programs, records, and management performance on safety and health standards by the safety officer.
• Safety and Health Committee: A body within the workplace responsible for planning, developing, implementing, monitoring, and evaluating OSH policies and programs related to the safety and health of workers.
• Safety and Health program: A detailed set of rules to govern company policies, processes, and practices to conform with OSH standards, including personnel responsibilities and penalties for violations.
• Safety officer: An employee trained by DOLE or a DOLE-Accredited Training Organization, tasked by the employer to implement an OSH program and ensure compliance with OSH standards.
• Safety Officer 1 (SO1): Has completed the mandatory eight-hour OSH orientation course and two-hour trainers' training.
• Safety Officer 2 (SO2): Has completed the mandatory forty-hour OSH training course applicable to the industry.
• Safety Officer 3 (SO3): Completed the mandatory forty-hour OSH training course, additional forty-eight hours of advanced/specialized occupational safety training relevant to the industry, and has relevant experience, making them eligible for certification as an OSH practitioner.
• Safety Officer 4 (SO4): Completed the mandatory forty-hour OSH training course, additional eighty hours of advanced/specialized safety training, has 320 hours of OSH related training or experience, and has actual experience as SO3, making them eligible for certification as an OSH consultant.
• Safety signage: Emergency, warning, or danger signposts, or any safety instruction using standard colors, sizes, and symbols for safety instructions and warnings in the workplace, prescribed by DOLE.
• Workplace: Any site or location where workers need to be present for their work, under the employer's direct or indirect control, including work areas, employee lounges, restrooms, cafeterias, hallways, and emergency access.
• Worker includes any member of the labor force, regardless of employment status.
• Workers' OSH Seminar: The mandatory eight-hour module conducted by the safety officer of the workplace as prescribed by OSH standards.

Duties and Rights of Employers, Workers and Other Persons

• Employers must equip the workplace to be free of hazardous conditions that may cause death, illness, or physical harm to workers.
• Employers must give safety instructions and orientation to all workers about familiarizing with their work environment.
• Employers must ensure that chemical, physical, and biological substances/agents under their control are without risk to health;
• Employers must comply with OSH standards, including training, medical examinations, and protective/safety devices like PPE and machine guards.
• Workers' training shall include health promotion, hazard awareness, risk prevention, emergency procedures, and safety instructions for their jobs.
• Employers must provide workers and their representatives time/resources to actively participate in organizing, planning, implementing, monitoring, evaluating, and improving the OSH management system.
• Employers must provide measures for identifying training needs, drills, evacuation plans, and first-aid arrangements for emergencies, fires, and accidents.
• Employers must comply with all reportorial requirements of OSH standards.
• Employers must register their establishment with DOLE

Duties of Workers

• Participate in capacity building activities on safety and health and other OSH related topics and programs.
• Workers must properly use all safeguards and safety devices.
• Workers must comply with instructions to prevent accidents or imminent danger.
• Workers must observe prescribed steps in emergencies, including participation in disaster drills.
• Workers must report any work hazards to their supervisor or safety personnel.
• Other persons, including builders/contractors visiting, building, renovating, or installing devices in establishments, must comply with these rules and regulations.
• When multiple undertakings occur simultaneously in one workplace, all must collaborate to ensure compliance with OSH standards and regulations.

Workers' Right to Know

• The right to safety and health at work is guaranteed.
• Employers must inform workers about all types of workplace hazards.
• Workers will have access to training, education, and orientation on chemical, electrical, mechanical, ergonomic, and other hazards.
• Training and information shall be provided on all types of hazards in the workplace in a language understood by all workers, including new hires.
• Training and information materials will be made readily available and accessible.
• Re-orientation on safety and health for workers in high-risk establishments must occur at least quarterly and immediately following changes in operations or production processes.
• The worker has the right to refuse work without reprisal from the employer if an imminent danger situation exists, as determined by DOLE.
• A safety officer can, without fear of reprisal, implement a work stoppage or suspend operations in cases of imminent danger to the workers.
• The employer, safety officer, or worker shall immediately notify DOLE of an imminent danger situation.
• Employers or safety officers cannot require workers to return to work where there is a continuing imminent danger.
• Workers can refuse to work until the Work Stoppage Order (WSO) is lifted after corrective measures are implemented
• Workers affected by imminent danger can be temporarily assigned to other safe areas in the workplace.
• Section 24 of these rules applies during the period of a WSO or suspension of operations due to imminent danger.

More Workers' Rights

• Workers and their representatives have the right to report accidents, dangerous occurrences, and hazards to the employer, DOLE, and other concerned agencies.
• They are free from retaliation for reporting accidents.
• Accidents can be reported to DOLE through various means of communication, including the DOLE hotline or the nearest DOLE office.
• Employers must provide workers with free PPE for body parts exposed to hazards. This includes lifelines, safety belts, gas/dust respirators, and protective shields.
• PPE cost is included in safety/health program.
• PPE should be tested and approved by DOLE based on standards/verification.
• PPE usage is based on safety officer's hazard assessment recommendation.
• PPE shall be appropriate for the specific hazards. Training on application, use, handling, cleaning, and maintenance of PPE is provided.
• Failure to provide appropriate PPE in high-risk activities allows workers to refuse unsafe work.
• Establishments must use safety signage to warn workers and the public of workplace hazards.
• Safety signage must be posted in prominent positions, in a language understood by all, and in accordance with OSH standards.
• Employers must comply with DOLE standards on safety and equipment use in all phases of company or project operation, including transport.
• Operators must have appropriate training and certification from TESDA, PRC, or other concerned government agencies before using equipment.

Occupational Safety and Health Information

• Employers must provide workers with adequate and suitable information.
• Workplace hazards and risks to worker's safety/health, such as chemical safety data sheets.
• Control mechanisms in place to reduce exposure to hazards and other preventive strategies like training, medical monitoring, and control of lifestyle-related diseases.
• Measures for prevention, control, and protection against hazards.
• Emergency and disaster management protocols including evacuation and shutdown procedures.
• Information materials are regularly revised by the OSH committee.

Covered Workplaces & OSH Program

• Covered workplaces must develop and implement a suitable OSH program in a format prescribed by DOLE, posted in prominent places.
• For establishments with less than 10 workers and low-risk establishments with 10-50 workers, the OSH program must be signed by the employer and include:
• Company commitment to comply with OSH requirements.
• General safety and health programs.
• Safety and health hazard identification, risk assessment, and control (HIRAC).
• Medical surveillance for early detection of occupational diseases.
• First aid and emergency medical services.
• Promotion of drug-free workplace.
• Mental health services
• Healthy Lifestyle
• Prevention and control of Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome, Tuberculosis and Hepatitis B
• Complete company details
• Composition/duties of the OSH committee
• OSH personnel/facilities
• Safety/health promotion, training, and education:
• Orientation of all workers on OSH.
• Conduct of risk assessment, evaluation, and control.
• Conduct toolbox/safety meetings and job safety analysis.
• Accident/incident/illness investigation, recording, reporting.
• Provision and use of PPE.
• Provision of safety signage.
• Provision of workers' welfare facilities.
• Emergency/disaster preparedness and mandated drills, solid waste management, control/management of hazards.

OSH Program Required Elements

• For medium to high-risk establishments with 10-50 workers and low to high-risk establishments with 51+ workers, the OSH program must be signed by the employer and include:
• Company commitment to comply with OSH requirements.
• General safety and health programs as above
• Safety and health hazard identification, risk assessment and control (HIRAC).
• Medical surveillance for early detection of occupational diseases.
• First aid and emergency medical services.
• Promotion of drug-free workplace.
• Mental health services
• Healthy Lifestyle
• Prevention and control of Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome, Tuberculosis and Hepatitis B
• Complete company details
• Composition/duties of the OSH committee
• OSH personnel/facilities
• Safety/health promotion, training, and education:
• Orientation of all workers on OSH.
• Conduct of risk assessment, evaluation, and control.

Safety Program Considerations

• Must include continuous training on OSH of OSH personnel and Work Permit System when working at height, in confined spaces, hot work, and other related activities.
• Accident/incident/illness investigation, recording and reporting, provision and use of PPE, provision of safety signage, dust control and management, regulation on activities such as building of temporary structures, lifting, communication systems, and more.
• Provision of worker's welfare facilities like organization of disaster control groups, business continuity plan, and hazard, risk/vulnerability assessment, and solid waste management system.
• Control and management of hazards and prohibited acts and penalties for violations, including cost of implementing the company OSH program.
• DOLE shall prescribe a format for OSH programs accomplished by the employer with worker consultation.
• The OSH program must be communicated and readily available in the workplace.
• It should be updated per rules/guidelines from DOLE and other institutions.
• Ensure core OSH elements such as management commitment, workplace risk assessment, hazard prevention, safety/health training, and program evaluation are integrated.
• A copy of the OSH program must be submitted to the DOLE Regional, Provincial, Field, or Satellite Office; Approval is granted upon submission of the signed company commitment (except for Construction Safety and Health Program, which requires prior DOLE approval).
• DOLE may modify the pre-approved OSH program template as needed. Any modifications made by the company must be submitted to DOLE.
• The company shall review and evaluate the OSH program at least once a year or as necessary.

Occupational Safety and Health Committee

• To ensure the safety and health program is observed and enforced, a safety and health committee shall be organized in covered workplaces.
• For establishments with <10 workers and low-risk establishments with 10-50 workers, an SO1 shall establish an OSH committee.
• The committee includes the company owner/manager as chairperson, the safety officer as secretary, and at least one worker.
• The workplace safety officer can also be the owner/manager and must undertake first aid training.
• 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:

OSH Committee Composition

• Committee makeup shall be as follows:
• Employer (or representative) as ex-officio chairperson, workplace safety officer as secretary.
• Certified first-aider, OH nurse, OH dentist, and OH physician as applicable.
• Safety officers and worker representatives from the union (if workers are organized) or elected workers.
• The OSH committee shall effectively plan, develop, oversee, and monitor the implementation of the OSH program.
• In buildings with two or more establishments, a Joint Coordinating Committee is formed to plan/implement programs.
• The Joint Coordinating Committee includes the building owner (or representative), the Safety officer from each building and at least two worker representatives.
• Building/complex administrator should ensure the Joint OSH committee submits organizational plans and minutes to the DOLE Regional office.

Safety Officer Responsibilities

• Safety officers are responsible for the following:
• Managing the OSH program, frequently monitoring the health and safety of the operation, assisting government inspectors, and issuing Work Stoppage Orders (WSO) when necessary.
• Safety officers in all workplaces must have the necessary training and experience as specified.
• SO1 must complete an 8-hour OSH orientation course and 2-hour trainers training.
• SO2 must complete a 40-hour basic OSH training course applicable to the industry.
• SO3 must complete a 40-hour basic OSH training course applicable to the industry and a 48-hour advanced/specialized occupational safety training course relevant to the industry, along with at least 2 years of experience in OSH.
• SO4 must complete a 40-hour basic OSH training course applicable to the industry and an 80-hour advanced/specialized occupational safety training course with an aggregate of 320 training hours or actual experience as SO3 for at least four years.

Workplace Safety Officer Requirements

• Safety officer's qualifications and quantity depend on the number of workers, equipment, worksite size, and workplace classification
• Safety officers must undergo DOLE-BOSH training or an advanced occupational safety training course.
• Safety officers can be engaged in other programs depending on the establishment.
• A contractor or subcontractor must deploy at least one safety officer in each specific area of operations to oversee the OSH program.
• The DOLE allows SO4 certifications for a year to be OSH certified if they are undergoing training.

Number of Works and Safety Officers Required by Workplace Risk

• Low-risk workplaces
  • 1-9 workers requires one SO1
  • 10-50 workers requires one SO1
  • 51-99 workers requires one SO2
  • 100-199 workers requires one SO2 and one SO3
  • 200-250 workers requires two SO2 or one SO3
  • 251-500 workers requires two SO2 and one SO3
  • 501-750 workers requires two SO2 and one SO3
  • 751-1000 workers requires two SO3
  • For every additional 250 workers, an additional SO3 is required for a fraction thereof
  • For every additional 500 workers, and additional SO3 or SO4 is required for a fraction thereof
• Medium-Risk workplaces
  • 1-9 workers requires one SO1
  • 10-50 workers requires one SO2
  • 51-99 workers requires one SO2 and one SO3
  • 100-199 workers requires one SO2 and one SO3
  • 200-250 workers requires one SO2 and one SO3
  • 251-500 workers requires two SO3
  • 501-750 workers requires two SO3
  • For every additional 500 workers, and additional SO3 or SO4 is required for a fraction thereof
• High-Risk workplaces
  • 1-9 workers requires one SO2
  • 10-50 workers requires one SO2
  • 51-99 workers requires one SO2 and one SO3
  • 100-199 workers requires one SO2 and one SO3
  • 200-250 workers requires two SO3
  • 251-500 workers requires one SO2 and two SO3
  • 501-750 workers requires one SO2 and two SO3

Occupational Health Personal & Facilities

• Covered workplaces must have qualified occupational health personnel (first-aiders, nurses, dentists, physicians) with medical supplies, equipment and facilities. The number of health personnel depends on FT or PT status, equipment, facilities, and the total number of workers and the risk or hazard involved.
• For 1-9 workers, there must be one first-aider.
• For 10-50 workers, there must be one first-aider
• For 51-99 workers there must be one first-aider and 2 PT OH nurses
• For 100-199 workers, there must be 2 first-aiders and 2 OH nurses
• For 200-500 workers, there must be 3-5 first-aiders along with 1 FT OH nurse and 1 PT OH physician.
• For 200-500 workers, there must be 3-5 first-aiders along with 1 FT OH nurse and 1 PT OH physician
• For every 100 additional workers, 1 additional first-aider is required or a fraction thereof.
• For every 250 additional workers, 1 additional FT nurse is required or a fraction thereof.
• For every 500 additional worker, 1 FT OH physician is required.

Worker and Medical Facility Requirements

• Every employer must provide medical services and facilities and maintains a first aid treatment room or clinic for workers.
• Employers may not establish a hospital/dental clinic if one is located within 5 kilometers from the workplace, accessible within 25 minutes, and the employer has transport readily available.
• The employer must enter a written contract with the hospital for worker treatment in emergencies.

Safety and Health Training

• Safety and health personnel must undergo mandatory OSH training prescribed by DOLE. Training is evidenced by certification from DOLE or a DOLE-Accredited Training Organization
• Safety Officer 1 (Sal) must complete the Mandatory 8-hour OSH orientation course, and 2 hours of trainer's training applicable to the said industry.
• Safety Officer 2 (SO2) must complete Mandatory (40)-hour OSHA training course applicable.
• Safety Officer 3 (SO3) must complete the Mandatory forty 40-hour OSH training course, and an additional 40-hour advanced skilled training for the related course
• Safety Officer 4 (SO4) must complete the Mandatory forty 40-hour OSH training course, and an additional eighty (80) hours of advanced/specialized occupational safety training, while having an aggregate of three-hundred and twenty to (320)
• A First-Aider must undergo Standard First Aid Training.
• An OH nurse must complete "At least forty (40)-hour Basic OSH training course for OH Nurses""
• An OH Dentist must complete at least forty (40)-hour Basic OSH training course.
• An OH physician must complete at least fifty-six to (56) hour basic OSH training course for their related field.

Worker's Regulations

• All workers shall undergo the mandatory worker's OSH seminar as 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 shall be at no cost on the worker and be considered compensable working time.
• All personnel engaged in the erection and dismantling of equipment and scaffolds or with structural equipment are required to undergo specialized instruction and training on said activities.

Additional OSH Regulations & Standards

• All employers, contractors, or subcontractors, if any, shall submit to DOLE all safety and health reports and notifications.
• The PRC shall determine the minimum and necessary competency on safety and health for OSH personnel.
• All establishments must have free welfare facilities to ensure humane working conditions,
• Separate sanitary, washing, and sleeping facilities must be available.
• Lactation stations must be available
• Workers should have Ramps, railings, and the like,

Other Standards & Reminders

• All employers, contractors, or subcontractors, if any, shall comply with other occupational safety and health standards as provided for in the 1978 DOLE Occupational Safety and Health Standards, as amended.
• Cost of implementing an OSH program should be separate from costs.
• Secretary of Labor is responsible for the enforcement of OSH Law

Penalties

• Employment of Registration of establishment to DOLE can result in penalties of 20,000.

DOLE Responsibilities

• The Secretary of Labor and Employment shall maintain an updated labor inspection system of computerized gathering and generation of real time data on compliances.
• The DOLE shall be primarily responsible for the administration and enforcement of OSH laws There shall be established an Inter-government Coordination and Cooperation Committee composed of various government Agencies.