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Questions and Answers
What is the additional penalty for an employer who refuses to provide access to records during an investigation?
What is the primary duty of employers under RA 11058?
Workers can be discriminated against for providing information during safety inspections.
True
Workers have the right to refuse unsafe work without fear of retaliation.
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Match the following responsibilities with their appropriate parties:
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Which option describes a Medium Risk Workplace?
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Public sector employees are encompassed under RA 11058's coverage for occupational safety.
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What is one of the responsibilities of employers under the OSH standards?
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Employers, project owners, and contractors are solely responsible for OSH compliance without shared liability.
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Incentives for compliance with OSH standards may include which of the following?
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A lactation station is considered a standard welfare facility for workers.
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What is the primary role of the Joint Coordinating Committee established under the OSH standards?
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Study Notes
Occupational Safety and Health Law
- Joint and Solidary Liability - The employer, project owner, contractor or subcontractor and any person who manages, controls or supervises the work being undertaken shall be jointly and solidarily liable for compliance with the Occupational Safety and Health Standards and corresponding penalties for violations.
- Penalties for Violations - Willful failure or refusal to comply with OSH Standards or compliance orders shall be penalized with not more than P100,000 daily until full compliance; reckoned from the date of issuance of Notice of Results or Compliance Order.
- Repeated Violation - Repeated violation of the same prohibited act shall be penalized of the corresponding fine plus 50% for every instance of repeat violation.
- Exposure to Death, Serious Injury or Serious Illness - When the violation exposes the worker to death, serious injury, or serious illness, the imposable penalty shall be P100,000.
- Additional P100,000 Fine - An additional P100,000 fine will be imposed for refusal to access the workplace, refusal to provide or allow access to records, obstruct the conduct of investigation, misrepresentation, and making retaliatory measures such as termination, refusal to pay, reducing wages and benefits or discrimination against any worker who has given information relative to inspection.
Coverage
- The law covers all private establishments where work is being undertaken, including establishments located inside special economic zones and other investment promotion agencies (e.g., Philippine Economic Zone [PEZA], Clark Development Corporation [CDC]).
- The law covers utilities engaged in air, sea, and land transportation.
- Exemption - The law does not apply to the public sector (national government agencies, government-owned and controlled corporations with original charters, government financial institutions, state universities and colleges, and local government units).
Workers’ Welfare Facilities
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Free Access - All workers shall have free access and use of the following welfare facilities:
- Adequate supply of safe drinking water
- Adequate sanitary and washing facilities
- Suitable living accommodation as may be applicable such as in construction, shipping, fishing, and night workers
- Separate sanitary, washing, and sleeping quarters for all genders, as may be applicable
- Lactation Station
- Ramps, railings, and the like
- Medical Facilities (treatment room/clinic)
- Other workers' welfare facilities as may be prescribed by the OSH Standards and other issuances
Employer's Duties
- Provide a safe and healthy workplace through the following, among others:
- Capacity building of all workers including mandatory trainings
- Provision of information on OSH
- Use of devices/equipment with approved industry standards
- Compliance with all the requirements of the OSH Standards
- Provide appropriate DOLE tested and approved PPEs FREE of charge to the workers.
Workers' Rights
- Know Hazards - To know the different types of hazards in the workplace.
- Training & Orientation - To be provided with training, education, and orientation.
- Refuse Unsafe Work - To refuse unsafe work without threat or reprisal from the employer in cases of imminent danger. Affected workers may be temporarily assigned to other work areas.
- Report Accidents & Dangerous Occurrences - To report accidents and dangerous occurrences to DOLE-ROs and other government agencies in the most convenient way.
- Retaliation Protection - Workers shall be free from retaliation for reporting any accident.
Workplace Classification based on Risks
- Low Risk Workplace - Those with less exposure to safety and health hazards, having low level of danger, with no or less probability to cause an accident, harm, injury or illness.
- Medium Risk Workplace - Those having moderate exposure to safety and health hazards and with probability of an accident, injury or illness if no preventive or control measures are in place.
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Description
Test your knowledge on Occupational Safety and Health Law, focusing on joint and solidary liability, penalties for violations, and the consequences of non-compliance. This quiz covers important standards that employers and supervisors must adhere to for worker safety.
