Occupational Safety & Health Standards (Philippines) PDF

 OCCUPATIONAL SAFETY AND HEALTH STANDARDS (As Amended, 1989) Department of Labor and Employment Philippines  Reprinted with permission from the BUREAU OF WORKING CONDITIONS DEPARTMENT OF LABOR AND EMPLOYMENT Intramuros, Manila P...

 OCCUPATIONAL SAFETY AND HEALTH STANDARDS (As Amended, 1989) Department of Labor and Employment Philippines  Reprinted with permission from the BUREAU OF WORKING CONDITIONS DEPARTMENT OF LABOR AND EMPLOYMENT Intramuros, Manila Published and printed by the OCCUPATIONAL SAFETY AND HEALTH CENTER DEPARTMENT OF LABOR AND EMPLOYMENT Intramuros, Manila February 2005-May 2016  FOREWORD The Occupational Safety and Health Standards was formulated in 1978 in compliance with the constitutional mandate to safeguard the worker’s social and economic well-being as well as his physical safety and health. Adopted through the tested democratic machinery of tripartism, the 1978 Standards is considered as a landmark in Philippine labor and social legislation. The advent of industrialization and the continuing introduction of technological innovations in our country today have, however, correspondingly increased the number and types of occupational hazards that our workers are exposed to. Viewed against this backdrop, it became imperative that the Standards be revised to make it truly responsive to the workers’ needs. Joint efforts exerted by the Bureau of Working Conditions, the ILO Manila Office and the tripartite sectors bore fruit in August 1989 when the revisions were finally approved by the Secretary of Labor and Employment pursuant to his authority under Article 162 of the Labor Code of the Philippines. With the latest improvements in the Standards, all establishments covered will now be provided with a better tool for promoting and maintaining a safe and conducive working environment. I therefore urge all sectors concerned-whether they be in labor, management, government or the academe-to extend their full support to achieve the noble objectives of the Occupational Safety and Health Standards. RUBEN D. TORRES Secretary 03 July 1990  TABLE OF CONTENTS RULE 1000 GENERAL PROVISION 1001 Purpose 1 1002 Definitions 1 1003 Administration and Enforcement 2 1004 Special lnspection, Investigation and Review 3 1005 Duties of Employers, Workers and Other Persons 3 1006 Confidentiality of Trade Secrets 4 RULE 1010 OTHER SAFETY RULES 1011 Promulgation of Rules 5 1012 Special Rules 5 1013 Hazardous Workplaces 7 RULE 1020 REGISTRATION 1021 General Provision 8 1022 Registrable Unit 8 1023 Period of Registration 8 1024 Registration 8 RULE 1030 TRAINING OF PERSONNEL IN OCCUPATIONAL SAFETY AND HEALTH 1031 Training Programs 9 1032 Accreditation 9 1033 Training and Personnel Complement 9 1034.01 Qualifications of a Safety Consultant 10 1034.02 Prohibition in the Practice of Occupational Safety and Health 10 RULE 1040 HEALTH AND SAFETY COMMITTEE 1041 General Requirements 11 1042 Types and Composition of Health and Safety Committee 11 1043 Duties of the Health and Safety Committee 12 1044 Term of Office of Members 13 1045 Duties of Employers 13 1046 Duties of Workers 13 1047 Duties of the Safety Man 14 1048 Other Types of Safety Organizations 14 RULE 1050 NOTIFICATION AND KEEPING OF RECORDS OF ACCIDENTS AND/OR OCCUPATIONAL ILLNESSES 1051 Definitions 15 1052 Special Provision 16 1053 Report Requirements 16 1054 Keeping of Records 17 1055 Evaluation of Disability 17 1056 Measurement of Performance 19 i  RULE 1060 PREMISES OF ESTABLISHMENTS 1060.01 General Provisions 21 1061 Construction and Maintenance 21 1062 Space Requirement 21 1063 Walkway Surface 22 1064 Floor and Wall Opening 22 1065 Stairs 24 1066 Window Openings 25 1067 Fixed Ladders 25 1068 Overhead Walks, Runways and Platforms 26 1069 Yards 26 RULE 1070 OCCUPATIONAL HEALTH AND ENVIRONMENTAL CONTROL 1071 General Provisions 28 1072 Threshold Limit Values for Airborne Contaminants 28 1073 Threshold Limit Values for Airborne Contaminants (Tables) 29 1074 Physical Agents 29 1075 Illumination 30 1076 General Ventilation 32 1077 Working Environment Measurement 33 RULE 1080 PERSONAL PROTECTIVE EQUIPMENT AND DEVICES 1081 General Provision 34 1082 Eye and Face Protection 34 1083 Respiratory Protection 35 1084 Head Protection 36 1085 Hand and Arm Protection 37 1086 Safety Belts. Life Lines and Safety Nets 37 1087 Use of Safety Shoes 38 RULE 1090 HAZARDOUS MATERIALS 1091 Scope 39 1092 Definitions 39 1093 General Rules 39 1094 Hot and Corrosive Substances 43 1095 Storage 44 1096 Use of Lead and Its Compounds 46 RULE 1100 GAS AND ELECTRIC WELDING AND CUTTING OPERATIONS 1100.01 General Provisions 47 1100.02 Personal Protective Equipment 47 1100.03 Welding or Cutting in Confined Spaces 47 RULE 1120 HAZARDOUS WORK PROCESSES 1121 Underground Tank and Similar Confined Space Work 48 ii  RULE 1140 EXPLOSIVES 1141 General Provisions 49 1142 Definitions 49 1143 Authorization 50 1144 Limitation 50 1145 Quantity and Distance Tables 50 1146 Storage of Explosives 51 1147 Records of Disposition of Explosives 57 RULE 1150 MATERIALS HANDLING AND STORAGE 1150.01 General Provisions 60 RULE 1160 BOILER 1161 Definitions 61 1162 General Provisions 61 1163 Power Boilers 63 1164 Heating Boilers 69 1165 Cleaning and Repairs 71 1166 Personal Protective Equipment 72 1167 Color Coding 74 1168 Requirement in the Preparation of Boiler Pressure Vessels Plans 74 RULE 1170 UNFIRED PRESSURE VESSELS 1171 Definitions 77 1172 General Provisions 77 1173 Liquefied Petroleum Gas (LPG) Vessels and other Cylinders 79 1174 Steam Heated Pressure Vessels 81 1175 Closed Steam Heated Pressure Vessels 81 1176 Open Steam Heated Pressure Vessels 85 1177 Water and Air Pressure Tanks 86 1178 Refrigeration Tanks 88 1179 Compressor 89 RULE 1180 INTERNAL COMBUSTION ENGINE 1181 Definitions 91 1182 Inspection 91 1183 Internal Combustion Engine Room/Building 92 1184 Requirements in the Preparation of Internal Combustion Engine Installation Plan 94 1185 Portable/Mobile Internal Combustion Engine 96 RULE 1200 MACHINE GUARDING 1201 Definitions 97 1202 Provisions of Guards 97 1203 Standard Machinery Guards 98 1204 Machine Guard at Point of Operation 101 1205 Transmission Machinery Guarding 101 1206 Woodworking Machinery 104 1207 Guarding Mechanical Power Presses and Foot and Hand Power Presses 106 iii  RULE 1210 ELECTRICAL SAFETY 1211 Philippine Electric Code 108 1212 Electrical Safety Inspection 108 1213 Inspection Fees 110 1214 Requirements in the Preparation of Electrical Plans 110 RULE 1220 ELEVATORS AND RELATED EQUIPMENT 1221 Definitions 112 1222 General Provisions 113 1223 General Requirements 114 1224 Standards Requirements 118 1225 Requirements in the Preparation of Plans 119 RULE 1230 IDENTIFICATION OF PIPING SYSTEM 1230.01 Scope 121 1230.02 Standard Requirements 121 1230.03 Definitions 121 1230.04 Methods of Identification of Contents of Piping Systems 121 1230.05 Visibility 121 1230.06 Location of Stenciled or Lettered Legends 122 1230.07 Type and Size of Letters for Stencils 122 RULE 1240 POWER PIPING LINES 1241 Definitions 123 1242 General Provisions 123 1243 Standard Requirements 123 1244 Construction 123 1245 Non-Destructive Test 124 1246 Hydrostatic Test 124 RULE 1410 CONSTRUCTION SAFETY 1411 Definitions 125 1412 General Provisions 126 1413 Excavation 128 1414 Scaffoldings 130 1415 Construction Equipment 134 1416 Plant and Equipment 138 1417 Demolition 139 1418 Mechanical Demolition 140 1419 Explosives 140 RULE 1420 LOGGING 1421 General Provisions 141 1422 Handtools 141 1423 General Logging Operations 141 1424 Use and Maintenance of Power Saws 142 1425 Logging Engine 143 1426 Logging Engine Operation 143 1427 Tractor Yarding 145 1428 Lines, Blocks, Rigging 146 iv  RULE 1940 FIRE PROTECTION AND CONTROL 1941 General Provisions 147 1942 Definitions 147 1943 Building Construction and Facilities 147 1944 Fire-Fighting Facilities 149 1945 Flammable and Combustible Liquids 151 1946 Combustible Solids 153 1947 Electrical Installation 157 1948 Alarm Systems and Fire Drills 157 RULE 1950 PESTICIDES AND FERTILIZERS 1951 Scope 163 1952 Definitions 163 1953 General Provisions 164 1954 Pesticides 164 1955 Fertilizers 165 1957 Disposal of Unwanted Materials 168 RULE 1960 OCCUPATIONAL HEALTH SERVICES 1961 General Provisions 169 1962 Hazardous Workplace 171 1963 Emergency Health Services 171 1964 Training and Qualifications 174 1965 Duties of Employers 175 1966 Occupational Health Program 177 1967 Physical Examination 178 RULE 1970 FEES 1971 General Provisions 182 1972 Explosives 182 1973 Local Fabrication of Boilers/Pressure Vessels 182 1974 Certificates of Safety Practitioner/Consultants 183 RULE 1980 AUTHORITY OF LOCAL GOVERNMENT 1981 General Provisions 184 1982 Authority to Chartered Cities 184 1983 Authority of Municipalities 186 1984 Authority of Other Government Agencies 186 1985 Application of this Standard of Existing Plans and Authorities 186 1986 Duplication of Inspection 186 RULE 1990 FINAL PROVISION 1991 False Statement or Representation 187 1992 Separability 187 1993 Resolution of Conflicts and Overlapping Jurisdictions 187 1994 Repeal of Prior Safety Orders 1995 187 1995 Penal Provisions 187 1996 Effectivity 187 v  ANNEXES Department Order No. 20 188 Table 3.1 Materials for “U” Guards 190 Table II Standard Colors of Signs for Safety Instructions & Warnings in 190 Building Premises Table 6 Tabulation of Scheduled Charges 192 Table 8 Threshold Limit Values for Airborne Contaminants 193 Table 47 Table of Medicines, Medical Supplies & Facilities 207 Fig. 10 Symbols of Category of Hazards 212 Forms-- IP-3 Application for Registration 214 IP-5 Report on Health and Safety Organization 215 IP-6 Employer’s Work Accident / Illness Report 216 IP-6a Government Safety Engineer’s Accident Investigation Report 218 IP-6b Annual Work Accident / Illness Exposure Data Report 219 47-A Annual Medical Report Form 220 ISD-T4 Application for Boiler / Pressure Vessel Installation 226 ISD-T5 Application for Internal Combustion Engine Installation 227 ISD-T6 Application to Install Elevator / Manlift / Dumbwaiter 228 ISD-T6A Application to Construct Hoistway and Install Gates or Doors 230 ISD-T9 Application for Boiler / Unfired Pressure Vessel Fabrication 232 Application for Electrical Wiring Installation 233 Department Order No. 13 - Guidelines Governing OSH in the Construction Industry 234 Memorandum Circular No. 02, Series of 1998 - Technical Guidelines for Classifying 246 Hazardous and Non-Hazardous Establishments, Workplaces and Work Processes Memorandum Circular No. 01, Series of 2000 - Implementing Guidelines for the 250 Conduct of Workplace Environment Assessment (WEA) in Hazardous Establishments and Work Processes Guidelines in Accomplishing Supplemental Form IF No.5 253 (Workplace Environment Assessment Data) Memorandum Circular No. 02, Series of 2000 - Guidelines in the Application of the 259 Workplace Component of Republic Act No. 8504 otherwise known as the “Philippines AIDS Prevention and Control Act of 1998” and its Implementing Rules and Regulations Department Order No. 16-01 - Series of 2001- Rule 1030 Training and Accreditation 262 of Personnel on Occupational Safety and Health Department Order No. 57-04 - Series of 2004 - Guidelines on the Effective 271 Implementation of Labor Standards Enforcement Department Order No. 38-03 - Series of 2002 - Creating an Inter-Agency Committee 274 on STD / HIV and AIDS in the Workplace Department Order No. 44-03 - Series of 2003 - Commemoration of April 28 as World Day 276 for Safety and Health at Work vi Department Order No. 53-03 - Series of 2003 - Guidelines for the Implementation of Drug- 277 Free Workplace Policies and Programs for the Private Sector Department Order No. 37-03 - Series of 2002 - Creating a Task Force for a Drug-Free Workplace 281 Annex 2 Guidelines for the Implementation of Drug-Free Workplace Policies and Programs 283 Department Order No. 73-05 - Series of 2005 - Guidelines for the Implementation of Policy 285 and Program on Tuberculosis (TB) Prevention and Control in the Workplace Department Order No. 74-05 - Series of 2005 - Rule 1162.02 of Rule 1160 on Boiler of the 294 Occupational Safety and Health Standards Department Circular No. 1 - Series of 2008 - Policy Guidelines Governing the Occupational 297 Safety and Health of Workers in the Call Center Industry Department Circular No. 2 - Series of 2008 - Amending Certain Provisions of the Occupational 300 Safety and Health Standards Joint DTI-DENR-DA-DOF-DOH-DILG-DOLE-DOTC Administrative Order No. 01 Series of 2008- 301 The Adoption and Implementation of the Globally Harmonized System of Classification and Labeling of Chemicals (GHS) Department Circular No. 1 - Series of 2009 - Guidelines on Occupational Safety and Health 315 in the Shipbuilding, Ship Repair and Shipbreaking Industry Department Order No. 102-10 - Series of 2010 - Guidelines for the Implementation of HIV 321 and AIDS Prevention and Control in the Workplace Program Department Advisory No. 05 - Series of 2010 - Guidelines for the Implementation of a Workplace 326 Policy and Program on Hepatitis B Department Order No. 128 - 13 Series of 2013 - Amending Rule 1414 on Scaffoldings of 331 the 1989 Occupational Health and Safety Standards, As Amended Department Order No. 132 - Series of 2013 - Guidelines on Maritime Occupational Safety 350 and Health Department Order No. 134 - Series of 2014 - Guidelines on Occupational Safety and Health 365 (OSH) in the Pyrotechnic Industry Department Order No. 136 - Series of 2014 - Guidelines for the Implementation of Globally 367 Harmonized System (GHS) in Chemical Safety Program in the Workplace Department Advisory No. 01 - Series of 2014 - Occupational Safety and Health Protection 376 Tips for Kasambahays and Employers (OSH Tips) Department Advisory No. 17 - Series of 2015 - Requirements on the Maritime Occupational Safety 388 and Health (MOSH) Training for the Designated Safety and Health Officer Pursuant to Department Order No. 132-13 and Maritime Labour Convention, 2006 Department Advisory No. 03- Series of 2016 - Safety and Health Measures to Prevent 391 and Control Heat Stress in the Workplace Department Order No. 154 - Series of 2016 - Safety and Health Standards on the Use 393 and Management of Asbestos in the Workplace Department Advisory No. 04 - Series of 2016 - Working Conditions in the Movie and Television Industry 398 Department Order No. 160 - Series of 2016 - Guidelines on the Accreditation of Consulting 401 Organizations to Provide Work Environment Measurement (WEM) Services vii  OCCUPATIONAL SAFETY AND HEALTH STANDARDS By virtue of the powers vested in the Department of Labor and Employment under Article 162 of the Labor Code of the Philippines, this Occupational Safety and Health Standards is hereby promulgated for the guidance and compliance of all concerned. This body of standards rules and regulations shall hereafter be referred to as “Standards” RULE 1000 GENERAL PROVISION 1001: Purpose and Scope (1) The objective of this issuance is to protect every workingman against the dangers of injury, sickness or death through safe and healthful working conditions, thereby assuring the conservation of valuable manpower resources and the prevention of loss or damage to lives and properties, consistent with national development goals and with the State’s commitment for the total development of every worker as a complete human being. (2) This Standards shall apply to all places of employment except as otherwise provided in this Standard. 1002: Definitions For purposes of this Standards and except as otherwise indicated, the following shall mean: (1) “Employer” includes any person acting directly or indirectly in the interest of an employer, in relation to an employee, and shall include government-owned or controlled corporations and institutions, as well as non-profit private institutions or organizations. (2) “Employee” shall mean any person hired, permitted or suffered to work by an employer. (3) “Industrial Enterprise” shall mean any workplace, permanent or temporary, including any building or collection of buildings, shed, structure, yard or any other place, where permanently or temporarily one or more persons are employed in any manufacturing of goods or products processing and any other activity similar and incidental thereto. (4) “Agricultural Enterprise” shall include forestry and logging operations, farming in all its branches, and among other things, includes cultivation and tillage of the soil, dairying, the production, cultivation, growing and harvesting of any agricultural and horticultural commodities, the raising of livestock and poultry, and any practice performed by a farmer on a farm as an incident to or in conjunction with such farming operations, but does not include the manufacturing or processing of sugar, coconut, abaca , tobacco, pineapple or other farm products. (5) “Dry Dock” shall include premises where work is performed on shore or on board ships in which ships or vessels are constructed, repaired, refitted, finished or broken up and housed. (6) “Health” shall connote a sound state of the body and mind of the worker, which enables him to perform his job normally, in a state of well-being. (7) “Safe or Safety” shall refer to the physical or environmental conditions of work or employment, which substantially comply with the provisions of this Standards. (8) “Work Accident” shall mean an unplanned or unexpected occurrence that may or may not result in personal injury, property damage, work stoppage or interference or any combination thereof, which arises out of and in the course of employment. (9) “Work Injury” shall mean any injury or occupational illness suffered by a person, which arises out of or in the course of his employment. GENERAL PROVISIONS 1  (10) ”Occupational Illness” shall mean any illness caused by environmental factors, the exposure to which is characterized or peculiar to a particular process, trade or occupation and to which an employee or worker is not ordinarily subjected to or exposed outside of or away from such employment. (11) ”Recognized Hazards” are those which do not require technical or testing devices to detect. (12) ”Workplace” means the office, premises or work site, where the workers are habitually employed and shall include the office or place where the workers, who have no fixed or definite work site, regularly report for assignment in the course of their employment. (13) ”Approved” shall mean acceptable to the Secretary in writing after proper examination showing compliance with prescribed Standards. (14) “Code” shall mean the Labor Code P.D. 442 as amended. (15) “Department” shall mean the Department of Labor and Employment. (16) “Secretary” shall mean the Secretary of Labor and Employment. (17) “Bureau” shall mean the Bureau of Working Conditions. (18) ”Director” shall mean the Director of the Bureau of Working Conditions. (19) ”Standards” shall mean the Occupational Safety and Health Standards. (20) ”Enforcement officer” shall mean the industrial safety engineer, the labor regulation officer, or any duly authorized representatives of the Secretary to enforce this Standards. (21) ”Authorized Representative” shall mean and include chartered cities, municipalities, employees or officials of other government agencies empowered by the Secretary of Labor and Employment to enforce the provisions of this Standards. 1003: Administration and Enforcement 1003.01: Department of Labor and Employment (1) The Department of Labor and Employment shall administer and enforce the provisions of this Standards. (2) Every employer shall give to the Secretary or his duly authorized representative access to its premises and records for the purpose of determining compliance with the provisions of this Standards. (3) Every establishment or place of employment shall be inspected at least once a year to de- termine compliance with the provisions of this Standards. Special inspection visits, however, may be authorized by the Regional Labor Office or as authorized under Rule 1980 of this Standards, to investigate accidents, occupational illnesses or dangerous occurrences, especially those resulting in permanent total disability or death, to conduct surveys of working con- ditions requested by the Bureau for the purpose of evaluating and assessing environmental contaminants and physical conditions or to conduct investigations, inspections or follow-up inspections upon request of an employer, worker or a labor union of the establishment. (4) The enforcement officer shall determine reasonable periods of compliance with recommendations depending on the gravity of the hazards needing corrections or the period needed to come into compliance with the order. 1003.02: Application to Other Places of Employment When a condition of employment in workplaces not specifically covered by this Standards is the subject of complaints, the provision of this Standards shall apply. 2 RULE 1000 1003.03: Application to Transportation Establishments engaged in land, sea and air transportation are not covered except their garages, dry docks, port hangars, maintenance and repair shops. 1003.04: Application to Mines The activities of a lessee regarding safety of mining installations, surface or underground, within the mining claim or lease, including mine safety, mineral conservation and problem of pollution in establishments or workplaces falling under “Mining Industry” as classified by the National Economic and Development Authority are not covered by this Standards. 1003.05 : Application to Chartered Cities and Municipalities The Department of Labor and Employment shall be solely responsible for the administration and enforcement of this Standards in all places of employment except as provided in Rule 1980 of this Standards. 1004 : Special Inspection, Investigation and Review (1) Any worker or representative of workers or any concerned person who believes that a violation of any provision of this Standards threatens physical harm or imposes imminent danger to life, may request an inspection by giving full particulars or details regarding such violation or danger to the Regional Labor Office or duly authorized representative. If upon appraisal of such notification, the Regional Office or its duly authorized representative finds reasonable ground to believe that a violation has really been committed or danger exists, a special inspection or investigation shall be conducted immediately. The complainant shall be notified in writing of the outcome of such investigation or inspection, immediately upon its completion. (2) The Secretary of Labor and Employment on his own initiative or on complaints of the workers, shall review any failure or refusal of the Regional Labor Office or duly authorized representative to order compliance or issue recommendation with respect to such complaint or reported violation. 1005: Duties of Employers, Workers and other Persons (1) Each employer covered by the provisions of this Standards shall: a. furnish his workers a place of employment free from hazardous conditions that are causing or are likely to cause death, illness or physical harm to his workers; b. give complete job safety instructions to all his workers, especially to those enter- ing the job for the first time, including those relating to the familiarization with their work environment, hazards to which the workers are exposed to and steps taken in case of emergency; c. comply with the requirements of this Standards; and d. use only approved devices and equipment in his workplace. GENERAL PROVISIONS 3  (2) Every worker shall cooperate with the employer in carrying out the provisions of this Standards. He shall report to his supervisor any work hazard that may be discovered in his workplace. (3) Every worker shall make proper use of all safeguards and safety devices furnished in accordance with the provisions of this Standards for his protection and that of others, and shall follow all instructions given by the employer in compliance with the provisions of this Standards. (4) It shall be the duty of any person, including any builder or contractor or enforcement agent, who visits, builds, renovates, or installs devices, or conducts business in any establishment or workplace, to comply with the provisions of this Standards and all regulations of the employer issued there under as well as with other subsequent issuances of the Secretary. 1006: Confidentiality of Trade Secrets All information reported to or otherwise obtained by the enforcement officer in connection with any inspection or proceedings under this Standards, which contains or might reveal a trade secret, shall be considered confidential except that such information may be revealed in any proceeding where it is required or necessary. The Secretary, the Regional Director or duly authorized representative, shall issue appropriate orders to protect the confidentiality of trade secrets. 4 RULE 1000  RULE 1010 OTHER SAFETY RULES 1011: Promulgation of Rules Safety and health rules may be promulgated, amended, modified, or revoked in the following manner: (1) The Bureau, on the basis of information submitted in writing by interested parties or on the basis of information available to it, upon determination that a Rule should be promul- gated or amended in order to serve the objectives of the Code, shall draft a proposed Rule. Conformably with the principle of tripartism, the Bureau may ask the advice and assitance of individuals and organizations, private or public agencies, particularly recognized workers’ and employers’ organizations, having special knowledge of the proposal under consideration. (2) The Bureau shall prepare the proposal taking into consideration suggestions and recommendations available. (3) The Director shall forward the proposal to the Secretary for approval. The Secretary shall within thirty (30) days from receipt thereof act on the proposal. If rejected, same shall be returned to the Bureau with his reasons. After a reconsideration of the returned proposal, the Director shall resubmit his proposal in the manner herein outlined. (4) After approval of the proposal by the Secretary, the same shall be published in a newspaper of general circulation and shall take effect fifteen (15) days from the date of publication and shall become part of this Standards. 1012: Special Rules 1012.01: Work Conditions or Practices Not Covered by Standards Any specific rule applicable to a condition, practice, means, methods, operations or processes shall also apply to other similar work situations for which no specific rule has been established. 1012.02: Abatement of Imminent Danger (1) An imminent danger is a condition or practice that could reasonably be expected to cause death or serious physical harm before abatement under the enforcement procedures can be accomplished. (2) When an enforcement officer finds that an imminent danger exists in a workplace, he shall inform the affected employer and workers of the danger and shall recommend to the Regional Director the issuance of an Order for stoppage of operation or other appropriate action for the abatement of the danger. Pending the issuance of the Order the employer shall take appropriate measures to protect the workers. (3) Upon receipt of such recommendation, the Regional Director shall immediately determine whether the danger exists and is of such a nature as to warrant the issuance of a Stoppage Order or other appropriate action to minimize the danger. (4) The Order shall require specific measures that are necessary to avoid, correct or remove such imminent danger and to prohibit the presence of any worker in such location where such danger exists, except those whose presence are necessary to avoid, correct or remove such danger or to maintain a continuous process or operation. Where stoppage of operation is ordered, the Order shall allow such correction, removal or avoidance of danger only where the same can be accomplished in a safe and orderly manner. OTHER SAFETY RULES 5  (5) Immediately after the issuance of a Stoppage Order, the Regional Director shall furnish the Secretary, through the Director, within forty-eight (48) hours a copy of the Order and all pertinent papers relating thereto, together with a detailed description of the work con- ditions sought to be corrected, the safety and health rule violated by the employer, and the corrective measures imposed. The Secretary shall review the Order issued by the Regional Director and within a period of not more than five (5) working days, issue a final Order either lifting or sustaining the Order of the Regional Director. (6) The Order shall remain in effect until danger is removed or corrected. 1012.03 : Suspension of Rules (1) The Secretary may issue to an employer-applicant a temporary order suspending the effectivity date of a Rule or any part of this Standards for the following reasons: a. the unavailability of professional or technical personnel or of materials and equipment needed to comply with the rule; b. necessary construction or alteration of the prescribed facilities cannot be completed on the effectivity date of the rule; c. the employer is participating in experiments or studies approved or conducted by the Bureau designed to demonstrate new techniques to safeguard the safety and health of workers. (2) In such a case, the employer-applicant shall establish: a. the reason why he is applying for a suspension order, specifying the rule or portion he seeks suspension of; b. that he is taking all available and necessary steps to safeguard his workers against the hazards covered by the rule, and that he is prescribing necessary measures, methods, operations and practices which he must adopt and use while the suspension is in effect; c. that he has an effective program for coming into compliance with the rule as quickly as possible, specifying a given date for compliance; d. that he has informed his workers of the application and a copy of the application and reasons thereof have been given to the workers or their duly authorized representative. (3) The application shall be submitted to the Regional Director or duly authorized representative, as the case may be, who after hearing the workers or their duly authorized representative shall evaluate and recommend action to the Secretary, through the Director. He may issue an interim order to be effective until the suspension order is issued by the Secretary. (4) The suspension order, including the interim order, shall prescribe the practices, means, methods, operations, or processes which the employer must use and adopt while the order is in effect and while the program for coming into compliance with the rule is being implemented. (5) The suspension order shall not be in effect longer than the period needed by the employer to come into compliance with the rule, or one year, whichever is shorter, renewable for another year, subject to revocation or shortening of the period by the Secretary, if such is warranted. 6 RULE 1010 1012.04 : Variation Order (1) If there shall be practical difficulty or unnecessary hardship in complying with the re- the requirements of any rule or provision of this Standards, the Secretary, upon the recom- mendation of the Director, may issue an order allowing a variation in complying with such requirements, provided that the purpose of such rule or provision is substantially served and the safety and health of the workers remain ensured. The employer affected by such rule or provision may request in writing the Secretary, thru the Regional Labor Office, to authorize such a variation stating the grounds for the request and the measures to be taken or already being taken. (2) An application for a variation shall contain: a. a specification of the rule or provision or portion thereof from which the employer is seeking a variation. b. an attestation from technically qualified person that the employer is unable to comply with the rule and detailed reasons thereof; c. a detailed statement of the measure he will take or is already taking to protect the workers against the hazards covered by the rule or provision; and d. a certification that the workers have been informed and a copy of the application has been furnished the workers or their duly authorized representative. (3) A variation order shall stipulate the conditions under which the variation is permitted and shall be applicable and effective only to the particular employer and operations covered by the Order. A variation order shall remain in effect until revoked by the Secretary. 1013: Hazardous Workplaces For purposes of this Standards, the following are considered “hazardous workplaces:” a. Where the nature of work exposes the workers to dangerous environmental elements, contaminants or work conditions including ionizing radiation, chemicals, fire, flammable substances, noxious components and the like; b. Where the workers are engaged in construction work, logging, fire fighting, mining, quarrying, blasting, stevedoring, dock work, deep-sea fishing and mechanized farming; c. Where the workers are engaged in the manufacture or handling of explosives and other pyrotechnic products; d. Where the workers use or are exposed to power driven or explosive powder actuated tools; e. Where the workers are exposed to biologic agents such as bacteria, fungi, viruses, protozoas, nematodes, and other parasites. OTHER SAFETY RULES 7  RULE 1020 REGISTRATION 1021: General Provisions Every employer as defined in Rule 1002 (1) shall register his business with the Regional Labor Office or authorized representative having jurisdiction thereof to form part of a databank of all covered establishments. 1022: Registrable Unit The establishment regardless of size of economic activity, whether small, medium or large scale in one single location, shall be one registrable unit. 1023: Period of Registration (1) Existing establishments shall be registered within sixty (60) days after the effectivity of this Standards. (2) New establishments shall register within thirty (30) days before operation. 1024: Registration (1) Registration shall be made in form DOLE-BWC-IP-3 in three copies and to be submitted to the Regional Labor Office or authorized representatives. (2) Registration shall be free of charge and valid for the lifetime of the establishment except when any of the following conditions exists, in which case, re-registration as if it were a new establishment is required: a. change in business name, b. change in location, c. change in ownership, or d. re-opening after previous closing. (3) Registration shall include a layout plan of the place of work floor by floor, in a scale of 1:100 meters white or blue print showing all the physical features of the workplace including storage, exits, aisles, machinery, clinic, emergency devices and location. (4) The registration form may be reprinted or reproduced and the back page may be used for other information. 8 RULE 1020  RULE 1030 TRAINING OF PERSONNEL IN OCCUPATIONAL SAFETY AND HEALTH 1031: Training Programs (1) The Bureau, either directly or through accredited organizations, shall conduct continuing programs to increase the supply and competence of personnel qualified to carry out the provisions of this Standards. (2) The Bureau shall prescribe the required training programs, which shall, in consultation with the UP Institute of Public Health, World Health Organization and other technical societies, contain provisions requiring the incorporation into the training programs of the latest trends, practices and technology in occupational safety and health. 1032: Accreditation The Secretary may issue accreditation or authority to recognized organizations or groups of persons to conduct occupational safety and health training. 1032.01: Criteria for Training (1) A Bureau-prescribed course of study shall be used or followed by accredited organizations. Any deviation from the prescribed training course must be with the previous approval of the Bureau. (2) Provisions for adequate training facilities for the holding of training including laboratory facilities, library, training rooms and equipment. (3) Training staff must be composed of persons recognized by the Bureau, duly trained by and certified to as competent by the Bureau or accredited training organizations. 1032.02: Audit Systems (1) A regular audit shall be done by the Bureau to determine compliance with the above criteria, the system and method of training, and the quality and effectiveness of the training staff. (2) Upon recommendation of the Director, the Secretary may cancel the accreditation if the provisions of this Rule are not complied with. 1033: Training and Personnel Complement (1) The training course prescribed by the Bureau under this rule shall be a requisite for the appointment of the safetyman in place of employment. (2) At least the following number of supervisors or technical personnel shall take the required training and shall be appointed safety man, full time or part-time depending on the number of workers employed, and the type of workplace whether hazardous or non-hazardous under Rule 1013 of this Standards. a. Hazardous Workplace Number of Workers No. of Safety Man 200 and below - One (1) part-time safety man over 200 to 1000 - One (1) full-time safety man for every 1000 workers - - One (1) full-time safety man TRAINING OF PERSONNEL IN OCCUPATIONAL SAFETY AND HEALTH 9  b. Non-hazardous Workplace Number of Workers No. of Safety Man less than I 000 - One (1) part-time safety man for every I 000 - One (1) full-time safety man (3) Duties of the Safety Man: The duties of the safetyman are specified under Rule 1040 of this Standards. A part-time safetyman shall be allotted at least four (4) hours per week to perform the duties as safetyman. (4) The employment of a full-time safety man may not be required if the employer enters into a written contract with a qualified consultant or consulting organization whose duties and responsibilities shall include the following, among others: a. to assist, advise or guide the employer in complying with the provisions of this Standards, including the development of health and safety programs; b. to make at least a quarterly appraisal of programs and safety performance of the establishment, including the activities of the safety committee; c. to be present during scheduled safety inspection by authorized government agents, and during regular safety committee meetings; and d. in the performance of these activities, to be in the establishment at least six (6) hours a week. The employment of a consultant, however, will not excuse the employer from the required training of his supervisors or technical personnel. 1034.01: Qualifications of a Safety Consultant (1) A qualified safety consultant shall mean one who has been a safety and health practitioner for at least five (5) years and has taken the necessary training prescribed by the Bureau. (2) Safety practitioners with at least ten (1 0) years of experience in all fields of occupational safety and health may not be required to undergo the required training provided they secure from the Bureau a certification attesting to their competence to qualify as consultants. (3) All safety consultants or consulting organizations, shall be accredited by the Bureau, and registered with the Regional Office concerned. 1034.02: Prohibition in the Practice of Occupational Safety and Health No person or organization may be allowed, hired or otherwise employed in the practice of occupational safety and health unless the requirements of this Rule are complied with. 10 RULE 1030  RULE 1040 HEALTH AND SAFETY COMMITTEE 1041: General Requirements In every place of employment, a health and safety committee shall be organized within sixty (60) days after this Standards takes effect and for new establishments within one (1) month from the date the business starts operating. In both cases the Committee shall reorganize every January of the following year. 1042: Types and Composition of Health and Safety Committee 1042.01: Type A In every workplace having a total of over four hundred (400) workers the following shall compose the Health and Safety Committee: Chairman - The manager or his authorized representative who must be a top operating official. Members - Two department heads - Four workers (must be union members, if organized) - The company physician Secretary - The safety man 1042.02: Type B In every workplace having a total of over two hundred (200) to four hundred (400) workers, the following shall compose the Health and Safety Committee: Chairman - The manager or his authorized representative who must be a top operating official. Members - One supervisor, Three workers (must be union members, if organized) - The company physician or the company nurse Secretary - The safetyman 1042.03: Type C In every workplace with one hundred (100) to two hundred (200) workers, the following shall compose the Health and Safety Committee: Chairman - Manager or his authorized representative Members - One foreman - Three workers (must be union members, if organized) - The nurse Secretary - The part-time safetyman 1042.04: Type D In every workplace with less than one hundred (100) workers, the following shall compose the Health and Safety Committee: HEALTH AND SAFETY COMMITTEE 11  Chairman - Manager Members - One foreman - Three workers (must be union members, if organized) - The nurse/first-aider Secretary - The part-time safety man In this workplace, the line type as defined in 1048.01 may be organized. 1042.05: Type E: Joint Committee When two or more establishments are housed under one building, the health and safety committee organized in each workplace shall form themselves into a Joint Coordinating Committee to plan and implement programs and activities concerning all the establishments. The Joint Coordinating Committee shall be composed of the following: Chairman - The chairman of the establishment committee Members - Two supervisors from two different establishments - Two workers from two different establishments (union members, if organized) Secretary - Appointed by the Chairman (in high rise, the Secretary shall be the building administrator) 1042.06: Membership of Committee The membership as provided is the minimum requirement and nothing shall prohibit increases in the number of members as may be found necessary. Where the workers are not organized, they shall be selected by a simple majority of votes of the workers. 1043: Duties of the Health and Safety Committee 1043.01: Health and Safety Committee The Health and Safety Committee is the planning and policymaking group in all matters pertaining to safety and health. The principal duties of the Health and Safety Committee are: (1) Plans and develops accident prevention programs for the establishment. (2) Directs the accident prevention efforts of the establishment in accordance with the safety programs safety performance and government regulations in order to prevent accidents from occurring in the workplace. (3) Conducts safety meetings at least once a month. (4) Reviews reports of inspection, accident investigations and implementation of program. (5) Submits reports to the manager on its meetings and activities. (6) Provides necessary assistance to government inspecting authorities in the proper conduct of their activities such as the enforcement of the provisions of this Standards. (7) Initiates and supervises safety training for employees. 12 RULE 1040  (8) Develops and maintains a disaster contingency plan and organizes such emergency service units as may be necessary to handle disaster situations pursuant to the emergency preparedness manual for establishments of the Office of Civil Defense. 1044: Term of Office of Members 1044.01: Health and Safety Committee In order to provide an opportunity for other workers to become member and participate in safety program planning, a periodic change in membership is encouraged. For this purpose, the term of office of the department head in the committee may be one (1) year. The term of office of the worker members in Type A and Type B may be for two (2) years each; in Type C, D and E Committees, may all be one (1) year. The chairman, physician or nurse and the safety man shall be permanent members of the committee. 1044.02: Joint Committee The term of Office of the Chairman and the Members shall be one (1) year. Membership in the Joint Committee shall be rotated among members of the health and safety committees in other establishments. 1045: Duties of the Employers Health and Safety committees play very important roles in eliminating work hazards. Developing workers’ interest and participation in the planning and development of safety program is the responsibility of the employer. The employer must exercise the necessary leadership and provide support to make the program work. The principal duties of the employer are: (1) Establishes and adopts in writing administrative policies on safety in conformity with the provisions of this Standards outlining therein his responsibility and authority delegated. (2) Reports to the enforcing authority in two (2) copies of the policies adopted and the health and safety organization established to carry out the program on safety and health within one month after the organization or reorganization of the health and safety committee. (3) Reports to the enforcing authority having jurisdiction at least once in every three (3) months, counting from January, the health and safety program of the organization out- lining the activities undertaken including its safety performance, health and safety com- mittee meetings and its recommendations and measures taken to implement such recom- mendations. (4) Acts on recommended measures by the health and safety committee by adopting the elements of the health and safety program in the production process or workplace and in case of non-adoption of the Health and Safety Committee’s recommendation, to inform the committee of his reasons. 1046: Duties of the Workers (1) Works in accordance with accepted safety practices and standards established by the employer in compliance with the provisions of this Standards. (2) Reports unsafe conditions and practices to the supervisor by making suggestions for correction or removal of accident hazards. (3) Serves as members of the Health and Safety Committee. (4) Cooperates actively with the Health and Safety Committee. (5) Assists government agencies in the conduct of health and safety inspection or other programs. HEALTH AND SAFETY COMMITTEE 13  1047: Duties of the Safety Man The principal function of the Safety Man is to act as the employers’ principal assistant and consultant in the application of programs to remove the hazards from the workplace and to correct unsafe work practices. For this purpose, the Safety Man has the following duties: (1) Serves as Secretary to the Health and Safety Committee. As such, he shall: a. prepare minutes of meetings; b. report status of recommendations made; c. notify members of the meetings; and d. submit to the employer a report of the activities of the committee, including recommendations made. (2) Acts in an advisory capacity on all matters pertaining to health and safety for the guidance of the employer and the workers. (3) Conducts investigation of accidents as member of the Health and Safety Committee and submits his separate report and analysis of accidents to the employer. (4) Coordinates all health and safety training programs for the employees and employer. (5) Conducts health and safety inspection as member of the committee. (6) Maintains or helps in the maintenance of an efficient accident record system and coordinates actions taken by supervisors to eliminate accident causes. (7) Provides assistance to government agencies in the conduct of safety and health inspection, accident investigation or any other related programs. (8) For purposes of effectiveness in a workplace where full-time safety man is required, he shall report directly to the employer. 1048: Other Types of Health and Safety Organizations Subject to the approval of the Secretary or his duly authorized representative, the employer may establish in his place of employment the line or staff type of organization. 1048.01: Line Type A form of organization where the general manager or head of the establishment directs the health and safety programs and assumes overall responsibility for the safety in the establishment. He in turn delegates the application of health and safety programs to plant personnel occupying line positions. 1048.02: Staff Type Staff safety organization or safety engineer type consists of a line organization with specialized personnel employed to advise and assist management in all matters of safety. Said personnel are responsible to the top executive exercising staff functions, serve all departments in an advisory capacity and supervise the application of the health and safety program in the workplace. 14 RULE 1040  RULE 1050 NOTIFICATION AND KEEPING OF RECORDS OF ACCIDENTS AND/OR OCCUPATIONAL ILLNESSES 1051: Definitions For the purpose of this Rule, the following terms are hereby defined: (1) “Medical Treatment Injury” shall mean an injury which does not result in a disabling injury but which requires first aid and medical treatment of any kind. (2) ‘Disabling Injury” shall mean a work injury which results in death, permanent total disability, permanent partial disability or temporary total disability. (3) “Death” shall mean any fatality resulting from a work injury regardless of the time intervening between injury and death. (4) “Permanent Total Disability” shall mean any injury or sickness other than death which permanently and totally incapacitates an employee from engaging in any gainful occupation or which results in the loss or the complete loss of use of any of the following in one accident: a. both eyes; b. one eye and one hand, or arm, or leg or foot; c. any two of the following not in the same limb, hand, arm, foot, leg; d. permanent complete paralysis of two limbs; e. brain injury resulting in incurable imbecility or insanity. (5) “Permanent Partial Disability” shall mean any injury other than death or permanent total disability, which results in the loss or loss of use of any member or part of a member of the body regardless of any pre-existing disability of the injured member or impaired body function. (6) “Temporary Total Disability” shall mean any injury or illness which does not result in death or permanent total or permanent partial disability but which results in disability from work for a day or more. (7) “Regularly Established Job” shall mean the occupation or job description of the activities performed by an employee at the time of the accident and shall not mean one which has been established especially to accommodate an injured employee, either for therapeutic reason or to avoid counting the case as disability. (8) “Day of Disability” shall mean any day in which an employee is unable, because of injury or illness, to perform effectively throughout a full shift the essential functions of a regu- larly established job which is open and available to him. (9) “Total Days Lost” shall mean the combined total, for all injuries or illnesses of: a. all days of disability resulting from temporary total injuries or illnesses; and/or b. all scheduled charges assigned to fatal, permanent total and permanent partial injuries or illnesses. (10) “Scheduled Charges” shall mean the specific charge (in full days) assigned to a permanent partial, permanent total, or fatal injury or illness (See Table 6, Tabulation of Scheduled Charges). NOTIFICATION AND KEEPING OF RECORDS 15  (11) “Employee” for the purpose of counting injuries or illnesses or calculating exposures shall be as defined in Rule 1002 (2) and shall include working owners and officers. (12) “Exposure” shall mean the total number of employee-hours worked by all employees of the reporting establishment or unit. (13) “Disabling Injury Frequency Rate” is the number of disabling injuries per 1,000,000 employee-hours of exposure rounded to the nearest two (2) decimal places. (14) “Disabling Injury Severity Rate” is the number of days lost per 1,000,000 employees-hours of exposure rounded to the nearest whole number. 1052: Special Provision 1052.01 Reports made by the employer shall be exclusively for the information of the Regional Labor Office or duly authorized representative in securing data to be used in connection with the performance of its accident and illness prevention duties and activities and is a requirement distinct from that of the Employee’s Compensation Commission or any other law. These reports shall not be admissible as evidence in any action or judicial proceedings in respect to such injury, fitness or death on account of which report is made and shall not be made public or subject to public inspection except for prosecution for violations under this Rule. 1052.02: The definitions and standard used here are independent of those established by the Employee’s Compensation Commission. 1053: Report Requirements 1053.01: (1) All work accidents or occupational illnesses in places of employment, resulting in disabling condition or dangerous occurrence as defined in 1053.2 shall be reported by the employer to the Regional Labor Office or duly authorized representative in duplicate and a copy furnished the employee or his duly authorized representative using form DOLE/BWC/HSD -IP-6. The formal report shall be submitted by the employer on or before the 20th day of the month following the date of occurrence of the accident or when the illness, is established and an investigation report in the prescribed form shall be submitted by the Regional Office or duly authorized representative on or before the 30th day of the same month. In case of temporary total disability where the injured or ill employee has not reported back to duty on the closing date of reporting, an estimate of the probable days of disability shall be made and entered in the report and corrected after the return of the injured. In all computations , this estimate shall be used. After the return of the injured, the corrected days of absence shall be used. (2) Where the accident or fitness results in death or permanent total disability, the employer, in addition to the written report required under sub-paragraph (1) above, shall initially notify the Regional Labor Office or duly authorized representative within twenty four (24) hours after occurrence using the fastest available means of communication. (3) All deaths and permanent total disabilities shall be investigated by the Regional Office or duly authorized representative within forty eight (48) hours after receipt of the initial report of the employer, prepared in duplicate using the prescribed form DOLE/ BWC/OHSD-IP-6a. 16 RULE 1050 1053.02: (1) Any dangerous occurrence as specified in sub-paragraph (2) hereunder, which may or may not cause serious bodily harm to workers employed or seriously damage the premises of employment shall be investigated and reported by the employer upon occurrence to the Regional Labor Office or duly authorized representative having jurisdiction in duplicate using the prescribed form DOLE/BWC/HSD-IP-6. (2) The following are dangerous occurrences, which shall be investigated and reported: a. Explosion of boilers used for heating or power. b. Explosion of a receiver or storage container, with pressure greater than atmospheric, of any gas or gases (including air) or any liquid resulting from the compression of such gases or liquid. c. Bursting of a revolving wheel, grinder stone or grinding wheel operated by mechanical power. d. Collapse of a crane, derrick, winch, hoist or other appliances used in raising or lowering persons or goods or any part thereof, the overturning of a crane, except the breakage of chain or rope sling. e. Explosion or fire causing damage to the structure of any room or place in which persons are employed or to any machine contained therein resulting in the complete suspension of ordinary work in such room or place, or stoppage of machinery or plant for not less than twenty four (24) hours, and f. Electrical short circuit or failure of electrical machinery, plant or apparatus, attend- ed by explosion or fire causing structural damage thereto and involving its stop- page and misuse for not less than 24 hours. 1054: Keeping of Records (1) The employer shall maintain and keep an accident or illness record which shall be open at all times for inspection to authorized personnel containing the following minimum data: a. Date of accident or illness; b. Name of injured or ill employee, sex and age; c. Occupation of injured or ill employee at the time of accident or illness; d. Assigned causes of accident or illness; e. Extent and nature of disability; f. Period of disability (actual and/or charged); g. Whether accident involved damaged to materials, equipment or machinery, kind and extent of damage, including estimated or actual cost; and h. Record of initial notice and/or report to the Regional Labor Office or authorized representative. (2) The employer shall accomplish an Annual Work Accident/Illness Exposure Data Report in duplicate using the prescribed form DOLE/BWC/HSD-IP-6b, which shall be submitted to the Bureau copy furnished the Regional Labor Office or duly authorized representative having jurisdiction on or before the 30th day of the month following the end of each calendar year. 1055: Evaluation of Disability 1055.01: Charges (1) Death resulting from accident shall be assigned at time charge of 6,000 days. NOTIFICATION AND KEEPING OF RECORDS 17  (2) Permanent total disability resulting from work accident shall be assigned a time charge of 6,000 days. (3) Permanent Partial disability either traumatic or surgical, resulting from work accident shall be assigned the time charge as provided in Table 6 on Time Charges. These charges shall be used whether the actual number of days lost is greater or less than the scheduled charges or even if no actual days are lost at all. (4) For each finger or toe, use only one charge for the highest valued bone involved. For computations of more than one finger or toe, total the separate charges for each finger or toe. (5) Charges due to permanent impairment of functions shall be a percentage of the scheduled charges corresponding to the percentage of permanent reduction of functions of the member or part involved as determined by the physician authorized by the employer to treat the injury or illness. (6) Loss of hearing is considered a permanent partial disability only in the event of industrial impairment of hearing from traumatic injury, industrial noise exposure or occupational illness. (7) The charge due to permanent impairment of vision shall be a percentage of the scheduled charge corresponding to the percentage of permanent impairment of vision as determined by the physician authorized by the employer to treat the injury or illness. (8) For permanent impairment affecting more than one part of the body, the total charge shall be the sum of the scheduled charges for the individual body parts. If the total exceeds 6,000 days, the charge shall be 6,000 days. (9) Where an employee suffers from both permanent partial disability and a temporary total disability in one accident, the greater days lost shall be used and shall determine the injury classification. (10) The charge for any permanent partial disability other than those identified in the schedule of time charges shall be a percentage of 6,000 days as determined by the physician authorized by the employer to treat the injury or illness. (11) The charge for a temporary total disability shall be the total number of calendar days of disability resulting from the injury or fitness as defined in Rule (8), provided that: a. The day of injury or illness and the day on which the employee was able to return to full-time employment shall not be counted as days of disability but all intervening period or calendar days subsequent to the day of injury or illness shall be counted as days of disability; b. Time lost on a work day or on a non-workday subsequent to the day of injury or illness ascribed solely to the unavailability of medical attention or necessary diagnostic aids shall be considered disability time, unless in the opinion of the physician authorized to treat the injured or ill employee, the person will be able to work on work on all those days subsequent to the day of the injury; c. If the physician, authorized by the employer to treat the injured or ill employee, is of the opinion that the employee is actually capable of working a full normal shift of a regularly established job but has prescribed certain therapeutic treatments, the employee may be excused from work for such treatments without counting the excused time as disability time. 18 RULE 1050  d. If the physician, authorized by the employer to treat the injure or ill employee, is of the opinion that the employee was actually capable of working a full normal shift of a regularly established job, but because of transportation problems asso- ciated with his injury, the employee arrives late at his place of work or leaves the workplace before the established quitting time, such lost time may be excused and not counted as disability time. However, the excused time shall not materially reduce his working time, and that it is clearly evident that his failure to work the full shift hours was the result of a valid transportation problem and not a deviation from the “regularly established job”. e. If the injured or ill employee receives medical treatment for his injury, the determination of the nature of his injury and his ability to work shall rest with the physician authorized by the employer to treat the injured or ill employee. If the employee rejects medical attention offered by the employer, the determination may be made by the employer based upon the best information available to him if the employer fails to provide medical attention, the employee’s determination shall be controlling. 1056 : Measurement of Performance: 1056.01: Exposure to Industrial Injuries: Exposure to work injuries shall be measured by the total number of hours of employment of all employers in each establishment or reporting unit. The exposure of a central administrative office or central sales office of a multi-establisment-concem shall not be included in the experience of any one establishment, nor prorated among the establishments, but shall be included in the over-all experience of the multiestablishment. 1056.02: Determination of Employee-Hours of Exposure: Employee-hours of exposure for calculating work injury rates are intended to be actual hours worked. When actual hours are not available, estimated hours may be used. Employee-hours shall be calculated as follows: (1) Actual Exposure Hours - Employee hours of exposure shall be, if possible, taken from the payroll or time clock records and shall include only the actual straight time hours worked and actual overtime hours worked. (2) Estimated Exposure Hours - When actual employee - hours of exposure are not available estimated hours may be used. Such estimated hours should be obtained by multiplying the total employee days worked for the period by the average number of hours worked per day. If the hours worked per day vary among departments, a separate estimate should be made for each department, and these estimates added to obtain the total hours. Estimates for overtime hours shall be included. If the employee-hours are estimated, indicate the basis on which estimates are made. (3) Hours not Worked - Employee - hours paid for but not worked, either actual or estimated, such as time taken for vacation, sickness, barangay duty, court duty, holidays, funerals, etc., shall not be included in the total hours worked. The final figure shall represent as nearly as possible hours actually worked. (4) Employee Living in Company-Property - In calculating hours of exposure for employees living in company property, only those hours during which employees were actually on duty shall be counted. NOTIFICATION AND KEEPING OF RECORDS 19  (5) Employee with Undefined Hours of Work - Traveling salesmen, executives and others whose working hours are defined, an average eight hours day shall be assumed in computing exposure hours. (6) All stand-by hours of employees, including seamen aboard vessels, who are restricted to the confines of the employer’s premises, shall be counted as well as all work injuries occurring during such hours. 1056.03 : Measures of Injury/Illnesses Experience (1) Disabling Injury /Illnesses Frequency Rates - The disabling injury/illness frequency rate is based upon the total number of deaths, permanent total, permanent partial, and temporary total disabilities which occur during the period covered by the rate. The rate relates those injuries/illnesses to the employee hours worked during the period and expresses the num- ber of such injuries/illnesses in terms of a million man-hour unit by the use of the formula: Disabling Injury/Illness Number of Disabling Injury/Illness x 1,000,000 Frequency Rate (FR) = Employees-hours of exposure The frequency rate shall be rounded to the nearest two decimal places. (2) Disabling Injury / Illness Severity Rate - The disabling injury / illness severity rate is based on the total of all scheduled charges for all deaths, permanent total and permanent partial disabilities, plus the total actual days of the disabilities of all temporary total disabilities which occur during the period covered by the rate. The rate relates these days to the total employee-hours worked during the period and expresses the loss in terms of million man- hour unit by the use of the formula. Disabling Injury /Illness total days lost x 1,000,000 Severity Rate (SR) = employee-hours of exposure The severity rate shall be rounded to the nearest whole number. (3) Average Days Charged per Disabling Injury - The average days charged per disabling injury/illness expresses the relationship between the total days charged and the number of disabling injuries/Illness. The average may be calculated by the use of the formula: Average days charged per Total Days Lost Disabling injury/illness = total number of disabling injuries/illnesses or Average days charge per injury severity rate Disabling injury/illness = injury/illness frequency rate 20 RULE 1050  RULE 1060 PREMISES OF ESTABLISHMENTS 1060.01: General Provisions (1) Building premises shall have adequate fire, emergency or danger sign and safety instructions of standard colors and sizes visible at all times, in accordance with table II, “Standard colors of signs for safety instruction and warnings in building premises”. (Appendix) (2) Other visible signs that may be needed to direct the driver of motorized vehicle such as STOP, YIELD, and DO NOT ENTER, properly positioned within the compound of the establishment shall be used to increase safety especially during the night. (3) Handicapped employees should be restricted only to designated workplaces. As far as practicable and feasible they should be provided with facilities for safe and convenient movement with the establishment. (4) Good housekeeping shall be maintained at all times through cleanliness of building, yards, machines, equipment, regular waste disposal, and orderly arrangement of processes, operations, storage and filing of materials. (5) Personal Facilities : Adequate comfort rooms and lavatories separate for male and female workers; Adequate dressing rooms for female workers and locker rooms for male workers shall be provided, in accordance with article 132, Chapter 1, Title 111 Book 111 of the Labor Code of the Philippines. The number of comfort facilities for a given number of workers shall conform with the requirement of the Department of Health. 1061: Construction and Maintenance (1) All buildings, permanent or temporary shall be structurally safe and sound to prevent their collapse. (2) Roof shall be of sufficient strength to withstand normal load, typhoons and strong winds in addition to normal weather conditions and where required to carry suspended loads. (3) Foundations and floors shall be of sufficient strength to sustain safely the loads for which they are designed and under no condition shall they be overloaded. (4) Plans for proposed new construction and alterations or substantial repairs of buildings shall be submitted to the Building Official for examination and approval. 1062 : Space Requirement (1) Workrooms shall be at least 2.7 meters (8 ft. 10 in.) in height from the floor to the ceiling. Where the rooms are air-conditioned and the process allows free movement; existing heights of not less than 2.4 meters (7 ft. I 0 in.) may be allowed. (2) The maximum number of persons employed in a workroom area shall not exceed one person per 11.5 cubic meters (400 cu. ft.). In calculating the area, no deductions shall be made for benches or other furniture, machinery. or materials but heights exceeding 3 meters (9 ft.-10 in.) shall not be included. (3) Adequate spaces shall be provided between machinery or equipment to allow normal operation, maintenance or repair and free flow of materials under process or in finished form. Passageways between machinery or equipment shall not be less than 60 cm. (24 in.) PREMISES OF ESTABLISHMENTS 21  1063 : Walkway Surface 1063.01 : Stumbling Hazards (1) The parts of floors over which any person is liable to walk shall be sufficiently even to afford safe walking and safe trucking of materials. (2) Such parts of floors shall be free from holes and splinters, improperly fitted gutters or conduits, protruding nails and bolts, projecting valves or pipes, or other projections or obstructions which create stumbling hazards. 1063.02 : Slipping Hazards (1) Floors, stair-treads and landings shall not be slippery under any condition, or made of any material which will become slippery through wear. (2) Stairways, ramps, elevator platforms and similar places where slipping may be especially hazardous shall be provided with non-slip walkway surface. 1064: Floor and Wall Opening 1064.01: Ladderway Opening Ladderway floor openings shall be guarded on all exposed sides, except at the entrance to the opening, by permanent railings and toeboards. The passage through the railings shall be provided with a barrier or gate so arranged that a person cannot walk directly through the opening. 1064.02 : Stairway Openings (1) Stairway floor opening shall be guarded on all exposed sides by permanent railings and toe- boards, except the entrance to the stairway. (2) For infrequently used stairways where traffic across the openings prevents the use of per- manent railings, the guards shall consist of flush-hinged covers of adequate strength equipped with railings attached thereto so as to leave only one side exposed when the covers are open. When the openings are not in use, the covers shall be closed or the exposed sides guarded. (3) Hatchway, chute, pit and trap door openings shall be guarded by: a. Removable railings with toeboards on not more than two sides and permanent railings with toeboards on all other exposed sides, or b. Flush-hinged covers as prescribed for stairway floor openings. 1064.03 : Manholes and Other Openings: (1) Manhole floor openings shall be guarded by manhole covers of adequate strength, which need not be hinged. (2) Other floor openings into which persons can accidentally walk shall be guarded either by permanent railings and toeboards on all exposed sides or by hinged-floor opening covers of adequate strength. (3) When covers for type (1) or (2) above are not in place, the opening shall be constantly attended to by someone or protected by portable enclosing railings. (4) Floor openings into which persons cannot accidentally walk on account of fixed machinery, equipment or wall, shall be guarded by covers having no openings more than 2.5 cm. (1in.) in width securely held in place. 22 RULE 1060  (5) All wall openings less than I meter (3.3 ft.) from the floor, having a height of at least 75- cm (30 in.) and a width of at least 45 cm. (18 in.) from which there is a drop of more than two (2) meters (6.6 ft.) shall be solidly enclosed or guarded by barriers capable of with- standing a load of at least 100 kgs. (220 lbs.) applied in any direction at any point of the top rail or corresponding members except vertically upward. (6) All other wall openings, irrespective of their width shall, if their lower edge is either 8 cm. (3.2 in.) or less above floor level on the rear side and 2 meters (6.6 ft.) or more above ground or floor level on the far side, be guarded by: a. A toeboard across the bottom of the opening, or b. An enclosing screen either solid or of grills or slat work with openings not more than 2.5 cm. (1 in.) in width capable of withstanding a load of at least 50 kgs. (100 lbs.) applied horizontally at any point. 1064.04: Construction of Railings: (1) All railings shall be permanently constructed of wood, pipe, structural metal or other material of sufficient strength. (2) Standard railings shall be at least 1 meter (3.3 ft.) from the floor level to the upper surface of the top rail. (3) Standard railings shall have posts not more than 2 meters (6.6 ft.) apart and an intermediate rail halfway between the top rail and the floor. (4) The dimensions of railings and posts anchorage and framing of members shall be such that the completed structure shall be capable of withstanding a load of at least 100 kgs. (220 lbs.) applied from any direction to any point of the top rail. (5) Railings of the following types of construction shall be deemed to satisfy tests requirements. a. for wood railings - top rails and posts of at least 5 cm. x I 0 cm. (2 in. x 4 in.) stock and intermediate rails of at least 5 cm. x 5 cm. (2 in. x 2 in.) or by 2 cm. x 10 cm. (1 in. x 4 in.) stock, all such railings shall be smooth and free from large or loose knots, protruding nails or bolts, splinters, fins, slivers, or cracks. b. for pipe railings - top rails and posts of metal pipes of at least 30 mm. (1 in.) diameter. c. for structural metal railings - top rails and posts of angle iron of at least 38 mm. x 38 mm. x 5 mm. (1.5 in. x 1.5 in. x 0.2 in.) and intermediate rails of angle iron of at least 32 mm. x 32 mm. x 3 mm. (13 in. x 1.3 in. x 0.1 2 in.). (6) Railings shall be of sound materials free from defects and all sharp corners rounded and smoothed. 1064.05: Construction of Toeboards: (1) Toeboards shall be at least 15 cm. (6 in.) in height (2) Toeboards may be made of wood, iron, steel or other equivalent material. (3) Toeboards shall be securely fastened in place, with not more than 6 mm. (0.3 in.) clearance above the floor level. PREMISES OF ESTABLISHMENTS 23  1065: Stairs 1065.01: Strength All stairs, platform, and landings shall be of sufficient strength to sustain safely a liveload of not less than 490 kg/m2 (100 lbs/ft2) with a factor of safety of four (4). 1065.02: Width Stairs, except service stairs, i.e., stairs giving access to oiling platforms, shall not be less than 1.10 meters (3 ft. 7 in.) in width, clear of all obstructions, except handrails, and shall in no case be less than 90 cm. (35 in.) without the handrails. 1065.03: Pitch (1) Except for service stairs, the pitch of stairways be between 300 to 380 from the horizontal but shall not be less than 200 or more than 450. (2) Where the pitch is less than 200, a ramp shall be installed, and where it is more than 450, fixed ladder shall be provided. 1065.04: Height No stairway shall have a height of more than 3.6 meters (12 ft) between landings. 1065.05: Headroom Headroom shall be provided at all points in the stair well. ‘The vertical clearance shall not be less than 2.0 meters (6 ft. 7 in.) from the top of the tread in line with the face of the riser. 1065.06: Treads and Risers (1) Except for the service stairs, treads shall not be less than 25cm. (9in.) in width exclusive of nosing and projections, and the riser shall not be more than 20 cm. (8 in.) and not less than that provided in 1065.03 (1) (2) There shall be no variation in the width of the treads and the height of the risers in any flight. The top and bottom of any flight of stairs shall be clearly distinguished. 1065.07: Railings (1) All stairs having four or more risers shall be equipped with stair railings on any open side. (2) Enclosed stairways less than 1.1 2 meters (3 ft. - 8 in.) width shall be equipped with at least one handrail preferably on the right side descending. (3) Stairways 1.12 meters (3 ft. - 8 in.) more in width shall be equipped with one stair railing on each open side and one handrail on each enclosed side. (4) Stairs railings shall be constructed in a permanent and sufficient manner of wood, pipe pipe, structural metal or other materials of adequate strength. (5) The height of the stair railings from the upper surface of the top rail to the surface of the tread in line with the face of the riser at the forward edge of the tread shall not be more than 90 cm. (35 in.) or less than 80 cm (31 in.). 24 RULE 1060  (6) Handrails shall be continuous throughout a flight of stairs and at landings without obstruction other than those intended to prevent persons from sliding. (7) If made of wood, handrails shall be at least 5 cm. x 5 cm. (2 in. x 2 in.) in cross section, and if of metal pipe, at least 2.54 cm. (1 in.) and not more than 6.75 cm. (2 1/2 in.) in diameter. (8) Handrails is mounted directly on walls or partitions shall be fixed by means of brackets attached to the lower side of the rail so as not to interfere with the smoothness of the top and side surface of the rails. (9) Brackets shall be spaced not more than 2 meters (6 ft. - 6 in.) apart and shall be of sufficient length to provide a clearance of at least 4 cm. (1.5 in.) between the rails and the wall or any obstruction on the wall. (10) The completed structure shall be capable of withstanding a load of at least 100 kgs. (220 lbs.) applied in any direction at any point of the trail. (11) The clear width of service stairs, such as stairs in engine and boiler rooms or of stairs leading to service platforms around machinery, shall be at least 56 cm. (22 in.). (12) The pitch of service stairs shall not be more than 600 and the width of the treads shall not be less than 15 cm. (6 in.). (13) Ramps used by persons for ascent or descent form one level to another shall be limited to a rise of not more than I in 10 and shall conform to all construction requirements applying to stairways. (14) Ramps subjected to heavy stresses from trucking or handling materials shall be provided with additional strength by the use of heavier stock, closer spacing of posts bracing or otherwise designed with a factor of safety of four (4). 1066: Window Openings Window openings at stair landings, where the opening is more than 30 cm. (1 2 in.) in width and the sill is less than 1 m. 90 cm. (6 ft.) above the landing, shall be guarded securely by bars, slats, or grills to prevent persons from falling through. 1067: Fixed Ladders (1) All metal parts of fittings of ladders shall be made of steel, wrought iron, malleable cast iron or other materials of equivalent strength. (2) Fixed ladders shall be installed in the following manner. a. the perpendicular distance from the center line of the rungs to the nearest fixed object on the climbing side of the ladder is at least 90 cm. (35 in.) for a pitch of 750 and 75 cm. (30 in.) for a pitch of 900. b. The distance from the back of the rungs to the nearest fixed object is at least 15 cm