Module 6 Authority of Local Government PDF

CEM 304-CE41S4 - CONSTRUCTION OCCUPATIONAL SAFETY AND HEALTH (COSH) MODULE 6: AUTHORITY OF LOCAL GOVERNMENT BALANE-BALZA-DELA CRUZ-JAVINIAR-PAULMITAN  RULE 1980 AUTHORIT LOCAL GO Y OF VERNMENT  RULE 1980 AUTHORITY OF LOCAL 1981: GENERAL GOVE...

CEM 304-CE41S4 - CONSTRUCTION OCCUPATIONAL SAFETY AND HEALTH (COSH) MODULE 6: AUTHORITY OF LOCAL GOVERNMENT BALANE-BALZA-DELA CRUZ-JAVINIAR-PAULMITAN  RULE 1980 AUTHORIT LOCAL GO Y OF VERNMENT  RULE 1980 AUTHORITY OF LOCAL 1981: GENERAL GOVERNMENT PROVISIONS (1) Department Responsibility, The Department shall be solely responsible for the administration and enforcement of occupational safety and health laws in all workplaces. However, local governments may be authorized by the Secretary to enforce this Standards within their respective jurisdictions where they have adequate facilities and personnel for the purpose as determined by and subject to national standards prescribed by the Department. JAVINIAR  RULE 1980 AUTHORITY OF LOCAL GOVERNMENT 1981: GENERAL PROVISIONS (2) Electrical Engineering Law Enforcement: The Department or such other duly authorized engineers and other national government agents, as the Secretary may designate, shall enforce the requirements of the Electrical Engineering Law pertaining to the installation, operations, tending and maintenance of electric generating plans and pass upon applications for electrical construction or installation within their respective jurisdiction in all cases which are not acted upon by the Board of Power and Waterworks, the Department of National Defense, and the Bureau of Customs, and shall issue the corresponding permits if the plans and/or specifications submitted are in conformity with the provisions of this Standards. JAVINIAR  1981.01: TYPES OF INSPECTION (2) General Safety Inspection shall refer to inspection of the work environment, including the (1) Technical Safety Inspection location and operation of machinery shall refer to inspection for the purpose adequacy of work space of safety determination of ventilationl boilers lighting pressure vessels conditions of work environment internal combustion engines handling, storage or work electrical installations procedures elevators protection facilities hoisting equipment and other safety and health hazards and other mechanical equipment. in workplace. JAVINIAR  1982: AUTHORITY TO CHARTERED CITIES The Department may delegate enforcement of this Standards to chartered cities, subject to the conditions provided herein, the authority to conduct technical safety inspection in workplaces within their respective jurisdictions, together with the undertaking of other related activities. JAVINIAR 1982.01: CITY SERVICE PLAN Chartered cities that desire to assume responsibility for technical safety inspection as defined above shall submit a request to the Secretary, through the Regional Labor Office concerned with the following requirements: (1) A plan containing: b. A description of the safety service as organized, including a. Copy of the city ordinance its organizational structure, or other appropriate statement of functions, name authority enabling the city to and qualifications of each establish and operate a personnel, tools and equipment safety service adequate for available, and where the the purpose of technical service shall be organizationally safety inspection; attached; PAULMITAN  1982.01: CITY SERVICE PLAN (1) A plan containing: c. An undertaking that the safety standards established by the Department including rules, standards and orders d. The number of shall be complied with in the establishments to be conduct of the activities of covered by inspection the service; activities of the service; e. An undertaking that the and reports required by said standards, rules and orders shall be submitted to the Department. PAULMITAN 1982.01: CITY SERVICE PLAN (2) Personnel: Every safety service shall, for the purpose of technical safety inspection as provided herein, have at least one professional mechanical or electrical engineer for the first five hundred (500) inspectionable units and one registered mechanical or electrical engineer or master electrician for every other five hundred (500) inspectionable units depending on the safety service applied for, with the necessary clerical support personnel. PAULMITAN 1982.01: CITY SERVICE PLAN (3) Tools, Equipment and Other Facilities: Every city safety service authorized to h. Sealing pliers conduct technical safety inspection shall be i. Hook-on volt ammeter equipped with the following: a. Slide rule j. Megger tester b. Collapsible steel tape k. Safety goggle c. Engineering Scale l. Tachometer d. Flashlight m. Hard hat e. Boiler testing hammer n. Safety shoes f. Depth gauge, micrometer, The Department may inside and outside caliper add to this list of tools g. Inspector’s test pressure gauge or equipment as the nature of the work may require. PAULMITAN 1982.02: PROCESSING AND APPROVAL OF REQUEST The Bureau shall conduct the necessary investigations to determine the capability of the city-applicant to conduct technical safety inspection in their respective jurisdictions. The city concerned shall make available all the facilities and the cooperation necessary for the proper conduct of such investigations. The request for authority shall be given due course if the Secretary is satisfied upon the completion of such investigation that the city safety service is adequate for the purpose of technical safety inspections, subject to such conditions as the Secretary may prescribe, otherwise the applicant shall be informed on how it can meet the prescribed requirements. BALZA  1982.02: PROCESSING AND APPROVAL OF REQUEST (1) The authority delegated to (2) The authority delegated shall chartered cities shall take effect specify the technical areas and upon approval by the Secretary related activities for which it of the plan after all the necessary is granted. administrative arrangement have been completed and the Secretary, after proper investigation, is satisfied that the undertakings contained in the Plan have been complied with BALZA  1982.04: Duration of Authority The authority delegated to chartered cities by the Secretary shall be effective until otherwise withdrawn by him, after proper investigation, on grounds of failure of the city safety service to undertake its work in accordance with this Rule, the plan as approved, and the appropriate standards, rules and regulations established by the Department. BALZA  1982.05: Evaluation of Performance For the purpose of Rule 1982.04 hereof, the Secretary or his authorized representative shall from time to time verify compliance by the city safety service with the issuance therein stated, including spot-checking of tools and equipment used in the safety service, inspectionable units and establishments. BALZA 1982.06: Assistance to City Safety Service The Department shall render assistance to any City Safety Service upon request in all matters affecting the performance of its safety functions. DELA CRUZ, KDJ 1983: Authority of Municipalities A municipality which desires to assume authority to conduct technical safety inspection shall follow the procedure prescribed in 1982.01. The Secretary shall evaluate, reject or withdraw such plan in the same manner provided by this Rule. DELA CRUZ, KDJ 1984: Authority of Other Government Agencies The Secretary may authorize other government agencies to conduct technical safety inspection as may be necessary in the attainment of the objectives of such agencies and the demands of national development. The application for authority shall be as required in this Rule. DELA CRUZ, KDJ 1985: Application of this Standards to Existing Plans and Authorities All plans and authorities granted prior to the approval of this Standards shall remain in full force for one year from the date this Standards takes effect. After said period, such plans and authorities shall be revised to conform with the provisions of this Standards. DELA CRUZ, KDJ  1986: Duplication of Inspection (1) Where a delegation of authority (2) In the case of mobile has been granted, the Secretary inspectionable units, such as shall not conduct similar portable boilers, pressure vessels, inspection activities in the area and other similar units, the covered by the delegation unless necessary annual inspection shall the authority is revoked or for be conducted and the inspection audit purposes; and fee paid only once a year regardless of the subsequent location of such inspectionable unit within the fee year. BALANE  RULE 1990 FINAL PRO VISION  RULE 1990 FINAL PROVISION 1991: False Statement or Representation Upon the effectivity of this Standards (Occupational safety and health standard), it shall be unlawful for any person to make any statement, report or representation, as may be required for the effective implementation of the provisions of this Standards, knowing such statement, report or representation to be false in any material respect. BALANE  RULE 1990 FINAL PROVISION 1992: Separability If any provision of this Standards or the application of such provision to any person or circumstance shall be declared invalid, the remainder of this Standards and the application of such provision to other persons or circumstances shall not be affected thereby. BALANE  RULE 1990 FINAL PROVISION 1993: Resolution of Conflicts and Overlapping Jurisdictions In case any Rule in this Standards conflicts, duplicates or overlaps with regulations or rules prepared and implemented by other government agencies, such conflict, duplication or overlapping shall be resolved by coordination or any other means of cooperation among such agencies. BALANE  RULE 1990 FINAL PROVISION 1994: Repeal of Prior Safety Orders All occupational safety and health rules, standards, orders or parts thereof which are inconsistent with this Standards are hereby repealed. BALANE  RULE 1990 FINAL PROVISION 1995: Penal Provisions All violations of the provisions of this Standards shall be subject to the applicable penalties provided for in the Labor Code, PD 442 as amended BALANE 1996: EFFECTIVITY This Standards shall take effect fifteen (15) days after its approval. THANK YOU