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Chapter 2. Occupational Health and Safety Practices in Tourism and Hospitality Industry ARISTOTLE C. CHICO, MBA Facilitator Workplace Accidents Element 1 Occupationa l Health and Safety Element 2. Occupational Health and Safety Law in the Philippi...

Chapter 2. Occupational Health and Safety Practices in Tourism and Hospitality Industry ARISTOTLE C. CHICO, MBA Facilitator Workplace Accidents Element 1 Occupationa l Health and Safety Element 2. Occupational Health and Safety Law in the Philippines Key Points of RA 11058 “An Act Strengthening Compliance with Occupational Safety and Health Standards and Providing Penalties for Violations Thereof” and its IRR (D.O. 198-18) 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. Incentives Incentives may be given to qualified employers and workers in recognition of their efforts in ensuring compliance with the OSH standards. Incentives shall be given in the form of training, additional protective equipment, technical guidance, recognition awards and the like. Inter-Government Coordination and Cooperation A Joint Coordinating Committee shall be established to effectively implement the Law and its IRR. The Committee shall develop mechanisms for harmonizing each Agency’s mandates/ policies/ guidelines related to OSH, with reference to the Law. DOLE to collaboratively work with DENR, DOE, DoTR, DA, DPWH, DTI, DILG-LGUs, DOH, DICT, PEZA and other government agencies. 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 of the same prohibited act shall be penalized of the corresponding fine plus 50% for every in-stance of repeat violation Penalties for Violations When the violation exposes the worker to death, serious injury or serious illness, the imposable penalty shall be P100,000. Additional P100,000 fine for refusal to access the workplace, refusal to provide or allow access to records, obstruct con-duct of investigation, misrepresentation and making retaliatory measures such as termination, refusal to pay, reducing wages and benefits or discriminates Penalties for Violations Enforcement/Effectivity Enforcement is through the DOLE- Regional Offices having jurisdiction over the workplace D.O. 183-17 shall govern the procedure in the implementation of DOLE D.O. 198- 18 OSH Law IRR, DOLE D.O. 198-18 effectivity:25 January 2019 References OSH Guidelines for Hotel Industry. Occupational Health and Safety Center. Retrieved from http://www.oshc.dole.gov.ph/images/OSH-for-Hotel.pdf Occupational Health and Safety Guidelines. International Labor Organization. Retrieved from https://www.ilo.org/wcmsp5/groups/public/---ed_dialogue/--- sector/documents/instructionalmaterial/wcms_159248.pdf Key Points of RA 11058 “An Act Strengthening Compliance with Occupational Safety and Health Standards and Providing Penalties for Violations Thereof” and its IRR (D.O. 198-18). Bureau of Working Conditions, Department of Labor and Employment. Retrieved from http://bwc.dole.gov.ph/images/Buttons/Newbuttons/OSHUpdates/KeyPoints_DO198 s18.pdf https://www.ilo.org/global/about-the-ilo/newsroom/news/WCMS_686571/lang--en/ index.htm www. youtube.com

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