Occupational Health and Safety Practices in Tourism & Hospitality Industry PDF

Chapter 2. Occupational Health and Safety Practices in Tourism and Hospitality Industry Ms. Kathrine Camille Nagal, MBA Facilitator  Intended Learning Outcomes At the end of this training the participants are expected to: Define occupational health and safety; Interpret the OS...

Chapter 2. Occupational Health and Safety Practices in Tourism and Hospitality Industry Ms. Kathrine Camille Nagal, MBA Facilitator  Intended Learning Outcomes At the end of this training the participants are expected to: Define occupational health and safety; Interpret the OSH law of the Philippines; Narrate the significance of safety management system; Apply the OHS guidelines in the tourism/hospitality workplace; and Assess the occupational health and safety practices of tourism/hospitality establishments.  Presentation Outline 1. Introduction to Occupational Health and Safety; 2. Occupational Health and Safety Law in the Philippines; 3. Occupational Health and Safety Management System; and 4. Workplace hazards and their controls. Workplace Accidents  Element 1 Occupational Health and Safety Occupational Safety and Health (OSH) commonly referred to as health and safety, occupational health and safety (OHS), occupational health, or occupational safety, is a multidisciplinary field concerned with the safety, health, and welfare of people at work. As defined by the World Health Organization (WHO) "occupational health deals with all aspects of health and safety in the workplace and has a strong focus on primary prevention of hazards.”  Occupational Health and Safety Health has been defined as "a state of complete physical, mental and social well-being and not merely the absence of disease or infirmity." Occupational health is a multidisciplinary field of healthcare concerned with enabling an individual to undertake their occupation, in the way that causes least harm to their health. It contrasts, for example, with the promotion of health and safety at work, which is concerned with preventing harm from any incidental hazards, arising in the workplace. Safety – Freedom from accident. The control of hazards to attain an acceptable level of risk. Three Main Objectives of Occupational Health and Safety according to Joint ILO/WHO Committee on Occupational Health 1. the maintenance and promotion of workers’ health and working capacity; 2. the improvement of working environment and work to become conducive to safety and health 3. development of work organizations and working cultures in a direction which supports health and safety at work and in doing so also promotes a positive social climate and smooth operation and may enhance productivity of the undertakings.  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)  Coverage All private establishments where work is being undertaken including establishments located inside special economic zones and other investment promotion agencies (e.g. Philippine Economic Zone [PEZA], Clark Development Corporation [CDC]) Utilities engaged in air, sea and land transportation Exemption — Public Sector (national government agencies, government-owned and controlled corporations with original charters, government financial institutions, state universities and colleges and local government units)  Duties and Rights Employer’s Duties. provide a safe and healthy workplace through the following, among others: 1. Capacity building of all workers including mandatory trainings; 2. Provision of information on OSH; 3. Use of devices/equipment with approved industry standards; 4. Compliance with all the requirements of the OSH Standards; 5. Provide appropriate DOLE tested and approved PPEs FREE of charge to the workers.  Duties and Rights Workers’ Rights: 1. To know the different types of hazards in the workplace; 2. Be provided with training, education and orientation; 3. To refuse unsafe work without threat or reprisal from the employer in cases of imminent danger. Affected workers may be temporarily assigned to other work areas; 4. To report accidents and dangerous occurrences to DOLE-ROs and other government agencies in the most convenient way; 5. Workers shall be free from retaliation for reporting any accident; Workplace Classification based on Risks Based on the level of risks brought about by the nature of activities/business processes in the establishment; determined by the company safety officer. 1. Low Risk Workplace refers to those with less exposure to safety and health hazards, having low level of danger, with no or less probability to cause an accident, harm, injury or illness. 2. Medium Risk Workplace refers to those having moderate exposure to safety and health hazards and with probability of an accident, injury or illness if no preventive or control measures are in place. 3. High Risk Workplace refers to those wherein presence of hazards affects not only workers but persons outside establishment; with high level of exposure to safety and health hazards; probability of major accident is likely to occur. Occupational Safety and Health (OSH) Programs 1. Covered workplaces through the Health and Safety Committee (HSC), shall develop and implement a suitable OSH Program following the DOLE-prescribed format. 2. OSH Program shall be submitted and considered approved upon stamped-received by concerned DOLE-Regional Office or Field Office. Pre-approved program shall be validated during inspection and may be modified by DOLE as necessary, based on existing laws, rules and regulations. Occupational Safety and Health (OSH) Programs 3. The HSC shall review and evaluate the OSH Program at least once a year or as necessary. A revised copy of the program shall be submitted to DOLE. 4. A suitable Construction Safety and Health Program (CHSP) specific for each construction project shall be submitted to concerned DOLE-Regional Office or Field Office for its approval prior to start of the project. 5. The total cost of implementing OSH Programs shall be an integral part of the company’s operations cost.  OSH Personnel Complement All covered workplaces shall have qualified OSH personnel: 1. First Aider 2. Safety Officer 3. Nurses 4. OSH Personnel Complement Number and type of OSH personnel are based on the number of employees and the correct determination by the Safety Officer of his/her workplace classification *Refer to Table of OSH Personnel on Sec. 14 & Sec. 15 of D.O. 198-18  Safety and Health Training Requirements 1. All OSH personnel shall undergo the prescribed mandatory trainings from DOLE-accredited Safety Training Organizations or its recognized training institutions. 2. All workers shall undergo the mandatory 8-hour OSH seminar as prescribed by DOLE. This training may be conducted by the company safety officer in a staggered manner.  Safety and Health Training Requirements 3. Workers performing critical occupations shall undergo the mandatory competency assessment and certification by TESDA. 4. Workers’ OSH seminars and trainings/orientations required by the employer or by other regulations in the performance of their task shall be undertaken at no cost to the worker and considered as compensable working time.  Workers’ Welfare Facilities All workers shall have FREE access and use of the following welfare facilities: 1. Adequate supply of safe drinking water 2. Adequate sanitary and washing facilities 3. Suitable living accommodation as may be applicable such as in construction, shipping, fishing and night workers 4. Separate sanitary, washing and sleeping quarters for all genders, as may be applicable 5. Lactation Station 6. Ramps, railings and the like 7. Medical Facilities (treatment room/clinic) 8. Other workers’ welfare facilities as may be prescribed by the OSH Standards and other issuances  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 any worker who has given information relative to inspection. 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_DO198s18.pdf https://www.ilo.org/global/about-the-ilo/newsroom/news/WCMS_686571/lang--en/index.htm www. youtube.com