Bes-Osh-Rule-1000-1040-Group-1 PDF

**RULE 1000: PURPOSE AND SCOPE** Protects workers from injury, sickness, or death through safe working conditions. Applies to all places of employment except specified areas. **1002 Definitions** Employer, Employee, Industrial, Agricultural Enterprise, Dry Dock, Health Safe or Safety, Work...

**RULE 1000: PURPOSE AND SCOPE** Protects workers from injury, sickness, or death through safe working conditions. Applies to all places of employment except specified areas. **1002 Definitions** Employer, Employee, Industrial, Agricultural Enterprise, Dry Dock, Health Safe or Safety, Work Accident, Work Injury, Occupational Illness, Recognized Hazards, Workplace, Approved Code, Department, Secretary, Bureau, Director, Standards, Enforcement office, Authorized Representative. **1003 Administration and Enforcement** Department of Labor and Employment administers and enforces the Standards. Employers provide access to premises and records for compliance determination. Establishments are inspected at least once a year, with enforcement officers determining compliance periods 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. **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 Standards do not cover activities of a lessee regarding safety of mining installations, surface or underground, within the mining claim or lease. **1003.05: Application to Chartered Cities and Municipalities:** The Department of Labor and Employment is responsible for the administration and enforcement of these Standards in all places of employment except as provided in Rule 1980. **1004: Special Inspection, Investigation and Review** Any worker or representative of workers who believes a violation of these Standards threatens physical harm or imposes imminent danger to life can request an inspection. If a violation is found, a special inspection or investigation is conducted immediately. The Secretary of Labor and Employment reviews any failure or refusal of the Regional Labor Office to order compliance or issue a recommendation. Duties of Employers, Workers and Other Persons Employers must provide a safe place of employment, give complete job safety instructions, comply with the requirements, and use only approved devices and equipment. Workers must cooperate with the employer and report any work hazard to their supervisor. All workers must use all safeguards and safety devices furnished in accordance with these Standards. **1006: Confidentiality of Trade Secrets** All information reported to or obtained by the enforcement officer in connection with any inspection or proceedings under these Standards is considered confidential, except in necessary proceedings. The Secretary, the Regional Director or duly authorized representative, shall issue appropriate orders to protect the confidentiality of trade secrets. **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 promulgated 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 assistance 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. \(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 conditions 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. **1012.04: Variation Order:** \(1) If there shall be practical difficulty or unnecessary hardship in complying with the requirements of any rule or provision of this Standards, the Secretary, upon the recommendation 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, firefighting, 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. **RULE 1020 REGISTRATION OVERVIEW** **1021: General Provisions**: Every employer as defined in Rule 1002 (1) must register their businesses with the Regional Labor Office or authorized representative to form a databank of all covered establishments. **1022: Registrable Unit:** Establishments, regardless of economic activity size, are considered one registrable unit. **1023: Period of Registration:** Existing establishments must register within 60 days after the Standards\' effectivity New establishments must register 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 includes a layout plan 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. **Rule 1030: Training of Personnel in Occupational Safety and Health** **1031: Training Programs:** \(1) The Bureau conducts continuing programs to increase the supply and competence of personnel qualified to carry out the Standards. \(2) The Bureau prescribes consultation with the UP Institute of Public Health, World Health Organization and other technical societies that incorporate 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:** A Bureau-prescribed course of study must be used or followed by accredited organizations. Provisions for adequate training facilities for the holding of training must be provided. Training staff must be composed of persons recognized by the Bureau, duly trained, and certified as competent by the Bureau or accredited training organizations. **1032.02: Audit Systems:** The Bureau conducts a regular audit to determine compliance with the criteria, the system and method of training, and the quality and effectiveness of the training staff. **1033: Training and Personnel Complement:** The training course prescribed by the Bureau is a requisite for the appointment of the safetyman in place of employment. The duties of the safetyman are specified under Rule 1040. 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. **1034.01: Qualifications of a Safety Consultant:** Safety consultants must have at least five years of experience as safety and health practitioners and undergo necessary training. Safety practitioners with 10 years of experience may not need training if they obtain certification from the Bureau. All consultants or consulting organizations must be accredited by the Bureau and registered with the Regional Office. **1034.02: Prohibition in the Practice of Occupational Safety and Health:** No person or organization can be employed in occupational safety and health practice unless these requirements are met. **RULE 1040: HEALTH AND SAFETY COMMITTEE** General Requirements: Health and safety committees must be established within 60 days of the implementation of the Standards. New establishments must be established within one (1) month of the business\'s operation. Committees must 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: 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 1048.02 may be organized Joint Committee: When two or more establishments are housed under one building, the health and safety committees form a Joint Coordinating Committee. **1042.06: Membership of Committee:** Minimum membership requirements, with the ability to increase as necessary. Workers selected by a simple majority vote. **1043: Duties of the Health and Safety Committee:** **1043.01: Health and Safety Committee:** Plans and develops accident prevention programs. Directs accident prevention efforts. Conducts safety meetings monthly. Reviews inspection reports and program implementation. Submits reports to the manager on its meetings and activities Provides assistance to government inspecting authorities. Initiates and supervises safety training for employees. Develops and maintains a disaster contingency plan. **1044: Term of Office of Members:** **1044.01: Health and Safety Committee:** Department head may serve one year, worker members in Type A and B may serve two years each. Chairman, physician or nurse, and safety man are permanent members. **1044.02: Joint Committee:** Joint Committee membership is one 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** Establishes and adopts administrative safety policies. Reports to the enforcing authority on the health and safety program. Acts on recommended measures by adopting elements of the program in the production process or workplace. **1046: Duties of the Workers:** Adhere to safety practices and standards set by the employer. Report unsafe conditions and practices to supervisors. Serve as members of the Health and Safety Committee. Cooperate actively with the committee. Assist government agencies in health and safety inspections. **1047: Duties of the Safety Man:** Serve as the employer\'s assistant and consultant in hazard removal and unsafe work practices. Serve as Secretary to the Health and Safety Committee. Act as an advisory on health and safety matters. Conduct accident investigations and report to the employer. Coordinate health and safety training programs. Conduct health and safety inspections. Maintain an efficient accident record system. Assist government agencies in safety and health inspections. Report directly to the employer in a full-time setting. **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::** General manager directs health and safety programs. **1048.02: Staff Type:** Staff Type: Staff safety organization with specialized personnel.