Occupational Safety and Health (OSH) in the Philippines PDF
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Summary
This document provides an overview of Occupational Safety and Health (OSH) legislation in the Philippines, including the Labor Code, relevant articles, and organizations involved. It details aspects such as OSH standards, rules, and the roles of various agencies like DOLE.
Full Transcript
OCCUPATIONAL SAFETY AND HEALTH In the Philippines OSH LEGISLATIONS Phil Const. Article XIII Section 3 of Phil. Constitution The state shall afford full protection to labor,.... They shall be entitled to security of tenure, humane conditions of work, and a living wag...
OCCUPATIONAL SAFETY AND HEALTH In the Philippines OSH LEGISLATIONS Phil Const. Article XIII Section 3 of Phil. Constitution The state shall afford full protection to labor,.... They shall be entitled to security of tenure, humane conditions of work, and a living wage. OSH LEGISLATIONS Law: P.D. 442, Book IV, Titles I and Il Title: Labor Code of the Phils. LABOR Year Passed: 1974 CODE Implementing Agency: DOLE Content: Revised and consolidated labor and social laws to afford full protection to labor, promote employment and human resources development and ensure industrial peace based on social justice. OSH LEGISLATIONS Article 162 - The Secretary of labor shall by appropriate order set and enforce mandatory OSH Standards to eliminate or reduce OSH hazards in all workplaces and LABOR institute new and update existing programs to ensure safe and healthful working conditions in all place of employment CODE Article 165 - DOLE shall be solely responsible for the administration, enforcement of laws, policies and programs on OSH. Chartered cities may be allowed to conduct industrial safety inspection of establishments within their respective jurisdictions. OSH LEGISLATIONS Law: Rules and Regulations Implementing Art. 162, Book IV, Title I, P.D. 442 OSHS Title: Occupational Safety and Health Standards (OSHS) Year Passed: 1978 Relevant Provision/s: Rule 1000 to Rule 1980 Implementing Agency: DOLE OSH STANDARDS A set of mandatory OSH standards which codifies all safety orders being enforced prior to its promulgation. OSH STANDARDS PURPOSE - to protect every working man against the dangers of injury, sickness or death through safe and healthful working conditions. SOME RULES OF OSHS 1000 General Provisions 1090 Hazardous Materials 1230 Identification of 1010 Other Safety Rules 1100 Gas & Electric Operations Piping System 1020 Registration Equipment Welding & 1120 Hazardous Work 1030 Training & Cutting 1240 Power Piping Lines Accreditation Processes 1040 Health & Safety 1970 Fees 1410 Construction Safety Committee 1180 Internal Combustion 1140 Explosives 1050 Notification & Keeping 1980 Authority of LG 1420 Logging of Occupational Illnesses & Engine 1150 Materials Handling & Injuries 1990 Final Provisions 1940 Fire Protection & Storage 1060 Premises of 1200 Machine Guarding Control Establishments 1960 OH Services 1160 Boiler 1950 Pesticides & 1070 Environmental Control 1210 Electrical Safety 1170 Unfired Pressure 1080 Personal Protective 1220 Elevators & Related Fertilizers Vessels Equipment When does the Labor Code of the Philippines Passed? In what article does DOLE shall be solely responsible for the administration, enforcement of laws, policies and programs on OSH? ORGANIZATIONS INVOLVED IN OSH LEGISLATION ORGANIZATIONS INVOLVED IN OSH LEGISLATION DEPARTMENT OF LABOR AND EMPLOYMENT (DOLE) - IMPLEMENTS LAWS, RULES AND REGULATIONS, POLICIES, PLANS, PROGRAMS, AND PROJECTS. EMPLOYEES COMPENSATION COMMISSION (ECC) - RESPONSIBLE FOR INITIATING, RATIONALIZING AND COORDINATING THE POLICIES ON EMPLOYEES COMPENSATION PROGRAMS ORGANIZATIONS INVOLVED IN OSH LEGISLATION OCCUPATIONAL SAFETY AND HEALTH CENTER (OSHC) - STUDIES AND RESEARCHES FURTHER ON OSH. PLANS, DEVELOPS AND IMPLEMENT TRAINING PROGRAMS BUREAU OF WORKING CONDITIONS (BWC) - PERFORMS PROGRAM DEVELOPMENT, POLICIES, AND ENFORCEMENT OF LAWS RELATING TO WORKING CONDITIONS DEFINITION OF TERMS REGIONAL OFFICES (RO/RO’s) LABORATORY SERVICES AND ENVIRONMENTAL DIVISION (LSED) - DEPARTMENT OR DIVISION WITHIN DOLE - RESPONSIBLE FOR CONDUCTING LABORATORY TESTING AND ANALYSIS AS WELL AS MANAGING ENVIRONMENTAL ISSUES HOW DOLE ENFORCES OSH RELATED LAWS - ENFORCED AND MONITORED BY THE RO’s THROUGHT ITS LSED MANNED BY LABOR INSPECTORS. - THESE LABOR INSPECTORS ALSO DISTRIBUTE INFORMATION, ADVOCATE AND GIVE TECHNICAL ASSISTANCE ON OSH. ICE BREAKER THE EMPLOYEES COMPENSATION COMISSION (ECC) WORKS CLOSELY WITH THESE TWO COMPANIES ICE BREAKER WHAT IS THE MEANING OF DOLE ICE BREAKER WHAT IS THE MEANING OF BWC TECHNICAL SAFETY INSPECTION - INSPECTION FOR PURPOSE OF THE SAFETY DETERMINATION OF BIOILERS PRESSURE, VESSELS, INTERNAL COMBUSTION ENGINES AND OTHER MECHANICAL EQUIPMENT. GENERAL SAFETY AND HEALTH INSPECTION - REFERS TO THE INSPECTION OF WORK ENVIRONMENT, ADEQUACY OF WORK SPACE, VENTILATION, HANDLING, STORAGE OR WORK PROCEDURES , PROTECTION FACILITIES OTHER THAN THOSE COVERED BY SAFETY INSPECTION AND OTHER SAFETY AND HEALTH HAZARDS IN WORKPLACE. SAFETY AND HEALTH IN CONSTRUCTION deals with all aspects of health and safety in the workplace and has a strong focus on primary prevention of hazards. COVERED WORKPLACE Covered workplace shall have a safety and health program including the following policies, guidelines or information. OCCUPATIONAL SAFETY AND HEALTH (OSH) Committee To ensure that the safety and health program is observed and enforced, a safety and health committee shall be organized in covered workplaces composed of the following: Employer or representative as the chairperson. Safety Officer of the company or project. Safety Officers representing the contactor or subcontractor. Physicians, nurses, certified first-aiders, and dentists. Workers' representatives who shall come from the union if the workers are organized or elected by the workers through a simple majority vote if they are unorganized, as members. OCCUPATIONAL HEALTH PERSONNEL AND FACILITIES Covered workplaces shall have qualified occupational health personal such as physicians, nurses, certified firs- aiders, and dentists duly complemented with the required medical supplies, equipment and facilities. The number of health personnel, equipment and facilities, and the amount of supplies shall be proportionate to the total number of workers and the risk or hazard involved, the ideal ration of which shall be prescribed by the DOLE. SAFETY AND HEALTH TRAINING All safety personnel and workers must undergo mandatory training, with specialized instruction for high- risk activities like equipment operation, scaffold erection, and hazardous material handling. Workers' Competency Certification Certification Requirements: Critical occupations must undergo competency assessments and certification by TESDA or PRC. Critical jobs are those that affect safety, involve tool handling, require extensive training, or have significant safety/environmental impacts. Workers' Welfare Facilities Facilities: Workplaces must provide essential welfare facilities, including safe drinking water, sanitary and washing facilities, suitable living accommodations, and separate facilities for men and women where applicable JOINT AND SOLIDARY LIABILITY Employer's Responsibility and Liability. The employer, project owner, general contractor, contractor or subcontractor, if any, and any person who manages, controls or supervises the work being undertaken shall be jointly and solidarily liable for compliance with this Act. ENFORCEMENT OF OCCUPATIONAL SAFETY AND HEALTH STANDARDS Visitorial Power of the Secretary of Labor and Employment. Pursuant to Article 128 of the Labor Code of the Philippines and other applicable laws, the Secretary of Labor and Employment or the Secretary's authorized representatives shall have the authority to enforce the mandatory occupational safety and health standards in all establishments and conduct, together with representatives from the labor and the employer sectors, an annual spot audit on compliance with OSH standards. Payment During Work Stoppage Delegation of Authority Standards Setting Power Employee's Compensation Claim Incentives to Employers Prohibited Acts and Penalties MISCELLANEOUS PROVISIONS These miscellaneous provisions ensure the effective implementation, adaptability, and coordination of OSH standards across various sectors and enterprises, while also safeguarding the Act's integrity and relevance by updating or repealing conflicting laws. Updated DOLE Computerized Labor Law Compliance System Applicability to Micro and Small Enterprises (MSE) Inter-Governmental Coordination and Cooperation Implementing Rules and Regulations THANK YOU.