Chapter 1: Introduction to OSH Standard, Legislation, and D.O. No. 13 PDF

Chapter 1: Introduction to OSH Standard, Legislation, and D.O. No. 13 COSH 413 – CONSTRUCTION OCCUPATIONAL SAFETY AND HEALTH COURSE OUTCOMES After studying these topics student should have: • Basic knowledge about the legislation, agencies related to OSH • Appreciation of the importance of OSH sta...

Chapter 1: Introduction to OSH Standard, Legislation, and D.O. No. 13 COSH 413 – CONSTRUCTION OCCUPATIONAL SAFETY AND HEALTH COURSE OUTCOMES After studying these topics student should have: • Basic knowledge about the legislation, agencies related to OSH • Appreciation of the importance of OSH standards in construction industry • Knowledge in the guidelines governing OSH in construction industry • Knowledge to explain the importance of OSH CONTENTS A. OSH Legislation – Vision, Mission B. OSH Standards C. D.O. 13 – Guidelines Governing OSH in Construction Industry Why the need for occupational safety and health (OSH)? Every worker or employee has the right to a SAFE and HEALTHY workplace! Occupational Safety and Health (OSH) Occupational Safety and Health is devoted to the recognition and control of factors (hazards) in the workplace, which may cause death, disability, injury, or great discomfort and inefficiency among the workers. Focus of OSH Equipment Environment People People Materials Did you know? Did you know? • Every 15 seconds, a worker dies from work related accident or diseases • Every 15 seconds, 160 have work-related accidents Global OSH Data: ILO (International Labour Organization) Report • 340 million work-related accidents annually • 160 million victims of work-related illness annually (causing 4-day absence) Global OSH Data: ILO Report • Occupational accidents occur mostly in: • Agriculture • Mining • Construction • Commercial Fishing Global OSH Data: ILO Report 4% or over 1.25 trillion USD of the world’s GDP is lost due to occupational diseases and accidents Local OSH Data: ISLE Report (2017-2018) Top 3 Industries with Cases of Occupational Inquiries • Manufacturing (49.7%) • Wholesale and Retail Trader (11.4%) • Administrative and Support Service Activities (7.2%) Remember! Everyone has a right to a safe and healthy workplace. OSH is prevention of workplace injuries and diseases. Occupational Safety and Health (OSH) Occupational Safety and Health is a cross-disciplinary area concerned with protecting the safety, health and welfare of people engaged in work. OSH Standards – are mandatory rules and standards set and enforces to eliminate or reduce occupational safety and health hazards in the workplace. OSH Vision and Mission VISION Attainment of full, decent and productive employment for every Filipino worker. MISSION Promote gainful employment opportunities, develop human resources, protect workers and promote their welfare and maintain industrial peace. Occupational Safety and Health (OSH) A workplace can contain a bewildering number of hazards for the unsuspecting worker. First, there are the more obvious unsafe working conditions, such as unguarded machinery, slippery floors and inadequate fire precautions. Occupational Safety and Health (OSH) Then there are the more hazardous that fall into different categories: • Chemical Hazard (dusts, fumes, vapors, gases); • Physical Hazard (noise, vibration, lighting, radiation, temperature, fall) ; • Biological Hazard (infestations, bacteria, viruses, mold); • Psychological Hazard (stress and strain); and • Ergonomic Hazard (badly‐designed machinery, mechanical devices and workstations used by workers). Chemical Hazard Physical Hazard Biological Hazard Psychological Hazard Ergonomic Hazard Occupational Safety and Health (OSH) WHAT DOES SAFETY AND HEALTH IN THE WORKPLACE MEAN? SAFETY refers to the physical or environmental conditions of work which comply with prescribed Occupational Safety and Health (OSH) Standards, and which allow the workers to perform the job without or within acceptable exposure limit to hazards. HEALTH means a sound state of the body and mind of the workers that enables the worker or employee to perform the job normally. OSH LEGISLATIONS FOR SAFE AND HEALTHY WORKPLACES STRUCTURAL FRAMEWORK OF DOLE Legal Bases • Labor Code of the Philippines (PD 442, 1974) • Consolidation of labor and social laws to afford full protection to labor, promote employment and human resources development, and ensure industrial peace. • OSH Standards (1978, amended 1989) • A set of mandatory rules on OSH which codifies all safety orders issued prior to its promulgation. • Republic Act No. 11058 and its IRR (January 24, 2019) • An Act Strengthening Compliance with the OSH Standards and providing penalties for Violations thereof. Section 2. Coverage • It shall apply to all establishment, projects, sites and all other places where work is being undertaken in all branches of economic activity, including: • Establishments located inside special economic zone and other investment promotion agencies; • Utilities engaged in air, sea, and land transportation; • Industries such as mining, fishing, construction, agriculture, and maritime • Contractors and Sub-contractors including those engaged in the projects of the public sector. Note: The Rules does not apply to the public sector Section 2. Coverage • All establishments, workplaces and other undertakings are covered, including agricultural enterprises whether operating for profit or not, except: • Residential places • Mines under DENR E.O. No. 307: OSHS Law Executive Order No. 307 (November 4, 1987) -“Establishing the Occupational Safety and Health Center in the Employees' Compensation Commission" attached agency of the Department of Labor and Employment” -This includes the establishment of Employees' Compensation Commission the Occupational Safety and Health Center. What is the minimum standard on safety and health in the workplace? The worker is entitled to be provided by the employer with: • Appropriate seats, lighting and ventilation; • Adequate passageways, exits and firefighting equipment; • Separate facilities for men and women; • Appropriate safety devices like protective gears, masks, helmets, safety boots, coats or first- aid kits; • Medicines, medical supplies or first-aid kits; • Free medical and dental services and facilities. What is the minimum standard on safety and health in the workplace? Employers must provide their employees with the following instruments and/or working stations: • Appropriate protective equipment and clothing such as overall head coverings, goggles, gloves aprons and respirators; • A properly designed exhaust system and waste disposal, local exhaust or general ventilation; What is the minimum standard on safety and health in the workplace? Employers must provide their employees with the following instruments and/or working stations: • Adequate number of fire extinguishers in the workplace; • Designated safe smoking and welding areas; What safety measures must be observed within the premises of establishments? Establishments must observe the following safety measures: • Building premises shall have adequate fire, emergency or danger signs and safety instructions of standard colors and sizes visible at all times; • Other visible signs that may be needed to direct the driver of motorized vehicle such as STOP, YIELD, and DO NOT ENTER, properly positioned within the compound of the establishment shall be used to increase safety especially during the night; What safety measures must be observed within the premises of establishments? • Handicapped employees shall be restricted only to designated workplaces. • Good housekeeping shall be maintained all the time; • Adequate dressing rooms, locker rooms, comfort rooms and lavatories separate for male and female workers shall be provided. What safety measures must be observed within the premises of establishments? • Handicapped employees shall be restricted only to designated workplaces. • Good housekeeping shall be maintained all the time; • Adequate dressing rooms, locker rooms, comfort rooms and lavatories separate for male and female workers shall be provided. Enforcement and Implementation of OSH Law Section 24. Delegation of Authority. - The authority to enforce mandatory OSH standards may be delegated by the Secretary of Labor and Employment to a competent government authority. The Secretary of Labor and Employment, through the Regional Director or his other authorized representative, enforces the OSH Standards in the exercise of visitorial and enforcement powers. Enforcement and Implementation of OSH Law Visitorial Power refers to the authority to conduct inspections or investigations in the premises of an employer at any time of the day or night whenever work is being undertaken. This is necessary to determine violations or to enforce the rights of workers under the Labor Code. Under this power, the employer may be required to submit reports and other documents to determine any violation. Enforcement and Implementation of OSH Law Enforcement Power refers to the authority of the Secretary or the Regional Director to order an erring employer (violator), after due notice and hearing, to comply with labor standards and issue a writ of execution in case of noncompliance. Enforcement and Implementation of OSH Law How are these Standards enforced? These standards are enforced through the inspectorate system. Thus, every employer shall provide to the Secretary or to his/her duly authorized representative access to its premises or records at any time of the day or night whenever there is work to determine and effect compliance. Enforcement and Implementation of OSH Law Every establishment or workplace shall be inspected at least once a year. However, special inspection visits may be authorized by the Regional Office to investigate work-related accidents, occupational illness or dangerous occurrences, conduct surveys, follow-up inspection recommendations, or to conduct investigations or inspections upon request of an employer, worker or labor union in the establishment. What does the Regional Office do in such case? The Regional Office evaluates the report and conducts a special inspection or investigation immediately in the subject establishment. The complainant is notified in writing of the outcome of such investigation. Fines and Penalties OSH Standards The Occupational Safety and Health Standards was formulated in 1978 in compliance with the constitutional mandate to safeguard the worker’s social and economic well-being as well as his physical safety and health. Adopted through the tested democratic machinery of tripartism, the 1978 Standards is considered as a landmark in Philippine labor and social legislation. APPROPRIATE LIGHTING APPROPRIATE SEATS APPROPRIATE VENTILATION ADEQUATE PASSAGEWAYS AND EXITS FIRE FIGHTING EQUIPMENT SEPARATE FACILITIES FOR MEN AND WOMEN MEDICINES, MEDICAL SUPPLIES OR FIRST-AID KITS Procedure of Reporting of OSH Violations of Employers REPORTING OF VIOLATION The said worker or workers’ representative shall request the RO for an inspection of their area by giving full particulars or details regarding such violation or danger. REVIEW OF REPORTED COMPLAINT The Regional Office evaluates the report and schedules an inspection immediately in the subject establishment INSPECTION OR INVESTIGATION IMPOSING PENALITIES The Regional Office conducts a special inspection or investigation. The complainant is notified in writing of the outcome of such investigation. After due notice and hearing, the Regional Director shall impose administrative fines taking into consideration the damage or injury caused and risk involved including the severity and frequency of OSH violations and size of establishment. Rules of the Occupational Safety and Health Standards 1. DUTIES OF EMPLOYERS • Adopt administrative policies on safety in accordance with the provisions of the Standards; • Report to the Regional Director or his/her duly authorized representative the policies adopted and the safety organization established; • Submit reports to the Regional Director or his/her duly authorized representative once in every three months on the safety performance, safety committee meetings and its recommendations and measures taken to implement the recommendation; • Act on recommended safety measures; • Provide access to appropriate authorities. Rules of the Occupational Safety and Health Standards • Registration (DOLE) - Rule 1020 • Every employer shall register his/her business with the Regional Labor Office or authorized representative to provide the DOLE with information as guide in its enforcement activities. • Free of charge • Valid for lifetime, except when there is change in name, location, ownership; opening after previous closing • Training and Accreditation of Personnel in OSH - Rule 1030 • Employer to appoint a safety officer on a full-time or part-time basis depending on the type of workplace (whether hazardous or non-hazardous) and number of workers in the workplace. Rules of the Occupational Safety and Health Standards 2. DUTIES OF EMPLOYEES • • • • • Follow safety policies; Report unsafe conditions and practices to the Supervisor; Serve as member of the Health and Safety Committee; Cooperate with Health and Safety Committee; Assist government agencies in the conduct of safety and health inspection. Personnel on Occupational Safety and Health 1. Safety Officer - refers to any employee/worker trained and tasked to implement occupational safety and health programs in the workplace in accordance with the provisions of the Standards and shall be synonymous to the term “Safety Man” as used in these Standards. 2. Occupational Safety and Health Personnel - refers to Physician, Nurse, Dentist, Chemist, Engineers, Safety Officer, First-Aider and other persons engaged by the employer to provide occupational safety and health services as required by the Standards. 3. Practitioner in Occupational Safety and Health - refers to any qualified person as assessed and duly-accredited by the Bureau to practice and render occupational safety and health services in a defined and specific scope or core competency. Personnel on Occupational Safety and Health 4. Occupational Safety and Health Consultant - refers to any practitioner in occupational safety and health or group of persons or organizations duly-accredited by the Bureau to practice, perform and/or render consultative and/or advisory services on occupational safety and health in at least two (2) fields of specialization as enumerated in Annex “A”. Qualification of a Safety Officer Qualifications of a Safety Officer: 1. All safety officers must complete the Bureau-prescribed training course prior to their appointment as in their respective places of employment. 2. All full-time safety officers must meet the requirement of duly accredited Safety Practitioners or Safety Consultants by the Bureau. 3. Not less than the following number of supervisors or technical personnel shall take the required trainings and shall be appointed as a safety officer on a full-time or part time basis, depending on the number of workers employed and the hazardous or nonhazardous pursuant to Rule 1013 of these Standars. Duties of a Safety Officer As per Rule 1047 of OSHS: 1. Advises employers, supervisors and workers on matters of safety for their guidance 2. Investigates accidents as part of the Safety Committee 3. Coordinates safety training programs for employees and employers 4. Make safety inspections of the plant as part of the Safety Committee 5. Maintains or helps maintain an accident record system 6. Acts as Secretary of the Safety Committee 7. Provides assistance to government inspectors in the conduct of safety and health inspection Minimum Number of Required Safety and Health Officer For hazardous workplaces: Number of Workers Minimum Number of Safety Officers Hazardous Highly Hazardous 1-50 One (1) part-time One (1) full-time 51-200 One (1) full-time One (1) full-time, One (1) part-time 201-250 One (1) full-time, One (1) part-time Two (2) full-time 251-500 Two (2) full-time Two (2) full-time, One (1) part-time Every additional 500 or fraction thereof One (1) additional full-time Every additional 250 or fraction thereof One (1) additional full-time Categorization of Hazardous Workplaces HAZARDOUS 1. 2. 3. 4. 5. HIGHLY HAZARDOUS The nature of the work exposes workers to Where potential hazard within the company may dangerous environmental elements, affect the safety and/or health of workers not only contaminants or work conditions, including within but also persons outside the premises of the ionizing radiation, chemicals, fire, flammable workplace. The following are workplaces commonly substances, noxious components, and the like associated with potentially high hazardous The workers are engaged in construction work, activities: logging, fire-fighting, mining, quarrying, blasting, stevedoring, dock work, deep-sea fishing and 1. Petrochemical works and refineries; mechanized farming 2. Chemical works and chemical production plants; The workers use or are exposed to heavy or 3. LPG storage and materials; power-driven machinery or explosive powder- 4. Stores and distribution center for actuated equipment toxic/hazardous chemicals; The workers are engaged in the manufacture or 5. Large fertilizer stores; handling of explosives and other pyrotechnic 6. Explosives factories; products 7. Works in which chlorine is used in bulk; The workers use or are exposed to biological 8. Activities closely similar to the activities agents such as bacteria, viruses and other enumerated above; parasites. 9. Activities as determined by the Bureau in accordance with existing issuances related to classification of establishments Health and Safety Committee A Safety and Health Committee is a group of employees or workers and management that plans and makes policies in all matters pertaining to safety and health in the workplace. All establishments are required to have a Safety and Health Committee. In every workplace, a Safety and Health Committee shall be organized within sixty days after the Standards take effect, and for new establishments, within one month from the date business starts operating. In both cases the Safety and Health Committee shall reorganize every January of the following year. Types and Composition of a Safety and Health Committee Type A B Number of Workers Composition Chairman Members Secretary 401 and up Manager or authorized representative must be COO ‐ ‐ ‐ 2 dept. heads 4 workers Company physician Safety Officer 201-400 Manager or authorized representative must be COO ‐ ‐ ‐ 1 supervisor Physician or nurse 3 workers Safety Officer Manager or authorized representative ‐ ‐ ‐ 1 foreman 3 workers Nurse Safety Officer Manager ‐ ‐ ‐ 1 foreman 3 workers Nurse or first-aider Safety Officer C 100-200 D Less than 100 Duties of the Safety and Health Committee 1. Plan and develop accident prevention programs in the workplace; 2. Inspect workplace to detect unsafe conditions; 3. Review reports of inspection, results of accident investigations and implementation of accident prevention program; 4. Conduct safety meetings at least once a month; 5. Submit reports to the manager/owner on its meetings and activities; 6. Provide necessary assistance to government inspecting authorities in the proper conduct of activities relating to enforcement of the provisions of the Standards; 7. Train workers in safe work habits and procedures; 8. Develop and maintain a disaster contingency plan and organize such emergency service units as may be necessary to handle disaster situations pursuant to the Emergency Preparedness Manual for Establishments of the Office of Civil Defense. DOLE D.O. No. 13 Department of Labor and Employment D.O. No. 13 (DOLE D.O. No. 13), Series of 1998 otherwise known as the "Guidelines Governing Occupational Safety and Health in the Construction Industry“. In the interest of ensuring the protection and welfare of workers employed in the construction industry, the protection and welfare of the general public within and around the immediate vicinity of any construction worksite as well as the promotion of harmonious employer-employee relationships in the construction industry , and after consultations with the stakeholders in the construction industry, taking into consideration industry practices and applicable government requirement, this guidelines were issued for all concerned. DOLE D.O. No. 13 Coverage of DOLE D.O. No. 13 DOLE D.O. No. 13, Section 4 This issuance shall apply to all operations and undertakings in the construction industry and its subdivisions, namely, general building construction, general engineering construction and special trade construction, based on the classification code of the Philippine Contractors Accreditation Board (PCAB) of the Construction Industry Authority of the Philippines (CIAP); to companies and entities involved in demolition works; and to those falling within the construction industry as may be determined by the Secretary of Labor and Employment. Construction Safety and Health Program Every construction project shall have a suitable Construction Safety and Health Program, which must be in accordance with these rules, and other orders and issuances issued by the DOLE. The Construction Project Manager, or in his absence, the Project Manager as authorized by the owner, shall be responsible for compliance with this Section. Personal Protective Equipment DOLE D.O. No. 13, Section 6 Every employer shall, at his own expense, furnish his workers with protective equipment for eyes, face, hands and feet, lifeline, safety belt / harness, protective shields and barriers whenever necessary by reason of the hazardous work process or environment, chemical or radiological or other mechanical irritants or hazards capable of causing injury or impairment in the function of any part of the body through absorption, inhalation or physical agent. Personal Protective Equipment DOLE D.O. No. 13, Section 6 Provision of Personal Protective Equipment (PPE) shall be in accordance with Rule 1080 of the OSHS. The equivalent cost for the provision of PPE (life span, depreciation, replacement, etc.) shall be an integral part of the project cost. Safety Personnel DOLE D.O. No. 13, Section 7 To ensure that a Construction Safety and Health Program is duly followed and enforced at the construction site, each construction project site is required to have the minimum required Safety Personnel • To provide for a full time officer, who shall be assigned as the general construction safety and health officer to oversee full time the overall management of the Construction Safety and Health Program • To provide for additional Construction Safety and Health Officer/s in accordance with the requirements for Safety Man/Officer of Rule 1033 (Training and Personnel Complement), • To provide for one (1) Construction Safety and Health Officer for every ten (10) units of heavy equipment assigned to the project site • Each construction subcontractor must provide for a representative, who shall have the same qualifications as a Safety Man/Officer Construction Safety Signages DOLE D.O. No. 13, Section 9 Construction Safety Signages must be provided to warn the workers and the public of hazards existing in the workplace. Signages shall be posted in prominent positions at strategic locations and, as far as practicable, be in the language understandable to most of the workers employed. Violations and Penalties DOLE D.O. No. 13, Section 19 19.1 As circumstances may warrant, the DOLE shall refer to the Philippine Contractors Accreditation Board (PCAB) its findings, after due process, on any act or omission committed by construction contractors in violation of labor standards, safety rules and regulations and other pertinent policies. Any such violation committed by construction contractors, whether general constructors or sub-contractors, shall constitute as prima facie case of a construction malperformance of grave consequence due to negligence, incompetence or malpractice contemplated under R.A. 4566 (Constructors’ Licensing Law), as amended, and its Implementing Rules and Regulations Violations and Penalties DOLE D.O. No. 13, Section 19 19.2 In cases of imminent danger situations, the DOLE Regional Director shall issue a stoppage order, in conformance with the guidelines specified under Rule 1012.02 of the OSHS and other pertinent issuances for stoppage of operation or for other appropriate action to abate the danger. Pending the issuance of the order, the employer shall take appropriate measures to protect his workers. The stoppage order shall remain in effect until the danger is removed or corrected. Non-compliance with the order shall be penalized under existing provisions of labor laws. End of Module 1 Thank you!