Employee Health And Safety In The Philippines PDF

PROMOTING EMPLOYEE SAFETY AND HEALTH JUMBLED LETTERS YAFTES JUMBLED LETTERS TLEHAT JUMBLED LETTERS CINCADET JUMBLED LETTERS EFAWREL LEARNING OUTCOMES At the end of the lesson the pre-service teachers are able to: Define and differentiate clearly safety and health through oral recitatio...

PROMOTING EMPLOYEE SAFETY AND HEALTH JUMBLED LETTERS YAFTES JUMBLED LETTERS TLEHAT JUMBLED LETTERS CINCADET JUMBLED LETTERS EFAWREL LEARNING OUTCOMES At the end of the lesson the pre-service teachers are able to: Define and differentiate clearly safety and health through oral recitation. Identify correctly causes of work related accidents and injuries in the workplace through discussion; and Describe, discuss, and explain comprehensively the legal provisions of safety and health in the areas of medical, dental, and occupational safety and health through essay. SAFETY AND HEALTH Employee safety and health programs aim to minimize absences and man power turnover, increase efficiency, and lift confidence by promoting a work environment that is free from hazards that may cause injury and illness. Safety is the condition of being protected from harm or unlikely to cause danger, risk or injury; health, as defined by the World Health Organization (WHO) is the state of complete physical, mental, and social well-being, and not merely the absence of disease or injury. CAUSES OF WORK-RELATED ACCIDENTS AND ILLNESSES: 1 Unsafe working conditions. This refers to mechanical and physical conditions that cause accidents. Hazardous procedures in handling machinery equipment 2. Unsafe acts or the undesirable attitudes of some employees. Throwing of garbage such as banana peels and the like anywhere Failure to wear protective gear such as goggles, safety shoes, laboratory gowns, and the like 3. Other work-related accident factors Job itself Work schedule HEALTH, SAFETY, AND SOCIAL WELFARE BENEFITS TITLE I MEDICAL, DENTAL, AND OCCUPATIONAL SAFETY CHAPTER I MEDICAL AND DENTAL SERVICES ART. 156. First-aid treatment. Every employer shall have first aid medicines and equipment. Employers must also take time to train their employees in the admission of first-aid. ART. 157. Emergency medical and dental services. It is the duty of the employer to furnish his employees in any locality with free medical and and dental attendance and facilities consisting of: (a) the services of full time registered nurse when the employees number exceeds fifty (50) but not more than two hundred (200) except the employer does not maintain a hazardous workplace. In which case, the services of a graduate first aider shall be provided when no registered nurse is available. The Secretary of Labor and Employment shall provide by appropriate regulations, the service shall be required where the number of employees does not exceed fifty (50) and shall determine by the appropriate order, hazardous workplaces for purposes of this Article; (b) the services of a full time registered nurse, a part time physician and dentist, and an emergency clinic, when the number of employees exceeds two hundred (200) but not more than three hundred (300); and (c) the services of a full time physician, dentist and full time registered nurse as well as dental clinic and an infirmary or emergency hospital with one bed capacity for every one hundred (100) employees when the number of employees exceeds three hundred (300). In any case of hazardous workplace, no employer shall engage the services of a physician or a dentist who cannot stay in the premises of the establishment for atleast two (2) hours, in the case of those engaged on parttime basis. Where the undertaking non-hazardous in nature, the physician and dentist may be engage on retainer basis, subject such regulations as the Secretary of Labor and Employment may prescribe to ensure immediate availability of medical dental treatment and attendance in case of emergency (As amended by Presidential Decree NO. 570-A, Section 26). ART. 158. When emergency hospital not required. The requirement for an emergency hospital or dental clinic shall not be applicable in case there is a hospital or dental clinic which is accessible from the employer’s establishment and he makes arrangement for the reservation therein of the necessary beds and dental facilities for the use of his employees ART. 159. Health Program. The physician engaged by an employer shall, in addition to his duties under this Chapter, develop and implement a comprehensive occupational health program for the benefit of the employees of his employer. ART. 160. Qualifications of health personnel. The physicians, dentists and nurses employed by employers pursuant to this Chapter shall have the necessary training in industrial medicine and occupational safety and health. ART. 161. Assistance of employer. It shall be the duty of any employer to provide all the necessary assistance to ensure the adequate and immediate medical and dental attendance and treatment to an injured or sick employee in case of emergency. CHAPTER II OCCUPATIONAL HEALTH AND SAFETY ART. 162. Safety and health standards. The Secretary of Labor and Employment shall, by appropriate orders, set and enforce mandatory occupational safety and health standards to eliminate or reduce occupational safety and health hazards in all workplaces, and institute new, and update existing, programs to ensure safe and healthful working conditions in all places of employment. ART. 163. Research. It shall be the responsibility of the Department of Labor and Employment to conduct continuing studies and research to develop innovative methods, techniques and approaches for dealing with occupational safety and health problems. ART. 164. Training programs. The Department of Labor and Employment shall develop and implement training programs to increase the number and competence of personnel in the field of occupational safety and industrial health. ART. 165. Administration of safety and health laws. The Department of Labor and Employment shall be solely responsible for the administration and enforcement of occupational safety and health laws, regulations and standards in all establishments and workplaces wherever they may be located; however, chartered cities may be allowed to conduct industrial safety inspections of establishments within their respective jurisdictions (b) The Secretary of Labor and Employment may, through appropriate regulations, collect reasonable fees for the inspection of steam boilers, pressure vessels and piping and electrical installations, the test and approval for safe use of materials, equipment and other safety devices and the approval of plans for such materials, equipment and devices. TITLE II EMPLOYEES’ COMPENSATION AND STATE INSURANCE FUND POLICY AND DEFINITIONS . ART. 166. Policy. The State shall promote and develop a tax-exempt employees’ compensation program whereby employees and their dependents, in the event of work- connected disability or death, may promptly secure adequate income benefit and medical related benefits. ART. 167. Definition of terms. As used in this Title, unless the context indicates otherwise: (a) “Code” means the Labor Code of the Philippines instituted under Presidential Decree Numbered four hundred forty-two, as amended. (b) “Commission” means the Employees’ Compensation Commission created under this Title. (c) “SSS” means the Social Security System created under Republic Act Numbered Eleven hundred sixty-one, as amended. (d) “GSIS” means the Government Service Insurance System created under Commonwealth Act Numbered One hundred eighty-six, as amended. (e) “System” means the SSS or GSIS, as the case may be. (f) “Employer” means any person, natural or juridical, employing the services of the employee. (g) “Employee” means any person compulsorily covered by the GSIS under Commonwealth Act Numbered One hundred eighty-six (h) “Person” means any individual, partnership, firm, association, trust, corporation or legal representative thereof. (i) “Dependent” means the legitimate, legitimated or legally adopted or acknowledged natural child who is unmarried, not gainfully employed, and not over twenty-one (21) years of age (j) “Beneficiaries” means the dependent spouse until he/she remarries and dependent children, who are the primary beneficiaries. (k) “Injury” means any harmful change in the human organism from any accident arising out of and in the course of the employment. (l) “Sickness” means any illness definitely accepted as an occupational disease listed by the Commission, or any illness caused by employment subject. (m) “Death” means loss of life resulting from injury or sickness. (n) “Disability” means loss or impairment of a physical or mental function resulting from injury or sickness. (o) “Compensation” means all payments made under this Title for income benefits and medical or related benefits. (p) “Income benefit” means all payments made under this Title to the providers of medical care, rehabilitation services, and hospital care. (q) “Medical benefit” means all payments made under this Title to the providers of medical care, rehabilitation services, and hospital care. (r) “Related benefit” means all payments made under this Title for appliances and supplies. (s) “Appliances” means crutches, artificial aids and other similar devices. (t) “Supplies” means medicine and other medical, dental or surgical items. (u) “Hospital” means any medical facility, government or private, authorized by law, an active member in good standing of the Philippine Hospital Association and accredited by the Commission. (v) “Physician” means any doctor of medicine duly licensed to practice in thePhilippines, (w) “Wages” or “Salary”, insofar as they refer to the computation of benefits defined in Republic Act No. 1161 (x) “Monthly salary credit” means the wage or salary base for contributions as provided in Republic Act Numbered Eleven hundred sixty-one (y) “Average monthly salary credit” in the case of the SSS méans the result obtained by.dividing the sum of the monthly salary credits in the sixtymonth period immediately following the semester of death or permanent disability by sixty (60) (z) "Average daily salary credit” in the case of the SSS means the result obtained by dividing the sum of the six (6) highest monthly salary credits in the twelve- i month period immediately preceding the semester of sickness or injury by one hundred eighty (180) except where the month of injury falls within twelve (12) calendar months from the first month of coverage, in which case it is the result obtained by dividing the sum of all monthly salary credits by thirty (30) times the number of calendar months of coverage in the period. In the case of the GSIS, the average daily salary credit shall be the actual daily salary or wage, or the monthly salary or wage divided by the actual number of working days of the month of contingency. (aa) Quarter means a period of three (3) consecutive months ending on the last days of March, June, September and December. (bb) Semester means a period of two consecutive quarters ending in the quarterof death, permanent disability, injury or sickness. (cc) Replacement ratio - The sum of twenty percent and the quotient obtained by dividing three hundred by the sum of three hundred forty and the averagemonthly salary credit. (dd) Credited years of service - For a member covered prior to January, 1975, nineteen hundred seventy-five minus the calendar year of coverage, plus the number of calendar years in which six or more contributions have been paid from January, 1975 up to the calendar year containing the semester prior to the contingency. For a member covered on or after January, 1975, the number of calendar years in which six or more contributions have been paid from the year of coverage up to the calendar year containing the semester prior to the contingency. (ee) Monthly income benefit means the amount equivalent to one hundred fifteen percent of the sum of the average monthly salary credit multiplied by the replacement ratio, and one and a half percent of the average monthly salary credit for each credited year of service in excess of ten years: Provided, that the monthly income benefit shall in no case be less than two hundred fifty pesos. COVERAGE AND LIABILITY ART. 168. Compulsory coverage. Coverage in the State Insurance Fund shall be compulsory upon all employers and their employees not over sixty (60) years of age. ART. 169. Foreign employment. The Commission shall ensure adequate coverage of Filipino employees employed abroad, subject to regulations as it may prescribe. ART. 170. Effective date of coverage. Compulsory coverage of the employer during the effectivity of this Title shall take effect on the first day of his operation, and that of the employee, on the date of his employment. ART. 171. Registration. Each employer and his employees shall register with the System in accordance with its regulations. COVERAGE AND LIABILITY ART. 172. Limitation of liability. The State Insurance Fund shall be liable for compensation to the employee or his dependents, except when the disability or death was occasioned by the employee's intoxication, willful intention to injure or kill himself or another, notorious negligence, or otherwise provided under this Title. ART. 173. Extent of liability. Unless otherwise provided, the liability of the State Insurance Fund under this Title shall be exclusive and in place of all other liabilities of the employer to the employee, his dependents or anyone otherwise entitled to receive damages on behalf of the employee or his dependents. COVERAGE AND LIABILITY ART. 174. Liability of third party/ies. (a) When the disability or death is caused by circumstances creating a legal liability against a third party, the disabled employee or the dependents, in case of his death, shall be paid by the System under this Title. (b) Where the System recovers from such third party damages in excess of those paid or allowed under this Title, such excess shall be delivered to the disabled employee or other persons entitled thereto, after deducting the cost of proceedings and expenses of the System. COVERAGE AND LIABILITY ART. 175. Deprivation of the benefits. Except as otherwise provided under this Title, no contract, regulation or device whatsoever shall operate to deprive the employee or his dependents of any part of the income benefits and medical or related services granted under this Title. Existing medical services being provided by the employer shall be maintained and continued to be enjoyed by their employees. ADMINISTRATION ART. 176. (a) The Employees’ Compensation Commission, consisting of five exofficio members (Secretary of Labor and Employment as Chairman, GSIS General Manager, SSS Administrator, Chairman of the Philippine Medical Care Commission, and ECC Secretariat's Executive Director) and two appointed members representing employees and employers, is established to oversee and streamline policies for the employees’ compensation program. The President appoints the two members for a six-year term, requiring at least five years of experience in workmen's compensation or social security programs. Vacancies are filled for the remaining term only. ADMINISTRATION ART. 176. (b) The Commission's Vice Chairman will rotate annually between the GSIS General Manager and the SSS Administrator. A quorum consists of four members. Each member attending a meeting will receive a per diem of two hundred pesos, excluding travel and representation expenses. In case of absence, a member can designate a full-time official from their institution as a representative to act on their behalf. (c) The general conduct of the operations and management functions of the GSIS or SSS under this Title shall be vested in its respective chief executive officers, who shall be immediately responsible for carrying out the policies of the Commission. ADMINISTRATION ART. 176. (c) The overall operations and management functions of the GSIS or SSS as per this Title will be under the authority of their respective chief executive officers. These officers are directly accountable for implementing the Commission's policies. (d) The Commission shall have the status and category of a government corporation, and it is hereby deemed attached to the Department of Labor and Employment for policy coordination and guidance. (As amended by Section 2, Presidential Decree No. 1368). ADMINISTRATION ART. 177. Powers and duties. - The Commission shall have the following powers and duties: (a) To assess and fix a rate of contribution from all employers; (b) To determine the rate of contribution payable by an employer whose records show a high frequency of work accidents or occupational diseases due to failure by the said employer to observe adequate safety measures; (c) To approve rules and regulations governing the processing of claims and the settlement of disputes arising therefrom as prescribed by the System; (d) To initiate policies and programs toward adequate occupational health and safety and accident prevention in the working environment, rehabilitation other than those provided for under Article 190 hereof, and other related programs and activities, and to appropriate funds therefor; (As amended by Section 3, Presidential Decree No. 1368); ADMINISTRATION (e) To make the necessary actuarial studies and calculations concerning the grant of constant help and income benefits for permanent disability or death. (f) To appoint the personnel of its staff, subject to civil service law and rules, but exempt from WAPCO law and regulations. (g) To adopt annually a budget of expenditures of the Commission and its staff chargeable against the State Insurance Fund. (h) To have the power to administer oath and affirmation, and to issue subpoena in connection with any question or issue arising from appealed cases under this Title. (i) To sue and be sued in court; ADMINISTRATION (e) To make the necessary actuarial studies and calculations concerning the grant of constant help and income benefits for permanent disability or death. (f) To appoint the personnel of its staff, subject to civil service law and rules, but exempt from WAPCO law and regulations. (g) To adopt annually a budget of expenditures of the Commission and its staff chargeable against the State Insurance Fund. (h) To have the power to administer oath and affirmation, and to issue subpoena in connection with any question or issue arising from appealed cases under this Title. (i) To sue and be sued in court; ADMINISTRATION ART. 178. Management of funds. All revenues collected by the System under this Title shall be deposited, invested, administered and disbursed in the same manner and under the same conditions, requirements, and safeguards as provided by Republic Act Numbered eleven hundred sixty-one ART. 179. Investment of funds. Provisions of existing laws to the contrary not withstanding, all revenues as are not needed to meet current operational expenses under this Title shall be accumulated in a fund to be known as the State Insurance Fund, which shall be used exclusively for payment of the benefits under this Title, and no amount thereof shall be used for any other purpose. ADMINISTRATION ART. 180. Settlement of Claims. The System shall have original and exclusive jurisdiction to settle any dispute arising from this Title with respect to coverage, entitlement, to benefits, collection and payment of contributions and penalties thereon. ART. 181. Review. Decisions, orders or resolutions of the Commission may be reviewed on certiorari by the Supreme Court on question of law upon petition of an aggrieved party within ten (10) days from notice thereof. ART. 182. Enforcement of decisions. (a) Any decision, order or resolution of the Commission shall become final and executory if no appeal is taken therefrom within ten (10) days from notice thereof. ADMINISTRATION (b) In all other cases, decision, orders, and resolutions of the Commission which have become final end executory shall be enforced and executed in the same manner as decisions of the Court of first instance. CONTRIBUTIONS ART. 183. Employer’s contributions. (a) Under such regulations as the System may prescribe at the beginning of the last day of the month when the employee coverage takes effect, the employer shall prepare to remit to the System one percent of his monthly salary credit. (b) The rate of contribution shall be reviewed periodically and subject to the limitations provided, may be revised as the experience in risk, cost of administration actual or anticipated as well as losses may require. (c) Contributions under this Title shall be paid in their entirety by the employer, any other contract or device for deduction from the wages or salaries of employees shall be null and void. (d) When a covered employee dies, becomes disabled or is separated from employment, his employer’s obligation to pay for contributions shall cease. ART. 184. Government. guarantee. The Republic of the Philippines guarantees the benefits prescribed under this Title, and accepts general responsibility for the solvency of the State Insurance Fund. In case of any deficiency, the same shall be covered by supplemental appropriations from the national government. MEDICAL BENEFITS ART. 185. Medical services. Immediately after an employee contracts sickness or sustains an injury, he shall be provided by the System during the subsequent period of his disability with such medical services and appliances. ART. 186. Liability. The System shall have the authority to choose or order a change of physician, hospital or rehabilitation facility for the employee, and shall not be liable for compensation for any aggravation of the employee's injury or sickness ART. 187. Attending physician. Any physician attending an injured or sick employee shall comply with all the regulations of the System and submit reports in prescribed forms at such time as may be required concerning his condition or treatment. MEDICAL BENEFITS ART. 188. Refusal of examination or treatment. If the employee unreasonably refuses to submit to medical examination or treatment, the System shall stop the payment of further compensation during such time as such refusal continues. ART. 189. Fees and other charges. All fees and other charges for hospital services, medical care and appliances, including professional fees, shall not be higher than those prevailing: in wards of hospitals for similar services to injured or sick persons in general and shall be subject to the regulations of the Commission. MEDICAL BENEFITS ART. 190. Rehabilitation services. (a) The System shall, as soon as practicable, establish a continuing program, for the rehabilitation of injured and handicapped employees who shall be entitled to rehabilitation services, which shall consist of medical, surgical or hospital treatment, including appliances if they have been handicapped by the injury, to help them become physically independent. (b) As soon as practicable, the System shall establish centers equipped and staffed to provide a balanced program of remedial treatment, vocational assessment and preparation designed to meet the individual needs of each handicapped employee to restore him to suitable employment, including assistance as may be within its resources, to help each rehabilitee to develop his mental, vocational or social potential. MEDICAL BENEFITS ART. 191. Temporary total disability. (a) Under such regulations as the Commission may*approve, any employee under this Title who sustains an injury or contracts sickness resulting in temporary total disability shall, for each day of such a disability or fraction thereof, be paid by the System an income benefit equivalent to ninety percent of his average daily salary credit subject to the following conditions: the daily income benefit shall not be less than Ten Pesos nor more than Ninety Pesos, nor paid for a continuous period longer than one hundred twenty days, except as otherwise provided for in the Rules, and the System shall be notified of the injury or sickness. (b) The payment of such income benefit shall be in accordance with the regulations of the Commission. MEDICAL BENEFITS ART. 192. Permanent total disability. (a) Under such regulations as the Commission may approve, any employee under this Title who contracts sickness or sustains an injury resulting in his permanent total disability shall, for each month until his death, be paid by the System during such a disability, an amount equivalent to the monthly income benefit, plus ten percent thereof for each dependent child, but not exceeding five, beginning with the youngest and without substitution (b) The monthly income benefit shall be guaranteed for five years, and shall be suspended if the employee is gainfully employed, or recovers from his permanent total disability, or fails to present himself for examination at least once a year upon notice by the System MEDICAL BENEFITS The following disabilities shall be deemed total and permanent: (1) Temporary total disability lasting continuously for more than one hundred twenty days, except as otherwise provided for in the Rules: (2) Complete loss of sight of both eyes; (3) Loss of two limbs at or above the ankle or wrist; (4) Permanent complete paralysis of two limbs; (5) Brain injury resulting in incurable imbecility or insanity; and (6) Such cases as determined by the Medical Director of the System and approved by the Commission. MEDICAL BENEFITS (d) The number of months of paid coverage shall be defined and approximated by a formula to be approved by the Commission. ART. 193. Permanent partial disability. (a) Under such regulations as the Commission may approve, any employee under this Title who contracts sickness or sustains an injury resulting in permanent partial disability shall, for each month not exceeding the period designated herein, be paid by the System during such a disability an income benefit for permanent total disability. (b) The benefit shall be paid for not more than the period designated in the following schedules: Complete & Permanent loss of the use of: One Thumb One Index Finger One Middle Finger One Ring Finger One Little Finger One Big Toe One Toe One Hand One Arm One Foot One Leg One Ear Both Ears Hearing of One Ear Hearing of Both Ears Sight of One Eye Number of Months 10 8 16 5 3 6 3 39 50 31 46 10 20 10 50 25 (c) A loss of a wrist shall be considered as a loss of the hand, and a loss of an elbow shall be considered as a loss of the arm. A loss of an ankle shall be considered as loss of a foot, and a loss of a knee shall be considered as a loss of the leg. A loss of more than one joint shall be considered as a loss of onehalf of the whole finger or toe: Provided, that such a loss shall be either the functional loss of the use or physical loss of the member. (d) In case of permanent partial disability less than the total loss of the member specified in the preceding paragraph, the same monthly income benefit shall be paid for a portion of the period established for the total loss of the member in accordance with the proportion that the partial loss bears to the total loss. If the result is a decimal fraction, the same shall be rounded off to the next higher integer. TITLE III MEDICARE ART. 209. Medical care. The Philippine Medical Care Plan shall be implemented as provided under RAN# Sixty-One Hundred Eleven, as amended.