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OSH Law: Employer Responsibilities and Fines

1. The Occupational Safety and Health Standards Law was signed into law in 2018 to protect Filipino workers from injury, sickness, or death through safe working conditions. 2. It applies to all workplaces and requires employers to implement an Occupational Safety and Health program and have safety committees to oversee the program. 3. The law outlines duties for employers to provide safety training and protective equipment for workers, as well as rights for workers to refuse unsafe work and report hazards. Non-compliant employers may face fines.
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0% found this document useful (0 votes)
53 views3 pages

OSH Law: Employer Responsibilities and Fines

1. The Occupational Safety and Health Standards Law was signed into law in 2018 to protect Filipino workers from injury, sickness, or death through safe working conditions. 2. It applies to all workplaces and requires employers to implement an Occupational Safety and Health program and have safety committees to oversee the program. 3. The law outlines duties for employers to provide safety training and protective equipment for workers, as well as rights for workers to refuse unsafe work and report hazards. Non-compliant employers may face fines.
Copyright
© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd

it was signed into law by President Rodrigo Duterte in August 2018.

The Department of Labor


and Employment (DOLE) released the Implementing Rules and Regulations (IRR) in December
2018 upon the approval of Labor Secretary Silvestre H. Bello III.

The OSH Law provides that each Filipino worker is protected against injury, sickness or death
through safe and healthful working conditions and that employers must promote strict but
dynamic, inclusive, and gender-sensitive measures in the formulation and implementation of
policies and programs related to occupational safety and health.

It applies to all establishments, projects, sites, including Philippine Economic Zone Authority
(PEZA) establishments, and all other workplaces. The exposure to safety and health hazards is
the basis for having High Risk Establishments, Medium Risk Establishments, and Low Risk
Establishments.

All covered workplaces must have an Occupational Safety Health (OSH) Program that is
approved by the DOLE. The OSH Program must have the following:

a. Statement of commitment to comply with OSH requirements;


b. General safety and health, including a drug-free workplace;
c. Human Immunodeficiency Virus (HIV) and Acquired Immune Deficiency Syndrome
(AIDS)/tuberculosis/hepatitis prevention control;
d. Company or project details;
e. Composition and duties of the safety and health committee;
f. Occupational Safety and health personnel and facilities;
g. Safety and health promotion, training and education;
h. Conduct of toolbox meetings;
i. Accident/incident/illness investigation, recording and reporting;
j. Provision and use of personal protective equipment (PPE);
k. Provision of safety signage;
l. Dust control and management, and regulations on activities such as building of temporary
structures, and lifting and operation of electrical, mechanical, communications systems
and other equipment;
m. Provision of workers' welfare facilities;
n. Emergency preparedness and response plan;
o. Waste management system; and
p. Prohibited acts and penalties for violations.

Each workplace must have an OSH Committee to oversee the overall management of the OSH
Program. An OSH Officer must be present in a workplace at all times to ensure the enforcement
of the OSH Program.

The DOLE requires all safety and health personnel to undergo mandatory training on basic OSH
for safety officers. It also requires all workers to undergo the mandatory 8-hour safety and health
seminar that must have a joint employer-employee orientation.
Meanwhile, the OSH Law outlines the duties of employers, contractors, subcontractors, and
those who manage, control, or supervise work:

1. Furnish the workers a place of employment free from hazardous conditions that are
causing or are likely to cause death, illness or physical harm to the workers;
2. Give complete job safety instructions or orientation to all the workers especially to those
entering the job for the first time, including those relating to familiarization with their
work environment;
3. Inform the workers of the hazards associated with their work health risks involved ot to
which they are exposed to, preventive measures to eliminate or minimize the risks, and
steps to be taken in cases of emergency;
4. Use only approved devices and equipment for the workplace;
5. Comply with OSH standards including training medical examination and where
necessary, provision of protective and safety devices such as personal protective
equipment (PPE) and machine guards;
6. Allow workers and their safety and health representatives to participate actively in the
process of organizing, planning, implementing and evaluating the safety and health
program to improve safety and health in the workplace; and
7. Provide, where necessary, for measures to deal with emergencies and accidents including
first-aid arrangements.

Workers also have duties such as following the OSH standards, using the PPEs and other safety
devices, and reporting work hazards to the supervisor. The following rights of workers are
indicated in the OSH Law:

1. Workers' Right to Know. - The right to safety and health at work shall be guaranteed. All
workers shall be appropriately informed by the employer about all types of hazards in the
workplace, and provided access to training and education on chemical safety, electrical
safety mechanical safety, and agronomical safety.
2. Workers' Right to Refuse Unsafe Work. - The worker has the right of refusal to work
without threat or reprisal from the employer if, as determined by the DOLE, an imminent
danger situation exists in the workplace that may result in illness, injury, or death, and
corrective actions to eliminate the danger have not been undertaken by the employer.
3. Workers' Right to Report Accidents. - Workers and their representatives shall have the
right to report accidents, dangerous occurrences, and hazards to the employer, to the
DOLE, and other concerned government agencies exercising jurisdiction as the
competent authority in the specific industry or economic activity.
4. Workers' Right to Personal Protective Equipment (PPE). - Every employer, contractor or
subcontractor, if any, shall provide his workers, free of charge, protective equipment for
their eyes, face, hands and feet, and free, and lifeline, safety belt or harness, gas or dust
respirators or masks, protective shields whenever necessary by reason of the hazardous
work process or environment.

The Labor Secretary and his authorized representatives have the authority to enforce the OSH
Law in all establishments and conduct inspections, investigations, and annual spot audits.
Employers who violate the OSH Law may be fined PHP 100,000 per day of non-compliance.
The collected fines will be used for the conduct of OSH training sessions, education, and other
programs.

Common questions

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The DOLE plays a crucial role in establishing and enforcing the Philippine OSH Law by releasing the Implementing Rules and Regulations (IRR) and ensuring workplaces adhere to specified safety standards. It oversees the training of safety officers, mandates safety seminars for workers, and conducts inspections, investigations, and annual spot audits to ensure compliance. The DOLE is also responsible for imposing fines on non-compliant employers and using the collected funds to enhance OSH training and programs, thereby strengthening the overall enforcement of safety standards .

Incorporating gender-sensitive measures in OSH policies ensures that the diverse needs and risks faced by different gender groups are adequately addressed, leading to more equitable working environments. It can improve the effectiveness of health and safety measures by taking into account gender-specific occupational exposures and health impacts. This approach can enhance the inclusivity of safety programs, ensuring they provide equal protection to all employees, regardless of gender, and reducing gender-related health disparities in occupational settings .

Toolbox meetings are informal group discussions that focus on specific safety issues and are held regularly at the workplace. Their significance lies in reinforcing safety knowledge, discussing potential hazards, and encouraging open communication among workers regarding safety concerns. These meetings serve as a platform for workers to share insights and experiences, which can lead to the identification of previously unnoticed risks and the development of effective prevention strategies. This proactive communication tool supports the continuous improvement of workplace safety .

The required participation of workers in the development and implementation of OSH Programs enhances workplace safety and health by incorporating frontline insights and feedback into practical safety measures. This inclusion fosters a sense of ownership and responsibility among employees towards safety protocols. Additionally, involving workers can lead to better compliance and observance of safety practices due to increased awareness and personal engagement with the program’s objectives. Such participatory schemes empower workers to voice concerns and suggest improvements, which can lead to more effective hazard prevention strategies .

Personal Protective Equipment (PPE) plays a critical role in the OSH Law by providing necessary protection against specific workplace hazards. PPE is required to be provided by employers at no charge and includes items like safety glasses, helmets, gloves, and respiratory protection. The effective use of PPE can significantly reduce the incidence and severity of workplace injuries by acting as a barrier between the worker and potential hazards. By mandating PPE provision and usage, the OSH Law enhances worker safety, potentially lowering injury rates and associated costs for employers due to fewer accidents .

Mandatory training requirements for safety officers and workers contribute to the OSH Law’s objectives by ensuring that all personnel are well-informed about safety protocols and emergency procedures. This training fosters a culture of safety, increases awareness of potential hazards, and enhances the preparedness of staff to handle emergencies effectively. It reduces workplace accidents and ensures that safety practices are consistently applied, maintaining high safety standards across various workplaces .

The OSH Law ensures the protection of workers in high-risk establishments by mandating a comprehensive OSH Program tailored to address the specific hazards associated with their working environment. This includes mandatory safety and health seminars for workers, approved safety devices and equipment usage, and active participation of workers in the formulation and evaluation of safety measures. High-risk establishments must comply with specific requirements like provision and use of PPE and dust control. Specific duties of employers, such as furnishing safe workplace conditions, providing safety instructions, and enabling workers to report hazards without retaliation, are emphasized .

Employers in the Philippines who fail to comply with the OSH standards face a penalty of PHP 100,000 per day of non-compliance. The collected fines are allocated for conducting OSH training sessions, education, and other related programs, serving both as a deterrent against non-compliance and a funding source to improve workplace safety practices across industries .

The key components that must be included in an OSH Program under the Philippine OSH Law are: a statement of commitment to comply with OSH requirements; general safety and health including a drug-free workplace; prevention and control of HIV, AIDS, tuberculosis, and hepatitis; company or project details; composition and duties of the safety and health committee; occupational safety and health personnel and facilities; safety and health promotion, training, and education; conduct of toolbox meetings; accident/incident/illness investigation, recording and reporting; provision and use of personal protective equipment (PPE); provision of safety signage; dust control and management; regulations on activities such as building temporary structures, and operating various systems and equipment; provision of workers' welfare facilities; emergency preparedness and response plan; waste management system; and enumerating prohibited acts and penalties for violations .

Workers can exercise their rights under the OSH Law by refusing to work in unsafe conditions without facing threats of reprisal, reporting accidents and hazards to their employers or the DOLE, and having the right to be adequately informed and educated about workplace hazards. They are also entitled to personal protective equipment at no cost, ensuring a layer of safety against occupational hazards .

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