OCCUPATIONAL SAFETY AND HEALTH

OCCUPATIONAL SAFETY AND HEALTH STANDARDS

By virtue of the powers vested in the Department of Labor and Employment under Article 162 of the Labor Code of the Philippines, this Occupational Safety and Health Standards is hereby promulgated for the guidance and compliance of all concerned. This body of standards rules and regulations shall hereafter be referred to as “Standards”

RULE 1000

GENERAL PROVISION

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1001: Purpose and Scope

(1) The objective of this issuance is to protect every workingman against the dangers of injury, sickness or death through safe and healthful working conditions, thereby assuring the conservation of valuable manpower resources and the prevention of loss or damage to lives and properties, consistent with national development goals and with the State’s commitment for the total development of every worker as a complete human being.

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1002: Definitions

For purposes of this Standards and except as otherwise indicated, the following shall mean:

(1) “Employer” includes any person acting directly or indirectly in the interest of an employer, in relation to an employee, and shall include government-owned or controlled corporationsand institutions, as well as non-profit private institutions or organizations.

(2) “Employee” shall mean any person hired, permitted or suffered to work by an employer.

(3) “Industrial Enterprise” shall mean any workplace, permanent or temporary, including any building or collection of buildings, shed, structure, yard or any other place, where permanently or temporarily one or more persons are employed in any manufacturing of goods or products processing and any other activity similar and incidental thereto.

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(4) “Agricultural Enterprise” shall include forestry and logging operations, farming in all its branches, and among other things, includes cultivation and tillage of the soil, dairying, the production, cultivation, growing and harvesting of any agricultural and horticultural commodities, the raising of livestock and poultry, and any practice performed by a farmer on a farm as an incident to or in conjunction with such farming operations, but does not include the manufacturing or processing of sugar, coconut, abaca , tobacco, pineapple or other farm products.

(5) “Dry Dock” shall include premises where work is performed on shore or on board ships in which ships or vessels are constructed, repaired, refitted, finished or broken up and housed.

(6) “Health” shall connote a sound state of the body and mind of the worker, which enables him to perform his job normally, in a state of well-being.

(7) “Safe or Safety” shall refer to the physical or environmental conditions of work or employment, which substantially comply with the provisions of this Standards.

(8 “Work Accident” shall mean an unplanned or unexpected occurrence that may or may not result in personal injury, property damage, work stoppage or interference or any combination thereof, which arises out of and in the course of employment.

(9) “Work Injury” shall mean any injury or occupational illness suffered by a person, which arises out of or in the course of his employment.

OCCUPATIONAL SAFETY AND HEALTH STANDARDS GENERAL PROVISIONS

(10) ”Occupational Illness” shall mean any illness caused by environmental factors, the exposure to which is characterized or peculiar to a particular process, trade or occupation and to which an employee or worker is not ordinarily subjected to or exposed outside of or away from such employment.

(11) ”Recognized Hazards” are those which do not require technical or testing devices to detect.

(12) ”Workplace” means the office, premises or work site, where the workers are habitually employed and shall include the office or place where the workers, who have no fixed or definite work site, regularly report for assignment in the course of their employment.

(13) ”Approved” shall mean acceptable to the Secretary in writing after proper examination showing compliance with prescribed Standards.

(14) “Code” shall mean the Labor Code P.D. 442 as amended.

(15) “Department” shall mean the Department of Labor and Employment.

(16) “Secretary” shall mean the Secretary of Labor and Employment.

(17) “Bureau” shall mean the Bureau of Working Conditions.

(18) ”Director” shall mean the Director of the Bureau of Working Conditions.

(19) ”Standards” shall mean the Occupational Safety and Health Standards.

(20) ”Enforcement officer” shall mean the industrial safety engineer, the labor regulation officer, or any duly authorized representatives of the Secretary to enforce this Standards.

(21) ”Authorized Representative” shall mean and include chartered cities, municipalities, employees or officials of other government agencies empowered by the Secretary of Labor and Employment to enforce the provisions of this Standards.

1003: Administration and Enforcement

1003.01: Department of Labor and Employment

(1) The Department of Labor and Employment shall administer and enforce the provisions of this Standards.

(2) Every employer shall give to the Secretary or his duly authorized representative access to its premises and records for the purpose of determining compliance with the provisions of this Standards.

(3) Every establishment or place of employment shall be inspected at least once a year to determine compliance with the provisions of this Standards. Special inspection visits, however, may be authorized by the Regional Labor Office or as authorized under Rule 1980 of this Standards, to investigate accidents, occupational illnesses or dangerous occurrences, especially those resulting in permanent total disability or death, to conduct surveys of working conditions requested by the Bureau for the purpose of evaluating and assessing environmental contaminants and physical conditions or to conduct investigations, inspections or follow-up inspections upon request of an employer, worker or a labor union of the establishment.

1003.02

1003.04

1003.03

1003.05

1004 : Special Inspection, Investigation and Review

(1) Any worker or representative of workers or any concerned person who believes that a violation of any provision of this Standards threatens physical harm or imposes imminent danger to life, may request an inspection by giving full particulars or details regarding such violation or danger to the Regional Labor Office or duly authorized representative. If upon appraisal of such notification, the Regional Office or its duly authorized representative finds reasonable ground to believe that a violation has really been committed or danger exists, a special inspection or investigation shall be conducted immediately. The complainant shall be notified in writing of the outcome of such investigation or inspection, immediately upon its completion.

(2) The Secretary of Labor and Employment on his own initiative or on complaints of the workers, shall review any failure or refusal of the Regional Labor Office or duly authorized representative to order compliance or issue recommendation with respect to such complaint or reported violation.

1005: Duties of Employers, Workers and other Persons

(1) Each employer covered by the provisions of this Standards shall:

• a. furnish his workers a place of employment free from hazardous conditions that are causing or are likely to cause death, illness or physical harm to his workers;

• b. give complete job safety instructions to all his workers, especially to those entering the job for the first time, including those relating to the familiarization with their work environment, hazards to which the workers are exposed to and steps taken in case of emergency;

• c. comply with the requirements of this Standards; and

• d. use only approved devices and equipment in his workplace.

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(2) Every worker shall cooperate with the employer in carrying out the provisions of this Standards. He shall report to his supervisor any work hazard that may be discovered inhis workplace.

(3) Every worker shall make proper use of all safeguards and safety devices furnished in accordance with the provisions of this Standards for his protection and that of others, and shall follow all instructions given by the employer in compliance with the provisions of this Standards.

(4) It shall be the duty of any person, including any builder or contractor or enforcement agent, who visits, builds, renovates, or installs devices, or conducts business in any establishment or workplace, to comply with the provisions of this Standards and all regulations of the employer issued there under as well as with other subsequent issuances of the Secretary.

1006: Confidentiality of Trade Secrets

All information reported to or otherwise obtained by the enforcement officer in connection with any inspection or proceedings under this Standards, which contains or might reveal a trade secret, shall be considered confidential except that such information may be revealed in any proceeding where it is required or necessary. 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. 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 Labo 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.

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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, fire fighting, 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, protozoa, nematodes, and other parasites.

RULE 1020

REGISTRATION

1021: General Provisions Every employer as defined in Rule 1002 (1) shall register his business with the Regional Labor Office or authorized representative having jurisdiction thereof to form part of a databank of all covered establishments.

1022: Registrable Unit The establishment regardless of size of economic activity, whether small, medium or large scale in one single location, shall be one registrable unit.

1023: Period of Registration

(1) Existing establishments shall be registered within sixty (60) days after the effectivity of this Standards. (2) New establishments shall register within thirty (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 shall include a layout plan of the place of work floor by floor, in a scale of 1:100 meters white or blue print showing all the physical features 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.

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