Occupational Safety and Health Standards Law | RA No. 11058 | What You Need to Know

Republic Act No. 11058. An Act Strengthening Compliance With Occupational Safety and Health Standards and Providing Penalties for Violations Thereof

Approved on August 17, 2018

Coverage:

• all establishments, project sites, including PEZA establishments;

• all other places where work is being undertaken in all branches of economic activity

• EXCEPTION: Public Sector

Duties of Employers

• 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;

• 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.

• require all workers to undergo a mandatory eight (8) hours safety and health seminar as required by the DOLE

• inform the workers of the hazards associated with their work, health risks involved or to which they are exposed to, preventive measures to eliminate or minimize the risks, and steps to be taken in cases of emergency;

• use only approved devices and equipment for the workplace;

• 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;

• 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;

• provide, where necessary, for measures to deal with emergencies and accidents including first-aid arrangements;

• install safety signage and devices in prominent positions at strategic locations to warn the workers and the public of the hazards in the workplace;

• create and implement an Occupational Safety and Health (OSH) program;

• organize an OSH Committee to ensure that the safety and health program is observed and enforced;

• designate a Safety Officer to ensure that a safety and health program is duly followed and observed;

• have qualified occupational health personnel such as physicians, nurses, certified first-aiders and dentists duly complemented with the required medical supplies, equipment and facilities;

• submit all safety and health reports and notifications prescribed by the DOLE;

• require all safety and health personnel to undergo the mandatory training on basic occupational safety and health for safety officers as prescribed by the DOLE; and

• establish a welfare facility in order to ensure humane working conditions with adequate supply of safe drinking water, sanitary and washing facilities, and suitable living accommodations for workers, as may be applicable.

Duties of Workers

• participate in ensuring compliance with OSH standards in the workplace;

• make proper use of all safeguards and safety devices furnished for the worker's protection and that of others, and shall observe instructions to prevent accidents or imminent danger situations in the workplace; and

• observe the prescribed steps to be taken in cases of emergency;

• report to the supervisor any work hazard that may be discovered in the workplace.

Duties of Other Persons (builder/contractor who visits, builds or renovates, other persons)

• comply with the provisions of this Act and all other regulations issued by the Labor Secretary

• collaborate in the application of OSH standards

Rights of Workers

• right to be informed by the employer about all types of hazards in the workplace and to be provided access to training and education on chemical safety, electrical safety, mechanical safety and ergonomical safety;

• right to refuse unsafe 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;

• right to report accidents, dangerous occurrences, and hazards to the employer, to DOLE, and other concerned government agencies;

• right to personal protective equipment (for the eyes, hands and feet, and lifeline, safety belt or harness, gas or dust respirators or masks, and protective shields whenever necessary by reason of the hazardous work process or environment, chemical, radiological, mechanical, and other irritants or hazards capable of causing injury or impairment through absorption, inhalation or physical contact; PPE must be provided FREE OF CHARGE;

Prohibited Acts

• wilful failure or refusal to comply with required OSH standards or with a compliance order issued by the Labor Secretary -->

• ADMINISTRATIVE FINE of P100,000.00 per day until violation is corrected;

• aids, conceals or facilities wilful noncompliance including:

• repeated obstruction, delay or refusal to provide Labor Secretary or representatives access to covered workplace, or to relevant records and documents;

• misrepresentation in relation to compliance with OSH standards;

• making retaliatory measures;

• ADMINISTRATIVE FINE of P100,000.00 (maximum) in addition to daily fine above.