Ra 11058
Ra 11058
COMPLIANCE
WITH OCCUPATIONAL SAFETY AND
HEALTH STANDARDS
STANDARDS AND PROVIDING
PENALTIES
PENALTIES FOR VIOLATIONS
VIOLATIONS (RA 11058)
(2) Give complete job safety instructions 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 or to which they are exposed to, preventive
measures to eliminate or minimize the risks, and steps to be taken
in case of emergency;
DUTIES OF EMPLOYERS, WORKERS
AND OTHER PERSONS
RA 11058 Proposed IRR
• Every employer contractor or subcontractor, … • Register establishment to DOLE as provided under the
shall: OSH standards;
(1) Furnish the workers a place of employment free • Equip a place of employment for workers free from
from hazardous conditions that are causing or hazardous conditions that are causing or are likely to
are likely to cause death, illness, or physical cause death, illness or physical harm to the workers;
harm to the workers; • Provide complete job safety instructions and proper
(2) Give complete job safety instructions to all the orientation to all workers including, but not limited to,
workers, especially to those entering the job for those relating to familiarization with their work
the first time, including those relating to environment;
familiarization with their work environment; • Provide training for workers pertaining to health
promotion, hazards associated with their work, health
• (3) Inform the workers of the hazards risks involved or to which they are exposed to,
associated with their work, health risks involved preventive measures to eliminate or minimize risks,
or to which they are exposed to, preventive steps to be taken in cases of emergency, and safety
measures to eliminate or minimize the risks, and instructions for the jobs, activities and tasks to be
steps to be taken in case of emergency; handled by workers in a language and dialect that
workers can understand. These trainings shall include
orientation on the company’s OSH program, including
trainings recommended by the OSH committee;
DUTIES OF EMPLOYERS, WORKERS
AND OTHER PERSONS
RA 11058 Proposed IRR
(4) Use only approved devices and equipment for the • Ensure that, so far as is reasonably practicable, the chemical,
workplace; physical and biological substances and agents, and ergonomic
and psychosocial stresses under their control are without risk to
(5) Comply with OSHS including training, medical health when the appropriate measures of protection are taken;
examination, and where necessary provision of • Use only approved specific industry set of standards of devices
protective and safety devices such as personal and equipment for the workplace, as applicable;
protective equipment (PPE) and machine guards; • Comply with OSH standards including training, medical
(6) Allow workers and their safety and health examination, and when necessary, provisions on protective and
representatives to participate actively in the process safety devices such as PPE and machine guards, provided that
of organizing, planning, implementing and PPE shall bear no cost to workers and must be of appropriate
evaluating the program to improve the safety and type and fitting;
health in the workplace; • Make arrangements for workers and their representatives to
have the time and resource to participate actively in the
(7) Provide, where necessary, for measures to deal with processes of organizing, planning and implementation,
emergencies and accidents, including first-aid monitoring, evaluation and action for improvement of the OSH
arrangements. management system;
• Provide, when necessary, for measures identifying trainings and
drills, evacuation plans, etc., to deal with emergencies, fires and
accidents including first-aid arrangements; and
• Comply with all reportorial requirements of the OSH standards.
DUTIES OF EMPLOYERS, WORKERS
AND OTHER PERSONS
RA 11058 Proposed IRR
(b) Every worker shall participate in ensuring • Participate in capacity building activities on
compliance with OSHS in the workplace. safety and health and other OSH related topics
and programs;
• The worker shall make proper use of all • Proper use of all safeguards and safety devices
safeguards and safety devices furnished for
his/her protection and that of others and shall furnished for workers’ protection and that of
observe instructions to prevent accidents or others;
imminent danger situation in the workplace. • Comply with instructions to prevent accidents or
imminent danger situations in the workplace;
• They shall observe the prescribed steps to be • Observe prescribed steps to be taken in cases of
taken in case of emergency. emergency including participation in the conduct
of national or local disaster drills; and
• The worker shall report to the supervisor any
work hazard that may be discovered in the • Report to their immediate supervisor or any
workplace. other responsible safety and health personnel
any work hazard that may be discovered in the
workplace.
DUTIES OF EMPLOYERS, WORKERS
AND OTHER PERSONS
RA 11058 Proposed IRR
• (c) It shall be the duty of any person, including • Duties of Other Persons. – It shall be the duty
the builder or contractor who visits, builds, of any person, including the builder or
renovates, or installs devices or conducts contactor who visits, builds, renovates or
business in any establishment or workplace, to installs devices or conducts business in any
comply with the provisions of this Act and all
other regulations issued by the Secretary of establishments or workplace, to comply with
Labor and Employment. the provisions of this Rules and all other
regulations issued by the Secretary of Labor
• (d) Whenever two or more undertakings are and Employment.
engaged in activities simultaneously in one •
workplace, it shall be the duty of all engaged
to collaborate in the application of OSH • Whenever two (2) or more undertakings are
standards and regulations. engaged in activities simultaneously in one (1)
workplace, it shall be the duty of all engaged
to collaborate and cooperate to assure
compliance with OSH standards and
regulations.
WORKERS’ RIGHT TO KNOW
RA 11058 Proposed IRR
• The right to safety and health at • It shall be the duty of employers to provide training for all types of hazards
work shall be guaranteed in the workplace and provide information for the same in a language and
dialect that workers can understand.
• All workers shall be • Employers are encouraged to conduct daily toolbox meeting or any
appropriately informed by the equivalent safety meeting before commencement of work to discuss work-
employer about all types of related hazards, risks, precautions and relevant applicable procedures to
ensure safety and health in the workplace. A re-orientation on safety and
hazards in the workplace, and
health for workers in hazardous establishments must be conducted
provided access to training and regularly, not less than once a quarter and to be conducted immediately
education on chemical safety and following any changes in the operations and production process.
to orientation on data sheet of • Information materials used pursuant to this Section shall be made readily
chemical safety, electrical safety, available and accessible to workers.
mechanical safety, and • New-hired workers shall be provided instructions, orientations and trainings
prior to start of work. The instructions, orientations, and trainings shall be
ergonomical safety. properly documented by the employer, and shall be included in the
permanent records of the worker in the establishment.
• Trainings shall be at no cost on the worker and considered as compensable
working time.
WORKERS’ RIGHT TO REFUSE TO UNSAFE WORK
RA 11058 Proposed IRR
• The worker has the right of • The worker has the right of refusal to work without threat or reprisal from the
refusal to work without threat or employer if, as determined by DOLE, following a determination from the safety
reprisal from the employer if, as officer of the establishment, that an imminent danger situation exists. The
latter cannot require the workers to return to work where there is continuing
determined by the DOLE, an imminent danger to life or health.
imminent danger situation exists • Workers affected by the existence of an imminent danger situation may be
in the workplace that may result temporarily assigned to perform other tasks in other areas within the
to illness, injury or death, and workplace provided there is no impending issue with safety and health.
corrective actions to eliminate the • Immediate notification to DOLE by the safety officer or worker not later than
danger have not been undertaken twenty-four (24) hours that an imminent danger situation exists in the
by the employer. workplace shall suffice to give rise to worker’s right to refuse unsafe work.
• After the conduct of OSH Investigation, a worker may refuse to work until the
lifting of the Work Stoppage Order (WSO). The lifting of the WSO determines
that a sufficient corrective action has been implemented.
• Section 23 of this Rules shall apply during the period of such WSO or
suspension of operations due to an imminent danger situation provided there
was an immediate notification to DOLE within the period stated herein
pursuant to the Rules implementing Article 128 of the Labor Code, as
renumbered.
WORKERS’ RIGHT TO REPORT ACCIDENTS
RA 11058 Proposed IRR
• Workers and their representatives shall have • Workers and their representatives shall have the
the right to report accidents, dangerous right to report accidents, dangerous occurrences,
occurrences, and hazards to the employer, to and hazards to the employer, to DOLE and to
the DOLE and to other concerned government other concerned government agencies exercising
agencies exercising jurisdiction as the jurisdiction as the competent authority in the
competent authority in the specific industry or specific industry or economic activity. There shall
economic activity. be no retaliation from the part of the employer
pursuant to the reporting of any accident.
•
• Reporting of accidents to DOLE may be made
through any means of communication, including
the DOLE hotline, whichever is most convenient
to the worker. The same may be reported to the
nearest DOLE Regional, Field, Provincial or
Satellite Office having jurisdiction over the place
of the incident.
WORKERS’ RIGHT TO PERSONAL
PROTECTIVE EQUIPMENT (PPE)
RA 11058 Proposed IRR
• Every employer shall provide their workers, • Every employer, contractor or subcontractor , if any, shall
free of charge, protective equipment for provide his/her workers, free of charge, PPE for any part of the
their eyes, face, hands and feet, and lifeline, body that may be exposed to hazards, and lifeline, safety belt or
safety belt or harness, gas or dust harness, gas or dust respirators or masks, and protective shields
respirators or masks, and protective shields whenever necessary by reason of the hazardous work process
whenever necessary by reason of the or environment, chemical, radiological, mechanical, and other
hazardous work process or environment, irritants or hazards capable of causing injury or impairment in
chemical, radiological, mechanical and the function of any part of the body through absorption,
other irritants or hazards capable of causing inhalation or physical contact. The cost of PPE shall be part of
injury or impairment in the function of any the safety and health program which is a separate pay item
part of the body through absorption, pursuant to Section 20 of this Rules.
inhalation or physical contact. • All PPE shall be of the appropriate type as tested and approved
by the DOLE based on its standards and/or other means of
verification.
• The usage of PPE in all establishments, projects, sites and all
other places where work is being undertaken shall be based on
the evaluation and recommendation of the safety officers.
WORKERS’ RIGHT TO PERSONAL
PROTECTIVE EQUIPMENT (PPE)
RA 11058 Proposed IRR
• The cost of the PPE shall be part of • Evaluations and recommendations of a safety officer on
the safety and health program the types of PPE to be adopted in a specific work
which is a separate pay item environment shall be based on the results of the
pursuant to Section 19 of this Act. workplace hazard assessment.
• It shall be the responsibility of employers to provide the
• All PPE shall be of the appropriate appropriate health evaluation for fitness to wear PPE,
type as tested and approved by the particularly on respirators and masks. All PPE must be of
DOLE based on its standards. The appropriate size, weight, and type to specific workers
usage of PPE in all establishments, exposed to hazards from which PPE are meant to ensure
projects, sites and all other places effective protection. Issuance of PPE shall be
where work is being undertaken supplemented by training on the application, use,
shall be based on the evaluation handling, cleaning and maintenance of said PPE in
and recommendation of the safety accordance with the manufacturer’s recommendations.
officer. PPE training shall be in accordance with what is prescribed
in the OSH standards.
• Absence of PPE in an imminent danger situation shall give
rise to the right of worker to refuse unsafe work.
SAFETY SIGNAGE AND DEVICES
RA 11058 Proposed IRR
• All establishments, projects, sites and all • All establishments, projects, sites and all
other places where work is being other places where work is being
undertaken shall have safety signage undertaken shall have safety signage and
and devices to warn the workers and devices to warn the workers and the
the public of the hazards in the public of the hazards in the workplace.
workplace. Safety signage and devices shall be posted
in prominent positions at strategic
• Safety signage and devices shall be
locations in a language understandable to
posted in prominent positions at
all, and in accordance with the OSH
strategic locations in a language
standards set by DOLE. All signage shall
understandable to all and in accordance
also be of appropriate quality to ensure
with the standards set by the DOLE.
their legibility.
SAFETY IN THE USE OF EQUIPMENT
RA 11058 Proposed IRR
• In relation to the use of • In relation to the use of equipment, such as but not limited
equipment, the employer must to, earth moving equipment, heavy duty equipment,
comply with the DOLE materials handling equipment, and construction equipment,
requirements in the different the employer, contractor or subcontractor, if any, must
phases of the company or project comply with the OSH standards set by DOLE on safety and
operation, including the use of such equipment in the different phases of the
transport to and from the company or project operation including the transport to and
establishment, project, site or from the establishment, project, site or place where work is
place where work is being being undertaken. Appropriate training and certification by
undertaken. the Technical Education and Skills Development Authority
(TESDA), Professional Regulation Commission (PRC) or other
concerned government agency shall be a requirement for
operators before use of equipment, if applicable. Trainings
provided by international organizations or suppliers if not
locally available, shall be recognized by the DOLE.
OCCUPATIONAL SAFETY AND HEALTH INFORMATION
RA 11058 Proposed IRR
• Workers in all establishments, • Workers in all establishments, projects, sites and all other places where
projects, sites and all other places work is being undertaken shall be provided adequate and suitable
where work is being undertaken shall information by the employer, contractor or subcontractor, if any, on the
be provided adequate and suitable following:
information by the employer •
contractor or subcontractor, if any, on • Workplace hazards and the risk posed on the safety and health of the
safety and health standards, and the workers such as chemical safety data sheets;
appropriate measures, including the
probable location of workers for the • Results of Work Environment Measurements (WEM);
prevention, control, and protection • Control mechanisms in place that reduces or minimizes the risk of
against those hazards. exposure to hazards and other preventive strategies (e.g., training on
specific hazards, medical monitoring tests, immunization and control of
lifestyle-related diseases);
• Appropriate measures, including the probable location of workers, for
the prevention, control and protection against those hazards; or
• Emergency and disaster management protocols including proper
evacuation and shut-down procedures.
safety officers shall be Safety Officer 1 Mandatory eight (8)-hour OSH Orientation Course -
proportionate to the total number (SO1)
Safety Officer 2 Mandatory forty (40)-hour Basic OSH Training Course -
of workers and equipment, the size (SO2) applicable to the industry
of the work area, and such other Safety Officer 3 a. Mandatory forty (40)-hour Basic OSH training At least two (2) years of
criteria as may be prescribed by the (SO3) course applicable to the industry; experience in OSH
b. Additional forty-eight (48)-hour
DOLE. Advanced/Specialized Occupational Safety Training
Course relevant to the industry; AND
c. Other requirements as prescribed by the OSH
In the case of contractor or standards.
subcontractor, a safety officer must Safety Officer 4 a. Mandatory forty (40)-hour OSH training course Actual experience as SO3
be deployed at each specific area of (SO4) applicable to the industry; for at least four (4) years
operations to oversee the b. Additional eighty (80)-hour advanced/specialized
occupational safety training course relevant to the
management of the safety and industry,
health program for its own c. Aggregate of three hundred twenty (320) hours of
workforce. OSH related training or experience (additional
training may be converted to years of experience
where eighty (80) hours equals one (1) year or vice
versa); AND
d. Other requirements as prescribed by the OSH
standards.
SAFETY OFFICER
Proposed IRR
• Classification and minimum number of safety officer for all covered
workplaces shall be as follows:
Number of Workers Low Risk Medium Risk High Risk
1 to 9 One (1) SO1 One (1) SO1 One (1) SO2
10 to 50 One (1) SO1 One (1) SO3
One (1) SO2
51 to 99
One (1) SO2 and One (1)
One (1) SO2 One (1) SO2 and One (1)
100 to 199 SO3
SO3
Two (2) SO2 and One (1) One (1) SO2 and Two (2)
251 to 500 Two (2) SO3
SO3 SO3
Two (2) SO2 and One
501 to 750 One (1) SO2 and Two
(1) SO3 Two (2) SO3
(2) SO3
751 to 1000 Two (2) SO3
Every additional 250 or fraction
- - Additional One (1) SO3 or SO4
thereof
OCCUPATIONAL HEALTH PERSONNEL
AND FACILITIES
RA 11058 Proposed IRR
• Covered workplaces shall have qualified • Covered workplaces shall have qualified
occupational health personnel such as occupational health personnel such as
physicians, nurses, certified first-aiders, and certified first-aiders, nurses, dentists, and
dentists duly complemented with the physicians duly complemented with the
required medical supplies, equipment, and required medical supplies, equipment and
facilities. facilities. The number of health personnel,
which may be classified as full time (FT) or
part-time (PT), equipment and facilities, and
• The number of health personnel, equipment, the amount of supplies shall be proportionate
and facilities, and the amount of supplies to the total number of workers and the risk or
shall be proportionate to the total number hazard involved in the workplace, the ideal
of workers and the risk or hazard involved, ratio of which shall be as follows:
the ideal ratio of which shall be prescribed
by the DOLE.
Low Risk Medium to High Risk
Number of
OH OH Dentist OH OH OH OH
Workers First-Aider First-Aider
Nurse Physician Nurse Dentist Physician
1-9 1 - - - 1 - - -
10-50 1 - - - 1 - - -
51-99 1 - 2 1 FT 1 PT
1 FT 1 PT and
100-199 Additional Additional 2 PT
1 FT
of 1 for of 1 for
every 100 every 50
1 PT 2 PT
worker or a worker or a 1 PT and
200-250 fraction 2 FT fraction and
1 FT
thereof 1 thereof 1 FT 1
2 PT and
251-500 Additional 2 PT Additional
1 FT
of 1 for of 1 for
2 PT
501-750 every 100 every 50
2 FT and
worker or a 3 PT or 1 PT worker or a 3 PT and
1 FT
fraction and 1 FT fraction 1 FT
751-1000
thereof thereof
2 PT and
2 PT,
1001-2000 1 FT DOLE Certified OSH 1 FT, and 1 FT DOLE
Certified OSH practitioner
practitioner
Additional Additional
of 1 for every of 1 for every
100 worker 4 PT and 50 worker or
2 FT and 1 FT DOLE
> 2001 or a fraction 1 FT DOLE Certified OSH a fraction Certified OSH practitioner
Every 250
workers or a 1 FT - - 1 FT or 4 PT
fraction thereof
Additional Additional
Every 500 of 1 for every of 1 for every
workers or a 100 worker - - 50 worker or 1 FT
fraction thereof or a fraction a fraction
thereof thereof
For OH nurses: PT = 4h/d, 3d/w; FT = 8h/d, 5d/w to be placed in shift with the highest number of workers
For OH dentists: Establishments employing fifty (50) or more workers are required to have one OH dentist. Alternatively,
establishments can enter into a Memorandum of Agreement (MOA) for dental services for workers; provided that the requirements
for dental facilities are met.
For OH physicians: PT = 4h/d, 3d/w; FT = 8h/d, 6d/w in shift with the highest number of workers. If more than 1 PT physician was
required, a physician must be present in all work days of the establishment.
Proposed IRR
• The employer may not establish an emergency hospital or dental
clinic in the workplace where there is a hospital or dental clinic
which is located not more than five (5) kilometers away from the
workplace, accessible in not more than twenty-five (25) minutes
travel time, and the employer has facilities readily available for
transporting workers to the hospital or clinic in cases of emergency.
For this purpose, the employer shall enter into a written contract
with the hospital or dental clinic for the use of such hospital or
dental clinic for the treatment of workers in cases of emergency.
However, this shall not excuse the employer from maintaining in
his/her workplace a first aid treatment room or clinic for workers
which shall be as follows:
Low Risk Medium to High Risk
Number of
Workers First aid Clinic First Clinic
treatment room (number of beds) treatment room (number of beds)
1-9 - 1 -
10-50 1 - 1 -
51-99 2 1
1
100-199
200-250 2
2
251-500
Additional 1 for
501-750 Additional 1 for
every 100 worker
Additional 1 for every 50 worker or Additional 1 for
751-1000 or a fraction
every 200 worker a fraction thereof every 100 worker
1001-2000 thereof
or a fraction there or a fraction there
> 2001 of 1 full time of 1 full time
SAFETY AND HEALTH TRAINING
RA 11058 Proposed IRR
(a) All safety and health personnel shall • All safety and health personnel shall undergo the
undergo the mandatory training on basic mandatory orientation or training on OSH as
occupational safety and health for safety prescribed by DOLE. Said training shall be
officers as prescribed by the DOLE. evidenced by the issuance of a certification by
DOLE or a DOLE-Accredited Training
(b) All workers shall undergo the mandatory 8 Organization. Curricula for training covered under
hours safety and health seminar as required this Section shall be prescribed by DOLE. The
by the DOLE following are the minimum prescribed training or
orientation for all safety and health personnel:
• (c) All personnel engaged in the operation, Safety Officer 1 : Mandatory eight (8)-hour OSH orientation
erection, and dismantling of equipment and course applicable to its industry such as:
scaffolds, structural erections, excavations, General Industry – Basic OSH Orientation
blasting operations, demolition, confined Course,
spaces, hazardous chemicals, welding, and Construction Industry – Construction OSH
flame cutting shall undergo specialized
Orientation Course,
instruction and training on the said activities.
Maritime Industry – Maritime OSH
Orientation Course, or
Other industry specific course as may be
prescribed.
Safety Officer 2 : Mandatory forty (40)-hour OSH training cou Safety Officer 4 : a. Mandatory forty (40)-hour OSH training
rse applicable to its industry such as: course applicable to its industry such as:
General Industry – Basic OSH Training Co General Industry – Basic OSH Training C
urse, ourse,
Construction Industry – Construction OS Construction Industry – Construction OS
H Training Course, H Training Course,
Maritime Industry – Maritime OSH Traini Maritime Industry – Maritime OSH Traini
ng Course, or ng Course, or
Other industry specific mandatory trainin Other industry specific mandatory traini
g as may be prescribed. ng as may be prescribed;
Safety Officer 3 : a. Mandatory forty (40)-hour OSH training a. Advanced/Specialized eighty (80)-hour O
course applicable to its industry such as: ccupational Safety Training Course (e.g.,
General Industry – Basic OSH Training Co industrial hygiene, safety audit, accident
urse, investigation, OSH programming, chemic
Construction Industry – Construction OS al safety, etc.);
H Training Course, b. Aggregate of three hundred twenty (320
Maritime Industry – Maritime OSH Traini ) hours of OSH related training or experi
ng Course, or ence (additional training may be convert
Other industry specific mandatory trainin ed to years of experience where eighty (
g as may be prescribed; 80) hours equals one (1) year or vice ver
a. Advanced/Specialized forty (40)-hour Oc sa); AND
cupational Safety Training Course (e.g., i c. Other requirements as prescribed by the
ndustrial hygiene, safety audit, accident i OSH standards.
nvestigation, OSH programming, chemic
al safety, etc.); AND
b. Other requirements as prescribed by the
First-Aider : Standard first aid training
OH Nurse : At least forty (40)-hour Basic OSH training course for OH Nurses
OH Physician : At least fifty-six (56)-hour Basic OSH training course for OH Physicians
All workers shall undergo the mandatory eight (8) hours safety and health orientation course as required by DOLE which
shall be jointly participated by workers and employers. Standardized training module for safety and health personnel shall
be implemented and updated regularly as necessary. The mandatory workers’ OSH seminar may be conducted by the safet
y officer of the establishment or any certified OSH practitioner or consultant.
All personnel engaged in the operation, erection and dismantling of equipment and scaffolds, structural erections, excavat
ions, blasting operations, demolition, confined spaces, hazardous chemicals, welding, and flame cutting shall undergo spe
cialized instruction and training on said activities. Such training shall include, among others, topics on safety and speciali
zed PPE requirements for said high-risk work activities, including the use, application and handling of the same, which ca
n be provided by DOLE-Accredited Training Organizations or the PPE manufacturers.
OCCUPATIONAL SAFETY AND HEALTH REPORTS