2 Ra 11058
2 Ra 11058
MA. TERESITA S.
MA. TERESITA S. CUCUECO,
CUCUECO, MD,
MD, CESO
CESOIII
III
BUREAU
BUREAU OF
OFWORKING CONDITIONS
WORKINGCONDITIONS
Department of
Department of Labor
Labor andEmployment
and Employment
DECLARATION OF POLICY
RA 11058 Proposed IRR
• The State: • Same as RA
• labor as a primary social and economic
force, 11058
… safe and healthy workforce is an
integral aspect of nation building
• ensure a safe and healthful workplace
for all working people … full protection
against all hazards
• provisions of the Labor Code of the
Philippines, all laws, and internationally-
recognized standards on OSH are being
fully enforced and complied with…
• protect every worker against injury,
sickness or death
• strict but dynamic, inclusive, and gender-
sensitive measures
COVERAGE
RA 11058 Proposed IRR
• shall apply to:
apply to all establishments, projects, – Establishments located inside special economic zones and
other investment promotion agencies (e.g., Philippine
sites, including Philippine Economic Economic Zone Authority [PEZA], Clark Development
Corporation [CDC]);
Zone Authority (PEZA) – Utilities engaged in air, sea, and land transportation; and
establishments and all other places – Industries such as mining, fishing, construction, and maritime.
where work is being undertaken in all • further apply to contractors and subcontractors
including those engaged in the projects of the public
branches of economic activity, sector. Workers of contractors and subcontractors
except in the public sector. deployed to establishments should follow the OSH
policy and program where they are assigned.
The Secretary of Labor and Employment • This Rules shall also apply to establishments,
franchises and
shall issue the appropriate standards of branches with less than one hundred (100) employees.
occupational safety and health for such • shall not cover the public sector such as national
purpose based on the number of government agencies, government-owned and
controlled corporations with original charters,
employees, nature of operations and the government financial institutions, state
risk or hazard involved. universities and colleges and local government
units. Provided that, this Rules shall apply to its
contractors and subcontractors engaged in the
projects of the public sector.
DEFINITION OF TERMS
(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 caseof emergency;
DUTIES OF EMPLOYERS,
WORKERS AND
OTHER PERSONS
RA 11058 Proposed IRR
• Register establishment to DOLE as provided
• Every employer contractor or under the OSH standards;
subcontractor, … shall:
(1) Furnish the workers a place of employment • Equip a place of employment for workers free
from hazardous conditions that are causing or
free from hazardous conditions that are are likely to cause death, illness or physical
causing or are likely to cause death, harm to the workers;
illness, or physical harm to the workers;
• Provide complete job safety instructions and
(2) Give complete job safety instructions to all proper orientation to all workers including, but
the workers, especially to those entering not limited to, those relating to familiarization
the job for the first time, including those with their work environment;
relating to familiarization with their work • Provide training for workers pertaining to health
environment; promotion, hazards associated with their work,
health risks involved or to which they are
• (3) Inform the workers of the hazards exposed to, preventive measures to eliminate or
associated with their work, health risks minimize risks, steps to be taken in cases of
involved or to which they are exposed to, emergency, and safety instructions for the jobs,
preventive measures to eliminate or activities and tasks to be handled by workers in
minimize the risks, and steps to be taken a language and dialect that workers can
in case of emergency; 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
• Ensure that, so far as is reasonably practicable, the
chemical, physical and biological substances and agents,
(4) Use only approved devices and equipment for and ergonomic and psychosocial stresses under their
the workplace; control are without risk to health when the appropriate
measures of protection are taken;
(5) Comply with OSHS including training, medical • Use only approved specific industry set of standards of
examination, and where necessary provision of
protective and safety devices such as personal devices
protective equipment (PPE) and machine and equipment for the workplace, as applicable;
guards; • Comply with OSH standards including training, medical
(6) Allow workers and their safety and health examination, and when necessary, provisions on protective
representatives to participate actively in the and safety devices such as PPE and machine guards,
process of organizing, planning, implementing provided that PPE shall bear no cost to workers and must
and evaluating the program to improve the be of appropriate type and fitting;
safety and 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 processes of organizing, planning and implementation,
with emergencies and accidents, including monitoring, evaluation and action for improvement of the
first-aid arrangements. OSH 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 • Participate in capacity building activities
ensuring compliance with OSHS on safety and health and other OSH
in the workplace. related topics and programs;
• Proper use of all safeguards and safety
• The worker shall make proper use of all devices furnished for workers’ protection
safeguards and safety devices furnished and that of others;
for his/her protection and that of others
and shall observe instructions to • Comply with instructions to prevent
prevent accidents or imminent danger accidents or imminent danger situations in
situation in the workplace. the workplace;
• Observe prescribed steps to be taken in
• They shall observe the prescribed steps cases of emergency including participation
to be in the conduct of national or local disaster
taken in case of emergency. drills; and
• The worker shall report to the supervisor • Report to their immediate supervisor or
any work hazard that may be discovered any other responsible safety and health
in the workplace. 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, • Duties of Other Persons. – It shall be the
including the builder or contractor who duty of any person, including the builder
visits, builds, renovates, or installs or contactor who visits, builds, renovates
devices or conducts business in any or installs devices or conducts business
establishment or workplace, to comply
with the provisions of this Act and all in any establishments or workplace, to
other regulations issued by the Secretary comply with the provisions of this Rules
of Labor and Employment. and all other regulations issued by the
• (d) Whenever two or more undertakings Secretary of Labor and Employment.
are engaged in activities simultaneously in•
one workplace, it shall be the duty of all• Whenever two (2) or more undertakings
engaged to collaborate in the application are engaged in activities simultaneously
of OSH standards and regulations.
in one (1) workplace, it shall be the duty
of all engaged to collaborate and
cooperate to assure compliance with
OSH standards and regulations.
DUTIES OF EMPLOYERS,
WORKERS AND OTHER
PERSONS
RA 11058 Proposed IRR
• It shall be the duty of employers to provide training for all types of
• The right to safety and health hazards in the workplace and provide information for the same in a
language and dialect that workers can understand.
at work shall be guaranteed
• Employers are encouraged to conduct daily toolbox meeting or any
• All workers shall be equivalent safety meeting before commencement of work to discuss
appropriately informed by the work- related hazards, risks, precautions and relevant applicable
employer about all types of procedures to ensure safety and health in the workplace. A re-
orientation on safety and health for workers in hazardous
hazards in the workplace, and establishments must be conducted regularly, not less than once a
provided access to training and quarter and to be conducted immediately following any changes in
education on chemical safety the operations and production process.
and to orientation on data • Information materials used pursuant to this Section shall be made
sheet of chemical safety, readily available and accessible to workers.
electrical safety, mechanical • New-hired workers shall be provided instructions, orientations and
trainings prior to start of work. The instructions, orientations, and
safety, and ergonomical safety. trainings shall be 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
DUTIES OF EMPLOYERS,
WORKERS AND OTHER K
PERSONS
RA 11058 Proposed IRR
• The worker has the right of refusal to work without threat or reprisal
• The worker has the right of from the employer if, as determined by DOLE, following a
refusal to work without threat determination from the safety officer of the establishment, that an
or reprisal from the employer imminent danger situation exists. The latter cannot require the workers
if, as determined by the to return to work where there is continuing imminent danger to life or
DOLE, an imminent danger health.
situation exists in the • Workers affected by the existence of an imminent danger situation
may be temporarily assigned to perform other tasks in other areas
workplace that may result to within the workplace provided there is no impending issue with
illness, injury or death, and safety and health.
corrective actions to eliminate • Immediate notification to DOLE by the safety officer or worker not
the danger have not been later than twenty-four (24) hours that an imminent danger situation
undertaken by the employer. exists in the
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
DUTIES OF EMPLOYERS,
WORKERS AND S
OTHER PERSONS
RA 11058 Proposed IRR
• Workers and their representatives shall • Workers and their representatives shall have
have the right to report accidents, the right to report accidents, dangerous
dangerous occurrences, and hazards to occurrences, and hazards to the employer,
the employer, to the DOLE and to other to DOLE and to other concerned
concerned government agencies government agencies exercising jurisdiction
exercising jurisdiction as the competent as the competent authority in the specific
authority in the specific industry or industry or economic activity. There shall be
economic activity. 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.
DUTIES OF EMPLOYERS,
WORKERS AND
OTHER PERSONS
RA 11058 Proposed IRR
• Every employer shall provide their • Every employer, contractor or subcontractor , if any, shall
workers, free of charge, protective provide his/her workers, free of charge, PPE for any part
equipment for their eyes, face, hands of the body that may be exposed to hazards, and lifeline,
and feet, and lifeline, safety belt or safety belt or harness, gas or dust respirators or masks,
harness, gas or dust respirators or and protective shields whenever necessary by reason of
masks, and protective shields the hazardous work process or environment, chemical,
whenever necessary by reason of the radiological, mechanical, and other irritants or hazards
hazardous work process or capable of causing injury or impairment in the function of
environment, chemical, radiological, any part of the body through absorption, inhalation or
mechanical and other irritants or physical contact. The cost of PPE shall be part of the
hazards capable of causing injury or safety and health program which is a separate pay item
impairment in the function of any part pursuant to Section 20 of this Rules.
of the body through absorption, • All PPE shall be of the appropriate type as tested and
inhalation or physical contact. 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 • Evaluations and recommendations of a safety
part of the safety and health officer on the types of PPE to be adoptead in a
program which is a separate specific work environment shall be based on the
pay item pursuant to Section results of the workplace hazard assessment.
19 of this Act.
• It shall be the responsibility of employers to provide
the appropriate health evaluation for fitness to wear
• All PPE shall be of the PPE, particularly on respirators and masks. All PPE
appropriate type as tested and must be of appropriate size, weight, and type to
approved by the DOLE based specific workers exposed to hazards from which
on its standards. The usage of PPE are meant to ensure effective protection.
PPE in all establishments, Issuance of PPE shall be supplemented by training
projects, sites and all other on the application, use, handling, cleaning and
places where work is being maintenance of said PPE in accordance with the
undertaken shall be based on manufacturer’s recommendations. PPE training shall
the evaluation and be in accordance with what is prescribed in the OSH
recommendation of the safety standards.
officer. • 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
• All establishments, projects, sites Proposed IRR
and all • All establishments, projects, sites and
other places where work is being all other places where work is being
undertaken shall have safetysignage undertaken shall have safety signage
and devices to warn the workers and and devices to warn the workers and
the public of the hazards in the the public of the hazards in the
workplace. workplace. Safety signage and
• Safety signage and devices shall be devices shall be posted in prominent
posted in prominent positions at positions at strategic locations in a
language understandable to all, and
strategic locations in a language
in accordance with the OSH
understandable to all and in accordance standards set by DOLE. All signage
with the standards set by the DOLE. shall also be of appropriate quality to
ensure their legibility.
SAFETY IN THE USE OF EQUIPMENT T
RA 11058 Proposed IRR
• In relation to the use of • In relation to the use of equipment, such as but not limited to,
equipment, the employer earth moving equipment, heavy duty equipment, materials
must comply with the DOLE handling equipment, and construction equipment, the
requirements in the different employer, contractor or subcontractor, if any, must comply
phases of the company or with the OSH standards set by DOLE on safety and use of
project operation, including such equipment in the different phases of the company or
the transport to and from the project operation including the transport to and from the
establishment, project, site or establishment, project, site or place where work is being
place where work is being undertaken. Appropriate training and certification by the
undertaken. 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 N
Proposed IRR
RA 11058 • Workers in all establishments, projects, sites and all other places
• Workers in all establishments, where work is being undertaken shall be provided adequate and
projects, sites and all other suitable information by the employer, contractor or
places where work is being subcontractor, if any, on the following:
undertaken shall be provided •
adequate and suitable • Workplace hazards and the risk posed on the safety and health
information by the employer of the workers such as chemical safety data sheets;
contractor or subcontractor, if
any, on safety and health • Results of Work Environment Measurements (WEM);
standards, and the appropriate • Control mechanisms in place that reduces or minimizes the risk
measures, including the probable of exposure to hazards and other preventive strategies (e.g.,
location of workers for the training on specific hazards, medical monitoring tests,
prevention, control, and immunization and control of lifestyle-related diseases);
protection against those hazards. • 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)
of workers and equipment, the size Safety Officer 2 Mandatory forty (40)-hour Basic OSH Training Course -
applicable to the industry
of the work area, and such other (SO2)
criteria as may be prescribed by the Safety Officer 3 a. Mandatory forty (40)-hour Basic OSH training At least two (2) years of
course applicable to the industry; experience in OSH
DOLE. (SO3)
b. Additional forty-eight (48)-hour
In the case of contractor or Advanced/Specialized Occupational Safety Training
Course relevant to the industry; AND
subcontractor, a safety officer must c. Other requirements as prescribed by the OSH
be deployed at each specific area of standards.
operations to oversee the Safety Officer 4 a. Mandatory forty (40)-hour OSH training course Actual experience as SO3
applicable to the industry; for at least four (4) years
management of the safety and (SO4)
b. Additional eighty (80)-hour advanced/specialized
health program for its own occupational safety training course relevant to the
workforce. industry,
c. Aggregate of three hundred twenty (320) hours of
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) SO3
100 to 199
SO3
Additional Additional
of 1 for of 1 for
every 100 4 PT and every 50
> 2001 worker or 1 FT DOLE Certified worker or 2 FT and 1 FT DOLE
Certified OSH practitioner
workers or
a
fraction thereof
Additional Additional
Every of 1 for of 1 for
50 every 100 - - every 50 1 FT
0 workers or a worker or a worker or
fraction thereof fraction a
thereof fraction
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
ProposedIRR
• 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
of 1 full time of 1 full time
> 2001
SAFETY AND HEALTH TRAINING
RA 11058 Proposed IRR
(a) All safety and health personnel shall • All safety and health personnel shall undergo
undergo the mandatory training on basic the mandatory orientation or training on OSH
occupational safety and health for safety as prescribed by DOLE. Said training shall be
officers asprescribed 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
hours safety and health seminar as required under this Section shall be prescribed by
by the DOLE DOLE. The following are the minimum
prescribed training or orientation for all safety
and health personnel:
• (c) All personnel engaged in the operation,
erection, and dismantling of equipment and Safety Officer 1 : Mandatory eight (8)-hour OSH orientation
scaffolds, structural erections, excavations, course applicable to its industry such as:
blasting operations, demolition, confined General Industry – Basic OSH Orientation
spaces, hazardous chemicals, welding, and Course,
flame cutting shall undergo specialized Construction Industry – Construction OSH
instruction and training on the said activities. Orientation Course,
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
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
All establishments, projects, sites and all other places where work is
being undertaken shall have the following welfare facilities in order to
ensure humane working conditions:
a. Adequate supply of safe drinking water;
b. Adequate sanitary and washing facilities;
c. Suitable living accommodation for workers, as may be applicable;and
d. Separate sanitary, washing, and sleeping facilities for men and women workers, as
may be applicable.
e. Lactation station except those establishments as provided for under DOL E
Department Order No. 143-15;
f. Ramps, railings and the like; and
g. Other workers’ welfare facilities as may be prescribed by the OSH standa
rds and other issuances.
COST OF SAFETY AND HEALTH PROGRAM