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MANDATORY 8-HOUR

SAFETY AND HEALTH


SEMINAR FOR WORKERS
MODULE 1, PART 2
ANACTANSTRACT
ENGSTRENGTHENING
THENINGCOMPLIANCE
COMPLIANCE
WITH O CC UPAWITH
TI
O NA OCCUPATIONAL
LSA FE TYAN D
SAFETY AND HEALTH STANDARDS
HE ALTHPROVIDING
AND STANDARDSA NDPROVIDING
PENALTIES FOR
PENALTIE SFORVIOLATI(RA
VIOLATIONS ONS (RA11058)
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

RA 11058 Proposed IRR


• “Certified first-aider” • Department of Labor and
• “Competency Standards” Employment (DOLE) - Accredited
• “Covered Workplaces”
• “Employer”
Training Organizations
• “Equipment” • High-risk establishment
• “General safety and health inspection” • Low-Risk establishment
• “Imminent danger” • Medium-risk establishment
• “Micro and Small Enterprises (MSEs)” • OSH Consultant (Safety officer 4)
• “Occupational Health Personnel” • OSH Practitioner (Safety Officer 3)
• “Occupational Safety and Health Standards
(OSHS)”
• PPE
• “Safety and Health Audit” • Safety Officer 1
• “Safety and Health Committee” • Safety Officer 2
• Safety Officer • Worker
• Safety Signage • Workers OSH Seminar
• “Safety and Health Program”
• “Workplace”
DUTIES OF EMPLOYERS, WORKERS
AND OTHER PERSONS
(a) Every employer contractor or subcontractor, if any, and any person who
manages, controls, or supervises the workbeing undertaken shall:
(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 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.

• Information materials shall be revised regularly by the OSH


committee.
OCCUPATIONAL SAFETY AND HEALTH
PROGRAM
RA 11058 Proposed IRR
• Covered workplaces shall have a • Covered workplaces shall develop and implement a suitable OSH
safety and health program including, program which shall be posted in prominent places. Covered workplaces
but not limited to the following shall be guided by a format prescribed by DOLE.
policies, guidelines or information: • For establishments, including franchises and branches, with less than ten
• (a)Statement of commitment to workers and low risk establishments with ten (10) to fifty (50) workers. –
comply with OSH requirements; The OSH program, which shall be duly signed by the employer, must
• (b)General safety and health, include at least the following:
including a drug-free workplace; •
• (c)Human Immunodeficiency Virus • Company commitment to comply with OSH requirements;
(HIV) and Acquired Immune • General safety and health programs, including:
Deficiency Syndrome – Safety and health hazard identification, risk assessment and control (HIRAC),
(AIDS)/tuberculosis/ hepatitis – Medical surveillance for early detection and management of occupational and
• prevention and control; work-
• (d)Company or project details; related diseases, and
(e)Composition and duties of the – First aid and emergency medical services;
• Safety and Health Committee; • Promotion of the following health domains:
(f)Occupational safety and – Drug-free workplace (RA 9165),
• health personnel and – Mental health services in the workplace (RA 11036), and
facilities; –
• Healthy lifestyle;
(g)Safety and health promotion,
training and education;
OCCUPATIONAL SAFETY AND HEALTH
PROGRAM
RA 11058 Proposed IRR
• (i)Accident/incident/illnes • Prevention and control of the following health
investigation, recording
and reporting; domains:
• (j)Provision and use of PPE; – Human Immunodeficiency Virus and Acquired Immune Deficiency
• (k)Provision of safety Syndrome (RA 8504),
• signage; – Tuberculosis (EO 187-03) and
Dust control and – Hepatitis B (DOLE DA 05-2010)
management, and
regulations on activities • Complete company or project details;
such as building of • Composition and duties of the OSH committee;
temporary structures, and • OSH personnel and facilities;
lifting and operation of
• electrical, mechanical, • Safety and health promotion, training and education,
communication systems including:
– Orientation of all workers on OSH and
• and other equipment;
(m)Provision of workers – Conduct of risk assessment, evaluation and
• welfare facilities; •
control;
Conduct of toolbox or safety meetings and job safety analysis, if
(n)Emergency
• preparedness and applicable;
response plan;
• Accident/incident/illness investigation, recording and reporting;
(o)Waste management
system; and • Provision and use of PPE;
(p)Prohibited acts, • Provision of safety signage;
and penalties for • Provision of workers’ welfare facilities;
violations.
• Emergency and disaster preparedness and mandated drills;
OCCUPATIONAL SAFETY AND HEALTH
PROGRAM
Proposed IRR
• For medium to high risk establishments with ten (10) to fifty (50)
workers and low to high risk establishments with fifty-one (51) workers
and above. – The OSH program, which shall be duly signed by the
employer, must include at least the following:
• Company commitment to comply with OSH requirements;
• General safety and health programs including:
– Safety and health hazard identification, risk assessment and control (HIRAC),
– Medical surveillance for early detection and management of occupational
and work- related diseases, and
– First aid and emergency medical services;
• Promotion of the following health domains:
– Drug-free workplace (RA 9165),
– Mental health services in the workplace (RA 11036), and
– Healthy lifestyle;
• Prevention and control of the following health domains:
– Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome
(RA 8504),
– Tuberculosis (EO 187-03) and
– Hepatitis B (DOLE DA 05-2010)
OCCUPATIONAL SAFETY AND HEALTH
M
PROGRAM
Proposed IRR
• Complete company or project details;
• Composition and duties of the OSH committee;
• OSH personnel and facilities;
• Safety and health promotion, training and education, to
include the following:
– Orientation of all workers on OSH,
– Conduct of risk assessment, evaluation and control,
– Continuous training on OSH of OSH personnel, and
– Work Permit System such as working at height, working at confined
space, hot works, and other related activities;
• Conduct of toolbox or safety meetings and job safety analysis;
• Accident/incident/illness investigation, recording and reporting;
• Provision and use of PPE;
• Provision of safety signage;
OCCUPATIONAL SAFETY AND HEALTH
PROGRAM
Proposed IRR
• Dust control and management, and regulations on activities such as
building of temporary structures, and lifting and operation of electrical,
mechanical, communications system and other equipment;
• Provision of workers’ welfare facilities;
• Emergency and disaster preparedness and response plan to include
the organization and creation of disaster control groups, business
continuity plan, and updating the hazard, risk and vulnerability
assessment, as required;
• Solid waste management system;
• Control and management of hazards;
• Prohibited acts and penalties for violations; and
• Cost of implementing company OSH program.
OCCUPATIONAL SAFETY AND HEALTH
PROGRAM
RA 11058 Proposed IRR
• Covered workplaces shall have a safety and
health program including, but not limited to • The DOLE shall prescribe a format that should
the following policies, guidelines or be accomplished fully by the employer,
information: contractor or subcontractor, if any, in
• The safety and health program shall be consultation with the workers and their
prepared and executed by the employer, representatives.
contractor or subcontractor, if any, in •
consultation with the workers and their • The OSH program shall be communicated and be
representatives and shall be submitted to the made readily available to all persons in the
DOLE which shall approve, disapprove or workplace. It shall be updated periodically
modify the same according to existing laws, whenever the DOLE, other regulatory or
rules and regulations, and other issuances. government agencies and institutions promulgate
new rules, guidelines and other issuances related
• The approved safety and health program shall to workers’ safety and health.
be communicated and be made readily • The company shall ensure that the core
available to all persons in the workplace. elements of OSH program are integrated in the
company OSH program such as management
commitment and employee involvement,
workplace risk assessment, hazard prevention
and control, safety and health training and
education, and OSH program evaluation.
OCCUPATIONAL SAFETY AND HEALTH
PROGRAM
Proposed IRR
• The company shall submit a copy of the OSH program to the
DOLE Regional, Provincial, Field or Satellite Office having
jurisdiction over the workplace. A duly signed company
commitment to comply OSH requirements together with the
company OSH program using the prescribed template shall be
considered approved upon submission EXCEPT for
Construction Safety and Health Program which shall need
approval by DOLE prior to construction.

• OSH programs in the pre-approved template may be modified by
DOLE as necessary based on existing laws, rules and regulations,
and other issuances or upon validation of the program during
inspection. If there is a modification made by the company, the
company shall submit a revised copy of the OSH program to
DOLE.

• The company shall review and evaluate the OSH program at
least once a year or as necessary, to ensure that its objectives are
met towards an improved safety and health performance.
OCCUPATIONAL SAFETY AND HEALTH
PROGRAM
RA 11058 Proposed IRR
• To ensure that the safety and health • For establishments, including franchises and
program is observed and enforced, branches, with less than ten workers and low
covered workplaces shall organize risk establishments with ten (10) to fifty (50)
a Safety and Health Committee workers. – ASafety Officer 1 (SO1) shall
composed of the following: establish an OSHcommittee composed of the
a) Employer or a representativeas following:
the Chairperson, ex • Chairperson : Companyowner or manager
officio;
b) Safety officer of the company or • Member : At least one (1) worker
project as the Secretary; • The company owner or manageror one of the
workers of the companyshall undertake afirst aid
c) Safety officers representing the training from the Philippine RedCross or any
contractor or subcontractor, as the DOLE recognizedorganization.
casemay be, as members;
OCCUPATIONAL SAFETY AND
HEALTH COMMITTEE

RA11058 Proposed IRR


d) Physicians, nurses, certified first-aiders, • For medium to high risk establishments with ten
and dentists as members, ex officio, if (10) to fifty (50) workers and low to high risk
applicable; and establishments with fifty-one (51) workers and
above. – The OSH committee of the covered
e) Workers’ representatives who shall come workplace shall be composed of the following:
from the union if the workers are
organized or elected by the workers • Ex-officio chairperson : Employer or rep
through a simple majority vote if they are • Secretary: Safety Officer
unorganized, asmembers. • Ex-officio Members: Certified first-aider, OH
• The Committee shall effectively plan, nurse, OH dentist, and OH physician, as
develop, oversee, and monitor the applicable
implementation of the safetyand health • Members: Safety officers representing the
program. contractor or subcontractor, as the case may be,
and representative/s of workers who shall come
from the union, if the workers are organized, or
elected workers through a simple vote of majority,
if they are unorganized
OCCUPATIONAL SAFETY AND
HEALTH COMMITTEE
Proposed IRR
• For two (2) or more establishments housed under one building or complex
including malls. – Establishments housed under one building or complex shall
have its own respective OSH committee. A Joint OSH committee shall be
initiated and created by the building owner or building administrator and shall
plan, develop and implement programs and activities for all establishments in
said building or complex on OSH with the following composition:
• Chairperson : Building owner or his/her representative such as the building
administrator
• Co-Chair: Company owners or managers (elected through a simple vote of
majority among them)
• Worker (elected through a simple vote of majority among them)
• Secretary: Safety Officer (elected through simple majority vote)
• Ex-officio Members: Certified first-aider, OH nurse, OH dentist, and OH
physician, as applicable
• Members: At least one (1) representative each of all company owners or
managers housed in the building or complex or designated fire marshals per
floor
SAFETY OFFICER
RA 11058 Proposed IRR
• To ensure that a safety and health programis duly • Oversee the overall management of the OSH
followed and enforced, covered workplaces shall program in coordination with the OSH
have safety officers who shall: committee;
a) Oversee the overall management of the safety and • Frequently monitor and inspect any health or
health program; safety aspect of the operation being
b) Frequently monitor and inspect any health or undertaken with the participation of
safety aspect of the operationbeing undertaken; supervisors and workers;
c) Assist government inspectors in the conduct of • Assist government inspectors in the conduct of
safety and health inspection at any time whenever safety and health inspection at any time
work is being performed or during the conduct of
an accident investigation; and whenever work is being performed or during the
d) Issue work stoppage order whennecessary. conduct of an accident investigation by
providing necessary information and OSH
reports as required by the OSH standards; and
• Issue WSO when necessary based on the
requirements
and procedures provided by the OSH standards.
SAFETY OFFICER
Proposed IRR
 The number and qualification of Category Prescribed Training on OSH Minimum OSH Experience

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

Two (2) SO2 or One (1) SO2 One


200 to 250 Two (2) SO3
One (1) SO3 and
(1)
SO3
Two (2) SO2 and One (1) One (1) SO2 and Two (2)
251 to 500 Two (2) SO3
SO3 SO3
Two (2) SO2 One
501 to 750 One (1) SO2 and Two
and Two (2) SO3
(2) SO3
(1) SO3
751 to 1000 Two (2) SO3
Every additional 250 or
- - Additional One (1) SO3 or SO4
fraction
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
OH OH Dentist OH OH OH OH
of First-Aider First-Aider
Nurse Physician Nurse Dentist Physician
Workers
1-9 1 - - - 1 - - -
10-50 1 - - - 1 - - -
51-99 1 - 2 1 FT 1 PT

Additional 1 FT Additional 1 PT and


100-199 2 PT
of 1 for of 1 for 1 FT
every 100 every 50
worker or a 1 PT worker or a 2 PT
1 PT and
200-250 fraction 2 FT fraction an
1 FT
thereof thereof d
1 1
1
F
T

Additional Additional 2 PT and


251-500 2 PT
of 1 for of 1 for 1 FT
2 PT
501-750 every 100 every 50
worker or a 2 FT worker or a and
3 PT or 1 3 PT and
fraction fraction 1 FT
PT 1 FT
751-1000 thereof thereof
and 1 FT
2 PT and
2 PT,
1001-2000 1 FT DOLE Certified 1 FT, and 1 FT DOLE
Certified OSH
OSH practitioner practitioner

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

a fraction OSH practitioner a fraction


thereof thereof
Every
250 1 FT - - 1 FT or 4 PT

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

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

All employers, contractors,


and subcontractors shall
submit all safety and health
reports and notifications
prescribed by the DOLE.
WORKERS COMPETENCY CERTIFICATION

In order to professionalize, upgrade, and update the level of


competence of workers, the Technical Education and Skills
Development Authority (TESDA) or the Professional Regulatory
Commission (PRC), as the case may be shall establish national
competency standards and prepare guidelines on competency
assessment and certification for critical occupations to include
requirements on safety and health .

In this regard, all critical occupations shall undergo the mandatory


competency assessment and certification by the TESDA.
WORKERS COMPETENCY CERTIFICATION

An occupation shall be considered critical when:


a) The performance of a job affects thepeople’s
lives and safety:
b) The job involves the handling of tools,equipment,
and supplies;
c) The job requires a relatively long period of
education and training; and
d) The performance of a job may compromise the
safety, health and environmental concernswithin
the immediate vicinity of theestablishment.
WORKERS WELFARE FACILITIES

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

The total cost of implementing a duly


approved safety and health program
shall be an integral part of the
operations cost. It shall be a separate
pay item in construction and in all
contracting or subcontracting
arrangement.
EMPLOYER’SRESPONSIBILITYANDLIABILITY

The employer, project owner, general


contractor, contractor or subcontractor, if
any, and any person who manages, controls
or supervises the work being undertaken
shall be jointly and solidarily liable for
compliance with thisAct.
VISITORIAL POWER OF THE SECRETARY OF
LABOR AND EMPLOYMENT

The Secretary of Labor and Employment (SecLab)


or the Secretary’s authorized representatives
shall have the authority to enforce the
mandatory occupational safety and health
standards in all establishments and conduct,
together with representatives from the labor and
employer sectors, an annual spot audit on
compliance with OSHstandards.
VISITORIAL POWER OF THE SECRETARY OF
LABOR AND EMPLOYMENT

No person or entity shall obstruct, impede, delay


or otherwise render ineffective the orders of the
SecLab or the Secretary’s duly authorized
representatives and no inferior court or entity
shall issue temporary or permanent injunction or
restraining order or otherwise assume jurisdiction
over any caseinvolving the enforcement orders.
VISITORIAL POWER OF THE
SECRETARY OF LABOR AND
EMPLOYMENT
The Secretary of Labor and Employment
may likewise order stoppage of work or
suspension of operations of any unit or
department of an establishment when non-
compliance with law or implementing rules
and regulations poses grave and imminent
danger to the health and safety of workers
in the workplace.
VISITORIAL POWER OF THE SECRETARY
OF LABOR AND EMPLOYMENT

The procedure for inspecting work


premises, notifying employers of violations,
and issuing compliance or stoppage orders
shall be pursuant to the procedure laid
down in Article 128 of the LCP, as amended,
as implemented by relevant regulations
issued by the DOLE on administration and
enforcement of laborlaws.
VISITORIAL POWER OF THE SECRETARY OF
LABOR AND EMPLOYMENT

However, chartered cities may be allowed to conduct


industrial safety inspections of establishments within their
jurisdiction in coordination with the DOLE:

Provided, That they have adequate


facilities and competent personnel for the
purpose as determined by the DOLE and
subject to national standards established
by the latter.
PAYMENT OF WORKERS’ INCOME DURING WORK
STOPPAGE DUE TO IMMINENT DANGER

If stoppage of work due to imminent danger occurs as a result of the


employer’s violation or fault, the employer shall pay the affected
workers concerned their wages during the period of such stoppage of
work or suspension of operation.

For purposes of payment of wages and any other


liabilities arising from a work stoppage order (WSO),
the employer is presumed a party at fault if the WSO is
issued secondary to an imminent danger situation
which would imperil the lives of theworkers.
STANDARDS SETTING POWER OF THE
SECRETARY OF LABOR AND EMPLOYMENT

The SecLab shall, in consultation with the other


concerned government agencies and relevant
stakeholders, by appropriate orders, set and
enforce mandatory OSH standards to eliminate or
reduce occupational safety and health hazards,
depending on the number of employees of the
establishment, the nature of its busines
s
operations and the risk or hazard involved.
industry.
STANDARDS SETTING POWER OF THE
SECRETARY OF LABOR AND EMPLOYMENT

The Secretary shall also institute new, and


update existing programs to ensure safe and
healthy working conditions in all workplaces
especially in hazardous industries such as
mining, fishing, construction, and maritime
industry.
EMPLOYEE’S COMPENSATION CLAIM

A worker may file claims for compensation


benefit arising out of work-related
disability or death.

Such claims shall be processed


independently of the finding of fault, gross
negligence or bad faith of the employer in
a proceeding instituted for the purpose.
INCENTIVES TO EMPLOYERS
There shall be an established package of
incentives under such rules and regulations as
may be promulgated by DOLE to qualified
employers to recognize their incentives toward
ensuring compliance of OSHand general labor
standards, such as OSH training packages
additional protective equipment, ,
guidance, recognition, awards and othertechnical
similar
incentives.
PROHIBITED ACTS
RA 11058 Proposed IRR
• Willful failure or refusal or gross • Penalties provided herein shall be imposed
negligence of an employer, contractor after the lapse of the remediation period to
or subcontractor, to comply with the correct the violations on OSH standards
required OSH standards or with a based on the inspection conducted
compliance order issued by the pursuant to Department Order No. 183,
Secretary of Labor and Employment or Series of 2017 or the Revised Rules on
by the Administration and Enforcement of
the Secretary’s authorized Labor Laws pursuant to Article 128 of the
representative; Labor Code, as renumbered. The
penalties shall be computed on a per day
basis until full compliance reckoned from
the lapse of its remediation period to
correct violation/s, except for non-
registration of establishment to DOLE,
without prejudice to the filing of a criminal
or civil case in the regular courts, as the
case may be.
PROHIBITED ACTS
ProposedIRR
• It shall make such employer, • For purposes of computation of
contractor or subcontractor, liable administrative fines, the following are the
for an administrative fine not remediation period of the following
exceeding Php100,000.00 per day concerns/issues:
until the violation is corrected,
Imminent - One(1)day
counted from the date the employer
danger
or contractor is notified of the
violation or the date the compliance PPE - Three (3) days
order is duly served on the employer. Others - Not exceeding Ninety (90)
The maximum amount shall be days based on the
imposed with violations with a risk approved action plan
of death, serious injury or serious
illness.
PROHIBITED ACTS
• The following shall also constitute aswillful failure or refusal:
– Reference to safety report of SOthat but no action hasbeen madedespite findings of OSH
violation/s,
– Reference to the minutes of the OSHcommittee that the prohibited act hasbeen tackled but still
no action hasbeenmade,
– Repeated simple refusal or failure to comply following areport to DOLEbythe worker of
prohibited act/s committed byemployer,or
– Presence or risk or danger in plainview.
• Should there be non-compliance of two (2) or more items, all penalties shall be imposed
however the totaldailypenalty shall not exceedonehundred thousand
pesos (₱ 100,000.00).
PROHIBIT
ED ACTS
• Willful failure or refusal of an employer, contractor or subcontractor to comply with the
following OSH standards or with a compliance order issued by the Secretary of Labor and
Employment or his/her authorized representative:
Register establishment to DOLE ₱20,000.00
Provide job safety instruction or orientation prior to work ₱20,000.00
Provide worker’s training (first aid, mandatory workers training, mandatory OSH training for safety ₱25,000.00
officers and health
personnel)
Provide safety officer and/or OH personnel ₱35,000.00
Establish a safety and health committee ₱35,000.00
Formulate and implement a comprehensive safety and health program ₱40,000.00
Use approved or certified devices and equipment for the task ₱30,000.00
Provide PPE or charging of provided PPE to workers ₱30,000.00
Provide information on hazards and risk (absence of chemical safety data sheet, no written SOP in ₱50,000.00
materials handling,
lifting etc., no permitting system for confined spaces/hot works, no lock-out/tag-out system etc.)
Follow DOLE issued WSO ₱50,000.00
Provide safety signage and devices ₱50,000.00
Provide certified personnel or professionals required by the OSH standards ₱50,000.00
Provide sanitary and welfare facilities ₱50,000.00
Provide medical supplies, equipment and facilities ₱50,000.00
Comply to OSH standards including mandatory trainings and seminars required and other DOLE ₱50,000.00
PROHIBITED ACTS
• When the violation exposes the worker to death, serious injury or serious
illness, the imposable penalty shall be One Hundred Thousand Pesos
(₱100,000.00).

• The Secretary of Labor and Employment may issue additional violations and
corresponding fines following consultation with stakeholders.

• An employer, contractor or subcontractor who was found to be a repeat
violator of the above prohibited acts shall have the penalty of additional fifty
percent (50%) thereof and shall be compounded for every instance of repeat
violation.

PROHIBITED ACTS
• If any of the following acts is present and there is non-compliance, this shall
merit the imposition of one hundred thousand pesos (₱100,000.00)
administrative fine separate and in addition to the daily administrative fine
imposed above:
– Repeated obstruction, delay or refusal to provide the Secretary of Labor and Employment
or any of its authorized representatives access to the covered workplace, or refusal to
provide or allow access to relevant records and documents or obstruct the conduct of
investigation of any fact necessary in determining compliance with OSH standards;
– Misrepresentation in relation to adherence to OSH standards, knowing such
statement, report or record submitted to DOLE to be false in any material aspect; or
– Making retaliatory measures such as termination of employment, refusal to pay,
reducing wages and benefits or in any manner discriminates against any worker who
has given information relative to the inspection being conducted.
PROHIBITED ACTS

The fine collected shall be used for the operation of


occupational safety and health initiatives, including
occupational safety and health training and
education and other occupational safety and health
programs.
UPDATED DOLE
COMPUTERIZED LABOR
LAW COMPLIANCE
The Secretary of Labor and Employment
SYSTEM shall maintain an updated labor
inspection system of computerized
gathering and generation of real time
data on compliances, monitoring of
enforcement and a system of
notification on workplace accidents and
injuries.
INTER-GOVERNMENTAL COORDINATION
AND COOPERATION
The DOLE shall institute a mechanism for coordination
with the Department of Environment and Natural
Resources, Department of Energy, Department of
Transportation, Department of Agriculture,
Department of Public Works and Highways,
Department of Trade and Industry, Department of the
Interior and Local Government, Department of Health,
Philippine Economic Zone Authority, Department of
Information and Communications Technology and all
other government agencies, including local
government units, within 60 days from the issuance of
the implementing rules and regulations of thisAct.
INTER-GOVERNMENTAL
COORDINATION AND
COOPERATION
Proposed IRR
RA 11058
• They shall regularly convene to • The committee shall formulate policies,
monitor the promulgate guidelines and develop
. programs to carry out the provisions of
effective implementation of this Act as this Act. They shall regularly convene at
well as related programs and projects least once per quarter, to monitor the
that are established to prevent and effective implementation of this Rules as
eliminate the incidence of injury, well as related programs and projects that
sickness or death in all workplaces are established to prevent and eliminate
the incidence of injury, sickness or death
in all workplaces.

• An annual work plan shall be
developed by the Inter-Governmental
Committee and its annual
accomplishments shall be submitted to
the Secretary of Labor and Employment.
The funds to be used by this Committee
shall be sourced from the fines collected
relative to RA 11085.
IMPLEMENTING RULES AND REGULATIONS

The Secretary of Labor and


Employment, in coordination with
agencies concerned, shall formulate
its rules and regulations within
ninety (90) days after the effectivity
of thisAct.
SEPARABILITY CLAUSE

If any part, section or provision of


this Act shall be held invalid or
unconstitutional, the other
provisions not affected by
declaration shall remain such
force and effect. in full
REPEALING CLAUSE

All laws, acts, decrees, executive


orders, rules and regulations or
other issuances or parts thereof
which are inconsistent with this Act
are hereby modified or repealed.
EFFECTIVITY

This Act shall take effect fifteen


(15) days after its publication in
the Official Gazette or in a
newspaper of generalcirculation.
THANK YOU!

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