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Cosh Reviewer

This document outlines guidelines for occupational safety and health in the construction industry in the Philippines. It defines key terms related to construction safety such as accredited organizations, certified first-aiders, constructors, safety committees, and hazardous equipment. It describes the jurisdiction of the Department of Labor and Employment to set and enforce safety standards. It also covers which organizations and projects must follow these safety guidelines.

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Emelda Palangdao
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100% found this document useful (1 vote)
3K views22 pages

Cosh Reviewer

This document outlines guidelines for occupational safety and health in the construction industry in the Philippines. It defines key terms related to construction safety such as accredited organizations, certified first-aiders, constructors, safety committees, and hazardous equipment. It describes the jurisdiction of the Department of Labor and Employment to set and enforce safety standards. It also covers which organizations and projects must follow these safety guidelines.

Uploaded by

Emelda Palangdao
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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DEPARTMENT ORDER NO.

13
SERIES OF 1998
GUIDELINES GOVERNING OCCUPATIONAL SAFETY AND HEALTH IN THE CONSTRUCTION INDUSTRY
(PART 1)
Accredited organization - any organization duly accredited by the Department of Labor and Employment
(DOLE) delegated or authorized to perform function improvement of occupational safety and health in
the form of training, testing, certification, safety and health auditing or any other similar activity.

Certified first-aider - any person trained and duly certified or qualified to administer first-aid by the
Philippine National Red Cross or by any organization accredited by the same.

Construction project manager/consultant - a person or entity who is hired by the project owner, to act
in the owner’s behalf concerning supervision and monitoring of all matters related to the overall execution
of a construction project.

The construction projects related to manager shall be a separate entity from the general constructor or
any subcontractor of the construction project.

Construction safety and health committee - means the general safety and health committee for a
construction project site that shall be the overall coordinator in implementing OSH programs.

Construction safety and health officer - any employee/worker trained and, in addition to their regular
duties and responsibilities, tasked by his employer to implement occupational safety and health programs
in accordance with the provisions of the Occupational Safety and Health Standards (OSHS).

Construction safety and health program - to a set of detailed rules to cover the processes and practices
that shall be utilized in a specific construction project site in conformity with the OSHS including the
personnel responsible and the penalties for violations thereof.

Construction safety signage - refers to any, but not limited to, emergency or danger sign, warning sign or
safety instruction, of standard colors and sizes in accordance with the specifications for standard colors
of signs for safety instructions and warnings in building premises

Constructor - is deemed synonymous with the term “builder.” It refers to any person or organization who
undertakes or offers to undertake or purports to have the capacity to undertake or submits a bid to, or
does himself or by or through others, construct, alter repair, add to, subtract from, improve, move, wreck
or demolish any building, highway, road,

Constructor - is deemed synonymous with the term “builder.” railroad, excavation or other structure,
project development or improvement, or to do any part thereof, including the erection of scaffolding or
other structures or works in connection therewith. The term constructor includes subcontractor and
specialty contractor.

Emergency health provider – any person or organization who is certified or recognized by the Department
of Health and who can provide the same or equivalent emergency health services as an emergency
hospital, including emergency treatment of workers on site, emergency transport and care during
transport of injured workers to the nearest hospital, with adequate personnel, supplies and facilities for
the complete immediate treatment of injuries or illnesses.
General constructor - a constructor who has general supervision over instructions from the owner or
construction project manager (if one is appointed by the owner).

General safety and health inspection - inspection of the work environment, including the location and
operation of machinery other than those covered by technical safety inspections, adequacy of work space,
ventilation, lighting, conditions of work environment, handling, storage or work procedures, protection
facilities and other safety and health hazards in the workplace.

Heavy equipment - refers to any machine with engine or electric motor as prime mover used for lifting,
excavating, leveling, drilling, compacting, transporting and breaking works in the construction site, such
as but not limited to crane, bulldozer, backhoe, grader, road compactor, prime mover and trailer, with
minimum operating weight and horsepower rating of 1,000 KG and 10 HP, respectively.

Imminent danger - a condition or practice that could reasonably be expected to cause death or serious
physical harm before abatement under normal enforcement procedures can be accomplished.

Occupational health personnel - refers to qualified first-aider, nurse, dentist, or physician, engaged by
the employer to provide occupational health services in the establishment/undertaking.

Project manager - the overall technical personnel of the general contractor and/or the subcontractor in
charge of the actual execution of a construction project.

Resident engineer - a duly licensed engineer who shall be tasked to be present at the construction site at
all times, whenever work is being undertaken, and shall have the responsibility of assuring the technical
conformance of all designs, materials, processes, work procedures rendered for the execution of the
construction project, including safety and health of all persons within the construction site.

Safety and health audit - a regular and critical examination of project sites, safety programs, records and
management performance on program standards on safety and health.

Safety and health committee - a group tasked with the authority to monitor, inspect, and investigate all
aspects of the construction project pertaining to health and safety of construction workers.

Safety organization - any organization recognized and accredited by the DOLE to conduct occupational
safety and health training and/or safety and health audit.

Safety personnel - any person engaged by any constructor, trained, accredited by DOLE and tasked to
provide occupational safety and health services for the workers/employees in any construction project.

Skills standards – written specification of the minimum stock knowledge and skills a worker should
possess to perform the functions identified in the job description of his occupation.

Technical safety inspection - inspection for the purpose of safety determination of boilers, pressure
vessels, internal combustion engines, electrical installations, elevators, hoisting equipment and other
mechanical equipment.

Trade test - an instrument used to measure workers’ skills and knowledge based on the requirements of
the skills.
Treatment room - any enclosed area or room equipped with the necessary medical facilities and supplies,
and located within the premises of the establishment where worker may be brought for examination and
treatment of their injuries or illnesses in case of emergency.

Tool box meeting or gang meeting - daily meeting among workers and their respective supervisors for
the purpose of instruction, discussion and proper briefing on the planned work, the assessment of past
work, the possibility or actual occurrence of accidents at the site, tips and suggestions on how to prevent
possible accidents and other related matters.

Unguarded surface - any working surface above water or ground, temporary or permanent floor platform,
scaffold construction or wherever workers are exposed to the possibility of falls hazardous to life or limb.

Jurisdiction

The DOLE, through the Secretary of Labor and Employment, has the exclusive jurisdiction in the
preparation of Occupational Safety and Health Standards (OSHS) for the Construction Industry including
its very enforcement, as provided by the law.

As embodied in Article 162, Chapter 2, Title 1 of Book Four of The Labor Code of The Philippines, “The
Secretary of Labor and Employment shall by appropriate orders set and enforce mandatory occupational
safety and health standards to eliminate or reduce occupational safety and health hazards in all
workplaces and institute new and update existing programs to ensure safe and healthful working
conditions in all places of employment.”

As embodied in Article 165, Chapter 2, Title 1 of Book Four of The Labor Code of the Philippines, “(a) The
Department of Labor and Employment shall be solely responsible for the administration and enforcement
of occupational safety and health laws, regulations and standards in all establishments and workplaces
wherever they may be located.

Delegation of Authority and Accreditation

The authority to enforce mandatory occupational safety and health standards in the construction industry
may be delegated in part by the Secretary of Labor and Employment, under the following conditions:

a) Chartered Cities and Municipalities may be allowed to conduct Technical Safety Inspections and general
safety audit of construction project sites within their respective jurisdiction where they have adequate
facilities and competent personnel for the purpose as determined by the DOLE and subject to national
standards established by the latter, provided they submit for approval an application for such authority.

b) Private Safety Organizations with adequate facilities and competent personnel for the purpose, may be
accredited by the DOLE to conduct technical and/or general Safety and Health Audit of construction
project sites, for and in behalf of the company or establishment.

c) Accreditation of safety organizations and practitioners shall be in accordance with Rule 1030 of the
OSHS.
Coverage

This issuance shall apply to all operations and undertakings in the construction industry and its
subdivisions, namely,

• general building construction,


• general engineering construction and
• special trade construction, based on the classification code of the Philippine Contractors
Accreditation Board (PCAB) of the Construction Industry Authority of the Philippines (CIAP);
• to companies and entities involved in demolition works; and
• to those falling within the construction industry as may be determined by the Secretary of Labor
and Employment.

Construction Safety and Health Program

Every construction project shall have a suitable Construction Safety and Health Program, which must be
in accordance with these rules, and other orders and issuances issued by the DOLE.

The Construction Project Manager, or in his absence, the Project Manager as authorized by the owner,
shall be responsible for compliance with this Section.

The Construction Safety and Health Program shall state the following:

a) composition of the Construction Safety and Health Committee, if one has been formed,
otherwise, an undertaking to organize such committee and appoint its members before the start
of construction work at the project site;
b) specific safety policies which the General Constructor undertakes to observe and maintain in its
construction site, including the frequency of and persons responsible for conducting toolbox and
gang meetings;
c) penalties and sanctions for violations of the Construction Safety and Health Program;
d) frequency, content and persons responsible for orienting, instructing and training all workers at
the site with regard to the Construction Safety and Health Program under which they operate;
and
e) the manner of disposing waste arising from the construction.

The Construction Safety and Health Program shall be executed and verified by the Construction Project
Manager or Project Manager and shall be submitted to the Bureau of Working Conditions (BWC) which
may approve, disapprove or modify the same according to existing laws, rules and regulations and other
issuances by the DOLE.

The cost implementing the Construction Safety and Health Program shall be integrated into the project’s
construction cost, provided, that said cost shall be a separate pay item, duly quantified and stated in the
project’s tender documents and construction contract documents.

Personal Protective Equipment

Every employer shall, at his own expense, furnish his workers with protective equipment for eyes, face,
hands and feet, lifeline, safety belt/harness, protective shields and barriers whenever necessary by reason
of the hazardous work process or environment, chemical or radiological or other mechanical irritants or
hazards capable of causing injury or impairment in the function of any part of the body through
absorption, inhalation or physical agent.

Provision of Personal Protective Equipment (PPE) shall be in accordance with Rule 1080 of the OSHS. The
equivalent cost for the provision of PPE (life span, depreciation, replacement, etc.) shall be an integral
part of the project cost. The employer shall provide adequate and approved type of protective equipment.

Workers within the construction project site shall be required to wear the necessary PPE at all times.

Construction workers who are working from unguarded surfaces six (6) meters or more above water or
ground, temporary or permanent floor platform, scaffold or where they are exposed to the possibility of
falls hazardous to life or limb, must be provided with safety harnesses and life lines.

Specialty construction workers must be provided with special protective equipment, such as specialized
goggles or respirators for welders and painters or paint applicators.

All other persons who are either authorized or allowed to be at a construction site shall wear appropriate
PPE.
DEPARTMENT ORDER NO. 13
SERIES OF 1998
GUIDELINES GOVERNING OCCUPATIONAL SAFETY AND HEALTH IN THE CONSTRUCTION INDUSTRY
(PART 2)

Safety Personnel

To ensure that a Construction Safety and Health Program is duly followed and enforced at the construction
site, each construction project site is required to have the minimum required Safety Personnel, as
described herein:

The General Constructor must provide for a full-time officer, who shall be assigned as the general
construction safety and health officer to oversee full time the overall management of the Construction
Safety and Health Program.

The general construction safety and health officer shall frequently monitor and inspect any health and
safety aspect of the construction work being undertaken.

He shall also assist government inspection at any time whenever work is being performed or during the
conduct of accident investigation.

The General Constructor must provide for additional Construction Safety and Health Officer/s in
accordance with the requirements for Safety Man/Officer of Rule 1033 (Training and Personnel
Complement), depending on the total number of personnel assigned to the construction project site, to
oversee the effective compliance with the Construction Safety and Health Program at the site, under the
direct supervision of the general construction safety and health officer.

The General Constructor must provide for one (1) Construction Safety and Health Officer for every ten
(10) units of heavy equipment assigned to the project site, to oversee the effective compliance with the
Construction Safety and Health Program at the construction project site, in terms of heavy equipment
utilization and maintenance.

Each construction subcontractor must provide for a representative, who shall have the same qualifications
as a Safety Man/Officer, to oversee the management of the Construction Safety and Health Program for
the subcontractor’s workforce with the requirements of Rule 1033 of the OSHS.

All safety personnel who will be employed by an employer on full-time basis should be accredited by the
BWC of the DOLE.

Emergency Occupational Health Personnel and Facilities

The construction project owner or his duly authorized representative shall provide competent emergency
health personnel within the worksite duly complemented by adequate medical supplies, equipment and
facilities, based on the total number of workers in the site as indicated below:

a) The services of a certified first-aider when the total number of workers is fifty (50) or less;
b) The services of a full-time registered nurse when the total number of workers exceeds fifty (50) but not
more than two hundred (200);

c) The services of a full-time registered nurse, a part-time physician and a dentist, and an emergency clinic
when the total number of workers exceeds two hundred (200) but not more than three hundred (300);
and

d) The services of a full-time registered nurse, a full-time physician, a dentist and an infirmary or
emergency hospital with one (1) bed capacity when the number of employees exceed three hundred
(300).

In addition, there should be one (1) bed capacity for every one hundred (100) employees in excess of
three hundred (300).

Where an employer provides only a treatment room, he shall provide for his workers in case of
emergency, access to the nearest medical/dental clinic located within five (5) kilometers radius from the
workplace and can be reached in twenty-five (25) minutes of travel.

Such access shall include the necessary transportation facilities.

In such situation, there shall be a written contract with the medical/dental clinic to attend to such
workplace emergencies.

The engagement of an Emergency Health Provider for the construction project site shall be considered as
having complied with the requirement of accessibility to the nearest hospital facilities.

The employer shall always have in the construction site the required minimum inventory of medicines,
supplies and equipment.

Construction Safety Signages

Construction Safety Signages must be provided to warn the workers and the public of hazards existing in
the workplace.

Signages shall be posted in prominent positions at strategic locations and, as far as practicable, be in the
language understandable to most of the workers employed.

The signages include but are not limited to:

a) Mandatory requirement on the usage of personal protective equipment prior to entry to the
project site.
b) Areas where there are potential risks of falling objects.
c) Areas where there are potential risks of falling.
d) Areas where explosives and flammable substances are used or stored.
e) Areas where there are tripping or slipping hazards.
f) Approaches to working areas where danger from toxic or irritant airborne contaminants
/substances may exist which should indicate the name of the contaminant/substance involved
and the type of respiratory equipment to be worn.
g) All places where contact with or proximity to electrical/facility equipment can cause danger.
h) All places where workers may come in contact with dangerous moving parts of machineries or
equipment.
i) Location of fire alarms and firefighting equipment.
j) Instructions on the usage of specific construction equipment.
k) Periodic updating of man-hours lost.

Signages should be regularly inspected and maintained in good condition.

Signages that are damaged or illegible or that no longer apply should be removed and replaced by the
safety officer, as needed.

Safety on Construction Heavy Equipment

In relation to heavy equipment operation in all construction sites, the following are required in the
different phases of the project.

Pre-Construction

The General Constructor must ensure that appropriate certification is obtained from DOLE duly accredited
organizations for the following:

a) All heavy equipment operators assigned at the project site must be tested and certified in
accordance with a standard trade test prescribed by Technical Education and Skills Development
Authority (TESDA) in coordination with its accredited organization/s
b) All heavy equipment must be tested and certified in accordance with the standards prepared by
DOLE or its recognized organization/s prior to commissioning of said equipment.

During Construction

The General Constructor must ensure that the following conditions are met or complied with:

Mobilization or Transport of Heavy Equipment

a) Load restriction of trailers carrying such heavy equipment.


b) Load restrictions, height and width clearances as imposed by Department of Public Works and
Highways (DPWH) for all roads and bridges to be utilized during transport.
c) Only duly certified operators are allowed to load and unload heavy equipment to trailer.
d) Equipment to be transported must be properly secured to the trailer.

Erection/Set-up of Heavy Equipment

a) Existing hazards must be avoided.


b) Standard checklist of steps and procedures must be observed.
c) List of necessary equipment, tools and materials must be available and properly utilized.
Routine Inspection

In the interest of accident prevention, duly certified mechanics and operators shall conduct daily routine
inspection of all heavy equipment deployed at the site in accordance with standards set by TESDA in
coordination with the Association of Construction Equipment Lessors (ACEL, Inc.).

a) Routine inspection of all heavy equipment must be performed by DOLE accredited professionals
in accordance to standards set by DOLE recognized equipment suppliers.
b) All equipment which do not comply with the minimum certification shall be immediately removed
from the work site for restoration or repair until they meet said standards or requirements.

The General Constructor and the equipment owner shall maintain a separate logbook for data on
maintenance, repairs, tests and inspections for each heavy equipment.

Such logbook shall be used as a necessary reference during the conduct of equipment inspection.

Certified Operators

a) Only duly certified operators shall be allowed to operate their designated heavy equipment.
b) All operators and riggers must wear personal protective equipment as prescribed in the above
pertinent section.

Post-Operation and Post-Construction

The procedures for dismantling and demobilization of heavy equipment shall follow the same
requirements as listed in the previous slides.

Construction Safety and Health Committee Composition

To ensure that these rules and Construction Safety and Health Program are observed and enforced at the
project site, each site shall, at the start of the construction have a construction safety and health
committee composed of the following personnel:

a) Project Manager or his representative as the chairperson ex officio;


b) General Construction Safety and Health Officers;
c) Construction Safety and Health Officers;
d) Safety representatives from each subcontractor;
e) Doctors, Nurses and other Health Personnel, pursuant to the requirements stated in Rule 1042 of
the OSHS, who shall be members ex officio;
f) Workers’ representatives (minimum of 3, union members if organized, not necessarily from one
employer)

The persons constituting the Safety and Health Committee shall, as far as practicable, be found at the
construction site whenever construction work is being undertaken.
The time spent by the members of the Safety and Health Committee in the performance of their duties
such as committee meetings, seminars and training, investigation and other tasks that maybe assigned or
planned by the committee shall be considered hours worked and therefore compensable time.

Authority and Duties of the Construction Safety and Health Committee

The chairperson shall convene the Construction Safety and Health Committee at regular intervals so as to
effectively and efficiently monitor the implementation of the Construction Safety and Health Program. As
such, he shall have the following duties:

a) plan, develop and oversee the implementation of accident prevention programs for the
construction project;
b) direct the accident prevention efforts for the construction project in accordance with these rules
and the Construction Safety and Health Program;
c) initiate and supervise the conduct of brief safety meetings or toolbox meetings every day;
d) review reports of safety and health inspections, accident investigations;
e) prepare and submit to DOLE reports on committee meetings;
f) provide necessary assistance to government inspecting authorities in the proper conduct of their
enforcement and other activities;
g) initiate and supervise safety and health training for employees;
h) develop and maintain a disaster contingency plan and organize such emergency service units as
may be necessary to handle disaster situations; and
i) perform all duties provided in the Construction Safety and Health Program or those that are
necessary and incidental to the fulfillment of their duties herein described.

Safety and Health Information

Workers should be adequately and suitably:

a) informed of potential safety and health hazards to which they may be exposed at their workplace;
and
b) instructed and trained on the measures available for the prevention, control and protection
against those hazards.

No person shall be deployed in a construction site unless he has undergone a safety and health awareness
seminar conducted by the Occupational Safety and Health Center (OSHC), BWC and other concerned
offices of DOLE or by safety professionals or safety organizations or other institutions DOLE has accredited
or recognized.

The DOLE in collaboration with constructors shall promote programs for the implementation of these
awareness seminars for construction workers. Every worker shall receive instruction and training
regarding the general safety and health measures common to construction sites which shall include:

a) basic rights and duties of workers at the construction site


b) means of access and egress both during normal work and in emergency situations
c) measures for good housekeeping
d) location and proper use of welfare amenities and first-aid facilities
e) proper care and use of items or personal protective equipment and protective clothing that are
provided to the workers
f) general measures for personal hygiene and health protection
g) fire precautions to be taken
h) action to be taken in case of any emergency
i) requirements of relevant health and safety rules and regulations.

The instruction, training and information materials, shall be given in a language or dialect understood by
the worker.

Written, oral, visual and participative approaches shall be used to ensure that the worker has assimilated
the material.

Each supervisor or any designated person (e.g. foreman, leadman, gangboss, etc.) shall conduct daily tool
box or similar meetings prior to starting the tasks for the day to discuss with the workers and anticipate
safety and health problems related to every task and the potential solutions to those problems.

The supervisor shall remind the workers on the necessary safety precautions that need to be undertaken.

Specialized instruction and training should be given to:

a. drivers and operators of lifting appliances, transport, earth-moving and materials-handling


equipment and machinery or any equipment of specialized or dangerous nature;
b. workers engaged in the erection or dismantling of scaffolds;
c. workers engaged in excavations at least one meter deep or deep enough to cause danger, shafts,
earthworks, underground works or tunnels;
d. workers handling explosives or engaged in blasting operations;
e. workers engaged in pile-driving;
f. workers working in compressed air, cofferdams and caissons;
g. workers engaged in the erection of prefabricated parts of steel structural frames and tall
chimneys, and in concrete work, form work and other such work;
h. workers handling hazardous substances and materials;
i. workers as signalers; and
j. other workers as maybe categorized by TESDA.

Construction Safety and Health Training

The basic construction safety and health training shall be a forty (40)-hour training course as prescribed
by the BWC.

The training course shall include the provisions of Rule 1410 of the OSHS.

The BWC, from time to time, may modify the basic construction safety and health training course, as the
need arises.
All safety personnel involved in a construction project shall be required to complete such basic training
course.

Every constructor shall provide continuing construction safety and health training to all technical
personnel under his employ.

Continuing training shall be a minimum of 16 hours per year for every full-time safety personnel.

Construction Safety and Health Reports

All general constructors shall be required to submit a monthly construction safety and health report to
BWC or to the DOLE Regional Office concerned.

The report shall include:

➢ a monthly summary of all safety and health committee meeting agreements,


➢ a summary of all accident investigations/reports and
➢ periodic hazards assessment with the corresponding remedial measures/actions for each hazard.

In case of any dangerous occurrence or major accident resulting in death or permanent total disability,
the concerned employer shall initially notify the DOLE Regional Office within twenty-four (24) hours from
occurrence.

After the conduct of investigation by the concerned construction safety and health officer, the employer
shall report all permanent total disabilities to DOLE Regional Office on or before the 20th of the month
following the date of occurrence of accident using the DOLE/ BWC/HSD-IP-6 form.

Construction Workers Skills Certificates

In order to professionalize, upgrade and update the level of competence of construction workers, the
TESDA shall:

a) establish national skills standards for critical construction occupations;


b) prepare guidelines on skills testing and certification for critical construction occupations
c) accredit construction sector organizations in the area of skills training and trade testing; and
d) extend relevant assistance to construction sector organizations.

An occupation shall be considered critical

a) when the performance of a job affects and endangers people’s lives and limbs;
b) when the job involves the handling of tools, equipment and supplies;
c) when the job requires a relatively long period of education and training;
d) when the performance of the job may compromise the safety, health and
e) environmental concerns within the immediate vicinity of the construction site.
Workers’ Welfare Facilities

The employer shall provide the following welfare facilities in order to ensure humane working conditions:

❖ Adequate supply of safe drinking water.


a) If the water used in common drinking areas, it should be stored in closed containers from
which the water is dispensed through the taps or cocks. So, such containers should be
cleaned and disinfected at regular intervals not exceeding fifteen (15) days.
b) Notices shall be conspicuously posted in locations where there is water supply that is not fit
for drinking purposes.
❖ Adequate sanitary and washing facilities.
a) Adequate facilities for changing and for the storage and drying of work clothes.
b) Adequate accommodation for taking meals and shelter.
❖ Suitable living accommodation for workers, and as may be applicable, for their families.
❖ Separate sanitary, washing and sleeping facilities for men and women workers.

Cost of Construction Safety and Health Program

The total cost of implementing a Construction Safety and Health Program shall be a mandatory integral
part of the project’s construction cost as a separate pay item, duly quantified and reflected in the Project’s
Tender Documents and likewise reflected in the Project’s Construction Contract Documents.

Violations and Penalties

As circumstances may warrant, the DOLE shall refer to the Philippine Contractors Accreditation Board
(PCAB) its findings, after due process, on any act or omission committed by construction contractors in
violation of labor standards, safety rules and regulations and other pertinent policies.

Any such violation committed by construction contractors, whether general constructors or


subcontractors, shall constitute as prima facie case of a construction malperformance of grave
consequence due to negligence, incompetence or malpractice contemplated under R.A. 4566
(Constructors’ Licensing Law), as amended, and its Implementing Rules and Regulations.

In cases of imminent danger situations, the DOLE Regional Director shall issue a stoppage order, in
conformance with the guidelines specified under Rule 1012.02 of the OSHS and other pertinent issuances
for stoppage of operation or for other appropriate action to abate the danger.

Pending the issuance of the order, the employer shall take appropriate measures to protect his workers.

The stoppage order shall remain in effect until the danger is removed or corrected.

Non-compliance with the order shall be penalized under existing provisions of labor laws.
DEPARTMENT ORDER No. 198 Implementing Rules and Regulations of Republic Act No. 11058

An Act Strengthening Compliance with Occupational Safety and Health Standards and Providing
Penalties for Violation Thereof”

COVERAGE:

This Rules shall apply to all establishments, projects and sites, and all other places where work is being
undertaken in all branches of economic activity,

a) Establishments located inside special economic zones and other investment promotion agencies
(e.g., Philippine Economic Zone Authority (PEZA), Clark Development Corporation;
b) Utilities engaged in air, sea and land transportation; and
c) Industries such as mining, fishing construction, agriculture, and maritime

This Rules shall also cover

Contractors and subcontractors including those engaged in the projects of public sector.

Workers of contractors and subcontractors should follow the OSH policy and program of the
establishment where they are assigned.

This Rules does not apply to public sector such as national government agencies, government-owned and
controlled corporations with original charters, government financial institutions, state universities and
colleges and local government units which shall be governed by appropriate rules and regulations issued
by the Civil Service Commission and other government agencies.

Competency Standards refer to industry-determined specifications of proficiency required for effective


work performance.

These are expressed as outcomes with focus on workplace activity rather than training or personal
attributes, and the ability to apply new skills in new situations or changing work organization

Covered Workplaces refer to establishments, projects, sites and all other places where work is being
undertaken wherein the number of employees, nature of operations and risks or hazards involved in the
business, as determined by the Secretary of Labor and Employment, require compliance with the
provisions of this rules.

Department of Labor and Employment (DOLE) Accredited Training Organization refers to those which
have been granted accreditation by DOLE pursuant to Department Order No. 16, Series of 2001 and its
subsequent regulations

Employer refers to any person, natural or juridical, including the principal employer, contractor or
subcontractor, if any, who directly or indirectly benefits from the services of the employee

High risk establishment refers to a workplace wherein the presence of hazard or potential hazards within
the company may affect the safety and/or health of workers not only within but also persons outside the
premises of the workplace.

There is a high level of exposure to safety and health hazards, and probability of a major accident
resulting to disability or major illnesses is likely to occur if no preventive or control measures are in place
The following are workplaces commonly associated with potentially high-risk activities:

1. Chemical works and chemical production plants;

2. Construction;

3. Deep sea fishing;

4. Explosives and pyrotechnics factories;

5. Firefighting;

6. Healthcare facilities;

7. Installation of communication accessories, towers and cables;

8. LPG filling, refilling, storage and distribution;

9. Mining;

10. Petrochemical and biofuel works and refineries;

11. Power generation, transmission and distribution in the energy sector;

12. Storage, handling and distribution center for toxic or hazardous chemicals;

13. Storage and handling of fertilizers in high volume;

14. Transportation;

15. Water supply, sewerage, waste management, remediation activities;

16. Works in which chlorine is used in bulk; and

17. Activities closely similar to those enumerated above and other activities as determined by DOLE in
accordance with existing issuances on the classification of establishments

Low Risk Establishment refers to workplace where there is low level of danger or exposure to safety and
health hazards and not likely or with low probability to result in accident, harm or injury, or illness

Medium Risk establishment refers to a workplace where there is moderate exposure to safety and health
hazards and with probability of an accident, injury or illness, if no preventive or control measures are in
place

Safety Officer refers to any employee or officer of the company trained by DOLE or DOLE Accredited
Training Organization and tasked by the employer to implement and OSH program, and ensure that it is
in accordance with the provisions of OSH standards

Safety Officer 1 (SO1) refers to an employee who has completed the mandatory eight (8)-hour
OSH orientation course as prescribed in the OSH standards and two (2)-hour trainers’ training

Safety Officer 2 (SO2) refers to an employee who has completed the mandatory forty (40)-hour
OSH training course applicable to the industry as prescribed in the OSH standards
Safety Officer 3 (SO3) refers to an employee who has completed the mandatory 40 hour OSH
training course applicable to the industry, additional forty eight (48) hours of advanced/specialized
occupational safety training course relevant to the industry, relevant experience in OSH for at least two
(2) years, and other requirements as prescribed in the OSH standards. Qualified SO3 shall be eligible for
certification as OSH practitioner.

Safety Officer 4 (SO4) refers to an employee who has completed the mandatory forty (40) hour
OSH training course applicable to the industry, additional eighty (80) hours of advanced/specialized
occupational safety training course relevant to the industry,

an aggregate of three hundred twenty (320) hours of OSH related training or experience, an actual
experience as SO3 for at least 4 years, and other requirements as prescribed by the OSH standards.

Additional training may be converted to years of experience where eighty (80) hours of training
may equal to one (1) year of experience and vice versa. Qualified SO4 shall be eligible for certification as
OSH consultant

DUTIES OF EMPLOYERS, WORKERS AND OTHER PERSONS

Duties of employers

Every employer, contractor, subcontractor, if any, and any person who manages, controls or
supervises the work being undertaken shall:

1. Equip a place of employment for workers free from hazardous conditions that are causing or are
likely to cause death, illness or physical harm to the workers;
2. Provide complete job safety instructions and proper orientation to all workers including, but not
limited to, those relating to familiarization with their work environment;
3. Ensure that, so far as is reasonably practicable, the chemical, physical and biological substances
and agents, and ergonomic and psychosocial stresses under their control are without risk to
health when the appropriate measures of protection are taken;
4. Use only approved specific industry set of standards of devices and equipment for the workplace,
as applicable;
5. Comply with OSH standards including training, medical examination, and when necessary,
provisions on protective and safety devices such as PPE and machine guards. Training for workers
shall include health promotion, hazards associated with their work, health risks involved to which
they are exposed to, preventive measures to eliminate or minimize risks, steps to be taken in
cases of emergency, and safety instructions for the jobs, activities and tasks to be handled by
workers
6. Make arrangements for workers and their representatives to have the time and resource to
participate actively in the process of organizing, planning and implementation, monitoring,
evaluation and action for improvement of the OSH management system;
7. Provide, when necessary, for measures identifying trainings and drills, evacuation plans, etc., to
deal with emergencies, fires and accidents including first-aid arrangements;
8. Comply with reportorial requirements of the OSH standards; and
9. Register establishment to DOLE as provided under the OSH standards
Duties of Workers

Every worker, in order to ensure compliance with OSH standards shall:

1. Participate in capacity building activities on safety and health and other OSH related topics and
programs;

2. Proper use of all safeguards and safety devices furnished for workers’ protection and that of others;

3. Comply with instructions to prevent accidents or imminent danger situations in the workplace;

4. Observe prescribed steps to be taken in cases of emergency including participation in the conduct of
national or local disaster drills; and

5. Report to their immediate supervisor or any other responsible safety and health personnel any work
hazard that may be discovered in the workplace.

Duties of Other Persons

Any other person, including the builder or contractor who visits, builds, renovates or installs
devices or conducts business in any establishments or workplace, shall comply with the provisions of this
Rules and all other regulations issued by the Secretary of Labor and Employment

Workers’ Right To Know

The right to safety and health at work shall be guaranteed.

All workers shall be appropriately informed by the employer about all types of hazards in the
workplace, and be provided access to training, education, and orientation on chemical safety, electrical
safety, mechanical safety, ergonomics and other hazards and risks

All workers, including new hires, shall be provided training information for all type of hazards in
the workplace in a language and dialect that workers can understand.

Training and information materials used shall be made readily available and accessible to workers

A reorientation on safety and health for workers in high risk establishments must be conducted
regularly, not less than once a quarter, and to be conducted immediately following any changes in the
operations and production process

Workers’ right to refuse unsafe work

The worker has the right of refusal to work without threat or reprisal from the employer if, as
determined by DOLE, an imminent danger situation exists.

As a preventive measure, the safety officer may, following his/her own determination and without
fear of reprisal, implement a work stoppage or suspend operations in cases of imminent danger.

The employer, safety officer or worker shall immediately notify the DOLE that an imminent danger
situation exists in the workplace.
The employer or safety officer cannot require the workers to return to work where there is a
continuing imminent danger.

A worker may also refuse to work until the lifting of the Work Stoppage Order (WSO) after
implementing the appropriate corrective measures

Workers’ right to report accidents

Workers and their representatives shall have the right to report accidents, dangerous occurrences
and hazards to the employer, to DOLE and to other concerned competent government agencies.

They shall be free from any form of retaliation for reporting of any accident.

Workers’ right to Personal Protective Equipment

Every employer, contractor or subcontractor, if any, shall provide workers, free of charge, PPE for
any part of the body that may be exposed to hazards, and lifeline, safety belt or harness, gas or dust
respirators or masks, and protective shields whenever necessary by reason of the hazardous work process
or environment, chemical, radiological, mechanical, and other irritants or hazards capable of causing
injury or impairment in the function of any part of the body through absorption, inhalation or physical
contact.

Failure to provide appropriate PPE in high risk activities shall give rise to the right of the worker
to refuse unsafe work

Occupational Safety and Health Information

The employer, contractor or subcontractor, if any shall provide the workers in all establishments,
projects, sites and all other places where work is being undertaken adequate and suitable information on
the following:

a) Workplace hazards and the risk posed on the safety and health of the workers such as chemical
safety data sheets;
b) Control mechanisms in place that reduces or minimizes the risk of exposure to hazards and other
preventive strategies (e.g. training on specific hazards, medical monitoring tests, immunization
and control of lifestyle-related diseases);
c) Appropriate measures, including the probable location of workers, for the prevention, control and
protection against hazards; and
d) 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 Committee

To ensure that the safety and health program is observed and enforced, a safety and health committee
shall be organized in covered workplaces.
For establishments with less than ten (10) workers and low risk establishments with ten (10) to fifty
(50) workers A SO1 shall establish an OSH committee composed of

➢ Chairperson: company owner or manager


➢ Secretary: Safety officer of the workplace
➢ Member: at least one (1) worker, preferably a union member if organized

The safety officer of the workplace may also be the owner, manager or his/her designated
representative

The company owner, manager or one of the workers of the company shall undertake first aid training
from the Philippine Red Cross or any DOLE recognized organization

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 committee of the covered workplace
shall be composed of the following:

➢ Ex-officio chairperson: Employer or his/her representative


➢ Secretary: Safety officer of the workplace
➢ Ex-officio members: Certified first aider,
➢ OH dentist and OH physician, as applicable
➢ Members: safety officers representing the 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

The OSH committee shall effectively plan, develop, oversee and monitor the implementation of
the OSH program

For two (2) or more establishments housed under one building or complex including malls. – when two
or more establishments are housed under one building or complex, the health and safety committee
organized in each workplace shall form themselves into a Joint Coordinating Committee to plan and
implement programs and activities concerning all establishments.

The Joint Coordinating Committee shall be composed of the following:

➢ Chairperson: Building owner or his/her representative such as the building administrator


➢ Secretary: Safety officer of the building or complex appointed by the Chairperson
➢ Members: at least two safety officers from any of the establishment housed under one building
or complex

At least two workers’ representatives, one of which must be from a union if organized, from any of

the establishment housed under one building or complex

The building administrator shall ensure that the Joint OSH committee shall submit its organizational
plans and minutes of the DOLE Regional office, copy furnished the Bureau of Working Conditions
In the implementation of OSH program, safety officers shall be employed or designated with the
following duties and responsibilities:

a) Oversee the overall management of the OSH program in coordination with the OSH committee;

b) Frequently monitor and inspect any health or safety aspect of the operation being undertaken with the
participation of supervisors and workers;

c) Assist government inspectors in the conduct of safety and health inspection at any time whenever work
is being performed or during the conduct of an accident investigation by providing necessary information
and OSH reports as required by the OSH standards; and

d) Issue work stoppage order (WSO) when necessary based on the requirements and procedures provided
by the OSH standards

Minimum classification and number of safety officer for all covered workplaces
Occupational Health Personnel and Facilities Covered workplaces shall have qualified occupational health
personnel as shown in the next slide
Every employer covered by this Rules shall provide his/her workers medical services and facilities and shall
not be an excuse by employer from maintaining in his/her workplace a first aid treatment room or clinic
for workers

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