QuestionsQuestions (DOLE Department Order No. 136-14)
DOLE Department Order No. 136-14 is issued pursuant to Articles 162 and 165, Book IV, Titles I and II of the Labor Code of the Philippines, including its Implementing Rules and Regulations (OSH Standards), and the Joint DTI-DENR-DA-DOF-DOH-DILG-DOLE-DOTC Administrative Order No. 01, Series of 2009 on the adoption and implementation of the GHS.
It applies to all workplaces engaged in the manufacture, use, or storage of industrial chemicals in the private sector, including their supply chain.
To protect workers and property from chemical hazards and to prevent or reduce chemically induced accidents, illnesses, injuries, and deaths resulting from chemical use at work.
Industrial chemicals are those for which chemical manipulations are carried out even in small scale; multiple chemical procedures/chemicals are used in manufacturing or production; storage and handling are included; or chemical wastes collection and disposal are involved.
An SDS (or MSDS) is a document that must accompany all chemicals and is supplied by the distributor. It contains important physical, ecological, health, safety, and toxicological information to guide safe use, transport, and workplace handling, as contemplated in Section 5-C.
The label must include: Product Identifier, Supplier Identifier, Chemical Identity, Pictograms, Signal Words, Hazard Statement, and Precautionary Statement.
The SDS must be well-communicated and made available to the workers.
An SDS must have 16 sections containing minimum information including identification; hazards identification; composition/ingredients; first aid; firefighting; accidental release; handling and storage; exposure controls/personal protection; physical/chemical properties; stability/reactivity; toxicological and ecological information; disposal considerations; transport information; regulatory information; and other info including preparation and revision.
The employer must develop, implement, and monitor a chemical safety program and disseminate it; ensure proper labeling and provision of accurate SDS; provide control measures (including PPE); provide information/education/training; establish and implement a chemical emergency response plan; and ensure the Safety Officer is responsible for overall chemical safety including regular inspections and training advice.
Employees must comply with chemical safety policy/programs; take reasonable steps to eliminate/minimize risk to themselves and others; observe proper use of safeguards and safety devices; and report immediately to their supervisor any situation that could pose a potential risk.
It must plan and develop accident prevention programs; direct accident prevention efforts in line with safety programs and regulations; conduct safety meetings at least monthly; review inspection reports and accident investigations and the implementation of the program; submit reports to management; assist government inspectors; initiate and supervise safety training; and develop/maintain a disaster contingency plan with emergency service units pursuant to the civil defense emergency preparedness manual.
The establishment shall always adopt the latest provisions of the GHS.
It includes facilities maintenance with control measures; control measures (engineering, administrative); workers’ right to know; storage requirements and inventory; waste management; information and training; PPE; work environmental monitoring (WEM); occupational health and medical surveillance; and emergency preparedness and response.
Workers have the right to refuse to work if an imminent danger situation exists that may result to illness, injury, or death, until corrective actions are taken by the employer.
No container shall be accepted without an adequate identifying GHS label and an SDS. Chemicals must be stored in adequate well-ventilated areas, properly segregated per GHS physical hazard criteria and SDS storage requirements; health-hazard chemicals (including carcinogenic/mutagenic/teratogenic) must be under strict controls; stored chemicals must be inspected periodically; quantities stored must be minimized; access must be secured/limited; inventories must be periodic; and proper GHS labeling must be observed at all times.
Disposal of all toxic substances must comply with Title III on “Hazardous Waste Management” of DENR Administrative Order (DAO) 92-26.
The establishment must comply with OSHS provisions on Work Environmental Monitoring (Rule 1070) and Occupational Health and Medical Surveillance (Rule 1960), including regular biochemical monitoring for workers exposed to WHO toxicity categories I and II, free of charge, and with confidentiality of medical records. Compliance monitoring is by the Bureau of Working Conditions (BWC) through DOLE Regional Offices, with priority inspection for hazardous establishments.
Establishments using industrial chemicals must comply within one (1) year upon effectivity. The DOLE Department Order takes effect within fifteen (15) days after its publication in two (2) newspapers of general circulation.
Violations are subject to the applicable penalties provided for in the Labor Code, as amended, including other related laws.