QuestionsQuestions (BOARD OF MARINE ENGINEER OFFICERS PRC Resolution NO. 12, S. OF 2000)
It cites Article 162 and Article 165 of the Labor Code of the Philippines (Book Four, Title I, Chapter 2), which authorize the Secretary of Labor and Employment to set/enforce mandatory OSHS and make DOLE solely responsible for OSH administration and enforcement in all workplaces.
“Constructor” is synonymous with “builder” and includes any person or organization that constructs, alters, repairs, improves, demolishes, or undertakes any part of construction works, including erection of scaffolding. It expressly includes subcontractors and specialty contractors.
Imminent danger is a condition/practice that could reasonably be expected to cause death or serious physical harm before abatement can be accomplished under normal enforcement. In such cases, the DOLE Regional Director may issue a stoppage order until the danger is removed or corrected; non-compliance is penalized under existing labor laws.
Every construction project must have a suitable Construction Safety and Health Program consistent with DOLE rules and OSHS. The Construction Project Manager (or Project Manager as authorized by the owner) is responsible for compliance; it must be stated in the required components and submitted to the BWC for approval/disapproval/modification.
Examples: (1) composition of the Construction Safety and Health Committee (or undertaking to organize it), (2) specific safety policies including frequency/persons responsible for toolbox and gang meetings, (3) penalties and sanctions for violations, (4) frequency/content/persons for worker orientation and training, and (5) manner of disposing construction waste.
It is executed and verified by the Construction Project Manager or Project Manager (as authorized). It must be submitted to the Bureau of Working Conditions (BWC), which may approve, disapprove, or modify it.
The cost must be integrated into the project’s construction cost but as a separate pay item, duly quantified and stated in the tender documents and construction contract documents.
Employers must furnish PPE at their own expense (for eyes, face, hands, feet, lifeline, safety belt/harness, shields/barriers, etc.) whenever necessary due to hazards. Workers must wear the necessary PPE at all times; all authorized/allowed persons on-site must also wear appropriate PPE.
Workers working from unguarded surfaces six (6) meters or more above water/ground or temporary/permanent floor platforms/scaffolds (or wherever exposed to fall hazards) must be provided with safety harnesses and life lines.
(a) The general constructor must provide a full-time general construction safety and health officer and additional officers depending on project personnel complement (per OSHS Rule 1033). It also requires one officer for every ten (10) units of heavy equipment. (b) Each subcontractor must provide a representative with the same qualifications as a Safety Man/Officer to oversee OSH for its workforce.
Yes. The issuance states that safety personnel employed on full-time basis should be accredited by the BWC of DOLE.
If ≤50 workers: certified first-aider. Over 50 but ≤200: full-time registered nurse. Over 200 but ≤300: full-time registered nurse, part-time physician and dentist, plus emergency clinic. Over 300: full-time registered nurse, full-time physician, dentist, plus infirmary or emergency hospital with one bed capacity, with an additional one bed per each 100 employees beyond 300.
The employer must ensure access to the nearest medical/dental clinic or a clinic within a five (5) km radius reachable in 25 minutes of travel, with transportation facilities, and a written contract with the medical/dental clinic to attend to workplace emergencies.
Before commissioning, the general constructor must ensure certifications from DOLE-accredited organizations: (1) operators must be tested and certified using a standard TESDA trade test (in coordination with accredited organizations), and (2) heavy equipment must be tested and certified under DOLE or recognized organization standards.
Daily routine inspection must be conducted by duly certified mechanics and operators in accordance with TESDA/ACEL standards, and routine inspection must be performed by DOLE-accredited professionals in accordance with DOLE standards. The general constructor and equipment owner must maintain separate logbooks for each heavy equipment covering maintenance, repairs, tests, and inspections.
The chairperson convenes meetings at regular intervals and oversees accident prevention and OSH implementation; initiates toolbox meetings; reviews inspection and accident investigation reports; prepares DOLE reports on committee meetings; assists government inspectors; initiates safety and health training; develops and maintains a disaster contingency plan and emergency service units; and performs duties provided in the OSH program.
No person shall be deployed unless he underwent a safety and health awareness seminar conducted by OSHC/BWC/DOLE or DOLE-accredited/recognized safety professionals/organizations. Basic construction safety and health training is a 40-hour course as prescribed by BWC. Continuing training is at least 16 hours per year for full-time safety personnel.
General constructors must submit a monthly construction safety and health report to BWC or the DOLE Regional Office, including committee agreements, accident investigations, and hazard assessments with remedial measures. For a dangerous occurrence or major accident resulting in death or permanent total disability, the employer must initially notify the DOLE Regional Office within 24 hours.