Question & AnswerQ&A (Republic Act No. 11058)
The main objective of Republic Act No. 11058 is to ensure a safe and healthful workplace for all working people by affording them full protection against all hazards in their work environment, enforcing compliance with occupational safety and health standards, and providing penalties for violations thereof.
The Act applies to all establishments, projects, sites, including Philippine Economic Zone Authority (PEZA) establishments, and all other places where work is being undertaken in all branches of economic activity, except in the public sector.
Employers must furnish a workplace free from hazardous conditions, provide job safety instructions and hazard information, use only approved devices and equipment, comply with OSH standards including training and PPE, allow worker participation in safety programs, and provide emergency and first-aid measures.
Workers have the right to know about workplace hazards, the right to refuse unsafe work without threat or reprisal, the right to report accidents and hazards, and the right to be provided with personal protective equipment (PPE) free of charge.
The committee includes the employer or representative as chairperson, safety officer as secretary, safety officers of contractors or subcontractors as members, occupational health personnel as ex officio members, and workers' representatives elected or chosen by the workers.
A willful failure to comply with required OSH standards or compliance orders results in an administrative fine of up to One Hundred Thousand Pesos (₱100,000.00) per day until the violation is corrected, with the amount depending on the gravity of the violation or damage caused.
The Secretary has the visitorial power to enforce OSH standards, conduct inspections anytime including spot audits, issue compliance or stoppage orders, and delegate enforcement authority to competent government agencies.
If work stoppage is due to employer violation or fault, the employer must pay workers their wages during the stoppage period. The employer is presumed at fault if the stoppage is due to imminent danger that threatens workers' lives.
Safety and health personnel must undergo mandatory training on basic occupational safety and health. Workers must attend an eight-hour safety and health seminar, and personnel in critical occupations must undergo specialized instruction and competency certification through TESDA or PRC.
The total cost of implementing an approved safety and health program is an integral part of the operation costs and must be a separate pay item in contracting or subcontracting arrangements.