QuestionsQuestions (Republic Act No. 11058)
RA 11058 declares that labor is a primary social and economic force and that a safe and healthy workforce is integral to nation building. The State must ensure a safe and healthful workplace, fully enforce OSH laws and internationally recognized standards, protect workers against injury, sickness, or death, and promote strict but dynamic, inclusive, and gender-sensitive OSH measures.
RA 11058 applies to all establishments, projects, sites, and other places where work is undertaken in all branches of economic activity, including PEZA establishments. The major exception stated is the public sector.
“Employer” includes any person—natural or juridical—such as the principal employer, contractor, or subcontractor, if any, who directly or indirectly benefits from the services of the employee.
It is a situation caused by a condition or practice in any place of employment that could reasonably be expected to lead to death or serious physical harm.
Employers/contractors/subcontractors and persons managing, controlling, or supervising work must: (1) furnish a workplace free from hazardous conditions; (2) provide complete job safety instructions/orientation; (3) inform workers of hazards, health risks, preventive measures, and emergency steps; (4) use only approved devices/equipment; (5) comply with OSH standards including training, medical exams, and protective devices/PPE and machine guards; (6) allow workers and their safety/health representatives to participate in OSH program processes; and (7) provide measures for emergencies and accidents including first aid arrangements.
Workers have the right to refuse unsafe work without threat or reprisal if, as determined by DOLE, an imminent danger situation exists and corrective actions have not been undertaken by the employer.
The right to safety and health at work is guaranteed. Workers must be appropriately informed about hazards and provided access to training/education on chemical safety and orientation on safety data sheets and electrical, mechanical, and ergonomical safety.
Employers/contractors/subcontractors must provide PPE free of charge for specified body parts (eyes, face, hands and feet, lifeline/safety belt/harness, respirators/masks, protective shields as necessary). PPE cost must be part of the safety and health program and is a separate pay item.
All covered workplaces must have safety signage and devices to warn workers and the public. Signage must be posted in prominent locations at strategic sites in a language understandable to all and in accordance with DOLE standards.
The OSH Program must include, among others: commitment to comply with OSH; general safety and health including drug-free workplace; HIV/AIDS/TB/hepatitis prevention and control; company/project details; composition and duties of the safety and health committee; OSH personnel/facilities; promotion/training/education; toolbox meetings; accident/incident/illness investigation and reporting; PPE provision and use; safety signage; dust control and rules for specific high-risk activities; workers’ welfare facilities; emergency preparedness and response plan; waste management system; and prohibited acts and penalties.
It is composed of: (a) employer or representative as chairperson (ex officio); (b) safety officer as secretary; (c) safety officers representing contractors/subcontractors as members; (d) physicians/nurses/certified first-aiders/dentists as members (ex officio if applicable); and (e) workers’ representatives either from the union if organized or elected by workers via simple majority vote if unorganized.
Safety officers oversee the OSH program management; frequently monitor and inspect safety/health aspects; assist government inspectors during inspections or accident investigations; and issue work stoppage orders when necessary. The number/qualification must be proportionate to workers/equipment/work area and other criteria set by DOLE.
Employees, contractors, and subcontractors must submit all safety and health reports and notifications prescribed by DOLE.
The employer, project owner, general contractor, contractor or subcontractor, if any, and any person who manages/controls/supervises work are jointly and solidarily liable for compliance with the Act.
The Secretary of Labor and Employment (or authorized representatives) can enforce mandatory OSH standards, conduct annual spot audits with labor and employer sector representatives, and enter workplaces any time day or night to examine records and investigate facts/conditions necessary to determine compliance. Obstruction is prohibited, and DOLE may order stoppage of work or suspension of operations when noncompliance poses grave and imminent danger.
If stoppage due to imminent danger results from the employer’s violation or fault, the employer must pay workers their wages during stoppage/suspension. The employer is presumed a party at fault if the stoppage order is issued because of an imminent danger situation that imperils workers’ lives.
Prohibited acts include willful failure/refusal to comply with required OSH standards or compliance orders, leading to administrative fines not exceeding P100,000 per day until corrected, with higher fines possible depending on frequency/gravity/damage (maximum when exposing workers to risk of death, serious injury, or serious illness). Separate maximum fines may also apply for acts to aid/conceal/facilitate noncompliance such as obstruction/delay/refusal of access, submitting false statements/records, or retaliation/discrimination against workers who gave information.
A worker may file claims for compensation benefit arising from work-related disability or death. Such claims are processed independently of findings of fault, gross negligence, or bad faith of the employer in separate proceedings.