Law Summary
Exclusive DOLE Jurisdiction Over Occupational Safety and Health
- DOLE has exclusive jurisdiction for preparing and enforcing OSH standards in construction.
- Authority is supported by Labor Code provisions (Articles 162 and 165).
Delegation of Authority and Accreditation for OSH Enforcement
- DOLE Secretary may delegate enforcement to chartered cities/municipalities with resources.
- Private safety organizations may be accredited to conduct safety audits.
- Accreditation follows procedures in Rule 1030 of OSHS.
Coverage of These Guidelines
- Applies to all construction operations and subdivisions including building, engineering, specialty trades.
- Includes companies involved in demolition and construction-related activities as defined by DOLE.
Construction Safety and Health Program Requirements
- Each project must have a program aligned with DOLE rules.
- Project Manager or authorized person responsible for compliance.
- Program must include committee composition, safety policies, training schedules, penalties, and waste disposal methods.
- Submission of the program to Bureau of Working Conditions for approval.
- Implementation cost included as a separate pay item in project costs.
Provision and Use of Personal Protective Equipment (PPE)
- Employers must supply PPE at their expense whenever hazards are present.
- PPE must meet approved standards under OSHS Rule 1080.
- Workers on unguarded surfaces of six meters or higher must use safety harnesses and lifelines.
- Specialty workers require specialized protective gear.
- All persons on site must wear appropriate PPE.
Safety Personnel Requirements
- General constructor to provide full-time safety and health officer.
- Additional safety officers as per workforce size and equipment numbers.
- Subcontractors to provide qualified safety representatives.
- Safety personnel must be accredited by the Bureau of Working Conditions.
Emergency Occupational Health Personnel and Facilities
- Personnel requirements scale with number of site workers (from first-aider to full-time nurse, physician, dentist, infirmary).
- Access to the nearest medical/dental clinic if only treatment room is provided.
- Engagement of an emergency health provider fulfills hospital accessibility requirements.
- Adequate inventory of medical supplies mandated.
Construction Safety Signages
- Must warn workers/public of hazards and be prominently displayed in understandable language.
- Signs cover protective equipment mandates, hazard alerts (falling objects, fall risk, explosives, tripping, electrical danger), fire equipment location, equipment instructions, and accident statistics.
- Regular inspection and maintenance of signage is required; damaged signs replaced promptly.
Safety in Heavy Equipment Operation
- Pre-construction: Operators must be certified via TESDA trade tests; equipment certified for safety.
- During construction: Compliance with transport load and clearance rules, secured transport, hazard avoidance during setup.
- Routine inspections by certified mechanics/operators daily; logbooks maintained.
- Only certified operators allowed to operate equipment.
- Post-construction: Dismantling and demobilization follow same safety standards.
Construction Safety and Health Committee
- Committee formed at project start includes Project Manager, safety officers, health personnel, subcontractor representatives, and worker representatives.
- Committee members' time spent on duties is compensable.
- Duties include planning accident prevention, monitoring implementation, conducting meetings, submitting reports, assisting inspectors, training, contingency planning.
Safety and Health Information and Training
- Workers must be informed and trained on hazards and safety measures.
- Mandatory safety and health awareness seminar for all construction workers before deployment.
- Training includes workers’ rights, emergency procedures, PPE use, hygiene, fire precautions.
- Material delivered in understandable language using diverse methods.
- Daily toolbox meetings by supervisors required.
- Specialized training prescribed for high-risk tasks and equipment operators.
Construction Safety and Health Training
- Basic safety training is 40 hours as prescribed by BWC, aligned with OSHS Rule 1410.
- Continuing training of minimum 16 hours/year required for full-time safety personnel.
Safety Reporting Requirements
- Monthly safety and health reports required to BWC or DOLE regional offices.
- Reports include committee meeting summaries, accident investigation, hazard assessments, and remedial measures.
- Immediate notification of major accidents to DOLE required within 24 hours.
Skills Certification of Construction Workers
- TESDA tasked to establish national skills standards and testing for critical occupations.
- Certification mandatory for critical jobs affecting safety, health, environmental concerns, or requiring specialized skill and training.
Workers’ Welfare Facilities
- Employers must provide safe drinking water with proper storage and posted notices if water is unsafe.
- Sanitary and washing facilities, changing rooms, meal shelters, and living accommodations must be adequate.
- Separate facilities for men and women required.
Cost Integration
- Construction Safety and Health Program costs must be included as a separate, quantified pay item in project tender and contract documents.
Complementary and Superseding Provisions
- Other OSH guidelines consistent with these rules remain valid.
- Invalid provisions do not affect the rest of the guidelines.
Violations and Penalties
- DOLE may report violations by contractors to PCAB as grounds for licensing sanctions.
- Imminent danger situations warrant stoppage orders by DOLE and failure to comply is penalized under labor laws.
Effectivity and Application
- Guidelines serve as policy and procedural framework for enforcement.
- They do not reduce existing employee benefits.
- Effectivity is immediate from issuance date.