Legal basis and related instruments
- The issuance is issued pursuant to Articles 5 and 128 of the Labor Code of the Philippines, as amended.
- The issuance is issued in compliance with Department Order Nos. 129 and 130, Series of 2013.
- The issuance is issued in relation to the Maritime Labour Convention, 2006.
- The guidelines incorporate standards and references including 1996 ILO Code of Practice on Accident Prevention on Board Ship, at Sea and in Port (and subsequent versions).
- Crew accommodation standards are tied to Maritime Labour Convention, 2006, Accommodation of Crews Convention No. 92, and supplementary provision No. 133, as well as standards from PMMRR, SOLAS, and ISM Code.
- Shipboard fire and emergency response references include PMMRR provisions (including Regulations VIII/3) and relevant maritime conventions.
- Hazardous substances labeling follows the Globally Harmonized System.
- Occupational health compliance includes DOLE issuances on HIV/AIDS, hepatitis B, tuberculosis, and the effects of drug and alcohol dependency.
- Violence prevention is anchored to Republic Act No. 7877 (Anti-Sexual Harassment Act of 1995).
Policy, objective, and intent
- The guidelines aim to promote health and safety protection and to prevent accidents, injuries, diseases, or deaths occurring in the course of seafarers’ employment onboard ships through compliance with mandatory rules and regulations and maritime standards.
- The shipowner must adopt, implement, and promote occupational safety and health policies and programs consistent with the guidelines and the applicable ILO accident prevention code to promote seafarers’ welfare.
- Shipboard safety systems must focus on safety protection and accident prevention through hazard prevention, safe work procedures, and appropriate controls.
Coverage, scope, and definitions
- The guidelines apply to all Philippine Registered Ships plying both domestic and international voyages where an employer-employee relationship or other forms of engagement exist.
- The guidelines exclude:
- warships and naval auxiliaries,
- government ships not engaged in commercial operation, and
- fishing vessels.
- A seafarer is any person employed or engaged or working in any capacity on board Philippine registered ships.
- A shipowner includes the owner of the ship or shipping enterprise and other organizations/persons such as manager, agent, or bareboat charter that has assumed responsibility for operation, and it covers duties imposed under Maritime Labour Convention, 2006 (MLC, 2006).
- A Safety and Health Officer is a seafarer designated by the shipowner to implement the ship’s safety and health policies and programs.
- BOSH refers to the DOLE-prescribed 40-hour Basic Occupational Safety and Health training or the on-line e-BOSH training, on prevention of accidents and illnesses arising from work.
- OSHS refers to the Occupational Safety and Health Standards of the DOLE.
- Crew Accommodation includes sleeping rooms, mess rooms, sanitary accommodation, hospital accommodation, and recreation accommodation provided for use of the crew.
- Disabling Injury/Illness includes work injury or occupational disease resulting in death, permanent total disability, permanent partial disability, or temporary total disability.
- Permanent Total Disability means injury or sickness (other than death) that permanently and totally incapacitates a seafarer from engaging in any gainful occupation.
- Threshold Limit Value is the airborne concentration of substances representing conditions where nearly all seafarers may be repeatedly exposed daily without adverse effects.
- Hazardous materials or substances are substances known to constitute poison, fire, explosion or health hazards in solid, liquid, or gaseous forms.
- Hot work is any work where flame is used or a source of ignition may be produced.
- Workplace Violence is any action, conduct, threat, or gesture by a person toward an employee in the workplace that can reasonably be expected to cause harm, injury, or illness to the seafarer.
- Gross tonnage follows the tonnage measurement rules in Annex I to the International Convention on Tonnage Measurement of Ships, 1969, or, for ships under the interim scheme, the gross tonnage in the remarks column of the International Tonnage Certificate (1969).
- Gross and other ship references include SOLAS, and WHO is the World Health Organization.
Shipowner and seafarer duties
- Section 4 requires every shipowner to arrange work so it does not endanger any seafarer engaged or working in the ship.
- Section 4 requires shipowners to adopt and carry out reasonable procedures and techniques intended to prevent or reduce risk using acceptable industry standards.
- Section 4 requires shipowners to provide each seafarer health and safety education, including an awareness campaign and written information in a language all seafarers can understand.
- Section 4 requires shipowners to ensure that the designated Safety and Health Officer has undergone appropriate training.
- Section 5 requires every seafarer to work in accordance with safety standards and practices established by the shipowner in compliance with the guidelines and generally accepted shipping practices.
- Section 5 requires every seafarer to report unsafe conditions and practices to the designated Safety and Health Officer or to the Safety and Health Committee.
OSH policy, committees, and hazard controls
- Section 1 requires the shipowner to adopt, implement, and promote occupational safety and health policies and programs on ships consistent with the guidelines and the 1996 ILO accident prevention code (including subsequent versions).
- Section 1 requires the shipowner to establish a Safety and Health Committee onshore or onboard to develop and implement safety and health policies and programs for seafarers’ welfare.
- A Safety and Health Committee must be established onboard a ship with five (5) or more seafarers.
- Section 1 requires designation of a Safety and Health Officer responsible for implementing and complying with the ship’s OSH policies and programs.
- The onboard Safety and Health Committee must be composed of:
- Chairman (Master),
- Secretary (Safety and Health Officer), and
- Member (Seafarer’s Representative).
- The Safety and Health Officer must hold a BOSH Certificate issued by DOLE or a DOLE-accredited Safety Training Organization, and must have approved training in first aid and medical care as required by STCW.
Safety protection and accident prevention rules
- Section 2 requires the shipowner to ensure the following safety rules onboard:
Confined Space
- A seafarer must not enter a confined space without a work permit.
- If hazardous substances may be produced in a confined space by the work to be performed, the confined space must be ventilated, and each seafarer granted access must use a respiratory protective device or breathing apparatus.
Electrical Safety
- Testing or work on electrical equipment must follow Philippine Electrical Standards or equivalent international standards and must be performed only by a seafarer with required training and skill.
- The seafarer must use insulated protection and tools to protect against injury.
- Electrical equipment that is live or may become live must be guarded when work is performed on or near it.
Hot Work Operations
- A sufficient number of fire extinguishers must be provided in the working and adjoining areas.
- Hot work must not be performed where flammable gas, vapour, or dust may be present in the atmosphere.
- Gas cylinders must be properly placed and securely stored in an upright position.
Fall Protection System
- The shipowner must provide a fall-protection system to every seafarer granted access to an unguarded work area that is:
- more than two (2) meters above the nearest permanent safe level;
- above moving machinery parts or another surface/thing that could cause injury on contact; or
- above an open hole.
Materials Handling and Storage
- Mechanical handling equipment requires sufficient safe clearance for aisles and passageways; aisles and passageways must be kept clear with no obstructions across or in aisles that create hazards, and permanent aisles and passageways must be appropriately marked.
- Manual load handling requires proper training; before lifting and carrying weights, seafarers must inspect loads as to weight, size, and shape, and the use of lifting aids must be encouraged; seafarers must watch for sharp edges, protruding nails or splinters, greasy surfaces, and other accident-causing features.
- Storage of materials must not create hazards; stacked/bundled tiers must be stacked, blocked, interlocked, limited in height, and secured against sliding or collapse.
- Housekeeping requires storage areas to be kept free from accumulation of materials constituting hazards of tripping, fire, explosion, or pest harborage; perishable items require corresponding controls; working surfaces must be kept free of grease, oil, slippery substances, and hazard-causing objects/materials as far as practicable.
Fire Prevention, Fire Fighting, Emergency Response
- Fire protection equipment must be installed, inspected, and maintained in accordance with the Fire Detection and Extinguishing Equipment Regulations of PMMRR and relevant maritime international conventions.
- Emergency procedures must be prepared, including evacuation or abandon ship procedures, in accordance with the Emergency Drills of relevant conventions and Means of Escape or Regulations VIII/3 of PMMRR and relevant conventions.
- Detailed emergency procedure notices must be posted in conspicuous places accessible to every seafarer.
- Every seafarer must be trained and instructed on emergency procedures and on the location, use, and operation of shipowner-provided fire protection and emergency equipment.
- Each ship and manned barge must carry life jackets accessible to every person onboard and must carry a sufficient number of life jackets for persons on watch.
- Each ship and manned barge provided with survival crafts without enclosures must carry at least two thermal protective aids in every craft.
Personal Protective Equipment (PPE)
- At the shipowner’s expense, protective equipment for eyes, face, hands, and feet, protective shields and barriers must be furnished whenever necessary due to hazardous processes or environment, and hazards capable of causing injury or impairment through absorption, inhalation, or physical contact.
- PPE must be of an approved design and construction appropriate to exposure and work.
- The shipowner is responsible for adequacy and proper maintenance of PPE used in its workplace.
- No person may be subjected to or exposed to a hazardous environmental condition without proper protection.
Hazard prevention program and work environment conditions
- Section 3 requires the shipowner, in consultation with the Safety and Health Committee, to develop, implement, and monitor a hazard prevention program for hazards including ergonomic-related hazards appropriate to ship size and hazard nature.
- Section 3 requires hazard risk evaluation and control, including measures to reduce and prevent exposure risks to harmful chemicals and physical hazards such as heat, noise and vibration, and risks of injury or disease arising from use of equipment and machinery.
- Section 3 requires monitoring measures for work environment, safe work procedures, machine/equipment safety, maintenance, materials handling, and appropriate PPE use.
- Section 4 requires the shipowner to exert effort to maintain and control working and living environments in comfortable and healthy conditions to promote and maintain seafarers’ health.
Ventilation
- Workrooms with machineries and accommodation spaces must maintain suitable atmospheric conditions through natural or artificial means to avoid insufficient air supply and accumulation of contaminated air.
- Excessive heat or cold, sudden temperature variations, excessive humidity or dryness, and objectionable odors must be controlled to protect seafarers from adverse effects.
Lighting
- Lighting standards do not apply to:
- vessels less than 200 gross tonnage,
- the bridge, and
- the exterior deck where lighting levels may create a hazard to navigation.
- All areas must be illuminated by natural light or provided with adequate artificial light.
- Every ship must have an emergency lighting system that automatically operates upon lighting system failure or interruption of regular power supply, providing sufficient illumination for safe exit from confined spaces and passage through passageways and stairways to the open deck.
- Average lighting levels must not be less than the recommended average level in lux:
- 100 lux for slight discrimination of details (storage area, sanitary facilities, dining area, recreational facilities);
- 200 lux for moderate discrimination of details (crew accommodation, boiler room, engine rooms, generator rooms, office, and service space at the head of stairway/ladder/hatchway);
- 300 lux for close discrimination of details (galleys and workshops where machine work, repair and medium inspection are conducted).
- Lighting level measurements must be carried out by a qualified person.
Noise and vibration
- The workplace sound level must be less than 85 decibels (dB).
- If maintaining sound below 85 dB is not reasonably practicable, feasible engineering or administrative controls must be used.
- If controls do not reduce sound within 85 dB, the shipowner must provide ear protective devices capable of bringing sound to permissible noise exposure, and the seafarer must use them.
- In workplaces with sound level 85 dB or more, the employer must put signage and warnings for persons entering.
- Accommodation and recreational/catering facilities must be insulated from noisy equipment and machinery as far as practicable.
- Machine shop and similar working spaces must be insulated from general engine-room noise as far as practicable, with measures to reduce noise in machine operations.
- Accommodation/recreational/catering facilities must not be exposed to excessive vibration.
- A seafarer must not be exposed to continuous sound more than 75 decibel in crew accommodation.
Hazardous substances
- Containers with hazardous substances must be properly labeled under the Globally Harmonized System; shipowners must not accept any container for use, handling, storage, or disposal on a vessel unless labeled with:
- trade and chemical name of the substance,
- hazardous properties,
- hazard statements,
- precautionary statements,
- manufacturer’s identity.
- Hazardous substances for use, handling, and storage should have Safety Data Sheets (SDS) from the supplier, and a copy of SDS must be kept readily available onboard for seafarers.
- Seafarers must receive careful instructions where operations produce fumes and may deplete oxygen.
- A seafarer must not be exposed to airborne chemical agent concentrations exceeding the threshold limit value prescribed by the OSHS.
Occupational health obligations
- Section 5.1 requires an Occupational Health Program (OHP) that aims to prevent accidents, illnesses, or deaths and promote seafarers’ health.
- The OHP must comply with Department of Health-required medical examinations for seafarers and must provide preventive health services such as immunizations and health awareness campaigns, including programs addressing physical and mental fatigue and similar services.
- The OHP must include DOLE issuances on prevention and control of HIV/AIDS, hepatitis B, tuberculosis, and the effects of drug and alcohol dependency.
- Section 5.2 requires the shipowner to provide adequate medical services onboard and ensure access, when in port, to out-patient treatment, hospitalization when necessary, and dental treatment especially in emergencies.
- The shipowner must ensure means of communication for medical advice by radio or satellite communication.
- The Safety and Health Officer responsible for medical care/first aid must be instructed on using the ship’s medical guide and must establish written instructions for prompt rendering of first aid for any injury, disabling injury, or illness.
- The Safety and Health Officer must keep a copy of the instructions readily available for seafarers’ examination.
- If cargoes classified as dangerous are carried, necessary safety data sheet information must be made available to seafarers, including the nature of the substance, risks, required PPE, medical procedures, and specific antidotes.
- Seafarers must report immediately for first aid to a person holding a first aid certificate after sustaining an injury or becoming aware of disabling injury/illness, if possible.
- The Safety and Health Officer must undergo refresher courses approximately every five-year intervals to update knowledge and applications.
- Section 5.3 requires all ships to carry a medicine chest, medical equipment, and medical guide, properly maintained and inspected at regular intervals by the Safety and Health Officer.
- Medicines must be properly stored and labeled with directions for use and expiry dates.
- Medicine chests must be accessible and clearly identified by a conspicuous sign.
- The shipowner must provide and maintain medicines, medical supplies, and equipment listed in the OSHS or Maritime First-aid Guide, as much as possible not limited by the number of seafarers onboard.
- If hazardous substances to skin or eyes exist onboard, shower and/or eye wash facilities must be provided for immediate use; if not practicable, portable equipment such as wash basins must be provided.
- Section 5.4 requires the shipowner to keep and maintain records, reports, or other documents in a manner ensuring readiness for examination by the ship’s health and safety officer.
- Seafarers have access to medical records at no cost as needed.
- Seafarers’ medical records are confidential; copies to any third party may be furnished only upon the seafarer’s expressed approval.
- Section 5.5 requires policy and programs for prevention and control of HIV/AIDS, drugs, and alcohol in ships, conforming with DOLE Department Order 53-03 and DOLE Department Order 102-10.
- Section 5.6 requires the shipowner to develop and carry out a workplace violence prevention policy in consultation with seafarers.
- The workplace violence prevention policy must be posted in an accessible place and must set out the shipowner’s obligations to:
- provide a safe, healthy, and violence-free workplace,
- dedicate sufficient attention, resources, and time to address factors contributing to workplace violence and prevent and protect against it,
- communicate information about factors contributing to workplace violence, and
- assist seafarers exposed to workplace violence.
- The shipowner must conduct in-house seminars for awareness on the workplace violence prevention program.
- Section 5.7 requires policy and programs for prevention of sexual harassment in the workplace in conformance with Republic Act No. 7877 and requires the shipowner to prevent or deter sexual harassment and provide procedures for resolution, settlement, or prosecution.
Crew accommodation standards and facilities
- Rule III, Section 1 provides that the guidelines on accommodation and recreational facilities apply to ships constructed on or after the date when MLC, 2006 comes into force.
- For ships constructed before that date, the requirements of Accommodation of Crews Convention No. 92 and supplementary provision No. 133 continue to apply to the extent applicable, along with existing standards on safety and health from maritime conventions, PMMRR, SOLAS, and ISM Code.
- The shipowner must ensure adequate headroom in all crew accommodation; minimum headroom where full and free movement is necessary must be at least 203 centimeters.
- Where peculiar operations make accommodation regulations impractical (including tugboats, tanker-barges, propelled and non-propelled dry cargo barges, or those passing low bridges), exemption applies provided full and free movement of seafarers working therein is ensured.
- Deck covering in crew accommodation must be kept free of grease, oil, slippery substances, and hazard-creating materials/objects, and must have sufficient drainage.
- Ventilation for sleeping quarters, mess rooms, sanitary spaces, food preparation/canteen, and personal service rooms must be controlled to maintain satisfactory air and ensure sufficient air circulation at all times.
Sleeping quarters
- Sleeping quarters must not open directly into cargo and machinery spaces, galleys, storerooms, drying rooms, or communal sanitary areas.
- In passenger vessels and special purpose vessels with arrangements for lighting and ventilation, sleeping quarters may be located below the load line but not beneath working passageways.
- If another location is impractical due to size/type/service, sleeping quarters may be located in the fore part of the vessel, but not forward of the collision bulkhead.
- In ships less than 3,000 gross tonnage (other than passenger and special purpose ships), sleeping rooms may house a maximum of two seafarers, and floor area must be at least seven (7) square meters.
- On passenger ships and special purpose ships, floor area of sleeping rooms for seafarers must be at least:
- 7.5 square meters for rooms accommodating two persons;
- 11.5 square meters for rooms accommodating three persons;
- 14.5 square meters for rooms accommodating four persons.
- Each occupant’s furniture must include a clothes locker of at least 475 liters and a drawer lockable by the occupant to ensure privacy.
- Personal service rooms and galleys must be ventilated to provide at least two changes of air per hour.
- In sleeping quarters and galleys, temperature measured one meter above the deck in the center must be not less than 18°C and, if practicable, not more than 29°C.
- A seafarer must not be exposed to continuous sound more than 75 dB in crew accommodation.
- Separate sleeping rooms must be provided for men and women.
Mess rooms, sanitation, hospital, recreation, and food
- Mess room facilities: where seafarers must eat onboard, a galley or dining area must be available as far as practicable with, at a minimum, dishes and utensils in sufficient number for the greatest number of seafarers likely to use them at any one time.
- Mess room facilities must consider ship size and distinctive cultural, religious, and social needs.
- Sanitation: personal service rooms, galley, and pantry used by seafarers must be maintained clean and sanitary and cleaned at least once every day that they are used.
- Sanitation inspections must be made once a week while in operation for:
- supplies of food and water,
- all spaces and equipment used for storage/handling of food, and
- galley and equipment used for preparation and service of food.
- Waste containers must have tight-fitting covers and be constructed to be easily cleaned and maintained sanitary.
- Seafarers must not use a personal service room for storing equipment or supplies unless the room has a closet fitted with a door for that purpose.
- Sanitary facilities for voyages of more than four (4) hours must include per group of not more than six persons without a personal toilet/wash basin/shower:
- at least one toilet, one wash basin, and shower at a convenient location.
- Water supply must have fresh water running from taps clearly marked for hot or cold.
- In passenger ships normally engaged on voyages of not more than four-hour duration, special arrangements or reduction in required facilities may be considered.
- Hospital accommodation should facilitate consultation, medical first aid, and prevention of infectious disease spread.
- Hospital patient-exclusive sanitary facilities must comprise a minimum of one toilet, one washbasin, and a shower.
- For ships carrying 15 or more seafarers engaged in a voyage of more than three days, separate hospital accommodation must be used exclusively for medical purposes.
- Recreation: the shipowner must provide at no cost:
- recreational facilities including a bookcase and facilities for reading/writing and, where practicable, a canteen or equivalent arrangements;
- sports and equipment (exercise equipment, table games, deck games) and electronic equipment (radio, television, video recorder);
- reasonable access to ship-to-shore telephone communication, e-mail, and internet facilities where available, with charges reasonable in amount.
- Food and catering: shipowners must ensure potable water for drinking, personal washing, and food preparation.
- Potable water must be tested under WHO drinking water quality guidelines at intervals not exceeding six (6) months, and a water quality report must be available prior to bunkering at any port.
- Potable water storage tanks must be cleaned and disinfected at intervals not exceeding one year, or more frequently if test results indicate contamination.
- Food handlers must be trained, qualified, and found competent according to TESDA training regulations.
Reporting, records, and content requirements
- Rule IV, Section 1(a) requires every shipowner to submit to DOLE through its Regional Office a Report on Safety and Health Organization and the Shipowner’s Work Accident and Illness Report.
- The report must record the number of accidents, instances of occupational disease, and other hazardous occurrences known to the shipowner that affected any seafarer, as the accident occurs.
- The reporting template is downloadable at dole.gov.ph.
- For fatal accidents or permanent total disability cases, the report must be faxed or submitted online to the Bureau of Working Conditions within 24 hours after occurrence.
- For other accidents, reports must be submitted before the 20th day of the month following the date of occurrence.
- Shipowners must keep, analyze, and publish comprehensive statistics of accidents and diseases and must investigate occupational accidents.
- A shipowner must keep a copy of the ship safety and health officer’s report regarding an accident, occupational disease, or hazardous occurrence that may result in any of the enumerated outcomes:
- death of a person,
- missing seafarer/person,
- disabling injury/illness,
- loss of consciousness resulting from electric shock, toxic atmosphere, or oxygen-deficient atmosphere,
- loss of a body member or part thereof or complete loss of usefulness of a body member/part,
- permanent impairment of the seafarer’s body function,
- fire or an explosion,
- damage to a boiler or pressure vessel resulting in fire or rupture,
- workplace violence.
- Rule IV, Section 2(a) requires every shipowner to keep a record of each minor injury affecting a seafarer in the course of employment.
- Each minor injury record must contain:
- date, time, and location of occurrence,
- name of affected seafarer,
- brief description of minor injury,
- cause/s of minor injury,
- description of first aid or medical treatment given, if applicable.
Compliance, enforcement, penalties, and transitory rules
- Rule V, Section 1 requires all shipowners engaged in domestic and international shipping to comply with the maritime OSH guidelines.
- Enforcement is governed by applicable provisions of Department Order Nos. 129 and 130.
- Rule VI, Section 2 provides that all violations of the guidelines are subject to the **applicable penalties provided for in the Labor Code, PD 442 as amended.
- Rule VI, Section 3 requires that all seafarers designated as Safety and Health Officers currently onboard ships engaged in international voyages or domestic shipping without BOSH Certificate and training on first aid and medical care must secure the necessary training and certification within one (1) year after effectivity.
- Rule VI, Section 1 requires regular review of the guidelines in consultation with representatives of shipowners’ and seafarers’ organizations, and revision when necessary to account for technology and research for continuous improvement and a safe occupational environment.