Title
Supreme Court
Strengthening Occupational Safety and Health Compliance
Law
Republic Act No. 11058
Decision Date
Aug 17, 2018
A Philippine law aims to ensure a safe and healthy workplace for all workers by establishing occupational safety and health standards, outlining duties and rights of employers and workers, and enforcing compliance through penalties and inspections.

Law Summary

Coverage

  • Applies to all establishments, projects, and sites in all economic sectors except public sector.
  • Includes PEZA establishments.
  • Secretary of Labor issues standards based on employee number, operations, and hazard risk.

Definitions

  • Certified First-Aider: Person trained by authorized organizations.
  • Competency Standards: Industry proficiency specifications.
  • Covered Workplaces: Places requiring OSH compliance.
  • Employer: Natural or juridical person benefiting from employee services.
  • Equipment: Machines powered by engine or electric motor.
  • General Safety and Health Inspection: Examination of environment and working conditions.
  • Imminent Danger: Risk likely to cause death or serious harm.
  • Micro and Small Enterprises (MSEs): Establishments employing less than 10 or 100 workers respectively.
  • Occupational Health Personnel: Health professionals providing OSH services.
  • OSH Standards: Occupational safety and health standards issued by Secretary of Labor.
  • Safety and Health Audit: Regular examination of safety programs and management performance.
  • Safety and Health Committee: Workplace body monitoring safety and health.
  • Safety and Health Program: Detailed OSH rules including penalties.
  • Safety Officer: Trained personnel implementing OSH program.
  • Safety Signage: Standard emergency and warning signs.
  • Workplace: Any site under employer’s control where work is done.

Duties of Employers, Workers and Others

  • Employers and supervisors must provide hazard-free workplaces, safety orientations, hazard information, only approved equipment, comply with OSH standards, involve workers in OSH programs, and prepare emergency measures.
  • Workers must participate in OSH compliance, use safety devices properly, observe emergency procedures, and report hazards.
  • Visitors, builders, contractors must comply with OSH laws.
  • Multiple concurrent employers must collaborate on OSH compliance.

Workers' Rights

  • Right to be informed of workplace hazards and access safety training.
  • Right to refuse unsafe work without reprisal when imminent danger exists.
  • Right to report accidents and hazards to authorities.
  • Right to free provision of personal protective equipment (PPE) by employer, with the cost included in safety program budget.

Safety Signage and Equipment Use

  • Hazard-warning signage must be posted prominently in understandable language.
  • Employers must comply with DOLE requirements on equipment use including transport.
  • Workers must be provided adequate OSH information including prevention and emergency measures.

Safety and Health Program

  • Covered workplaces required to have safety programs covering commitment statement, HIV/AIDS and other disease control, committee composition, training, PPE, emergency plans, and penalties.
  • The program must be prepared with worker consultation and approved by DOLE.
  • Approved program must be available to all workplace persons.

Occupational Safety and Health Committee

  • Composed of employer’s representative (chair), safety officer (secretary), contractor safety officers, health personnel, and worker representatives.
  • Responsible for planning and monitoring OSH program implementation.

Safety Officer

  • Oversees management and monitoring of safety programs.
  • Assists government inspections.
  • Can issue work stoppage orders.
  • Deployment proportional to workforce and risks.
  • Contractors/subcontractors must deploy safety officers for their operations.

Occupational Health Personnel and Facilities

  • Covered workplaces must have qualified health personnel and required medical supplies proportionate to workforce size and hazards.

Safety and Health Training

  • Mandatory training for safety personnel.
  • Mandatory 8-hour safety seminar for all workers.
  • Specialized training for workers in hazardous operations.

OSH Reporting

  • Employers, contractors, subcontractors must submit safety and health reports as required by DOLE.

Workers' Competency Certification

  • TESDA or PRC establishes competency assessment and certification for critical occupations involving life-safety, specialized skills, and environmental concerns.

Workers’ Welfare Facilities

  • Must provide safe drinking water, sanitary and washing facilities, suitable accommodations with gender-separated facilities where applicable.

Cost of Safety and Health Program

  • Total cost of safety program is part of operation cost and a separate pay item in contracting.

Joint and Solidary Liability

  • Employers, project owners, contractors, subcontractors, and supervisors are jointly and solidarily liable for compliance.

Enforcement and Inspection Power

  • Secretary of Labor or authorized reps have authority to enforce OSH standards and conduct inspections anytime.
  • Inspections may include audits and investigation of working conditions.
  • Obstruction of inspection is prohibited and courts cannot issue injunctions against enforcement orders.
  • Secretary may order work stoppage where grave danger is present.
  • Procedure follows Labor Code Article 128.
  • Inspectors must present valid ID and act within authority.
  • Inspections apply regardless of establishment size.
  • Local governments may conduct safety inspections with DOLE coordination and standards.

Payment During Work Stoppage

  • Employers must pay wages during stoppage caused by their violation or fault.
  • Employer presumed at fault if stoppage due to imminent danger.

Delegation and Standard Setting

  • Secretary may delegate enforcement authority to competent agencies.
  • Secretary shall set and update standards based on employee number, operations, and hazards, with stakeholder consultation.
  • Special focus on hazardous industries.

Workers’ Compensation Claims

  • Claims for work-related disability or death may be filed independent of employer fault.

Incentives for Employers

  • DOLE to establish incentives recognizing compliance efforts such as training, equipment, guidance, and awards.

Prohibited Acts and Penalties

  • Willful noncompliance with OSH standards or orders fined up to P100,000 daily until corrected.
  • Additional fines for obstruction, false reporting, or retaliation against whistleblowing.
  • Fines based on violation gravity and risk imposed.
  • Collected fines fund OSH programs and training.

Miscellaneous

  • Updated DOLE computerized labor law compliance system to monitor enforcement and notify accidents.
  • DOLE to create simplified OSH standards for Micro and Small Enterprises.
  • Inter-governmental coordination mechanism with multiple agencies and local governments to monitor implementation.
  • Secretary to issue implementing rules within 90 days of enactment.
  • Separability and repealing clauses apply.
  • Act takes effect 15 days after publication.

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