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.