Policy and protective purpose
- The State affirms labor as a primary social and economic force and declares that a safe and healthy workforce is integral to nation building (Section 1).
- The State shall ensure a safe and healthful workplace for all working people by affording full protection against all hazards in the work environment (Section 1).
- The State shall ensure full enforcement and compliance with the Labor Code, domestic laws, and internationally recognized occupational safety and health standards by employers, and shall provide penalties for violations (Section 1).
- The State shall protect every worker against injury, sickness, or death through safe and healthful working conditions to conserve manpower resources and prevent loss or damage to lives and properties consistent with national development goals (Section 1).
- The State shall promote strict but dynamic, inclusive, and gender-sensitive measures in formulating and implementing occupational safety and health policies and programs (Section 1).
Coverage, excluded sector, and OSH standards
- RA 11058 applies to all establishments, projects, sites, including PEZA establishments, and all other places where work is being undertaken in all branches of economic activity, except the public sector (Section 2).
- The Secretary of Labor and Employment shall issue the appropriate occupational and health standards based on the number of employees, nature of operations, and the risk or hazard involved (Section 2).
- OSH standards are the Occupational Safety and Health Standards issued by the Secretary pursuant to Articles 168 and 171, Chapter 2, Title I of Book Four of Presidential Decree No. 442, as amended (Labor Code), and other standards issued pursuant to RA 11058 (Section 3(j)).
Core definitions and key concepts
- Certified first-aider means a person trained and duly certified to administer first aid by the Philippine Red Cross or an organization authorized by the Secretary of Labor and Employment (Section 3(a)).
- Competency standards mean industry-determined specifications of proficiency required for effective work performance, expressed as outcomes focused on workplace activity and the ability to apply skills in changing situations or work organization (Section 3(b)).
- Covered workplaces are establishments, projects, sites, and other workplaces where employee number, nature of operations, and risk/hazard require compliance as determined by the Secretary (Section 3(c)).
- Employer includes any person, natural or juridical, including the principal employer, contractor, or subcontractor, if any, who directly or indirectly benefits from the services of the employee (Section 3(d)).
- Equipment means any machine with an engine or electric motor as prime mover (Section 3(e)).
- Imminent danger means a condition or practice in a place of employment that could reasonably be expected to lead to death or serious physical harm (Section 3(g)).
- Micro and Small Enterprises (MSEs) refer to establishments employing less than ten (10) employees and establishments employing less than one hundred (100) employees, respectively (Section 3(h)).
- Occupational health personnel includes a qualified first aider, nurse, dentist, or physician engaged by the employer to provide occupational health services (Section 3(i)).
- Occupational Safety and Health (OSH) standards are defined under Section 3(j) (Section 3(j)).
- Safety officer is an employee or officer trained by DOLE and tasked by the employer to implement an OSH program in accordance with OSH standards (Section 3(n)).
- Workplace is any site or location where workers need to be or to go by reason of work, under the direct or indirect control of the employer (Section 3(p)).
- Safety and health committee, safety and health program, general safety and health inspection, safety and health audit, and safety signage are defined in Sections 3(l), 3(m), 3(f), 3(k), and 3(o), respectively.
Employer duties, worker rights, and workplace requirements
Employers, contractors, subcontractors, and persons who manage, control, or supervise work must furnish a workplace free from hazardous conditions causing or likely to cause death, illness, or physical harm (Section 4(a)(1)).
They must provide complete job safety instructions/orientation to all workers, especially those entering for the first time, including familiarization with the work environment (Section 4(a)(2)).
They must inform workers of hazards, health risks, preventive measures, and emergency steps (Section 4(a)(3)).
They must use only approved devices and equipment (Section 4(a)(4)).
They must comply with OSH standards, including training, medical examination, and where necessary provide protective and safety devices such as PPE and machine guards (Section 4(a)(5)).
They must allow workers and their safety and health representative to actively participate in organizing, planning, implementing, and evaluating the safety and health program (Section 4(a)(6)).
They must provide, where necessary, measures for emergencies and accidents, including first-aid arrangements (Section 4(a)(7)).
Every worker must participate in ensuring compliance, make proper use of safeguards and safety devices, observe instructions to prevent accidents or imminent danger situations, and observe emergency steps (Section 4(b)).
Workers must report to the supervisor any work hazard they discover (Section 4(b)).
Builders, contractors, or other persons who visit, build, renovate, install devices, or conduct business in an establishment or workplace must comply with RA 11058 and all other DOLE-issued regulations (Section 4(c)).
Where two (2) or more undertakings operate simultaneously in one (1) workplace, all engaged undertakings must collaborate in applying OSH standards and regulations (Section 4(d)).
Workers have a guaranteed Right to Know, and employers must appropriately inform workers about hazards and provide access to training and education on chemical safety and orientation on data sheets of chemical safety, electrical safety, mechanical safety, and ergonomical safety (Section 5).
Workers have a Right to Refuse Unsafe Work: a worker may refuse without threat or reprisal if DOLE determines an imminent danger exists that may result in illness, injury, or death and corrective actions have not been undertaken (Section 6).
Workers and their representatives have a Right to Report accidents, dangerous occurrences, and hazards to the employer, DOLE, and other concerned government agencies competent in the specific industry or economic activity (Section 7).
Employers, contractors, and subcontractors must provide workers free of charge protective equipment for the eyes, face, hands and feet, including lifeline, safety belt or harness, gas/dust respirators or masks, and protective shields whenever necessary due to hazardous processes/environment and chemical/radiological/mechanical and other irritants or hazards capable of causing injury or impairment (Section 8).
PPE costs must be part of the safety and health program and must be a separate pay item pursuant to Section 20 (Section 8).
All PPE must be of the appropriate type tested and approved by DOLE and usage must be based on evaluation and recommendation of the safety officer (Section 8).
All covered workplaces must have safety signage and devices to warn workers and the public, posted in prominent positions at strategic locations in a language understandable to all and in accordance with DOLE standards (Section 9).
Employers, contractors, and subcontractors must comply with DOLE requirements on equipment use across operational phases, including transport to and from the workplace (Section 10).
Employers, contractors, and subcontractors must provide adequate and suitable information on safety and health hazards and appropriate measures, including probable locations of workers, for prevention/control/protection against hazards (Section 11).
OSH programs, committees, safety officers, health personnel
Covered workplaces must have a safety and health program containing policies/guidelines/information including:
- a commitment to comply with OSH requirements (Section 12(a));
- general safety and health, including a drug-free workplace (Section 12(b));
- HIV and AIDS/tuberculosis/hepatitis prevention and control (Section 12(c));
- company or project details (Section 12(d));
- safety and health committee composition and duties (Section 12(e));
- occupational safety and health personnel and facilities (Section 12(f));
- safety and health promotion, training and education (Section 12(g));
- conduct of toolbox meetings (Section 12(h));
- accident/incident/illness investigation, recording, and reporting (Section 12(i));
- provision and use of PPE (Section 12(j));
- provision of safety signage (Section 12(k));
- dust control and management, including regulations on activities such as temporary structures and lifting/operation of electrical, mechanical, communication systems and other equipment (Section 12(l));
- workers’ welfare facilities (Section 12(m));
- emergency preparedness and response plan (Section 12(n));
- waste management system (Section 12(o));
- prohibited acts and penalties for violations (Section 12(p)).
The safety and health program must be prepared and executed by the employer/contractor/subcontractor in consultation with workers and their representatives (Section 12).
The program must be submitted to DOLE, which shall approve, disapprove, or modify it according to existing laws, rules, regulations, and other issuances (Section 12).
The approved safety and health program must be communicated and made readily available to all persons in the workplace (Section 12).
A safety and health committee must be organized in covered workplaces to plan, develop, oversee, and monitor implementation of the safety and health program (Section 13).
The committee is composed of:
- employer or representative as chairperson, ex officio (Section 13(a));
- safety officer of the company/project as secretary (Section 13(b));
- safety officers representing contractors/subcontractors, as applicable (Section 13(c));
- physicians, nurses, certified first-aiders, and dentists as members ex officio if applicable (Section 13(d));
- worker representatives from the union if organized, or elected by workers through a simple majority vote if unorganized (Section 13(e)).
Covered workplaces must have safety officers who must:
- oversee overall management of the safety and health program (Section 14(a));
- frequently monitor and inspect health or safety aspects of operations (Section 14(b));
- assist government inspectors during safety and health inspections and accident investigations (Section 14(c));
- issue work stoppage orders when necessary (Section 14(d)).
The number and qualification of safety officers must be proportionate to total workers and equipment, size of work area, and other criteria prescribed by DOLE (Section 14).
In contractor/subcontractor settings, a safety officer must be deployed at each specific area of operations to oversee management for its workforce (Section 14).
Covered workplaces must have qualified occupational health personnel (physicians, nurses, certified first-aiders, dentists) complemented with required medical supplies/equipment/facilities (Section 15).
The number of health personnel and amount of supplies/equipment must be proportionate to total workers and the risk or hazard involved, with the ideal ratio prescribed by DOLE (Section 15).
Safety and health training requirements include:
- mandatory training on basic occupational safety and health for safety officers as prescribed by DOLE (Section 16(a));
- mandatory eight (8) hours safety and health seminar for all workers as required by DOLE, including a portion on joint employer-employee orientation (Section 16(b));
- specialized instruction/training for personnel engaged in operation, erection/dismantling of equipment and scaffolds, structural erections, excavations, blasting operations, demolition, confined spaces, hazardous chemicals, welding, and flame cutting (Section 16(c)).
All employees, contractors, and subcontractors must submit all safety and health reports and notifications prescribed by DOLE (Section 27).
All establishments must maintain workers’ welfare facilities including:
- adequate supply of safe drinking waters (Section 19(a));
- adequate sanitary and washing facilities (Section 19(b));
- suitable living accommodation for workers as may be applicable (Section 19(c));
- separate sanitary, washing and sleeping facilities for men and women workers as may be applicable (Section 19(d)).
The total cost of implementing a duly approved safety and health program is an integral part of operations cost and must be a separate pay item in construction and in all contracting or subcontracting arrangements (Section 20).
Joint and solidary liability of responsible parties
- The employer, project owner, general contractor, contractor or subcontractor, if any, and any person who manages, controls, or supervises work are jointly and solidarily liable for compliance with RA 11058 (Section 21).
Enforcement, inspections, stoppage, and worker pay
- The Secretary of Labor and Employment, or authorized representatives, enforce mandatory OSH standards and conduct an annual spot audit with representatives from labor and employer sectors (Section 22).
- Authorized representatives may enter workplaces at any time of the day or night where work is being performed to examine records and investigate facts/conditions/matters needed to determine compliance (Section 22).
- No person or entity may obstruct, impede, delay, or render ineffective OSH orders; no lower court or entity may issue injunction or restraining order or assume jurisdiction over cases involving enforcement orders (Section 22).
- The Secretary may order stoppage of work or suspension of operations of any unit/department when noncompliance with law or implementing rules and regulations poses grave and imminent danger to workers (Section 22).
- The inspection, violation notification, and issuance of compliance or stoppage orders follow the procedure under Article 128 of the Labor Code of the Philippines, as implemented by DOLE regulations on administration and enforcement of labor laws (Section 22).
- Inspectors enforcing OSH compliance must present proper identification upon request and act only within the authority/direction given by the Secretary (Section 22).
- DOLE labor inspection is not replaced by self-assessment (Section 22).
- Chartered cities may conduct industrial safety inspections within their jurisdiction in coordination with DOLE if they have adequate facilities and competent personnel as determined by DOLE and subject to national standards (Section 22).
- If stoppage of work due to imminent danger results from the employer’s violation or fault, the employer must pay workers their wages during the period of stoppage or suspension of operations (Section 23).
- For wage payment and other liabilities arising from a work stoppage order, the employer is presumed a party at fault if the work stoppage order is issued secondary to the imminent danger situation that would imperil workers’ lives (Section 23).
- Authority to enforce mandatory OSH standards may be delegated by the Secretary to a competent government authority (Section 24).
Standards setting, compensation claims, and incentives
- The Secretary shall, in consultation with other concerned government agencies and relevant stakeholders, set and enforce mandatory OSH standards by appropriate orders to eliminate or reduce hazards based on employee number, nature of operations, and risk/hazard (Section 25).
- The Secretary shall institute new and update existing programs to ensure safe and healthy working conditions, especially in hazardous industries such as mining, fishing, construction, and the maritime industry (Section 25).
- A worker may file claims for compensation benefits arising out of work-related disability or death, and processing is independent of findings of fault, gross negligence, or bad faith of the employer in the compensation proceeding (Section 26).
- DOLE shall establish an incentives package under rules and regulations for qualified employers recognizing efforts toward compliance with OSH and general labor standards, including OSH training packages, additional protective equipment, technical guidance, recognition awards, and other similar incentives (Section 27).
Prohibited acts and administrative fines
Willful failure or refusal to comply with required OSH standards or with a compliance order results in an administrative fine not exceeding PHP 100,000 per day until the violation is corrected, counted from the date the employer/contractor is notified or from service of the compliance order (Section 28(a)).
The daily fine depends on the frequency or gravity of the violation or damage caused (Section 28(a)).
The maximum amount applies only when the violation exposes workers to a risk of death, serious injury or serious illness (Section 28(a)).
Willful failure or refusal to comply with required OSH standards or a compliance order, and engaging in acts to aid, conceal, or facilitate noncompliance, incurs an additional maximum PHP 100,000 administrative fine, separate from the daily fine (Section 28(b)).
Prohibited facilitating acts include:
- repeated obstruction, delay, or refusal to provide access to the workplace or to provide/allow access to relevant records/documents, or obstruction of investigations necessary to determine compliance (Section 28(b)(1));
- misinterpretation linked to adherence to OSH standards, with knowledge that submitted statements, reports, or records are false in material aspects (Section 28(b)(2));
- retaliatory measures such as termination of employment, refusal to pay, reducing wages and benefits, or discriminating against a worker who gave information relative to an inspection (Section 28(b)(3)).
DOLE, in consultation with relevant stakeholders, shall issue a list of offenses with corresponding reasonable administrative fines depending on severity, frequency, and damage, without prejudice to filing a criminal or civil case in regular courts (Section 28(b)).
Administrative fines collected must be used for the operation of occupational safety and health initiatives including occupational safety and health training and education and other occupational safety and health programs (Section 28).
MSE implementation, coordination, and IT systems
- DOLE must develop OSH core compliance standards specific to MSEs to ensure safe and healthy workplaces (Section 30).
- All MSEs must implement prescribed standards for housekeeping, materials handling and storage, electrical and mechanical safety, chemical safety, emergency preparedness, fire safety and PPE, and must monitor hazards regularly (Section 30).
- DOLE must institute a coordination mechanism with specified government agencies and local government units within sixty (60) days from the issuance of the implementing rules and regulations (Section 31).
- The agencies must regularly convene to monitor effective implementation of the Act and related prevention/elimination programs and projects (Section 31).
- DOLE must maintain an updated labor inspection system using computerized gathering/generation of real-time data on compliance monitoring and a system for notification on workplace accidents and injuries (Section 29).
Implementing rules, separability, repeal
- DOLE must formulate the implementing rules and regulations within ninety (90) days after effectivity of RA 11058 in coordination with concerned agencies (Section 32).
- Separability is applied: invalidity or unconstitutionality of any part, section, or provision does not affect other provisions that remain in full force and effect (Section 33).
- Repeal/Modification applies: all laws, acts, decrees, executive orders, rules and regulations, or other issuances or parts inconsistent with RA 11058 are modified or repealed (Section 34).
Additional occupational specialization and competency
- TESDA or PRC shall establish national competency assessment and certification for critical occupations (Section 18).
- Critical occupations must undergo mandatory competency assessment and certification by TESDA (Section 18).
- An occupation is critical when performance affects people’s lives and safety, involves handling tools/equipment/supplies, requires relatively long education/training, or may compromise safety, health, and environmental concerns in the immediate vicinity of the establishment (Section 18).
OSH communications and inspections reports
- Employers must provide adequate OSH information to workers on hazards and preventive/control measures and probable worker locations for protection against hazards (Section 11).
- Employers must submit DOLE-prescribed OSH reports and notifications (Section 27).