Summary
Highlights
The use of equipment, including heavy machinery, requires compliance with DOLE's OSH standards. Operators must have appropriate training and certification from TESDA or other government agencies. Covered workplaces must develop and implement a suitable OSH program posted in prominent places. Multi-establishment buildings must form joint coordinating committees to oversee OSH programs.
The session begins by explaining the importance of OSH, which is devoted to the recognition and prevention of work-related injuries and diseases. Global data from the International Labor Organization (ILO) highlights alarming statistics: 340 million work-related accidents and 160 million work-related illnesses occur annually, leading to 2 million deaths each year. Occupational accidents are most prevalent in agriculture, mining, construction, and fishing, incurring a global economic cost of 1.25 trillion USD.
In the Philippines, the top three industries with occupational cases are manufacturing, wholesale/retail trade, and administrative/support services. Common injuries include superficial wounds, open wounds, and musculoskeletal disorders. Employers with 20 or more workers are mandated to implement various OSH policies, including conservation ergonomics, stress management, chemical safety, indoor air quality, employee assistance for substance abuse, tuberculosis, HIV/AIDS, and anti-sexual harassment programs.
The legal foundation for OSH includes Presidential Decree 442 or the Labor Code of the Philippines (1974), the OSH Standards of 1978, and the most recent Republic Act 11058, also known as the OSH Law, enacted in 2019. This law covers all establishments, projects, and sites across various economic activities, including those in special economic zones, transportation, mining, construction, and maritime contractors, excluding the public sector.
The seminar defines crucial terms such as 'certified first aider,' 'covered workplaces,' 'employer,' and clarifies designations for 'high-risk,' 'moderate-risk,' and 'low-risk' establishments. 'Imminent danger' is defined as a situation likely to cause death or serious physical harm. Micro and small enterprises (MSMEs) are differentiated based on employee count. Various safety officer roles (SO1, SO2, SO3, SO4) are introduced with their respective training requirements.
Employers are responsible for providing a workplace free from hazards, complete job safety instructions, proper orientation, and ensuring chemical, physical, biological, ergonomic, and psychosocial stresses are controlled. They must use approved safety devices, comply with OSH standards, provide PPE, conduct drills for emergencies, and register with DOLE. Workers must participate in OSH activities, properly use safeguards and PPE, comply with instructions, report hazards, and adhere to emergency procedures.
Workers have the right to safety and health at work, to be informed about workplace hazards, and to receive training in their native language. They can refuse unsafe work if imminent danger exists. Safety officers can implement work stoppages in such situations. Workers are also protected from retaliation for reporting accidents, dangerous occurrences, or hazards, which can be reported to DOLE via various communication channels.
Employers must provide PPE free of charge for all body parts exposed to hazards. The cost of PPE is part of the OSH program. PPE must be appropriate, tested, and approved by DOLE. Establishments must also implement safety signage and devices, posted prominently in an understandable language, to warn workers and the public of hazards.
Safety officers are designated to oversee OSH programs, conduct monitoring and inspections, assist government inspectors, and issue work stoppage orders. They must meet specific training and experience requirements. Establishments with 51-99 workers must have at least one first aider, and adequate first aid treatment rooms. Clinics or hospitals located nearby and accessible within 25 minutes can be contracted for emergencies.
All safety and health personnel must undergo mandatory DOLE-prescribed OSH training, and all workers must attend mandatory OSH seminars. Employers are required to submit various safety and health reports to DOLE, including annual medical reports, OSH committee reports, and work accident/injury data. Establishments must also provide welfare facilities like safe drinking water, sanitary and washing facilities, and lactation stations to ensure humane working conditions.
Employers must maintain comfortable and healthy working environments through work environment measurement (WEM), including monitoring temperature, humidity, pressure, illumination, ventilation, and noise levels annually. Workers must undergo free physical examinations (pre-employment, periodic, or upon transfer/separation) including X-rays or special laboratory tests if required by their work's nature.
The Secretary of Labor and Employment, or authorized representatives, can conduct annual spot audits and enter workplaces at any time. Obstruction of these inspections is prohibited. Workers can file claims for work-related disability or death independently of employer fault, and employers must assist in these claims. The seminar concludes by mentioning incentives for employers and workers who comply with OSH and general labor standards.