OCCUPATIONAL SAFETY AND HEALTH LEGISLATION

Article XII (Social Justice and Human Rights) of the 1987 Constitution
- the State shall provide humane working conditions to Filipino workers.
Relevant provisions of the LCP are the following:
Art. 162- required the Secretary of the DOLE to formulate and promulgate OSH
Standards;
Art. 163-OSH trainings states that there should be continuous OSH trainings to
upgrade OSH competence;
Art. 165 - administration and enforcement designated DOLE as the sole
administrator of OSH rules and regulations in the Philippines with some
exceptions, such as those provided for the chartered cities and industries; and
Art. 128 - visitorial and enforcement power inspectors have access to employer
records and premises: 1) at any time when work is undertaken; 2) can copy such
records; and 3) can question workers. They can also order compliance of labor
laws (after due notice and hearing); and the Secretary can order stoppage of work
or suspension of operations in imminent danger cases.
Executive Order (EO.307) - established the OSHC as the national focal point on OSH
trainings, researches, information, and technical services.
Occupational Safety and Health Standards (OSHS) - a codification of all safety and health
rules and regulations, including safety orders then in existence at the time of its promulgation
(around 1978). It was formulated in compliance with Article 162 of the LCP.
Major provisions of the OSHS
Coverage and scope -OSHS applies to all places of employment except mines, sea,
and air transportation (garages, drydocks, port hangars are covered).
Duties of Employers and Workers employers should furnish workers with safe and
healthful working conditions, give job safety instructions, comply with the OSHS, and
use only approved safety devices.
Hazardous Workplaces - are defined as:
where the nature of work exposed the workers to dangerous environmental
elements, contaminants or work conditions;
where the workers are engaged in construction work, logging, fire-fighting,
mining, quarrying, blasting, stevedoring, dock work, deep sea fishing, and
mechanized farming;
where the workers are engaged in the manufacture and handling of explosives
and other pyrotechnic products;
where the workers use or are exposed to biological agents like bacteria, fungi,
viruses, protozoas, nematodes, and other parasites.
OCCUPATIONAL SAFETY AND HEALTH CENTER
oshcenter@oshc.dole.gov.ph
http://www.oshc.dole.gov.ph

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Module 6: OSH Legislation

Imminent danger situation is a condition or practice that could reasonably be

expected to cause death or serious physical harm before abatement under the
enforcement procedure can be accomplished.
Health and safety committee - these plan, develop and implement OSH programs;
provides OSH trainings to workers and conducts safety meetings at least once a
month. Instructor then discusses the different types of HSCs based on the number of
workers/
Accident/Illness reports - must be submitted to the DOLE Regional Office concerned
on the 20th day of the month preceding the month of occurrence. These reports are
also the basis of the DOLE for monitoring accident/illness trends nationwide.
OH and Environment control - is the basis for the conduct of work environment
measurements (WEM) by the OSHC. It provides for certain values on the permissible
level exposures of many contaminants and other physical hazards.
Personal Protective Equipment - every employer should furnish workers with PPE at
his own expense. The PPE must also be of the approved design and in case of loss or
damage to the PPE issued due to the fault of the worker concerned and before the
issuance of another set of PPEs, deductions for loss or damage should not exceed
20% of the weekly wage of the worker.
Types of OSH inspection - there are two types:
technical- for safety determination of boilers, pressure vessels, internal
combustion engines, electrical installations, elevators, hoisting equipment, and
other mechanical equipment;
general refers to inspection of the work environment, such as ventilation,
storage procedures, protection facilities and other safety and health hazards in
the workplace.
Penal provisions derived from the LBP, which are:
fine from P1,000-P10,000
imprisonment of not less than three (3) months;
both fine and imprisonment; and
aliens can be deported.
Other Government Responses:

Zero Accident Program (ZAP)

Employees Compensation Program (ECP)
Work Improvement in Small Enterprises (WISE)
Program on OSH in the Informal sector
OSH in Schools;
Child Labor
Quick Reaction Teams like Work ALERT, medical surveillance on SJS, and
many others.

OCCUPATIONAL SAFETY AND HEALTH CENTER

oshcenter@oshc.dole.gov.ph
http://www.oshc.dole.gov.ph

Page 2 of 2
Module 6: OSH Legislation