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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
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Module 6: OSH Legislation