Occupational Safety and Health (OSH) Program.
SEC. 12 Occupational Safety and Health (OSH) Program. - Covered workplace shall have a safety and health program including the following policies, guidelines or information:
(a) Statement of commitment to comply with OSH requirements;
(b) General safety and health, including a drug-free workplace;
(c) Human Immunodeficiency Virus (HIV) and Acquired Immune Deficiency Syndrome (AIDS)/tuberculosis/hepatitis prevention and control;
(d) Company or project details;
(e) Composition and duties of the safety and health committee;
(f) Occupational safety and health personnel and facilities;
(g) Safety and health promotion, training and education;
(h) Conduct of toolbox meetings;
(i) Accident/incident/illness investigation, recording and reporting;
(j) Provision and use of PPE;
(k) Provision of safety signage;
(l) Dust control and management, and regulations on activities such as building of temporary structures, and lifting and operation of electrical, mechanical, communication systems and other equipment;
(m) Provision of workers' welfare facilities;
(n) Emergency preparedness and response plan;
(o) Waste management system; and
(p) Prohibited acts and penalties for violations.
The safety and health program shall be prepared and executed by the employer, contractor or subcontractor, if any, in consultation with the workers and their representatives, and shall be submitted to the DOLE which shall approve, disapprove or modify the same according to existing laws, rules and regulations, and other issuances.
The approved safety and health program shall be communicated and be made readily available to all persons in the workplace.
Occupational Safety and Health (OSH) Committee.
SEC. 13. Occupational Safety and Health (OSH) Committee. - To ensure that the safety and health program is observed and enforced, a safety and health committee shall be organized in covered workplace composed of the following:
(a) Employer or a representative as the chairperson, ex officio;
(b) Safety officer od the company or project as the secretary;
(c) Safety officers representing the contractor or subcontractor, as the case may be, as members;
(d) Physicians, nurses, certified first-aiders, and dentists as members, ex officio, if applicable; and
(e) Workers' representatives who shall come from the union if the workers are organized or elected by the workers through a simple majority vote if they are unorganized, as members.
The committee shall effectively plan, develop, oversee and monitor the implementation of the safety and health program.
Safety Officer.
SEC. 14. Safety Officer. - To ensure that a safety and health program is duly followed and enforced, covered workplaces shall have safety officers who shall:
(a) Oversee the overall management of the safety and health programs;
(b) Frequently monitor and inspect any health or safety aspect of the operation being undertaken;
(c) Assist government inspectors in the conduct of safety and health inspection at any time whenever work is being performed or during the conduct of an accident investigation; and
(d) Issue work stoppage orders when necessary.
The number and qualification of safety officers shall be proportionate to the total number of workers and equipment, the size of the work area and such other criteria as may be prescribed by the DOLE.
In the case of a contractor or subcontractor, a safety officer must be deployed at each specific area of operations to oversee the management of the safety and health program of its own workforce.
Occupational Health Personnel and Facilities.
SEC. 15. Occupational Health Personnel and Facilities. - Covered workplace shall have qualified occupational health personnel such as physicians, nurses, certified first-aiders, and dentists duly complemented with the required medical supplies, equipment and facilities. The number of health personnel, equipment and facilities, and the amount of supplies shall be proportionate to the total number of workers and the risk or hazard involved, the ideal ratio of which shall be prescribed by the DOLE.
Safety and Health Training.
SEC. 16. Safety and Health Training. -
(a) All safety and health personnel shall undergo the mandatory training on basic occupational safety and health for safety officers as prescribed by DOLE.
(b) All workers shall undergo the mandatory eight (8) hours of safety and health seminar as required by the DOLE which shall include a portion on joint employer-employee orientation.
(c) All personnel engaged in the operation, erection and dismantling of equipment and scaffolds, structural erections, excavations, blasting operations, demolition, confined spaces, hazardous chemicals, welding, and flame cutting shall undergo specialized instrucction and training on the said activities.
Workers' Competency Certification.
SEC. 18. Workers' Competency Certification. - In order to professionalize, upgrade and update the level of competence of workers, the Technical Education and Skills Development Authority (TESDA) or the Professional Regulation Commission (PRC), as the case may be, shall establish national competency assessment and certification for critical occupations. In this regard, all critical occupations shall undergo the mandatory competency assessment and certification by the TESDA.
An occupation shall be considered critical when:
(a) The performance of a job affects the people's lives and safety;
(b) The job involved the handling of tools, equipment and supplies;
(c) The job requires a relatively long period of education and training; and
(d) The performance of the job may compromise the safety, health and environmental concerns within the immediate vicinity of the establishment.
Workers' Welfare Facilities.
SEC. 19. Workers' Welfare Facilities. - All establishments, projects, sites and all other places where work is being undertaken shall have the following welfare facilities in order to ensure humane working conditions:
(a) Adequate supply of safe drinking waters;
(b) Adequate sanitary and washing facilities;
(c) Suitable living accommodation for workers as may be applicable; and
(d) Separate sanitary, washing and sleeping facilities for men and women workers as may be applicable.
Cost of Safety and Health Program.
SEC. 20. Cost of Safety and Health Program. - The total cost of implementing a duly approved safety and health program shall be an integral part of the operations cost. It shall be a separate pay item in construction and in all contracting or subcontracting arrangements.
Source: Supreme Court E-Library, Republic of the Philippines. Philippine laws are public documents (works of the government).
