DOLE issues IRR for implementation of OSHS law
Published Dec 08, 2018 15:05 pm
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Updated Dec 08, 2018 15:05 pm
By Analou De Vera
The Department of Labor and Employment (DOLE) has issued the implementing rules and regulations (IRR) for the implementation of Republic Act No. 11058 also known as the Occupational Safety and Health Standards (OSHS) law.
DOLE logo
(Manila Bulletin file photo) Labor Secretary Silvestre Bello III has signed Department Order No. 198 which details the IRR of RA 11058. The 23-page IRR, which was released Friday, shall apply to all establishments, projects and sites and all other places where work is being undertaken in all branches of economic activity. It also covers the contractors and subcontractors including those engaged in the projects of the public sector. Meanwhile, the said IRR "does not apply to the public sector such as national government agencies, government-owned and controlled corporations with charters, government financial institutions, state universities and colleges and local government units," as these are governed by appropriate rules and regulations issued by the Civil Service Commission and other government agencies. Based on the IRR, every employers, contractors, or subcontractors, and any person who manages, control or supervise the work shall: • Equip a place of employment for workers free from hazardous conditions. • Provide complete job safety instructions and proper orientation to all workers. • Ensure that the "chemical, physical and biological substances and agents, and ergonomic and psychosocial stresses under their control are without risk to health when the appropriate measures of protection are taken." • "Use only approved specific industry set of standards of devices and equipment for the workplace as applicable." • Comply with occupational safety and health (OSH) including training, medical examination and when necessary, provisions on protective and safety devices such as personal protective equipment and machine guards. • Make arrangement for workers and their representatives to participate in the processes of organizing, planning, and implementation, monitoring, evaluation and action for improvement of the OSH management system. • "Provide, when necessary, for measures identifying trainings and drill, evacuation plans, etc., to deal with emergencies, fires, and accidents including first-aid arrangements." • Comply with all reportorial requirements of the OSH standards; and register establishment to DOLE as provided under the OSH standards. Meanwhile, to ensure compliance with OSH standards, the workers shall: • "Participate in capacity-building activities on safety and health and other OSH-related topics and programs." • Proper use of all safeguards and safety devices. • Comply with instructions to prevent accidents or imminent danger situations. • Observe prescribed steps to be taken in cases of emergency, including participation on national or local disaster drills. • Report any work hazard that may be discovered in the workplace. Penalties Failure or refusal of an employer, contractor, or subcontractor to comply will be meted a fine, ranging from P20,000 to P50,000 depending on the administrative violation committed. Meanwhile, "an employer, contractor or subcontractor who is found to have repeatedly violated the same prohibited act shall be penalized of the corresponding fine plus an additional fine equivalent to 50 percent thereof for every instance of repeat violation." Moreover, "if any of the following acts is present and there is noncompliance, the penalty of P100,000 administrative fine shall be imposed separate and in addition to the daily administrative fine imposed." The DOLE also stated that when the violation exposes the worker to death, serious injury or illness, the imposable penalty will be P100,000. Effectivity The IRR, which was signed on Thursday, Dec. 6, will take effect 15 days after its publication in a newspaper of general circulation.
DOLE logo(Manila Bulletin file photo) Labor Secretary Silvestre Bello III has signed Department Order No. 198 which details the IRR of RA 11058. The 23-page IRR, which was released Friday, shall apply to all establishments, projects and sites and all other places where work is being undertaken in all branches of economic activity. It also covers the contractors and subcontractors including those engaged in the projects of the public sector. Meanwhile, the said IRR "does not apply to the public sector such as national government agencies, government-owned and controlled corporations with charters, government financial institutions, state universities and colleges and local government units," as these are governed by appropriate rules and regulations issued by the Civil Service Commission and other government agencies. Based on the IRR, every employers, contractors, or subcontractors, and any person who manages, control or supervise the work shall: • Equip a place of employment for workers free from hazardous conditions. • Provide complete job safety instructions and proper orientation to all workers. • Ensure that the "chemical, physical and biological substances and agents, and ergonomic and psychosocial stresses under their control are without risk to health when the appropriate measures of protection are taken." • "Use only approved specific industry set of standards of devices and equipment for the workplace as applicable." • Comply with occupational safety and health (OSH) including training, medical examination and when necessary, provisions on protective and safety devices such as personal protective equipment and machine guards. • Make arrangement for workers and their representatives to participate in the processes of organizing, planning, and implementation, monitoring, evaluation and action for improvement of the OSH management system. • "Provide, when necessary, for measures identifying trainings and drill, evacuation plans, etc., to deal with emergencies, fires, and accidents including first-aid arrangements." • Comply with all reportorial requirements of the OSH standards; and register establishment to DOLE as provided under the OSH standards. Meanwhile, to ensure compliance with OSH standards, the workers shall: • "Participate in capacity-building activities on safety and health and other OSH-related topics and programs." • Proper use of all safeguards and safety devices. • Comply with instructions to prevent accidents or imminent danger situations. • Observe prescribed steps to be taken in cases of emergency, including participation on national or local disaster drills. • Report any work hazard that may be discovered in the workplace. Penalties Failure or refusal of an employer, contractor, or subcontractor to comply will be meted a fine, ranging from P20,000 to P50,000 depending on the administrative violation committed. Meanwhile, "an employer, contractor or subcontractor who is found to have repeatedly violated the same prohibited act shall be penalized of the corresponding fine plus an additional fine equivalent to 50 percent thereof for every instance of repeat violation." Moreover, "if any of the following acts is present and there is noncompliance, the penalty of P100,000 administrative fine shall be imposed separate and in addition to the daily administrative fine imposed." The DOLE also stated that when the violation exposes the worker to death, serious injury or illness, the imposable penalty will be P100,000. Effectivity The IRR, which was signed on Thursday, Dec. 6, will take effect 15 days after its publication in a newspaper of general circulation.