Labor Laws on Safety and Health - 39 Pages

8/15/2019 Labor Laws on Safety and Health - 39 Pages

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Occupational Safety and Health Center

LABOR LAWS ONLABOR LAWS ONSAFETY AND HEALTHSAFETY AND HEALTH


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July 25, 2011

DEPARTMENT OF LABOR AND EMPLOYMENT

THECONSTRUCTION

INDUSTRY :A SITUATIONER

(NCR)


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PRIVATE BUILDING CONSTRUCTION

APPROVED BUILDING PERMITS

2011 CHANGE 2010

OVERALL 28,347 -5.5 29,992

Residential 20,784 -11.9 23,586

Non-

Residential3,495 17.4 2,978

Additions,

Alterations,

and Repairs

4,068 18.7 3,428


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PRIVATE BUILDING CONSTRUCTION

VALUE (in billion pesos)

2011 % Change 2010

OVERALL 52.8 11.6 47.3

Residential 28.2 32.6 21.3

Non-Residential 19.4 -13.2 22.3

Additions,Alterations, and

Repairs

5.2 39.7 3.7


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Calabarzon (Cavite, Laguna, Batangas, Rizal and

Quezon) is the region with the most private

construction projects, accounting for a fourth or7,090 of the total granted permits.

However, nearly half (P25.1 billion) of the total

value of construction projects is poured into

Metro Manila.


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Establishment

Total

Establishment

Inspected

No

Violation

With

Violation

No. of Violations on:

OSHS

CSHP

Safety

Officer

(SO)

Rule

1020

Rule

1040

First

AiderOthers

Construction

Projects 174 2 172 524 402 74 174 35 447


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As of June 2011

268.42% increase of approvedCSHP

Increase in the number of 40-hrConstruction Safety Trainings

(CST) conducted

Formulation of DO 13Requirements Checklist


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As of June 2011

Three hundred twenty five(325) construction firms had

their Personal and Protective

Equipment (PPE) tested

Forty (40) accredited OSH

practitioners from the

construction industry


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Observations

• Low awareness on OSH

• Poor Compliance on OSHS (ex. HSC,CSH Program, safety officer/personnel)

• Poor Housekeeping (ex. accumulatedwastes)

• No/Inadequate PPEs for workers.

• Improper use of tools andequipment

• Needs commitment and support


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What NEEDS to be DONE

• Change of work habits.

• Top management commitment on OSH• Cooperation of workers and contractors to

implement OSH programs and activities

• Enhance skills of project managers, safetyofficers and workers (training on OSH )

• Strict enforcement of rules/programs on OSH

• Compliance with government

regulations (OSHS and DO 13)


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11

OSH LAWS & ISSUANCES

Book IV, Title I –

Medical, Dental andOccupational Safety

Occupational Safety

and Health Standards,(OSHS)1978

DO 13 –

GuidelinesGoverning

Safety and

Health in the

ConstructionIndustry


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DPWH - Department Order

No. 56 S. 2005

All projects regardless of

amount, funding source and mode of implementation shall comply with theminimum safety and health requirements.


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Memorandum of Agreement

Department of Labor and

Employment (DOLE)

Department of Public Works and

Highways (DPWH)

Department of Interior and Local

Government (DILG)

Department of Trade and Industry(DTI)

Professional Regulations

Commission (PRC)


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– Section 1: Definition of terms

25 terms as used in the guidelines were defined in order

to clarify their meaning and to distinguish them from

similar terms as defined in other issuances

– Section 2: Jurisdiction

The Secretary of the Department of Labor and

Employment, by virtue of Article 162 of the Labor Code

of the Philippines, has the authority to issueappropriate laws related to the administration and

enforcement of occupational safety and health in the

Philippines

SALIENT FEATURES OF

DEPARTMENT ORDER NO. 13, series of 1998


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– Section 3: Delegation of AuthorityDOLE has the power to delegate some enforcement powers

to other government agencies and to private

organizations provided that they have adequate

personnel and facilities (These cover Technical SafetyInspections)

– Section 4: Coverage

The guidelines shall apply to all construction activities,

including demolition, whether owned by the private or

the government sector


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– Section 5: Construction Safety and Health Program

Before the start of the actual construction, the constructionproject manager shall prepare and submit to DOLE acomprehensive construction safety and health programwhich shall include, but not limited to:

• Composition of the construction safety and healthcommittee

• Specific H&S policies within the construction site

• Penalties for violation

• Training of workers

• Waste disposal

• Other requirements of D.O. No. 13, series of 1998


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– Section 6: Personal Protective EquipmentAll employers must provide personal protective equipment

for all employees needing such equipment. All other

persons entering the construction site must wear the

necessary protective equipment.


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– Section 7: Safety Personnel

A means of coordination was established

wherein the main or general contractor

shall have over-all management andcoordination of all safety and health

officers/personnel working within the

construction site. All full-time safety

and health personnel must beaccredited by DOLE.


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A general Constructor must provide for

1. a full-time officer, who shall be assigned as the

general construction safety and health officer tooversee full time the overall management of the

Construction Safety and Health Program.

2. additional Construction Safety and HealthOfficer/s in accordance with the requirements for

Safety Officer of Rule 1033, depending on thetotal number of personnel assigned to the

construction project site.

- Section 7. Safety Personnel


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3. one (1) Construction Safety and Health Officer for every

ten (10) units of heavy equipment assigned to the projectsite, to oversee the effective compliance with theConstruction Safety and Health Program at theconstruction project site, in terms of heavy equipmentutilization and maintenance.

Each construction subcontractor must provide for arepresentative, who shall have the same qualifications asa Safety Officer, to oversee the management of the CSHPfor the subcontractor’s workforce and specific area ofwork operations in accordance with the requirements ofRule 1033 of the OSHS.


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Safety Personnel

Number of Workers Safety Personnel

1 - 50 1 part-time Safetyman

51 - 200 1 full-time Safetyman201 – 250 1 full-time and 1 part-time

Safetymen

Every additional 500 or 1 additional full-time

fraction thereof Safetyman

1 Safetyman for every 10 units of heavy equipment


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- Section 8: Emergency Occupational Health Personnel and

Facilities

The same provisions of the existing Occupational Safety

and Health Standards(OSHS) is reiterated. The provisionfor an emergency health provider was allowed. All other

requirement such as emergency medicines, supplies,

equipment and facilities shall conform with the OSHS.


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Number of Workers OH Personnel

50 or less

51 to 200

201 to 300

more than 300


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Per 100 workers in excess of

300

Within 5 kms. Or 25 min. oftravel

Emergency Health Provider


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– Section 9: Construction Safety Signages

Mandatory provision of safety and warningsigns are reiterated not only for theprotection of workers, but also the publicin general. Signs should conform withthe standard requirements of the OSHS.

4 Usage of PPE

4 Falling/ falling objects

4 Explosives and flammable substances

4 Tripping or slipping hazards

4 Toxic or irritant airborne contaminants/substances4 Electrical facility

4 Dangerous moving parts of machines

4 Fire alarms/ fire fighting

4 Instructional signs/ Update of man-hours lost

WARNING: HazardousArea. All personnel

must wear protectiveequipment before entry


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– Section 10: Safety on Construction Heavy Equipment

A specific guide for testing, transport, erection and

maintenance of heavy equipment is formulated. All heavy

equipment operators must be tested and certified byTESDA, while heavy equipment shall be tested by DOLE

recognized association/organizations


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- Section 11. Construction Safety and Health Committee

– Each site shall, at the start of the construction have a

construction safety and health committee composed of thefollowing personnel

• Project Manager or his representative as the chairperson

• General Construction Safety and Health Officer;

• Safety representative/SO from each subcontractor;

• Doctors, Nurses and other Health personnel;

• Workers’ representatives (minimum of 3, union members if

organized, not necessarily from one employer)

– Each subcontractor shall have its own safety and health

committee based on the existing requirements of the OSHS.


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- Section 12: Safety and Health Information

A detailed safety and health information system is

included in the guidelines. These include orientation,instructions, and training for workers; means of

conveying safety related information to all workers

and specialized instructions and trainings for

specialty workers and operators.

No person shall be deployed unless he has undergone a

OSH awareness seminar conducted by OSHC,BWC,

ROs and STOs.

SA F E T Y

F I R S T

SA F E T Y

F I R S T


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All safety personnel assigned within the

construction site are required toundergo the basic construction safety

training course prescribed by the

Bureau of Working Conditions.

Continuing training for all full-timesafety personnel shall also be a

responsibility of each constructor.

- Section 13: Construction Safety and Health Training


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A monthly construction safety andhealth report is required to besubmitted to DOLE by all generalconstructors. The reports shallinclude safety committee meeting

agreements, accident investigationreports, and hazard assessments withcorresponding remedialaction/measures required.

Notification of major accidents to DOLEwithin 24 hours

- Section 14: Construction Safety and Health Reports


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– Section 15: Construction Worker’s SkillsA Skills certificate shall be required for construction

related occupations which have been classified as“Critical Occupations” by TESDA.

An occupational shall be considered as critical – When it may affect and endanger people’s lives and limbs

When it involves the handling of hazardous tools, equipment,supplies

When it requires a relatively long period of education andtraining

When the performance of the job may compromise the safety,health and environment concerns within the immediate vicinityof the construction site.


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– Section 16: Worker’s Welfare Facilities

The employer shall provide for adequate supply of safe

drinking water, adequate sanitary and washing facilities

in order to ensure humane conditions of work.

– Section 17: Cost of Construction Safety and Health Program

The total cost of the Construction Safety and Health

Program Shall be a mandatory integral part of theconstruction project. It shall be treated as a separate pay

item and reflected in the project’s bid tender documents.


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– Section 18: Miscellaneous: All provisions of other existingOSH guidelines not specifically provided herein shall remain

in full force and effect.

– Section 19: Violations and Penalties

Violations committed by constructors as determined by

DOLE after due process shall be considered as primafacie case of a construction mal-performance of graveconsequence under RA 4566 as amended and pertinentIRR.

In cases of imminent danger situations, theprocedures/requirements of the OSHS and DOLEregulations shall be applied.


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– Section 20: Effectivity

The Guidelines shall be immediately effective, that is, 15

days after publication in newspapers of general

circulation, as provided in Article 5 of the Labor Code.

D.O. No. 13, s.1998 was signed on July 23, 1998 and

published on August 1, 1998 in the Philippine Daily

Inquirer and on August 3, 1998 in People’s Tonight

R i t i th E l ti f CSH P


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Requirements in the Evaluation of CSH Program

1.Application Form indicating the following information: A. Company Profile

Name of the Company

Complete address and Contac Number ( email address)

Name of Owner/President

Total Employment/ Number of workers to be employed in the projectPCAB License, DOLE Registration (Rule 1020 and DO 18-02)

B. Project Profile

Name and Location of the Project ( Notice of Award/Notice to Proceed )

Name of Project owner Project Classification

Duration of the Project /Date of Estimated Start/Execution of the Project

Brief Description of Activities/Work Flow

C. OSH Personnel Assigned to the ProjectName of Appointed Safety Officer, First Aider, OH Nurse, Physician

Date of BOSH Training of OSH Personnel (Certificate to be attached)

List of Heavy Equipment to be used in the Project (Certificate of Test/Inspection of CHE

and TESDA Skills Certification of operators)

Profile of the person who prepared the program


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Enforcement is one response

but not the only response!


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Voluntarycompliance

isstill

theBEST!

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Labor Laws on Safety and Health - 39 Pages