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Occupational Safety and Health Compliance in the Philippines

Occupational Safety and Health Compliance in the Philippinesoshc.dole.gov.ph/images/NOSHCongress/2...to determine compliance with labor laws and social legislations. After inspection/investigation,

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Page 1: Occupational Safety and Health Compliance in the Philippinesoshc.dole.gov.ph/images/NOSHCongress/2...to determine compliance with labor laws and social legislations. After inspection/investigation,

Occupational Safety and Health

Compliance in the Philippines

Page 2: Occupational Safety and Health Compliance in the Philippinesoshc.dole.gov.ph/images/NOSHCongress/2...to determine compliance with labor laws and social legislations. After inspection/investigation,

OUTLINE

Labor Statistics

Legal Basis

Labor Inspection Data

Data on OSH Compliance

What has been Done

Page 3: Occupational Safety and Health Compliance in the Philippinesoshc.dole.gov.ph/images/NOSHCongress/2...to determine compliance with labor laws and social legislations. After inspection/investigation,

No. of Establishments by Employment Size

0.44%

0.41% 9.56%

89.59%

200 and over

100-199

10-99

1-9

Employment Size No. of Establishments

TOTAL 924,721

200 and over 4,044

100-199 3,829

10-99 88,412

1-9 828,721

Source: PSA, 2017 List of Establishments

924,721

establishments

Page 4: Occupational Safety and Health Compliance in the Philippinesoshc.dole.gov.ph/images/NOSHCongress/2...to determine compliance with labor laws and social legislations. After inspection/investigation,

Establishments’ Employment by Employment Size

37.15%

6.74% 25.85%

30.26%

200 and over

100-199

10-99

1-9

Employment Size No. of Establishments

TOTAL 7,832,089

200 and over 2,909,838

100-199 528,033

10-99 2,024,470

1-9 2,369,748

Source: PSA, 2017 List of Establishments

7,832,089

employees/

workers

Page 5: Occupational Safety and Health Compliance in the Philippinesoshc.dole.gov.ph/images/NOSHCongress/2...to determine compliance with labor laws and social legislations. After inspection/investigation,

Percent Distribution of Employed Persons

by Major Industry Group

Source: PSA, 2018 Labor Force Survey

Agriculture. 23.90%

Industry. 19.70% Services. 56.40%

Agriculture: o Agriculture, Fishery and Forestry

Industry: o Mining and Quarrying

o Manufacturing

o Electricity, Gas, Steam and Air Conditioning Supply

o Water Supply; Sewerage, Waste Management and

Remediation Activities

o Construction

Services: o Wholesale and Retail Trade; Repair of Motor Vehicles and

Motor

o Transportation and Storage

o Accommodation and Food Service Activities

o Information and Communication

o Financial and Insurance Activities

o Real Estate Activities

o Professional, Scientific and Technical Activities

o Administrative and Support Service Activities

o Education

o Human Health and Social Work Activities

o Arts, Entertainment and Recreation

o Other Service Activities

Page 6: Occupational Safety and Health Compliance in the Philippinesoshc.dole.gov.ph/images/NOSHCongress/2...to determine compliance with labor laws and social legislations. After inspection/investigation,

OSH Data - Occupational Injuries

INDICATOR 2003 2007 2009 2011 2013 2015

Total Cases* 23,265 20,386 17,713 48,957 49,118 50,961

Superficial Injuries and

Open Wounds 11,609 10,517 9,045 11,140 12,765 10,042

Fractures

Dislocations, Sprains and

Strains

Traumatic Amputations

Concussions and Internal

Injuries

Burns, Corrossions, Scalds and

Frostbites

Acute Poisonings and Infections

Foreign Body in the Eye

Others

1,927

3,336

1,839

2,366

1,356

2,085

2,082

2,460

1,497

2,004

1,572

2,254

547

1,048

234

694

194

589

220

953

317

576

228

880

2,300 2,065 1,781 2,073 1,538 1,509

221

1,848

430

750

1,565

356

665

1,558

451

229

1,471

7

242

1,253

510

245

1,101

28

Source of data: Bureau of Labor and Employment Statistics 2003/2004, 2007/2008, 2009/2010, 2011 /2012 BLES Integrated Survey, Philippine Statistics Authority,

2013/2014, 2015/2016 Integrated Survey on Labor and Employment

Page 7: Occupational Safety and Health Compliance in the Philippinesoshc.dole.gov.ph/images/NOSHCongress/2...to determine compliance with labor laws and social legislations. After inspection/investigation,

OSH Data - Occupational Injuries by Industry Group INDUSTRY Group 2013 2015

ALL INDUSTRIES 49,118 50,961

Agriculture, Forestry and Fishing 3770 (4) 3236

Mining and Quarrying 789 528

Manufacturing (1) 23641 (1) 25667

Electricity, Gas, Steam and Air Conditioning Supply 838 684

Water Supply; Sewerage, Waste Management and Remediation Activities 514 248

Construction (5) 2115 2115

Wholesale and Retail Trade, Repair of Motor Vehicles and Motorcycles (2) 5734 (2) 5799

Transportation and Storage 1628 (5) 2452

Accomodation and Food Service Activities (3) 4487 (3) 4995

I nformation and Communications 163 135

Financial and I nsurance Activities 495 341

Real State Activities 309 149

Professional, Scientific and Technical Activities 316 159

Administrative and Support Service Activities (4) 2490 1303

Education Except Public 932 1591

Human Health and Social Work Activities 645 750

Arts, Entertainment and Recreation 156 674

Repair of Computers and Personal and Household Goods; Other Personal Service Activities 136 96

Source of data: Philippine Statistics Authority, 2013/2014, 2015/2016 Integrated Survey on Labor and Employment

Page 8: Occupational Safety and Health Compliance in the Philippinesoshc.dole.gov.ph/images/NOSHCongress/2...to determine compliance with labor laws and social legislations. After inspection/investigation,

OSH Data - Occupational Diseases

INDICATOR 2003 2007 2009 2011 2013 2015

Total Cases* 55,413 47,235 71,894 85,483 171,787 127,973

Work-Related Musculoskeletal Disorders

20,603 13,296 28,574 45,572 88,454 78,716

Occupational Dermatitis

Occupational Asthma

Infections

Tuberculosis

Heat stroke, cramps,

exhaustion

Cardiovascular Diseases

Deafness

Chilblain, frostbite

Cataract

Acute Poisonings

5,028

6,742

7,825

-

631

5,965

8,759

6,517

-

577

5,644

4,906

3,482

2,921

633

4,374

3,652

3,773

4,505

1,044

9,381

8,914

6,395

3,670

1,792

6,196

8,363

3,559

3,320

1,078

1,454

510

150

634

202

854

172

112

284

189

767

320

37

140

192

2,030

868

99

309

91

1,679

296

268

218

125

1,567

309

321

314

N/A

Source of data: Bureau of Labor and Employment Statistics 2003/2004, 2007/2008, 2009/2010, 2011 /2012 BLES Integrated Survey, Philippine Statistics Authority,

2013/2014, 2015/2016 Integrated Survey on Labor and Employment

Page 9: Occupational Safety and Health Compliance in the Philippinesoshc.dole.gov.ph/images/NOSHCongress/2...to determine compliance with labor laws and social legislations. After inspection/investigation,

OSH Data - Occupational Diseases by Industry Group

Source of data: Philippine Statistics Authority, 2013/2014, 2015/2016 Integrated Survey on Labor and Employment

Major Industry Group 2013 2015

All industries 171,787 127,973

Mining & Quarrying (5) 9,255 1,735

Manufacturing (2) 51,110 (2) 39,143

Electricity, Gas, & Water Supply 4,108 1,086

Construction 4,175 2,468

Wholesale & Retail Trade (4) 10,816 (4) 9,392

Transport, Storage, & Communications 3,429 4,011

Financial 5,504 2,777

Administrative and Support Service Activities (1) 56,115 (1) 43,183

Call Center (3) 37,387 (3) 31,270

Private Education Services 5,746 (5) 5,705

Private Health & Social Work Services 2,986 2,537

Page 10: Occupational Safety and Health Compliance in the Philippinesoshc.dole.gov.ph/images/NOSHCongress/2...to determine compliance with labor laws and social legislations. After inspection/investigation,

Legal Basis

Art.128. Visitorial and Enforcement Power

(a) The Secretary of Labor and Employment or his duly

authorized representatives, including labor regulation officers,

shall have access to employer’s records and premises at

any time of the day or night whenever work is being

undertaken therein, and the right to copy therefrom, to

question any employee and investigate any fact, condition

or matter which may be necessary to determine violations

or which may aid in the enforcement of this Code and of any

labor law, wage order or rules and regulations issued pursuant

thereto.

Book III of the

Labor Code of

the Philippines

Page 11: Occupational Safety and Health Compliance in the Philippinesoshc.dole.gov.ph/images/NOSHCongress/2...to determine compliance with labor laws and social legislations. After inspection/investigation,

Legal Basis

Art.128. Visitorial and Enforcement Power

(c) The Secretary of Labor and Employment may likewise order

stoppage of work or suspension of operations of any unit or

department of an establishment when non-compliance with the

law or implementing rules and regulations poses grave and

imminent danger to the health and safety of workers in the

workplace

Book III of the

Labor Code of

the Philippines

Page 12: Occupational Safety and Health Compliance in the Philippinesoshc.dole.gov.ph/images/NOSHCongress/2...to determine compliance with labor laws and social legislations. After inspection/investigation,

Legal Basis

Art.168. Safety and Health Standards

The Secretary of Labor and Employment shall, by

appropriate orders, set and enforce mandatory

occupational safety and health standards to eliminate

or reduce occupational safety and health hazards in all

workplaces and institute new, and update existing,

programs to ensure safe and healthful working conditions

in all places of employment.

Book IV of the

Labor Code of

the Philippines

Page 13: Occupational Safety and Health Compliance in the Philippinesoshc.dole.gov.ph/images/NOSHCongress/2...to determine compliance with labor laws and social legislations. After inspection/investigation,

Legal Basis

Art.171. Administration of Safety and Health Standards

(a) The Department of Labor and Employment shall be solely

responsible for the administration and enforcement of

occupational safety and health laws, regulations and

standards in all establishments and workplaces wherever

they may be located; however, chartered cities may be allowed

to conduct industrial safety inspections of establishments within

their respective jurisdictions where they have adequate facilities

and competent personnel for the purpose as determined by the

Department of Labor and Employment and subject to national

standards established by the latter.

Book IV of the

Labor Code of

the Philippines

Page 14: Occupational Safety and Health Compliance in the Philippinesoshc.dole.gov.ph/images/NOSHCongress/2...to determine compliance with labor laws and social legislations. After inspection/investigation,

Legal Basis

As per DOLE Department Order No. 183, series of 2017,

during the conduct Routine Inspection, Complaint Inspection or

OSH Investigation, Labor Inspectors shall:

(a) Examine employment records;

(b) Interview employees; and

(c) Inspect work premises

to determine compliance with labor laws and social legislations.

After inspection/investigation, the Labor Inspector shall state

and explain the summary of violations in the Notice of Results.

Page 15: Occupational Safety and Health Compliance in the Philippinesoshc.dole.gov.ph/images/NOSHCongress/2...to determine compliance with labor laws and social legislations. After inspection/investigation,

Inspection Checklist

General Labor Standards

Occupational Safety and Health Standards

Security of Tenure

Anti-Child Labor Law

Other Related Labor Laws and Issuances

Labor Relations Concerns

Family Welfare Program

Gender Related Concerns

Page 16: Occupational Safety and Health Compliance in the Philippinesoshc.dole.gov.ph/images/NOSHCongress/2...to determine compliance with labor laws and social legislations. After inspection/investigation,

Inspection Data (2014 up to present)

76.61%

54.25%

51.94%

51.40%

68.07%

84.57%

73.17%

69.81%

60.00%

77.22%

0.00%

10.00%

20.00%

30.00%

40.00%

50.00%

60.00%

70.00%

80.00%

90.00%

2014 2015 2016 2017 2018

GLS Compliance Rates

Initial Compliance Rate

Compliance Rate afterCorrection

Total No. of

Est. Covered 76,880 50,161 60,376 60,732 52,933

(as of Oct)

Page 17: Occupational Safety and Health Compliance in the Philippinesoshc.dole.gov.ph/images/NOSHCongress/2...to determine compliance with labor laws and social legislations. After inspection/investigation,

Inspection Data (2014 up to present)

Total No. of

Est. Covered 76,880 50,161 60,376 60,732 52,933

(as of Oct)

81.26%

57.06% 60.89% 61.29%

69.11%

88.41%

66.94% 70.76% 67.20%

72.91%

0.00%

10.00%

20.00%

30.00%

40.00%

50.00%

60.00%

70.00%

80.00%

90.00%

100.00%

2014 2015 2016 2017 2018

OSH Compliance Rates

Initial Compliance Rate

Compliance Rate afterCorrection

Page 18: Occupational Safety and Health Compliance in the Philippinesoshc.dole.gov.ph/images/NOSHCongress/2...to determine compliance with labor laws and social legislations. After inspection/investigation,

2017 Labor Inspection Data

54,530

60,732

51,000

52,000

53,000

54,000

55,000

56,000

57,000

58,000

59,000

60,000

61,000

62,000

Target Accomplishment

24,455 36,277

Establishments Inspected* Compliant with Violations

w/ GLS violations 28,366

w/ OSHS violations 22,555

Establishments Covered*

*Data is generated from LLCS-MIS

Page 19: Occupational Safety and Health Compliance in the Philippinesoshc.dole.gov.ph/images/NOSHCongress/2...to determine compliance with labor laws and social legislations. After inspection/investigation,

2017 Labor Inspection Data

*Data is generated from LLCS-MIS

0

5,000

10,000

15,000

20,000

25,000

30,000

35,000

40,000

45,000

General LaborStandards (GLS)

OccupationalSafety and HealthStandards (OSHS)

[VALUE] 38,177

3,757 2,397

Effected Plant Level CorrectionCompliant Upon Inspection (GLS)

Fully Implemented Action Plan Compliant Upon Inspection (OSHS)

Page 20: Occupational Safety and Health Compliance in the Philippinesoshc.dole.gov.ph/images/NOSHCongress/2...to determine compliance with labor laws and social legislations. After inspection/investigation,

No. of Establishments Inspected by Industry (2017) 362

52

2,491

434 69

1,801

16,518

1,322 8,607 639

4,803 260

518

14,425

555 775 376 Agriculture, forestry and fishing

Mining and quarrying

Manufacturing

Electricity, gas, steam

Water Supply, sewerage, waste

Construction

Wholesale and retail trade

Transportation and storage

Accomodation and Food Service

Information and Communication

Financial and Insurance Activities

Real Estate Activities

Professional, scientific and technical

Administrative and Support Service Activities

Education

Human Health and Social Work

Arts, entertainment and recreational

Page 21: Occupational Safety and Health Compliance in the Philippinesoshc.dole.gov.ph/images/NOSHCongress/2...to determine compliance with labor laws and social legislations. After inspection/investigation,

OSH Compliance Data by Industry (2017)

57.73%

40.38% 44.08%

59.22% 50.72%

45.97%

58.49% 64.60%

52.60%

37.56%

60.05%

40.00% 43.24%

99.79%

45.05%

58.32% 53.46%

*Data is generated from LLCS-MIS

Page 22: Occupational Safety and Health Compliance in the Philippinesoshc.dole.gov.ph/images/NOSHCongress/2...to determine compliance with labor laws and social legislations. After inspection/investigation,

Common OSH Violations of Inspected Establishments

Drug-Free Workplace Policies and Programs

9.97%

Health Personnel (First Aider)

20.25%

Fire Protection Equipment/Facilities

10.44%

Safety and Health Organization

11.55%

Emergency Medicines

4.35%

Registration of Establishments

19.48%

Administrative Reports on Health and Safety

16.68%

Policy and Program on Tuberculosis Prevention and Control in the Workplace

10.28%

Workplace Policy and Program on Hepatitis B

10.31%

HIV and AIDS Prevention and Control in the Workplace Program

10.27%

HIV AIDS

Page 23: Occupational Safety and Health Compliance in the Philippinesoshc.dole.gov.ph/images/NOSHCongress/2...to determine compliance with labor laws and social legislations. After inspection/investigation,

What has been DONE?

Review of policies, rules and regulations (OSH Law and its IRR,

OSH Standards, etc.)

Grant of additional 36 LIAs and 100 LIs, ongoing process on the

request for more plantilla positions for Labor Inspectors

Developed Job Description and Standardized IPCRs for Labor

Inspectors

Continuous conduct of capability-building activities for Labor

Inspectors including regional and other program managers and

social partners

Rigid campaign and enforcement of laws to ensure compliance with

the labor standards

Strengthening advocacies/campaigns through RTIPCs and ITCs in

promoting voluntary compliance

Page 24: Occupational Safety and Health Compliance in the Philippinesoshc.dole.gov.ph/images/NOSHCongress/2...to determine compliance with labor laws and social legislations. After inspection/investigation,

Thank you!

For inquiries, you can reach us at [email protected]

[email protected] 527-3000 local 303 or 307