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A. CE337 > TOPIC 3: RA 11058 > Flashcards

TOPIC 3: RA 11058 Flashcards

1
Q

Republic Act No. 11058

A

AN ACT STRENGTHENING COMPLIANCE
WITH OCCUPATIONAL SAFETY AND HEALTH STANDARDS AND PROVIDING
PENALTIES FOR VIOLATIONS THEREOF

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2
Q

Republic Act No. 11058 which
was approved on

A

August 17, 2018

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3
Q

Declaration of Policy

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Chapter I

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4
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Declaration of Policy. The State affirms
labor as a primary social. and economic force, and that a safe and healthy workforce is an integral aspect of nation building.

A

SECTION 1

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5
Q

General Provisions

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Chapter II

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6
Q

Coverage:
This Act applies to all establishments, projects, sites, including Philippine Economic Zone Authority (PEZA) establishments, and all other places where work is undertaken in all branches of economic activity, except in the public sector.

A

SECTION 2

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7
Q

Definition of Terms. - As used in this Act:

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SECTION 3

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8
Q

Refers to any person trained and duly certified to administer first aid by the Philippine Red Cross or any organization authorized by the Secretary of Labor and Employment.

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(a) Certified First-Aider:

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9
Q

Refers to industry-determined specifications of proficiency required for effective work performance. These are expressed as outcomes focused on workplace activity rather than training or personal attributes, and the ability to apply new skills in new situations or changing work organizations.

A

(b) Competency Standards:

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10
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Refers to establishments, projects, sites, and all other places where work is undertaken, wherein the number of employees, nature of operations, and risks or hazards involved in the business, as determined by the Secretary of Labor and Employment, require compliance with the provisions of this Act.

A

(c) Covered Workplaces:

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11
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Refers to any person, natural or juridical, including the principal employer, contractor, or subcontractor, who directly or indirectly benefits from the services of the employee.

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(d) Employer:

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12
Q

Refers to any machine with an engine or electric motor as the prime mover.

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(e) Equipment:

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13
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Refers to an examination of the work environment, including the location and operation of machinery (other than those covered by technical safety audits), adequacy of work space, ventilation, lighting, conditions of the work environment, handling, storage, or work procedures, protection facilities, and other possible sources of safety and health hazards in the workplace.

A

(f) General Safety and Health Inspection:

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14
Q

Refers to a situation caused by a condition or practice in any place of employment that could reasonably be expected to lead to death or serious physical harm.

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(g) Imminent Danger:

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15
Q

Refers to establishments employing less than ten (10) employees (micro) and establishments employing less than one hundred (100) employees (small), respectively.

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(h) Micro and Small Enterprises (MSEs):

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16
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Refers to a qualified first aider, nurse, dentist, or physician engaged by the employer to provide occupational health services in the establishment, project, site, or workplace.

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(i) Occupational Health Personnel:

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17
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Refers to the Occupational Safety and Health Standards issued by the Secretary of Labor and Employment pursuant to Articles 168 and 171, Chapter 2, Title I of Book Four of Presidential Decree No. 442, as amended, otherwise known as the Labor Code of the Philippines, and such other standards as may be issued pursuant to this Act.

A

(j) Occupational Safety and Health (OSH) Standards:

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18
Q

Refers to a regular and critical examination of project sites, safety programs, records, and management performance on program standards related to safety and health.

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(k) Safety and Health Audit:

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19
Q

Refers to a body created within the workplace tasked with the authority to monitor, inspect, and investigate all aspects related to the safety and health of workers.

A

(l) Safety and Health Committee:

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20
Q

Refers to a set of detailed rules governing processes and practices in all economic activities to conform with safety and health standards, including the personnel responsible and penalties for any violations.

A

(m) Safety and Health Program:

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21
Q

Refers to any employee or officer of the company trained by the Department of Labor and Employment (DOLE) and tasked by the employer to implement an occupational safety and health program and ensure compliance with safety and health standards.

A

(n) Safety Officer:

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22
Q

: Refers to any emergency, warning, or danger signpost, or any safety instruction using standard colors, sizes, and symbols for safety instructions and warnings in the workplace, as prescribed by DOLE.

A

(o) Safety Signage

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23
Q

Refers to any site or location where workers need to be or go by reason of their work, and which is under the direct or indirect control of the employer.

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(p) Workplace:

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24
Q

Duties and Rights of Employers, Workers and other Persons

A

Chapter III

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25
Q

Duties of Employers, Workers and Other Persons

A

Section 4

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26
Q

Every employer, contractor, or subcontractor, and any person who manages, controls, or supervises the work being undertaken shall:

A

Section 4.a

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27
Q

Section 4.a

A

(a) Every employer, contractor, or subcontractor, and any person who manages, controls, or supervises the work being undertaken shall:

  1. Furnish workers with a place of employment free from hazardous conditions that are causing or likely to cause death, illness, or physical harm.
  2. Provide complete job safety instructions or orientation to all workers, especially those entering the job for the first time, including familiarization with their work environment.
  3. Inform workers of the hazards associated with their work, health risks involved, preventive measures to eliminate or minimize risks, and steps to be taken in emergencies.
  4. Use only approved devices and equipment in the workplace.
  5. Comply with safety and health standards, including training, medical examination, and, where necessary, the provision of protective and safety devices such as personal protective equipment (PPE) and machine guards.
  6. Allow workers and their safety and health representatives to participate actively in organizing, planning, implementing, and evaluating the safety and health program to improve workplace safety and health.
  7. measures to deal with emergencies and accidents, including first-aid arrangements.
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28
Q

Every worker shall participate in ensuring compliance with safety and health (OSH) standards in the workplace. Workers must properly use all safeguards and safety devices provided for their protection and that of others, and follow instructions to prevent accidents or imminent danger situations. Workers are also required to adhere to prescribed steps for emergencies.

Workers must report any work hazards discovered in the workplace to their supervisor.

A

Section 4.b

29
Q

It shall be the duty of any person, including builders or contractors who visit, build, renovate, install devices, or conduct business in any establishment or workplace, to comply with the provisions of this Act and all other regulations issued by the Secretary of Labor and Employment.

A

Section 4.c

30
Q

Whenever two (2) or more undertakings are engaged in activities simultaneously in one (1) workplace, it shall be the duty of all involved to collaborate in the application of safety and health (OSH) standards and regulations.

A

Section 4.d

31
Q

. Workers’ Right to Know
The right to safety and health at work shall be guaranteed. All workers shall be appropriately informed by the employer about all types of hazards in the workplace. They should be provided access to training and education on chemical safety, as well as orientation on data sheets for chemical safety, electrical safety, mechanical safety, and ergonomics.

A

SEC. 5

32
Q

. Workers’ Right to Refuse Unsafe Work
Workers have the right to refuse work without threat or reprisal from the employer if, as determined by the Department of Labor and Employment (DOLE), an imminent danger situation exists in the workplace that may result in illness, injury, or death, and corrective actions to eliminate the danger have not been undertaken by the employer.

A

SEC. 6

33
Q

. Workers’ Right to Report Accidents
Workers and their representatives have the right to report accidents, dangerous occurrences, and hazards to the employer, the DOLE, and other concerned government agencies exercising jurisdiction as the competent authority in the specific industry or economic activity.

A

SEC. 7

34
Q

. Workers’ Right to Personal Protective Equipment (PPE)
Every employer, contractor, or subcontractor shall provide workers, free of charge, with protective equipment for their eyes, face, hands, feet, and lifelines, safety belts or harnesses, gas or dust respirators or masks, and protective shields whenever necessary due to hazardous work processes or environments. The cost of PPE shall be included in the safety and health program as a separate pay item pursuant to Section 20 of this Act. All PPE must be of the appropriate type, tested, and approved by the DOLE based on its standards. The use of PPE in all workplaces shall be based on the evaluation and recommendation of the safety officer.

A

SEC. 8

35
Q

Safety Signage and Devices
All establishments, projects, sites, and other places where work is undertaken must have safety signage and devices to warn workers and the public of workplace hazards. Safety signage and devices must be posted prominently at strategic locations in a language understandable to all and in accordance with the standards set by the DOLE.

A

SEC. 9.

36
Q

. Safety in the Use of Equipment
In relation to the use of equipment, the employer, contractor, or subcontractor must comply with DOLE requirements in all phases of company or project operation, including transport to and from the establishment, project, site, or place where work is being undertaken.

A

SEC. 10

37
Q

. Occupational Safety and Health Information
Workers in all establishments, projects, sites, and other places where work is being undertaken shall be provided with adequate and suitable information by the employer, contractor, or subcontractor about safety and health hazards and appropriate measures, including the probable location of hazards, for prevention, control, and protection against those hazards.

A

SEC. 11

38
Q

Covered workplaces

A

Chapter IV

38
Q

Occupational Safety and Health (OSH) Program
Covered workplaces shall have a safety and health program that includes the following policies, guidelines, or information:

A

SEC. 12.

39
Q

SEC. 12. Occupational Safety and Health (OSH) Program
Covered workplaces shall have a safety and health program including the following policies, guidelines, or information:

A

(a) Statement of Commitment: A commitment to comply with OSH requirements.
(b) General Safety and Health: Including policies for a drug-free workplace.
(c) HIV/AIDS/Tuberculosis/Hepatitis Prevention and Control: Measures for the prevention and control of these health issues.
(d) Company or Project Details: Relevant details about the company or project.
(e) Safety and Health Committee: Composition and duties of the safety and health committee.
(f) Occupational Safety and Health Personnel and Facilities: Information about personnel and facilities dedicated to OSH.
(g) Safety and Health Promotion, Training, and Education: Programs for promoting safety and health, and providing training and education.
(h) Toolbox Meetings: Procedures for conducting toolbox meetings.
(i) Accident/Incident/Illness Investigation, Recording, and Reporting: Processes for investigating, recording, and reporting accidents, incidents, and illnesses.
(j) Provision and Use of PPE: Guidelines for the provision and use of personal protective equipment.
(k) Provision of Safety Signage: Requirements for safety signage in the workplace.
(l) Dust Control and Management: Including regulations for activities such as building temporary structures and operating equipment.
(m) Provision of Workers’ Welfare Facilities: Facilities to support the welfare of workers.
(n) Emergency Preparedness and Response Plan: A plan for dealing with emergencies.
(o) Waste Management System: Procedures for managing waste.
(p) Prohibited Acts and Penalties: Prohibited actions and associated penalties for violations.

40
Q

Occupational Safety and Health (OSH) Committee

A

SEC. 13.

41
Q

To ensure that the safety and health program is observed and enforced, a safety and health committee shall be organized in covered workplaces, composed of the following:

A

(a) Employer or Representative: Serving as the chairperson, ex officio.
(b) Safety Officer: Of the company or project, serving 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: Serving as members, ex officio, if applicable.
(e) Workers’ Representatives: Coming from the union if the workers are organized, or elected by the workers through a simple majority vote if they are unorganized, as members.

42
Q

Occupational Health Personnel and Facilities**

Covered workplaces 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, 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 these resources shall be prescribed by the DOLE.

A

**SEC. 15.

42
Q

. Safety Officer To ensure that a safety and health program is duly followed and enforced, covered workplaces shall have safety officers who shall:

A

SEC. 14

43
Q

To ensure that a safety and health program is duly followed and enforced, covered workplaces shall have safety officers who shall:

A

(a) Oversee: The overall management of the safety and health program.
(b) Monitor and Inspect: Frequently monitor and inspect any health or safety aspect of the operation being undertaken.
(c) Assist Inspectors: Assist government inspectors in the conduct of safety and health inspections at any time whenever work is being performed or during the conduct of an accident investigation.
(d) Issue Orders: Issue work stoppage orders when necessary.

44
Q

Safety and Health Training

(a) All safety and health personnel shall undergo mandatory training on basic occupational safety and health for safety officers as prescribed by the DOLE.

(b) All workers shall undergo a mandatory eight (8) hours 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 instruction and training on these activities.

A

SEC. 16.

45
Q

Occupational Safety and Health Reports

All employers, contractors, or subcontractors shall submit all safety and health reports and notifications as prescribed by the DOLE.

A

SEC. 17.

46
Q

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 applicable, shall establish national competency standards and prepare guidelines on competency assessment and certification for critical occupations. All critical occupations shall undergo mandatory competency assessment and certification by TESDA.

An occupation is considered critical when:

(a) The performance of the job affects people’s lives and safety;
(b) The job involves handling 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 safety, health, and environmental concerns within the immediate vicinity of the establishment.

A

**SEC. 18.

47
Q

. Workers’ Welfare Facilities**

All establishments, projects, sites, and other places where work is being undertaken shall have the following welfare facilities to ensure humane working conditions:

(a) Adequate supply of safe drinking water;
(b) Adequate sanitary and washing facilities;
(c) Suitable living accommodation for workers, as applicable; and
(d) Separate sanitary, washing, and sleeping facilities for men and women workers, as applicable.

A

**SEC. 19

48
Q

Joint and Solidary Liability

A

Chapter V

48
Q

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.

A

**SEC. 20.

49
Q

Visitorial Power of the Secretary of Labor and Employment**

Pursuant to Article 128 of the Labor Code of the Philippines and other applicable laws, the Secretary of Labor and Employment or the Secretary’s authorized representatives shall have the authority to enforce the mandatory occupational safety and health standards in all establishments and conduct, together with representatives from the labor and employer sectors, an annual spot audit on compliance with OSH standards. The Secretary or the Secretary’s duly authorized representatives can enter workplaces at any time of the day or night where work is being performed to examine records and investigate facts, conditions, or matters necessary to determine compliance with the provisions of this Act.

No person or entity shall obstruct, impede, delay, or otherwise render ineffective the orders of the Secretary of Labor and Employment or the Secretary’s duly authorized representatives issued pursuant to the authority granted under Article 128 of the Labor Code of the Philippines, and no lower court or entity shall issue a temporary or permanent injunction or restraining order or otherwise assume jurisdiction over any case involving the enforcement orders.

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.

The procedure for inspecting work premises, notifying employers of violations, and issuing compliance or stoppage orders shall be pursuant to the procedure laid down in Article 128 of the Labor Code of the Philippines as implemented through relevant regulations issued by the DOLE on administration and enforcement of labor laws. The inspector or person authorized by the DOLE to enforce compliance with OSH standards shall present proper identification upon request, and such inspector or person shall only act within the authority or direction given by the Secretary of Labor and Employment.

The Secretary of Labor and Employment or the Secretary’s duly authorized representatives shall inspect establishments and workplaces regardless of the size and nature of operation. Any kind of self-assessment shall not take the place of labor inspection conducted by the DOLE. However, chartered cities may be allowed to conduct industrial safety inspections of establishments within their jurisdiction in coordination with the DOLE, provided that they have adequate facilities and competent personnel for the purpose as determined by the DOLE, and subject to national standards established by the latter.

A

**SEC. 22.

50
Q

Employer’s Responsibility and Liability**

The employer, project owner, general contractor, contractor, or subcontractor, if any, and any person who manages, controls, or supervises the work being undertaken shall be jointly and solidarily liable for compliance with this Act.

A

**SEC. 21.

51
Q

Payment of Workers During Work Stoppage Due to Imminent Danger**

If a stoppage of work occurs due to imminent danger as a result of the employer’s violation or fault, the employer shall pay the workers concerned their wages during the period of such stoppage of work or suspension of operations. For purposes of payment of wages and any other liabilities arising from a work stoppage order, the employer is presumed a party at fault if the work stoppage order is issued due to an imminent danger situation that would imperil the lives of the workers.

A

**SEC. 23.

51
Q

Enforcement of Occupational Safety and Health Standards

A
52
Q

Delegation of Authority**
The authority to enforce mandatory Occupational Safety and Health (OSH) standards may be delegated by the Secretary of Labor and Employment to a competent government authority.

A

**SEC. 24.

53
Q

Standards Setting Power of the Secretary of Labor and Employment**
The Secretary of Labor and Employment shall, in consultation with other concerned government agencies and relevant stakeholders, set and enforce mandatory OSH standards through appropriate orders. These standards aim to eliminate or reduce occupational safety and health hazards based on the number of employees, the nature of business operations, and the risks or hazards involved.

The Secretary shall also institute new and update existing programs to ensure safe and healthy working conditions in all workplaces, especially in hazardous industries such as mining, fishing, construction, and the maritime industry.

A

**SEC. 25.

53
Q

Employee’s Compensation Claim
A worker may file claims for compensation benefits arising out of work-related disability or death. Such claims shall be processed independently of the finding of fault, gross negligence, or bad faith of the employer in a proceeding instituted for the purpose.

A

SEC. 26.

54
Q

Incentives to Employers
There shall be an established package of incentives under such rules and regulations as may be promulgated by the DOLE to qualified employers to recognize their efforts toward ensuring compliance with OSH and general labor standards, such as OSH training packages, additional protective equipment, technical guidance, recognition awards, and other similar incentives.

A

SEC. 27.

55
Q

Prohibited Acts
The following are considered prohibited acts:

(a) Willful failure or refusal of an employer, contractor, or subcontractor to comply with the required OSH standards or with a compliance order issued by the Secretary of Labor and Employment or the Secretary’s authorized representative shall make such employer, contractor, or subcontractor liable for an administrative fine not exceeding One Hundred Thousand Pesos (₱100,000.00) per day until the violation is corrected, counted from the date the employer or contractor is notified of the violation or the date the compliance order is duly served on the employer. The amount of fine imposed shall depend on the frequency or gravity of the violation committed or the damage caused; Provided, however, That the maximum amount shall be imposed only when the violation exposes the workers to a risk of death, serious injury, or serious illness.

(b) An employer, contractor, or subcontractor who willfully fails or refuses to comply with the required OSH standards or with a duly issued compliance order, and engages in any of the following acts to aid, conceal, or facilitate such noncompliance shall be liable for a maximum of One Hundred Thousand Pesos (₱100,000.00) administrative fine separate from the daily fine imposed above:

(1) Repeated obstruction, delay, or refusal to provide the Secretary of Labor and Employment or any of its authorized representatives access to the covered workplace or refusal to provide or allow access to relevant records and documents or obstruct the conduct of investigation of any fact necessary in determining compliance with OSH standards;

(2) Misrepresentation in relation to adherence to OSH standards, knowing such statement, report, or record submitted to the DOLE to be false in any material aspect;

(3) Making retaliatory measures such as termination of employment, refusal to pay, reducing wages and benefits, or in any manner discriminating against any worker who has given information relative to the inspection being conducted.

For this purpose, the Secretary of Labor and Employment, in consultation with relevant stakeholders, shall issue a list of offenses with corresponding reasonable administrative fines depending on the severity, frequency, and damage caused, without prejudice to the filing of a criminal or civil case in the regular courts, as the case may be.

The fine collected shall be used for the operation of occupational safety and health initiatives, including occupational safety and health training and education and other occupational safety and health programs.

A

SEC. 28.

56
Q

Miscellaneous Provisions

A

Chapter VII

57
Q

Updated DOLE Computerized Labor Law Compliance System
The Secretary of Labor and Employment shall maintain an updated labor inspection system of computerized gathering and generation of real-time data on compliances, monitoring of enforcement, and a system of notification on workplace accidents and injuries.

A

SEC. 29.

58
Q

Applicability to Micro and Small Enterprises (MSEs)
Specific to MSEs, the DOLE shall develop OSH core compliance standards to ensure safe and healthy workplaces. All MSEs shall be required to implement the prescribed standards for housekeeping, materials handling and storage, electrical and mechanical safety, chemical safety, emergency preparedness, fire safety, and PPE, and to monitor hazards regularly.

A

SEC. 30.

59
Q

. Inter-Governmental Coordination and Cooperation
The DOLE shall institute a mechanism for coordination with the Department of Environment and Natural Resources, Department of Energy, Department of Transportation, Department of Agriculture, Department of Public Works and Highways, Department of Trade and Industry, Department of the Interior and Local Government, Department of Health, Department of Information and Communications Technology, PEZA, and all other government agencies, including local government units, within sixty (60) days from the issuance of the implementing rules and regulations of this Act. They shall regularly convene to monitor the effective implementation of this Act as well as related programs and projects that are established to prevent and eliminate the incidence of injury, sickness, or death in all workplaces.

A

SEC. 31

60
Q

Implementing Rules and Regulations
The Secretary of Labor and Employment, in coordination with agencies concerned, shall formulate the rules and regulations within ninety (90) days after the effectivity of this Act.

A

SEC. 32.

61
Q

Repealing Clause
All laws, acts, decrees, executive orders, rules and regulations, or other issuances or parts thereof which are inconsistent with this Act are hereby repealed or modified accordingly.

A

SEC. 34.

62
Q

Separability Clause
If any part, section, or provision of this Act shall be held invalid or unconstitutional, the other provisions not affected by such declaration shall remain in full force and effect.

A

SEC. 33.

63
Q

. Effectivity
This Act shall take effect fifteen (15) days after its publication in the Official Gazette or in a newspaper of general circulation.

A

SEC. 35

A. CE337 (5 decks)

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