issuance affecting occupational safety & health in the it-bpm industry jehremias m. florante,...

ISSUANCE AFFECTING OCCUPATIONAL SAFETY & HEALTH IN THE IT-BPM INDUSTRYJehremias M. Florante, MD, DPCOMOccupational Health Officer, Health Control DivisionOccupational Safety & Health Center

Objectives

Department of Labor and EmploymentOCCUPATIONAL SAFETY AND HEALTH CENTER

• Describe the scope & components of the different OSH-related DOLE issuance that form part of the Labor Laws Compliance Checklist:

– Legal basis, &– Core provisions of the OSHS.

• Discuss the key principles in the implementation of workplace policies & programs on drug-free workplace, TB, HIV & AIDS, & hepatitis B.


OSH Legislations

• PD 442, Book IV, Title 1

– Chapter 1: Medical & Dental Services

– Chapter 2: Occupational Safety


OSH Legislations

• PD 442, Chapter II, Art. 162 – The Secretary of Labor shall, by appropriate order,

set & enforce mandatory OSH Standards to eliminate or reduce OSH hazards in all workplaces, & institute new & update existing programs to ensure safe & healthful working conditions in all places of employment.


• Art. 165: Administration & Enforcement DOLE shall be solely responsible for the administration, enforcement of laws, policies & programs on OSH. Chartered cities may be allowed to conduct technical safety inspection of establishments within their respective jurisdiction.

OSH Legislations


OSH Legislations

Book IV, Title I: Medical, Dental, & Occupational

Safety

Occupational Safety & Health Standards (OSHS)


OSH Standards

• A set of mandatory rules on OSH which codifies all safety orders issued prior to its promulgation

• Patterned after the Standards of other developed countries


Rules of OSHS1000 – Gen. Provisions1010 – Other Safety Rules1020 – Registration1030 – Training & Accreditation1040 – OSH Committee1050 – Notification & Keeping of Occupational Illnesses & Injuries1060 – Premises of Establishments1070 – Environmental Control1080 – PPE1090 – Hazardous Materials1100 – Gas & Electric Welding & Cutting Operations1120 – Hazardous Work Processes1140 – Explosives1150 – Materials Handling & Storage

1160 – Boiler1170 – Unfired Pressure Vessels1180 – Internal Combustion Engines1200 – Machine Guarding1210 – Electrical Safety1220 – Elevators & Related Equipment1230 – Identification of Piping System1240 – Power Piping Lines1410 – Construction Safety1420 – Logging1940 – Fire Protection & Control1950 – Pesticides & Fertilizers1960 – OH Services1970 – Fees1980 – Authority of LGUs1990 – Final Provisions


Rule 1005 – Duties of Employer

– Furnish his workers a place of employment free from hazardous conditions.

– Give complete job safety instructions to all his workers.

– Comply with the requirements of the Standards. – Use only approved devices & equipment in his

workplace.

Department of Labor and EmploymentOCCUPATIONAL SAFETY AND HEALTH CENTERA

Rule 1005 – Duties of Workers• Cooperate with the employer in carrying out the provisions

of the Standards.

• Report any work hazard in the workplace.

• Make proper use of all safeguards & safety devices furnished in accordance with the provisions of OSHS for his protection & the protection of others.

• Follow all instructions by the employer in compliance with the OSHS provisions.


Rule 1020 - Registration

• Every employer shall register his/her business with the Regional Labor Office to provide the DOLE with information as guide in its enforcement activities.

• Free of charge • Valid for lifetime, except when there is change

in name, location, ownership, opening after previous closing.– Lay-out plan, IP Form 3


Rule 1030 – Training & Accreditation of Personnel in OSH• The BWC, either directly or through accredited

organizations, shall conduct continuing training programs to increase the supply & competence of personnel qualified to carry out the provision of this Standards.

• Employer to appoint a safety officer on a full-time or part-time basis depending on the type of workplace (whether hazardous or non-hazardous) & number of workers in the workplace.

*Based on DO 16-01


Required Number of Safety Personnel in the Workplace (OSHS, 1978)

Number of Workers Hazardous Highly Hazardous

1-50 1 PT Safety Officer 1 FT Safety Officer

51-200 1 FT Safety Officer 1 FT Safety Officer &1 PT Safety Officer

201-250 1 FT Safety Officer &1 PT Safety Officer 2 FT Safety Officer

251-500 2 FT Safety Officer 2 FT Safety Officer &1 PT Safety Officer

Every additional 500 or a fraction thereof 1 FT Safety Officer



Required Number of Safety Personnel in the Workplace (OSHS, 1978)

Number of Workers Non-Hazardous Workplace

1-250 1 PT Safety Officer

251-500 2 PT Safety Officers

501-750 1 FT Safety Officer

751-1000 2 FT Safety Officer



Duties of Safety Officer • Advice the employer, supervisors, & workers on OSH; • Investigate accidents; • Coordinate safety training programs; • Conduct OSH inspections;• Maintain accident records system; & • Provide assistance to government agencies in the

conduct of OSH inspection, accident investigation, or any other related programs.

Rule 1030 – Training & Accreditation of Personnel in OSH


• A full-time safety officer must be duly accredited by the DOLE.

ACCREDITATION PROGRAM OF DOLE– Note: The employment of a full-time safety officer may not be required

if the employer enters into a written contract with a qualified consultant or consulting organization whose duties & responsibilities shall be the duties of a safety practitioner as stated in this Rule. The employment of a consultant, however, will not excuse the employer from the required training of his supervisors or technical personnel.

Rule 1030 – Training & Accreditation of Personnel in OSH


Rule 1040 – OSH Committee

• a group of employees & management personnel which plans & develops polices in all matters pertaining to safety & health in the workplace.


Rule 1040 – OSH Committee

Type Number of Workers

Composition

Chair Members Secretary

A ≥ 401Manager or authorized rep (must be COO)

2 dep’t Heads4 WorkersCompany MD

Safety Officer

B 201-4001 SupervisorMD or RN3 workers

C 101-200 Manager or authorized rep

1 Foreman3 WorkersRN

D ≤ 100 Manager1 Foreman3 WorkersRN or First Aider


Duties of OSH Committee (OSHS, 1978)

1. Plans & develops accident prevention program2. Directs the accident prevention efforts. 3. Provides necessary assistance to government

inspecting authorities4. Initiates & supervises safety trainings for

employees5. Develops & maintains a disaster contingency

plan


Duties of Employer (OSHS, 1978)

1. Establishes & adopts in writing administrative policies on OSH.

2. Reports to the enforcing authority the policies adopted & required report requirements.

3. Acts on recommended measures of the OSH Committee &, in case of non-adoption, informs the committee of the reason.


Rule 1040 – OSH CommitteeOSH Rule Report/Form Where To File When To File

Rule 1040: OSH Committee

Report of Safety Organization (DOLE/BWC/IP-5)

Minutes of the Meeting

2 copies to be submitted to concerned RO, copy-furnished BWC

Within 1 month after the organization

Quarterly


RULE 1050 – Notification & Keeping Records of Accidents &/or Occupational Illnesses • 1053.01: Notification – All work accidents or

occupational illnesses, resulting in disabling conditions or dangerous occurrences shall be reported by the employer to the Regional Labor Office.– If a major work accident results in death or permanent total

disability, employer shall initially notify the Regional Labor Office within 24 hours.

• 1054: Keeping of Records – The employer shall maintain & keep an accident or illness record which shall be open at all times for inspection by authorized personnel.


• Provides the safety officer means for an objective evaluation of the program.

• Helps identify high injury rates.

• Provides information on accident causes which contributes to high injury rates.

RULE 1050 – Notification & Keeping Records of Accidents &/or Occupational Illnesses


OSH Rule Report/Form Where To File When To File

Rule 1050: Notification & Keeping of Accidents &/or Occupational Illnesses

Work Accident/Illness Report (DOLE/BWC/IP-6)

Annual Exposure Data Report (DOLE/BWC/IP-6b)

Fatal/Major Accident


On or before the 20th day of the month following the date of occurrence of the accident

On or before Jan 20 of the following year

Within 24 hours

RULE 1050 – Notification & Keeping Records of Accidents &/or Occupational Illnesses


RULE 1960 – OH Services

• Every employer is required to provide in his workplace medical & dental services, emergency medicines, & dental facilities.


OH Personnel

• Refers to the qualified first aider, RN, DMD, or MD, whose services have been engaged by the employer in order to provide OH services in the establishment.


Hazardous v Non-Hazardous Workplaces (Rule 1013, OSHS)• Hazardous workplace is where the nature of work

exposes workers to:– Dangerous environmental elements, hazardous

contaminants, ionizing radiation, chemicals, flammable substances

– Construction, mining, fire fighting, stevedoring, dock work, deep sea fishing, mechanized farming

– Dangerous work conditions– Manufacture or handling of explosives, pyrotechnic

products– Heavy equipment or power driven tools &/or machinery


Hazardous v Non-Hazardous Workplaces

• Sec. 2, (c) of MC 02-98: Hazardous establishment – employee is exposed to potential risks of disabling injury, illness or death, either because of the presence of biologic agents, radiation, chemicals, substances, hazardous materials or physical hazards in the work environment, or because of the nature of the work processes performed or equipment used therein.

• Rule 1032.07 of DO 16-01: Hazardous establishment – work operations or practices performed by a worker in the establishment or workplace in conjunction with or as an incident to such operations or practices & which expose the employee or worker to hazards likely to cause disabling injury, illness, death or physical or psychological harm.


OH Personnel

No. of Workers Hazardous Non-Hazardous

1-50 FA/shift – Medicines

FA/shift – Medicines(51-99 – ETR)

51-99 FA/shiftPT OHN, 4h/d, 6d/wk – ETR

100-199FA/shiftFT OHNPT MD/DMD, 4h/d, 3d/wk – EMC

FA/shiftPT OHN, 4h/d, 6d/wk – ETR


OH PersonnelNo. of Workers Hazardous Non-Hazardous

200-600FA/shiftFT OHNPT MD, 4h/d, 6d/wkPT DMD – EH & DC

FA/shiftFT OHNPT MD/DMD, 4h/d, 3d/wk – ETR

601-2000FA/shiftFT OHNFT MD or 2 PT MDsFT DMD – EH & DC

FA/shiftFT OHNPT MD, 4h/d, 6d/wkPT DMD – EMC

≥ 2001FA/shiftOHN/shiftFT MD & PT MD/shiftFT DMD – EH & DC

FA/shiftOHN/shiftFT MD & PT MD/shiftFT DMD – EMC & DC


OH Services• Emergency Hospital – An employer need not put up an emergency

hospital or dental clinic if there is a hospital or dental clinic which is not more than 5 km. away in urban areas & 25-min. travel in rural areas provided contracts are entered into with the said hospital or dental clinic & that the employer provides transportation facilities. However, not an excuse of not maintaining in the workplace an emergency treatment room for his workers.

• MD/DMD shall be subject to call at any time in other shifts during emergencies.


• OH Program – The physician engaged by the employer, in addition to providing medical services in cases of emergency, must also perform the following:

– Conduct PEME, free of charge, for the proper selection of workers;

– Conduct free of charge APE of the workers;

– Collaborate with safety & technical personnel in the selection & placement of workers, including investigation of work-related accidents due to exposure to health hazards; &

– Develop & implement a comprehensive OH program for the employees.

OH Services


OSH Rule Report/Form Where To File When To File

Rule 1960: OH Services

Annual Medical Report (DOLE/BWC/OH-47A)


On or before the last day of March of the year following the covered period

RULE 1960 – OH Services


Other OSHS Rules/Requirements• Rule 1070 – Occupational Health & Environmental Control

– The employer shall exert efforts to maintain & control the working environment in comfortable & healthy conditions for the purpose of promoting & maintaining the health of his workers.

– The employer shall carry out WEM where hazardous work is performed & shall keep a record of such measurement which shall be made available to the enforcing authority.

– WEM shall include temperature, humidity, pressure, illumination, ventilation, concentration of substances, & noise.

– The WEM shall be performed periodically as may be necessary but not longer than annually.


Rule 1080 – PPE & Devices

• 1081.01 – Every employer shall at his own expense furnish his workers with protective equipment & barriers whenever necessary.

• 1081.04 – No person shall be subjected or exposed to a hazardous environmental condition without protection.

Other OSHS Rules/Requirements


Summary of Administrative Rules

• Notification & Keeping of Records of Accidents &/or Occupational Illnesses (Rule 1050)

• Occupational Health Services (Rule 1960)

• Registration of business (Rule 1020)

• Training & Accreditation of Personnel in OSH (Rule 1030)

• Health & Safety Committee (Rule 1040)


Summary of Report Requirements

• Work Accident/Illness Report (WAIR) • Annual Exposure Data Report (AEDR) • Report of Safety Organization (RSO) • Minutes of the Meetings of Health and Safety

Committee• Annual Medical Report (AMR)


DOLE Issuance

ISSUANCE TITLE

DO 53-03 Guidelines for the Implementation of Drug-Free Workplace Policies and Programs for the Private Sector

DO 73-05 Guidelines for the Implementation of Policy and Program on Tuberculosis (TB) Prevention and Control in the Workplace

DO 102-10 Guidelines for the Implementation of HIV and AIDS Prevention and Control in the Workplace Program

DA 05-10 Guidelines for the Implementation of a Workplace Policy and Program on Hepatitis B


DOLE IssuanceTITLE SCOPE COMPONENTS

DO 53-03: Guidelines for the Implementation of a Drug-Free Workplace Policies & Programs for the Private Sector

Mandatory for companies with 10 or more workers to include supply chain

A. Advocacy, Information, Education &Training

B. Preventive Strategies

C. Social PolicyD. Health Care

ServicesE. Benefits &

CompensationF. Monitoring &

Enforcement

DO 73-05: Guidelines for the Implementation of Policy & Program on Tuberculosis (TB) Prevention & Control in the Workplace

All workplaces in the private sector including their supply chain

DO 102-10: Guidelines for the Implementation of HIV & AIDS Prevention & Control in the Workplace Program

DA 05-10: Guidelines for the Implementation of a Workplace Policy & Program on Hepatitis B


DOLE IssuancePOLICY & PROGRAM

DO 53-03

(Drugs)

DO 73-05

(TB)

DO 102-10(HIV & AIDS)

DA 05-10(Hepatitis

B)

Jointly developed by management & workers / / / /

Mandatory; covers all workplaces ≥ 10 workers / / /

Advocacy, education, & training / / / /

Preventive strategies / / / /

Medical management (diagnosis, treatment, & referral) / / / /

Social policy (non-discrimination, & work accommodation) / / / /

Roles & responsibilities: Employers, Workers, SHC, & Gov’t / / / /


Highlights of DOLE Issuance for Illnesses & Related Concerns (Drugs, TB, HIV/AIDS, Hepatitis B)

• Formulation of workplace policy & program– Policy & program may be a separate or integrated

into existing OSH policy & program of establishment.

– Collaboration of management & workers representatives in development & implementation of policy & program.

– May be included as provisions of the CBA.



• Components of prevention & control of workplace policy & program– Advocacy, information, education, & training – Social policy• Non-discriminatory policy & practices• Confidentiality• Work accommodation & arrangement

– Diagnosis, treatment, & referral for other services



• Roles & responsibilities of employers & workers

• Implementation & monitoring– Within the establishment, safety & health

committee or its counterpart shall be tasked for this purpose.

– DOLE through its Regional Offices


Key Principles• Recognition of the different health concerns as

workplace issue• Non-discrimination• Healthy work environment• Social dialogue• Confidentiality• Continuation of employment relationship• Prevention• Diagnosis, treatment, & referral for other services • Roles & responsibilities of stakeholders


Other Relevant DOLE Issuances• DC 01-08: Policy Guidelines Governing the OSH of

Workers in the Call Center Industry Workplace policy on OSH Components of OSH program

Hazard & risk prevention & control Capacity-building for the members of the OSH

Committee Referral & access to medical & welfare services

Roles & responsibilities of the employers & workers Social policy Program implementation


Other Relevant DOLE Issuance• DO 119-12: Rules Implementing RA 10151, “An Act Allowing the

Employment of Night Workers Thereby Repealing Art. 130 & 131 of PD 442, as Amended, otherwise known as the Labor Code of the Philippines” Coverage – exempted are those working in the agriculture, stock raising, fishing,

maritime transport, & inland navigation Health assessment Mandatory facilities

First-aid & emergency facilities as provided in Rule 1960 Lactation stations as required by RA 10028 Separate toilet facilities for men & women Eating facility with potable drinking water Facilities for transport &/or well-ventilated temporary sleeping quarters

separate for men & women workers Transfer, & alternative measures to night work for pregnant & nursing employees Benefits, compensation, night work schedules, & penalties


The LLCS Checklist (DO 131-13, as amended)

OSHS COMPLIANCE INDICATORS REMARKS

Registration of establishments Rule 1020, OSHS

Adequate aisles/passageways Rule 1060, OSHS; Sufficient width & height, & w/ signs & markings

Good housekeeping Rule 1060, OSHS; Conditions of floors, walls, & storage rooms

Emergency exits Rule 1940, OSHS; 2 per floor w/ no obstructions

Materials handling & storage Rule 1150, OSHS; Appropriate labels, dotting, & storage

Waste disposal system Waste receptacle & its removal; drainage system

Adequate lighting Rule 1070, OSHS; In work areas, in aisles & passageways

Noise pollution control Rule 1070, OSHS; Provision of appropriate PPE or isolation of work area


The LLCS Checklist (DO 131-13, as amended)OSHS COMPLIANCE INDICATORS REMARKS

Proper ventilation Rule 1070, OSHS; Provision of natural or artificial air supply

Radiation exposure control Provision of appropriate PPE, examination of work area

Airborne contaminant control Rule 1070, OSHS; Provision of appropriate PPE, improvement of technical process, improvement of ventilation

WEM Rule 1070, OSHS

PPE Rule 1080, OSHS; Provision & appropriate training

Fire protection equipment/facilities Rule 1940, OSHS; Water tank, fire extinguisher, conduct of fire drill

Proper machine guarding Rule 1200, OSHS; Railing or casing of moving parts

Proper office spacing Rule 1060, OSHS; Between workers, & machines



No imminent danger situation Condition that could cause death or serious physical harm

Personal facilitiesa. Separate toiletb. Supply of potable waterc. Washing facilities

DOLE: Rule 1060, OSHSDOH: IRR on Chapter VII, PD 856, amending AO 111 s. 1991

Safety & health organization Rule 1040, OSHS; According to number of employees

Safety personnela. Safety officerb. Safety practitioner

Rule 1030, OSHS; DO 16-01

Health personnela. FAb. OHNc. OHP/OHD

Rule 1960, OSHS



Medical facilitiesa. Treatment roomb. Clinicc. Hospital

Rule 1960; OSHS

Emergency medicines Rule 1960, OSHS; Table 47

Continuing training related to OSH Rule 1030, OSHS; DO 16-01

Administrative reports on safety & healtha. Minutes of meeting of SHCb. Employee’s work accident/illness

exposure datac. Annual work accident/illness

exposure datad. Annual medical report

- Rule 1040, OSHS- Rule 1050, OSHS; For every accident

- Rule 1050, OSHS; Whether or not there is an accident- Rule 1050, OSHS; Health record of program & activities

Registration w/ PCAB DO 13-98



DOLE-approved CHSP DO 13-98

Construction safety signages DO 13-98

Construction heavy equipment testing Rule 1410, OSHS; DO 13-98

Construction heavy equipment operator, TESDA certified


Construction worker’s skills certificate for critical operations


DO 53-03 (drug-free workplace) Written policies & programs reflecting the elements required

DO 102-10 (HIV & AIDS in the workplace) Written policies & programs reflecting the elements required

DA 05-10 (hepatitis B in the workplace) Written policies & programs reflecting the elements required

DO 73-05 (TB in the workplace) Written policies & programs reflecting the elements required


The LLCS Checklist (DO 131-13, as amended)

OSHS COMPLIANCE INDICATORSTechnical Safety REMARKS

Boiler Rule 1160, OSHS; Permit to operate

Pressure vessel Rule 1170, OSHS; Permit to operate

Internal combustion engine Rule 1180, OSHS; Permit to operate

Elevators & other related equipment Rule 1220, OSHS; Permit to operate

Power piping lines inspection Rule 1240, OSHS; Permit to operate

Crane & hoist equipment Rule 1410, OSHS; DO 13-98; Permit to operate

Turbine Permit to operate

Electrical wiring installation inspection Rule 1210, OSHS; certificate of electrical inspection


Questions?


Technical services offeredby HCD – OSHC• Blood-lead level determination• Blood-cadmium level determination• Blood-mercury level determination• Audiometry• Spirometry


Online Courses offered by OSHC

• http://www.e-osh.com.ph/• e-BOSH – with PhP3,500.00 fee• Free courses:

1. Appreciation Course on Drug-Free Workplace

2. CHANGE for Employees3. CHANGE for Employers

• Recognition of the different health concerns as workplace issue


An ounce of PREVENTION is worth a pound of cure.

[email protected]+63 2 9296036 to 39

+63 2 9296030

Madamo nga Salamathan iyo pamati!

issuance affecting occupational safety & health in the it-bpm industry jehremias m. florante,...

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