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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DEPARTMENT OF LABOR AND EMPLOYMENT
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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DEPARTMENT OF LABOR AND EMPLOYMENT
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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DEPARTMENT OF LABOR AND EMPLOYMENT
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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DEPARTMENT OF LABOR AND EMPLOYMENT
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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DEPARTMENT OF LABOR AND EMPLOYMENT
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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DEPARTMENT OF LABOR AND EMPLOYMENT
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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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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DEPARTMENT OF LABOR AND EMPLOYMENT
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!