The Philippines, Occupational Safety and Health Standards
By virtue of the powers vested in the Department of
Labour and
Employment under Article 162 of the Labor Code of the
Philippines, this Occupational Safety and Health Standards is
hereby promulgated for the guidance and compliance of all
concerned. This body of standards rules and regulations shall
hereafter be referred to as "Standards."
RULE 1000
GENERAL PROVISION
1001 : Purpose and Scope:
(1) The objective of this issuance is to protect every
workingman against the dangers of injury, sickness or death
through safe and healthful working conditions, thereby assuring
the conservation of valuable manpower resources and fie
prevention of loss of damage to lives and properties, consistent
with national development goals and with the State's commitment
for the total development of every worker as a complete human
being.
(2) This Standards shall apply to all places of employment
except as otherwise provided in this Standards.
1002 : Definitions:
For purposes of this Standards and except as otherwise indicated,
the following shall mean:
(1) "Employer" includes any person acting directly or indirectly
in the interest of an employer, in relation to an employee, and
shall include government-owned or controlled corporations and
institutions, as well as non-profit private institutions or
organizations.
(2) "Employee" shall mean any person hired, permitted or suffered
to work by an employer.
(3) "Industrial Enterprise" shall mean any workplace, permanent
or temporary, including any building or collection of buildings,
shed, structure, yard or any other place, where permanently or
temporarily one or more persons are employed in any manufacturing
of goods or products processing and any other activity similar
and incidental thereto.
(4) "Agricultural Enterprise" shall include forestry and logging
operations, farming in all its branches, and among other things,
includes cultivation and tillage of the soil, dairying, the
production, cultivation, growing and harvesting of any
agricultural and horticultural commodities, the raising of
livestock and poultry, and any practice performed by a farmer on
a farm as an incident to or in conjunction with such farming
operations, but does not include the manufacturing or processing
of sugar, coconut, abaca, tobacco, pineapple or other farm
products.
(5) "Dry Dock" shall include premises where work is performed on
shore or on board ships in which ships or vessels are
constructed, repaired, refitted, finished or broken up and
housed.
(6) "Health" shall connote a sound state of the body and mind of
the worker which enables him to perform his job normally, in a
state of well-being.
(7) "Safe or Safety" shall refer to the physical or environmental
conditions of work or employment which substantially comply with
the provisions of this Standards.
(8) " Work Accident" shall mean an unplanned or unexpected
occurrence that may or may not result in personal injury,
property damage, work stoppage or interference or any
combination thereof which arises out of and in the course of
employment.
(9) "Work Injury" shall mean any injury or occupational illness
suffered by a person which arises out of or in the course of his
employment.
(10) "Occupational Illness" shall mean any illness caused by
environmental factors, the exposure to which is characterized or
peculiar to a particular process, trade or occupation and to
which an employee or worker is not ordinarily subjected to or
exposed outside of or away from such employment.
(11) "Recognized Hazards" are those which do not require
technical or testing devices to detect.
(12) "Workplace" means the office, premises or work site,where
the workers are habitually employed and shall include the office
or place where the workers, who have no fixed or definite work
site, regularly report for assignment in the course of their
employment
(13) "Approved' shall mean acceptable to the Secretary in writing
after proper examination showing compliance with prescribed
Standards
(14) "Code" shall mean the Labor Code P.D. 442 as amended.
(15) "Department" shall mean the Department of Labor and
Employment.
(16) "Secretary" shall mean the Secretary of Labor and
Employment.
(17) "Bureau" shall mean the Bureau of Working Conditions.
(18) "Director" shall mean the Director of the Bureau of Working
Conditions.
(19) "Standards" shall mean the Occupational Safety and Health
Standards.
(20) "Enforcement Officer" shall mean the industrial safety
engineer, the labor regulation officer, or any duly authorized
representatives of the Secretary to enforce this Standards.
(21) "Authorized Representative" shall mean and include chartered
cities, municipalities, employees or officials of other
government agencies empowered by the Secretary of Labor and
Employment to enforce the provisions of this Standards.
1003 : Administration and Enforcement:
1003.01: Department of Labour and Employment:
(1) "The Department of Labor and Employment shall administer and
enforce the provisions of this Standards.
(2) Every employer shall give to the Secretary or his duly
authorized representative access to its premises and records for
the purpose of determining compliance with the provisions of this
Standards.
(3) Every establishments or place of employment shall be
inspected at least once a year to determine compliance with the
provisions of this Standards. Special inspection visits, however,
may be authorized by the Regional Labor Office or as authorized
under Rule 1980 of this Standards, to investigate accidents,
occupational illnesses or dangerous occurrences, especially those
resulting in permanent total disability or death, to conduct
surveys of working conditions requested by the Bureau for the
purpose of evaluating and assessing environmental contaminants
and physical conditions or to conduct investigations, inspections
or follow-up inspections upon request of an employer, worker or
a labor union of the establishment.
(4) The enforcement officer shall deb}mine reasonable periods of
compliance with recommendations depending on the gravity of the
hazards needing corrections or the period needed to come into
compliance with the order.
1003.02: Application to Other Places of Employment:
When a condition of employment in workplaces not specifically
covered by this Standards is the subject of complaints, the
provision of this Standards shall apply.
1003.03: Application to Transportation:
Establishments engaged in land, sea and air transportation are
not covered except their garages, dry docks, port hangars,
maintenance and repair shops.
1003.04: Application to Mines:
The activities of a lessee regarding safety of mining
installations, surface or underground, within the mining claim
or lease, including mine safety, mineral conservation and problem
of pollution in establishments or workplaces falling under
"Mining Industry" as classified by the National Economic and
Development Authority are not covered by this Standards.
1003.05: Application to Chartered Cities and Municipalities:
The Department of Labor ana Employment shall be solely
responsible for the administration and enforcement of this
Standards in all places of employment except as provided in
Rule 1980 of this Standards.
1004 : Special Inspection, Investigation and Review:
(1) Any worker or representative of workers or any concerned
person who believes that a violation of any provision of this
Standards threatens physical harm or imposes imminent danger to
life, may request an inspection by giving full particulars or
details regarding such violation or danger to the Regional Labor
Office or duly authorized representative. If upon appraisal of
such notification, the Regional Office or its duly authorized
representative finds reasonable ground to believe that a
violation has really been committed or danger exists, a special
inspection or investigation shall be conducted immediately. The
complainant shall be notified in writing of the outcome of
such investigation or inspection, immediately upon its completion
(2) The Secretary of Labor and Employment on his own initiative
or on complaints of the workers, shall review any failure or
refusal of the Regional Labor Office or duly authorized
representative to order compliance or issue recommendation with
respect to such complaint or reported violation.
1005 : Duties of Employers, Workers and other Persons:
(1) Each employer covered by the provisions of this Standards
shall:
a. furnish his workers a place of employment free from
hazardous conditions that are causing or are likely to cause
death, illness or physical harm to his workers;
b. give complete job safety instructions to all his workers,
especially to those entering the job for the first time,
including those relating to the familiarization with their work
environment, hazards to which the workers are exposed to and
steps taken in case of emergency;
c. comply with the requirements of this Standards; and
d. use only approved devices and equipment in his workplace.
(2) Every worker shall cooperate with the employer in carrying
out the provisions of this Standards. He shall report to his
supervisor any work hazard that may be discovered in his
workplace.
(3) Every worker shall make proper use of all safeguards and
safety devices furnished in accordance with the provisions of
this Standards for his protection and that of others, and shall
follow all instructions given by the employer in compliance with
the provisions of this Standards.
(4) It shall be the duty of any person, including any builder or
contractor or enforcement agent, who visits, builds, renovates,
or installs devices, or conducts business in any establishment
or workplace, to comply with the provisions of this Standards and
all regulations of the employer issued thereunder as well as with
other subsequent issuances of the Secretary.
1006 : Confidentiality of Trade Secrets:
All information reported to or otherwise obtained by the
enforcement officer in connection with any inspection or
proceedings under this Standards, which contains or might reveal
a trade secret, shall be considered confidential except that such
information may be revealed in any proceeding where it is
required or necessary. The Secretary, the Regional Director or
duly authorized representative, shall issue appropriate orders
to protect the confidentiality of trade secrets.
The International Labour Organization is a United Nations specialized agency.