The Philippines, Occupational Safety and Health Standards
RULE
1010
OTHER SAFETY RULES
1011 : Promulgation of Rules:
Safety and health rules may be promulgated, amended, modified,
or revoked in the following manner:
(1) The Bureau, on the basis of information submitted in writing
by interested parties or on the basis of information available
to it upon determination that a Rule should be promulgated or
amended in order to serve the objectives of the Code, shall draft
a proposed Rule. Conformably with the principle of tripartism,
the Bureau may ask the advice and assistance of individuals and
organizations, privates or public agencies, particularly
recognized workers' and employers' organizations, having specials
knowledge of the proposal under consideration.
(2) The Bureau shall prepare the proposal taking into
consideration suggestions and recommendations available.
(3) The Director shall forward the proposal to the Secretary for
approval. The Secretary shall within thirty (30) days from
receipt thereof act on the proposal. If rejected, same shall be
returned to the Bureau with his reasons. After a reconsideration
of the returned proposal, the Director shall resubmit his
proposal in the manner herein outlined
(4) After approval of the proposal by the Secretary, the same
shall be published in a newspaper of general circulation and
shall take effect fifteen (15) days from the date of
publication and shall become part of this Standards
1012 : Special Rules:
1012.01: Work Conditions or Practices Not Covered by Standards:
Any specific rule applicable to a condition, practice, means,
methods, operations or processes shall also apply to other
similar work situations for which no specific rule has been
established.
1012.02: Abatement of Imminent Danger:
(l) An imminent danger is a condition or practice that could
reasonably be expected to cause death or serious physical harm
before abatement under the enforcement procedures can be
accomplished.
(2) When an enforcement officer finds that an imminent danger
exists in a workplace, he shall inform the affected employer and
workers of the danger and shall recommend to the Regional
Director the issuance of an Order for stoppage of operation or
other appropriate action for the abatement of the danger. Pending
the issuance of the Order the employer shall take appropriate
measures to protect the workers.
(3) Upon receipt of such recommendation, the Regional Director
shall immediately determine whether the danger exists and is of
such a nature as to warrant the issuance of a Stoppage Order or
other appropriate action to minimize the danger.
(4) The Order shall require specific measures that are necessary
to avoid, correct or remove such imminent danger and to prohibit
the presence of any worker in such location where such danger
exists, except those whose presence are necessary to avoid,
correct or remove such danger or to maintain a continuous process
or operation. Where stoppage of operation is ordered, the Order
shall allow such correction, removal or avoidance of danger only
where the same can be accomplished in a safe and orderly manner.
(5) Immediately after the issuance of a Stoppage Order, the
Regional Director shall furnish the Secretary, through the
Director, within forty-eight (48) hours a copy of the Order and
all pertinent papers relating thereto, together with a detailed
description of the work conditions sought to be corrected, the
safety and health rule violated by the employer, and the
corrective measures imposed. The Secretary shall review the Order
issued by the Regional Director and within a period of not more
than five (5) working days, issue a final Order either lifting
or sustaining the Order of the Regional Director.
(6) The Order shall remain in effect until danger is removed or
corrected.
1012.03: Suspension of Rules:
(1) The Secretary may issue to an employer-applicant a temporary
order suspending the effectivity date of a Rule or any part of
this Standards for the following reasons:
a. The unavailability of professional or technical personnel or
of materials and equipment needed to comply with the rule;
b. necessary construction or alteration of the prescribed
facilities cannot be completed on the effectivity date of the
rule;
c. the employer is participating in experiments or studies
approved or conducted by the Bureau designed to demonstrate new
techniques to safeguard the safety and health of workers.
(2) In such a case, the employer-applicant shall.establish:
a. the reason why he is applying for a suspension order,
specifying the rule or portion he seeks suspension of;
b. that he is taking all available and necessary steps .o
safeguard his workers against the hazards covered by the rule,
and that he is prescribing necessary measures, methods,
operations and practices which he must adopt and use while the
suspension is in effect;
c. that he has an effective program for corning into compliance
with the rule as quickly as possible, specifying a given date for
compliance;
d. that he has informed his workers of the application and a copy
of the application and reasons thereof have been given to the
workers or their duly authorized representative.
(3) The application shall be submitted to the Regional Director
or duly authorized representative, as the case may be, who after
hearing the workers or their duly authorized representative shall
evaluate and recommend action to the Secretary, through the
Director. He may issue an interim order to be effective until the
suspension order is issued by the Secretary.
(4) The suspension order, including the interim order, shall
prescribe the practices, means, methods, operations, or processes
which the employer must use and adopt while the order is in
effect and while the program for coming into compliance with the
rule is being implemented.
(5) The suspension order shall not be in effect longer than the
period needed by the employer to come into compliance with the
rule, or one year, whichever is shorter, renewable for another
year, subject to revocation or shortening of the period by the
Secretary, if such is warranted.
1012.04: Variation Order:
(1) If there shall be practical difficulty or unnecessary
hardship ln complying with the requirements of any rule or
provision of this Standards, the Secretary, upon the
recommendation of the Director, may issue an order allowing a
variation in complying with such requirements, provided that the
purpose of such rule or provision is substantially served and the
safety and health of the workers remain ensured. The employer
affected by such rule or provision may request in writing the
Secretary, through the Regional Labor Office, to authorize such
a variation stating the grounds for the request and the measures
to be taken or already being taken.
(2) An application for a variation shall contain:
a. a specification of the rule or provision or portion thereof
from which the employer is seeking a variation.
b. an attestation from technically qualified person that the
employer is unable to comply with the rule and detailed reasons
thereof;
c. a detailed statement of the measure he will take or is already
taking to protect the workers against the hazards covered by the
rule or provision; and
d. a certification that the workers have been informed and a copy
of the application has been furnished the workers or their duly
authorized representative.
(3) A variation order shall stipulate the conditions under which
the variation is permitted and shall be applicable and effective
only to the particular employer and operations covered by the
Order. A variation order shall remain in effect until revoked by
the Secretary.
1013 : Hazardous Workplaces:
For purposes of this Standards, the following are considered
"hazardous workplaces:"
a. Where the nature of work exposes the workers to dangerous
environmental elements, contaminants or work conditions including
ionizing radiation, chemicals, fire, flammable substances,
noxious components and the like;
b. Where the workers are engaged in construction work, logging,
fire fighting, mining, quarrying, blasting, stevedoring, dock
work, deep sea fishing and mechanized farming;
c. Where the workers -are engaged in the manufacture or handling
of explosives and other pyrotechnic products;
d. Where the workers use or are exposed to power driven or
explosive powder actuated tools;
e. Where the workers are exposed to biologic agents such as
bacteria, fungi, viruses, protozoas, nematodes, and other
parasites.
The International Labour Organization is a United Nations specialized agency.