Occupational-Safety and Health - An Overview

Overview of OSH in industrial setting

1. OCCUPATIONAL HEALTH AND SAFETY

2. What health and safety standards should be observed in industrial establishments? Who is responsible for defining and enforcing those standards? What is RA 11058? Learning Objectives

3. With the development and growth of business and industry, the problems of health and safety have gradually increased, brought about by advancing technology and by the innovations in modern tools and machines. The ability of a business organization to provide its employees with sound policies and programs on health and safety increase it’s productivity and profitability. HEALTH AND SAFETY

4. Thus, the labor code has included provisions on workers health and safety, and required the DOLE to promulgate Occupational Safety and Health Standards for business and industry. The requirements for medical and dental services and the employment of physicians and nurses depend upon the number of employees and the location of the plant to provide first- aid treatment. HEALTH AND SAFETY

5. The Labor Code of the Philippines requires all employers, regardless of number of employees, whether operating for profit or not, to provide first- aid facilities for its employees. This means adequate, immediate and necessary medical and dental attention or remedy given in case of injury or sudden illness suffered by a worker during employment, regardless of whether he is on duty or not. First Aid Treatment

6. The Constitution mandates that it is the duty on of the government to safeguard the worker's social and economic well-being as well as his physical safety and health. To implement this, the Labor Code contains the following provision in Article 166: The state shall promote and develop a tax-exempt employees' compensation program whereby employees and their dependents, in the event of work- connected disability or death, may promptly secure adequate income benefit and medical or related benefits. Policies on Health and Safety

7. Treatment in company clinics is free, but when a case requires hospitalization, the arrangements governing payment of expenses vary from firm to firm. Some companies pay all the medical expenses of their employees while others have these shared by the employees, either through direct payments, or through an insurance plan. Policies on Health and Safety

8. Other employers limit their responsibility to what the Philippine Medical Care Act of 1969, better known as the Medicare, provides for under certain schedules, for the payment of surgical and hospitalization expenses of employees. These are in addition to the sick leave benefits that the company or the Social Security System provides. Companies situated in an area beyond five kilometers from a hospital or dental clinic are required to provide an emergency hospital or dental clinics, especially in out-of-town areas where in hospital services are hardly available, extend the medical and dental services to the public. Policies on Health and Safety

9. Some basic principles industrial safety has been recognized in business and industry. Some of these are: Safety is the legal and moral obligation of the employer. The Labor Code provides that the employer who fails or neglects to provide adequate protection and safety devices as prescribed in the Occupational Safety and Health Standards shall be subject to the penalty imposed by Article 200 of the Labor Code. Legal Provisions on Industrial Safety

10. Cooperation in the safety program is the mutual obligation of each individual employee including the labor unions and the employer. While accident prevention is the legal and moral responsibility of the employer, each individual employee has an obligation to cooperate with the employer in carrying out its safety program. The OSHS has specifically stated this as its purpose in the promulgation of the standards. Legal Provisions on Industrial Safety

11. The state is also obligated by society to supervise the protection of the working man against the dangers of injury, sickness, or death through its laws, rules, and regulations. For this purpose, the Employees’ Compensation Commission has been established and the State Insurance Fund is now maintained to assure the payment of compensation to employees who meet accidents or illness in connection with their employment. This fund is fully supported through the assessed contributions of employers. The workers do not pay anything to the fund. Legal Provisions on Industrial Safety

12. Safety is a line function. The safety officer, however, is a staff man who usually reports to the personnel manager. His functions are: Safety education Investigating accidents Analyzing causes of accidents Preparing accident statistics and reports Safety Department

13. The Occupational Safety and Health Standards (OSAHS) require the participation of employers and employees in safety by the organization of safety committees in the company. The OSAHS requires that a specific type of Safety Committee be organized (Rule 1031) for each size of the company, based on the number of employees. This safety committee should be organized within one month from the date the business starts operating. The safety committee shall reorganize every January of the following year. Safety Committee

14. Accident costs are either direct or indirect. Indirect costs represent the “plus costs” of doing business and the burden inflicted on society and the suffering of victims and their families as well. The Employees’ Compensation Program that is responsible for paying compensation of employees for illness, injury, or death in connection with employment is financed by the State Insurance Fund. This fund is supported solely by the employers through their contributions of one percent of the monthly salary credit of all employees of the company. Cost of Accidents

15. Employers are required to keep records and reports of the sickness, injury, or death of their employees, the pertinent legal provisions of which are found in Article 205 of the Labor Code, as follows: Medical and dental records The employer shall furnish the Bureau of Working Conditions with copies of all contracts of employment of medical personnel and contracts with hospitals or clinics as provided in Section 5 of this Rule. He shall maintain a record of all medical examinations, medical treatments, and medical activities undertaken. He shall also submit reports in such information as the Bureau of Working Conditions may require from time to time. Records of Accidents and/or Occupational Illness

16. The following types of accidents and/or occupational illness must be recorded in the logbook, and reported to the regional offices or duly authorized representatives of the DOLE as defined in the OSAHS: Medical treatment injury Disabling injury Death Permanent total disability Permanent partial disability Temporary total disability Day of disability Total days lost Exposure Disabling injury Disabling injury severity rate Records of Accidents and/or Occupational Illness

17. Record of death or disability All employers shall keep a logbook to record chronologically, the sickness, injury, or death of their employees. The records must contain the following information: their names, deaths and places of the contingency, nature of the contingency, and absences. Entries in the logbook must be made within five days from the notice of knowledge of the occurrence of the contingency and within five days entry in the logbook, the employer shall report to the Social Security System only those contingencies it deems to be work connected. Records of Accidents and/or Occupational Illness

18. Logbook entries required All entries in the employer's logbook shall be made by the employer or any of his authorized officials after verification of the contingencies or the employer’s absences for a period of a day or more. Upon request by the system, the employer shall furnish the necessary certificate regarding information about any contingency appearing in the logbook, citing the entry number, page number, and date. Such logbook shall be made available for inspection to the duly authorized representatives of the system. Records of Accidents and/or Occupational Illness

19. Liability for False Reporting Should any employer fail to record in the logbook an actual sickness, injury or death of any of his employees within the period prescribed in the Labor Code, give false information, or withhold material information already in his possession, he shall be held liable for 50% of the lump sum equivalent of the income benefit to which the employee is entitled. The payment of this sum shall accrue to the State Insurance Fund. Records of Accidents and/or Occupational Illness

20. Liability of Employee In case of payment of benefits for any claim which is later determined to be fraudulent and the employer is found to be a party to the fraud, such employer shall reimburse the system the full amount of the compensation paid. Notice of Sickness, injuries, or Death Notice of Sickness, injury, or death must be given to the employer by the employee or by his dependents or anybody on his behalf within five days from the occurrence of the contingency. No notice to the employer shall be required if the contingency is known to the employer or his agents or representatives. Records of Accidents and/or Occupational Illness

21. The Occupational Safety and Health Standards require that a number of supervisors or technical personnel, depending on the total number of employees in in the company as well as the occupational hazards existing in the company, be trained or undergo an occupational safety and health training course by the Bureau of Working Conditions. The Bureau is required to conduct continuing on programs to increase the supply and competence of personnel qualified to carry out the provisions of the Standards. TRAINING OF PERSONNEL IN OCCUPATIONAL HEALTH AND SAFETY

22. Training Programs The Bureau, either directly or through accredited organizations, shall conduct continuing programs to increase the supply and enhance the competence of personnel qualified to carry out the provisions of OSAHS. The Bureau shall prescribe the required training programs, in consultation with the UP institute of Public Health, World Health Organization, and other technical societies. These programs shall incorporate the latest trends, practices, and technology in occupational safety and health. TRAINING OF PERSONNEL IN OCCUPATIONAL HEALTH AND SAFETY

23. RA 11058 An Act Strengthening Compliance with Occupational Safety and Health Standards and Providing Penalties for Violations

24. 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 shall ensure a safe and healthful workplace for all working people by affording them full protection against all hazards in their work environment shall ensure that the provisions of the Labor Code of the Philippines, all domestic laws, and internationally-recognized standards on OSH are being fully enforced and complied with by the employers, and shall provide penalties for any violation DECLARATION OF POLICY

25. shall protect every worker against injury, sickness or death through safe and healthful working conditions shall promote strict but dynamic, inclusive, and gender-sensitive measures in the formulation and implementation of policies and programs related to OSH DECLARATION OF POLICY

26. This Act shall apply to all establishments, projects, sites, including Philippine Economic Zone Authority (PEZA) establishments and all other places where work is being undertaken in all branches of economic activity, except in the public sector. The Secretary of Labor and Employment shall issue the appropriate standards of occupational safety and health for such purpose based on the number of employees, nature of operations and the risk or hazard involved. COVERAGE

27. Every employer contractor or subcontractor, if any, and any person who manages, controls, or supervises the work being undertaken shall: Furnish the workers a place of employment free from hazardous conditions that are causing or are likely to cause death, illness, or physical harm to the workers; Give complete job safety instructions to all the workers, especially to those entering the job for the first time, including those relating to familiarization with their work environment; Inform the workers of the hazards associated with their work, health risks involved or to which they are exposed to, preventive measures to eliminate or minimize the risks, and steps to be taken in case of emergency; DUTIES OF EMPLOYERS, WORKERS AND OTHER PERSONS

28. Use only approved devices and equipment for the workplace; Comply with OSHS including training, medical examination, and where necessary provision of protective and safety devices such as personal protective equipment (PPE) and machine guards; Allow workers and their safety and health representatives to participate actively in the process of organizing, planning, implementing and evaluating the program to improve the safety and health in the workplace; Provide, where necessary, for measures to deal with emergencies and accidents, including first-aid arrangements. DUTIES OF EMPLOYERS, WORKERS AND OTHER PERSONS

29. Every worker shall participate in ensuring compliance with OSHS in the workplace The worker shall make proper use of all safeguards and safety devices furnished for his/her protection and that of others and shall observe instructions to prevent accidents or imminent danger situation in the workplace. They shall observe the prescribed steps to be taken in case of emergency. The worker shall report to the supervisor any work hazard that may be discovered in the workplace. DUTIES OF EMPLOYERS, WORKERS AND OTHER PERSONS

30. It shall be the duty of any person, including the builder or contractor who visits, builds, renovates, or installs devices or conducts 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. Whenever two or more undertakings are engaged in activities simultaneously in one workplace, it shall be the duty of all engaged to collaborate in the application of OSH standards and regulations. DUTIES OF EMPLOYERS, WORKERS AND OTHER PERSONS

31. 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, and provided access to training and education on chemical safety and to orientation on data sheet of chemical safety, electrical safety, mechanical safety, and ergonomic safety. WORKERS’ RIGHT TO KNOW

32. The worker has the right of refusal to work without threat or reprisal from the employer if, as determined by the DOLE, an imminent danger situation exists in the workplace that may result to illness, injury or death, and corrective actions to eliminate the danger have not been undertaken by the employer. WORKERS’ RIGHT TO REFUSE TO UNSAFE WORK

33. Workers and their representatives shall have the right to report accidents, dangerous occurrences, and hazards to the employer, to the DOLE and to other concerned government agencies exercising jurisdiction as the competent authority in the specific industry or economic activity. WORKERS’ RIGHT TO REPORT ACCIDENTS

34. Every employer shall provide their workers, free of charge, protective equipment for their eyes, face, hands and feet, and lifeline, safety belt or harness, gas or dust respirators or masks, and protective shields whenever necessary by reason of the hazardous work process or environment, chemical, radiological, mechanical and other irritants or hazards capable of causing injury or impairment in the function of any part of the body through absorption, inhalation or physical contact. WORKERS’ RIGHT TO PERSONAL PROTECTIVE EQUIPMENT (PPE)

35. The cost of the PPE shall be part of the safety and health program which is a separate pay item pursuant to Section 19 of this Act. All PPE shall be of the appropriate type as tested and approved by the DOLE based on its standards. The usage of PPE in all establishments, projects, sites and all other places where work is being undertaken shall be based on the evaluation and recommendation of the safety officer. WORKERS’ RIGHT TO PERSONAL PROTECTIVE EQUIPMENT (PPE)

36. All establishments, projects, sites and all other places where work is being undertaken shall have safety signage and devices to warn the workers and the public of the hazards in the workplace. Safety signage and devices shall be posted in prominent positions at strategic locations in a language understandable to all and in accordance with the standards set by the DOLE . SAFETY SIGNAGE AND DEVICES

37. In relation to the use of equipment, the employer must comply with the DOLE requirements in the different phases of the company or project operation, including the transport to and from the establishment, project, site or place where work is being undertaken. SAFETY IN THE USE OF EQUIPMENT

38. Workers in all establishments, projects, sites and all other places where work is being undertaken shall be provided adequate and suitable information by the employer contractor or subcontractor, if any, on safety and health standards, and the appropriate measures, including the probable location of workers for the prevention, control, and protection against those hazards. OCCUPATIONAL SAFETY AND HEALTH INFORMATION

39. To ensure that a safety and health program is duly followed and enforced, covered workplaces shall have safety officers who shall: Oversee the overall management of the safety and health program; Frequently monitor and inspect any health or safety aspect of the operation being undertaken; Assist government inspectors in the conduct of safety and health inspection at any time whenever work is being performed or during the conduct of an accident investigation; and Issue work stoppage order when necessary SAFETY OFFICER

40. A worker may file claims for compensation benefit 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. EMPLOYEE’S COMPENSATION CLAIM

41. Wilful failure or refusal or gross negligence 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 by the Secretary’s authorized representative; It shall make such employer, contractor or subcontractor, liable for an administrative fine not exceeding Php100,000.00 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 maximum amount shall be imposed with violations with a risk of death, serious injury or serious illness. PROHIBITED ACTS

42. 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 non-compliance shall be liable for a maximum of Php100,000.00 administrative fine separate from the daily fine imposed in item (a) PROHIBITED ACTS

43. Repeated obstruction, delay or refusal to provide the Secretary of Labor and Employment or any of its representatives access to the covered workplace or refusal to allow access to relevant records and documents or obstruct the conduct of investigation of any fact necessary in determining compliance with OSH standards. PROHIBITED ACTS

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

45. For this purpose, the SecLab , 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 a 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. PROHIBITED ACTS