Rules

• By virtue of the powers vested in the Department of Labor 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"
• 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.
• Employee


  Any person hired, permitted or suffered to work by an employer.
• Industrial Enterprise


  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.
• Agricultural Enterprise


  Includes 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.
• Dry Dock


  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.
• Health


  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.
• Safe or Safety


  The physical or environmental conditions of work or employment, which substantially comply with the provisions of this Standards.
• Work Accident


  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.
• Work Injury


  Any injury or occupational illness suffered by a person, which arises out of or in the course of his employment.
• Occupational Illness


  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.
• Recognized Hazards


  Those which do not require technical or testing devices to detect.
• Workplace


  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.
• Approved


  Acceptable to the Secretary in writing after proper examination showing compliance with prescribed Standards.
• Code


  The Labor Code P.D. 442 as amended.
• Department


  The Department of Labor and Employment.
• Secretary


  The Secretary of Labor and Employment.
• Bureau


  The Bureau of Working Conditions.
• Director


  The Director of the Bureau of Working Conditions.
• Standards


  The Occupational Safety and Health Standards.
• Enforcement officer


  The industrial safety engineer, the labor regulation officer, or any duly authorized representatives of the Secretary to enforce this Standards.
• Authorized Representative


  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.
• All rules shall be published in a newspaper of general circulation and shall take effect fifteen (15) days from the date of publication
• The rules shall become part of this Standards
• 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
• Imminent danger


  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
• Abatement of Imminent Danger

  1. Enforcement officer informs affected employer and workers of the danger

  2. Enforcement officer recommends to the Regional Director the issuance of an Order for stoppage of operation or other appropriate action for the abatement of the danger

  3. Regional Director determines if the danger exists and issues a Stoppage Order or other appropriate action

  4. Regional Director furnishes the Secretary with a copy of the Order and pertinent papers

  5. Secretary reviews the Order and issues a final Order either lifting or sustaining the Order of the Regional Director

  6. The Order remains in effect until danger is removed or corrected
• Suspension of Rules


  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: unavailability of personnel/materials, necessary construction/alteration, or employer is participating in approved experiments/studies
• Suspension of Rules


  1. Employer-applicant establishes the reason for suspension, that they are taking necessary steps to safeguard workers, that they have an effective program for coming into compliance, and that they have informed workers

  2. Application is submitted to the Regional Director who evaluates and recommends action to the Secretary

  3. The suspension order prescribes the practices, means, methods, operations, or processes the employer must use

  4. The suspension order is not in effect longer than the period needed by the employer to come into compliance or one year, renewable for another year
• Variation Order


  The Secretary may issue an order allowing a variation in complying with the requirements of any rule or provision, if there is practical difficulty or unnecessary hardship, provided the purpose is substantially served and worker safety/health remains ensured
• Hazardous workplaces


  • Where the nature of work exposes workers to dangerous environmental elements, contaminants or work conditions
  • Where workers are engaged in construction, logging, fire fighting, mining, quarrying, blasting, stevedoring, dock work, deep-sea fishing and mechanized farming
  • Where workers are engaged in the manufacture or handling of explosives and other pyrotechnic products
  • Where workers use or are exposed to power driven or explosive powder actuated tools
  • Where workers are exposed to biologic agents such as bacteria, fungi, viruses, protozoas, nematodes, and other parasites
• Every employer shall register their business with the Regional Labor Office to form part of a databank of all covered establishments
• Registrable Unit


  The establishment regardless of size of economic activity, whether small, medium or large scale in one single location, shall be one registrable unit
• Period of Registration


  1. Existing establishments shall be registered within 60 days after the effectivity of this Standards

  2. New establishments shall register within 30 days before operation
• Registration


  1. Registration shall be made in form DOLE-BWC-IP-3 in three copies and submitted to the Regional Labor Office

  2. Registration shall be free of charge and valid for the lifetime of the establishment except when there is a change in business name, location, ownership, or re-opening after previous closing

  3. Registration shall include a layout plan of the workplace
• The Bureau shall conduct continuing programs to increase the supply and competence of personnel qualified to carry out the provisions of this Standards
• Accreditation


  1. The Secretary may issue accreditation or authority to recognized organizations or groups to conduct occupational safety and health training

  2. A Bureau-prescribed course of study shall be used or followed by accredited organizations

  3. Provisions for adequate training facilities and competent training staff

  4. The Bureau shall regularly audit accredited organizations to determine compliance and may cancel accreditation if provisions are not complied with
• Training and Personnel Complement

  1. The training course prescribed by the Bureau shall be a requisite for the appointment of the safetyman

  2. At least the specified number of supervisors or technical personnel shall take the required training and be appointed as part-time or full-time safety man depending on the number of workers and whether the workplace is hazardous or non-hazardous

  3. The duties of the safety man are specified under Rule 1040

  4. The employment of a full-time safety man may not be required if the employer enters into a written contract with a qualified consultant or consulting organization
• Staffing requirements for safety

  • One (1) part-time safety man for every 1000 workers
  • One (1) full-time safety man