1. Occupational Safety and Health Standards (RA 11058; DO 252, s. 2025; See also DO 178 and 184, s. 2017)

A. Conditions of Employment (part 4 of 4)

(p) Prohibited acts and penalties for violations.

The safety and health program shall be prepared and executed by the employer, contractor or subcontractor, if any, in consultation with the workers and their representatives and shall be submitted to the DOLE which shall approve, disapprove, or modify the same according to existing laws, rules and regulations, and other issuances.

The approved safety and health program shall be communicated and be made readily available to all persons in the workplace.

Covered Employees; Exceptions

Book III of the Labor Code provides the conditions or standards of employment. These standards apply only if an employer-employee relationship (EER) exist. The exclusions below concern the hours-of-work provisions under Book III, Rule I, Sec. 2 of the Labor Code implementing rules; they are not exclusions from all Book III standards.

• Excluded Employees (Go-Ma-OffFiFa-DoPe)
• Government employees
• Managerial employees if they meet all of the following conditions:
• Their primary duty consists of the management of the establishment in which they are employed or of a department or sub-division thereof.
• They customarily and regularly direct the work of two or more employees therein.
• They have the authority to hire or fire employees of lower rank; or their suggestions and recommendations as to hiring and firing and as to the promotion or any other change of status of other employees, are given particular weight. (IRR Labor Code, Book III, Rule I, Sec. 2)
• Officer or members of a managerial staff if they perform the following duties and responsibilities:
• The primary duty consists of the performance of work directly related to management policies of their employer;
• Customarily and regularly exercise discretion and independent judgment; and(i) Regularly and directly assist a proprietor or a managerial employee whose primary duty consists of the management of the establishment in which he is employed or subdivision thereof; or (ii) execute under general supervision work along specialized or technical lines requiring special training, experience, or knowledge; or (iii) execute, under general supervision, special assignments and tasks; and
• Who do not devote more than 20 percent of their hours worked in a work week to activities which are not directly and closely related to the performance of the work described in paragraphs (1), (2) and (3) above.
• Non-agricultural Field Personnel

Non-agricultural employees who regularly perform their duties away from the principal place of business or branch office of the employer and whose actual hours of work in the field cannot be determined with reasonable certainty) (Autobus Transport v. Bautista, G.R. No. 156367, 2005)

• Members of the Family of the employer who are dependent on him for support
• Domestic Helpers

The mere fact that the househelper or domestic servant is working within the premises of the business of the employer and in relation to or in connection with its business, as in its staff houses for its guest or even for its officers and employees, warrants the conclusion that such househelper or domestic servant is and should be considered as a regular employee of the employer and not as a mere family househelper or domestic servant. (Apex Mining Company v. NLRC, G.R. No. 94951, 1991).

• Persons in the personal service of another
• Workers who are paid by Results (IRR Labor Code, Book III, Rule I, Sec. 2)

Hours of Work

Stoppage of Work/Suspension of Operations

The Secretary may order stoppage of work OR suspension of any unit or department where noncompliance with the law or implementing rules and regulations poses grave and imminent danger to the health and safety of workers in the workplace.

Within 24 hours – a hearing shall be conducted to determine whether an order for the stoppage of work or suspension of operations shall be lifted.

If violation is attributable to fault of the employer, he shall pay the employees concerned their salaries or wages during the period of such stoppage of work or suspension of operations.

Coverage

GR: 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

XPN: Public sector. (Sec. 2, R.A. No. 11058)

COVERED WORKPLACES (Sec. 3(c))

Covered workplaces refer to establishments, projects, sites and all other places where work is being undertaken wherein the number of Ee, nature of operations, and risk or hazard involved in the business, as determined by the SOLE, require compliance with the provisions of this Act. (Sec. 3(c), Ibid.)

DUTIES OF EMPLOYERS, WORKERS, AND OTHER PERSONS (Sec. 4)

Er’s Duties

Every Er, 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 or orientation 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 to which they are exposed to, preventive measures to eliminate or minimize the risks, and steps to be taken in cases of emergency;
• Use only approved devices and equipment for the workplace;
• Comply with OSH Standards 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 safety and health program to improve safety and health in the workplace; and
• Provide, where necessary, for measures to deal with emergencies and accidents including first-aid arrangements. (Sec. 4(a), Ibid.)

Worker’s Duties

Every worker shall:

• Participate in ensuring compliance with OSH standards in the workplace.
• Make proper use of all safeguards and safety devices furnished for the worker's protection and that of others and shall observe instructions to prevent accidents or imminent danger situation in workplace.
• Observe the prescribed steps to be taken in cases of emergency
• Report to the supervisor any work hazard that may be discovered in the workplace. (Sec. 4(b), Ibid.)

Any Other Person’s Duties

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 SOLE. (Sec. 4(c), Ibid.)

NOTE: Whenever two (2) or more undertakings are engaged in activities simultaneously in one (1) workplace, it shall be the duty of ALL engaged to collaborate in the application of OSH standards and regulations. (Sec. 4(d), Ibid.)

WORKERS’ RIGHT TO KNOW (Sec. 5)

The right to safety and health at work shall be guaranteed. All workers shall be appropriately informed by the Er about all types of hazards in the workplace, provided access to training and education on chemical safety, electrical safety mechanical safety, and ergonomical safety. (Sec. 5, Ibid.)

WORKERS’ RIGHT TO REFUSE UNSAFE WORK (Sec. 6)

The worker has the right of refusal to work without threat or reprisal from the Er if, as determined by the DOLE, an imminent danger situation exists in the workplace that may result in illness, injury, or death and corrective actions to eliminate the danger have not been undertaken by the Er. (Sec. 6, Ibid.)

WORKERS’ RIGHT TO PERSONAL PROTECTIVE EQUIPMENT (PPE) (Sec. 8)

Every Er, contractor or subcontructor, if any, shall provide his 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, 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.

NOTE: The cost of the PPE shall be part of the safety and health program which is a separate pay item pursuant to Sec. 20 of this Act. (Sec. 8, Ibid.)