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Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.
AT A GLANCE:
The month of September of every year is declared as the Health and Sanitation Month, as per Proclamation No. 115-A, series of 1966.
The Labor Code provides that workers have the right to just and humane conditions of work (Article 3, Labor Code).
Republic Act No. 11058 or the Occupational Safety and Health Standards Law has been enacted to protect every worker against the dangers of injury, sickness or death through safe and healthful working conditions. (Section 1, R.A. No. 11058)
Did you know that under Proclamation No, 115-A, series of 1966, the year 1967 and every year thereafter is declared as “Safety and Accident Prevention Year”?
Each month of the year is devoted to a particular field of safety and prevention, wherein September is designated as the Health and Safety Month.
The Labor Code provides that workers have the right to just and humane conditions of work (Article 3, Labor Code). Republic Act No. 11058 or the Occupational Safety and Health Standards Law has been enacted to protect every worker against the dangers of injury, sickness or death through safe and healthful working conditions.
The law says:
“The State shall ensure a safe and healthful workplace for all working people by affording them full protection against all hazards in their work environment. It shall ensure that the provisions of the Labor Code of the Philippines, all domestic laws, and internationally-recognized standards on occupational safety and health are being fully enforced and complied with by the employers, and it shall provide penalties for any violation thereof.
The State shall protect every worker against injury, sickness or death through safe an healthful working conditions thereby assuring the conservation of valuable manpower resources and the prevention of loss or damage to lives and properties consistent with national development goals, and with the State’s commitment to the total development of every worker as a complete human being.
The State, in protecting the safety and health of the workers, shall promote strict but dynamic, inclusive, and gender-sensitive measures in the formulation and implementation of policies and programs related to occupational safety and health.” (Section 1, R.A. No. 11058)
Occupational Safety and Health Standards
Occupational Safety and Health (OSH) Standards refer to the Occupational Safety and Health Standards issued by the Secretary of Labor and Employment pursuant to Articles 168 and 171, Chapter 2, Title I of Book Four of Presidential Decree No. 442, as amended, otherwise known as the Labor Code of the Philippines, and such other standards as may be issued pursuant to Republic Act No. 11058. (Section 3, par. j, R.A. No. 11058)
Covered workplaces refer to establishments, projects, sites and all other places where work is being undertaken wherein the number of employees, nature of operations, and risk or hazard involved in the business, as determined by the Secretary of Labor and Employment, require compliance with the provisions of the law.
The law says:
Covered workplaces shall have a safety and health program including the following policies, guidelines or information:
- Statement of commitment to comply with OSH requirements;
- General safety and health, including a drug-free workplace;
- Human Immunodeficiency Virus (HIV) and Acquired Immune Deficiency Syndrome (AIDS)/tuberculosis/hepatitis prevention control;
- Company or project details;
- Composition and duties of the safety and health committee;
- Occupational Safety and health personnel and facilities;
- Safety and health promotion, training and education;
- Conduct of toolbox meetings;
- Accident/incident/illness investigation, recording and reporting;
- Provision and use of PPE;
- Provision of safety signage;
- Dust control and management, and regulations on activities such as building of temporary structures, and lifting and operation of electrical, mechanical, communications systems and other equipment;
- Provision of workers’ welfare facilities;
- Emergency preparedness and response plan;
- Waste management system; and
- 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 approved disapproved 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.” (Section 12, R.A. No. 11058)
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 orders when necessary. (Section 14, R.A. No. 11058)
The Occupational Safety and Health Law (Republic Act No. 11058) also provides for the Duties of the Employer in ensuring the safety and health of employees in the workplace.
Read also: National Health Insurance Month, under Proclamation N. 1400, series of 2007
Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries regarding taxation and taxpayer’s remedies, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/0917-5772207.
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