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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 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. (Section 1, Republic Act No. 11058)
The Occupational Safety and Health Standards Law, officially known as Republic Act No. 11058, plays a pivotal role in safeguarding the welfare of workers in the Philippines. It is enacted to promote a safe and healthy working environment, this legislation places significant responsibilities on employers to ensure the well-being of their employees. These duties are essential for the protection of workers from occupational hazards and accidents, as well as for fostering a culture of workplace safety and health.
Under Republic Act No. 11058, employers are entrusted with a range of crucial responsibilities that aim to create a workplace environment that is free from hazards and conducive to the physical and mental well-being of their employees.
By understanding the duties of employers outlined in Republic Act No. 11058, employers can play an active role in fostering a safer and healthier work environment, ultimately contributing to the overall well-being and productivity of their employees.
Duties of Employers (Section 4[a], Republic Act No. 11058)
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 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 or 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 Occupational Safety and Health 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.
- Provide, where necessary, for measures to deal with emergencies and accidents including first-aid arrangements.
Safety signage and devices in the workplace
All establishments, projects, sites and all other places where work is being undertaken shall have safety signage and devices to ward 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. (Section 9, Republic Act No. 11058)
Safety in the use of equipment
In relation to the use of equipment, the employer, contractor or subcontractor, if any, must comply with the requirements of the Department of Labor and Employment (DOLE) 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. (Section 10, Republic Act No. 11058)
Workers information regarding occupational safety and health
Workers in 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 hazards, and the appropriate measures, including the probable location of workers, for the prevention, control and protection against those hazards. (Section 11, Republic Act No. 11058)
Occupational safety and health reports
All employers, contractors or subcontractors, if any, shall submit all safety and health reports, and notifications prescribed by the DOLE. (Section 17, Republic Act No. 11058)
Employers’ joint and solidary liability
The employer, project owner, general contractor, contractor or subcontractor, if any, and any person who manages, controls or supervises the work being undertaken shall be jointly and solidarily liable for compliance under the Occupational Safety and Health Standards Law. (Section 21, Republic Act No. 11058)
Incentives to employers
There shall be an established package of incentives under such rules and regulations as may be promulgated by the DOLE to qualified employers to recognize their efforts toward ensuring compliance with the occupational safety and health standards and general labor standards such as training packages, additional protective equipment, technical guidance, recognition awards, and other similar incentives. (Section 27, Republic Act No. 11058)
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