Aside from duties of employers, read more about OSH: RIGHTS OF WORKERS UNDER REPUBLIC ACT NO. 11058
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Workers shall enjoy a place of employment free from hazardous conditions
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Employers shall give complete job safety instructions or orientation to all workers
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Employers are mandated to comply with Occupational Safety and Health Standards
Mandatory laws relating to labor such as Republic Act No. 11058 or otherwise known as Occupational Safety and Health Standards LAW (OSH Law) do not exist for no reason.
OSH Law was enacted to ensure a safe and healthful workplace for all working people by affording them full protections against all hazards in their work environment.
In a previous article, the rights of workers under OSH Law was discussed. This time, let us talk about duties of employers.
What are the duties of employers under OSH Law?
The law says:
The following are duties of employers:
- 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 hazardous associated with their work-related 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.
To whom should the Personal Protective Equipment (PPE) furnished by the employer to his or her employee be charged? Is it chargeable to the employee?
The law says:
Every employer, whenever necessary, shall provide his workers free of charge, protective equipment for their eyes, face, hands and feet. Examples of protective equipment are safety belt or harness, gas or dust respirators or masks, protective shields. Thus, the PPE furnished by the employer to the employee is not chargeable to the employee.
Please do note that 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.
Also, bear in mind that the duties of employers under OSH Law is also applicable to contractors or subcontractors and to any person who manages, controls or supervises the work being undertaken.
What is the effect of non-compliance with OSH Law? A related article will be posted in a few days.
Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/0917-5772207.
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