Aside from non-compliance consequences See also: DUTIES OF EMPLOYERS UNDER REPUBLIC ACT NO. 11058 OR OTHERWISE KNOWN AS OCCUPATIONAL SAFETY AND HEALTH STANDARDS LAW
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Employers have the duty to furnish the workers a place of employment free from hazardous conditions
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Workers have the right to refuse unsafe work
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An employer who fails or refuses to comply with Occupational Safety and Health Standards may be liable for an administrative fine of Php100,000.00 per day until the violation is corrected
Mandatory laws should be complied with. Otherwise, one may be held liable for a fine and/or imprisonment.
In our previous articles, the rights of workers as well as the duties of employers under Republic Act No. 11058 or otherwise known as Occupational Safety and Health Standards Law (OSH Law), were discussed. In a nutshell, employers have the duty to furnish workers a place of employment free from hazardous conditions and that the workers have the right to refuse unsafe work.
In case an employer failed or refused to comply with his or her duties under OSH Law, what is the effect?
The law says:
Willful failure or refusal of an employer to comply with the required OSH standards or with a compliance order shall make said employer liable for an administrative fine not exceeding One Hundred Thousand Pesos (Php100,000.00) per day until the violation is corrected, counted from the date the employer is notified of the violation or the date the compliance order is duly served on the employer. However, the amount of fine to be imposed depends on the frequency or gravity of the violation committed or damage caused. Take note that the maximum amount shall be imposed only when the violation exposed a worker to a risk of death, serious injury or serious illness.
Suppose an employer who willfully failed or refused to comply with OSH standards or with a duly issued compliance order, engaged in any of the following acts to aid, conceal or facilitate such non-compliance, said employer shall be liable for a maximum of One Hundred Thousand Pesos (Php100,000.00) separate from the daily fine as mentioned above:
- Repeated obstruction, delay or refusal to provide the Secretary of Labor and Employment or any of its authorized representatives access or refusal to provide or allow access to relevant records and documents or obstructs the conduct of investigation of any fact necessary in determining compliance with OSH standards;
- Misrepresentation in relation to adherence to OSH standards, knowing such statement, report or record submitted to the Department of Labor and Employment (DOLE) to be false in any material aspect;
- Making retaliatory measures such as termination of employment, refusal to pay, reducing wages and benefits or in any manner discriminates against any workers who has given information relative to the inspection being conducted.
May an employer who willfully failed or refused to comply with the required OSH standards be criminally liable?
The law says.
Yes.
In addition to the administrative fine, the employer may also be criminally or civilly liable depending on the offenses the employer has committed.
Always bear in mind that the effect of non-compliance with OSH Law is also applicable to contractors or subcontractors, and any person who manages, controls or supervises the work being undertaken.
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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