Health and safety laws in the Philippines are primarily governed by the Republic Act No. 11058 and The Labor Code of the Philippines (Presidential Decree No. 442, as amended). These laws aim to safeguard the well-being of workers in all sectors and outline worker rights and employer obligations, including provisions related to health and safety conditions.

Responsibilities of Employers

Employers are required to provide a safe workplace free from recognized hazards that cause or are likely to cause death or serious physical harm. This includes safe work areas, equipment, and processes, proper handling and storage of hazardous substances, installation of appropriate safety devices, and provisions for sanitation and adequate facilities.

Employers must also develop and implement an Occupational Safety and Health (OSH) Program, provide information, instruction, and training to employees, establish a Safety and Health Committee, and report accidents and dangerous occurrences to the Department of Labor and Employment (DOLE).

Rights of Workers

Workers have the right to be informed about potential hazards, safety rules, and appropriate protective measures. They can refuse to perform work if a clear and imminent danger to life or health exists. Workers also have the right to participate in the OSH program, including through the Safety and Health Committee, and to notify authorities about any work-related safety hazards or injuries.

Specific Health and Safety Requirements

The Occupational Safety and Health Standards provide specific standards on workplace conditions such as ventilation, lighting, noise, sanitation and facilities, and fire safety & emergency preparedness. They also provide guidelines on handling hazardous substances, including labeling and safety data sheets, control measures, and worker training. Employers are responsible for providing appropriate Personal Protective Equipment (PPE) and training workers on PPE use.

Enforcement and Penalties

The Department of Labor and Employment (DOLE) is the primary agency for enforcing OSH laws. They can conduct inspections, issue compliance orders, and impose penalties. Penalties for violations can include fines, imprisonment, or closure of the establishment, depending on the severity of the non-compliance.

Occupational health and safety (OSH) is a crucial aspect of any workplace. It involves the implementation of safety measures and procedures to ensure the well-being of employees. In the Philippines, the core framework for workplace safety and health is provided by the Occupational Safety and Health Standards (as amended, 1989). The Republic Act No. 11058 (2018) further strengthens compliance with these standards and outlines penalties for violations.

Government Agencies

The Department of Labor and Employment (DOLE) is the main government agency responsible for OSH policy development, enforcement, and promotion. The Occupational Safety and Health Center (OSHC), a technical arm of DOLE, provides research, training, and technical services for OSH.

Employer Responsibilities

Employers have several responsibilities when it comes to OSH. These include developing and implementing an OSH program that is compliant with DOLE standards, providing Personal Protective Equipment (PPE) suitable for the workplace hazards, and giving workers OSH training. This training should include hazard identification and control, emergency procedures, and proper PPE use. Employers are also responsible for keeping accurate records of all work-related accidents and illnesses, reporting serious incidents to DOLE, and establishing a Safety and Health Committee in workplaces with at least 25 employees.

Worker Rights and Responsibilities

Workers have the right to a safe and healthy workplace and may refuse to perform work if a serious and imminent danger exists. They also have the right to be involved in OSH programs, including through Safety and Health Committees. However, workers must also adhere to safety regulations and properly use safety equipment.

Common OSH Hazards and Controls

Physical Hazards

Physical hazards include noise, heat stress, slips, trips, and falls, and machine guarding. Controls for these hazards include implementing hearing protection programs, providing shade and adequate hydration, maintaining clean walkways, and ensuring machines have adequate guards.

Chemical Hazards

Chemical hazards involve exposure to hazardous substances and improper labelling and storage of chemicals. Control measures include ventilation, substitution with less harmful chemicals, accurate chemical labelling, and storage in designated areas.

Biological Hazards

Biological hazards involve exposure to infectious agents. Vaccination programs, infection control procedures, and PPE use are critical in controlling these hazards.

Ergonomic Hazards

Ergonomic hazards include repetitive motion injuries. Controls include job rotation, ergonomic design of workstations, and work breaks.

Areas for Improvement

There are several areas for improvement in OSH. These include extending OSH protection to the informal sector, increasing OSH professionals and resources for greater enforcement capability, and enhancing educational campaigns and programs for both employers and workers on OSH rights and responsibilities.

Workplace inspections play a crucial role in verifying compliance with industry standards and identifying potential hazards for mitigation. They are a primary tool used by regulatory bodies to ensure adherence to safety and health standards.

Types of Inspections

There are several types of inspections, including routine inspections, which are regularly scheduled visits to workplaces based on industry, risk level, or regulatory priorities. Complaint-based inspections are triggered by a worker's complaint or a workplace incident report. Technical inspections focus on specific hazards such as electrical installations or machinery, while follow-up inspections are conducted to verify if previous violations have been corrected.

Inspection Criteria

Workplace inspections typically assess compliance in areas such as general workplace conditions, work processes and procedures, machinery and equipment, chemical safety, emergency preparedness, and safety and health programs and documentation.

Inspection Frequency

The frequency of workplace inspections may vary depending on factors such as the size and nature of the workplace and its compliance history. Larger workplaces and high-risk industries may be inspected more frequently, and workplaces with a history of violations could undergo more inspections.

Inspection Procedures

The inspection process typically begins with an opening conference where the inspector meets with employer representatives, presents credentials, and discusses the inspection scope. This is followed by a workplace walk-through where the inspector observes work areas, equipment, processes, and interviews workers. The inspector then reviews safety and health records, policies, permits, and training logs. The inspection concludes with a closing conference where the inspector reviews findings with employers and discusses required actions. If necessary, a compliance order outlining violations and deadlines for rectification is issued.

Follow-up Actions

Employers are expected to correct identified violations within the specified timeframes. Regulatory bodies may conduct follow-up inspections to verify the corrections. Non-compliance can lead to fines or, in severe cases, workplace closure.

Workplace accidents are a serious matter that require immediate attention and proper handling. Employers are legally required to report work-related accidents or illnesses to the nearest DOLE Regional/Field Office within 24 hours of a serious or disabling incident. They must also report to the Social Security System (SSS) for potential benefits claims. The Labor Code of the Philippines and SSS regulations provide specific timeframes for reporting accidents, depending on their severity.

Accident Reporting

Employers are also required to maintain accurate records of all workplace accidents and illnesses, regardless of their severity. This is a crucial part of the process, as it ensures that all incidents are properly documented and can be referred to in the future if necessary.

Accident Investigation

The purpose of accident investigations is to determine the root causes, prevent recurrence, and identify potentially liable parties. The safety and health committee, or OSH personnel if available, should typically conduct the investigation. The investigative procedures include securing the scene, gathering evidence such as photographs and witness statements, analyzing the accident sequence, determining root causes such as unsafe workplace conditions or inadequate training, and recommending corrective actions.

Compensation Claims

The Employees' Compensation Program (ECP), administered by the SSS, provides benefits to workers who suffer work-related injuries, illnesses, or death. The types of benefits include medical benefits, temporary or permanent disability benefits, rehabilitation services, and death/survivor benefits. Workers or their dependents must file claims with SSS along with supporting documentation, such as accident reports and medical records.

Additional Notes

Employees cannot refuse reasonable medical treatment offered by the employer, as it could affect their entitlement to compensation benefits, as per the Labor Code of the Philippines. Apart from compensation under the ECP, employers may be held liable in civil or criminal cases if negligence is proven.