an act institutionalizing occupational health and safety of … and... · 2017-03-06 · presented...

Presented by: Concepcion T. Sto Tomas Engineer IV – OIC, Safety Control Division

An Act Institutionalizing Occupational Health

and Safety of Workers in the Construction

Industry

Senate Bill No. 1368 : Senator Jingoy Estrada

House Bill No. 4594 : Cong. Karlo Alexei Nograles

Department of Labor and Employment

OCCUPATIONAL SAFETY AND HEALTH CENTER



Section 1. Title – this Act shall be known as

“Occupational Safety and Health in the

Construction Industry Act”

Section 2: Declaration of Policy

Protection and welfare of workers in the construction

industry and the general public within the vicinity of

construction site

Section 3: Definition of Terms

23 Terms were defined

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Definition of Terms

Certified first-aider, Competency Standards, Construction

Safety and Health Committee, Construction Safety

Officer, Construction Safety and Health Program,

Construction Safety Signages, Constructor, Construction

Equipment, General Constructor, General Safety and

Health Inspection, Imminent Danger, Occupational Health

Personnel, Occupational Safety and Health Standards

(OSHS), Owner’s Representative, Project Manager, Safety

and Health Audit, Safety Personnel, Tool Box Meeting or

Gang Meeting







Section 4: Delegation of Authority and Accreditation

Section 5: Coverage

General Building Construction, General Engineering

Construction, Specialty Trade – PCAB Classification

Demolition works

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Section 6: Construction Safety and Health Program

Every construction project shall have a suitable Construction

Safety and Health Program, which must be in accordance

with this Act. The owner/developer and the general

constructor shall be co-responsible for overall compliance

with this Section.

Section 6.1The Construction Safety and Health Program shall

state the ffg.

Statement of Commitment to Comply with OSH Requirements;

General Safety and Health Policy;

Project Details;

Composition and Duties of Construction Safety and Health Committee;

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Section 6.1The CSHP shall state the ffg… continued

Occupational Health Personnel and Facilities;

Safety and Health Promotion, Training and Education;

Toolbox Meeting;

Accident/incident/Illness Investigation, Recording and Reporting;

Personal Protective Equipment;

Provision on Safety Signages;

Control Measures on Construction Activities such as but not limited to temporary

structures, lifting and construction equipment operations;

Workers Welfare Facilities;

Emergency Preparedness and Response Plan;

Construction Waste Management System; and

Penalties and Sanctions

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Section 7: Construction Safety and Health Committee

To ensure that these rules and the Construction Safety and Health

Program are observed and enforced at the project site,

each site shall, at the start of the construction, have a

construction safety and health committee, the composition of

which shall be posted at the entrance of the construction site.

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Section 8: Personal Protective Equipment

Section 9: Construction Safety (and Health) Officer

- Issue work stoppage order when necessary

Section 10: Occupational Health Personnel and

Facilities

Section 11: Construction Safety Signages and Devices

Section 12: Safety on Construction Equipment

Section 13: Safety and Health Information

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Section 14: Construction Safety and Health Trainings

Mandatory 40 hour training

OH personnel training

Mandatory 1-day (8 hrs) safety and health

orientation/seminar for all site personnel

Specialized trainings (scaffoldings, heavy equipment,

confined spaces, hazardous chemicals, etc)

9







Section 15: Construction Safety and Health Reports

All constructors shall be required to submit all reports

and notifications as prescribed by the DOLE.

All hospitals/clinics shall be required to submit all

reports in construction related injuries to DOLE

Section 16: Construction Workers Competency

Certification

TESDA shall establish national competency standards and

prepare guidelines on competency assessment and

certification for critical construction occupations

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Section 17: Worker’s Welfare Facilities

Section 18: Cost of Construction Safety and Health

Program

Cost of approved CSHP shall be a mandatory and integral part

of the project’s construction cost as a separate pay item,

duly quantified and reflected in the Project’s Tender

Documents and Project’s Construction Contract Documents.

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Section 19. Implementing Rules and Regulations

- The DOLE shall promulgate the necessary rules and

regulations necessary for the effective implementation of this

Act, within (60) days from its effectivity.

Section 20. Visitorial Power of the Secretary

Article 128 of the Labor Code

- As such, they can enter workplaces at any time of day or night where

construction is actually performed, to examine records and investigate

fact, condition or matter necessary to determine if there is violation or

conformity with the provisions of this Act.

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Section 21. Penalty Clause

Refusal of entry – Php 100,000.00 per day until the

obstruction, impediment or refusal has ceased, without

prejudice to the filing of criminal and civil actions.

Other violation or non-compliance of this Act:

1st Offence – Php 100,000.00

2nd Offence - Php 300,000.00

3rd Offence - Php 500,000.00 or cancellation of PCAB license

Imprisonment of 4 years to 6 years

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Section 22. Separability Clause

If any part, section or provision of this Act is held invalid or

unconstitutional, other provisions not affected thereby shall

remain in force and effect.

Section 23. Repealing Clause

All other laws, decrees, orders, issuances, rules and regulations

that are inconsistent with the provisions of this Act are

hereby repealed, amended or modified accordingly.

Section 24. Effectivity

15 days after its publication in the Official Gazette or in two (2)

newspapers of general circulation,

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Status of the Bill

Senate Bill No. 1368 : Senator Jingoy Estrada

House Bill No. 4594 : Cong. Karlo Alexei Nograles


Department of Labor and Employment Website: www.oshc.dole.gov.ph

Email: [email protected]

Tel No. +(632) 924-2411 , +(632) 928-6755

http://www.oshc.dole.gov.ph/

mailto:[email protected]