occupational safety and health std

OCCUPATIONAL SAFETY & HEALTH STANDARDS KIRK PATRICK A. CORRALES

TECHNICAL SUPERVISION & SUPPORT DIVISION

DEPARTMENT OF LABOR & EMPLOYMENT R.O. X

It has to do with the accident and its prevention. It also means freedom from harm or danger caused by accident.

An unintended and unforeseen event

caused by unsafe condition & unsafe act

in any given situation, usually resulting to

personal injury or property damage.

a condition of equipment, machinery or surroundings or working environment w/c is prone to harm & danger.

an unsafe action of persons that are

caused by ignorance/neglect (deviation

of safety principles).

Causes of Accidents

Unsafe

Conditions

(10%)

Unsafe

Acts/Behavior

(88%)

Why do accidents occur?

Causes of Accidents

Unsafe condition – is a hazardous physical condition or circumstance which could directly permit the occurrence of an accident.

Ex. - inadequate signs and warning system

- defective tools/unguarded machine

- layout that creates obstruction

-excessive noise

- slippery floor

- poor illumination/ventilation

- extreme temperature

TO THE EMPLOYEE:

1) Disability

2) Loss of earning capacity

3) Psychological effects (Mental & Physical)

4) Change in social life

TO THE EMPLOYER:

1) Decreased of productivity or down time

2) Damage to property

3) Lost of company image

The more accidents take place in a facility, the higher the company’s expenses (insurance premiums, medical treatment, compensation).

“The higher a company expenses, the lower the profit on each product unit sold.”

Accident prevention & efficient production

go together. Production is higher & quality is

better when accident is prevented.

PROVIDES US ECONOMIC STABILITY

> conserves our resources

> increase productivity & profitability

> improve quality

A SOCIAL OBLIGATIONS OF EVERYONE

A LEGAL RESPONSIBILITY OF THE

EMPLOYER

Direct Costs

• Medical Costs

• Compensation/Indemnity

Indirect Costs

• Lost Time

By: Injured

fellow Worker

Supervisor

• Spoiled Product

• Unhappy customers

• Cleanup Time

• Schedule Delays

• Training New

Employees

• Overhead Costs

• Legal Fees

• Increase in

Insurance Cost

On the average,

indirect costs exceed

direct costs by a 4:1

ratio.

This “iceberg” demonstrates the relationship between direct and

indirect costs or accidents.

COST of ACCIDENTS

(BUREAU OF WORKING CONDITIONS)

Progress of OSH Legislations in the Philippines

1903- development of OSH in the Philippines

1908- Employer’s Liability Act was instituted

requiring employers to compensate workers

who were injured while performing their job

1908 – Bureau of Labor was created.

1927 - Workmen’s Compensation Act No. 3428

was passed providing payment of damages

by the employer for illnesses, in addition to

injury or death due to employment

1933 - Bureau of Labor was named Department of

Labor on Dec. 8, 1933.

1936- Commonwealth Act No. 104 was passed. First legislation directly enjoining management to ensure the promotion of OSH in the workplace. Known as the First Industrial Safety Law

1945- Commonwealth Act No. 696 was approved to include safety in the installation and operation of boilers and pressure vessels.

1948- Philippines became a member of ILO

1957 – Bureau of Labor Standards was created.

1959- SOPI was organized

1974- PD 442 (LCP) was passed

1975- BLS started the program on accreditation of

STOs to conduct OSH training.

1977- Tripartite body was created to study the

proposed OSHS

1978- OSHS was approved. Nat’l Tripartite

Committee was created to continue study the

improvement of the OSHS

1982 – BLS renamed as BWC

1984- Tripartite consultation was held to amend

OSHS Rule 1410 (Construction Safety).

1988- OSHC was created pursuant to EO 307. First in

Southeast Asia

1989- First major revision of OSHS

1996- Tripartite consultation workshop held to

discuss the amendments of Rule 1030

1998- DO 13 was issued. Tripartite Council on

OSH in Construction Industry was created.

1999 -ASPPI was organized.1st Gen. Assembly &

Convention of DOLE Accredited Safety

Professionals was held

Article XIII Section 3 of Phil.

Constitution

The state shall afford full

protection to labor, .... .

They shall be entitled to

security of tenure, humane

conditions of work, and a living

wage.

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OSH LEGISLATIONS

INTRODUCTION TO OSHS

Phil. Const.

Law : P.D. 442, Book IV, Titles I

and II

Title : Labor Code of the Phils.

Year Passed : 1974

Implementing Agency: DOLE

Content: Revised and consolidated labor and social laws to afford full protection to labor, promote employment and human resources development and ensure industrial peace based on social justice.

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OSH LEGISLATIONS


Phil. Const.

Labor Code.

Article 162 – The Secretary of labor shall by

appropriate order set and enforce mandatory

OSH Standards to eliminate or reduce OSH

hazards in all workplaces and institute new and

update existing programs to ensure safe and

healthful working conditions in all place of

employment

Article 165 - DOLE shall be solely responsible

for the administration, enforcement of laws,

policies and programs on OSH.

Chartered cities may be allowed to conduct

industrial safety inspection of establishments

within their respective jurisdictions.

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OSH LEGISLATIONS


Phil. Const.

Labor Code.

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OSH LEGISLATIONS


Phil. Const.

Labor Code.

OSHS.

Law : Rules and Regulations

Implementing Art. 162, Book IV, Title I, P.D. 442

Title : Occupational Safety and Health Standards (OSHS)

Year Passed : 1978

Relevant Provision/s : Rule 1000 to Rule 1980

Implementing Agency: DOLE

Department of Labor

and Employment

OSH STANDARDS


WHO ARE THE ORGANIZATIONS

INVOLVED IN OSH?


ADMINISTATIVE ORGANIZATION FOR OSH

DOLE

ECC

• Employees Compensation Commission

• The ECC is responsible for initiating, rationalizing and coordinating the policies on employees compensation programs as well as deciding appealed cases from the GSIS and SSS, the agencies which initially administer the employee’s compensation program in the public and private sector.

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ADMINISTRATIVE ORGANIZATION FOR OSH

DOLE

OSHC

ECC

Occupational Safety and Health Center

• Undertakes continuing studies and researches on OSH

• Plans, develops and implements training programs on OSH Undertakes practical testing for safe use and sets standard specifications of PPEs

• Monitor workers’ exposure to hazardous substance and environmental conditions.

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DOLE

OSHC

ECC

BWC

• Bureau of Working Conditions

– The BWC performs primarily policy and program development and advisory functions in the administration and enforcement of laws relating to working conditions.

– It oversee the implementation of standards through technical supervision of enforcement by the DOLE’s 15 Regional Offices all over the country

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DOLE

OSHC

ECC

BWC

RO1 RO2 RO6 RO7 RO15 RO4 RO5 RO3

• Implements laws,

policies, plans,

programs, projects,

rules and regulations of

the DOLE.

Legal Basis of the Occupational Safety and Health and Standards

Book IV, Title I –

Medical, Dental and

Occupational Safety

Occupational Safety

and Health Standards,

(OSHS)1978

A set of mandatory OSH

standards which codifies all safety

orders being enforced prior to its

promulgation.

It contains administrative

requirements, general safety and

health rules, technical safety

regulations, and other measures

to eliminate or reduce OSH

hazards in the workplace.

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OSH STANDARDS


Legal Basis of the Occupational Safety and Health Standards

Article 162, Chapter II:

Safety and Health Standards:

The Secretary of Labor shall, by

appropriate orders, set and enforce mandatory Occupational Safety and Health Standards to eliminate or reduce occupational safety and health hazards in all workplaces and institute new, and update existing programs to ensure safe and healthful working conditions in all places of employment.

OSH Standards:

PURPOSE

– to protect every working man against the dangers

of injury, sickness or death through safe and

healthful working conditions.

LEGAL BASIS

• SCOPE

– shall apply to all places of employment except land,

sea and air transportation and safety in Mines.


Occupational Safety & Health Standards

Some Rules of the OSHS

1000 General Provisions

1010 Other Safety Rules

1020 Registration

1030 Training & Accreditation

1040 Health & Safety Committee

1050 Notification & Keeping of

Occupational Illnesses & Injuries

1060 Premises of Establishments

1070 Environmental Control

1080 Personal Protective Equipment

Occupational Safety & Health Standards

Some OSHS Rules

1090 Hazardous Materials

1100 Gas & Electric Welding & Cutting Operations

1120 Hazardous Work Processes

1140 Explosives

1150 Materials Handling & Storage

1160 Boiler

1170 Unfired Pressure Vessels

1180 Internal Combustion Engine*

1200 Machine Guarding

1210 Electrical Safety

1220 Elevators & Related Equipment

1230 Identification of Piping System

1240 Power Piping Lines

1410 Construction Safety

1420 Logging

1940 Fire Protection & Control

1950 Pesticides & Fertilizers

1970 Fees

1980 Authority of LG

1990 Final Provisions

1960 OH Services

HOW DOLE ENFORCE OSH LAWS ?


• The OSH laws are enforced and monitored by

the ROs through its LSED manned by labor

inspectors vested with visitorial and

enforcement power under Article 128.

• Labor inspectors also disseminate information,

advocate and give technical assistance on

OSH

Technical Safety Inspection

- refers to inspection for the purpose of safety determination

of boilers, pressure vessels, internal combustion engines,

electrical installation, elevators, hoisting equipment and other

mechanical equipment.

General Health and Safety Inspection

-refers to inspection of the work environment, including the

location and operation of machinery other than those

covered by technical safety inspection, adequacy of work

space, ventilation, lighting, conditions of work environment,

handling, storage or work procedures, protection facilities

and other safety and health hazards in the workplace.

General Provisions (Rule 1000)

• Rule 1005: DUTIES OF EMPLOYER

• Furnish his workers a place of employment free from

hazardous conditions.

• Give complete job safety instruction to all his workers.

• Comply with the requirements of the Standards.

• Use only approved devices and equipment in his

workplace.

OSH STANDARDS


• DUTIES OF WORKERS

• Cooperate with the employer in carrying out the provisions of

the Standards.

• Report any work hazard in the workplace.

• Make proper use of all safeguards and safety devices

furnished in accordance with the provisions of OSHS for

his protection and the protection of others.

• Follow all instructions by the employer in compliance with

the OSHS provisions

OSH STANDARDS


• DUTIES OF OTHER PERSONS

• Any person including builders or contractors, who visits,

builds, innovates or installs devices in establishments or

workplaces shall comply with the provision of OSHS rules

and all regulations issued by the employer in compliance

with the Standards and other issuances of the Secretary.

OSH STANDARDS

• Every employer shall register his/her business with

the Regional Labor Office or authorized

representative to provide the DOLE with

information as guide in its enforcement activities.

• free of charge

• valid for the lifetime of the establishment except

when there is change in name, location,

ownership; opening after previous closing.

Rule 1020 - Registration

OSH STANDARDS

• The BWC either directly or through accredited

organizations, shall conduct continuing training

programs to increase the supply and competence of

personnel qualified to carry out the provision of this

Standards.

• Employer to appoint a safety officer on a full-time or

part-time basis depending on the type of workplace

(whether hazardous or non-hazardous) and number

of worker in the workplace.

* Based on Department Order No. 16, series of 2001

Rule 1030 - Training and Accreditation of Personnel in OSH

OSH STANDARDS

• Highly Hazardous Establishments – is one where potential

hazard within the company may affect the safety and/or

health of workers not only within but also persons outside

the premises of the workplace.

• Petrochemical works and refineries;

• Chemical works and chemical production plants;

• LPG storage and materials;

• Storages and distribution center for toxic/hazardous chemicals;

• Large fertilizer stores;

• Explosives factories;

• Works in which chlorine is used in bulk.

* Based on Department Order No. 16, series of 2001


OSH STANDARDS

• Duties of Safety Officer

• Advice the employer, supervisors and workers on OSH

• Investigate accident

• Coordinate safety training program

• Conduct safety and health inspection

• Maintain accident records system

• Provide assistance to government agencies in the conduct of health and safety inspection, accident investigation or any other related programs


OSH STANDARDS

• A full-time safety officer must be duly accredited by the BWC.

ACCREDITATION PROGRAM OF DOLE

Note: The employment of a full-time safety officer may

not be required if the employer enters into a written

contract with a qualified consultant or consulting

organization whose duties and responsibilities shall be

the duties of a safety practitioner as stated in these Rule.

The employment of a consultant, however, will not

excuse the employer from the required training of his

supervisors or technical personnel.


OSH STANDARDS

Requirements for Accreditation

1. Has completed the prescribed Basic OSH training

from DOLE accredited or recognized organizations.

(For Nurses - At least 50 hours of Basic

Training in Occupational Nursing)

(For Physician - Basic Training in

Occupational Medicine)

(For Safety Officer - 40 hour BOSH)

OSH PRACTITIONER

2. Has relevant experience in OSH

• Three (3) years experience if applicant is duly licensed by PRC.

• Four (4) years experience if applicant is a graduate of any 4 or 5 year college course without PRC license.

• Ten (10) years experience if applicant is a college undergraduate.

OSH PRACTITIONER

Requirements for Accreditation

is a group of employees and

management that plans and

develops polices in all matters

pertaining to safety and health in

the workplace.

RULE 1040 - Health and Safety Committee

OSH STANDARDS

• Duties:

• Plans and develops accident prevention program.

• Directs the accident prevention efforts.

• Provides necessary assistance to government

inspecting authorities.

• Initiates and supervises safety trainings for

employees.

• Develops and maintains a disaster contingency

plan.


OSH STANDARDS

• RULE 1040 - Health and Safety Committee

– Composition/Involved Persons

– CHAIRPERSON : Manager or his

authorized representative

– MEMBERS:

• Department heads, supervisors, foreman

• Workers/s (if unionized, must be union

members)

• Company Physician, Nurse/First Aider

• SECRETARY - Safety man/Safety Officer

• Duties of employer:

• Establishes and adopts in writing administrative

policies on safety and health.

• Report to the enforcing authority the policies

adopted and required report requirements.

• Act on recommended measures of health and

safety committee and in case of non-adoption,

to inform the committee of the reason.


OSH STANDARDS

OSH RULE REPORT/FORM

WHERE TO FILE WHEN TO

FILE

Rule 1040

Health and

Safety

Committee

Report of Safety

Organization –

(DOLE/BWC/IP-5)

Minutes of the

Meeting – No form

needed

2 copies,

to be submitted to

concerned RO; copy

furnished the Bureau

- Within one

(1) month

after the

organization

- At least on

quarterly

basis


OSH STANDARDS

• 1053.01: Notification - All work accidents or

occupational illnesses, resulting in disabling

conditions or dangerous occurrences shall be

reported by the employer to the Regional Labor

Office.

• If Major work accidents results in death or

permanent total disability, employer shall initially

notify the Regional Labor Office within 24 hours.

• 1054: Keeping of Records - The employer shall

maintain and keep an accident or illness record

which shall be open at all times for inspection to

authorized personnel.

RULE 1050 - Notification & Keeping of Accident

and/ or Occupational Illnesses

OSH STANDARDS

• Provides the safety officer means for an objective

evaluation of the program

• Helps identify high injury rates

• Provides information on accident causes which

contributes to high injury rates


and/ or Occupational Illnesses

OSH STANDARDS

OSH RULE

REPORT/FORM

WHEN TO REPORT WHERE TO

REPORT

Rule 1050

Notification and

Keeping of

Accidents

and/or

Occupational

Illnesses

Work Accident Illness

Report (WAIR) –

(DOLE/BWC/IP-6)

-On or before the 20th

day of the month

following the date of

occurrence of the

accident

2 copies,

to be

submitted to

concerned

RO; copy

furnished the

Bureau

Annual Exposure Data

Report (AEDR) -

(DOLE/BWC/IP-6b)

-On or before Jan. 20

of the following year

Fatal/major accident Within 24 h ours


and/or Occupational Illnesses

OSH STANDARDS

Every employer is required to provide in his

workplace medical and dental services,

emergency medicines and dental facilities.

RULE 1960 - Occupational Health Services

OSH STANDARDS

Refers to the qualified first aider, nurse dentist or

physician, whose services have been engaged by

the employer in order to provide occupational

health services in the establishment.

OCCUPATIONAL HEALTH PERSONNEL

OSH STANDARDS

No. of workers Hazardous workplace Non-Hazardous Workplace

1 – 50

51 -99

100 - 199

200-600

601 - 2,000

2,001 - above

First-aider per shift FA Medicines First-aider per shift FA Medicine

First-aider per shift, FT nurse

PT doctor 4h/day, 3d/w

PT dentist

ETR First-aider per shift, FT nurse

PT doctor 4h/d, 6d/w

PT dentist

EH

DC

First-aider per shift,

PT OH Nurse 4h/day

ETR

First-aider per shift, FT nurse

PT doctor 4h/d 3d/w

PT dentist 4h/d 3d/w EMC

First-aider/S, FT nurse

PT doctor 4h/d, 6/w

PT dentist

EC First-aider per shift, FT nurse

FT doctor or 2 PT doctors

FT dentist

EH

DC

EMC

DC

First-aider/S, FT nurse/S

FT doctor + PT doctor/S

FT dentist

First-aider/S, FT nurse/S

FT doctor + PT doctor/S

FT dentist

EH

DC

Where the nature of work exposes workers to :

Dangerous environmental elements, hazardous contaminants, ionizing radiation, chemicals, flammable substances

Construction, mining, fire fighting, stevedoring, dock work, deep sea fishing, mechanized farming

Dangerous work conditions

Manufacture or handling of explosives, pyrotechnic products

Heavy or power driven tools and/or machinery

First-aider per shift ETR

First-aider per shift

PT OH Nurse 4h/d 6d/w

ETR

OSH STANDARDS

• Emergency Hospital – An employer need not put up an

emergency hospital or dental clinic if there is a hospital or

dental clinic which is not more than five(5) kilometers away in

urban areas and 25 minutes travel in rural areas provided

contracts are entered into with the said hospital or dental

clinic and that the employer provides transportation facilities.

• PHYSICIAN/DENTIST shall be subject to call at any time in

other shifts during emergencies.

OSH STANDARDS

• Health Program – The physician engaged by the employer,

in addition to providing medical services in cases of

emergency, must also perform the following:

– Conduct pre-employment medical examination, free of

charge, for the proper selection of workers

– Conduct free of charge annual physical examination of

the workers

– Collaborate with safety and technical personnel in the

selection and placement of workers, including

investigation of work related accidents due to

exposure to health hazards

– Develop and implement a comprehensive health

program for the employees

OSH STANDARDS

REQUIRED REPORT UNDER RULE 1960

OSH RULE

REPORT/FORM

WHERE TO FILE WHEN TO

REPORT

Rule 1960

Occupational

Health

Services

Annual Medical Report

- DOLE/BWC/OH-47A

AMR

2 copies submitted to

concerned RO copy

furnished the Bureau

On or before the

last day of March

of the year

following the

covered period

OSH STANDARDS

–Mandates the BWC to conduct training program on OSH directly or through accredited Safety Training Organization.

–Require the employer to appoint a safety officer. The training course prescribed by the BWC shall be requisite for the appointment of the safety officer in the place of employment

–All full-time safety officers must meet the requirement of duly-accredited Safety Practitioner or Safety Consultants by the Bureau



ACCREDITATION PROGRAM

Requirements in the Practice of OSH Completion of the Bureau Prescribed Training Course On OSH conducted by DOLE Accredited Safety Training Organization

BWC Accreditation as OSH practitioner/consultant


UPDATE

The Bureau has accredited:

• 1800 safety practitioners

• 175 safety consultants

• 20 Active Safety Training Organization

• 4 Testing of Construction Heavy

Equipment organization


ACCREDITATION PROGRAM

·

-

· Training of Personnel:

- Every employer shall take steps to train a sufficient

number of supervisors or technical personnel in

occupational safety and health.

No. of workers Non-hazardous workplace

1-250 One(1) part-time safety officer

251-500 Two(2) part-time safety

officers

501-750 One(1) full-time safety officer

751-1000 Two(2) full-time safety officers

Every add’l. 500 or fraction

thereof

One(1) add’l. full-time safety

officer

· Training of Personnel:

- Every employer shall take steps to train a sufficient

number of supervisors or technical personnel in

occupational safety and health.

No. of workers Hazardous Highly hazardous

1-50 1 part-time safety

officer

1 full-time safety officer

51-200 1 full-time safety officer 1 FT & 1 PT safety officer

201-250 1 FT & PT safety officer 2 full-time safety officer

251-500 2 full-time safety officer 2 FT & 1 PT safety officer

Every add’l. 500

or fraction

thereof

1 add’l. FT safety

officer

Every add’l. 250

or fraction

thereof

1 add’l. FT safety officer

RULE 1040

HEALTH & SAFETY COMMITTEE

1. Organize a Health & Safety Committee.

2. Establish & adopt in writing administrative policies on safety in

conformity with the provision of this Standards.

3. Report to DOLE the organization of HSC & the Safety Policy

adopted.

4. Report to DOLE the minutes of meetings of the HSC at least

once in every 3 months (quarterly).

OSH Standards:

• RULE 1040 - Health and

Safety Committee

– is a group of employees

and management that

plans and develops polices

in all matters pertaining to

safety and health in the

workplace.

OSH Standards

• Duties


– Plans and develops accident prevention program

Rule 1040- Health and Safety Committee

– Inspects workplace to detect unsafe condition – Reviews reports related to safety and health

– Provides necessary assistance to government

inspecting authorities

– Initiates and supervises safety trainings for

employees

RULE 1050

NOTIFY & KEEPING OF RECORDS OF ACCIDENTS & OCCUPATIONAL ILLNESSES

1. Notify DOLE of all work accidents/occupational illnesses resulting in disabling conditions.

2. It shall be reported on the 20th day following the date of occurrence.

3. Annual Exposure Data Report must also be reported to DOLE every January on the following year.

RULE 1960

OCCUPATIONAL HEALTH SERVICES

Establish/Provide Occupational Health Services;

- Occupational Health Personnel;

- Medicines;

- Medical supplies & equipment; &

- Medical facilities

Report to DOLE the company Annual Medical Report

occupational safety and health std

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