An Act Strengthening Compliance with Occupational Safety and Health Standards

Sec 4

Duties of Employers, Workers and Other Persons. (a) Every employer, contractor or subcontractor, if any, and any person who manages, controls or supervises the work being undertaken shall: (1) 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 workers; (2) 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; (3) Inform the workers of the hazards associated with their work, health risks involved or to which they are exposed to, preventive measures to eliminate or minimize the risks, and steps to be taken in cases of emergency; (4) Use only approved devices and equipment for the workplace; (5) 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; (6) Allow workers and their safety and health representative 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 (7) Provide, where necessary, for measures to deal with emergencies and accidents including first-aid arrangements. (b) Every worker shall participate in ensuring compliance with OSH standards in the workplace. The worker shall make proper use of all safeguards and safety devices furnished for the worker's protection and that of others, and shall observe instructions to prevent accidents or imminent danger situations in the workplace. The worker shall observe the prescribed steps to be taken in cases of emergency. The worker shall report to the supervisor any work hazard that may be discovered in the workplace. (c) It shall be the duty of any person, including the builder or contractor who visits, builds, renovates or installs devices or conducts business in any establishment or workplace, to comply with the provisions of this Act and all other regulations issued by the Secretary of Labor and Employment. (d) Whether two (2) or more undertakings are engaged in activities simultaneously in one (1) workplace, it shall be the duty of all engaged to collaborate in the application of OSH standards and regulations.

Sec 5

The right to safety and health at work shall be guaranteed. All workers shall be appropriately informed by the employer about all types of hazards in the workplace, provided access to training and education on chemical safety, and to orientation on the data sheet of chemical safety, electrical safety, mechanical safety, and ergonomic safety.

Sec 6

The worker has the right of refusal to work without threat or reprisal from the employer if, as determined by the DOLE, an imminent danger situation exists in the workplace that may result in illness, injury or death, and corrective actions to eliminate the danger have not been undertaken by the employer.

Sec 8

Every employer, contractor, or subcontractor, if any, shall provide his workers, free of charge, protective equipment for their eyes, face, hands and feet, and lifeline, safety belt or harness, gas or dust respirators or masks, and protective shields whenever necessary by reason of the hazardous work process or environment, chemical, radiological, mechanical and other irritants or hazards capable of causing injury or impairment in the function of any part of the body through absorption, inhalation or physical contact. The cost of the PPE shall be part of the safety and health program which is a separate pay item pursuant to Section 20 of this Act. 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.

Sec 9

All establishments, projects, sites and all other places where work is being undertaken shall have safety signage and devices to warn the workers and the public of the hazards in the workplace. Safety signage and devices shall be posted in prominent positions at strategic locations in a language understandable to all, and in accordance with the standards set by the DOLE.

Sec 10

In relation to the use of equipment, the employer, contractor or subcontractor, if any, must comply with the DOLE requirements in the different phases of the company or project operation including the transport to and from the establishment, project, site or place where work is being undertaken.

Sec 11

Workers in all establishments, projects, sites and all other places where is being undertaken shall be provided adequate and suitable information by the employer, contractor or subcontractor, if any, on safety and health hazards, and the appropriate measures, including the probable location of workers, for the prevention, control and protection against those hazards. SEC. 12 Occupational Safety and Health (OSH) Program. - Covered workplace shall have a safety and health program including the following policies, guidelines or information: (a) Statement of commitment to comply with OSH requirements; (b) General safety and health, including a drug-free workplace; (c) Human Immunodeficiency Virus (HIV) and Acquired Immune Deficiency Syndrome (AIDS)/tuberculosis/hepatitis prevention and control; (d) Company or project details; (e) Composition and duties of the safety and health committee; (f) Occupational safety and health personnel and facilities; (g) Safety and health promotion, training and education; (h) Conduct of toolbox meetings; (i) Accident/incident/illness investigation, recording and reporting; (j) Provision and use of PPE; (k) Provision of safety signage; (l) Dust control and management, and regulations on activities such as building of temporary structures, and lifting and operation of electrical, mechanical, communication systems and other equipment; (m) Provision of workers' welfare facilities; (n) Emergency preparedness and response plan; (o) Waste management system; and (p) Prohibited acts and penalties for violations. The safety and health program shall be prepared and executed by the employer, contractor or subcontractor, if any, in consultation with the workers and their representatives, and shall be submitted to the DOLE which shall approve, disapprove or modify the same according to existing laws, rules and regulations, and other issuances. The approved safety and health program shall be communicated and be made readily available to all persons in the workplace.