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INTRODUCTION TO OSHS • Occupational Safety and Health In the Philippines A
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 1954 - Enactment of RA No. 1054 (Free Emergency Medical & Dental Treatment Act) 1957 – Bureau of Labor Standards was created. 1959 - SOPI was organized
1967 -Proclamation No. 115 -A was issued declaring the year & every year thereafter as SAFETY & ACCIDENT PREVENTION YEAR January - General Orientation February - Air Transportation March - Fire Prevention April - Vacation Hazards May - Land Transportation June - Sea Transportation July - Schools August - Farms September -Health and Sanitation October - Industry & Commerce November -Mines December -Holiday Hazards & Homes
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. 1998 - Passed MC No. 02 series of 1998 -Guidelines for Classifying Hazardous and Non. Hazardous Workplaces 1999 -ASPPI was organized. 1 st Gen. Assembly & Convention of DOLE Accredited Safety Professionals was held
2000 - MC No. 01 s 2000 - Guidelines for the Conduct of WEA - MC No. 02 s 2000 -Guidelines in the Application of Workplace Component of RA 8504 known as “Phil. AIDS Prevention & Control Act of 1998” 2001 - Approved Amendments to Rules 1030, 1160, 1170, 1180 of the OSHS 2002 – 1 st meeting/gathering of DOLE-BWC Accredited Safety Training & Testing Organizations -Department Order (DO) 53 -03, s 2003 Implementation of a Drug-Free Workplace Policies and Procedures for the Private Sector. 2003 - Organization of ATOP Inc. for OSH. Renamed as ASHTOP Inc. in 2004 – Department Order (DO) 57 -04, s 2004 (New Labor Standards Enforcement Framework) was issued.
INTRODUCTION TO OSHS OSH LEGISLATIONS Phil. Const. • 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. A
INTRODUCTION TO OSHS OSH LEGISLATIONS Phil. Const. Labor Code. A • 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.
INTRODUCTION TO OSHS OSH LEGISLATIONS • Article 162 – The Secretary of labor shall by Phil. Const. Labor Code. • • A 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.
INTRODUCTION TO OSHS OSH LEGISLATIONS Phil. Const. • Law : Rules and Regulations Labor Code. Implementing Art. 162, Book IV, Title I, P. D. 442 • Title : Occupational Safety and Health Standards (OSHS) OSHS. • Year Passed : 1978 • Relevant Provision/s : Rule 1000 to Rule 1980 • Implementing Agency: DOLE A
Legal Basis of the Occupational Safety and Health Standards • Book IV, Title I Chapter I Medical and Dental Services Chapter II Occupational Safety
Legal Basis of the Occupational Safety and Health and Standards Book IV, Title I – Medical, Dental and Occupational Safety and Health Standards, (OSHS)1978
INTRODUCTION TO OSHS OSH STANDARDS • A set of mandatory OSH • A 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.
INTRODUCTION TO OSHS OSH STANDARDS OSH Standards: • PURPOSE – to protect every working man against the dangers of injury, sickness or death through safe and healthful working conditions. • 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
INTRODUCTION TO OSHS OSH STANDARDS WHO ARE THE ORGANIZATIONS INVOLVED IN OSH?
INTRODUCTION TO OSHS 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.
INTRODUCTION TO OSHS ADMINISTRATIVE ORGANIZATION FOR OSH DOLE ECC OSHC A 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.
INTRODUCTION TO OSHS ADMINISTRATIVE ORGANIZATION FOR OSH DOLE ECC BWC OSHC • Bureau of Working Conditions A – 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
INTRODUCTION TO OSHS ADMINISTRATIVE ORGANIZATION FOR OSH DOLE • Implements laws, policies, plans, programs, projects, rules and regulations of the DOLE. ECC BWC OSHC RO 1 A RO 2 RO 3 RO 4 RO 5 RO 6 RO 7 RO 15
INTRODUCTION TO OSHS 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
INTRODUCTION TO OSHS ENFORCEMENT AND ADMINISTRATION OF OSH LAWS 2 Types of OSH Inspection Ø Technical Safety Inspection – inspection for the purpose of safety determination of boilers, pressure vessels, internal combustion engines, electrical installations, elevators, hoisting equipment and other mechanical equipment .
INTRODUCTION TO OSHS ENFORCEMENT AND ADMINISTRATION OF OSH LAWS 2 Types of OSH Inspection Ø General Safety and Health Inspection – refers to inspection of work environment, adequacy of work space, ventilation, lighting, handling, storage or work procedures, protection facilities, location and operation of machinery other than those covered by technical safety inspection and other safety and health hazards in the workplace. .
INTRODUCTION TO OSHS ENFORCEMENT AND ADMINISTRATION OF OSH LAWS . Safety and Health in Construction
INTRODUCTION TO OSHS ENFORCEMENT AND ADMINISTRATION OF OSH LAWS Safety and Health in Construction Ø Rule 1410 of the OSHS and DO 13, series 1998 provide requirements for keeping and maintaining a safe worksite Examples: . 1) Health and Safety Committee to plan, develop, implement worksite programs on OSH approved by DOLE-BWC 2) Approved Personal Protective Equipment 3) Trained or accredited OSH personnel 4) Other administrative and technical safety and health requirements
INTRODUCTION TO OSHS ENFORCEMENT AND ADMINISTRATION OF OSH LAWS Safety and Health in Construction DOLE Advocacy and linkages with stakeholders - MOA between DOLE and DPWH to harmonize and complement the National Building Code and the Labor Code of the Philippines .
INTRODUCTION TO OSHS ENFORCEMENT AND ADMINISTRATION OF OSH LAWS Safety and Health in Construction DOLE Advocacy and linkages with stakeholders NBC to include safety and health DOLE Proposal - to add new Rule on Occupational Safety and Health in the Revised Implementing Rules and Regulations pursuant to PD 1096 otherwise known as the National Building Code.
ACCREDITATION PROGRAM Pursuant to Rule 1030 of the Occupational Safety and Health Standards
INTRODUCTION TO OSHS ACCREDITATION PROGRAM Rule 1030 - Training and Accreditation of Personnel in OSH – 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 dulyaccredited Safety Practitioner or Safety Consultants by the Bureau
INTRODUCTION TO OSHS Requirements in the Practice of OSH Ø Completion of the Bureau Prescribed Training Course On OSH conducted by DOLE Accredited Safety Training Organization Ø BWC Accreditation as OSH practitioner/consultant
Every employer shall take steps to train a sufficient number of supervisors or technical personnel in occupational safety and health No. of workers 1 - 250 251 - 500 Non-hazardous workplace * One(1) part-time safety officer Two(2) part-time safety officers 501 - 750 One(1) full-time safety officer 751 - 1000 One(2) full-time safety officers Every add’l. 500 or fraction thereof One(1) add’l. full-time safety officer * Based on Department Order No. 16, series of 2001
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 & 1 PT safety officer 2 full-time safety officer 251 - 500 2 full-time safety officer Every add’l. 500 or fraction thereof 1 add’l. FT safety officer Every add’l. 250 or fraction thereof 2 FT & 1 PT safety officer 1 add’l. FT safety officer
INTRODUCTION TO OSHS ACCREDITATION PROGRAM UPDATE The Bureau has accredited: • 1800 safety practitioners • 175 safety consultants • 20 Active Safety Training Organization • 4 Testing of Construction Heavy Equipment organization
INTRODUCTION TO OSHS Labor Standards Enforcement Framework
INTRODUCTION TO OSHS Labor Standards Enforcement Framework Complementary Approaches to Inspection 1. Self-audit 2. Joint Regulation 3. Assistance Program for Development 4. Industry/Social Accord 5. Delegation of Authority
INTRODUCTION TO OSHS Emerging Trends on the Role and Functions of OSH Practitioner/Consultant Personal safety, health, environmental safety, equipment safety, process safety, product safety, security of people and property are becoming more interrelated and create an expanded role for OSH professionals
INTRODUCTION TO OSHS Emerging Trends on the Role and Functions of OSH Practitioner/Consultant OSH professionals missions and objectives are also geared towards providing security and protection to life and property.
INTRODUCTION TO OSHS Emerging Trends on the Role and Functions of OSH Practitioner/Consultant Safety, health and security programs and activities complement each other.
INTRODUCTION TO OSHS