Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

16" Congress iis
First Regular Session ——

House BillNo,__ 4594

Introduced by. Hon. Karlo Alexei B. Nograles

EXPLANATORY NOTE

The construction industry which employs a large number of Filipino workers
plays an important role in our socio-economic growth. It is projected to double its
growth rate by 2015 and continue this trend in the coming years, with hundreds of
billions worth of infrastructure projects expected particularly in light of the public-
private partnerships programs being pushed by the government.

Whereas, numerous occupational hazards and risks continuously emerge
in the workplace with the introduction of new technologies, materials, and
substances. As a result, a high rate of worksite accidents may likely occur if no
suitable measures or interventions are in place to prevent related accidents and
injuries.

Compliance with safety standards shall be the responsibility of all
stakeholders such as workers, employers, contractors, and more importantly the
government, which is the lead enforcer of the safety standards. Sanctions and
penalties for erring employers, contractors, and enforcers shall be a vital part of this
bill.

This bill likewise adopts the provisions of the Department Order No. 13,
Series of 1998 of the Department of Labor and Employment, entitled “Guidelines
Governing Occupational Safety and Health in the Construction Industry”

Hence, the early passage of this bill into law is earnestly sought

HON. KARLO ALEXEI B. NOGRALES


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

16th Congress
First Regular Session

House Bill No. 4594

Introduced by. Hon. Karlo Alexei B. Nograles

AN ACT INSTITUTIONALIZING OCCUPATIONAL HEALTH AND SAFETY OF
WORKERS IN THE CONSTRUCTION INDUSTRY

Be it enacted by the Senate and the House of Representatives of the
Philippines in Congress assembled:

SECTION 1. TITLE. - This Act shall be known as the “Occupational Safety and
Health in the Construction Industry Act”,

SECTION 2. Declaration of Policy, - The State shall afford protection and welfare to
workers employed in the construction industry and to the general public within and
around the immediate vicinity of any construction sites. It shall ensure the promotion
of health and safety in the construction industry.

SECTION 3. DEFINITION OF TERMS. - As used in this Act, the Following terms
shall mean:

a.) “Certified First Aider” — refers to any person trained and duly
certified or qualified to administer first-aid by the Philippine Red Cross
(PRC).

b.) “Competency Standards” - refers to _industry-determined
specifications of competencies required for effective work
performance. These are expressed as outcomes, focus on workplace
activity rather than training or personal attributes, and capture the
ability to apply new skills in new situations and changing work
organizations.


c.) “Construction safety and health committee” — means a group
tasked with the authority to monitor, inspect and investigate all
aspects of the construction project pertaining to health and safety of
construction workers.

d.) “Construction safety officer” - refers to any safety personnel
tasked by his employer to implement the company’s occupational
safety and health programs and to ensure that the program is in
accordance with the provisions of the Occupational Safety and Health
Standards (OSHS).

e.) “Construction safety and health program” — refers to a set of
detailed rules to cover the processes and practices that shall be
utilized in a specific constructions project site in conformity with the
OSHS including the personnel responsible and the penalties for
violations thereof.

if)

“Construction of Signages” — refers to any, but not limited to,
emergency or danger signs or safety instructions, of standard colors
and sizes in accordance with the specifications for standard color of
signs for safety instructions and warnings in construction premises.

g.) “Constructor” - refers to any person or organization who undertakes
or offers to undertake or purports to have capacity to undertake or
submits a bid to, or does himself or by through others, construct, alter,
repair, add to, subtract from, improve, move, wreck or demolish any
building, highway, road, railroad, excavation of other structure,
project, development or improvement, or to do any part thereof,
including the erection of scaffoldings and other structures or works in
connection therewith. The term constructor covers the general
constructor, subcontractor and specialty contractor.

h.) “Construction equipment”- refers to any machine with an engine or
electric motor as prime mover.

i) “General Constructor”- means a constructor who has general
supervision of the work environment, over other constructors in the
execution of the project and who directly receives instructions from
the owner or construction project manager.


j) “General safety and health inspection”- refers to inspection of the
work environment, including the location and operation of machinery
other than those covered by technical safety inspections, 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

k,) “Imminent Danger” — means a condition or practice that could
reasonably be expected to cause death or serious physical harm
before abatement under the normal enforcement procedure can be
accomplished,

1.) “Occupational Health Personnel” — refers to a qualified first-aider,
nurse, dentist or physician, engaged by the employer to provide
occupational health services in the establishment/undertaking.

m.) “Occupational Safety and Health Standards (OSHS)” — refers to
the Occupational Safety and Health and Standards prepared by
DOLE as provided for by law in Art. 162 and 165, Chapter 2, Title | of
Book Four of the Labor Code of the Philippines.

n.) “Owners Representative”- is a consulting entity (can be a firm,
partnership or individual ) who reports directly to the Project Owner
and coordinates the construction operation by, between and among
the General Constructor, Subcontractor, Suppliers and ensures that
all is in accordance with the approved plans.

0.) “Project Manager” — means the overall technical personnel of the
general constructor and/or the subcontractor in charge of the actual
execution of a construction project.

p.) “Safety and Health Audit” - refers to a regular and critical
examination of project sites, safety programs, records and
management performance on program standards on health and
safety.

4.) “Safety Personnel” — refers to any person engaged by any
constructor, trained or accredited by DOLE and tasked to implement
occupational safety and health programs for the workers/employees in
any construction project.


1.) “Tool Box Meeting or Gang Meeting” — refers to daily meetings
among workers and their respective supervisor for the purpose of
instruction, discussion and proper briefing on the planned work, the
assessment of past work, the possibility or actual occurrence of
accident at the site, tips and suggestions on how to prevent possible
accidents and other related matters.

SECTION 4. DELEGATION OF AUTHORITY AND ACCREDITATION — The
authority to enforce mandatory occupational safety and health standards in the
construction industry may be delegated in part by the Secretary of Labor and
Employment.

SECTION 5, COVERAGE - This Act shall apply to all operations and undertakings
in the construction industry and subdivisions, namely, general building construction,
general engineering constructions and special trade construction, based on the
classification code of the Philippine Contractors Accreditation Board (PCAB) of the
Construction Industry Authority of the Philippines (CIAP); to companies and entities
involved in demolition works; and to those falling within the construction industry as,
may be determined by the Secretary of Labor and Employment.

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 jointly and solidarily liable for the overall compliance with this.
Section.

6.1 The Construction Safety and Health Program shall state the
following:

a.) Statement of Commitment to Comply with OSHS requirements;

b.) General Safety and Health Policy;

c.) Drug-free and Alcohol-free Work place policy;

d.) Project Details;

e.) Composition and Duties of Construction Safety and Health Committee;

£) Occupational Health Personnel and Facilities;

g.) Safety and Health Promotion, Training and Education;

h.) Toolbox Meetings;

i) Accident/incidentiliness investigation, Recording and Reporting;

j.) Personal Protective Equipment;

k.) Provision on Safety and Signages;

1) Control Measures on Construction Activities such as but not limited to
temporary structures, lifting and construction operations;

m,) Workers Welfare Facilities;

n.) Emergency Preparedness and Response Plan;

0.) Construction Waste Management System; and

p.) Penalties and Sanctions


6.2 The Construction Safety and Health Program shall be executed and
verified by the Project Manager or in his absence, the Owner's
Representatives and shall be submitted to the DOLE which may approve,
disapprove or modify the same according to existing laws, rules and
regulations and other issuances.

SECTION 7. Construction Safety and Health Committee. To ensure that these
tules 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.

7.1, Composition. The Committee shall be composed of the following:

a.) Project manager or Owner's Representatives as the Chairperson ex
officio

b.) Construction Safety Officer of the Chairperson as the Secretary of the
Committee;

c.) Construction Safety Officer representing each constructor, as the case
may be;

d.) Physicians, Nurses, Certified First-Aider and Dentist who shall be
members ex officio; and

e.) Workers Representatives.

The persons constituting the Safety and Health Committee, shall as far as practicable
be found at the construction site whenever construction work is being undertaken

7.2. Duties of the Construction Safety and Health Committee:

The Committee members shall always be present at the construction site
and shall convene at regular intervals to effectively plan, develop, oversee, and
monitor the implementation of the Construction Safety and Health Program.

SECTION 8. PERSONAL PROTECTIVE EQUIPMENT (PPE) — Every employer shall
provide protective equipment, free of charge to the workers, for eyes, face, hands
and feet, lifeline, safety beltfharness 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 PPE shall be part of construction safety and health program which is a
separate pay item pursuant to Section 18 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 any construction site shall be based on the
evaluation and recommendation of the safety officer.


SECTION 9. CONSTRUCTION SAFETY OFFICER. - To ensure that a Construction
Safety and Health Programis duly followed and enforced at the construction project
site, each construction project site is required to have a full time Construction Safety
Officer.

9.1 The General Constructor must provide for a full time Construction Safety
Officer who shall:

(a) Oversee the overall management of the Construction Safety and Health
Program;

(b) Frequently monitor and inspect any health and safety aspect of the
construction work being undertaken;

(c) Assist government inspectors in the conduct of safety and health inspection
at any time whenever work is being performed or during the conduct of
accident investigation; and

(d) Issue work stoppage order when necessary.

9.2 The General Constructor must provide for additional Construction Safety
Officer/s depending on the total number of personnel, construction equipment
and work area assigned to the construction project site, to oversee the
effective compliance with the Construction Safety and Health Program at the
site.

9.3 Each subcontractor must provide for a representative who shall have the
same qualification as a Construction Safety Officer, to oversee the
management of the Construction Safety and Health Program for the
‘subcontractor’s work force and the specific areas of work operations.

All full time Construction Safety Officer/s who will be employed shall be accredited by
the Department of Labor and Employment (DOLE).

SECTION 10. OCCUPATIONAL HEALTH PERSONNEL AND FACILITIES. - The
General Constructor shall provide qualified occupational health personnel within the
work site duly complemented with the required medical supplies, equipment and
facilities, based on the total number of workers on site

SECTION 11. CONSTRUCTION SAFETY SIGNAGES AND DEVICES. -
Construction safety signages and devices must be provided to warn the workers and
the public of hazards in the workplace. Signages 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.

SECTION 12. SAFETY ON CONSTRUCTION EQUIPMENT. - In relation to
construction equipment operation in the construction sites, all constructors must
comply with the DOLE requirements in the different phases of the project including
the transport to and from the project site.


SECTION 13, SAFETY AND HEALTH INFORMATION —

13.1. All personnel should adequately and suitably be informed of potential
Safety and Health hazards and the appropriate measures required for
the prevention, control and protection against those hazards.

13,2. A tool box meeting shall be conducted by the supervisor or the
designated leader of the workgroup before commencing the assigned
tasks for the day.

SECTION 14, CONSTRUCTION SAFETY AND HEALTH TRAINING. —

a.) All construction safety personnel shall undergo the mandatory forty (40)
hour training on Basic Occupational Safety and Health for construction
safety officer as prescribed by the DOLE,

b,) All occupational health personnel shall undergo the minimum safety and
health training as prescribed by the DOLE.

c.) All site personnel shall undergo the mandatory one (1) day (eight hours)
safety and health orientation/seminar as required by DOLE, and as a pre-
requisite for the issuance of construction competency registry card by the
CIAP.

d.) Specialized instruction and training should be given to all personnel
engaged in, but not limited to the operation, erection and dismantling of
construction equipment and scaffolds, structural erections, excavations,
blasting operations, demolition, confined spaces, hazardous chemicals
and other critical activities.

SECTION 15. CONSTRUCTION SAFETY AND HEALTH REPORTS.

a.) All constructors shall be required to submit all reports and notifications
prescribed by the DOLE.

b.) All hospitals/clinics shall be required to submit all reports in construction
related injuries to DOLE.

SECTION 16, CONSTRUCTION WORKERS COMPETENCY CERTIFICATION. -

In order to professionalize, upgrade and update the level of competence of
construction workers, the Technical Education and Skill Development Authority
(TESDA) shall establish national competency standards and prepare guidelines on
competency assessment and certification for critical construction occupations. In this
regard, all construction workers in critical occupations shall undergo the mandatory
competency assessment and certification by TESDA.

An occupation shall be considered critical:


a.) when the performance of a job affects the people’s lives and limbs;

b.) when the job involves the handling of tools, equipment and supplies;

c.) when the job requires a relatively long period of education and training;
and

d.) when the performance of the job may compromise the safety, health and
environment concerns within the immediate vicinity of the construction
site.

SECTION 17, WORKER'S WELFARE FACILITIES.- The employer shall provide the
following welfare facilities in order to ensure humane working conditions:

a.) Adequate supply of safety drinking water;

b.) Adequate sanitary and washing facilities;

c.) Suitable living accommodation for workers, as may be applicable; and

d.) Separate sanitary, washing and sleeping facilities for men and women
worker, as may be applicable.

SECTION 18. COST OF CONSTRUCTION SAFETY AND HEALTH PROGRAM. -
The total cost of implementing a duly approved construction safety and health
program 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.

SECTION 19. IMPLEMENTING RULES AND REGULATIONS. - The DOLE shall
promulgate the necessary rules and regulations necessary for the effective
implementation of this Act, within sixty (60) day from its effectivity.

SECTION 20. VISITORIAL POWER OF THE SECRETARY.- Pursuant to Article 128
of the Labor Code, as amended and other applicable laws, the Secretary or his/her
authorized representative shall have the authority to enforce mandatory occupational
safety and health standards in the construction industry, As such, they can enter
workplaces at any time of day and night where construction is actually performed, to
examine records and investigate facts, conditions or matters necessary to determine
if there is violation or conformity with the provisions of this Act. In cases when non-
compliance poses grave and imminent danger to the health and safety of workers in
the workplace, the Secretary or his/her authorized representative may likewise order
suspension of operation or work stoppage of any unit or department of an
establishment

SECTION 21. PENALTY CLAUSE. - It shall be unlawful for any person to obstruct,
impede or otherwise refuse entry to the Secretary or his/her authorized
representatives in the exercise of the Secretary's visitorial power shall be
administratively fined in the amount of Php. 100,000.00 per day until the obstruction,
impediment or refusal has ceased, without prejudice to the filing of criminal and civil
actions


Any other violation or non-compliance with any provision of this Act, shall be
punishable by:

First offense: A fine of One Hundred Thousand Pesos (P100, 000.00);
Second offense: A fine of Three Hundred Thousand Pesos (P300, 000.00),

Third offense: A fine of Five Hundred Thousand Pesos (P500, 000.00),
or

cancellation of PICAB license, or both depending on the gravity of the

damage incurred

Provided further that any act declared herein as unlawful shall be punishable
with imprisonment of four (4) years to six (6) years at the discretion of the courts.

SECTION 21, SEPARABILTY 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 22. REPEALING CLAUSE. ~ All other laws, decrees, orders, issuance,
rules and regulations that are inconsistent with provision of this Act are hereby
repealed, amended or modified accordingly.

SECTION 23, EFFECTIVITY. - This Act shall take effect fifteen (15) days after its

publication in the Official Gazette or in two (2) newspapers of general circulation,
whichever comes first.

Approved.