"04 j\j\d 30 P 0 35 
THIRTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
S .  No. 
INTRODUCED BY HON. MANUEL B. VILLAR, JR. 
EXPLANATORYNOTE 
The State recognizes that the occupational safety and health of workers 
in the working place has a significant role in national economic development, 
considering that personal injuries, death and illnesses arising out of work 
situations result in reduced production, wage loss, medical and rehabilitation 
expenses, and disability compensation payments. It is, therefore, declared a 
policy of the State, with the active participation of all sectors of society, to 
promote the physical, mental and social well-being of workers and to preserve 
the country's human resources. 
In line with such State policy, this bill seeks to address the labor 
concerns by codifying into a single legislation the entire framework of rules and 
standards governing the occupational safety and health of workers. 
This proposal shall require employers in all branches of economic activity 
to provide their employees with safe and healthful working place and working 
conditions among other things. 
In view of the foregoing, early passage of this bill is earnestly sought. 
n 
MANUEL B. v 


I 
THIRTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
SENATE 
9 
S. No. 
k 
R 
IJcr 
t -  
r e . .  
INTRODUCED BY HON. MANUEL B. VILLAR, JR. 
AN ACT 
INSTITUTING AN OCCUPATIONAL SAFETY AND HEALTH CODE, THEREBY 
REVISING AND CONSOLIDATING OCCUPATIONAL SAFETY AND HEALTH LAWS 
OF THE PHYSICAL AND MENTAL HEALTH OF WORKERS, AND FOR OTHER 
PURPOSES 
AND STANDA~DS FOR THE PROTECTION, MAINTENANCE AND ENHANCEMENT 
Be it enacted by the Senate and House of Representatives of the Philippines in Congress 
assembled: 
ARTICLE I 
SECTION 1. Title. - This Act shall be known as "The Philippine Occupational 
Safety and Health Code of 2004". 
SECTION 2. Declaration Of Policy. - The State recognizes that the occupational 
safety and health of workers in the working place has a significant role in national 
economic development, considering that personal injuries, death and illnesses arising 
out of work situations result in reduced production, wage loss, medical and 
rehabilitation expenses, and disability compensation payments. It is, therefore, 
declared a policy of the State, with the active participation of all sectors of society, to 
promote the physical, mental and social well-being of workers and to preserve the 
country's human resources: 
a. 
By requiring employers in all branches of economic activity to provide 
their employees with safe and healthful working place and working 
conditions; 
By providing for mandatory registration of all employers under the Code; 
b. 
c. 
By providing for an effective implementation and enforcement of 
occupational safety and health standards which shall include a 
prohibition against giving advance notice of any inspection and imposing 
sanctions for any individual violating this prohibition; 
By providing for minimum levels of injury frequency and severity in the 
working place; 
d. 
e. 
By updating existing occupational safety and health standards and 
providing for an effective system of compiling and analyzing date which 
shall help achieve the objectives of this Code; 


, 
2 
By providing for medical criteria which will assure as far as practicable 
that no employee shall suffer diminished health, functional capacity or 
life expectancy as a result of his work experience and unsafe and 
unhealthful working condition in the workplace; 
By providing for research in the field of occupational safely and health, 
including the development of innovative methods, techniques and 
approaches for delaying with occupational safety and health problems, 
exploring ways to discover latent diseases, and developing new and 
updating existing occupational safety and health programs for providing 
safe and healthful working conditions; 
By providing for appropriate reporting procedures with respect to 
occupational safety and health; 
By providing for training programs to increase the number and 
competence of personnel engages in the field of occupational safety and 
health; 
By encouraging joint labor-management efforts and participation from 
other sectors of society to reduce work injuries and diseases arising out 
of employment. 
SECTION 3. Definition of Terms.- As used in this Act: 
a. 
b. 
C. 
d. 
e. 
f. 
"Occupational safety and health standard" means a standard which 
requires conditions, or the adoption or use of one or more practices, 
means, methods, operations or processes, reasonably necessary or 
appropriate to provide safe or healthful employment and places of 
employment. 
"Health" pertains to both the absence of disease or infirmity and the 
physical and mental elements affecting conditions which are directly 
related to safety and hygiene at work. 
"Code" means the Philippine Occupational Safety and Health Code of 
2004. 
"Standard" means the Occupational Safety and Health Standards 
promulgated by the Department of Labor and Employment pursuant to 
Article 162 of the Labor Code of the Philippines as amended; 
"Employer" means any person, natural or juridical, employing the 
services of the employee and includes any person acting directly or 
indirectly in the interest of an employer, in relation to an employee, and 
shall include government-owned or controlled corporations and 
institutions, as well as nonprofit private institutions or organizations. 
"Employee" means any person hired, permitted or suffered to work by an 
employer and includes casual, emergency, temporary, substitute, 


3 
h. 
i. 
k. 
1. 
m. 
n. 
0. 
S .  
t. 
contractual, 
seasonal 
learner, 
apprentice, 
vocational 
student, 
handicapped worker or permanent worker. 
"Work accident" means an unplanned or unexpected occurrence that 
may or may not result in personal injury, property damage, work 
stoppage or interference or any combination thereof which arises out of 
and in the course of employment. 
"Work injury" means any injury or occupational illness suffered by a 
person which arises out of or in the course of his/her employment. 
"Workplace" means the office, premises or work site, where the workers 
are habitually employed and shall include the office or place where the 
workers, who have no fixed or definite work site, regularly report for 
assignment in the course of their employment. 
"Secretary" means the Secretary of the Department of Labor and 
Employment. 
"Department" means the Department of Labor and Employment. 
"Enforcement Officer 'I means the labor regulation officer or any duly 
authorized representative of the Secretary to enforce the Standards. 
"Occupational illness" shall mean any illness caused by environment 
factors, the exposure to which is characterized or peculiar to a particular 
process, trade or occupation and to which an employee or worker is not 
ordinarily subjected to our exposed outside of or away from such 
employment. 
"Injury frequency" means the number of disabling injuries per 1,000,000 
employee-hours of exposure where 
1,000,000 employee-hours of 
exposure is equivalent to 500 persons each exposed to 2000 hours of 
work per annum. 
"Severity rate" means the number of lost work days per 1,000,000 hours 
of exposure where 1,000,000 employee-hours of exposure is equivalent to 
500 persons each exposed to 2,000 hours of work per annum. 
"Imminent danger" means a condition or practice that could reasonably 
be expected to cause death or serious physical harm immediately or 
before abatement procedures can be accomplished. 
"Actual exposure hours" pertains to the actual straight time hours 
worked and actual overtime hours worked. 
"Estimated exposure hours" is obtained by multiplying the total employee 
days worked for the period by the average number of hours worked per 
day. 
"Branches of economic activity" pertains to all branches in which workers 
are employed including government-owned or controlled agencies. 
"Occupational safety and health program" means a program which aims 
to achieve the following objectives: 


4 
1. Protect employees against safety and health hazards in their working 
environment to prevent occupational as well as non-occupational 
diseases; 
2. Facilitate the placement of workers according to their physical, mental 
and emotional capacities in work which they can perform with an 
acceptable degree of efficiency and without endangering their own 
health and safety and that of their co-workers; 
3. Assure adequate medical care and rehabilitation of the injured, 
occupationally ill or disabled workers; 
4. Provide for first aid, emergency services and treatment of workers; 
5. Encourage and assist in measures for personal health maintenance, 
physical fitness and proper nutrition practices; 
6. Provide guidance, information and services for family planning 
programs; 
7. Provide for measures for the protection of the general environment. 
"Safety hazards" are those which might cause or are causing burns, 
electrical shocks, cuts, bruises, sprains, broken bones and loss of limb, 
eyesight or hearing which may result in immediate and violent harm. 
U. 
V. 
"Occupational health hazard" means those resulting in a slow 
impairment of health and may be classified in four categories, namely: 
biological, chemical, physical and stress. 
SECTION 4. Applicability of the Code - This Code shall apply with respect to 
employment performed in all workplaces and in all places of employment and shall 
cover employers in all branches of economic activity. 
The Occupational Safety and Health Standards promulgated by the Department 
of Labor and Employment pursuant to Article 162 of the Labor Code of the Philippines 
are hereby deemed adopted for purposes of this Code and shall be deemed to be 
occupational safety and health standards issued under this Code. Within six (6) 
months from the approval of this Code, the Department of Labor and Employment 
shall revise the Standards to conform to the provisions of this Code. The Standards 
shall not apply to the transport vehicles of establishments engaged in land, sea and 
air transportation but shall apply with respect ,to their offices, garages, dry docks, 
port hangars, maintenance and repair shops. The Standards shall also not apply to 
mining claim or lease, except with respect to warehouses, depots, garages, 
maintenance and repair ships, motor pools and offices. Mines safety in establishments 
or workplaces falling under "Mining Industry" as classified by the National Economic 
Development Authority (NEDA) shall be governed by pertinent laws and regulations 
being implemented by the Department of Environment and Natural Resources (DENR). 


5 
The provisions of the following codes and laws shall apply with respect to safety 
determinations of the workplace and work environment, work machinery, equipment 
and materials, work conditions, practices, means, methods, operations or processes: 
the Fire Code of the Philippines, the Philippine Electrical Code, the Philippine Society 
of Mechanical Engineers Code, the Building Code of the Philippines, the Electrical 
Engineering Law, the A.S.M.E. Boiler and Pressure Vessel Code, the A.S.M.E. Code for 
Pressure Piping, the A.S.M.E. Code for Unfired Pressure Vessels, the A.S.M.E. Elevator 
Code and the A. P. I. Code for Petroleum Gases and Liquids. 
Nothing in this Code shall be construed to supersede or in any other manner 
affect the rights, duties, or liabilities of employers and employees under the employees 
compensation law ,or any other law with respect to injuries, disease or death of 
employees arising out of, or in the course of employment. 
SECTION 5. Administration and Enforcement- The Department of Labor and 
Employment (DOLE) shall be solely responsible for the administration and 
enforcement of this Code in all workplaces and in all places of employment. The 
Department shall be the lead agency for coordinating and monitoring the activities of 
all government agencies involved in the implementation of all laws to promote 
occupational safety and health. However, the Department may authorize and delegate 
to local government units (LGUs) the enforcement of occupational safety and health 
standards within their respective jurisdictions where they have adequate facilities and 
personnel for the purpose as determined by and subject to conditions and 
requirements prescribed by the Department. The Department may also deputize and 
accredit nongovernmental organization for the purpose of administering and enforcing 
occupational safety and health laws, standards and regulations, subject to such 
conditions and requirements as the Department may prescribe. Except as otherwise 
provided in this code, the Department shall also be responsible for the enforcement of 
other laws with respect to safety determination of the workplace and work 
environment, working conditions and work procedures. 
The Department of Health (DOH) shall be responsible for providing medical 
criteria and for research in the field of occupational safety and health, including the 
development of innovative methods, techniques and approaches for dealing with 
occupational safety and health problems and exploring ways to discover latent 
disease. The DOH shall be responsible for formulating polices and programs in 
sanitation and for the issuance of sanitary permits for establishments. 
The Department of Environment and Natural Resources (DENR) shall be 
responsible for the administration of all laws, standards and regulation governing the 
functions of agencies under its jurisdiction in connection with work concerning or 
relating to environmental protection and the natural resources of the country, 


6 
including but not limited to, the manufacture, importation, processing, distribution, 
use and disposal of hazardous and toxic substances and mixtures used in the 
development, utilization and conservation of natural resources. 
The Department of Agriculture (DA) shall be responsible for the administration 
of all laws, standards and regulations governing the functions of agencies under its 
jurisdiction in connection with the work concerning or relating to environmental 
protection and the development, utilization and conservation of natural resources, 
including but not limited to, the manufacture, importation, processing, distribution, 
use and disposal of pesticides and other hazardous and toxic substances and 
mixtures. 
The Department of Transportation and Communication (DOTC) shall be 
responsible for the administration of all laws, standards and regulations relating to 
the functions of agencies under its jurisdiction in connection with the safety and 
health of workers on board land, air and water conveyances. 
The Department of Labor and Employment (DOLE) shall periodically update 
existing occupational safety and health standards and provide for an effective system 
of compiling and analyzing data and for appropriate reporting procedures with respect 
to occupational safety and health. 
The DOLE shall coordinate with the DOH and other concerned agencies in 
developing new and updating existing programs for providing safe and healthful 
working place and conditions for workers, and in providing for training programs to 
increase the number and competence of personnel engaged in the field of occupational 
safety and health. The DOLE shall also encourage joint labor-management efforts and 
participation from other sectors of society to reduce injuries and diseases arising out 
of employment. 
SECTION 6. Duties. 
Each employer shall: 
a. 
Furnish his employees a place of employment free from hazardous 
conditions that are causing or are likely to cause death, illness or 
physical harm to his employees; 
Comply with occupational safety and health standards promulgated 
under this Code; 
Give complete job safety instructions and training to all his employees 
including familiarization with occupational safety and health hazards to 
which the employees are exposed and steps to be taken in case of 
emergency; 
b. 
c. 


7 
d. 
Organize an Occupational Safety and Health Committee (OSH) in the 
workplace to be composed of representatives from the employees and the 
employers to develop and monitor compliance with rules and standards 
on occupational safety and health; 
e. 
Provide adequate occupational health services and organize and 
maintain an occupational safety and health program for his employees to 
protect and enhance their occupational safety and health; and 
appoint/ designate well trained safety-health officers to implement such 
program; 
Furnish employees, at his own expense, protective equipment for any 
part of the body whenever necessary by reason of the hazardous nature 
of the process, environment, working conditions or materials handled; 
Provide complete and thorough medical examinations to his employees, 
free of charge, before entering employment for the first time, yearly, and 
periodically as may be required on account of the conditions or risks 
involved in the work, when injured or ill, or when transferred or 
separated from employment; 
Allow the Secretary or his duly authorized representative access to the 
work premises and records for the purpose of determining compliance 
with provisions of this Code. 
f 
g. 
h,. 
Every employee shall: 
a. 
Comply with occupational safety and health standards and all rules, 
regulations, and orders issued under the Code which are applicable to 
his own actions and conduct; 
Cooperate with the employer in carrying out the provisions of this Code 
and of the occupational safety and health standards issued under this 
Code; 
b. 
c. 
Make proper use of all safeguards and safety devices furnished in 
accordance with he occupational safety and health standards issued 
under this Code for his protection and that of others. 
Any person, including any builder or contractor, who visits and/or conducts 
business in any way with any establishment or workplace shall comply with the 
provisions of this Code, the Standards issued under the Code and other rules and 
regulations that are or may hereafter be issued pursuant thereto, and all regulations 
of the employer issued thereunder. 
SECTION 7. Inclusion Of Occupational Safety And Health (OSH) Provisions In 
Collective Bargaining Agreements. - To ensure that the responsibilities of both 
employers and employees towards a safe and healthy working environment, provisions 


8 
on the adoption of occupational safety and health standards shall be included in 
collective bargaining agreements (CBAs) . 
SECTION 8. Registration - Every employer shall register his business with the 
Department of Labor and Employment or its duly authorized representative or agency. 
A certificate of registration shall be issued: 
a. 
Upon payment of a registration fee and safety inspection fees to be set by 
the DOLE which fees shall be covered by official receipts and shall accrue 
and be deposited with the National Treasury to the credit of the 
Occupational Safety and Health Fund established under this Code; and 
Upon certification under oath by the employer that he has complied with 
the duties of employers as set forth in Section 6 of this Code. 
b. 
The fund accumulated from the registration and inspection fees as well as from 
administrative fines imposed under this Code shall be used for measures, programs, 
projects and activities for the attainment of the objectives of this Code relative to the 
protection and enhancement of the occupational safety and health of employees. 
Registration shall be made by the DOLE after inspection of the working place, 
working conditions, practices, means, methods, operations and processes therein, 
review and approval of required papers and payment of the proper registration and 
inspection fees. Old establishments shall renew registration every year within the first 
twenty (20) days of January upon payment of a renewal fee and upon submission of 
required certification by the employer that the establishment has complied with the 
provisions this Code and with standards issued under this Code and has no pending 
case with the DOLE involving a violation of occupational safety and health standards 
which caused or may cause probable death or serious physical injury to the workers. 
The Municipal Engineer, in case there is one or where there is none, the 
Municipal Planning and Development Coordinator of every municipality is hereby 
deputized to inspect for purposes of registration establishments located in the 
municipality. Inspection and registration shall be done under the supervision and in 
coordination with the regional office of the Department of Labor. Inspection and 
registration fees shall be paid to the municipal treasurer to be remitted to the National 
Treasury to the credit of the occupational safety and health fund. 
Every establishment or workplace shall be inspected at least once a year to 
determine compliance With the provisions of this Code. However, special inspection 
visits may be made to investigate accidents, occupational illnesses or dangerous 
occurrences, to conduct surveys of working conditions for the purpose of evaluating 
and assessing the presence of contaminants and physical conditions in work places 


9 
and work environment, or to conduct investigation, inspection or follow-up inspections 
upon request of an employer, group of workers or a labor union of the establishment. 
The establishment regardless of the size of economic activity in one single 
location shall be one registrable unit. Re-registration as if for a new establishment 
shall be required in cases of change in business name, change in location, change in 
ownership or re-opening after previous closing. 
SECTION 9. Inspection, Investigation And Enforcement. - The Secretary or his 
authorized representative shall have authority: 
a. 
To enter at reasonable time any factory, plant, establishment, 
construction site, workplaces, environment or other area where work is 
performed by the workers of an employer; 
To inspect and investigate during regular working hours and at other 
reasonable times and within reasonable limits and in a reasonable 
manner, any such place of employment and all pertinent conditions, 
structures , machines , apparatus , devices , equipment s and materials 
therein; and 
To question privately any employer, owner, operator, agent or employee. 
b. 
c. 
The Secretary shall have the authority to require the attendance and testimony 
of witnesses and the production of evidence under oath. 
The employer and the employees or their respective representatives shall be 
given an opportunity to accompany the Secretary or his authorized representative 
during the physical inspection of any workplace. Prior to or during the inspection of a 
workplace, any employee or representative of employees employed in such workplace, 
may notify in writing the Secretary or representative of the Secretary responsible for 
conducting the inspection of any violation of this Code which they have reason to 
believe exists in such workplace. The Secretary shall review the findings of his 
representative regarding the inspection of the workplace whether his representative 
issues or refuses to issue a citation with respect to such alleged violation and shall 
furnish the employee or representative of employees a written statement of the reasons 
for the Secretary's final disposition of the case. 
Any employee or representative of employees who believes that a violation of a 
safety or health standard exists that threatens physical harm may request an 
inspection by the Secretary or his authorized representative. The request shall set 
forth with reasonable particularity the grounds for the request and shall be signed by 
the employee or representative of employees, and a copy shall be provided the 
employer or his agent not later than the time of inspection. Upon the request of the 


10 
person making the application for inspection, his name and the names of individuals 
referred to therein shall not appear in such copy or in any record thereof that may be 
published or released. If the Secretary determines that there are no reasonable 
grounds to believe that a violation or danger exists, he shall formally notify the 
employee or representative of employees of such determination. 
If upon inspection or investigation, the Secretary or his authorized 
representative believes that an employer has violated a provision of this Code or of any 
regulation issued pursuant thereto, he shall with reasonable promptness issue in 
writing a citation to the employer describing with particularity the nature of the 
violation, and the particular provision of the Code or the regulation or the standards 
alleged to have been violated. The citation shall fm a reasonable time for the 
abatement of the violation and shall be prominently posted or near the place of 
violation. The citation shall also state the penalty to be imposed and shall advise the 
employer that he has five (5) working days within which to contest the citation. If the 
employer fails to contest the citation within said period, the citation shall be deemed a 
final order. 
If the Secretary has reason to believe, from his own information or based upon 
a report by the employee or representative of employees, that an employer has failed to 
correct a violation for which a previous citation has been issued within the period 
allowed for its correction, the Secretary shall notify the employer of such failure and of 
the penalty to be imposed and that the employer has ten (10) working days within 
which to contest the Secretary's notification and proposed penalty. If within ten (10) 
days from receipt of the Secretary's notification, the employer fails to contest the 
notification and proposed penalty, the notification and penalty shall be deemed a final 
order of the Secretary. The penalty ordered under the notification shall cover the time 
from the end of the period for abatement prescribed in the previous citation until the 
time when the penalty ordered under the notification is satisfied. 
If an employer notifies the Secretary that he intends to contest the citation 
issued under paragraph 5 of this section or the notification issued under paragraph 6 
hereof, or if, within five (5) working days from receipt of a citation issued under 
paragraph 5, any employee or representative of employees files a notice with the 
Secretary alleging that the period of time fmed in the citation for the abatement of the 
violation is unreasonable, the Secretary shall afford an opportunity for a hearing 
between the parties which shall not exceed thirty (30) days at the end of which the 
Secretary shall issue an order, based on findings of fact, affirming, modifying or 
vacating the citation or proposed penalty, or directing other appropriate relief. The 
order shall become final three (3) days after its issuance. 


11 
Upon information furnished by employees or representative of employees of an 
imminent danger in any place or employment, and upon inspection and verification, 
the Secretary shall order such steps to be taken immediately by the employer as may 
be necessary to avoid, correct or remove such imminent danger and prohibit the 
employment or presence of any individual in locations or under conditions where such 
imminent danger exists, except individuals whose presence is necessary to avoid, 
correct or remove such imminent danger or to maintain a continuous process 
operation, or where a cessation of operation is necessary, to permit such to be 
accomplished in a safe and orderly manner. If the employer refuses or fails to comply 
with the order within the period ordered, the Secretary shall issue and order for 
stoppage of operations in the working place and shall impose the appropriate penalty 
effective from the beginning of the period of abatement allowed. 
If the Secretary arbitrarily or capriciously fails to order relief, any employee who 
may be injured by reason of such failure, or the representative of such employees, may 
appeal to the Office of the President to compel action from the Secretary. 
The Secretary shall have the power to issue writs of execution to the 
appropriate authority for the enforcement of his orders. 
Upon a showing by an employer of good faith effort to comply with the 
abatement requirements of a citation and of factors beyond his reasonable control 
which prevented his complying with the abatement requirement within the period 
allowed, and after an opportunity for a hearing as provided in paragraph 7 hereof, the 
Secretary shall issue an order affirming or modifying the abatement requirements. 
No person shall discharge or in any manner discriminate against any employee 
because such employee has filed any complaint or instituted or cause to be instituted 
any proceeding under or related to this Code or have testified or is about to testify in 
any such proceeding or because of the exercise by such employee on behalf of himself 
or other of any right afforded under this Code. 
Any employee who believes that he has been discharged or otherwise 
discriminated against by any person as provided in the preceding paragraph may, 
within thirty (30) days after such violation, file a complaint with the Secretary alleging 
such discrimination. Upon receipt of such complaint, the Secretary shall cause an 
investigation to be made and shall afford an opportunity for a hearing between the 
parties. The hearing shall be concluded within thirty (30) days and the Secretary shall 
thereafter issue an order providing appropriate relief including rehiring or 
reinstatement of the employee to his former position with backwages. 


12 
No person shall give advance notice of any inspection to be conducted under 
this Code without authority from the Secretary. 
SECTION 10. Record Keeping And Reporting. Each employer shall make, keep, 
preserve and make available to the Secretary and the Secretary of Health such records 
regarding his activities relating to this Code which the Secretary may by regulation 
prescribe as necessary or appropriate for the enforcement of this Code or which the 
Secretary of Health may deem necessary for developing information regarding the 
causes and prevention of work accidents, work injuries and illnesses. Such records 
shall include periodic reports on work-related deaths, injuries and illnesses as well as 
accurate records of employee exposures to potentially toxic materials or harmful 
physical agents which the employer shall periodically monitor or measure and which 
shall be open at all times for inspection to authorized personnel. Any information 
obtained by they Secretary or the Secretary of Health shall be obtained with a 
minimum burden upon employers. 
Employers shall keep their employees informed of their protections and 
obligations under this Act by posting notices or by other appropriate means. 
Employers shall provide employees or their representatives the opportunity to observe 
the monitoring or measuring of employee exposures to potentially toxic materials or 
harmful physical agents, shall give employees or their representatives access to the 
records thereof, shall promptly notify any employee who has been or is being exposed 
to such toxic materials or harmful physical agents in concentration or levels which 
exceed those prescribed under applicable occupational safety and health standards 
promulgated under this Code, and shall inform any employee who is being thus 
exposed of the corrective measures being taken. 
Records and reports required under this section shall be distinct and 
independent of those required by the Employees Compensation Commission (ECC) or 
those under any other law. 
Exposure to work injuries shall be measured by the total number of hours of 
employment of all employees in each establishment or reporting unit. Employee hours 
of exposure for calculating work injury rates are intended to be actual hours worked. 
When actual hours are not available, estimated hours may be used. 
The Secretary in consultation with the Secretary of Health, shall set within 
three (3) months from the effectivity date of this Code, reasonable and achievable 
minimum levels of injury frequency and severity in all branches of economic activity. 


13 
SECTION 1 1. Research And Related Activities, Employee Education And 
Training. - The Department of Health (DOH) shall exercise and discharge the following 
powers and functions: 
a. 
Conduct research, experiments, and demonstrations relating to 
occupational safety and health, including studies of psychological factors 
involved, and relating to innovative methods , techniques, and 
approaches for dealing with occupational safety and health problems; 
Consult with the Secretary of Labor and Employment on such research, 
demonstrations and experiments as are necessary to develop and 
produce criteria to enable the Secretary of Labor and Employment to 
meet his responsibility in the formulation of safety and health standards 
under this Code and shall publish such criteria at least annually; 
On the basis of such research, demonstration and experiment and any 
other information available to it, develop criteria dealing with toxic 
materials and harmful physical agents and substances which will 
establish exposure levels that are safe for various kinds and periods of 
employment, including but not limited to the exposure levels at which no 
employee will suffer impaired health or functional capacities or 
diminished life expectancy as a result of his work experience. It shall also 
conduct special research, experiments and demonstrations as are 
necessary to explore problems relating to women workers, new problems 
including those created by new technology and those relating to 
motivational and behavioral factors relating to the field of occupational 
safety and health; 
In order to develop information regarding potentially toxic substances or 
harmful physical agents, recommend to the Secretary of Labor 
regulations requiring employers to measure, record, and make reports on 
the exposure of employees to substances or physical agents which the 
Secretary of Labor reasonably believes may endanger the safety or health 
of employees; 
Establish such programs of medical examinations and tits as may be 
necessary for determining the incidence of occupational illnesses and the 
susceptibility of employees to such illnesses. Nothing in this Code shall 
be deemed to authorize or require medical examination, immunization, 
or treatment for those who object thereto on religious grounds, except 
where such is necessary for the protection of the safety or health of 
others; 
b. 
c. 
d. 
e. 
f. 
Determine , upon written request by any employer or authorized 
representative of employees, specifying with reasonable particularity the 
grounds on which the request is made, whether any substance normally 
found in the place of employment has potentially toxic effects in such 


14 
concentrations as used or found, and shall submit his determination 
both to employers and affected employees as soon as possible; 
Publish at least annually a list of all known toxic substances by generic 
family or other useful grouping, and the concentrations at which such 
toxicity is known to occur. It shall also conduct and publish 
industry-wide studies of the effect of chronic or low-level exposure to 
industrial materials, processes and stresses on the potential for illness, 
disease or loss of functional capacity in aging adults and in women 
workers; 
In consultation with the Secretary and other appropriate government 
agencies, conduct education programs to provide an adequate supply of 
qualified personnel to carry out the purposes of this Code, and 
information programs on occupational safety and health of employees; 
Conduct inspections and examine employers and employees in order to 
carry out its functions and responsibilities under this section. 
g. 
h. 
i. 
The Secretary of Labor shall, on the other hand, have authority to: 
a. 
Enter into contracts, agreements, or other arrangement, with appropriate 
public agencies or private organizations for the purpose of conducting 
studie,s relating to his responsibilities under the Code; 
Consult and cooperate with the Secretary of Health in order to avoid any 
duplication of efforts under this section; 
b. 
c. 
In consultation with the Secretary of Health and other government 
agencies, develop and maintain an effective program of collection, 
compilation and analysis of occupational safety and health statistics 
including statistics on all disabling, serious, or significant injuries and 
illnesses, whether or not involving loss of tipe from work, other than 
minor injuries requiring only first aid treatment and which do not involve 
medical treatment, loss of consciousness, restriction of work or motion, 
or transfer to another job. 
Information obtained by the Secretary and Secretary of Health 
under this section shall be disseminated at least annually by the 
Secretary to employers and employees and organizations thereof. 
d. 
In consultation with the Secretary of 
Health, provide for the 
establishment and supervision of programs for the education and 
training of employers and employees in the recognition, avoidance, and 
prevention of unsafe or unhealthful working conditions in employment 
covered by this Code and shall consult with and advise employers and 
employees as to effective means of preventing occupational injuries and 
illnesses. The Secretary is also authorized: (i) to accredit organizations or 
groups of persons to engage in the education training of personnel and, 


15 
(ii) to conduct short-term training of personnel engaged in work related 
to his responsibilities under this Code. 
SECTION 12. Standards-Promulgation, Modification And Revocation. - The 
Secretary may by rule promulgate, modify or revoke any occupation safety or health 
standards in the following manner: 
a. 
Whenever the Secretary, upon the basis of information submitted to him 
in writing by any interested person, a representative of any organization 
of 
employers 
or 
employees, 
safety 
practitioners/consultants/organizations accredited with the Bureau of 
Working Conditions, the Director of the Occupational Safety and Health 
Center, the Secretary of the Department of Health or on the basis of 
information developed by the Secretary or otherwise available to him, 
determine that a rule should be promulgated in order to serve the 
objectives of this Code, the Secretary may request the recommendation of 
an advisory council composed of the Secretary of the Department of 
Health, the Department of Environment and Natural Resources, the 
Department of Agriculture, the Department of Transportation and 
Communication or their representatives and the Director of the 
Occupational and Safety Center which council shall submit its 
recommendations to the Secretary within three (3) months. The Secretary 
may provide such advisory council with proposals of his own. The 
proposed rule promulgating, modifying, or revoking an occupational and 
safety, or health standard shall be published for two (2) weeks in a 
newspaper of general circulation within thirty (30) days after its 
submission of the council's recommendation. 
The Secretary shall afford interested persons a period of thirty (30) days 
after publication, to submit written data or comments or objections to 
the proposed rule, stating the grounds therefore and requesting a public 
hearing on such objections. Within thirty (30) days after expiration of the 
period for submitting written data or comments or within thirty (30) days 
after completion of a hearing held on the objections, which hearing shall 
be for a period not exceeding sixty (60) days, the Secretary shall issue a 
rule promulgating, modifying or revoking an occupational safety or 
health standard or make a determination that a rule should not be 
issued. Such rule may contain a provision delaying its effective date for a 
period not exceeding sixty (60) days as the Secretary determines may be 
necessary to insure that affected employers and employees will be 
informed of the existence of the standard and of its terms and that 
employers affected are given an opportunity to familiarize themselves and 
their employees and to implement the requirements of the standard. 
b. 


16 
The S e c r e t e ,  in promulgating standards dealing with toxic materials or 
harmful physical agents, shall set the standards which most adequately assure, to the 
extent feasible, on the basis of best available evidence, that no employee will, suffer 
material impairment in health or functional capacity even if such employee has 
regular exposure to the hazard dealt with by such standard for the period of his 
working life. Development standards shall be based upon research, demonstrations, 
experiments gained under the health and safety laws, latest available scientific data in 
the field, feasibility of the standards and such other information as may be 
appropriate. 
The Secretary may, upon application by an employer, grant an order allowing a 
variance from a standard or a provision thereof if the employer establishes that: 
a. 
He is unable to comply with the standard by its effective date because of 
unavailability of professional or technical personnel or of materials and 
equipment needed to come into compliance with the standard or because 
necessary construction or alteration of facilities cannot be completed by 
the effective date; 
He is taking all available steps to safeguard his employees against the 
hazards covered by the standard; 
b. 
c. 
He has an effective program for coming into compliance with the 
standard as quickly as practicable; 
An application for a temporary order under the preceding paragraph shall 
contain: 
a. 
A specification of the standard or portion thereof from which the 
employer seeks to variance; 
A manifestation by the employer, supported by representations from 
qualified persons having firsthand knowledge of the facts represented, 
that he is unable to comply with the reasons there06 
A statement of the steps he has taken and will take, with specific dates, 
to protect employees against the hazard covered by the standards; 
A statement of when he expects to be able to comply with the standard 
and what steps he has taken and will take, with specific dates, to comply 
with the standard; and 
A certification that he has informed his employees of the application by 
giving a copy thereof to their authorized representative, and by posting a 
copy thereof at the place or places where notices to employees are 
normally posted. 
b. 
c. 
d. 
e. 
Any temporary order issued by the Secretary shall prescribe the practices, 
means, methods, operations, and processes which the employer must adopt and use 


17 
while the order is in effect and state in detail his program for coming into compliance 
with the standard. Such temporary order may be granted only after notice to the 
employees and an opportunity for a hearing which shall be for a period not exceeding 
sixty (60) days, provided that the Secretary may issue one (1) interim order to be 
effective until the decision is made on the basis of the hearing. No temporary order 
may be in effect for longer than the period needed by the employer to achieve 
compliance with the standard or three (3) months, whichever is shorter. The Secretary 
shall issue a temporary order based on the hearing within one month after the 
expiration of the hearing. 
The Secretary is also authorized to grant variance from any standard or portion 
thereof whichever he determines, or the Secretary of Health certifies, that such a 
variance is necessary to permit an employer to participate in an experiment approved 
by him or the Secretary of Health designed to demonstrate or validate new and 
improved techniques to safeguard the safety or health of employees. 
The Secretary shall provide for an emergency temporary standard to take 
immediate effect upon publication in an newspaper of general circulation if he 
determines that: 
a. 
Employees are exposed to a grave danger from exposure to substances or 
agents determined to be toxic or physically harmful or from new hazards; 
and 
That such emergency standard is necessary to protect the employees 
from such danger. Such standard shall be effective until superseded by 
a standard promulgated in accordance with the procedures described in 
this section. Upon publication of such temporary standard, the Secretary 
shall commence a proceeding in accordance this section and the 
temporary standard as published shall also serve as a proposed 
ruIe/standard for consideration of the advisory council. The Secretary 
shall promulgate a standard under this paragraph not later than six (6) 
months after the publication of the emergency standard. 
b. 
Any standard promulgated under this section shall prescribe the use of labels 
or other appropriate forms of warning as are necessary to insure that employees are 
apprised of all hazards to which they are exposed, relevant symptoms and appropriate 
emergency treatment, and proper conQtions and precautions of safe use or exposure. 
Where appropriate, such standard shall also prescribe suitable protective equipment, 
and control or technological procedures to be used in connection with such hazards 
and shall provide for monitoring or measuring employee exposure at such locations 
and intervals, and in such manner as may be necessary for the protection of 
employees. Such standard, where appropriate, shall also prescribe the type and 


18 
frequency of medical examinations or other tests which shall be made available, by the 
employer or at his cost, to employees exposed to such hazards in order to most 
effectively determine whether the health of such employees is adversely affected by 
such exposure. Where such medical examinations are in the nature of research, as 
determined at the expense of the Secretary of Health, make appropriate modifications 
in the foregoing requirements regarding the use of labels or other forms of warning, 
monitoring or measuring and medical or technological developments acquired 
subsequent to the promulgation of the relevant standard. 
An affected employer may apply to the Secretary for a rule or variance from a 
standard promulgated under this section. Affected employees shall be given notice of 
such application and an opportunity to participate in a hearing. The Secretary shall 
issue such rule or order if he determines on the record, after opportunity for an 
inspection and a hearing, that the proponent of the variance has demonstrated by a 
preponderance of evidence that the conditions, practices, means, methods, operations 
or processes used or proposed to be used by an employer will provide employment and 
places of employment to his employees which are as safe and healthful as those which 
would prevail if he complied with the standard. The rule or order so issued shall 
prescribe the conditions the employer must maintain and the practices, means, 
methods, operations, and processes which he must adopt and utilize to the extent 
they differ from the standard in question. Such a rule or order may be modified or 
revoked upon application by an employer, employees, or by the Secretary on his own 
motion in the manner prescribed for its issuance under this section at any time after 
six months from its issuance. 
Whenever the Secretary promulgates any standard, makes any rule, order or 
decision, grants any exemption or extension of time, or compromises, mitigates or 
settles any penalty assessed under this Code, he shall include a statement of the 
reasons for such action which shall be published in a newspaper of general 
circulation. 
Any person who may be adversely affected by a standard issued under this 
section may at any time prior to the sixtieth day after such standard is promulgated 
file a petition with the Secretary challenging the validity of such standard and 
requesting for a hearing which shall proceed in the manner provided under subsection 
1 paragraph (b). The filing of such petition shall not, unless otherwise ordered by the 
Secretary operate as a stay of the standard. 
SECTION 13. Trade Secrets. - All information reported to or otherwise obtained 
by the enforcement officer in connection with any inspection or proceedings under this 
Code, which contains or might reveal a trade secret shall be considered confidential 


19 
except that such information may be disclosed to other officers or employees 
concerned with carrying out this Code or may be revealed in any proceeding where it 
is required or necessary. 
SECTION 14. Annual Report. - The Secretary of Labor and Employment and the 
Secretary of Health shall each prepare and submit annually to the President for 
transmittal to the Congress a report upon the subject matter of this Code, the 
progress toward the achievement of the purpose of this Code, the needs and 
requirements in the field of occupational safety and health, and any other relevant 
information with such recommendations for additional legislation as may be deemed 
necessary to protect the safety and health of workers and for the better administration 
and enforcement of this Code. 
SECTION 15. Penalties. - In addition to the penalties provided for by existing 
laws, administrative fines for violations of this Code shall be assessed as follows: 
a. 
Any employer who willfully violates the requirements of Section 6 of this 
Code or regulations prescribed pursuant to this Code, shall be assessed 
as an administrative fine of not less than Ten Thousand Pesos (P10,OOO) 
nor more than Twenty Thousand Pesos (P20,OOO) for each violation. 
Any employer who willfully or repeatedly violates any standard, rule or 
order promulgated pursuant to Section 11 of this Code or regulations 
prescribed pursuant thereto shall be assessed an administrative fine of 
not less that Ten Thousand Pesos (P10,OOO) nor more than Thirty 
Thousand Pesos (P30,OOO) a day, depending upon the gravity of the 
violation, starting from the date the violation is uncovered until the sarne 
has been corrected by the offender. 
Any person who gives advance notice of any inspection to be conducted 
under this Code, shall be assessed a fine of not less than Five Thousand 
Pesos (P5,OOO) nor more than Twenty Thousand Pesos (P20,OOO). 
b. 
c. 
d. 
Whoever knowingly makes any false statement, representation, or 
certification in any application, record, report, plan, or other document 
filed or required to be maintained pursuant to this Code shall be 
assessed a fine of not less than Ten Thousand Pesos (P10,OOO) nor more 
than Thirty Thousand Pesos (P30,OOO). 
Any employer who violates any of the posting requirements as prescribed 
under the provisions of this Code shall be assessed a fine of not less than 
Five Thousand Pesos (P5,OOO) nor more than Fifteen Thousand Pesos 
(P15,OOO) for each violation. 
e. 
SECTION 16. Implementing Rules And Regulations. - The Secretary of the 
Department of Labor and Employment, and the Secretary of Health shall each 


20 
promulgate such rules and regulations as may be deemed necessary to carry out their 
responsibilities under this Code. 
SECTION 17. Special Fund. - The administrative fines assessed and collected 
under this Code shall accrue to a special fund to be known as the "Occupational 
Safety and Health Fund" which shall be used for measures, programs, projects and 
activities for the attainment of the objectives of this Code for the protection and 
enhancement of the occupational safety and health of workers. The Fund shall be 
managed by a board composed of the Secretary of Labor and employment as 
chairman, and the Secretaries of the Department of Health (DOH), Department of 
Agriculture (DA), Department of Environment and Natural Resources (DENR) and the 
Department of Transportation and Communication (DOTC) as well as the Director of 
the Occupational Safety and Health Center, as members. 
SECTION 18. Separability Clause. - If any provision or part of this Code , or the 
application thereof to any person or circumstance is held invalid, the remainder of this 
Code and the application of such provision or part to other persons or circumstances 
shall not be affected thereby. In case any standard adopted or promulgated under this 
Code conflicts, duplicates or overlaps with any of those prepared and implemented by 
other government agencies, such conflict, duplication or overlapping shall be resolved 
by the advisory council provided for under Section 11. 
SECTION 19. Repealing Clause. - Articles 162, 163, 164 and 165 of the Labor 
Code of the Philippines are hereby repealed and superseded by this Code, Article 166 
of the Labor Code is hereby renumbered Article 162 and the succeeding articles from 
Article 167 to 302 are likewise renumbered successively. All occupational safety and 
health laws, standards, rules and regulations inconsistent with this Code are hereby 
repealed. 
SECTION 20. Effectivity Clause. - This Code shall take effect fifteen (15) days 
after its publication in the Official Gazette or in at least two (2) newspapers of general 
circulation. 
Approved,