SIXTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
) 
Second Regular Session 
) 
'1:5 
MAY26 P4:10 
SENATE 
Senate Bill No, 
2788 
INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA 
AN ACT 
STRENGTHENING COMPLIANCE WITH OCCUPATIONAL SAFETY AND 
HEALTH STANDARDS 
EXPLANATORY NOTE 
Fatal accidents remain to be prevalent across various industries and 
corresponding accident investigations become unceasing. 
There have been 
numerous investigations triggered by death of workers because of non-
compliance with the Occupational Safety and Health (OSH) Standards including 
Department Order No. 13 of the Department of Labor and Employment (DOLE) -
Guidelines Governing Occupational Safety and Health in the Construction 
Industry. 
These fatal accidents and disabling injuries in various companies have already 
become a usual occurrence. There are those that employ more than 17,000 
workers who are exposed to workplace hazards because of non-compliance with 
existing OSH standards. The Department of Labor and Employment, through the 
Occupational Safety and Health Center, has conducted inspections and accident 
investigations on these companies and thereafter assist them by giving their 
personnel Basic Occupational Safety and Health Course and OSH orientations. 
While some may have learned their lessons, still aplenty continue to encounter 
accidents in their place of work. 
Some companies would even deny DOLE and 
OSH officials entry into the worksite thereby preventing investigation and audit of 
compliance. 
One of the most tragic accidents in recent years is that of Eton Properties 
construction project in Makati wherein ten (10) of its workers plunged to their 
death after the scaffolding bearing them collapsed. This accident prompted the 
creation of the Joint Administrative Order No. 1 Series of 201, issued by 
Department of Trade and Industry (DTI), Department of Interior and Local 
Government (DILG), Department of Public Works and Highways (DPWH), DOLE 
and Professional Regulation Commission (PRC) to amplify 0.0.13. Recognizing 
the importance of addressing this gap, DPWH also issued Memorandum Circular 
No. 02 series of 2011 which requires all contractors to be in possession of a 
DOLE-approved Construction Safety and Health Program (CSHP) before 
commencing any construction work. It likewise directs all Building Officials to 
make a DOLE-approved CSHP a condition to the issuance of any building 
permit. DOLE will only approve a CSHP submitted by a licensed contractor. 
Unlicensed contractors can therefore not comply with DOLE DO 13. 


Under the present rules and standards promulgated by DOLE on occupational 
safety and health (aSH) in the working environment, an erring company may be 
imposed any of the following penalties for having violated the Labor Code of the 
Philippines and the Occupational Safety and Health Standards: 
a) 
In cases of imminent danger, the DOLE Regional Director can 
issue work stoppage order; 
b) 
There are penal sanctions for erring employers under the Article 
288 of the Labor Code of the Philippines: 
i. Fine of not less than 1"1,000.00 nor more than 
1"10,000.00; 
ii. Imprisonment of not less 3 months nor more than 3 
years; or, 
iii. Both fine and imprisonment at the discretion of the court. 
These sanctions have not deterred recurring aSH issues in workplaces. 
Accidents and deaths in the construction industry continue to happen one after 
the other. 
These and a multitude of continuous violations in many establishments merit a 
more concerted effort and legislation to ensure that companies violating the aSH 
standards suffer the consequences of their inaction and non-compliance. Time 
and again, it has been proven that non-compliance with aSH laws and 
regulations would often lead to serious accidents, injuries and/or illnesses and 
even fatalities. The engagement of unlicensed contractors, failure of companies 
to comply with aSH standards and engagement of lower labor cost to the 
detriment of workers' health and safety has to stop. 
This measure puts in explicit terms the need to criminalize non-compliance with 
occupational safety and health standards as done in countries like Singapore and 
the USA where significant compliance to the aSH regulations correspond to less 
accidents and injuries being experienced by workers. This bill also makes any 
employer directly responsible for an employee's injury or death due to the 
violation of Standards. 
The responsibility of the employer is extended to 
payment of required penalties to the State Insurance Fund. 
In order to strengthen the advocacy, prevention and enforcement efforts of the 
DOLE and other agencies on work accidents, injuries and illnesses, a stronger 
legislation that would criminalize non-compliance with occupational safety and 
health standards has become necessary, thus making the enactment of this bill 
into law imperative. 
Senator 


, , 
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SIXTEENTH CONGRESS OF THE REPUBLIC) 
(~Ihrl' t,t Hl>' >1'ITl"br¥. 
OF THE PHILIPPINES 
) 
Second Regular Session 
) 
'15 
t1AY 26 P4 :10 
SENATE 
Senate Bill No. 2788 
INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA 
AN ACT 
STRENGTHENING COMPLIANCE WITH OCCUPATIONAL SAFETY AND 
HEALTH STANDARDS 
Be it enacted by the Senate and the House of Representatives of the Philippines 
in Congress assembled: 
1 
Section 1. 
Title. -
This Act shall be known as "An Act Strengthening 
2 
Compliance with Occupational Safety and Health Standards". 
3 
4 
5 
Sec 2. Declaration of Policy. -The State shall protect every worker against the 
6 
dangers of injury, sickness or death through safe and healthful working 
7 
conditions, thereby assuring the conservation of valuable manpower resources 
8 
and the prevention of loss or damage to lives and properties, consistent with 
9 
national development goals and with the State's commitment for the total 
10 
development of every worker as a complete human being. 
11 
12 
13 
Sec 3. 
Duties of Employers, Workers and Other Persons.- (1) Each 
14 
employer, including project owner covered by the provisions of this Act shall: 
15 
a. furnish his workers a place of employment free from hazardous conditions 
16 
that are causing or are likely to cause death, illness or physical harm to his 
17 
workers; 
18 
b. give complete job safety instructions to all his workers, especially to those 
19 
entering the job for the first time, including those relating to the 
20 
familiarization with their work environment, hazards to which the workers 
21 
are exposed to and steps taken in case of emergency; 
22 
c. comply with the requirements of this Act; 
23 
d. use only approved devices and equipment in his workplace; and, 
24 
e. compliance with OSH standards - include training, medical examination, 
25 
and provision of protective and safety devices, e.g., PPES and machine 
26 
guards. 
27 
28 
(2) Every worker shall cooperate with the employer in carrying out the provisions 
29 
of this Act. 
He shall report to his supervisor any work hazard that may be 
30 
discovered in his workplace. 
31 
32 
(3) Every worker shall make proper use of all safeguards and safety devices 
33 
furnished in accordance with the provisions of this Act for his protection and that 
1 


1 
of others, and shall follow all instructions given by the employer in compliance 
2 
with the provisions of this Act. 
3 
4 
(4) It shall be the duty of any person, including any builder or contractor or 
5 
enforcement agent, who visits, builds, renovates, or installs devices, or conducts 
6 
business in any establishment or workplace, to comply with the provisions of 
7 
these standards and all regulations of the employer issued thereunder as well as 
8 
with other subsequent issuances of the Secretary. 
9 
10 
11 
Sec 4. Employer's Liability for Failure to Provide OSH Control Measures. -
12 
In case the employee's injury, illness or death was due to the failure of the 
13 
employer to comply with any law, or to install, maintain or provide safety and 
14 
health control measures, or take other precautions for the prevention of injury, 
15 
illness or death, said employer shall pay to the State Insurance Fund a penalty of 
16 
twenty-five percent (25%) of the lump sum equivalent of the income benefit 
17 
payable by the System to the employee after due process. 
18 
19 
20 
Sec 5. Workers Right to Know and Limited Right of Refusal to Work. - The 
21 
right to safety and health at work has been stipulated in the 1987 Philippine 
22 
Constitution. This shall cover information on the hazards in their workplaces, 
23 
access to training and education on chemical safety and orientation on safety 
24 
data sheet of a chemical. 
25 
26 
The worker has the right of refusal to work if an imminent danger situation exists 
27 
in the workplace that may result to illness, injury or death and until the corrective 
28 
actions to eliminate the danger is taken by the employer. 
29 
30 
Imminent danger refers to a condition or practice in any workplace that can be 
31 
reasonably expected to cause death or serious physical harm. 
32 
33 
34 
Sec 6. 
Payment of Workers Income During Work Stoppage Due to 
35 
Imminent Danger. - If a work stoppage order (WSO) is issued secondary to an 
36 
Imminent Danger Situation which would imperil the lives of the workers, for 
37 
purposes of payment of wages and any other liabilities arising from the WSO, the 
38 
employer is presumed a party at fault. 
39 
40 
41 
Sec 7. Employee's Compensation Claim. - An employee may file claims for 
42 
compensation benefit arising out of work-related disability or death. Such claims 
43 
shall be processed independently of the finding of fault, gross negligence or bad 
44 
faith of the employer in a proceeding instituted for the purpose. 
45 
46 
47 
Sec 8. 
Visitorial Power of the Secretary of Labor and Employment. -
48 
Pursuant to Article 128 of the Labor Code, as amended, and other applicable 
49 
laws, the Secretary of Labor and 
Employment or his/her authorized 
50 
representative shall have the authority to enforce mandatory occupational safety 
51 
and health standards in all establishments. As such, the Secretary or his duly 
52 
authorized representatives can enter workplaces at any time of the day or night 
53 
where work is being performed to examine records and investigate fact, 
54 
conditions or matters necessary to determine if there is conformity with the 
55 
provisions of this Act. 
56 
z 


1 
Any person or entity shall not obstruct, impede, delay or otherwise render 
2 
ineffective the orders of the Secretary of Labor and Employment or his duly 
3 
authorized representatives issued pursuant to the authority granted under Article 
4 
128 of the Labor Code of the Philippines, as amended, and no inferior court or 
5 
entity shall issue temporary or permanent injunction or restraining order or 
6 
otherwise assume jurisdiction over any case involving the enforcement orders. 
7 
8 
Sec 9. Unlawful Acts. -The following are considered as unlawful acts: 
9 
a. Obstruction or refusal of entry to the Secretary of Labor or his/her 
10 
representative/s in the exercise of visitorial and enforcement power; 
11 
b. Failure to comply with the compliance orders issued by the 
12 
Secretary/authorized representatives based on the findings of violations 
13 
by the labor laws compliance officers; 
14 
c. Gross negligence of the employers/contractors in complying with the 
15 
provisions of OSH; or 
16 
d. Failure to implement OSH control measures resulting to death or 
17 
permanent disability of workers. 
18 
19 
The criminal acts enumerated herein shall be punishable with a maximum fine of 
20 
P100, 000.00 per day until the violation has ceased, without prejudice to the filing 
21 
of criminal or civil case in regular courts as the case maybe. 
22 
23 
A portion of the collected payment shall be used for the operation of occupational 
24 
safety and health initiatives including but not limited to occupational safety and 
25 
health training and education and other occupational safety and health programs. 
26 
27 
28 
Sec 10. Implementing Rules and Regulations. - The DOLE, in coordination 
29 
with agencies concerned, shall formulate its rules and regulations within ninety 
30 
(90) days after the effectivity of this Act. 
31 
32 
33 
Sec 11. Separability Clause. - If any part, section or provision of this Act shall 
34 
be held invalid or unconstitutional, the other provisions not affected by such 
35 
declaration shall remain in full force and effect. 
36 
37 
38 
Sec 12. Repealing Clause. - All laws, acts, decrees, executive orders, rules 
39 
and regulations or other issuances or parts thereof, which are inconsistent with 
40 
this Act, are hereby modified and repealed. 
41 
42 
43 
Sec 13. 
Effectivity. - This Act shall take effect fifteen (15) days after its 
44 
publication in the Official Gazette or in at least two (2) newspapers of national 
45 
circulation. 
46 
47 
48 
49 
50 
51 
Approved, 
3