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Republic of the Philippines

HOUSE OF REPRESENTATIVES|} Ls
Quezon City, Metro Manila FINE,

SEVENTEENTH CONGRESS
First Regular Session

677 _ RERSRATON URN

House Bill No. ~ | ke BILLS ANY INTE SERWGE

Introduced by DIWA Party-list Representative Emmeline Y. Aglipay — Villar

EXPLANATORY NOTE

As employers, itis only just and fair to prioritize the health and safety of our workers.
The protection and welfare of construction workers, in particular, must be ensured as they are
consistently exposed to arduous and fatal working conditions every day. Considering that the
construction industry is a major contributor to the Philippine economy, | believe that the State
has an obligation to give proper attention to legislations that better ensure the well-being of
our construction workers.

Just recently, an accident at the Ninoy Aquino Intemational Airport Expressway
Phase 2 occurred wherein a 42-year old construction worker died from falling 50 feet after
one of the nearby electricity posts had a short circuit, distracting the victim and causing him
to fall. The incident was mainly triggered by the lack of proper safety harnesses. Such
accident and similar others around the country in the past years could have been avoided if
only safety standards for construction sites were strictly followed.

Given the rapidly increasing number of construction-related accidents, I believe that
workplace safety legislations should include precautionary measures that particularly pre-
empt the leading causes of construction-related accidents such as falling off elevated area
electrocution, or being struck by heavy equipment. This bill, based on House Bill No. 4594
filed by Rep. Karlo Alexei B. Nograles, adopts the provisions of 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, and seeks to address the
loopholes of workplace safety and regulatory standards, while particularly focusing on
construction employees.

Lote Valles
EMMELINE Y. AGLIPAY - VILLAR
Representative, DIWA Party-list,

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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

SEVENTEENTH CONGRESS
First Regular Session

House Bill No,_ 877

Introduced by DIWA Party-list Representative Emmeline Y. Aglipay — Villar

AN ACT INSTITUTIONALIZING OCCUPATIONAL HEALTH AND
SAFETY OF WORKERS IN THE CONSTRUCTIONNDUSTRY

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 P¢ ~ The State shall afford protection and welfare
to workers employed in the construction industry and to the general public withit 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.

¢.) "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).

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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.

1) "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.

2) "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 through others, construct, alter, repair, add to, subtract from,
improve, move, wreck or demolish any building, highway, road, railroad,
excavation or 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 réasoriably be
expected to cause death or serious physical harm before abatement under the
normal enforcement procedure can be accomplished.

}) "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 the DOLE as
provided for by law in Art. 162 and 165, Chapter 2, Title I 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

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i) Accident/Incident/Iliness 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;

©) 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
rules 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:

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

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

e) Workers Representatives.
The persons constituting the Safety and Heath 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

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shall provide protective equipment, free of charge to the workers, for eyes, face, hands and
feet, lifeline, safety belt/hamess 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.

Alll 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 Program is duly followed and enforced at the construction
project site, each construction project site is required to have a fall 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;

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

) sue 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.

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SECTION 11. CONSTRUCTION SAFETY SIGNAGES AND DEVICES. -
Construction safety signages and devices must be provided to war 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 -

a) 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.

b) 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.

©) All site personnel shall undergo the mandatory one (1) day (eight
hours) safety and health orientation/seminar as required by the DOLE, and
as a prerequisite for the issuance of construction competency registry card
by the CLAP,

4) 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.

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

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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 the 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;

¢

when the job requires a relatively long period of education and training:
and

4) 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;
©) 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.

CTION 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

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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 noncompliance 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 the 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. Violation of this provision
will merit a fine of Php100,000.00 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 offen: 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 PICAS license, or both depending on the gravity of the damage incurred.
Provided, 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 22. SEPARABILITY 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 23. REPEALING CLAUSE. - All other laws, decrees, orders, issuances,
rules and regulations that are inconsistent with any provision of this Act are hereby repealed,
amended or modified accordingly.

SECTION 24, 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,

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