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Republic of the Philippines |

HOUSE OF REPRESENTATIVE!
Quezon City, Metro Manila

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BY

SEVENTEENTH CONGRESS
First Regular Session

64

REGISTRATION Ul
BILLS AND INDEX SERVICE

HOUSE BILL NO.

Introduced by: Hon. Karlo A. B. Nograles AND Hon. Jericho Jonas B. Nograles

EXPLANATORY NOTE

Occupational risks and hazards are emerging in workplaces in the advent of new
technologies, materials and substances. High rate of workplace or worksite accidents will likely
occur if appropriate interventions or measures to prevent accidents and injuries are absent.This,
requires the enhancement of the Philippine occupational safety and health policies particularly with
regard to industrial accident prevention, workplace improvement and accident compensation.

Under the present law, the Department of Labor and Employment enforces occupational
safety and health (OSH) standards through inspections and accident investigations. But violation of
occupational health and safety standards may only merit a work stoppage order covering only the
area of accident for correction in case of death, injuries or imminent danger. The Labor Code, as
amended, did not declare flagrant or wanton disregard of OSH standards unlawful with
corresponding penalties. Thus, despite the approaches to ensure compliance with OSH
standards, work-related accidents, injuries and/or illnesses and including fatalities continue to occur
in various industries in the country.

This merits the enactment of this Bill to strengthen compliance with OSH standards by:
(outlining the responsibilities of both the employers and workers; (2) mandating the creation of
workplace OSH structures; (3)imposing administrative and criminal penalties in the form of fine
and imprisonment for non-compliance thereof just like in Singapore and the USA;(4) imposing
joint and solidary liability of employer,contractors and subcontractors forOSH compliance; and (5)
provide for compensation and employment insurance benefits as well as payment of required
penalties to the State Insurance Fund.

Hence. the passage of this bill into law is earnestly sought.

ENT ATIVES

HON. KARLO A. B. NOGRALES HON. JRRICHD'JONAS B. NOGRALES


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

SEVENTEENTH CONGRESS
First Regular Session
HOUSE BILL NO. 64

INTRODUCED BY: Hon. Karlo A. B. Nograles AND Hon. Jericho Jonas B. Nograles

AN ACT
STRENGTHENING COMPLIANCE WITH OCCUPATIONAL SAFETY AND HEALTH
STANDARDS AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF

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

CHAPTER I
DECLARATION OF POLICY

SECTION 1. Declaration of Policy. — The State affirms labor as a primary social and
economic force and that a safe and healthy workforce is an integral aspect of nation building.

The State shall ensure a safe and healthful workplace for all working people by affording
them full protection against all hazards in their work environment, It shall ensure that the
provisions of the Labor Code of the Philippines, all domestic laws, and internationally-recognized
standards on occupational safety and health are being fully enforced and complied with by the
employers, and it shall provide penalties for any violation thereof.

The State shall protect every worker against injury, sickness or death through safe and
healthful working conditions, thereby assuring the conservation of valuable manpower resources
and the prevention of loss or damage to lives and properties consistent with national development
goals and with the State's commitment to the total development of every worker as a complete
human being.

The State, in protecting the safety and health of the workers, shall promote strict but dynamic,
inclusive and gender-sensitive measures in the formulation and implementation of policies and

programs related to occupational safety and health.


SEC. 2. Coverage. — This Act shall apply to all establishments, projects, sites and all other
places in all industries where work is being undertaken in all branches of economic activity
regardless of the number of employees, nature of operations, and the risk or hazard involved.

SEC. 3. Definition of Terms. — As used in this Act:

(a) Branches of economic activity refer to undertakings in which workers are employed,
except those in the public sector;

(b) Certified first-aider refers to any person trained and duly certified or qualified to
administer first-aid by any organization authorized by the Secretary of Labor and Employment;

(c) Competency standards refer to industry-determined specification of proficiency required
for effective work performance. These are expressed as outcomes with focus on workplace activity
rather than training or personal attributes, and the ability to apply new skills in new situations or

changing work organizatior

(d) Employer refers to any person, natural or juridical, including the subcontractor, contractor,
and principal employer who directly or indirectly benefits from the services of the employee;

(e) Equipment refers to any machine with engine or electric motor as prime mover;

(8) General safety and health inspection refers to an examination of the work environment,
including the location and operation of machinery other than those covered by technical safety
audits, adequacy of work space, ventilation, lighting, conditions of work environment, handling,
storage or work procedures, protection facilities, and other possible sources of safety and health
hazards in the workplace;

(g) Imminent danger refers to a situation caused by a condition or practice in any place of
employment that could reasonably be expected to lead to death or serious physical harm;

(h) 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, project, site
or workplace;

(i) Occupational Safety and Health Standards (OSHS) refer to the Occupational Safety and
Health Standards prepared by the Department of Labor and Employment (DOLE) as provided for
by law in Articles 162 and 165, Chapter 2, Title I of Book Four of the Labor Code of the
Philippines, as amended;

(@) Safety and health audit refers to a regular and critical examination of project sites, safety

programs, records, and management performance on program standards on safety and health;


(k) Safety and Health Committee refers to a body created within the workplace tasked with
the authority to monitor, inspect and investigate all aspects of the work pertaining to the safety and
health of workers;

(D) Safety and Health Program refers to a set of detailed rules to govern the processes and
practices in a specific construction project site, mine site, and in other economic activities to
conform with the OSHS, including the personnel responsible and penalties for any violation;

(m) Safety officer refers to any employee or officer of the company trained or accredited by
the DOLE and tasked by the employer to implement an occupational safety and health program,
and ensure that it is in accordance with the provisions of the OSHS;

(n) Safety signage refers to any emergency, warning or danger signpost or any safety
instruction using the standard colors of signs for safety instructions and warnings in the workplace
prescribed by the DOLE; and

(0) Workplace refers to any site or location where workers need to be or to go to by reason of
their work, and which are under the direct or indirect control of the employer.

CHAPTER II
DUTIES AND RIGHTS OF EMPLOYERS,
WORKERS, AND OTHER PERSONS

SEC. 4. Duties of Employers, Workers, and Other Persons. — (a) Every employer,
contractor or subcontractor, if any, and any person who manages, controls, or supervises the work
being undertaken shall:

(1) Furnish the workers a place of employment free from hazardous conditions that are
causing or are likely to cause death, illness or physical harm to the workers;

(2) Give complete job safety instructions or orientation to all the workers, especially to those
entering the job for the first time, including those relating to familiarization with their work
environment;

(3) Inform the workers of the hazards associated with their work, health risks involved or to
which they are exposed to, preventive measures to eliminate or minimize the risks, and steps to be
taken in case of emergency;

(4) Use only approved devices and equipment for the workplace; and

(5) Comply with OSHS including training, medical examination, and provision of protective
and safety devices such as personal protective equipment (PPE) and machine guards.

(b) Every worker shall participate in ensuring compliance with OSHS in the workplace. The
worker shall make proper use of all safeguards and safety devices furnished for the workers’


protection and that of others, and shall observe instructions to prevent accidents or imminent
danger situation in the workplace and the steps to be taken in case of emergency.

The worker shall report to the supervisor any work hazard that may be discovered in the
workplace,

(c) It shall be the duty of any person, including the builder or contractor or enforcement agent
who visits, builds, renovates or installs devices, or conducts business in any establishment or
workplace to comply with the provisions of this Act and all other regulations issued by the
Secretary of Labor and Employment.

SEC. 5. Workers’ Right to Know. - The right to safety and health at work shall be
guaranteed. All workers shall be appropriately informed by the employer about all types of hazards
in the workplace, provided access to training and education on chemical safety, and to orientation
on the data sheet of chemical safety, electrical safety, mechanical safety, and ergonomical safety.

SEC. 6. Workers’ Right of Refusal to Work. ~ The worker has the right of refusal to work
without threat or reprisal from the employer if, as determined by the DOLE, an imminent danger
situation exists in the workplace that may result to illness, injury or death, and corrective actions to
eliminate the danger have not been undertaken by the employer.

SEC. 7. Workers’ Right to Report Accidents. ~ Workers and their representatives shall have
the right to report accidents, dangerous occurrences, and hazards to the employer, to the DOLE,
and to other concerned government agencies exercising jurisdiction as the competent authority in
the specific industry or economic activity.

SEC. 8. Workers’ Right to Personal Protective Equipment (PPE). — Every employer,
contractor or subcontractor, if any, shall provide their workers, free of charge, protective equipment
for their eyes, face, hands and feet, and lifeline, safety belt or harness, gas or dust respirators or
masks, 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 the PPE shall be part of the safety and health program which is a
separate pay item pursuant to Section 20 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 all establishments, projects, sites and all other places where work is
being undertaken shall be based on the evaluation and recommendation of the safety officer.

CHAPTER III
OCCUPATIONAL SAFETY AND HEALTH


PROGRAM AND ORGANIZATION

SEC. 9. Occupational Safety and Health (OSH) Program. ~ All establishments, projects,
sites and all other places where work is being undertaken shall have a safety and health program
containing policies, guidelines or information on the following:

(a) Statement of commitment to comply with OSH requirements;

(b) General safety and health, including a drug-free workplace;

() Human Immunodeficiency Virus (HIV), and Acquired Immune Deficiency Syndrome
(AIDS)/tuberculosis/hepatitis prevention and control;

(4) Company ot project details;

(c) Composition and duties of the Safety and Health Committee;

(©) Occupational safety and health personnel and facilities;

(g) Safety and health promotion, training and education;

(h) Conduct of toolbox meetings;

(i) Accident/incidenv/illness investigation, recording and reporting;

(i) Provision and use of PPE;

(k) Provision of safety signage;

() Dust control and management, and regulations on activities such as building of temporary
structures, and lifting and operation of electrical, mechanical, communication systems and other
equipment;

(m)Provision of workers welfare facilities;

(n) Emergency preparedness and response plan;

(0) Waste management system; and

(p) Prohibited acts, and penalties and sanctions on violations.

The safety and health program shall be prepared and executed by the employer, contractor or
subcontractor, if any, and shall be submitted to the DOLE which shall approve, disapprove or
modify the same according to existing laws, rules and regulations, and other issuances.

SEC. 10. Occupational Safety and Health Committee. ~ To ensure that the safety and health
program is observed and enforced, all establishments, projects, sites and all other places where
work is being undertaken shall organize a Safety and Health Committee composed of the
following:

(a) Employer or a representative as the Chairperson, ex officio;

(b) Safety officer of the company or project as the Secretary;


(c) Safety officers representing the contractor or subcontractor, as the case may be, as
members;

(d) Physicians, nurses, certified first-aiders, and dentists, as members, ex officio, if applicable:
and

(e) Workers’ representatives who shall come from the union if the workers are organized or
elected by the workers through a simple majority vote if they are unorganized, as members.

The Committee shall effectively plan, develop, oversee, and monitor the implementation of
the safety and health program.

SEC. 11. Safety Officer. — To ensure that a safety and health program is duly followed and
enforced, all establishments, projects, sites and all other places where work is being undertaken
shall have full time safety officers who shall:

(a) Oversee the overall management of the safety and health program;

(b) Frequently monitor and inspect any health or safety aspect of the operation 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 an accident investigation; and

(@) Issue work stoppage order when necessary.

The number of safety officers shall be proportionate to the total number of workers and
equipment, and the size of the work area as prescribed by the DOLE.

In addition, each contractor or subcontractor, if any, must provide safety officers to oversee
the management of the safety and health program for the contractor and subcontractor’s workforce,
and the specific areas of operation.

All safety officers must be accredited by the DOLE.

SE

and all other places where work is being undertaken shall have qualified occupational health

'. 12. Occupational Health Personnel and Facilities. — All establishments, projects, sites

personnel such as physicians, nurses, certified first-aiders, and dentists duly complemented with the
required medical supplies, equipment, and facilities. The number of health personnel, equipment,
and facilities, and the amount of supplies shall be proportionate to the total number of workers, the
ideal ratio of which shall be prescribed by the DOLE.

SEC. 13. Safety Signage and Devices. — All establishments, projects, sites and all other
places where work is being undertaken shall have safety signage and devices to warn the workers
and the public of the hazards in the workplace. Safety signage 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.

SEC. 14. Safety in the Use of Equipment. — In relation to the use of equipment, the employer,
contractor or subcontractor, if any, must comply with the DOLE requirements in the different
phases of the company or project operation, including the transport to and from the establishment,
project site or place where work is being undertaken

SEC. 15. Occupational Safety and Health Information. — Workers in all establishments,
projects, sites and all other places where work is being undertaken shall be provided adequate and
suitable information by the employer, contractor or subcontractor, if any, on safety and health
hazards, and the appropriate measures, including the probable location of workers for the
prevention, control, and protection against those hazards.

SEC. 16. Occupational Safety and Health Training. —

(a) All safety personnel shall undergo the mandatory training on basic occupational safety
and health for safety officers 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 workers shall undergo the mandatory one (1) day and eight (8) hours safety and health
seminar as required by the DOLE which shall include a portion on joint employer-employee
orientation.

(d) All personnel engaged in the operation, erection, and dismantling of equipment and
scaffolds, structural erections, excavations, blasting operations, demolition, confined spaces,
hazardous chemicals welding, and flame cutting shall undergo specialized instruction and training
on the said activities.

SEC. 17. Occupational Safety and Health Reports. -

(a) All employers, contractors, and subcontractors shall submit all safety and health reports
and notifications prescribed by the DOLE.

(b) All hospitals and clinics shall submit all reports related to injuries and illnesses to the
DOLE.

(c) The Bureau of Labor Standards shall conduct an annual assessment of the safety and
health condition of the Philippine workplace and shall make its data and reports available to the
public with all the necessary information, including the compliance rate, total number of deaths,
injuries and sickness, and the progress of investigation, rectification, and prosecution of the

employers who violated any OSH standard.


SEC. 18. Workers Competency Certification. — In order to professionalize, upgrade, and
update the level of competence of workers, the Technical Education and Skills Development
Authority (TESDA) shall establish national competency standards and prepare guidelines on
competency assessment and certification for critical occupations. In this regard, all critical
occupations shall undergo the mandatory competency assessment and certification by the TESDA.

‘An occupation shall be considered critical when:

(a) The performance of a job affects the people’s lives and safety;

(b) The job involves the handling of tools, equipment, and supplies;

(c) The job requires a relatively long period of education and training; and

(d) The performance of the job may compromise the safety, health, and environmental
concerns within the immediate vicinity of the establishment.

SEC. 19. Workers Welfare Facilities. — All establishments, projects, sites and all other places
where work is being undertaken shall have the following welfare facilities in order to ensure
humane working conditions:

(a) Adequate supply of safe 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 workers, as may be
applicable

SEC. 20. Cost of Occupational Safety and Health Program. ~ The total cost of implementing
a duly approved occupational safety and health program shall be a mandatory and integral part of
the company or project operations cost, and shall be a separate pay item in construction and in all
contracting or subcontracting arrangements.

CHAPTER IV
JOINT AND SOLIDARY LIABILITY

SEC. 21. Employer's Responsibility and Liability. ~ The employer, project owner, general
contractor, contractor or subcontractor, if any, and any person who manages, controls or supervises
the work being undertaken shall be jointly and solidarily liable for compliance with this Act.

CHAPTER V
ENFORCEMENT OF OCCUPATIONAL SAFETY
AND HEALTH STANDARDS

SEC. 22. Visitorial Power of the Secretary of Labor and Employment. — Pursuant to Article

128 of the Labor Code of the Philippines, as amended, and other applicable laws, the Secretary of


Labor and Employment or the Secretary’s authorized representatives shall have the authority to
enforce mandatory occupational safety and health standards in all establishments, and conduct,
together with labor and employer representatives, an annual spot audit to ensure compliance with
OSH standards. The Secretary or the Secretary’s duly authorized representatives can enter
workplaces at any time of the day or night where work is being performed, to examine records and
investigate facts, conditions or matters necessary to determine compliance with the provisions of
this Act.

No person or entity shall obstruct, impede, delay or otherwise render ineffective the orders of
the Secretary of Labor and Employment or the Secretary's duly authorized representatives, issued
pursuant to the authority granted under Article 128 of the Labor Code of the Philippines, as
amended, and no inferior court or entity shall issue a temporary or permanent injunction or
restraining order or otherwise assume jurisdiction over any case involving the enforcement orders.

‘The Secretary of Labor and Employment may likewise order stoppage of work or suspension
of operations of any unit or department of an establishment when noncompliance with law or
implementing rules and regulations poses grave and imminent danger to the health and safety of
workers in the workplace.

The Secretary of Labor and Employment or the Secretary's duly authorized representatives
shall inspect establishments and workplaces regardless of the size and nature of operation,
and shall disallow self-inspection or any form of employer discretion-based compliance with
occupational safety and health laws. However, chartered cities may be allowed to conduct
industrial safety inspections of establishments within their jurisdiction in coordination with the
DOLE: Provided, That they have adequate facilities and competent personnel for the purpose as
determined by the DOLE and subject to national standards established by the latter.

SEC. 23. Payment of Workers During Work Stoppage Due to Imminent Danger. — If
stoppage of work due to imminent danger occurs as a result of the employer's violation or fault, the
employer shall pay the workers concerned their wages during the period of such stoppage of work
or suspension of operation. For purposes of payment of wages and any other liabilities arising from
a work stoppage order (WSO), the employer is presumed a party at fault if the WSO is issued
secondary to an imminent danger situation which would imperil the lives of the workers.

SEC. 24. Delegation of Authority. - The authority to enforce mandatory OSHS may be
delegated by the Secretary of Labor and Employment to a recognized competent authority.


Representatives of legitimate labor organizations and federations may be authorized to join in
the assessment of compliance of establishments with general labor standards, and OSHS,
particularly in the construction and mining industries.

SEC. 25. Standards Setting Power of the Secretary of Labor and Employment. — In addition
to the preceding sections, the Secretary of Labor and Employment shall, in consultation with the
other concerned government agencies, by appropriate orders, set and enforce mandatory OSHS to
eliminate or reduce occupational safety and health hazards. The Secretary shall also institute new,
and update existing programs to ensure safe and healthful working conditions in all workplaces
especially in hazardous industries such as mining, fishing, construction, and the maritime industry.

SEC. 26. Employee's Compensation Claim. — A worker may file claims for compensation
benefit arising out of work-related disability or death. Such claims shall be processed
independently of the finding of fault, gross negligence or bad faith of the employer in a proceeding
instituted for the purpose.

SEC. 27. Employment Insurance. — A worker who is involuntarily separated from service or
employment due to a violation of this Act shall be entitled to a monthly cash support equivalent to
the existing monthly minimum wage for a maximum of six (6) months: Provided, That the worker
has at least six (6) months of contribution prior to the involuntary separation. For this purpose, the
Social Security System (SSS) shall promulgate the appropriate rules and regulations.

SEC. 28. Employer's Liability for Failure to Provide OSH Control Measures. ~ In case the
worker's injury, illness or death was due to the failure of the employer to comply with any law or to
install, maintain or provide safety and health control measures or take other precautions for the
prevention of injury, illness or death, the said employer shall pay the State Insurance Fund a
penalty of twenty-five percent (25%) of the lump sum equivalent of the income benefit payable to
the worker after due process.

SEC. 29. Unlawful Acts. — The following are considered as unlawful acts:

(a) Obstruction, delay or refusal to provide labor officers or any person authorized by the
Secretary of Labor and Employment access to the establishment, project, site or other place where
work is being undertaken;

(b) Obstruction, delay or refusal to provide labor officers or any person authorized by the
Secretary of Labor and Employment access or copy of the employer's records and documents;

(c) Obstruction, delay or refusal to allow labor officers or any person authorized by the
Secretary of Labor and Employment to interview workers and investigate any fact necessary in

determining compliance with OSHS;


(d) Making any statement, report, or representation in relation to adherence to OSHS
knowing such statement, report or record to be false in any material aspect;

(e) Making retaliatory measures such as termination of employment, refusal to pay, reducing
wages and benefits or in any manner discriminates against any worker who has given information
in relation to letter (c) hereof;

(f) Failure to comply with the compliance orders issued by the Secretary of Labor and
Employment or the authorized representatives based on the findings of violations by labor law
compliance officers;

(g) Gross negligence of the employers, contractors or subcontractors in complying with the
provisions of OSH standards; or

(h) Failure to implement OSH standards, including the failure to report accidents in the
workplace.

Any employer or person who commits the unlawful acts enumerated above shall be
administratively fined with a maximum of one hundred thousand pesos (P100,000.00) per day the
violation is being committed or such amount that may be determined by the Secretary of Labor and
Employment until the violation has ceased or is corrected, without prejudice to the filing of a
criminal or a civil case in the regular courts, as the case may be.

The fine collected shall be used for the operation of occupational safety and health initiatives
including occupational safety and health training and education, and other occupational safety and
health programs.

Any employer or person who commits any of the unlawful acts shall be punished, for every
resulting injury, with a fine of not less than one hundred thousand pesos (P100,000.00) but not
more than two hundred fifty thousand pesos (P250,000.00), or imprisonment of not less than one
(1) year and (1) day but not more than six (6) years, or both, at the discretion of the court:
Provided, That in consequence of the physical injuries, the person injured shall have become
deformed, or shall have lost any other part of his body, or shall have lost the use thereof, or shall
have been ill or incapacitated to perform the work habitually engaged for a period of more than
ninety (90) days.

Any employer or person who commits any of the unlawful acts shall be punished, for every
resulting death, with a fine of more than two hundred fifty thousand pesos (P250,000.00) but not
more than five hundred thousand pesos (P500,000.00), or imprisonment of not less than six (6)

years and one (1) day but not more than twelve (12) years, or both, at the discretion of the court.


If the violation is committed by a corporation, trust or firm, partnership, association or any
other entity, the penalty of imprisonment shall be imposed upon the entity's responsible officers,
including the president, vice president, chief executive officer, general manager, managing director
or partner.

Any person convicted under this Act shall not be entitled to the benefits provided for under
the Probation Law.

CHAPTER VI
MISCELLANEOUS PROVISIONS

SEC. 30. Applicability to Micro and Small Enterprises (MSEs). — Specific to MSEs, the
DOLE shall develop OSH core compliance standards to ensure safe and healthy workplaces. All
MSEs shall be required to implement the prescribed standards for housekeeping, materials handling
and storage, electrical and mechanical safety, chemical safety, emergency preparedness, fire safety,
PPE, and monitor hazards regularly.

SEC. 31. Jnter-Governmental Coordination and Cooperation. ~ The DOLE shall institute a
mechanism for coordination with the Department of Environment and Natural Resources, the
Department of Public Works and Highways, the Department of Trade and Industry, the Department
of the Interior and Local Government, the Department of Health, and all other government

agencies, including local government units,

within sixty (60) days from the issuance of the
implementing rules and regulations of this Act. They shall regularly convene to monitor the
effective implementation of this Act as well as related programs and projects that are established to
prevent and eliminate the incidence of injury, sickness or death in all workplaces.

SEC. 32. Implementing Rules and Regulations. — The DOLE, in coordination with agencies
concerned, shall formulate its rules and regulations within ninety (90) days after the effectivity of
this Act.

SEC. 33. Separability Clause. — If any part, section or provision of this Act shall be held
invalid or unconstitutional, the other provisions not affected by such declaration shall remain in full
force and effect.

SEC. 34. Repealing Clause. — All laws, acts, decrees, executive orders, rules and regulations
or other issuances or parts thereof which are inconsistent with this Act are hereby modified or
repealed.

SEC. 35. Effectivity. — This Act shall take effect fifteen (15) days after its publication in the
Official Gazette or in a newspaper of general circulation.

Approved,