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

SEVENTEENTH CONGRESS
Third Regular Session

House Bill No. i 4

Introduced by DIWA Party-list Representative Pepito M. Pico

EXPLANATORY NOTE

As employers, it is only just and fair to prioritize the health and safety of our workers.
The protection and welfare of construction workers, in particular, must be insured 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, I believe that the State
has an obligation to give proper attention to legislations that better ensure the well-being of our
construction workers.

Sometime in 2016, an accident at the Ninoy Aquino International 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 hamesses. 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 areas,
electrocution, or being struck by heavy equipment. This bill, 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.

PEP! M. PICO
Representative, DIWA Party-list

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

SEVENTEENTH CONGRESS
Third Regular Session

House Bill No.8 972

Introduced by DIWA Party-list Representative Pepito M. Pico

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

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

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

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

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

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

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

©) "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.

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

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

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

g) "Constructor" - refers to any person or organization who undertakes or offers to
undertake or purports to have capacity to undertake or submits a bid to, or does himself or
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.

b) "Construction equipment"- refers to any machine with an engine or electric motor
as prime mover.

©) "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.

d) "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.

e) "Imminent Danger" - means a condition or practice that could reasonably be
expected to cause death or serious physical harm before abatement under the normal
enforcement procedure can be accomplished.

f) “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.

g) "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.

h) "Owners Representative" is a consulting entity (can be a firm, partnership or
individual) who reports directly to the Project Owner and coordinates the construction

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operation by, between and among the General Constructor, Subcontractor. Suppliers and
ensures that all is in accordance with the approved plans.

i) "Project Manager" - means the overall technical personnel of the general
constructor and/or the subcontractor in charge of the actual execution of a construction project.

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

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

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

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

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

SECTION 6. CONSTRUCTION SAFETY AND HEALTH PROGRAM - Every
construction project shall have a suitable Construction Safety and Health Program which
must be in accordance with this Act. The owner/developer and the general constructor shall
be jointly and solidarily liable for the overall compliance with this Section.

a) The Construction Safety and Health Program shall state the following:

. Statement of Commitment to Comply with OSHS requirements;
General Safety and Health Policy;

Drug-free and Alcohol-free Work place policy:

Project Details;

Composition and Duties of Construction Safety and Health Committee;

Occupational Health Personnel and Facilities;

Safety and Health Promotion, Training and Education;

Toolbox Meetings;

Accident/Incident/Iliness investigation, Recording and Reporting;

10. Personal Protective Equipment;

11. Provision on Safety and Signages;

12, Control Measures on Construction Activities such as but not limited to

PEN AveYNE

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temporary structures, lifting and construction operations;
13. Workers Welfare Facilities;
14, Emergency Preparedness and Response Plan;
15. Construction Waste Management System; and
16. Penalties and Sanctions

b) 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,

a) Composition. The Committee shall be composed of the following:

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

2) Construction Safety Officer of the Chairperson as the Secretary of the

3) Committee;

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

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

6) Workers Representatives.

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

b)

Duties of the Construction Safety and Health Committee:

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

SECTION 8. PERSONAL PROTECTIVE EQUIPMENT (PPE) - Every employer
shall provide protective equipment, free of charge to the workers, for eyes, face, hands and
feet, lifeline, safety 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.

All PPE shall be of the appropriate type as tested and approved by the DOLE based on its

standards. The usage of PPE in any construction site shall be based on the evaluation and
recommendation of the safety officer.

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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 full time Construction Safety
Officer.

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

1) Oversee | the overall management of the Construction Safety and Health
Program;

2) eal monitor and inspect any health and safety aspect of the
construction work being

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

4) Bsue work stoppage order when necessary.

b) 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.

c) 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.

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

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

SECTION 11. CONSTRUCTION SAFETY SIGNAGES AND DEVICES. -
Construction safety signages and devices must be provided to wam 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) Alll personnel should adequately and suitably be informed of potential Safety
and Health hazards and the appropriate measures required for the prevention, control and

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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.

) Alll 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 CIAP.

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.

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

SECTION 16. CONSTRUCTION WORKERS COMPETENCY
CERTIFICATION.-

In order to professionalize, upgrade and update the level of competence of construction
workers, the Technical Education and Skill Development Authority (TESDA) shall establish
national competency standards and prepare guidelines on competency assessment and
certification for critical construction occupations. In this regard, all construction workers in
critical occupations shall undergo the mandatory competency assessment and certification by
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 suppl
©) when the job requires a relatively long period of education and training; and
d) when the performance of the job may compromise the safety, health and
environment concems within the immediate vicinity of the construction site.

SECTION 17. WORKER'S WELFARE FACILITIES. - The employer shall

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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.

SECTION 18. COST OF CONSTRUCTION SAFETY AND HEALTH
PROGRAM. - The total cost of implementing a duly approved construction safety and health
program shall be a mandatory and integral part of the project's construction cost as a separate
pay item, duly quantified and reflected in the Project's Tender Documents and Project's
Construction Contract Documents.

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

SECTION 20. VISITORIAL POWER OF THE SECRETARY.- Pursuant to
Article 128 of the Labor Code, as amended and other applicable laws, the Secretary or his/her
authorized representative shall have the authority to enforce mandatory occupational safety and
health standards in the construction industry. As such, they can enter workplaces at any time
of day and night where construction is actually performed, to examine records and investigate
facts, conditions or matters necessary to determine if there is violation or conformity with the
provisions of this Act. In cases when 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 have the
following penalties:

First offense: A fine of One Hundred Thousand Pesos (100,000.00);
‘Second offense: A fine of Three Hundred Thousand Pesos (P300, 000.00);
Third offense: A fine of Five Hundred Thousand Pesos (P500, 000.00),

or cancellation of 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.

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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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