TEENTH CONGRESS OF THE R 
e 
OF THE PHILIPPINES 
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&
 
First Regular Session 
) 
1 
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S. NO. 
Introduced by Senator S. R. OsmeFia Ill 
EXPLANATORY NOTE 
The Occupational Safety and Health Center (OSHC) created under 
Executive Order No. 307 in November 1987, was envisioned to serve as a 
research and training institution for the prevention of work-related illnesses, 
injuries and accidents in all places of employment in the country. At the time of 
the issuance of E.O. 307, the President had no legislative power to create and 
establish an independent government entity with corporate powers. In order 
to facilitate its formalization and to enable it to accept donations from the 
Japanese Government, the easier way was to create the Center as an attached 
agency to the Employees Compensation Commission (ECC) which also 
serves as the Governing Board of the Center. 
This bill seeks to 
strengthen 
the Center by 
relocating it to the 
Department of Labor and Employment, with its own Governing Board for the 
following reasons : 
1. The DOLE is the national central agency of the government responsible 
for the protection and welfare of workers, particularly 
their safety and 
health in workplaces. Vesting the DOLE with primarily responsibility for the 
implementation of occupational 
safety 
standards will address the 
present fragmentation of policy implementation. 
2. Occupational safety and health is a concern not only of the ECC but 
also of several agencies of the DOLE implementing safety and health. 
The DOLE can pursue with 
the OSHC 
a national program 
on 
occupational safety and health in coordination with other government 
agencies 
such 
as 
the Department of Health, 
anti-pollution 
and 
environmental agencies, international institutions, the academe and 
professional 
and specialty 
organizations 
including 
workers 
and 
employers' organizations. 
3. Having its own governing board will allow the OSHC to really focus and 
specialize on its role as the national center of technology on occupational 
safety and health. On the other hand agencies represented in the ECC, 
namely the SSS, GSlS and PMCC may have interests other than 
occupational safety an'd health. 


The bill also authorizes the Secretary of Labor and Employment to 
constitute an advisory body composed of leading industrialists, leaders of 
major labor federations, members of the academe and professionaVtechnica1 
organizations to assist 
in the formulation 
of policies 
and programs for 
Occupational Safety and Health. 
In view of the foregoing, the immediate approval of this bill is earnestly 
requested. 
SERGIO OSMENA 111 
Senator 


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'7 
a- 
THIRTEENTH CO GRESS OF THE REPUBLIC 
1 
OF THE PHILIPPINE 
1 
First Regular Session 
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Introduced by Senator S. R. Osmefia 111 
AN ACT 
STRENGTHENING THE CAPABILITY OF THE OCCUPATIONAL SAFETY 
AND HEALTH CENTER, ESTABLISH A RESEARCH FUND THEREFOR AND 
FOR OTHER PURPOSES 
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled: 
SECTION 'I. (a) The Occupational Safety and Health Center established 
under Executive Order No. 307 is hereby reconstituted and attached to the 
Department of Labor and Employment for policy coordination and guidance and 
to insure its effective linkages with the other agencies and regional offices of the 
Department of Labor and Employment and with other departments of the 
Government involved in the promotion of occupational safety and health 
programs. 
(b) 
The Occupational Safety and Health Center, hereinafter referred to 
as the Center shall have its own Governing Board to be composed of three ex- 
officio members, namely: the Secretary of Labor and Employment as Chairman, 
the Executive Director of the Center and the Executive Director of the Employees 
Compensation Commission; and two (2) appointive members, one of whom shall 
represent the employees and the other, the employers, to be appointed by the 
President of the Philippines upon the recommendation of the Secretary of Labor 
and Employment for a term of three (3) years. The appointive member shall have 
at least five (5) years experience in health and safety program or employees 


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compensation. All vacancies shall be filled for the unexpired term only. Internal 
rules governing the conduct of meetings and operations as well as per diems and 
allowances of the Members of the Board shall be approved by the Governing 
Board. 
(c) 
The Secretary of Labor and Employment is hereby authorized to 
create an Advisory Board composed of leading industries, leaders of major labor 
federations, member of the academe, and professionaVtechnica1 organizations, 
to serve as consultative and advisory body to assist the Center in the formulation 
and development of policies and national programs on occupational safety and 
health. 
SEC. 2. The Center shall have the following powers and functions: 
To undertake continuing studies and researches on occupational 
safety and health, including those relating to the establishment of 
causal connection between diseases and occupations and the 
development of medical criteria in determining the nature and 
extent of impairment or diminution in health, functional capacity or 
life expectancy of the employees as a result of their work and 
working conditions; 
To plan, develop and implement training programs in the field of 
occupational safety and health, and related interest; 
To serve as a clearing house of information and innovative 
methods, techniques and approaches in dealing with occupational 
safety and health problems and institute a mechanism of 
information dissemination to the general public; 
To monitor the working environment by the use of industrial 
hygiene, field and laboratory equipment and conduct medical 
examinations of workers exposed to hazardous substances for the 
ready detection of occupational diseases; 


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SEC. 
activities of 
To act as the duly recognized agency to undertake practical testing 
for safe use and set standard specifications of personal protective 
and other safety devices; 
To assist government agencies and institutions in the formulation of 
policies and standards on occupational safety and health and other 
matters related thereto and issue technical guideline for the 
prevention of occupational diseases and accidents; 
To adopt annually a budget of expenditures of the Center and its 
staff chargeable against the remittances of the Government Service 
Insurance System and Social Security System referred to in 
Section 6 hereof; and to fix the salary rates of its technical 
personnel; 
To sue and be sued in Court; 
To acquire property, real or personal, which may be necessary or 
expedient for the attainment of the purposes of the Center; 
To 
receive 
donations 
from 
domestic 
and 
international 
organizations, foreign governments and other sources: Provided, 
That the same are in accordance with law and not repugnant to the 
policies of the State; 
To enter into agreements or contracts for such service and aid as 
may be needed for the proper, efficient and stable administration of 
its program;' 
To perform such other acts as it may deem appropriate for the 
attainment of the purposes of the Center and proper enforcement of 
the provisions of this Act; and 
To enlist the assistance of government agencies and private 
organizations in carrying out the objectives of the Center. 
3. To insure continuity and comprehensiveness of the research 
the Center, including those on the adverse effects on workers of 


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hazards brought about by new technologies, and toxic chemicals and other 
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substances, new machines and work processes, every employer shall contribute 
to a research fund at least One peso (Pl.00) a year for each of his workers: 
Provided, however, That no employer shall be required to contribute more than 
Three thousand pesos (P300.00) a year regardless of the number of his 
employees. Employers shall remit their contributions to the Research Fund 
directly to the Occupational Health and Safety Center not later than January 18 
of each year 
SE'C. 4. The general conduct of operations and management functions of 
the Center shall be vested in the Executive Director under the immediate 
supervision of the Governing Board. He shall be appointed by the President of 
the Philippines upon the recommendation of the Chairman of the Governing 
Board. He shall be assisted by a Deputy Executive Director who shall likewise be 
appointed by the President of the Philippines. The Executive Director must have 
at least a Bachelor's degree and must have had experience of at least five (5) 
years in the administration of occupational health and safety or employees 
compensation and social security programs. Their annual salary shall be 
determined by the Governing Board. 
SEC. 5. The technical staff and other personnel of the Center shall be 
appointed by the Chairman of the Governing Board upon recommendation of the 
Executive Director: Provided, That the technical ,personnel and positions of the 
Center as determined by the Governing Board shall not be subject to the Office 
of Compensation and Position Classification salary scales. 
SEC. 6. The Administrator of the Social Security System (SSS) and the 
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President and General Manager of the Government Service Insurance System 
(GSIS), shall remit to the Center on or before January 15 of every year, on a 
sharing of seventy percent (70%) for the SSS and thirty percent (30%) for the 
GSIS, four percent (4%) of the annual collection of the State Insurance Fund 


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from which shall be drawn the annual budget of the Center as approved by its 
Governing Board. 
SEC. 
7. To insure the effective and co-ordinated implementation of 
occupational safety and health laws and standards, the Department of Labor and 
Employment shall be solely responsible for the administration and enforcement 
of such laws and standards,' the provisions of existing laws to the contrary 
notwithstanding, including the collection of safety inspection and other service 
fees: Provided, however, That chartered cities and other Government agencies 
may be allowed to conduct occupational safety and health inspections when they 
have adequate facilities and competent personnel as determined by the 
Department of labor and Employment and subject to the national standards 
established by the latter. 
SEC. 8. The Center may collect reasonable fees and charges for working 
environment measurement, medical examination and training, safety and 
equipment testing, and for the use of its equipmenthstrument and facilities: 
Provided, however, That the schedule of these fees and charges shall be 
published once a week for two (2) consecutive weeks in a newspaper of general 
circulation before it becomes effective. The fund so collected by the Center 
pursuant to this Section shall accrue to the Center Research Fund and shall be 
disbursed only in the implementation of the programs of the Center. 
SEC. 9. The Governing Board shall issue such rules and regulations as 
may be necessary to implement the provisions of this Act. 
SEC. I O .  Any provision of law, rules or order which is inconsistent with 
any provision of this Act is hereby repealed or amended accordingly. 
SEC. 11. This Act shall take effect fifteen (1 5) days after its publication in 
the Official Gazeffe or in at least two (2) newspapers of general circulation, 
whichever 
comes 
earlier. 
Approved,