LABOR LAWS LABOR LAWS ON SAFETY AND HEALTH
Occupat onal Safety an
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DEPARTMENT OF LABOR AND EMPLOYMENT
Click to edit Master title style THE CONSTRUCTION INDUST NDUSTRY RY : A SITUATIONER (NCR) July 25, 2011
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DEPARTMENT OF LABOR AND EMPLOYMENT
Click to edit Master title style PRIVATE BUILDING CONSTRUCTION APPR PPROVED OVED BUILDING PERMI PER MITS TS 2011
C HANGE
2010
OVER ALL
28,347
-5.5
29,992
Residential
20,784
-11.9
23,586
NonResidential
3,495
17.4
2,978
4,068
18.7
3,428
Additions, Alterations, and Repairs
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DEPARTMENT OF LABOR AND EMPLOYMENT
Click to edit Master title style PRIVATE BUILDING CONSTRUCTION VALUE (in billion pesos) 2011
% Change
2010
OVERALL
52.8
11.6
47.3
Residential
28.2
32.6
21.3
Non-Residential
19.4
-13.2
22.3
Additions, Alterations, and Repairs
5.2
39.7
3.7
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DEPARTMENT OF LABOR AND EMPLOYMENT
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Calabarzon (Cavite, Laguna, Batangas, Rizal and Quezon) is the region with the most private construction projects, accounting for a fourth or 7,090 of the total granted permits. However, nearly half (P25.1 billion) of the total value of construction projects is poured into Metro Manila.
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DEPARTMENT OF LABOR AND EMPLOYMENT
Click to edit Master title style No. of Violations on: Total No With Establishment Establishment Violation Violation Inspected
OSHS CSHP
Construction Projects
174
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Safety Officer (SO)
Rule 1020
Rule 1040
First Aider
Others
172 524 402 74 174 35 447
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DEPARTMENT OF LABOR AND EMPLOYMENT
Click to edit Master title style As of June 2011
268.42% increase of approved CSHP Increase in the number of 40-hr Construction Safety Trainings (CST) conducted Formulation of DO 13 Requirements Checklist 7
DEPARTMENT OF LABOR AND EMPLOYMENT
Click to edit Master title style As of June 2011
Three hundred twenty five (325) construction firms had their Personal and Protective Equipment (PPE) tested Forty (40) accredited OSH practitioners from the construction industry
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Observations • Low awareness on OSH • Poor Compliance on OSHS
(ex. HSC, CSH Program, safety officer/personnel)
• Poor Housekeeping (ex. accumulated wastes)
• No/Inadequate PPEs for workers. • Improper use of tools and equipment • Needs commitment and support
What NEEDS to be DONE • Change of work habits. • Top management commitment on OSH • Cooperation of workers and contractors to implement OSH programs and activities • Enhance skills of project managers, safety officers and workers (training on OSH ) • Strict enforcement of rules/programs on OSH
• Compliance with government regulations (OSHS and DO 13)
LAWS & ISSUANCES ClickOSH to edit Master title style
Book IV, Title I – Medical, Dental and Occupational Safety
Occupational Safety and Health Standards, (OSHS)1978
DO 13 – Guidelines Governing Safety and Health in the Construction Industry 11
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All projects regardless of amount, funding source and mode of implementation shall comply with the minimum safety and health requirements.
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DEPARTMENT OF LABOR AND EMPLOYMENT
Click to edit Master title style Memorandum of Agreement Department of Labor and Employment (DOLE) Department of Public Works and Highways (DPWH) Department of Interior and Local Government (DILG) Department of Trade and Industry (DTI) Professional Regulations Commission (PRC)
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SALIENT FEATURES OF DEPARTMENT ORDER NO. 13, series of 1998 – Section 1: Definition of terms 25 terms as used in the guidelines were defined in order to clarify their meaning and to distinguish them from similar terms as defined in other issuances – Section 2: Jurisdiction The Secretary of the Department of Labor and Employment, by virtue of Article 162 of the Labor Code of the Philippines, has the authority to issue appropriate laws related to the administration and enforcement of occupational safety and health in the Philippines
– Section 3: Delegation of Authority DOLE has the power to delegate some enforcement powers to other government agencies and to private organizations provided that they have adequate personnel and facilities (These cover Technical Safety Inspections) – Section 4: Coverage The guidelines shall apply to all construction activities, including demolition, whether owned by the private or the government sector
– Section 5: Construction Safety and Health Program Before the start of the actual construction, the construction project manager shall prepare and submit to DOLE a comprehensive construction safety and health program which shall include, but not limited to: • Composition of the construction safety and health committee • Specific H&S policies within the construction site • Penalties for violation • Training of workers • Waste disposal • Other requirements of D.O. No. 13, series of 1998
– Section 6: Personal Protective Equipment All employers must provide personal protective equipment for all employees needing such equipment. All other persons entering the construction site must wear the necessary protective equipment.
– Section 7: Safety Personnel A means of coordination was established wherein the main or general contractor shall have over-all management and coordination of all safety and health officers/personnel working within the construction site. All full-time safety and health personnel must be accredited by DOLE.
- Section 7. Safety Personnel
A general Constructor must provide for 1. a full-time officer, who shall be assigned as the general construction safety and health officer to oversee full time the overall management of the Construction Safety and Health Program. 2. additional Construction Safety and Health Officer/s in accordance with the requirements for Safety Officer of Rule 1033, depending on the total number of personnel assigned to the construction project site.
3.
one (1) Construction Safety and Health Officer for every ten (10) units of heavy equipment assigned to the project site, to oversee the effective compliance with the Construction Safety and Health Program at the construction project site, in terms of heavy equipment utilization and maintenance.
Each construction subcontractor must provide for a representative, who shall have the same qualifications as a Safety Officer, to oversee the management of the CSHP for the subcontractor’s workforce and specific area of work operations in accordance with the requirements of Rule 1033 of the OSHS.
Safety Personnel Number of Workers
Safety Personnel
1 - 50 51 - 200 201 – 250
1 part-time Safetyman 1 full-time Safetyman 1 full-time and 1 part-time Safetymen 1 additional full-time Safetyman
Every additional 500 or fraction thereof
1 Safetyman for every 10 units of heavy equipment
- Section 8: Emergency Occupational Health Personnel and Facilities The same provisions of the existing Occupational Safety and Health Standards(OSHS) is reiterated. The provision for an emergency health provider was allowed. All other requirement such as emergency medicines, supplies, equipment and facilities shall conform with the OSHS.
Number of Workers 50 or less 51 to 200 201 to 300 more than 300
OH Personnel
Per 100 workers in excess of 300
Within 5 kms. Or 25 min. of travel Emergency Health Provider
– Section 9: Construction Safety Signages Mandatory provision of safety and warning signs are reiterated not only for the protection of workers, but also the public in general. Signs should conform with the standard requirements of the OSHS. 4 4
4 4 4 4
4 4 4
Usage of PPE Falling/ falling objects Explosives and flammable substances Tripping or slipping haz ards Toxic or irritant airborne contaminants/substances Electrical facility Dangerous moving parts of machines Fire alarms/ fire fighting Instructional signs/ Update of man-hours lost
WARNING: Hazardous Area. All personnel must wear protective equipment before entry
– Section 10: Safety on Construction Heavy Equipment A specific guide for testing, transport, erection and maintenance of heavy equipment is formulated. All heavy equipment operators must be tested and certified by TESDA, while heavy equipment shall be tested by DOLE recognized association/organizations
- Section 11. Construction Safety and Health Committee – Each site shall, at the start of the construction have a construction safety and health committee composed of the following personnel • Project Manager or his representative as the chairperson • General Construction Safety and Health Officer; • Safety representative/SO from each subcontractor; • Doctors, Nurses and other Health personnel; • Workers’ representatives (minimum of 3, union members if organized, not necessarily from one employer)
– Each subcontractor shall have its own safety and health committee based on the existing requirements of the OSHS.
- Section 12: Safety and Health Information A detailed safety and health information system is included in the guidelines. These include orientation, instructions, and training for workers; means of conveying safety related information to all workers and specialized instructions and trainings for specialty workers and operators. No person shall be deployed unless he has undergone a OSH awareness seminar conducted by OSHC,BWC, ROs and STOs.
T S R I F Y T E F SA
- Section 13: Construction Safety and Health Training All safety personnel assigned within the construction site are required to undergo the basic construction safety training course prescribed by the Bureau of Working Conditions. Continuing training for all full-time safety personnel shall also be a responsibility of each constructor.
- Section 14: Construction Safety and Health Reports A monthly construction safety and health report is required to be submitted to DOLE by all general constructors. The reports shall include safety committee meeting agreements, accident investigation reports, and hazard assessments with corresponding remedial action/measures required. Notification of major accidents to DOLE within 24 hours
– Section 15: Construction Worker’s Skills A Skills certificate shall be required for construction related occupations which have been classified as “Critical Occupations” by TESDA. An occupational shall be considered as critical –
When it may affect and endanger people’s lives and limbs When it involves the handling of hazardous tools, equipment, supplies When it requires a relatively long period of education and training When the performance of the job may compromise the safety, health and environment concerns within the immediate vicinity of the construction site.
– Section 16: Worker’s Welfare Facilities The employer shall provide for adequate supply of safe drinking water, adequate sanitary and washing facilities in order to ensure humane conditions of work. – Section 17: Cost of Construction Safety and Health Program The total cost of the Construction Safety and Health Program Shall be a mandatory integral part of the construction project. It shall be treated as a separate pay item and reflected in the project’s bid tender documents.
– Section 18: Miscellaneous: All provisions of other existing OSH guidelines not specifically provided herein shall remain in full force and effect. – Section 19: Violations and Penalties Violations committed by constructors as determined by DOLE after due process shall be considered as prima facie case of a construction mal-performance of grave consequence under RA 4566 as amended and pertinent IRR. In cases of imminent danger situations, the procedures/requirements of the OSHS and DOLE regulations shall be applied.
– Section 20: Effectivity The Guidelines shall be immediately effective, that is, 15 days after publication in newspapers of general circulation, as provided in Article 5 of the Labor Code. D.O. No. 13, s.1998 was signed on July 23, 1998 and published on August 1, 1998 in the Philippine Daily Inquirer and on August 3, 1998 in People’s Tonight
Requirements in the Evaluation of CSH Program
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1.Application Form indicating the following information: A. Company Profile Name of the Company Complete address and Contac Number ( email address) Name of Owner/President Total Employment/ Number of workers to be employed in the project PCAB License, DOLE Registration (Rule 1020 and DO 18-02)
B. Project Profile Name and Location of the Project ( Notice of Award/Notice to Proceed ) Name of Project owner Project Classification Duration of the Project /Date of Estimated Start/Execution of the Project Brief Description of Activities/Work Flow C. OSH Personnel Assigned to the Project Name of Appointed Safety Officer, First Aider, OH Nurse, Physician Date of BOSH Training of OSH Personnel (Certificate to be attached) List of Heavy Equipment to be used in the Project (Certificate of Test/Inspection of CHE and TESDA Skills Certification of operators) Profile of the person who prepared the program 37
Enforcement is one response but not the only response!
