Osh Rules For Outsourced Providers

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OCCUPATIONAL SAFETY & HEALTH STANDARDS

Department of Labor and Employment


By virtue of the powers vested in the Department of Labor and
Employment under Article 162 of the Labor Code of the Philippines, this
Occupational Safety and Health Standards is hereby promulgated for the
guidance and compliance of all concerned.

1. RULE 1045: Duties of the Employers:


Health and Safety committees play very important roles in eliminating
work hazards. Developing workers' interest and participation in the
planning and development of safety program is the responsibility of the
employer. The employer must exercise the leadership necessary and
provide support to make the program work. The principal duties of the
employer are:
(1) Establishes and adopts in writing administrative policies on safety in
conformity with the provisions of this Standards outlining therein his
responsibility and authority delegated.
(2) Reports to the enforcing authority in two (2) copies of the policies
adopted and the health and safety organization established to carry out
the program on safety and health within one month after the organization
or reorganization of the health and safety committee.
(3) Reports to the enforcing authority having jurisdiction at least once in
every three (3) months, counting from January, the health and safety
program of the organization outlining the activities undertaken including
its safety performance, health and safety committee meetings and its
recommendations
and
measures
taken
to
implement
such
recommendations.
(4) Acts on recommended measures by the health and safety committee
by adopting the elements of the health and safety program in the
production process or workplace and in case of non-adoption of the Health
and Safety Committee's recommendation, to inform the committee of his
reasons.

2. Rule 1030 as amended by Department Order No. 16 series of


2001
Rule 1033: Training and Personnel Complement:

The minimum qualifications, duties and number of required safety and


health officers shall be as follows:
1) All safety officers must complete the Bureau-prescribed training course
prior to their appointment as in their respective places of employment.
2) All full-time safety officers must meet the requirement of dulyaccredited Safety Practitioners or Safety Consultants by the Bureau.
3) Not less than the following number of supervisors or technical
personnel shall take the required trainings and shall be appointed as a
safety officer on a full-time or part-time basis, depending on the number
of workers employed and the hazardous or non-hazardous nature of the
workplace pursuant to Rule 1013 of these Standards.
a) For hazardous workplaces:
Minimum Number of Safety Officers
Number of Workers Hazardous
Highly Hazardous
One (1) part-time
One (1) full-time
1-50
One (1) full-time
(1) full-time and One
51-200
One
part-time
One (1) full-time
Two (2) full-time
201-250
and one (1) parttime
Two (2) full-time
Two (2) full-time and
251-500
One part-time
Every additional 500
One (1) additional
or fraction thereof
full-time
Every additional 250
One (1) additional fullor fraction thereof
time
b) For non-hazardous workplaces:

Number of Workers
1-250
251-500
501-750
751-1000
Every additional 500
or fraction thereof

Minimum Number of Safety Officers


One (1) part-time
Two (2) part-time
One (1) full-time
Two (2) full-time
One (1) additional full-time

Duties ofof
the the
SafetySafety
Officer: The
duties ofThe
the safety
officerofarethe
specified
under officer
Rule 1040are
of these Standards.
4) 4)Duties
Officer:
duties
safety
A part-time
safety officer
shall be of
required
to perform
the duties
safety officer
at leastofficer
six (6) hours per week.
specified
under
Rule 1040
these
Standards.
A of
part-time
safety
shall be required to perform the duties of safety officer at least six (6)
5) The
employment
hours
per
week. of a full-time safety officer may not be required if the employer enters into a written contract
with a qualified consultant or consulting organization whose duties and responsibilities shall be the duties of a
safety practitioner as stated in these Rule. The employment of a consultant, however, will not excuse the
employer from the required training of his supervisors or technical personnel.
Rule1034: Accreditation:
The Secretary, upon the recommendation of the Bureau Director, may accredit any qualified safety and health

5) The employment of a full-time safety officer may not be required if the


employer enters into a written contract with a qualified consultant or
consulting organization whose duties and responsibilities shall be the
duties of a safety practitioner as stated in these Rule. The employment of
a consultant, however, will not excuse the employer from the required
training of his supervisors or technical personnel.

3. RULE 1047: Duties of the Safety Man:


The principal function of the Safety Man is to act as the employers'
principal assistant and consultant in the application of programs to
remove the hazards from the workplace and to correct unsafe work
practices. For this purpose, the Safety Man has the following duties:
(1) Serves as Secretary to the Health and Safety Committee. As such, he
shall:
a. prepare minutes of meetings;
b. report status of recommendations made;
c. notify members of the meetings; and
d. submit to the employer a report of the activities of the committee,
including recommendations made.
(2) Acts in an advisory capacity on all matters pertaining to health and
safety for the guidance of the employer and the workers.
(3) Conducts investigation of accidents as member of the Health and
Safety Committee and submits his separate report and analysis of
accidents to the employer.
(4) Coordinates all health and safety training programs for the employees
and employer.
(5) Conducts health and safety inspection as member of the committee.
(6) Maintains or helps in the maintenance of an efficient accident record
system and coordinates actions taken by supervisors to eliminate accident
causes.
(7) Provides assistance to government agencies in the conduct of safety
and health inspection, accident investigation or any other related
programs.

(8) For purposes of effectiveness in a workplace where full-time safety


man is required, he shall report directly to the employer.

4. RULE 1080:
DEVICES

PERSONAL

PROTECTIVE

EQUIPMENT

AND

1081.01: Every employer as defined in 1002:


(1)Shall at his own expense furnish his workers with protective equipment
for the eyes, face, hands and feet, protective shields and barriers
whenever necessary by reason of the hazardous nature of the process or
environment, chemical or radiological or other mechanical irritants or
hazards capable of causing injury or impairment in the function of any
part of the body through absorption, inhalation or physical contact.
(2) Deduction for the loss or damage of personal protective equipment
shall be governed by Article114, Book III, Labor Code of the
Philippines,
Art. 114. Deposits for loss or damage. No employer shall
require his worker to make deposits from which deductions shall be
made for the reimbursement of loss of or damage to tools,
materials, or equipment supplied by the employer, except when the
employer is engaged in such trades, occupations or business where
the practice of making deductions or requiring deposits is a
recognized one, or is necessary or desirable as determined by the
Secretary of Labor and Employment in appropriate rules and
regulations.

And Section 14, Rule VIII, Book III, Omnibus Rules Implementing
the Labor Code.
SECTION 14. Deduction for loss or damage. Where the
employer is engaged in a trade, occupation or business where the
practice of making deductions or requiring deposits is recognized to
answer for the reimbursement of loss or damage to tools, materials,
or equipment supplied by the employer to the employee, the
employer may make wage deductions or require the employees to
make deposits from which deductions shall be made, subject to the
following conditions:
(a) That the employee concerned is clearly shown to be responsible
for the loss or damage;

(b) That the employee is given reasonable opportunity to show


cause why deduction should not be made;
(c) That the amount of such deduction is fair and reasonable and
shall not exceed the actual loss or damage; and
(d) That the deduction from the wages of the employee does not
exceed 20 percent of the employee's wages in a week.

5. RULE 1410: CONSTRUCTION SAFETY


1412.18: Vehicle Driving:
No person shall operate any vehicle or equipment in a construction site
unless he has adequate training and experience to operate such vehicle or
equipment and is authorized by his immediate supervisor.
1415.10: Testing and Examination of Lifting Appliances:
(1) No lifting appliance shall be used unless it has been tested and
examined thoroughly initially and every year thereafter by a competent
person by way of his training and experience in such work.
(2) No lifting appliance which has undergone substantial alteration or
repair affecting its strength or stability shall be used unless it is tested and
thoroughly examined by a competent person.

6. RULE 1964: TRAINING AND QUALIFICATION:

1964.01: Qualifications:
(1) A first-aider must be able to read and write and must have completed
a course in first aid conducted by the Philippine National Red Cross or any
organization accredited by the same.
(2) A nurse must have passed the examination given by the Board of
Examiners for nurses and duly licensed to practice nursing in the
Philippines with at least fifty (50) hours of Basic training in occupational
nursing conducted by the Bureau/Region office concerned, the College of
Public Health of the University of the Philippines, or by any
institution/organization accredited by the former.

(3) A physician, whether part-time or full-time, must have passed the


examination given by the Board of Examiners for Physicians, is licensed to
practice medicine in the Philippines, and a graduate of Basic training
course in occupational medicine conducted by the Bureau, the College of
Public Health of the University of the Philippines, or by any
institution/organization duly accredited by the former.
(4) A physician engaged by the employer of a hazardous establishment
employing more than 2,000 workers, to be its full-time occupational health
physician must have, in addition to the qualifications required under Rule
1964.01 (3), a diploma or master's degree in occupational health or
industrial health or its equivalent or completed a residency training
program in occupational medicine, must be duly certified by the Bureau,
and must have registered with the Regional Labor Office.
(5) A dentist, whether part-time or full-time, must have passed the
examination given by the Board of Examiners for Dentists, is licensed to
practice dentistry in the Philippines, and has completed a basic training
course in occupational dentistry, conducted by the Bureau of Dental
Health Services of the Department of Health or any organization duly
accredited by the same.
(6) An occupational health practitioner, as defined under Rule
1961.02, must have all of the following qualifications:
a. a graduate of an advanced training course in occupational health and
safety conducted by the bureau, the College of Public Health of the
University of the Philippines, or any institution/organization duly
authorized/accredited or recognized by the former;
b. must have had at least five (5) years experience in the field of, or
practice of occupational health and safety;
c. must be duly certified/accredited by the Bureau;
d. must have registered with the Regional Office concerned.
OMNIBUS RULES IMPLEMENTING THE LABOR CODE
Book 4, Health, Safety and Welfare Benefits
Rule I- on Medical and Dental Services
Rule II- on Occupational Health and Safety)
7. SECTION 9. HEALTH PROGRAM.
The physician engaged by an employer pursuant to this Rule shall, in
addition to providing medical services to the workers in cases of
emergency, perform among others, the following duties:

(a) Conduct pre-employment medical examination, free of charge, for the


proper selection and placement of workers;
(b) Conduct free of charge annual physical examination of the
workers;
(c) Collaborate closely with the safety and technical personnel of the
establishment to assure selection and placement of workers from the
standpoint of physical, mental, physiological and psychological suitability,
including investigation of accidents where the probable causes are
exposure to occupational health hazards; and
(d) Develop and implement a comprehensive occupational health program
for the employees of the establishment. A report shall be submitted
annually to the Bureau of Working Conditions describing the program
established and the implementation thereof.
8. SECTION 10. MEDICAL AND DENTAL RECORDS.
(a) The employer shall furnish the Bureau of Working Conditions with
copies of all contracts of employment of medical personnel and
contracts with hospitals or clinics as provided in Section 5 of this
Rule.
(b) The employer shall maintain a record of all medical examinations,
treatments and medical activities undertaken.
(c) The employer shall submit reports in such form, and containing such
information, as the Bureau of Working Conditions may require from time to
time.
RULE II
Occupational Health and Safety
9. SECTION 7. DUTIES OF OTHER PERSONS.
Any person, including builders or contractors, who visit, builds,
innovates or installs devices in establishments or workplaces shall
comply with the provisions of this Rule and all regulations issued by
the employer in compliance with the provisions of this Rule and
other subsequent issuances of the Secretary of Labor and
Employment.
10.
RULE 1964: TRAINING AND QUALIFICATION:
1964.02: Opportunity for Training:
1. Nurses, physicians and dentists who do not possess the special
training qualifications provided for in Rule 1964.01 shall, within six
(6) months from the date of employment, comply with this
requirement.

2. All employers without the required trained first-aider on the date of


effectivity of this Standards shall, within six (6) months have the
required number of his workers undergo the prescribed training in
first-aid.
1964.03: Refresher Training:
The occupational health personnel and the first-aiders of every
establishment shall undergo a minimum of eight (8) hours refresher
training course in their respective fields at least once a year.
11.

RULE 1966: OCCUPATIONAL HEALTH PROGRAM:

The employer shall organize and maintain an occupational health program


to achieve the following objective:
1. Assess the worker's physical, emotional and psychological assets as
well as his liabilities in order to facilitate his proper placement and
ensure the suitability of individuals according to their physical
capacities, mental abilities and emotional make-up in work which
they can perform with an acceptable degree of efficiency without
endangering their own health and safety and that of their coworkers;
2. Protect employees against health hazards in their working
environment in order to prevent occupational as well as nonoccupational diseases;
3. Provision for first-aid, emergency services and treatment depending
on the nature of the industry;
4. Assure adequate medical care of ill and injured workers;
5. Encourage personal health maintenance and physical fitness and
proper nutrition practices; and
6. Provide guidance, information and services for family planning
programs.
1966.02:
The Health Program shall include the following activities:
1. Maintenance of a healthful work environment by requiring
occupational health personnel to conduct regular appraisal of
sanitation conditions, periodic inspection of premises, including all
facilities therein, and evaluate the working environment in order to
detect and appraise occupational health hazards and environmental
conditions affecting comfort and job efficiency;
2. Health Examinations:
a. Entrance;
b. Periodic;
c. Special examination;
d. Transfer examination;
e. Separation examination.

3. Diagnosis and treatment of all injuries and occupational and nonoccupational diseases;
4. Immunization programs; and
5. Accurate and complete medical records of each worker starting from
his first examination or treatment, which must be under the
exclusive custody and control of the occupational health personnel.
Such records shall be made available to the worker or his duly
authorized representative and not be used for discriminatory
purpose or in any other manner prejudicial to his interest.
6. Health Education and Counseling in which the occupational health
and safety personnel shall cooperate with the supervisors in
imparting appropriate health and safety information to employees,
such as health hazards and proper precautions, habits of
cleanliness, orderliness, safe work practices, use and maintenance
of available personal protective clothing and devices, and the use of
available health services and facilities; and
7. Nutrition program which shall be under the dietician and supervised
by a physician if the latter is present.
12.

RULE 1967: PHYSICAL EXAMINATION:

1. All workers, irrespective of age and sex, shall undergo physical


examination:
a. before entering employment for the first time;
b. periodically, or at such intervals as may be necessary on account of
the conditions or risks involved in the work;
c. when transferred or separated from employment; and
d. when injured or ill.
2. All examinations shall:
a. Be complete and thorough;
b. Be rendered free of charge to the workers; and
c. Include X-ray or special laboratory examinations when necessary
due to the peculiar nature of the employment.
3. The results of these physical examinations shall be recorded carefully
and legibly on appropriate forms by the health service personnel
charged with such responsibility.
4. Records of physical examinations and all information obtained by the
health personnel shall be considered strictly confidential.
1967.01: Pre-employment/Pre-placement Physical Examinations:
1. Pre-employment Physical examination shall be conducted:
a. To determine the physical condition of the prospective employee
at the time of hiring: and
b. To prevent the placement of a worker on a job where, through
some physical or mental defects, he may be dangerous to his
fellow workers or to property.
2. Pre-employment physical examination shall:

a. be a general clinical examination including special laboratory


examinations when necessary due to the peculiar nature of
the workers prospective employment;
b. Include chest x-ray examinations. Under the following
circumstances, x-ray examinations be rendered free of charge.
i. where the employer or establishment is required by these
Rules to engage the services of an Occupational Health
physician and where there are x-ray facilities in the
establishment;
ii.
where the employer does not maintain such facilities, x-ray
examinations shall be conducted by;
Government clinics or hospitals;
The occupational health physician; and
Private clinics or hospitals when applicants are referred
to them.
iii.
In all other instances, the applicant shall pay the cost of the
examination.
3. At the completion of the examination, the applicant shall he rated as
follows:
CLASS A- Physically fit for any work
CLASS B- Physically under-developed or with correctible defects,
(error of refraction dental caries, defective hearing, and
other similar defects) but otherwise fit to work,
CLASS C - Employable but owing to certain impairments or
conditions, (heart disease, hypertension, anatomical defects)
requires special placement or limited duty in a specified or
selected assignment requiring follow-up treatment/periodic
evaluation.
CLASS D - Unfit or unsafe for any type of employment (active PTB,
advanced heart disease with threatened failure, malignant
hypertension, and other similar illnesses).
1967.02: During Employment
1967.03: Periodic Annual Medical Examinations
1967.06: Transfer Examinations
1967.08. Return to Work Exanimations
1967.09 : Separation from Employment Exanimation

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