DEPARTMENT ORDER NO.

13
Series of 1998

GUIDELINES GOVERNING OCCUPATIONAL

SAFETY AND HEALTH IN THE CONSTRUCTION INDUSTRY

In the interest of ensuring the protection and welfare of workers employed in the
construction industry, the protection welfare of the general public within and around the
immediate vicinity of any construction worksite as well as the promotion of harmonious
employer-employee relationships in the construction industry, and after consultations
with the stakeholders in the construction industry, taking into consideration industry
practices and applicable government requirements, the following guidelines are hereby
issued for all concerned:

Section 1. Definition of Terms. As used herein, the terms below shall be defined as
follows:

a) “Accredited organization” means any organization duly accredited by the

Department of Labor and Employment (DOLE) delegated or authorized to
perform functions related to improvement of occupational safety and health in the
form of training, testing, certification, safety and health auditing or any other
similar activity.

b) “Certified first-aider” means any person trained and duly certified or qualified to
administer first-aid by the Philippine National Red Cross or by any organization
accredited by the same.

c) “Construction project manager/consultant” means a person or entity who is

hired by the project owner, to act in the tower’s behalf concerning supervision
and monitoring of all matters related to the overall execution of a construction
project. The construction project manager shall be a separate entity from the
general constructor or any subcontractor of the construction project.

d) “Construction safety and health committee” means the general safety and
health committee for a construction project site that shall be the overall
coordinator in implementing OSH programs.

e) “Construction safety and health officer” means any employee/worker trained

and, in addition to their regular duties and responsibilities tasked by his employer
to implement occupational safety and health programs in accordance with the
provisions of the Occupational Safety and Health Standards (OSHS).

f) “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 construction
project site in conformity with the OSHS including the personnel responsible and
the penalties for violations thereof.

g) “Construction safety signage” refers to any, but not limited to, emergency or
danger sign, warning sign or safety instruction, of standard colors and sizes in
 accordance with the specifications for standard colors of signs for safety
instructions and warnings in building premises as described in Table II of the
OSHS.

h) “Constructor” is deemed synonymous with the term “builder”. It refers to any

person or organization who undertakes or offers to undertake or purports to have
the capacity to undertake or submits a bid to, or does himself or by 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 scaffolding or other structures or works in connection therewith. The
term constructor includes subcontractor and specialty contractor.

i) “Emergency health provider” means any person or organization who is

certified or recognized by the Department of Health and who can provide the
same or equivalent emergency health services as an emergency hospital,
including emergency treatment of workers on site, emergency transport and care
during transport of injured workers to the nearest hospital, with adequate
personnel, supplies and facilities for the complete immediate treatment of injuries
or illnesses.

j) “General constructor” means a constructor who has general supervision over

other constructors in the execution of the project and who directly receives
instructions from the owner or construction project manager (if one appointed by
the owner).

k) “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.

l) “Heavy equipment” refers to any machine with engine or electric motor as

prime mover used either for lifting, excavating, leveling, drilling, compacting,
transporting and breaking works in the construction site, such as but not limited
to crane, bulldozer, backhoe, grader, road compactor prime mover and trailer,
with minimum operating weight and horsepower rating of 1,000 kg and 10 hp,
respectively.

m) “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 procedures can be accomplished.

n) “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.

o) “Project manager” means the overall technical personnel of the general

contractor and/or the subcontractor in charge of the actual execution of a
construction project.
p) “Resident engineer” means a duly licensed engineer who shall be tasked to be
present at the construction site at all times, whenever work is being undertaken,
and shall have the responsibility of assuring the technical conformance of all
designs, materials, processes, work procedures rendered for the execution of the
construction project, including safety and health of all persons within the
construction site.

q) “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.

r) “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.

s) “Safety organization” means any organization recognized and accredited by

the DOLE to conduct occupational safety and health training and/or safety and
health audit.

t) “Safety personnel” refers to any person engaged by any-constructor, trained,

accredited by DOLE and tasked to provide occupational safety and health
services for the workers/employees in any construction project.

u) “Skills standards” refers to the written specification of the minimum stock

knowledge and skills as a worker should possess to perform the functions
identified in the job description of his occupation.

v) “Technical safety inspection” refers to inspection for the purpose of safety

determination of boilers, pressure vessels, internal combustion engines, electrical
installations, elevators, hoisting equipment and other mechanical equipment.

w) “Trade test” refers to any instrument used to measure worker’s skills and
knowledge based on the requirements of the skills.

x) “Treatment Room” refers to any enclosed area or room equipped with the
necessary medical facilities and supplies, and located within the premises of the
establishment where workers maybe brought for examination and treatment of
their injuries or illnesses in cases of emergency.

y) “Tool box meeting or gang meeting” refers to daily meeting among workers
and their respective supervisors for the purpose of instruction, discussion and
proper briefing on the planned work, the assessment of past work, the possibility
or actual occurrence of accidents at the site, tips and suggestion on how to
prevent possible accidents and other related matters.

z) “Unguarded surface” refers to any working surface above water or ground,

temporary or permanent floor platform, scaffold construction or wherever workers
are exposed to the possibility of falls hazardous to life or limb.
Section 2. Jurisdication

The DOLE, through the Secretary of Labor and Employment, has the exclusive
jurisdiction in the preparation of Occupational Safety and Health Standards (OSHS) for
the Construction Industry including its very enforcement, as provided for by law.

2.1. As embodied in Article 162, Chapter 2, Title I of Book Four of the Labor Code of
the Philippines, “The Secretary of Labor and Employment shall by appropriate
orders set and enforce mandatory occupational safety and health standards to
eliminate or reduce occupational safety and health hazards in all work places
and institute new and update existing programs to ensure safe and healthful
working conditions in all places of employment.”

2.2. As embodied in Article 165, Chapter 2, Title I of Book Four of the Labor Code of
the Philippines, “ (a) The Department of Labor and Employment shall be solely
responsible for the administration and enforcement of occupational safety and
health laws, regulations and standards in all establishments and workplaces
wherever they may be located”

Section 3. 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, under the following conditions:

a) Chartered Cities and Municipalities may be allowed to conduct Technical Safety

Inspections and general safety audit of construction project sites within their
respective jurisdiction where they have adequate facilities and competent
personnel for the purpose as determined by the DOLE and subject to national
standards established by the latter, provided they submit for approval an
application for such authority.

b) Private Safety Organizations with adequate facilities and competent personnel

for the purpose may be accredited by DOLE to conduct technical and/or general
Safety and Health Audit of construction project sites, for and in behalf of the
company or establishment.

c) Accreditation of safety organizations and practitioners shall be in accordance

with Rule 1030 of the OSHS.

Section 4. Coverage

This issuance shall apply to all operations and undertakings in the construction industry
and its subdivisions, namely, general building construction, general engineering
construction and specially trade construction, based on the classification code of the
Philippine Construction Accreditation Board (PCAB) of the Construction Industry
Authority of the Philippines (CIAP); 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 5. Construction Safety and Health Program

Every construction project shall have a suitable Construction Safety and Health
Program, which must be in accordance with these rules, and other orders and issuances
issued by the DOLE. The Construction Project Manager, or in his absence, the Project
Manager as authorized by the owner, shall be responsible for compliance with this
Section.

5.1. The Construction Safety and Health Program shall state the following:

a) composition of the Construction Safety and Health Committee, if one has

been formed, otherwise, an undertaking to organize such committee and
appoint its members before the start of construction work at the project site;
b) specific safety policies which the General Constructor undertakes to observe
and maintain in its construction site, including the frequency of and persons
responsible for conducting toolbox and gang meetings;
c) penalties and sanctions for violations of the Construction Safety and Health
Program;
d) frequency, content and persons responsible for orienting, instructing and
training all workers at the site with regard to the Construction Safety and
Health Program under which they operate; and
e) the manner of disposing waste arising from the construction.

5.2. The Construction Safety and Health Program shall be executed and verified by
the Construction Project Manager or Project Manager and shall be submitted to
the Bureau of Working Conditions (BWC) which may approve, disapprove or
modify the same according to existing laws, rules and regulations and others
issuances by the DOLE.

5.3. The cost of implementing the Construction Safety and Health Program shall be
integrated into the project’s construction cost, provided that said cost shall be a
separate pay item, duly quantified and stated in the project’s tender documents
and construction contract documents.

Section 6. Personal Protective Equipment

Every employer shall, at his own expense, furnish his workers with protective equipment
for eyes, face, hands and feet, lifeline, safety belt/harness, protective shields and
barriers whenever necessary by reason of the hazardous work 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 agent.

Provision of personal protective equipment (PPE) shall be in accordance with Rule 1080
of the OSHS. The equivalent cost for the provision of PPE (life span, depreciation,
replacement, etc) shall be an integral part of the project cost.
 6.1. The employer shall provide adequate and approved type of protective
equipment. Workers within the construction projects site shall be required to
wear the necessary PPE at all times.

6.2. Construction workers who are working from unguarded surfaces six (6) meters
or more above water or ground, temporary or permanent floor platform, scaffold
or where they are exposed to the possibility of falls hazardous to life or limb,
must be provided with safety harnesses and life lines.

6.3. Specialty construction workers must be provided with special protective

equipment, such specialized goggles or respirators for welders and painters or
paint applicators.

6.4. All other persons who are either authorized or allowed to be at a construction
site shall wear appropriate PPE.

Section 7. Safety Personnel

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 the
minimum required Safety Personnel, as described herein:

7.1. The General Constructor must provide for 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.
The general construction safety and health officer shall frequently monitor and
inspect any health and safety aspect of the construction work being undertaken.
He shall also assist government inspectors in the conduct of safety and health
inspection at any time whenever work is being performed or during the conduct
of accident investigation.

7.2. The General Constructor must provide for additional Construction Safety and
Health Officer/s in accordance with the requirements for Safety Man/Officer of
Rule 1033 (Training and Personnel Complement), depending on the total
number of personnel assigned to the construction project site, to oversee the
effective compliance with the Construction Safety and Health Program at the
site, under the direct supervision of the general construction safety and health
officer.

7.3. The General Constructor must provide 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.

7.4. Each construction subcontractor must provide for a representative, who shall
have the same qualifications as a Safety Man/Officer, to oversee the
management of the Construction Safety and Health Program for the
subcontractor’s workforce and the specific are of work operations in accordance
with the requirements of Rule 1033 of the OSHS.
All safety personnel who will be employed by an employer on full-time basis should be
accredited by the BWC of the DOLE.

Section 8. Emergency Occupational Health Personnel and Facilities

8.1. The construction project owner or his duly authorized representative shall
provide competent emergency health personnel within the worksite duly
complemented by adequate medical supplies, equipment and facilities, based
on the total number of workers in the site as indicated below:

a) The services of a certified first-aider when the total number of workers is fifty
(50) or less;
b) The services of a full-time registered nurse when the total number of workers
exceeds fifty (50) but not more than two hundred (200);
c) The services of a full-time registered nurse, a part-time physician and a
dentist, and an emergency clinic when the total number of workers exceeds
two hundred (200) but not more than three hundred (300); and
d) The services of a full-time registered nurse, a full-time physician, a dentist
and an infirmary or emergency hospital with one (1) bed capacity when the
number of employees exceed three hundred (300). In addition, there should
be one (1) bed capacity for every one hundred (100) employees in excess of
three hundred (300).

8.2. Where an employer provides only a treatment room, he shall provide for his
workers in case of emergency, access to the nearest medical/dental clinic or to
a medical/dental clinic located within five (5) kilometer radius from the workplace
and can be reached in twenty-five (25) minutes of travel. Such access shall
include the necessary transportation facilities. In such situation, there shall be a
written contract with the medical/dental clinic to attend to such workplace
emergencies.

8.3. The engagement of an Emergency Health Provider for the construction project
site shall be considered as having complied with the requirement of accessibility
to the nearest hospital facilities.

8.4. The employer shall always have in the construction site the required minimum
inventory of medicines, supplies and equipment as indicated in Table 48 of the
OSHS.

Section 9. Construction Safety Signages

Construction Safety Signages must be provided to warn the workers and the public of
hazards existing in the workplace, Signages shall be posted in prominent positions at
strategic location and, as far as practicable, be in the language understandable to most
of the workers employed.
 9.1. The signages include but are not limited to:

a) Mandatory requirement on the usage of personal protective equipment prior

to entry to the project site.
b) Areas where there are potential risks of falling objects.
c) Areas where there are potential risks of falling.
d) Areas where explosives and flammable substances are used or stored.
e) Areas where there are tripping or slipping hazards.
f) Approaches to working areas where danger from toxic or irritant airborne
contaminants/substances may exist which should indicate the name of the
contaminant/substance involved and the type of respiratory equipment to be
worn.
g) All places with contact with or proximity to be electrical/facility equipment can
cause danger.
h) All places where workers may come in contact with dangerous moving parts
of machineries or equipment.
i) Location of fire alarms and fire fighting equipment.
j) Instructions on usage of specific construction equipment
k) Periodic updating of man-hours lost.

9.2. Signages should be regularly inspected and maintained in good condition.

Signages that are damaged or illegible or that no longer apply should be
removed and replaced by the safety officer, as needed.

Section 10. Safety on Construction Heavy Equipment

10.1. Pre-Construction

The General Constructor must ensure that appropriate certification is

obtained form DOLE duly accredited organizations for the following:

a) All heavy equipment operators assigned at the project site must be tested
and certified in accordance with a standard trade test prescribed by Technical
Education and Skills Development Authority (TESDA) in coordination with its
accredited organization/s.
b) All heavy equipment must be tested and certified in accordance with the
standards prepared by DOLE or its recognized organization/s prior to
commissioning of said equipment.

10.2. During Construction

10.2.1. Mobilization or Transport of Heavy Equipment

a) Load restriction of trailers carrying such heavy equipment.

b) Load restrictions, height and width clearances as imposed by Department
of Public Works and Highways (DPWH) for all roads and bridges to be
utilized during transport.
c) Only duly certified operators are allowed to load and unload heavy
equipment to trailer.
d) Equipment to be transported must be properly secured to the trailer.
 10.2.2. Erection/Set-up of Heavy Equipment

a) Existing hazards must be avoided.

b) Standard checklist of steps and procedures must be observed.
c) List of necessary equipment, tools and materials must be available and
properly utilized.

10.2.3. Routine Inspection

In the interest of accident prevention, duly certified mechanics and

operators shall conduct daily routine inspection of all heavy equipment
deployed at the site in accordance with standards set by TESDA in
coordination with the Association of Construction Equipment Lessors
(ACEL, Inc.).

a) Routine inspection of all heavy equipment must be performed by

DOLE accredited professionals in accordance to standards set by
DOLE recognized equipment suppliers.
b) All equipment which do not comply with the minimum safety
standards for equipment certification shall be immediately removed
from the work site for restoration or repair until they meet said
standards or requirements.

The General Construcor and the equipment owner shall maintain a separate
logbook for data on maintenance, repairs, tests and inspections for each
heavy equipment. Such logbook shall be used as necessary reference
during the conduct of equipment inspection.

10.2.4. Certified Operators

a) Only duly certified operators shall be allowed to operate their

designated heavy equipment.
b) All operators and riggers must wear personal protective equipment as
prescribed in the above pertinent sections.

10.3. Post-Operation and Post-Construction

The procedures for dismantling and demobilization of heavy equipment shall

follow the same requirements as listed under 10.2.1 and 10.2.2 above.

Section 11. Construction Safety and Health Committee

11.1. Composition

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 composed of the
following personnel as described under Section 7 above:

a) Project Manager or his representative as the chairperson ex officio;

 b) General Construction Safety and Health Officer;
c) Construction Safety and Health Officers;
d) Safety representatives from each subcontractor;
e) Doctors, Nurses, and other Health personnel, pursuant to the
requirements stated in Rule 1042 of the OSHS, who shall be members
ex officio;
f) Workers’ representatives (minimum of 3, union members if organized,
not necessarily from one employer).

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.

The time spent by the members of the Safety and Health Committee in the
performance of their duties such as committee meetings, seminars and training,
investigation and other tasks that may be assigned or planed by the committee
shall be considered hours worked and thereof compensable time.

11.2. Authority and Duties of the Construction Safety and Health Committee

The chairperson shall convene the Construction Safety and Health Committee at
regular intervals so as to effectively and efficiently monitor the implementation of
the Construction Safety and Health Program. As such, he shall have the
following duties:

a) plan, develop and oversee the implementation of accident prevention

programs for the construction project;
b) direct the accident prevention efforts for the construction project in
accordance with these rules and the Construction Safety and Health
Program;
c) initiate and supervise the conduct of brief safety meetings or toolbox
meetings everyday;
d) review reports of safety and health inspections, accident investigation;
e) prepare and submit to DOLE reports on committee meetings;
f) provide necessary assistance to government inspecting authorities in the
proper conduct of their enforcement and other activities;
g) initiate and supervise safety and health training for employees;
h) develop and maintain a disaster contingency plan and organized such
emergency service units as may be necessary to handle disaster
situations; and
i) perform all duties provided in the Construction Safety and Health
Program or those that are necessary and incidental to the fulfillment of
their duties herein described.

Section 12. Safety and Health Information

12.1. Workers should be adequately and suitably:

a) informed of potential safety and health hazards to which they may be

exposed at their workplace; and
 b) instructed and trained on the measures available for the prevention, control
and protection against those hazards.

12.2. No person shall be deployed in construction site unless he has undergone a

safety and health awareness seminar conducted by the Occupational Safety
and Health Center (OSHC), BWC and other concerned offices of DOLE or by
safety professionals or safety organizations or other institutions DOLE has
accredited or recognized. The DOLE in collaboration with constructors shall
promote programs for the implementation of these awareness seminars for
construction workers.

12.3. Every worker shall receive instruction and training regarding the general
safety and health measures common to construction sites which shall
include:

a) basic rights and duties of workers at the construction site

b) means of access and egress both during normal work and in emergency
situations
c) measures for good housekeeping
d) location and proper use of the items or personal protective equipment and
protective clothing provided the workers
e) proper care and use of the items or personal protective equipment and
protective clothing provided the workers
f) general measures for personal hygiene and health protection
g) fire precautions to be taken
h) action to be taken in case of any emergency
i) requirements of relevant health and safety rules and regulations

12.4. The instruction, training and information materials shall be given in a

language or dialect understood by the worker. Written, oral, visual, and
participative approaches shall be used to ensure that the worker has
assimilated the material.

12.5. Each supervisor or any designated person (e.g. foreman, leadman, gangboss
etc.) shall conduct daily tool box or similar meetings prior to starting the tasks
for the day to discuss with the workers and anticipated safety and health
problems related to every task and the potential solutions to those problems.
The supervisor shall remind the workers on the necessary safety precautions
that need to be undertaken.

12.6. Specialized instruction and training should be given to:

a) drivers and operators of lifting appliances, transport, earth-moving and

materials-handling equipment and machinery or any equipment of specialized
or dangerous nature;
b) workers engaged in the erection or dismantling of scaffolds;
c) workers engaged in excavations at least one meter deep or deep enough to
cause danger, shafts earth-works, underground works or tunnels;
d) workers handling explosives or engaged in blasting operations;
e) workers engaged in pile-driving;
f) workers working in compressed air, cofferdams, and caissons;
 g) workers engaged in the erection of prefabricated parts of steel structural
frames and tall chimneys, and in concrete work, from work and other such
work;
h) workers handling hazardous substances and materials;
i) workers as signalers; and
j) other workers as may be categorized by TESDA.

Section 13. Construction Safety and Health Training

The basic construction safety and health training shall be a forty (40)-hour training
course as prescribed by the BWC. The training course shall include the provisions of
Rule 1040 of the OSHS. The BWC, from time to time, may modify the basic construction
safety and health training course, as the need arises.

All safety personnel involved in a construction project shall be required to complete such
basic training course. Every constructor shall provide continuing construction safety and
health training to all technical personnel under his employ. Continuing training shall be a
minimum of 16 hours per year for every full-time safety personnel.

Section 14. Construction Safety and Health Reports

All general constructors shall be required to submit a monthly construction safety and
health report to the BWC or to the DOLE Regional Office concerned. The report shall
include a monthly summary of all safety and health committee meeting agreements, a
summary of all accident investigations/reports and periodic hazards assessment with the
corresponding remedial measures/action for each hazard.

In case of any dangerous occurrence or major accident resulting in death or permanent

total disability, the concerned employer shall initially notify the DOLE Regional Office
within twenty-four (24) hours from occurrence. After the conduct of investigation by the
concerned construction safety and health officer, the employer shall report all permanent
total disabilities to DOLE Regional Office on or before the 20th of the month following the
date of occurrence of accident using the DOLE/BWC/HSD-IP-6 form.

Section 15. Construction Workers Skills Certificates

In order to professionalize, upgrade and update the level of competence of construction

workers, the TESDA shall:

a) establish national skills standards for critical construction occupations;

b) prepare guidelines on skills testing and certification for critical construction
occupations;
c) accredit construction sector organizations in the area of skills training and trade
testing; and
d) extend relevant assistance to construction sector organizations

In this regard, all construction workers in critical occupations shall undergo mandatory
skills testing for certification by TESDA.
An occupation shall be considered critical –

a) when the performance of a job affects and endangers people’s lives and limbs;
b) when the job involves the handling of tools, equipment and supplies;
c) when the job requires a relatively long period of education and training;
d) when the performance of the job may compromise the safety, health and
environmental concerns within the immediate vicinity of the construction site.

Section 16. Worker’s Welfare Facilities

The employer shall provide the following welfare facilities in order to ensure humane
working conditions:

16.1. Adequate supply of safe drinking water

a) If the water is used in common drinking areas, it should be stored in

closed containers from which the water is dispensed through taps or
cocks. Such containers should be cleaned and disinfected at regular
intervals not exceeding fifteen (15) days.
b) Notices shall be conspicuously posted in locations where there is water
supply that is not fit for drinking purposes.

16.2. Adequate sanitary and washing facilities

a) Adequate facilities for changing and for the storage and drying of work
clothes
b) Adequate accommodation for taking meals and shelter.

16.3. Suitable living accommodations for workers, and as may be applicable, for
their families

16.4. Separate sanitary, washing and sleeping facilities for men and women
workers.

Section 17. Cost of Construction Safety and Health Program

The total cost of implementing a Construction Safety and Health Program shall be a
mandatory integral part of the project’s construction cost as a separate pay item, duly
quantified and reflected in the Project’s Tender Documents and likewise reflected in the
Project’s Construction Contract Document.

Section 18. Miscellaneous

All provisions of other existing occupational safety and health guidelines not inconsistent
with the above Guidelines shall form part of this Department Order.

All provisions of other existing occupational safety and health standards, rules and
regulations not specifically provided herein shall remain in full force and effect.
In the event that any provision of this Guidelines is declared invalid by competent
authority, the rest of the provisions thereof not affected shall remain in full force and
effect.

Section 19. Violations and Penalties

19.1. As circumstances may warrant, the DOLE shall refer to the Philippine
Contractors Accreditation Board (PCAB) its findings, after due process, on
any act or omission committed by construction contractors in violation of labor
standards, safety rules and regulations and other pertinent policies. Any such
violation committed by construction contractors, whether general constructors
or sub-contractors, shall constitute as prima facie case of a construction
malperformance of grave consequence due to negligence, incompetence, or
malpractice contemplated under R.A. 4566 (Constructor’s Licensing Law), as
amended, and its Implementing Rules and Regulations.

19.2. In cases of imminent danger situations, the DOLE Regional Director shall
issue a stoppage order, in conformance with the guidelines specified under
Rule 1012.02 of the OSHS and other pertinent issuances for stoppage of
operation or for other appropriate action to abate the danger. Pending the
issuance of the order, the employer shall take appropriate measures to
protect his workers. The stoppage order shall remain in effect until the danger
is removed or corrected. Non compliance with the order shall be penalized
under existing provisions of labor laws.

Section 20. Effectivity

This issuance shall serve as policy and procedural guidelines for this Department and its
agencies in the administration and enforcement of applicable labor and social
legislations and their implementing regulations.

Nothing herein shall be constructed to authorized diminution or reduction of benefits

being enjoyed by employees at the time of issuance hereof.

This Department Order shall take effect immediately.

23 July 1998