DOLE Department Order

Greetings! No. 198 Series of 2018

Please see attached documents for reference
IRR of RA 11058
regarding the recently conducted OSH LAW
seminar conducted by Engr. Melanie Banayos.
“An Act Strengthening Compliance
with Occupational Safety and
Please acknowledge receipt of this email.
Health Standards and Providing
Thanks. Penalties for Violations Thereof ”
Signed: Dec. 6, 2018
Best regards, Published: Jan. 9, 2019 (Phil. Star)
Effective: Jan. 25, 2019
Tricity Field Office
Department of Labor and Employment 7
ENGR. MELANIE P. BANAYOS, PME
Supervising LEO
Bureau of Working Conditions
SALIENT FEATURES
Section 1: Declaration of
Policy
The state affirms
labor as a
primary social
and economic
force, and that a
safe and healthy
workforce is an
integral aspect
of nation
Section 2: Coverage

This act shall apply

to all establishments,
projects and sites,
and all other places
where work is being
undertaken in all
branches of
economic activity.
Section 2: Coverage

This Rules shall also

cover contractors
and subcontractors,
including those
engaged in the
projects of the
public sector.
Section 2: Coverage

This Rules DO NOT

apply to the
public sector.
Classification of Establishments
Section 5: Workers’ Right to
Know
All workers shall be
informed by the
employer about all
types of hazards in
the workplace,
provide access to
training, education
and orientation on
hazards & risks.
Section 6: Workers’ Right to Refuse
Work

The worker has the

right to refuse
work without
threat or reprisal
from the employer
if an imminent
danger exists in
the workplace.
Section 6: Workers’ Right to Refuse
Work

As a preventive
measure, the safety
officer may, following
his/her determination
and without fear of
reprisal, implement a
work stoppage or
suspend operations
in cases of imminent
danger.
Section 6: Workers’ Right to Refuse
Work

Workers affected by
the existence of an
imminent danger
situation may be
temporarily assigned
to other areas within
the workplace
provided there is no
impending issue with
safety and health.
Section 7: Worker’s Right to Report
Accidents

The workers and

their representatives
shall have the right
to report accidents,
dangerous
occurrences, and
hazards to the
employer, DOLE, and
other concerned
Section 7: Worker’s Right to Report
Accidents

Reporting accidents to
DOLE may be made
through:
• DOLE hotline;
• Nearest DOLE
Regional, Field,
Provincial or Satellite
Office having
jurisdiction over the
Section 8: Workers’ Right to PPE

Every employer,
contractor or
subcontractor, shall
provide his/her
workers,
FREE OF CHARGE,
personal protective
equipment for any
part of the body that
Section 8: Workers’ Right to PPE

The COST of PPE shall

be part of the safety
and health program
which is a separate
pay item pursuant to
Section 21 of this
Rules.
Section 8: Workers’ Right to PPE

Failure to provide
appropriate PPE in
high risk activities
shall give rise to the
right of the workers
to refuse unsafe
work.
Section 9: Safety Signage
All establishments,
projects, sites, and
all other places
where work is being
undertaken shall
have safety signage
and devices to warn
the workers and the
public of the hazards
in the work place.
Section 10: Safety in the Use of
Equipment

The employer,
contractor or
subcontractor must
comply with the OSH
Standards set by
DOLE on safety and
use of such
equipment in
different phases of
the company or
Section 10: Safety in the Use of
Equipment

Appropriate training
and certification by
the TESDA and PRC
or other concerned
government agency
shall be a
requirement for
operators before the
use of equipment, if
applicable.
Section 12: OSH Program

Covered workplaces
shall develop and
implement a suitable
OSH program in a
format prescribed by
the DOLE which
shall be posted in
prominent places.
Section 12: OSH Program

The OSH Program

includes at least the
following:
• Company commitment to
comply with OSH
requirements;
• General safety and health
programs;
• Promotion of health
domains;
• Etc…
Section 13: OSH Committee

To ensure the safety

and health program
is observed and
enforced, a safety
and health
committee shall be
organized in covered
workplaces.
 Section 13: OSH Committee
Establishment with less than 10 workers and low risk establishments with 10-15 workers.

Chairman
Owner/Manager

Secretary
Safety Officer

Member
Workers’ Rep.

Note: The SO of the workplace may also be the owner, manager or his/her designated
representative. The owner/manager or one of the workers shall undertake first aid training
from the Philippine Red Cross.
Section 13: OSH Committee
Medium to high risk workplaces with 10-50 workers, and
low to high risk establishments with 51 workers and above.

Chairman
Owner/Manager

Secretary
Safety Officer

Member Member Ex Officio

Subcon Safety Officers Workers’ Rep.
Member
Occupational Health
Personnel
Section 13: OSH Committee
For (2) or more establishments housed under one building or complex including malls.

Chairman
Building Owner/Administrator

Secretary
Safety Officer – Appointed by the Chair

Members Members
At least (2) Safety At least (2)
Officers from any of Workers’ Rep.
the establishments
Section 14: Safety Officer
Category Prescribed Training Minimum Experience
Safety Officer 1 (SO1) • Mandatory (8)-hours -
orientation course;
• Two hours trainers’
training.
Safety Officer 2 (SO2) Mandatory 40-hour basic -
OSH training course
applicable to the industry.
Safety Officer 3 (SO3) • Mandatory 40-hour At least (2) years of
basic training; experience in OSH
• Additional 48-hours of
advance/specialized
OSH training
• Other requirements as
prescribed by the OSH
Standards.
Section 14: Safety Officer
Category Prescribed Training Minimum
Experience
Safety Officer 4 • Mandatory 40-hour basic training; Actual experience
(SO4) • Additional 80-hours of as SO3 for at least
advance/specialized OSH training; (4) years.
• An aggregate of 320-hours of OSH
related training or experience
(additional training may be
converted to years of experience
where 80-hours of training may be
equal to 1-year and vice versa;
• Other requirements as prescribed
by the OSH Standards.
 Section 14: Safety Officer
Number of workers Low Risk Medium Risk High Risk
1 to 9 1- SO1 1- SO1 1-SO2
10 - 50 1- SO1 1- SO2 1- SO3
51- 99 1- SO2 1- SO2 1- SO2 & 1-SO3
100- 199 1-SO2 1- SO2 & SO3 1-SO2 &SO3
200- 250 2- SO2 or 1-SO3 1- SO2 & SO3 2- SO3
251- 500 2- SO2 & 1-SO3 2- SO3 1- SO2 & 2- SO3
501- 750 2- SO2 & SO3 2- SO3 1-SO2 & 2- SO3
751- 1000 2- SO3 2- SO3 1-SO2 & 2- SO3
Every additional 250 or - - plus 1- SO3 or
fraction thereof SO4
Every additional 500 or plus 1- SO3 Plus 1- SO3 or SO4 -
fraction thereof
 Section 15: Occupational Health Personnel
and Facilities

Number Low Risk Medium to High Risk

of First OH OH OH First OH OH OH
Workers Aider Nurse Dentist Physician Aider Nurse Dentist Physician

1-9 1 - - - - -
10-50 - - 1 - - -
51-99 - - 2 PT - -
100-199 2 2 PT - 2 1 FT 1 PT 1 PT
200-500 3-5 1 FT 1 PT 3-5 1 FT 1 PT 2 PT
501-2000 1 PT 2 PT or
6-20 1 FT 2 PT 6-20 1 FT 1 FT 1 FT
 Section 15: Occupational Health Personnel
and Facilities
Number of Low Risk Medium to High Risk
Workers FA Treatment Clinic Hospital FA Clinic Hospital
Room (number (number of Treatment (number of (number of
of beds) beds) Room beds) beds)
1-9 1 - - 1 - -
10-50 - - 1 - -
51-99 - 2 1 -
1
100-199 Additional 1 - 2 -
for ever 100
200-250 workers or a - Additional 1 -
fraction 2
251-500 thereof - for ever 50 Additional 1 -
workers or for ever 100
501-750 Additional - a fraction -
for every workers or
751-1000 200 - thereof a fraction -
workers or thereof
1001-2000 a fraction 1 1
thereof
Section 15: Occupational Health Personnel
and Facilities
The employer may not establish a hospital or dental clinic if the
workplace where there is a hospital or dental clinic which is located
not more than (5) kilometres away from the workplace, accessible in
not more than (25) minutes travel time, and the employer has
facilities readily available for transporting workers to the hospital or
dental clinic in cases of emergency.

For this purpose, the employer shall enter into a written contract with
the hospital for the use of such hospital for the treatment of workers
in cases of emergency.
Section 16: Safety and Health Training

All safety and

health personnel
shall undergo the
mandatory
orientation or
training on OSH as
prescribed by DOLE.
Said training shall
be evidenced by the
issuance of a
certification by
DOLE or a DOLE-
Accredited Safety
Section 16: Safety and Health Training

All workers shall

undergo the
mandatory workers’
OSH seminar as
prescribed by DOLE.
It may be conducted
by the safety officer
of the establishment
or any certified OSH
practitioner or
consultant.
 Section 17: Occupational Safety and
Health Reports
All employers, contactors or
subcontractors, if any, shall
submit to DOLE all safety
and health reports and
notifications such as but not
limited to:
• Annual medical report
(AMR);
• OSH committee reports;
• Employers’ work
accident/injury report
(WAIR);
• Annual work
Section 18: Workers’ Competency
Certification

All critical occupations shall undergo

mandatory competency assessment and
certification by TESDA.
Section 19: Workers’ Welfare Facilities
All establishments,
projects, sites and all
other places where work is
being undertaken shall
have the following free
welfare facilities in order
to ensure humane working
conditions:
• Adequate supply of safe
drinking water;
• Adequate sanitary and
washing facilities;
• Suitable living
Section 20: All Other Occupational
Safety and Health Standards

All employers,
contractors or
subcontractors, if any,
shall comply with
other occupational
safety and health
standards as provided
for in the
1978 DOLE
Occupational Safety
and Health Standards,
Section 21: Joint and Solidary Liability

The employer, project

owner, contractor or
subcontractor, shall
be JOINTLY AND
SOLIDARILY liable for
compliance with OSHS
including the
penalties imposed for
violation thereof.
 Section 21: Joint and Solidary
Section
Liability
23: Enforcement of OSHS

DOLE D.O. 183 Series 2017 shall

govern the conduct of
inspection, mandatory
conference, issuance of order
and execution of order.

1. Imminent danger – 24 hours

2. PPE – 3 days
3. Other OSHS violations – 90
days
Section 27: Employees’ Compensation
Claim

A worker may file claims

for compensation
benefit arising out of
work-related disability
or death.

The employer shall

provide the necessary
assistance to employees
applying for claims.
Section 28: Incentives to Employers and
Workers

There shall be
established package of
incentives under such
rules and regulations as
may be promulgated by
the DOLE to qualify
employers and workers
to recognize their
efforts towards ensuring
compliance with OSH.
Section 29: Prohibited Acts and its
Corresponding Penalties

Any willful failure or refusal of an employer,

contractor or subcontractor to comply with the
following OSH standards below or with a
compliance order issued by the Secretary of
Labor and Employment or his/her authorized
representative shall be penalized of the
administrative fines.
Section 29: Prohibited Acts and its
Corresponding Penalties
Registration of establishment to DOLE Php 20,000.00
Provision of job safety instruction or orientation prior to work Php 20,000.00
Provision of worker’s training (first aid, mandatory workers training, Php 25,000.00
mandatory OSH training for safety officers and health personnel)
Provision of safety signage and devices Php 30,000.00
Provision of medical supplies, equipment and facilities Php 30,000.00
Provision of safety officer and/or OH personnel Php 40,000.00
Provision of certified personnel or professionals required by the OSH Php 40,000.00
standards
Establishment of a safety and health committee Php 40,000.00
Formulation and implementation of a comprehensive safety and health Php 40,000.00
program
Section 29: Prohibited Acts and its
Corresponding Penalties
Provision of information on hazard and risk (absence of chemical safety data Php 40,000.00
sheet, no written SOP in materials handling, lifting etc., no permitting
system for confined spaces/hot works, no lock-out/tag-out system, etc.)
Provision of sanitary and welfare facilities Php 40,000.00
Use of approved or certified devicces and equipment for the task Php 50,000.00
Provision of PPE or charging of provided PPE to workers Php 50,000.00
Compliance with DOLE issued WSO Php 50,000.00
Compliance to other OSH standards Php 40,000.00

An employer, contractor or subcontractor who is found to have

repeatedly violated the same prohibited act shall be penalized of
the corresponding fine plus an additional equivalent to (50%)
thereof of every instance of repeat violation.
Section 29: Prohibited Acts and its
Corresponding Penalties
A separate and additional administrative fine of One hundred
thousand pesos (Php 100,000.00) shall be imposed if ANY of the
following acts is present AND there is non-compliance:
1. Repeated obstruction, delay or refusal to provide DOLE Sec or
any authorized representative access to covered workplace, refusal
to provide or allow access to records or obstruct the conduct of
investigation;
2. Misrepresentation in relation to adherence to OSH standards,
knowing such statement, report submitted to DOLE to be false in
any material aspect; or
Section 29: Prohibited Acts and its
Corresponding Penalties

3. Making retaliatory measures such as termination, refusal to pay,

reducing wages and benefits or in any manner discriminates
against any worker who has given information relative to the
inspection being conducted.
Section 29: Prohibited Acts and its
Corresponding Penalties
When the violation exposes the worker to death, serious injury or
serious illness, the imposable penalty shall be Php 100,000.00.

Should there be two or more non-compliances, all penalties shall

be imposed; provided that the total daily penalty shall not exceed
one hundred thousand pesos (Php 100,000.00).

The penalties shall be computed on a per day basis until full

compliance reckoned from the date of notice of violation or
service of the compliance order…