DEPARTMENT ORDER NO.

198,
SERIES OF 2018
IMPLEMENTING RULES AND REGULATIONS OF REPUBLIC ACT NO. 11058
ENTITLED “AN ACT STRENTHENING COMPLIANCE WITH
OCCUPATIONAL SAFETY AND HEALTH STANDARDS AND PROVIDING
PENALTIES FOR VIOLATIONS THEREOF”

JOSEPH GIL E. CABRERA, RN

Senior Labor and Employment Officer
OBJECTIVES:
1. STATE THE LEGAL BASES, PURPOSE AND COVERAGE OF THE
OCCUPATIONAL HEALTH & SAFETY;
2. APPLY THE PRINCIPLES OF OSH FOR DIFFERENT TYPES OF
WORKPLACES.
3. DISCUSS HOW THE OSH LAWS, POLICIES, RULES AND
REGULATIONS ARE ADMINISTERED AND ENFORCED.

3
DECLARATION OF POLICY:

The State:
 shall ensure that the provisions of the Labor Code of the
Philippines, all domestic laws, and internationally-recognized
standards on OSH are being fully enforced and complied with by
the employers, and shall provide penalties for any violation

 shall protect every worker against injury, sickness or death

through safe and healthful working conditions

 shall promote strict but dynamic, inclusive, and gender-sensitive

measures in the formulation and implementation of policies and
programs related to OSH
EFFECTIVITY:

SIGNED: 06 DECEMBER 2018

PUBLISHED: 9 JANUARY 2019

EFFECTIVE: 25 JANUARY 2019

DUTIES AND RIGHTS
WORKER’S RIGHTS:
EMPLOYER’S DUTIES: PROVIDE A SAFE AND
HEALTHY WORKPLACE THROUGH THE  KNOW THE DIFFERENT TYPES OF
FOLLOWING AMONG OTHERS: HAZARDS;

Provid • Provide capacity building ;  BE PROVIDED WITH TRAINING,

e
EDUCATION, AND ORIENTATION;
Provid • Provide information on OSH;
e  REFUSE UNSAFE WORK IN CASES
• Use devices/equipment with approved OF IMMINENT DANGER; AND
Use industry standards; and
 REPORT ACCIDENTS AND
Provid • Provide appropriate PPEs free of charge. DANGEROUS OCCURRENCES.
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 SALIENT FEATURES

1. The law expounded the definition of employer that includes contractors and sub-contractors.

2. It expounded the inclusion criteria of a workplace.

3. The law provides for micro and small businesses

(based on number of workers).

4. The law is rights based.

a) Worker’s right to information was emphasized.

b) The worker has the right of refusal to work without threat or

reprisal from the employer (subject to DOLE determination).

c) Workers were given the rights to report accidents occurring

in their workplace.

d) Safety Officers were empowered to issue WSO.

e) Worker’s right to appropriate PPE was strengthened.

5. Requires the submission of safety and
health program to DOLE for its approval.

6. All workers shall undergo the mandatory 8

hours safety and health seminar as required
by the DOLE

7. Workers’ welfare facilities were made

mandatory.

8. The total cost of implementing a duly

approved safety and health program was made
as an integral part of the operations cost.
9. Inclusion of social partners in OSH
inspections.

10. Inclusion of social partners in OSH

inspections.

11. Prohibits any kind of self-assessment

as this shall not take the place of labor
inspection conducted by the DOLE.
12. The authority to enforce mandatory OSH
standards may be delegated by the Secretary of
Labor and Employment to a competent
government authority. (ex. TSI delegated to
LGUs).
13. EC claims filed by the worker shall be
processed independently of the finding of fault,
gross negligence or bad faith of the employer in a
proceeding instituted for the purpose.

16.Imposition of stiffer penalties.

 WORKPLACE
CLASSIFICATION BASED ON
RISKS

Low risk workplace –low Medium risk workplace High risk workplace –
level of danger or expo- – moderate exposure to presence of hazard or
sure to safety and health safety and health potential hazard within
hazards and not likely or hazards and with the company may affect
with low probability to probability of an the safety and/or health
result in accident, harm accident, injury or of workers. 12

or illness. illness. DOLE-Bureau of

Working Conditions
 OCCUPATIONAL
SAFETY AND
HEALTH
OSH PROGRAM (OSH)
SHALL BE SUBMITTED AND DEEMED APPROVED
PROGRAMS
UPON RECEIPT BY CONCERNED DOLE-RO OR FO.
THE OSH COMMITTEE SHALL REVIEW AND EVALUATE THE
PROGRAM AT LEAST ONCE A YEAR OR AS NECESSARY.
A SUITABLE CONSTRUCTION SAFETY AND HEALTH PROGRAM
(CSHP) SPECIFIC FOR EACH CONSTRUCTION PROJECT SHALL BE
SUBMITTED TO CONCERNED DOLE- RO OR FO FOR ITS APPROVAL
PRIOR TO START OF THE PROJECT.
THE TOTAL COST OF IMPLEMENTING OSH PROGRAMS SHALL BE
AN INTEGRAL PART OF THE COMPANY’S OPERATIONS COST.
13
 SAFETY OFFICER:

•SAFETY OFFICER – ANY EMPLOYEE OR OFFICER OF THE

COMPANY TRAINED BY DOLE OR DOLE-ACCREDITED
TRAINING ORGANIZATION AND TASKED BY THE
EMPLOYER TO IMPLEMENT AN OSH PROGRAM
 DEFINITION OF TERMS

Safety Officer 1 (SO1) – Safety Officer 2 (SO2) – Safety Officer 3 (SO3) Safety Officer 4 (SO4)
an employee who has an employee who has - 40-hour OSH training - 4o-hour OSH training
completed the completed the course applicable to course
the industry - 80 hours of advanced/
mandatory eight (8)- mandatory forty 40-
- additional 48 hours of specialized
hour OSH orientation hour OSH training
advanced/ specialized Occupational Safety
course as prescribed in course applicable to training course
OSH training course
the OSH standards and the industry as - at least 2 years - aggregate of 320 hours
two (2)-hour trainer’s prescribed in the OSH experience in OSH of OSH related training
training. standards. or experience
SAFETY OFFICER
Minimum number of safety officer for all covered workplaces shall be as follows:

The engagement of the

services of a certified
OSH consultant (SO4)
shall be allowed for a
period not longer than 1
year for establishments
whose designated safety
officer has to be trained
or is in the process of
completing the
prescribed training
courses and relevant
experience.
OSH PERSONNEL COMPLEMENT
ALL COVERED WORKPLACES SHALL HAVE QUALIFIED OSH
PERSONNEL FOR THE FOLLOWING:
 First Aider  Dentist
 Safety Officer  Physician
 Nurse

NUMBER AND TYPE OF OSH PERSONNEL ARE BASED ON

THE NUMBER OF EMPLOYEES AND THE CORRECT
DETERMINATION BY THE SAFETY OFFICER OF HIS/HER
WORKPLACE RISK CLASSIFICATION
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DOLE-Bureau of
Working Conditions
OCCUPATIONAL HEALTH PERSONNEL
AND FACILITIES
The number of health personnel, which may be classified as full time (FT) or part-time (PT),
equipment and facilities, and the amount of supplies shall be proportionate to the total number
of workers and the risk or hazard involved in the workplace, the ideal ratio of which shall be as
follows:
Covered workplaces shall
have qualified
occupational health
personnel such as certified
first-aiders, nurses,
dentists, and physicians
duly complemented with
the required medical
supplies, equipment and
facilities.
OCCUPATIONAL HEALTH PERSONNEL
AND FACILITIES
OCCUPATIONAL HEALTH PERSONNEL
AND FACILITIES
Every employer covered by this Rules shall provide his/her workers medical services and facilities
and shall not be an excuse by employer from maintaining in his/her workplace a first aid
treatment room or clinic for workers which shall be as follows:
OCCUPATIONAL HEALTH
PERSONNEL AND FACILITIES
The employer may not establish a hospital or dental clinic
in the workplace where there is a hospital or dental clinic
which is located not more than five (5) kilometers away
from the workplace, accessible in not more than twenty-
five (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.
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:

a) Adequate supply of safe drinking water;

b) Adequate sanitary and washing facilities;
c) Suitable living accommodation for workers, as may be applicable such
as in construction, shipping, fishing and night workers;
d) Separate sanitary, washing and sleeping facilities for all gender, as
may be applicable;
e) Lactation station except those establishments as provided for under
DOLE Department Order No. 143-15;
f) Ramps, railings and the like; and
g) Other workers’ welfare facilities as may be prescribed by the OSH
standards and other issuances.
 SAFETY AND HEALTH
TRAINING REQUIREMENTS
ALL OSH PERSONNEL SHALL UNDERGO THE PRESCRIBED
MANDATORY TRAININGS FROM DOLE OR DOLE-ACCREDITED
TRAINING ORGANIZATIONS OR ITS RECOGNIZED TRAINING
INSTITUTIONS.
ALL WORKERS SHALL UNDERGO THE MANDATORY 8-HOUR
WORKERS’ OSH SEMINAR AS PRESCRIBED BY DOLE.
WORKERS PERFORMING CRITICAL OCCUPATIONS SHALL UNDERGO
THE MANDATORY COMPETENCY ASSESSMENT AND CERTIFICATION
BY TESDA.
ORIENTATIONS, SEMINARS, AND TRAININGS REQUIRED BY THE
EMPLOYER OR BY OTHER REGULATIONS, IN THE PERFORMANCE OF23

THEIR TASK, SHALL BE UNDERTAKEN AT NO COST TO THE WORKER

DOLE-Bureau of
Working Conditions
 DEFINITION OF TERMS

Safety Officer 1 (SO1) – Safety Officer 2 (SO2) – Safety Officer 3 (SO3) Safety Officer 4 (SO4)
an employee who has an employee who has - 40-hour OSH training - 4o-hour OSH training
completed the completed the course applicable to course
the industry - 80 hours of advanced/
mandatory eight (8)- mandatory forty 40-
- additional 48 hours of specialized
hour OSH orientation hour OSH training
advanced/ specialized Occupational Safety
course as prescribed in course applicable to training course
OSH training course
the OSH standards and the industry as - at least 2 years - aggregate of 320 hours
two (2)-hour trainer’s prescribed in the OSH experience in OSH of OSH related training
training. standards. or experience
 JOINT AND
SOLIDARY
LIABILITY
THE EMPLOYER, PROJECT OWNER,
CONTRACTOR, OR SUBCONTRACTOR, IF
ANY, AND ANY PERSON WHO MANAGES,
CONTROLS OR SUPERVISES THE WORK
BEING UNDERTAKEN SHALL BE JOINTLY
AND SOLIDARILY LIABLE FOR
COMPLIANCE WITH OCCUPATIONAL
SAFETY AND HEALTH STANDARDS
INCLUDING THE PENALTIES IMPOSED FOR
VIOLATION THEREOF AS PROVIDED FOR IN 25

THIS RULES. DOLE-Bureau of

Working Conditions
 PENALTIES FOR
VIOLATIONS
WILLFUL FAILURE OR
REFUSAL TO COMPLY WITH
THE OSH STANDARDS OR
COMPLIANCE ORDERS
ISSUED BY DOLE SHALL BE
PENALIZED WITH
P100,000.00 DAILY FINE
UNTIL FULL COMPLIANCE
RECKONED FROM THE DATE
OF ISSUANCE OF NOTICE OF
RESULTS OR COMPLIANCE 28

ORDER.
DOLE-Bureau of
Working Conditions
PROHIBITED ACTS AND
ITS CORRESPONDING PENALTIES
 When the violation exposes the worker to death, serious injury or serious illness, the
imposable penalty shall be one hundred thousand pesos (₱100,000.00)
 The penalties shall be computed on a per day basis until full compliance reckoned from the
date of the notice of violation or service of the compliance order to the employer without
prejudice to the filing of a criminal or civil case in the regular courts, as the case may be.
 * The RD shall, after due notice and hearing, impose the appropriate administrative fines
taking into consideration the damage or injury caused and risk involved including the
severity and frequency of the OSH violations and size of the establishment.

 Fines collected pursuant to this Rules shall be utilized for the operation of OSH initiatives
incentivizing qualified employers and workers in recognition of their efforts towards
ensuring compliance with OSH.
SUMMARY OF ADMINISTRATIVE RULES

N otification and Keeping of Records of Accidents and/or

Occupational Illnesses (Rule 1050)

O ccupational Health Services (Rule 1960)

R egistration of business (Rule 1020)
T raining and Accreditation of Personnel
in OSH (Rule 1030)
H ealth & Safety Committee (Rule 1040)
SUMMARY OF REPORT REQUIREMENTS

W ork Accident/Illness Report (WAIR)

A nnual Exposure Data Report (AEDR)
R eport of Safety Organization (RSO)
M inutes of the Meetings of Health and Safety Committee
A nnual Medical Report (AMR)
 AS A
RECAP:
END OF PRESENTATION
THANK YOU!