The passage of RA 11058, “An Act Strengthening Compliance with Occupational Safety and Health (OSH) Standards and Providing Penalties for Violations Thereof” in August 2018 with its Implementing Rules and Regulations in December 2018 mandates workplaces to ensure worker safety and safeguard their health while at work.
To become familiar with the provisions of the IRR in order to properly align UP Manila’s Occupational Safety and Health (OSH) initiatives, the College of Public Health’s Department of Environmental and Occupational Health held a forum on 30 April 2019 attended by the UPM Health and Safety Committee members, faculty, graduate students and alumni as well as OSH personnel from corporate establishments.
Dr. Ma. Teresita S. Cucueco, Director, Bureau of Working Conditions, Department of Labor and Employment and a CPH alumna, stressed that the implementation of the Act will always uphold safety and health in all workplaces. This will cover all establishments, project sites and other places where work is being undertaken and all branches of economic activity with the exception of the public sector since DOLE is the main implementing institution of RA 11058.
“If you have so much work-related disabilities, injuries, and even deaths, then there will be no one to invest and that would mean losses for the country,” Dr. Cucueco said. Quoting from the latest data from the Philippine Statistics Authority, she stated that the work-related accidents and illnesses are musculoskeletal, cardiovascular, occupational lung diseases and asthma, and skin diseases and that they are mostly under reported. Prior to the law, the main health and safety problems were non-adherence to reporting of work-related accidents and other OSH requirements, sustainability of compliance with labor laws and standards, and lack of commitment from management and workers.
“RA 11058 carries the same weight as the labor code and that is why compliance is one of the driving forces for this law,” the DOLE official stressed. “However, if you are in the government and you have private contractors such as security guards, janitors, and construction workers, they are covered because the contract with a private sector entails a solidarity liability.”
Dr. Cucueco discussed the personnel necessary to implement health and safety. She pointed out that first aiders must be present in any workplace and that they should have training with the Red Cross and any organization authorized by the DOLE. She added that safety officers should be regular employees of the company and trained by the DOLE or a DOLE-accredited training organization and should be categorized in different levels with the required number hours of training.
For micro establishments with less than 10 workers and low risk establishments with 10-50 workers, the OSH committee will be composed of three persons – the chairperson, who is the company owner or manager, the secretary, who is the safety officer, and at least one member. The company owner, manager or one of the workers shall undertake first aid training from the Philippine Red Cross or any DOLE-recognized organization.
For medium to high risk establishments with 10-50 workers and low to high risk establishments with 51 workers and above, the OSH committee will be composed of the Ex-officio chairperson, who is the employer or his representative; the Secretary, who is the safety officer; the Ex-officio members, who are the first aider, company nurse, dentist, or physician; and the members.
For two or more establishments housed under one building or complex, the health and safety committee organized in each workplace shall form themselves into a Joint Coordinating Committee composed of the Chairperson, who is the building owner or representative; the Secretary, who is the safety officer of the building appointed by the chairperson; and Members, which is composed of at least two safety officers from any of the establishment and at least two worker’s representative. The building administrator shall ensure that the joint OSH committee shall submit its organizational plans and minutes to the DOLE Regional Office, copy furnished the Bureau of Working Condition.
Dr. Cucueco stated that employers should provide a place of employment free from hazardous condition, with job safety instructions, ensure that the hazards are under control, provide the necessary training, medical examination, and provisions of Personal Protective Equipment (PPE) and safety devices, conduct proper drills, device evacuation plans and procedures to deal with emergencies such as fire and accidents including first aid. They should comply with all reportorial requirements.
In turn, workers should participate in capacity-building activities, properly use the safeguards and safety devices, comply with instructions, observe the prescribed steps in case of emergencies and report to the supervisor any work hazard.
“A worker can refuse unsafe work without threat or reprisal, if and imminent danger situation exists. Then of course the safety officer can also issue a work stoppage order as a preventive measure, again that is without fear of reprisal and a safety Officer cannot require the workers to return to work where there is continuing imminent danger,” she asserted.
Charmaine Lingdas | Published in UP Manila Healthscape March-April 2019
