AN OVERVIEW OF REPUBLIC ACT NO. 11058
ME 3218- BASIC OCCUPATIONAL SAFETY AND HEALTH
CALOTES, JANEN MARIE C.
BSME 3-B
GOVERNMENT LEGISLATIONS
Labor Code of the Philippines (Presidential Decree No. 442, as amended)
The Labor Code contains provisions related to occupational safety and health, including the
general duty of employers to provide safe workplaces (Articles 162 and 168), requirements for
safety devices and equipment (Article 162), and regulations for hazardous work (Articles 163
and 168).
Department Order No. 13, Series of 1998 (DO 13)
Issued by the Department of Labor and Employment (DOLE), DO 13 establishes the
Guidelines Governing Occupational Safety and Health in the Construction Industry.
GOVERNMENT LEGISLATIONS
Presidential Decree No. 856, also known as the "Code on Sanitation of the
Philippines"
This law covers various aspects of public health and sanitation, including provisions related
to workplace hygiene and sanitation standards.
DOLE Department Order No. 16, Series of 2001
This order outlines the Implementing Rules and Regulations of Republic Act No. 6715. It
provides detailed guidelines on various aspects of labor standards, including occupational
safety and health, to ensure compliance with the law.
REPUBLIC ACT NO. 11058
“An Act Strengthening Compliance with
Occupational Safety and Health Standards and
Providing Penalties for Violations Thereof”
Signed : December 6, 2018
Published : January 9, 2019
Effective: January 25, 2019
DECLARATION OF POLICY
The state recognizes labor as
a key social and economic
force, and believes that a safe
and healthy workforce is an
essential
component
nation building.
of
COVERAGE
This legislation shall apply to
all establishments, projects,
and sites, as well as any other
locations
where
work
is
being done in all sectors of
the economy except, public
sectors.
DUTIES AND RIGHTS OF EMPLOYERS, WORKERS AND
OTHER PERSON
Workers' Right to Know :
Employees
have the right
to be
informed about workplace hazards
and
receive
procedures.
training
on
safety
DUTIES AND RIGHTS OF EMPLOYERS, WORKERS AND
OTHER PERSON
Workers' Right to Refuse Unsafe
Work:
Workers have the right to refuse to
perform tasks or duties they believe
to be unsafe or pose imminent
danger to their health or safety
without facing threats or reprisals
from their employer.
DUTIES AND RIGHTS OF EMPLOYERS, WORKERS AND
OTHER PERSON
Workers' Right to Report Accidents :
Workers and their representatives
have the right to report accidents,
dangerous occurrences, and hazards
to the appropriate authorities.
DUTIES AND RIGHTS OF EMPLOYERS, WORKERS AND
OTHER PERSON
Workers'
Right
to
Personal
Protective
Equipment (PPE) ):
Employers must provide free PPE to
workers
and
ensure
its
according to DOLE standards.
usage
DUTIES AND RIGHTS OF EMPLOYERS, WORKERS AND
OTHER PERSON
Safety Signage and Devices:
Workplaces must have visible safety
signage and devices to warn about
hazards, placed strategically and in
understandable language.
DUTIES AND RIGHTS OF EMPLOYERS, WORKERS AND
OTHER PERSON
Safety in the Use of Equipment:
Employers must adhere to DOLE
requirements regarding the use of
equipment
phases.
throughout
project
DUTIES AND RIGHTS OF EMPLOYERS, WORKERS AND
OTHER PERSON
Occupational Safety and Health
Information:
Workers
must
information
receive
about
safety
adequate
hazards
and preventive measures in their
workplace.
ENFORCEMENT OF OCCUPATIONAL SAFETY AND
HEALTH STANDARDS
The Secretary of Labor and Employment and authorized representatives have
the authority to enforce occupational safety and health standards in all
establishments, conducting annual spot audits on compliance.
No person or entity can obstruct or delay the orders issued by the Secretary or
authorized representatives under Article 128 of the Labor Code, and no lower
court can intervene in enforcement orders.
ENFORCEMENT OF OCCUPATIONAL SAFETY AND
HEALTH STANDARDS
The Secretary can order the stoppage of work if noncompliance poses grave
danger to workers' health and safety, following procedures outlined in Article
128 and relevant regulations.
Inspections by the Secretary or authorized representatives are mandatory for all
establishments, regardless of size or nature of operation, with chartered cities
possibly conducting inspections in coordination with the DOLE, subject to
national standards.
ENFORCEMENT OF OCCUPATIONAL SAFETY AND
HEALTH STANDARDS
Payment
of
Workers
During
Work Stoppage Due to Imminent
Danger.
Employers are obligated to pay
workers their wages during work
stoppages
due
to
imminent
danger resulting from violations or
faults of the employer.
ENFORCEMENT OF OCCUPATIONAL SAFETY AND
HEALTH STANDARDS
Employee’s Compensation Claim.
Workers have the right to file
compensation claims for workrelated
disabilities
or
deaths
independently of employer fault,
gross negligence, or bad faith.
ENFORCEMENT OF OCCUPATIONAL SAFETY AND
HEALTH STANDARDS
Incentives to Employers.
The
Department
of
Labor
and
Employment (DOLE) offers incentives to
qualified employers who demonstrate
compliance with OSH and general labor
standards.
PROHIBITED ACTS
Employers, contractors, or subcontractors who willfully fail to comply with OSH
standards or orders from the Secretary of Labor and Employment may face
administrative fines of up to ₱100,000 per day until the violation is corrected, with
the maximum amount imposed for severe violations posing risks of death or
serious injury.
PROHIBITED ACTS
In addition to daily fines, those who willfully disobey OSH standards or compliance
orders and engage in obstructive acts, misrepresentations, or retaliatory measures
against workers may incur a separate maximum administrative fine of ₱100,000.
(1)
Obstructing
OSH
investigations
by consistently
denying
access
or
withholding necessary records.
(2)
Knowingly
submitting
false statements or reports concerning
OSH
standards.
(3)
Making retaliatory measures any manner discriminates against any
workers who has given
conducted.
information relative to the inspection
being
“This Act which is a consolidated of House Bill No. 64
and Senate Bill No. 1317 was passed by the House of
Representatives and the Senate on May 22, 2018.”