RULES AND REGULATIONS IMPLEMENTING EXECUTIVE ORDER NO.

307 ESTABLISHING AN OCCUPATIONAL SAFETY AND HEALTH CENTER IN THE EMPLOYEES' COMPENSATION COMMISSION STATEMENT OF AUTHORITY These Implementing Rules and Regulations are issued pursuant to the authority of the Employees Compensation Commission (ECC) under Section 8 of Executive Order o! "#$ esta%lishing the Occupational Safety and &ealth Center (OS&C)! RULE I DECLARATION OF POLICY Secti ! ". It i# t$e %ec&'(e% ) &ic* + t$e C ,,i##i ! t '! upgrade the capa%ility of (overnment to prevent) eliminate or reduce *or+, related in-uries) illnesses and deaths. this is to contain economic losses in terms of man,hours) destruction of property and expenditure for employee/s compensation) as *ell as social cost related to the suffering of victims of industrial accidents or out%rea+s of occupational diseases and their families. 0! implement effectively occupational health and safety programs that *ill promote the health) efficiency and general *ell,%eing of the 1ilipino *or+ers through the improvement of the 2uality of his *or+ing life that *ill enhance significantly the productivity of industries and %usiness all %eing critical factors in the attainment of national development goals and at the same time. and "! maintain an expert intelligence and training center for industrial disease and occupational safety that *ill provide the operational frame*or+ and mechanisms for the achievement of the o%-ectives set forth in E!O! "#$) 3!4! 505 as amended) the 6a%or Code of the 3hilippines as amended) and other related legislations! RULE II DEFINITION OF TERMS Secti ! .. De+i!iti ! + Te(,# / T$e te(,# '# 0#e% i! t$e#e R0&e# #$'&& $'1e t$e + && 2i!3 ,e'!i!3#'! B '(% 7 refers to the (overning 8oard of the Employees/ Compensation Commission. 0! Ce!te( 7 refers to the Occupational Safety and &ealth Center (OS&C). "! C&ie!t 7 refers to *or+ers) companies) pu%lic or private offices) trade unions and *or+ers/ organi9ations or any organi9ations:communities re2uesting for or re2uiring technical assistance from the OS&C. it includes internal clients *hich refers to the 4O6E %ureaus and agencies and other sta+eholders such as government organi9ations) non,government organi9ations) professional organi9ations and the academe. ;! DOLE 7 refers to the 4epartment of 6a%or and Employment

<! E,)& *ee 7 any person hired) permitted or suffered to *or+ %y an employer.;!Employer 7 any person) natural or -uridical) employing the services of an employee 5! E,)& *ee# C ,)e!#'ti ! C ,,i##i ! 4ECC56 an attached agency of the 4O6E esta%lished through 34 505 mandated to promote and develop a tax, exempt employees/ compensation program *here%y employees and their dependents) in the event of *or+,connected disa%ility or death) may promptly secure ade2uate income %enefits and medical or related %enefits! $! I!%0#t(i'& H*3ie!e 7 is the science and art of anticipation) recognition) evaluation) and control of physical) chemical) %iological) and ergonomic ha9ards or stressors arising in or from the *or+place) *hich may cause harm or induce discomfort or adverse health effects to *or+ers or mem%ers of the community! (1undamentals of Industrial &ygiene) '==5) 8! IRR 7 refers to the Implementing Rules and Regulations of EO "#$ =! Occ0)'ti !'& S'+et* '!% He'&t$ 4OSH5 7 is defined as the a) promotion and maintenance of the highest degree of physical) mental and social *ell,%eing of *or+ers in all occupations. %) prevention among its *or+ers of any departures from health caused %y their *or+ing conditions. c) protection among *or+ers in their employment from ris+s usually from factors adverse to health and d) placing and maintenance of the *or+er in an occupational environment adapted to his:her physiological a%ility! '#! 7 (8e( 7 any mem%er of the la%or force) *hether employed or unemployed) *age or non,*age! ''! 7 (8)&'ce , refers to the office) premises or *or+site *here a *or+er is temporary or ha%itually assigned! >here there is a no fixed or definite *or+place) the term shall include the place *here the *or+er actually performs regular *or+) or *here he regularly reports to render service or to ta+e an assignment! '0! Tec$!ic'& G0i%e&i!e# 7 refer to an instrument for improving safety and health in the *or+place! They refer to the materials of mechanical or scientific nature issued for the purpose of advice) as %asis for policies and actions on OS& matters! 4eveloped through consultation *ith the sta+eholders) they provide procedures for clarifying and implementing existing regulations) la*s and standards!

RULE III FUNCTIONS OF THE OCCUPATIONAL SAFETY AND HEALTH CENTER The OS&C is esta%lished in the Employees Compensation Commission! Secti ! 3. C 1e('3e + Se(1ice# The services of the Occupational Safety and &ealth Center (OS&C) shall cover the preventive (primary) secondary) tertiary prevention) aspects of occupational safety and health in every *or+place) pu%lic or private!

The Center shall serve as the authority on Occupational Safety and &ealth in the areas of research) training and information dissemination and technical services! Secti ! 9. Re#e'(c$ The Center shall underta+e studies and researches on all aspects of occupational safety and health! It shall focus on studies? '! to prevent and reduce occupational and *or+,related in-uries and illnesses. 0! to continuously revie* and support the updating of the list of occupational illnesses as prescri%ed in 34 505) Employees/ Compensation and State Insurance 1und. and "! to aid standard setting and enforcement of OS& Standards! Relative to its research functions) the Center) through its technical personnel) shall have access to employers/ premises and records to study any fact) condition or matter *hich may %e necessary in pursuance of said research activities! Such researches shall not %e the %asis of any action against any individual) employer or *or+ers and shall %e su%-ect to the confidentiality of trade secrets under Rule '##5 of the Occupational Safety and &ealth Standards! Secti ! :. T('i!i!3 The Center shall %uild and strengthen a pool of capa%le trainers in OS& nation*ide in partnership *ith sta+eholders and shall ta+e the lead in developing a training agenda in consultation *ith its partners and sta+eholders! The Center shall focus its efforts on planning) developing and implementing comprehensive and gender sensitive training programs in the field of occupational safety and health! Secti ! ;. C&e'(i!3 H 0#e + I!+ (,'ti ! The Center shall serve as the clearing house of information and innovative methods) techni2ues and approaches in dealing *ith occupational safety and health pro%lems! It shall develop mechanisms for information dissemination and exchange to *or+ers) employers) general pu%lic and sta+eholders through mass media) electronic media and other forms of dissemination such as pu%lications) conferences) or consultations! It shall develop and strengthen a speciali9ed li%rary on OS& to serve %oth the Center/s staff as *ell as clients/ mem%ers and sta+eholders! The OS&C shall function as the CIS Center of the I6O in the 3hilippines! Information on OS& *ill range from prevention through *or+place and community efforts. to early detection through prompt and effective interventions and to measures that reduce accidents) illnesses) and impairments) among others! Secti ! 7. Tec$!ic'& Se(1ice# The Center/s expertise shall %e extended to the *or+ers) pu%lic and private sectors) trade unions and other *or+ers/ organi9ations and to other government and non, governmental institutions! It shall render technical assistance and advice as re2uested %y client:s in connection *ith specific OS& pro%lems:issues! It shall pro,

actively provide technical assistance in cooperation *ith the la%or inspectors in cases of imminent danger) accidents) affecting %oth *or+ers and the community! The technical services may include the follo*ing? medical surveillance occupational health examinations health ha9ard evaluation *or+ environment measurements safety audit development and issuance of technical guidelines testing of 3ersonal 3rotective E2uipment evaluation of ventilation systems. formulation of policies and programs on OS& RULE IV FUNCTIONAL RELATIONSHIPS Secti ! <. A%,i!i#t('ti1e c !ce(!# =et2ee! OSHC '!% ECC Sec(et'(i't The Center shall %e governed %y the same administrative and financial rules as the ECC Secretariat! Secti ! >. Tec$!ic'& C !ce(!# =et2ee! OSHC '!% ECC Sec(et'(i't The Center shall provide expertise to ECC on safety and health matters) for example? '! assist the ECC in the revie* and formulation of its policies and programs. 0! assist in the continuing revie* and updating of the list of compensa%le diseases. "! underta+e studies and researches especially relating to the esta%lishment of causal connection %et*een diseases and occupations. and the development of medical criteria in determining the nature and extent of impairment or diminution of health) functional capacity or life expectancy of the employees as a result of their *or+ and *or+ing conditions and on such other topics as the ECC may as+ it to underta+e. and ;! provide any and all technical assistance that the ECC may re2uest from it! Secti ! "0. F0!cti !'& (e&'ti !#$i)# =et2ee! OSHC '!% B0(e'0 C !%iti !# 4B7C5 + 7 (8i!3

The Center and the 8>C shall coordinate *or+ in the follo*ing areas? '! conducting continuing programs to increase the supply of 2ualified personnel and enhance their competence in monitoring the provisions of the OS& Standards. 0! planning) developing and implementing training programs in the field of OS& for the private sector and government agencies! The Center shall provide technical assistance in the development of prescri%ed training modules and core competencies on OS& under the amended Rule '#"# s!0##'. "! formulating the re2uired training programs incorporating up,to,date OS& practices and technologies.

;! revie*ing and updating OS& standards. <! voluntary compliance under the la%or inspection frame*or+ thru assistance visits. and 5! identifying research agenda necessary to support the implementation and the revie* of Occupational Safety and &ealth Standards (OS&S) and ne* policies on safety and health at *or+! Secti ! "". F0!cti !'& (e&'ti !#$i)# =et2ee! OSHC '!% DOLE Re3i !'& O++ice# The Center shall coordinate the implementation of its functions *ith 4O6E Regional Offices? '! In capa%ility %uilding of la%or inspectors in speciali9ed OS& topics. 0! In providing technical assistance in aid of enforcement) revie* of national:international instruments. and "! In assisting evaluation! program development) implementation) monitoring and

RULE V LIN?AGES Secti ! ".. Li!8'3e# =et2ee! OSHC '!% t$e( G 1e(!,e!t O(3'!i@'ti ! 4GO56 N !AG 1e(!,e!t O(3'!i@'ti ! 4NGO5 '!% #t'8e$ &%e(# The Center shall assist and expand colla%orative partnerships *ith (overnment agencies) la%or and employer groups) (Os and other sta+eholders in the area of research) training) information dissemination) technical services and in the formulation of rules and regulations!

RULE VI GOVERNING BOARD Secti ! "3. P 2e(# '!% F0!cti !# + t$e B '(% In addition to its %asic responsi%ility as the (overning 8oard of the Center) the (overning 8oard of the Employees/ Compensation Commission shall? '! initiate policies and programs to*ards ade2uate occupational health and safety and accident prevention in the *or+ing environment. 0! adopt annually) a %udget of expenditures of the Commission and its staff chargea%le against the State Insurance 1und. "! provide policy directions and advice in the exercise of all the functions and po*ers necessary to attain the purposes and o%-ectives of the EO "#$ thru strategic planning) %oard decisions) recommendations and instructions. ;! address policy and program directions governing the vulnera%le sector *ho are not covered %y the regular %udget.

<! approve and revie* the Center/s organi9ational and administrative structure) staffing and compensation patterns and corporate operating %udget. 5! appoint the technical staff and other personnel of the Center. $! assess and fix the rate of dues) charges) or fees for the use of the Center/s premises) facilities) services and other fees and charges related to the activities of the Center as *ell as determine the uses %y *hich the funds accumulated from such shall %e used. and 8! approve monetary grants and %enefits in addition to entitlements authori9ed %y the 4epartment of 8udget and @anagement and:or the Office of the 3resident! Secti ! "9. Meeti!3# The (overning 8oard shall meet at least once a month to effectively carry out its duties and responsi%ilities under EO "#$! Special meetings may %e convened *henever necessary! RULE VII DUTIES OF THE EXECUTIVE DIRECTOR Secti ! ":. D0tie# + t$e EBec0ti1e Di(ect ( Ander the direct supervision of the Employees/ Compensation Commission) the Executive 4irector *ho also serves as an ex,officio) non,voting mem%er of the 8oard shall carry out the follo*ing duties! &e:She shall? '! render technical advice to the Secretary of 6a%or and Employment and the 8oard on matters pertaining to occupational safety and health. 0! execute policies and programs approved %y the 8oard. "! ensure the smooth conduct of operations and management functions of the Center. ;! promote and strengthen the role of the OS&C as a national clearing house on occupational safety and health concerns. <! plan) prepare and oversee the implementation of the strategic plan and annual *or+ program of the OS&C. 5! tap external donor assistance to support programs and services for clients not covered %y the State Insurance 1und. $! recommend the appointment of personnel and technical staff to the 8oard. 8! su%mit periodic reports to the (overning 8oard on the status of the Center/s program implementation. and =! perform such other functions as provided %y la* and as may %e directed %y the 8oard! RULE VIII

MISCELLANEOUS PROVISIONS Secti ! ";. ReC0e#t + ( Tec$!ic'& A##i#t'!ce Re2uests for technical assistance shall %e in *riting except in cases of imminent danger *here non,*ritten re2uest *ould suffice! The Center shall contact and *or+ *ith the Regional Offices as appropriate *hen rendering technical assistance to re2uesting companies conducted outside of the Center/s office premises! 1indings) recommendations and services shall %e given to the authori9ed re2uesting client(s) *ithin the shortest possi%le time! 1or imminent danger) results shall %e given immediately to re2uesting clients! Secti ! "7. Se)'('=i&it* C&'0#e If any provision of the Executive Order and these Rules is held invalid or unconstitutional) any other provision not so affected shall continue to %e valid and effective! Secti ! "<. Re)e'&i!3 C&'0#e Bll la*s) ordinances) rules) regulations) other issuances or parts thereof) *hich are inconsistent *ith these Rules are here%y repealed or modified accordingly! RULE IX EFFECTIVITY Secti ! ">. E++ecti1it* These rules and regulations shall ta+e effect immediately! LUCITA S. LADO Andersecretary) 4epartment of 6a%or and Employment Chairman,4esignate) ECC (overning 8oard FELICIDAD A. GUTIERRED ARTURO G. SAN GABRIEL @em%er,4esignate @em%er,4esignate (overnment Service Insurance System Social Security System MIGUEL B. VARELA VLADIMIR R. TUPAD @em%er Representing Employers @em%er Representing) Employees DR. MARGARITA GALON ELMOR D. EURIDICO @em%er,4esignate Executive 4irector 3hilippine &ealth Insurance Employees/ Compensation Commission

BTTESTE4 8C?

DR. DULCE P. ESTRELLAAGUST Executive 4irector Occupational Safety and &ealth Center A!!eB I GLOSSARY OF TERMS '! Clearing House of Occupational Safety and Health Information 7 refers to the central office for collection and dissemination of OS& information! 0! Ergonomic Hazards , include improperly designed tools or *or+ areas) improper lifting or reaching) poor visual conditions) or repeated motions in an a*+*ard positions *hich can result in accidents or illnesses in the *or+place. (1undamentals of Industrial &ygiene '=88)! "! Hazardous equipment 7 refers to plant e2uipment *hich %y their very nature have the potential of causing severe or fatal in-ury to the *or+er or operator i!e! %oiler and pressure vessels) crane and other lifting e2uipment) press machines) *ood*or+ing machines and other similar e2uipment! ;! Hazardous work processes 7 refer to *or+ operations or practices performed %y a *or+er in the esta%lishment or *or+place in con-unction *ith or as an incident to such operations or practices and *hich expose the employees to ha9ards li+ely to cause any disa%ling in-ury) illness) death or physical or psychological harm. (@C!0) S!'==8)! <! Hazardous materials or substances 7 refers to su%stances *hich upon exposure results or may result in adverse effects on health and safety of humans in an occupational setting! It may refer to su%stances in solid) li2uid or gaseous form +no*n to constitute toxic) flamma%le) explosive) corrosive) oxidi9ing and radioactive properties. 5! Health Hazard Evaluation 7 means the investigation and determination of potentially toxic or ha9ardous effects of any su%stance normally used or found in any place of employment to *hich the OS& Standards is applica%le or any su%stance and physical agent normally used or found in any place of employment to *hich the OS&S is applica%le! It *ill also include investigation of toxic su%stances and physical ha9ards not yet included in the OS&S! $! Imminent anger , refers to a condition or practice in any *or+place that could reasona%ly %e expected to cause death or serious physical harm %efore a%atement until the enforcement procedures can %e accomplished. 8! Occupational Hazards , refers to various environmental factors or stresses that can cause sic+ness) impaired health) or significant discomfort in *or+ers and can %e classified as chemical) physical) %iological or ergonomic! =! Occupational Health Surveillance 7 the continuous) systematic use of routinely collected health data to guide OS& decisions and actions! '#! OSH !rainings , are interventions conducted to facilitate learning on occupational safety and health) the results of *hich can contri%ute to the attainment of %etter and improved OS& conditions!

''! "ersonal "rotective Equipment #""E$ 7 refers to devices *orn %y *or+ers to protect them against ha9ards in the *or+ environment including %ut not limited to safety helmet) safety spectacles) face shields) ear plugs:muffs) respirators) chemical gloves) safety %elt:harness) *or+ing clothes) safety shoes! '0! "rimary "revention "rogram on OSH , is the promotion of health %y personal) *or+place and community,*ide efforts! This includes the preventive strategies such as advocacy) information dissemination) capa%ility %uilding through training) research and interventions on *or+place improvements. '"! Safety device 7 refers to mechanical) electrical) hydraulic or other device *hich prevent or restricts the dangerous or harmful influence on a person that can %e caused %y the machinery) the processed materials and their surroundings! ';! Secondary "revention program on OSH , are the measures availa%le to individuals and populations for the early detection and prompt and effective intervention to correct illnesses and accidents. '<! !ertiary "revention "rogram on OSH , consists of the measures availa%le to reduce impairments and disa%ilities) minimi9e suffering caused %y existing departures from good health) and to promote the patientDs ad-ustment to irremedia%le conditions! This extends the concept of prevention into the field of reha%ilitation. '5! !echnical Services 7 refer to occupational safety and health services extended to *or+places such as %ut not limited to health examinations) safety audits) *or+ environment measurement) testing of personal protective e2uipment) environment assessments as these relate to *or+ conditions and procedures! '$! !hreshold %imit &alue 7 refers to the 3hilippine Occupational Safety and &ealth Standards set for air%orne concentrations of su%stances and represents conditions under *hich *or+ers may %e repeatedly exposed for an 8,hours *or+day at a total of ;8 hours per *ee+) *ithout adverse health effects. (OS&S)! '8! 'ork Environment (easurement 7 shall mean sampling and analysis carried out in respect of the atmospheric *or+ing environment and other fundamental elements of *or+ing environment for the purpose of determining actual conditions therein. (OS&S)!