LABOR LAWS ON

SAFETY AND HEALTH

Occupational Safety and Health Center

DEPARTMENT OF LABOR AND EMPLOYMENT

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THE
CONSTRUCTION
INDUSTRY :
A SITUATIONER
(NCR)
July 25, 2011
2

DEPARTMENT OF LABOR AND EMPLOYMENT

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PRIVATE BUILDING CONSTRUCTION
APPROVED BUILDING PERMITS
2011

CHANGE

2010

OVERALL

28,347

-5.5

29,992

Residential

20,784

-11.9

23,586

NonResidential

3,495

17.4

2,978

Additions,
Alterations,
and Repairs

4,068

18.7

3,428

DEPARTMENT OF LABOR AND EMPLOYMENT

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PRIVATE BUILDING CONSTRUCTION
VALUE (in billion pesos)
2011

% Change

2010

OVERALL

52.8

11.6

47.3

Residential

28.2

32.6

21.3

Non-Residential

19.4

-13.2

22.3

Additions,
Alterations, and
Repairs

5.2

39.7

3.7

DEPARTMENT OF LABOR AND EMPLOYMENT

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Calabarzon (Cavite, Laguna, Batangas, Rizal and

Quezon) is the region with the most private
construction projects, accounting for a fourth or
7,090 of the total granted permits.
However, nearly half (P25.1 billion) of the total
value of construction projects is poured into
Metro Manila.

DEPARTMENT OF LABOR AND EMPLOYMENT

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No. of Violations on:
Total
No
With
Establishment Establishment
Violation Violation
Inspected

OSHS
CSHP

Construction
Projects

174

Safety
Officer
(SO)

Rule
1020

Rule
1040

First
Aider

Others

2 172 524 402 74 174 35 447

DEPARTMENT OF LABOR AND EMPLOYMENT

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As of June 2011

268.42% increase of approved

CSHP
Increase in the number of 40-hr
Construction Safety Trainings
(CST) conducted
Formulation of DO 13
Requirements Checklist
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DEPARTMENT OF LABOR AND EMPLOYMENT

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As of June 2011

Three hundred twenty five

(325) construction firms had
their Personal and Protective
Equipment (PPE) tested
Forty (40) accredited OSH
practitioners
from
the
construction industry

Observations
Low awareness on OSH
Poor Compliance on OSHS (ex. HSC,
CSH Program, safety officer/personnel)

Poor Housekeeping (ex. accumulated

wastes)

No/Inadequate PPEs for workers.

Improper use of tools and
equipment
Needs commitment and support

What NEEDS to be DONE

Change of work habits.
Top management commitment on OSH
Cooperation of workers and contractors to
implement OSH programs and activities
Enhance skills of project managers, safety
officers and workers (training on OSH )
Strict enforcement of rules/programs on OSH

Compliance with government

regulations (OSHS and DO 13)

LAWS
& ISSUANCES
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Book IV, Title I

Medical, Dental and
Occupational Safety

Occupational Safety
and Health Standards,
(OSHS)1978

DO 13
Guidelines
Governing
Safety and
Health in the
Construction
Industry 11

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DPWH - Department Order
No. 56, S. 2005
All projects regardless of
amount, funding source and mode of
implementation shall comply with the
minimum safety and health requirements.

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DEPARTMENT OF LABOR AND EMPLOYMENT

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Memorandum of Agreement
Department of Labor and
Employment (DOLE)
Department of Public Works and
Highways (DPWH)
Department of Interior and Local
Government (DILG)
Department of Trade and Industry
(DTI)
Professional Regulations
Commission (PRC)
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SALIENT FEATURES OF
DEPARTMENT ORDER NO. 13, series of 1998
Section 1: Definition of terms
25 terms as used in the guidelines were defined in order
to clarify their meaning and to distinguish them from
similar terms as defined in other issuances
Section 2: Jurisdiction
The Secretary of the Department of Labor and
Employment, by virtue of Article 162 of the Labor Code
of the Philippines, has the authority to issue
appropriate laws related to the administration and
enforcement of occupational safety and health in the
Philippines

 Section 3: Delegation of Authority

DOLE has the power to delegate some enforcement powers
to other government agencies and to private
organizations provided that they have adequate
personnel and facilities (These cover Technical Safety
Inspections)
Section 4: Coverage
The guidelines shall apply to all construction activities,
including demolition, whether owned by the private or
the government sector

 Section 5: Construction Safety and Health Program

Before the start of the actual construction, the construction
project manager shall prepare and submit to DOLE a
comprehensive construction safety and health program
which shall include, but not limited to:
Composition of the construction safety and health
committee
Specific H&S policies within the construction site
Penalties for violation
Training of workers
Waste disposal
Other requirements of D.O. No. 13, series of 1998

 Section 6: Personal Protective Equipment

All employers must provide personal protective equipment
for all employees needing such equipment. All other
persons entering the construction site must wear the
necessary protective equipment.

 Section 7: Safety Personnel

A means of coordination was established
wherein the main or general contractor
shall have over-all management and
coordination of all safety and health
officers/personnel working within the
construction site. All full-time safety
and health personnel must be
accredited by DOLE.

- Section 7. Safety Personnel

A general Constructor must provide for

1. a full-time officer, who shall be assigned as the
general construction safety and health officer to
oversee full time the overall management of the
Construction Safety and Health Program.
2. additional Construction Safety and Health
Officer/s in accordance with the requirements for
Safety Officer of Rule 1033, depending on the
total number of personnel assigned to the
construction project site.

3. one (1) Construction Safety and Health Officer for every

ten (10) units of heavy equipment assigned to the project
site, to oversee the effective compliance with the
Construction Safety and Health Program at the
construction project site, in terms of heavy equipment
utilization and maintenance.
Each construction subcontractor must provide for a
representative, who shall have the same qualifications as
a Safety Officer, to oversee the management of the CSHP
for the subcontractors workforce and specific area of
work operations in accordance with the requirements of
Rule 1033 of the OSHS.

Safety Personnel
Number of Workers

Safety Personnel

1 - 50
51 - 200
201 250

1 part-time Safetyman
1 full-time Safetyman
1 full-time and 1 part-time
Safetymen
1 additional full-time
Safetyman

Every additional 500 or

fraction thereof

1 Safetyman for every 10 units of heavy equipment

- Section 8: Emergency Occupational Health Personnel and

Facilities
The same provisions of the existing Occupational Safety
and Health Standards(OSHS) is reiterated. The provision
for an emergency health provider was allowed. All other
requirement such as emergency medicines, supplies,
equipment and facilities shall conform with the OSHS.

Number of Workers
50 or less
51 to 200
201 to 300
more than 300

OH Personnel

Per 100 workers in excess of

300

Within 5 kms. Or 25 min. of

travel
Emergency Health Provider

 Section 9: Construction Safety Signages

Mandatory provision of safety and warning
signs are reiterated not only for the
protection of workers, but also the public
in general. Signs should conform with
the standard requirements of the OSHS.
4
4
4
4
4
4
4
4
4

Usage of PPE
Falling/ falling objects
Explosives and flammable substances
Tripping or slipping hazards
Toxic or irritant airborne contaminants/substances
Electrical facility
Dangerous moving parts of machines
Fire alarms/ fire fighting
Instructional signs/ Update of man-hours lost

WARNING: Hazardous
Area. All personnel
must wear protective
equipment before entry

 Section 10: Safety on Construction Heavy Equipment

A specific guide for testing, transport, erection and
maintenance of heavy equipment is formulated. All heavy
equipment operators must be tested and certified by
TESDA, while heavy equipment shall be tested by DOLE
recognized association/organizations

- Section 11. Construction Safety and Health Committee

Each site shall, at the start of the construction have a
construction safety and health committee composed of the
following personnel

Project Manager or his representative as the chairperson

General Construction Safety and Health Officer;
Safety representative/SO from each subcontractor;
Doctors, Nurses and other Health personnel;
Workers representatives (minimum of 3, union members if
organized, not necessarily from one employer)

Each subcontractor shall have its own safety and health

committee based on the existing requirements of the OSHS.

- Section 12: Safety and Health Information

A detailed safety and health information system is
included in the guidelines. These include orientation,
instructions, and training for workers; means of
conveying safety related information to all workers
and specialized instructions and trainings for
specialty workers and operators.
No person shall be deployed unless he has undergone a
OSH awareness seminar conducted by OSHC,BWC,
ROs and STOs.

T
S
R
I
F
Y
T
E
F
A
S

- Section 13: Construction Safety and Health Training

All safety personnel assigned within the
construction site are required to
undergo the basic construction safety
training course prescribed by the
Bureau of Working Conditions.
Continuing training for all full-time
safety personnel shall also be a
responsibility of each constructor.

- Section 14: Construction Safety and Health Reports

A monthly construction safety and
health report is required to be
submitted to DOLE by all general
constructors. The reports shall
include safety committee meeting
agreements, accident investigation
reports, and hazard assessments with
corresponding remedial
action/measures required.
Notification of major accidents to DOLE
within 24 hours

 Section 15: Construction Workers Skills

A Skills certificate shall be required for construction
related occupations which have been classified as
Critical Occupations by TESDA.
An occupational shall be considered as critical
9 When it may affect and endanger peoples lives and limbs
9 When it involves the handling of hazardous tools, equipment,
supplies
9 When it requires a relatively long period of education and
training
9 When the performance of the job may compromise the safety,
health and environment concerns within the immediate vicinity
of the construction site.

 Section 16: Workers Welfare Facilities

The employer shall provide for adequate supply of safe
drinking water, adequate sanitary and washing facilities
in order to ensure humane conditions of work.
Section 17: Cost of Construction Safety and Health Program
The total cost of the Construction Safety and Health
Program Shall be a mandatory integral part of the
construction project. It shall be treated as a separate pay
item and reflected in the projects bid tender documents.

 Section 18: Miscellaneous: All provisions of other existing

OSH guidelines not specifically provided herein shall remain
in full force and effect.
Section 19: Violations and Penalties
Violations committed by constructors as determined by
DOLE after due process shall be considered as prima
facie case of a construction mal-performance of grave
consequence under RA 4566 as amended and pertinent
IRR.
In cases of imminent danger situations, the
procedures/requirements of the OSHS and DOLE
regulations shall be applied.

 Section 20: Effectivity

The Guidelines shall be immediately effective, that is, 15
days after publication in newspapers of general
circulation, as provided in Article 5 of the Labor Code.
D.O. No. 13, s.1998 was signed on July 23, 1998 and
published on August 1, 1998 in the Philippine Daily
Inquirer and on August 3, 1998 in Peoples Tonight

Requirements in the Evaluation of CSH Program

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1.Application Form indicating the following information:
A. Company Profile
Name of the Company
Complete address and Contac Number ( email address)
Name of Owner/President
Total Employment/ Number of workers to be employed in the project
PCAB License, DOLE Registration (Rule 1020 and DO 18-02)
B. Project Profile
Name and Location of the Project ( Notice of Award/Notice to Proceed )
Name of Project owner
Project Classification
Duration of the Project /Date of Estimated Start/Execution of the Project
Brief Description of Activities/Work Flow
C. OSH Personnel Assigned to the Project
Name of Appointed Safety Officer, First Aider, OH Nurse, Physician
Date of BOSH Training of OSH Personnel (Certificate to be attached)
List of Heavy Equipment to be used in the Project (Certificate of Test/Inspection of CHE
and TESDA Skills Certification of operators)
Profile of the person who prepared the program
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Enforcement is one response

but not the only response!

Voluntary
compliance
is
still
the
BEST!