COMMON LAW

1. The employee Contributed to the

2.
3.

4.

cause of the accident.

Another employee contributed to
the cause of the accident.
The employee knew of the hazards
involved in the accident before the
injury was sustained and still agreed
to work in the condition for pay.
There was no employer negligence.

History of Loss Control

The old employers liability law was of
no help to the worker because
doctrines of the common law
supplied employers with an adequate
defense against suits brought about
by injured workers or their families

ORGANIZED LABOR

Organized labor has fought for safer working

conditions and compensation for injured
workers.
Overturned the anti-labor laws:
Fellow-servant rule employers were not liable
for workplace injuries that resulted from
negligence of other employees
Contributory negligence If actions of
employees contributed to own injuries
Assumption of Risk workers who accept a job
assume the risks of the job and consequences of
the risk

History of Loss Control

It was extremely difficult to obtain an adequate
settlement since common law gave injured
workers very little chance for compensation due
to :
injured worker will usually hesitate to put his job
in jeopardy by suing his employer;
does not have much chance to prove his case
in court;
out of court settlement proved to be more
beneficial on the part of the worker than legal
action.

A Demand for Change: Legislative Progress

1870 Employers Liability Acts (first corrective
measures)
1907 The British Act also served as a model for the
first compensation law in the US (1908)
1911 The Compensation Law of Wisconsin (first
significant legislation in the US)
1913 The US Dept. of Labor was created
1915 The American Society of Safety Engineers was
organized.

Comprehensive Federal Law in US

1948 all states in the US had workmens
compensation laws
1970 US Congress passed OSHA of 1970

1910 reformers succeeded in getting workers

compensation laws.

1920 interest in scientific management, improved

safety leads to improved productivity.

1930 companies began to study not just physical

workplaces, but human contributions to accidents.

1940 focus on safety management broadened to

include prevention from accidents/illnesses.

1950 management adopted the behavioral

approach, applied motivational principles,
emphasis on engineering control.

1960 concerns broadened to include

environmental hazards.

1970 workers participation in safety & health

concerns increased.

1980 priorities shifted from hazard identification to

hazard prevention, inception of general movement
toward pro-active, rather than reactive.

1990 integrating safety, health & environmental

management; safety, health, & environmental
(SHE) programs contribute to companys success.

2000 empowerment of workers; integrating

quality, safety & health, and environment
management systems; and multi-tasking of
workers.

Progress of Safety Movement and OSH

Legislations in the Philippines
The first period is characterized by the adoption of a
reactive policies:
1903 Development of OSH in the Philippines
1908 Employers Liability Act was instituted requiring
employers to compensate workers who were
injured
while performing their job
1908 DOLE started as a small Bureau.
1927 Workmens Compensation Act No. 3428 was passed
w/c provided payment of damages by the employer
for illnesses, in addition to injury or death due to
employment
1933 DOLE became a Department on Dec. 8, 1933

Progress of Safety Movement and OSH

Legislations in the Philippines
The second period is characterized by the adoption of
proactive measures/policies
1936 Commonwealth Act No. 104 was passed. The first
legislation that directly enjoined management to
ensure the promotion of safety & health in the
workplace. Called the First Industrial Safety Law
1945 Commonwealth Act No. 696 was approved to include
safety in the installation & operation of boilers and
pressure vessels.
1948 Philippines became a member of ILO
1954 Enactment of RA No. 1054 (Free Emergency Medical
& Dental Treatment Act)

1967 Proclamation No. 115-A was issued declaring

the year & every year thereafter as SAFETY &
ACCIDENT PREVENTION YEAR.
January

General Orientation

February

Air Transportation

March

Fire Prevention

April

Vacation Hazards

May

Land Transportation

June

Sea Transportation

July

Schools

August

Farms

September

Heath and Sanitation

October

Industry & Commerce

November

Mines

December

Holiday Hazards & Homes

Progress of Safety Movement and OSH

Legislations in the Philippines

The second period is characterized by the adoption

of proactive measures/policies
1974 PD 442 (LCP) was passed.
1975 Started the program on accreditation for safety
training organization to conduct OSH training
1977 Tripartite body was created to study the proposed
OSHS
1978 OSHS was approved. National Tripartite Committee
was created to study the improvement of the OSHS
1984 Tripartite consultation was held to amend OSHS Rule
1410 was amended
1988 OSHC was inaugurated, created per EO 307 (the
first in Southeast Asia)

Progress of Safety Movement and OSH

Legislations in the Philippines
The second period is characterized by the
adoption of proactive measures/policies
1989 Major amendments of OSHS took place.
1998 Tripartite Council on OSH in Construction Industry
was created.
1998 Department Order No. 13 (Implementing
Guidelines in the Implementation of OSH in
Construction Industry) was issued.
1998 Memorandum Circular No .02 Guidelines for
Classifying Hazardous & Non Hazardous
Workplaces.
2000 MC No.01Guidelines for the Conduct of Work
Environment Assessment (WEA)

Progress of Safety Movement and OSH

Legislations in the Philippines
2000 MC No. 02Guidelines in the Application of
Workplace Component of RA 8504 known as Phil.
AIDS Prevention & Control Act of 1998
2001 Amendments of OSHS (Rule 1030, Rule 1160, Rule
1170, Rule 1180 & New Rule 1240)
2003 Department Order No. 16 amending Rule 1030 of the
OSHS (Training & Accreditation of Personnel in OSH)
was approved.
2004 Department 54 07 (New Labor Standards
Enforcement Framework) & Department Order 53
03 (Guidelines in the Implementation of a DrugFree
Workplace Policy & Programs in the Private Sector)
was approved.

OSH Legislation,
Administration &
Enforcement
Bureau of Working Conditions
DEPARTMENT OF LABOR AND
EMPLOYMENT

Republic of the Philippines

Department of Labor and Employment
Intramuros, Manila

ADMINISTRATIVE ORGANIZATION FOR OSH

The DOLE is the lead agency of the

government in charge in the administration
and enforcement of laws, policies, and
programs on occupational safety and health.

(Legal basis: Presidential Decree No. 442)

LABOR CODE OF THE PHILIPPINES

DOLE Thrusts

Promotion of employment and

human resources development
Maintenance of industrial peace
Workers protection and
welfare

The Bureau of Working Conditions

Performs policy & program development, and

advisory functions for the Department in the
administration and enforcement of occupational
safety and health.

Exercises technical supervision over the labor

inspectorate.

Develops and prescribes standards, guidelines,

measures, rules and regulations on OSH.

Develops, recommends and implements training

programs for DOLE field personnel and other
accredited training organizations and
institutions.

Mission:

To develop and sustain the capability of enterprises towards selfmanagement of safety and health in workplaces, thus,
upholding the principles of shared responsibility

To enhance the capability of enterprises to implement practical

and efficient methods of improving working conditions and
productivity

To advise the public on labor standards including occupational

safety and health and innovative work practices

To formulate policies and initiate legislation on labor standards

based on relevant information culled from monitoring,
consultation, networking and researches

To standardize the use of enforcement instruments and to clothe

the inspectorate with strong enforcement authority to bring
compliance with laws and regulations

OSH LEGISLATIONS

Law

P.D. 442

Title

Labor Code of the Philippines

Year Passed

1974

Relevant Provisions : Book IV, Titles I & II

Implementing Agency:

DOLE

Content: A consolidation of labor and social laws to afford full protection to labor,
promote employment and human resources development and ensure industrial peace
based on social justice.

Book IV, Title I

Chapter I
Medical & Dental Services

Chapter II
Occupational Safety

Legal Basis of the

Occupational Safety & Health Standards

Article 162, Chapter II:

Safety & Health
Standards:
The Secretary of Labor shall, by
appropriate orders, set and
enforce mandatory Occupational
Safety and Health Standards to
eliminate or reduce occupational
safety and health hazards in all
workplaces and institute new, and
update existing programs to
ensure safe and healthful working
conditions in all places of
employment.

OSH LEGISLATIONS

Book IV, Title I Medical,

Dental and Occupational
Safety

Occupational Safety and Health

Standards, (OSHS)
*Rules and Regulations
Implementing Art. 162, Title I,
PD 442, Passed in 1978

Occupational Safety & Health

Standards

A set of 28 mandatory rules on OSH (about 10 are highly

technical) which codifies all safety orders issued prior to
its promulgation.
TYPES OF RULES: a) Administrative, b) Technical, c)
Medical
Patterned after the Standards of other developed
countries
The 1st amendments was approved on August 1989 by
Sec. Ruben Torres.
Enforcement of the Standards is through the 16 regional offices of
the DOLE in the different parts of the country

The BWC exercises technical supervision over enforcement of the

Standards.

OBJECTIVES: Protection of workers against the dangers of

injury sickness or death
SCOPE: All places of employment except land, sea and
air transportation. Safety in mines is not covered by the
Standards.

Occupational Safety & Health

Standards
1000: General Provisions
1001: Purpose & Scope
1005: Duties of Employers, Workers & other Person
1010: Other Safety Rules
1013: Hazardous Workplace
1020: Registration
1030: Training & Accreditation of Personnel in OSH
1040: Health & Safety Committee
1050: Notification & Keeping of Records of Accidents and/ or
Occupational Illnesses
1060: Premises of Establishments
1070: OH and Environmental Control
1080: Personal Protective Equipment & Devices
1090: Hazardous Materials
1100: Gas and Electric Welding & Cutting Operations
1120: Hazardous Work Processes
1140: Explosives
1150: Materials Handling & Storage

Occupational Safety & Health

Standards
1160:
1170:
1200:
1210:
1220:
1230:
1410:
1420:
1940:
1950:
1960:
1970:
1980:
1990:

Boiler
Unfired pressure Vessels
Machine Guarding
Electrical Safety
Elevators & Related Equipment
Identification of Piping System
Construction Safety
Logging
Fire Protection & Control
Pesticides & Fertilizers
Occupational Health Services
Fees
Authority of Local Government
Final Provisions

Occupational Safety & Health Standards

DOLE Agencies involved in OSH

BWC, ECC / OSHC

Function of DOLE Regional Offices

Enforce OSH laws through the conduct of
inspection .
Provide assistance relative to enforcement
functions such as technical advisory functions,
dissemination of information and suggestions to
improve working conditions.

Occupational Safety & Health

Standards

Rule 1000 General Provision

Rule 1001 Purpose and Scope
1)

The objective of this Standards is to protect every

working man against the danger of injury, sickness or
death through safe and health working conditions,
thereby assuring the conservation of valuable
manpower resources and the prevention of loss or
damage to lives and properties, consistent with
national development goals and with the state
commitment for the total development of every
worker as a complete human being.

2)

This Standards shall apply to all places of employment

except as otherwise provided.

Occupational Safety & Health Standards

Rule 1005 Duties of Employers, Workers & Other
Persons :
1)

Each employer covered by the provisions of this Standards shall :

Furnish his workers a place of employment free from hazardous conditions.
Give complete job safety instruction to all his workers.
Comply with the requirements of the Standards.
Use only approved devices and equipment in his workplace.
workplace.

2)

Each worker shall cooperate with the employer in carrying out the
provisions of the Standards :
Shall report any work hazard in the workplace.
Shall make proper use of all safeguards & safety devices furnished for his protection & the
protection of others.
Shall follow all instructions by the employer in compliance with the OSHS provisions

3)

Any person, including any builder, contractor, enforcement agent, who

visits, builds, renovates, install devices, or conducts business in any
establishment or workplace shall comply with the provisions of the
Standards and all regulations of employer, as well as other subsequent
issuances of the Secretary.

Occupational Safety & Health

Standards

Administrative Report Requirements:

1
2
3

Registration of Business (IP 3)

Report of Work-related Accidents (IP 6)
Annual Report of H&S Committee/Organization
(IP 5)
4 Quarterly Report of Safety & Health Program &
Minutes of H&S Committee meetings.
5 Annual Work Accident/Illness Exposure Data
Report (IP 6B)
6 Annual Medical Report (OH 47A)

Occupational Safety & Health Standards

Rule 1020 Registration

Free of charge
Valid for the lifetime of the company
Requirements:

Lay-out plan of the workplace, floor by floor, in a scale of

1:100 meters showing all physical features of the workplace
including storage, exit aisles machinery, emergency devices &
location.

Reasons for Re-Registration

Change in name, address, owner

Opening after previous closing

Occupational Safety & Health Standards

Rule 1040 Health & Safety Committee is

a group of employees & management that plans &
develops policies in all matters related to OSH.

When to Organize: Within 1 month from date the business

starts operating and re-organized annually .

Types of HS Committee: Type A E depending on the

number of workers
include: Composition, Membership depending on the
type of HSC Functions of the HSC, Term of Office &
Duties of Safety Officer

Occupational Safety & Health

Standards

RULE 1040 Health & Safety Committee

HOW TO ORGANIZE?
SIZE?
400 plus Workers
200 400 Workers
100 200 Workers
Less than 100 Workers
Joint Committee

Type A
Type B
Type C
Type D
Type E

Occupational Safety & Health

Standards
RULE 1040 Health & Safety Committee (HSC)
Type

No. of
workers

401 up

201-400

100 200

Composition
Chairman

Member

Secretary

- Manager or
authorized
representativ
e must be
COO

Safety officer

2 dept. heads
4 workers (union
member)
company physician

- Manager or
authorized
representativ
e must be
COO

1 supervisor
physician or nurse
3 workers

Safety officer

- Manager or
authorized
representativ
e

1 foreman
3 workers
Nurse

Safety officer

- Manager

1 foreman

Safety Officer

Occupational Safety & Health

Standards

RULE 1040 Health & Safety Committee

(TERM OF OFFICE)
PERMANENT MEMBERSHIP
CHAIRPERSON
PHYSICIAN/NURSE/FIRST-AIDER
SAFETY OFFICER
DEPARTMENT HEAD Maybe 1 year
WORKER MEMBERS 1 to 2 years

Occupational Safety & Health

Standards

DUTIES OF THE H&S COMMITTEE

1 Plans & develops accident prevention
program.
2 Inspects the workplace to detect unsafe
condition.
3 Reviews reports related to safety & health.
4 Provides necessary assistance to
government inspecting authorities.
5 Initiates & supervises safety trainings for
employees.

Occupational Safety & Health

Standards

DUTIES OF THE SAFETY OFFICER

1 Advice the employer, supervisors & workers
on OSH.
2 Investigate work related accidents
3 Coordinate safety training programs
4 Conduct safety & health inspection
5 Act as secretary of HSC
6 Maintain accident records system

Occupational Safety & Health

Standards
RULE 1040 Health & Safety Committee
OSH RULE

Rule 1040
Health and
Safety
Committee

REPORT/FORM

Report of Safety
Organization DOLE/BWC/IP-5)

Minutes of the
Meeting No form
needed

WHERE TO FILE

2 copies, to
submitted to
concerned RO
copy furnished
the Bureau

WHEN TO
FILE

- Within
one (1)
month
after the
organizatio
n
- At least
on
quarterly
basis

Occupational Safety & Health Standards

Article 157: Emergency Medical & Dental

Services It shall be the duty of every
employer to furnish his employees in any
locality with free medical and dental
attendance and facilities

Occupational Safety & Health Standards

Rule 1030 Training and Accreditation of Personnel

in OSH
Required Number of Safety Personnel in the Workplace:
Number of
Hazardous*
Highly Hazardous*
workers
1 - 50

1 part-time safety officer

1 full-time safety officer

51 - 200

1 full-time safety officer

1 FT & 1 PT safety officer

201 - 250

1 FT & 1 PT safety officer

2 full-time safety officer

251 - 500

2 full-time safety officer

2 FT & 1 PT safety officer

Every additional
500 or fraction
thereof

1 additional FT safety
officer

Every additional
250 or fraction
thereof

1 additional FT safety
officer

Occupational Safety & Health Standards

Rule 1050 Notification and Keeping of Records of Workrelated accidents / illnesses

Submission of work accident reports

Number of Disabling Injuries
Determination of Work Accidents Frequency & Severity Rates
to measure Company Safety Performance

Rule 1053.01: Notification All work accidents or

occupational illnesses, resulting in disabling conditions or
dangerous occurrences shall be reported by the employer to
the Regional Labor Office
If Major work accidents results in death or permanent total
disability, employer shall initially notify the Regional Labor
Office within 24 hours.

Rule 1054: Keeping of Records The employer shall

maintain and keep an accident or illness record which shall
be open at all times for inspection to authorized personnel.

Occupational Safety & Health

Standards
RULE 1050 Notification & Keeping of Accident and/or
Occupational Illnesses
OSH RULE
Rule 1050
Notification
and Keeping
of Accidents
and/or
Occupational
Illnesses

REPORT/FORM

WHEN TO
REPORT

Work Accident
Illness Report
(WAIR) DOLE/BWC/IP-6)
WAIR

On

or before the
20th day of the
month following
the date of
occurrence of the
accident

Annual Exposure
Data Report
(AEDR) (DOLE/BWC/IP-6b)

On

or before Jan.
20 of the following
year

Fatal/major
accident

Within 24 h ours

WHERE TO
REPORT
2 copies, to
be
submitted
to
concerned
RO copy
furnished
the Bureau

Occupational Safety & Health

Standards

Rule 1960 Occupational Health Services

Provisions:

Preventive Health Services,

Emergency Health Services,
Training of OH Personnel
OH Program at the workplace

Occupational Safety & Health Standards

RULE 1960: Occupational Health Services
RULE 1963.02: Emergency Medical & Dental Services
NUMBER OF
WORKERS

HAZARDOUS WORKPLACE

1 50

1 FT FIRST AIDER
Medicines

51 99

1 FT FIRST AIDER PER SHIFT

ETR
1 PT OH Nurse 4h/d 6d/w

FA

NON-HAZARDOUS
WORKPLACE
1 FT FIRST AIDER
Medicines

FA

ETR

100 199

1 FT FIRST AIDER per shift

ETR
1 FT OH nurse
1 PT OH Physician 4h/d 3d/w
1 PT dentist 4h/d 3d/w

1 FT FIRST AIDER per shift,

ETR
1 PT OH Nurse 4h/d 6d/w

200 600

1 FT FIRST AIDER
EMC
1 FT OH Nurse
1 PT Dentist
1 PT OH Physician

1 FT FIRST AIDER
ETR
1 FT OH Nurse
1 PT Dentist
1 PT OH Physician

601 2000

1 FT FIRST AIDER per shift

EM&DC
1 FT OH Nurse per shift
1 FT Dentist
1 FT OH Physician or 2 PT OH Physician

1 FT FIRST AIDER
EC
1 FT OH Nurse
1 PT Dentist
1 PT OH Physician

Occupational Safety & Health

Standards
Emergency Hospital An employer need not

put up an emergency hospital or dental clinic if

there is a hospital or dental clinic which is not
more than five(5) kilometers away or which can
be reached by motor vehicle within twentyfive(25) minutes of travel and that the employer
provides transportation facilities.

Occupational Safety & Health

Standards
REQUIRED REPORT UNDER RULE 1960

OSH RULE

REPORT/FORM

Rule 1960
Occupation
al Health
Services

Annual Medical
Report DOLE/BW/OH-47A
AMR

WHERE TO
FILE

2 copies
submitted to
concerned RO
copy furnished
the Bureau

WHEN TO
REPORT

On or before
the last day of
March of the
year following
the covered
period

Occupational Safety & Health

Standards
Health Personnel & Program The physician
(engaged by the employer in providing medical
services in cases of emergency) must also
perform the following:
1

Conduct pre-employment medical examination, free

of charge, for the proper selection of workers

Conduct free of charge annual physical examination

of the workers

Collaborate with safety & technical personnel in the

selection & placement of workers, including
investigation of work related accidents due to
exposure to health hazards

Develop & implement a comprehensive health

program for the employees

Occupational Safety & Health

Standards
Rule 1030 Training & Accreditation of OSH
Personnel & Organization
1 Accreditation:
A
B
C
D

OSH Practitioner
OSH Consultant
OSH Training Organization
OSH Consultancy Organization

2 Required Safety Officer or Safety Man

A
B
C

Non-Hazardous workplace
Hazardous workplace
Highly Hazardous

Occupational Safety & Health Standards

Training of Personnel:
Every employer shall take steps to train a sufficient number of
supervisors or technical personnel in occupational safety & health
Employ the required OSH personnel according to the following:

No. of Workers

Non-Hazardous Workplace *

1 250

One(1) part-time safety officer

251 500

Two (2) part-time safety officers

501 750

One(1) full-time safety officer

751 1000

Two (2) full-time safety officers

Every additional 500 or fraction

thereof

One (1) additional full-time safety

officer

* Based on Department Order No. 16, series of 2001

Occupational Safety & Health

Standards
Rule 1030 Training and Accreditation of Personnel
in OSH

Training of Personnel:

Every employer shall take steps to train a sufficient number of supervisors

or technical personnel in occupational safety and health.
Employ the required OSH personnel according to the ff.:

Number of
workers

Hazardous *

Highly Hazardous *

1 - 50

1 part-time safety officer

1 full-time safety officer

51 - 200

1 full-time safety officer

1 FT & 1 PT safety officer

201 - 250

1 FT & 1 PT safety officer

2 full-time safety officer

251 - 500

2 full-time safety officer

2 FT & 1 PT safety officer

Every additional
500 or fraction
thereof

1 additional FT safety
officer

Every additional
250 or fraction

1 additional FT safety
officer

Occupational Safety & Health

Standards
Highly Hazardous Workplace one where the potential
hazards within the company may affect the safety and/or
health not only of workers within, but also of the persons
outside the premises of the workplace.
Petrochemical works/refineries.
Chemical works and production plants.
LPG storage and materials.
Stores and distribution center for toxic/hazardous
chemicals.
Large fertilizer storage.
Explosives factories.
Works in which chlorine is used in bulk.
Other activities similar as determined by BWC.

Based on Department Order No. 16, series of 2001

Occupational Safety & Health

Standards
OSH Programs & Activities
Accreditation program: ASPPI, ASHTOP
WISH In-plant Inspection Program
WISE
WORK Alert
WEA
Evaluation/Approval of Construction S&H
Program (DO 13)
Advocacy Programs

Bureau of Working Conditions

Department of Labor and Employment
3rd Floor, Dole Bldg., Muralla St., Intramuros, Manila
Tel. No. 527-3000

Email: bwc@dole.gov.ph
Website: www.bwc.dole.gov.ph