AN ACT STRENGTHENING COMPLIANCE

WITH OCCUPATIONAL SAFETY AND

HEALTH STANDARDS AND PROVIDING
PENALTIES FOR VIOLATIONS THEREOF
(RA 11058) and IRR (DOLE DO 198 – 18)
Section 3 - DEFINITION OF TERMS
“Competency Standards”
– refers to industry-
determined specification
of proficiency required
“Certified first-aider” – for effective work “Covered Workplaces” –
refers to any person performance. refers to establishments,
trained and duly projects, sites and all
certified to administer other places where work
first aid by the Philippine is being undertaken
Red Cross (PRC) or any wherein the number of
organization authorized employees, nature of
by the Secretary of operations and risk or
Labor and Employment. hazard involved in the
(Labor Advisory No. 10 – 19) – Organizations business require
recognized as First Aid training providers aside compliance
from PRC – DOH, BFP, TESDA (EMS NC II/ NC
III)
DEFINITION OF TERMS

“Low risk establishment” “Medium risk establishment” refers to a

refers to a workplace where workplace where there is moderate
there is low level of danger exposure to safety and health hazards and
or exposure to safety and health with probability of an accident, injury or
hazards and not likely or with illness, if no preventive or control measures
low probability to result in are in place.
accident, harm or injury, or
illness. “High risk establishment” refers to a
workplace wherein the presence of
hazard or potential hazard within the
company may affect the safety and/or
health of workers not only within but
also persons outside the premises of
the workplace (e.g. construction,
mining, petrochemical, etc.)
DEFINITION OF TERMS
The following are workplaces
commonly associated 11. Power generation, transmission and
with potentially high-risk distribution in the energy sector;
activities:
12. Storage and distribution center for
1. Chemical works and chemical toxic or hazardous chemicals;
production plants; 13. Storage of fertilizers in high volume;
2. Construction; 14. Transportation ;
3. Deep sea fishing; 15. Water supply, sewerage, waste
4. Explosives and pyrotechnics management, remediation activities;
factories; 16. Works in which chlorine is used in bulk
5. Firefighting; ; and
6. Healthcare facilities; 17. Activities closely similar to those
7. Installation of communication enumerated above and other activities
accessories, towers and cables; as determined by DOLE in accordance
8. LPG filling, refilling, storage and with existing issuances on the
distribution; classification of establishments.
9. Mining;
Labor Advisory No. 4 - 19 – Guide for Compliance of Establishments
10. Petrochemical works and refineries to DO 198 – 18
The establishment shall be responsible in determining its own
level of classification based on HIRAC (basis for compliance).
 DEFINITION OF TERMS

Micro and Small

Imminent danger – a Low risk establishment Medium risk
Enterprises (MSEs) –
situation caused by a – a workplace where establishment – a
establishments
condition or practice there is low level of workplace where
employing less than 10
in any place of danger or exposure to there is moderate
employees and the
employment that safety and health exposure to safety
establishments
could reasonably be hazards and not likely and health hazards
employing less than 100
expected to lead to or with low probability and with probability
employees, respectively,
death or serious to result in accident, of an accident, injury
regardless of
physical harm. harm or illness. or illness.
capitalization.
 DEFINITION OF TERMS
�
Occupational Health Personnel – a qualified first-aider, nurse, dentist or
physician engaged by the employer to provide occupational health services in
the establishment, project, site or workplace.

Occupational Safety and Health (OSH) Consultant – a qualified Safety Officer 4 or its
equivalent, duly certified by DOLE to perform and/or render consultative services on
OSH in at least 2 fields of specialization as determined by DOLE.
Occupational Safety and Health (OSH) Practitioner – a qualified Safety Officer 3 or its
equivalent, duly certified by DOLE to render occupational safety and health services in
a defined and specific scope or core competency.

Occupational Safety and Health (OSH) standards – a set of rules issued by DOLE which
mandates the adoption and use of appropriate practices, means, methods, operations
or processes, and working conditions to ensure safe and healthful employment.
 �
DEFINITION OF TERMS
Personal Protective Equipment (PPE) – a specialized clothing or
equipment designed to protect workers against safety and health
hazards that may cause serious workplace injuries and illnesses.
Safety and Health Audit – a regular and critical examination of project sites,
safety programs, records, and management performance on program standards
on safety and health conducted by the safety officer.
Safety and Health Committee – a body created within the workplace tasked
with the authority to plan, develop and implement OSH policies and
programs, monitor and evaluate the OSH program, and inspect and
investigate all aspects of the work pertaining to safety and health of
workers.
Safety and Health program – a set of detailed rules to govern company policies,
processes and practices in all economic activities to conform with OSH standards.
 DEFINITION OF TERMS�

Safety Officer – any Safety Officer 2 (SO2) Safety Officer 3 (SO3)

Safety Officer 1 (SO1) - 40-hour OSH training
employee or officer – an employee who
– an employee who course applicable to
of the company has completed the
has completed the the industry
trained by DOLE or mandatory forty
mandatory 8-hour - additional 48 hours of
DOLE-Accredited 40-hour OSH
OSH orientation advanced/ specialized
Training Organization training course
course as prescribed OSH training course
and tasked by the applicable to the
in the OSH standards - at least 2 years
employer to industry as
and 2-hour trainer’s experience in OSH
implement an OSH prescribed in the
trainings
program OSH standards.
 �
DEFINITION OF TERMS
Safety Officer 4 (SO4) Workplace – any site or location
- 4o-hour OSH training course where workers need to be
- 80 hours of advanced/ specialized present or to go to by reason of
Occupational Safety training course their work, and which are under
- aggregate of 320 hours of OSH the direct or indirect control of
related training or experience the employer
Safety Signage – any Worker – any member of the
emergency, warning or labor force, regardless of
danger signpost using the employment status
Workers’ OSH Seminar – the
standard colors and sizes,
mandatory 8-hour module
including the standard
conducted by the safety officer
symbols for safety
of the workplace as prescribed
instructions and warnings
by the OSH standards
in the workplace

Labor Advisory No. 4 - 19 – Guide for Compliance of Establishments to DO 198 – 18

The mandatory workers’ OSH seminar may be conducted by the safety officer of the
establishment or any DOLE accredited/ certified OSH Practitioner/ Consultant. Per
BWC opinion, can be conducted online and on staggered basis.
Section 5 - WORKERS’ RIGHT TO KNOW
Information materials used pursuant to this Section shall be
made readily available and accessible to workers.

New-hired workers shall be provided instructions, orientations

and trainings prior to start of work. The instructions,
orientations, and trainings shall be properly documented by
the employer, and shall be included in the permanent records
of the worker in the establishment.

The workers’ OSH seminar and other trainings/orientations

as required by the employer and by any law shall be at no
cost on the worker and considered as compensable working
time.
Section 6 - WORKERS’ RIGHT TO REFUSE TO
UNSAFE WORK
The worker has the right of refusal to work without threat
or reprisal from the employer if, as determined by the DOLE,
an imminent danger situation exists.

The employer or safety officer cannot require the workers

to return to work where there is continuing imminent
danger to life or health.

Workers affected by the existence of an imminent

danger situation may be temporarily assigned to other areas
within the workplace provided there is no impending issue
with safety and health.
Section 7 - WORKERS’ RIGHT TO REPORT
ACCIDENTS
Workers and their representatives shall have
the right to report accidents, dangerous
occurrences, and hazards to the employer, to
the DOLE and to other concerned government
agencies exercising jurisdiction as the
competent authority in the specific industry or
economic activity. There shall be no retaliation
from the part of the employer pursuant to the
reporting of any accident.
Section 8 - WORKERS’ RIGHT TO PERSONAL
PROTECTIVE EQUIPMENT (PPE)

The cost of the PPE shall be part of the safety

and health program which is a separate pay
item pursuant to Section 20 of this Rules.

All PPE shall be of the appropriate type as

tested and approved by the DOLE based on its
standards. The usage of PPE in all
establishments, projects, sites and all other
places where work is being undertaken shall
be based on the evaluation and
recommendation of the safety officer.
Section 12 - OCCUPATIONAL SAFETY AND HEALTH
PROGRAM
Covered workplaces shall develop and implement a suitable OSH
program which shall be posted in prominent places. Covered
workplaces shall be guided by a format prescribed by DOLE.

For with less than ten workers and low risk establishments with
ten (10) to fifty (50) workers. – The OSH program, which shall be duly
signed by the employer, must include at
least the following:

For medium to high risk establishments with ten (10) to fifty (50)
workers and low to high risk establishments with fifty-one (51) workers
and above. – The OSH program, which shall be duly signed by the
employer, must include at least the following:
OCCUPATIONAL SAFETY AND HEALTH
PROGRAM
The OSH program shall be communicated and be made readily
available to all persons in the workplace. It shall be updated
periodically whenever the DOLE, other regulatory or government
agencies and institutions promulgate new rules, guidelines and other
issuances related to workers’ safety and health.

The company shall ensure that the core elements of OSH program
are integrated in the company OSH program such as management
commitment and employee involvement, workplace risk assessment,
hazard prevention and control, safety and health training and
education, and OSH program evaluation.
OCCUPATIONAL SAFETY AND HEALTH
PROGRAM
The company shall submit a copy of the OSH program to
the DOLE Regional, Provincial, Field or Satellite Office
having jurisdiction over the workplace. A duly signed
company commitment to comply OSH requirements
together with the company OSH program using the
prescribed template shall be considered approved upon
submission EXCEPT for Construction Safety and Health
Program (CSHP) which shall need approval by DOLE prior
to construction.
Labor Advisory No. 4 - 19 – Guide for Compliance of Establishments to DO 198 – 18
The company may opt to use the OSH program template prepared by DOLE in
compliance with Section 12, which shall be submitted to the DOLE Regional,
Provincial, Field or Satellite Office having jurisdiction over the establishment.
OCCUPATIONAL SAFETY AND HEALTH
PROGRAM
OSH programs in the pre-approved template may be
modified by DOLE as necessary based on existing
laws, rules and regulations, and other issuances or
upon validation of the program during inspection. If
there is a modification made by the company, the
company shall submit a revised copy of the OSH
program to DOLE.

The company shall review and evaluate the OSH

program at least once a year or as necessary, to
ensure that its objectives are met towards an
improved safety and health performance.
Section 13 - OCCUPATIONAL SAFETY AND
HEALTH COMMITTEE
To ensure that the safety and health program is observed and enforced,
a Safety and Health Committee shall be organized in covered
workplaces.
For establishments with less than ten workers and low risk
establishments with ten (10) to fifty (50) workers. – A SO1
shall establish an OSH committee composed of the following
:
Chairperson : Company owner or manager
Secretary Safety Officer of the workplace
Member : At least one (1) worker

The safety officer of the workplace may also be the owner, manager or his/her
designated representative.
The company owner or manager or one of the workers of the company shall
undertake a first aid training from the Philippine Red Cross or any DOLE
recognized organization.
OCCUPATIONAL SAFETY AND HEALTH COMMITTEE
For medium to high risk establishments with ten (10) to fifty
(50) workers and low to high risk establishments with fifty-one
(51) workers and above. – The OSH committee of the covered
workplace shall be composed of the following:
Ex-officio chairperson : Employer or his/her representative
Secretary : Safety officer of the workplace
Ex-officio members : Certified first-aider, OH nurse, OH dentist, and
OH physician, as applicable
Members : Safety officers representing the contractor or
subcontractor, as the case may be, and representative/s
of workers who shall come from the union, if the
workers are organized, or elected workers through a
simple vote of majority, if they are unorganized

The OSH committee shall effectively plan, develop, oversee

and monitor the implementation of the OSH program.
OCCUPATIONAL SAFETY AND HEALTH COMMITTEE
For two (2) or more establishments housed under one building or
complex including malls. – Establishments housed under one
building or complex shall have its own respective OSH committee.
A Joint OSH committee shall be initiated and created by the
building owner or building administrator and shall plan, develop
and implement programs and activities for all establishments in
said building or complex on OSH with the following composition:
Chairperson : Building owner or his/her representative such as the building
administrator
Secretary : Safety officer of the building or complex appointed by the
Chairperson
Members : At least two (2) safety officers from any of the establishment housed
under one building or complex
At least two (2) workers’ representatives, one of which must be from a
union if organized, from any of the establishment housed under one
building or complex
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 Conditions.
Section 14 - SAFETY OFFICER
In the implementation of OSH program, the required safety officers shall
be employed or designated with the following duties and responsibilities:
(a) Oversee the overall management of the OSH program
in coordination with the OSH committee;
(b) Frequently monitor and inspect any health or safety aspect
of the operation being undertaken with the participation
of supervisors and workers;
(c) Assist government inspectors in the conduct of safety and
health inspection at any time whenever work is being
performed or during the conduct of an accident investigation
by providing necessary information and OSH reports as
required by the OSH standards; and
(d) Issue Work Stoppage Order (WSO) when necessary based on
the requirements and procedures provided by the OSH standards.
SAFETY OFFICER

Safety officer/s of all workplace must possess the

necessary training and experience requirement
according to its category.
Labor Advisory No. 4 - 19 – Guide for
Compliance of Establishments to DO 198 – 18
The safety officer shall be certified by the
company’s HR based on qualification. The
appointment of the safety officer shall be
issued by the company.
SAFETY OFFICER
Minimum classification and number of safety officer for
all covered workplaces shall be as follows:

Number of Workers Low Risk Medium Risk High Risk

1 to 9 One (1) SO1 One (1) SO1 One (1) SO2
10 to 50 One (1) SO1 One (1) SO3
One (1) SO2
51 to 99
One (1) SO2 and
One (1) SO2 One (1) SO2 and
100 to 199 One (1) SO3
One (1) SO3
Two (2) SO2 or One (1) SO2 and
200 to 250 Two (2) SO3
One (1) SO3 One (1) SO3
Two (2) SO2 and One (1) SO2 and
251 to 500 Two (2) SO3
One (1) SO3 Two (2) SO3
SAFETY OFFICER
Number of
Workers Low Risk Medium Risk High Risk
Two (2) SO2
One (1) SO2
501 to 750 and
Two (2) SO3 and
One (1) SO3
Two (2) SO3
751 to 1000 Two (2) SO3
Every additional Additional One
250 or fraction - - (1) SO3 or
thereof SO4
Every additional Additional One
Additional One
500 or fraction (1) SO3 or -
(1) SO3
thereof SO4
SAFETY OFFICER

Safety officers engaged in micro and small establishments,

low to medium risk, shall be engaged in safety programs
including other tasks designated to him/her by his/her
employer.

In the case of a contractor or subcontractor, at least one

(1) safety officer must be deployed at each specific area of
operations to oversee the management of the OSH
program of its own workforce.
SAFETY OFFICER

The engagement of the services of a certified OSH

consultant (SO4) shall be allowed for a period not
longer than one (1) year for establishments whose
designated safety officer has to be trained or is in
the process of completing the prescribed training
courses and relevant experience.
Section 15 - OCCUPATIONAL HEALTH PERSONNEL
AND FACILITIES

Covered workplaces shall have qualified occupational

health personnel such as certified first-aiders, nurses,
dentists, and physicians duly complemented with the
required medical supplies, equipment and facilities.

The number of health personnel, which may be classified

as full time (FT) or part-time (PT), equipment and facilities,
and the amount of supplies shall be proportionate to the
total number of workers and the risk or hazard involved in
the workplace, the ideal ratio of which shall be as follows:
TRAINING FOR OH PERSONNEL
First-Aider : Standard first aid training

OH Nurse : At least forty (40)-hour Basic OSH training course

for OH Nurses

OH Dentist : At least forty (40)-hour Basic OSH training course

OH Physician : At least fifty-six (56)-hour Basic OSH training

course for OH Physicians
Section 15 - OCCUPATIONAL HEALTH PERSONNEL
AND FACILITIES
Low Risk Medium to High Risk
Number
OH OH
of OH OH First- OH OH
First-Aider Dentis Dentist
Workers Nurse Physician Aider Nurse Physician
t
- - - - - -
1-9
- - - - - -
10-50 1 1
- - - 2 PT - -
51-99

100-199 2 2 PT - - 2 1 FT 1 PT 1 PT

200-500 3-5 1 FT 1 PT 1 PT 3-5 1 FT 1 PT 2 PT

501-2000
6-20 1 FT 1 PT 2 PT 6-20 1 FT 1 FT 2 PT or
1 FT
OCCUPATIONAL HEALTH PERSONNEL
AND FACILITIES
Low Risk Medium to High Risk
Number of OH OH
First- OH OH First- OH OH
Workers Dentist Dentist
Aider Nurse Physician Aider Nurse Physician

1 FT 1 FT
1 FT and 1 FT and 2
>2000 > 20 per 1 FT > 20 per 1 FT
2 PT PT
shift shift

Every 100
workers or a 1 - - - - -
1
fraction thereof

Every 250
workers or a - 1 FT - - - 1 FT - -
fraction thereof

Every 500
1 FT or 4 1 FT or
workers or a - - 1 FT - - 1 FT
PT 4 PT
fraction thereof
OCCUPATIONAL HEALTH PERSONNEL
AND FACILITIES
PT = 4h/d, 3d/w; FT = 8h/d, 6d/w
OH personnel shall be placed
in shift with the highest number of workers
For OH dentists: Alternatively, establishments can enter into a
Memorandum of Agreement (MOA) for dental services for
workers; provided that the requirements for dental facilities are
met.

For OH physicians: If more than 1 PT physician is required,

a physician must be present in all work days of the
establishment.
OCCUPATIONAL HEALTH PERSONNEL
AND FACILITIES
Low Risk Medium to High Risk
Clinic
Number of First aid Hospital First aid Clinic Hospital
(number
Workers treatment (number treatment (number of (number of
of
room of beds) room beds) beds)
beds)
1-9 - - 1 - -
10-50 1 - - 1 - -
51-99 2 1 -
1 -
100-199
200-250 2 -
-
251-500 2
Additional Additional
501-750 -
1 for every 1 for -
751-1000 Additional - Additional
100 every 50
1 for 1 for every
workers workers
every 100
or a or a
200 workers or
fraction fraction
1001-2000 workers 1 a 1
thereof thereof
or a fraction
fraction thereof
thereof
OCCUPATIONAL HEALTH PERSONNEL
AND FACILITIES

The employer may not establish an emergency hospital or

dental clinic in the workplace where there is a hospital or dental
clinic which is located not more than five (5) kilometers away
from the workplace, accessible in not more than twenty-five (25)
minutes travel time, and the employer has facilities readily
available for transporting workers to the hospital or clinic in
cases of emergency. For this purpose, the employer shall enter
into a written contract with the hospital or dental clinic for the
use of such hospital or dental clinic for the treatment of workers
in cases of emergency. However, this shall not excuse the
employer from maintaining in his/her workplace a first aid
treatment room or clinic for workers which shall be as follows:
Section 17 - OCCUPATIONAL SAFETY AND HEALTH REPORTS

All employers, contractors or

subcontractors, if any, shall submit to
DOLE all safety and health reports, and
notifications such as but not limited to
annual medical report (AMR), OSH
committee report, employer’s work
accident/injury report (WAIR), and
annual work accident/injury exposure
data report (AEDR).

Labor Advisory No. 4 - 19 – Guide for Compliance of Establishments to DO 198 – 18

Employers should submit to DOLE the following reports – 1. Employer’s Work Accident/ Injury
Report (WAIR) for work-related cases resulting to disabling injuries/ conditions, 2. Annual Work
Accident/ Injury Exposure Data Report (AEDR) submitted on or before January 30 following the
covered year, 3. Annual Medical Report (AMR) submitted on or before March 31 following the
covered year, and 4. OSH Committee Minutes of meeting submitted on quarterly basis.
Section 21 - COST OF SAFETY AND HEALTH
PROGRAM

The total cost of implementing a

duly approved OSH program shall be
an integral part of the operations
cost. It shall be a separate pay item
in construction and in all contracting
or subcontracting arrangement.
Section 23 - VISITORIAL POWER OF THE
SECRETARY OF LABOR AND EMPLOYMENT
Department Order No. 183, Series of 2017 and the manual on
execution of judgments shall govern the procedures in the
conduct of inspection, mandatory conference, issuance of
order and execution thereof.

A mandatory conference not later than 72 hours shall be held

to determine whether the WSO will be lifted or not.

Imminent danger - One (1) day

PPE - Three (3) days
Others - Not exceeding Ninety (90) days based
on the approved action plan
Section 28 - PROHIBITED ACTS AND ITS
CORRESPONDING PENALTIES
Should there be two (2) or more non-compliances, all
penalties shall be imposed; provided the total daily
penalty shall not exceed one hundred thousand pesos
(₱ 100,000.00).

The penalties shall be computed on a per day basis until full

compliance reckoned from the date of the notice of
violation or service of the compliance order to the employer.

The Regional Director shall, after due notice and hearing impose
the appropriate administrative fines taking into consideration
the damage or injury caused and risk involved including the
severity and frequency of the OSH violations and size of the
establishment
PROHIBITED ACTS AND ITS
CORRESPONDING PENALTIES
Any willful failure or refusal of an employer, contractor or
subcontractor to comply with the following OSH standards below or
with a compliance order issued by the Secretary of Labor and
Employment or his/her authorized representative shall be
penalized of the administrative fines as follows:

Registration of establishment to DOLE ₱20,000.00

Provision of job safety instruction or orientation prior to work ₱20,000.00
Provide worker’s training (first aid, mandatory workers training, ₱25,000.00
mandatory OSH training for safety officers and health personnel)
Provision of safety signage and devices ₱30,000.00

Provision of medical supplies, equipment and facilities ₱30,000.00

Submission of reportorial requirements as prescribed by OSH ₱30,000.00

standards
PROHIBITED ACTS AND ITS
CORRESPONDING PENALTIES
Provision of safety officer and/or OH personnel ₱40,000.00
Provision of certified personnel or professionals required by OSH ₱40,000.00
standards
Establishment of a safety and health committee ₱40,000.00
Formulation and implementation of a comprehensive safety and
health program
₱40,000.00
Provide information on hazards and risk (absence of chemical safety
data sheet, no written SOP in materials handling, lifting etc., no
permitting system for confined spaces/hot works, no lock-out/tag-out ₱40,000.00
system etc.)
Provide sanitary and welfare facilities ₱40,000.00
Use of approved or certified devices and equipment for the task ₱50,000.00
Provision of PPE or charging of provided PPE to workers ₱50,000.00
Compliance with DOLE issued WSO ₱50,000.00
Compliance to other OSH standards ₱40,000.00
PROHIBITED ACTS AND ITS
CORRESPONDING PENALTIES
When the violation exposes the worker to death, serious
injury or serious illness, the imposable penalty shall be One
Hundred Thousand Pesos (₱100,000.00).

An employer, contractor or subcontractor who was found to have

repeatedly violated the same prohibited act shall be penalized of
the corresponding fine plus an additional fine equivalent to
fifty percent (50%) thereof for every instance of repeat violation.
PROHIBITED ACTS AND ITS
CORRESPONDING PENALTIES
If any of the following acts is present and there is non-compliance, the penalty of
one hundred thousand pesos (₱100,000.00) administrative fine shall be imposed
separate and in addition to the daily administrative fine imposed above:
1. Repeated obstruction, delay or refusal to provide the Secretary of Labor and
Employment or any of its authorized representatives access to the covered
workplace, or refusal to provide or allow access to relevant records and
documents or obstruct the conduct of investigation of any fact necessary in
determining compliance with OSH standards;
2. Misrepresentation in relation to adherence to OSH standards, knowing such
statement, report or record submitted to DOLE to be false in any material
aspect; or
3. Making retaliatory measures such as termination of employment, refusal to
pay, reducing wages and benefits or in any manner discriminates against any
worker who has given information relative to the inspection being
conducted.
PROHIBITED ACTS AND ITS
CORRESPONDING PENALTIES

Fines collected pursuant to this Rules shall be

utilized for the operation of OSH initiatives
incentivizing qualified employers in
recognition of their efforts towards ensuring
compliance with OSH and general labor
standards, including OSH training and
education and other programs.
Section 33 - EFFECTIVITY

This Rules shall take effect

fifteen (15) days after its
Publication in a newspaper of
general circulation (January 9,
2019 – Philippine Star).