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Today is Friday, January 27,2023 G

REPUBLIC OF THE PHILIPPINES

Congress nf tl1e lillilippines
Metro Manila

Seventeenth Congress
Second Regular Session

Begun and held in Metro Manila, on Monday, the twenty-fourth day of July, two thousand seventeen.

REPUBLIC ACT No. 11058

An Act Strengthening Gompliance with Occupational Safety and Health Standards and Providing Penalties
for Violations Thereof

Be it enacted by the Senafe and House of Represenfatiyes of the Philippines in Congress assembled:

CHAPTER I

DECLARATION OF POLICY

Section 1. Declaration of Policy. - The State affirms labor as a primary social and economic force, and that a safe
and healthy workforce is an integral aspect of nation building.

The State shall ensure a safe and healthfulworkplace for allworking people by afiording them full protection against
all hazards in their work environment. lt shall ensure that the provisions of the Labor Code of the Philippines, all
domestic laws, and internationally-recognized standards on occupational safety and health are being fully enforced
and complied with by the employers, and it shall provide penalties for any violation thereof.

The State shall protect every worker against injury, sickness or death through safe and healthful working conditions
thereby assuring the conservation of valuable manpower resources and prevention of loss or damage to lives and
properties consistent with national development goals, and with the State's commitment to the total development of
every worker as a complete human being.

The State, in protecting the safety and health of the workers, shall promote strict but dynamic, inclusive, and gender-
sensitive measures in the formulation and implementation of policies and programs related to occupational safety
and health.

CHAPTER !I

GENEREAL PROVISIONS

Section 2. Coverage. - This Act shall apply to all establishments, projects, sites, including Philippine Economic Zone
Authority (PEZA) establishments, and all other places where work is being undertaken in all other places where
work is being undertaken in all branches of economic activity, except in public sector.

The Secretary of Labor and Employment shall issue the number of employees, and nature of operations, and the
risk or hazard involved.

Section 3. Definition of Terms. As used in this Act:

(a) Certified first-aider refers to any person trained and duly certified to administer first aid by the Philippine
Red Cross or any organization authorized by the Secretary of Labor and Employment;

(b) Competency standards refers to industry-determined specification of proficiency required for effective work
performance. These are expressed as outcomes with focus on workplace activity rather than training or
personal attributes, and the ability to apply new skills in new situations or changing work organization;

(c) Covered workplaces refer to establishments, projects, sites and all other places where work is being
undertaken wherein the number of employee, nature of operations, and risk or hazard involved in the
business, as determined by the Secretary of Labor and Employment, require compliance with the provisions
of this Act;

(d) Employer refers to any person, natural or juridical, including the principal employer, contractor or
subcontractor, if any, who directly or indirectly benefits ftom the services of the employee;

(e) Equipment refers to any machine with engine or electric motor as prime mover;

(f) Genenl safety and heatth inspection refers to an examination pf the work environment including the
location and operation of machinery other than those covered by technical safety audits, adequacy of work
space, ventilation, lighting, conditions of work environment, handling, storage of work procedures, protection
facilities and other possible souroes of safety and health hazards in the workplace;
 (g) lmminent danger refers to a situation caused by a condition or practice in any place of employment that
could reasonably be expected to lead to death or serious physical harm;

(h) Micro and SmallEnferpnses (MSEs) refer to establishments employing less than ten (10) employees, and
establishments employing less than one hundred (100)employees, respectively.

(i) Occupational health personnelrefers to 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 Heatlh (OSH) standards refer to the Occupational Safety and Health Standards
issued by the Secretary of Labor and Employment pursuant to Articles 168 and 17'1, Chapter 2, Title I of Book
Four of Presidential Decree No. 442, as amended, othenrise known as the Labor Code of the Philippines,
and such other standards as may be issued pursuant to this Act;

(k) Safefy and heafth audil refers to a regular and critical examination of project sites, safety programs,
records, and management performance on programs, records, and management performance on program
standards on safety and health;

(l) Safefy and health committee refers to a body created within the workplace tasked with the authority to
monitor, inspect and investigate all aspects of the work pertaining to the safety and health of workers.

(m) Safety and health program refers to a set of detailed rules to govern the processs and practices in all
economic activities to conform with OSH standards, including the personnel responsible, and penalties for
any violation thereof;

(n) Safefy officer refers to any employee or officer of the company trained by the Department of Labor and
Employment (DOLE) and tasked by the employer to implement an occupational safety and health program,
and ensure that it is in accordance with the provisions of OSH standards;

(o) Safefy signage refers to any emergency, warning or danger signpost or any safety instruction using the
standards colors and sizes, including the standards symbols for safety instructions and warnings ini the
workplace, prescribed by the DOLE; and

(p) Workplace refers to any site or location where workers need to be or to go to by reason of their work, and
which are under the direct or indirect control of the employer.

CHAPTER III

DUTIES AND RIGHTS OF EMPLOYERS, WORKERS AND OTHER PERSONS

Section 4. Duties of Employers Workers an Other Persons. -

(a) Every employer, contractor or subcontractor, if any, and any person who manages, controls or
supervises the work being undertaken shall:

(1) Furnish the workers a place of employment free from hazardous conditions that are
causing or are likely to cause death, illness or physical harm to the workers;

(2) Give complete job safety instructions or orientation to all the workers especially to
those entering the job for the first time, including those relating to familiarization with their
work environment;

(3) lnform the worters of the hazards associated with their work health risks involved ot to
which they are exposed to, preventive measures to eliminate or minimize the risks, and
steps to be taken in cases of emergency;

(4) Use only approved devices and equipment for the workplace;

(5) Comply with OSH standards including training medical examination and where
necessary provision of protective and safety devices such as personal protective
equipment (PPE) and machine guards;

(6) Allow workers and their safety and health representatives to participate actively in the
process of organizing, planning, implementing and evaluating the safety and health
program to improve safety and health in the workplace; and

(7) Provide, where necessary for measures to deal with emergencies and accidents
including fi rst-aid arrangements.

(b) Every worker shall participate in ensuring c,ompliance with OSH standards in the workplace. The
worker shall make proper use of all safeguards and safety devices furnished for the worke/s protection
and that of others, and shall observe instructions to prevent accidents or imminent danger situation in
workplace. The worker shall observe the prescribed steps to be taken in cases of emergency.

The worker shall report to the supervisor any work hazard that may be discovered in the workplace.

(c) lt shall be the duty of any person, including the builder or contractor who visits, builds, renovates or
installs devices or conducts business in any establishment or workplace, to comply with the provisions
of this Act and all other regulations issued by the Secretary of Labor and Employment.

(d) Whenever two(2) or more undertakings are engaged in activities simultaneously in one (1)
workplace, it shall be the duty of all engaged to collaborate in the application of OSH standards and
 regulations.

Section 5. Workers' Right to Know. - The right to safety and health at work shall be guaranteed. All workers shall be
appropriately informed by the employer about all types of hazards in the workplace, provided access to training and
education on chemicalsafety, electricalsafety mechanicalsafety, and ergonomicalsafety.

Section 6. Workers' Right to Refuse 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 in the workplace that
may result in illness, injury or death, and conective actions to eliminate the danger have not been undertaken by the
employer.

Section 7. Workers' Right to Repoft Accidents. Workers and their representatives shall have the right to report
accidents, dangerous occurences, and hazards to the employer, to the DOLE and other concerned government
agencies exercising jurisdiction as the competent authority in the specific industry or economic activity.

Section 8. Workers' Right to Personal Protective Equipment (PPE). - Every employer, contractor or subcontructor, if
any, shall provide his workers, free of charge, protective equipment for their eyes, face, hands and feet, and free,
and lifeline, safety belt or harness, gas or dust respirators or masks, protective shields whenever necessary by
reason of the hazardous work process or environment, chemical, radiological, mechanical and other irritants or
hazards capable of causing injury or impairment in the function of any part of the body through absorption, inhalation
or physical contact. 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 Act.

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 9. Safety Slgnage and Devices. - All establishments, projects, sites and all other places where work is
being unde(aken shall have safety signage and devices to wam the workers and the public of the hazards in the
workplace. Safety signage and devices shall be posted in prominent positions and strategic locations in a language
understandable to all, and in accordance with the standard set by the DOLE.

Section 10. Safety in the Use of Equipment. ln relation to the use of equipment, the employer, contractor or
subcontractor, if any, must comply with the DOLE requirements in the different phases of the company or project
operation including the transport to and from the establishment, project, site or place where work is being
undertaken.

Section 11. Occupational Safety and Health lnformation. - Workers in all establishments, projects, sites and all
other places where work is being undertaken shall be provided adequate and suitable information by the employer,
contractor or subcontractor, if any, on safety and health hazards, and the appropriate measures, including the
probable location of workers, for the prevention, control and protection againsta those hazards.

CHAPTER IV

COVERED WORKPLACES

Section 12. Occupational Safety Health (OSH) Program. - Covered workplaces shall have a safety and health
program including the following policies, guidelines or information:

(a) Statement of commitment to comply with OSH requirements;

(b) General safety and health, including a drug-free workplace;

(c) Human lmmunodeficiency Mrus (HlV) and Acquired lmmune Deficiency Syndrome
(Al DS)/tuberculosis/hepatitis prevention control ;

(d) Company or project details;

(e) Composition and duties of the safety and health committee;

(f) Occupational Safety and health personnel and facilities;

(g) Safety and health promotion, training and education;

(h) Conduct of toolbox meetings;

(i) AccidenUincidenUillness investigation, recording and reporting;

O Provision and use of PPE;

(k) Provision of safety signage;

(l) Dust control and management, and regulations on activities such as building of temporary
structures, and lifting and operation of electrical, mechanical, communications systems and other
equipment;

(m) Provision of workers' welfare facilities;

(n) Emergency preparedness and response plan;

(o) Waste management sYstem;and

 - (p) Prohibited acts and penalties for violations.

The safety and health program shall be prepared and executed by the employer, contractor or subcontractor, if any,
in consultation with the workers and their representatives and shall be submitted to the DOLE which shall approved
disapproved or modify the same according to existing laws riles and regulations, and other issuances.

The approved safety and health program shall be communicated and be made readily available to all persons in the
workplace.

Section 13. Occupational Safety and Health (OSH) Committee. - To ensure that the safety and health program
observed and enforced, a safety and health commiftee shall be organized in covered workplaces composed of the
following:

(a) Employer or representative as the chairperson ex officio;

(b) Safety officer of the company or project as the secretary;

(c) Safety ofiicer representing the contractor or subcontractor, as the case may be, as members;

(d) Physicians, nurses, certified first-aiders, and dentists as members, ex officio,if applicable; and

(e) Workers representatives who shall come from the union if the workers are organized or elected by
the workers through a simple majority vote if they are unorganized, as members.

The committee shall effectively plan develop, oversee and monitor the implementation of the safety and health
program.

Section 14. Safety Officer. - To ensure that a safety and health program is duly followed and enforced, covered
workplaces shall have safety officers who shall:

(a) Oversee the overall management of the safety and health program;

(b) Frequenfly monitor and inspect any health or safety aspect of the operation being undertaken;

(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; and

(d) lssue work stoppage orders when necessary.

The number and qualification of the safety officers shall be proportionate to the total number of wrokers and
equipment, the size of the work area and such other criteria as may be prescribed by the DOLE.

ln the case of a contractor or subcontractor, a safety ofiicer must be deployed at each specific area of operations to
oversee the management of the safety and health programs of its own workforce.

Section 15. Occupational Heafth Personnel and Facilities. - Covered workplaces shall have qualified occupational
health personnel such as physicians, nurses, certified first-aiders, and dentists duly complemented with the required
medical supplies, equipment and facilities. The number of health personnel, equipment and facilities. The number of
health personnel, equipment and facilities, and the amount of supplies shall be proportionate to the total number of
workers and the risk of hazard involved, the ideal ratio of which shall be prescribed by the DOLE.

Section 16. Safefy and Heafth Training. -

(a) All safety and health personnel shall undergo the mandatory training on basic occupational safety
and health for safety ofiicers as prescribed by DOLE.

(b) All workers shall undergo the mandatory eight (8) hours safety and health seminar as required by
the DOLE which shall include a portion on joint employer-employee orientation.

(c) All personnel engaged in the operation, erection and dismantling of equipment and scaffolds,
structural erections, excavations, blasting operations, demolition, confined spaces hazardous
chemicals, welding, and flame cutting shall undergo specialized instruction and training on the said
activities.

Section 17. Occupational Safety and Health Reports. - All employers, contractors or subcontractors, if any, shall
submit all safety health reports, and notifications prescribed by the DOLE.

Section 18. Workers' Competency Certification. - ln order to professionalize, upgrade and update the level of
competence of workers, the Technical Education and Skills Development Authority (TESDA) or the Professional
Regulation Commission (PRC), as the case may be, shall establish national compentency standards and prepare
guidelines on competence assessment and certification for critical occupations. ln this regard, all critical occupations
shall undergo the mandatory competence assessment and certification by the TESDA.

An occupation shall be considered criticalwhen:

(a) The performance of a job afects the people's lives and safety;

(b) The job involves the handling of tools, equipment and supplies;

(c) The job requires a relatively long period of education and training; and
 ' (d) The performance of the job may compromise the safety, health and environmental concerns within
the immediate vicinity of the establishment.

Section 19. Workers'Welfare Facilities. - All establishments, projects, sites and all other places where work is being
undertaken shall have the following welfare facilities in order to ensure humane working conditions:

(a)Adequate supply of safe drinking water;

(b) Adequate sanitary and washing facilities;

(c) Suitable living accomodation for workers, as may be applicable; and

(d) Separate sanitary washing and sleeping facilities for men and women workers as may be
applicable.

Section 20. Cosf of safety and Health Program. - The total cost of implementing a duly approved safety and health
program shall be an integral part of the operations cost. lt shall be a separate pay item in construction and in all
contracting or subcontracting anangements.

CHAPTERV

JOINT AND SOLIDARITY LIABILITY

Section 21. Employers'Responsrbility and Liability. - The employer, project owner, general contractor, contractor or
subcontractor, if any, and any person who manages, controls or supervises the work being undertaken shall be
jointly and solidarily liable for compliance with this Act.

CHAPTER VI

ENFORCEMENT OF OCCUPATIONAL SAFETY AND HEALTH STANDARDS

Section 22. Visitoial Power of fhe Secretary of Labor and Employmenf. - Pursuant to Article 128 of the Labor Code
of the Philippines and other applicable laws, the Secretary of Labor and Employment or the Secretary's authorized
representatives shall have the authority to enforce the mandatory occupational safety and health standards in all
establishments and conduct, together with representatives from the the labor and the employer sectors, an annual
spot audit on compliance with OSH standards. The Secretary or the Secretary's duly authorized representatives can
enter workplaces at anytime of the day or night where work is being performed to examine records and investigate
facts, conditions or matters necessary to determine compliance with the provisions of this Act.

No person or entity shall obstruct, impede, delay or otherwise render ineffective the orders of the Secretary of Labor
and Employment or the Secretary's duly authorized representatives issued pursuant to the authority granted under
Aficle 128 o'f the Labor Code of the Philippines, and no lower court or entity shall issue temporary or permanent
injunction or restraining order or othenryise assume jurisdiction over any case involveing the enforcement orders.

The Secretary of Labor and Employment may likewise order stoppage of work or suspension of operations of any
unit or department of an establishment when noncompliance with law or implementing rules and regulations poses
grave and imminent danger to the health and safety of workers in the workplace.

The procedure for inspecting work premises, notifying employers of violations, and issuing compliance or stoppage
orders shall be pursuant to the procedure laid down in Article 128 of the Labor Code of the Philippines as
implemented through relevant regulations issued by the DOLE on administration and enforcement of labor laws. The
inspector or person authorized by the DOLE to enforce compliance with OSH standards shall present proper
identification upon request, and such inspector or person shall only act within the authority or direction given by the
Secretary of Labor and Employment.

The Secretary of Labor and Employment or the Secretary duly authorized representatives shall inspect
establishments and workplaces regardless of the size and nature of operation. Any kind of self-assessment shall not
take the place of labor inspection conducted by the DOLE. However, chartered cities may be allowed to conduct
industrial safety inspections of establishments within their jurisdiction in coordination with the DOLE: Provided, ThaI
they have adequate facilities and competent personnel for purpose as determines by the DOLE, and subject to
national standards established by the latter.

Section 23, Payment of Workers During Work Stoppage Due to lmminent Danger. - lf stoppage of work due to
imminent danger occurs as a result of the employer's violation or fault, the employer shall pay the workers
concemed their wages during the period of such stoppage of work or suspension of operation. For purposes of
payment of wages and any other liabilities arising from a work stoppage order is issued secondary to an imminent
danger situation which would imperil the lives of the workers.

Section 24. Delegation of Authoity. - The authority to enforce mandatory OSH standards may be delegated by the
Secretary of Labor and Employment to a competent government authority.

Section 25. Standards Seffing Power of the Secretary of Labor and Employmenf. - The Secretary of Labor and
Employment shall, in consultation with the other concerned government agencies and relevant stakeholders, by
appropriate orders, set and enforce mandatory OSH standards to eliminate or reduce occupational safety and health
hazards depending on the number of employees of the establishment, the nature of its business operations, and the
risk or hazard involved.

The Secretary shall also institute new, and update existing programs to ensure safe and healthy working conditions
in all workplaces especially in hazardous industries such as a mining, fishing, construction, and the maritime
industry.
Sbction 26. Employee's Compensation Claim. - A worker may file claims for compensation benefit arising out of
work-related disability or death. Such claims shall be processed independently of the finding of fault, gross
negligence or bad faith of the employer in a proceeding instituted for the purpose.

Section 27. lncentives to Employe,rs. - There shall be an established package of incentives under such riles and
regulations as may be promulgated by the DOLE to qualified employers to recognize their efiorts toward ensuring
compliance with OSH and general labor standards such as OSH training packages, additional protective equipment,
technical guidance, recognition awards and other similar incentives.

Section 28. ProhibitedActs. - The following are considered as prohibited acts:

(a) Willful failure or refusal of an employer, contructor or subcontructor to comply with the required OSH
standards or with a compliance order issued by the Secretary of Labor and Employment or by the
Secretary's authorized representative shall make such employer, contructor or subcontructor liable for
an administrative fine not exceeding One hundred thousand pesos (Pl00,000.00) per day until the
violation is corrected, counted from the date the employer or contructor is notified of the violation or the
date the compliance order is duly served on the employer. The amount of fine imposed shall depend on
the frequency or gravity of the violation committed or the damage caused: Provide, however, That the
maximum amount shall be imposed only when the violation exposes the workers to a risk of death,
serious injury or serious illness.

(b)An employer, contructor or subcontructor who willfully fails or refuses to comply with the required
OSH standards or with a duly issued compliance ordel and engages in any of the following acts to aid,
conceal or facilitate such noncompliance shall be liable for a maximum of One hundred thousand
pesos (P100,000.00) administrative fine separate from the daily fine imposed above:

(1) Repeated obstruction, delay or refusalto 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 the DOLE to be false in any material aspect;

(3) Making retaliatory measures such as termination of employment, refusal to pay, reducing
wages and benefits or in any manner discriminates against any workers who has given
information relative to the inspection being conducted.

For the purpose, the Secretary of Labor and Employment, in consultation with relevant stakeholders, shall issue a
list of offenses with corresponding reasonable administrative fines depending on the severity, frequency and
damage caused without prejudice to the filing of a criminal or a civil casein the regular courts, as the case may be.

The fine collected shall be used for the operation of occupational safety and health initiatives, including occupational
safety and health training and education and other occupational safety and health programs.

CHAPTER VII

MISCELI-ANEOUS PROVISIONS

Section 29. Updated DOLE Computerized Labor Law Compliance Sysfem. - The Secretary of Labor and
Employment shall maintain an updated labor inspection system of computerized gathering and generation of real
time data on compliances, monitoring of enforcement, and a system of notification on workplace accidents and
injuries.

Section 30. Applicability to Micro and Small Enterprises (MSEs). - Specific to MSEs, the DOLE shall develop OSH
core compliance standards to ensure safe and healthy workplaces. All MSEs shall be required to implement the
prescribed standards for housekeeping, materials handling and storage, electrical and mechanical safety and PPE,
and to monitor hazards regularly.

Section 31. lnter-Govemmental Coordination and Cooperation. - The DOLE shall institute a mechanism for
coordination with the Department of Environment and Natural Resources, Department of Energy, Department of
Transportation, Department of Agriculture, Departmen of Publis Works and Highways, Department of Trade and
lndustry Department of the lnterior and Local Government, Department of Health, Department of lnformation and
Communications Technology, PEZA and all other govemment agencies, including local government units, within
sixty (60) days from the issuance of the implementing rules and regulations of this Act. They shall regularly convene
to monitor the effective implementation of this Act as well as the related programs and projects that are established
to prevent and eliminate the incidence of injury, sickness or death in all workplaces.

Section 32. lmplementing Rules and Regulations. -The Secretary of Labor and Employment, in coordination with
agencies concerned, shall formulate the rules and regulations within ninety (90) days after the effectivity of this Act.

Section 33. Separab ility Clause. - If any part, section or provision of this Act shall be held invalid or unconstitutional,
the other provisions not affected by such declaration shall remain in fullforce and effect.

Section 34. Repealing Clause. - All laws, acts decrees, executive orders, rules and regulations or other issuances
or parts thereof which are inconsistent with this Act are hereby modified or repealed.

Section 35. Effectivity. - This Act shall take efiect after fifteen (15) days after its publication in the Official Gazette or
at least two (2) newspapers of general circulation.

Approved,
VTCENTE C. SOTTO
President of the Senate

PANTALEON D. ALVAREZ
Speaker of the House of Representative

This Act which is a consolidated of House Bill No. &t and Senate Bill No. 13'17 was passed by the House of
Representatives and the Senate on May 22,2018.

MYRA MARIE D. VILLARICA

Secretary of Senate

CESAR STR,AIT PAREJA

Secretary General
House of Representatives

Approved: August 17, 2018

RODRIGO ROA DUTERTE

President of the Philippines

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