Revised Implementing Rules and Regulations of Republic Act No. 11058

Declaration of Policy and General Objectives

• Labor is affirmed as a primary social and economic force of the State.

• The State protects worker rights by fostering environments that uphold safety, health, and welfare through a proactive and enforceable occupational safety and health ($OSH$) framework.

• Policy goals include the prevention of occupational injuries, diseases, and deaths while simultaneously enhancing productivity.

• The conservation of human resources is prioritized, as worker well-being is considered essential for business continuity and national growth.

• Inclusive and dynamic regulations are implemented to adapt to evolving industry risks, emerging technologies, and global best practices.

• Workplace policies are mandated to be gender-sensitive and equitable, ensuring safety and health measures are accessible to all workers across various industries.

• The State promotes education and continuous training to empower both employees and employers in maintaining a culture of safety.

Scope and Coverage

• The Revised Rules apply to all establishments, projects, sites, and other locations where work is undertaken across all branches of economic activity.

• Coverage extends to:

  • Entities located inside special economic zones and other investment promotion agencies, such as the Philippine Economic Zone Authority ($PEZA$) and the Clark Development Corporation ($CDC$).

  • Parties engaged in contracting and subcontracting activities in both the private and public sectors.

  • Government-owned or controlled corporations ($GOCCs$) without an original charter.

• Government branches, subdivisions, instrumentalities, and agencies (including state universities, colleges, and local government units) follow the policy framework established by Joint Memorandum Circular No. 01, Series of 2020, issued by the Civil Service Commission, Department of Health ($DOH$), and Department of Labor and Employment ($DOLE$).

Technical Definitions for Occupational Safety and Health

• Accident: An unplanned, unintended, unexpected, or unforeseen event arising out of or in the course of work resulting in fatal or non-fatal injury, property damage, work stoppage, or any combination thereof.

• Dangerous Occurrence: Occurrences with the potential to cause injury or disease, including:

  • Explosion of boilers used for heating or power piping lines.

  • Explosion of a receiver or storage container of gas with pressure greater than atmospheric.

  • Bursting of a revolving wheel, grinder stone, or grinding wheel operated by mechanical power.

  • Collapse of a crane, derrick, winch, or hoist used for raising or lowering people or goods.

  • Collapse of scaffolding, platforms, trenches, excavations, and wall structures in construction.

  • Explosion or fire resulting in 24-hour work suspension or machinery stoppage.

  • Electrical short circuits attended by explosion or fire causing structural damage and 24-hour stoppage.

  • Exposure to hazardous chemicals and noxious gases from mining operations.

  • Collapse of mining structures.

• Imminent Danger: A condition or practice in any workplace that could reasonably be expected to lead to death or serious physical harm.

• Serious Injury or Illness: Satisfying criteria such as 24-hour hospitalization (excluding observation), loss of any body part, serious permanent disfigurement, or permanent total/partial disability.

• High-Risk Establishment: A workplace where hazard exposure is high, and major accidents resulting in death or disability are likely without control measures. Examples include chemical plants, construction sites, stevedoring, mechanized farming, explosive factories, and healthcare facilities.

• Safety Officer Classifications:

  • Safety Officer 1 ($SO1$): Completed mandatory 8-hour Basic Occupational Safety and Health ($BOSH$) training.

  • Safety Officer 2 ($SO2$): Completed mandatory 40-hour $BOSH$ training or relevant industrial university education.

  • Safety Officer 3 ($SO3$): Completed 40-hour $BOSH$, 48 hours of advanced/specialized $OSH$ training, and has 2 years of relevant experience.

  • Safety Officer 4 ($SO4$): Completed 40-hour $BOSH$, 80 hours of advanced $OSH$ coursework, an aggregate of 320 hours of $OSH$ training, and at least 4 years of experience as $SO3$.

Duties and Rights in the Workplace

• Employer Duties:

  • Register the establishment with the $DOLE$.

  • Oversee the implementation of the $OSH$ program and ensure the environment is free from hazardous conditions.

  • Communicate safety instructions in a language understood by workers before deployment.

  • Provide approved Personal Protective Equipment ($PPE$) and devices at no cost to the worker.

  • Establish communication systems for monitoring safety and coordinate with contractors/subcontractors.

  • Report work stoppage orders ($WSO$) and submit all required administrative reports.

• Employee Rights:

  • Right to Know: Access to information regarding workplace hazards, chemical safety data sheets, and emergency preparedness.

  • Right to Refuse Unsafe Work: Refusal to work without threat or reprisal if imminent danger exists. Workers cannot be forced to return until a $DOLE$ Regional Director-issued $WSO$ is lifted.

  • Right to Report Accidents: Reporting of dangerous occurrences to the employer or $DOLE$ (Hotline 1349) without retaliation.

  • Right to $PPE$: Free provision of body harnesses, respirators, protective shields, and masks. If $PPE$ is not provided for high-risk activities, the worker can refuse work.

• Shared Responsibility: Compliance with $OSH$ standards is a shared responsibility between employers and employees.

Occupational Safety and Health Programs and Personnel

• $OSH$ Program Requirements: All establishments must develop a program following $DOLE$ templates. It must include emergency procedures and risk reduction strategies for hazardous materials. Costs for implementing the program are part of operational costs and must be listed as separate pay items in construction contracts.

• Personnel Requirements:

  • Safety Officer: Present on all workdays. The most qualified officer is assigned to the shift with the highest number of workers.

  • First Aider: Certified by the Philippine Red Cross ($PRC$) or authorized organizations. Provides immediate temporary treatment.

  • $OH$ Nurse: Organizes health service programs and provides nursing care. Part-time ($PT$) signifies 4 hours per day, while Full-time ($FT$) signifies 8 hours per day in a normal workweek.

  • $OH$ Physician: Treats work-related illnesses, conducts fitness-for-work exams, and supervises medical substances used in processes.

• Administrative Reports Submission:

  • Annual Medical Report ($AMR$): Due by the last day of March for the previous year.

  • Annual Work Accident/Illness Exposure Data ($AEDR$): Due by January 30.

  • Employer's Work Accident/Illness Report ($WAIR$): Due every 30th of the month, even if no accident occurred.

Industry-Specific $OSH$ Standards

• Retail and Food Service: Categorized as low, medium, or high risk based on products and equipment usage. High-risk establishments (e.g., using cutting/lifting equipment or dealing with hazardous chemicals) require specific numbers of first aiders and physicians based on worker count.

• Construction Industry: Requires submission of a Construction Safety and Health Program ($CSHP$) to $DOLE$ before the project starts. Publicly funded projects must have $CSHP$ approved by the $DPWH$ (Department of Public Works and Highways).

• Fishing Industry: Adopts vessel classifications: Small-scale ($3.1$ to $20$ gross tonnage ($GT$)), Medium-scale ($20.1$ to $150$ $GT$), and Large-scale (over $150$ $GT$). Marine protests submitted to the Philippine Coast Guard ($PCG$) serve as equivalent to $WAIR$ reports.

• Business Process Outsourcing ($BPO$): Guidelines focus on workstation ergonomics, prevention of noise-induced hearing loss, and computer vision syndrome. Telecommuting workers must have defined boundaries for rest outside work hours.

• Agriculture: Includes crop production, forestry, and animal husbandry. Programs must address land/marine animal bites, heat stress, and safe use of All-Terrain Vehicles ($ATVs$). Deworming and immunization programs are required components.

• Healthcare Industry: Hospitals and clinics must appoint a designated first aider from their staff. Specialized standards apply to student trainees and interns. Healthcare facilities must follow nurse-to-patient ratio standards.

• Mining Industry: Requires escape ramps, traffic signs at mine sites, and certifications for heavy equipment. Specific first aid team requirements vary between underground and surface mining shifts.

• Telecommunications: Focuses on at-height workers. Fall protection is required for elevations of $6$ feet or more. A Personal Fall Protection Arrest System ($PFAS$) must include an anchorage, body wear (harness), and a connecting device.

Prohibited Acts and Administrative Fines

• Administrative Fines (in $PhP$):

  • Non-registration with $DOLE$: $1,000$.

  • Failure to submit $WAIR/AEDR/AMR$: $1,000$ (1st), $2,000$ (2nd), $3,000$ (3rd).

  • No Safety Officer or First Aider: $3,000$ (1st), $5,000$ (2nd), $7,000$ (3rd).

  • No $OSH$ Program: $5,000$ (1st), $10,000$ (2nd), $15,000$ (3rd).

  • No $CSHP$: $5,000$ (1st), $10,000$ (2nd), $15,000$ (3rd).

  • Failure to provide free $PPE$: $3,000$ (1st), $5,000$ (2nd), $7,000$ (3rd).

  • No Permit to Operate mechanical/electrical equipment: $5,000$ (1st), $10,000$ (2nd), $15,000$ (3rd).

• Daily Penalties: Fines are imposed daily until the violation is corrected, not to exceed $PhP 100,000$ per day.

• Separate Fine of $PhP 100,000$: Imposed in cases where failure to comply results in death or serious injury, or for willful obstruction of government investigations or retaliatory measures (termination/wage reduction) against reporting workers.

Incentives and Compliance Support

• Incentivizing Compliance Program: Qualified micro establishments may access the $DOLE$ Integrated Livelihood Program ($DILP$) and receive free $SO1$ and first aid training.

• Recognition: Compliant establishments may receive awards like the Gawad Kaligtasan at Kalusugan ($GKK$) Award, Productivity Olympics ($PO$), or recognition from Regional Tripartite Industrial Peace Councils ($RTIPC$).

• Inter-Governmental Coordination: An Inter-government Coordination and Cooperation Committee ($IGC3$) involving $DENR$, $DOE$, $DOTr$, $DA$, and other agencies meets quarterly to monitor the implementation of rules.

• Compensation Claims: Workers may file for benefits independently of any findings of employer fault. Employers must assist workers in the application process for these claims.