IncorporationLegal BlogAn Introduction to the Philippines’ Rule 1020, RA 11058 and what these require from employers

January 29, 20210
https://www.tripleiconsulting.com/wp-content/uploads/2021/01/sandy-millar-yvpexJFLTSU-unsplash-1280x853.jpg

For one to appreciate the importance of the republic act reinforced in 2018, it is worth noting several reasons why the need for such is critical in every workplace.

 

Facts and Figures about Occupational-Related Accidents

The International Labour Organization (ILO) identified that a significant number of workers/employees befall to work-related accidents or diseases every year – it’s a staggering estimate of 2.3 million which translates to 6,000 deaths per day. ILO also reported that there are around 340 million occupational accidents and 160 million victims of work-related illnesses annually.

Accidents are caused by unsafe act or unsafe condition or both. Unsafe acts which attributes to 90% of accidents are attributed to a worker’s unawareness, inability and sometimes, lack of motivation to execute a task. Unsafe condition which represents 10% of the causes of accidents are usually unidentified by both employers and workers and are often uncorrected. It also refers to “conditions in the work place that is likely to cause property damage or injury.”

w

 

The Occupational Safety and Health (OSH) Hazard and its objectives

The goal of OSH is to foster workplace safety.

In order for an organization to come up with workplace measures to minimize, if not totally control accidents, it needs to identify the different types of hazards, evaluate the potential causes and device control measures.

In the Philippines, the Department of Labor and Employment (DOLE) is at the forefront of monitoring the compliance of companies when it comes to their implementation of employee and work safety rules and processes.

 

Employer Registration under Rule 1020

Every employer as defined in Rule 1002 (1) shall register their business with the Regional Labor Office or authorized representative having jurisdiction thereof to form part of a databank of all covered establishments.

New establishments must register within 30 days prior to the start date of operation while existing ones are expected to already be registered since they have 60 days from effective date of the standards.

 

The reinforced RA 11058

The Occupational Safety and Health Standards was first formulated in 1978 to comply with the constitutional mandate to safeguard the worker’s social and economic well-being as well as his physical safety and health.

With joint efforts from the Bureau of Working Conditions, the International Labor Organization’s Manila Office and the tripartite sectors, the revisions made in 1989 to the OSH Standards were approved.

It was in 2018 when President Rodrigo Duterte signed Republic Act (RA) 11058 or An Act Strengthening Compliance with Occupational Safety and Health (OSH) Standards.

The Implementing Rules and Regulations (IRR) under Department Order 198 details amongst other things the requirements, duties and rights of employers, workers and other persons, covered workplaces and penalties for non-compliance. It was also mandated in the said IRR that an Occupational Safety and Health (OSH) Program be created by ALL covered workplaces. Such must be prepared and implemented in compliance with DOLE’s preferred format.

 

How will DOLE monitor the compliance and what are the penalties for non-compliance?

Apart from the certificate of registration under Rule 1020, DOLE will also conduct surprise or unscheduled inspections to work establishments.

Depending on the violation/s cited by the inspector, the fine can start from Php20,000.00 to Php50,000.00 which is computed on a per day basis until full compliance. There is also a separate Php100,000.00 administrative fine that will be imposed.

One notable part in the IRR is when the ‘violation exposes the worker to death, serious injury or serious illness’, the employer may be penalized at Php100,000.00.

***

Safety Officers believe that all workplace accidents are preventable with the implementation of appropriate controls, otherwise, the worker or employee must not be obliged to perform the task because no job is worth anyone’s health and/or life.

Do you want to know how we can assist in registering you under Rule 1020 and in preparing your Occupational Safety and Health (OSH) Program? Give us a call at +632 8851 9012 or send us an email at info@tripleiconsulting.com to book a FREE 30-minute consultation.

Leave a Reply

Your email address will not be published. Required fields are marked *