A First Glance Observation of RA.11058
Rosanna M.Tubelonia
The Implementing Rules and Regulations (IRR) is still out there but permit these observations on the new law from someone who has worked in the area of occupational safety and health for more than 30 years.
Here are the observations:
- Coverage- coverage are establishments, sites, projects, even PEZA establishments, where work is undertaken in all branches of economic activity . Only the public sector is excepted.
- Role of employers now are more specific and expanded-aside from the general statement “ to furnish workers a place of employment free from hazardous conditions….”, the employers must “inform the workers of the hazards associated with their work, the health risks to which they are exposed to, preventive measures to minimize their risks, and steps to be taken on emergency cases” .
- Liability is spread out. Employers, project owners, general contractor or sub contractor if any, and any person who manages, controls, or supervises any work to be done, are jointly and solidarily liable under this Act. (I hope the IRR will clarify this better)
- The Safety Officer ‘s role is more defined and in some ways expanded- i.e. to oversee, monitor and inspect, assist government representatives, and more importantly, can order stoppage of operations, but only when necessary . (SOs must therefore be able to defend this action if they deem the stoppage order as really necessary. Records, documentation, as minutes of meetings, inspection reports, equipment logs, training records of workers, JHAs done, Risk Assessments, to name only a few, are therefore important)
- Role of workers have been expanded. Not only are they instructed to participate in OSH activities, but they are also asked to make proper use of all safeguards and safety devices and observe instructions to prevent imminent danger.
- Two critical rights of the workers are included- the right to know and the right to refuse unsafe work in imminent danger cases. They must know the type of hazards they are to be exposed to; be given training and education on basic OSH concerns like chemical safety; electrical safety; machine safety; ergonomics.
- The standards to be issued will be based on three factors- the number of employees, the nature of work and the hazards involved.
- The definition of imminent danger is more laymanized – it is “a situation caused by a condition or practice in any place of employment that could reasonably be expected to cause death or serious physical harm.” (Serious physical harm must be clarified or defined better)
- Microenterprise were defined as having less than 10 workers, while small enterprises have SSS than 10 workers.
- In the case of PPEs, the word “free” is now used instead of "at his (employer’s) expense".
- Training hours – Safety officers have to undergo the 40 hours training while workers have to undergo 8 hours. Specialized trainings are also for those with specific skills.
- Fines and penalties-Up to an amount of P100,000 will serve as an administrative penalty for the erring employer for every day of non-correction of violation, counted from the date the employer or contractor 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, provided, however, that the maximum amount shall be imposed.
- More importantly, the DOLE has been instructed to update its Computerized Labor Laws Compliance System. (Really, really important to track OSH situation in real time.)
So, let us closely watch the development of the IRR though this cursory look at this law, reveals that the law is more representative and more relevant to current work conditions.
Our prayers should go to the drafters of the IRR!
