The OSH Info Series on RA 11058 and DO 198-18: An Introduction
January of 2019 is the start of a good year for us working in the area of OSH. The new law on OSH is now in place with the publication of DO 198-18, the Implementing Rules and Regulations (IRR) of RA 11058
As our contribution to widely spread information on this law, we staring this series especially focused on areas that would be of most interest to many in the OSH profession.
The series would be numbered for later reference.
So, let us now start with the series. And topic number 1 would be a brief introduction on the law itself.
Info Series No. 1: Getting to Know R.A. 11058
The law’s full name is, “An Act Strengthening Compliance to the Occupational Safety and Healh Standards and Providing for Penalties for Violations Thereof’.
It was signed into law by President Rodrigo Roa Duterte on August 17, 2018.
Principal author was Senator Joey Villanueva.
The law was published in Manila Bulletin on August 22, 2018.
The law gave the Department of Labor and Employment (DOLE) ninety days to develop its IRR.
By December 6, 2018, Secretary Bello signed the IRR two days away from the DOLE’s anniversary.
The IRR, in the form of DO 198-18, was published at the Philippine Star on January 9, 2019.
The IRR became effective on January 25, 2019, 15 days after publication from the said newspaper as per legal requirements.
Coverage
The law is applicable to all establishments, project sites, and in all other places where work is being undertaken in all branches of economic activity, except the public sector.
These includes:
1.Establishments located inside special economic zones and other investment promotion agencies (such as Philippine Economic Zone Authority (PEZA), Clark Development Corporation (CDC);
- Utilities engaged in air, sea, and land transportation; and
- Industries such as mining, fishing, construction, agriculture and maritime.
Workers on contractors and sub-contractors are to follow the OSH policy and program of the establishment where they are assigned.
The public sector is the government. The Civil Service is supposed to provide OSH guidelines for government offices.
Imminent Danger
The term, “imminent danger” have been redefined, from “a condition or practice that could reasonably be expected to cause death or serious physical harm before abatement under the enforcement procedures can be accomplished.” (Rule 1012.1, OSHS);
To
“a situation caused by a condition or practice of employment that could reasonably be expected to lead to death or serious physical harm.” (Chapter II, Sec. 3, (i), D.O. 198-18 or the IRR to RA 11058).
The last part of the previous definition have been removed probably because an imminent danger can exist even before and/or without abatement under the enforcement procedures.
In the past, evidence of imminent danger was the basis for the stoppage of operations where fatalities were reported in some establishments.
A classic example would be the hydro pulper of a paper mill where two deaths were reported. The machine, which was installed at floor level, was operating without the usual railing to prevent contact of workers with the machine and conveyor to push used paper materials for it to recycle.
The new law now also classifies establishments as to Risk and Size (Sec. 3, DO 198-18)
- High Risk establishment- refers to a workplace wherein the presence of hazard or potential hazard within the company may affect the safety and/or the health of workers not only within but also persons outside the premises of the workplace. There is high level of exposures to safety and health hazards, probability of a major accident resulting to disability or death or major illness is likely to occur if no preventive or control measures are in place. Examples of such are the following:
- Chemical works and chemical production plants;
- Construction;
- Deep sea fishing;
- Explosive and pyro technic companies
- Firefighting;
- Healthcare facilities;
- Installation of communication accessories, towers and cables;
- LPG filling, refilling, storage and distribution;
- Mining;
- Petrochemical and biofuel works and refineries;
- Power generation, transmission, and distribution in the energy sector;
- Storage, handling, and distribution center for toxic or hazardous chemicals;
- Storage and handling of fertilizers in high volume;
- Transportation;
- Water supply, sewerage, waste management, remediation activities;
- Works in which chlorine is used in bulk; and
- Activities closely similar to those enumerated above and other activities as determined by DOLE in accordance with existing issuances on the classification of establishments.
2.Low risk establishment - a workplace where there is low level of danger or exposure to safety and health hazards and with probability of an accident, injury or illness, if no preventive or control measures are in place.
3. Micro and Small Enterprises (MSEs) establishments employing less than ten (10) employees, and the establishments employing less than one hundred (100) employees, regardless of capitalization.
