Info Series on RA11058 and D.O. 198-18

Published: April 12, 2019

Info Series on RA11058 and D.O. 198-18

Workers’ Rights

R.A. 11058 (An Act Strengthening Compliance with OSHS and Providing for Penalties Thereof) and D.O. 198-18, specifically identified major Workers’ Rights, under Sections  5-8. They are:

1. Right to Know. All workers should be informed of all types of hazards in the workplace, and be provided access to training, education and orientation chemical safety, electrical safety, mechanical safety, ergonomics and other hazards and risks. New hires should be properly oriented. For high-risk establishments, a re-orientation on OSH should be done every quarter. Furthermore, re-orientation should be done immediately following changes in the operations or production process
2. Right to Refuse Unsafe Work. Workers can refuse to work without threat or reprisal from the employer, if an imminent danger exists. He/she can immediately report the imminent danger to the DOLE. The Safety Officer can implement a work stoppage or suspend operations if upon his/her own determination, an imminent danger exists. Workers cannot be compelled to work until the work stoppage order has been lifted and when corrective measures have been put in place. Workers affected by the work stoppage order can be temporarily assigned to another workplace for as long as there are no OSH issues in such a place.

Furthermore, Section 24 of D.O. 198-18 states that if the work stoppage order was issued due to an imminent danger situation as a result of employer’s violation or fault, the employer shall pay the affected workers their corresponding wages during the period  of such stoppage of work or suspension of operations. A mandatory conference not later than 72 hours shall be held to determine if the work stoppage order will be lifted or not

3. Right to Report Accidents. Workers and their representatives can report accidents, dangerous occurrences and hazards to the employer, the DOLE and other concerned competent agencies, without fear of retaliation.  
4. Right to Personal Protective Equipment (PPE). Every employer, contractor, or sub-contractor, shall provide his/her workers, PPE free of charge, for any part of the body that may be exposed to hazards, and lifeline, safety belt/harness, gas or dust respirators or masks, and protective shields, whenever necessary, due to hazardous work process or environment, chemical, radiological, mechanical and other irritants or hazards capable of causing injury or impairment of body function in the function of any body part through absorption, inhalation, or body contact.

Cost of the PPE shall be part of the OSH program which is a separate pay item.  

The PPE should be of the appropriate type based on standards issued by the DOLE and/or other means of verification. It should also be of appropriate size, weight and types to specific workers. Workers should also be trained on the application, use, handling, cleaning and maintenance of PPE according to manufacturer’s specifications.

The usage of the PPE should be based on the evaluation and recommendation of the SO due to a hazard assessment of the workplace.Failure to provide appropriate PPE in high risk activities shall give rise to the right of workers to refuse unsafe work.