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1 – Concepts and key terms

1. Summary

▪ Republic Act No. 11058, a.k.a. OSH Law, was passed in 2018.

▪ The OSH Law applies to all establishments, projects, and sites.

2. Concept

Republic Act No. 11058, a.k.a. the “OSH Law”, shall apply to all establishments, projects, sites, including Philippine Economic Zone Authority (PEZA) establishments, and all other places where work is being undertaken in all other places where work is being undertaken in all branches of economic activity, except in public sector. (Section 2, R.A. 11058)

The Secretary of Labor and Employment shall issue the number of employees, and nature of operations, and the risk or hazard involved. (Paragraph 2, Section 2, Ibid.)

3. Key terms

Certified first-aider – refers to any person trained and duly certified to administer first aid by the Philippine Red Cross or any organization authorized by the Secretary of Labor and Employment. (Section 3[a], Ibid.)

Competency standards – refers to industry-determined specification of proficiency required for effective work performance. These are expressed as outcomes with focus on workplace activity rather than training or personal attributes, and the ability to apply new skills in new situations or changing work organization. (Section 3[b], Ibid.)

Covered workplaces – refer to establishments, projects, sites and all other places where work is being undertaken wherein the number of employee, nature of operations, and risk or hazard involved in the business, as determined by the Secretary of Labor and Employment, require compliance with the provisions of this OSH Law. (Section 3[c], Ibid.)

Employer – refers to any person, natural or juridical, including the principal employer, contractor or subcontractor, if any, who directly or indirectly benefits from the services of the employee. (Section 3[d], Ibid.)

Equipment – refers to any machine with engine or electric motor as prime mover. (Section 3[e], Ibid.)

General safety and health inspection – refers to an examination pf the work environment including the location and operation of machinery other than those covered by technical safety audits, adequacy of work space, ventilation, lighting, conditions of work environment, handling, storage of work procedures, protection facilities and other possible sources of safety and health hazards in the workplace. (Section 3[f], Ibid.)

Imminent danger – refers to a situation caused by a condition or practice in any place of employment that could reasonably be expected to lead to death or serious physical harm. (Section 3[g], Ibid.)

Micro and Small Enterprises (MSEs) – refer to establishments employing less than ten (10) employees, and establishments employing less than one hundred (100) employees, respectively. (Section 3[h], Ibid.)

Occupational health personnel – refers to a qualified first aider, nurse, dentist or physician engaged by the employer to provide occupational health services in the establishment, project, site or workplace. (Section 3[i], Ibid.)

Occupational Safety and Health (OSH) – standards refer to the Occupational Safety and Health Standards issued by the Secretary of Labor and Employment pursuant to Articles 168 and 171, Chapter 2, Title I of Book Four of Presidential Decree No. 442, as amended, otherwise known as the Labor Code of the Philippines, and such other standards as may be issued pursuant to this Act. (Section 3[j], Ibid.)

Safety and health audit – refers to a regular and critical examination of project sites, safety programs, records, and management performance on programs, records, and management performance on program standards on safety and health. (Section 3[k], Ibid.)

Safety and health committee – refers to a body created within the workplace tasked with the authority to monitor, inspect and investigate all aspects of the work pertaining to the safety and health of workers. (Section 3[l], Ibid.)

Safety and health program – refers to a set of detailed rules to govern the processs and practices in all economic activities to conform with OSH standards, including the personnel responsible, and penalties for any violation thereof. (Section 3[m], Ibid.)

Safety officer – refers to any employee or officer of the company trained by the Department of Labor and Employment (DOLE) and tasked by the employer to implement an occupational safety and health program, and ensure that it is in accordance with the provisions of OSH standards. (Section 3[n], Ibid.)

Safety signage – refers to any emergency, warning or danger signpost or any safety instruction using the standards colors and sizes, including the standards symbols for safety instructions and warnings ini the workplace, prescribed by the DOLE. (Section 3[o], Ibid.)

Workplace – refers to any site or location where workers need to be or to go to by reason of their work, and which are under the direct or indirect control of the employer. (Section 3[p], Ibid.)

References

Republic Act No. 11058, a.k.a. OSH Law

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