Occupational Safety and Health Std

July 26, 2017 | Author: Kirk Corales | Category: Occupational Safety And Health, Safety, Traffic Collision, Employment, Labour Law
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OCCUPATIONAL SAFETY & HEALTH STANDARDS KIRK PATRICK A. CORRALES TECHNICAL SUPERVISION & SUPPORT DIVISION DEPARTMENT OF LABOR & EMPLOYMENT R.O. X

 It has to do with the accident and its prevention. It also means freedom from harm or danger caused by accident.

 An unintended and unforeseen event caused by unsafe condition & unsafe act in any given situation, usually resulting to personal injury or property damage.

 a condition of equipment, machinery or surroundings or working environment w/c is prone to harm & danger.

 an unsafe action of persons that are caused by ignorance/neglect (deviation of safety principles).

Why do accidents occur?

Causes of Accidents

Unsafe Acts/Behavior (88%)

Unsafe Conditions (10%)

Causes of Accidents Unsafe condition – is a hazardous physical condition or circumstance which could directly permit the occurrence of an accident .

Ex. - inadequate signs and warning system - defective tools/unguarded machine - layout that creates obstruction -excessive noise - slippery floor - poor illumination/ventilation - extreme temperature

 TO THE EMPLOYEE: 1) 2) 3) 4)

Disability Loss of earning capacity Psychological effects (Mental & Physical) Change in social life

 TO THE EMPLOYER: 1) Decreased of productivity or down time 2) Damage to property 3) Lost of company image



The more accidents take place in a facility, the higher the company’s expenses (insurance premiums, medical treatment, compensation). “ The higher a company expenses, the lower the

profit on each product unit sold.”  Accident prevention & efficient production go together. Production is higher & quality is better when accident is prevented.

 PROVIDES US ECONOMIC STABILITY > conserves our resources > increase productivity & profitability > improve quality

 A SOCIAL OBLIGATIONS OF EVERYONE  A LEGAL RESPONSIBILITY OF THE EMPLOYER

COST of ACCIDENTS This “iceberg” demonstrates the relationship between direct and indirect costs or accidents. On the average, Direct Costs

• Medical Costs • Compensation/Indemnity

indirect costs exceed direct costs by a 4:1 ratio.

Indirect Costs • Spoiled Product • Lost Time By: Injured • Unhappy customers fellow Worker • Cleanup Time Supervisor • Schedule Delays

• Training New Employees

• Overhead Costs • Legal Fees • Increase in Insurance Cost

(BUREAU OF WORKING CONDITIONS)

Progress of OSH Legislations in the Philippines 1903- development of OSH in the Philippines 1908- Employer’s Liability Act was instituted requiring employers to compensate workers who were injured while performing their job 1908 – Bureau of Labor was created. 1927 - Workmen’s Compensation Act No. 3428 was passed providing payment of damages by the employer for illnesses, in addition to injury or death due to employment 1933 - Bureau of Labor was named Department of Labor on Dec. 8, 1933.

1936- Commonwealth Act No. 104 was passed. First legislation directly enjoining management to ensure the promotion of OSH in the workplace. Known as the First Industrial Safety Law 1945- Commonwealth Act No. 696 was approved to include safety in the installation and operation of boilers and pressure vessels. 1948- Philippines became a member of ILO 1957 – Bureau of Labor Standards was created. 1959- SOPI was organized

1974- PD 442 (LCP) was passed

1975- BLS started the program on accreditation of STOs to conduct OSH training. 1977- Tripartite body was created to study the proposed OSHS 1978- OSHS was approved. Nat’l Tripartite Committee was created to continue study the improvement of the OSHS 1982 – BLS renamed as BWC

1984- Tripartite consultation was held to amend OSHS Rule 1410 (Construction Safety).

1988- OSHC was created pursuant to EO 307. First in Southeast Asia

1989- First major revision of OSHS 1996- Tripartite consultation workshop held to discuss the amendments of Rule 1030

1998- DO 13 was issued. Tripartite Council on OSH in Construction Industry was created. 1999 -ASPPI was organized.1st Gen. Assembly & Convention of DOLE Accredited Safety Professionals was held

INTRODUCTION TO OSHS

OSH LEGISLATIONS Phil. Const.

Article XIII Section 3 of Phil. Constitution The state shall afford full protection to labor, .... . They shall be entitled to security of tenure, humane conditions of work, and a living wage.

A

INTRODUCTION TO OSHS

OSH LEGISLATIONS Law

: P.D. 442, Book IV, Titles I and II

Title

: Labor Code of the Phils.

Phil. Const.

Year Passed : 1974 Labor Code.

Implementing Agency:

DOLE

Content: Revised and consolidated labor and social laws to afford full protection to labor, promote employment and human resources development and ensure industrial peace based on social justice.

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INTRODUCTION TO OSHS

OSH LEGISLATIONS Phil. Const.

Labor Code.

Article 162 – The Secretary of labor shall by appropriate order set and enforce mandatory OSH Standards to eliminate or reduce OSH hazards in all workplaces and institute new and update existing programs to ensure safe and healthful working conditions in all place of employment Article 165 - DOLE shall be solely responsible for the administration, enforcement of laws, policies and programs on OSH. Chartered cities may be allowed to conduct industrial safety inspection of establishments within their respective jurisdictions.

A

INTRODUCTION TO OSHS

OSH LEGISLATIONS Phil. Const.

Law

: Rules and Regulations

Implementing Art. 162, Book IV, Title I, P.D. 442 Labor Code.

Title

: Occupational Safety and Health Standards (OSHS)

Year Passed : 1978 Relevant Provision/s : Rule 1000 to Rule 1980

OSHS. Implementing Agency: DOLE

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Department of Labor and Employment

INTRODUCTION TO OSHS

OSH STANDARDS

WHO ARE THE ORGANIZATIONS INVOLVED IN OSH?

INTRODUCTION TO OSHS

ADMINISTATIVE ORGANIZATION FOR OSH

DOLE ECC •

Employees Compensation Commission • The ECC is responsible for initiating, rationalizing and coordinating the policies on employees compensation programs as well as deciding appealed cases from the GSIS and SSS, the agencies which initially administer the employee’s compensation program in the public and private sector.

INTRODUCTION TO OSHS

ADMINISTRATIVE ORGANIZATION FOR OSH

DOLE ECC OSHC

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Occupational Safety and Health Center • Undertakes continuing studies and researches on OSH • Plans, develops and implements training programs on OSH Undertakes practical testing for safe use and sets standard specifications of PPEs • Monitor workers’ exposure to hazardous substance and environmental conditions.

INTRODUCTION TO OSHS

ADMINISTRATIVE ORGANIZATION FOR OSH

DOLE ECC BWC OSHC • Bureau of Working Conditions

A

– The BWC performs primarily policy and program development and advisory functions in the administration and enforcement of laws relating to working conditions. – It oversee the implementation of standards through technical supervision of enforcement by the DOLE’s 15 Regional Offices all over the country

INTRODUCTION TO OSHS

ADMINISTRATIVE ORGANIZATION FOR OSH

DOLE • Implements laws, policies, plans, programs, projects, rules and regulations of the DOLE.

ECC BWC OSHC

RO1

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RO2

RO3

RO4

RO5

RO6

RO7

RO15

Legal Basis of the Occupational Safety and Health and Standards

Book IV, Title I – Medical, Dental and Occupational Safety

Occupational Safety and Health Standards, (OSHS)1978

INTRODUCTION TO OSHS

OSH STANDARDS A set of mandatory OSH standards which codifies all safety orders being enforced prior to its promulgation. It contains administrative requirements, general safety and health rules, technical safety regulations, and other measures to eliminate or reduce OSH hazards in the workplace.

A

Legal Basis of the Occupational Safety and Health Standards 

Article 162, Chapter II: Safety and Health Standards: The Secretary of Labor shall, by appropriate orders, set and enforce mandatory Occupational Safety and Health Standards to eliminate or reduce occupational safety and health hazards in all workplaces and institute new, and update existing programs to ensure safe and healthful working conditions in all places of employment.

INTRODUCTION TO OSHS

LEGAL BASIS OSH Standards: PURPOSE – to protect every working man against the dangers of injury, sickness or death through safe and healthful working conditions.

• SCOPE – shall apply to all places of employment except land, sea and air transportation and safety in Mines.

Occupational Safety & Health Standards Some Rules of the OSHS 1000 General Provisions 1010 1020 1030 1040 1050

Other Safety Rules Registration Training & Accreditation Health & Safety Committee Notification & Keeping of

Occupational Illnesses & Injuries 1060 Premises of Establishments 1070 Environmental Control 1080 Personal Protective Equipment

Occupational Safety & Health Standards Some OSHS Rules 1090 Hazardous Materials 1100 Gas & Electric Welding & Cutting Operations

1220 Elevators & Related Equipment

1120 Hazardous Work Processes

1230 Identification of Piping System

1140 Explosives

1240 Power Piping Lines

1150 Materials Handling & Storage

1410 Construction Safety

1160 Boiler

1420 Logging

1170 Unfired Pressure Vessels

1940 Fire Protection & Control

1180 Internal Combustion Engine*

1950 Pesticides & Fertilizers

1200 Machine Guarding 1210 Electrical Safety

1970 Fees 1980 Authority of LG 1990 Final Provisions 1960 OH Services

INTRODUCTION TO OSHS

HOW DOLE ENFORCE OSH LAWS ? • The OSH laws are enforced and monitored by the ROs through its LSED manned by labor inspectors vested with visitorial and enforcement power under Article 128. • Labor inspectors also disseminate information, advocate and give technical assistance on OSH

Technical Safety Inspection - refers to inspection for the purpose of safety determination of boilers, pressure vessels, internal combustion engines, electrical installation, elevators, hoisting equipment and other mechanical equipment.

General Health and Safety Inspection -refers to

inspection of the work environment, including the location and operation of machinery other than those covered by technical safety inspection, adequacy of work space, ventilation, lighting, conditions of work environment, handling, storage or work procedures, protection facilities and other safety and health hazards in the workplace.

OSH STANDARDS General Provisions (Rule 1000)

• Rule 1005: DUTIES OF EMPLOYER • Furnish his workers a place of employment free from hazardous conditions. • Give complete job safety instruction to all his workers. • Comply with the requirements of the Standards. • Use only approved devices and equipment in his workplace.

OSH STANDARDS General Provisions (Rule 1000)

• DUTIES OF WORKERS • Cooperate with the employer in carrying out the provisions of the Standards. • Report any work hazard in the workplace. • Make proper use of all safeguards and safety devices furnished in accordance with the provisions of OSHS for his protection and the protection of others. • Follow all instructions by the employer in compliance with the OSHS provisions

OSH STANDARDS General Provisions (Rule 1000) • DUTIES OF OTHER PERSONS •

Any person including builders or contractors, who visits, builds, innovates or installs devices in establishments or workplaces shall comply with the provision of OSHS rules and all regulations issued by the employer in compliance with the Standards and other issuances of the Secretary.

OSH STANDARDS Rule 1020 - Registration • Every employer shall register his/her business with the Regional Labor Office or authorized representative to provide the DOLE with information as guide in its enforcement activities. • free of charge • valid for the lifetime of the establishment except when there is change in name, location, ownership; opening after previous closing.

OSH STANDARDS Rule 1030 - Training and Accreditation of Personnel in OSH • The BWC either directly or through accredited organizations, shall conduct continuing training programs to increase the supply and competence of personnel qualified to carry out the provision of this Standards. • Employer to appoint a safety officer on a full-time or part-time basis depending on the type of workplace (whether hazardous or non-hazardous) and number of worker in the workplace. * Based on Department Order No. 16, series of 2001

OSH STANDARDS Rule 1030 - Training and Accreditation of Personnel in OSH • Highly Hazardous Establishments – is one where potential hazard within the company may affect the safety and/or

health of workers not only within but also persons outside the premises of the workplace. • • • •

Petrochemical works and refineries; Chemical works and chemical production plants; LPG storage and materials; Storages and distribution center for toxic/hazardous chemicals; • Large fertilizer stores; • Explosives factories; • Works in which chlorine is used in bulk. * Based on Department Order No. 16, series of 2001

OSH STANDARDS Rule 1030 - Training and Accreditation of Personnel in OSH • Duties of Safety Officer • • • • • •

Advice the employer, supervisors and workers on OSH Investigate accident Coordinate safety training program Conduct safety and health inspection Maintain accident records system Provide assistance to government agencies in the conduct of health and safety inspection, accident investigation or any other related programs

OSH STANDARDS Rule 1030 - Training and Accreditation of Personnel in OSH • A full-time safety officer must be duly accredited by the BWC. ACCREDITATION PROGRAM OF DOLE

Note: The employment of a full-time safety officer may not be required if the employer enters into a written contract with a qualified consultant or consulting organization whose duties and responsibilities shall be the duties of a safety practitioner as stated in these Rule. The employment of a consultant, however, will not excuse the employer from the required training of his supervisors or technical personnel.

Requirements for Accreditation OSH PRACTITIONER 1.

Has completed the prescribed Basic OSH training from DOLE accredited or recognized organizations.

(For Nurses - At least 50 hours of Basic Training in Occupational Nursing) (For Physician Basic Occupational Medicine)

Training

(For Safety Officer - 40 hour BOSH)

in

Requirements for Accreditation OSH PRACTITIONER

2. Has relevant experience in OSH

• Three (3) years experience if applicant is duly licensed by PRC.

• Four (4) years experience if applicant is a graduate of any 4 or 5 year college course without PRC license. • Ten (10) years experience if applicant is a college undergraduate.

OSH STANDARDS

RULE 1040 - Health and Safety Committee



is a group of employees and management that plans and develops polices in all matters pertaining to safety and health in the workplace.

OSH STANDARDS RULE 1040 - Health and Safety Committee

• Duties: • Plans and develops accident prevention program. • Directs the accident prevention efforts. • Provides necessary assistance to government inspecting authorities. • Initiates and supervises safety trainings for employees. • Develops and maintains a disaster contingency plan.

• RULE 1040 - Health and Safety Committee – Composition/Involved Persons – CHAIRPERSON : Manager or his authorized representative – MEMBERS: • Department heads, supervisors, foreman • Workers/s (if unionized, must be union members) • Company Physician, Nurse/First Aider • SECRETARY - Safety man/Safety Officer

OSH STANDARDS RULE 1040 - Health and Safety Committee

• Duties of employer: • Establishes and adopts in writing administrative policies on safety and health. • Report to the enforcing authority the policies adopted and required report requirements. • Act on recommended measures of health and safety committee and in case of non-adoption, to inform the committee of the reason.

OSH STANDARDS

RULE 1040 - Health and Safety Committee OSH RULE

Rule 1040 Health and Safety Committee

REPORT/FORM

Report of Safety Organization – (DOLE/BWC/IP-5)

Minutes of the Meeting – No form needed

WHERE TO FILE

2 copies, to be submitted to concerned RO; copy furnished the Bureau

WHEN TO FILE

- Within one (1) month after the organization - At least on quarterly basis

OSH STANDARDS RULE 1050 - Notification & Keeping of Accident and/ or Occupational Illnesses •





1053.01: Notification - All work accidents or occupational illnesses, resulting in disabling conditions or dangerous occurrences shall be reported by the employer to the Regional Labor Office. If Major work accidents results in death or permanent total disability, employer shall initially notify the Regional Labor Office within 24 hours. 1054: Keeping of Records - The employer shall maintain and keep an accident or illness record which shall be open at all times for inspection to authorized personnel.

OSH STANDARDS

RULE 1050 - Notification & Keeping of Accident and/ or Occupational Illnesses

• Provides the safety officer means for an objective evaluation of the program • Helps identify high injury rates • Provides information on accident causes which contributes to high injury rates

OSH STANDARDS RULE 1050 - Notification & Keeping of Accident and/or Occupational Illnesses OSH RULE

REPORT/FORM

WHEN TO REPORT

WHERE TO REPORT

Rule 1050 Notification and Keeping of Accidents and/or Occupational Illnesses

Work Accident Illness Report (WAIR) – (DOLE/BWC/IP-6)

-On or before the 20th day of the month following the date of occurrence of the accident

Annual Exposure Data Report (AEDR) (DOLE/BWC/IP-6b)

-On or before Jan. 20 of the following year

2 copies, to be submitted to concerned RO; copy furnished the Bureau

Fatal/major accident

Within 24 h ours

OSH STANDARDS RULE 1960 - Occupational Health Services



Every employer is required to provide in his workplace medical and dental services, emergency medicines and dental facilities.

OSH STANDARDS

OCCUPATIONAL HEALTH PERSONNEL



Refers to the qualified first aider, nurse dentist or physician, whose services have been engaged by the employer in order to provide occupational health services in the establishment.

OSH STANDARDS No. of workers 1 – 50 51 -99

100 - 199 200-600

601 - 2,000 2,001 - above

Hazardous workplace

Non-Hazardous Workplace Where the nature of work

First-aider per shift FA Medicines exposes First-aider per shift FA workers toMedicine :

Dangerous environmental First-aider per shift First-aider per shift elements, hazardous ETR contaminants, ionizing ETR PT OH Nurse 4h/d 6d/w radiation, chemicals, flammable First-aider per shift, FT nurse First-aider persubstances shift, PT doctor 4h/d 3d/w PT OH Nurse 4h/day EMC Construction, ETR mining, fire PT dentist 4h/d 3d/w fighting, stevedoring, dock First-aider per shift, FT nurse First-aider persea shift,fishing, FT nurse work, deep ETR EH mechanized farming PT doctor 4h/d, 6d/w PT doctor 4h/day, 3d/w DC PT dentist PT dentist Dangerous work First-aider per shift, FT nurse First-aider/S, FT nurse conditions EC FT doctor or 2 PT doctors EH PT doctor 4h/d, 6/w Manufacture or handling DC FT dentist PT dentist of explosives, pyrotechnic products First-aider/S, FT nurse/S First-aider/S, FT nurse/S FT doctor + PT doctor/S EH FT doctor PT doctor/S Heavy or+power driven EMC DC FT dentist FT dentist tools and/or machinery DC

OSH STANDARDS •

Emergency Hospital – An employer need not put up an emergency hospital or dental clinic if there is a hospital or dental clinic which is not more than five(5) kilometers away in urban areas and 25 minutes travel in rural areas provided contracts are entered into with the said hospital or dental clinic and that the employer provides transportation facilities.



PHYSICIAN/DENTIST shall be subject to call at any time in other shifts during emergencies.

OSH STANDARDS •

Health Program – The physician engaged by the employer, in addition to providing medical services in cases of emergency, must also perform the following: – Conduct pre-employment medical examination, free of charge, for the proper selection of workers – Conduct free of charge annual physical examination of the workers – Collaborate with safety and technical personnel in the selection and placement of workers, including investigation of work related accidents due to exposure to health hazards – Develop and implement a comprehensive health program for the employees

OSH STANDARDS

REQUIRED REPORT UNDER RULE 1960 OSH RULE Rule 1960 Occupational Health Services

REPORT/FORM Annual Medical Report - DOLE/BWC/OH-47A AMR

WHERE TO FILE

WHEN TO REPORT

2 copies submitted to On or before the concerned RO copy last day of March furnished the Bureau of the year following the covered period

INTRODUCTION TO OSHS

ACCREDITATION PROGRAM Rule 1030 - Training and Accreditation of Personnel in OSH

– Mandates the BWC to conduct training program on OSH directly or through accredited Safety Training Organization. – Require the employer to appoint a safety officer. The training course prescribed by the BWC shall be requisite for the appointment of the safety officer in the place of employment – All full-time safety officers must meet the requirement of dulyaccredited Safety Practitioner or Safety Consultants by the Bureau

INTRODUCTION TO OSHS

Requirements in the Practice of OSH Completion of the Bureau Prescribed Training Course On OSH conducted by DOLE Accredited Safety Training Organization  BWC Accreditation as OSH practitioner/consultant

INTRODUCTION TO OSHS

ACCREDITATION PROGRAM UPDATE The Bureau has accredited: •

1800 safety practitioners



175 safety consultants



20 Active Safety Training Organization



4 Testing of Construction Heavy Equipment organization

· Training of Personnel: - Every employer shall take steps to train a sufficient number of supervisors or technical personnel in occupational safety and health. No. of workers

Non-hazardous workplace

1-250

One(1) part-time safety officer

251-500

Two(2) part-time safety officers

501-750

One(1) full-time safety officer

751-1000

Two(2) full-time safety officers

Every add’l. 500 or fraction thereof

One(1) add’l. full-time safety officer

· Training of Personnel: - Every employer shall take steps to train a sufficient number of supervisors or technical personnel in occupational safety and health. No. of workers

Hazardous

Highly hazardous

1 part-time safety officer

1 full-time safety officer

51-200

1 full-time safety officer

1 FT & 1 PT safety officer

201-250

1 FT & PT safety officer

2 full-time safety officer

251-500

2 full-time safety officer

2 FT & 1 PT safety officer

1-50

Every add’l. 500 or fraction thereof Every add’l. 250 or fraction thereof

1 add’l. FT safety officer 1 add’l. FT safety officer

RULE 1040

HEALTH & SAFETY COMMITTEE 1. Organize a Health & Safety Committee. 2. Establish & adopt in writing administrative policies on safety in conformity with the provision of this Standards. 3. Report to DOLE the organization of HSC & the Safety Policy adopted. 4. Report to DOLE the minutes of meetings of the HSC at least once in every 3 months (quarterly).

OSH Standards: • RULE 1040 - Health and Safety Committee – is a group of employees and management that plans and develops polices in all matters pertaining to safety and health in the workplace.

INTRODUCTION TO OSHS OSH Standards Rule 1040- Health and Safety Committee • Duties – Plans and develops accident prevention program – Inspects workplace to detect unsafe condition – Reviews reports related to safety and health – Provides necessary assistance to government inspecting authorities – Initiates and supervises safety trainings for employees

RULE 1050

NOTIFY & KEEPING OF RECORDS OF ACCIDENTS & OCCUPATIONAL ILLNESSES 1. Notify DOLE of all work accidents/occupational illnesses resulting in disabling conditions. 2. It shall be reported on the 20th day following the date of occurrence. 3. Annual Exposure Data Report must also be reported to DOLE every January on the following year.

RULE 1960 OCCUPATIONAL HEALTH SERVICES Establish/Provide Occupational Health Services; - Occupational Health Personnel; - Medicines; - Medical supplies & equipment; & - Medical facilities Report to DOLE the company Annual Medical Report

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