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Progress of OSH Legislation in the Philippines 1903 - Development of OSH in the Phil 1908 - Employers Liability Act was

instituted requiring employer to compensate workers who were injured while performing their job; Bureau of Labor was created. 1927 - Workmens compensation Act No.3428 was passed providing payment of damages by the employer for illness, in addition to injury or death due to employment. 1933 - Bureau of Labor was named Department of Labor on December 8, 1933. 1936 - Commonwealth Act No. 104 was passed First legislation directly enjoying 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 - Philippine became a member of ILO 1954 - Enactment of RA No. 1054 (Free Emergency Medical and Dental Treatment Act) 1957 - Bureau of Labor Standards was created. 1959 - SOPI was organized. 1967 - Proclamation No. 115-A was issued declaring the year and every year thereafter as the SAFETY AND ACCIDENT PREVENTION YEAR. Jan Gen. Orientation Feb Air Transportation Mar Fire Prevention Apr Vacation Hazard May Land Transportation Jun Sea Transportation Jul Schools Aug Farms Sep Health and Sanitation Oct Industry and Commerce Nov Mines Dec Holiday Hazards and Homes 1974 - PD 442(LCP) was passed. 1975 - BLS started the program on accreditation of STO to conduct OSH training. 1977 - Tripartite Body was created to study the proposed OSH. 1978 - OSHS was approved. National Tripartite Committee was created to continue to study the improvement of the OSH. 1982 - BLS renamed as BWC. 1984 - Tripartite Consultation was held to amend OSHS rule 1410 (Construction Safety) 1988 - OSHS 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; passed MC No. 2 series of 1998, guidelines for classifying hazardous and nonhazardous workplaces. 1999 - ASPPI was organized. First general assembly and convention of DOLE accredited safety professionals was held. 1

2000 - MC No. 01 S2000, guidelines for the conduct of WEA MC No. 02 S2000, guidelines in the application of workplace components of RA 8504 known as Philippine Aid Prevention and Control Act of 1998. 2001 - Approved amendments to rules 1030, 1160, 1170, and 1180 of OSHS. 2002 - First meeting/gathering of DOLE-BWC accredited safety training and testing organization; Department of Order (DO) 53-03, S2003 implementation of drug free workplace policies and procedures for the private sectors. 2003 - Organization of ATOP Incorporated for OSH renamed as the ASHTOP Inc. in 2004. 2004 - Department Order (DO) 57-04, S2004 (New Labor Standards Enforcement Framework) was issued. 1. 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 regulations and other measures to eliminate or reduce OSH hazards in the workplace. Purpose to protect every working man against the dangers or injury, sickness or death through safety and healthful working conditions. Scope shall apply to all places of employment except land, sea and air transportation and safety in mines. OSHS Rules: 1000 Gen Provision 1010 Other Safety Rules 1020 Registration 1030 Training and Accreditation 1040 Health and Safety Committee 1050 Notification and keeping of Occupational Illness and Injuries 1060 Premises of Establishments 1070 Environmental Control 1080 Personal Protective Equipment 1090 Hazardous Material 1100 Gas & Electric Welding & Cutting Operations 1120 Hazardous Work Processes 1140 Explosives 1150 Materials Handling & Storage 1160 Boiler 1170 Unfired Pressure vessels 1180 Internal Combustion Engine 1200 Machine Guarding 1210 Electrical Safety 1220 Elevators & Related Equipments 1230 Identification of Piping System 1240 Proper Piping Lines 2

1410 Construction Safety 1420 Logging 1940 Fire Protection & Control 1950 Pesticides & Fertilizers 1960 Oil Services 1970 Fees 1980 Authority of LG 1990 Final Provision 2. Different Organizations related to OSH ECC (Employment Compensation Commission) 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 employees compensation program in the public and private sector. OSHC undertakes continuing studies and researches on OSH. Plans, develops and implements training programs on OSH. It undertakes practical testing for safety use and sets standards specifications of PPEs. BWC (Bureau of Working Conditions) performs primarily policy and program development and advisory functions in the administration and enforcement of laws relating to working conditions. 3. How DOLE enforce OSH Laws The OSH laws are enforced and monitored by Regional Offices 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. 4. Agencies involved in Construction Health and Safety Laws DOLE a. BWC (Bureau of Working Conditions) - performs primarily policy formulation and program development and advisory functions in the administration and enforcement of laws relation to working conditions. b. DOLE-Regional Office - enforce laws, policies, plans, programs, projects rules and regulations of the Department of Labor Standards and Working Conditions and exercise the visitorial power through Labor Standards Enforcement Divisions, pursuant to Article 128 of the Labor Code as amended. c. Employees Compensation Commission - initiates, rationalize and coordinate policies on employees compensation programs as well as deciding appealed cases from the Government Service Insurance System and SS Services, the agencies which initially administer the employees compensation program. d. OSHC - plans, develop and implement training programs. It undertakes continuing studies and researches on OSH. e. TESDA (Technical Education Skills development Authority) - supervision in the development and implementation of the Skills and Equipment Standards Certification System. 3

2. DTI a. Construction Industry Authority of the Phil. - mandates to promote accelerate and regulate the growth of the construction industry. Implements block listing proceedings pursuant to Section 5.2b3 of the Revised Uniform Guidelines for Block Listing constructors involved in Public Construction in case of the failure of all the constructors to comply with DO13, Labor Standard Laws including the OSHS. b. CMDF (Construction Manpower Development Foundation) - serves as the manpower development board for Phil construction and its allied industries. c. PCAB (Philippine Contractors Accreditation Board) - the board is vested with authority to issue, suspend and revoked license of contractors, investigate such violation of this act and the regulations there under as may come to reach knowledge and for this purpose issue subpoena and subpoena duces tecum to secure appearance of witnesses in connection with the changes presented to the Board and to discharge such other powers and duties affecting the Construction Industry in the Phil. 3. DOH-the Non-Communicable Disease Control Office - responsible in the formulation and implementation of Chapter VII of the Code on Sanitation of the Phil (PD No. 856) among the others, which provides rules and regulations on industrial and other sanitary requirements. 4. DPWH OBO - responsible in the administration and enforcement of PD1096 (National Bldg Code and Rules and Regulation) including the imposition of penalties for administrative violators. 5. DILG Bureau of Fire Protection - responsible of the implementation of the provisions of Presidential Decree 1185 otherwise known as the fire code of the Phil which provide standards, rules and regulations of fire safety, prevention, protection and control/suppression. 6. DENR EMB - responsible in the issuance of Environmental Compliance Certificate prior to construction activities. 7. CITC (Construction Industry Tripartite Council) - the advisory and oversight functions un the formulation and implementation of laws, policies and issuance pertaining to working conditions, health and safety in the construction industry. 5. 2 Types of OSH inspection Technical Safety Inspection the inspection for the purpose of safety determination of boilers, pressure vessels, internal combustion engines, electrical installations, elevators, hoisting equipment and other mechanical equipment. General Safety & Health Inspection refers to inspection of work environment, adequacy of work a peace, ventilation, lighting, handling storage or work procedures, protection facilities, location and operation of machinery other than those covered by technical safety inspection and other safety and health hazards in the workplace. 4

6. Safety & Health in Construction Rule 1210 of the OSHS and DO 13, series 1998 provide requirements for keeping and maintaining a safe worksite. 7. Accreditation Program Pursuant to Rule 1030 for the occupational safety and health standard Rule 103 (Training and Accreditation of Personnel in OSH) a. Mandates the BWC to conduct training program on OSH directly through accredited safety training organization. b. Require the employer to appoint a safety officer. The training course prescribed by the BWC and shall be requisite for the appointment of the safety officer in the place of employment. c. All full-time safety officers must meet the requirements of duly accredited Safety Practitioner or Safety Consultant by the Bureau. 8. Requirement in the Practice of OSH a. Completion of the Bureau Prescribed Training course on OSH conducted by DOLE accredited Safety Training Organization. b. BWC accreditation as OSH practitioner/consultant. 9. Legal Bases a. Article 165, Chapter 2, Title I of Book IV of PD42 otherwise known as the labor code of the Phil, as amended provides that The DOLE shall be solely responsible for the administration and enforcement of occupational safety and health laws, regulations and standards in all establishments and workplaces wherever they may be located. b. Article 162 of the Labor Code of the Phil, provides that, The Secretary of Labor and Employment shall by appropriate order 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 safety and healthful working condition in all places of employment. c. Department Order No.13, series of 1998, guidelines Governing Occupational Safety and Health in the construction industry. d. Section 10, DO No.13, safety on construction heavy equipment. e. Department Order No.16, series of 2001 mandates that, the Bureau of Working Conditions, either directly or through accredited training organizations shall conduct continuing programs to increase the supply and competence of personnel qualified to carry out the provisions of standards. f. Section 6.6.2, DO No.19, series of 1993, mandates that, the Department through the Regional Offices shall strictly enforce the Occupational Safety and Health Standards, as amended particularly Rule 1005 on Duties of Employers, Workers and other persons and Rule 1410 on construction safety. Through the BWC, the Department may issue a code of practice on Occupational Safety and Health for construction industry. 5

g. OSHS, otherwise known as the Implementing Guidelines of the Article 162 of the Labor Code of the Phil. h. Article 128 and 129 of the Labor Code of the Phil. i. DO 57-04, guidelines on the implementation of the Labor Standards Enforcement Framework Series of 2004. Safety Engineering - is an applied science strongly related to systems engineering and the subset system safety engineering. - is a field that focuses on preventing accidents and lessening opportunities for human error in the engineered environment or in engineering designs. Safety Management - is an integral part of an organizations responsibilities as it displays the companys commitment to the welfare of its employees. - is a function that enhances company performance by predicting operational, procedural or environmental risks and threads before they occur. Health and Safety Management - is organized efforts and procedures for identifying workplace hazards and reducing accident and exposure to harmful situations and substances. The Role of the Safety Engineer - is responsible for keeping people away from risk, danger or injury in the workplace. - is to develop safety programs to minimize losses because of the property damage and injuries. The difference between safety engineering and safety management - The difference between safety engineering and safety management is essentially the same as the difference between engineering and management. However, engineering is the application of technical. Scientific and mathematical knowledge to design, operate and maintain structures, machines, devices, systems and processes. Management is, at its core, the process of getting people together to accomplished desired goals and objectives as a team. Health and Safety Engineering - is the type of engineering discipline that focuses upon health and safety with in the workplaces.

10. Definition of Terms (Section One) 1. Accredited Organization refers any organization duly accredited by the DOLE which pursuant to rule 1030, delegated or authorized to perform functions related to the improvement to occupational safety and health such as training, testing certification, safety and health audit or any other similar activity. 2. Certified First Aider refers to any person as defined in the Rule 1960 of the Occupational Safety and Health Standards, trained and duly codified or qualified to administer first aid by the Phil National Red Cross or by any organization accredited by the same. 6

3. Construction Project Manager or Consultant refers to any person or entity is hired by the project owner, to act in the owners behalf concerning the supervision and monitoring of all matters related to the overall execution of construction project. 4. Construction Safety and Health Committee refers to the genera safety and health committee for a construction project site that shall be the overall coordinator in implementing OSH programs. 5. Construction Safety and Health Officer refers to the safety personnel or any employee/worker trained and in addition to their regular duties and responsible tasks by his employer to implement occupational safety and health programs in accordance with the provisions of the OSHS. 6. Consultant any individual, partnership, corporation or other business entity utilized by the authority as an independent contractor to provide engineering design, construction management, technical support, testing or other related services. 7. Contract the written agreement by and between the authority and contractor. 8. Contracting Officer an individual with formally delegated written authorization to commit the authority by entering into contracts and other contractual instruments such as modifications, task, orders delivery orders, purchase orders and blanket purchase orders. 9. Contractors Project Manager the contractor senior management employee for given project or task that has the overall responsibility to see that the work or job is satisfactorily completed. 10. Contractors Safety Engineer a full time on site safety professional with a minimum of five years experienced hires by the contractor to manage only the safety efforts, 11. Contractor Safety Manager a full time on site safety professional with a minimum of five years experiences in managing safety program on large contraction projects comparable to this contract in scope and complexity. 12. Fire Marshal the authority official within the office of public safety responsible for the fire safety of all facilities and operations both city and municipality. 13. Occupational Safety and Health Administration the agency responsible for providing the rules and regulations on safety and health requirements in the workplace. 14. Office of Public Safety the authority office responsible for fire and police department, activities, and the overall public safety at both national and local government. 15. Program Safety Manager an employee of he authority, Program Management Consultant or designated consultant who is responsible for the day-to-day management of a Construction Safety Program. 16. Occupational Safety and Health the department of labor and industry, shall be responsible for administering and enforcing occupational safety and occupational health activities as required by the DOLE.

11.Regulation identified within the specific contract document 1. Barrels or Barricade all barriers used in the project must comply with the DOLE and other applicable regulation. 2. Caution Tape the used of caution tape for making unsafe conditions or open hazard is prohibited. 3. Egress sidewalks, building entrance, lobbies, corridors, isle or exit used by the public shall declare obstruction to permit safe egress or ingress to the public at all time. 4. Guard Rails shall provide on both sides of vehicular and pedestrian bridges, ramps, runways and platforms. 7

5. Overhead Protection sidewalk shed, canopy, catch platform and appropriate fencing shall be provided when it is necessary to maintain safety public pedestrian. 6. Perimeter Fencing temporary fencing will be provided around the perimeter will be provided around the perimeters of above ground operations adjacent to public areas except where the sidewalk shed or fencing is provided by the contractor or as required. 7. Public Areas work shall not be perform in any area occupy or in public used unless specifically permitted by the contract. 8. Signage appropriate warnings signs and instructional safety sign shall be conspicuously posted were necessary. 9. Temporary Sidewalk with Guard Rail shall be provided when a permanent sidewalk is obstructed by the contractors operation. 10. Warning Lights signs and lights shall be placed other ends of any public protection or obstruction in not over 20ft. apart along side such protection or obstruction. 12. Work Protection a. Safety Equipment two contractor shall provide personal protective equipment and other safety items which had been identified as required the construction safety program authority contract office of the public safety, DOLE and all applicable laws, recreation and orders. b. Safety Plan meets with the program safety manager in authorities and develops written safety plan. c. Safety Professionals submit bio-data or resume for the proposed safety managers or safety engineers as required in the construction safety program.

SAFETY ENGINEERING
SUMMARY

SUBMITTED BY: Irene B. Somobay BsCE-V

SUBMITTED TO:

Engr. ISIDRO P. OBLIGADO INSTRUCTOR

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