DOLE processing ‘safer workplace’ law implementing rules
Republic Act (RA) 11058 or the Occupational Safety and Health Standards (OSHS) law is a landmark legislation aimed at the full well-being of the workers
August 23, 2018
Featured image (Menarco Tower) photographed by Ed Simon
The Department of Labor and Employment (DOLE) is now in the process of crafting the Implementing Rules and Regulations (IRR) of Republic Act (RA) 11058 or the Occupational Safety and Health Standards (OSHS) law.
“With this, we look forward to its full compliance after we have crafted its Implementing Rules and Regulations (IRR) in the next 90 days,” DOLE acting Secretary Joel Maglunsod said during press briefing on Wednesday.
At the same time, the DOLE acting chief lauded the signing of the new law by President Rodrigo Duterte last week since “the country will now have a comprehensive legislation on occupational safety and health standards.”
“This augurs well for the DOLE as it continues to ensure that labor standards and occupational safety and health are upheld at all times in workplaces. We had earnestly shepherd and pushed for the enactment of this law, this is why we are grateful to Congress and the President,” he said.
“This is a landmark legislation aimed at the full well-being of our workers. This administration will continue to exert all efforts for the protection of the rights of workers to safe and healthful workplaces, and the promotion of their welfare,” Maglunsod added.
RA 11058 covers all establishments, projects, and sites including those in the ecozones. It stipulates the duties and rights of employers and workers. It guarantees workers the following: the right to refuse to unsafe work; right to report accidents and the right to personal protective equipment.
The law also requires: safety signage and devices, safety in the use of equipment, OSH information, program and committee, safety officer, occupational health personnel and facilities and OSH report and trainings.
Likewise, it imposes a fine of PHP100,000 a day until the violation has been corrected.
“The law further mandates the solidarity liability of the employers and contractors. It imposes an administrative fine of not exceeding PHP100,000 for willful failure or refusal to comply with the set standards and compliance order,” Maglunsod said.
On the other hand, Labor Assistant Secretary Benjo Benavides said that the fine will be returned to workers through funding for training and other occupation health initiatives.
“Sa DOLE mapupunta (ang fines) pwede gamitin (The fines will go to the DOLE and will be used) for the training and other occupation health initiatives. Ibabalik din namin ‘yun sa (We will return it to the) workers. Sa ngayon, walang ganun so ngayon nag-aantay lang kami, magre-request kami sa (For now, it isn’t like that so we are just waiting. We will request to the) Department of Budget and Management kung kailangan ‘yung pera (the need for funds) for training and other (purposes),” he said.
The DOLE official noted that the law covers all workers, regardless of employment status. “We don’t discriminate. Regular or non-regular, they are all entitled doon sa karapatan sa malinis at safe na paggawa (to the right to a clean and safe labor condition),” he added.