Rules and Regulations Implementing Executive

8/12/2019 Rules and Regulations Implementing Executive

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RULES AND REGULATIONS IMPLEMENTING EXECUTIVE ORDER NO. 307ESTABLISHING AN OCCUPATIONAL SAFETY AND HEALTH CENTER IN THE

EMPLOYEES' COMPENSATION COMMISSION

STATEMENT OF AUTHORITY

These Implementing Rules and Regulations are issued pursuant to the authority ofthe Employees Compensation Commission (ECC) under Section 8 of ExecutiveOrder o! "#$ esta%lishing the Occupational Safety and &ealth Center (OS&C)!

RULE IDECLARATION OF POLICY

Secti! ". It i# t$e %ec&(e% )&ic* + t$e C,,i##i! t-

'! upgrade the capa%ility of overnment to prevent eliminate or reduce *or+,

related in-uries illnesses and deaths. this is to contain economic losses interms of man,hours destruction of property and expenditure for employee/scompensation as *ell as social cost related to the suffering of victims ofindustrial accidents or out%rea+s of occupational diseases and their families.

0! implement effectively occupational health and safety programs that *illpromote the health efficiency and general *ell,%eing of the 1ilipino *or+ersthrough the improvement of the 2uality of his *or+ing life that *ill enhancesignificantly the productivity of industries and %usiness all %eing critical factorsin the attainment of national development goals and at the same time. and

"! maintain an expert intelligence and training center for industrial disease andoccupational safety that *ill provide the operational frame*or+ and

mechanisms for the achievement of the o%-ectives set forth in E!O! "#$ 3!4!505 as amended the 6a%or Code of the 3hilippines as amended and otherrelated legislations!

RULE II

DEFINITION OF TERMS

Secti! . De+i!iti! + Te(,# / T$e te(,# # #e% i! t$e#e R&e# #$&& $1et$e +&&2i! ,e!i!#-

'! B(% 7 refers to the overning oard of the Employees/ Compensation

Commission.0! Ce!te(7 refers to the Occupational Safety and &ealth Center (OS&C).

"! C&ie!t7 refers to *or+ers companies pu%lic or private offices trade unionsand *or+ers/ organi9ations or any organi9ations:communities re2uesting foror re2uiring technical assistance from the OS&C. it includes internal clients*hich refers to the 4O6E %ureaus and agencies and other sta+eholders suchas government organi9ations non,government organi9ations professionalorgani9ations and the academe.

;! DOLE7 refers to the 4epartment of 6a%or and Employment


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5! E,)&*ee# C,)e!#ti! C,,i##i! 4ECC56an attached agency of the4O6E esta%lished through 34 505 mandated to promote and develop a tax,

exempt employees/ compensation program *here%y employees and theirdependents in the event of *or+,connected disa%ility or death may promptlysecure ade2uate income %enefits and medical or related %enefits!

$! I!%#t(i& H*ie!e7 is the science and art of anticipation recognitionevaluation and control of physical chemical %iological and ergonomicha9ards or stressors arising in or from the *or+place *hich may cause harmor induce discomfort or adverse health effects to *or+ers or mem%ers of thecommunity! (1undamentals of Industrial &ygiene '==5)

8! IRR7 refers to the Implementing Rules and Regulations of EO "#$

=! Occ)ti!& S+et* !% He&t$ 4OSH57 is defined as the a) promotion andmaintenance of the highest degree of physical mental and social *ell,%eingof *or+ers in all occupations. %) prevention among its *or+ers of anydepartures from health caused %y their *or+ing conditions. c) protectionamong *or+ers in their employment from ris+s usually from factors adverse tohealth and d) placing and maintenance of the *or+er in an occupationalenvironment adapted to his:her physiological a%ility!

'#! (8e(7 any mem%er of the la%or force *hether employed or unemployed*age or non,*age!

''! (8)&ce , refers to the office premises or *or+site *here a *or+er is

temporary or ha%itually assigned! >here there is a no fixed or definite*or+place the term shall include the place *here the *or+er actuallyperforms regular *or+ or *here he regularly reports to render service or tota+e an assignment!

'0! Tec$!ic& Gi%e&i!e#7 refer to an instrument for improving safety andhealth in the *or+place! They refer to the materials of mechanical or scientificnature issued for the purpose of advice as %asis for policies and actions onOS& matters! 4eveloped through consultation *ith the sta+eholders theyprovide procedures for clarifying and implementing existing regulations la*sand standards!

RULE IIIFUNCTIONS OF THE OCCUPATIONAL SAFETY AND HEALTH CENTER

The OS&C is esta%lished in the Employees Compensation Commission!Secti! 3. C1e(e + Se(1ice#The services of the Occupational Safety and &ealth Center (OS&C) shall cover thepreventive (primary secondary tertiary prevention) aspects of occupational safety

and health in every *or+place pu%lic or private!


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The Center shall serve as the authority on Occupational Safety and &ealth in theareas of research training and information dissemination and technical services!

Secti! 9. Re#e(c$The Center shall underta+e studies and researches on all aspects of occupationalsafety and health! It shall focus on studies?

'! to prevent and reduce occupational and *or+,related in-uries and illnesses.0! to continuously revie* and support the updating of the list of occupational

illnesses as prescri%ed in 34 505 Employees/ Compensation and StateInsurance 1und. and

"! to aid standard setting and enforcement of OS& Standards!

Relative to its research functions the Center through its technical personnel shall

have access to employers/ premises and records to study any fact condition ormatter *hich may %e necessary in pursuance of said research activities! Suchresearches shall not %e the %asis of any action against any individual employer or*or+ers and shall %e su%-ect to the confidentiality of trade secrets under Rule '##5 ofthe Occupational Safety and &ealth Standards!Secti! :. T(i!i!The Center shall %uild and strengthen a pool of capa%le trainers in OS& nation*idein partnership *ith sta+eholders and shall ta+e the lead in developing a trainingagenda in consultation *ith its partners and sta+eholders!

The Center shall focus its efforts on planning developing and implementingcomprehensive and gender sensitive training programs in the field of occupationalsafety and health!Secti! ;. C&e(i! H#e + I!+(,ti!The Center shall serve as the clearing house of information and innovative methodstechni2ues and approaches in dealing *ith occupational safety and health pro%lems!It shall develop mechanisms for information dissemination and exchange to *or+ersemployers general pu%lic and sta+eholders through mass media electronic mediaand other forms of dissemination such as pu%lications conferences or consultations!It shall develop and strengthen a speciali9ed li%rary on OS& to serve %oth the

Center/s staff as *ell as clients/ mem%ers and sta+eholders! The OS&C shallfunction as the CIS Center of the I6O in the 3hilippines!Information on OS& *ill range from prevention through *or+place and communityefforts. to early detection through prompt and effective interventions and to measuresthat reduce accidents illnesses and impairments among others!Secti! 7. Tec$!ic& Se(1ice#The Center/s expertise shall %e extended to the *or+ers pu%lic and private sectorstrade unions and other *or+ers/ organi9ations and to other government and non,governmental institutions! It shall render technical assistance and advice asre2uested %y client:s in connection *ith specific OS& pro%lems:issues! It shall pro,


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actively provide technical assistance in cooperation *ith the la%or inspectors in casesof imminent danger accidents affecting %oth *or+ers and the community!The technical services may include the follo*ing?medical surveillanceoccupational health examinationshealth ha9ard evaluation*or+ environment measurementssafety auditdevelopment and issuance of technical guidelinestesting of 3ersonal 3rotective E2uipmentevaluation of ventilation systems.formulation of policies and programs on OS&

RULE IVFUNCTIONAL RELATIONSHIPS

Secti! . Tec$!ic& C!ce(!# =et2ee! OSHC !% ECC Sec(et(it

The Center shall provide expertise to ECC on safety and health matters forexample?

'! assist the ECC in the revie* and formulation of its policies and programs.0! assist in the continuing revie* and updating of the list of compensa%le

diseases.

"! underta+e studies and researches especially relating to the esta%lishment ofcausal connection %et*een diseases and occupations. and the developmentof medical criteria in determining the nature and extent of impairment ordiminution of health functional capacity or life expectancy of the employeesas a result of their *or+ and *or+ing conditions and on such other topics asthe ECC may as+ it to underta+e. and

;! provide any and all technical assistance that the ECC may re2uest from it!

Secti! "0. F!cti!& (e&ti!#$i)# =et2ee! OSHC !% B(e + (8i!C!%iti!# 4BC5

The Center and the >C shall coordinate *or+ in the follo*ing areas?'! conducting continuing programs to increase the supply of 2ualified personnel

and enhance their competence in monitoring the provisions of the OS&Standards.

0! planning developing and implementing training programs in the field of OS&for the private sector and government agencies! The Center shall providetechnical assistance in the development of prescri%ed training modules andcore competencies on OS& under the amended Rule '#"# s!0##'.

"! formulating the re2uired training programs incorporating up,to,date OS&practices and technologies.


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;! revie*ing and updating OS& standards.

5! identifying research agenda necessary to support the implementation and the

revie* of Occupational Safety and &ealth Standards (OS&S) and ne*policies on safety and health at *or+!

Secti! "". F!cti!& (e&ti!#$i)# =et2ee! OSHC !% DOLE Rei!&O++ice#

The Center shall coordinate the implementation of its functions *ith 4O6ERegional Offices?

'! In capa%ility %uilding of la%or inspectors in speciali9ed OS& topics.0! In providing technical assistance in aid of enforcement revie* of

national:international instruments. and

"! In assisting program development implementation monitoring andevaluation!

RULE V

LIN?AGESSecti! ". Li!8e# =et2ee! OSHC !% t$e( G1e(!,e!t O(!i@ti! 4GO56N!G1e(!,e!t O(!i@ti! 4NGO5 !% #t8e$&%e(#

The Center shall assist and expand colla%orative partnerships *ith overnmentagencies la%or and employer groups Os and other sta+eholders in the area ofresearch training information dissemination technical services and in theformulation of rules and regulations!

RULE VIGOVERNING BOARD

Secti! "3. P2e(# !% F!cti!# + t$e B(%

In addition to its %asic responsi%ility as the overning oard of the Center theoverning oard of the Employees/ Compensation Commission shall?

'! initiate policies and programs to*ards ade2uate occupational health andsafety and accident prevention in the *or+ing environment.

0! adopt annually a %udget of expenditures of the Commission and its staffchargea%le against the State Insurance 1und.

"! provide policy directions and advice in the exercise of all the functions andpo*ers necessary to attain the purposes and o%-ectives of the EO "#$ thrustrategic planning %oard decisions recommendations and instructions.

;! address policy and program directions governing the vulnera%le sector *hoare not covered %y the regular %udget.


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5! appoint the technical staff and other personnel of the Center.

$! assess and fix the rate of dues charges or fees for the use of the Center/s

premises facilities services and other fees and charges related to theactivities of the Center as *ell as determine the uses %y *hich the fundsaccumulated from such shall %e used. and

8! approve monetary grants and %enefits in addition to entitlements authori9ed%y the 4epartment of udget and @anagement and:or the Office of the3resident!

Secti! "9. Meeti!#The overning oard shall meet at least once a month to effectively carry out its

duties and responsi%ilities under EO "#$! Special meetings may %e convened*henever necessary!

RULE VIIDUTIES OF THE EXECUTIVE DIRECTOR

Secti! ":. Dtie# + t$e Eecti1e Di(ect(Ander the direct supervision of the Employees/ Compensation Commission theExecutive 4irector *ho also serves as an ex,officio non,voting mem%er of the oardshall carry out the follo*ing duties! &e:She shall?

'! render technical advice to the Secretary of 6a%or and Employment and theoard on matters pertaining to occupational safety and health.

0! execute policies and programs approved %y the oard.

"! ensure the smooth conduct of operations and management functions of theCenter.

;! promote and strengthen the role of the OS&C as a national clearing house onoccupational safety and health concerns.

annual *or+ program of the OS&C.

5! tap external donor assistance to support programs and services for clients notcovered %y the State Insurance 1und.

$! recommend the appointment of personnel and technical staff to the oard.

8! su%mit periodic reports to the overning oard on the status of the Center/sprogram implementation. and

=! perform such other functions as provided %y la* and as may %e directed %ythe oard!

RULE VIII


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MISCELLANEOUS PROVISIONS

Secti! ";. Ree#t +( Tec$!ic& A##i#t!ceRe2uests for technical assistance shall %e in *riting except in cases of imminentdanger *here non,*ritten re2uest *ould suffice!The Center shall contact and *or+ *ith the Regional Offices as appropriate *henrendering technical assistance to re2uesting companies conducted outside of theCenter/s office premises!1indings recommendations and services shall %e given to the authori9ed re2uestingclient(s) *ithin the shortest possi%le time! 1or imminent danger results shall %e givenimmediately to re2uesting clients!Secti! "7. Se)(=i&it* Ce

If any provision of the Executive Order and these Rules is held invalid orunconstitutional any other provision not so affected shall continue to %e valid andeffective!Secti! "


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DR. DULCE P. ESTRELLAGUSTExecutive 4irectorOccupational Safety and &ealth Center

A!!e I

GLOSSARY OF TERMS

'! Clearing House of Occupational Safety and Health Information7 refers tothe central office for collection and dissemination of OS& information!

0! Ergonomic Hazards , include improperly designed tools or *or+ areasimproper lifting or reaching poor visual conditions or repeated motions in ana*+*ard positions *hich can result in accidents or illnesses in the *or+place.(1undamentals of Industrial &ygiene '=88)!

"! Hazardous equipment7 refers to plant e2uipment *hich %y their very naturehave the potential of causing severe or fatal in-ury to the *or+er or operatori!e! %oiler and pressure vessels crane and other lifting e2uipment pressmachines *ood*or+ing machines and other similar e2uipment!

;! Hazardous work processes7 refer to *or+ operations or practicesperformed %y a *or+er in the esta%lishment or *or+place in con-unction *ithor as an incident to such operations or practices and *hich expose theemployees to ha9ards li+ely to cause any disa%ling in-ury illness death orphysical or psychological harm. (@C!0 S!'==8)!

5! Health Hazard Evaluation7 means the investigation and determination ofpotentially toxic or ha9ardous effects of any su%stance normally used or foundin any place of employment to *hich the OS& Standards is applica%le or anysu%stance and physical agent normally used or found in any place ofemployment to *hich the OS&S is applica%le! It *ill also include investigationof toxic su%stances and physical ha9ards not yet included in the OS&S!

$! Imminent anger , refers to a condition or practice in any *or+place that

could reasona%ly %e expected to cause death or serious physical harm %eforea%atement until the enforcement procedures can %e accomplished.

8! Occupational Hazards, refers to various environmental factors or stressesthat can cause sic+ness impaired health or significant discomfort in *or+ersand can %e classified as chemical physical %iological or ergonomic!

=! Occupational Health Surveillance7 the continuous systematic use ofroutinely collected health data to guide OS& decisions and actions!

'#! OSH !rainings, are interventions conducted to facilitate learning onoccupational safety and health the results of *hich can contri%ute to the

attainment of %etter and improved OS& conditions!


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''! "ersonal "rotective Equipment #""E$7 refers to devices *orn %y *or+ersto protect them against ha9ards in the *or+ environment including %ut notlimited to safety helmet safety spectacles face shields ear plugs:muffsrespirators chemical gloves safety %elt:harness *or+ing clothes safetyshoes!

'0! "rimary "revention "rogram on OSH, is the promotion of health %ypersonal *or+place and community,*ide efforts! This includes the preventivestrategies such as advocacy information dissemination capa%ility %uildingthrough training research and interventions on *or+place improvements.

'"! Safety device7 refers to mechanical electrical hydraulic or other device*hich prevent or restricts the dangerous or harmful influence on a person thatcan %e caused %y the machinery the processed materials and theirsurroundings!

';! Secondary "revention program on OSH , are the measures availa%le toindividuals and populations for the early detection and prompt and effective

intervention to correct illnesses and accidents.

'

'5! !echnical Services7 refer to occupational safety and health servicesextended to *or+places such as %ut not limited to health examinations safetyaudits *or+ environment measurement testing of personal protectivee2uipment environment assessments as these relate to *or+ conditions and

procedures!

'$! !hreshold %imit &alue7 refers to the 3hilippine Occupational Safety and&ealth Standards set for air%orne concentrations of su%stances andrepresents conditions under *hich *or+ers may %e repeatedly exposed for an8,hours *or+day at a total of ;8 hours per *ee+ *ithout adverse healtheffects. (OS&S)!

'8! 'ork Environment (easurement7 shall mean sampling and analysiscarried out in respect of the atmospheric *or+ing environment and otherfundamental elements of *or+ing environment for the purpose of determiningactual conditions therein. (OS&S)!

Rules and Regulations Implementing Executive

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