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ISSUANCE AFFECTING OCCUPATIONAL SAFETY & HEALTH IN THE IT-BPM INDUSTRY

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Presentation on theme: "ISSUANCE AFFECTING OCCUPATIONAL SAFETY & HEALTH IN THE IT-BPM INDUSTRY"— Presentation transcript:

1 ISSUANCE AFFECTING OCCUPATIONAL SAFETY & HEALTH IN THE IT-BPM INDUSTRY
Jehremias M. Florante, MD, DPCOM Occupational Health Officer, Health Control Division Occupational Safety & Health Center

2 Objectives Describe the scope & components of the different OSH-related DOLE issuance that form part of the Labor Laws Compliance Checklist: Legal basis, & Core provisions of the OSHS. Discuss the key principles in the implementation of workplace policies & programs on drug-free workplace, TB, HIV & AIDS, & hepatitis B. Department of Labor and Employment Occupational Safety and Health Center

3 OSH Legislations PD 442, Book IV, Title 1
Chapter 1: Medical & Dental Services Chapter 2: Occupational Safety Department of Labor and Employment Occupational Safety and Health Center

4 OSH Legislations PD 442, Chapter II, Art. 162
The Secretary of Labor shall, by appropriate order, set & enforce mandatory OSH Standards to eliminate or reduce OSH hazards in all workplaces, & institute new & update existing programs to ensure safe & healthful working conditions in all places of employment. Department of Labor and Employment Occupational Safety and Health Center

5 OSH Legislations Art. 165: Administration & Enforcement
DOLE shall be solely responsible for the administration, enforcement of laws, policies & programs on OSH. Chartered cities may be allowed to conduct technical safety inspection of establishments within their respective jurisdiction. Before promulgation of the Standards, OSH policies are in a form of safety orders.

6 OSH Legislations Before promulgation of the Standards, OSH policies are in a form of safety orders. Book IV, Title I: Medical, Dental, & Occupational Safety Occupational Safety & Health Standards (OSHS)

7 OSH Standards A set of mandatory rules on OSH which codifies all safety orders issued prior to its promulgation Patterned after the Standards of other developed countries

8 Rules of OSHS 1000 – Gen. Provisions 1010 – Other Safety Rules 1020 – Registration 1030 – Training & Accreditation 1040 – OSH Committee 1050 – Notification & Keeping of Occupational Illnesses & Injuries 1060 – Premises of Establishments 1070 – Environmental Control 1080 – PPE 1090 – Hazardous Materials 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 Engines 1200 – Machine Guarding 1210 – Electrical Safety 1220 – Elevators & Related Equipment 1230 – Identification of Piping System 1240 – Power Piping Lines 1410 – Construction Safety 1420 – Logging 1940 – Fire Protection & Control 1950 – Pesticides & Fertilizers 1960 – OH Services 1970 – Fees 1980 – Authority of LGUs 1990 – Final Provisions

9 Rule 1005 – Duties of Employer
Furnish his workers a place of employment free from hazardous conditions. Give complete job safety instructions to all his workers. Comply with the requirements of the Standards. Use only approved devices & equipment in his workplace.

10 Rule 1005 – 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 & safety devices furnished in accordance with the provisions of OSHS for his protection & the protection of others. Follow all instructions by the employer in compliance with the OSHS provisions. A

11 Rule Registration Every employer shall register his/her business with the Regional Labor Office to provide the DOLE with information as guide in its enforcement activities. Free of charge Valid for lifetime, except when there is change in name, location, ownership, opening after previous closing. Lay-out plan, IP Form 3

12 Rule 1030 – Training & Accreditation of Personnel in OSH
The BWC, either directly or through accredited organizations, shall conduct continuing training programs to increase the supply & 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) & number of workers in the workplace. *Based on DO 16-01

13 Required Number of Safety Personnel in the Workplace (OSHS, 1978)
Number of Workers Hazardous Highly Hazardous 1-50 1 PT Safety Officer 1 FT Safety Officer 51-200 1 FT Safety Officer & 2 FT Safety Officer 2 FT Safety Officer & Every additional 500 or a fraction thereof Every additional 250 or a fraction thereof

14 Required Number of Safety Personnel in the Workplace (OSHS, 1978)
Number of Workers Non-Hazardous Workplace 1-250 1 PT Safety Officer 2 PT Safety Officers 1 FT Safety Officer 2 FT Safety Officer Every additional 500 or a fraction thereof

15 Rule 1030 – Training & Accreditation of Personnel in OSH
Duties of Safety Officer Advice the employer, supervisors, & workers on OSH; Investigate accidents; Coordinate safety training programs; Conduct OSH inspections; Maintain accident records system; & Provide assistance to government agencies in the conduct of OSH inspection, accident investigation, or any other related programs.

16 Rule 1030 – Training & Accreditation of Personnel in OSH
A full-time safety officer must be duly accredited by the DOLE. 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 & responsibilities shall be the duties of a safety practitioner as stated in this Rule. The employment of a consultant, however, will not excuse the employer from the required training of his supervisors or technical personnel.

17 Rule 1040 – OSH Committee a group of employees & management personnel which plans & develops polices in all matters pertaining to safety & health in the workplace.

18 Rule 1040 – OSH Committee Type Number of Workers Composition Chair
Members Secretary A ≥ 401 Manager or authorized rep (must be COO) 2 dep’t Heads 4 Workers Company MD Safety Officer B 1 Supervisor MD or RN 3 workers C Manager or authorized rep 1 Foreman 3 Workers RN D ≤ 100 Manager RN or First Aider

19 Duties of OSH Committee (OSHS, 1978)
Plans & develops accident prevention program Directs the accident prevention efforts. Provides necessary assistance to government inspecting authorities Initiates & supervises safety trainings for employees Develops & maintains a disaster contingency plan

20 Duties of Employer (OSHS, 1978)
Establishes & adopts in writing administrative policies on OSH. Reports to the enforcing authority the policies adopted & required report requirements. Acts on recommended measures of the OSH Committee &, in case of non-adoption, informs the committee of the reason.

21 Rule 1040 – OSH Committee OSH Rule Report/Form Where To File
When To File Rule 1040: OSH Committee Report of Safety Organization (DOLE/BWC/IP-5) Minutes of the Meeting 2 copies to be submitted to concerned RO, copy-furnished BWC Within 1 month after the organization Quarterly

22 RULE 1050 – Notification & Keeping Records of Accidents &/or Occupational Illnesses
: 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 a major work accident 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 & keep an accident or illness record which shall be open at all times for inspection by authorized personnel.

23 RULE 1050 – Notification & Keeping Records of Accidents &/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.

24 RULE 1050 – Notification & Keeping Records of Accidents &/or Occupational Illnesses
OSH Rule Report/Form Where To File When To File Rule 1050: Notification & Keeping of Accidents &/or Occupational Illnesses Work Accident/Illness Report (DOLE/BWC/IP-6) Annual Exposure Data Report (DOLE/BWC/IP-6b) Fatal/Major Accident 2 copies to be submitted to concerned RO, copy-furnished BWC On or before the 20th day of the month following the date of occurrence of the accident On or before Jan 20 of the following year Within 24 hours

25 RULE 1960 – OH Services Every employer is required to provide in his workplace medical & dental services, emergency medicines, & dental facilities.

26 OH Personnel Refers to the qualified first aider, RN, DMD, or MD, whose services have been engaged by the employer in order to provide OH services in the establishment.

27 Hazardous v Non-Hazardous Workplaces (Rule 1013, OSHS)
Hazardous workplace is where the nature of work exposes workers to: Dangerous environmental elements, hazardous contaminants, ionizing radiation, chemicals, flammable substances Construction, mining, fire fighting, stevedoring, dock work, deep sea fishing, mechanized farming Dangerous work conditions Manufacture or handling of explosives, pyrotechnic products Heavy equipment or power driven tools &/or machinery

28 Hazardous v Non-Hazardous Workplaces
Sec. 2, (c) of MC 02-98: Hazardous establishment – employee is exposed to potential risks of disabling injury, illness or death, either because of the presence of biologic agents, radiation, chemicals, substances, hazardous materials or physical hazards in the work environment, or because of the nature of the work processes performed or equipment used therein. Rule of DO 16-01: Hazardous establishment – work operations or practices performed by a worker in the establishment or workplace in conjunction with or as an incident to such operations or practices & which expose the employee or worker to hazards likely to cause disabling injury, illness, death or physical or psychological harm.

29 OH Personnel No. of Workers Hazardous Non-Hazardous 1-50
FA/shift – Medicines (51-99 – ETR) 51-99 FA/shift PT OHN, 4h/d, 6d/wk – ETR FT OHN PT MD/DMD, 4h/d, 3d/wk – EMC

30 OH Personnel No. of Workers Hazardous Non-Hazardous 200-600 FA/shift
FT OHN PT MD, 4h/d, 6d/wk PT DMD – EH & DC PT MD/DMD, 4h/d, 3d/wk – ETR FT MD or 2 PT MDs FT DMD – EH & DC PT DMD – EMC ≥ 2001 OHN/shift FT MD & PT MD/shift FT DMD – EMC & DC

31 OH Services 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 5 km. away in urban areas & 25-min. travel in rural areas provided contracts are entered into with the said hospital or dental clinic & that the employer provides transportation facilities. However, not an excuse of not maintaining in the workplace an emergency treatment room for his workers. MD/DMD shall be subject to call at any time in other shifts during emergencies.

32 OH Services OH Program – The physician engaged by the employer, in addition to providing medical services in cases of emergency, must also perform the following: Conduct PEME, free of charge, for the proper selection of workers; Conduct free of charge APE of the workers; Collaborate with safety & technical personnel in the selection & placement of workers, including investigation of work-related accidents due to exposure to health hazards; & Develop & implement a comprehensive OH program for the employees.

33 RULE 1960 – OH Services OSH Rule Report/Form Where To File
When To File Rule 1960: OH Services Annual Medical Report (DOLE/BWC/OH-47A) 2 copies to be submitted to concerned RO, copy-furnished BWC On or before the last day of March of the year following the covered period

34 Other OSHS Rules/Requirements
Rule 1070 – Occupational Health & Environmental Control The employer shall exert efforts to maintain & control the working environment in comfortable & healthy conditions for the purpose of promoting & maintaining the health of his workers. The employer shall carry out WEM where hazardous work is performed & shall keep a record of such measurement which shall be made available to the enforcing authority. WEM shall include temperature, humidity, pressure, illumination, ventilation, concentration of substances, & noise. The WEM shall be performed periodically as may be necessary but not longer than annually.

35 Other OSHS Rules/Requirements
Rule 1080 – PPE & Devices – Every employer shall at his own expense furnish his workers with protective equipment & barriers whenever necessary. – No person shall be subjected or exposed to a hazardous environmental condition without protection.

36 Summary of Administrative Rules
Notification & Keeping of Records of Accidents &/or Occupational Illnesses (Rule 1050) Occupational Health Services (Rule 1960) Registration of business (Rule 1020) Training & Accreditation of Personnel in OSH (Rule 1030) Health & Safety Committee (Rule 1040)

37 Summary of Report Requirements
Work Accident/Illness Report (WAIR) Annual Exposure Data Report (AEDR) Report of Safety Organization (RSO) Minutes of the Meetings of Health and Safety Committee Annual Medical Report (AMR)

38 DOLE Issuance ISSUANCE TITLE DO 53-03
Guidelines for the Implementation of Drug-Free Workplace Policies and Programs for the Private Sector DO 73-05 Guidelines for the Implementation of Policy and Program on Tuberculosis (TB) Prevention and Control in the Workplace DO Guidelines for the Implementation of HIV and AIDS Prevention and Control in the Workplace Program DA 05-10 Guidelines for the Implementation of a Workplace Policy and Program on Hepatitis B Department of Labor and Employment Occupational Safety and Health Center

39 DOLE Issuance TITLE SCOPE COMPONENTS
DO 53-03: Guidelines for the Implementation of a Drug-Free Workplace Policies & Programs for the Private Sector Mandatory for companies with 10 or more workers to include supply chain Advocacy, Information, Education &Training Preventive Strategies Social Policy Health Care Services Benefits & Compensation Monitoring & Enforcement DO 73-05: Guidelines for the Implementation of Policy & Program on Tuberculosis (TB) Prevention & Control in the Workplace All workplaces in the private sector including their supply chain DO : Guidelines for the Implementation of HIV & AIDS Prevention & Control in the Workplace Program DA 05-10: Guidelines for the Implementation of a Workplace Policy & Program on Hepatitis B Department of Labor and Employment Occupational Safety and Health Center

40 DOLE Issuance POLICY & PROGRAM DO 53-03 (Drugs) DO 73-05 (TB)
(HIV & AIDS) DA 05-10 (Hepatitis B) Jointly developed by management & workers / Mandatory; covers all workplaces ≥ 10 workers Advocacy, education, & training Preventive strategies Medical management (diagnosis, treatment, & referral) Social policy (non-discrimination, & work accommodation) Roles & responsibilities: Employers, Workers, SHC, & Gov’t Department of Labor and Employment Occupational Safety and Health Center

41 Formulation of workplace policy & program
Highlights of DOLE Issuance for Illnesses & Related Concerns (Drugs, TB, HIV/AIDS, Hepatitis B) Formulation of workplace policy & program Policy & program may be a separate or integrated into existing OSH policy & program of establishment. Collaboration of management & workers representatives in development & implementation of policy & program. May be included as provisions of the CBA. Department of Labor and Employment Occupational Safety and Health Center

42 Components of prevention & control of workplace policy & program
Highlights of DOLE Issuance for Illnesses & Related Concerns (Drugs, TB, HIV/AIDS, Hepatitis B) Components of prevention & control of workplace policy & program Advocacy, information, education, & training  Social policy Non-discriminatory policy & practices Confidentiality Work accommodation & arrangement Diagnosis, treatment, & referral for other services Department of Labor and Employment Occupational Safety and Health Center

43 Roles & responsibilities of employers & workers
Highlights of DOLE Issuance for Illnesses & Related Concerns (Drugs, TB, HIV/AIDS, Hepatitis B) Roles & responsibilities of employers & workers Implementation & monitoring Within the establishment, safety & health committee or its counterpart shall be tasked for this purpose. DOLE through its Regional Offices Department of Labor and Employment Occupational Safety and Health Center

44 Key Principles Recognition of the different health concerns as workplace issue Non-discrimination Healthy work environment Social dialogue Confidentiality Continuation of employment relationship Prevention Diagnosis, treatment, & referral for other services Roles & responsibilities of stakeholders Department of Labor and Employment Occupational Safety and Health Center

45 Other Relevant DOLE Issuances
DC 01-08: Policy Guidelines Governing the OSH of Workers in the Call Center Industry Workplace policy on OSH Components of OSH program Hazard & risk prevention & control Capacity-building for the members of the OSH Committee Referral & access to medical & welfare services Roles & responsibilities of the employers & workers Social policy Program implementation Department of Labor and Employment Occupational Safety and Health Center

46 Other Relevant DOLE Issuance
DO : Rules Implementing RA 10151, “An Act Allowing the Employment of Night Workers Thereby Repealing Art. 130 & 131 of PD 442, as Amended, otherwise known as the Labor Code of the Philippines” Coverage – exempted are those working in the agriculture, stock raising, fishing, maritime transport, & inland navigation Health assessment Mandatory facilities First-aid & emergency facilities as provided in Rule 1960 Lactation stations as required by RA 10028 Separate toilet facilities for men & women Eating facility with potable drinking water Facilities for transport &/or well-ventilated temporary sleeping quarters separate for men & women workers Transfer, & alternative measures to night work for pregnant & nursing employees Benefits, compensation, night work schedules, & penalties Department of Labor and Employment Occupational Safety and Health Center

47 The LLCS Checklist (DO 131-13, as amended)
OSHS COMPLIANCE INDICATORS REMARKS Registration of establishments Rule 1020, OSHS Adequate aisles/passageways Rule 1060, OSHS; Sufficient width & height, & w/ signs & markings Good housekeeping Rule 1060, OSHS; Conditions of floors, walls, & storage rooms Emergency exits Rule 1940, OSHS; 2 per floor w/ no obstructions Materials handling & storage Rule 1150, OSHS; Appropriate labels, dotting, & storage Waste disposal system Waste receptacle & its removal; drainage system Adequate lighting Rule 1070, OSHS; In work areas, in aisles & passageways Noise pollution control Rule 1070, OSHS; Provision of appropriate PPE or isolation of work area Department of Labor and Employment Occupational Safety and Health Center

48 The LLCS Checklist (DO 131-13, as amended)
OSHS COMPLIANCE INDICATORS REMARKS Proper ventilation Rule 1070, OSHS; Provision of natural or artificial air supply Radiation exposure control Provision of appropriate PPE, examination of work area Airborne contaminant control Rule 1070, OSHS; Provision of appropriate PPE, improvement of technical process, improvement of ventilation WEM Rule 1070, OSHS PPE Rule 1080, OSHS; Provision & appropriate training Fire protection equipment/facilities Rule 1940, OSHS; Water tank, fire extinguisher, conduct of fire drill Proper machine guarding Rule 1200, OSHS; Railing or casing of moving parts Proper office spacing Rule 1060, OSHS; Between workers, & machines Department of Labor and Employment Occupational Safety and Health Center

49 The LLCS Checklist (DO 131-13, as amended)
OSHS COMPLIANCE INDICATORS REMARKS No imminent danger situation Condition that could cause death or serious physical harm Personal facilities Separate toilet Supply of potable water Washing facilities DOLE: Rule 1060, OSHS DOH: IRR on Chapter VII, PD 856, amending AO 111 s. 1991 Safety & health organization Rule 1040, OSHS; According to number of employees Safety personnel Safety officer Safety practitioner Rule 1030, OSHS; DO 16-01 Health personnel FA OHN OHP/OHD Rule 1960, OSHS Department of Labor and Employment Occupational Safety and Health Center

50 The LLCS Checklist (DO 131-13, as amended)
OSHS COMPLIANCE INDICATORS REMARKS Medical facilities Treatment room Clinic Hospital Rule 1960; OSHS Emergency medicines Rule 1960, OSHS; Table 47 Continuing training related to OSH Rule 1030, OSHS; DO 16-01 Administrative reports on safety & health Minutes of meeting of SHC Employee’s work accident/illness exposure data Annual work accident/illness exposure data Annual medical report Rule 1040, OSHS Rule 1050, OSHS; For every accident Rule 1050, OSHS; Whether or not there is an accident Rule 1050, OSHS; Health record of program & activities Registration w/ PCAB DO 13-98 Department of Labor and Employment Occupational Safety and Health Center

51 The LLCS Checklist (DO 131-13, as amended)
OSHS COMPLIANCE INDICATORS REMARKS DOLE-approved CHSP DO 13-98 Construction safety signages Construction heavy equipment testing Rule 1410, OSHS; DO 13-98 Construction heavy equipment operator, TESDA certified Construction worker’s skills certificate for critical operations DO (drug-free workplace) Written policies & programs reflecting the elements required DO (HIV & AIDS in the workplace) DA (hepatitis B in the workplace) DO (TB in the workplace) Department of Labor and Employment Occupational Safety and Health Center

52 The LLCS Checklist (DO 131-13, as amended)
OSHS COMPLIANCE INDICATORS Technical Safety REMARKS Boiler Rule 1160, OSHS; Permit to operate Pressure vessel Rule 1170, OSHS; Permit to operate Internal combustion engine Rule 1180, OSHS; Permit to operate Elevators & other related equipment Rule 1220, OSHS; Permit to operate Power piping lines inspection Rule 1240, OSHS; Permit to operate Crane & hoist equipment Rule 1410, OSHS; DO 13-98; Permit to operate Turbine Permit to operate Electrical wiring installation inspection Rule 1210, OSHS; certificate of electrical inspection Department of Labor and Employment Occupational Safety and Health Center

53 Questions? Occupational Safety and Health Center
Department of Labor and Employment Occupational Safety and Health Center

54 Technical services offered by HCD – OSHC
Blood-lead level determination Blood-cadmium level determination Blood-mercury level determination Audiometry Spirometry Department of Labor and Employment Occupational Safety and Health Center

55 Online Courses offered by OSHC
e-BOSH – with PhP3, fee Free courses: Appreciation Course on Drug-Free Workplace CHANGE for Employees CHANGE for Employers Recognition of the different health concerns as workplace issue Department of Labor and Employment Occupational Safety and Health Center

56 An ounce of PREVENTION is worth a pound of cure.
Department of Labor and Employment Occupational Safety and Health Center

57 Madamo nga Salamat han iyo pamati!
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