An Act Strengthening Compliance with Occupational Safety and Health Standards

Republic Act No. 11058

Declaration of Policy (Section 1):
- Affirms labor as a primary social and economic force.
- Ensures a safe and healthy workplace for all workers by enforcing occupational safety and health (OSH) standards.
- Protects workers against injury, sickness, or death through safe working conditions.
- Promotes strict, dynamic, inclusive, and gender-sensitive OSH policies and programs.

Coverage (Section 2):
- Applies to all establishments, projects, sites, including PEZA establishments, except in the public sector.
- The Secretary of Labor and Employment shall issue appropriate OSH standards based on the number of employees, nature of operations, and risk or hazard involved.

Definitions (Section 3):
- Defines terms such as certified first-aider, competency standards, covered workplaces, employer, equipment, general safety and health inspection, imminent danger, micro and small enterprises, occupational health personnel, OSH standards, safety and health audit, safety and health committee, safety and health program, safety officer, safety signage, and workplace.

Duties of Employers, Workers, and Others (Section 4):
- Employers must provide a hazard-free workplace, give safety instructions, inform workers of hazards, use approved devices and equipment, comply with OSH standards, allow worker participation in safety programs, and provide emergency measures.
- Workers must participate in ensuring OSH compliance, use safety devices, observe instructions, and report hazards.
- Visitors, builders, contractors must comply with OSH provisions.
- Collaboration is required when multiple undertakings operate in one workplace.

Workers' Rights (Sections 5-8):
- Right to be informed about workplace hazards and receive training and education on chemical, electrical, mechanical, and ergonomic safety (Section 5).
- Right to refuse unsafe work if an imminent danger situation exists and corrective actions have not been taken (Section 6).
- Right to report accidents, dangerous occurrences, and hazards (Section 7).
- Right to be provided with personal protective equipment (PPE) free of charge (Section 8).

Safety Signage and Devices, Equipment Use (Sections 9-10):
- Workplaces must have safety signage and devices to warn workers and the public of hazards (Section 9).
- Employers must comply with DOLE requirements for the use of equipment in different phases of operations (Section 10).

Occupational Safety and Health (OSH) Program (Section 12):
- Covered workplaces must have an OSH program including policies, guidelines, and information on various aspects of safety and health.
- The program must be prepared and executed by the employer in consultation with workers and submitted to DOLE for approval.

OSH Committee and Safety Officers (Sections 13-14):
- A safety and health committee composed of employer representatives, safety officers, health personnel, and worker representatives must be organized (Section 13).
- Covered workplaces must have safety officers to oversee the OSH program, monitor safety aspects, assist inspectors, and issue work stoppage orders (Section 14).

Occupational Health Personnel and Facilities, Training (Sections 15-16):
- Covered workplaces must have qualified occupational health personnel and required medical supplies, equipment, and facilities proportionate to the number of workers and risk involved (Section 15).
- Safety and health personnel, workers, and personnel engaged in specific activities must undergo mandatory training (Section 16).

Reports, Competency Certification, Worker Welfare Facilities, Cost (Sections 17-20):
- Employers must submit all required safety and health reports and notifications (Section 17).
- TESDA or PRC shall establish national competency standards and certification for critical occupations (Section 18).
- Workplaces must have adequate welfare facilities such as drinking water, sanitary facilities, and living accommodation (Section 19).
- The cost of implementing the OSH program shall be part of operations cost and a separate pay item (Section 20).

Joint and Solidary Liability (Section 21):
- The employer, project owner, contractors, subcontractors, and any person managing or supervising the work shall be jointly and solidarily liable for compliance.

Enforcement and Penalties (Sections 22-28):
- The Secretary of Labor and Employment has the authority to enforce OSH standards, conduct audits, enter workplaces, issue compliance orders, and order work stoppage (Section 22).
- Employers must pay workers during work stoppage due to imminent danger caused by the employer's violation or fault (Section 23).
- The Secretary may delegate enforcement authority to a competent government authority (Section 24).
- The Secretary shall set and enforce mandatory OSH standards based on the number of employees, nature of operations, and risk or hazard involved (Section 25).
- Workers may file compensation claims for work-related disability or death (Section 26).
- Incentives shall be provided to qualified employers for ensuring OSH compliance (Section 27).
- Prohibited acts include willful failure to comply with OSH standards or orders, obstruction of inspections, misrepresentation, and retaliation against workers, with administrative fines up to P100,000 per day and additional fines for specific offenses (Section 28).

Miscellaneous Provisions (Sections 29-35):
- DOLE shall maintain an updated computerized labor law compliance system (Section 29).
- DOLE shall develop OSH core compliance standards for micro and small enterprises (MSEs) (Section 30).
- Inter-governmental coordination and cooperation shall be instituted for effective implementation (Section 31).
- Implementing rules and regulations shall be formulated within 90 days (Section 32).
- Separability clause (Section 33).
- Repealing clause (Section 34).
- Effectivity clause (Section 35): The Act shall take effect 15 days after publication in the Official Gazette or a newspaper of general circulation.