BOOK FOUR
Health, Safety
and Welfare Benefits
RULE I
Medical and
Dental Services
SECTION 1. Coverage.
— This Rule shall apply to all employers, whether operating for profit
or not, including the Government and any of its political subdivisions
and government-owned or controlled corporations, which employs in any
workplace
one or more workers.cralaw:red
The development
and enforcement of dental standards shall continue to be under the
responsibility
of the Bureau of Dental Health Services of the Department of Health.cralaw:red
SECTION 2. Definitions.
— As used in this Rule, the following terms shall have the meanings
indicated
hereunder unless the context clearly indicates otherwise:
(a) "First-aid
treatment" means adequate, immediate and necessary medical and dental
attention
or remedy given in case of injury or sudden illness suffered by a
worker
during employment, irrespective of whether or not such injury or
illness
is work-connected, before more extensive medical and/or dental
treatment
can be secured. It does not include continued treatment or follow-up
treatment
for an injury or illness.cralaw:red
(b) "Work place"
means the office, premises or work site where the workers are
habitually
employed and shall include the office or place where the workers who
have
no fixed or definite work site regularly report for assignment in the
course
of their employment.cralaw:red
(c) "First-aider"
means any person trained and duly certified as qualified to administer
first aid by the Philippine National Red Cross or by any other
organization
accredited by the former.cralaw:red
SECTION 3. Medicines
and facilities. — Every employer shall keep in or about his work place
the first-aid medicines, equipment and facilities that shall be
prescribed
by the Department of Labor and Employment within 5 days from the
issuance
of these regulations. The list of medicines, equipment and facilities
may
be revised from time to time by the Bureau of Working Conditions,
subject
to the approval of the Secretary of Labor and Employment.cralaw:red
SECTION 4. Emergency
medical and dental services. — Any employer covered by this Rule shall
provide his employees medical and dental services and facilities in the
following cases and manner:
(a) When the
number of workers is from 10 to 50 in a work place, the services of a
graduate
first-aider shall be provided who may be one of the workers in the work
place and who has immediate access to the first-aid medicines
prescribed
in Section 3 of this Rule.cralaw:red
(b) Where the
number of workers exceeds 50 but not more than 200, the services of a
full-time
registered nurse shall be provided. However, if the work place is
non-hazardous,
the services of a full-time first-aider may be provided if a nurse is
not
available.cralaw:red
(c) Where the
number of workers in a work place exceeds 200 but not more than 300,
the
services of a full-time registered nurse, a part-time physician and a
part-time
dentist, and an emergency clinic shall be provided, regardless of the
nature
of the undertaking therein. The physician and dentist engaged for such
work place shall stay in the premises for at least two (2) hours a day;
Provided, However, that where the establishment has more than one (1)
work
shift a day, the required two-hour stay shall be devoted to the work
shift
which has the biggest number of workers and they shall, in addition to
the requirements of this Rule, be subject to call at any time during
the
other work shifts to attend to emergency cases.cralaw:red
(d) Where the
number of workers in a hazardous work place exceeds 300, the services
of
a full-time nurse, a full-time physician, a full-time dentist, a dental
clinic and an infirmary or emergency hospital with one-bed capacity for
every 100 workers shall be provided. The physician and dentist shall
stay
in the premises of the work place for at least eight (8) hours a day;
Provided,
However, that where the work place has more than one (1) work shift a
day,
they shall be at work place during the work shift which has the biggest
number of workers and they shall be subject to call at anytime during
the
other work shifts to attend to emergency cases. Where the undertaking
in
such a work place is non-hazardous in nature, the employer may engage
the
services of a part-time physician and a part-time dentist who shall
have
the same responsibilities as those provided in sub-section (c) of this
Section, and shall engage the services of a full-time registered nurse.cralaw:red
(e) In all work
places where there are more than one (1) work shift in a day, the
employer
shall, in addition to the requirements of this Rule, provide the
services
of a full-time first-aider for each workshift.cralaw:red
SECTION 5. Emergency
hospital. — An employer need not put up an emergency hospital or dental
clinic in the work place as required in these regulations where there
is
a hospital or dental clinic which is not more than five (5) kilometers
away from the work place if situated in any urban area or which can be
reached by motor vehicle in twenty-five (25) minutes of travel, if
situated
in a rural area and the employer has facilities readily available for
transporting
a worker to the hospital or clinic in case of emergency: Provided, That
the employer shall enter into a written contract with the hospital or
dental
clinic for the use thereof in the treatment of workers in case of
emergency.cralaw:red
SECTION 6. Training
and qualifications of medical and dental personnel. — The health
personnel
required to be hired by an employer pursuant to the Code and these
Rules
shall have the following minimum qualifications:
(a) A first-aider
must be able to read and write and must have completed a course in
first-aid
duly certified by the National Red Cross or any other organization
accredited
by the same.cralaw:red
(b) A nurse
must have passed the examination given by the Board of Examiners and
duly
licensed to practice nursing in the Philippines and preferably with at
least fifty (50) hours of training in occupational nursing conducted by
the Department of Health, the Institute of Public Health of the
University
of the Philippines or by any organization accredited by the former.cralaw:red
(c) A physician,
whether permanent or part-time, must have passed the examinations given
by the Board of Examiners for physicians, is licensed to practice
medicine
in the Philippines, and is preferably a graduate of a training course
in
occupational medicine conducted by the Bureau of Working Conditions,
the
Institute of Public Health of the University of the Philippines or any
organization duly accredited by the former.cralaw:red
(d) A dentist,
whether permanent or part-time, must have passed the examinations given
by the Board of Examiners for dentists, is licensed to practice
dentistry
in the Philippines, and preferably has completed a training course in
occupational
dentistry conducted by the Bureau of Dental Health Services of the
Department
of Health or any organization duly accredited by the former.cralaw:red
SECTION 7. Opportunity
for training. — Nurses, physicians, and dentists employed by covered
employers
on the date the Code becomes effective and who do not possess the
special
training qualifications provided in this Rule may attend the respective
training courses pertinent to their field of specialization. The Bureau
of Working Conditions shall initiate the organization and carrying out
of appropriate training programs for nurses, physicians and dentists in
coordination with the government agencies or private organizations
referred
to in the preceding Section.cralaw:red
SECTION 8. Hazardous
work places. — The Bureau of Working Conditions, shall, with the
approval
of the Secretary of Labor and Employment, issue from time to time a
detailed
list of hazardous work places for purposes of this Rule, in addition to
the following:
(a) Where the
nature of the work exposes the workers to dangerous environmental
elements,
contaminations or work conditions including ionizing radiations,
chemicals,
fire, flammable substances, noxious components and the like.cralaw:red
(b) Where the
workers are engaged in construction work, logging, fire-fighting,
mining,
quarrying, blasting, stevedoring, dock work, deep-sea fishing and
mechanized
farming.cralaw:red
(c) Where the
workers are engaged in the manufacture or handling of explosives and
other
pyrotechnic products.cralaw:red
(d) Where the
workers use or are exposed to heavy or power-driven machinery or
equipment.cralaw:red
(e) Where the
workers use or are exposed to power-driven tools.cralaw:red
SECTION 9. Health
program. — The physician engaged by an employer pursuant to this Rule
shall,
in addition to providing medical services to the workers in cases of
emergency,
perform among others, the following duties:
(a) Conduct
pre-employment medical examination, free of charge, for the proper
selection
and placement of workers;
(b) Conduct
free of charge annual physical examination of the workers;
(c) Collaborate
closely with the safety and technical personnel of the establishment to
assure selection and placement of workers from the standpoint of
physical,
mental, physiological and psychological suitability, including
investigation
of accidents where the probable causes are exposure to occupational
health
hazards; and
(d) Develop
and implement a comprehensive occupational health program for the
employees
of the establishment. A report shall be submitted annually to the
Bureau
of Working Conditions describing the program established and the
implementation
thereof.cralaw:red
SECTION 10.
Medical and dental records. — (a) The employer shall furnish the Bureau
of Working Conditions with copies of all contracts of employment of
medical
personnel and contracts with hospitals or clinics as provided in
Section
5 of this Rule.cralaw:red
(b) The employer
shall maintain a record of all medical examinations, treatments and
medical
activities undertaken.cralaw:red
(c) The employer
shall submit reports in such form, and containing such information, as
the Bureau of Working Conditions may require from time to time.
RULE II
Occupational
Health and Safety
SECTION 1. General
statement on coverage. — (a) This Rule shall apply to all
establishments,
workplaces, and other undertakings, including agricultural enterprises,
whether operated for profit or not, except to: (1) those engaged in
land,
sea and air transportation: Provided, That their dry docks, garages,
hangars,
maintenance and repair shops and offices shall be covered by this Rule
and (2) residential places exclusively devoted to dwelling purposes.cralaw:red
(b) Except as
otherwise provided herein, all establishments, workplaces and
undertakings
located in all chartered cities as well as ordinary municipalities
shall
be subject to the jurisdiction of the Department of Labor and
Employment
in respect to the administration and enforcement of safety and health
standards.cralaw:red
(c) Chartered
cities may be allowed to assume responsibility for technical safety
inspection
by the Secretary of Labor and Employment upon compliance with such
standards
and guidelines as he may promulgate. As used herein, technical safety
inspection
includes inspection for purposes of safety determination of boilers,
pressure
vessels, internal combustion engines, elevators (passenger and
freight),
dumbwaiters, escalators, and electrical installation in all workplaces.cralaw:red
SECTION 2. General
occupational health and safety standards. — Every employer covered by
this
Rule shall keep and maintain his workplace free from work hazards that
are causing or likely to cause physical harm to the workers or damages
to property. Subject to the approval of the Secretary of Labor and
Employment,
the Bureau of Working Conditions shall, from time to time, issue
guidelines
for compliance with general occupational health and safety standards.cralaw:red
SECTION 3. Occupational
Health and Safety Code; effectivity of existing standards. — (a) Within
six (6) months from the date of effectivity of this Rule, the Bureau of
Working Conditions shall prepare and adopt an Occupational Health and
Safety
Code, subject to the approval of the Secretary of Labor and Employment.cralaw:red
(b) Until the
final adoption and approval of an Occupational Health and Safety Code
as
provided herein, existing safety orders issued by the Department of
Labor
and Employment shall remain effective and enforceable and shall apply
in
full force and effect to all employers covered by this Rule.cralaw:red
SECTION 4. Work
condition not covered by standards. — Any specific standards applicable
to a condition, practice, means, method, operation or process shall
also
apply to other similar work situations for which no specific standards
have been established.cralaw:red
SECTION 5. Training
of personnel in safety and health. — Every employer shall take steps to
train a sufficient number of his supervisors or technical personnel in
occupational safety and health. An employer may observe the following
guidelines
in the training of his personnel:
(a) In every
non-hazardous establishment or workplace having from fifty (50) to four
hundred (400) workers each shift, at least one of the supervisors or
technical
personnel shall be trained in occupational health and safety and shall
be assigned as part-time safety man. Such safety man shall be the
secretary
of the safety committee.cralaw:red
(b) In every
non-hazardous establishment or workplace having over four hundred (400)
workers per shift, at least two of its supervisors shall be trained and
a full-time safety man shall be provided.cralaw:red
(c) In every
hazardous establishment or workplace having from twenty (20) to two
hundred
(200) workers each shift, at least one of it supervisors or technical
man
shall be trained who shall work as part-time safety man. He shall be
appointed
as secretary of the safety committee therein.cralaw:red
(d) In every
hazardous establishment or workplace having over two hundred (200)
workers
each shift, at least two of its supervisors or technical personnel
shall
be trained and one of them shall be appointed full-time safety man and
secretary of the safety committee therein.cralaw:red
(e) The employment
of a full-time safety man not be required where the employer enters
into
a written contract with a qualified consulting organization which shall
develop and carry out his safety and health activities; Provided, That
the consultant shall conduct plant visits at least four (4) hours a
week
and is subject to call anytime to conduct accident investigations and
is
available during scheduled inspections or surveys by the Secretary of
Labor
and Employment or his authorized representatives.cralaw:red
The provisions
of this Section shall be made mandatory upon orders of the Secretary of
Labor and Employment as soon as he is satisfied that adequate
facilities
on training in occupational safety and health are available in the
Department
of Labor and Employment and other public or private entities duly
accredited
by the Secretary of Labor and Employment.cralaw:red
SECTION 6. General
duties of workers. — (a) Every worker shall cooperate with the employer
in carrying out the provisions of this Rule. He shall report to his
supervisors
any work hazard that he may discover in his workplace, without
prejudice
to the right of the worker to report the matter to the Regional Office
concerned.cralaw:red
(b) Every worker
shall make proper use of all safeguards and safety devices furnished in
accordance with the provisions of this Rule for his protection and the
protection of others and shall follow all instructions made by the
employer
in compliance with the provisions of this Rule.cralaw:red
SECTION 7. Duties
of other persons. — Any person, including builders or contractors, who
visits, builds, innovates or installs devices in establishments or
workplaces
shall comply with the provisions of this Rule and all regulations
issued
by the employer in compliance with the provisions of this Rule and
other
subsequent issuances of the Secretary of Labor and Employment.cralaw:red
SECTION 8. Administration
and enforcement. — (a) Every employer shall give to the Secretary of
Labor
and Employment or his duly authorized representative access to its
premises
and records at any time of the day and night when there is work being
undertaken
therein for the purpose of determining compliance with the provisions
of
this Rule.cralaw:red
(b) Every establishment
or workplace shall be inspected at least once a year to determine
compliance
with the provisions of this Rule. Special inspection visits, however,
may
be authorized by the Regional Office to investigate accidents, conduct
surveys requested by the Bureau of Working Conditions, follow-up
inspection,
recommendations or to conduct investigations or inspections upon
request
of an employer, worker or a labor union in the establishment.cralaw:red
SECTION 9. Research.
— (a) The Bureau of Working Conditions, on the basis of experiments,
studies,
and any other information available to it, shall develop criteria
dealing
with toxic materials and other harmful substances and conditions which
will establish safe exposure levels for various periods of employment.
Such studies and researches may be requested by the Secretary of Labor
and Employment through grants, contracts or as priority projects in the
programs of nationally recognized research organizations.cralaw:red
(b) The Bureau
of Working Conditions shall conduct continuing studies and surveys of
workplaces
to study new problems in occupational safety and health including those
created by new technology as well as the motivational and behavioral
factors
involved therein. The employer shall provide all the necessary
assistance
and facilities to carry out these activities.cralaw:red
SECTION 10.
Training. — (a) The Bureau of Working Conditions shall conduct
continuing
programs to increase the competence of occupational health and safety
personnel
and to keep them informed of the latest trends, practices and
technology
in accidental prevention.cralaw:red
(b) The Bureau
of Working Conditions shall conduct continuing programs of safety
personnel
in all establishments or workplaces, and for this purpose every
employer
shall in accordance with Section 7 hereof take such steps as may be
necessary
for the participation in such programs of at least two of his
supervisors
or technical personnel for every two hundred (200) workers per shift;
Provided,
That in establishments with less than two hundred (200) workers, at
least
one shall be assigned to participate in the training program.cralaw:red
(c) The training
may be conducted by the Bureau or any other organization or group of
persons
accredited by the Secretary of Labor and Employment.cralaw:red
(d) Every training
program shall include information on the importance and proper use of
adequate
safety and health equipment, and government policies and programs in
occupational
health and safety.
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