The landscape of labor protection in the Philippines underwent a significant transformation with the enactment of Republic Act No. 11058, otherwise known as "An Act Strengthening Compliance with Occupational Safety and Health (OSH) Standards and Providing Penalties for Violations Thereof." This law, along with its Implementing Rules and Regulations (IRR) found in Department Order No. 198-18, shifted the framework from mere "guidelines" to strictly mandatory standards with significant legal teeth.
Under current Philippine law, every worker—regardless of employment status—is entitled to a safe and healthful workplace. Below is a comprehensive breakdown of these legal rights and the corresponding duties of the employer.
1. The Right to Know
The "Right to Know" is the cornerstone of OSH. Workers are not merely passive participants in safety; they must be fully informed of the risks associated with their jobs.
- Risk Awareness: Employees have the right to be informed by the employer about all types of hazards (physical, chemical, biological, or ergonomic) present in the workplace.
- Access to Information: This includes access to Safety Data Sheets (SDS) for chemical exposures and results of any environment monitoring or medical examinations conducted by the company.
- Training: Employers are mandated to provide free safety and health training, including specialized instruction for hazardous jobs.
2. The Right to Refuse Unsafe Work
Perhaps the most powerful protection under RA 11058 is the codified right to refuse work that poses an "imminent danger."
- Definition of Imminent Danger: A condition or practice that could reasonably be expected to cause death or serious physical harm before such danger can be eliminated.
- Protection from Reprisal: An employee who refuses to work because of an immediate safety threat cannot be terminated, demoted, or disciplined, provided the incident is reported immediately to the supervisor or the OSH committee.
- The Process: The worker stays in a safe area until the safety officer or the Department of Labor and Employment (DOLE) determines the area is safe to resume operations.
3. The Right to Report and Participate
Workers are encouraged to be proactive in maintaining safety standards without fear of retaliation.
- Reporting Hazards: Employees have the legal right to report any work-related accidents, near-misses, or dangerous occurrences to their supervisors or directly to DOLE.
- Safety Committees: Every workplace must have an OSH Committee. Workers have the right to be represented in this committee, ensuring their voices are heard in the formulation of safety policies.
4. The Right to Personal Protective Equipment (PPE)
A common misconception is that PPE costs can be deducted from a worker's salary. Philippine law is explicit on this:
- Employer’s Expense: All PPE—including hard hats, safety shoes, gloves, masks, and harnesses—must be provided by the employer free of charge.
- Standard Compliance: The PPE must be of high quality and appropriate for the specific hazards encountered in the line of duty.
5. Employer Duties and Responsibilities
To uphold these rights, the law imposes specific "Positive Duties" on the employer:
| Requirement | Description |
|---|---|
| OSH Program | A written program outlining safety policies, submitted to DOLE. |
| Safety Officers | Appointment of certified Safety Officers (SO1, SO2, SO3, or SO4) based on the number of workers and risk level. |
| Health Facilities | Provision of first-aid kits, clinics, or hospital tie-ups depending on company size. |
| Emergency Drills | Regular conduct of fire, earthquake, and other emergency evacuation drills. |
6. Prohibited Acts and Penalties
The law moved away from small, stagnant fines to a "per-day" penalty system.
- Administrative Fines: Willful failure to comply with OSH standards can result in administrative fines of up to ₱100,000.00 per day until the violation is corrected.
- Work Stoppage: If a violation results in an imminent danger, DOLE has the authority to issue a Work Stoppage Order (WSO). During a WSO, the employer is still required to pay the wages of the affected workers.
- Gross Violations: If a violation leads to death or permanent total disability, the penalties are significantly increased, and the employer may face criminal charges under the Revised Penal Penal Code.
7. Coverage and Scope
The law applies to all establishments, including:
- Private enterprises (including those in Special Economic Zones).
- Government-owned or controlled corporations (GOCCs).
- Micro, Small, and Medium Enterprises (MSMEs).
- Contractors and sub-contractors.
Legal Note: In the Philippines, the principle of "Solidary Liability" often applies. This means if a sub-contractor fails to provide a safe workplace, the principal employer can also be held liable for injuries or violations occurring within their premises.