Introduction

Protective gear, collectively referred to as Personal Protective Equipment (PPE), constitutes the last line of defense in the hierarchy of controls for eliminating or minimizing occupational hazards in Philippine workplaces. Philippine law mandates that employers provide, maintain, and ensure the proper use of PPE when engineering controls, substitution, administrative controls, or work practices cannot fully eliminate exposure to hazards such as falling objects, flying particles, chemicals, noise, extreme temperatures, electricity, or biological agents. These standards are primarily governed by Republic Act No. 11058 (2018), the Labor Code of the Philippines (Presidential Decree No. 442, as amended), and the Occupational Safety and Health (OSH) Standards issued by the Department of Labor and Employment (DOLE).

Legal Basis

Republic Act No. 11058 (An Act Strengthening Compliance with Occupational Safety and Health Standards)
Enacted in 2018, RA 11058 is the cornerstone legislation. It requires every employer to provide a safe and healthful workplace, including the mandatory provision of appropriate PPE at no cost to workers. Section 4 explicitly includes PPE as part of the employer’s duties in the OSH program. The law applies to all establishments, whether public or private, except the Armed Forces, police, and certain government units with their own equivalent standards.
Labor Code Provisions
Articles 162–165 of the Labor Code empower the Secretary of Labor to promulgate OSH rules. Article 162 states that employers must furnish workers with protective equipment and instruct them on hazard prevention.
DOLE Department Order No. 198, Series of 2018
This serves as the Implementing Rules and Regulations (IRR) of RA 11058, detailing the OSH program requirements, including hazard identification, risk assessment, control measures, and PPE provision.
OSH Standards (Rule 1080 – Personal Protective Equipment and Clothing)
The core technical regulation is Rule 1080 of the DOLE OSH Standards. Key provisions include:
- PPE must be provided when hazards cannot be controlled by other means.
- PPE shall be of safe design and construction, suitable for the hazard, and properly fitted to the worker.
- Employers bear the full cost of acquisition, maintenance, replacement, and cleaning.
- PPE must meet recognized standards (e.g., Philippine National Standards, ANSI, EN, or equivalent approved by DOLE).

Definitions

Personal Protective Equipment (PPE): Any device or apparel worn by a worker to protect against hazards (helmets, goggles, gloves, respirators, safety shoes, hearing protectors, fall arrest systems, etc.).
Hierarchy of Controls: Elimination → Substitution → Engineering controls → Administrative controls → PPE (PPE is the last resort).
Appropriate PPE: Equipment that is certified, properly sized, comfortable, compatible with other PPE, and effective against the specific hazard.

Employer Responsibilities

Employers must:

Conduct a workplace hazard assessment (including Job Hazard Analysis or equivalent) to determine the need for PPE.
Select PPE that properly fits each affected worker and accounts for individual factors (size, gender, medical conditions).
Provide PPE free of charge, including replacement when damaged, defective, or expired.
Ensure PPE is readily available and accessible.
Train all workers (including supervisors) on proper use, limitations, maintenance, and storage of PPE before assignment and at least annually thereafter.
Establish procedures for inspection, cleaning, repair, and disposal of PPE.
Maintain records of PPE issuance, training, and inspections for at least five years.
Appoint a qualified Safety Officer (with appropriate BOSH or COSH training) to supervise PPE programs in medium and large establishments.
Prohibit the use of defective, expired, or non-approved PPE.

Employee Responsibilities

Workers must:

Properly use the PPE provided for the specific task.
Inspect PPE before each use and report defects immediately.
Not alter, modify, or remove PPE components.
Participate in required training and follow established procedures.
Return PPE to the employer after use for proper maintenance.

Standards and Specifications for Specific PPE

Head Protection (Rule 1081)
Hard hats/helmets must meet impact and penetration resistance standards (ANSI Z89.1 or equivalent). Required in construction, manufacturing, mining, and areas with falling objects or electrical hazards.

Eye and Face Protection (Rule 1082)
Safety glasses, goggles, face shields must comply with ANSI Z87.1. Chemical splash goggles and welding shields have specific requirements.

Respiratory Protection (Rule 1084)
Respirators must be NIOSH-approved (or equivalent). Employers must implement a comprehensive respiratory protection program including fit-testing, medical evaluation, training, and cartridge change schedules for airborne contaminants.

Hand and Arm Protection
Gloves resistant to cuts, chemicals, heat, electricity, or vibration. Selection based on material compatibility charts.

Foot and Leg Protection
Safety shoes with toe caps and puncture-resistant soles meeting ANSI Z41 or equivalent. Required where there is risk of crushing, falling objects, or chemical exposure.

Hearing Protection
Earplugs or earmuffs when noise exceeds 85 dBA (8-hour TWA). Must reduce noise to safe levels.

Fall Protection
Full-body harnesses, lanyards, lifelines, and anchor points meeting ANSI Z359 standards for work at heights (generally 1.8 meters or more).

Other PPE
High-visibility clothing, life vests, insulating rubber gloves for electrical work, and chemical-resistant suits as required by hazard assessment.

Training Requirements

Training must cover:

Nature of hazards and why PPE is necessary.
Proper donning, doffing, adjustment, and fitting.
Limitations and capabilities of PPE.
Maintenance, inspection, and storage procedures.
Recognition of PPE failure or degradation.

Training must be provided initially, when new hazards or PPE are introduced, and whenever retraining is needed due to observed deficiencies.

Inspection, Maintenance, Storage, and Cleaning

Daily pre-use inspection by the worker.
Regular scheduled inspections by the safety officer.
Cleaning and disinfection after each use (especially shared PPE).
Storage in clean, dry, accessible areas away from contaminants.
Immediate replacement of damaged or expired PPE.
Employer must not allow workers to take PPE home unless specifically authorized for certain types (e.g., prescription safety glasses).

Enforcement and Penalties

The DOLE Regional Offices conduct inspections. Violations related to PPE are considered serious or willful depending on gravity.

Under RA 11058 and DO 198-18:

Failure to provide PPE: Fine of ₱50,000 to ₱100,000 per day or per violated provision.
Repeated or willful violations: Higher fines, closure of operations, and imprisonment of responsible officers (3 months to 3 years).
Criminal liability for serious injuries or fatalities attributable to PPE non-compliance.

The OSH Standards Committee may issue stop-work orders for imminent danger situations involving inadequate PPE.

Special Industry Applications

Construction: Additional requirements under DOLE DO 13 (Construction Safety) emphasize hard hats, safety belts/harnesses, and high-visibility vests.
Mining and Quarrying: Stricter respiratory and head protection rules.
Healthcare: Specific PPE protocols for infectious diseases and hazardous drugs.
Small Establishments (1–9 workers): Simplified OSH requirements but PPE provision remains mandatory.

Conclusion

Philippine law places primary responsibility on employers to ensure protective gear is provided, properly used, and effectively maintained as part of a comprehensive OSH program. Compliance is not optional; it is a legal obligation enforceable by substantial administrative fines, criminal sanctions, and operational closures. Adherence to Rule 1080 and RA 11058 protects workers’ right to a safe workplace and significantly reduces occupational injuries and illnesses. Employers are encouraged to integrate PPE programs with broader risk management strategies to achieve the highest level of protection possible.