I. Legal and Constitutional Framework
The protection of workers through occupational safety and health (OSH) is a constitutional mandate under Article XIII, Section 3 of the 1987 Philippine Constitution, which requires the State to guarantee workers’ rights to safe and healthful working conditions. This is operationalized primarily through:
- Labor Code of the Philippines (Presidential Decree No. 442, as amended), Book IV, Title I, particularly Articles 162–165 on safety and health;
- Republic Act No. 11058 (2018), “An Act Strengthening Compliance with Occupational Safety and Health Standards and Providing Penalties for Violations Thereof,” which took effect in 2019 and significantly expanded employer obligations;
- Occupational Safety and Health Standards (OSHS), as promulgated by the Department of Labor and Employment (DOLE) through Department Order No. 13, Series of 1998 (consolidating earlier rules), with Rule 1080 series specifically governing Personal Protective Equipment (PPE);
- Supporting issuances: DOLE Department Order No. 198-18 (Rules on Occupational Safety and Health Standards for Safety Officers), DO No. 128-13 (Guidelines on the Accreditation of OSH Training Organizations), and OSHC (Occupational Safety and Health Center) technical guides.
RA 11058 applies to all establishments, projects, sites, and workplaces in the private sector, including government-owned and controlled corporations, except domestic workers in private households. It mandates a risk-based, preventive approach centered on hazard identification, risk assessment, and control (HIRADC).
II. Definition of Personal Protective Equipment (PPE)
Under OSHS Rule 1080 and RA 11058, PPE refers to any device or clothing worn by a worker to protect against one or more hazards that may cause injury, illness, or death. PPE is the last line of defense in the hierarchy of controls (elimination → substitution → engineering → administrative → PPE).
PPE must be:
- Appropriate to the hazard and task;
- Certified to meet national or internationally accepted standards (e.g., ANSI, EN, ASTM, ISO, NIOSH, or DOLE-recognized equivalents);
- Properly fitted, maintained, and replaced free of charge by the employer;
- Not relied upon as the primary control measure.
III. Employer Responsibilities (RA 11058 & OSHS Rule 1080)
Employers must:
- Conduct regular workplace hazard identification and risk assessment to determine required PPE.
- Provide appropriate PPE free of charge to all workers exposed to hazards, including replacement when damaged, contaminated, or expired.
- Ensure PPE is readily available, properly stored, cleaned, and maintained.
- Provide training (initial and refresher) on proper use, care, limitations, and storage of PPE.
- Establish and enforce rules requiring workers to use PPE.
- Appoint/designate qualified Safety Officers (mandatory number and competency level depend on workforce size and risk classification: Low, Medium, High).
- Form a Joint OSH Committee (mandatory for 10+ workers) to oversee PPE programs.
- Maintain records of PPE issuance, training, inspections, and incidents.
Contractors, subcontractors, and principals in construction/project sites share joint and several liability.
IV. Specific Standards for Protective Gear (OSHS Rule 1080 Series)
Rule 1081 – General Provisions
PPE shall be used only when hazards cannot be eliminated or sufficiently controlled by other means. Selection must consider comfort, fit, compatibility, and worker acceptance.
Rule 1082 – Eye and Face Protection
- Goggles, face shields, welding helmets, or spectacles meeting ANSI Z87.1 or equivalent.
- Required for flying particles, molten metal, chemical splashes, UV/IR radiation, lasers.
- Side shields mandatory for spectacles.
Rule 1083 – Respiratory Protection
- Respirators must be NIOSH-approved or DOLE-accepted.
- Program includes fit-testing (qualitative/quantitative), medical evaluation, training, cartridge change schedule, and storage.
- Types: air-purifying (half/full-face), supplied-air, self-contained breathing apparatus (SCBA).
- Mandatory for oxygen-deficient atmospheres, toxic gases, vapors, dusts, fumes, mists.
Rule 1084 – Head Protection
- Industrial safety helmets/hard hats meeting ANSI Z89.1 (Type I/II, Class E/G/C).
- Required where falling/flying objects, electric shock, or impact hazards exist.
- Chin straps mandatory in high-wind or elevated work.
Rule 1085 – Hand and Arm Protection
- Gloves (leather, cut-resistant, chemical-resistant, electrical insulating, anti-vibration, thermal).
- Must match specific hazards (chemical permeation, puncture, heat, electricity per ASTM/EN standards).
- Arm sleeves for welding or chemical work.
Rule 1086 – Foot and Leg Protection
- Safety footwear with steel/composite toe caps, puncture-resistant midsoles, slip-resistant soles (ASTM F2413 or equivalent).
- Metatarsal guards, leggings, or foot guards for molten metal, heavy objects, chemicals.
Rule 1087 – Body Protection
- Coveralls, aprons, vests, jackets, full-body suits for chemical, thermal, arc-flash, biological, or weather hazards.
- Flame-resistant clothing for electrical work (NFPA 70E).
Additional Specialized PPE
- Hearing protection (ear plugs/muffs meeting ANSI S3.19; noise >85 dBA).
- Fall protection harnesses/lanyards (full-body with shock-absorbing lanyard, anchorage ≥5,000 lbs).
- High-visibility clothing (ANSI/ISEA 107 Class 2/3).
- Electrical PPE (rubber insulating gloves, sleeves, blankets per ASTM D120; arc-rated FR clothing per NFPA 70E).
- Chemical protective clothing (Level A–D per EPA/NFPA 1991/1992).
V. Training, Medical Surveillance, and Worker Duties
- Training: Mandatory upon hiring, reassignment, new hazards, or annually. Must cover limitations, donning/doffing, inspection, maintenance, and signs of failure. Records retained for at least 3 years.
- Workers must: use PPE as instructed, report defects immediately, care for issued equipment, and not remove or tamper with PPE.
- Medical surveillance required for respirator users and workers exposed to certain chemicals/hearing loss risks.
VI. Enforcement, Inspection, and Penalties (RA 11058)
- DOLE Regional Offices and OSHC conduct inspections. Labor inspectors may issue Compliance Orders, Work Stoppage Orders (imminent danger), or recommend closure.
- Administrative fines (per violation, per day):
- Minor: ₱20,000–₱50,000
- Less serious: ₱50,000–₱100,000
- Serious: ₱100,000–₱200,000
- Grave: ₱200,000–₱500,000 (escalates with repeat offenses)
- Criminal penalties (willful violations causing death/serious injury): 3 months to 3 years imprisonment and/or fines up to ₱1,000,000.
- Double fines for repeat violations within 5 years. Public disclosure of violators.
Workers may file complaints anonymously; retaliation is prohibited.
VII. Industry-Specific Applications and Guidelines
- Construction (DOLE DO 13-98 & 128-13): Mandatory hard hats, safety harnesses, high-visibility vests.
- Mining & Quarrying: Additional respiratory and fall protection.
- Manufacturing/Chemical: Comprehensive chemical PPE programs.
- Healthcare: PPE for infectious diseases (gloves, gowns, N95 respirators, eye protection).
- Agriculture: Protection against pesticides, machinery, sun/heat.
VIII. Key Principles and Best Practices
PPE programs must integrate with the OSH Management System (OSH-MS) under RA 11058. Selection prioritizes engineering controls. Employers bear the full cost; deductions from wages are illegal. Regular PPE audits, shelf-life monitoring, and post-incident reviews are required. The OSHC provides free technical assistance, training modules, and PPE selection guides.
These standards reflect a dynamic, risk-based regime continuously updated by DOLE to align with international best practices while addressing Philippine workplace realities. Strict compliance is both a legal obligation and a moral imperative to prevent occupational injuries, illnesses, and fatalities.