Occupational Safety and Health Certification for Relocated Businesses in the Philippines


I. Introduction

When a business in the Philippines relocates—whether to a new city, economic zone, or even just another building in the same barangay—it does not carry its occupational safety and health (OSH) compliance with it as if it were a simple permit sticker.

Relocation typically means:

  • A new workplace with a different layout, hazards, and risk profile; and
  • A fresh round of compliance with national OSH laws and related regulations (labor, fire, building, local permits).

This article explains, in Philippine context, what “OSH certification” realistically means, how relocation affects OSH obligations, and what documents and processes employers must go through to demonstrate compliance in the new site.


II. Legal and Regulatory Framework

1. Primary OSH laws

  1. Labor Code of the Philippines (Presidential Decree No. 442, as amended)

    • Establishes the State policy to ensure safe and healthful working conditions.
    • OSH rules are largely contained in the Occupational Safety and Health Standards (OSHS) issued by the Department of Labor and Employment (DOLE).
  2. Republic Act No. 11058

    • “An Act Strengthening Compliance with Occupational Safety and Health Standards” (2018).
    • Clarifies employer responsibilities, workers’ rights, and introduces administrative penalties for non-compliance with OSH standards.
    • Applies to all workplaces except the few statutory exemptions (e.g., the domestic household in the narrow sense).
  3. Occupational Safety and Health Standards (OSHS)

    • A detailed set of standards issued by DOLE, covering:

      • General requirements (housekeeping, PPE, machine guarding, etc.)
      • Specific industries (construction, shipbuilding, etc.)
      • Specific hazards (noise, chemicals, confined spaces, etc.)
  4. Implementing Rules and Regulations (IRR) of RA 11058

    • Issued by DOLE through a Department Order (often cited in practice together with the OSHS).
    • Operationalizes RA 11058—e.g., who qualifies as a safety officer, required number of first-aiders, penalties, and procedures.

2. Related laws affecting OSH in a new site

When a business relocates, several other legal regimes are triggered:

  • National Building Code (RA 6541 and its IRR) – structural safety, occupancy, ventilation, exits.
  • Fire Code of the Philippines (RA 9514) – fire safety, fire exits, detection and alarm systems, Fire Safety Inspection Certificate.
  • Local Government Code and local ordinances – business permits, zoning, and sometimes additional health and safety conditions.
  • Environmental laws (e.g., Clean Air Act, Clean Water Act, Ecological Solid Waste Management Act), where operations involve emissions, effluents, or hazardous waste.

While these are not “OSH certification” in the strict sense, compliance documents from these regimes are integral to demonstrating that the new workplace is safe and healthful.

3. Key regulators

  • DOLE – policy, inspection, and enforcement of OSH standards.

    • Through its Bureau of Working Conditions (BWC) and Regional Offices.
  • Occupational Safety and Health Center (OSHC) – attached agency under DOLE that:

    • Conducts OSH training and issues training certificates,
    • Provides technical assistance and research.
  • Local Government Units (LGUs) – issue business permits and building/occupancy permits, often conditioned on safety and fire clearances.

  • Bureau of Fire Protection (BFP) – enforces the Fire Code, including inspections and Fire Safety Inspection Certificates.

  • Special regulators – e.g., PEZA or other economic zone authorities, for businesses located in ecozones.


III. What “OSH Certification” Actually Means in the Philippines

There is no single, universal “Occupational Safety and Health Certificate” issued to all businesses as a prerequisite for operation, in the same way that there is a business permit or fire safety certificate.

Instead, OSH “certification” usually refers to a combination of the following:

1. Certificates related to people and training

  • Certificates of training for Safety Officers, first-aiders, and other OSH personnel after completing mandatory OSH training from DOLE-accredited providers or OSHC.

  • Accreditation certificates for:

    • OSH practitioners and consultants (individual persons),
    • OSH training organizations.

These certificates do not say the establishment itself is fully compliant; they show that the persons responsible for OSH meet the required qualifications.

2. Certificates and documents related to the workplace

  • DOLE may issue notices of compliance or may record in inspection reports that the establishment is “complied” or has rectified violations.
  • Fire Safety Inspection Certificate (FSIC) from the BFP.
  • Building/Occupancy Permit from the local Building Official.
  • Sanitary Permit / Health Permit from the LGU for certain businesses (e.g., food, healthcare).

These collectively function as proof that the new site has met minimum safety, fire, and health standards.

3. Voluntary or private certifications

Some relocated businesses pursue voluntary OSH-related certifications:

  • ISO 45001 (Occupational health and safety management systems),
  • Other international standards (e.g., ISO 14001 for environmental management).

These are not mandated by Philippine law, but they can be important for clients, investors, or global supply chains.


IV. Effect of Relocation on OSH Obligations

Relocation does not reset an employer’s fundamental legal duty: to provide a safe and healthful workplace. But it does substantially change how that duty is implemented.

1. New workplace, new hazards

A new site will typically have:

  • Different floor plans and evacuation routes,
  • Different neighbors (e.g., nearby factories, fuel stations),
  • New or additional equipment and utilities,
  • Possibly new work processes (e.g., automation, revised layouts).

Under RA 11058 and the OSHS, the employer must:

  • Conduct a new hazard identification and risk assessment specific to the new workplace; and
  • Adapt the Safety and Health Program (SHP) and control measures to those hazards.

2. Administrative consequences

Relocation may entail:

  • Closing or “transferring” the old establishment in DOLE records and opening a new one (especially if the address, LGU, or region changes).

  • Updating the registration details of the establishment with:

    • DOLE Regional Office (for labor and OSH-related records),
    • The LGU (business permits),
    • BFP (for fire safety).

For DOLE, the new physical location may fall under another field office or regional office, which will affect who inspects and monitors OSH compliance.


V. Core OSH Compliance Requirements in the New Site

The main OSH compliance obligations apply to relocated businesses just as they do to newly established ones. Relocation simply triggers the need to re-do or update these in the new context.

1. Safety and Health Program (SHP)

  • RA 11058 requires employers to have a written Safety and Health Program:

    • Tailored to the specific operations and hazards of the workplace;
    • Communicated and explained to workers.
  • In some sectors (e.g., construction projects), the SHP must be submitted to DOLE for approval before work begins.

  • Upon relocation, the SHP must be:

    • Revised to account for the new site and hazards; and
    • Implemented—not just filed and forgotten.

2. Safety and Health Committee

Every covered workplace must organize a Safety and Health Committee, with:

  • Employer and worker representatives,
  • One or more Safety Officers with appropriate training level (SO1, SO2, etc., depending on size and risk level),
  • Other required members (e.g., company physician or nurse for larger or higher-risk workplaces).

Relocation may require:

  • Updating the committee’s charter, membership, and meeting schedule;
  • Ensuring that committee inspections and safety walks cover the new premises.

3. Safety Officers and OSH Personnel

The IRR of RA 11058 and OSHS specify:

  • Minimum number and level of Safety Officers based on:

    • Number of workers;
    • Level of risk (low, medium, high).
  • Requirements for first-aiders, nurses, physicians, and dentists, particularly for larger establishments.

For a relocated business:

  • Existing safety officers can remain designated if they meet the new risk- and size-based requirements.
  • Additional or higher-level training may be needed if the new operation is higher-risk (e.g., moving from an office-only environment to one with manufacturing).

Their training must be supported by valid training certificates from DOLE-accredited providers.

4. Physical and structural safety

At the new site, the employer must ensure that:

  • The building has valid Occupancy Permit and was constructed under the Building Code;

  • The workplace layout respects OSHS requirements on:

    • Aisle widths, clearances, headroom;
    • Guardrails and fall protection;
    • Machine guarding;
    • Ventilation, lighting, noise control;
  • Structural integrity and load limits are adequate for:

    • Heavy machinery,
    • Racking/shelving systems,
    • Storage of materials.

These are typically supported or evidenced by engineering certifications, building permits, and inspection reports.

5. Fire and emergency preparedness

At the new site, the business must:

  • Secure a Fire Safety Inspection Certificate from the BFP.

  • Ensure compliance with:

    • Adequate, unobstructed exits,
    • Properly installed and maintained fire extinguishers and fire detection systems,
    • Emergency lighting and alarm systems,
    • Clearly posted evacuation plans and exit signage.

From an OSH standpoint, employers must also:

  • Conduct regular fire and earthquake drills,
  • Train workers on emergency procedures,
  • Maintain a written Emergency/Contingency Plan, updated to reflect the new layout and hazards.

6. Medical and first-aid services

Depending on size and risk:

  • The workplace may need:

    • First-aid kits appropriate to the number of workers and types of hazards,
    • A clinic or treatment room,
    • Company nurse or physician on full-time or retainer basis.
  • Workers must be informed of:

    • The location of medical facilities,
    • First-aiders and emergency contact persons.

If the relocation entails new exposures (e.g., chemicals, noise, heat), the employer may need to implement medical surveillance and pre-employment or periodic medical examinations tailored to those hazards.

7. OSH orientation and training

Relocation requires fresh orientation of workers, including:

  • Introduction to the new layout, emergency exits, and assembly areas;

  • Familiarization with new machines or processes;

  • Refresher on:

    • OSH policies and rules,
    • Reporting unsafe conditions and incidents.

Minimum OSH training requirements under RA 11058 and its IRR still apply:

  • Mandatory OSH orientation for all workers,
  • Required OSH training hours for safety officers,
  • Sector-specific OSH training if applicable (e.g., construction, BPO, manufacturing).

Training activities should be supported by attendance records, modules, and certificates.

8. PPE and hazard control measures

In the new site, the employer must:

  • Re-evaluate hazards and determine appropriate PPE (e.g., helmets, gloves, hearing protection).

  • Provide PPE at no cost to workers, ensure proper use and maintenance.

  • Implement the standard hierarchy of controls:

    • Elimination or substitution,
    • Engineering controls,
    • Administrative controls,
    • PPE (as last line of defense).

9. Documentation, reporting, and record-keeping

Relocation does not suspend statutory reporting. Employers must:

  • Continue reporting work accidents, injuries, and illnesses to DOLE using prescribed forms and timelines.

  • Maintain:

    • OSH policies and programs,
    • Inspection records and accident investigations,
    • Training records,
    • Minutes of Safety Committee meetings.

These records will be critical when DOLE conducts OSH inspections at the new site.


VI. Special Situations for Relocated Businesses

1. Construction and fit-out of the new premises

Even before full operations begin, construction, renovation, or fit-out work at the new site will often:

  • Be treated as a construction project under OSH rules, requiring:

    • A Construction Safety and Health Program (CSHP) approved by DOLE, and
    • Designation of project safety officers and OSH personnel.

Relocated businesses must coordinate with the general contractor and subcontractors so that OSH responsibilities are clearly allocated.

2. Economic zones and industrial parks

For businesses moving into PEZA or other economic zones:

  • In addition to DOLE and national laws, firms must comply with zone-specific rules on OSH and environmental management.
  • Zone administrations may require additional certificates or audits as a condition for registration or operation.

3. Contracting and subcontracting arrangements

If relocation involves changes in:

  • Service providers (security, canteen, janitorial), or
  • Contractual or project-based workers,

the principal employer must remember:

  • RA 11058 and the OSHS recognize that principals and contractors share OSH responsibilities, particularly in multi-employer worksites.

  • There should be:

    • Coordinated OSH policies and emergency plans,
    • Joint headcount in determining the required number of safety officers and first-aiders in the premises.

4. MSMEs and hybrid/telework set-ups

For micro, small and medium enterprises (MSMEs), and businesses shifting to smaller physical offices plus telework, relocation may:

  • Reduce the number of on-site workers;
  • Change the risk level (pure office vs. manufacturing).

Even then, employers remain responsible for:

  • OSH of workers in the relocated office, and
  • In a more limited way, for managing risks associated with remote work, such as ergonomic and psychosocial risks, to the extent reasonably practicable.

VII. Enforcement, Sanctions, and Workers’ Remedies

1. DOLE inspection and enforcement

Following relocation, the new workplace may be subject to:

  • Routine inspections or
  • Complaint-based inspections initiated by workers or their representatives.

During inspections, DOLE will assess:

  • Physical conditions of the workplace,
  • OSH documentation (programs, records, training),
  • Compliance with RA 11058 and OSHS.

Non-compliance can lead to:

  • Compliance orders and work stoppage orders for imminent danger situations;
  • Administrative fines per day of non-compliance, as provided in RA 11058 and its IRR.

2. Employer’s liability

Beyond administrative fines, employers may face:

  • Civil liability (damages) for work-related injuries or deaths, particularly where negligence is shown;
  • Possible criminal liability for willful violations resulting in death, serious physical injuries, or repeated non-compliance (depending on the specific legal provisions invoked);
  • Reputational and operational risks (e.g., suspension of business operations, loss of contracts or accreditation).

3. Workers’ rights

Workers retain their rights under RA 11058 and OSHS, including:

  • The right to know about workplace hazards,
  • The right to refuse unsafe work (under defined conditions),
  • The right to participate in workplace OSH mechanisms (e.g., safety committee, safety meetings),
  • The right to file complaints with DOLE.

Relocation cannot be used as a pretext to undermine or reduce these statutory rights.


VIII. Practical OSH “Certification” Checklist for Relocating Businesses

While there is no single OSH certificate, a relocated business in the Philippines can aim to assemble a portfolio of documents demonstrating robust OSH compliance at the new site. A practical checklist includes:

  1. Regulatory and building-related documents

    • Updated business permit from the LGU (with new address).
    • Valid Occupancy Permit for the new premises.
    • Fire Safety Inspection Certificate from BFP.
    • Sanitary/health permits where applicable.
  2. DOLE and OSH-related documentation

    • Updated Safety and Health Program specific to the new site.
    • Documentation of hazard identification and risk assessment (HIRA).
    • Appointment letters of Safety Officers and members of the Safety and Health Committee.
    • Training certificates of Safety Officers, first-aiders, and OSH personnel from DOLE-accredited providers.
    • Records of OSH orientation for all workers in the new site.
    • Accident and illness reporting records and logbooks.
  3. Emergency preparedness documents

    • Written Emergency and Contingency Plan (fire, earthquake, chemical spills, etc.) adapted to the new layout.
    • Records of drills and exercises conducted in the new premises.
    • Updated evacuation maps and posted emergency contact lists.
  4. Technical and engineering documentation

    • Certificates of inspection and testing for:

      • Elevators, boilers, pressure vessels, lifting equipment, etc.
    • Layout and structural computations where relevant for heavy equipment and storage systems.

  5. Optional/voluntary certifications

    • ISO 45001 and other management system certificates, if the company chooses to pursue them.

Collectively, these are what many organizations informally refer to when they say they have “OSH certification” in the new location.


IX. Conclusion

For businesses relocating within the Philippines, occupational safety and health compliance is not a mere paperwork transfer from the old site. It requires:

  • A fresh, site-specific assessment of hazards;
  • Re-establishment or updating of OSH structures—programs, committees, safety officers, training;
  • Securing of building, fire, and local permits, and ensuring the physical environment meets statutory safety standards;
  • Ongoing inspection, training, and documentation aligned with RA 11058, the OSHS, and related laws.

While there is no single, unified “OSH certificate” for relocated businesses, a well-documented and well-implemented OSH system—supported by the appropriate regulatory clearances and training certificates—functions as a practical and credible form of OSH certification in substance, if not in name.

Because the legal landscape and implementing rules can evolve, businesses should treat this overview as a general guide and consult qualified Philippine legal or OSH professionals for advice tailored to their specific industry, location, and timing of relocation.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.