Republic Act No. 11058, titled “An Act Strengthening Compliance with Occupational Safety and Health Standards and Providing Penalties for Violations Thereof,” was signed into law by President Rodrigo Roa Duterte on August 17, 2018 and took effect on September 5, 2018, fifteen days after its publication in the Official Gazette.

The law is the Philippines’ most comprehensive and modern statutory framework on occupational safety and health to date. It effectively repealed or substantially amended the outdated provisions of Articles 162–165 of the Labor Code of the Philippines (Presidential Decree No. 442, as amended) and elevated occupational safety and health from a mere administrative concern into a mandatory, enforceable state policy with serious criminal and administrative sanctions.

Declaration of Policy (Section 2)

The State affirms the constitutional right of workers to “security of tenure, humane conditions of work, and a living wage” (Article XIII, Section 3, 1987 Constitution) and the prime duty of the State to protect labor (Article II, Section 18). RA 11058 explicitly declares it a policy of the State to protect every worker against injury, sickness, or death through safe and healthful working conditions, and to promote strict but fair compliance with occupational safety and health standards by both employers and workers.

The law aligns Philippine policy with ILO Convention No. 155 (Occupational Safety and Health Convention, 1981) and ILO Convention No. 187 (Promotional Framework for Occupational Safety and Health Convention, 2006), both ratified by the Philippines.

Coverage (Section 3)

RA 11058 applies to all establishments, projects, and sites where work is being undertaken in all branches of economic activity, including:

Private sector establishments (regardless of size)
Contractors and subcontractors
Public sector agencies and government-owned and -controlled corporations performing proprietary functions
Philippine Economic Zone Authority (PEZA) enterprises and other economic zones
All places where work is performed, including work-from-home and remote work arrangements (as clarified in subsequent DOLE advisories)

The only explicit exclusions are:

Household undertakings (domestic helpers/kasambahay under RA 10361)
Informal sector workers without fixed employer-employee relationship (although DOLE is mandated to develop programs for them)

All workers — whether regular, probationary, casual, project, seasonal, or fixed-term — are covered.

Key Obligations of Employers (Section 4)

Employers (including contractors and subcontractors) are imposed with the following non-delegable duties:

Furnish workers a place of employment free from hazardous conditions.
Provide complete personal protective equipment (PPE) free of charge and ensure its proper use.
Comply with Occupational Safety and Health Standards (OSHS) as prescribed by DOLE.
Register the establishment with DOLE Regional Office (mandatory for all employers with at least one worker).
Establish a Safety and Health Committee.
Appoint qualified Safety Officers and occupational health personnel (nurses, physicians, dentists) based on risk classification and employee count.
Conduct mandatory occupational safety and health orientation/training for all workers (minimum 8 hours for workers, 16 hours for supervisors).
Formulate and implement a written Safety and Health Program signed by the employer and certified by the Safety Officer.
Report accidents and occupational illnesses to DOLE within prescribed periods (24 hours for fatalities/disabling injuries, monthly summary for all incidents).
Allow workers’ representatives to participate in safety audits and inspections.

Obligations of Workers (Section 5)

Workers must:

Participate in safety and health trainings
Comply with safety policies and use PPE properly
Report unsafe conditions and practices
Cooperate with Safety and Health Committees

Self-employed persons are treated as both employer and worker, hence required to comply with the same standards.

Mandatory Safety and Health Personnel (Sections 3, 12, and IRR Rule 1040)

The law classifies establishments into low-risk and high-risk based on the Philippine Standard Industrial Classification (PSIC) and number of workers.

Number of Workers	Low-Risk Establishment	High-Risk Establishment
1–50	Safety Officer 1 (after 2-hour orientation)	Safety Officer 2 (after 40-hour BOSH/COSH)
51–200	Safety Officer 2 (40-hour training)	Safety Officer 3 (80-hour advanced training + 320 hours OJT)
201–250	Safety Officer 3	Full-time Safety Officer 4 + additional SO3
More than 250	Safety Officer 4 (full-time) + additional SOs per 250 workers or fraction thereof	Same, with higher ratios

Occupational health personnel requirements (physicians, nurses, dentists, first-aiders) are also prescribed under DO 198-18 Rule 1960.

Safety and Health Committee (Section 13)

All covered establishments must organize a Health and Safety Committee (HSC) composed of:

Chairperson: Employer or representative
Secretary: Safety Officer
Members: Supervisors, rank-and-file representatives (union if organized), occupational health personnel

Functions include:

Planning and developing safety programs
Conducting safety inspections
Investigating accidents
Submitting monthly reports to DOLE

Type A (bipartite) committees are required for establishments with 1–100 workers; Type B (tripartite with DOLE representative) for larger or high-risk establishments.

Workers’ Right to Refuse Unsafe Work (Section 28)

A landmark provision: Workers have the right to refuse to work without threat of dismissal or discrimination when there is imminent danger (situation that can cause death or serious injury). The employer must immediately act to remove the danger. The worker continues to be paid during the stoppage.

Prohibited Acts and Penalties (Sections 27 and 28)

RA 11058 introduced criminal liability for violations, a major departure from the purely administrative sanctions under the old Labor Code.

Administrative fines (per day of continuing violation):

P20,000 – P50,000 for micro and small enterprises
Up to P100,000 for medium and large enterprises

Criminal penalties (imprisonment and/or fine):

Willful failure or refusal to comply leading to death or serious injury: imprisonment of 3 months and 1 day to 6 years, fine P100,000–P500,000
Repeated violations or willful refusal to allow inspection: imprisonment up to 6 years

Penalties are imposed on the employer, corporate officers, or responsible persons. Corporations may be held liable under the principle of command responsibility.

Implementing Rules and Regulations

Department Order No. 198, series of 2018 (signed December 6, 2018, effective December 21, 2018) serves as the IRR. Subsequent issuances:

DO 208-20 (2020) – Guidelines on OSH during COVID-19 pandemic
DO 224-21 – Guidelines on Ventilation for Workplaces
DO 229-21 – OSH Standards for the Public Sector
DO 235-22 – OSH in the Shipbuilding and Ship Repair Industry
Various DOLE advisories on telecommuting, construction safety, agriculture, etc.

Enforcement Mechanism

Primary enforcement authority: Department of Labor and Employment (DOLE) through its Regional Offices and Labor Inspectors.

DOLE conducts:

Routine compliance visits
Complaint inspections
Technical safety inspections (boilers, pressure vessels, elevators)
OSH investigations

Joint Assessment with employers is encouraged before full-blown enforcement.

Impact and Significance

Since 2019, DOLE has reported:

Over 200,000 establishments registered under the OSH Law
More than 150,000 workers trained annually in BOSH/COSH
Significant reduction in occupational accidents in inspected establishments
Criminal cases filed against recalcitrant employers (particularly in construction and manufacturing)

RA 11058 transformed occupational safety and health from a “paper requirement” into a genuine priority. It shifted the paradigm from reactive compensation (SSS/EC benefits) to proactive prevention. It is now the single most cited labor law in DOLE compliance orders and one of the most litigated in criminal courts involving workplace accidents.

The law remains the cornerstone of Philippine labor protection in the 21st century and continues to be supplemented by new department orders addressing emerging risks such as psychosocial hazards, climate-related workplace risks, and digital platform workers.