From Argyll Cyrus Geducos
President Duterte has signed the law that guarantees a safe and healthy workplace for employees by providing them with complete protection against all hazards in their working environment.
The Republic Act (RA) 11058, signed by Duterte on Friday, ensures that the provisions of labor law, national laws and internationally recognized standards on health and safety at work (OSH) are fully complied with and complied with by employers.
The law applies to all sites, projects, locations, including branches of the Philippine Economic Authority Authority (PEZA) and all other places where all branches of economic activity work, except in the public sector.
According to the law, every person who manages, controls or controls the work must ensure that the place of employment is safe for employees. The place must be free of hazardous conditions that can cause death, illness or physical injury to employees.
They are also required to provide complete work safety instructions or guidelines to all employees, especially to first-timer; and to inform employees about the dangers and risks associated with their work. These include orientation and training on chemical safety, electrical safety, mechanical safety and ergonomic safety.
In the meantime, employees are obliged to follow instructions and report to their manager or employer and risk of work that can be discovered at the workplace.
An employee can also submit claims for damages arising from incapacity for work or death.
The law gives employees the right to refuse to work if, as determined by the Ministry of Labor and Employment (DOLE), there is an imminent threat that can lead to illness, injury or death.
Employees also have the right to report accidents, dangerous events and dangers for the employer, DOLE and other competent government authorities in the specific sector.
Free personal protective equipment (PPE) will also be provided to employees by employers.
If the work is stopped as a result of an imminent danger as a result of the employer's offense or fault, the employer pays the employees their wages during the period that the work is stopped or the work is suspended.
Incentives for employers
The law also calls for an established package of incentives for qualified employers to recognize their efforts to comply with OSH and general labor standards.
The law also provides for the establishment of an OSH committee to ensure that the safety and health program in the workplace is respected and maintained.
The committee is headed by the employer who will act as chairman. Other members are the security officer of the company as secretary; other security officers, if applicable, as members; health professionals; and representatives of the workers' association.
The number and qualification of safety officers must be commensurate with the total number of employees and equipment, the size of the work area and other criteria that can be prescribed by the DOLE.
Safety and health training
The number of health personnel, equipment, facilities and quantity of deliveries must also be suitable for the total number of employees and the risks involved. All OSH personnel must undergo training on OSH as prescribed by DOLE.
All employees must now undergo an eight-hour mandatory safety and health seminar.
Intentional failure or refusal by the employer to comply with the required OSH standards makes the employer liable for a fine of up to P100,000 per day until the violation has been corrected, starting from the day the employer is aware of this. asked.
Employers who fail or refuse to comply with such standards and attempt to conceal such non-compliance are liable for a fine of up to P100,000, regardless of the daily fine.
A fine of P100,000 is also imposed on employers who repeatedly obstruct, delay or refuse DOLE to grant DOLE access to the workplace or have access to relevant documents or documents.
The same amount will be fined to employers making false statements to the DOLE and to employers who take retaliatory measures against employees who have provided information regarding the inspection carried out. These retaliatory measures include termination of employment, refusal to pay, reduction of wages and benefits, or any form of discrimination.