Published — July 9, 2021
The following post does not create a lawyer-client relationship between Alburo Alburo and Associates Law Offices (or any of its lawyers) and the reader. It is still best for you to engage the services of your own lawyer to address your legal concerns, if any.
Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.
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Worker shall participate in capacity building activities and use properly of all safeguards and safety devices.
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Worker has the duty to comply with instructions to prevent accidents or imminent danger, observe prescribed steps to be taken in cases of emergency and report to their immediate supervisor or any other responsible safety and health personnel any work hazard that may be discovered in the workplace.
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Worker has the right to use personal protective equipment, know all type of hazards, refuse unsafe work, and report accidents.
It is the State’s policy to protect every worker against injury, sickness or death through safe and healthful working conditions thereby assuring the conservation of valuable manpower resources and prevention of loss or damage to lives and properties consistent with national development goals, and with the State’s commitment to the total development of every worker as a complete human being. With this, RA 11058 or “An Act Strengthening Compliance with Occupational Safety and Health Standards and Providing Penalties for Violations” thereof was passed.
The Implementing Rules and Regulation of RA 11058 provides that:
- Duties of Workers
Every worker, in order to ensure compliance with Occupational Safety and Health (OSH) standards shall:
- Participate in capacity building activities on safety and health and other OSH related topics and programs;
- Proper use of all safeguards and safety devices furnished for workers’ protection and that of others;
- Comply with instructions to prevent accidents or imminent danger situations in the workplace;
- Observe prescribed steps to be taken in cases of emergency including participation in the conduct of national or local disaster drills; and
- Report to their immediate supervisor or any other responsible safety and health personnel any work hazard that may be discovered in the workplace.
- Workers’ Rights
1. Workers’ Right to Know.
The right to safety and health at work shall be guaranteed. All workers shall be appropriately informed by the employer about all types of hazards in the workplace, and be provided access to training, education, and orientation on chemical safety, electrical safety, mechanical safety, ergonomics, and other hazards and risks.
All workers, including new hires, shall be provided training and information for all types of hazards in the workplace in a language and dialect that workers can understand. Training and information materials used shall be made readily available and accessible to workers.
A re-orientation on safety and health for workers in high risk establishments must be
conducted regularly, not less than once a quarter, and to be conducted immediately following any changes in the operations and production process.
2. Workers’ Right to Refuse Unsafe Work.
The worker has the right of refusal to work without threat or reprisal from the employer if, as determined by Department of Labor and Employment (DOLE), an imminent danger situation exists. As a preventive measure the safety officer may following his/her own determination and without fear of reprisal, implement a work stoppage or suspend operations in cases of imminent danger. The employer, safety officer or worker shall immediately notify the DOLE that an imminent danger situation exists in the workplace.
The employer or safety officer cannot require the workers to return to work where
there is a continuing imminent danger. A worker may also refuse to work until the lifting of the Work Stoppage Order (WSO) after implementing the appropriate corrective measures.
Workers affected by the existence of an imminent danger situation may be temporarily assigned to other areas within the workplace provided there is no impending issue with safety and health.
3. Workers’ Right to Report Accidents.
Workers and their representatives shall have the right to report accidents, dangerous occurrences, and hazards to the employer, to DOLE and to other concerned competent government agencies. They shall be free from any form of retaliation for reporting of any accident.
Reporting of accidents to DOLE may be made through any means of communication, including the DOLE hotline, whichever is most convenient to the worker. The same may be reported to the nearest DOLE Regional, Field, Provincial or Satellite Office having jurisdiction over the place of the incident.
4. Workers’ Right to Personal Protective Equipment (PPE)
Every employer, contractor or subcontractor, if any, shall provide his/her workers, free of charge, PPE for any part of the body that may be exposed to hazards, and lifeline, safety belt or harness, gas or dust respirators or masks, and protective shields whenever necessary by reason of the hazardous work process or environment, chemical, radiological, mechanical, and other irritants or hazards capable of causing injury or impairment in the function of any part of the body through absorption, inhalation or physical contact. The cost of PPE shall be part of the safety and health program which is a separate pay item.
All PPE shall be of the appropriate type as tested and approved by the DOLE based on its standards and/or other means of verification.
The usage of PPE in all establishments, projects, sites and all other places where work is being undertaken shall be based on the evaluation and recommendation of the safety officer as a result of the workplace hazard assessment.
All PPE be of appropriate size, weight, and type to specific workers exposed so hazards from which PPE are meant to ensure effective protection. Issuance of PPE shall be supplemented by training on the application, use, handling, cleaning and maintenance of said PPE in accordance with the manufacturer’s recommendations.
Failure to provide appropriate PPE in high risk activities shall give rise to the right of
the worker to refuse unsafe work.
Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/0917-5772207.
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