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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 a lawyer or you may directly contact and consult Alburo Alburo and Associates Law Offices to address your specific legal concerns, if there is 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.
AT A GLANCE:
The State shall protect every worker against injury, sickness or death through safe and healthful working conditions thereby assuring the conservation of valuable manpower resources and the prevention of loss or damage to lives and properties consistent with national development goals, and wit the State’s commitment to the total development of every worker as a complete human being. (Section 1, Republic Act No. 11058)
The importance of safety and accident prevention cannot be overstated. As businesses strive for productivity and growth, ensuring the well-being of employees remains a top priority. Republic Act No. 11058 emphasizes the shared responsibility of employers, workers, and other persons in creating a safe and healthy workplace.
Duties of Employers
- Provide a Safe Workplace: Ensure that the workplace is free from hazardous conditions that may cause harm to employees and implement measures to prevent accidents and injuries.
- Compliance with OSH Standards: Adhere to the Occupational Safety and Health Standards set by the Department of Labor and Employment (DOLE) and regularly update safety protocols to comply with current standards.
- Information Dissemination: Provide clear and understandable information about safety standards and procedures to all employees and conduct training programs to educate workers on potential hazards and safety measures.
- Safety Committee: Establish a Safety and Health Committee in the workplace and regularly convene safety meetings to discuss and address safety concerns.
- Record Keeping: Maintain records of work-related illnesses, injuries, and accidents and report to the appropriate government agencies as required.
- Provision of Personal Protective Equipment (PPE): Provide necessary PPE to workers at no cost and ensure that PPE is properly maintained and replaced when necessary.
- Health Surveillance: Conduct health surveillance to monitor the health status of employees, especially those exposed to hazardous substances.
- Emergency Preparedness: Develop and implement emergency response plans and conduct regular drills to ensure that employees are familiar with emergency procedures.
- Access to OSH Services: Provide access to occupational safety and health services, including medical examinations.
- Non-Discrimination: Ensure that workers are not discriminated against for raising safety concerns or participating in safety programs.
Duties of Workers
- Compliance with OSH Standards: Follow safety protocols and standards set by the employer and OSH regulations and attend OSH training programs provided by the employer.
- Use of PPE: Properly use and maintain the personal protective equipment provided by the employer and report any defects or issues with PPE.
- Report Hazards: Report any unsafe or hazardous conditions to the employer or immediate supervisor and participate in identifying and correcting workplace hazards.
- Participate in OSH Programs: Actively participate in safety and health programs initiated by the employer and contribute to the success of safety and health committees.
- Non-Interference: Do not engage in actions that may interfere with the implementation of OSH programs and cooperate with investigations related to safety and health concerns.
Duties of Other Persons
- Contractors and Subcontractors: Comply with OSH standards applicable to their scope of work and coordinate with the principal employer regarding safety measures.
- Suppliers and Manufacturers: Provide clear information on the proper use and potential hazards of products and ensure that products comply with safety standards.
- Visitors: Comply with safety regulations while on the premises and follow safety instructions provided by the employer.
- Government Agencies: Conduct inspections to ensure compliance with OSH standards and provide assistance and guidance to employers and workers for OSH compliance.
Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries regarding taxation and taxpayer’s remedies, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/0917-5772207.
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