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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:
Department Order No. 252, Series of 2025 or the Revised Implementing Rules and Regulations (Revised IRR) of Republic Act No. 11058 reinforces worker’s right to safety and health, strengthens employer duties, and aligns workplace compliance with the expanded Occupational Safety and Health standards.
Pursuant to the rule-making authority of the Secretary of Labor and Employment under Section 32 of the Republic Act No. 11058 and under Article 5 of the Labor Code of the Philippines, as renumbered, the Department of Labor and Employment (DOLE) released Department Order No. 252, Series of 2025, or the Revised Implementing Rules and Regulations of Republic Act No. 11058 entitled “An Act Strengthening Compliance with Occupational Safety and Health Standards and Providing Penalties for Violations Thereof” on April 29, 2025.
The Revised Implementing Rules and Regulations (Revised IRR) reinforces worker’s right to safety and health, strengthens employer duties, and aligns workplace compliance with the expanded Occupational Safety and Health standards.
Employees/Workers’ Right to Know
Under Section 5 of the Revised Implementing Rules and Regulations, Employees/workers shall have the right to a safe and healthy workplace. Employers shall inform them appropriately of all types of hazards and risks of exposure in the workplace in a language or dialect they understand. They shall provide access to training and education on chemical safety, including orientation on the safety data sheets of chemicals, chemical emergency preparedness and response, electrical safety, mechanical safety, construction heavy equipment, ergonomics, and other applicable hazards and risks in the workplace. The training and informational materials shall be readily available to every employee/worker.
Occupational Safety and Health Information
Employers, contractors, or subcontractors shall provide employees/workers in all establishments, projects, and all other places where work is being undertaken with adequate and suitable information on the following:
- Workplace hazards and the risk posed to the safety and health of the employees/workers;
- Control mechanisms and other preventive strategies are in place to reduce or minimize the risk of exposure to hazards;
- Appropriate measures for the prevention, control, and protection of employees/workers against hazards, including their location; and
- OSH emergency and disaster management protocols, including proper evacuation and shutdown procedures. (Section 11, DOLE Department Order No. 252, Series of 2025)
Right to Report Accidents
Employees/workers and their representatives have the right to report accidents and dangerous occurrences to their employer, the DOLE, and other competent government agencies. They shall be free from any form of retaliation for reporting such incidents. Accidents can be reported to the DOLE through various convenient communication methods, including calling the DOLE Hotline at 1349. Reports may also be submitted to the nearest DOLE Regional, Provincial, Field, or Satellite Office that has jurisdiction over the incident’s location. (Section 7, DOLE Department Order No. 252, Series of 2025)
Access to Universal Health Care.
Section 13, DOLE Department Order No. 252, Series of 2025 that Employers, contractors, or subcontractors shall ensure that their employees/workers are registered with the National Health Insurance Program and that their contributions are remitted and credited to the Philippine Health Insurance Corporation (PhilHealth) to ensure access to and entitlements for the appropriate health and medical benefits packages pursuant to Republic Act No. 1 1223 or the Universal Health Care Act.
They shall facilitate the registration of their employees/workers with a DOH-licensed and PhilHealth-accredited primary care facility to ensure access to primary health care services and to enable patient navigation and referrals to the Primary Care Facility Network and Health Care Provider Network.
The DOLE shall assist the DOH in developing occupational health (OH) services that may be integrated into primary care services and other related health service packages financed by PhilHealth Employers, contractors, or subcontractors shall refer employees /workers to various facilities, such as DOH-trained hospitals or rural health units, for consultation, screening, testing (e.9., HIV/AlDS, tuberculosis sputum microscopy, Gene Xpert, poison, rabies, hepatitis, and drugs), diagnosis, medication, treatment, and provision of psychosocial support for those requiring mental health services
Welfare Facilities
All establishments, projects, sites, and other work locations shall provide the following free welfare facilities to ensure humane working conditions:
- Adequate supply of safe drinking water;
- Adequate sanitary and washing facilities;
- Suitable living accommodations for employees/workers, as applicable, such as in construction, shipping, fishing, and night shift arrangements pursuant to the issuances of DOLE;
- Separate sanitary, washing, and sleeping facilities for all genders, as applicable;
- Lactation station, except those establishments as provided for under Department Order No. 143, Series of 2015, and its subsequent issuances;
- Facilities to improve access for differently-abled workers, such as ramps, railings, and others; and
- Other workers’ welfare facilities, as may be prescribed by the OSHS and other issuances.
The employer is responsible for ensuring the availability of welfare facilities for the elderly, differently-abled individuals, and vulnerable employees/workers (Section 16, DOLE Department Order No. 252, Series of 2025 ).
Right to Refuse Unsafe Work
Under Section 6, DOLE Department Order No. 252, Series of 2025, Employees/workers have the right to refuse work without threat or reprisal from the employer if an imminent danger exists in the workplace. As a preventive measure, the safety officer may, following their determination and without fear of reprisal, implement a work stoppage or suspend operations in case an imminent danger exists in the workplace. The employer, safety officer, or employee/worker shall immediately notify the DOLE of the situation.
Employees/workers cannot be required to return to work if there is a continuing imminent danger. They may also refuse to work until the WSO issued by the DOLE Regional Director is lifted and the appropriate corrective measures have been implemented.
The DOLE shall conduct an OSH investigation to validate the safety officer’s findings. If the imminent danger situation still exists at the time of the investigation, the WSO shall remain in effect; otherwise, the WSO shall be lifted immediately.
Employees/workers affected by an imminent danger situation may be temporarily reassigned to other areas of operation, provided there are no safety and health issues therein, or may be allowed to render work in alternative or flexible working arrangements.
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Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries regarding legal services, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/ 09175772207/ 09778050020.
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