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This article was originally published on January 27, 2021 and has been updated to reflect recent legal developments.
This article is provided for general informational purposes only and does not create, nor shall it be construed as creating, a lawyer-client relationship between Alburo Alburo and Associates Law Offices (or any of its lawyers) and the reader. For advice on specific legal concerns, you are encouraged to engage the services of a qualified lawyer. You may also directly consult Alburo Alburo and Associates Law Offices for proper guidance tailored to your situation.
The views and information presented herein are based on the laws, rules, and jurisprudence prevailing at the time of writing. They do not take into account subsequent legal developments and should not be relied upon as a substitute for professional legal advice.
AT A GLANCE:
Personal Protective Equipment or PPE refers to specialized clothing or equipment designed to protect employees/workers against safety and health hazards that may cause serious workplace injuries and illnesses. (Section 3(ee), Department of Labor and Employment (DOLE) Department Order No. 252, Series of 2025)
“My courage comes from God’s protection.’ – Michael L. Ceorgoveanu
The term “Personal Protective Equipment” or PPE became widely recognized during the Covid-19 Pandemic. However, PPE is not a new concept, rather, it is a fundamental component of workplace safety. While its use became more visible during the COVID-19 pandemic, the obligation to provide PPE has long been required under labor and occupational safety laws, particularly in industries exposed to various hazards.
What is a Personal Protective Equipment (PPE) ?
PPE refers to specialized clothing or equipment designed to protect employees/workers against safety and health hazards that may cause serious workplace injuries and illnesses. (Section 3(ee), Department of Labor and Employment (DOLE) Department Order No. 252, Series of 2025)
Duties of Employers
Under Section 4(a)(5) of Republic Act No. 11058, employers are required to comply with Occupational Safety and Health (OSH) standards including training, medical examination, and where necessary, provision of protective and safety devices such as personal protective equipment (PPE) and machine guards.
This shows that the provision of PPE is part of the employer’s statutory duty to ensure a safe and healthful workplace.
Who should pay for PPEs?
Under Section 8 of Republic Act 11058 or the Act Strengthening Compliance with Occupational Safety and Health Standards and Providing Penalties for Violations Thereof.
It provides for the worker’s rights to PPEs. It states:
“Section 8. Workers’ Right to Personal Protective Equipment (PPE). – Every employer, contractor or subcontractor, if any, shall provide his workers, free of charge, protective equipment for their eyes, face, hands and feet, and free, and lifeline, safety belt or harness, gas or dust respirators or masks, 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 the PPE shall be part of the safety and health program which is a separate pay item pursuant to Section 20 of this Act. xxx.” (Emphasis Supplied)
Thus, it is clear that the cost of the PPEs shall be shouldered by the employer. The cost of the PPE is treated as part of the operations cost of the employers.
Required Standard of PPE
Section 8 of Republic Act No. 11058 further provides that all PPE shall be of the appropriate type as tested and approved by the DOLE based on its standards. 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.
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 the DOLE, an imminent danger situation exists in the workplace that may result in illness, injury or death, and corrective actions to eliminate the danger have not been undertaken by the employer. (Section 5, Republic Act No. 11058)
Hence, failure to provide the appropriate PPE, especially where exposure to hazards is present, may create an imminent danger situation.
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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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