INTRAMUROS – On 14 June 2023, the DOLE Bureau of Labor Relations convened a hybrid special meeting of the Technical Executive Committee (TEC) for the review of Department Order No. 198, Series of 2018, Implementing Rules and Regulations (IRR) of Republic Act No. 11058 or An Act Strengthening Compliance with Occupational Safety and Health Standards and Providing Penalties for Violations Thereof.
Representatives from the government sector (DOLE-BWC, DOLE-BLR, and OSHC) and representatives from the labor (AWATU, AGLO, NAPC-FLMW, CLC, PMA, NUBE, FUR-TUCP, CWP, PDMP, KILUSAN-TUCP, CLC) and employer sector (ECOP, FFCCCII) are present during the special meeting, other participants are joined through Zoom.
The amendment is pursuant to DOLE Administrative Order No. 227 s. 2022, with the intention to further clarify the implementation of DO 198-18 and ensure compliance of establishments, projects, sites, and all other places of work to OSH standards.
Director Alvin B. Curada of the DOLE-Bureau of Working Conditions (BWC) presented the Occupational Safety and Health (OSH) compliance rate of establishments covered by the Labor Inspection Program from 2018 to 2022, featuring the compliance rates by region, employment size, and industry to give context to the review of the IRR.
Director Curada also discussed the outline and salient features of the proposed amendments to the IRR of RA 11058 – (1) OSH by Employment Size (Micro, Small, Medium, Large), (2) OSH for Specific Sectors, (3) OSH Committee for Building Complex, (4) OSH in Alternative Workplaces, (5) Graduated Penalties, (6) Incentivization of compliance initiative of different enterprises under incentives and assistance programs.
Moreover, he tackled the proposed standard requirement for OSH personnel (First Aider, Safety Officer, OH Nurse, OH Dentist, OH Physician) and OSH facilities depending on every establishment’s risk level and employment size.
During the open forum, labor sector representatives specifically looked at Section 6 of DO 198-18, proposing granting workers the ability to refuse work if they identify an imminent hazard in the workplace without fear of reprisal.
“Kapag nakakita ang workers doon sa specific workplace ng imminent danger, atras sila. Bago nila tawagin yung safety officer. Hindi yung nakita na yung imminent danger saka lang tatawagin yung safety officer tapos he will evaluate. Dapat atras muna ang lahat then the safety officer evaluates kung safe ang workplace.” Mr. Rolando Librojo, from the labor sector added.
Furthermore, the labor sector requested for the OSH Orientation to be included in the pre-employment requirements of newly hired employees. OSHC Executive Director Ma. Teresita S. Cucueco, however, clarified that the orientation should be provided during the course of employment because it is the safety officer’s responsibility to orient newly hired personnel based on the workplace’s risk and hazard level, as provided in Chapter III, Section 4 of DO 198-18.
The committee agreed to strengthen the provision regarding job safety instructions and proper orientation for all workers.
The special meeting concluded with the recommendation that the provisions, articles, and sections with no contentions be adopted, while the sections with comments be discussed further, and the secretariat noted additional comments from the committee for the next meeting.
The special meeting of the Technical Executive Committee (TEC) for the review of Department Order No. 198, Series of 2018 continued on 20 June 2023.
The TEC is the technical workhorse of the National Tripartite Industrial Peace Council (NTIPC) that pre-process policies, issues, and concerns and submits recommendations for approval of the NTIPC. It also monitors, performs, or implements activities and projects as approved by the NTIPC.
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