R.A. 11058 Info Series
The OSH Law has a matrix indicating the administrative fines that may be imposed for “willful” non-compliance of said law and its Implementing Rules and Regulations (IRR) under D.O. 198-18.
What is meant by “willful”? It means that the failure or refusal to comply with the OSH law is done voluntarily, deliberately or intentionally. In layman’s terms, the employer has ignored compliance orders repeatedly despite orders and or notices from the DOLE or DOLE representatives; or has not shown any intention or willingness to comply with OSH rules and regulations.
The prohibited acts are listed below, under Chapter VI, Sec. 29 of DO 198-18.
| OSH Provisions | Adm. Fin |
| Registration of establishment to DOLE | P20,000.00 |
| Provision of job safety instruction or orientation prior to work | P20,000.00 |
| Provision of workers’ training (first aid, mandatory workers training, mandatory OSH training for SOs and OH personnel) | P 25,000.00 |
| Provision of safety signage and devices | P 30,000.00 |
| Provision of medical supplies, equipment and facilities | P 30,000.00 |
| Submission of reportorial requirements as prescribed by OSH standards | P 30,000.00 |
| Provision of safety officer and/or OH personnel | P40,000.00 |
| Provision of certified personnel or professionals required by the OSH standards | P40,000.00 |
| Establishment of a safety and health committee | P40,000.00 |
| Formulation and implementation of a comprehensive safety and health program | P40,000.00 |
| Provision of information on hazards and risks (absence of chemical safety data sheet, no written SOP in materials handling, lifting, etc., no permitting system for confined spaces/hot works, no lock-out/tag-out system, etc.) | P40,000.00 |
| Provision of sanitary and welfare facilities | P40,000.00 |
| Use of approved or certified devices and equipment for the task | P 50,000.00 |
| Provision of PPE or charging devices and equipment for the task | P 50,000.00 |
| Compliance with DOLE issued WSO | P 50,000.00 |
| Compliance to other OSH standards | P40,000.00 |
An employer, contractor, or sub-contractor, who is found to have repeatedly violated the same prohibited act shall be penalized the corresponding fine plus an additional fifty (50%)thereof for every instance of repeat violations.
In addition, if any of the following is present and there is non-compliance, penalty is One Hundred Thousand (P100,000.00) is to be imposed, separately and in addition to the daily administrative fine imposed above:
- Repeated obstruction , delay or refusal to provide the Secretary of DOLE or his authorized representative , access to the covered workplace, or refusal to provide or allow access to relevant records and documents or obstruct the conduct of any investigation of any fact necessary in determining compliance with OSH Standards.
- Misrepresentation in relation to adherence to OSH Standards, knowing such statement. Report of record submitted to DOLE to be false in any material aspect;
- Making retaliatory measures such as termination of employment, refusal to pay, reducing wages and benefits in any manner discriminatory against any worker who has given information relative to the inspection being conducted.
Furthermore, the penalty to be imposed can be P100,000.00, if the violation exposes the worker to death, serious injury or serious illness.
Should there be two or more violations, all penalties shall be imposed, provided that the total daily penalty shall not exceed P100,000.00.
Penalties shall be computed on a daily basis until full compliance. Reckoning shall be from the dates of the notice of violation or service of the compliance order to the employer, without prejudice to the filing of case/s in appropriate courts. Fines would be separate from fines that may also be imposed by other government agencies.
For example, repeatedly refusing access by authorized DOLE representatives to the workplace can invite an imposable fine of P100,000.00 per day until access is provided. If access will take place only after 3 days, then the penalty will increase to P300,000.00. if there are other violations like the worker involved has not undergone the proper OSH orientation before work, then another fine in the amount of P20,000 will be imposed. However, the law also provides for P100,000.00 maximum penalty per day, so the P100,000.00 fine PER DAY will hold true until the violation has been corrected.
The fines may look formidable at first but DOLE says it is only a last resort, targeting only the more “stubborn” employers. Compliance is still the objective. As such, DOLE has made interventions to assist companies comply with the OSH law. For example, there are now four levels of Safety Officers (from 1 to 4) taking into consideration the risk classification as well as the number of workers employed; there are now only three types of safety and health committees based on risks and number of workers; the course outlines for SO1 has been publicized; and there is a template on the OSH Program found in the BWC website. All a company to do is to use the template as model- include those that are applicable in their workplace and disregard those that are not.
In addition, penalties are not automatically or immediately imposed. For most of the violations, the maximum length of time for compliance is 90 days or about 3 months. Only in non-compliance involving personal protective equipment (PPEs) is the three-day rectification period imposed.
To reiterate, the full title of the law is “An Act Strengthening Compliance with the OSHS and Providing for Penalties for Violations Thereof”. Compliance is the KEY. Establishments doing so can lower their losses due to deaths and serious injuries of their workers, but can look forward to better protecting their other physical assets, company buildings, facilities, vehicles and machinery/ies. No more repeat of disastrous accidents like in Valenzuela, Cavite and Davao.
