RIGHTS OF WORKERS UNDER REPUBLIC ACT NO. 11058 OR “AN ACT STRENGTHENING COMPLIANCE WITH OCCUPATIONAL SAFETY AND HEALTH STANDARDS AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF”

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• The worker has the right of refusal to work without threat or reprisal from the employer if an imminent danger situation exists in the workplace.
• Workers and their representatives shall have the right to report accidents.
• Every employer shall provide his workers, free of charge, personal protective equipment (PPE).

The State affirms labor as a primary social and economic force, and a safe and healthy workforce is an integral aspect of nation building. Accordingly, REPUBLIC ACT №11058 or “An Act Strengthening Compliance with Occupational Safety and Health Standards and Providing Penalties for Violations Thereof” was passed to ensure a safe and healthful workplace for all working people.

RIGHTS OF WORKERS UNDER REPUBLIC ACT NO. 11058:

- The right to safety and health at work shall be guaranteed. All workers shall be appropriately informed by the employer about all types of hazards in the workplace, provided access to training and education on chemical safety, electrical safety mechanical safety, and ergonomical safety.

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.

Workers and their representatives shall have the right to report accidents, dangerous occurrences, and hazards to the employer, to the DOLE and other concerned government agencies exercising jurisdiction as the competent authority in the specific industry or economic activity.

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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.

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.

Originally published at https://www.alburolaw.com on September 27, 2021.