OSH Law Schedule of Penalties
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 DOLE Department Order No. 198, S. 2018.
Pursuant to DO No. 198, the DOLE Secretary and his representatives (through the Bureau of Working Conditions) is empowered to conduct spot audits and can enter workplaces (which include production sites) at any time of the day or night where work is being performed to examine records and investigate facts, conditions or matters necessary to determine compliance with OSH rules and regulations, and in the case of the Safe Filming, to the FDCP-DOLE Joint Memorandum Circular (JMC). DOLE may order a stoppage of work or suspension of operations of any unit or department when non-compliance poses grave and imminent danger to the safety and health of workers in the workplace.
Employment or his/her authorized representative shall be penalized of the administrative fines as follows:
|Registration of establishment to DOLE||P20,000.00|
|Provision of job safety instruction or orientation prior to work||P20,000.00|
|Provision of worker’s training (first aid, mandatory workers training, mandatory OSH training for safety officers and health personnel)||P25,000.00|
|Provision of safety signage and devices||P30,000.00|
|Provision of medical supplies, equipment and facilities||P30,000.00|
|Submission of reportorial requirements as prescribed by OSH standards||P30,000.00|
|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 risk (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||P50,000.00|
|Provision of PPE or charging of provided PPE to workers||P50,000.00|
|Compliance with DOLE issued WSO||P30,000.00|
|Compliance to other OSH standards||P40,000.00|
Failure or refusal to comply with OSH standards or compliance order shall be deemed willful when done voluntarily, deliberately and intentionally.
An employer, contractor or subcontractor who is found to have repeatedly violated the same prohibited act shall be penalized of the corresponding fine plus an additional fine equivalent to fifty percent (50%) thereof for every instance of repeat violation.
If any of the following acts is present and there is non-compliance, the penalty of one hun&d thousand pesos (Pl00, 000.00) administrative fine shall be imposed separate and in addition to the daily administrative fine imposed above:
- Repeated obstruction, delay or refusal to provide the Secretary of Labor and Employment or any of its authorized representatives access to the covered workplace, or refusal to provide or allow access to relevant recoups and documents or obstruct the conduct of investigation of any fact necessary in determining compliance with OSH standards;
- Misrepresentation in relation to adherence to OSH standards, knowing such statement, repos or record submitted to DOLE to be false in any material aspect; or
- Making retaliatory measures such as termination of employment, refusal to pay, reducing wages and benefits or in any manner discriminates against any worker who has given information relative to the inspection being conducted.
When the violation exposes the worker to death, serious injury or serious illness, the imposable penalty shall be one hundred thousand pesos (P100, 000.00).
Should there be two (2) or more be non-compliances, all penalties shall be imposed; provided that the total daily penalty shall not exceed one hundred thousand pesos (P 100,000.00).
The penalties shall be computed on a per day basis until full compliance reckoned Tom the date of the notice of violation or service of the compliance order to the employer without prejudice to the filing of a criminal or civil case in the regular courts, as the ease may be. Fines herein imposed shall be without prejudice to the fines imposable by other appropriate government agencies
The Regional Director shall, after due notice and hearing, impose the appropriate administrative fines taking into consideration the damage or injury caused and risk involved including the severity and frequency of the OSH violations and size of the establishment.
Fines collected pursuant to this Rules shall be utilized for the operation of OSH initiatives incentivizing qualified employers and workers in recognition of their efforts towards ensuring compliance with OSH and general labor standards, including OSH training and education as well other inter-governmental programs and activities.