[ DOLE DEPARTMENT ORDER NO. 16, (SERIES OF 2001), DECEMBER 18, 2001, January 22, 2002 ]

DOLE DEPARTMENT ORDER NO. 16, (SERIES OF 2001)RULE 1030 TRAINING AND ACCREDITATION OF PERSONNEL ON OCCUPATIONAL SAFETY AND HEALTH



In the interest of the service and pursuant to the provisions of Article 162, Book IV of the Labor Code of the Philippines, the following amendments to Rule 1030 of the Occupational Safety and Health Standards are hereby promulgated:

Rule 1030 TRAINING AND ACCREDITATION OF PERSONNEL ON OCCUPATIONAL SAFETY AND HEALTH

RULE 1031: General Provisions:

1) The Bureau, either directly or through accredited organizations or the OSHC or other institutions authorized by law shall conduct continuing programs to increase the supply and competence of personnel qualified to carry out the provisions of these Standards.

2) The Bureau shall prescribe the required training programs which shall, in consultation with the OSHC or other institutions authorized by law and other technical societies, contain provisions requiring the incorporation into the training programs of the latest trends, practices and technology in occupational safety and health.

RULE 1032: Definitions:

1) Safety Officer - refers to any employee/worker trained and tasked to implement occupational safety and health programs in the workplace in accordance with the provisions of the Standards and shall be synonymous to the term "Safety Man" as used in these Standards.

2) Occupational Safety and Health Personnel - refers to-Physician, Nurse, Dentist, Chemist, Engineers, Safety Officer, First-Aider and other persons engaged by the employer to provide occupational safety and health services as required by the Standards.

3) Practitioner in Occupational Safety and Health - refers to any qualified person as assessed and duly-accredited by the Bureau to practice and render occupational safety and health services in a defined and specific scope or core competency.

4) Occupational Safety and Health Consultant - refers to any practitioner in occupational safety and health or group of persons or organizations duly-accredited by the Bureau to practice, perform and/or render consultative and/or advisory services on occupational safety and health in at least two (2) fields of specialization as enumerated in Annex "A".

5) Trainer - refers to a person who facilitates learning situation in one or more topics in an occupational safety and health training.

6) Training Organization - refers to an institution accredited or authorized by law to conduct training in a particular field or a combination of fields on occupational safety and health.

7) Hazardous Establishment - refers to a establishment where work operations or practices performed by a worker in the establishment or workplace in conjunction with or as an incident to such operations or practices and which expose the employee or worker to hazards likely to cause disabling injury, illness, death or physical or psychological harm.

8) Highly Hazardous Establishment - is one where potential hazard within the company may effect the safety and/or health of workers not only within but also persons outside the premises of the workplace. The following are workplaces commonly associated with potentially high hazardous activities:

a) Petrochemical works and refineries;

b) Chemical works and chemical production plants;

c) LPG storage and materials;

d) Stores and distribution center for toxic/hazardous chemicals;

e) Large fertilizer stores;

f) Explosives factories;

g) Works in which chlorine is used in bulk;

h) Activities closely similar to the activities enumerated above; and

i) Activities as determined by the Bureau in accordance with existing issuances related to classification of establishments

RULE 1033: Training and Personnel Complement:

The minimum qualifications, duties and number of required safety and health officers shall be as follows:

1) All safety officers must complete the Bureau-prescribed training course prior to their appointment as in their respective places of employment.

2) All full-time safety officers must meet the requirement of duly-accredited Safety Practitioners or Safety Consultants by the Bureau.

3) Not less than the following number of supervisors or technical personnel shall take the required trainings and shall be appointed as a safety officer on a full-time or part-time basis, depending on the number of workers employed and the hazardous or non-hazardous nature of the workplace pursuant to Rule 1013 of these Standards.

a) For hazardous workplaces:

Number of Workers Minimum Number of Safety Officers

Hazardous Highly Hazardous

1-50 One (1) part-time One (1) full-time

51-200 One (1) full-time One (1) full-time and

One part-time

201-250 One (1) full-time and Two (2) full-time

one (1) part-time

251-500 Two (2) full-time Two (2) full-time and

One part-time

Every additional 500 One (1) additional

or fraction thereof full-time

Every additional 250 One (1) additional

or fraction thereof full-time

b) For non-hazardous workplaces:

Number of Workers Minimum number of Safety

Officers

1-250 One (1) part-time

251-500 Two (2) part-time

501-750 One (1) full-time

751-1000 Two (2) full-time

Every additional 500 or fraction One (1) additional full-time

thereof

4) Duties of the Safety Officer: The duties of the safety officer are specified under Rule 1040 of these Standards. A-part-time safety officer shall be required to perform the duties of safety officer at least six (6) hours per week.

5) The employment of a full-time safety officer may not be required if the employer enters into a written contract with a qualified consultant or consulting organization whose duties and responsibilities shall be the duties of a safety practitioner as stated in these Rule. The employment of a consultant, however, will not excuse the employer from the required training of his supervisors or technical personnel.

RULE 1034: Accreditation:

The Secretary, upon the recommendation of the Bureau Director, may accredit any qualified safety and health consulting and training organization and, through the Bureau, may issue accreditation to any qualified safety and health personnel, individual to carry out the provisions of these Standards.

1034.01: Requirements for Accreditation of a Practitioner in Occupational Safety and Health

Any application for accreditation shall satisfy the enumerated requirements:

A. Practitioner in Occupational Safety and Health

1. The individual must have completed the 40-hour Basic Occupational Safety and Health Training Course as prescribed by the Bureau;

2. Must have at least three (3) years of relevant experience in occupational safety and health;

3. Must possess the minimum qualifications stated under Rule 1964.01 nos. 1 to 5, whichever may be applicable; and

4. Must be duly-licensed to practice his/her profession in the Philippines;

5. If the applicant is a graduate of any 4 or 5-year college course without a license, he/she must have at least four (4) years relevant experience in any of the sub-components in a field of specialization as enumerated in Annex "A"; and

6. If the applicant is a college undergraduate he/she must have at least ten (10) years relevant experience in occupational safety and health.

B. Consultant in Occupational Safety and Health

1. The applicant must be an accredited practitioner for at least five (5) years with experience in at least two (2) fields of specialization enumerated in Annex "A".

2. Must have experience in policy formulation and development, monitoring and evaluation, and implementation of occupational safety and health management systems.

3. Must have completed the 80-hour Advanced Occupational Safety and Training Course as prescribed by the Bureau; and

4. Must have earned an additional 480 hours of training/seminar or related learning processes in various fields of occupational safety and health from accredited organizations or institutions authorized by law.

C. Occupational Safety and Health Consulting Organization

1. The applicant must be composed of two or more accredited occupational safety and health consultants.

2. Must submit a certified true copy of business registration, licenses, and permits to operate.

3. Must submit the organization's profile.

D. Occupational Safety and Health Training Organization

1. A Bureau-prescribed and/or approved course of study shall be used or followed by accredited organizations. Any deviation from the prescribed training must be with the previous approval of the Bureau.

2. The organization must provide adequate training facilities that include safety and health-related equipment, manuals and modules, library, training rooms, audio-visual and other training resources and paraphernalia.

3. Trainers must be composed of persons with the following qualifications:

a) Must have completed the 40-hour basic occupational safety and health training course;

b) Must have completed at least 24 hours of a Training of Trainers course; and

c) Must have at least three (3) years of experience in the design, conduct and evaluation of any OSH training program

4. The applicant must submit certified true copies of business registrations, licenses, and permits to operate.

5. Submission of the organization's profile.

1034.02: Issuance and validity of certificate of accreditation and identification card

After evaluation and verification by the Bureau, a certificate of accreditation valid for three (3) years and an identification card shall be issued to any applicant who has satisfactorily met all the requirements specified in this rule, and upon payment of the prescribed fee as provided for under Rule 1974 of the Standards.

1034.03: Duties and responsibilities of Practitioners in Occupational Safety and Health

A. Practitioners in Occupational Safety and Health

1. To develop, implement and promote occupational safety and health programs in the workplace.

2. To advise and assist the employer in complying with the provisions of the Standards, especially in the submission of the reporting requirements.

3. To perform at least a quarterly appraisal/assessment of the implementation of occupational safety and health programs in the workplace

4. To prepare an annual report of safety and health programs of establishments.

5. To be present during the scheduled safety inspections by authorized government agents and as requested during regular health and safety committee meetings.

6. For Occupational Health Personnel, the duties shall be in accordance with Rule 1960.

B. Occupational Safety and Health Consultants/Consulting Organizations

1. To assist, advise or guide the employer in complying with the provisions of these Standards, or including the development of health and safety programs.

2. To make at least a quarterly appraisal of programs and safety performance of the establishment, including the activities of the health and safety committee.

3. In the absence of a Safety Officer, to be present during scheduled safety inspections by authorized government agents and as requested during regular health and safety committee meetings and to render at least six (6) hours of service a week in the establishment in the performance of these activities.

4. To advise and assist the employer in complying with the reporting requirements of the Standards.

C. Duties and Responsibilities of OSH Training Organizations

1. To develop, monitor and evaluate their training programs on occupational safety and health.

2. To conduct continuing OSH programs to increase the number of competent and qualified personnel/individuals to implement the provisions of the Standards.

3. To submit to the Bureau the following requirements:

a) Yearly calendar of training activities;

b) List of trained individuals, training content and names and topics speakers/lecturers, five (5) days after the conduct of every training

c) Program on updating trainer's knowledge and skills.

1034.04: Renewal of Accreditation

Accreditation for practitioners and consultants shall be renewed every three (3) years upon compliance of the following:

1. Submission of updated bio-data with recent passport size and 1x1 pictures.

2. Presentation of original and submission of certified true copies of additional and relevant occupational safety and health training certificates.

3. Submission of annual performance report as certified by the employer/s/clients.

4. Payment of renewal/annual fee.

Accreditation for both training and consulting organizations shall be renewed every three (3) years upon compliance of the following:

1. Submission of an updated organization profile.

2. Submission of calendar of trainings or services and other related OSH activities.

3. Submission of an annual accomplishment report on trainings conducted (Safety Training Organization) and consultancy services provided (Consulting Organization).

4. Submission of an updated resume of trainers (for Safety Training Organization) and consultants (for Consulting Organizations).

5. Submission of photocopy of certificate of accreditation.

6. Submission of monitoring and evaluation reports, and

7. Payment of renewal/annual fee.

1034.05: Suspension/Cancellation of Accreditation

Accreditation of OSH practitioner/consultant/consulting/training organization maybe suspended or cancelled by the Secretary after due process and upon the recommendation of the Director for any of the following reasons:

Suspension:

1. Inactive as Occupational Safety and Health practitioner/consultant/training/consulting organization for three (3) consecutive years.

2. Failure to renew accreditation with the Bureau on or before the anniversary date of the original accreditation.

3. Non-compliance with the provisions or other requirements of this rule.

Cancellation:

1. Convicted for criminal offense involving moral turpitude.

2. Violation of professional ethics.

3. Two consecutive suspensions.

Reactivation:

An appeal for reactivation of suspended accreditation shall be filed with the Bureau for consideration.

1035: Audit System:

A regular audit shall be done by the Bureau to determine compliance with the Provisions of Rule 1034.

1036: Prohibition in the Practice of Occupational Safety and Health

1. No person or organization shall be allowed, hired or otherwise employed as a practitioner/consultant in the practice of occupational safety and health unless the requirements of this rule are complied with.

2. Foreign nationals may be issued accreditation upon compliance with the provisions of this rule and subject to the requirements of existing Philippine Laws and Regulations.

All policy issuances, rules and regulations or part/s thereof inconsistent with any provision of this Order is hereby repealed, modified, superseded or amended accordingly.

The abovementioned amendments shall take effect fifteen (15) days after announcement of their adoption in a newspaper of general circulation.

Adopted: 18 December 2001.

RULE 1030: ANNEX "A"

MAJOR FIELDS OF SPECIALIZATION OF PRACTITIONERS AND CONSULTANTS ON OCCUPATIONAL SAFETY AND HEALTH:

A. Occupational Safety And Health Practitioners

1. Occupational Health Practitioner, such as:

- Occupational Health Physician

- Occupational Health Nurse

- Dentist

2. Occupational Hygiene Practitioner

3. Occupational Safety Practitioner in the following industry group:

- Agriculture

- Fishing

- Mining and Quarrying

- Manufacturing (under the following divisions):

a. Food Products and Beverages

b. Tobacco Products

c. Textiles

d. Wearing Apparel

e. Tanning and Dressing of Leather; Manufacture of Luggage, Handbags and Footwear

f. Wood, Wood Products and Cork, Except Furniture; Manufacture of Articles of Bamboo Cane, Rattan and the like; Manufacture of Plaiting Materials

g. Paper and Paper Products

h. Publishing, Printing and Reproduction of Recorded Media

i. Coke, Refined Petroleum and Other Fuel Products

j. Chemicals and Chemical Products

k. Rubber and Plastic Products

l. Other Non-Metallic Mineral Products

m. Basic Metals

n. Fabricated Metal Products, except Machinery and Equipment

o. Machinery and Equipment

p. Office, Accounting and Computing Machinery

q. Electrical Machinery and Apparatus

r. Radio, Television and Communication Equipment and Apparatus

s. Medical, Precision and Optical Instruments, Watches and Clocks

t. Motor Vehicles Trailers and Semi-Trailers

u. Other Transport Equipment

v. Repair of Furniture

w. Recycling

x. Manufacturing

- Electricity, Gas and Water Supply

- Construction

- Wholesale and retail trade; repair of motor vehicles, motorcycles and personal and household goods

- Hotels and restaurants

- Transport, storage and communication in the following division:

a. Land transport; Transport Via Pipelines

b. Water Transport

c. Air Transport

d. Supporting and Auxiliary Transport Activities; Activities of Travel Agencies

e. Post and Communications

- Financial Intermediation

- Real Estate, Renting and Business Activities

- Public Administration and Defense; Compulsory Social Security

- Education

B. Occupational Safety And Health Consultants:

1. Occupational Health Consultant -

Specific area of specialization/s:

- Occupational epidemiology and bio-statistics

- Occupational medicine

- Worker's rehabilitation

- Toxicology and risk assessment

- Ergonomics

- Women's health and reproductive hazards

- Maritime health

- Health of working children and other vulnerable sectors

2. Occupational Hygiene Consultant -

Specific area of specialization/s:

- Analytical chemistry

- Industrial ventilation

- Work exposure assessment

- Work environment control/workplace improvement

3. Occupational Safety Consultant

Specific area of specialization/s:

- Fire prevention and control

- Machine safety

- Electrical safety

- Materials handling and storage

- Construction safety

- Accident/damage analysis

- Safety programming

- Safety inspection

- Accident investigation

- Safety audit

- Safety program evaluation