DEPARTMENT ORDER NO.
13
Otherwise Known as The Guidelines Governing Occupational Safety and Health in
The Construction Industry
The objectives of this D.O. 13 are to ensure the protection and welfare of workers
in the construction industry, protection and welfare of the general public within
and around the immediate vicinity of any construction site. The promotion of
harmonious employer-employee relationships in the construction industry. To
take into consideration industry practices and applicable government
requirements.
SECTION 1: Definition of Term
There 26 terms as used in the guidelines were defined in order to clarify
their meaning and to distinguish them from similar terms as defined in
other issuances. To highlights some of the terms are the following.
Construction Safety and Health Committee - the general safety
and health committee for a construction project site that shall be
the overall coordinator in implementing the Occupational Safety
and Health programs.
Construction Safety and Health Officer - any employee/worker
trained and, in addition to their regular duties and responsibilities,
tasked by his employer to implement occupational safety and
health programs in accordance with the provisions of Occupational
Safety and Health Standards.
Construction Safety and Health Program - a set of detailed rules to
cover the processes and practices that shall be utilized in a specific
construction project site in conformity with the Occupational Safety
and Health Standards including the personnel responsible and the
violations thereof.
Emergency Health Provider - any person or organization who is
certified or recognized by the DOH and who can provide the same
or equivalent emergency health services as an emergency hospital,
including emergency treatment of workers on site, emergency
transport and care during transport of injured workers to the
nearest hospital, with adequate personnel, supplies and facilities
for the complete immediate treatment of injuries or illnesses.
Imminent Danger - a condition or practice that could reasonably be
expected to cause death or serious physical harm before
abatement under the normal enforcement procedures can be
accomplished.
Toolbox meeting or gang meeting – daily meeting among workers
and their respective supervisors for the purpose of instruction,
discussion and proper briefing on the planned work, the
assessment of past work, the possibility or occurrence of accidents
at the site, tips and suggestions on how to prevent possible
accidents and other related matters.
SECTION 2: Jurisdiction
The Department of Labor and Employment (DOLE) Secretary, by virtue of
Article 162 of the Labor Code of the Philippines has the authority to issue
appropriate laws related to the administration and enforcement of
occupational safety and health standards in all establishments and
workplaces wherever they be located.
SECTION 3: Delegation of Authority and Accreditation
DOLE has the power to delegate some enforcement powers to other
government agencies and to private organizations provided they have
adequate personnel and facilities.
SECTION 4: Coverage
This guideline shall apply to all construction activities, including involved in
demolition works whether owned by the government and private sector.
SECTION 5: Construction Safety and Health Program
Every construction project shall have a suitable Construction Safety and
Health Program, which must be in accordance with these rules and other
orders and issuances issued by the DOLE. The Construction Project
Manager, or in his absence, the Project Manager shall be responsible for
the compliance of Construction Safety and Health Program. The
Construction Safety and Health Program shall be executed and verified by
the Construction Project Manger or Project Manager. This shall be
submitted to the Bureau of Working Condition (BWC) which may approve,
disapprove or modify the same according to existing laws, rules, and
regulations and other issuances by the DOLE. The cost shall be integrated
into the project cost, provided it shall be a separate pay item.
SECTION 6: Personal Protective Equipment
The employer shall, at his own expense must provide adequate and
approve types of Personal Protective Equipment (PPE) appropriate for the
exposure and the work to pe be performed. The provision of PPE shall be in
accordance with Rule 1080 of Occupational Safety and Health Standards
(OSHS).
SECTION 7: Safety Personnel
To ensure that a Construction Safety and Health Program is duly followed
and enforced, each construction project site is required to have the
minimum required safety personnel. General contractor must provide for a
full-time officer to oversee the overall management of the Construction
Safety and Health Program. The general contractor must provide for one (1)
Construction Safety Health Personnel for every ten (10) units of heavy
equipment deployed or utilized to the project site. All safety personnel who
will be deployed. All safety personnel who will be employed by an employer
on full-time basis should be accredited by BWC of the DOLE.
SECTION 8: Emergency Occupational Health Personnel and Facilities
Employer shall have the in the construction site the required minimum
inventory of medicines, supplies and equipment. Access to the nearest
medical/dental clinic located within the 5 kilometers radius from the
workplace and can be reached in 25 minutes of travel. Such access shall
include the necessary transportation. In such situation, there shall be
written contract or memorandum of agreement (MOA) with the
medical/dental clinic to attend to such workplace emergencies.
SECTION 9: Construction Safety Signages
Signages must be posted in prominent positions at strategic locations and,
as far practicable, be the language understandable to the most workers
employed. Signages must be provided to warn & inform workers and public
of the existing hazards at the workplace. Signages should be properly
maintained and visible.
SECTION 10: Safety on Construction Heavy Equipment
All heavy equipment assigned at the project site must be tested and
certified in accordance with the standard trade test prescribed by TESDA in
coordination with its accredited organization/s. All heavy equipment must
be tested and certified in accordance with the standards prepared by DOLE
or its recognized organization/s prior to commissioning of the said
equipment. Operators shall conduct daily routine inspection of heavy
equipment deployed at site. Equipment owner shall maintain a separate
logbook for the data maintenance, repairs, tests, and inspections for each
heavy equipment.
SECTION 11: Construction Safety and Health Committee
All construction sites must have a general Construction Safety Health
Committee of safety and health representatives from each subcontractor.
The construction manager shall head the committee. Each subcontractor
shall have its own safety and health committee based on the existing
requirements of Occupational Safety Health Standards.
Safety and Health Committee
Composition
Chairperson: Project Manager
Secretary: General Construction Safety and Health
Officer
Members: Construction Safety and Health Officers
Safety Representative from Subcontractor
Health Personnel
Workers’ Representative
Duties
Direct accident prevention efforts in accordance with rules/program
Supervise the conducts toolbox meting everyday
Assist government inspectors
Review inspection and accident investigation reports
Prepare and submit to DOLE minutes of committee meetings, work
accidents and illnesses and other reporting requirements
Initiate/ supervise safety and health training for employees
Develop and maintain a disaster contingency plan
SECTION 12: Safety and Health Information
A detailed safety and health information system is included in the
guidelines. These include orientation, instructions and training for workers;
means of conveying safety related information to all workers and
specialized instructions and trainings for specialty workers and operators.
SECTION 13: Construction Safety and Health Training
All safety personnel involved in construction project shall be required to
complete a forty (40) hours training course as prescribed by BWC. A
continuing construction safety and health training to all technical shall be
given. Continuing training shall be minimum of sixteen (16) hours per year
for every full-time safety personnel.
SECTION 14: Construction Safety and Health Reports
The monthly submission summary reports to DOLE, is required. The
summary report shall include safety committee meeting agreements,
accident investigation reports and periodic hazard assessments with the
corresponding remedial measures/actions for each hazard. Notification of
major accidents to DOLE within 24 hours.
SECTION 15: Construction Workers Skills Certificate
Skills certificate shall be required for construction related occupations
which have been classified as “Critical Occupations” by TESDA.
An occupation shall be considered critical:
When it may affect and endanger people’s lives and limbs
When it involves the handling of hazardous tools, equipment and
supplies
When it requires a relatively long period of education and training
When the performance of the job may compromise the safety,
health and environmental concerns within the immediate vicinity
of the construction site.
SECTION 16: Workers’ Welfare Facilities
The employer shall provide for adequate supply of safe drinking water,
adequate sanitary and washing facilities in order to ensure humane
conditions of work.
SECTION 17: Cost of Construction Safety and Health Program
The total cost of Construction Safety and Health Program shall be a
mandatory integral part of the project’s construction cost. It shall be
treated as separate pay item and reflected in the project’s bid tender
documents.
SECTION 18: Miscellaneous
All provisions of other existing occupational safety and health standards,
rules and regulations not specifically provided herein shall remain in full
force and effect.
SECTION 19: Violations and Penalties
As circumstances may warrant, DOLE shall refer to PCAB its findings, after
due process, an any act or omission committed by construction contractors
in violation of labor standards, safety rules and regulations and other
pertinent policies.
In cases of imminent danger situations, the DOLE shall issue stoppage
order, in conformance with the guidelines of the OSHS and other pertinent
issuance for stoppage of operation or for other appropriate action to abate
the danger.
SECTION 20: Effectivity
The guidelines shall be immediately effective 15 days after publication in
newspaper of general circulation, as provided in Article 5 of the Labor Code.
DO 13 was signed on July 23, 1998 and published on August 1, 1998 in the
Philippine Daily Inquirer and on August 3, 1998 People’s Tonight.