National Occupational Health and Safety (NOHS) Policy Framework

February 13, 2017

DOH-DOLE-CSC JOINT ADMINISTRATIVE ORDER NO. 0001 S. 2017

 

I. RATIONALE

Global trade liberalization, rapid technological progress, shifting patterns of employment to include migration, changes in work organization practices, such as business process outsourcing, and the size, structure and life cycles of enterprises can all generate new types and patterns of hazards, exposures and risks.

For the year 2011, the Philippines Labor Statistics reported 48,977 occupational injuries; mostly occurring in the manufacturing, wholesale and retail trade, accommodation and food service, construction and agriculture industries. Further, an estimated 85,483 cases of occupational diseases were also reported in establishments employing 20 or more workers. Among the leading causes are back pain, essential hypertension, neck-shoulder pain, peptic ulcer, and tuberculosis.

In spite of the numerous policy instruments, guidelines and standards for Occupational Health and Safety (OHS), gaps and issues identified relate to the lack of awareness among rights-holders on the provision of 'just and humane terms and conditions of work'; and among duty-bearers, unclear scope of policies in implementing OHS system elements (i.e., governance, information systems, financing, products and technologies, health service delivery, and human resources).

Under Section 3, Article XIII of the Philippine Constitution, Occupational Health and Safety is a right, hence, it is important that all sectors, both public and private, should endeavor for better working conditions in their respective workplaces. Evidence-based studies revealed that a holistic approach, combining occupational health and safety with disease prevention, and tackling the social determinants of health within a systems framework generates a more responsive and concerted action for protecting and promoting the health of workers. Thus, the need for a policy framework that will illuminate entry-points for interventions and shared responsibilities among all stakeholders and partner agencies.

II. OBJECTIVES

A. General:

This National Occupational Health and Safety Policy Framework shall guide the key stakeholders in the development, implementation, monitoring, and evaluation of Occupational Health and Safety for both the public and private sector workers.

B. Specific:

1. Institutionalize occupational health and safety system in both the public and private sectors.

2. Identify and delineate the mandates of different government agencies within the policy framework.

3. Prioritize areas of intervention for strategic convergence.

4. Establish collaborative mechanism for monitoring and evaluation.

III. SCOPE

This Joint Administrative Order shall apply to the key stakeholders — Department of Health, Department of Labor and Employment, Civil Service Commission, and their attached agencies.

IV. DEFINITION OF TERMS

A. Inter-Agency Committee on Environmental Health (IACEH) — refers to Executive Order 489, series of 1991 "Institutionalizing the Inter-Agency Committee on Environmental Health."

B. Occupational Health and Safety (OHS) — refers to (a) promotion and maintenance of the highest degree of physical, mental and social well-being of workers in all occupations; (b) prevention among its workers of any departures from health caused by their working conditions; (c) protection among workers in their employment from risks usually from factors adverse to health; and (d) placing and maintenance of the worker in an occupational environment adapted to his/her physiological ability.

C. Occupational Health and Safety Devices and Technology — refers to Personal Protective Equipment, Personal sampler, work environmental monitoring devices (e.g., air sampler, sound level meter, lux meter, psychrometer, velometer, dosimeter, etc.)

D. Occupational Health Management and Information System — refers to integrated data collection, processing, reporting and use of the information which is necessary for improving occupational health service efficiency and effectiveness.

E. Occupational Health Services — refers to preventive, promotive, protective, curative, and rehabilitative services.

F. Participating Agencies — refers to the following government agencies: DOH, DOLE and CSC.

G. Public Sector Workers — refers to all workers in the government and its instrumentalities.

H. Private Sector Workers — refers to all private employed workers including self-employed.

I. Worker — refers to any member of the labor force, whether with (formal) or without (informal) employee-employer relationship.

V. LEGAL ANCHOR

A. Philippine Constitution of 1987; Article II, Section 15 — the State shall protect and promote the right to health of the people and instill health consciousness among them; and Article XIII, Section 3 — the State shall afford full protection to labor, local and overseas, organized and unorganized, and promote full employment and equality of employment opportunities for all.

B. PD 856 Code on Sanitation of the Philippines (Chapter 7) — industrial hygiene services should be directed towards the protection and promotion of workers' health.

C. PD 442 Labor Code of the Philippines; Book IV, Title I — entitlement of employees to medical and dental services; and Book IV, Title II — set standards for Occupational Safety and Health in different industries, as well as set measures for the prevention and control of occupational hazards.

D. Civil Service Commission; MC No. 30, s. 1994 — establishment of reasonable working conditions in the public sector; and MC No. 33, s. 1997 — policy on working conditions at the workplace.

VI. GENERAL GUIDELINES

A. With a vision for a responsive health system where participating agencies collaborate towards attaining the health,safety and well-being of workers, the National Occupational Health and Safety Policy Framework shall be based on the following strategic thrusts (Annex A):

1. Quality occupational health services which shall be delivered to those who need them, where and when needed in the most efficient way. It shall be a comprehensive and integrated package of occupational service provisions in all levels of the health care delivery system, with emphasis on promotive, preventive, treatment, and rehabilitative care.

2. Human Resources for OHS which shall be in an optimum balance of sufficiency and competency. It shall include developing mechanisms to guarantee availability and accessibility of accredited training institutions and service providers adept in rendering comprehensive OH service interventions for both the public and private sectors.

3. An occupational health and safety information system shall be established and maintained. It shall serve as a database for policy and program development and support for immediate and efficient provision of occupational health and management systems at the local level.

4. Health financing shall ensure that the budget is adequate to cater to the needs of workers for occupational health services. In addition to PhilHealth benefit packages, other benefit packages shall be addressed through existing Health Maintenance Organization programs for clients in the private sector in consonance with the guidelines developed by the Department of Health.

5. Good leadership and governance, which shall be responsible for developing evidence-based policies and strategic frameworks to enable the health system to respond to the workers' needs. This includes maintaining transparency through consultations and cooperation among the industry, labor and the government. This also involves building stronger ties between health regulatory agencies and institutions concerned with OHS.

6. Occupational health and safety devices and technologies of assured quality, safety, efficacy and cost-effectiveness shall be made available and accessible.

B. To synchronize and coordinate occupational health interventions of participating agencies to ensure that the vision will be achieved, areas of convergence shall focus on the following:

1. Generation and management of OHS-related data in terms of programs and services, occupational diseases and injuries;

2. Planning, implementation, monitoring, and evaluation of OHS policies and legislations;

3. Provision of efficient and responsive OHS programs, services, and research;

4. Advocacy and awareness campaigns, resource sharing and regulatory enforcements.

VII. SPECIFIC GUIDELINES

A. Organizational Structure

1. National Structure

a. The IACEH Sectoral Task Force on Occupational Health shall be reconstituted and strengthened to include other concerned agencies and serve as the main coordinating body for the implementation of the National Occupational Health and Safety Policy Framework.

b. Composition:

Chairperson:	DOLE-Bureau of Working Conditions
Vice-chairpersons:	DOH-Disease Prevention and Control Bureau
	Civil Service Commission
Members:
	Employees' Compensation Commission
	Occupational Safety and Health Center
	National Economic Development Authority-Social Development Staff
	Department of Agriculture
	Department of Environment and Natural Resources-Mines and Geosciences Bureau
	Department of Transportation and Communications-Land Transportation Franchising and Regulatory Board
	Department of Energy-Energy Utilization Management Bureau
	Department of the Interior and Local Government-Bureau of Local Government Development

c. Function:

1) It shall be responsible for formulating policies, guidelines and develop programs for occupational health and safety.

2) It shall coordinate, monitor and evaluate occupational health programs.

3) It shall conduct information dissemination and education campaigns on occupational health programs.

4) It shall coordinate, assist and/or support the conduct of researches and relevant activities.

5) The IACEH-OH Sectoral Task Force may invite other government and non-government agencies for support and assistance in development, implementation, monitoring, and evaluation of Occupational Health and Safety for the private and public sector workers.

6) The IACEH-OH Sectoral Task Force shall meet every quarter, convened and presided by the Chairperson.

2. Regional Structure

a. As a regional counterpart of IACEH on occupational health, the RIACEH shall create RIACEH-OH sector to facilitate regional implementation of the NOHSP.

b. Composition:

Chairperson:	DOH Regional Office Director
Vice-chairpersons:	DOLE Regional Office Director
	Civil Service Commission
Members:	Regional counterparts of IACEH-OH Sector

c. Function:

It shall oversee the implementation of National Occupational Health and Safety (NOHS) Policy Framework at the regional level.

VIII. ROLES AND RESPONSIBILITIES

A. Department of Health and Attached Agencies

1. Strengthen creation of standards and policies for occupational health;

2. Develop advocacy packages on OHS, and recommend mechanisms to harmonize different occupational health and safety promotion campaigns with partner agencies;

3. Ensure that the necessary infrastructure, human resource complement, and logistics for occupational health services are available at all DOH-retained hospitals;

4. Develop occupational health service and benefit packages for the informal sector, public health and other public sector workers;

5. Establish standard specifications of health devices as applied in occupational health;

6. Capacitate the local government units in implementing and sustaining the NOHS Policy Framework; and

7. Establish surveillance of occupational injuries, diseases, and deaths in the DOH-Health Information System.

B. Department of Labor and Employment and Attached Agencies

1. Ensure OSH standards as well as policies, programs and devices on its administration and enforcement conforms to the NOHS Policy Framework;

2. Provide knowledge and information services on OSH standards data, programs and enforcement activities, and recommend mechanisms to harmonize different OSH promotion campaigns with partner agencies;

3. Implement the IACEH-OH sector-approved training, research, and development program;

4. Establish standard specifications of Personal Protective Equipment and other safety devices; and

5. Formulate employees' compensation guidelines in support to the NOHS Policy Framework.

C. Civil Service Commission

1. Ensure that occupational health and safety standards and regulations are integrated, enforced and implemented in the public sector;

2. Monitor and evaluate compliance of public sector on occupational health and safety standard and regulations;

3. Ensure access to occupational health and safety services in the public sector; and

4. Coordinate with the IACEH-OH Sector implementation issues affecting the public sector.

IX. MONITORING AND EVALUATION OF THE IMPLEMENTATION OF NATIONAL OCCUPATIONAL HEALTH AND SAFETY POLICY (NOHSP)

The NOHSP shall be monitored and evaluated regularly, consistent with the monitoring and evaluation framework to be published in the Manual of Operations.

X. FUNDING SOURCE

Funds needed to support the implementation of this Joint Administrative Order shall be defrayed from the participating agencies' regular budget.

XI. SEPARABILITY CLAUSE

If any provision of this Order is declared unauthorized or rendered invalid by any court of law or competent authority, those provisions not affected thereby shall remain valid and effective.

XII. REPEALING CLAUSE

All previous Orders inconsistent in part or in whole to this Joint Administrative Order are hereby rescinded or amended accordingly.

XIII. EFFECTIVITY

This Order shall be effective fifteen (15) days after publication in the Official Gazette or in a newspaper of general circulation.

(SGD.) HON. PAULYN JEAN B. ROSELL-UBIALSecretary

(SGD.) HON. SILVESTRE H. BELLO IIISecretary

(SGD.) HON. ALICIA DELA ROSA-BALAChairperson

ANNEX A

Figure 1. Conceptual Framework of the National System for Occupation Health and Safety