GUIDELINES ON OCCUPATIONAL SAFETY AND HEALTH IN THE SHIPBUILDING, SHIP REPAIR AND SHIPBREAKING INDUSTRY

Pursuant to the rule-making authority of the Secretary of Labor and
Employment under Article V of the Labor Code, as amended, and to ensure
the protection and welfare of workers employed in the shipbuilding, ship
repair and shipbreaking industry, the following Guidelines are hereby
issued for the guidance of and compliance by all concerned.

SECTION 1. Objective – The present Guidelines enjoin all
parties – government units, employers and workers, OSH practitioners and
other concerned sectors – to actively strive to control and eliminate
hazards and risks inherent in shipbuilding, ship repair and shipbreaking
and related activities. Through these guidelines, individual or
collective measures will be instrumental in preventing work-related
accidents and injuries, thereby, safeguarding the health of workers,
encourage their motivation and productivity, reduce cost for treatment,
rehabilitation or compensation and raise the profitability of
establishments.

SECTION 2. Coverage – These guidelines shall apply to all
establishments, work-places, operations and undertakings in the
shipbuilding, ship repair and shipbreaking industries.

SECTION 3. Definition of Terms – As used in these guidelines, the following terms shall mean:

1. Shipbuilding – means the construction of a vessel including the
installation of machinery and equipment. Work in the shipbuilding
includes constructing, assembling, installing, cleaning, painting,
outfitting and testing.

2. Ship repair – means any repair of vessel including but not
restricted to alterations/conversions, installations, cleaning, and
maintenance.

3. Shipbreaking – means any breaking down of a vessel’s structure
for the purpose of scrapping the vessel, including the removal of
equipment or any component part of a vessel.

4. Principal – refers to the owner or CEO/COO/Manager with overall
responsibility for the management of establishments and their
workplaces, projects, operations and/or activities in the shipbuilding,
ship repair and shipbreaking industry.

5. Contractor or sub-contractor-refers to any person or entity
engaged in a legitimate contracting or sub-contracting arrangement for
the execution of work under the general supervision of the principal in
shipbuilding, ship repair and shipbreaking industry.

6. Standards – refers to the Occupational Safety and Health
Standards or OSHS which is a set of Rules issued by the Department of
Labor and Employment (DOLE) which mandates the adoption and use of
appropriate practices, means, methods, operations or processes, and
working conditions reasonably necessary to ensure safe and healthful
employment.

7. Worker – refers to a person, carrying out activities under the supervision of a principal, contractor and/or sub-contractor.

SECTION 4. Duties and Responsibilities – (1) Each Principal and Contractor/Sub-Contractor covered by the provisions of these Guidelines shall:

a. furnish his workers a place of employment free from hazardous
conditions that are likely to cause death, illness or physical harm to
his workers;

b. give complete job safety instructions to all his workers;

c. use only approved devices tested by the Occupational Safety and
Health Center (OSHC) and equipment tested by TESDA or accredited testing
organizations in his workplace;

d. shall at his own expense, furnish his workers with personal
protective equipment by reason of the hazardous work process or
environment, chemical or radiological or any other hazards capable of
causing injury, or impairment in the function of any part of the body;

e. register with the DOLE Regional Office where he is located pursuant to Rule 1020 of the OSH Standards and D.O. 18-02 (Contracting and Sub-Contracting Arrangements); and

f. the principal shall have overall responsibilities in all OSH
matters, the contractor shall actively support the OSH policies and
programs of the former by implementing applicable OSH programs in their
respective workplaces.

(2) Every worker shall:

a. cooperate with the Principal and Contractor/Sub-Contractor in
carrying out the provisions of these Guidelines and the Standards.

b. report to his supervisor any work hazard that may be discovered in his workplace.

c. shall make proper use of all safeguards and safety devices
furnished in accordance with the provisions of the Standards for his
protection and that of others, and shall follow all instructions given
by the Principal and Contractor/ Sub-Contractor in compliance with the
provisions of the Standards.

(3) It shall be the duty of any person, including any builder or
contractor or others who conduct business in any establishment or
workplace, to comply with the provisions of these Guidelines and
Standards and all regulations of the employer as well as with subsequent
issuances of the Secretary.

SECTION 5. OSH Policy and Program – It shall be mandatory
for every shipbuilding, ship repair and shipbreaking principal to
formulate an OSH policy and program in accordance with the relevant
provisions of the Labor Code of the Philippines (LCP) and the Rules of
the Occupational Safety and Health Standards (OSHS). Such policy and
program shall cover the workplaces, projects and operations under the
direct responsibility of the principal as well as related activities of
contractors/sub-contractors.

SECTION 6. OSH Committees – To ensure that the OSH policy
and program are being formulated and implemented in line with
established regulations and with the requirements of the shipbuilding,
ship repair and shipbreaking operations, an OSH Committee shall be
established according to Rule 1040 of the OSH Standards with the
following membership:

a. CEO or Project Manager as the chairperson ex officio;
b. Safety and Health Officers;
c. Safety and health representatives from each sub-contractor;
d. Occupational Health Physicians, Nurses and First Aiders; and

e. Workers’ representatives including union members if organized
Members of the Safety and Health Committee shall, as far as practicable,
be present at the workplaces whenever work is being undertaken.

Each contractor/sub-contractor is required to have his/her own safety and health committee.

SECTION 7. Cost for Implementing OSH Program and other Activities –
The cost of implementing OSH Management System and OSH Program for the
shipbuilding, ship repair or shipbreaking workplaces shall be provided
by the employer’s principal and/ or contractor/sub-contractor provided
that said costs shall be a separate pay item duly quantified in the
project’s contract documents.

SECTION 8. Safety Personnel – Principals and contractors/sub-contractors shall employ Safety and Health Personnel as follows:

a. a full time safety officer, with overall responsibility for the
management of the OSH Program; who shall monitor and inspect health and
safety aspect of the workplaces and assist government inspectors in the
conduct of inspection and accident investigations;

b. depending on the size of the workforce at a given workplace,
additional Safety and Health Officer/s shall be designated under the
direct supervision of the Safety and Health Officer of the principal;
and

c. one additional Safety and Health Officer must be assigned for
every additional ten (10) units of heavy equipment assigned to the
workplace.

Contractors and sub-contractors shall provide for Safety Officer/s at the workplaces under their direct responsibility.

All full-time Safety and Health Officers must be accredited by the DOLE Regional Office concerned.

SECTION 9. Emergency Occupational Health Personnel and Facilities –
The following emergency health personnel shall be present at individual
workplace, supported by adequate medical supplies, equipment and
facilities:

a. a certified first-aider for fifty (50) workers or less;
b. a full-time registered nurse for more than fifty (50) but less than two hundred (200) workers;
c. a full-time registered nurse, a part-time physician and a dentist,
and an emergency clinic for more than two hundred (200) but less than
three hundred (300) workers; and d. a full-time registered nurse, a
full-time physician, a dentist and an infirmary or emergency hospital
with one (1) bed capacity for more than three hundred (300) workers. In
addition, there should be one (1) bed capacity for every one hundred
(100) workers in excess of three hundred (300) workers.

Where only a treatment room is available, in case of emergency,
workers shall have access to the nearest medical/dental clinic or a
medical/dental clinic located within five (5) kilometer-radius from the
workplace.

SECTION 10. Communicating Safety and Health Policies and Programs –
The principal and contractor/sub-contractor shall implement a
communication plan for hazard and risk prevention at the workplace.

SECTION 11. Building Skills on OSH through Training Programs – Principals and contractors/sub-contractor s shall be required to undergo appreciation/awareness courses on OSH.

All workers, supervisors and members of the safety and health
committees shall be adequately instructed and trained on the measures
available for the prevention, control and protection against hazards and
risks.

Every worker before employment in shipbuilding, ship repair and
shipbreaking shall undergo a safety and health awareness seminar
conducted by the OSHC, and/or safety training organizations (STOs)
accredited by the DOLE Regional Office in the language or dialect
understood by the workers.

Specialized instruction and training should be given to:

a. drivers and operators of lifting appliances, transport,
earth-moving and materials-handling equipment and machinery or any
equipment of specialized or dangerous nature;
b. workers engaged in the erection or dismantling of scaffolds;
c. workers working at heights;
d. workers handling explosives or engaged in blasting operations;
e. workers working in compressed air, cofferdams and caissons;
f. workers engaged in the erection of prefabricated parts of steel
structural frames and tall chimneys, and in concrete work, form work and
other such work;
g. workers handling hazardous substances and materials;
h. workers as riggers and signalers;
i. workers working in confined space;
j. workers engaged in hot works; and
k. other workers in critical operations and occupations

SECTION 12. Safety Concerns of Heavy Equipment – All heavy
equipment and operators assigned at the shipbuilding, ship repair and
shipbreaking workplaces must be tested and certified in accordance with a
standard trade test prescribed by the Technical Education and Skills
Development Authority (TESDA) in coordination with its accredited
testing organization/s.

SECTION 13. Reporting on Safety and Health –
Principal s shall be required to submit a monthly shipbuilding, ship
repair and shipbreaking safety and health report to the nearest DOLE
Office. The report shall include a monthly summary of all safety and
health committee meeting agreements, a summary of all accident
investigations/reports and periodic hazards assessment with the
corresponding remedial measures/action for each hazard, using prescribed
administrative forms.

In case of any dangerous occurrence or major accident resulting in
death or permanent total disability, the concerned employer shall
initially notify the DOLE Regional Office within twenty-four (24) hours
from occurrence. After the conduct of an investigation by the concerned
Safety and Health Officer, the principal shall report all permanent
total disabilities to DOLE Regional Office on or before the 20th of the
month following the date of occurrence using the DOLE/BWC/HSD-IP-6-form.

SECTION 14. Compliance with Applicable OSH Standards – All
principals and contractors/sub-contractors shall comply with applicable
rules of the OSH Standards and its implementing guidelines including the
Technical Guidelines on OSH in the shipbuilding, ship repair and
shipbreaking industry.

SECTION 15. Violations and Penalties – As
circumstances may warrant, and according to its findings, following due
process, any act or omission committed by shipbuilding, ship repair and
shipbreaking principals and contractors/sub-contractors in violation of
labor standards, safety rules and regulations and other pertinent
policies shall be subject to the applicable penalties provided for in
the Labor Code of the Philippines.

In cases of imminent danger situations, the DOLE Regional Director
shall issue a cease and desist order pursuant to the guidelines
specified under Rule 1012.02 of the OSHS and other pertinent issuances
for stoppage of operation or for other appropriate action to abate the
danger.

SECTION 16. Enforcement – The Labor Inspectorate of the
DOLE Regional Offices shall be responsible for the enforcement and
monitoring of the provisions of this circular.

SECTION 17. Effect on Existing Issuances and Agreements –
This issuance shall serve as policy and procedural guidelines for this
Department and its agencies in the administration and enforcement of
applicable labor and social legislations and their implementing
regulations.

Nothing herein shall be construed to authorize diminution or
reduction of benefits being enjoyed by employees at the time of
issuances hereof.

SECTION 18. Effectivity – This circular shall take effect fifteen (15) days after its publication in a newspaper of general circulation.

Adopted: 24 March 2009

(SGD.) MARIANITO D. ROQUE
Secretary