REVISED GEOTHERMAL SAFETY AND HEALTH RULES AND REGULATIONS

Pursuant to Section 6 of Presidential Decree No. 1442, otherwise
known as the “Geothermal Act” of 1978 in relation to Section 5(a) and
Section 21 of Republic Act No. 7638, otherwise known as the “Department
of Energy Act” of 1992, and in order to ensure adequate safety and
protection against hazards to health, life and property as well as
pollution of air, land and water from geothermal operations, the
following and health rules and regulations are hereby promulgated:

RULE 1
General Provisions

SECTION 1.       Title — This issuance shall be known as
the “Revised Geothermal Safety and Health Rules and Regulations of 1999”
and shall be hereinafter referred to as the Rules.

SECTION 2.       Scope and Coverage — The Rules shall apply
to all employers, employees, and other entities engaged in geothermal
operations in the Philippines, including drilling and construction
activities therein.

SECTION 3.       Definition of Terms — Terms and
expressions that are generally defined in other existing regulations or
in the Occupational Safety and Health Standards shall have the same
meaning in the Rules. For purposes of this issuance, however, the
following terms shall be defined as follows:

 

1.         Authorized representative	refers to any employee of the Energy Resource Development Bureau (ERDB) of the Department of Energy, or any other government official who has been authorized by the ERDB Director to enforce the provisions of the Rules.
2.         Bureau	refers to the Energy Resource Development Bureau.
3.         Contract	refers to the Department of Energy.
4.         Department	refers to the Department of ERDB.
5.         Director	refers to the Director of ERDB.
6.         DOLE	refers to the Department of Labor and Employment.
7.         Employee	refers to any person who works for wage or salary in the service of an employer.
8.         Employer	refers to the service contractor referred to in a Geothermal Service Contract, and other entities, whether government or private, engaged in geothermal operations, whether acting along or in consortium with others, that hires one or more persons to work for wages or salaries.
9.         Hotwork	refers to any activity that involves the use of  heat such as welding and gas cutting, and any other activity that produces heat or sparks that could be a source of ignition in a flammable/explosive atmosphere, such as grinding, drilling or other similar activity, or any maintenance and repair work on geothermal pipelines and facilities, that is likely to affect the safety and operational condition of the facilities.
10.       Geothermal Operations	refers to exploration for, development, production and utilization of steam and brine from a geothermal field.
11.       Geothermal Field	refers to an area where the existence of geothermal resources has been proven.
12.       Geothermal Facilities	refers to infrastructures, wells, pipelines and roadways.
13.       Workplace	refers to the office, premises or worksites where the employees are situated, and shall include the office or place where the workers who have or definite worksite, regularly report for assignment in the course of their employment.
14.       OSHS	refers to the Occupational, Safety and Health Standards issued by the DOLE.
15.       Non-Lost Time Accident (NLTA)	refers to an accident that will not prevent the injured person from performing his regular work on the day following the day on injury and thereafter.
16.       Lost Time Accident (LTA)	refers to an accident that will prevent the injured person from performing his regular job on the next day following the day of the injury or, after reporting for work in the next working day following the day of the injury, the injured person fails to continue this normal work due to complications resulting in permanent injury and disability.

 

RULE 2
Administration and Enforcement

SECTION 4.       Powers and Duties of the Director or His Duly Authorized Representative

1.         Enforce the Rules and all other pertinent regulations concerning occupational safety and health.

2.         Inquire into or inspect at reasonable hours of the day or
night and in manner that will not impede or obstruct work or activities
of the employer regarding safety of all installations within the
geothermal field, and compliance with the terms and conditions of the
contract.

3.         Administer oaths, summon company officials, employees, or
other persons having knowledge on the subject of inquiry, inspection or
investigation, issue subpoena duces tecum requiring the attendance and
for the taking of testimonies or witnesses or the production of such
books, papers, records, and other pertinent documents as may be material
to a just determination of the matter under investigation, inspection
or injury.

4.         Issue suspension/variation order in accordance with Rule 1012.3 and 1012.40 of OSHS, as amended.

5.         Conduct separate incident/accident investigations
involving fatal accident and dangerous occurences to determine cause/s
of such accidents and occurences, and introduce remedial measures to
prevent their recurrence.

6.         Suspend any particular or operation when such activity or
operation causes or will cause imminent danger until necessary actions
are taken.

SECTION 5.       Duties of Employers —

1.         Every employer shall make and give effect to such
arrangements as are appropriate, having regard to the nature and size of
the employer’s activities and undertaking, for the effective planning,
organization, control, monitoring and review of the relevant preventive
and protective measures.

2.         For purposes of identifying the measures necessary to
enable the employer to comply with the requirements and prohibitions of
the Rules, every employer shall conduct and record suitable and
sufficient assessment of the following:

a.      the risk to the health and safety of its employees while they are at work; and

b.      the risk to the health and safety of persons not under its
employ as a result of or in relation to the activities of its
operations.

3.         The employer in any of the following instances shall review the assessment referred to in Number 2 above:

a.      there is reasonable ground to believe that the assessment is no longer valid;

b.      there has been a significant change in the matter to which the assessment relates; or

c.       where, as a result of any such review, changes to the assessment are required.

4.         Every employer shall provide its employees with
comprehensible and relevant hazard information consisting of the
following:

a.      the risk to their health and safety identified by the assessment;

b.      the preventive and protective measures;

c.       the procedures used in hazard assessment; and

d.      the identity of the persons appointed to conduct hazard assessment.

SECTION 6.       Duties of Employees

1.         Every employee using any machinery, equipment, dangerous
substance, transport equipment, means of production or safety device
supplied to him by his employer shall use it in accordance with company
policies and the relevant provisions of the Rules.

2.         Every employee shall inform his employer or the person
with specific responsibility for the health and safety of his fellow
employees:

a.      of any work situation which a person equipped with the
necessary training and instruction would reasonable consider as posing a
serious and immediate danger to health and safety; and

b.      of any matter, which a person equipped with the necessary
training and instruction, would reasonably consider as a shortcoming in
the employer’s protection arrangements for health and safety.

SECTION 7.       Cooperation and Coordination

1.         Where two or more employers share a workplace, whether on temporary or permanent basis, each shall:

a.      cooperate with the other contractor(s) concerned insofar
as practicable and necessary to enable them to comply with the
requirements and prohibitions imposed upon them by or under the Rules;

b.      take all reasonable steps to coordinate the measures which
are necessary to comply with the measures that the other contractor(s)
concerned is/are taking; and

c.       take all reasonable steps to inform the other employers
of the risks to their employee’s health and safety arising from or in
connection with the conduct of their undertaking.

SECTION 8.       Code of Practice — The Bureau shall make
public, technical guidelines and/or code of practice for health and
safety management systems for any geothermal operations, processes or
methods that are deemed necessary to ensure appropriate and effective
implementation of safety and health measures that the employer is
required to observe under the Rules. Failure to comply with the
guidelines or code of practice under the Rules could be taken as proof
of violation of the Rules.

SECTION 9.       Interpretation — Notwithstanding the
provisions of Rule 7, Section 33, where the requirements thereof overlap
or duplicate an existing regulation, compliance with a more specific
regulation shall be considered substantial compliance thereof. However,
where the requirements go beyond those in the more specific regulations,
additional measures shall be instituted to comply fully with the Rules.
The Director shall determine such measures that are or will be at least
as effective as the standards prescribed under the Rules.

SECTION 10.    Administrative Penalties —

1.         Any violation of the provisions of the Rules shall be subject to the following administrative penalties:

a.         Failure or late submission of monthly incident/accident statistical reports and minutes of the safety meetings

i.          First Offense	—	Written warning
ii.         Second Offense	—	Fine of P5,000.00
iii.        Third Offense	—	Fine of P10,000.00

b.         Failure to register or secure/renew a permit for safety engineers/officers

i.          Within one (1) month after the expiration of the old permit	—	Fine of P5,000.00
ii.         After one (1) month after the expiration of the old permit	—	Fine of P10,000.00 and additional fine of P10,000.00 per month on the succeeding months

c.         Failure to employ a qualified safety officer.

i.          Within six (6) months after the signing of service contract	—	Fine of P5,000.00
ii.         After the sixth (6th) month and every  succeeding month	—	an additional fine of  P10,000.00 per month

d.         Failure to notify the Bureau using the fastest and
efficient means of communication the occurence of any incident/accident
specified and within the period set forth in Rule 4 of

Section 16 of the Rules

—

Fine of P5,000.00

e.         Failure to correct any unsafe condition(s) noted by the Bureau’s authorized representative.

i.          First offense	—	Written warning
ii.         Second offense	—	Fine of P5,000.00
iii.        Third Offense	—	and/or suspension of  operation in the area  affected until the unsafe  condition(s) is/are affected

f.          Withholding or failure to provide pertinent data or
information regarding the safety aspects of geothermal operations as
required by the Bureau

i.          First offense	—	Written warning
ii.         Second offense	—	Fine of P5,000.00
iii.        Third offense	—	Fine of P10,000.00

2.         Official receipts shall cover all fines collected in accordance with paragraph (1) hereof.

RULE 3
Safety and Health Organization

SECTION 11.    Policy Statement — A general safety and
health policy statement in writing shall be issued by corporate
organization to reflect management’s positive attitude, support
commitment to effective leadership and program administration for safety
health.

SECTION 12.    The Safety and Health Organization — The
Safety and Health Organization shall be under the direct and immediate
control and supervision of the Highest Official. The safety and health
program of the Organization shall be integrated in its overall
management and control system. The employer shall ensure that a safety
unit is assigned in each operation (i.e., plant or project) to maximize
effective implementation of the employer’s safety and health program and
enforcement of the Rules.

SECTION 13.    Personnel —

1.         Every employer shall appoint the number of qualified
Full-time Safety Engineers/Officers in accordance with the following:

Minimum Number of Full-Time Safety Engineer/Officers
Number of Employees in Geothermal Operations	1000 and above	500 to 999	less than 500
Exploration	2	1	1
Development	3	2	1
Construction	3	2	1
Production	2	1	1
Plant Operation	3	2	1

2.         Every employer shall designate a qualified supervisor as temporary Safety Officer in any of the following cases:

a.      When exploration is the only activity and involves less than ten (10) persons

b.      When the Full-Time Safety Officer cannot attend to the needs of the exploration team

3.         Every employer shall appoint the number of qualified
occupational health personnel in accordance with Rule 1960 of the OSHS,
as amended.

SECTION 14.    Safety and Health Committee — In consonance
with Rule 1040 of the OSHS, as amended, a Safety and Health Committee
shall be organized in all geothermal offices, plants, projects and
installations after commencement of its operations. The Committee shall
be composed of the following:

Committee Composition		Number of Employees of Geothermal Operations
	More Than 400		200 to 400	Less than 200
Chairman	Manager or equivalent		Manager or equivalent	Manager or equivalent
Members	2 Department Heads		1 Division Manager	1 Supervisor
	4 employee		3 employee	3 employee
	representatives		representatives	representatives
	(preferably organized union member) Company Physician		(preferably organized union member) Company Physician or Company Nurse	(preferably organized union member) Company Physician or Company Nurse
Secretary	Full-time Safety		Full-time Safety	Full-time Safety
	Engineer/Officer		Engineer/Officer	Engineer/Officer

SECTION 15.    Qualifications of Safety Engineer/Officer and Issuance, Cancellation of Safety Engineer’s/Officer’s Permit —

1.         An employee shall be regarded as a qualified Safety
Engineer/Officer for the purpose of Section 12 hereof if she/he has the
sufficient training, experience, knowledge and other qualities to enable
her/him to fullfill the tasks required under the Rules.

2.         All persons employed in the practice of occupational
safety in the geothermal industry shall be duly qualified and accredited
by the Bureau.

3.         The Bureau may issue a certification/permit, attesting to
the competence, of a person possessing any of the following
qualifications:

a.      Duly registered and currently licensed engineer with at
least five (5) years actual experience in occupational safety in
geothermal industry-related work;

b.      Holder of a baccalaureate degree, with at least seven (7)
years actual experience in occupational safety in geothermal
industry-related work; or

c.       Accredited as a Safety Practitioner by the DOLE before the promulgation of the Rules.

4.         A Safety Engineer’s/Officer’s Permit shall be issued upon submission of the following requirements:

a.      A duly accomplished and sworn application (refer to Appendix “A”) with emphasis on service record.

b.      Endorsement and certification from the employer and/or service contractor.

c.       Two (2) pieces of 2” x 2” size pictures (any color) taken
not less than three 93) months at the time of application; and

d.      Payment of application/processing fee in the amount of Two Hundred Pesos (P200.00)

5.         Annual renewal of permit shall be made within one month
prior to the date of expiration of the previously issued permit. The
Bureau shall issue a new permit only after reviewing the qualifications
and meritorious service record of the applicant, and compliance with the
aforementioned accreditation requirements.

6.         The Director may, upon the recommendation of the Chief of
the Geothermal Division of the Bureau, cancel accreditation of safety
personnel for any of the following reasons:

a.      Conviction of any criminal offense involving moral turpitude;

b.      Violation of professional ethics; or

c.       Gross negligence resulting in incidents/accidents as referred, but not limited to, Rule 4 Section 16(2) of the Rules.

RULE 4
Reporting and Recording of Incidents/Accidents

SECTION 16.    Notification and Reporting —

1.         Every employer shall report to the Bureau in writing, the
result of the investigation of all lost time accidents with major
loss/damages.

2.         In the transmittal of the written report required under
paragraph (1) above, to the Bureau, every employer shall utilize the
fastest available means of communication and shall be made within
twenty-four (24) hours after occurence of any, but not limited to, the
following incidents;

a.      fatal accidents;

b.      hospitalization of three (3) or more persons;

c.       accidental detonation of explosives including blasting agents;

d.      geothermal explosion or blow-out;

e.      accidental or over-exposure to ionizing radiation;

f.        accidental exposure to Immediately Dangerous to Life and Health (IDLH) levels of toxic substances; and

g.      property damages amounting to P100,000,000.00

3.         Each report shall be made using the prescribed form in Appendix “B”.

4.         A monthly statistical accident report shall be submitted
by every employer to the Bureau on or before the 10th day of the
succeeding month using the prescribed form in Appendix “C”. Should the
10th day fall on a holiday, Saturday or Sunday, the said report shall be
submitted on the next working day.

SECTION 17.    Record-keeping

1.         Every employer shall maintain a log and summary, on a
calendar year basis, of all reportable incidents, which shall be
completed in detail in the prescribed form.

2.         The log and summary shall be made available during the inspection to the representatives of the Bureau.

RULE 5
General Safety and Health Provisions

SECTION 18.    General Applicability — If a particular
standard or regulation is applicable to a specific condition practice,
means, method, process or operation, that standard or regulations shall
prevail over a general standard or regulation which might also be
applicable to the same condition, practice, means, method, process or
operation.

SECTION 19.    Safety and Health Training —

1.         Every employer shall ensure that his employees are
provided with adequate health and safety training upon employment and on
their being exposed to new or increased risks due to any of the
following:

a.      transferred or given a change of responsibilities within the employer’s undertaking ;

b.      the introduction of new work equipment into or a change
concerning work equipment already in use within the employer’s
undertaking:

c.       the introduction of new technology into the employer’s undertaking or

d.      the introduction of a new system of work into or a change
concerning a system of work already in use within the employer’s
undertaking.

2.         The safety and health training shall:

a.      be repeated periodically where appropriate;

b.      be adapted to take account of any new or changed risks to the health and safety of the employees concerned;

c.       take place during working hours; and

d.      be recorded to include the title, duration, facilities/lecturers and results of course evaluations, among others.

SECTION 20.    Personal Protective Equipment (PPE)

1.         Every employer shall determine the presence of hazards or
potential risks requiring the use of the PPE. If such hazards are
present, or likely to be present, the employer/contractor shall:

a.      Select PPA that properly fits each affected employee;

b.      Communicate selection decisions;

c.       Require affected employee to use the PPE;

d.      Provide training on the proper use and care of the PPE to each employee who is required to use the same.

2.         Employees shall be provided with the appropriate PPE,
safety devices and equipment as required. All PPE to be used shall be of
the approved design and construction appropriate for the exposure and
the work to be performed.

3.         Prior to use, appropriate fit test examination shall be
conducted to ensure that the PPE conforms to the following minimum
requirements:

a.      Provide adequate protection against the specific hazard for which they are designed or intended;

b.      Be reasonably comfortable to use; and

c.       Fit properly and shall not unduly interfere with the movements of the user.

4.         No employee in a geothermal plant or field shall be
subjected or exposed to a hazardous environmental condition without the
necessary protection.

5.         The employee is physically fit to use the PPE.

SECTION 21.    Workplace Monitoring and Control —

1.         Every employer shall monitor and control the employees’
exposure to workplace hazards, and shall maintain such records for each
employee in accordance with Rule 1070 of the OSHS, as amended.

2.         All regular measurements of the workplace hazards shall
be carried out in operations and work processes, and a record of such
measurement shall be made available during the Bureau’s inspection.

3.         Periodic monitoring of airborne toxic and hazardous substances.

4.         Every employer shall develop an appropriate procedure relative to works involving toxic and hazardous substances.

SECTION 22.    Electrical and Mechanical Works — All
electrical and mechanical installations, constructions and equipment
shall be in accordance with the provisions of the latest edition of the
Philippine Electrical Code and Philippine Society of Mechanical
Engineering Code. Operations, maintenance and report works of electrical
and mechanical equipment or machinery shall be done by qualified and
duly authorized personnel.

SECTION 23.    Guarding of Machinery — All moving parts of
machinery and all dangerous parts of equipment shall be effectively
guarded in confirmity with Rule 1200 of the OSHS, as amended.

SECTION 24.    Work Permit System —

1.      Every employer shall adopt and implement a “Work Permit” system.

2.      Every employer shall not allow any Hot Work unless all fire and explosion hazards are removed or controlled.

3.      Every employer shall ensure that employees exposed to the
hazards created by any Hot Work are protected by PPE in accordance with
the requirements of Section 3 of the Rules.

SECTION 25.    Use of Commercial Explosives — No employer
shall store, handle or transport explosive or blasting agents within
geothermal facilities when such storage, handling and transportation of
explosives or blasting agents constitutes an undue hazard to life or
limb. For this purpose, pertinent requirements of Rule 20, Div. 1-3 of
the Fire Code of the Philippines is hereby adopted. A monthly
transaction report shall be submitted to the Bureau using the prescribed
form in Appendix “D”.

SECTION 26.    Construction Works — Every employer shall
safeguard their employees engaged in construction work by complying with
appropriate standards. The construction safety standards provided under
Rule 1410 of the OSHS are hereby adopted and shall apply, according to
the provisions thereof, to every geothermal workplace.

SECTION 27.    Fire Protection and Control —

1.         Every employer shall, in consideration of the potential
risk involved, construct or install, provide, incorporate, adopt and
maintain in geothermal facility under operable and practical conditions
the following:

a.      Fire suppression devices, equipment or systems;

b.      designate a sufficient number of competent persons to
implement those procedures insofar as they relate to the evacuation of
employees from their work; and

c.       ensure that none of its employees has access to any area
to which it is necessary to restrict access on grounds of health and
safety unless the employee concerned has received adequate health and
safety instructions and the employee’s presence is necessary for the
abatement of the imminent danger.

2.         For the purpose of No. 1 (a) above, the procedures that may be adopted by the employer shall include the following:

a.      Inform any person at work is exposed to serious and
imminent danger, of the nature of the hazard and of the steps taken or
to be taken to protect him/her from the hazard;

b.      Enable the persons concerned, without prejudice to taking
appropriate steps in the absence of guidance or instruction and in the
light of their knowledge and the technical means at their disposal, to
stop work and immediately proceed to a safe place in the vent of their
being exposed to serious, imminent and unavoidable danger; and

c.       In exceptional cases, for reasons duly substantiated,
prevent the persons concerned from resuming work in any situation where
there is still serious and imminent danger.

3.         A person shall be regarded as competent for the purposes
of No. 1 (b) above where he has sufficient training, experience or
knowledge and other qualities, to enable him/her to properly implement
the evacuation procedures referred to therein.

4.         Every employer shall set up, communicate and maintain an
appropriate emergency alarm system to alert or warn all persons likely
to be affected by existing or imminent disaster conditions. The alarm
shall be distinctive and recognizable as a signal to evacuate the area
or to perform actions designated under the emergency action plan.

5.         Every employer shall conduct emergency drills at least
twice every year to ensure safe and orderly evacuation of personnel as
well as timely and effective action of response team.

SECTION 29.    Hazard Communication —

1.      Every employer shall inform all its employees on the safety
and health hazards associated with their work. Hazardous substances and
chemicals used, processed or produced shall be evaluated, stored in
approved containers and properly labeled.

2.      Standards instructional/warning sign and color code for
identification of materials conveyed in piping system shall used by
every employer consistent with the requirements of the OSHS, as amended,
and the Philippine Society of Mechanical Engineers Code, respectively.

SECTION 30.    Engineering Change Management — As part of
the engineering functions or process management, all new installations,
plant, equipment and changes in facility shall have a hazard screening
and review conducted to ensure conformance with standards.

RULE 6
Occupational Health Requirements

SECTION 31.    Health Program —

1.         Every employer shall promote, protect and maintain the
health and well being of its employees through the implementation of an
occupational health program which includes the following:

a.      Health examination — pre-employment, periodic, special,
transfer/separation and other health examination deemed necessary by
qualified health authority;

b.      Management and treatment of occupational injuries and diseases;

c.       Immunization programs;

d.      Health education and counseling;

e.      Keeping of medical records; and

f.        Other relevant health program.

2.         Health surveillance shall include the following activities:

a.      Biological monitoring;

b.      Medical surveillance; and

c.       Symptoms injury, inspection and examination.

SECTION 32.    Health Services

1.         Every employer shall, in accordance with the requirements
of Rules 1960 of the OSHS, as amended, provide the necessary medical
and dental services and facilities.

2.         Every employer shall maintain necessary additional
emergency medical supplies and medicines as recommended by the
employer’s medical personnel.

2.         Every employer shall maintain necessary additional
emergency medical supplies and medicines as recommended by the
employer’s medical personnel.

3.         In the absence of a clinic or hospital near and/or in
proximity to the place of work, every employer shall ensure that
suitable transport facilities are readily available, and sufficient
number of persons are adequately trained and readily available to render
first aid.

4.         The employer shall provide the necessary sanitary and
welfare facilities in the work place as required under Chapter VII of
P.D. 856 otherwise known as the “Sanitation Code of the Philippines.”

RULE 7
Final Provisions

SECTION 33.    Separability Clause — In the event that any
provision of the Rules or the application of such a provision to any
person or circumstance is declared invalid, the remainder of the Rules
and the application of such a provision to other persons or
circumstances shall not be affected by such declaration.

SECTION 34.    Resolution of Conflicts and Overlapping Jurisdictions
— In case any provision of the Rules conflicts, duplicates or overlaps
with rules and regulations being implemented by other government
agencies, such conflict, duplication or overlapping shall be resolved by
coordination or any other means of cooperation among such agencies.

SECTION 35.    Repealing Clause — All geothermal safety and
health rules and regulations, orders or parts thereof which are
inconsistent with or contrary to the Rules are hereby repealed, amended,
or modified accordingly.

SECTION 36.    Effectivity — The Rules shall take effect fifteen (15) days after publication in at least two (2) newspapers of general circulation.

(SGD.) MARIO V. TIAOQUI
Secretary