What article is the oshs under the labor code of the philippines

General
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what article is the oshs under the labor code of the philippines

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What article is the OSHS under the Labor Code of the Philippines?

Answer:

In the context of the Labor Code of the Philippines, Occupational Safety and Health Standards (OSHS) are not encapsulated within a single article but are comprehensively covered under different sections and administrative orders. Here’s a detailed overview:

1. Labor Code of the Philippines:

  • The primary law for labor and employment in the Philippines is the Labor Code (Presidential Decree No. 442, as amended). The Labor Code itself does not house a specific article solely for OSHS. Instead, it provides a general framework for the administration of occupational safety and health.

2. Book IV - Health, Safety and Social Welfare Benefits:

  • Articles 162 - 165 under the Labor Code specifically address safety and health standards.
    • Article 162: Requires the Department of Labor and Employment (DOLE) to set and enforce safety and health standards.
    • Article 163: Discusses the power to enforce compliance with OSHS.
    • Article 164: Covers the provisions for bases of acceptable conditions of work.
    • Article 165: Talks about the administration of safety and health in various branches and occupations.

3. Revised Occupational Safety and Health Standards (OSHS):

  • The guidelines and standards are detailed in the Department Order No. 198, series of 2018, which is an amendment to the Occupational Safety and Health Standards (OSHS) originally promulgated in 1978. This outlines specific rules regarding workplace safety and health policies.
  • Key sections in the OSHS include:
    • General Provisions: Objectives, coverage, and definitions.
    • Safety and Health Services: Duties of employers, manpower complement, and general safety requirements.
    • Personal Protective Equipment (PPE): Standards and requirements for PPE usage.

4. Republic Act No. 11058:

  • More recent legislation, known as “An Act Strengthening Compliance with Occupational Safety and Health Standards and Providing Penalties for Violations Thereof”, or Republic Act No. 11058 was signed into law in 2018. This law further strengthens provisions related to OSHS.
    • It mandates the appointment of safety officers and the formation of Safety and Health Committees in workplaces.
    • Provides guidelines for employee right to know, right to refuse unsafe work, and the right to report accidents.

Final Answer:

The Occupational Safety and Health Standards (OSHS) in the Labor Code of the Philippines are generally covered under Articles 162-165 in Book IV of the Labor Code. However, the detailed regulations and specific standards are encapsulated within the Revised Occupational Safety and Health Standards as per Department Order No. 198, series of 2018, and further reinforced by Republic Act No. 11058.

For more comprehensive and updated information, consulting the full texts of these laws and the corresponding department orders is highly recommended.