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(NAR) VOL. 29 NO. 2/ APRIL - JUNE 18

[ ADMINISTRATIVE ORDER NO. 2018-0017, June 14, 2018 ]

REVISED IMPLEMENTING RULES AND REGULATIONS (RIRR) OF CHAPTER VII - INDUSTRIAL HYGIENE OF THE CODE ON SANITATION OF THE PHILIPPINES, P.D. 856



Adopted: 07 June 2018
Date Filed: 14 June 2018


I.    BACKGROUND/RATIONALE

The Code on Sanitation of the Philippines, P.D. 856 was promulgated in 1975 and one of its chapter on Industrial Hygiene provides the standards and guidelines for the protection and promotion of workers’ health. The first implementing rules and regulations (lRR) of the said chapter was developed in 1991. To cope up with the trends in industrialization and globalization, amendments were made in 1999.

With the resurgence of the manufacturing industries to achieve the Philippine government’s goal of inclusive growth, there is a need to strengthen the implementation of the P.D. 856 through the IRR. This would include the active involvement of the Investment Promotion Agencies (IPAs) in support to the Local Government Unit (LGU) in the implementation of the IRR in all industrial establishments inside the economic zones. To facilitate enforcement, standards and operational procedures need to be harmonize with the Department of Labor and Employment and other partner agencies (e.g. Department of Environmental and Natural Resources, Civil Service Commission, Department of Interior and Local Government, Philippine Economic Zone Authority, etc.).

Hence, the Revised Implementing Rules and Regulations (RIRR), that will contribute to a more responsive health system addressing workers’ health.

II.   OBJECTIVES
 
Chapter VII - Industrial Hygiene of the Sanitation Code of the Philippines, PD 856, to promote and protect workers’ health.

III.  SCOPE AND COVERAGE

This Revised Implementing Rules and Regulations (RIRR) shall apply to all industrial establishments which are either engaged in the manufacture, storage, sale, and distribution of goods or processing of raw materials into end-products operated by the government agencies or its instrumentalities including government-owned or controlled corporations, private organizations or firms, individuals or entities.

IV.  DEFINITION OF TERMS
  1. Department - refers to the Department of Health (DOH).
  2. Employer - refers to persons, entity, or organization who employ one or more paid workers in the operation of their businesses or trades.
  3. Industrial Establishment - refers to workplace, which is either engaged in the manufacture, storage, sale, distribution, treatment and disposal of goods or  processing  of  raw  materials  into  end-products  except  mining  and quarrying operations.
  4. Investment Promotion Agency (IPA) - refers to the authority managing Economic Zones, Freeport Zones, Industrial Estates, and Retirement Areas as identified by the Department of Trade and Industry.
  5. Health Officer - refers to the Provincial Health Officer, City Health Officer, Municipal Health Officer, or Investment Promotion Agency Health Officer. He/she must be a licensed medical practitioner.
  6. Health and  Safety Committee -  refers to  the  industrial establishment's planning and policy-making group in-charge of all matters pertaining to occupational health and safety, the composition of which shall be in accordance with the rule as stated in the DOLE’s Occupational Safety and Health Standards, as amended.

  7. Local  Government  Unit  (LGU)  -  refers  to  the  provincial,  municipal, chartered and component cities.

  8. Local Health Authority - refers to the Provincial Governor, City or Municipal Mayor or Administrator of Investment Promotion Agency.

  9. Occupational Health Worker -  refers  to  the  qualified first-aider, nurse, dentist, or physician, whose service/services have been engaged by the employer in order to provide occupational health services in the industrial establishment.

  10. RIRR - refers to Revised Implementing Rules and Regulations on Chapter VII - Industrial Hygiene of the Code on Sanitation of the Philippines, P.D. 856

  11. Worker - refers to any employed person regardless of nationality in the industrial establishment including its working owner/s, officers and administrative personnel.

  12. Workplace - refers to the office, premises or worksite, where the workers are habitually employed and shall include the office or place where the workers who have no fixed or definite worksite, regularly report for assignment in the course of their employment.
V.   GENERAL GUIDELINES
 
1. All workers shall be entitled to a healthy and safe workplace through compliance with  the attached RIRR.

2.    The  requirements  for  operating  an  industrial  establishment  shall  be  in accordance with this Order and the attached RIRR.

3.    The Local Government Units and Investment Promotion Agencies shall be responsible in the enforcement of the provisions of the attached RIRR.

VI.  SPECIFIC GUIDELINES


1.    The provisions to a healthy and safe workplace shall follow Rule III of the RIRR - Responsibilities of Employer, Worker and Health and Safety Committee.

2.    The procedures in securing a Sanitary Permit shall be in accordance with Rule IV of the RIRR - Application, Issuance, Renewal and Revocation of the Sanitary Permit.

3.    In the operation of industrial establishments, the following Rules of the RIRR
shall apply:
a.   Rule  V  -  specifies  the  Sanitary  Requirements  in  the  operation  of
Industrial Establishments
b.   Rule VI - prescribes the Environmental Control Provisions to be followed in the prevention and control of occupational hazards in the workplace.
c.   Rule  VII  -  specifies  the  required  Personal  Protective  Equipment, whenever engineering and administrative control measures are not feasible or insufficient/inadequate as specified in Rule VI of this RIRR.
d.   Rule VIII - requires the appropriate Occupational Health Services to be provided to all workers, depending on the size of establishment, number of workers and nature of undertaking.
4.    The policies and standards adopted from other agencies shall be of the latest issuance.

5.    The Department of Health in the form of issuance of Administrative Order may amend, modify and change any word, sentence, paragraph, provisions and requirements contained in the RIRR as it deems necessary for the improvement of its implementation at the field level.

VII. RECORDING AND REPORTING

1.    The  owner/general manager of  industrial establishment shall  submit  the reportorial requirements to the City/Municipal Health Office as stated in the RIRR. In case of industrial establishments in the economic zones, it shall be submitted to the Investment Promotion Agency (IPA.)

2.    The consolidation and submission of reportorial requirements shall be done by area of jurisdiction and level of authority, as follows:
a.   From the Component City / Municipal Health Office to the Provincial
Health Office;
b.   From   the   Chartered   Cities,   Provincial   Health   Office   (PHO)   and
Investment Promotion Agencies (IPA) to the DOH Regional Office; and
c.  From the Regional Office to the DOH Central Office through the Occupational  Diseases   Division,   Disease   Prevention   and   Control Bureau.
VIII. MONITORING AND EVALUATION
 
1. The monitoring and evaluation by area of jurisdiction and level of authority shall be done annually. It shall include the following indicators:
 
For City / Municipal Health Offices, Chartered Cities and Investment Promotion Agencie
a.   List of medical illness and injuries by classification (highly hazardous and hazardous), size (small, medium, large scale), and location of industrial establishments; and

b.   List of industrial establishments issued sanitary permit by classification, size, and location.

For Provincial Health Office, DOH Regional Office and DOH Central Office

a.   No. of medical illness and injuries by classification, size, and location of industrial establishments; and

b.   No. of industrial establishments issued sanitary permit by classification, size, and location.
IX.  ROLES AND RESPONSIBILITIES

Consistent with the defined roles and responsibilities under the RIRR, the following national government agencies and local government units shall:

1.    Department of Health
a.   Formulates  policies,  plans  and   programs  for   the   promotion  and protection of workers’ health.

b.  Prescribes standards, guidelines, and means of control on workplace hazards.

c.   Capacitates the DOH Regional Offices, IPAs, and other partner agencies to implement the provisions of this RIRR.
2.    DOH Regional Offices
a.   Provides technical assistance to LGUs and IPAs for the implementation of this RIRR.

b.   Monitors and evaluates the implementation of this RIRR.

c.   Networks and collaborates with other agencies in the implementation of this RIRR.

d. Consolidates, maintains and analyzes yearly reports submitted by Provincial Health Office, City Health Office (Chartered) and Investment Promotion Agencies, and submits to the Department.
3.    Local Health Authority
Provincial Level

a.   Oversees the enforcement of this RIRR.
b.   Enacts local ordinances to support and strengthen the implementation of this RIRR.
c.  Provides technical assistance to component city / municipality for the implementation of this RIRR.
d. Coordinates with other government agencies at the provincial level relative to the implementation of this RIRR;

City / Municipal Level

a.   Exercises jurisdiction in the enforcement of this RIRR.
b.   Issues licenses / business permits and suspends or revokes the same for any violation of the conditions upon which said licenses or permits had been issued, pursuant to existing laws or ordinances.
c.   Ensures compliance to submission of reportorial requirements of this
RIRR.
d. Coordinates  with  other  government  agencies  relative  to  the implementation of this RIRR.
e. Enacts city / municipal ordinances to support and strengthen implementation of the provisions of this RIRR.
4.    Investment Promotion Agency
a.   Exercises jurisdiction in the enforcement of this RIRR in the economic zone.
b.   Appoints / designates Health Officer who shall perform both the sanitary and public health functions in the economic zone.
c.   Issues licenses/business permits and suspends or revokes the same for any violation of the conditions upon which said licenses or permits had been issued, pursuant to existing laws or ordinances.
d. Coordinates with DOH and local government units relative to the implementation of this RIRR.
e.  Issues memoranda to support and strengthen implementation of the provisions of this RIRR in the economic zone.
f.    Ensures compliance to submission of reportorial requirements of this
RIRR.
X.   SEPARABILITY CLAUSE

In the event that any rule, section, paragraph, sentence, clause or word of this Administrative Order is declared invalid for any reason, the other provisions thereof shall not be affected.

XI.  REPEALING CLAUSE

This Administrative Order rescinds the 1999 Implementing Rules and Regulations on Chapter VII - Industrial Hygiene of the Sanitation Code of the Philippines, P.D. 856 Amending Administrative Order No. III s. 1991 and other related issuances which are inconsistent or contrary with the provisions of this Administrative Order. All other provisions of existing issuances which are not affected by this Order shall remain valid and in effect.

XII. EFFECTIVITY

This Order shall take effect fifteen (15) days following the date of its publication in a newspaper of general circulation.

(SGD) FRANCISCO T. DUQUE III, MD, MSc
Secretary of Health
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