RULE 1980
AUTHORITY OF LOCAL GOVERNMENT
1981: General Provisions:
(1) The Department shall be solely responsible for the administration and enforcement of occupational safety and health laws in all workplaces. However, local governments may be authorized by the Secretary to enforce this Standards within their respective jurisdictions where they have adequate facilities and personnel for the purpose as determined by and subject to national standards prescribed by the Department.
(2) The Department or such other duly authorized engineers and other national government agents, as the Secretary may designate, shall enforce the requirements of the Electrical Engineering Law pertaining to the installation, operations, tending and maintenance of electric generating plans and pass upon applications for electrical construction or installation within their respective jurisdiction in all cases which are not acted upon by the Board of Power and Waterworks, the Department of National Defense, and the Bureau of Customs, and shall issue the corresponding permits if the plans and/or specifications submitted are in conformity with the provisions of this Standards.
1981.01: Types of Inspection:
For the purpose of this Standards, inspection activities shall be divided into Technical Safety Inspection and General Safety Inspection.
(1) Technical Safety Inspection – shall refer to inspection for the purpose of safety determination of boilers, pressure vessels, internal combustion engines, electrical installations, elevators, hoisting equipment and other mechanical equipment.
(2) General Safety Inspection – shall refer to inspection of the work environment, including the location and operation of machinery other than those covered by technical safety inspections. adequacy of work space, ventilation, lighting, conditions of work environment, handling, storage or work procedures, protection facilities and other safety and health hazards in workplace.
1982: Authority to Chartered Cities:
The Department may delegate enforcement of this Standards to chartered cities, subject to the conditions provided herein, the authority to conduct technical safety inspection in workplaces within their respective jurisdictions, together with the undertaking of other related activities.
1982.01: City Service Plan:
Chartered cities that desire to assume responsibility for technical safety inspection as defined above shall submit a request to the Secretary, through the Regional Labor Office concerned with the following requirements:
(1) A plan containing:
a. Copy of the city ordinance or other appropriate authority enabling the city to establish and operate a safety service adequate for the purpose of technical safety inspection;
b. A description of the safety service as organized, including its organizational structure, statement of functions, name and qualifications of each personnel, tools and equipment available, and where the service shall be organizationally attached;
c. An undertaking that the safety standards established by the Department including rules, standards and orders shall be complied with in the conduct of the activities of the service:
d. The. number of establishments to be covered by inspection activities of the service; and
e. An undertaking that the reports required by said standards, rules and orders shall be submitted to the Department.
(2) Personnel:
Every safety service shall, for the purpose of technical safety inspection as provided herein, have at least one professional mechanical or electrical engineer for the first five hundred (500) inspectionable units and one registered mechanical or electrical engineer or master electrician for every other five hundred (500) inspectionable units depending on the safety service applied for, with the necessary clerical support personnel.
(3) Tools, Equipment and Other Facilities:
Every city safety service authorized to conduct technical safety inspection shall be equipped with the following:
a. Slide rule
b. Collapsible steel tape
c. Engineering Scale
d. Flashlight
e. Boiler testing hammer
f. Depth gauge, micrometer, inside and outside caliper
g. Inspector’s test pressure gauge
h. Sealing pliers
i. Hook-on volt ammeter
j. Megger tester
k. Safety goggle
1. Tachometer
m. Hard hat
n. Safety shoes
The Department may add to this list of tools or equipment as the nature of the work may require.
1982.02: Processing and Approval of Request:
The Bureau shall conduct the necessary investigations to determine the capability of the city-applicant to conduct technical safety inspection in their respective jurisdictions. The city concerned shall make available all the facilities and the cooperation necessary for the proper conduct of such investigations.
The request for authority shall be given due course if the Secretary is satisfied upon the completion of such investigation that the city safety service is adequate for the purpose of technical safety inspections, subject to such conditions as the Secretary may prescribe, otherwise the applicant shall be informed on how it can meet the prescribed requirements.
1982.03: Effectivity of Authority:
(1) The authority delegated to chartered cities shall take effect upon approval by the Secretary of the plan after all the necessary administrative arrangement have been completed and the Secretary, after. proper investigation, is satisfied that the undertakings contained in the Plan have been complied with
(2) The authority delegated shall specify the technical areas and related activities for which it is granted.
1982.04: Duration of Authority:
The authority delegated to chartered cities by the Secretary shall be effective until otherwise withdrawn by him, after proper investigation, on grounds of failure of the city safety service to undertake its work in accordance with this Rule, the plan as approved, and the appropriate standards, rules and regulations established by the Department.
1982.05: Evaluation of Performance:
For the purpose of Rule 1982.04 hereof, the Secretary or his authorized representative shall from time to time verify compliance by the city safety service with the issuance therein stated, including spot-checking of tools and equipment used in the safety service, inspectionable units and establishments.
1982.06 : Assistance to City Safety Service:
The Department shall render assistance to any City Safety Service upon request in all matters affecting the performance of its safety functions.
1983: Authority of Municipalities:
A municipality which desires to assume authority to conduct technical safety inspection shall follow the procedure prescribed in 1982.01. The Secretary shall evaluate, reject or withdraw such plan in the same manner provided by this Rule.
1984: Authority of Other Government Agencies:
The Secretary may authorize other government agencies to conduct technical safety inspection as may be necessary in the attainment of the objectives of such agencies and the demands of national development. The application for authority shall be as required in this Rule.
1985: Application of this Standards to Existing Plans and Authorities:
All plans and authorities granted prior to the approval of this Standards shall remain in fun force for one year from the date this Standards takes effect. After said period, such plans and authorities shall be revised to conform with the provisions of this Standards.
1986: Duplication of Inspection:
(1) Where a delegation of authority has been granted, the Secretary shall not conduct similar inspection activities in the area covered by the delegation unless the authority is revoked or for audit purposes; and
(2) In the case of mobile inspectionable units, such as portable boilers, pressure vessels, and other similar units, the necessary annual inspection shall be conducted and the inspection fee paid only once a year regardless of the subsequent location of such inspectionable unit within the fee year.
Labor Code of the Philippines 