How Does OSH Compliance Count Employees for Onsite and Remote Work in the Philippines?
Ensuring a safe and healthy workplace is a fundamental duty of every employer in the Philippines. The rapid growth of telecommuting (work-from-home and other remote setups), accelerated in recent years, has prompted questions about how Occupational Safety and Health (OSH) requirements apply to both onsite and offsite workers. This article discusses the key legal frameworks in the Philippines governing OSH compliance, clarifies how employees are generally “counted” for OSH obligations, and outlines the responsibilities of employers and workers, whether they work onsite or remotely.
1. Legal Framework for OSH in the Philippines
Labor Code of the Philippines (Presidential Decree No. 442)
- Establishes the general obligation of employers to provide safe working conditions.
- Empowers the Department of Labor and Employment (DOLE) to develop and enforce OSH standards.
Occupational Safety and Health Standards (OSHS)
- Originally promulgated by the DOLE in 1978 and subsequently updated.
- Contains detailed rules on workplace safety, hazard control, personal protective equipment, health services, and more.
Republic Act No. 11058 (“An Act Strengthening Compliance with Occupational Safety and Health Standards”)
- Passed in 2018, further strengthening the legal mandate for employers to comply with OSH Standards.
- Its Implementing Rules and Regulations (IRR) are contained in Department Order No. 198, Series of 2018 (DOLE DO 198-18).
Republic Act No. 11165, the “Telecommuting Act” (and its Implementing Rules)
- Establishes the legal framework for work-from-home and other telecommuting arrangements in the private sector.
- Mandates that telecommuting employees must receive the same rights, protection, and benefits as those working onsite, including coverage under OSH laws.
Relevant DOLE Issuances
- Department Circular No. 1, Series of 2020, addressing various work arrangements (including telecommuting) under the context of national emergencies.
- Additional guidance memos and advisories that clarify the employer’s responsibilities for workers who are offsite or working from home.
2. General Principle: All Employees Are Counted for OSH Compliance
Under Philippine law, both onsite and remote employees are generally included in the total headcount when determining an employer’s obligations under the OSH Standards. The law does not differentiate between employees based on where they perform their work; the focus is on the employer-employee relationship and the duty to provide a safe and healthy working environment.
2.1. Why “Total Number of Employees” Matters
Many OSH obligations in DOLE DO 198-18 (the IRR of RA 11058) are triggered by the total number of workers and the level of workplace risk. For example:
Safety Officer Requirements:
The number of required Safety Officers (often designated as Safety Officer 1, 2, 3, or 4) increases with the total number of workers and the risk classification (low, medium, high) of the establishment.Occupational Health Personnel Requirements:
Employers with larger workforces must engage specific health personnel (e.g., first-aider, nurse, physician) in either a part-time or full-time capacity. The thresholds for these requirements (e.g., 50 employees, 100 employees, 200 employees) are generally based on total headcount.Mandatory Reporting and OSH Program:
Employers must submit reports to the DOLE and implement an OSH Program once they exceed certain numbers of employees or engage in particular types of activities.
Because the law emphasizes a total workforce count, any worker with an employer-employee relationship, including those on telecommuting or hybrid arrangements, is typically counted.
3. Responsibilities of Employers for Remote Workers
Although remote workers are included in the overall headcount, the manner of ensuring their safety and health can differ in practice from onsite employees. Below are some key points:
Equal Rights and Benefits
- RA 11165 (Telecommuting Act) explicitly states that telecommuting employees must not be discriminated against in terms of rights and benefits. This includes access to OSH programs, training, and medical benefits.
Provision of Safe Working Conditions
- Employers are required to take reasonably practicable steps to ensure that remote work environments are safe. This can include providing guidelines on ergonomic workstation setups, mental health resources, and work-life balance considerations.
- Employers may distribute self-assessment checklists for remote workers to identify and mitigate hazards at home (e.g., electrical safety, workstation ergonomics).
Monitoring and Communication
- Employers must maintain open lines of communication with remote workers regarding health and safety concerns.
- Training programs, including OSH orientations and refresher courses, should be made available virtually.
Access to Health Services
- If a company is required by law to have onsite health personnel (e.g., nurse, doctor) or safety officers, remote employees must have the same access to their services—albeit through virtual consultations or scheduled onsite visits if needed.
Incident Reporting and Documentation
- In the event of work-related illnesses or accidents occurring at home, remote employees should know how to report them promptly. The employer must investigate, document, and file reports with DOLE as mandated by OSH Standards.
4. Counting Remote Employees in OSH Thresholds
4.1. Total Workforce Computation
When DOLE inspections or self-assessments are conducted, the employer should include all individuals who are in an employer-employee relationship in the total headcount. This includes:
- Full-time and part-time employees
- Contractual or probationary employees, if they are covered by an employer-employee arrangement
- Telecommuting or home-based employees under a valid employment contract
- Hybrid workers (part of the week onsite, part of the week remote)
4.2. Risk Classification vs. Workplace Setup
Philippine OSH Standards recognize that establishments may be classified as low, medium, or high risk depending on the nature of their activities. This classification influences the number and type of OSH personnel required. Even if a significant portion of the workforce is offsite, the business activity (e.g., manufacturing, construction, office-based work, etc.) typically determines the risk classification. Employers should:
- Assess the hazards associated with both the principal place of business (onsite) and the home working environment (remote).
- Develop a combined OSH Program that addresses hazards in all work settings under the employer’s purview.
4.3. Practical Application
- Example: A software development company has 70 employees, 50 of whom work onsite, and 20 work entirely from home. The total is 70 employees. This total headcount may require the company to have at least a Safety Officer 2 or 3, depending on its risk classification (likely low or medium risk) and the thresholds set by DOLE. Although the 20 remote workers are not physically in the office, they must be included in the computation for required OSH personnel.
5. DOLE Enforcement and Inspections
5.1. Routine Compliance Checks
DOLE Labor Laws Compliance Officers (LLCOs) conduct periodic visits or inspections to ensure that employers follow the OSH Standards. They will check the employer’s:
- OSH Program or Policy
- Records of OSH training
- List of OSH personnel (safety officers, occupational health personnel)
- Accident or illness logs and reports
- Worker headcount (to verify the employer’s thresholds and compliance)
While it is generally impractical for LLCOs to inspect each employee’s home, they will verify whether remote workers are included in the OSH planning, training, and reporting systems.
5.2. Penalties for Non-Compliance
Under RA 11058 and DOLE DO 198-18, failure to comply with OSH Standards may lead to:
- Administrative fines of up to PHP 100,000 per day for the period of non-correction (capped at PHP 1,000,000 for a single violation in some cases).
- Possible work stoppage orders if there is imminent danger.
- Other administrative sanctions (e.g., suspension of operations).
6. Best Practices for Employers
Draft a Comprehensive OSH Policy Covering All Work Arrangements
- Clearly articulate how the policy applies to onsite, hybrid, and fully remote employees.
- Include a dedicated section on ergonomics, mental well-being, and hazard prevention for remote setups.
Maintain Updated Employee Records
- Keep a clear and accurate headcount, including remote workers, to ensure correct classification and coverage under OSH thresholds.
Provide Training and Resources Online
- Offer virtual OSH orientation, hazard awareness, and emergency response training.
- Provide checklists or guidelines for safe home-office arrangements.
Encourage Incident Reporting
- Set up a user-friendly reporting system (e.g., via email, an HR platform) for remote workers to report injuries, near-misses, or hazards.
- Investigate and document each reported incident, as required by law.
Coordinate with Safety Officers and Occupational Health Personnel
- Ensure that designated Safety Officers understand their duties to all employees, regardless of location.
- Facilitate health-related consultations for remote staff through telemedicine or scheduled office visits.
Stay Updated with DOLE Issuances
- Check for new Department Orders, Circulars, or Advisories—especially as remote work arrangements continue to evolve.
7. Key Takeaways
- Inclusion of Remote Employees: The Philippine OSH legal framework does not exclude remote or offsite employees from the count when determining the employer’s duties.
- Same Rights and Benefits: Telecommuting employees are entitled to the same OSH protections as onsite workers.
- Risk Classification: Although remote work might reduce certain workplace hazards, the overall business activity and total headcount govern the employer’s OSH obligations.
- Practical Compliance: Employers must craft policies, training programs, and reporting procedures that account for the realities of remote setups, without diminishing their responsibility to keep workers safe.
By understanding and applying these principles, Philippine employers can ensure that they remain compliant with OSH laws and regulations—protecting both onsite and remote employees and maintaining a safe and healthy work environment for everyone.
References and Further Reading
- Labor Code of the Philippines (PD 442)
- RA 11058 (Strengthening Compliance with Occupational Safety and Health Standards) and DOLE Department Order No. 198, Series of 2018
- RA 11165 (Telecommuting Act) and its Implementing Rules and Regulations
- Occupational Safety and Health Standards (OSHS)
- DOLE Department Circular No. 1, Series of 2020
Disclaimer: This article provides a general overview of OSH compliance and legal considerations in the Philippines, but it does not constitute legal advice. For specific concerns, please consult legal counsel or the Department of Labor and Employment (DOLE).