Letter to an Attorney:

Dear Attorney,

I hope this letter finds you well. I am writing to seek your legal guidance on a matter concerning workplace training for Safety Officer 1 (SO1) and Safety Officer 2 (SO2). Specifically, there is a question regarding who should attend these trainings: the employees who may not be familiar with the responsibilities or the supervisors overseeing workplace safety.

Understanding the legal and regulatory framework governing this issue is critical to ensuring compliance and addressing this matter appropriately. Your insights on this matter would be greatly appreciated.

Thank you in advance for your guidance.

Sincerely,
A Concerned Manager

Legal Analysis of SO1 and SO2 Training in the Workplace

In the Philippines, workplace safety and health are governed primarily by Republic Act No. 11058, also known as the "Occupational Safety and Health Standards Act" (OSHS Act), and its corresponding Department of Labor and Employment (DOLE) Implementing Rules and Regulations (IRR) under Department Order No. 198, Series of 2018. These laws mandate that establishments implement safety and health programs and designate appropriate personnel to manage workplace safety.

Below is a comprehensive exploration of the roles and responsibilities surrounding SO1 and SO2 training attendance.

1. Legal Foundation for Safety Training

1.1. Mandate Under the OSHS Act

RA 11058 explicitly requires employers to ensure that their workplace complies with occupational safety and health standards. A key aspect of compliance is the appointment of trained Safety Officers and the implementation of safety programs. The law recognizes different levels of Safety Officers based on the nature and size of the business, as well as the level of hazards involved.

1.2. Department Order No. 198, Series of 2018

Under this DOLE directive, businesses are required to appoint Safety Officers of varying levels (SO1, SO2, SO3, and SO4) depending on:

The number of employees,
The industry classification (e.g., low-risk, medium-risk, high-risk), and
The presence of specialized hazards.

2. Who Should Attend SO1 and SO2 Training?

2.1. Overview of SO1 and SO2 Designations

SO1 (Safety Officer 1): Primarily responsible for low-risk establishments or smaller enterprises. The training focuses on basic safety protocols and hazard identification.
SO2 (Safety Officer 2): Applies to medium-risk establishments or larger enterprises. SO2s are required to oversee safety programs and conduct risk assessments.

2.2. Criteria for Appointment and Training Attendance

The OSHS Act and its IRR specify that the following personnel are responsible for attending SO1 or SO2 training:

Supervisors or Managers in Charge of Safety Programs: Supervisors and managers are often the default attendees, as they are tasked with ensuring compliance with safety standards and managing safety programs.
Employees Designated as Safety Officers: In certain workplaces, an employee with relevant knowledge or the capacity to understand and implement safety policies may be trained for this role.

3. Factors Influencing Attendance

3.1. Employer Discretion Employers are mandated to appoint personnel as Safety Officers based on their ability to effectively manage safety protocols. This decision often considers the following:

Competence: Does the employee or supervisor have prior knowledge or expertise in occupational safety?
Authority: Supervisors are often preferred due to their ability to enforce policies and make decisions on safety compliance.
Operational Need: Smaller establishments with limited personnel may designate any capable employee.

3.2. DOLE Requirements DOLE provides specific criteria for the designation of Safety Officers:

A trained Safety Officer must be present at all times during operations.
The number and level of Safety Officers depend on the establishment's risk category and workforce size.

3.3. Practicality and Organizational Dynamics

Supervisors: Training supervisors ensures that individuals with decision-making authority can directly implement changes or improvements.
Employees: In certain cases, training employees may help distribute safety knowledge and foster a culture of shared responsibility.

4. The Importance of Training Attendance

4.1. Legal Compliance Failure to designate appropriately trained Safety Officers can result in penalties under RA 11058, including:

Fines,
Workplace closure or suspension, or
Criminal liability for negligence leading to workplace accidents.

4.2. Workplace Safety The primary purpose of SO1 and SO2 training is to prevent accidents, injuries, and fatalities. Training ensures that personnel understand:

Hazard identification,
Emergency response protocols, and
Risk mitigation strategies.

4.3. Accountability Trained Safety Officers are held accountable for maintaining workplace safety, ensuring that safety programs are actively implemented, and reporting incidents as required by law.

5. Practical Steps for Employers

To ensure compliance and effectiveness, employers should:

Assess Workforce Needs: Determine whether the supervisor, employee, or both should attend training based on operational dynamics.
Consult with DOLE: Engage with DOLE to understand specific requirements for your industry.
Invest in Ongoing Training: Beyond SO1 and SO2, employers should consider advanced training (e.g., SO3 or SO4) for key personnel in high-risk industries.
Document Compliance: Maintain records of training attendance, designations, and safety programs to demonstrate compliance during inspections.

6. Recommendations on Training Assignments

Scenario Analysis

Low-Risk Workplace: It may be appropriate for an employee to be trained as SO1, particularly if the employee has existing responsibilities related to safety.
Medium-to-High-Risk Workplace: A supervisor should be trained as SO2 to ensure the implementation of safety measures is aligned with managerial decision-making authority.

Balanced Approach In some cases, both an employee and a supervisor may attend training to ensure comprehensive understanding and execution of safety policies.

Conclusion

Determining who should attend SO1 or SO2 training depends on several factors, including the workplace's risk level, the workforce's size, and the employer's operational strategy. Supervisors are often the preferred attendees due to their authority and decision-making capacity, but employees may also be designated based on necessity and competence. Ensuring proper training and compliance with occupational safety laws is essential not only for legal adherence but also for fostering a safe and productive work environment.

By adhering to the requirements of RA 11058 and DOLE's implementing rules, employers can safeguard their workforce while avoiding potential legal liabilities.