Section 28Sec./Art. 28

Prohibited Acts. - The following are considered as prohibited acts:

(a) Willful failure or refusal of an employer, contructor or subcontructor to comply with the required OSH standards or with a compliance order issued by the Secretary of Labor and Employment or by the Secretary's authorized representative shall make such employer, contructor or subcontructor liable for an administrative fine not exceeding One hundred thousand pesos (₱100,000.00) per day until the violation is corrected, counted from the date the employer or contructor is notified of the violation or the date the compliance order is duly served on the employer. The amount of fine imposed shall depend on the frequency or gravity of the violation committed or the damage caused: Provide, however, That the maximum amount shall be imposed only when the violation exposes the workers to a risk of death, serious injury or serious illness.

(b) An employer, contructor or subcontructor who willfully fails or refuses to comply with the required OSH standards or with a duly issued compliance order, and engages in any of the following acts to aid, conceal or facilitate such noncompliance shall be liable for a maximum of One hundred thousand pesos (₱100,000.00) administrative fine separate from the daily fine imposed above:

(1) Repeated obstruction, delay or refusal to provide the Secretary of Labor and Employment or any of its authorized representatives access to the covered workplace or refusal to provide or allow access to relevant records and documents or obstruct the conduct of investigation of any fact necessary in determining compliance with OSH standards;

(2) Misrepresentation in relation to adherence to OSH standards, knowing such statement, report or record submitted to the DOLE to be false in any material aspect;

(3) Making retaliatory measures such as termination of employment, refusal to pay, reducing wages and benefits or in any manner discriminates against any workers who has given information relative to the inspection being conducted.

For the purpose, the Secretary of Labor and Employment, in consultation with relevant stakeholders, shall issue a list of offenses with corresponding reasonable administrative fines depending on the severity, frequency and damage caused without prejudice to the filing of a criminal or a civil casein the regular courts, as the case may be.

The fine collected shall be used for the operation of occupational safety and health initiatives, including occupational safety and health training and education and other occupational safety and health programs.

CHAPTER VII

MISCELLANEOUS PROVISIONS