# DC2012-11-0009 — Renewable Energy Safety, Health and Environment Rules and Regulations (RESHERR) ## Department Circular No. DC2012-11-0009 Signed: 21 November 2012 by DOE Secretary Carlos Jericho L. Petilla Effectivity: Fifteen (15) days following publication in at least two (2) newspapers of general circulation --- ## STATEMENT OF AUTHORITY Pursuant to RA 9513 (Renewable Energy Act of 2008) and Section 5 of RA 7638 (Department of Energy Act of 1992), and to ensure adequate safety and protection against hazards to health, life and property and pollution of air, land and water from Renewable Energy (RE) Operations, the following safety, health and environment rules and regulations are promulgated. --- ## RULE 1 — GENERAL PROVISIONS **Section 1. Title.** This Department Circular is known as the "Renewable Energy Safety, Health and Environment Rules and Regulations of 2012" (RESHERR), hereinafter the Circular. **Section 2. Scope and Coverage.** Applies to all Employers, Employees, contractors, and other entities engaged in RE Operations in the Philippines. **Section 3. Definition of Terms.** Terms generally defined in other existing regulations or the Occupational Safety and Health Standards (OSHS) carry the same meaning in this Circular. Additional terms defined for this Circular: 1. **Authorized Representatives** — any Employee of the Renewable Energy Management Bureau (REMB) or other DOE unit authorized by the REMB Director to enforce this Circular. 2. **Bureau** — the REMB. 3. **Code of Practice** — the set of safety, health and environment standards for each RE resource/technology, to be promulgated by the Bureau under Section 8, Rule 2. 4. **Contract** — an RE Service/Operating Contract. 5. **Department** — the DOE. 6. **Director** — the Director of the REMB. 7. **DENR** — the Department of Environment and Natural Resources. 8. **DOLE** — the Department of Labor and Employment. 9. **Environment** — Occupational Environmental Control as provided in OSHS Rule 1070. 10. **Employee** — any person who works for wage or salary in the service of an Employer. 11. **Employer** — the service/operating contractor referred to in an RE Service/Operating Contract, and other entities (government or private) engaged in RE Operations, alone or in consortium, that hire one or more persons for wages or salaries. 12. **Lost Time Accident** — an accident that prevents the injured person from performing his regular job on the next working day following the injury, or, after reporting for work the next working day, causes the person to fail to continue normal work due to complications resulting in permanent injury and disability. 13. **Non-Lost Time Accident** — an accident that does not prevent the injured person from performing his regular work the day following the injury and thereafter. 14. **OSHS** — the Occupational Safety and Health Standards issued by DOLE. 15. **RE Facilities** — facilities related to exploration, development and utilization of RE resources, including manufacturing, fabrication and supply of locally-produced RE machineries, equipment, components and parts. 16. **RE Operations** — all activities related to exploration, development and utilization of RE resources, including manufacturing, fabrication and supply of locally-produced RE machineries, equipment, components and parts. 17. **Workplace** — the office, premises or worksites where Employees are situated, including the office or place where workers without a fixed or definite worksite regularly report for assignment. --- ## RULE 2 — ADMINISTRATION AND ENFORCEMENT **Section 4. Powers and Duties of the Director or His Duly Authorized Representative.** 1. Enforce this Circular and all other pertinent occupational safety, health and environment regulations. 2. Inquire into or inspect the safety of all RE Operations for compliance with the Contract and/or accreditation terms. 3. In investigations, summon company officials, Employees, or other persons with knowledge relevant to the inquiry, and require production of pertinent documents. 4. Issue suspension/variation orders per OSHS Rules 1012.03 and 1012.04, as amended. 5. Conduct separate incident/accident investigations for fatal accidents and dangerous occurrences, to determine causes and introduce remedial measures. 6. Suspend any activity or operation causing or threatening imminent danger, until necessary action is taken. **Section 5. Duties of Employers.** 1. Make and give effect to appropriate arrangements, given the nature and size of activities, for effective planning, organization, control, monitoring, and review of preventive and protective measures. 2. Conduct and record a suitable and sufficient assessment of: (a) risk to Employees' health, safety, and environment at work; and (b) risk to non-employed persons from the Employer's operations. 3. Review the assessment when: (a) there is reasonable ground to believe it is no longer valid; (b) there has been a significant change in the assessed matter; or (c) a review reveals the assessment requires changes. 4. Provide Employees with comprehensible, relevant hazard information: (a) risks identified by the assessment; (b) preventive and protective measures; (c) hazard-assessment procedures; and (d) the identity of persons conducting hazard assessment. **Section 6.** Every Employer shall submit to the Director an annual comprehensive Safety, Health and Environmental Management Plan and Program for the succeeding year, on or before 1 December of the current year. **Section 7. Duties of Employees.** 1. Use machinery, equipment, dangerous substances, transport equipment, means of production, or safety devices supplied by the Employer in accordance with company policy and this Circular. 2. Inform the Employer, or the person responsible for fellow Employees' safety, health and environment, of: (a) any work situation a trained/instructed person would reasonably consider posing serious and immediate danger; and (b) any shortcoming in the Employer's protection arrangements. **Cooperation and Coordination.** Where two or more Employers share a Workplace (temporary or permanent), each shall: (1) cooperate with the other contractor(s) to enable compliance with requirements imposed under these Rules; (2) take reasonable steps to coordinate necessary compliance measures with other contractor(s); and (3) take reasonable steps to inform other Employers of risks to their Employees' health and safety arising from the undertaking. **Section 8. Code of Practice.** Within six (6) months of this Circular's effectivity, the Bureau shall, in consultation with RE stakeholders and relevant government agencies, promulgate the Code of Practice for this Circular. --- ## RULE 3 — SAFETY, HEALTH AND ENVIRONMENT ORGANIZATION **Section 9. Policy Statement.** A general safety, health and environment policy statement in writing shall be issued by the Employer or corporate organization, reflecting management's positive attitude, support, and commitment to effective leadership and program administration for safety, health and environment. **Section 10. The Safety, Health and Environment Organization.** Shall be under the direct and immediate control and supervision of the highest official; the program shall be integrated into the organization's overall management and control system. The Employer shall assign a safety, health and environment unit in each operation to maximize effective implementation and enforcement of the Rules. **Section 11. Personnel.** 1. Every Employer shall appoint the minimum number of qualified full-time Safety Engineers/Officers per Employee headcount in RE Operations: | Phase | 1000+ Employees | 500–999 | 50–499 | |---|---|---|---| | Pre-Development/Exploration | 1 | 1 | 1 | | Development | 3 | 2 | 1 | | Construction | 3 | 2 | 1 | | Production | 2 | 1 | 1 | | Plant Operation | 3 | 2 | 1 | 2. Every Employer shall designate a qualified supervisor with minimum Basic Occupational Safety and Health (BOSH) training from a DOLE-Accredited Safety Training Organization (STO) as part-time Safety Officer where RE Operations involve fewer than 50 persons. 3. Every Employer shall appoint qualified occupational health personnel per OSHS Rule 1960, as amended. **Section 12. Safety, Health and Environment Committee.** Organized in all RE Facilities upon commencement of operations. Minimum composition: - **Fewer than 100 workers:** Chairman (Manager); Members (1 Foreman/Supervisor, 3 workers, Nurse/First-aider, Environmental Officer, Contractor Safety Officer if applicable); Secretary (Safety Officer). - **More than 100 workers:** Chairman (Manager); Members (1 Foreman/Supervisor, 4 workers, Nurse/First-aider, Environmental Officer, Contractor Safety Officer if applicable); Secretary (Safety Officer). **Section 13. Qualifications of Safety Engineer/Officer and Issuance/Cancellation of Safety Engineer's/Officer's Permit.** 1. An Employee is a qualified Safety Engineer/Officer under Section 10 if he/she has sufficient training, experience, knowledge, and other qualities to fulfill the required tasks. 2. All persons practicing occupational safety in the RE industry must be duly qualified and accredited by the Bureau. 3. The Bureau may issue a certification/permit attesting to competence for a person with: (a) a duly licensed engineer's credentials plus 2 years' actual occupational-safety experience in RE-industry work and minimum BOSH training; (b) a degree or 2 years of college plus 5 years' actual occupational-safety experience in RE-industry work and minimum BOSH training; or (c) DOLE accreditation as a Safety Practitioner. 4. A Safety Engineer's/Officer's Permit is issued upon submission of: (a) a sworn application (Appendix A) emphasizing service record; (b) Employer/contractor endorsement and certification; (c) two 2"x2" photos taken within the last 3 months; and (d) payment of a PhP300.00 processing fee, subject to the DOE Revised Schedule of Fees and Charges. 5. Annual renewal is required within 1 month prior to expiration; the Bureau issues a new permit only after reviewing qualifications, service record, and accreditation compliance. 6. The Director, on recommendation of the concerned Division Chief, may cancel a safety personnel's accreditation for: (a) conviction of a crime involving moral turpitude; (b) violation of professional ethics; or (c) gross negligence resulting in incidents/accidents, including but not limited to those under Rule 4 Section 14(2). --- ## RULE 4 — REPORTING AND RECORDING OF INCIDENTS/ACCIDENTS/ILLNESSES/DISEASES **Section 14. Notification and Reporting.** 1. Every Employer shall report to the Bureau in writing the investigation results of all Lost Time Accidents with major loss/damage. 2. The written report must be transmitted via the fastest available means within **24 hours** of any of the following: fatal accidents; hospitalization of 3+ persons; accidental detonation of explosives/blasting agents; explosion or blowout; accidental/over-exposure to ionizing radiation; accidental exposure to immediately-dangerous-to-life-and-health toxic substance levels; or property damage of PhP1,000,000 or more. 3. Each report uses the prescribed form (Appendix B). 4. A quarterly statistical accident/incident/illness/disease report is submitted to the Bureau within 20 days following each quarter's end, using the prescribed form (Appendix C). **Section 15. Record-keeping.** 1. Every Employer maintains a calendar-year log and summary of all reportable incidents, completed in detail on the prescribed form. 2. The log and summary are made available to the Director or Authorized Representatives during inspection. **Section 16. Evaluation of Disability and Measurement of Performance.** Charges for evaluating disability, measuring exposure to industrial injuries, determining Employee-Hours of Exposure, and measuring Injury/Illness Experience follow OSHS Rules 1055 and 1056, as amended, respectively. --- ## RULE 5 — GENERAL SAFETY, HEALTH AND ENVIRONMENT PROVISIONS **Section 17. General Applicability.** A standard/regulation specifically applicable to a condition, practice, means, method, process or operation prevails over a general standard/regulation that might also apply. **Section 18. Safety and Health Training.** 1. Every Employer ensures Employees receive adequate safety and health training from a DOLE-Accredited STO upon employment and upon exposure to new/increased risks from: (a) transfer or change of responsibilities; (b) introduction of new/changed work equipment; (c) introduction of new technology; or (d) introduction of a new/changed system of work. 2. Training shall: (a) be conducted every 3 years or as directed by the Bureau, by a DOLE-Accredited STO; (b) account for new/changed risks; (c) take place during working hours; and (d) be recorded (title, duration, facilitators/lecturers, and evaluation results). **Section 19. Personal Protective Equipment (PPE).** 1. Where hazards requiring PPE are present or likely, the Employer/contractor shall: (a) select PPE properly fitting each affected Employee; (b) communicate selection decisions; (c) require affected Employees to use PPE; and (d) provide training on proper PPE use and care. 2. Employees are provided appropriate PPE, safety devices, and equipment at the Employer's expense. **Section 20.** All PPE shall be of approved design and construction appropriate to the exposure and work, meeting minimum OSHS requirements. Prior to use, a fit test ensures the PPE: (a) adequately protects against the specific designed-for hazard; (b) is reasonably comfortable; and (c) fits properly without unduly interfering with the user's movements. **Section 21.** No Employee in a plant or field shall be exposed to a hazardous environmental condition without necessary protection, and the Employee must be physically fit to use the PPE. **Workplace Monitoring and Control.** Every Employer shall: (1) monitor and control Employees' exposure to Workplace hazards, maintaining records per OSHS Rule 1070, as amended; (2) carry out regular measurements of Workplace hazards in operations and work processes, with records available during Bureau inspection; (3) periodically monitor airborne toxic and hazardous substances; and (4) develop procedures for work involving toxic and hazardous substances. **Electrical and Mechanical Works.** All electrical and mechanical installations, constructions, and equipment comply with the latest Philippine Electrical Code and Philippine Society of Mechanical Engineering Code. Operations, maintenance, and repair are done by qualified, duly authorized personnel per RA 7920 ("New Electrical Engineering Law," Ethics on Professional Practice) and RA 8495 ("Mechanical Engineering Law"). **Section 22. Guarding of Machinery.** All moving parts of machinery and dangerous parts of equipment are effectively guarded per OSHS Rule 1200, as amended. **Section 23. Work Permit System.** 1. Every Employer adopts and implements a work permit system. 2. No critical activity (hot work, work on electrical systems, excavation, critical lift, work on heights, confined-space work, or other critical activity) is allowed unless all hazards are removed or controlled. 3. Employees exposed to hazards from hot work, energy isolation, excavation, critical lift, work on heights, confined spaces, or other critical activity are protected by PPE per Section 19. **Section 24. Use of Commercial Explosives.** No Employer shall store, handle, or transport explosives or blasting agents within RE Facilities where doing so constitutes an undue hazard to life or limb. Requirements under Rule 10, Chapter IV, Division 5 of the Fire Code of the Philippines and the Philippine National Police-Explosives and Ordinance Division are adopted. A quarterly transaction report is submitted to the Bureau within 20 days following each quarter's end, using the prescribed form (Appendix D). **Section 25. Construction Works.** Employers safeguard Employees in construction work per OSHS and DOLE Department Order No. 13, series of 1998 ("Guidelines Governing Occupational Safety and Health in the Construction Industry"), applicable to every RE Workplace. **Section 26. Fire Protection and Control.** 1. Every Employer, considering potential risks, shall construct, install, provide, incorporate, adopt and maintain in RE Facilities, under operable and practical conditions: (a) fire suppression devices, equipment or systems; (b) fire safety structures; and (c) fire protection and warning systems. 2. RE Operations/processes with potential for serious fire and explosion are segregated or located to limit the number of Employees present at any time. 3. Basic safety measures and special fire-prevention precautions, and the use/handling/storage of hazardous materials, follow the Fire Code of the Philippines. **Section 27. Serious and Imminent Danger.** Every Employer shall: (a) create a Disaster Emergency Preparedness/Contingency Plan and Response Team; (b) establish an emergency action plan for serious and imminent danger; (c) designate competent persons to implement evacuation procedures; and (d) restrict Employee access to health/safety-restricted areas unless the Employee has received adequate instructions and presence is necessary to abate the imminent danger. Additional requirements: (2) an appropriate emergency alarm system, distinctive and recognizable as an evacuation/action signal; (3) emergency drills at least twice yearly; (4) for procedures under (1)(b): inform exposed persons of the hazard and protective steps, enable persons to stop work and reach safety in serious/imminent/unavoidable danger, and, in exceptional substantiated cases, prevent resumption of work while serious and imminent danger persists; and (5) a person is "competent" for evacuation-procedure purposes if they have sufficient training, experience, or knowledge to properly implement it. **Section 28. Hazard Communication.** Every Employer informs all Employees of safety and health hazards associated with their work. Hazardous substances/chemicals used, processed, or produced are evaluated, stored in approved containers, and properly labeled. Standard instructional/warning signs and color codes for piping-system material identification follow OSHS, as amended, and the Philippine Society of Mechanical Engineers Code. **Section 29. Engineering Change Management.** All new installations, plant, equipment, and facility changes undergo hazard screening and review to ensure standards conformance. **Section 30. Environmental Compliance.** All RE Operations comply with existing environmental regulations prescribed by DENR and/or other concerned agencies. --- ## RULE 6 — OCCUPATIONAL HEALTH REQUIREMENTS **Section 31. Health Program.** 1. Every Employer promotes, protects, and maintains Employee health through an occupational health program including: (a) pre-employment, periodic, special, transfer/separation, and other necessary health examinations; (b) management and treatment of occupational injuries/diseases; (c) immunization programs; (d) health education and counselling; (e) medical record-keeping; and (f) other relevant health programs. 2. Health surveillance includes: (a) biological monitoring; (b) medical surveillance; and (c) symptom/injury inspection and examination. **Section 32. Health Services.** 1. Every Employer provides necessary medical and dental services and facilities per OSHS Rule 1960, as amended. 2. Every Employer maintains additional emergency medical supplies and medicines as recommended by its medical personnel. 3. Absent a nearby clinic/hospital, every Employer ensures suitable transport facilities and sufficiently trained first-aid personnel are readily available. 4. The Employer provides necessary sanitary and welfare facilities per Chapter VII of PD 856 ("Sanitation Code of the Philippines"). --- ## RULE 7 — ADMINISTRATIVE FINES AND PENALTIES **Section 33. Administrative Fines and Penalties.** Pursuant to Rule 2, the Director imposes fines for: 1. **Failure or late submission of quarterly statistical reports** (incident/accident/illness/disease): 1st offense PhP10,000; 2nd offense PhP20,000; 3rd and succeeding offenses PhP50,000. 2. **Failure to register or secure/renew a safety engineer's/officer's permit:** within 1 month after old-permit expiration, PhP10,000; after 1 month, PhP20,000 plus PhP20,000 per succeeding month. 3. **Failure to employ a qualified safety officer:** within 6 months of Contract signing and/or certificate of registration, PhP100,000; after the 6th month, an additional PhP20,000 per succeeding month. 4. **Failure to notify the Bureau** of a reportable incident/accident within the Rule 4 Section 14 period, by the fastest efficient means: PhP10,000. 5. **Failure to correct unsafe condition(s)** noted by the Bureau's Authorized Representative: 1st offense PhP100,000; 2nd offense PhP200,000; 3rd and succeeding offenses PhP500,000 and suspension of operations in the affected area until rectified. 6. **Withholding or failing to provide** pertinent safety data/information on RE Operations as required by the Bureau: 1st offense PhP10,000; 2nd offense PhP20,000; 3rd and succeeding offenses PhP50,000. Official receipts cover all fines collected under paragraph (1). --- ## RULE 8 — FINAL PROVISIONS **Section 34. Separability Clause.** If any provision or its application to any person/circumstance is declared invalid, the remainder of the Circular and its application to other persons/circumstances is unaffected. **Section 35. Resolution of Conflicts and Overlapping Jurisdictions.** Conflicts, duplications, or overlaps with rules and regulations of other government agencies are resolved by coordination or other means of cooperation among such agencies. **Section 36. Interpretation.** Notwithstanding Section 36 [sic; text references itself], Rule 8, where requirements overlap or duplicate an existing regulation, compliance with the more specific regulation is substantial compliance. Where this Circular's requirements exceed those of the more specific regulation, additional measures are instituted for full compliance, as determined by the Director to be at least as effective as this Circular's standards. **Section 37. Repealing Clause.** All rules and regulations pertaining to safety, health and environment in RE Operations, orders, or parts thereof inconsistent with or contrary to this Circular are repealed, amended, or modified accordingly. **Section 38. Effectivity.** This Circular takes effect fifteen (15) days after publication in at least two (2) newspapers of general circulation. Issued on 21 November 2012, in Energy Center, Bonifacio Global City, Taguig City. **CARLOS JERICHO L. PETILLA** Secretary, Department of Energy --- ## APPENDICES Four blank administrative forms follow the main text (pages 20–32 of the source PDF; not reproduced in full as they carry no prose content, only fillable fields): - **Appendix A** — Application for Safety Engineer's/Officer's Permit (personal data, educational attainment, work experience, notarization and DOE evaluation blocks). - **Appendix B** — Accident Report (identifying information, injury/illness or property damage or other loss, risk rating, event description, cause analysis, action plan, and sign-off fields). - **Appendix C1–C6** — Statistical report forms ("Analysis of Personal Accidents" by month, and further breakdowns including by part of the body), tracking NLTA, Lost-Time (Fatal/Non-Fatal), Days Lost, Total Man-Hours, Frequency Rate, and Severity Rate. - **Appendix D** — Explosive Monthly Transaction Report (use/disposition, purchase, and current inventory of explosives).