Suitable first-aid facilities shall be made available for workers performing night work, including arrangements where such workers, where necessary, can be taken immediately to a place for appropriate treatment. The employers are likewise required to provide safe and healthful working conditions and adequate or reasonable facilities such as sleeping or resting quarters in the establishment and transportation from the work premises to the nearest point of their residence subject to exceptions and guidelines to be provided by the DOLE.
Editor’s notes from DOLE (1)
Sec. 4 (Mandatory facilities) of D.O. 119 (2012) requires the following: (a) Suitable first-aid and emergency facilities as provided for under Rule 1960 of the OSHS; (b) Lactation station in required companies pursuant to R.A. No. 10028; (c) Separate toilet facilities for men and women; (d) Facility for eating with potable drinking water; and (e) Facilities for transportation and/or properly ventilated temporary sleeping or resting quarters, separate for male and female workers, shall be provided except where any of the following circumstances is present: (i) Where there is an existing company guideline, practice, or policy, collective bargaining agreement (CBA) or any similar agreement between management and workers providing for an equivalent or superior benefit; or (ii) Where the start or end of the night work does not fall within 12 midnight to 5 o’clock in the morning; or (iii) Where the workplace is located in an area that is accessible twenty-four (24) hours to public transportation; (iv) Where the number of employees does not exceed a specified number as may be provided for by the Secretary of Labor and Employment in subsequent issuances.
Text and numbering follow the Department of Labor and Employment's 2022 edition of Presidential Decree No. 442, as amended and renumbered under DOLE Department Advisory No. 01, series of 2015. Former article numbers are shown in brackets. Notes are DOLE's editorial notes. Amendments after that edition are not included. For information and research only, and not legal advice. For certified copies, refer to the Official Gazette or the issuing agency.