Stronger occupational safety and health standards in workplaces

The proposed amendatory law to further protect workers against undue occupational and health hazards was approved on final reading by the House of Representatives, two days before Congress takes its break this week.

"We have to protect our workers by strengthening compliance of employers with occupational safety and health standards," authors of HB 6397 stressed.

HB 6397 is a substitute bill for six separate but related measures consolidated, approved and sponsored in plenary by the House Committee on Labor and Employment chaired by Rep. Karlo Alexei B. Nograles, himself an author of one of the original bills.

The measure, entitled "An Act strengthening compliance with occupational safety and health standards and providing penalties for violations thereof," enumerates the duties and rights of employers and workers relative to occupational safety and health.

The bill's key provisions include the institutionalization of a workplace occupational safety and health program and structure.

It also provides that compliance with occupational health and safety standards shall be a joint and solidary liability of the employer, project owner, general contractor, contractor, subcontractor and any person who manages, controls or supervises the work being undertaken.

Principal authors of the original bills include: Reps. Emmeline Y. Aglipay Villar and Mark A. Villar (HB 2226); Reps. Marcelino R. Teodoro, Christopher S. Co, Rodel M. Batocabe and Joaquin M. Chipeco, Jr. (HB 2471); Rep. Nograles (HB 4594): Reps. Emmi A. De Jesus, Luzviminda C. Ilagan, Fernando L. Hicap and Rene L. Relampagos (HB 4635); Rep. Terry L. Ridon (HB 4909) and Reps. Winston Castelo and Enrico Echiverri (HB 5777).

Aside from strengthening the visitorial powers of the Secretary of Labor and Employment relative to compliance with occupational safety and health standards, the measure mandates for employment insurance for employees who are involuntarily separated from employment due to violations of occupational safety and health standards.

The bill also provides for penalties for unlawful act relative to occupational safety and health standards as provided under the proposed statute: "xxx xxx xxx Any employer or person who commits the unlawful act enumerated above shall be administratively fined with a maximum of P100,000.00 per day the violation is being committed or such amount that may be determined by the Secretary of Labour and Employment until the violation has ceased or is corrected, without prejudice to the filing of a criminal or a civil case in 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."

"Any employer or person who commits any of the unlawful acts shall be punished, for every resulting injury, with a fine of not less than P100,000.00 but not more than P250,000.00, or both, at the discretion of the court; Provided, That in consequence of the physical injuries, the person injured shall have become deformed, or shall have lost any other part of his body, or shall have lost the use thereof, or shall have been ill or incapacitated to perform the work habitually engaged for a period of more than ninety (90) days."

"Any employer or person who commit any of the unlawful acts shall be punished, for every resulting death, with the fine of not less than P250,000.00 but not more than P500,000.00, or imprisonment of not less than six (6) years and one day but not more than 12 years, or both, at the discretion of the court."

The unlawful acts penalized include the following:
a) Obstruction, delay or refusal to provide labor officers or any person authorized by the Secretary of Labor and employment access to the establishment, project, site or other place where work is being undertaken;

(b) Obstruction, delay or refusal to provide labor officers or any person authorized by the DoLE secretary access or copy of the employer's records and documents;

(c) Obstruction, delay or refusal to allow labor officers or any person authorized by the DoLE Sectary to interview workers and investigate any fact necessary in determining compliance with occupational safety and health (OSH) standards;

(d) Making any statement, report, or representation in relation to adherence to occupational health and safety standards knowing such statement, report or record to be false in any material aspect;

(e) Making retaliatory measures such as termination of employment, refusal to pay, reducing wages and benefits or in any manner discriminates against any worker who has given information in relation to letter (c) thereof;

(f) Failure to comply with the compliance orders issued by the DoLE Secretary or the authorized representatives based on the findings of violations by labor law compliance officers;

(g) Gross negligence of the employers, contractors or subcontractors in complying with the provisions of OSH standards; or
(h) Failure to implement OSH standards, including the failure to report accidents in the workplace. (House of Representatives)