REPUBLIC OF JHE PHILIPPINES
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

FIFTEENTH CONGRESS
First Regular Session

4332

House Bill No.

Introduced by Kabataan Party-List Representative Raymond V. Palatino

EXPLANATORY NOTE

The Labor Code of the Philippines affords the Secretary of Labor and his
authorized representatives the power to administer and enforce labor laws through the
power of visitation and inspection. This visitorial power allows the government to spot
violations of tabor standards in workplaces and act accordingly. In the past years,
however, the Department of Labor (DOLE) has virtually abandoned this power by
delegating the task of assessment and inspection to those with the propensity to violate
labor standards themselves. ‘Through DOLE's Department Order 57-04 (DO 57-04),
companics with at least 200 employees or workers have been allowed to conduct self:
assessment with regard to their compliance with labor standards. How absurd is that? DO
57-04 has made almost inrelevant the government's power of ensuring compliance with
labor standards, especially with those regarding occupational safety and health in
workplaces. It has effectively made these standards voluntary instead of mandatory. After
all, which profit-oriented company wilt subject itself to liability for violations of labor
standards? All that matters to them is their bottom line,

It is no wonder why accidents arising from violations of labor standards continue
to happen, especially in highly hazardous workplaces such as construction sites. As we
file this bill, it has been forty days since ten workers from the worksite of Eton Properties
in Greenbelt, Makati City died due to the collapse of a smail construction elevator. It was
found out that the company has been violating occupational safety standards and escaping


responsibility from complying with such standards. The goverment has been lenient in
enforcing the law, allowing the contractors the effective discretion of complying with the
standards because of the lack of goverment inspection or visitation, It was further found
out that the company has been underpaying their workers their minimum wage, has not
been paying the workers their overtime, rest day and holiday premiums. and thirteenth
month pay. The workers also do not have social security, health insurance and other
Jegully mandated benefits. A research by the Institute for Occupational Health and Safety
revealed that in 2009, 26 workers in the construction sector died of work-related causes
while another 116 were injured. Such is the situation nowadays, despite all the labor
standards we have put in place.

Despite constant demands for the junking of DO 57-04, DOLE has persistently
allowed such practice to continue, under flimsy excuses such as lack of manpower and
labor inspectors, and such vague excuses such as fostering self-regulation and voluntary
compliance. In reality self-regulation and exemption from government inspection and
control has been the battle cry of those with the motivation of ensuring maximum
exploitation and maximum profit by violating the standards we have put in force,

It is thus imperative for us to ensure compliance with labor standards, especially
‘occupational safety and heulth standards by strengthening the visitorial and inspection
powers of the goverment.

tis along along these lines that the immediate approval of this bill is sought

HON. RA} V. PALATINO:
Representgtive, Kabataan Party-List


REPUBLIC OF THE PHILIPPINES.
HOUSE OF REPRESENTATIVES
‘Quezon City, Metro Manila

FIFTEENTH CONGRESS
First Regular Session

4332

House Bill No.

Introduced by Kabataan Party-List Representative Raymond V. Palatino

AN ACT
STRICTLY ENFORCING THE OCCUPATIONAL SAFETY AND HEALTH
STANDARDS IN WORKPLACES BY STRENGTHENING THE VISITORIAL
AND ENFORCEMENT POWER OF THE SECRETARY OF LABOR AND
EMPLOYMENT, THEREBY AMENDING PRESIDENTIAL DECREE NO. 442,
AS AMENDED

Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled:

SECTION 1. Dectaration of Policy. — The State recognizes the role of labor in nation-
building and shall afford it full protection against exploitation and violations of labor
standards. The State shall thus ensure that all labor standards and occupational safety and
health regulations are implemented and complied with accordingly.

SECTION 2. Amendments to Art. 128 of PD 442. — Axt. 128 of Presidential Decree No.
442 (PD 442), otherwise known as the “Labor Code of the Philippines”, as amended, is
hereby amended to read as follows:

Art 128, Visitorial and Enforcement Power. — (a) The Secretary of Labor or his duly
authorized representatives, including labor regulation officers, shall have access to
employer's records and premises at any time of the day or night whenever work is being
undertaken therein, and the right to copy therefrom, to question any emptoyee and
investigate any fact, condition or matter which may be necessary to determine
violations or which may aid in the enforcement of this Code and of any labor law, wage

1


order or rules and regulations issued pursuant thereto. THE SECREYARY OF LABOR
SHALL NOT DELEGATE THE TASK OF INSPECTION UNDER HIS
VISITORJAL AND ENFORCEMENT POWER TO EMPLOYERS THROUGH

MODES OF SFI F.ASSESCEMENT ANT cot © ThENneraAs:

SECTION 3. Amencdments to Art. 165 of PD 442. - Art. 165 of PI) 442 is hereby amended
to read as follows:

Ast. 165. Administration of Safety and Health Law, — (a) The Department of labor shall
be solely responsible for the administration und enforcement of occupational safety and
health Jaws, regulations and standards in all establishments and workplaces wherever
they may be located; however, chartered cities may be allowed to conduct industrial
safety inspections of establishments within their respective jurisdictions where they
have adequate facilities and competent personnel for the purpose as deterrnined by the
Department of Labor and subject to national standards established by the latter,
NOTWITHSTANDING SUCH DELEGATION, THE DEPARTMENT OF LABOR
SHALL NOT FURTHER DELEGATE THE TASK OF ENSURING COMPLIANCE
WITH OCCUPATIONAL SAFETY AND HEALTH STANDARDS TO
EMPLOYERS THROUGH MODES SUCH AS SELF-ASSESSMENT AND SELF-
INSPECTION, AND SHALL THUS STRICTLY ENFORCE COMPLIANCE WITH
SUCH OCCUPATIONAL SAFETY AND HEALTH STANDARDS THROUGH
THE VISITORIAL AND ENFORCEMENT POWER OF THE SECRETARY OF
LABOR AND HIS AUTHORIZED REPRESENTATIVES AND AGENTS,

SECTION 4. Repeating Clause. ~ All laws, presidential decrees, executive orders, rules
and regulations or parts thereof which are inconsistent with the provisions of this Act are
hereby repealed or modified accordingly.

SECTION 5. Separabitity Clause. — ft any part or provision of this Act shall be held
unconstitutional or invalid, other provisions hereof which are not affected shall continue to
be in full force and effect.


SECTION 6. Effectivity. — This Act shall take effect fifteen (15) days after its publication
in two (2) national newspapers of general circulation.

Adopted,