Republic of the Philippines
HOUSE OF REPRESENTATIVES
Queen City i 01 AUG 2013
Bo pH

SIXTEENTH CONGRE!
First Regular Session

2226

HOUSE BILL NO.

INTRODUCED BY DIWA Party-list Representative Emmeline Y. Aglipay

EXPLANATORY NOTE

While there are existing rules and standards promulgated by the Department of Labor
and Employment on occupational safety and health (OSH) in the working environment, the
Labor Code of the Philippines and the Occupational Safety and Health Standards provide
penalties to errant companies in the following manner: a) In cases of imminent danger, the
DOLE Regional Director can issue work stoppage order; b) There are penal sanctions for
erring employers under the Article 288 of the Labor Code of the Philippines ~ i) Fine of not
less than P1,000.00 nor more than P'10,000.00, ii) Imprisonment of not less 3 months nor
more than 3 years, or iii) Both fine and imprisonment at the discretion of the court, These

sanctions have not stopped recurring OSH issues in workplaces

Annually, there have been fatal accidents across industries and related accident
investigations prove that non-compliance with the Occupational Safety and Health Standards,
including DOLE Department Order No, 13 ~ Guidelines Governing Occupational Safety and
Health in the Construction Industry and other safety and health issuances have contributed
significantly to the occurrence of these accidents. A more concerted effort and legislation are
needed to ensure that companies violating the OSH standards suffer the consequences of their
inaction and non-compliance, Time and again, it has been proven that non-compliance with
OSH laws and regulations would often lead to serious accidents, injuries andi or illnesses;

including fatalities,

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‘The Bill puts in explicit terms the need to criminalize non-compliance with
occupational safety and health standards as they have done in countries like Singapore and
the USA where significant compliance to the OSH regulations correspond to less accidents
and injuries being experienced by workers. The Bill also makes any employer directly
responsible for an employee's injury or death due to the violation of these Standards, The
responsibility of the employer is extended to payment of required penalties to the State

Insurance Fund,

In order to strengthen the advocacy, prevention and enforcement efforts of the DOLE
and other agencies on work accidents, injuries and illnesses, a stronger set of legislation that
would criminalize non-compliance with occupational safety and health standards has become

necessary, thus making the enactment of this Bill into law imperative.

Aewentone STK
EMMELINE Y. AGLIPAY
Representative, DIWA Party-list

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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
First Regular Session
2226

HOUSE BILL NO,

Introduced by DIWA Party-lis¢ Representative Emmeline Y. Aglipay

AN ACT CRIMINALIZING NON-COMPLIANCE WITH OCCUPATIONAL
SAFETY AND HEALTH STANDARDS

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

Section 1. Title. - This Act shall be known as “An Act Criminalizing Non-Compliance with
Occupational Safety and Health Standards”,

Section 2, Declaration of Policy.—The State shall protect every workingman against the
dangers of injury, sickness or death through safe and healthful working conditions, thereby
assuring the conservation of valuable manpower resources and the prevention of loss or
damage to lives and properties, consistent with national development goals and with the
State's commitment for the total development of every worker as a complete human being

Section 3. Duties of Employers, Workers and Other Persons. ~ (1) Each employer
covered by the provisions of this Act shall:

1. fumish his workers a place of employment free from hazardous conditions that are
causing or are likely to cause death, illness or physical harm to his workers;

2, give complete job safety instructions to all his workers, especially to those
entering the job for the first time, including those relating to the familiarization
with their work environment, hazards to which the workers are exposed to and
steps taken in case of emergen

3. comply with the requirements of this Act; and

4, use only approved devices and equipment in his workplace.

(2) Every worker shall cooperate with the employer in carrying out the provisions of this
Act. He shall report to his supervisor any work hazard that may be discovered in his
workplace,


(3) Every worker shall make proper use of all safeguards and safety devices furnished in
accordance with the provisions of this Act for his protection and that of others, and shall
follow all instructions given by the employer in compliance with the provisions of this Act

(4) shall be the duty of any person, including any builder or contractor or enforcement
agent, who visits, builds, renovates, or installs devices, or conducts business in any
establishment or workplace, to comply with the provisions of this Standards and all
regulations of the employer issued there under as well as with other subsequent issuances of
the Secretary

Section 4. Employer’s Liability for Failure to Provide Safety Devices. ~ In case the
employee's injury or death was due to the failure of the employer to comply with any law, ot
to install and maintain safety devices, or take other precautions for the prevention of injury,
said employer shall pay to the State Insurance Fund a penalty of twenty-five percent (25%) of
the lump sum equivalent of the income benefit payable by the System to the employee. All
employers, especially those who should have been paying a rate of contribution higher than
that required of them are enjoined to undertake and strengthen measures for the occupational
health and safety of their employees

Section 5. Separability Clause. ~ If any part, section or provision of this Act shall be held
invalid or unconstitutional, the other provisions not affected by such declaration shall remain
in full force and effect,

Section 6. Repealing Clause. - All laws, acts, decrees, executive orders, rules and
regulations or other issuances or parts thereof, which are consistent with this Act, are hereby
modified and repealed

Section 7. Effeetivity. - This Act shall take effect fifteen (15) days after its publication in
the Official Gazette or in at least two (2) newspapers of national circulation,

Approved.

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