SIXTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
Second Regular Session 
) 
) 
) 
SENAT.f 
S.B. No. 
<:! 616 
Introduced by Senator Ramon Bong Revilla, Jr. 
AN ACT 
'1') 
FEB -2 P5 :38 
H!" 
ENSURING THE OCCUPATIONAL HEALTH, SAFETY AND WELFARE OF 
BUSINESS PROCESS OUTSOURCING (BPO) WORKERS AND OTHERS 
SIMILARLY EMPLOYED 
EXPLANATORY NOTE 
Business process outsourcing has been one of the largest employment field in 
the country at present. Many young professionals are lured to enter this kind of 
employment because of the monetary benefits and maybe because of the hip lifestyle 
that it projects in different advertisements, 
However, there are studies that show that occupational health in this field is high 
risk. This may be attributed to night-work shifts, long hours under the glare of computer 
monitors, repetitive encoding. Apart from occupational health risks, this type of job also 
poses high security risks for its employees basically because of their time of work. 
We recognize the economic advantages that the BPO industry gives to our 
country, but it is high time for us to institute mechanism to protect the health of our 
workers, moreover, we must reinforce the moral obligations of the industry to ensure 
that our relatively young workforce do not succumb to illness caused by the unnatural 
work environment. Compliance to occupational health and safety (OHS) standards is a 
must for limiting the adverse effects of night-shift and call center work to employees' 
health. 
This proposed measure seeks to promote and ensure occupational health and 
safety for the workers in the BPO industry. In this light, immediate approval of this 
measure is earnestly sought. 


SIXTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
Second Regular Session 
) 
SENAT.E 
S.B. No. 
~616 
.""---, ... .,., .... 
Introduced by Senator Ramon Bong Revilla, Jr. 
AN ACT 
ENSURING THE OCCUPATIONAL HEALTH, SAFETY AND WELFARE OF 
BUSINESS PROCESS OUTSOURCING (BPO) WORKERS AND OTHERS 
SIMILARLY EMPLOYED 
Be it enacted by the Senate and House of Representatives of the Congress assembled: 
1 
SECTION 1. Short Title. This Act shall be known as the "BPO Workers Health 
2 
and Safety Act of 2015." 
3 
4 
SEC. 2. Declaration of Policy. It is hereby declared policy of the State to secure 
5 
the health, safety and welfare of the BPO or call center workers and others similarly 
6 
employed. The State must ensure safe and healthy work environment for call center 
7 
employees that protects them from injury and illness and that is adapted to their 
8 
physiological and psychological needs. The State shall formulate and mandate 
9 
progressively higher standards of occupational health and safety to account for changes 
10 
in technology and work practices. All call centers operation in the country must adhere 
11 
to the following principles of health and safety protection for the mutual benefit of the 
12 
employees and employers: 
13 
14 
a. The importance of health and safety requires that employees, other persons 
15 
at work and members of the public be given the highest level of protection 
16 
against risks to their health and safety that is reasonably practicable in the 
17 
circumstances. 
18 
19 
b. Persons who control or manage matters that give rise or may give rise to risks 
20 
to health or safety are responsible for eliminating or reducing those risks so 
21 
far as is reasonably practicable. 
22 
1 


1 
c. Employers have a duty to secure the health, safety and welfare of employees 
2 
and third persons working at or near their workplace. This general duty 
3 
requires employers to actively prevent risks arising out of their business 
4 
activities and extends to protecting both employees and independent 
5 
contractors. 
6 
7 
d. Employers and self-employed persons should be proactive, and take all 
8 
reasonably practicable measures, to ensure health and safety at workplace 
9 
and in the conduct of undertakings. 
10 
11 
e. Employers and employees should exchange information and ideas about 
12 
risks to health and safety and measures that can be taken to eliminate or 
13 
reduce those risks. 
14 
15 
f. 
Employees are entitled, and should be encouraged, to be represented in 
16 
relation to health and safety issues. 
17 
18 
SEC. 3. Definition of Terms. For purposes of this act, the following terms shall be 
19 
understood as 
20 
Follows: 
21 
22 
a. "Business Process Outsourcing (BPO)" is defined as the delegation of 
23 
service-type business processes to a third-party service provider. It is 
24 
generally divided into the following sectors: contact centers, back office 
25 
services, data transcription, animation, software development, engineering 
26 
development and game development. Most BPO companies engage in shift 
27 
work to complete their 24-hour work cycle. 
28 
29 
b. "Call Center", also known as contact center, refers to a central customer 
30 
service operation where agents - customer care specialists or customer 
31 
service representatives - handle business-related telephone calls and other 
32 
IT-related non-voice activities in behalf of a client. 
33 
34 
c. "Employer" includes any person or enterprise acting directly or indirectly in the 
35 
interest of an employer, in relation to an employee, and shall include 
36 
government-owned or controlled corporations and institutions, as well as non-
37 
profit private institutions or organizations. Indirect employers or contractors a 
38 
shall be considered "employers" in this Act. 
2 


1 
2 
d. "Employee" shall mean any person hired, permitted or suffered to work by an 
3 
employer 
4 
5 
e. "Health" shall connote a sound state of the body and mind of the worker, 
6 
which enables him to perform his job normally, in a state of well-being. 
7 
8 
f. "Safe or Safety" shall refer to the physical or environmental conditions of work 
9 
or employment, which substantially comply with the provisions of the 
10 
Standards. 
11 
12 
g. "Work Accident" shall mean an unplanned or unexpected occurrence that 
13 
mayor may not result in personal injury, property damage, work stoppage or 
14 
interference or any combination thereof, which arises out of and in the course 
15 
of employment. 
16 
17 
h. "Work Injury" shall mean any injury or occupational illness suffered by a 
18 
person, which arises out of or in the course of his employment. 
19 
20 
i. 
"Occupational Illness" shall mean any illness caused by environmental 
21 
factors, the exposure to which is characterized or peculiar to a particular 
22 
process, trade of occupation and to which an employee or worker is not 
23 
ordinarily subjected to or exposed outside of or away from such employment. 
24 
25 
j. "Workplace" means the office, premises or work site, where the workers are 
26 
habitually employed and shall include the office or place where the workers, 
27 
who have no fixed or definite work sire, regularly report for assignment in the 
28 
course of their employment. 
29 
30 
k. "Approved" shall mean acceptable to the Secretary in writing after proper 
31 
examination showing compliance with prescribed Standards. 
32 
33 
I. 
"Code" shall mean the Labor Code P.O. 442 as amended. 
34 
3 


1 
m. "Agencies" shall mean government agencies mandated to monitor, 
2 
administer, promote, and ensure health and safety regulations and standards. 
3 
These agencies are the Department of Labor and Employment, Bureau of 
4 
Working 
Conditions, 
Employees 
Compensation 
Commission 
and 
5 
Occupational Safety and Health Center. 
6 
7 
n. "Department" shall mean the Department of Labor and Employment. 
8 
9 
o. "Secretary" shall mean the Secretary of Labor and Employment. 
10 
11 
p. "Bureau" shall mean the Bureau of Working Conditions. 
12 
13 
q. "Director" shall mean the Director of the Bureau of Working Conditions. 
14 
15 
r. "Standards" shall mean the Occupational Safety and Health Standards and 
16 
regulations. 
17 
18 
s. "Enforcement officer" shall mean the industrial safety engineer, the labor 
19 
regulation officer, or any duly authorized representatives of the Secretary to 
20 
enforce this Standards. 
21 
22 
t. 
"Authorized Representative" shall mean and include chartered cities, 
23 
municipalities, employees or officials of other government agencies 
24 
empowered by the Secretary of Labor and Employment to enforce the 
25 
provisions of the Standards. 
26 
27 
u. "Workplace Occupational Health and Safety Representative" as defined in 
28 
Section 7 of this Act. 
29 
30 
v. "Registered Interested Party" shall mean any duly registered non-stock non-
31 
profit organization advocating occupational health and safety (OHS) 
32 
4 


1 
w. "Shift work" shall mean the employment practice designed to make use of the 
2 
24 hours of the clock. Employees are given schedules which correspond to a 
3 
24-hour work cycle. The term shift work includes both long-term night shifts 
4 
and work schedules in which employees change or rotate shifts. Shift work is 
5 
an. 
6 
7 
SEC. 4. Occupational Health and Safety Standards and Regulations for BPO 
8 
Workers. Pursuant to 
9 
Its mandate, the Department of Labor and Employment is tasked to establish 
10 
Occupational Health and Safety Standards (Standards) for ePQ work. 
11 
12 
The Standards shall adhere to the prevailing standards of health and safety for 
13 
BPO work and other similar employment. It is imperative that the minimum provisions in 
14 
the Standards meet the International Labor Organization's recommendations. Further 
15 
provisions which the Agencies and the concerned parties deem appropriate for the 
16 
protection of the workers in the local setting should be included. The Standards should 
17 
be reviewed annually by the agencies, workplace OHS representatives and registered 
18 
interested parties. 
19 
20 
SEC. 5. The Nature of BPO Night-Shift Work. Establishments engaged in shift 
21 
work to complete their 24-hour work cycle expose their employees to health and 
22 
security risks, thus night-shift work is considered hazardous in this Act. The erratic 
23 
schedule, repetitive work, and artificial daytime environment which the employees are 
24 
subjected to cause undue phYSical and psychological stress on BPO workers. 
25 
26 
SEC. 6. Compliance of the Standards. The Standards shall be strictly enforced in 
27 
all establishments operating in the country. Compliance to the provisions of the 
28 
Standards shall be mandatory. 
29 
30 
SEC. 7. Guidelines for the Implementation of Standards. The agencies and the 
31 
workplace OHS representatives shall regularly monitor the implementation of the 
32 
Standards. 
33 
34 
a. The Department through its enforcements officers shall administer and 
35 
enforce the provisions of the Standards. 
36 


2 
3 
4 
b. Every employer shall give to the Secretary or his duly authorized 
representative access to its premises and records for the purpose of 
determining compliance with the provisions of the Standards. 
5 
c. Every establishments or place of employment shall be inspected at least once 
6 
a year to determine compliance with the provisions of the Standards. Special 
7 
inspection visits. However, may be authorized by the Regional Labor Office or 
8 
as authorized under Rule 1980 of the Labor Code, to investigate accidents, 
9 
occupational illnesses or dangerous occurrences, especially those resulting in 
10 
permanent total disability or death, to conduct surveys of working conditions 
11 
requested by the Bureau for the purpose of evaluating and assessing 
12 
environment 
contaminants 
and 
physical 
conditions 
or 
to 
conduct 
13 
14 
15 
investigations, inspections or follow-up inspections upon request of an 
employer, worker or a labor union of the establishment. 
16 
d. The enforcement officer shall determine reasonable periods of compliance 
17 
with recommendations depending on the gravity of the hazards needing 
18 
corrections or the period needed to come into compliance with the order. 
19 
20 
e. In case the establishment fails to comply with the Standards to the imminent 
21 
22 
23 
24 
danger of the workers, the enforcement officer can immediately suspend 
operations in order to prevent injuries pending compliance by the 
establishment. 
25 
f. The workplace occupational health and safety committee shall have 
26 
monitoring rights and can also recommend and declare suspension of 
27 
operations in the event that the safety and welfare of workers are deemed 
28 
compromised as stated in Section 7 B of the Act. 
29 
30 
SEC. 8. Workplace Occupational Health and Safety Officer. 
An OHS 
31 
representation is to be 
32 
elected for the purposes of consultation and monitoring of the Standards if at least one 
33 
of the persons employed by the employer requests the election of the representative. 
34 
The employees may elect more than one OHS representative upon approval by the 
35 
Department. 
36 
6 


1 
A. Election of workplace OHS representative. 
2 
(1) A workplace OHS representative is to be elected by the workers. 
3 
(2) A person is -
4 
(a) Only eligible to be elected as a workplace representative if he or she is 
5 
an employee; and 
6 
(b) Not eligible to be elected as a health and safety representative if he or 
7 
she is disqualified under section 56 from acting as a health and safety 
8 
representative. 
9 
10 
(3) All employees are entitled to vote in an election. 
11 
(4) The employees and the employers may determine how an election is to be 
12 
conducted but, if they:do not reach agreement within a reasonable time, 
13 
any employee may a$k the Department to arrange for an enforcement 
14 
officer to-
15 
(a) Conduct the election; or 
16 
(b) If the inspector considers it appropriate, appoint another person to 
17 
conduct the election. 
18 
(5) An election must be c,?nducted in accordance with the procedures (if any) 
19 
prescribed by the regulations. 
20 
(6) If the number of candidates for election as a health and safety 
21 
representative equals the number of vacancies, the election need not be 
22 
conducted and each oandidate is to be taken to have been elected as a 
23 
health and safety representative for the designated work group. 
24 
B. Functions of workplace OHS representative. AN OHS committee or an OHS 
25 
representative has the following functions: 
26 
(1) To keep under review the measures taken to ensure the health, safety and 
27 
welfare of persons at the place of work, 
28 
(2) To investigate any matter that may be a risk to health and safety at the 
29 
place of work, 
30 
(3) To attempt to resolve the matter but, if unable to do so, to request an 
31 
investigation by an inspector for that purpose, and 
32 
(4) Such other functions as are prescribed by the regulations. 
33 
34 
The workplace OHS representative may file a petition for a time off pay to the 
35 
enforcement 
36 
Officer. The time off may be for attending courses as required by appropriate agencies 
37 
and for conducting investigations on matters relating to his duties as a workplace OHS 
7 


1 
representative. The enforcement officer shaH determine the amount of time off 
2 
commensurate to the task being performed. 
3 
4 
C. Powers of the workplace OHS representative. A health and safety 
5 
representative may do any of the following: 
6 
(1) Inspect any part of a workplace 
7 
(a) At any time after giving reasonable notice to the employer concerned 
8 
or its representative; and 
9 
(b) Immediately in the event of an incident or any situation involving an 
10 
immediate risk to the health or safety of any person; 
11 
(2) Accompany an inspector during an inspection of a workplace at which a 
12 
member of the designated work group works; 
13 
(3) Require the establishment of a health and safety committee to assist in 
14 
the monitoring if situation necessitated; 
15 
(4) Under extra ordinary circumstances, the representative may give notice to 
16 
the employer and the enforcement officer for the suspension of workplace 
17 
operation if the welfare and safety of the employees are at risk. The notice 
18 
must be acted upon by the employer and the enforcement within 24 hours 
19 
so as to prevent endangering the lives otthe workers; and, 
20 
(5) Assist or submit in behalf of the injured and ill employee, or his 
21 
beneficiaries in case of death, compensation claims to the Employees 
22 
Compensation Commission (ECC). 
23 
24 
SEC. 9. Workplace Policy on Occupational Health and Safety. Each 
25 
establishment shaH formulate 
26 
their own occupational health and safety policy which adheres to the Standards as 
27 
defined in Section 4 of this Act. Any additional safety measure deemed appropriate to 
28 
the nature of the localized work environment may also be included pending approval by 
29 
the Bureau. The policy must be reviewed annually by the employers, the workplace 
30 
OHS representatives and the authorized representative. 
31 
32 
All employees shall be informed of the OHS policy. Informational materials such as 
33 
posters, brochures and similar devices shall be distributed to the employees free of 
34 
charge. 
35 
36 
SEC. 10. Health Program. The company phYSician shall, in addition to his duties 
37 
stated in the Labor Code, Develop and implement a comprehensive occupational health 
38 
program for the benefit of the employees of his employer. 
8 


1 
2 
SEC. 11. Health Insurance. All employees are entitled to free medical 
3 
examination upon entry and annually during his tenure of employment. The 
4 
establishment shall provide full health insurance to the employees, the coverage of 
5 
which shall be agreed upon by the company and its employees. 
6 
7 
SEC. 12. Work-Related Injuries, Sickness and Death Compensation. All 
8 
employees and their dependents shall be also be compensated for injuries, medical 
9 
complications, illness, disability and death arising from and related to their work in 
10 
accordance to existing laws, labor policies, guidelines or circular as the case may be. 
11 
The Employees Compensation Commission shall promptly process any claims forlby 
12 
injured, disabled, deceased employees or their dependents. 
13 
14 
15 
SEC. 13. Independent Contractors. Articles 106 of the Labor expressly prohibits 
16 
the "labor only" contracting. Employers engaging independent contractors to perform 
17 
work on their behalf have a duty to minimize the health and safety risks to the 
18 
contractor's employees. This is because they are deemed to be employees for the 
19 
purposes of the Act; and because employers have a duty to protect third parties at or 
20 
near their workplace. A failure to maintain a safe workplace for contractors' employees 
21 
may constitute a contravention of the employer's general duty under the Act. 
22 
23 
SEC. 14. Penal Provision. 
24 
(a) Unless otherwise provided in any Chapter or section in the Code, any person 
25 
or establishment who shall violate, disobey, refuse, omit or neglect to comply 
26 
with any of the rules and regulations promulgated under this Act shall have a 
27 
criminal liability and upon conviction shall be punished by imprisonment for a 
28 
period not exceeding six (6) years and a fine not less than One Hundred Fifty 
29 
Thousand Pesos (Php 150,000.00) depending upon the discretion of the 
30 
court. 
31 
(b) Any person who shall interfere with or hinder, or oppose any officer, agent or 
32 
member of the Department or of the bureaus and offices under it, in the 
33 
performance of his duty as such under this Code, or shaH tear down, mutilate, 
34 
deface or alter any placard, or notice, affixed to the punishable upon 
35 
conviction by imprisonment for a exceeding six (6) months and a fine not less 
36 
than Fifty Thousand Pesos (Php 150,000.00) and not more the One Hundred 
37 
Thousand Pesos (Php 100,000.00) per day for each of violation depending 
38 
upon the discretion of the court. 
9 


1 
(c) In case of injury, illness or death due to violation, disobedience, refusal, 
2 
omission or neglect to comply with Standards and regulations in this Act, the 
3 
employers and/or the establishment shall have a criminal liability and shall be 
4 
punished by imprisonment and penalties applicable under the Republic Act 
5 
3815 also known as the Revised Penal Code. 
6 
7 
SEC. 15. Separability Clause. If, for any reason, any section or provision of this 
8 
Act is declared Unconstitutional or invalid, such other sections or provisions not affected 
9 
thereby shall remain in full force and effect. 
10 
11 
SEC. 16. Repealing Clause. Any law, presidential decree or issuance, executive 
12 
order, letter of instruction, administrative order, rule or regulation contrary to or 
13 
inconsistent with the provision of this Act is hereby repealed, modified or amended 
14 
accordingly. 
15 
16 
SEC. 17. Effectivity. This Act shall take effect fifteen (15) days after its 
17 
publication in at least two (2) national newspapers of general circulation. 
18 
Approved, 
10