Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila
NINETEENTH CONGRESS
First Regular Session
HOUSE BILL NO. _______________
Introduced by ANG PROBINSYANO
Party-List Representative Alfred Delos Santos
EXPLANATORY NOTE
The death of the great Eddie Garcia came as a shock to the entire
country. An artiste, an icon, and a pillar of Filipino cinema, Mr. Eddie Garcia
has starred in more than 650 movies and television dramas. Tragically,
however, while shooting an outdoor action scene on the set of GMA, one of the
Philippines’ largest broadcasting stations, for a forthcoming drama series, Mr.
Eddie Garcia tripped on strewn cable wires, resulting in a bad fall and causing
a severe cervical spinal fracture. The actor was in a coma for almost two weeks
before his death on June 20, 2019.
Despite Republic Act No. 11058 being already in place and despite
existing
Department
of
Labor
and
Employment
rules and standards on
occupational safety and health (OSH) in the working environment, OSH issues
still persist in many workplaces. Labor groups and artists’ organizations like
the Directors Guild of the Philippines Inc. (DGPI) have repetitively pointed out
the allegedly horrible working conditions in taping television dramas which
reportedly entails 24-hour shooting days just to save on costs and celebrities’
fees alone.
The story of Eddie Garcia is just the latest of the many tragedies in this
industry because of the lack of standard occupational safety and health
measures in place. Thus, it is the goal of this bill to ensure safety and establish
emergency protocols while artists are at work. This bill also proposes to
standardize and specify working hours required of artists based on age, as well
as prescribe the provision of accident and medical insurance for all workers —
on-screen and off-screen alike — involved and employed in the covered
industries. Above all, this bill recognizes that our artists in the film, television,
and theater industries are our country’s assets. They inspire people with their
craft. They promote pride in Filipino talent and culture. They mold the minds of
September 12, 2022
12:31 pm
4652


the next generation. They are our pride and joy, and they deserve not just
admiration, but protection as well.
Because of the foregoing, the passage of this bill is earnestly sought.
ALFRED C. DELOS SANTOS
Representative, Ang Probinsyano Party-List


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila
NINETEENTH CONGRESS
First Regular Session
HOUSE BILL NO. _______________
Introduced by ANG PROBINSYANO
Party-List Representative Alfred Delos Santos
AN ACT
PRESCRIBING A MANDATORY OCCUPATIONAL SAFETY, HEALTH, AND
EMERGENCY RESPONSE PROGRAM FOR ALL ARTISTS IN THE FILM,
TELEVISION, AND THEATER INDUSTRIES OF THE PHILIPPINES, AND FOR
OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in
Congress assembled:
SECTION 1. Short Title. - This Act shall be otherwise known as the
“Artists’ Safety on Set (ASSET) Act.”
SEC. 2. Declaration of Policy. - The State recognizes the economic, social,
and cultural contributions of artists or laborers in the film, television, and
theater industries. which are integral in nation-building. The State should
protect the said workers by ensuring that their workplaces are safe, healthful,
and hazard-free, and affording them protection from any preventable danger or
accident. Toward this end, the State shall ensure that the provisions of this
Act, the Labor Code of the Philippines, as well as all relevant domestic laws and
industry standards on health and safety in workplaces are enforced and
complied with by all employers to protect all artists regardless of the existence
of the employer-employee relationship.
SEC. 3. Coverage. - This Act shall apply to all employers involved in the
film, television, and theater industries and shall cover all the working hours of
artists and. their operations or activities beginning. at the time they were
engaged
such
as
rehearsals,
setups,
wait
time,
tapings, shootings, and
on-stage or on-air performances up to the time they are disengaged, including
their health and safety off-set as long as they are required to stay on the
premises of the workplace.
4652


All artists, including members of the crew, regardless of contractual
arrangement, whether employees or independent contractors or self-employed,
shall be covered and protected by this Act.
In addition, the DOLE is hereby authorized to determine the applicability
or inclusion and the extent-of obligations, and liabilities under this. Act of
festival or event organizers, who may not be habitually engaged in the film,
television, or theater industries, nevertheless, engage the works, talents, and
services of artists during fiesta, holiday, or out-of-town shows or similar events
which pose similar health and safety risks to the artists.
SEC. 4. Definition of Terms. - For purposes of this Act, the following
terms are defined:
(a) Artists refer to but are not limited to actors, actresses, personalities,
theater
performers,
reporters,
TV
show
hosts,
singers,
dancers,
comedians, and. all members of the crew, both on-screen and off-screen,
whose
works,
talents,
and/or
services
are
engaged,
regardless
of
contractual arrangement, by employers involved in the film, television
and theater industries in connection with a production, film, segment,
show, commercial or performance;
(b) Certified first-aider refers to any person trained and duly certified or
qualified
to
administer
first-aid
by
any
organization
authorized or
accredited by the Department of Labor and Employment;
(c) Equipment refers to any machine, including its accessories, with an
engine or electric motor as prime power used on set for any production,
show, or performance;
(d) Employers refer to companies, businesses, professional groups, and
individuals
involved
in
the
film,
television, and theater industries,
excluding the managers and personal staff of artists, and including, but
not. limited to, media companies, television broadcast stations, film
production companies, theater groups, and festival or event organizers as
may be later determined by DOLE, that employ, regardless of contractual
arrangement, the works, talents, and/or services of artists referred to in
this Act;
(e) General safety and health inspection refers to an examination of the
work environment, including the location and operation of equipment
and machinery, adequacy of workspace, ventilation, lighting, presence of
medical kits and emergency vehicles, and other conditions: and possible
sources of safety and health hazards in the workplace;
(f) Safety Officer refers to a qualified first-aider, medic, or physician
engaged by the employer to provide occupational health and safety
services in the workplace;
(g) Standard
safety
procedures
refer
to
industry-determined
and
DOLE-approved standards for the safety of employees in the workplace;
and


(h) Workplace refers to the location setting or “set” of the production, film;
segment, show, commercial, or performance, whether in or out of town
or of the official address of the employer, where the artists referred to in
this Act and. their respective employers or their representatives conduct
rehearsals, setups, tapings, shootings, stage performances, and other
related activities.
SEC.
5.
Mandatory
Occupational
Safety,
Health,
and
Emergency
Response Program (OSHERP) for all Artists. - Every employer referred to in this
Act
is
required
to
formulate,
implement
and
fund
a
comprehensive
Occupational Safety, Health, and. Emergency Response Program (OSHERP) to
protect all artists. engaged in any of its. production, film, segment, show,
commercial, or performance. The said program shall be. - the product of
consultation with the respective organizations or associations of artists and:
must conform to the minimum OSHERP standards to be set by the Department
of Labor and Employment (DOLE).
Within sixty (60) days after the promulgation: of the implementing Rules
and Regulations of this Act, employers are required to submit their respective
programs to the DOLE including the succeeding updates thereafter. Nothing in
this Act shall prevent the Emergency Response Team shall from coordinating
with.
the
OSHERP
Oversight
Team
ensures
that
the
workplace
is
occupationally safe, and all emergencies are. promptly and professionally acted
upon and the emergency protocol, including the contingency plan, is clarified
to all persons involved on set and put in place before the start of any
production, film, segment, show, commercial, or performance.
The Emergency Response Team must also be aware of the locations of
the nearest medical centers or hospitals in every set location or workplace. The
Emergency Response Team shall also, on a regular basis, inquire as to the
physical condition of artists, especially the senior citizens and children, or
what they are feeling or experiencing. In addition, the employer shall designate
an emergency vehicle or ambulance for the use of the Emergency Response
Team, which shall be on call and standby in every workplace.
SEC. 6. Complete Occupational Safety Requirements and Devices in all
Workplaces.
-
Every
employer
shall
ensure
that
the
following.
safety
requirements and devices are present in all workplaces:
(a) Facilities - The employer shall ensure that the workplace shall be safe
from any imminent threats and dangers to health and safety. Basic
requirements
such
as
an
adequate supply of safe drinking water,
sanitary and washing facilities, and suitable rest facilities or tents as far
as applicable taking into consideration the length of the rehearsal,
production, taping, or performance, for all artists, including - crews and
extras, shall also be ensured by the employer in every workplace.


(b) Equipment - The employer shall ensure that all equipment, including
video camera units, lighting systems and cables, and other props and
production materials are installed and situated in a manner that will not
pose any safety or health risks to artists.
(c) Signages - The employer shall provide safety signages and devices on-site
and shall regularly warn and remind all employees of all possible
hazards that may occur in the workplace. These safety signages shall be
posted in prominent positions or strategic locations at the workplace,
shall be in a language understandable to all and shall be in accordance
with standard safety procedures.
SEC. 7. Working Hours for all Artists. - Considering the nature of the
work and the accepted norms and practices of the industry involved vis-a-vis
the need to safeguard the health and safety of artists, the DOLE shall set the
maximum working hours for artists, both employees and those that are
independent contractors, and shall determine the obligations of the employer
in establishing the proper working conditions and in the payment of overtime
pay and other benefits provided under existing laws.
In particular, senior citizens, aged 60 years old and above, who are
engaged as artists, shall not be allowed to work for more than eight (8) hours a
day, and in no case beyond forty (40) hours a week. Work or production at
night shall not be imposed upon the senior citizen artist and shall not be set as
a condition to their hiring or the payment of their services. Furthermore, no
senior citizen artist shall be obliged to render work requiring any excessive
physical exertion or similar activities like running, climbing, or carrying
heavy-weight items, that may pose a threat to their health, safety, and
wellbeing.
On the other hand, child artists aged 17 years old and below shall be
protected by Republic Act No. 9231, otherwise known as the “Special Protection
of Children Against Child Abuse, Exploitation, and Discrimination Act” and
other DOLE rules and regulations on child laborers.
The
employer,
including
the
directors,
organizers,
managers,
and
representatives
of
any
production,
film,
segment,
show,
commercial,
or
performance, shall, at all times, promote the welfare of the senior citizen and
child artists.
SEC. 8. Penalties. - Any employer who fails to comply with any provision
prescribed by this Act shall be fined with Two Hundred Thousand Pesos (Php
200,000.00) per violation per day until such violation committed by the
employer has ceased or is corrected, without prejudice to the filing of a
criminal,
civil
or
administrative
case
under
existing
laws,
rules
and
regulations. The Department of Labor and Employment further reserves the


right to suspend the operations of any employer which fails to comply with this
Act.
SEC.
9.
Implementing
Rules
and
Regulations.
-
The
DOLE,
in
coordination with concerned agencies and the respective organizations or
associations of artists, shall formulate its rules and regulations within ninety
(90) days after the effectivity of this Act.
SEC. 10. Suppletory Application. - Republic Act No. 11058 and all other
rules and regulations promulgated in relation thereto shall have suppletory
application in cases not provided for under this Act.
SEC. 11. Separability Clause. - If any provision or part hereof is held
invalid or unconstitutional, the remaining provisions not affected shall remain
valid and subsisting.
SEC. 12. Repealing Clause. - Any law, presidential decree or issuance,
executive order, letter of instruction, administrative order, rule, or regulation
contrary to or inconsistent with the provisions of this Act is hereby repealed,
modified, or amended accordingly.
SEC. 13. Effectivity. - This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or any two (2) newspapers of general
circulation in the Philippines.
Approved,