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Republic of the Philippines Key
HOUSE OF REPRESENTATIVES

‘Quezon City

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EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL No._1088

Introduced by Representatives
HORACIO P. SUANSING, JR. and ESTRELLITA B. SUANSING

AN ACT
TO PROTECT WORKERS AND THEIR FAMILIES FROM THE HAZARDS OF
WORKING IN AGRICULTURAL SITES

EXPLANATORY NOTE
Article II, Section 16 of the 1987 Constitution expressly states:

“The State shall protect and advance the right of the people to a balanced and
healthful ecology in accord with the rhythm and harmony of nature.”

A report from the Philippine Statistics Authority released in June 2018 reinforces the salience
of agriculture as a pillar of the national economy. As of early 2018, around 10.9 million
Filipinos (or 26 percent of the national labor force) are employed in the agricultural sector
and work in vegetable, rice and maize farms across the country." Given the large number of
Filipinos who work in agricultural sites, the Philippine Government, through the Department
of Agriculture, has sought to funnel funds into various programs for farmers and farm
workers (kabesilyas), such as providing for farm equipment, skills development and loan
programs, along with supporting local crop development research through agencies such as
the Philippine Rice Research Institute (PhilRice).

However, despite these beneficial programs, the protection for agricultural workers in the
country remains insufficient in certain aspects, particularly with regards to working
conditions in farms that use pesticides. In recent years, pesticide poisoning has become a
more prevalent international public health issue, with an estimated 200,000 people dying each
year worldwide because of intentional, accidental and occupational exposure to pesticides.”
This number still does not include those who suffer the deleterious effects of exposure to
pesticides, such as neurological damage, birth defects, sterility, and possibly cancer,
Alzheimer’s and Parkinson's disease.®

Moreover, a study from the Journal of Rural Medicine found that in the Philippines, where
the number of young children aged six to nine years old either exposed or working in
agricultural sites has been increasing, there have been numerous reports of symptoms of

* Teves, C. (2018, June 16). Agriculture's share in PH employment increases in January (Rep.). Retrieved June
14, 2019, from Philippine News Agency website: https:/www.pna.gov.ph/articles/1038439

R. (2017, March 8). UN: 200,000 die each year from pesticide poisoning. Retrieved June 14, 2019, from
hitps://www.aljazeera.conVnews/2017/03/200000-die-year-pesticide-poisoning-1 70308140641 105, htm!

Ibid.

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pesticide poisoning (such as headaches, skin irritation and abdominal pain) among children
after being exposed to pesticide chemicals.’ Another study by the United States
Government's Global Hunger and Food Security Initiative reveals the extensive risk of
pesticide poisoning among vegetable farmers in the Philippines given the nature of the
chemical used in planting vegetable crops and the largely-manual techniques used.*

This bill seeks to create measures ought to be taken by farm owners and operators to ensure
the safety of their workers and their respective families. Specifically, it aims to address the
health hazards presented to agricultural workers by the presence of organophosphate
pesticides, which produce both short-term (acute poisoning) and long-term (chronic) effects
that affect various organs in addition to its potential to cause abnormalities in the genes and
reproductive system upon exposure.

Providing for this measure would duly address the need to prevent further adverse effects on
the safety and health of our farmers, farm workers, their families and the environment.

Therefore, in view of the foregoing, the immediate passage of this bill is earnestly sought.°

nonact PACs iG, JR ESTRELLITA B. SUANSING
2™ Distr of Sultan Kudarat 1* District of Nueva Ecij

* Lu, J. et al. (2010). Trends of Pesticide Exposure and Related Cases in the Philippines. Journal of Rural
Medicine, 5, 2, 153-164,

Ibid,

© This bill was originally filed by Senator Mis
Congress.

um Defensor Santiago during the 14" Congress and the 16%



Republic of the Phi
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL No. 1088

Introduced by Representatives
HORACIO P. SUANSING, JR. and ESTRELLITA B, SUANSING

AN ACT
TO PROTECT WORKERS AND THEIR FAMILIES FROM THE HAZARDS OF
WORKING IN AGRICULTURAL SITES

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

SECTION 1. Short Title. — This Act shall be known as the “Farm Workers’ Protection Act.”

SECTION 2. Requirements, — The following requirements shall be met at any agricultural
site to which pesticides have been or will be applied. Farm owners or operators shall:

A. Conduct or cause to have conducted mandatory testing for the presence of
organophosphate pesticides for all handlers of pesticides, including applicators
and mixers of pesticides. This testing shall be conducted within one week of the
arrival of such workers at the agricultural site and within one week of the
departure of such workers from the site;

B. Provide personal protection equipment which has been fit-tested to all individuals
who are required to wear such equipment in the course of their work, and which is
readily available to any worker needing to wear or use such equipment;

C. Provide education and information to farm workers and their families about the
hazards of exposure to pesticides, how to avoid such exposures among children,
personal clothing and possessions, and what to do if pesticide exposure or
contamination occurs;

D. Report to the Department of Agriculture every incident of pesticide exposure
among farm workers or their families, whether by direct exposure to pesticide
applications or from drift of pesticides from the application site. Such reporting
shall occur within 24 hours of such pesticide exposure and shall include the day
and time of day the exposure occurred and the pesticides to which the individuals
were exposed;

E, Provide on-site washing machines for workers to clean pesticide-contaminated
clothing, which are separate from clothes washing facilities used by families. The
farm owner or operator shall be responsible for providing instruction on the proper
care of clothing contaminated with or exposed to pesticides;


F. Provide one shower facility for every five workers, with separate facilities for
males and females, for the removal of pesticide residues and other contaminants;

G. Provide one or more public telephones for workers to report medical emergencies,
including pesticide exposures or contamination; and

H, Ensure that all new housing for farm workers are located at least fifty feet from
any field or site, except for enclosed facilities such as greenhouses, which may be
treated with pesticides. Existing housing which does not comply with this
paragraph shall be replaced within five years or cease to be used after that time.

SECTION 3. Penalty, - The Department of Agriculture is hereby empowered to establish
and assess penalties or fines against the farm owners and operators for violations of this Act.
In no circumstance will any penalty or fine exceed One Hundred Thousand Pes
(P100,00.00).

SECTION 4. Annual Report. — The Department of Agriculture shall issue an annual report
of all farm inspections done in the previous calendar year to the legislature on or before the
1" of March, including compliance with the requirements contained in this Act, enforcement
action, fines and penalties for non-compliance resulting from such inspections, and pesticide
exposure or contamination reports submitted to the Department of Agriculture.

SECTION 5. Repealing Clause. ~ All laws, decrees, orders, rules and regulations or parts
thereof inconsistent with the provisions of this Act are hereby repealed, amended or modified
accordingly.

SECTION 6. Separability Clause. — If, for any reason, any provision of this Act is declared
to be unconstitutional or invalid, the other sections or provisions hereof which are not
affected thereby shall continue to be in full force and effect.

SECTION 7. Effectivity Clause. — This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in a newspaper of general circulation.

Approved,