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FOURTEENTH CONGRESS OF THE REPUBLIC ) 
Second Regular Session 
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9 JAM 29 ill :45 
OF THE PHILIF'PINES 
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Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
The Constitution, Article 11, Section 15 provides: 
The State shall protect and promote the right to health of the 
people and instill health consciousness among them. 
Silicosis is a disabling, nonreversible and sometimes fatal lung disease caused by 
overexposure to respirable crystalline silica. Silica exposure remains a serious threat to 
workers. Silica is the second most common mineral in the earth's crust and is a major 
component of sand, rock, and mineral ores. Overexposure to dust that contains 
microscopic particles of crystalline silica can cause scar tissue to form in the lungs, which 
reduces the lungs' ability to extract oxygen from the air we breathe. The National Institute 
for Occupational Safety and Health (NIOSH) in the United States reported that each year 
more than 250 die from silicosis and hundreds more are disabled. 
There is no cure for the disease, but it is 100 percent preventable if employers, 
workers, and health professionals work together to reduce exposures. In addition to 
silicosis, inhalation of crystalline silica particles has been associated with other diseases, 
such as bronchitis and tuberculosis. Some studies also indicate an association with lung 
cancer. 
Controlling the exposure to silica may be done through engineering controls, 
administrative actions, and personal protective equipment. Engineering controls include 
such things as replacing silica with a material that does not contain crystalline silica, 
using local exhaust ventilation, using containment methods such as blast-cleaning 


machines and cabinets, and wet sawing, or wet drilling of silica-containing 
materials. Administrative actions may include limiting the worker’s exposure time 
andrequiring workers to shower and change into clean clothes before leaving the 
worksite. Personal protective equipment may include wearing the proper respiratory 
protection to keep workers’ exposure below the permissible exposure limit and the use of 
personal protective clothing. 
This bill seeks to address the health and safety concerns posed by silica exposure 
in the workplace. 


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FOURTEENTH CONGRESS OF THE REPUBLIC ) 
OF THE PHILIPPINES 
1 
Second Regular Session 
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SENATE 
Introduced by Senator Miriam Defensor Santiago 
AN ACT 
REGULATING THE USE OF 
SILICA IN THE WORKPLACE 
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 “Silica Regulatory Act of 
2009.” 
SECTION 2. Definition of terms. -As used in this Act, the tern- 
(A) “Silica” refers to a white or colorless crystalline compound, SiOz, occurring 
abundantly as quartz, sand, flint, agate, and many other minerals and used to manufacture 
a wide variety of materials, especially glass and concrete; 
(B) “Department” means the Department of Labor and Employment; 
SECTION 3. Requirements for a workplace involving silica. - an employer must observe 
the following requirements if he uses silica in his place of business- 
(A)Employers are required to provide and assure the use of appropriate controls for 
crystalline silica-containing dust. They must use all available engineering controls 
such as blasting cabinets, water sprays, and local exhaust ventilation. Substitution of 
less hazardous materials can also be used; 
(B) Obtain technical bulletins that may provide additional health and safety information; 
(C) For other operations where respirators maybe required, wear a respirator approved for 
protection against crystalline silica-containing dust. Do not alter the respirator in any 


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way. Workers who use tight-fitting respirators cannot have beards/mustaches which 
interfere with the respirator seal to the face; 
(D) The employer must use type CE positive pressure abrasive blasting respirators for 
sandblasting; 
(E) The use of exhaust ventilation to prevent accumulation and recirculation of airborne 
contaminants is hereby required; 
(F) It shall be unlawful to eat, drink, use tobacco products, or apply cosmetics in areas 
where there is dust containing crystalline silica. 
SECTION 4. Implementing Rules and Regulations.- 
The Department shall adopt the 
Implementing Rules and Regulations for this Act which shall include the following: 
(A) Adoption of administrative controls in the form of good work practices; 
(B) Guidelines for the mandatory use of personal protective equipment and clothing 
where necessary; 
(C) Proper engineering controls to minimize the deleterious effects of silica. 
SECTION 5. Penalties. -The Department is empowered to establish and assess penalties 
or fines against an employer for violations of this Act or regulations adopted under this Act. In 
no circumstance will any penalties or fines exceed P10,OOO.OO for each day the permit holder 
remains in violation. 
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valid and subsisting. 
SECTION 6. Separability Clause. - If any provision, or part hereof is held invalid or 
unconstitutional, the remainder of the law or the provision not otherwise affected shall remain 
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SECTION 7. 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. 


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Approved, 
SECTION 8. Effecfivity Clause. - This Act shall take effect fifteen (15) days after its 
publication in at least two (2) newspapers of general circulation.