EIVED ©
11 JUN 2014 %)

Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
First Regular Session

House Bill No__4635

Introduced by Representatives EMMI A, DE JESUS and LUZVIMINDA C.
ILAGAN,

EXPLANATORY NOTE

The labor NGO Institute for Occupational Health and Safety Development or
IOHSAD reports that many workers in the country fall ill, are injured or killed at the
workplace or in relation to their occupation. In fact, as far as workers’ job-related
deaths are concerned, IOHSAD claims that there is a “massacre,” albeit “hidden,” of
workers in the country.

According to the International Labor Organization, more than two million workers
across the globe die annually due to work-related diseases and incidents. In the
Philippines, there is no annual data explaining the number of work- related deaths
and injuries. Many of our wealth creators and honest taxpayers, the working people,
die silently and anonymously, while erring employers are given a mere slap on the
wrist when they fail to uphold safety standards resulting in loss of limbs and lives.

Nonetheless, the number of workers who have died under the presidency of Benigno
Simeon Aquino III alone is staggering by itself and merits immediate action: Eton
Towers (2010, 10 dead), Keppel (2011, 5 dead), Ali Mall (2012, 4 dead), Novo
(2012, 17 dead), and SPC Malaya Power Corporation (2013, five dead). A week ago,
eight female workers died in Pasay City when the makeshift electronics warehouse
in which they worked and lived caught fire. The building was padiocked from the
outside by their employer and did not have an emergency exit that could have
enabled them to vacate the area in the soonest possible time.

An immediate cause of the prevalence of such illnesses, injuries or deaths are the
violations of existing occupational health and safety or OHS standards by employers.

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It could be argued that as long as production is geared towards creating profits,
workers’ OHS will always take the backseat to that goal. Adherence to OHS.
standards will always be subjected to capitalist penny-pinching

It is therefore of utmost importance for government to continuously and closely
monitor employers’ adherence to OHS standards and at the same time lay down stiff
punishments for violations of such standards.

What we are seeing, however, is the exact opposite. The government has even gone
as far as allowing employers to carry out self-inspection of their adherence to OHS
standards and it has laid down only meager penalties for violations, even for those
that result in the death of workers

Taking advantage of gray areas in the Labor Code, the government has allowed the
“self-inspection” by employers of their adherence to OHS standards, The
Department of Labor and Employment Order No. 57-04 states that “This voluntary
mode shall be encouraged in establishments with at least 200 workers. It shall also
apply to unionized establishments with Certified Collective Bargaining Agreement
regardless of the number of workers.”

This bill, also known as the Workers’ Safety and Health Inspection and Employers’
Liability Decree or “Workers’ SHIELD” seeks to advance workers’ health and safety
in the workplace by addressing the two main flaws in the government's approach to
workers’ OHS. It seeks to compel the Labor Department to carry out inspection of
employers’ adherence to OHS standards. It also seeks to clearly define penalties for
violation of workers’ OHS and criminalize those that result in deaths.

It is hoped that the stricter sanctions in this proposed measure would deter safety
violators, and that DOLE will be more responsible in enforcing strict adherence to
Philippine safety standards.

There is an immediate need to put a stop to workplace-related illnesses, injuries or
death, and those accountable must be penalized accordingly.

Thus, the passage of this bill is earnestly sought

Ao ctoy / Pagina e- of
REP. EMMI A. DE JESUS: REP“LUZVIMINDA C. ILAG,

Gabriela Women’s Party Gabriela Women’s Party

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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
First Regular Session

: 4635

House Bill No

Introduced by Representatives EMMI A, DE JESUS and LUZVIMINDA C.
ILAGAN,

AN ACT IMPOSING STRICT COMPLIANCE THROUGH MANDATORY
INSPECTION AND PROVIDING PENALTIES FOR VIOLATIONS OF
OCCUPATIONAL SAFETY AND HEALTH PROVISIONS OF THE TITLE | BOOK IV
OF THE LABOR CODE OF THE PHILIIPPINES, THEREBY AMENDING PD 442,
AS AMENDED.

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

SECTION 1. Short Title. This Act shall be known as the "Worker's Safety and
Health Inspection and Employer's Liability Decree" or ‘Worker's SHIELD.”

SECTION 2. Declaration of Policies. It is hereby declared that:

a. The State affirms labor as a primary social and economic force and that a
safe and healthy workforce is an integral aspect of nation building;

b, The State shall ensure a safe and healthful workplace for all working people
by affording them with full protection against all hazards in the workplace. | It
shall ensure that the provisions of Title | Book IV of the Labor Code of the
Philippines, all domestic laws and internationally-recognized standards on
occupational safety and health are being fully enforced and complied with by
the employers, and shall provide for penalties in any violation thereof;

c. The State in protecting the safety and health of the workers shall promote
strict but dynamic, inclusive and gender-sensitive measures in the formulation
and implementation of policies and programs related to occupational safety
and health.

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SECTION 3. Article 165 of Title | Book IV of the Labor Code of the Philippines, is
hereby amended as follows:

ART. 165. Administration of safety and health laws. —

a. The Department of Labor and Employment shall be solely responsible for the
administration and enforcement of occupational safety and health laws,
regulations and standards in all establishments and workplaces wherever they
may be located; Rew Hactecael oat y be—allowed. 1% duct
industrial —safety_inspections of

te-faciliti m1 e wy

i a
the purpose-as determined by the Department of ooerana Eien ment-and

bject—t tablished—by—the—atter. IT SHALL BE
MANDATED 70 neeecr ALL ESTABLISHMENTS AND WORKPLACES
REGARDLESS OF SIZE AND NATURE OF OPERATION AND SHALL
DISALLOW SELF-INSPECTION OR ANY FORM OF EMPLOYER
DISCRETION-BASED COMPLIANCE WITH SAFETY AND HEALTH LAWS.
HOWEVER, CHARTERED CITIES MAY BE ALLOWED TO CONDUCT
INDUSTRIAL SAFETY INSPECTIONS OF ESTABLISHMENTS WITHIN
THEIR JURISDICTIONS, IN COORDINATION WITH THE DEPARTMENT
OF LABOR AND EMPLOYMENT, WHERE THEY HAVE ADEQUATE
FACILITIES AND COMPETENT PERSONNEL FOR THE PURPOSE AS
DETERMINED BY THE DEPARTMENT OF LABOR AND EMPLOYMENT
AND SUBJECT TO NATIONAL STANDARDS ESTABLISHED BY THE
LATTER.

b. The Secretary of Labor and Employment may, through appropriate
regulations, collect reasonable fees for the inspection of steam boilers,
pressure vessels and pipings and electrical installations, the test and approval
for safe use of materials, equipment and other safety devices and the
approval of plans for such materials, equipment and devices. The fee so
collected shall be deposited in the national treasury to the credit of the
occupational safety and health fund and shall be expended exclusively for the
administration and enforcement of safety and other labor laws administered
by the Department of Labor and Employment.

c. THE BUREAU OF LABOR STANDARDS SHALL CONDUCT AN ANNUAL
ASSESSMENT OF THE SAFETY AND HEALTH CONDITION OF THE
PHILIPPINE WORKPLACE AND SHALL PUBLISH A REPORT WITH ALL
THE NECESSARY INFORMATION INCLUDING BUT NOT LIMITED TO THE
COMPLIANCE RATE, TOTAL NUMBER OF DEATH, INJURY AND
SICKNESS AND THE PROGRESS OF INVESTIGATION, RECTIFICATION
AND PROSECUTION OF THE EMPLOYERS WHO VIOLATED ANY
PROVISION OF THIS TITLE.

d. ANY EMPLOYER WHO COMMITS A VIOLATION ON ANY PROVISION
UNDER THIS TITLE SHALL BE PUNISHED WITH A FINE OF NOT LESS
THAN TEN THOUSAND PESOS (P10,000.00) NOR MORE THAN TWENTY-
FIVE THOUSAND PESOS (P25,000.00) FOR EACH DAY THAT THE
VIOLATION CONTINUES AND AN IMPRISONMENT OF NOT LESS THAN

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SIX MONTHS NOR MORE THAN ONE YEAR. HOWEVER, IF AN INJURY
IS CAUSED BY SUCH VIOLATION, THE EMPLOYER SHALL BE
PUNISHED WITH A FINE OF NOT LESS THAN THIRTY THOUSAND
PESOS (P30,000.00) BUT NOT MORE THAN FIFTY THOUSAND PESOS
(P50,000.00) FOR EACH DAY THAT THE VIOLATION CONTINUES AND
AN IMPRISONMENT OF NOT LESS THAN ONE YEAR AND ONE DAY TO
A MAXIMUM PERIOD OF SIX YEARS; AND IF DEATH IS CAUSED BY
SUCH VIOLATION, THE EMPLOYER SHALL BE GUILTY OF INDUSTRIAL
HOMICIDE AND SHALL BE PUNISHED WITH A FINE OF NOT LESS THAN
SEVENTY-FIVE THOUSAND PESOS (P75,000.00) FOR EACH DAY OF
VIOLATION AND A MINIMUM IMPRISONMENT PERIOD OF SIX YEARS.
AND ONE DAY TO A MAXIMUM PERIOD OF TWELVE YEARS.

e. FOR THE PURPOSE OF THE IMPOSITION OF PENALTIES, AN
EMPLOYER INCLUDES ANY PERSON DEFINED IN ARTICLE 167(F) OF
THIS CODE AND, IN ADDITION, THE SUBCONTRACTOR, CONTRACTOR
AND PRINCIPAL EMPLOYER WHO DIRECTLY OR_ INDIRECTLY
BENEFITED FROM THE SERVICE OF THE INJURED EMPLOYEE. IF THE
VIOLATION IS COMMITTED BY A CORPORATION, TRUST OR FIRM,
PARTNERSHIP, ASSOCIATION OR ANY OTHER ENTITY THE
PENALTY OF IMPRISONMENT SHALL BE IMPOSED UPON THE
ENTITY'S RESPONSIBLE OFFICERS, INCLUDING, BUT NOT LIMITED TO,
THE PRESIDENT, VICE-PRESIDENT, CHIEF EXECUTIVE OFFICER,
GENERAL MANAGER, MANAGING DIRECTOR OR PARTNER.

SECTION 4. Repealing Clause. All laws, presidential decrees, executive
orders, rules and regulations or parts thereof inconsistent with the provisions of this
Act are hereby repealed or modified accordingly.

SECTION 5. Separability Clause. If any provision or part of this Act is declared
invalid or unconstitutional, the remaining parts or provisions not affected shall remain
in full force and effect.

SECTION 6. Effectivity Clause. This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in at least two (2) national newspapers of
general circulation.

Adopted.

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