Hue sh OF REPRESENTATIVES

RECEIVED
Republic of the Philippines pave: 91 AUG 2016
HOUSE OF REPRESENTATIVES
Quezon City | me
ey.
SEVENTEENTH CONGRESS

| ATION UNIT

First Regular Session f
2 ILLS ANU INVEX SERVICE

HOUSE BILL NO.

Introduced by HONORABLE STRIKE B. REVILLA

AN ACT
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.

REP. aN B. REVILLA

2nd District of Cavite


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. £233

Introduced by HONORABLE STRIKE B. REVILLA

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:

SECTION 1. Short Title. This Act shall be known as the “BPO Workers Health and
Safety Act of 2016.”

SEC. 2. Declaration of Policy. It is hereby declared policy of the State to secure the
health, safety and welfare of the BPO or call center workers and others similarly employed. The
State must ensure safe and healthy work environment for call center employees that protects
them from injury and illness and that is adapted to their physiological and psychological needs.
The State shall formulate and mandate progressively higher standards of occupational health and
safety to account for changes in technology and work practices. All call centers operation in the
country must adhere to the following principles of health and safety protection for the mutual

benefit of the employees and employers:

a. The importance of health and safety requires that employees, other persons at work
and members of the public be given the highest level of protection against risks to

their health and safety that is reasonably practicable in the circumstances.

b, Persons who control or manage matters that give rise or may give rise to risks to
health or safety are responsible for eliminating or reducing those risks so far as is

reasonably practicable.

¢. Employers have a duty to secure the health, safety and welfare of employees and third

persons working at or near their workplace. This general duty requires employers to


1 actively prevent risks arising out of their business activities and extends to protecting

2 both employees and independent contractors.
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4 d. Employers and self-employed persons should be proactive, and take all reasonably
5 practicable measures, to ensure health and safety at workplace and in the conduct of
6 undertakings.
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8 e. Employers and employees should exchange information and ideas about risks to
9 health and safety and measures that can be taken to eliminate or reduce those risks.
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" £, Employees are entitled, and should be encouraged, to be represented in relation to
12 health and safety issues.
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4 Definition of Terms, For purposes of this act, the following terms shall be

15 understood as

16 Follows:

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18 a. “Business Process Outsourcing (BPO)” is defined as the delegation of service-type
19 business processes to a third-party service provider. It is generally divided into the
20 following sectors: contact centers, back office services, data transcription, animation,
21 software development, engineering development and game development. Most BPO
2 companies engage in shift work to complete their 24-hour work cycle.

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24 b. “Call Center”, also known as contact center, refers to a central customer service

25 operation where agents ~ customer care specialists or customer service

26 representatives ~ handle business-related telephone calls and other IT-related non-
27 voice activities in behalf of a client.

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29 c. “Employer” includes any person or enterprise acting directly or indirectly in the

30 interest of an employer, in relation to an employee, and shall include government
31 owned or controlled corporations and institutions, as well as non-profit private

32 institutions or organizations. Indirect employers or contractors a shall be considered
33 “employers” in this Act.

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35 d, “Employee” shall mean any person hired, permitted or suffered to work by an

36 employer

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“Health” shall connote a sound state of the body and mind of the worker, which

enables him to perform his job normally, in a state of well-being.

“Safe or Safety” shall refer to the physical or environmental conditions of work or

employment, which substantially comply with the provisions of the Standards,

“Work Accident” shall mean an unplanned or unexpected occurrence that may or may
not result in personal injury, property damage, work stoppage or interference or any

combination thereof, which arises out of and in the course of employment.

“Work Injury” shall mean any injury or occupational illness suffered by a person,

which arises out of or in the course of his employment.

“Occupational [liness” shall mean any illness caused by environmental factors, the
exposure to which is characterized or peculiar to a particular process, trade of
occupation and to which an employee or worker is not ordinarily subjected to or

exposed outside of or away from such employment.

“Workplace” means the office, premises or work site, where the workers are
habitually employed and shall include the office or place where the workers, who
have no fixed or definite work sire, regularly report for assignment in the course of

their employment

“Approved” shall mean acceptable to the Secretary in writing after proper

examination showing compliance with prescribed Standards.

“Code” shall mean the Labor Code P.D. 442 as amended.

. “Agencies” shall mean government agencies mandated to monitor, administer,

promote, and ensure health and safety regulations and standards. These agencies are
the Department of Labor and Employment, Bureau of Working Conditions,

Employees Compensation Commission and Occupational Safety and Health Center.

“Department” shall mean the Department of Labor and Employment.


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©. “Secretary” shall mean the Secretary of Labor and Employment.

p. “Bureau” shall mean the Bureau of Working Conditions.

q. “Director” shall mean the Director of the Bureau of Working Conditions.

r, “Standards” shall mean the Occupational Safety and Health Standards and

regulations.

s. “Enforcement officer” shall mean the industrial safety engineer, the labor regulation
officer, or any duly authorized representatives of the Secretary to enforce this
Standards.

t. “Authorized Representative” shall mean and include chartered cities, municipalities,
employees or officials of other government agencies empowered by the Secretary of

Labor and Employment to enforce the provisions of the Standards.

u. “Workplace Occupational Health and Safety Representative” as defined in Section 7
of this Act.

v. “Registered Interested Party” shall mean any duly registered non-stock non-profit

organization advocating occupational health and safety (OHS)

w. “Shift work” shall mean the employment practice designed to make use of the 24
hours of the clock, Employees are given schedules which correspond to a 24-hour
work cycle, The term shift work includes both long-term night shifts and work

schedules in which employees change or rotate shifts. Shift work is an.

SEC. 4, Occupational Health and Safety Standards and Regulations Sor BPO Workers.
Pursuant to

Its mandate, the Department of Labor and Employment is tasked to establish Occupational
Health and Safety Standards (Standards) for BPO work.


The Standards shall adhere to the prevailing standards of health and safety for BPO work
and other similar employment. It is imperative that the minimum provisions in the Standards
meet the International Labor Organization’s recommendations. Further provisions which the
Agencies and the concerned parties deem appropriate for the protection of the workers in the
local setting should be included. The Standards should be reviewed annually by the agencies,

workplace OHS representatives and registered interested parties.

SEC. 5. The Nature of BPO Night-Shift Work. Establishments engaged in shift work to
complete their 24-hour work cycle expose their employees to health and security risks, thus
night-shift work is considered hazardous in this Act. The erratic schedule, repetitive work, and
artificial daytime environment which the employees are subjected to cause undue physical and

psychological stress on BPO workers.

SEC. 6. Compliance of the Standards. The Standards shall be strictly enforced in all
establishments operating in the country. Compliance to the provisions of the Standards shall be
mandatory.

SEC. 7. Guidelines for the Implementation of Standards, The agencies and the workplace

OHS representatives shall regularly monitor the implementation of the Standards.

a. The Department through its enforcements officers shall administer and enforce the

provisions of the Standards.

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.

c. Every establishments or place of employment shall be inspected at least once a year
to determine compliance with the provisions of the Standards. Special inspection
visits. However, may be authorized by the Regional Labor Office or as authorized
under Rule 1980 of the Labor Code, to investigate accidents, occupational illnesses or
dangerous occurrences, especially those resulting in permanent total disability or
death, to conduct surveys of working conditions requested by the Bureau for the
purpose of evaluating and assessing environment contaminants and physical
conditions or to conduct investigations, inspections or follow-up inspections upon

request of an employer, worker or a labor union of the establishment.


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d. The enforcement officer shall determine reasonable periods of compliance with
recommendations depending on the gravity of the hazards needing corrections or the

period needed to come into compliance with the order.

e. In case the establishment fails to comply with the Standards to the imminent danger
of the workers, the enforcement officer can immediately suspend operations in order

to prevent injuries pending compliance by the establishment.

£ The workplace occupational health and safety committee shall have monitoring rights
and can also recommend and declare suspension of operations in the event that the
safety and welfare of workers are deemed compromised as stated in Section 7 B of
the Act.

SEC. 8. Workplace Occupational Health and Safety Officer. An OHS representation is
to be

elected for the purposes of consultation and monitoring of the Standards if at least one of the
persons employed by the employer requests the election of the representative. The employees

may elect more than one OHS representative upon approval by the Department.

A. Election of workplace OHS representative.
(1) A workplace OHS representative is to be elected by the workers.
(2) A person is —
(a) Only eligible to be elected as a workplace representative if he or she is an
employee; and
(b) Not eligible to be elected as a health and safety representative if he or she is

disqualified under section 56 from acting as a health and safety representative.

(3) All employees are entitled to vote in an election.

(4) The employees and the employers may determine how an election is to be
conducted but, if they do not reach agreement within a reasonable time, any
employee may ask the Department to arrange for an enforcement officer to-

(a) Conduct the election; or
(b) If the inspector considers it appropriate, appoint another person to conduct the
election.

(5) An election must be conducted in accordance with the procedures (if any)

prescribed by the regulations.


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(6) If the number of candidates for election as a health and safety representative
equals the number of vacancies, the election need not be conducted and each
candidate is to be taken to have been elected as a health and safety representative
for the designated work group.

B. Functions of workplace OHS representative. AN OHS committee or an OHS
representative has the following functions:

(1) To keep under review the measures taken to ensure the health, safety and welfare
of persons at the place of work,

(2) To investigate any matter that may be a risk to health and safety at the place of
work,

(3) To attempt to resolve the matter but, if unable to do so, to request an investigation
by an inspector for that purpose, and

(4) Such other functions as are prescribed by the regulations.

The workplace OHS representative may file a petition for a time off pay to the
enforcement

Offficer. The time off may be for attending courses as required by appropriate agencies and for

conducting investigations on matters relating to his duties as a workplace OHS representative.

The enforcement officer shall determine the amount of time off commensurate to the task being

performed.

C. Powers of the workplace OHS representative. A health and safety representative may
do any of the following:

(1) Inspect any part of a workplace
(a) At any time after giving reasonable notice to the employer concerned or its

representative; and
(b) Immediately in the event of an incident or any situation involving an
immediate risk to the health or safety of any person:

(2) Accompany an inspector during an inspection of a workplace at which a member
of the designated work group works;

(3) Require the establishment of a health and safety committee to assist in the
monitoring if situation necessitated;

(4) Under extra ordinary circumstances, the representative may give notice to the
employer and the enforcement officer for the suspension of workplace operation
if the welfare and safety of the employees are at risk. The notice must be acted
upon by the employer and the enforcement within 24 hours so as to prevent

endangering the lives of the workers; and,


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(5) Assist or submit in behalf of the injured and ill employee, or his beneficiaries in
case of death, compensation claims to the Employees Compensation Commission
(ECC).

SEC. 9. Workplace Policy on Occupational Health and Safety. Each establishment shall
formulate
their own occupational health and safety policy which adheres to the Standards as defined in
Section 4 of this Act. Any additional safety measure deemed appropriate to the nature of the
localized work environment may also be included pending approval by the Bureau. The policy
must be reviewed annually by the employers, the workplace OHS representatives and the

authorized representative.

All employees shall be informed of the OHS policy. Informational materials such as posters,
brochures and similar devices shall be distributed to the employees free of charge.

SEC. 10. Health Program. The company phy

ian shall, in addition to his duties stated
in the Labor Code, Develop and implement a comprehensive occupational health program for the

benefit of the employees of his employer.

SEC. 11, Health Insurance. All employees are entitled to free medical examination upon
entry and annually during his tenure of employment. The establishment shall provide full health
insurance to the employees, the coverage of which shall be agreed upon by the company and its
employees.

SEC. 12. Work-Related Injuries, Sickness and Death Compensation. All employees and
their dependents shall be also be compensated for injuries, medical complications, illness,
disability and death arising from and related to their work in accordance to existing laws, labor
policies, guidelines or circular as the case may be. The Employees Compensation Commission
shall promptly process any claims for/by injured, disabled, deceased employees or their
dependents.

SEC. 13. Independent Contractors. Articles 106 of the Labor expressly prohibits the

“labor only” contracting. Employers engaging independent contractors to perform work on their
behalf have a duty to minimize the health and safety risks to the contractor's employees. This is
because they are deemed to be employees for the purposes of the Act; and because employers
have a duty to protect third parties at or near their workplace. A failure to maintain a safe

workplace for contractors’ employees may constitute a contravention of the employer’s general
duty under the Act.


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SEC. 14. Penal Provision.

(a) Unless otherwise provided in any Chapter or section in the Code, any person or
establishment who shall violate, disobey, refuse, omit or neglect to comply with any
of the rules and regulations promulgated under this Act shall have a criminal liability
and upon conviction shall be punished by imprisonment for a period not exceeding
six (6) years and a fine not less than One Hundred Fifty Thousand Pesos (Php
150,000.00) depending upon the discretion of the court.

(b) Any person who shall interfere with or hinder, or oppose any officer, agent or
member of the Department or of the bureaus and offices under it, in the performance
of his duty as such under this Code, or shall tear down, mutilate, deface or alter any
placard, or notice, affixed to the punishable upon conviction by imprisonment for a
exceeding six (6) months and a fine not less than Fifty Thousand Pesos (Php
150,000.00) and not more the One Hundred Thousand Pesos (Php 100,000.00) per
day for each of violation depending upon the discretion of the court.

(c) In case of injury, illness or death due to violation, disobedience, refusal, omission or

neglect to comply with Standards and regulations in this Act, the employers and/or
the establishment shall have a criminal liability and shall be punished by
imprisonment and penalties applicable under the Republic Act 3815 also known as

the Revised Penal Code.

SEC. 15. Separability Clause. If, for any reason, any section or provision of this Act is
declared Unconstitutional or invalid, such other sections or provisions not affected thereby shall

remain in full force and effect.

SEC. 16. Repealing Clause. Any law, presidential decree or issuance, executive order,
letter of instruction, administrative order, rule or regulation contrary to ot inconsistent with the

provision of this Act is hereby repealed, modified or amended accordingly.

SEC. 17. Effectivity. This Act shall take effect fifteen (15) days after its publication in at

least two (2) national newspapers of general circulation.

Approved,