SENEATIVES
aiCENVED
18 JUL 2016

Republic of the Philippines 27°
HOUSE OF REPRESENTATIVES BY.
Quezon City
STMTION UNIT

SEVENTEENTH CONGRESS Bit
First Regular Session

NOEX SERVICE

House Bittno. L6.

Introduced by Rep. Winston “Winnie”Castelo

EXPLANATORY NOTE

The deadly fire at a slippers factory in Valenzuela City took death toll to 72 company employees
or workers last year. The incident set alarm thereby tasking several government agencies to
probe into the cause or circumstances surrounding the unnecessary number of casualties, both
killed and injured.

Against this backdrop, the 1978 Occupational Safety and Health Standards enforced by the
Department of Labor and Employment have been found wanting. Perhaps, some standards are
more on the breach than on compliance. It seems that employers or companies may have
failed to insure safety against occupational and health hazards of the workplace. This.
apparently willful violations of prescribed standards or benchmarks against imminent danger
for employees or workers shall henceforth be dealt with accordingly.

It is the primary urgency of the bill to set the highest level of compliance from errant or erring
employers or companies unmindful of the total safety of workers or employees against
imminent danger of death, illness, and/or injury through the imposition of criminal penalties as
prescribed under existing laws.

To address the problem that might in the future go out of hand, the bill envisions the creation
of the Occupational Safety and Health Administration (OSHA) as the office of primary
responsibility (OPR) to impose criminal penalties against any violation of criteria/standards
prescribed in the 1978 Occupational Safety and Health Standards.

The need for a congressional fiat cannot be underestimated. Truly, there is a need of an.agency
liberally authorized to pursue high-profile criminal prosecutions, determiné heavier crimi
penalties, and impose much higher fines against employers or their compapy executives who may be
found guilty of willful violation of prescribed standards that results in thé death of an employee or
worker or otherwise serious illness or injury detrimental to their safety and/health.

The immediate passage of this bill is henceforth most earnestly prayed fo


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

1623

HOUSE BILL NO,

Introduced by Rep. Winston “Winnie”Castelo

AN ACT

CREATING THE OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION (OSHA) UNDER THE
DEPARTMENT OF LABOR AND EMPLOYMENT THEREBY IMPOSING CRIMINAL PENALTIES
AGAINST VIOLATIONS OF THE 1978 OCCUPATIONAL SAFETY AND HEALTH STANDARDS

AND FOR OTHER PURPOSES

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

SECTION 1. This Act shall be known as the ‘Occupational Safety and Health
Administration Act’ of 2016.

SEC. 2. The Occupational Safety and Health Administration (OSHA) shall hereby be
created as the agency in charge of the strict and effective implementation of the 1978
Occupational Safety and Health Standards currently set forth by the Department of Labor and
Employment.

SEC. 3. It shall be the mission of the OSHA to assure safe and healthful working
conditions for working men and women by setting and enforcing standards under pain of
criminal penalties imposed against employers in violation thereof particularly in cases resulting
in mass death, illness, and/or injury to employees or workers.

SEC. 4, Under this Act, OSHA as the Office of Primary Responsibility (OPR) shall
henceforth be authorized to impose criminal penalties upon justification of just cause and in
accordance with existing laws, statutes or enactments for any violation of set forth
occupational safety and health standards or criteria.

Provided Further That, the Administration may be liberally allowed to pursue high-
profile criminal prosecutions, determine heavier criminal penalties, and impose much higher
fines against employers or their company executives who may be found guilty of willful


violation of prescribed standards that results in the death, serious injury or illness of an
employee or worker.

SEC. 5. This Act shall take effect upon forty five (45) days upon its approval, publication
in the Official Gazette, and dissemination in at least three (3) newspapers of general circulation.

Approved,