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Republic of the Philippines |}

HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
Second Regular Session

HOUSE BILLNO. 9.777

Introduced by Rep. Winston “Winnie” Castelo

EXPLANATORY NOTE

The deadly fire at a slippers factory in Valenzuela City recently took death toll to 72
company employees or workers. The incident set alarm thereby taking to task 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.

criminal penalties, and impose much higher fines against employers of their company executives
results in the death of an


Republic of the Philippines
HOUSE OF REPRESENTATIVES.
Quezon City

SIXTEENTH CONGRESS
Third Regular Session

House BILLNO.D'77 7

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 2015.

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,