EIGHTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES )
First Regular Session )

HOUSE OF REPRESENTATIVES

House Bill No. ___

EXPLANATORY NOTE

Last June 8, 2019, actor, director and screen legend Eduardo V. Garcia met an accident on
the set while filming for GMA 7. He suffered cervical cracks and fractures which resulted in
him being in a comatose state for the next 12 days. Unfortunately, he died on June 20, 2019,

His death highlighted the lack of emergency and safety equipment and protocol during
filming and the importance of safety protocols on the set of any production sites.

The Department of Labor and Employment (DOLE) subsequently found that GMA-7
committed 3 violations of the Occupational Safety and Health (OSH) Law, namely: not
submitting an incident report within 24 hours from the time of the accident; not providing a
safety officer; and not providing a first aid responder.

Under this bill, the film, television and theater industry are required to provide a safe
workplace for alll its workers and employees. Workplace safety and health protocols shall be
the primordial objective to eliminate personal injuries, illness or even death from occurring
again inside the workplace

In view of the foregoing, immediate approval of this measure is earnestly requested

Mr

RUFYS BY RODRI


EIGHTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES )
First Regular Session )

HOUSE OF REPRESENTATIVES:

~ introduced by Representative Rufus B. Rodriguez

House Bill No. 4875
EXPLANATORY NOTE

AN ACT
CREATING AN OCCUPATIONAL SAFETY AND HEALTH STANDARDS ACT (OHSA)
FOR THE FILM, TELEVISION AND THEATER INDUSTRY OF THE PHILIPPINES, AND
FOR OTHER PURPOSES

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

SECTION 1. DECLARATION OF POLICY - It is hereby a declared policy of the state to
safeguard the welfare and security of all personnel and workforce in the film, television and
theater industry.

The state recognizes that the labor forces of the film, television and theater industry
‘as a prime social and economic workforce, therefor a safe and healthy workforce is a vital
aspect of the nation building.

SECTION 2. MANDATORY PERSONNEL AND PRODUCTION INSURANCE COVERAGE —
All members of the film, television and theater industry shall be provided with an insurance
coverage plan for the following:

First aid;

Hazards Materials;

Communication regarding potentially hazardous procedures;
Production Plan;

Stunt Plan;

Review Plan; and

Rescue plan

SECTION 3. STANDARD WORKING HOURS — Working hours shall be between eight (8) to
twelve (12) hours only, this includes the waiting hours in between takes. The working hours
vary from the age bracket written below:

: Below 12 years old

: 13-18 years old

. 19 to 59 years old

: 60 years old and above

The Maximum shooting hours shall be 12 hours. The Minimum turnaround time before the
next shooting day shall be 12 hours. All working hours shall be stated in writing and properly
disseminated in memorandum form to all workers and/or employees.

SECTION 4. IDENTIFICATION OF SAFETY AND HEALTH HAZARDS IN THE
WORKPLACE - In order to manage workplace health and safety and help prevent accidents
and sickness absence, it's important to identify, monitor and reduce the risk associated with
workplace hazards.


Workplace hazards are any aspect of work that cause health and safety risks and have the
potential to harm.

SECTION 5. SAFETY AND MEDICAL CHECKLIST AND THE CREATION OF STANDARD
OPERATING PROCEDURES (SOP) - The film, television and theater industry shall
formulate a synchronized medical and safety precautionary measures

: Safety responsibilities and duties; and

: Work refusal process

SECTION 6. MANDATORY PRESENCE OF SAFETY OFFICERS AND MEDICAL
PERSONNEL - Safety and medical personnel (team) shall be mandatorily deployed to all
work places and areas during the entire conduct of working hours.

SECTION 7. EMERGENCY OPERATIONAL STANDARDS AND PROTOCOL - The film,
television and theater industry shall formulate a systematic protocol for emergency
operational scenarios for the following,

. Explosives;

: Pyrotechnics;

: Open frames;

: ‘Smoke and fog;

: Propane use;

: Gasoline Operated Equipment's;

: Electrical safety;

+ Transportation concerns;

: Seat Belts, Harnesses, Roll cages;
+ Airbags in vehicles;

: Motorcycles;

: Railways and railway crossings;

: Camera cars;

: Process trailers and towed vehicles;
+ Camera boom vehicles;

+ Camera cranes;

+ Working at heights;

: Mobile elevating equipment's;

: Scaffoldings;

: Child performers;

: High fall;

. Skydiving;

: Helicopters;

: Fixed wing aircraft;

: Hot air balloons;

: Underwater stunts and underwater operations;
Water hazards;

Water locations, small craft/vessel and/at dockside;
Working in extreme temperature conditions;
Location requirements;

Hair and make-up;

Multiple dressing rooms;

Craft services and food catering;

Carpentry and woodworking;

Firearms;

Animal handling;

Indigenous pests;

Exotic animals; and

Industrial and construction regulations


SECTION 8. ACCIDENT/S IN THE WORKPLACE ~ In case of Accident(s) on set, the
Corporation or Producer in contract with, shall pay the full hospitalization bill of its
worker/employee. In case the worker/employee cannot work because of his/her accident, the
Corporation or Producer shall pay for the loss of his means of livelihood until the
worker/employee is capable to work again.

SECTION 9. PENALTIES AND SANCTIONS - For every violation of this act: or for every
failure to comply with, the employer or contractor shall pay a fine of not less than One
hundred thousand pesos (100,000.00) per day until the violation is corrected, beginning
from the date of the violation or the date the compliance order was served.

The amount of the fine imposed shall depend on the gravity, complexity and veracity

of the violation committed or damaged cause.
In case of subsequent offenses, the penalty shall be a fine of not less than One
million pesos (P1,000,000.00) per day, and revocation of the franchise to operate.

SECTION 10. THE DEPARTMENT OF LABOR AND EMPLOYMENT shall oversee the full
implementation, enforcement and sanctions imposed in this act.

SECTION 11. TRANSITORY PROVISION — Existing industries, businesses and offices
affected by the implementation of this Act shall be given six (6) months transitory period from
the effectivity of the IRR or such other period as may be determined, to comply with the
requirements of this Act

SECTION 12. IMPLEMENTING RULES AND REGULATIONS — The departments and
agencies charged, with carrying out the provisions of this Act, shall within ninety (90) days
after the effectivity of this Act, formulate the necessary rules and regulations for its effective
implementation.

SECTION 13. REPEALING CLAUSE — All laws, decrees, executive orders, rules and
regulations, or parts thereof inconsistent with the provisions of this Act are hereby repealed
‘or modified accordingly

SECTION 14. SEPARABILITY CLAUSE ~ If, for any reason, any section or provision of this
Act is held unconstitutional or invalid, the other sections or provisions hereof shall not be
affected thereby.

SECTION 15. EFFECTIVITY CLAUSE — This Act shall take effect after fifteen (15) days from
its Publication in the Official Gazette or in at least two (2) national newspapers of general
circulation whichever comes earlier.

Approved,