FOURTEENTH CONGRESS OF THE REPUBLIC ) 
OF THE PHILIPPINES 
Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
The Constitution, Article 11, Section 15 provides: 
The State shall protect and promote the right to health of the 
people and instill health consciousness among them. 
Millions of workers in a variety of occupations, such as miniug, construction and 
abrasive blasting, are exposed to microscopic airborne particles of silica, asbestos and 
coal dust. Inhalation of these particles may not only cause cancer ofthe lung, trachea and 
bronchus, but also the non-malignant respiratory diseases, silicosis, asbestos and coal 
pneumoconiosis ("dusly lung"). Non-malignant respiratory diseases in workers can result 
from exposures to airborne agents during the course of their work. These agents are 
mainly in the form of particulates or dusts and the primary route of exposure is 
inhalation. The agents gain access to the respiratory system and are either deposited (in 
the case of dusts) or enter the circulatory system. 
Development of these diseases is influenced by the amount of exposure and the 
toxicity of the dust, and the diseases are characterized by long latency periods; therefore, 
even in countries in which exposures have been recognized and controlled, tb.e disease 
rates are only gradually declining. Rate trends in developing countries are mostly 
unknown but the magnitude of the problem is substantial. 
Studies estimate that 5-18% of asthma may be attributable to occupational 
exposure, with one review study suggesting a median value of 15% for the highest 
quality studies. One large population study estimates that 14% of chronic obstructive 
pulmonary disease is attributable to occupational causes. In total, the attributable 


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mortality for chronic obstivctive pulmonary disease was 243,000 (0.4%) deaths and the 
attributable burden was 3.0 million (0.2%). Several tens of thousands oC additional deaths 
are att.ributable to silica, asbestos and coal dust. At the global level, the burden appears 
low, but the risk to workers in mining, constniction and other occupations is high. For 
example, most workers with long-term exposure to Sow-to-moderate silica concentrations 
will develop silicosis. These diseases are entirely preventable through efforts like those of 
the International Labor Organization and World Health Organization global campaign to 
eliminate silicosis, including elimination of exposure through substitution of safer 
materials, wet methods, and ventilation. 
This bill seeks to address the health and safety concerns posed by exposure to 
airborne particulates in the workplace. 


FOURTEENTH CONGRESS OF THE REPUBLIC ) 
OF THE PHILIPPINES 
Second Regular Session 
I 
Introduced by Senator Miriam Defensor Santiago 
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AN ACT 
PROTECTING WORKERS FROM THE EFFECTS 
OF AIRBORNE PARTICULATES IN THE WORKPLACE 
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Congress assembled: 
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Be it enacted by the Senate and the House of Representatives of the Philippines in 
SECTION 1. Short Title. - This Act shall be known as the “Airborne Particulates 
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Regulatory Act of 2009.” 
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SECTION 2,. Dejnition of terms. - As used in this Act, the term- 
(A) “Airborne Particulates” refer to any particulate matter that is suspended in the air. It 
can be caused by natural phenomena or come from man-made sources. In high enough 
concentrations, particulates can aggravate existing respiratory problems or even trigger 
new ones; 
(B) “Department” means the Department of Labor and Employment; 
SECTION 3. Requirements for a workplace involving airborne particulutes. - an 
employer must observe the following requirements if airborne particulates are present in his 
place ofbusiness- 
(A)Employers are required to provide and assure the use of appropriate controls for 
airborne particulate dust. They must use all available engineering controls such as 
blasting cabinets, water sprays, and local exhaust ventilation. Substitution of less 
hazardous materials can also be used; 
(B) Obtain technical bulletins that may provide additional health and safety information; 


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(C) For other operations wbere respirators maybe required, wear a respirator approved for 
protection against the. particulatcs. Do not alter the respirator in any way. Worlcers 
who use tight-fitting respirators cannot have beardsirnustaches which interfere with 
the respirator seal to the face; 
(D) The employer must use type CE positive pressure abrasive blasting respirators for 
sandblasting; 
(E) The use of exhaust ventilation to prevent accumulation and recirculation of airborne 
contaminants is hereby required. 
SECTION 4. Implementing Rules and Regulations.- 
The Department shall adopt the 
Impleinenting Rules and Regulations for this Act which shall include the following: 
(A)Adoption of administrative controls in the form of good work practices; 
(E) Guidelines for the mandatory use of personal protective equipment and clothing 
where necessary; 
(C) Proper engineering controls to minimize the deleterious effects of airborne 
particulates. 
SECTION 5. Penalties. - The Department is empowered to establish and assess penalties 
or fines against an employer for violations of this Act or regulations adopted under this Act. In 
no circumstance will any penalties or fines exceed PS0,OOO.OO for each day the permit holder 
remains in violation. 
SECTION 6. Separability Clause. - If any provision, or part hereof is held invalid or 
unconstitutional, the remainder of the law or the provision not otherwise affected shall remain 
valid and subsisting. 
SECTION 7. Repealing Clause. - Any law, presidential decree or issuance, executive 
order, letter of instruction, administrative order, rule or regulation contrary to or inconsistent 
with, the provisions of this Act is hereby repealed, modified, or amended accordingly. 
(2) 


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Approved, 
SECTION 8. Effectivity Clause. - This Act shall take effect fifteen (15) days after its 
publication in at least two (2) newspapers of general circulation.