Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

NINETEENTH CONGRESS
First Regular Session

House Bitno. 2126

Introduced by Honorable Representatives
ARLENE D. BROSAS (Gabriela Women’s Party);
FRANCE L. CASTRO (ACT Teachers Partylist);
and RAOUL DANNIEL A. MANUEL (Kabataan Partylist)

AN ACT CRIMINALIZING VIOLATIONS OF OCCUPATIONAL SAFETY AND HEALTH
STANDARDS, AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 11058,
OTHERWISE KNOWN AS THE OCCUPATIONAL SAFETY AND HEALTH (OSH)
STANDARDS LAW

EXPLANATORY NOTE

In August 2018, the Occupational Safety and Health (OSH) Standards Law was enacted
after years of lobbying and campaign by workers’ groups, labor non-governmental
organizations (NGOs), and families of workplace tragedy victims. However, the final version
of the measure left out the criminalization of OSH violations, which has been the crucial call
of advocates pushing for safer workplaces. While the law mandates OSH inspections in all
workplaces and the compliance of companies with the OSH standards, violations — even if
resulting in injuries or deaths — are only punished with fines.

The past three (3) years have shown how occupational safety and health is placed way
below the list of the government's priorities. Labor inspection only covered less than 10% of
establishments or 70,298 at most out of around 900,000 to 1 million registered. The national
compliance with Occupational Safety and Health Standards (OSHS) only ranged from 58.36-
70.28%, with the lowest recorded a year after the implementation of the OSH Law. It even
dropped to 34.80% within six months into the pandemic. First aiders, safety officers, and fire
inspection certificates were persistently lacking

The COVID-19 pandemic has inhibited effective inspection of workplaces by the already
meager number of workplace inspectors of the Department of Labor and Employment
(DOLE). Without the proper enforcement of OSH standards and COVID-19 protocols in the
workplace, rapid viral transmission and outbreaks have become possible in several reported
worksites. Not much is known or officially reported about the extent of the outbreaks inside
special economic zones, which continued operations even at the height of the lockdown,

With the resumption of economic activities due to loosening of pandemic restrictions,
‘occurrences of workplace injuries and deaths have increasingly become frequent. In just a
span of forty-five (45) days, twelve (12) workers died in the workplace from May 31 to July
15, 2022 in separate but consecutive incidents:

On May 31, 2022, three (3) workers died when the second floor of the building being
rented by E-ONE Consumers Trading Corporation, a warehouse firm located in an

1



industrial park in Meycauayan, Bulacan, collapsed.

© On June 2, 2022, Stephen Corilla, a contractual worker at Universal Robina
‘Corporation (URC) in Mandaue, Cebu died while cleaning the pulverizer machine.
|Lack of orientation on occupational safety and health, haphazard reassignment of
tasks, and the use of unsafe machinery contributed to the death of Corilla,

|
. jon July 8, 2022, two (2) elevator maintenance workers (Manuel Linayao and Rey
Miguel Gilera) died while fixing the elevator of Burgundy Corporate Tower in Makati
(City. A report indicated that the elevator which was undergoing repair, dropped from
the 38th floor to the 6th floor where the maintenance crew were fixing the elevator at
round 2:55 a.m. Two other elevator installers were reportedly hurtin the incident.
‘© (On July 11, 2022, six (6) workers died when a concrete walll next to their barracks
lapsed in a construction site in Tagaytay City amid heavy rainfall
These Eonsecutive workplace deaths, not to mention other accidents and cases of work-
related injuries, highlight the need to criminalize the employers’ violation of OSH standards
to strerigthen the law in preventing another loss of life at work. It is about time that we treat
gross Violations of OSH standards which result in, or place workers at risk of, injuries or
death as a criminal offense, unlike under the current setup wherein liability over lost lives can
be cleafed thru payment of fines.

|
In view’ pe the foregoing, the passage of this bill is earnestly sought.

Approved,
Yew,
LENE P. BROSAS
| Gabriela Women’s Party

RANGE L. CASTRO.
ACT Teachers Partylist



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

NINETEENTH CONGRESS
First Regular Session

! House BiLNo._2126

| Introduced by Honorable Representatives
ARLENE D. BROSAS (Gabriela Women’s Party)

j FRANCE L. CASTRO (ACT Teachers Partylist);

| and RAOUL DANNIEL A. MANUEL (Kabataan Partylist)

AN ACT CRIMINALIZING VIOLATIONS OF OCCUPATIONAL SAFETY AND HEALTH
STANDARDS, AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 11058,
OTHERWISE KNOWN AS THE OCCUPATIONAL SAFETY AND HEALTH (OSH)
STANDARDS LAW

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

Seatoh 1. Section 28 of Republic Act No. 11058 is hereby amended to read as follows:

SEC. 28. Prohibited Acts. The following are considered as prohibited acts:
(a) Willful failure or refusal of an employer, contractor or subcontractor to comply with the
required OSH standards or with a compliance order issued by the Secretary of Labor
and Employment or by the Secretary's authorized representative shall make such
employer, contractor or subcontractor liable for an administrative fine not exceeding
one hundred thousand pesos (P100,000.00) per day until the violation is corrected,
counted from the date the employer or contractor is notified of the violation or the
date the compliance order is duly served on the employer. The amount of fine
|imposed shall depend on the frequency or gravity of the violation committed or the
damage caused. Provided, however, That the maximum amount shall be imposed
[only] when the violation exposes the workers to a risk of death, serious injury or
serious illness.
(b) An employer, contractor or subcontractor who wilifully fails or refuses to comply with
the required OSH standards or with a duly issued compliance order, and engages in
‘any of the following acts to aid, conceal or facilitate such noncompliance, shall be
|CONSIDERED AS HAVING GROSSLY VIOLATED THIS ACT AND SHALL BE
lliable for a maximum of THREE HUNDRED THOUSAND PESOS (P300,000.00) fone
hundred thousand pesos (P100,000.00)] administrative fine separate from the daily
fine imposed above[:], OR IMPRISONMENT OF NOT LESS THAN ONE (1) YEAR:
|AND (1) DAY BUT NOT MORE THAN THREE (3) YEARS, OR BOTH, AT THE
[DISCRETION OF THE COURT:

(1) Repeated obstruction, delay or refusal to provide the Secretary of Labor and
Employment or any of its authorized representative access to the covered
workplace or refusal to provide or allow access to relevant records and
documents or obstruct the conduct of investigation of any fact necessary in
determining compliance with OSH standards.


(2) Misrepresentation in relation to adherence to OSH standards, knowing such
statement, report or record submitted to the DOLE to be false in any material
aspect;

(3) Making retaliatory measures such as termination of employment, refusal to pay,
reducing wages and benefits or in any manner discriminates against any worker
who has given information relative to the inspection being conducted| J:

(4) FAILURE TO COMPLY WITH THE COMPLIANCE ORDER ISSUED BY THE
SECRETARY OF LABOR AND EMPLOYMENT OR ANY OF ITS AUTHORIZED
REPRESENTATIVE BASED ON THE FINDINGS OF VIOLATIONS BY LABOR
LAW COMPLIANCE OFFICERS;

(5) WILLFUL FAILURE OR NEGLECT IN CONDUCTING MANDATORY
WORKERS’ TRAINING, WHICH INCLUDE JOB SAFETY ORIENTATION
PRIOR TO WORK, FIRST AID TRAINING, AND MANDATORY OSH TRAINING
FOR SAFETY OFFICERS AND HEALTH PERSONNEL;

(6) DELIBERATE DEPLOYMENT AND USE OF DEVICES AND EQUIPMENT
WHICH ARE NOT CERTIFIED OR APPROVED AS SAFE FOR THE TASK;

(7) REFUSAL TO ENSURE THE SUFFICIENT PROVISION OF PERSONAL
PROTECTIVE EQUIPMENT (PPE) TO WORKERS FREE OF CHARGE AS
PROVIDED FOR UNDER SECTION 8 OF THIS ACT;

(8) FAILURE TO SUBMIT A REPORT TO THE DEPARTMENT OF LABOR AND
EMPLOYMENT REGARDING ACCIDENTS WHICH RESULT IN INJURIES OR
DEATHS, OR DANGEROUS OCCURRENCES IN THE WORKPLACE WITHIN
TWENTY-FOUR (24) HOURS FROM THE TIME OF ACCIDENT OR
OCCURRENCE;

(8) FAILURE TO ENSURE THE PROVISION OF ADEQUATE INFORMATION ON
THE HAZARDS AND RISKS IN THE WORKPLACE AS PROVIDED FOR
UNDER SECTION 11 OF THIS ACT;

(10) WILLFUL FAILURE OR REFUSAL TO ESTABLISH THE MANDATORY
OCCUPATIONAL SAFETY AND HEALTH COMMITTEE IN THE WORKPLACE

(11) WILLFUL FAILURE OR REFUSAL TO DESIGNATE FIRST AIDERS AND
‘SAFETY OFFICERS; AND

(12) FAILURE TO SECURE AFIRE SAFETY CERTIFICATE.

IF ANY OF THE GROSS VIOLATION RESULTS IN INJURY OF THE EMPLOYEE, THE
EMPLOYER, CONTRACTOR, OR SUBCONTRACTOR SHALL BE PUNISHED, FOR
EVERY RESULTING INJURY, WITH A FINE OF NOT LESS THAN THREE HUNDRED
THOUSAND PESOS (P300,000.00), BUT NOT MORE THAN FIVE HUNDRED
THOUSAND PESOS (P500,000.00), OR IMPRISONMENT OF NOT LESS THAN ONE (1)
YEAR AND (1) DAY BUT NOT MORE THAN SIX (6) YEARS, OR BOTH, AT THE
DISCRETION OF THE GOURT: PROVIDED, THAT IN CONSEQUENCE OF THE
PHYSICAL INJURIES, THE PERSON INJURED SHALL HAVE BECOME DEFORMED, OR
SHALL HAVE LOST ANY OTHER PART OF HIS OR HER BODY, OR SHALL HAVE LOST
THE USE THEREOF, OR SHALL HAVE BEEN ILL OR INCAPACITED TO PERFORM THE
WORK IN WHICH HE OR SHE IS HABITUALLY ENGAGED FOR A PERIOD OF MORE
THAN SIXTY (60) DAYS.

IF ANY OF THE GROSS VIOLATION RESULTS IN DEATH OF THE EMPLOYEE, THE
EMPLOYER, CONTRACTOR, OR SUBCONTRACTOR SHALL BE PUNISHED, FOR
EVERY RESULTING DEATH, WITH A FINE OF MORE THAN ONE MILLION PESOS
(P1,000,000,00) BUT NOT MORE THAN THREE MILLION PESOS (P3,000,000.00), OR
IMPRISONMENT OF NOT LESS THAN SIX (6) YEARS AND ONE (1) DAY BUT NOT
MORE THAN TWELVE (12) YEARS, OR BOTH, AT THE DISCRETION OF THE COURT.

PROVIDED, THAT A CONTRACTING EMPLOYER AND THE CONTRACTOR OR
4


SUBCONTRACTOR SHALL BE SOLIDARILY LIABLE TO INDEMNIFY EACH EMPLOYEE
WITH NO LESS THAN SEVENTY-FIVE THOUSAND PESOS (PHP75,000.00) IN CASE OF
INJURY OR DEATH WITHOUT PREJUDICE TO OTHER MONETARY AWARDS TO WHICH
SUCH EMPLOYEE MAY BE ENTITLED SUCH AS BACKWAGES, MONETARY CLAIMS
AND BENEFITS UNDER AN APPLICABLE COLLECTIVE BARGAINING AGREEMENT OR
COMPANY POLICY, WHETHER WRITTEN OR OTHERWISE. IN CASE OF DEATH OF AN
EMPLOYEE, HIS OR HER HEIRS SHALL BE AWARDED THE INDEMNITY. IN CASE OF
DEATH OF THE EMPLOYEE, HIS OR HER HEIRS SHALL BE AWARDED THE
INDEMNITY.

PROVIDED FURTHER, THAT IN CASES OF GROSS VIOLATIONS OF THIS ACT, THE
BUSINESS PERMIT OF THE VIOLATING ENTITY SHALL BE SUSPENDED FOR ONE (1)
WEEK FOR THE FIRST OFFENSE, AND TWO (2) MONTHS FOR SECOND OFFENSE.
WORKERS AFFECTED BY THE SUSPENSION OF THE BUSINESS PERMIT SHALL BE
PROPERLY COMPENSATED BY THE EMPLOYER, CONTRACTOR AND/ OR
SUBCONTRACTOR. FOR THIRD OFFENSE, THE BUSINESS PERMIT OF THE
OFFENDER SHALL BE CANCELLED.

IN ANY OF THE VIOLATIONS OF OSH STANDARDS ENUMERATED ABOVE, THE
EMPLOYER, CONTRACTOR AND SUBCONTRACTOR SHALL BE SOLIDARILY LIABLE
TO THE EMPLOYEE OR EMPLOYEES. NO WAIVER OR AFFIDAVIT OF DESISTANCE
SHALL PREVENT THE FILING OF COMPLAINTS NOR DERAIL THE PROCEEDINGS
AGAINST THE EMPLOYER, CONTRACTOR AND SUBCONTRACTOR.

[For the purpose,] T[tJhe Secretary of Labor and Employment, in consultation with relevant
stakeholders, shall issue a list of offenses with corresponding reasonable administrative
fines depending on the severity, frequency and damage caused without prejudice to the filing
of a criminal or a civil case in the regular courts, as the case may be.

The fine collected shall be used for the operation of occupational safety and health
initiatives, including occupational safety and health training and education and other
‘occupational safety and health programs:

IF THE VIOLATION IS COMMITTED BY A CORPORATION, TRUST OR FIRM,
PARTNERSHIP, ASSOCIATION OR ANY OTHER JURIDICAL ENTITY, THE PENALTY OF
IMPRISONMENT SHALL BE IMPOSED UPON THE ENTITY'S RESPONSIBLE
OFFICERS, INCLUDING THE PRESIDENT, VICE PRESIDENT, CHIEF EXECUTIVE
OFFICER, GENERAL MANAGER, MANAGING DIRECTOR OR PARTNER.

ANY PERSON CONVICTED UNDER THIS ACT SHALL NOT BE ENTITLED TO THE
BENEFITS PROVIDED FOR UNDER THE PROBATION LAW.

Section 2. Implementing Rules and Regulations. The Department of Labor and
Employment (DOLE) shall, within ninety (90) days after the effectivity of this Act, formulate
the necessary rules and regulations for its effective implementation.

Section 3. Repealing Clause. - All laws, presidential decrees, executive orders, rules and
regulations, other issuances, and parts thereof, which are inconsistent with the provisions of
this Act, are hereby repealed and modified accordingly.



Section 4. Effectivity Clause. - This Act shall take effect fifteen (15) days after publication
in the Official Gazette or in any newspaper of general circulation.

Approved,