Republic of the Philippines
HOUSE OF REPRESENTATIVES
Batasang Pambansa, Quezon City

FIFTEENTH CONGRESS
First Regular Session

3263

HOUSE BILL NO.

INTRODUCED BY REP. JOSEPH VICTOR G. EJERCITO

EXPLANATORY NOTE

Individuals involved in garbage collection, working in dumpsites
or assigned in disaster areas face numerous and uncommon worksite
and environmental hazards. Worse, they may be encountering
hazards, with which they have little prior experience or training;
hence, exposing them to further dangers that may deleteriously
prejudice their safety and health.

Unfortunately, the government has not taken any concrete plan
of action to at least abate or minimize the risks these individuals deal
with. Considering the sensitive and delicate nature of this concern, it
makes one wonder how come no programs have ever been set in place
to critically address the same.

The purpose of this Act is to appropriately take action. Basically,
it seeks to protect the health and safety of these individuals by
requiring the wearing of gloves, masks and other proper protective
gears and equipment, such as but not limited to respirators in
pertinent cases as protection against hazardous air-born toxins; the
periodic mandatory medical check-up and intervention, if need be of
said individuals; and the adoption of concrete guidelines that shall be
observed and implemented in disaster area operations and dumpsite
activities.

Considering the importance of this measure, immediate
enactment of the same is earnestly sought.

=

JOSEPH VICTOR G. EJERCITO


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Batasang Pambansa, Quezon City

FIFTEENTH CONGRESS
First Regular Session

HOUSE BILL NO.

INTRODUCED BY REP. JOSEPH VICTOR G. EJERCITO

AN ACT
SEEKING TO PROTECT THE HEALTH AND SAFETY OF
INDIVIDUALS INVOLVED IN GARBAGE COLLECTION,
WORKING IN DUMPSITES OR ASSIGNED IN DISASTER
AREAS AND FOR OTHER PURPOSES

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

SECTION 1. Short Title. - This Act shall also be known as the
“Individuals’ Health and Safety Act.”

SEC. 2. Provision of Gloves, Masks, and other Proper
Protective Equipment.- No individuals involved in garbage collection,
working in dumpsites or assigned in disaster areas may be allowed to
continue with any of their respective activities, unless they are
properly equipped with protective gloves and masks and other health
and safety gears and proper protective equipment, such as but not
limited to respirators to protect against airborne toxins, which may be
required depending on the nature and extent of risks involved in clean-
up operations, where hazardous and infectious chemicals are present.

For purposes of this Act, the term “hazardous material” includes:

(a) a petroleum-based product:

(b) a metal;

(c) a volatile or semi-volatile organic compound;

(d) a pesticide;

(e) an herbicide;

(f) a polychlorinated biphenyl; and

(g) any biological material in floodwater, surface water,
sediment, or soil that may threaten human health or the environment.

The term “infectious material”, meanwhile, means each of the
following:


(a) Any organism that is capable of producing infection or
infectious disease, such as a bacteria, fungus, parasite, protozoan or
virus.

(b) Any strain of a potentially virulent virus or other disease that
was the subject of study and experimentation at one of several level 3
bioresearch labs located in the regions affected by recent hurricanes
and flooding.

(c) Any carrier acting as a vector for spreading infectious
organisms or virulent diseases, or both, such as a decaying corpse, or
a living nonhuman agent such as an infected rodent or an escaped
laboratory test animal.

SEC. 3. Provision of Closed Containers. - Any contractor,
operator, or entity, duly contracted to carry out garbage collection in
Metro Manila and other parts of the country, shall place all collected
garbage inside closed containers. Use of open garbage trucks is strictly
prohibited.

SEC. 4. Comprehensive Guidelines. - The Secretary of the
Department of Health, in coordination with the Department of
Environment and Natural Resources, and other appropriate and
concerned agencies shall come up with comprehensive guidelines,
which shall be strictly observed by any responder or clean-up crew
deployed to attend to rescue or cleanup operations in disaster areas,
where presence of hazardous and infectious materials shall place them
at greater risks.

Specifically, the guidelines adopted shall ensure that-

(A) worksites and areas where responders and clean-up crews
are to be sent are subject to a full environmental assessment and
identification of hazards through onsite evaluation and monitoring and
identification of workers likely to be facing high risk of hazardous
exposures;

(B) relief, reconstruction and clean-up workers of all contributing
agencies, whether government or private -

(i) are properly informed of the environmental hazards
they may face in their work;

(ii) are provided proper training in handling toxic
materials;

(iii) are provided with the proper Protective equipment
(such as respirators to protect against airborne toxins), and
guidelines and training for using them; and

(iv) receive proper immunizations, where necessary and
appropriate;


(C) these efforts are coordinated in close collaboration with local
employers, unions and safety and health professionals.

SEC. 5. Periodic Medical Check-up. - All individuals involved
in garbage collection, working in dumpsites or assigned in disaster
areas, shall be required to undergo period mandatory medical check-
up to ensure that their health and safety are not prejudiced by their
activities. The proper government agencies or private corporations or
entities who employ said individuals shall provide for the necessary
fund to finance the cost of medical attention or intervention that may
be needed.

SEC. 6. Penalties. - Any person who violates any provisions of
this Act shall be liable to payment of fines ranging from Two Hundred
Thousand Pesos (P200,000.00) to Five Hundred Thousand Pesos
(P500,000.00), including revocation of necessary license to operate as
regards private entities.

SEC. 7. 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.

SEC. 8. Repealing Clause. - Any law, presidential decree or
issuance, executive order, letter of instruction, administrative order,
rule or regulation contrary to or inconsistent with the provision of this
Act is hereby repealed, modified or amended accordingly.

SEC. 9. Effectivity Clause. -This Act shall take effect fifteen

(15) days after its publication in at least two (2) newspapers of
general circulation.

Approved,