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

SIXTEENTH CONGRESS
First Regular Session

4437

House Bill No.

Introduced by AKBAYAN Representatives
Walden F. Bello and Ibarra M. Gutierrez III

EXPLANATORY NOTE

That asbestos is a dangerous, disease-causing substance is neither
novel nor disputed. Asbestosis, lung cancer, and mesothelioma are
only some of the devastating illnesses that are attributed to exposure
to this substance, even in very minute amounts. The use of asbestos
has thus been the subject of strict regulation since the 1970s, with
outright bans put in place in most developed nations and many in the
developing world.

Because of its ubiquitous use in the past, little can be done to
completely avoid exposure to asbestos. In the United States, for
instance, an estimated 10,000 persons die each year due to asbestos-
related diseases. A special risk group is composed of men over the age
of 50, and those who are working in the construction and building
industries, where exposure to asbestos-containing construction
materials and structures continues. There are new products, too, that
contain asbestos, such as potting soil and brake linings. The US
Environmental Protection Agency (EPA) has in fact, admitted its
shortcoming when it stated that it “does NOT track the manufacture,
processing, or distribution in commerce of asbestos-containing
products” and suggested that consumers “inquire as to the presence
of asbestos in a particular product.”

In the Philippines, the current policy is one of control by regulation of
the use and disposal of asbestos products. There is a ban on
crocidolite or blue asbestos and amosite or brown asbestos, while the
use of chrysolite or white asbestos is not banned which is permitted in
high density products such as fire proofing, clothing, roofing felts or
related products, asbestos cement roofing and flat sheet, friction
materials, high temperature textile products, etc. While there is much
room for improvement insofar as this policy itself is concerned, it is


also noteworthy that the current regulations are either weak, poorly
implemented, or both. Recent statistics show that Philippines is the
fourth largest importer of asbestos at 76.32 million dollars per year.
The current Philippine consumption level is more or less 0.1
kg/capita/year, a trend that as of 2001 was increasing.

‘The safety of white asbestos is a controversial topic in some parts of
the world, with chrysolite-exporting countries being the main
proponents that it is risk-free. However, the weight of scientific
evidence and historical experience tend to prove otherwise. In fact, the
World Health Organization (WHO) has adopted policies to provide
assistance particularly to Member States that still allow use of
chrysolite asbestos, in addition to assistance in relation to exposures
arising from historical use of all forms of asbestos. In the Philippines,
at the 11 National Occupational Safety and Health Congress
concluded last October 2008, it was resolved that there should be a
total ban on asbestos. This call is buttressed by the WHO which, in
collaboration with the International Labor Organization (ILO) and
other intergovernmental organizations and civil society, also resolved
to work with countries towards elimination of asbestos-related
diseases in the following strategic directions:

- recognizing that the most efficient way to eliminate asbestos-
related diseases is to stop the use of all types of asbestos;

- by providing information about solutions for replacing asbestos
with safer substitutes and developing economic and
technological mechanisms to stimulate its replacements;

- by taking measures to prevent exposure to asbestos in place
and during asbestos removal (abatement); and

- by improving early diagnosis, treatment, social and medical
rehabilitation of asbestos-related diseases and by establishing
registries of people with past and/or current exposures to
asbestos.

It is according to these strategic directions, and with the conviction
that the only practicable means by which the dire consequences
attributed directly to asbestos could be avoided in a significant way is
by an outright ban on all forms of this product, that the enactment of
sought. The protection of the health and safety of
workers and all Filipinos in all places, whether it is the workplace, the
home, or elsewhere, should be the primary concern and non-
negotiable consideration of this Congress as it passes upon and
approves this measure.

teh Q <n pita



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

SIXTEENTH CONGRESS
First Regular S

House Bill No,__ 4437

Introduced by AKBAYAN Representatives
Walden F, Bello and Ibarra M. Gutierrez IIL

AN ACT
BANNING THE IMPORTATION, MANUFACTURE, PROCESSING,
USE, OR DISTRIBUTION IN COMMERCE OF ASBESTOS AND
ASBESTOS-CONTAINING PRODUCTS

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

Section 1. Short Title. -- This Act shall be known as the “Asbestos Ban Act

of 2014.”

Section 2. Declaration of Policy. -- It is the policy of the state to promote
the general welfare of the people and to assure the rights of workers to just,
humane and healthful working conditions in all places of work, Pursuant to
this policy, this act shall ban the importation, manufacture, processing or
use of all types of asbestos and asbestos-containing products whether for
commercial or non-commercial purposes.

Section 3. Definition of Terms. - As used in this Act, the following terms
shall mean:

a. “Asbestos” means the fibrous form of mineral silicates belonging to rock-
forming minerals of the serpentine group, i.e. chrysotile (white asbestos),
and of the amphibole group, ie actinolite, amosite (brown asbestos,
cummingtonite-grunite) anthophyllite, crocidolite (blue asbestos), tremolite,
or any mixture containing one or more of these;

b. “Asbestos-containing product” means any product (including any part) to
which asbestos is deliberately or knowingly added or in which asbestos is
deliberately or knowingly used in any concentration;


c. “Asbestos dust” means airborne particles of asbestos or settled particles of
asbestos which are liable to become airborne in the working environment;

d. “Biopersistent durable fiber” means a silicate fiber that occurs naturally
in the environment; and is similar to asbestos in resistance to dissolution;
leaching; and other physical, chemical, or biological processes expected from
contact with lung cells and other cells and fluids in the human body.

‘The term “biopersistent durable fiber” includes richterite; winchite; erionite;
and non-asbestiform varieties of amosite, crocidolite, anthophyllite,
tremolite, and actinolite.

e. “Contaminant-asbestos product” means any product that contains
asbestos as a contaminant of any mineral or other substance, in any
concentration.

f, “Distribute in commerce” means an action taken with respect to an
asbestos-containing product in connection with the end use of the asbestos-
containing product by a person that is an end user; or distribution of an
asbestos-containing product by a person solely for the purpose of disposal of
the asbestos-containing product in compliance with applicable laws;

g. “Fiber” means an acicular single crystal or similarly clongated
polycrystalline aggregate particle with a length to width ratio of 3 to 1 or
greater; and

h, “Person” means any individual, corporation, company, association, firm,
partnership, joint venture, sole proprietorship, or other for-profit or
nonprofit business entity (including any manufacturer, importer,
distributor, or processor); or any government department, agency, or
instrumentality.

Section 4. Research and Reporting. - ‘The Department of Health shall
conduct a study and, not later than eighteen (18) months after the date of
enactment of this Act, submit to Congress, and government departments
and agencies, as appropriate, the following:

a. A report containing a description of the current state of the science
relating to the disease mechanisms and health effects of exposure to
asbestos and other biopersistent durable fibers; and methods for measuring
and analyzing asbestos;

b. Recommendations for proper medical surveillance of exposed workers,
including continuing monitoring after exposure has ceased, a national
registration system for exposed workers that is accessible or open to the
public and a national health service system for asbestos;


c. A description of the current status of labeling practices relating to
asbestos-containing material

d. A description of the current usage, handling and disposal of asbestos and
asbestos-containing products in Philippine industry and in construction;

e. Recommendations for the development of the framework for the
identification, management and removal of asbestos raw materials, installed
products and wastes.

f. Recommendations for the effective dissemination of information in the
education of all concerns with regard to health hazards due to exposure to
asbestos and to methods of prevention and control;

g. Recommendations for a national program on occupational safety and
health for the protection of workers;

h. Recommendations for the establishment of a compliance monitoring
program to enforce the provisions of this Act;

i. Recommendations for future asbestos-related disease research and
exposure assessment practice needs; and

j. Recommendations for the development of a reporting mechanism on the
presence of asbestos in buildings and in construction materials.

Section 5. Prohibition on Asbestos and Asbestos-containing Products. —
‘The importation, manufacture, processing, using, and distribution of any
and all asbestos and asbestos-containing products shall be prohibited;
Provided, that such ban shall be effective not later than two (2) years from
the date of effectivity of this Act.

As provided for in Section 15 hereof, the Secretary of Health shall
promulgate rules and regulations for the implementation of this ban;
Provided; that in no case shall it allow the two-year period mentioned in the
preceding paragraph be extended.

Section 6. Demolition of Buildings. - Demolition of buildings containing
asbestos, and removal of asbestos from buildings in which asbestos is liable
to become airborne, shall be undertaken only by employers or demolition
contractors as certified in accordance with existing laws and regulations.

No demolition shall be allowed without safety measures formulated by the
employer or contractor, The employer or contractor shall specify measures
to be taken, including measures to provide all necessary protection to the
workers, limit the release of asbestos dust into the air, and provide for the
disposal of waste containing asbestos. Workers involved in demolition shall
be subject to regular monitoring as to exposure to asbestos


‘The disposal of waste containing asbestos shall conform to safety standards
established in accordance with this Act and shall take into account the
health risk to the workers concerned, including to the population in the
vicinity of the building.

Section 7. Public Education and Safety Program. - Not later than one (1)
year after the date of enactment of this Act, the Secretary of Health, in
consultation with the Secretary of Trade and Industry and the Secretary of
Labor and Employment, shall establish a plan and implementing programs
and activities to:

a, Increase awareness of the dangers posed by asbestos-containing products
and contaminants in homes and workplaces; and asbestos-related diseases;

b. Ensure that work involving potential exposure to asbestos and asbestos-
containing products are carried out only by accredited employers or
contractors and whose workers have prior instruction or training regarding
health risks and work methods;

c. Provide information about safer asbestos substitutes, alternative
technologies and technical solutions and introduce incentives for conversion
to non-asbestos products and technologies;

d. Provide guidelines for safe use, handling, cleaning and maintenance of
protective clothing and equipment and management of asbestos-related
health risks in work processes;

e. Provide and update occupational exposure limits of asbestos, ¢.g.,
establish resources for determining the mineralogical form of asbestos and
for measuring and monitoring its concentration in the air, introduce
practical tools for assessment and management of the risk from potential
exposure;

{. Provide an effective system of inspection and enforcement of technical
standards and safety measures involving labor and working conditions,
building maintenance and construction, environment, public health,
accreditation and standardization;

g. Provide current and comprehensive information to asbestos-related
disease patients, family members of patients, and front-line health care
providers on the dangers of asbestos exposure; asbestos-related labeling
information; health effects of exposure to asbestos; symptoms of asbestos
exposure; and available and developing treatments for asbestos-related
diseases, including clinical trials;

h. Encourage asbestos-related disease patients, family members of patients,
and frontline health care providers to participate in research and treatment
endeavors relating to asbestos;


i, Encourage health care providers and researchers to provide to asbestos-
related disease patients and family members of patients information relating
to research, diagnostic, and clinical treatments relating to asbestos; and

j. Provide for the consideration of asbestos related diseases as under the
category of catastrophic illness and therefore eligible for additional
compensation and/or increased benefits under the PHIC and ECC.

In establishing the program, the Secretary of Health shall give priority to
asbestos-containing products and contaminant-asbestos products used by
consumers and workers that pose the greatest risk of injury to human
health.

Section 8. Research on Asbestos-related Diseases; Asbestos-related
Disease Registry; Registry of workers exposed to asbestos. - The
Secretary of Health shall expand, intensify, and coordinate programs for the
conduct and support of research on diseases caused by exposure to
asbestos, particularly mesothelioma, asbestosis, and pleural injuries.

Not later than one (1) year after the date of enactment of this Act, the
Secretary of Health shall establish a mechanism by which to obtain,
coordinate, and provide data and specimens from cancer registries; public
and private hospitals; and entities participating in the asbestos-related
disease research and treatment network in Section 10. The data and
specimens obtained shall form the basis for establishing a national
clearinghouse for data and specimens relating to asbestos-related diseases,
with a particular emphasis on mesothelioma.

‘A central registry of all workers exposed to asbestos, including past
exposures shall be established and maintained in coordination with
appropriate government agencies. The registry shall contain information
about the company, occupation, form of asbestos, level and duration of
exposure. The registry shall be accessible to the public and unions.

Section 9. Asbestos-Related Disease Research and Treatment Network.
- (a) For each fiscal year in the next five years from the effectivity of this , the
Secretary of Health, in collaboration with other applicable government
agencies and instrumentalities, shall establish and maintain an asbestos-
related disease research and treatment network (hereinafter, Network) to
support the detection, prevention, treatment, and cure of asbestos-related
diseases, with particular emphasis on malignant mesothelioma.

‘The Network shall include intramural research initiatives of the Department
of Health; and at least ten (10) extramural asbestos-related disease research
and treatment centers, as selected by the Secretary of Health in accordance
with the immediately succeeding paragraph.

(b) Extramural Asbestos-Related Disease Research and Treatment Centers. -
For each fiscal year during which the Network is operated and maintained,


the Secretary of Health shall select for inclusion in the Network not less
than ten (10) nonprofit hospitals, universities, or medical or research
institutions incorporated or organized in the Philippines that, as determined
by the Secretary of Health, have exemplary experience and qualifications in
research and treatment of asbestos-related diseases; access to an
appropriate population of patients with asbestos-related diseases; and are
geographically distributed throughout the Philippines, with special
consideration given to areas of high incidence of asbestos-related diseases.

(c) Requirements. - Each center selected under paragraph B above shall be
chosen by the Secretary of Health after competitive peer review; the conduct
of laboratory and clinical research, including clinical trials, relating to
mechanisms for effective therapeutic treatment of asbestos-related diseases;
carly detection and prevention of asbestos-elated diseases; palliation of
asbestos-related disease symptoms; and pain management with respect to
asbestos-related diseases; offer to asbestos-related disease patients travel
and lodging assistance as necessary to accommodate the maximum number
of patients practicable; and to serve a number of patients at the center
sufficient to conduct a meaningful clinical trial; coordinate the research and
treatment efforts of the center with other entities included in the Network.

A center selected by the Secretary of Health shall be included in the Network
for the one (1) year period beginning on the date of selection of the center; or
such longer period as the Secretary of Health determines to be appropriate.

(a) Grants. - The Secretary of Health shall provide to each center selected for
inclusion in the Network for the fiscal year a financial grant to support the
detection, prevention, treatment, and cure of asbestos-related diseases, with
particular emphasis on malignant mesothelioma.

Section 10. Inter-agency Technical Advisory Council.

(a) There is hereby created an inter-agency technical advisory council
attached to the Department of Health which shall be composed of the
Secretary of Health or his or her representative as chairperson and the
following officials or their duly authorized representatives as members:

(1) Secretary of Labor and Employment;

(2) Secretary of Environment and Natural Resources;

(3) Secretary of Trade and Industry;

(4) Secretary of Science and Technology;

(5) Secretary of Finance;

(6) Secretary of Interior and Local Government;

(7) Representative from Philippine Health Insurance Corporation;

(8) Representative from Employees’ Compensation Commission;

(9) Representative from the workers’ organized sector;

(10) Representative from a non-governmental organization on health and
safety;

(11) Representative from the employers’ sector; and


(12) Representative from the civil society.

‘The representatives from the private sector shall be appointed by the
President for a term of three (3) years.

(b) The council shall have the following functions:

(1) To assist the Department of Health in the formulation of the pertinent
rules and regulations for the effective implementation of this Act;

(2) To assist the Department of Health in the preparation and conduct of
the research and reporting, the public education and safety program and
other requirements that fall within the coverage of this Act; and

(3) To perform such other functions as the Secretary of Health may, from
time to time, require.

Section 11. Issuance of Cease and Desist Orders by the Department. ~
Immediately upon receipt of a report of violation of this Act, whether written
or verbal, the Department of Health shall conduct an ex parte examination
of the evidence presented. If a prima facie case is established, a Cease and
Desist Order (CDO) shall be issued by the Secretary of Health or the DOH
Regional Director, as the case may be.

Non-compliance with the CDO shall be ground for the imposition of
administrative sanctions. The issuance of the CDO shall be without
prejudice to the imposition of the appropriate administrative sanction, if so
warranted, after due notice and hearing.

Section 12. Citizen Suits. - For purposes of enforcing the provisions of this
Act or its implementing rules and regulations, any citizen may file an
appropriate civil, criminal, or administrative action, including one for
damages for any harm suffered as a result of a violation of any provision of
this Act, in the proper courts against:

(a) Any person who violates or fails to comply with the provisions of this
Act or its implementing rules and regulations;

(b) Any public officer who willfully or grossly neglects the performance of
an act especially required as a duty by this Act or its implementing
rules and regulations; or abuses his authority in the performance of
his duty; or, in any manner, improperly performs his duties under
this Act or its implementing rules and regulations: Provided, however,
‘That no suit can be filed until after thirty (30) days from notice given
to the concerned public officer and the alleged violator or violators,
and no appropriate action has been taken thereon.

The court shall exempt such action from the payment of filing fees, except
fees for actions not capable of pecuniary estimation, and shall, likewise,


upon prima facie showing of the non-enforcement or violation complained of,
exempt the plaintiff from the filing of an injunction bond for the issuance of
a preliminary injunction.

Within thirty (30) days, the court shall make a determination if the
complaint filed herein is malicious and baseless and shall accordingly
dismiss the action and award attorney’s fees and damages, as it may seem
appropriate.

Section 13. Independence of action. - The filing of an administrative suit
against any person or entity under the preceding section does not preclude
the right of any other person to file any criminal or civil action. Such civil
and/or criminal action shall proceed independently.

Section 14. Penal provisions. - Any person who violates the provisions of
this Act or its rules and regulations shall, upon conviction, be punished by a
penalty of six (2) months to two (2) years imprisonment or a fine of not less
than One Hundred Thousand Pesos (P100,000.00) nor more than One
Million Pesos (P1,000,000.00) or both. Should the offense be committed by a
juridical person, the Chairman of the Board of Directors, the president,
general manager, or the partners and/or the persons directly responsible
therefore, shall be penalized.

Section 15. Implementing Rules and Regulations. - The Secretary of
Health shall promulgate not later than six (6) months after the date of
enactment of this Act, rules and regulations for its implementation.

Section 16. Appropriations, - Such sums as may be necessary for the
initial implementation of this Act shall be taken from the current
appropriations of the Department of Health. Thereafter, the fund necessary
to carry out the provisions of this Act shall be included in the annual
General Appropriations Act.

Section 17. Repealing Clause. -- Any law, presidential decree or issuance,
executive order, presidential proclamation, rule and regulation or parts
thereof inconsistent with the provisions of this Act, are hereby repealed,
modified, or amended accordingly.

Section 18. Separability Clause. - If any provision of this Act or its
implementing rules and regulations is declared unconstitutional, the same
shall not affect the validity and effectivity of the other provisions thereof.

Section 19. Effectivity. - This Act shall take effect fifteen (15) days after its
publication in at least two newspapers of general circulation.

Approved,