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SIXTEENTH CONGRESS =
First Regular Session
House Bill No,_2638

Introduced by TUCP Party-List Representative
Hon. Raymond Democrito C. Mendoza

EXPLANATORY NOTE

The International Association for Research on Cancer classified asbestos as one of
the highest cancer-hazard substances with no known safe level of exposure. Lung
cancer, mesothelioma and asbestosis are some fatal diseases attributed to exposure
to this substance. Asbestos diseases have a latency period of 10 to 40 years.

Asbestos is a danger to everyone because the fibers penetrate deep into the lungs
when inhaled. Workers are exposed and their families are at risk because of asbestos
brought home with clothes and protective equipment from work,

Most exposed workers are those in shipbuilding, ship repair, ship breaking, boiler
work, manufacturing of asbestos containing fibers and in building and construction ~
construction workers, plumbers, insulators, carpenters, pipe fitters, electricians, auto
workers, insulators and sheet metal workers ~ among other workers.

Workers’ families are also at risk because of asbestos brought home with clothes and
protective equipment from work. Asbestos poses danger not only to workers and
their families but also to the public exposed to houses, buildings, workplaces and
materials with asbestos. Despite its dangers, asbestos remains in use in the
Philippines.

More industrialized countries are banning the substance. Worldwide, 60 countries,
including those in the European Union, have banned the use of asbestos, in whole or
in part, In Asia-Pacific, South Korea, Japan and Australia have implemented a total
asbestos ban. And if industrialized countries cannot ‘control’ the risks of asbestos,
how are countries like the Philippines expected to do so?

The most efficient way to manage the risks and prevent asbestos diseases is to ban
the use of all types of asbestos and asbestos containing materials. To protect
workers and their families and the public against the hazards of asbestos, the
enactment of this bill is earnestly sought.

HON. RA} ID C. MENDOZA.
TuCP Party-List


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

‘SIXTEENTH CONGRESS
First Regular Session

House Bilt No.__ 2638

Introduced by TUCP Party-List Representative
Hon, Raymond Democritoc. Mendoza

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 “Ban Asbestos Act of 2010.”

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. -- For purposes of this Act, the term:

(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, i.eactinolite, 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 airborn 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 concentrat

(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
bya 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 elongated 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 in coordination
with concerned government departments 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,

(A) A report containing a description of the current state of the science relating to
thedisease 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;

(1) 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 andAsbestos-containing Products. - The
Secretary of Health, in coordination with the member agencies of the Inter-Agency
Technical Advisory Council, shall promulgate not later than one (1) year after the
date of enactment of this Act, proposed regulations that prohibit persons from
importing, manufacturing, processing, using or distributing in commerce asbestos-
containing products; and provide for implementation of paragraphs 8 TO J of Section
4, Not later than 2 years after the date of enactment of this Act, he or she shall also
issue final regulations that, effective beginning sixty (60) days after the date of
promulgation, prohibit persons from importing, manufacturing, processing, using or
distributing in commerce asbestos and asbestos-containing products.

Section 6.Exemptions. - Any person may petition the Secretary of Health for, and
the Secretary may grant, an exemption from the requirements set forth in the
preceding Section if the Secretary determines that the exemption would not result in
an unreasonable risk of injury to public health or the environment; and there is no
alternative to the asbestos-containing product that is the subject of the petition as
certified by the Secretary of Science and Technology.

An exemption granted under this Section shall be in effect for such period, not to
exceed one (1) year, and subject to such terms and conditions as the Secretary of
Health may prescribe.


‘The Secretary of Health shall provide an exemption from the requirements of Section
5, only to the extent necessary for the critical functions described in a certification
provided under subparagraph (A), if:

(A) The exemption for an asbestos-containing product is sought by the Secretary of
National Defense and the Secretary of Defense certifies, and provides a copy of that
certification to Congress, that the use of the asbestos-containing product is
necessary to the critical functions of the Department of National Defense;

(B) No reasonable alternatives to the asbestos-containing product exist for the
intended purpose;

(C) The use of the asbestos-containing product will not result in an unreasonable risk
to health or the environment; and

(D) The use of the product is in compliance with applicable laws and regulations.

A certification required under subparagraph (A) shall include a description of the
critical functions, and shall identify any authorized manufacturer, importer,
distributor, or contract-authorized user of the exemption on behalf of the
Department of National Defense.

A certification under this section shall not be effective for more than 3 years, unless
the Secretary of Defense recertifies within 3 years after a prior certification.

Except as provided in the next preceding paragraph, and not later than two (2) years
after the date of enactment of this Act, each person that possesses an asbestos-
containing product that is subject to the prohibition established under this Section
shall dispose of the asbestos-containing product, by a means that is in compliance
with applicable national and local requirements.

Nothing in paragraph this Section applies to an asbestos-containing product that is
no longer in the stream of commerce; or is in the possession of an end user; or
requires that an asbestos-containing product be removed or replaced.

Notwithstanding the aforementioned sections, a total ban on asbestos and asbestos
containing materials shall be in place three (3) years after the enactment of this law.

Section 7.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 8.Public Education and safety Program. - Not later than one (1) year
after the date ofenactment of this Act, the Secretary of Health, in consultation with
the Secretary of Environment and Natural Resources, the Secretary of Laborand
Employment and the Secretary of Trade and Industry 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, e.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;

(F) 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;

(1) 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

(3) 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 PHIC/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 9.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 or potentially 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 labor unions.

Section 10.Asbestos-related Disease Research and Treatment Network. - (A)
For each of fiscal years 2010 through 2014, 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 the
immediately succeeding paragraph.

(B) Extramural Asbestos-Related Disease Research and TreatmentCenters. - For
each fiscal year during which the Network is operated and maintained, the Secretary
Jot! Health shall csc tise: inctiee tn iris aisaa REE AH lis A a ca


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; early 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.

(D) Grants. ~ The Secretary of Health shall provide to each center selected for
inclusionin 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 11.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 National Defense;

(7) Secretary of Interior and Local Government;

(8) Representative fromPhilippine Health Insurance Corporation (PHIC);
(9) Representative from Employees’ Compensation Commission (ECC);
(10) Representative from the workers’ organized sector; and

(11) Representative from the employers’ sector.

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

(8) 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 12.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 13.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 14.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 15.Penalties. - Any violation of the provisions of this Act shall be punished
with a fine of not less than One Hundred Thousand Pesos (P100,000.00) nor more
than One Million Pesos (P1,000,000.00) or imprisonment of not less than three
months nor more than three years, or both such fine and imprisonment at the
discretion of the court. In addition to such penalty, any alien found guilty shall be
summarily deported upon completion of service of sentence.

If the violation is committed by a corporation, trust, firm, partnership, association or
any other entity, the penalty shall be imposed upon the officer or officers directly
responsible therefore.

Sectioni6.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.

Sectioni7.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 is declared
unconstitutional, the same shall not affect the validity and effectivity of the other
provisions hereof.

Section19.Effectivity. - This Act shall take effect fifteen (15) days after its
publication in at least two newspapers of general circulation.

Approved,