Sl t, ~~TE 
FIFTEENTH CONGRESS OF THE REPUBLIC 
) 
i)'l"fC'CE 'OF 'Mf SECRiirlA ill', 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
The Constitution, Article II, Section 15 provides: 
The State shall protect and promote the right to health of the people and 
instill health consciousness among them. 
Silicosis is a disabling, nonreversible and sometimes fatal lung disease caused by 
overexposure to respirable crystalline silica. Silica exposure remains a serious threat to workers. 
Silica is the second most common mineral in the earth's crust and is a major component of sand, 
rock, and mineral ores. Overexposure to dust that contains microscopic particles of crystalline 
silica can cause scar tissue to form in the lungs, which reduces the lungs' ability to extract 
oxygen from the air :-re breathe. The National Institute for Occupational Safety and Health 
(NIOSH) in the United States reported that each year more than 250 die from silicosis and 
hundreds more are disabled. 
There is no cure for the disease, but it is 100 percent preventable if employers, workers, 
and health professionals work together to reduce exposures. In addition to silicosis, inhalation of 
crystalline silica particles has been associated with other diseases, such as bronchitis and 
tuberculosis. Some studies also indicate an association with lung cancer. 
Controlling the exposure to silica may be done through engmeenng controls, 
administrative actions, and personal protective equipment. Engineering controls include such 
things as replacing silica with a material that does not contain crystalline silica, using local 
exhaust ventilation, using containment methods such as blast-cleaning machines and cabinets, 
and wet sawing,. or wet drilling of silica-containing materials. Administrative actions may 
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include limiting the worker's exposure hme and requiring workers to shower and change into 
clean clothes before leaving the worksite. Personal protective equipment may include wearing 
the proper respiratory protection to keep workers' exposure below the permissible exposure limit 
and the use of personal protective clothing. 
This bill seeks to address the health and safety concerns posed by silica exposure in the 
workplace. I 
I This bill was originally filed in the Fourteenth Congress, Second Regular Session 
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51:: 1\j ;~'r [ 
l 
FIFTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
) 
) 
) 
First Regular Session 
SENATE 
S. No. 1638 
Introduced by Senator Miriam Defensor Santiago 
I 
AN ACT 
~J':'ll'WCIE,<r),~ THE SEa~£IA>:'l\, 
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REGULATING THE USE OF SILICA IN THE WORKPLACE 
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Be it enacted by the Senate and the House of Representatives of the Philippines in 
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Congress assembled: 
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SECTION I. Short Title. - This Act shall be lmown as the "Silica Regulatory Act." 
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SECTION 2. Definition of terms. - As used in this Act, the term-
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(A) "Silica" refers to a white or colorless crystalline compound, Si02, occurnng 
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abundantly as quartz, sand, flint, agate, and many other minerals and used to manufacture 
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wide variety of materials, especially glass and concrete; 
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(El) "Department" means the Department of Labor and Employment; 
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SECTION 3. Requirements for a workplace involving silica. - an employer must observe 
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the following requirements ifhe uses silica in his place of business-
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(A) Employers are required to provide and assure the use of appropriate controls for 
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crystalline silica-containing dust. They must use all available engineering controls 
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such as blasting cabinets, water sprays, and local exhaust ventilation. Substitution of 
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less hazardous materials can also be used; 
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(B) Obtain technical bulletins that may provide additional health and safety information; 
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(C) For other operations where respirators maybe required, wear a respirator approved for 
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protection against crystalline silica-containing dust. Do not alter the respirator in any 
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way. Workers who use tight-fitting respirators cannot have beards/mustaches which 
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ihterfere with the respirator seal to the face; 
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(D) The employer must use type CE positive pressure abrasive blasting respirators for 
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sandblasting; 
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(E) The use of exhaust ventilation to prevent accumulation and recirculation of airborne 
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, contaminants is hereby required; 
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(F) It shall be unlawful to eat, drink, use tobacco products, or apply cosmetics in areas 
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where there is dust containing crystalline silica, 
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SECTION 4, Implementing Rules and Regulations,- The Department shall adopt the 
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Implementing Rules and Regulations for this Act which shall include the following: 
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(A) Adoption of administrative controls in the form of good work practices; 
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(B) Guidelines for the mandatory use of personal protective equipment and clothing 
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where necessary; 
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(C) Proper engineering controls to minimize the deleterious effects of silica, 
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SECTION 5, Penalties, - The Department is empowered to establish and assess penalties 
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or fines against an employer for violations of this Act or regulations adopted under this Act In 
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no circumstance will any penalties or fines exceed PI0,000,00 for each day the permit holder 
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remains in violation, 
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SECTION 6, Separability Clause, - If any provision, or part hereof is held invalid or 
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unconstitutional, the remainder of the law or the provision not otherwise affected shall remain 
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valid and subsisting, 
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SECTION 7, Repealing Clause, - Any law, presidential decree or issuance, executive 
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order, letter of instruction, administrative order, rule or regulation contrary to or inconsistent 
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with, the provisions of this Act is hereby repealed, modified, or amended accordingly, 
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SECTION 8, Effectivity Clause, - This Act shall take effect fifteen (15) days after its 
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publication in at least two (2) newspapers of general circulation, 
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Approved, 
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