Republic of the Philippines:
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
First Regutar Session

4606

House Bill No.

SE En

introduced by Representatives
DIOSDADO MACAPAGAL ARROYO and GLORIA MACAPAGAL ARROYO

AN ACT
TO PROTECT WORKERS AND THEIR FAMILIES FROM THE HAZARDS OF
WORKING IN AGRICULTURAL SITES

EXPLANATORY NOTE

Article Il, Section 16, of the 1987 Constitution expressly states that “The
State shall profect and advance the right of the people to @ balanced and
healthful ecology in accord with the rhythm and harmony of nature."

According to a study published by the Institute for Labor studies,
pesticides popular in the Philippines have been banned or severely restricted in
the United States. Further, farmers do not know the consequences of
mishandling these chemicals. Acute pesticide poisoning has been traced to
unsafe practices in the handling, storing and disposal of pesticides.

Organophosphate pesticides produce both short-term (acute poisoning)
and long-term (chronic) effects that affects various organs in addition to its
potential of causing abnormality in the genes, cancer, and reproductive ‘system.

This underscores the need for preventive programs to ensure farmers. safety and
heaith.

This bill establishes the measures that should be undertaken by farm
owners and/or operators to ensure the safety of their workers and their
respective families.


In view of the foregoing, expeditious passage of this bill is eamestly
recommended.

DIOSOADO PAGAL ARROYO GLORIA MACAPAGAL ARROYO
Second District, Camarines Sur Second District, Pampanga


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
First Regular Session

House gill No.__ 4606

Introduced by Representatives
DIOSDADO MACAPAGAL ARROYO and GLORIA MACAPAGAL ARROYO

—lW SSS

AN ACT
TO PROTECT WORKERS AND THEIR FAMILIES FROM THE HAZARDS OF
WORKING IN AGRICULTURAL SITES.

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

SECTION 1. Short Title. - This Act shall be known as the “Farm Workers'
Protection Act of 2011.”

SECTION 2. Requirements. — The following requirements shall be met at
any agricultural site to which pesticides have or will be applied. Farm owners or
operators shall:

A. Conduct or cause to have conducted mandatory testing for the
presence of organophosphate pesticides for all handlers of pesticides,
including applicators and mixers of pesticides. This testing shall be
conducted within one week of the arrival of such workers at the
agricultural site and within one week of the departure of such workers from
the site;

B. Provide personal protection equipment which has been fittested to all
individuals who are required or may be required to wear such equipment
in the course of their work, and which is readily available to any worker
needing to wear or use such equipment;


C. Provide education and information to farm workers and their families
about the hazards of exposure to pesticides, how to avoid such exposures
to chiktren, personal clothing and possessions, and what to do if pesticide
exposure or contamination occurs;

O. Report to the department of Agriculture every incident of pesticide
exposure to farm workers or their families, whether by direct exposure to
pesticide applications or from drift of pesticides from the application site
‘Such reporting shall occur within twenty-four hours of such pesticide
exposure and shall include the day and time of day the exposure occurred
and the pesticides to which the individuals were exposed;

£. Provide on-site washing machines for workers to clean pesticide-
contaminated cicthing, which are separate from clothes washing facilities
used by families, The farm owner or operator shall be responsible to
Provide instruction in the proper care of clathing contaminated with or
exposed to pesticides;

F. Provide one shower facility for every five workers, with separate
facilities for males and females, for the removal of pesticide residues and
other contaminants;

G. Provide one or more public telephones for workers to report medical
emergencies, including pesticide exposures or contamination; and

H. Ensure that all new housing for f m workers is located at least fifty feet
from any field or site, except for enclosed facilities such as greenhouses,
which may be treated with pesticides. Existing housing which does not
comply with this paragraph shall be replaced within five years or cease to
be used after that time.

SECTION 3. Penalty. — The Department of Agriculture is hereby
empowered to establish and assess penalties or fines against farm owners and
operators for violations of this Aci. In no circumstance will any penalty or fine
exceed One Hundred Thousand Pesos (P100,000.00).

SECTION 4. Annual Report. — The Department of Agriculture shail issue
an annual report of all farm inspections on or before March first to the legislature
for the previous calendar year, including compliance with the requirements
contained in this Act; enforcement actions, fines and penalties for non-
compliance resulting from such inspections; and pesticide exposure or
contamination reports submitted te the Department of Agriculture.

SECTION 5. Repealing Clause. — All laws, decrees, orders, rules and
regulations or parts thereof inconsistent with the provisions of this Act are hereby
repealed, amended or modified accordingly.


SECTION 6. Separability Clause. — Hf, for any reason, any provision of this
Act is declared to be unconstitutional or invalid, the other sections or provisions
hereof which are not affected thereby shalll continue to be in full force and effect.

SECTION 7. Effectivity Clause. — This Act shall take effect after fifteen
(18) days following its publication in the Official Gazette or in two (2) newspapers
of general circulation.

Approved,