SIXTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
) 
Second Regular Session 
) 
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'14 
JUL 10 P2 :12 
SENATE 
Senate Bill No. 2304 
INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA 
AN ACT 
ENSURING THE OCCUPATIONAL HEALTH, SAFETY AND WELFARE OF 
BUSINESS PROCESS OUTSOURCING (BPO) WORKERS AND OTHERS 
SIMILARLY EMPLOYED 
EXPLANATORY NOTE 
The 1987 Constitution mandates the State to "afford full protection to 
labor, local and overseas, organized and unorganized, and promote full 
employment and equality of employment opportunities for all." Likewise, labor 
shall be entitled to security of tenure, humane conditions of work, and a living 
wage. 
The Business Process Outsourcing (BPO) industry in the country has 
grown dramatically in the past several years, employing almost a million workers. 
In 2012, ITO-BPO in the Philippines generated more than $13 billion in revenues, 
an increase of $2 billion from the $11 billion in 2011. The Business Processing 
Association of the Philippines (BPAP) projects that revenues of the said industry 
will hit $13 billion in 2013 and have 926,000 full-time employees. The call center 
sector comprises 80% of the total BPO industry in the country. [Wikipedia] 
In light of the contribution of BPOs to the economy and the increasing 
number of BPO workers, this measure seeks to promote the occupational health 
and safety in the BPO industry by: (1) protecting the health and welfare of BPO 
workers through the formulation of OHS standards for BPO work; (2) creating 
OHS workplace representatives to monitor the work environment in BPO firms; 
(3) instituting guidelines for compliance to international OHS standards; (4) 
making employers criminally liable for acts endangering the welfare of BPO 
workers; and (5) providing mechanism for compensation for work-related injuries 
and illness. 
This measure is a counterpart of a bill filed by Congressmen Carlos Isagani 
Zarate and Neri Colmenares in the House of Representatives. The immediate 
passage of this bill is earnestly sought. 
GOY EJERCITO ESTRADA 
Senator 


SIXTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
) 
Second Regular Session 
) 
SENATE 
Senate Bill No. 2304 
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'14 JUl \0 P2:' 2 
INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA 
AN ACT 
ENSURING THE OCCUPATIONAL HEALTH, SAFETY AND WELFARE OF 
BUSINESS PROCESS OUTSOURCING (BPO) WORKERS AND OTHERS 
SIMILARLY EMPLOYED 
Be it enacted by the Senate and the House of Representatives of the Philippines 
in Congress assembled: 
1 
SECTION 1. Short Title. - This Act shall be known as the "BPO Workers' 
2 
Health and Safety Act of 2014". 
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SEC. 2. Declaration of Policy. - It is hereby declared the policy of the State to 
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secure the health, safety and welfare of the BPO or call center workers and 
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others similarly employed. The State must ensure safe and healthy work 
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environment for call center employees that protects them from injury and illness 
9 
and that is adapted to their physiological and psychological needs. The State 
10 
shall formulate and mandate progressively higher standards of occupational 
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health and safety to account for changes in technology and work practices. All 
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call centers operating in the country must adhere to the following principles of 
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health and safety protection for the mutual benefit of the employees and 
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employers: 
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a) The importance of health and safety requires that employees, other 
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persons at work and members of the public be given the highest level of 
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protection against risks to their health and safety that is reasonably 
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practicable in the circumstances; 
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b) Persons who control or manage matters that give rise or may give rise to 
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risks to health or safety are responsible for eliminating or reducing those 
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risks so far as is reasonably practicable; 
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c) Employers have a duty to secure the health, safety and welfare of 
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employees and third persons working at or near their workplace. This 
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general duty requires employers to actively prevent risks arising out of 
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their business activities and extends to protecting both employees and 
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independent contractors; 
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d) Employers and self-employed persons should be proactive and take all 
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reasonably practicable measures, to ensure health and safety at 
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workplaces and in the conduct of undertakings; 
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e) Employers and employees should exchange information and ideas about 
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risks to health and safety and measures that can be taken to eliminate or 
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reduce those risks; 
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f) Employees are entitled, and should be encouraged to be represented in 
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relation to health and safety issues. 
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SEC. 3. Definition of Terms. - For purposes of this Act, the following terms shall 
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be understood as follows: 
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a) Business Process Outsourcing (BPO) -
is defined as the delegation of 
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service-type business processes to a third-party service provider. It is 
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generally divided into the following sectors: contact centers, back office 
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services, data transcription, animation, software development, engineering 
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development and game development. Most BPO companies engage in 
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shift work to complete their 24-hour work cycle; 
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b) Call Center - also known as Contact Center, refers to a central customer 
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service operation where agents - customer care specialists or customer 
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service representatives -
handle business-related telephone calls and 
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other IT-related non-voice activities in behalf of a client; 
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c) Employer - includes any person or enterprise acting directly or indirectly in 
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the interest of an employer, in relation to an employee, and shall include 
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government-owned or controlled corporations and institutions, as well as 
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non-profit private institutions or organizations. Indirect employers or 
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contractors shall be considered "employers" in this Act; 
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d) Employee - shall mean any person hired, permitted or suffered to work by 
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an employer; 
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e) Health - shall connote a sound state of the body and mind of the worker 
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which enables him to perform his job normally, in a state of well-being; 
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f) Safe or Safety - shall refer to the physical or environmental conditions of 
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work or employment which substantially comply with the provisions of the 
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Standards; 
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g) Work Accident - shall mean an unplanned or unexpected occurrence that 
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mayor may not result in personal injury, property damage, work stoppage 
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or interference or any combination thereof, which arises out of and in the 
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course of employment; 
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h) Work Injury - shall mean any injury or occupational illness suffered by a 
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person, which arises out of or in the course of his employment; 
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i) Occupational Illness - shall mean any illness caused by environmental 
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factors, the exposure to which is characterized or peculiar to a particular 
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process, trade or occupation and to which an employee or worker is not 
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ordinarily subjected to or exposed outside of any away from such 
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employment; 
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j) Workplace - means the office, premises or work site, where the workers 
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are habitually employed and shall include the office or place where the 
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workers who have no fixed or definite work site, regularly report for 
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assignment in the course of their employment; 
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k) Approved - shall mean acceptable to the Secretary in writing after proper 
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examination showing compliance with prescribed Standards; 
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I) Code - shall mean the Labor Code P.O. 442 as amended; 
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m) Agencies -
shall mean government agencies mandated to monitor, 
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administer, promote and ensure health and safety regulations and 
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standards. These agencies are the Department of Labor and Employment, 
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Bureau of Working Conditions, Employees Compensation Commission 
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and Occupational Safety and Health Center; 
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n) Department - shall mean the Department of Labor and Employment; 
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0) Secretary - shall mean the Secretary of Labor and Employment; 
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p) Bureau - shall mean the Bureau of Working Conditions; 
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q) Director - shall the Director of the Bureau of Working Conditions; 
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r) Standards - shall mean the Occupational Safety and Health Standards 
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and regulations; 
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s) Enforcement Officer - shall mean the industrial safety engineer, the labor 
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regulation officer, or any duly authorized representatives of the Secretary 
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to enforce this Standards; 
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t) Authorized Representative -
shall mean and include chartered cities, 
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municipalities, employees or officials of other government agencies 
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empowered by the Secretary of Labor and Employment to enforce the 
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provisions of the Standards; 
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u) Workplace Occupational Health and Safety Representative - as defined in 
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Section 7 of this Act; 
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v) Registered Interested Party - shall mean any duly registered non-stock 
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non profit organization advocating occupational health and safety (OHS); 
42. 
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w) Shift Work - shall mean the employment practice designed to make use of 
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the 24 hours of the clock. Employees are given schedules which 
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correspond to a 24-hour work cycle. The term shift work includes both 
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long-term night shifts and work schedules in which employees change or 
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rotate shifts; 
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SEC. 4. Occupational Health and Safety Standards and Regulations for BPO 
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Workers. - Pursuant to its mandate, the Department of Labor and Employment is 
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tasked to establish Occupational Health and Safety Standards (Standards) for 
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BPO work. 
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The Standards shall adhere to the prevailing standards of health and 
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safety for BPO work and other similar employment. It is imperative that the 
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minimum provisions in the Standards meet the International Labor Organization's 
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1 
recommendations. Further provisions which the agencies and other concerned 
2 
parties deem appropriate for the protection of the workers in the local setting 
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should be included. The Standards should be reviewed annually by the agencies, 
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workplace OHS representatives and registered interested parties. 
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SEC. 5. The Nature of BPO Night-Shift Work. - Establishments engaged in shift 
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work to complete their 24-hour work cycle expose their employees to health and 
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security risks, thus night-shift work is considered hazardous in this Act. The 
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erratic schedule, repetitive work and artificial daytime environment which the 
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employees are subjected to cause undue physical and psychological stress on 
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BPO workers. 
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SEC. 6. Compliance of the Standards. - The Standards shall be strictly enforced 
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in all establishments operating in the country. Compliance to the provisions of the 
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Standards shall be mandatory. 
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SEC. 7. Guidelines for the Implementation of Standards. - The agencies and the 
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workplace OHS representatives shall regularly monitor the implementation of the 
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Standards. 
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a) The Department through its enforcement officers shall administer and 
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enforce the provisions of the Standards; 
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b) Every employer shall give to the Secretary or his duly authorized 
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representative access to its premises and records for the purpose of 
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determining compliance with the provisions of the Standards. 
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c) Every establishment or place of employment shall be inspected at least 
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once a year to determine compliance with the provisions of the Standards. 
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Special inspection visits, however, may be authorized by the Regional 
34 
Labor Office or as authorized under Rule 1980 of the Labor Code, to 
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investigate accidents, occupational illness or dangerous occurrences, 
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especially those resulting in permanent total disability or death, to conduct 
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surveys of working conditions requested by the Bureau for the purpose of 
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evaluating and assessing environmental contaminants and physical 
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conditions 
or to 
conduct investigations, 
inspections or follow-up 
40 
inspections upon request of an employer, worker or a labor union of the 
41 
establishment; 
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d) The enforcement officer shall determine reasonable periods of compliance 
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with recommendations depending on the gravity of the hazards needing 
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corrections or the period needed to come into compliance with the order; 
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e) In case the establishment fails to comply with Standards to the imminent 
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danger of the workers, the enforcement officer can immediately suspend 
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operations in order to prevent injuries pending compliance by the 
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establishment; 
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f) The workplace occupational health and safety committee shall have 
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monitoring rights and can also recommend and declare suspension of 
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operations in the event that the safety and welfare of workers are deemed 
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compromised as stated in Section 7B of this Act. 
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1 
SEC. 8. Workplace Occupational Health and Safety Officer. -
An OHS 
2 
representation is to be elected for the purposes of consultation and monitoring of 
3 
the Standards if at least one of the persons employed by the employer requests 
4 
the election of the representative. The employees may elect more than one OHS 
5 
representative upon approval by the Department. 
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A. Election of workplace OHS representative 
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1) A workplace OHS representative is to be elected by the workers 
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2) A person is 
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a) Only eligible to be elected as a workplace representative if he or 
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she is an employee, and 
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b) Not eligible to be elected as a health and safety representative if he 
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or she is disqualified under Section 56 from acting as a health and 
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safety representative; 
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3) All employees are entitled to vote in an election 
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4) The employees and the employers may determine how an election is 
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to be conducted but if they do not reach agreement within a 
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reasonable time, any employee may ask the Department to arrange for 
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an enforcement officer to: 
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a) Conduct the election; or 
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b) If the inspector considers it appropriate, appoint another person to 
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conduct the election. 
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5) An election must be conducted in accordance with the procedures (if 
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any) prescribed by the regulations. 
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6) If the number of candidates for election as a health and safety 
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representative equals the number of vacancies, the election need not 
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be conducted and each candidate is to be taken to have been elected 
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as a health and safety representative for the designated work group. 
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B. Functions of workplace OHS representative. An OHS committee or an 
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OHS representative has the following functions: 
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1) To keep under review the measures taken to ensure the heath, safety 
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and welfare of persons at the place of work; 
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2) To investigate any matter that may be a risk to health and safety at the 
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place of work; 
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3) To attempt to resolve the matter but if unable to do so, to request an 
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investigation by an inspector for that purpose, and 
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4) Such other functions as prescribed by the regulations. 
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The workplace OHS representative may file a petition for a time off with 
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pay to the enforcement officer. The time off may be for attending courses as 
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required by appropriate agencies and for conducting investigations on matters 
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relating to his duties as a workplace OHS representative. The enforcement 
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officer shall determine the amount of time off commensurate to the task being 
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performed. 
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C. Powers of the workplace OHS representative. A health and safety 
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representative may do any of the following: 
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1) Inspect any part of a workplace 
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a) At any time after giving reasonable notice to the employer 
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concerned or its representative; and 
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b) Immediately in the event of an incident or any situation involving an 
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immediate risk to the health or safety of any person; 
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2) Accompany an inspector during an inspection of a workplace at which 
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a member of the designated work group works; 
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3) Require the establishment of a health and safety committee to assist in 
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the monitoring if situation necessitates; 
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4) Under extra ordinary circumstances, the representative may give 
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notice to the employer and the enforcement officer for the suspension 
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of workplace operation if the welfare and safety of the employees are 
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at risk. The notice must be acted upon by the employer and the 
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enforcement within 24 hours so as to prevent endangering the lives of 
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the workers; and 
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5) Assist or submit in behalf of the injured and ill employee or his 
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beneficiaries in case of death, compensation claims to the Employees 
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Compensation Commission (ECC). 
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SEC. 9. Workplace Policy on Occupational Health and Safety. -
Each 
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establishment shall formulate their own occupational health and safety policy 
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which adheres to the Standards as defined in Section 4 of this Act. Any additional 
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safety measure deemed appropriate to the nature of the localized work 
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environment may be included pending approval by the Bureau. The policy must 
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be reviewed annually by the employers, the workplace OHS representatives and 
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the authorized representative. 
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All employees shall be informed of the OHS policy. Informational materials 
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such as posters, brochures and similar devices shall be distributed to the 
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employees free of charge. 
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SEC. 10. Health Program. - The company physician shall, in addition to his 
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duties stated in the Labor Code, develop and implement a comprehensive 
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occupational health program for the program for the benefit of the employees of 
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his employer. 
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SEC. 11. Health Insurance. - All employees are entitled to free full medical 
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examination upon entry and annually during his tenure of employment. The 
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establishment shall provide full health insurance to the employees, the coverage 
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of which shall be agreed upon by the company and its employees. 
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SEC. 12. Work-Related Injuries, Sickness and Death Compensation. -
All 
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employees and their dependents shall be also be compensated for injuries, 
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medical complications, illness, disability and death arising from and related to 
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their work in accordance to existing laws, labor policies, guidelines or circulars as 
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the case may be. The Employees Compensation Commission shall promptly 
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process any claims for/by injured, disabled, deceased employees or their 
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dependents. 
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• 
• 
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SEC. 13. Independent Contractors. Article 106 of the Labor Code expressly 
2 
prohibits the "labor only" contracting. 
Employers engaging independent 
3 
contractors to perform work on their behalf have a duty to minimize the health 
4 
and safety risks to the contractors' employees. This is because they are deemed 
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to be employees for the purposes of the Act; and because employers have a duty 
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to protect third parties at or near their workplace. A failure to maintain a safe 
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workplace for contractors' employees may constitute a contravention of the 
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employer's general duty under the Act. 
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SEC. 14. Penal Provision. 
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a) Unless otherwise provided in any Chapter or section in the Code, any 
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person or establishment who shall violate, disobey, refuse, or omit or 
15 
neglect to comply with any of the rules and regulations promulgated under 
16 
this Act shall have a criminal liability and upon conviction shall be 
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punished by imprisonment for a' period not exceeding six (6) years and a 
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fine not less than One Hundred Fifty Thousand Pesos (P150,000.OO) 
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depending upon the discretion of the court; 
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b) Any person who shall interfere with or hinder, or oppose any officer, agent 
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or member of the Department or of the bureaus and offices under it, in the 
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performance of his duty as such under this Code, or shall tear down, 
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mutilate, deface or alter any placard or notice, affixed to the premises in 
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the enforcement of the Code, shall be guilty of a misdemeanor and 
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punishable upon conviction by imprisonment for a exceeding six (6) 
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months and a fine not less than Fifty Thousand Pesos (P50,OOO.OO) and 
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not more than One Hundred Thousand Pesos (P100,OOO.OO) per day for 
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each day of violation depending upon the discretion of the court; 
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c) In case of injury, illness or death due to violation, disobedience, refusal, 
32 
omission or neglect to comply with Standards and regulations in this Act, 
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the employers andlor the establishment shall have a criminal liability and 
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shall be punished by imprisonment and penalties applicable under the 
35 
RA 3815 also known as the Revised Penal Code. 
36 . 
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SEC. 15. Separability Clause. - If any provision of this Act shall at any time be 
39 
found to be unconstitutional or invalid, the remainder thereof not affected by such 
40 
declaration shall remain in full force and effect. 
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SEC. 16. Repealing Clause. - All laws, decrees, rules or regulations inconsistent 
44 
with the proviSions of this Act are hereby repealed or modified accordingly. 
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SEC. 17. Effectivity Clause. - This Act shall take effect after fifteen (15) days 
48 
following its complete publication in two (2) newspapers of general circulation. 
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Approved, 
7