NINETEENTH CONGRESS OF THE 
)
REPUBLIC OF THE PHILIPPINES 
)
First Regular Session 
)
SENATE
460
of tiir pfnrp
‘22 JUL13 AlO :06
RECEIVED
S. No.
Introduced by SENATOR 3INGGOY EJERCITO ESTRADA
AN ACT
PROVIDING FOR OCCUPATIONAL SAFETY AND HEALTH STANDARDS FOR 
THE WORKERS AND TALENTS IN THE MOVIE AND TELEVISION INDUSTRY
EXPLANATORY NOTE
Article II, Section 18 of the 1987 Constitution provides that, "The State affirms 
labor as a primary social economic force. It shall protect the rights of workers and 
promote their welfare."
Workers in the movie and television industry are protected under Presidential 
Decree No. 442 or the Labor Code of the Philippines. On April 2016, the Department 
of Labor and Employment issued Labor Advisory No. 04 Series of 2016 or the "Working 
Conditions in the Movie and Television Industry" which outlines the prescribed working 
conditions in the industry Including hours of work, waiting time, occupational safety 
and health, transportation, accommodation, minimum benefits, and social welfare 
benefits for the artists and talents In the Industry.
To complement this issuance. Republic Act No. 11058 entitled, "An Act 
Strengthening Compliance with Occupational Safety and Health Standards and 
Providing Penalties for Violations Thereof'was approved on August 17, 2018.


Despite these statutes, illness, accidents and even death continuously pose 
threat to the workers and talents in the industry. These unfortunate eventualities are 
results not only of physical risks and hazards, but also of precarious work schedule 
and other unfavorable factors brought by the production of television shows and 
movies. The death of the respected and multi-awarded actor, director and producer 
Eddie Garcia in 2019 brought to fore the need to revisit the prevailing conditions in 
the Industry and implement necessary measures to address them.
The "Eddie Garcia Z.jty/,rseeks to institute the Occupational Safety and Health 
(OSH) Standards and Regulations for Workers in the Movie and Television Industry 
through the Department of Labor and Employment (DOLE). This industry-specific 
standards takes into consideration the intricacies and dynamics of the Industry to make 
it more responsive to their needs and demands. It outlines the duties and 
responsibilities key parties in the production and provides compensation to work- 
related Injuries, sickness and death of all artists and talents.
In view of the foregoing, the immediate passage of this measure Is earnestly
sought.
NGGOY EJERCITO ESTRADA


NINETEENTH CONGRESS OF THE 
)
REPUBLIC OF THE PHILIPPINES 
)
First Regular Session 
)
of tl)? .Ttnvp
*22 JUL13 A10 *.06
SENATE
460
S. No.
RKCEiVED f»V;
Introduced by SENATOR JINGGOY EJERCITO ESTRADA
AN ACT
PROVIDING FOR OCCUPATIONAL SAFETY AND HEALTH STANDARDS FOR 
THE WORKERS AND TALENTS IN THE MOVIE AND TELEVISION INDUSTRY
Be it enacted by the Senate and House of Representative of the Philippines in Congress 
assembled:
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Section 1. Short Title. - This Act shall be known as the Eddie Garcia LaW.
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Sec. 2. Declaration of Policy. - The State affirms labor as a primary social and
3 
economic force, and that a safe and healthy workforce is an integral aspect of nation
4 
building.
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The State shall ensure that the provisions of the Labor Code of the Philippines,
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Republic Act No. 11058 entitled, "An Act Strengthening Compliance with Occupational
7 
Safety and Health Standards and Providing Penalties for Violations Thereof', all
8 
domestic laws, and internationally-recognized standards on occupational safety and
9 
health are being fully enforced and complied with.
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It Is hereby declared the policy of the State to secure the safety, health and
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welfare of the workers and talents in the television and movie industry. The State
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must ensure a safe and healthy work environment for said workers and talents that
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will protect them from death, Injury and illness. All producers of television shows and
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movies must adhere to the following principles of safety and health for the mutual
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benefit of the producers and workers:
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a) The importance of safety and health requires that producers, workers,
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and members of the public be given the highest level of protection


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against risks to their life, safety and health in reasonably practicable 
circumstances;
b) Producers have a duty to secure the safety, health, and welfare of the 
workers. This general duty requires producers to actively prevent risks 
arising out of their activities;
c) Producers, workers and talents should exchange Information and ideas 
about risks to life, safety, and health, and measures that can be taken 
to eliminate or reduce those risks;
d) Workers and talents should always be adequately represented in relation 
to safety and health issues.
Sec. 3. Definition of Terms. -■ As used in this Act, the term:
a) Movie and Television Industry shall include, but not limited to, movie 
and television network stations, production outfits, air-time contractors, 
and other necessary and related Industry activities and services;
b) Occupational Health shall refer to a sound state of the body and mind of 
the workers and talents which enables them to perform their job 
normally, in a state of well-being;
c) Producer s\\d\\ refer to the person, natural or juridical, who partially or 
wholly owns the film company that plans and coordinates various 
aspects of a show or film In the television or movie Industry such as 
funds, script, direction, editing, promotion, marketing, among others;
d) Production Safety Officer shall refer to the person trained by the 
Department of Labor and Employment (DOLE) on basic occupational 
safety and health;
e) Registered interested party shall mean any duly-registered non-stock, 
non-profit organization advocating occupational safety and health;
f) Regulation OfdcershaW refer to the duly authorized representative of the 
Secretary of DOLE to enforce the standards set forth in this Act and 
monitor the compliance of the producers to the same;
g) Safe or safety shall mean the condition of being protected from or 
unlikely to cause danger, risk, or Injury;


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h) Ta/e/?/-refers to an independent contractor or Individual who has unique
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skills, experience and talents or celebrity status and whose means and
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methods in the performance of his/her work Is outside the control of
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another or the hiring party, and his/her service or engagement contract
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is governed by the Civil Code provisions on contracts and other
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applicable laws, but in no case lower than the standards provided by the
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Labor Code, as amended;
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i) Workers shall refer collectively to all the persons involved in the
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production of a movie or a show which shall include, but not limited to,
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the following:
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i. Cast or the actors and actresses who appear in front of the
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camera or provide voices for characters in the film;
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ii. Crew or the people who work behind the camera including the
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directors, cameramen, editors, production 
assistants,
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teleprompter operators and editors, VTR staff and editors,
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newscasters and anchors, managers, reporters, news
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correspondents, photographers, videographers, 
engineering
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staff, wardrobe staff, make-up artists, prop makers and such
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other individuals whether employed in the network or production
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company regardless of the mode of compensation and length of
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service or engagement;
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iii. Talent as defined in this act.
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j) Workplace refers to the areas where work is being carried out or
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undertaken regardless of whether the same is done within the premises
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of the television network or production company or outside "on location"
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or "set".
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Sec. 4. Occupational Safety and Health (OSH) Standards and Regulations for
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Workers In the Movie and Television Industry. - The Department of Labor and
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Employment (DOLE) is hereby mandated to formulate Occupational Safety and Health
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Standards for Workers and Talents in the Movie and Television Industry, which shall
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be referred to as "Standards"


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The Standards shall adhere to the prevailing standards of safety and health as
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provided under the Labor Code of the Philippines, Republic Act No. 11058, the
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International Labour Organization (ILO) Guidelines on Occupational Safety and Health
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Management Systems (ILO-OSH 2001) and other relevant laws and International
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instruments. The Standards shall be reviewed annually by the DOLE, representatives
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from the movie and television industry, and registered interested parties.
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Sec. 5. Working Conditions in the Movie and Teievision Industry. - The
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following must be observed by the Industry:
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a) Hours of Work, The actual hours of work of a movie and television
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industry worker shall not exceed eight (8) hours in a day. If the worker
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is required to work beyond eight hours, the maximum actual hours of
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work shall not exceed twelve (12) hours In any 24-hour period.
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The norma! hours of work of elderly workers or those aged 60 years and
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above, shall not exceed eight (8) hours in a day. The hours of work of
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children In the industry must be in accordance with Republic Act No.
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9231 and its Implementing Rules and regulations or Department Order
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No. 65-04 issued by DOLE.
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b) Waiting Time. Waiting time spent by a worker shall be considered as
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working time If he/she Is required or engaged to wait.
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c) Occupational Safety and Health. The provisions of the Occupational
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Safety and Health Standards (OSHS) shall be observed In all workplaces
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to ensure safe and healthful working conditions for all workers.
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d) Transportation. Adequate transportation facilities to and from the
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"location" or "set" shall be provided to the workers. If no transportation
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is provided to the worker, any costs incurred by the worker shall be
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reimbursed by the producer.
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e) Accommodation. Safe, adequate and free lodging and/or
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accommodation shall be provided by the producer to the worker If work
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is "on location" or "set".
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f) Minimum Benefits. The pay and related benefits to the workers in the
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industry, regardless of the nature of engagement, shall not be lower


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than the minimum standards under the Labor Code, as amended, and
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other laws, rules and regulations.
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g) Social Welfare Benefits. Without prejudice to established policies of the
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producer, or collective bargaining agreement, or other applicable
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employment agreement, workers in the industry shall be covered by
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Pag-Ibig Fund, Philippine Health Insurance Corporation (PhilHealth),
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Social Security System (SSS), Employees' Compensation Program, and
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other related laws.
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Sec. 6. Guidelines for the Implementation of Standards. - DOLE, through its
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Regulation Officers, shall regularly monitor the implementation of the Standards.
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a) DOLE, through its Regulation Officers, shall administer and enforce the
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provisions of the Standards;
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b) Every producer shall give the Regulation Officers access to its premises
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and records for the purpose of determining compliance with the
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provisions of the Standards;
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c) The workplaces including shooting locations, premises, areas and sets
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where television shows and films are produced shall be inspected to
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determine compliance with the provisions of the Standards. Special
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inspection visits, however, may be authorized 
by the Regional 
Labor
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Office or as authorized under Rule 1980 of the Labor Code, to investigate
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accidents, occupational illnesses, or dangerous occurrences, especially
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those resulting In permanent total disability or death; to conduct surveys
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of working conditions requested by the Bureau of Working Conditions
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for the purpose of evaluating and assessing environment contaminants
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and physical conditions or to conduct investigations, inspections or
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follow-up inspections upon request of an employer, worker or a labor
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union of the establishment;
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d) The Regulation Officer shall determine reasonable period of compliance
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with the recommendations depending on the gravity of the hazards
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needing corrections or the period needed to come into compliance with
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the Standards; and.


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e) In case the producer fails to comply with the Standards to the imminent
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danger of the workers, the Regulation Officer can immediately suspend
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operations in order to prevent Injuries pending compliance by the
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production company or producer.
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Sec. 7. Duties and Responsibilities of the Producer. - It is hereby declared to
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be the duty of the producer of the movie or television show to:
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a) Comply with the laws, rules and regulations regarding occupational
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safety and health In every show and movie being produced, particularly
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the Standards as formulated under Section 4 of this Act;
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b) Promote safety and provide safe working conditions;
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c) Provide and maintain at all workplaces any first aid and medical supplies
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and services;
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d) Only engage workers who are appropriately trained to perform their
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jobs;
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e) Ensure all workers who may be affected by a potential hazard are made
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aware of the existence of the hazard to which they may be exposed in
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the course of production, as well as other safety and health concerns;
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f) Ensure all sets and locations have been properly assessed for any
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potential safety and health Issues and proper remedies and safeguards
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are Implemented to deal with any of these Issues;
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g) Ensure all environmental or structural hazards identified are addressed
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and corrected;
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h) Ensure the use of proper safeguards and means of personal protection,
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Including a careful check of all new and relocated equipment before it is
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placed In operation;
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i) Require that any necessary safety equipment and protective devices are
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being used or worn;
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j) Provide safety Information which should include, but may not be limited
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to emergency numbers of nearest hospital, fire station and similar
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establishments; emergency personnel in the workplace; and location of
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safety, fire and first aid equipment; and.


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k) Conduct a 2-5 minute meeting with all workers every start of the
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shooting day to define safety and health issues.
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Sec. 8. The Production Safety Officer and His Responsibiiities. - The producer
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is hereby mandated to engage the services of a Production Safety Officer to implement
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the Standards as provided for in Section 4 hereof for each and every television
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program or movie that it will produce.
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The responsibilities of the Production Safety Officer shall include, but not limited
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to, the following:
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a) Ensure the compliance to laws, rules and regulations regarding
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occupational safety and health in every movie and show being produced,
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particularly the Standards as formulated under Section 4 hereof;
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b) Conduct orientation and training of workers on occupational safety and
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health;
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c) Enforce safe work practices;
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d) Correct unsafe conditions;
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e) Prevent lingering unsafe or unhealthy conditions or hazards;
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f) Investigate workplace accidents; and,
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g) Promote quick return to work.
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Sec. 9. Powers of the Production Safety Officer. -- A Production Safety Officer
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has the power to:
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a) Inspect any part of the workplace prior to, during and after the conduct
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of a shooting or production;
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b) Inspect the workplace Immediately after an accident or any situation
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involving an Immediate risk to the health or safety of any person;
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c) Accompany the Regulation Officer during an inspection of a workplace;
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d) Give notice to the producer for the suspension of the shooting or related
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activities if the welfare and safety of the artists and workers are at risk.
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The notice must be Immediately acted upon by the producer to prevent
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endangering the lives of the workers.
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Sec. 10. Heaith Insurance. - The production company or producer shall provide
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full health insurance to the artists and workers, the minimum coverage of which shall
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be included In the Standards that shall be formulated under Section 4 of this Act.


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Sec. 11. Work-Related Injuries, Sickness and Death Compensation. - All artists 
and workers shall be compensated for Injuries, medical complications, illness, disability 
and death arising from and related to their work In accordance with existing laws, 
labor policies, guidelines or circular as the case may be. The producer, or its duly 
contracted insurance provider, shall be responsible for bearing the costs for the said 
compensation.
Sec. 12. Pena! Provision. ~ Any person or organization who shall violate, 
disobey, refuse, omit or neglect to comply with any of the rules and regulations 
promulgated under this Act shall have a criminal liability and upon conviction shall be 
punished by Imprisonment for a period not exceeding six (6) years and a fine not less 
than One Hundred Fifty Thousand Pesos (P150,000.00) depending upon the discretion 
of the court.
Sec. 13. Separability Clause. - If any part, section or provision of this Act is 
held invalid or unconstitutional, other provisions not affected thereby shall remain in 
full force and effect.
Sec. 14. Repealing Clause. - All laws, decrees, orders, rules and regulations or 
parts thereof Inconsistent with this Act are hereby repealed or amended accordingly.
Sec. 15. Effectivity. - This Act shall take effect fifteen (15) days after its 
publication in the Official Gazette or In two (2) newspapers of general circulation.
Approved,