Secretary Rosalinda Baldoz of the Department of Labor and Employment (DOLE) on Tuesday ordered the closure of an area of the Ali Mall commercial center in Cubao, Quezon City, for denying inspectors access to its premises and records shortly after four workers drowned in the establishment’s septic tank last week.
Baldoz cited a report from DOLE-National Capital Region Director Alan Macaraya saying his team was prevented from inspecting the site of the Aug. 30 tragedy. Macaraya also reported that the mall’s noncompliance with safety standards may have caused the deaths.
But an official of the Quezon City government said the mall’s management committed no violation as far as the tank’s design was concerned and that the fault may lie with the workers’ employer, the Pasig City-based RCBC Plumbing Services.
Safe Building Division head Rodel Mesa said the septic tank, measuring 3.5 meters by 3.5 meters and with a depth of 10 feet, was “of normal design” and had two leaching chambers that drain the wastewater into the sewer line. Typically, a septic tank would only have one leaching chamber, he noted.
The tank services seven restaurants in the mall and its maintenance is being handled by a “third party contracted by Ali Mall and is outside the city’s jurisdiction,” he said, referring to RCBC.
But in a statement on Tuesday, Baldoz said: “The DOLE cannot close its eyes to the fact that four workers died while working inside a confined space. The management of Ali Mall should have allowed the DOLE inspector, Engineer Jose Viray, to inspect the premises and determine whether the company and the subcontractor have complied with health and safety standards.”
“But since the inspector was denied access, we have no recourse but to order work or operation stoppage in that unit or department of the mall,” she added in his directive to Macaraya.
In his report, Macaraya said that “based on initial assessments and without proof to the contrary, the noncompliance with the standards has cost the lives of the four workers. To date, no proof of compliance … is submitted.”
Macaraya directed Araneta Center Inc., Ali Mall management and RCBC to stop using the tank.
Plumber Romy Suarez, 50; his two sons Rommel and Rodel, both in their 20s; and their neighbor and coworker Marvin Aleman—all employees of RCBC—died Thursday morning after they got trapped inside the septic tank which they were then trying to unclog.
An investigation showed that Rodel first got into the tank and managed to unclog the system, but failed to get out as the thick wastewater quickly flowed in. The three others jumped into the tank to rescue him but also got trapped.
Ma. Teresita Cucueco, executive director of the Occupational Safety and Health Center, said the mall management could be held liable if found to have violated standards for work done in underground tanks and confined spaces.
“The area should be checked visually to ensure that the water level is safe and if water is present, a dry wooden platform should be available for use. The area should also be checked for explosive gases, fumes, vapors, oxygen content, and carbon monoxide if burning fuel is involved,” she said.
Also, “no worker is allowed entry to such workplaces unless there is a watcher who is familiar with the job, there is a breathing apparatus and other personal protective equipment available for use, and there is adequate means of ingress and egress,” Cucueco added.
Benjo Benavidez, assistant regional director of the DOLE-NCR, also reported that RCBC Plumbing Services may not be a licensed plumbing subcontractor since it does not appear in the DOLE registry.
“Our investigation also revealed that its official business address is a house, so it may not be legitimate,” he said.