Gabriela wants more teeth to PH’s occupational safety law

Gabriela Party-list Rep. Arlene Brosas.
INQUIRER FILE PHOTO / NIÑO JESUS ORBETA

MANILA, Philippines — A party-list group filed before the House of Representatives a bill that would strengthen the Occupational Safety and Health (OSH) Standards Law after 12 workers reportedly died in just six weeks as the country’s economic activities resumed.

According to Gabriela party-list Rep. Arlene Brosas and other lawmakers from the Makabayan bloc, the deaths and injuries that occur due to inadequate safety measures at work call for the amendment of Republic Act No. 11058 by providing more teeth to penalties.

If the bill is enacted into law, employers, contractors, or sub-contractors who willfully fail and refuse to comply with the OSH standards will now be penalized with a fine of up to P300,000 and with possible imprisonment of one to three years for the responsible official.

“Ano po ang gusto nating baguhin dito? Kung maaalala ko po, sa 18th Congress pa lang, isanama na natin na magkaroon sana ng penal provisions yung kaugnay sa [OSH] Law,” Brosas said in a briefing after the filing of the bill.

(What do we want to change here? If I remember correctly, just in the 18th Congress, we want to have penal provisions regarding the [OSH] Law.)

“Ngayon, inilalagay po natin dito sa ating amendatory bill yung mga provisions kaugnay ng ladderized penalties for OSH violations,” she added.

(Now, we placed the amendments in this bill, including provisions regarding ladderized penalties for OSHA violations.)

Aside from stiffer penalties, more items were included in the bill, like qualifiers that would determine when an employer fails to comply with the OSH standards:

• If employers do not comply with the directives from the Labor Secretary
• Neglecting the need to conduct mandatory training for workers like first aid, OSH
• Deliberate use of devices and equipment already deemed unsafe
• Not ensuring that workers have a sufficient personal protective equipment
• Not submitting a report to the Department of Labor and Employment within 24 hours since the occurrence of an accident
• Not providing enough information to workers about the dangers and risks
• Failure to secure a fire safety certificate

Under the bill, if the employer, contractor, or sub-contractor commits any of the gross violations that lead to injuries on the side of the worker, a fine of P300,000 to P500,000 or imprisonment of one year up to six years or both may be imposed.

But suppose the worker dies due to these gross violations. In that case, the employer, contractor, or sub-contractor will be punished for every resulting death, a fine of P1 million to P3 million, or imprisonment of six years to 12 years or both, depending on the court’s decision.

For violations committed by corporations, firms, associations, and other organizations, the penalty will be imposed upon the entity’s responsible officers “including the president, vice president, chief executive officer, general manager, managing director, or partner.”

Brosas said the bill seeks to prevent more deaths at workplaces. She also referred to the following incidents that happened between May 31 to July 15:

• Death of three workers last May 31 when the second floor of a building rented by E-ONE Consumers Trading Corporation collapsed
• Death of Stephen Corilla, a contractual worker at Universal Robina Corporation in Mandaue, Cebu, after he cleaned the pulverizer machine
• Death of two elevator maintenance workers while fixing the elevator of the Burgundy Corporate Tower in Makati City
• Death of six construction workers when a concrete wall next to their barracks in Tagaytay City collapsed

“Ang background naman po nito sa mga cases na napakarami natin na mga kaso, katulad ng 12 workplace deaths in just 6 weeks ang meron tayo. Kaya po ang panawagan natin ay safe workplaces now,” Brosas said.

(The background of this bill is the high number of cases of non-adherence with OSH standards, like the 12 workplace deaths in just 6 weeks. That’s why the call is safe workplaces now.)

The lawmaker admitted that passing their bill would not be easy because they expected stiff opposition from corporations and companies — just like when they advocated for the original version of R.A. No. 11058 in the 17th Congress and the amendments in the 18th Congress.

“Alam naman natin, kasi hindi rin naging madali para sa atin na ikampanya itong [OSH] Law eh, ‘di ba.  Kung maalala mo, matindi talaga ‘yong mga naging pag-uusap din d’yan sa mga committee hearings kaya inaasahan natin na hindi rin talaga ito magiging madali,” Brosas said.

(We know that passing the amendments would not be easy, just like how we campaigned for the OSH Law.  If I remember, the opposition to the law was really intense, leading to several discussions at the committee hearings. That’s why we also expect that this would not be easy.)

“Pero alam natin na mas susulong tayo kapag kinatigan naman natin ‘yong ating mga manggagawa at to be fair and to be just to them ay kailangan ho nating ipapasa ang mga batas […] ito po ay para sa kagalingan ng lahat,” she added.

(But we also know helping our workers would lead to progress because we need to be fair and just to them, so we are pushing for these bills. The goal is for the betterment of everyone.)

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Gabriela welcomes bicam approval of Occupational Safety Health bill 

JPV/abc