Occupational safety and health standards bill approved at bicameral level

By Charmaine A. Tadalan
THE Occupational Safety and Health Standards (OSHS) bill was approved by the bicameral conference committee on Monday, May 21.
Under the bill, erring employers will face administrative penalties with a fine of up to P100,000 per day until the violation is corrected. A separate fine of up to P100,000 would be imposed on employers for noncompliance with the OSHS. The collected fine will be used to fund occupational safety and health initiatives.
Gabriela Rep. Arlene D. Brosas said this is an improvement from the current range of P1,000 to P10,000, but still leaves out criminal sanctions for employers.
“This means that the campaign for criminalization of violations will continue. We will definitely file a new bill supplementing the OSH bill once it is signed into law,” she said.
The Department of Labor and Employment (DoLE), meanwhile, may opt to give incentives to compliant employers.
The proposed bill covers “establishments, project sites, including Philippine Economic Zone Authority (PEZA), and all other places where work is being undertaken in all branches of economic activity, except in the public sector.”
Further, among the measures proposed is the workers’ right to refuse unsafe work and to report accidents to the employer as well as to the DoLE.
Employers will now be required to provide hazard-free workplaces, a job safety orientation, and information of the hazards associated with their work. Employees should also be supplied with drinking water in the workplace, separate sanitary and washing facilities for men and women and suitable living accommodations.
Workers will also be entitled to compensation benefits from work-related disability or death and a mandatory eight-hour safety and health seminar, required by the labor agency.
Critical occupations should undergo a mandatory competency assessment and certification from the Technical Education and Skills Development Authority (TESDA). This applies to jobs that require handling of tools and equipment, compromise safety, or a long period of education and training.
The bill also mandates the creation of a committee on occupational safety and health in the workplaces composed of the employer, safety officers, medical workers, and workers’ representatives.
The bicameral conference committee was led by labor committee chairs Senator Joel J. Villanueva and Rep. Randolph S. Ting. The bill is among the priority measures listed by the Legislative-Executive Development Advisory Council (LEDAC).
The bill was first filed in 2014, initiated by Gabriela, with Makabayan lawmakers, following workplace accidents at the time, including the Eton Residences tragedy in Makati and deaths in Hanjin shipyard in Subic.