HR1204 - Investigation on Occupational Safety and Health Standards

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    Republic

    of the

    Philippines

    HOUSE OF REPRESENTATIVES

    Quezon

    City

    Sixteenth Congress

    First

    Regular Session

    HOUSE RESOLUTION NO.

    _ _2

    Q4

    Introduced by

    Gabriela Women's Party Reps. Luzviminda C Ilagan and Emmi A de Jesus,

    Bayan Muna Reps. Neri J Colmenares and Carlos lsagani T. Zarate,

    ACT Teachers' Party List Rep. Antonio L Tinio, Anakpawis Party List Rep. Fernando Hicap,

    and Kabataan Party List Rep. Terry L Riden

    A RESOLUTION

    CALLING ON THE COMMITTEE

    ON

    L BOR AND EMPLOYMENT TO CO DUCT AN

    INVESTIGATION, IN AID OF LEGISLATION, ON THE DEPARTMENT OF

    BOR

    AND

    EMPLOYMENT'S ENFORCEMENT AND ADMINISTRATION OF L BOR LAWS,

    INCLUDING,

    BUT

    NOT LIMITED TO, THE OCCUPATIONAL SAFETY A D

    HE L

    TH

    STANDARDS, IN LIGHT OF THE DEATH OF EIGHT (8) FEMALE WORKERS TRAPPED

    IN

    A BURNING BUILDING ON MAY 30, 2014

    IN

    PASAY CITY

    WHEREAS, eight (8) women working for Asia Metro Tech, Inc., an

    el

    ic gadgets

    sweatshop, died after a fire engulfed the building where they work and stay ?a say City on

    May 30, 2014. They failed to escape the burning building as the only door serves as

    exit was padlocked by their employer. Media interviews with survivors revealed

    at

    other

    workers escaped the fire only by destroying the iron grills and air-conditioni ent on the

    second floor;

    WHEREAS, this tragedy brought to light the continued lack

    of

    compliance of many

    companies to the Occupational Safety and Health Standards (Standards) set by the

    Department of Labor and Employment (DOLE);

    WHEREAS, promulgated in 1978, the objective of the Standards is

    to

    protect every

    workingman against the dangers of injury, sickness or death through safe and healthful

    working conditions, thereby assuring the conservation of valuable manpower resources and

    the prevention of loss or damage to lives and properties, consistent with national

    development goals and with the State's commitment for the total development of every

    worker as a complete human being ;

    WHEREAS, DOLE is tasked with the administration and enforcement of the provisions of the

    Standards. Among its duties and responsibilities as provided in Rule 1003.01 is the

    inspection of every establishment or place of employment at least once a year to determine

    their compliance with the Standards' provisions;

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    WHEREAS one of the rules of the Standards violated by the Asia Metro Tech Inc. was Rule

    1943.03, which states that at least two exits shall be provided in every floor and basement

    of every workplace capable

    of

    clearing the work area in five (5) minutes . The discovery

    of

    this violation by DOLE as per its duty under Rule 1003.01 could have prevented the death,

    or at the very least, minimize the casualties and injuries during the fire;

    WHEREAS

    media reports also revealed that Asia Metro Tech Inc. violated a number of

    workers' rights. According to the workers, they were padlocked inside their rooms and were

    not allowed to go out after work hours. They were allowed only three (3) days off every year

    or once every four months. One survivor revealed to the media that they receive a measly

    sum of PhP3,300.00 per month. These are in obvious violation

    of

    e Conditions

    of

    Employment set under the Labor Code of the Philippines, including but

    J mited

    to, Article

    83 or the prescription on normal hours

    of

    work; Article

    91

    or the right to wee

    y

    rest day, and;

    Article 99 or the provision on minimum wage;

    WHEREAS

    the death of 8 workers on May 30 was only the most rece - e long

    l i s tv

    accidents in the workplace all over the count . Some

    of

    the major cases o violations

    of

    workers' occupational health and safety accordin to the Institute for Oc:cupa anal Health

    Safety and Development (IOHSAD) include the Novo ns and Shirts Company fire wl}ii.

    killed 17 stay-in workers in Butuan City in May 2011; the Eton

    wers ..accident

    :KafCity

    in January 2011 which left ten (10) dead; the Keppel Subic Shipyard accident in 2011

    wherein five (5) workers died, and; the SPC Malaya Power Corporation acciden in 2013

    which killed five (5) workers;

    WHEREAS

    according to IOHSAD, 126 workers died in work-related a - ts in the

    Philippines in 2011;

    WHEREAS the Philippines is among the world's worst countries for workers.

    score of 5 in the 2014 Global Rights Index, a qualitative surveyed informatio

    the International Trade Union Confederation which ranks countries from 1 (best o 5 st)

    based on 97 workers' rights'. The ITUC Global Rights Index covers vi

    oatio

    s in 139

    countries recorded from April 2013 to March 2014. According to the ITUC, co 1ries with

    the rating of 5 have laws that cover rights workers but are not effectively access-ble, which

    expose laborers to autocratic regimes and unfair labor practices ;

    WHEREAS Article 162, Chapter 2, Title 1 of Book Four of the Labor Code states that

    The Secretary

    of

    Labor and Employment shall by appropriate orders set and enforce

    mandatory occupational safety and health standards to eliminate or reduce occupational

    safety and health hazards in all workplaces and institute new and update existing programs

    to ensure safe and healthful working conditions in all places

    of

    employment Likewise,

    Article 165 of the same states that the DOLE shall be solely responsib e for the

    administration and enforcement

    of

    occupational safety and health laws, regulations and

    standards in all establishments and workplaces wherever they may be located.

    WHEREAS occupational safety and health is a basic right of all workers. Article 3 or the

    Declaration of Policy of the Labor o e states that The State shall afford protection to

    labor, promote full employment, ensure equal work opportunities regardless of sex, race

    creed, and regulate the relations between workers and employers. The State shall assure

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