HR1204 - Investigation on Occupational Safety and Health Standards
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Transcript of HR1204 - Investigation on Occupational Safety and Health Standards
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8/11/2019 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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