business, contractors faces up to daily P100K fine for workplace
February 10, 2019
QUEZON CITY – A
more stringent workplace safety and health rules were issued last
week by the Department of Labor and Employment to avoid a recurrence
of serious workplace accidents that caused deaths and serious
injuries to workers.
For example, contractors
and business-owners whose offices, construction work sites and other
workplaces devoid of comfort rooms and whose employees are without
safety gear are facing up to P100,000 per day fine.
This is part of the new
Occupational Safety and Health (OSH) Law issued by the Department of
Labor and Employment that have taken effect this month, placing
stiffer penalties on erring employers and non-compliant business
owners to workplace safety and health standards.
According to workers’
group Trade Union Congress of the Philippines (TUCP), Republic Act
11058 otherwise known as An Act Strengthening Compliance With
Occupational Safety and Health Standards which President Duterte
enacted into law in November last year is an offshoot of tripartite
collaboration between government, employers and labor sectors in
improving compliance to workplace safety and health standards in the
light of preventable workplace fires and construction mishaps a few
years ago which killed and injured workers while at work.
“It’s painful to think
that scores of workers had to die and so many working people had to
be maimed to raise the level of compliance to workplace safety and
health standards. Let us not forget this law is built on workers
untimely deaths and injuries. We strongly hope there would be higher
compliance to safety standards and reduce workplace accidents and
mishaps with this new improvised workplace safety and health
standard and regulations,” said TUCP President Raymond Mendoza.
Mendoza said around 170
workers have died over the period of three years beginning May 2015
to May 2018 due to businesses and employers non-compliance to
workplace safety and health regulations and building fire safety
“Employers and businesses
basically wants to improve their profits by ignoring workplace
safety and health standards thereby risking and compromising the
health and safety of their employees. It’s always the workers who
were made to sacrifice due to non-compliance and poor enforcement of
regulations,” Mendoza said.
The Kentex rubber factory
fire incident in May 2015 which killed 74 workers and seriously
wounded several others, the HTI fire in Cavite economic zone, the
Holiday Inn fire, Resorts World fire and the series of construction
mishaps which killed many construction workers.
On February 2017, five
workers perished at HTI fire factory in Cavite, 38 fatalities,
mostly casino employees, were recovered after a gunman set Resorts
World Hotel rooms in Pasay City afire on June 2017. On December 23
the same year, 38 more workers were trapped to their deaths
following a fire the destroyed NCCC Mall in Davao City.
Five construction workers
were pinned to death after a substandard bunkhouse which they
sleeping in collapsed shortly after midnight on March 6, 2018. Two
weeks later, five casino employees were burned inside Manila
Pavillion Hotel fire.
Under DOLE Department
Order 198 otherwise known as the Implementing Rules and Regulations
of Republic Act 11058 entitled An Act Strengthening Compliance with
Occupational Safety and Health Standards and Providing Penalties for
Violations Thereof, the daily administrative fines are as follows:
The DO also states that
when the violation exposes the worker to death, serious injury or
serious illness, the imposable penalty shall be one hundred thousand
pesos (P100,000) a day, Should there two or more non-compliances,
all penalties shall be imposed provided that the total daily penalty
shall not exceed P100,000.