Employer of minor who died at Eton tragedy may face law on worst forms of child labor

A February 4, 2011 press release by the Department of Labor and Employment

The Department of Labor and Employment (DOLE) yesterday said the employer of 17-year old Kevin Mabunga, one of the 10 construction workers who died at the tragic accident which occurred at Eton Greenbelt Residences in Makati City last week, could be held liable if found violating the law on the elimination of the worst forms of child labor, otherwise known as RA 9231.

“The employer of Kevin would be liable, if found guilty, under Republic Act No. 9231, and not under RA No. 7610 as earlier reported,” DOLE spokesman and Labor Communications Office (LCO) director Nicon F. Fameronag said.

Fameronag said initial investigation of the DOLE indicated that Kevin was still a minor and, as provided for by RA No. 9231, should not be working at the Eton Greenbelt Residences construction site where he and nine other workers perished.

“RA No. 9231, which amended RA 7610 to provide for the elimination of the worst forms of child labor and afford stronger protection for the working children, prohibits the employment of youth below 18 years old in hazardous workplaces like construction sites,” he said.

He reiterated that on the directive of DOLE Secretary Rosalinda Dimapilis-Baldoz, the task force created to investigate the Eton tragedy is readying action plans on how to make concerned establishments and employers answerable, including raising public consciousness about occupational health and safety standards and general labor standards.

Section 12-D of RA 9231 specifies that no child shall be engaged in the worst forms of child labor, which refers to work which is hazardous and harmful to the health, safety or morals of children. This includes work  that it Is performed underground, underwater, or at dangerous heights; or work that exposes the child to physical danger ; or which requires the manual transport of heavy loads; or is performed in an unhealthy environment, thereby exposing the child to hazardous working conditions, elements, substances, extreme temperatures, noise, or vibrations.

The law states that any person who violates the abovementioned provision shall be penalized of a fine not less than P100,000 but not more than P1 million, or imprisonment, or both. The law also says that an establishment found to have violated the law shall be immediately closed if the violation resulted in the death, insanity, or serious physical injury of a child employed in such establishment.