‘OSHA to shield workers from Covid-19’

By Jovee Marie de la Cruz, Businessmirror, 11 May 2020

Leaders of the House of Representatives called on the national government to strictly implement the Republic Act (RA) 11058, or the Occupational Safety and Health Standards Act (OSHA), to protect workers when they return to work as businesses reopen.

Lawmakers also said the lower chamber is working on investments in minimum health standards as part of the coronavirus disease 2019 (Covid-19) economic recovery plan.

House Committee on Labor and Employment Chairman Eric Pineda of 1-Pacman said RA 11058 was passed to strengthen compliance with occupational safety and health standards of Filipino workers. RA 11058 was signed into law last August 17, 2018.

Earlier, BusinessMirror reported that senators are monitoring the progress of a bill set to be filed in the United States Congress granting “liability shield” which American businessmen are seeking as they reluctantly reopen for business.

However, Pineda said, “we don’t necessarily need a similar measure in the Philippines, as we have the RA 11058, or the OSHA.”

“The Philippines is different from the US. We cannot bring civil suits on just any grounds,” Pineda told the BusinessMirror.

According to Pineda, the Inter-Agency Task Force on Emerging Infection Diseases should consider RA 11058 in issuing guidelines for those conducting business under enhanced community quarantine and general community quarantine.

“As long as employers and employees follow these, then we can prevent the rapid spread of the virus,” he said.

Also, Pineda said it is the responsibility of the employer to ensure that the workplace is safe as required law.

“Also, we need to balance the interest of the employer and labor sectors. We all need to help each other in times like these. We cannot sacrifice the safety of our workers. It is likewise the responsibility of each individual to ensure that they themselves do not spread the virus,” he added.

Under the law, failure refusal of an employer, contractor or subcontractor to comply with the required occupational safety and health standards may be penalized up to P100,000 per day until corrective measures are put in place.

Recovery plan

For his part, House Committee on Ways and Means Chairman Joey Sarte Salceda said the proper role of the State is to protect all its citizens through minimum health standards.

“Social justice demands that the state should instead enhance the bargaining position of labor through training and education and through labor standards and working conditions, the rich have their lawyers and access to power,” he said. According to Salceda, this “liability shield” will only limit the liability or duty of the business owner to their workers.

“I do not believe something similar is necessary. First, the context is different. The American system is hyperlegalistic, such that everything is resolved by way of lawsuit. We do not share this characteristic,” Salceda told the BusinessMirror.

“Second, the Philippines business community has wisely taken the high road, and has actually stepped up with testing, providing protective equipment, and assisting workers by providing alternative arrangements. In other words, our business community, by and large, is not shying away from solidarity with their workers,” he added.

Meanwhile, Salceda said the economic cluster of the Defeat Covid-19 Committee of the lower chamber is now working on investments in minimum health standards as part of economic recovery plan against Covid-19. “What I think we should do is urgently provide the investments in frontliner protection and hazard pay so that workers exposed to the highest risk are also given the highest corresponding protection,” he said.

“It is bizarre, and borderline immoral, to confront a problem like worker risks and respond to it by limiting liability instead of just addressing the root of the problem directly,” he added.

House Committee on Labor and Employment Vice Chairman Michael Aglipay of DIWA party-list said the government is doing its best to protect both businesses and workers amid the pandemic.

“I have been listening to a lot of briefings lately on the committee on economic stimulus and monitoring the action of the executive department on the Covid-19. I can say with certainty that our government is doing is best given the limited funding,” he said.

“So I think the programs for business of the US cannot be applied at the same level here in the Philippines as what is happening in the US because funding issues. The government will put people first in front of business,” he added.