Bus firm probed for possible labor violations

MANILA, Philippines – After losing its franchise following last Monday’s deadly accident, Don Mariano Transit could face more sanctions.

Labor Secretary Rosalinda Baldoz yesterday said the bus firm could face additional penalties if it is proven to have violated various labor regulations.

“We are already looking into the possible violations of labor regulations in relation to overtime work and wages. If found to have violated regulations on overtime work and wages, the bus company needs to indemnify their workers,” Baldoz said.

Under Labor Department Order No. 118-12 entitled, “Rules and Regulations Governing the Employment and Working Conditions of Drivers and Conductors in the Public Utility Bus Transport Industry,” bus drivers should not be allowed to drive beyond 12 hours.

“We are still determining if the driver prior to the accident had been working for more than 12 hours and could already be too sleepy to drive,” Baldoz said.

Based on initial information, Baldoz said the safety of the bus involved in the accident was at “high risk.”

Baldoz, however, said the aspect of the bus company’s operations is not under the jurisdiction of the Department of Labor and Employment (DOLE), which has no power to order the closure or suspension of the operations of Don Mariano.

DOLE earlier reported that Don Mariano has not renewed its Labor Standard Compliance Certificate (LSCC), which is required by the Land Transportation and Franchising Regulatory Board (LTFRB) before the issuance of a franchise.

Although the DOLE has issued a policy requiring bus companies to secure LSCC and comply with safety regulations, Baldoz said they cannot fully implement it because of a pending complaint before the Supreme Court.

The SC issued a status quo ante order in granting the appeal of bus operators questioning the DOLE’s move to implement a fixed salary for bus drivers and conductors, among others.

“Since there is a pending case against our regulation, only the LTFRB can implement the requirement of securing LSCC prior to the issuance of a franchise as provided under their regulations,” Baldoz said.

Baldoz said the DOLE has sent a team to Don Mariano Transit to check if the bus company is complying with labor standards.

“The team will submit a report of their assessment as soon as they complete the inspection,” she said.

Stricter policy needed

Presidential Communications Operations Office Secretary Herminio Coloma Jr. said the government is determined to rid the country’s roads of irresponsible bus drivers and operators by imposing stricter measures and seeking tougher laws from Congress.

Coloma said the LTFRB has suspended the operations of Don Mariano for 30 days while DOLE is monitoring compliance by bus operators of occupational health and safety standards.

Coloma said Department Order No. 118-12 also compels bus operators to secure an LSCC as a mandatory requirement before they could apply for or renew their franchise with the LTFRB.

He said the Aquino administration has always prioritized the safety of the riding public and would prevent irresponsible operators and reckless drivers from obtaining government permission to operate unsafe vehicles, placing the lives of commuters and motorists at risk.

The roadworthiness of public transportation is subject to regulation and the use of speed monitoring or limiting devices could also be discussed, he said.

For the long term, Coloma said the government is working on a road map to improve public transportation and to ease traffic congestion in Metro Manila.

Coloma said an intensified education or information campaign on safety could be done, like what happened when Commonwealth Avenue in Quezon City was described as “killer highway.”

He said the Metropolitan Manila Development Authority (MMDA) put up cameras to strictly enforce the 60 kilometer-per-hour speed limit along Commonwealth apart from engineering improvements.

Coloma said law enforcement and road engineering that involve the design of roads to avoid accidents and education on safety are important to promote safety.

At this time, Coloma said there was no need for the government to take over operations of public transportation because they could be more adequately addressed by the private sector “with proper regulation from the government to protect and promote the public interest.”

Coloma recalled that when he was connected with a bus company, there was an instrument called a “tachograph” or “tachometer,” which is like the black box of an airplane that could be used as monitoring and control device.

“And it will also be for the benefit of the bus operators because the compliance of their drivers with proper speed limits will also affect the fuel efficiency of their vehicles,” he said.

Coloma said it would be up to Congress to see what other laws could be passed to promote road safety and protect people’s lives.

He said video footage of the speeding Don Mariano bus could be used to determine what else could be done to ensure that people would be free from risks when riding public transport.

‘The root of these accidents’

Lawmakers, for their part, are pushing for the passage of a bill mandating fixed salaries for public utility bus drivers and conductors to prevent them from competing for fares.

Bayan Muna party-list Reps. Neri Colmenares and Carlos Zarate said it has almost become normal to hear media reports of traffic jams and vehicular accidents involving buses.

“Many accidents involve competing buses, each trying to outdo each other in getting more passengers. Sometimes, the accidents are caused by tired and sleepy drivers who are forced to work for more than 16 hours a day,” the lawmakers said in a statement.

“Poor working conditions and unfair boundary or commission-based systems are at the root of these accidents,” they said.

Colmenares said drivers and conductors are pushed to compete with other buses to get more passengers.

“They are often forced to man graveyard shifts, with some driving for almost 20 hours a day,” he said.

Colmenares cited the Metro Manila Accident Reporting and Analysis System (MMARAS) in its traffic accident report from January to December 2011 that recorded 6,940 bus accidents, or a daily average of 19 accidents involving passenger buses.

MMARAS recorded 34 fatalities and 6,095 accounted damage to property caused only by bus accidents.

According to the data, most fatal accidents occur during the noon and morning rush hours.

Zarate cited Robbie Torres, president of Autodelta Coach Builders and a bus operator, that the five common mistakes usually committed by drivers that cause accidents in the streets are speeding, tailgating, beating the red light, backing up without adequate guidelines, and reckless overtaking.

Quoting Torres, Zarate said every bus accident involved one of the five causes.

The lawmakers said in a majority of Metro Manila bus lines, drivers get a commission of nine percent from the gross collection while conductors receive seven percent.

The bus owners or operators are the ones who set the commission rate for drivers and conductors. Not meeting the quota for the day would deprive them of the coveted bonus or worse, half of the cost of the gasoline will be deducted from their collections and their commission would be computed based on the remaining amount, they said.

At present, most bus drivers and conductors work three to five days a week for eight to 16 hours, while relievers work less than three days a week. They work less than five days a week but almost without rest to the detriment of the passengers, the lawmakers said. –-Mayen Jaymalin (The Philippine Star) with Aurea Calica, Paolo Romero