FIRST DISTRICT, Pampanga – Congressman Carmelo “Pogi” Lazatin, Jr. wants criminal penalties to be imposed on employers who will violate Occupational Safety and Health (OSH) Standards – amending Republic Act No. 11058, otherwise known as “An Act Strengthening Compliance with Occupational Safety and Health Standards and Providing Penalties for Violations Thereof.”
Currently, R.A. 11058 imposes a maximum of P100,000 administrative fine on an employer, contractor, or subcontractor who willfully fails or refuses to comply with OSH standards or with a duly-issued compliance order, and engages in acts to aid, conceal or facilitate such noncompliance.
Among the proposed amendments under Lazatin’s House Bill 9899 is the amendment of Section 28 of R.A. 11058 such that an employer, contractor, or subcontractor that willfully fails or refuses to comply with OSH standards or with a duly-issued compliance order, and engages in acts that exposes workers to grave and imminent danger, which may result in death, injury, serious illness or serious accidents shall be liable for a maximum of P200,000 administrative fine or imprisonment of not less than one year and one day, but not more than two years, or both, at the discretion of the court.
If any violation results in the death of an employee, the employer, contractor, or subcontractor shall be fined not less than P1,000,000 but not more than P3,000,000 for every resulting death or an imprisonment of not less than one year and one day but not for than five years, or both, at the discretion of the court.
HB 9899 also mandates Safety Officers to conduct health and safety inspections at least once every month, and issue a Work Stoppage Order and immediately implement stop-work measure when an imminent danger exists in the workplace.
“Occupational accidents, injuries, and deaths are tragic reflections of how safety and health standards in the country are often taken for granted and the welfare of workers is sacrificed in favor of economic gains,” Lazatin said.
“It is high time that the government adopt measures that criminalize grave and willful violations of occupational safety and health standards to reinforce compliance and protect the welfare of the worker,” he added.
The imposition of administrative fines under HB 9899 shall be without prejudice to the filing of a criminal or civil case in the appropriate court, as applicable.
“While administrative fines are essential to ensure immediate correction and compliance, penalizing grave and willful violations that expose workers to grave danger or result in injury or death strengthen deterrence and accountability,” he added.
According to the Department of Labor and Employment (DOLE), top violations of OSH standards include the lack of personal protective equipment (PPE) for workers, such as safety shoes, helmets, harnesses, gloves, and goggles; and the lack of designated OSHS personnel, such as safety officers and first aiders; no safety and health committee; no mandatory OSHS training for workers; and no copy of the construction safety and health program in the workplace.