Demande directe (CEACR) - adoptée 2023, publiée 112ème session CIT (2024)

Philippines

Convention (n° 176) sur la sécurité et la santé dans les mines, 1995 (Ratification: 1998)
Convention (n° 187) sur le cadre promotionnel pour la sécurité et la santé au travail, 2006 (Ratification: 2019)

Previous comments: C.176 and C.187.

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine Conventions Nos 176 (OSH in mining) and 187 (promotional framework for OSH) in a single comment.

• General Provisions

Promotional Framework for Occupational Safety and Health Convention (No. 187)

Article 2(3) of the Convention. Measures that could be taken, in consultation with social partners, to ratify relevant occupational safety and health (OSH) Conventions of the ILO. The Committee notes the information provided by the Government that the Occupational Safety and Health Centre (OSHC) is currently undertaking a review of existing laws and regulations on OSH to evaluate compliance with the provisions of the Occupational Safety and Health Convention, 1981 (No. 155). The Committee requests the Government to continue to provide information on the outcome of the OSHC review and to indicate if any consultations have been conducted regarding measures that could be taken to ratify ILO OSH Conventions, including the Occupational Safety and Health Convention, 1981 (No. 155).

Article 3. Formulation of a national policy in consultation with the most representative organizations of employers and workers. The Committee notes that the Department of Health (DOH), with the Department of Labour and Employment (DOLE) and the Civil Service Commission (CSC) issued in April 2023 the Joint Administrative Order (JAO) No. 2023-0001 titled the “National Policy Framework on the Promotion of Healthy Workplaces” to guide the development and implementation of occupational health and safety interventions in both the private and public sectors. This framework replaces the 2017 “National Occupational Health and Safety Policy Framework”, and requires the development of a monitoring and evaluation plan. The Committee requests the Government to provide information on the measures taken or envisaged, in consultation with the most representative organizations of employers and workers, to ensure the implementation of the National Policy Framework on the Promotion of Healthy Workplaces, including its monitoring and evaluationplan.

Article 4(1). Periodic review of the national OSH system. Consultation with the most representative organizations of employers and workers. The Committee notes the information provided by the Government legislative proposals, and occupational safety and health-related regulations, made in consultation with the most representative organizations of employers and workers to enhance the national OSH system. The Committee further notes that pursuant to section 31 of the Republic Act No. 11058 of 17 August 2018, on Strengthening Compliance with Occupational Safety and Health Standards and Providing Penalties for Violations Thereof (Republic Act No. 11058), and section 31 of the Department Order No. 198, series of 2018, the DOLE has established the Intergovernmental Coordination and Cooperation Committee (IGC3) tasked with monitoring the effective implementation of the Republic Act No. 11058. The IGC3 is in the final stage of formalizing a Memorandum of Understanding (MoU) that aims to establish partnerships among member agencies and create health-enabling workplace environments. Further, the Government indicates that reviews of OSH national laws and regulations are conducted by the national tripartite advisory body on OSH through the Tripartite Industrial Peace Council (TIPC) and its sector-level and regional-level counterparts. The Committee requests the Government to provide information regarding the activities of the IGC3, including the formalization of the MoU.

Article 4(3)(h). Support mechanisms for progressive improvement of OSH conditions in microenterprises, small and medium-sized enterprises (SMEs) and the informal economy. The Committee notes that the DOLE has issued Labour Advisory No. 20, series of 2021 to facilitate the compliance of stand-alone micro healthcare and related facilities with Republic Act No. 11058 and reintroduced the Technical and Advisory Visit (TAV) program to provide the necessary knowledge and skills to ensure a safer and healthier working environment and enhance compliance with labour and OSH standards within micro-establishments. The Committee further notes that a working group was organized to review and amend section 12, chapter IV of DOLE Department Order No. 198, series of 2018, on the development of OSH programs in SMEs. The Government indicates that the working group is currently in the process of revisiting the list of requirements to develop a more apt core of applicable standards, and the corresponding penalties for violations based on the employment size (micro-, small, medium, and large establishments) and exposure to hazards (non-hazardous, hazardous, and highly hazardous work). The Committee requests the Government to provide information on the outcome of theworking group’s review.

Article 5. National OSH programme. The Committee notes the indication of the Government that currently, there is an ongoing initiative to formulate the country’s National OSH Strategy in collaboration with social partners, and with the support of the ILO. The Government further indicates that the formulation of an effective National OSH strategy, as guided by ILO Convention No. 187, is among the identified strategies in the Philippine Labour and Employment Plan (LEP) for 2023–28, specifically under Priority 2, which focuses on “Forging Labour Governance that Ensures Respect for all Fundamental Principles and Rights at Work, International Labour Standards, and Human Rights”.The Committee requests the Government to provide information on any progress made regarding the elaboration of the country’s National OSH Strategy and the consultations undertaken with social partners in this process.

• Protection in specific branches of activity

Safety and Health in Mines Convention (No. 176)

Article 7(a). Safe design and construction of mines and provision of electrical, mechanical and other equipment. Regarding coal mines, the Committee notes the responsibility of operators in coal mines to design, construct and provide coal mines with electrical, mechanical and other equipment under Rules 8(c) and 772 to 838 of the Circular No. DC2018-12-0028. Regarding the responsibility of employers in non-coal mines, the Committee notes the reference made by the Government to the provisions of section 5, Rules 21.13 and 21.20 of DENR Department Administrative Order No. 2000-98 on duties and responsibilities of employers and sections 150 and 151 of DENR Department Administrative Order No. 2010-21 regarding electrical/mechanical installations. The Government further refers to the obligation of employers to provide communication systems, including under section 11, Rule 39 of DENR Department Administrative Order No. 2000-98 and section 6 of DENR Administrative Order 2021–25, which stipulates that the contractor shall employ the information, communication technology and/or artificial intelligence technology as additional safeguards for real-time monitoring of the contractor’s implementation of its various work programs. The Committee takes note of the above information, which addresses its previous request.

Article 13(1)(a). The right of workers to report accidents, dangerous occurrences and hazards to the competent authority. Regarding coal mines, the Committee notes the worker’s right in coal mines under Rules 12(b)(i) of Circular No. DC2018-12-0028 to promptly report accidents, dangerous occurrences and hazards to his immediate supervisor and to the Bureau or its authorized representative. Regarding non-coal mines, the Government provides multiple references to related regulations, in particular, sections 7 and 28 of Republic Act No. 11058 which stipulates that it is the workers’ and their representatives’ right to report accidents, dangerous occurrences, and hazards to the employer, the DOLE and to other concerned competent government agencies, free from any form of retaliation for reporting any accident. The Committee takes note of this information, which addresses its previous request.

Article 13(2)(b)(i). Participation of the social partners in ensuring compliance. Regarding coal mines, the Committee notes the right of safety and health representatives in coal mines under Rules 13(b) of Circular No. DC2018-12-0028 to participate in inspections and investigations. Regarding non-coal mines, the Government indicates that section 6, Rule 24 of DENR Department Administrative Order No. 2000-98 states that employees’ representatives shall exercise their right to represent workers in all aspects of safety and health matters, including participating in safety and health inspections and investigations to be conducted by the employer and concerned government agencies at the workplace. In addition, Rule 28 of the same Order provides that the composition of the Central Safety and Health Committee of the mining/milling company includes the labour union members and/or employee representatives. In addition, section 6, Rule III of DOLE Department Order No. No. 238-23 of 2023 provides that social partners may also be authorized to participate in the conduct of labour inspection subject to the guidelines issued by the Secretary of Labour and Employment. The Committee takes note of the above information, which addresses its previous request.

Article 16. Penalties. Regarding coal mines, the Committee notes Rule 922 of Circular No. DC2018-12-0028 on penal provisions which provides enforcement measures and prescribes administrative fines and penalties for non-compliance with safety and health measures. Regarding non-coal mines, the Government refers to penalties established under specific mining regulations, including Rule 318 of DENR Department Administrative Order No. 1997-30 on small-scale mine safety rules and regulations and penal provisions under section 88, Rules 1208 and 1209 of DENR Department Administrative Order No. 2000-98 on Mine Safety and Health Standards. The Committee notes in particular that under section 22 of DOLE Department Order No. 198, series of 2018, an employer, project owner, contractor, or subcontractor, if any, and any person who manages, controls or supervises the work being undertaken shall be jointly and solidarily liable for compliance with occupational safety and health standards including the penalties imposed for violation thereof. In this respect, the Government refers to prohibited acts and their corresponding penalties listed under section 29, which stipulates that any wilful failure or refusal of an employer, contractor or subcontractor to comply with the OSH standards (…) or with a compliance order issued by the Secretary of Labour and Employment or his/her authorized representative shall be penalized of the administrative fines (…). The Committee requests the Government to provide information on the application of the prescribed penalties in practice.