THE PASSAGE of the Occupational Safety and Health Standards Law (OSH) that aims to add protection to workers against violations of OSH standards by employers is most welcome. This is good news for Filipino workers, especially for families of worker-victims of workplace accidents.
But the public should remain vigilant. We hope this new law will not remain only in paper but will concretely result in greater protection of workers’ occupational health and safety.
The Occupational Safety and Health Standards Law (OSH) law or Republic Act 11058 was signed into law on Aug. 17 after more than three years since it was first filed in Congress. It replaces the four-decade old law on OSH and among its salient provisions include mandatory inspection as well as stricter and higher monetary penalties for violations of occupational safety and health standards, especially those that resulted in death.
The Worker’s Safety and Health Inspection and Employers’ Liability Decree (Worker’s SHIELD) or House Bill 4635 was first proposed in the 16th Congress by Gabriela Women Party following heightened pressure from labor groups and nongovernment organizations such as the Institute for Occupational Health and Safety Development (IOHSAD), calling for justice of victims of successive workplace tragedies since Eton accident in 2011, to Novo Jean fire in 2012 and Kentex factory fire tragedy in 2015. At least 72 workers died in Kentex factory fire. In 2017, another workplace fire in a call center, SSI located in NCCC Mall in Davao City, killed 38 workers, 37 of whom were call center agents.
However, it is regrettable that the provision on criminal liability for those who violate OSH standards was not included in the law. It is very tragic and deeply lamentable that hundreds of workers have to die before a law creating greater protection for workers in passed. And yet, the provision that criminalizes violators of OSH standards that result in workers death was not included in the new law.
Nevertheless, the passage of this law is clearly a victory for the persistent struggle of workers for safer workplaces. And we must ensure that this new law is enforced to the fullest.
