Republic of the Philippines
YOUTH CONGRESS
Baguio City

INTRODUCED BY: VERONICA B. MAGTIBAY

EXPLANATORY NOTE
Workers who involved in hazardous, infectious and toxic wastes are facing high risk of exposures. Worse, they are less knowledgeable about the potential wastes that they encountered, and they have little prior in training: hence exposing them to further dangers that may deleteriously prejudice their safety and health.
Unfortunately, the government has not taken any concrete plan of action to at least minimize the risks these workers deal with. The policy of the state to protect and promote the right of to health the people, how come no program have been establish about this kind of situation.
The purpose of this Act is to appropriately take action. Basically, it seeks to protect the health and safety of these workers by providing them standards for worker protection, restricting them to entering into areas expose in potential wastes unless they are wearing specified protective clothing, and providing them technical assistance and guidance for health impact assessment. It provides periodic mandatory check-up and intervention, and adoption of concrete guidelines shall be implemented.
In view of the foregoing reason, the immediate approval of this bill is earnestly sought.

VERONICA B. MAGTIBAY

Republic of the Philippines

YOUTH CONGRESS

Baguio City

INTRODUCED BY: VERONICA B. MAGTIBAY

AN ACT
SEEKING TO PROTECT THE HEALTH AND SAFETY OF WORKERS EXPOSED IN HAZARDOUS, INFECTIOUS, OR TOXIC WASTES AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled
SECTION 1. Short Title. – This Act shall also be known as the “Occupational Health and Safety Act of 2007.”
SEC 2. Declaration of Policy. – It is hereby declared the policy of the state to protect and promote the right to health the people and to ensure that no individuals will be exposed to significant risk of harm. Toward this end, the Government and Department of Health, in coordination with the Department of Labor and Employment, and other appropriate and concerned agencies shall:
(a) ensure that the health and safety of workers are protected during their work;
(b) prevent from suffering on the effects of hazardous, infectious, toxic wastes;
(c) provide information that will prevent and control related disease;
(d) provide technical assistance and guidance for health impact assessment; and
(e) provide training that are knowledgeable and capable of handling the materials in a safe and diligent manner.
SEC 3. Statement of Objection. – Occupational Health and Safety Act of 2007 shall be implemented in accordance with the following objectives:
(a) to provide standard for worker protection;
(b) to restrict the workers to entering into areas expose in hazardous, infectious and toxic wastes, unless they are wearing specified protective clothing;
(c) to notify or post a sign to warn workers about the risk that they face during their work.
SEC 4. Definition of Term – The following terms used in this Act are defined as follows:
(A) “Worker” is defined as workers who exposed to hazardous, infectious and toxic wastes under operating conditions. Workers such as:
(a) agricultural workers;
(b) industrial workers;
(c) commercial workers;
(d) pesticide handlers;
(e) garbage collectors;
(f) dumpsite workers; and
(g) workers in disaster areas.
(B) “Exposure or Exposed” means that a worker is subjected to a hazardous, infectious and toxic wastes in course of work through any route of entry such as:
(a) inhalation;
(b) ingestion; and
(c) skin contact or absorption.
(C) “Risk” is assessed by the combined effect of the hazardous, infectious and toxic wastes. The characteristics of the risk that will effect to human health such as:
(a) Acute effect show up after a single, brief exposure to a potential wastes that cause skin irritation, headache and nausea.
(b) Chronic effects repeated or belonged exposures to potential wastes that cause liver and kidney disease, nerve and brain disorders and reproductive damage.
(c) Local effects when the potential wastes cause damage at the point of original contact such as skin exposure, eye exposure and respiratory tract exposure.
(d) Systematic effect substances that can pass through the point of original contact and effect of the body such as liver and kidney, central nervous system, and carcinogen and reproductive effects.
(D) “Potential Waste” is substances that are likely to enter the body aids in assessing to potential exposure such as:
(a) hazardous wastes;
(b) infectious wastes; and
(c) toxic wastes.
(E) “Hazardous Waste” is a waste that makes it potentially dangerous or harmful to human health. Hazardous waste includes:
(a) a petroleum-based product;
(b) a metal;
(c) a volatile or semi-volatile organic compound;
(d) a pesticide;
(e) a herbicide; and
(f) dangerously reactive.
(F) “Infectious Waste” means any organism that is capable of producing infection or infectious disease such as:
(a) bacteria;
(b) fungus;
(c) parasite;
(d) protozoan; and
(e) virus,
(G) “Toxic Wastes” is a waste contains substances determined to be harmful at or excess of the maximum concentration. Toxic waste includes:
(a) lead;
(b) arsenic; and
(c) mercury.
SEC 5. Provision of Personal Protective Equipment. – No workers may be allowed to continue with any of their respective activities, unless they are properly equipped with protective gloves and masks and other health and safety gears and proper protective equipment, such as but not limited to respirators to protect against airborne toxins, which may be required depending on the nature and extent of the risk where hazardous, infectious and toxic wastes are present.
SEC 6. Provision Pertaining to Containers. – All workers deployed in clean-up or collecting the potential wastes shall label each container as to content or concentration inside closed containers. Use of open garbage trucks is strictly prohibited.
SEC 7. Comprehensive Guidelines. – The Secretary of the Department of Health, in coordination with the Department of Labor and Employment , and other appropriate and concerned agencies shall come up with comprehensive guidelines, which shall be strictly observed by any workers deployed in areas, where presence of hazardous, infectious and toxic wastes shall be place them at greater risks.
Specifically, the guidelines adopted shall ensure that -
(A) worksites and areas where workers are to be sent are subject to a full assessment and identification of potential wastes through onsite evaluation and monitoring and identification of workers likely to be facing high risk of exposures.
(B) workers of all contributing agencies, whether government or private –
(a) are properly informed of the potential wastes they may face in their work;
(b) are provided proper training in handling potential wastes;
(c) are provided with the proper protective equipment, and guidelines and training for using them; and
(d) receive proper immunizations, where necessary and appropriate.
(C) these efforts are coordinated in close collaboration with local employers, unions and safety and health professionals.
SEC 8. Periodic Medical Check-up. – All individuals exposed to hazardous, infectious and toxic wastes shall undergo period mandatory medical check-up to ensure that their health and safety are not prejudiced by their activities. The proper government agencies or private corporations or entities who employ said individuals shall provide for the necessary fund to finance the cost of medical attention or intervention that may be needed.
SEC 9. Penalties. – Any person who violates any provisions of this Act shall be liable to payment of fines ranging from Two Hundred Thousand Pesos (P200,000.00) to Five Hundred Thousand Pesos (P500,000.00), including revocation of necessary license to operate as regards private entities.
SEC 10. Separability Clause. – If, for any reason or reasons, any part or provision of this Act shall be declared to be unconstitutional or invalid, other parts or provision hereof which are not affected thereby shall continue to be in full force and effect.
SEC 11. Repealing Clause. – All laws, orders, decrees, rules and regulations inconsistent with the provisions of this Act are hereby repealed, modified or amended accordingly.
SEC 12. Effectivity. – This Act shall take effect upon its approval.
Approved.

Labels: health