—Carlo E. Abarquez, Partner
—Trixie Carmela J. Gonzales, Associate

As Covid-19 continues to affect the lives of many, employers are challenged to innovate and rise above problems on workplace safety while meeting market demands and maintaining supply chains.

Although businesses are confronted with exceptional and imminent difficulties, employers are encouraged to look forward and think ahead. At a minimum, employers are implementing workplace policies in accordance with Philippine government regulations. It is in this light that the Department of Labor and Employment (“DOLE”) and Department of Trade and Industry (“DTI”) promulgated the Joint Memorandum Circular No. 20-04-A Series of 2020 (“Supplemental Guidelines”).

The most recent supplemental Guidelines contains the minimum occupational safety and health standards, which must be observed by all private entities regardless of economic activity.[1]  The relevant provisions are discussed below.

WHEN ARE THE EMPLOYERS REQUIRED TO PROVIDE SHUTTLE SERVICES TO THEIR EMPLOYEES?

Employers classified as large and medium sized private establishments (i.e. those with total assets[2] above PHP15M) are enjoined to provide shuttle services to their employees. All vehicle types, as long as not expressly prohibited by the Department of Transportation through an issuance, may be used for shuttle services.[3]

WHEN ARE THE EMPLOYERS REQUIRED TO DESIGNATE AN ISOLATION AREA IN THE WORKPLACE?

Employers classified as large and medium sized private establishments (i.e. those with total assets[4] above PHP15M) and establishments with multiple tenants are mandated to designate an isolation area of one room for every 200 employees, which shall be other than the company clinic, and must be situated near the entrance/s or in a nearby facility, for employees needing further assessment due to elevated temperature, presence of flu-like symptoms, any yes answer to the Health Declaration, or exposure history to a COVID-19 case or probable case thereof.[5]

WHAT IS THE RULE ON COVID-19 TESTING?

Employers are encouraged to collaborate with the national and/or local government testing efforts like drive-thru or walk-thru testing facilities and to regularly send their employees for testing once every quarter, at no cost to the employees.[6]

WHAT ARE THE MEDICAL SUPPLIES AND ASSISTANCE THAT EMPLOYERS SHOULD PROVIDE?

1. Employers are required to provide face masks, face shield, soap or sanitizers, and hand drying equipment or supplies in the workplace.[7]
2. Employers shall ensure that the employees, regardless of work arrangements, have access to telemedicine services, either through health maintenance organization, employer-initiated telemedicine services, or Barangay Health Center.[8]

WHAT ARE THE WORKPLACE SAFETY AND HEALTH PROGRAMS THAT EMPLOYERS SHOULD IMPLEMENT?

1. Employers shall provide their employees with psychosocial support, especially those presenting mental health concerns. If this is not available, a referral system to mental health specialists must be in place, either through establishing a network with an accredited health facility, through telemedicine services, or through the National Center for Mental Health Crisis Hotline.[9]
2. Employers shall establish Occupational Safety and Health Committees and/or safety officer to oversee implementation of protocols and facilitate webinars, virtual lectures and trainings on prevention and control of COVID-19.[10]  Employers shall also display signages/visual cues and reminders to practice proper handwashing and other hygiene behaviors among employees.
3. Employers shall arrange a work-from-home program for most-at-risk population (e.g. senior citizens, pregnant women, individuals with underlying health conditions) and employees below 21 years old[11].
4. Employers shall follow the restriction on mass gatherings, (i.e. only 10% of seating capacity for meeting rooms in high/moderate-risk areas (e.g. confined spaces) and a maximum of 50% seating capacity for low-risk areas (e.g. open areas)). Videoconferencing shall always be used for meetings needing large attendance of employees and/or for meetings lasting longer than 15 minutes.[12]
5. Employers shall adopt staggered meal schedules to further restrict contact among its employees. Eating alone in the workstation is highly encouraged.  Dining in canteens may be allowed provided that employees shall strictly comply with the physical distancing of at least one (1) meter and shall be prohibited from talking with each other.

WHAT ARE THE RULES ON DISINFECTION AND CLOSURE OF BUILDINGS OR WORKPLACES?

1. If one confirmed case of COVID-19 is detected in the workplace, the facility shall be disinfected with an appropriate disinfectant solution (0.5% bleach solution). The conduct of a comprehensive disinfection by specialists is recommended.[13]
2. The building must be locked down for 24 hours prior to disinfection to lessen transmission to sanitation personnel. During the disinfection process, all doors and windows should be opened to maximize ventilation. The building may only be opened 24 hours after the disinfection process.[14]

WHAT ARE THE MINIMUM PUBLIC HEALTH STANDARDS TO BE COMPLIED WITH AT ALL WORKPLACES?

1. Face mask must be won all the time;
2. Face shields[15] and face masks should always be worn together when interacting with colleagues, clients and/or visitors.
3. Physical distancing of at least one (1) meter or two (2) meters if possible.
4. Frequent disinfection such as handwashing with soap and water or application of alcohol-based disinfectants is mandatory.

MOVING FORWARD

While the changes in the workplace are probably going to be burdensome, employers are slowly adapting to government protocols to ensure continuance of business operations. As the world navigates through the Covid-19 pandemic, VAL Law ensures to update employers with regard to government regulations and guidelines on workplace health standards.

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[1] Supplemental Guidelines, I Coverage.

[2] Assets shall refer to total assets, inclusive of those arising from loans but exclusive of the land on which the particular business entity’s office, plant and equipment are situated. (Section 3, Republic Act 9501or the Magna Carta for MSMEs).

[3] Supplemental Guidelines, II.B. Workplace Safety and Health: Reducing Transmission of Covid-19.

[4] Assets shall refer to total assets, inclusive of those arising from loans but exclusive of the land on which the particular business entity’s office, plant and equipment are situated. (Section 3, Republic Act 9501or the Magna Carta for MSMEs).

[5] Supplemental Guidelines, III.C. Management of Asymptomatic and Symptomatic Employees in the Workplace: Isolation and Referral

[6] Supplemental Guidelines, III.D. Management of Asymptomatic and Symptomatic Employees in the Workplace: Covid-19 Testing

[7] Supplemental Guidelines, II.B. Workplace Safety and Health: Reducing Transmission of Covid-19.

[8] Supplemental Guidelines, III.C. Management of Asymptomatic and Symptomatic Employees in the Workplace: Remote Management of Cases and Close Contacts

[9] Supplemental Guidelines, II.A. Workplace Safety and Health: Increase Physical and Mental Resilience.

[10] Supplemental Guidelines, II.B. Workplace Safety and Health: Reducing Transmission of Covid-19.

[11] Supplemental Guidelines, II.C. Workplace Safety and Health: Reduce Contact.

[12] Id.

[13] Supplemental Guidelines, VI. Disinfection and Closure of Buildings/Workplaces.

[14] Id.

[15] Face shields may be removed according to the demands of the work or when occupational safety and health of the employee so requires.