By Richelle Dianne Patawaran on May 3, 2018

Since 1903, the Philippines has been celebrating Labor Day annually to recognize the contribution of workers to the economy, and to raise awareness about labor issues affecting the rights of Filipino workers. In honor of Labor Day, we take this opportunity to revisit recent policies issued by the Department of Labor and Employment (DoLE) addressing the occupational health and safety of workers.

The 1987 Constitution guarantees the rights of all workers to decent and humane conditions of work. This provides the basis for the DoLE to formulate policies and implement programs to safeguard the welfare of workers.

Last year, the DoLE, pursuant to the constitutional mandate to safeguard the worker’s physical safety and health, issued department orders addressing prolonged periods of work— specifically, the working conditions of workers who, by the nature of their work, have to spend long hours sitting, and, conversely, those who have to spend long hours standing or walking at work.

Studies have shown that prolonged sitting has long-term adverse effects to the health that cannot be undone by simply hitting the gym a few times a week, including poor circulation, muscle degeneration, and back pain. Obesity, heart disease, high blood pressure, diabetes and poor mental health have also been linked to sedentary behavior.

Desk-bound workers, however, have little choice on how they can perform their functions when their workstations are specifically designed for prolonged sitting, which is why the issuance of DoLE Department Order 184, Series of 2017 is a most welcome development. Under the said department order, employers are directed to implement measures to address the risks to the health and safety of workers who spend long hours sitting at work, such as those engaged in computer, clerical and administrative work, and those involved in highly mechanized establishments.

The prescribed measures include the implementation of regular five-minute breaks every two hours from sitting time. Employers are further directed to encourage workers to alternate sitting with standing and walking, ensure that the workstations of their employees are designed appropriately for the type of work, and even modify the workplace environment or work systems (for instance, by conducting standing meetings, or providing sit-stand or ergonomic work stations that enable mobility) when appropriate.

The DoLE also encourages employers to conduct awareness campaigns on the effects of a sedentary lifestyle, and organize health promotion activities that will allow workers to engage in physical activities after work, such as calisthenics and dance lessons, and conduct medical surveillance among workers who are at high risk of suffering the adverse effects of prolonged sedentary work.

The DoLE has also formulated a policy addressing the flip side of prolonged sitting—that is, prolonged standing or walking in the workplace. Certainly, most of us have expressed sympathy or even dismay at how sales associates at shopping malls have to spend long hours standing wearing the required high heels. There is a significant body of evidence on the adverse health effects of prolonged standing, with numerous studies linking it to leg stiffness, joint disorders, back pain, and even heart disease.

Department Order 178, Series of 2017, which covers retail or service employees, assembly line workers, teachers and security personnel, seeks to address risks to the health and safety of workers associated with prolonged standing. That department order directs employers to implement rest periods to cut the time spent on standing or walking, install appropriate flooring or mats that will mitigate the impact of frequent walking and that will minimize fatigue, provide tables or workers with adjustable heights to allow workers to alternately sit or stand while performing their tasks, and provide readily accessible seats during rest periods or during work hours (provided that workers can perform their duties without detriment to their efficiency).

The department order also directs employers to implement the use of practical and comfortable footwear, which should not pinch the feet or toes, provide adequate cushion and support to the arch of the feet, and which should not be higher than one inch and should have either flat or with low heels that must be wide-based or wedge type.

This is a long overdue development, especially for women workers. With this, women workers are no longer required to adhere to a dress code that could result in significant long-term damage to their feet, and may now choose to wear comfortable footwear at work. Employers seeking to project a more glamorous image must now balance this interest with their duty to ensure the welfare of their employees.

It should be stressed that the DoLE issued DO No. 178 following calls from various labor unions for the DoLE to formulate regulations banning employers from requiring women workers to wear high heels. These DoLE issuances should, thus, serve as a reminder of the power and the value of organized labor movements in achieving changes that benefit Filipino workers, both in massive and incremental ways.

#DOLE #workingconditions #healthandsafety #laborstandards #labor 

Richelle Dianne R. Patawaran is a senior associate of Mata-Perez, Tamayo & Francisco (MTF Counsel). She is a corporate, deal, litigation and labor lawyer. The contents of the above article are intended for general information purposes only and do not constitute legal advice. If you have any question or comment regarding this article, you may email the author at info@mtfcounsel.com or visit MTF Counsel’s website at www.mtfcounsel.com.

From the The Manila Times Website  May 3, 2018

http://www.manilatimes.net/dole-policies-on-health-and-safety/396490/