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10 May 2011 09:03:32 AM
Writer: Isagani C. Yambot Jr., MRS-PRIB

A lawmaker wants the Secretary of the Department of Labor and Employment and his representatives to re-assume the power to
visit and inspect construction jobsites to ensure companies are complying with the law on occupational safety and health standards,
thus preventing deaths and injuries of workers in the workplace.

Rep. Raymond Palatino (Party-list, Kabataan) filed House Bill 4332 to rectify DOLE Department Order 57-04, which allows
companies with at least 200 employees or workers to conduct their own assessment of their compliance with occupational safety
and health standards.

According to Palatino, the Labor Code bestows upon the labor secretary and his representatives the power to administer and
enforce labor laws through visitation and inspection.

"This visitorial power allows the government to spot violations of labor standards in workplaces and act accordingly. However, the
Department of Labor (DOLE), these past years, has abandoned this power by delegating the task of assessment and inspection to
those with the inclination to violate labor standards themselves," Palatino said.

Palatino said DOLE's Department Order 57-04 allows companies with at least 200 employees or workers to conduct their own
assessment on their compliance with labor standards such as occupational safety and health concerns.

"The DO 57-04 is absurd for it has almost made irrelevant the government's power of ensuring compliance with labor standards,
particularly occupational safety and health in workplaces," Palatino said.

"It has effectively made these standards voluntary instead of mandatory. After all, which profit oriented company would subject itself
to liability in violation of labor standards?" Palatino asked.

He lamented that despite constant calls for the junking of DO 57-04, the labor department has persistently allowed such practice to
continue with flimsy excuses such as lack of manpower and labor inspectors.

Palatino said House Bill 4332 ensures compliance with labor standards especially occupational safety and health by amending
Articles 128 & 165 of Presidential Decree 442 or the Labor Code of the Philippines.

Palatino's bill strictly mandates the labor secretary and DOLE not to delegate their visitorial and enforcement power to employers
through modes of self-assessment and self-inspection.