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CONSTRUCTION OCCUPATIONAL SAFETY AND HEALTH

OSH LEGISLATION, OSH SITUATIONER AND DO 13


CONSTRUCTION OCCUPATIONAL SAFETY and HEALTH
Please Smoke Only in Please switch off
Designated Areas your mobile phone

Emergency Exits Restrooms Clinic/


First Aid
BASIC OCCUPATIONAL SAFETY and HEALTH

Time Keeper
Please Smoke Only in Please switch off
Designated Areas your mobile phone

• Watch Time of Breaks


• Watch Time
Emergency Exits
of Participants
Restrooms
(Late
Clinic/
Comers) First Aid

• Watch the Duration of Trainings


OCCUPATIONAL SAFETY & HEALTH
SITUATION, STANDARDS AND DO 13
OCCUPATIONAL SAFETY & HEALTH SITUATION,
LEGISLATION, ADMINISTRATION & ENFORCEMENT

http://www.oshc.dole.gov.ph/
http://www.bwc.dole.gov.ph/
http://ecc.gov.ph/
Progress of Safety Movement and OSH Legislations in the
Philippines
The first period is characterized by the adoption of a reactive policies:
1903 – Development of OSH in the Philippines
1908 – Employer’s Liability Act was instituted requiring
employers to compensate workers who were injured while
performing their job
1908 – DOLE started as a small Bureau.
1927 – Workmen’s Compensation Act No. 3428 was passed w/c
provided payment of damages by the employer for illnesses, in
addition to injury or death due to employment
1933 – DOLE became a Department on
Dec. 8, 1933
Progress of Safety Movement and OSH Legislations in the
Philippines

The second period is characterized by the adoption of proactive


measures/policies
1974 – PD 442 (LCP) was passed.
1975 – Started the program on accreditation for safety training organization to
conduct OSH training
1977 – Tripartite body was created to study the proposed OSHS
1978 – OSHS was approved. National Tripartite Committee was created to study
the improvement of the OSHS
1984 – Tripartite consultation was held to amend OSHS Rule 1410 was amended
1988 – OSHC was inaugurated, created per EO 307 (the first in Southeast Asia)
Progress of Safety Movement and OSH Legislations in the
Philippines

The second period is characterized by the adoption of proactive


measures/policies
1989 – Major amendments of OSHS took place.
1998 – Tripartite Council on OSH in Construction Industry was created.
1998 – Department Order No. 13 (Implementing Guidelines in the
Implementation of OSH in Construction Industry) was issued.
1998 – Memorandum Circular No .02 – Guidelines for Classifying Hazardous &
Non – Hazardous Workplaces.
2000 – MC No.01–Guidelines for the Conduct of Work
Environment Assessment (WEA)
Legal Basis of the
Occupational Safety & Health Standards

 Article 162, Chapter II:


Safety & Health Standards:
The Secretary of Labor shall, by appropriate
orders, set and enforce mandatory Occupational
Safety and Health Standards to eliminate or
reduce occupational safety and health hazards in
all workplaces and institute new, and update
existing programs to ensure safe and healthful
working conditions in all places of employment.
Republic Act 11058 – an Act Strengthening Compliance on Occupational Safety and Health
OSH LEGISLATIONS

Occupational Safety and Health


Book IV, Title I – Medical, Standards, (OSHS)
Dental and Occupational *Rules and Regulations Implementing
Safety Art. 162, Title I, PD 442, Passed in
1978
Occupational Safety & Health Standards

• A set of 28 mandatory rules on OSH (about 10 are highly technical) which codifies
all safety orders issued prior to its promulgation.
• TYPES OF RULES: a) Administrative, b) Technical, c) Medical
• Patterned after the Standards of other developed countries
• The 1st amendments was approved on August 1989 by Sec. Ruben
Torres.
• Enforcement of the Standards is through the 16 regional offices of the DOLE
in the different parts of the country
• The BWC exercises technical supervision over enforcement of the Standards.
• OBJECTIVES: Protection of workers against the dangers of injury sickness or
death
• SCOPE: All places of employment except land, sea and air transportation. Safety
in mines is not covered by the Standards.
Occupational Safety & Health Standards
1000: General Provisions
1001: Purpose & Scope
1005: Duties of Employers, Workers & other Person
1010: Other Safety Rules
1013: Hazardous Workplace
1020: Registration
1030: Training & Accreditation of Personnel in OSH
1040: Health & Safety Committee
1050: Notification & Keeping of Records of Accidents and/ or Occupational Illnesses
1060: Premises of Establishments
1070: OH and Environmental Control
1080: Personal Protective Equipment & Devices
1090: Hazardous Materials
1100: Gas and Electric Welding & Cutting Operations
1120: Hazardous Work Processes
1140: Explosives
1150: Materials Handling & Storage
Occupational Safety & Health Standards
1160: Boiler
1170: Unfired pressure Vessels
1200: Machine Guarding
1210: Electrical Safety
1220: Elevators & Related Equipment
1230: Identification of Piping System
1410: Construction Safety
1420: Logging
1940: Fire Protection & Control
1950: Pesticides & Fertilizers
1960: Occupational Health Services
1970: Fees
1980: Authority of Local Government
1990: Final Provisions
Global OSH Data: ILO Report
• Annually :
– 337 million workers fall victims of work-
related accidents and diseases
– (causing more than 4 days absence)
• 2.3 million die of work-related
accidents (360,000) and diseases
(1.95M)

Source: ILO Safework - Introductory Report - 2008


Global OSH Data: ILO Report
• Close to 50% of the deaths attributed
to work take place in Asia
– Death rates five to six times higher in
developing countries
– 320,000 die from exposures to biological
risks (viral, bacterial, insect or animal-
related risks)
– 170,000 deaths are in the agricultural
sector
Source: ILO Safework -
Introductory Report - 2008
Key Local OSH Data
Data Sources:
• 2001-2005 Work Accidents/Illnesses Summary – BWC
based on mandatory reporting requirements of the OSH Standards
(OSHS)

• 2009/2010 BLES Integrated Survey


• NSO Household Survey Data
• OSHC Database
Local Scenario:
The Filipino Workers

• 42.2 million employed Filipinos (as of August 2018)

– Both in the formal and informal sectors


– 1.3 million government employees
– 8 million OFWs (ave. of 3,300 deployment daily)

Source: Current Labor Statistics July 2011


Bureau of Labor and Employment Statistics
Total Employed Filipinos by
Major Industry Group and Sector (in millions)

Agriculture
- 12,097
33% Services - 19,379
52%
Industry - 5,631
15%

Total : 37.1 Million Filipino Workers


Number of establishments in the Philippines : 2010
(According to Employment Size)

Total : 900,000 establishments


NSO Household Survey
(2000)
• For every 100,000 workers, 700 receive injuries that
stop them from working for about a day
• Over 3,000 workers per year die as a result of
occupational injuries or work-related illnesses
• Non-fatal injuries increase with age
Work Accidents and Illnesses Summary
(2005)

• 2,586 accidents reported by 289 establishments

- 1,523 (59%) disabling injuries

• total days lost: 121,624


• est. economic loss: P 66 million
Profile of the Most-Commonly
Injured Worker

• male
• married
• 26-30 years old
• with 1-5 years work experience
• assigned in the first shift
This has been the pattern for so many years!
Source: BWC WAIR 2017
In the Philippines… WHY?

• The incidence of work-connected sickness, injury or


death has remained high through the
years, however, compliance with reporting of work
connected accidents is very low.
OSH ISSUES AND CONCERNS

• low compliance rate to OSH Standards (OSHS)


• absence of strict penalties
• fragmented OSH administration
• outdated OSH Standards
OSH ISSUES AND CONCERNS

• weak enforcement of OSHS


• inadequate number of OSH personnel
• lack of OSH facilities in the regions

• low priority given to OSH


• public apathy on OSH concerns
Emerging OSH Issues

• women workers’ OSH


• child labor
• OSH in the informal sector,
agriculture, schools,
information technology sector
• lifestyle diseases e.g. HIV and AIDS, smoking,
drugs and substance abuse
• OSH of migrant workers, sea-farers
OSH is…
• A moral and legal responsibility
• “Duty of Care”
• “Commitment from the TOP”

A worker should not have to risk injury


or death at work
DEPARTMENT ORDER 13

DO 13 –
Book IV, Title I – Occupational Safety and
Guidelines
Medical, Dental and Health
Governing
Occupational Safety Standards, (OSHS)1978
Safety and
Health in the
Construction
Industry
DEPARTMENT ORDER No. 13
Series of 1998

Guidelines Governing OSH in the


Construction Industry
Objectives
• To ensure the protection and welfare of workers employed
in the construction industry

• To ensure protection and welfare of the general public


within and around the immediate vicinity of any construction
worksite as well as the promotion of harmonious employer-
employee relationships

• To take into consideration industry practices and applicable


gov’t. requirements
Legal Basis of the
Occupational Safety & Health Standards

 Article 162, Chapter II:


Safety & Health Standards:
The Secretary of Labor shall, by appropriate
orders, set and enforce mandatory Occupational
Safety and Health Standards to eliminate or
reduce occupational safety and health hazards in
all workplaces and institute new, and update
existing programs to ensure safe and healthful
working conditions in all places of employment.
AGENCIES INVOLVED IN CONSTRUCTION HEALTH
AND SAFETY LAWS AND RELATED ISSUANCES :
Republic of the Philippines
Department of Labor and Employment
Intramuros, Manila

a)Bureau of Working Conditions (BWC)


b)DOLE-Regional Offices
c) Employees Compensation Commission (ECC)
d)Occupational Safety and Health Center (OSHC)
e)Technical Education Skills Development Authority (TESDA)
SALIENT FEATURES OF DEPARTMENT ORDER NO. 13, Series of 1998

2. DTI Department of Trade and Industry


The Contractor’s License Law: R.A.
4566 provides that no contractor
(including sub-contractor and specialty
contractor) shall engage in the business of
contracting without first having secured a
PCAB license to conduct business. It is an
offense to engage in contracting business
without a license first being obtained.”
SALIENT FEATURES OF DEPARTMENT ORDER NO. 13, Series of 1998

a)Construction Industry
Authority of the Philippines
(CIAP)
b)Construction Manpower
Development Foundation
(CMDF)
c) Philippine Contractors
Accreditation Board (PCAB)
SALIENT FEATURES OF DEPARTMENT ORDER NO. 13, Series of 1998

3. Department of Health (DOH) – - The Non-


Communicable Diseases Control Office
SALIENT FEATURES OF DEPARTMENT ORDER NO. 13, Series of 1998

4. Department of Public Works and


Highways (DPWH)
SALIENT FEATURES OF DEPARTMENT ORDER NO. 13, Series of 1998

5. Department of Interior and Local


Government(DPWH) - Bureau of Fire Protection
SALIENT FEATURES OF DEPARTMENT ORDER NO. 13, Series of 1998

6. Department of Environment and Natural


Resources(DENR)
SALIENT FEATURES OF DEPARTMENT ORDER NO. 13, Series of 1998

7. Construction Industry Tripartite Council(CITC)


SALIENT FEATURES OF
DEPARTMENT ORDER NO. 13, series of 1998

– Section 1: Definition of terms

– Section 2: Jurisdiction

– Section 3: Delegation of Authority

– Section 4: Coverage

– Section 5: Construction Safety and Health Programs


SALIENT FEATURES OF
DEPARTMENT ORDER NO. 13, series of 1998
– Section 6: Personal Protective Equipment

– Section 7: Safety Personnel

– Section 8: OH Facilities, Occupational Health and OH


Professional

– Section 9: Construction Safety Signages

– Section 10: Construction Heavy Equipment

– Section 11: COSH Committee


SALIENT FEATURES OF
DEPARTMENT ORDER NO. 13, series of 1998
– Section 12: Safety and Health Information

– Section 13: COSH Training

– Section 14: COSH Reports

– Section 15: Construction Workers Skills

– Section 16: Workers Welfare Facilities

– Section 17: COSH Program COSTS


SALIENT FEATURES OF
DEPARTMENT ORDER NO. 13, series of 1998

Content:

– Section 18: Miscellaneous

– Section 19: Violations and Penalties

– Section 20: Effectivity


SALIENT FEATURES OF
DEPARTMENT ORDER NO. 13, series of 1998

Content:
– Section 1: Definition of terms
terms as used in the guidelines were defined in order to clarify their
meaning and to distinguish them from similar terms as defined in
other issuances

DEFINITION OF TERMS:
“Accredited Organization” means any organization accredited by DOLE
delegated or to authorized to perform functions related for the
improvements of OSH in the form of Training, testing, certification and
health auditing or any similar activity.
SALIENT FEATURES OF
DEPARTMENT ORDER NO. 13, series of 1998

Content:
– Section 1: Definition of terms
terms as used in the guidelines were defined in order to clarify their
meaning and to distinguish them from similar terms as defined in
other issuances

DEFINITION OF TERMS:

“Certified first-aider” means any person trained and duly certified or


qualified to administer first-aid by the Philippine National Red Cross or
by any organization accredited by the same.
SALIENT FEATURES OF
DEPARTMENT ORDER NO. 13, series of 1998

DEFINITION OF TERMS:

Construction project manager/consultant” means a person or entity


who is hired by the project owner, to act in the owner’s behalf
concerning supervision and monitoring of all matters related to the
overall execution of a construction project. The construction project
manager shall be a separate entity from the general constructor or
any subcontractor of the construction project.
SALIENT FEATURES OF
DEPARTMENT ORDER NO. 13, series of 1998

Content:
– Section 1: Definition of terms
terms as used in the guidelines were defined in order to clarify their
meaning and to distinguish them from similar terms as defined in
other issuances

DEFINITION OF TERMS:

Construction safety and health committee” means the general safety and
health committee for a construction project site that shall be the overall
coordinator in implementing OSH programs.
SALIENT FEATURES OF
DEPARTMENT ORDER NO. 13, series of 1998

Content:
– Section 1: Definition of terms
terms as used in the guidelines were defined in order to clarify their
meaning and to distinguish them from similar terms as defined in
other issuances

DEFINITION OF TERMS:
Construction SH Officer - any employee/worker trained and, in
addition to the regular duties and responsibilities, tasked by his
employer to implement OSH programs in accordance with the
provisions of the OSH Standards
SALIENT FEATURES OF
DEPARTMENT ORDER NO. 13, series of 1998

Content:
– Section 1: Definition of terms
terms as used in the guidelines were defined in order to clarify their
meaning and to distinguish them from similar terms as defined in
other issuances

DEFINITION OF TERMS:
Construction SH Program - a set of detailed rules to cover the
processes and practices that shall be utilized in a specific
construction site in conformity with the OSHS including the
personnel responsible and the penalties for violation thereof.
SALIENT FEATURES OF
DEPARTMENT ORDER NO. 13, series of 1998
Content:
– Section 3: Delegation of Authority
DOLE has the power to delegate some enforcement powers to other
government agencies and to private organizations provided that they have
adequate personnel and facilities (These cover Technical Safety Inspections)

• Chartered Cities or Municipalities


• Private Safety Organizations
• Which in Accordance with Rule 1030 as revised on 2018
SALIENT FEATURES OF
DEPARTMENT ORDER NO. 13, series of 1998

Content:
– Section 4: Coverage
The guidelines shall apply to all construction activities, including
demolition, whether owned by the private or the government sector
SALIENT FEATURES OF
DEPARTMENT ORDER NO. 13, series of 1998
Content:
– Section 5: Construction Safety and Health Program
Before the start of the actual construction, The construction project
manager shall prepare and submit to DOLE a comprehensive construction
safety and health program (for approval of the Bureau of Working
Conditions) which shall include, but not limited to:
• Composition of the construction safety and health committee
• Specific H&S policies within the construction site
• Penalties for violation
• Training of workers
• Waste disposal
• Other requirements of D.O. No. 13, series of 1998
SALIENT FEATURES OF
DEPARTMENT ORDER NO. 13, series of 1998

Content:
– Section 6: Personal Protective Equipment
All employers must provide personal protective equipment for all
employees needing such equipment. All other persons entering the
construction site must wear the necessary protective equipment. The
equivalent cost for the provision of PPE shall be an integral part of the
project cost.
SALIENT FEATURES OF
DEPARTMENT ORDER NO. 13, series of 1998

Content:
Section 7: Safety Personnel
A means of coordination was established wherein the
main or general contractor shall have over-all
management and coordination of all safety and health
officers/personnel working within the construction site.
All full-time safety and health personnel must be
accredited by DOLE.
SALIENT FEATURES OF
DEPARTMENT ORDER NO. 13
Occupational Safety & Health Standards

DUTIES OF THE SAFETY OFFICER


1 Advice the employer, supervisors & workers on OSH.
2 Investigate work related accidents
3 Coordinate safety training programs
4 Conduct safety & health inspection
5 Act as secretary of HSC
6 Maintain accident records system
Safety Personnel Requirement
DO 128 18 & DO 13
DO 198-18 IRR of 11058 ''An Act Strengthening Compliance with Occupational Safety and Health Standards
SALIENT FEATURES OF
DEPARTMENT ORDER NO. 13, series of 1998

Content:
– Section 8: Emergency Occupational Health Personnel and Facilities
The same provisions of the existing Occupational Safety and Health
Standards(OSHS) are reiterated. The provision for an emergency
health provider was allowed. All other requirement such as
emergency medicines, supplies, equipment and facilities shall
conform with the OSHS.
SALIENT FEATURES OF
DEPARTMENT ORDER NO. 13, series of 1998
Content:
– Section 9: Construction Safety Signages
Mandatory provision of safety and warning signs are
reiterated not only for the protection of workers, but also WARNING: Hazardous Area.
All personnel must wear
the public in general. Signs should conform with the protective equipment before
standard requirements of the OSHS. entry
 Usage of PPE
 Falling/ falling objects
 Explosives and flammable substances
 Tripping or slipping hazards
 Toxic or irritant airborne contaminants/substances
 Electrical facility
 Dangerous moving parts of machines
 Fire alarms/ fire fighting
 Instructional signs/ Update of man-hours lost
SALIENT FEATURES OF
DEPARTMENT ORDER NO. 13, series of 1998
Content:
– Section 10: Safety on Construction Heavy Equipment
A specific guide for testing, transport, erection and maintenance of heavy
equipment is formulated. All heavy equipment operators must be tested
and certified by TESDA, while heavy equipment shall be tested by DOLE
recognized association/organizations.

Daily routine inspection to be conducted by duly certified mechanics/


operators, routine inspection by DOLE accredited professionals.
Maintenance of a separate construction logbook for each equipment
SALIENT FEATURES OF
DEPARTMENT ORDER NO. 13, series of 1998

Content:
 Section 11: Construction Safety and Health Committee

All construction sites must have a general


Construction Safety and Health Committee
composed of safety and health
representatives from each sub-contractor.
The construction project manager shall
head the committee. Each subcontractor
shall have its own safety and health
committee based on the existing
requirements of the OSHS.
Occupational Safety & Health Standards
RULE 1040 – Health & Safety Committee (HSC)
Occupational Safety & Health Standards
RULE 1040 – Health & Safety Committee (HSC)
RULE 1040 – Health & Safety Committee (HSC)
DO 13 Occupational Safety & Health Standards

DUTIES OF THE H&S COMMITTEE


1 Plans & develops accident prevention program.
2 Inspects the workplace to detect unsafe condition.
3 Reviews reports related to safety & health.
4 Provides necessary assistance to government inspecting
authorities.
5 Initiates & supervises safety trainings for employees.
5 Provides Emergency Action Plants
SALIENT FEATURES OF
DEPARTMENT ORDER NO. 13, series of 1998

Content:
– Section 12: Safety and Health Information
A detailed safety and health information system is included in the
guidelines. These include orientation, instructions, and training for
workers; means of conveying safety related information to all
workers and specialized instructions and trainings for specialty
workers and operators
SALIENT FEATURES OF
DEPARTMENT ORDER NO. 13, series of 1998

General Safety and Health Measures


 Basic rights and duties of workers
 Emergency procedures
 Good housekeeping
 Welfare and first-aid facilities
 Care and use of PPE
 Personal hygiene and health protection
 Safety and health rules and regulations

Daily tool box meetings


SALIENT FEATURES OF
DEPARTMENT ORDER NO. 13, series of 1998

Content:
 Section 13: Construction Safety and Health Training

All safety personnel assigned within the


construction site are required to undergo the
basic construction safety training course
prescribed by the Bureau of Working Conditions.
Continuing training (minimum of 16 hours per
year) for all full-time safety personnel shall also
be a responsibility of each constructor.
SALIENT FEATURES OF
DEPARTMENT ORDER NO. 13, series of 1998
Specialized instruction and training
 Operation of construction equipment
 Erection or dismantling of scaffolds
 Excavation works
 Handling of explosives
 Workers engaged in pile-driving
 Compressed air, cofferdams, and caissons
 Erection of steel structural frames and tall chimneys
 Handling hazardous substance and materials
 Rigging and signaling
SALIENT FEATURES OF
DEPARTMENT ORDER NO. 13, series of 1998

Content:
 Section 14: Construction Safety and Health Reports

The monthly submission of summary reports to


DOLE is required. The summary reports shall
include safety committee meeting agreements,
accident investigation reports, and hazard
assessments with corresponding remedial
action/measures required.

Notification of major accidents to DOLE within 24


hours
Occupational Safety & Health Standards
• Administrative Report Requirements:

1 Registration of Business (IP – 3)


2 Report of Work-related Accidents (IP – 6)
3 Annual Report of H&S Committee/Organization (IP – 5)
4 Quarterly Report of Safety & Health Program & Minutes of H&S
Committee meetings.
5 Annual Work Accident/Illness Exposure Data Report (IP – 6B)
6 Annual Medical Report (OH – 47A)
Occupational Safety & Health Standards
Rule 1050 – Notification and Keeping of Records of Work-related accidents /
illnesses
Submission of work accident reports
Number of Disabling Injuries
Determination of Work Accidents Frequency & Severity Rates to measure
Company Safety Performance
Rule 1053.01: Notification – All work accidents or occupational illnesses, resulting in
disabling conditions or dangerous occurrences shall be reported by the employer to
the Regional Labor Office
If Major work accidents results in death or permanent total disability, employer
shall initially notify the Regional Labor Office within 24 hours.
Rule 1054: Keeping of Records – The employer shall maintain and keep an accident
or illness record which shall be open at all times for inspection to authorized
personnel.
SALIENT FEATURES OF
DEPARTMENT ORDER NO. 13, series of 1998

Content:
– Section 15: Construction Worker’s Skills
A Skills certificate shall be required for construction related occupations
which have been classified as “Critical Occupations” by TESDA.
An occupational shall be considered as critical –
 When it may affect and endanger people’s lives and limbs
 When it involves the handling of hazardous tools, equipment, supplies
 When it requires a relatively long period of education and training
 When the performance of the job may compromise the safety, health and
environment concerns within the immediate vicinity of the construction site.
SALIENT FEATURES OF
DEPARTMENT ORDER NO. 13, series of 1998

Content:
– Section 16: Worker’s Welfare Facilities
The employer shall provide for adequate supply of safe drinking water,
adequate sanitary and washing facilities in order to ensure humane
conditions of work.

– Section 17: Cost of Construction Safety and Health Program


The total cost of the Construction Safety and Health Program Shall be a
mandatory integral part of the construction project. It shall be treated
as a separate pay item and reflected in the project’s bid tender
documents.
SALIENT FEATURES OF
DEPARTMENT ORDER NO. 13, series of 1998

Content:
– Section 18: Effects on Other Issuances Definition of terms
Provisions of other existing occupational safety and health guidelines
not inconsistent with this Guidelines shall form part of this Department
Order. Standards, rules and regulations not specifically provided shall
remain in full force and effect. However, in the event that any
provisions of the Guidelines is declared invalid by competent authority,
the rest of the provisions thereof not affected shall remain in full force
and effect.
SALIENT FEATURES OF
DEPARTMENT ORDER NO. 13, series of 1998

Content:
– Section 19: Violations and Penalties
Violations committed by constructors as determined by DOLE after due
process shall be considered as prima facie case of a construction mal-
performance of grave consequence under RA 4566 (Constructors’
Licensing Law) as amended and pertinent IRR.

In cases of imminent danger situations, the procedures/requirements of


the OSHS and DOLE regulations shall be applied.

DO 198 18 – RA 11058
DO
198
18

RA
110
58
DO 198 18 – RA 11058
DO 198 18 – RA 11058
SALIENT FEATURES OF
DEPARTMENT ORDER NO. 13, series of 1998

Content:
– Section 20: Effectivity
The Guidelines shall be immediately effective, that is, 15 days after
publication in newspapers of general circulation, as provided in Article
5 of the Labor Code.

D.O. No. 13, s.1998 was signed on July 23, 1998 and published on
August 1, 1998 in the Philippine Daily Inquirer and on August 3, 1998 in
People’s Tonight
ANY QUESTIONS???

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