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CLARK FREEPORT: Large companies or those with total assets of more than P100 million located within special economic zones and other areas under the jurisdiction of investment promotion agencies must provide transportation services for their employees.
This was clarified by the Secretary of Labor, Silvestre Bello III, and the Secretary of Commerce, Ramón López, in a notice issued over the weekend.
The notice also establishes the requirements that private establishments must meet for the establishment of isolation areas and the implementation of disinfection procedures as provided in the Joint Circular Memorandum (JMC) of the Department of Commerce and Industry-Department of Labor and Employment ( DOLE) No. 2020-4-A, 2020 series.
The provision of transportation services, according to the notice of the Department of Commerce and Industry (DTI) of the DOLE, will be consistent with Resolution No. 69 of the Inter-Institutional Working Group (IATF) of September 7, 2020.
The IATF guideline states that “large private establishments with total assets in excess of P100 million located within special economic zones and other areas under the jurisdiction of Investment Promotion Agencies must provide transportation services for their employees.”
“Assets shall refer to total assets, including those arising from loans, but excluding the land on which the office, plant and equipment of the particular business entity are located. (Article 3, Republic Law 9501 or Magna Carta for MSMEs) ”, said the advisor.
“In the event that private establishments are unable to financially maintain the provision of transportation services, they may adopt alternative arrangements, such as cost sharing, partial coupons for the use of the Transportation Network Vehicle Services, and other alternative arrangements to facilitate transportation. transportation needs of your employees, ”said Secretary Bello.
The joint notice also stipulates that “employers may contract public utility vehicle (PUV) services to subsidize public transportation operations.”
DOLE and DTI also clarified that employees classified as the highest risk population (MARP) and those who are at least 18 years old but less than 21 years old may be able to report to work for eight hours, provided they undergo an adjustment for examination of work and obtain a medical certificate from any competent authority.
An occupational health physician or a government physician with training in occupational health may examine and certify the employee’s fitness to work during regular hours under Rule 1967 of the Occupational Health and Safety Standards.
The notice, however, further clarified that employers are strongly encouraged to allow such employees to be in a work-from-home arrangement, when applicable.
In addition, the requirement to designate a one-room isolation area for every 200 employees will be based on the average number of employees reporting to work per shift.
“Isolation rooms may be outside the premises, as long as they are under the control of the employer, that is, the facility is readily available when needed, and as long as there is a temporary holding facility for employees and visitors with symptoms, or after an additional evaluation required after responding to the health declaration form, it will be installed in the immediate vicinity of the workplace and / or building, ”added the DOLE-DTI notice.
Employers are also encouraged, pursuant to Section VI (C) of the JMC, to establish their company policies on temporary workplace closure and disinfection.
More extensive contact tracing practices including procedures for a granular closure of the building / facility (i.e. closure of a section / floor / unit of the building / facility) for disinfection should also be observed to ensure continuity of operations. .
Granular closure of the building / facility for disinfection may be allowed, provided the building or workplace has a company policy and / or an occupational safety and health (OSH) program that maintains the safety of non-employees. affected.
A shorter lockout period of less than 24 hours is allowed for disinfection (three to four hour disinfection time), provided employee safety is checked and a return to work certificate is obtained from the specialists / cleaners / disinfecting agents.
To provide a suitable work environment for employees, customers and visitors, the air conditioning temperature in establishments will be set or regulated according to the nature of their operations. Shopping malls can lower the air conditioning temperature by up to 24 degrees Celsius.
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