URGENT APPEAL: Blatant disrespect of labor standards on occupational health and safety brings death to 10 construction workers
URGENT APPEAL: Blatant disrespect of labor standards on occupational health and safety brings death to 10 construction workers
Dear friends,
The Center for Trade Union and Human Rights (CTUHR), Ecumenical Institute for Labor Education and Research (EILER), and Institute for Occupational Health and Safety Development (IOHSAD) write to gather support in our call justice for the death of 10 workers in Eton Properties in Makati City last January 27, 2011. The tragic death of the 10 workers occurred due to the Eton Properties Philippines Inc. (EPPI) blatant disrespect of the country’s labor standards and the government’s failure to implement the inherent rights of the workers to safe, humane and favorable working environment.
Case Narrative
A total of ten (10) construction workers died on-the-spot while another one (1) was seriously injured after the gondola (a small construction elevator used to install glass windows) the eleven victims were riding snapped at the 28th floor and fell to the 7th floor of the building construction site owned by Eton Properties Philippines Incorporated (EPPI) at Greenbelt Paseo de Roxas in Makati City last January 27, 2011. Initial investigations revealed that the gondola plummeted because it is overloaded. Its maximum capacity of just two (2) to three (3) persons is excessively feeble to carry the weight of the 11 workers.
Witnesses accounted that the incident happened during the workers’ lunch break at around 11:45 a.m. Benbon Cristobal, Kevin Mabunga, Joel Abezilla, Celso Mabuting, Michael Tatlonghari, Tisoy Perez, Vicente Piñon, William Bañez, Jaykie Legarda, Jeffrey Diocado and Ruel Perez rode the gondola on the 32nd floor to go down at the 6th floor where their dining area is located. Because the workers are given very little time for break, they used the gondola to save time. But since it very much overloaded, the gondola immediately malfunctioned while it was going down and the cables supporting it snapped on the 28th floor.
Witnesses further stated that safety officers do not enforce safety rules and regulations especially in the areas from the 7th floor upwards.
The EPPI president and COO Danilo Ignacio declared that the workers’ death was an unfortunate accident. However, initial investigations of the Makati City government and Department of Labor and Employment (DOLE) proved that the EPPI and the construction firms (CE Construction, Arlo Aluminum, E.M. Piñon) they contracted to build the property committed gross violations of occupational safety and labour standards.
Among the occupational safety lapses seen are inadequate personal protective equipments (PPE), lack of permit to use a gondola lift, absence of a capable gondola lift operator. It is believed that more violations will be revealed when a thorough investigation will be done at the worksite.
In addition, various labor standards violations were discovered. Such violations include underpayment of minimum wages, inadequate overtime, rest day, and holiday premiums, non-payment of 13th month pay. Most importantly, workers do not have social security (SSS), health insurance (Philhealth) and other legally mandated benefits. They also do not enjoy their right to security of tenure since they are all contractual employees even though their employment tenure ranges from two (2) to four (4) years.
Government’s failure to protect workers’ health and safety
The DOLE’s overly lenient way of enforcing the country’s labor standards and occupational regulations caused the incident. Since the start of the construction of Eton Greenbelt, DOLE did not conduct any inspection to check the company’s compliance to the labor laws of the country. It is after the death of the 10 workers when the DOLE inspected the said worksite. It also issued an operation suspension order but was immediately lifted after three weeks when EPPI allegedly completed all the necessary occupational safety reforms.
According to the Occupational Health and Safety (OHS) Standards that is in effect since 1989, a company must have a Construction Safety and Health Program that requires the composition of a Construction Safety and Health Committee, the provision of Personal Protective Equipment (PPE) and the assignment of Safety Personnel at the site at all times. In addition the DOLE issued Department Order No. 13 on 1998 which states that “every employer shall, at his own expense, furnish his workers with protective equipment for eyes, face, hands and feet, lifeline, safety belt/harness, protective shields and barriers whenever necessary by reason of the hazardous work process or environment, chemical or radiological or other mechanical irritants or hazards capable of causing injury or impairment in the function of any part of the body through absorption, inhalation or physical agent.”
Even after the issuance of the two orders, violations continue to happen as the DOLE failed to ensure the strict implementation of it.
The compliance of such standards became virtually irrelevant on January 7, 2004 when DOLE issued the Department order 57-04. According to the order, a company with at least 200 employees is already allowed to conduct self-assessment and inspection its compliance to the occupational safety standards are made voluntary. This signals the employers not to provide enough protection to the workers, as in the case of workers in Eton.
Suggested Action:
Please send letters of concern to the following authorities requesting their intervention to:
1. Conduct a comprehensive and deep investigation of the incident.
2. Make the EPPI its contractors and subcontractors liable for gross violations of labor rights.
3. Provide enough indemnification to the families of the victims
4. Repeal the Department order 57-04 and push the government to ensure that all the labor standards and occupational safety regulations are implemented.
His Excellency Benigno Simeon Aquino III
President
Republic of the Philippines
Malacañang Palace, JP Laurel Street,
San Miguel Manila 1005 PHILIPPINES
Fax: +63 2 736 1010 Tel: +63 2 735 6201 / 564 1451 to 80
Hon. Loretta Rosales
Chair
Commission on Human Rights
SAAC Bldg., UP Complex
Commonwealth Avenue
Diliman, Quezon City, Philippines
Voice: (+632) 928-5655, 926-6188
Fax: (+632) 929 0102
Email: coco.chrp@gmail.com,
Hon. Rosalinda Baldoz
Secretary
Department of Labor and Employment
7/F DOLE Building,
Intramuros Manila NCR 1002
PHILIPPINES
Tel: +63 2 527 2131
E-mail: sec_art_brion@yahoo.com.ph
Hon. Leila de Lima
Secretary
Department of Justice
Padre Faura Street Ermita, Manila
Republic of the Philippines 1000
Tel No. (632)523-84-81, (632)523-6826
Fax No. (632)526-7643,
Email:info@doj.gov.ph Please send us a copy of your letter to the above agencies.
