Issue of February 23, 2020
     
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DOLE mandates mental health program in workplaces

Underscoring the importance of promoting workers’ mental health, the Department of Labor and Employment has mandated the adoption and implementation of mental health policies and programs in workplaces.

In Department Order 208, s. 2020, Labor Sec. Silvestre Bello III provided the guidelines to employers and workers for the effective implementation of mental health policies and programs in accordance with Republic Act 11036 or the Mental Health Act.

For 19-year-old “Lilian Axe,” a student in one of the universities in Baguio, the passage of RA 11036, which was signed into law by President Rodrigo Roa Duterte June 21, 2018, is a sigh of relief.

Lilian Axe, who is within the autism spectrum and diagnosed with depression when he was 17, spends at least P3,500 monthly for therapy and medicines.

The Mental Health Act provides government support to persons with mental health needs and will provide better access to mental healthcare in the general health system. The government will help in the treatment, not only of diseases like cancer and pneumonia, but also of mental disorders like depression and schizophrenia. The law improves Filipinos’ access to psychosocial services such as therapy and medication. Before, access to treatment is only enjoyed more by those who can afford it. The law recognizes that the need for wellness and treatment are not just rich people’s problems but is a right of every Filipino, rich or poor.

DO 208-2020 hopes to raise further awareness and prevent stigma and discrimination among Filipino workers in as far as mental health conditions are concerned and provide support to workers with mental health issues for them to gain access to medical health services. The directive covers employers in the formal sector, including those that deploy overseas Filipino workers.

The order provides that an organization’s mental health program should be prepared jointly by management and employee’s representatives and be made an integral part of the company’s Occupational Safety and Health (OSH) policies and programs. In organized establishments, a mental health program may be included as part of the collective bargaining agreement.

Components of a mental health program should include advocacy, information, education, training as well as promotion and enhancement of workers’ well-being; non-discriminatory policies and practices; confidentiality of information; disclosure of medical or mental condition; work accommodation and work arrangement; treatment, rehabilitation, and referral system; and benefits and compensation.

Establishments can seek help from DOLE, Department of Health, and/or organizations rendering mental health services in the formulation and implementation of their mental health policies and programs.

Establishments should submit their respective mental health policies and programs to the DOLE office having jurisdiction over them.

Also, establishments, projects, sites, and other places where work is being undertaken in all branches of economic activity are also reminded of DO 198, which details the implementing rules and regulations (IRR) of RA 11058 also known as the Occupational Safety and Health Standards law. It also covers the contractors and subcontractors including those engaged in the projects of the public sector.

The IRR “does not apply to the public sector such as national government agencies, government-owned and controlled corporations with charters, government financial institutions, state universities and colleges, and local government units,” as these are governed by appropriate rules and regulations issued by the Civil Service Commission and other government agencies.

Based on the IRR, every employer, contractor, or subcontractor, and any person who manages, controls, or supervises the work shall equip a place of employment for workers free from hazardous conditions; provide complete job safety instructions and proper orientation to all workers; and ensure that the chemical, physical, and biological substances and agents, and ergonomic and psychosocial stresses under their control are without risk to health when the appropriate measures of protection are taken.

They should also use only approved specific industry set of standards of devices and equipment for the workplace as applicable; comply with OSH including training, medical examination, and when necessary, provisions on protective and safety devices, such as personal protective equipment and machine guards; make arrangement for workers and their representatives to participate in the processes of organizing, planning, and implementation, monitoring, evaluation, and action for improvement of the OSH management system.

They should also provide, when necessary, for measures identifying trainings and drill, evacuation plans, among other plans, to deal with emergencies, fires, and accidents including first-aid arrangements; comply with all reportorial requirements of the OSH standards; and register establishment to DOLE as provided under the OSH standards.

Meanwhile, to ensure compliance with OSH standards, the workers should participate in capacity-building activities on safety and health and other OSH-related topics and programs and proper use of all safeguards and safety devices; comply with instructions to prevent accidents or imminent danger situation; observe prescribed steps to be taken in cases of emergency, including participation in national or local disaster drills; and report any work hazard that may be discovered in the workplace.

An employer, contractor, or subcontractor who fails or refuses to comply will be meted a fine ranging from P20,000 to P50,000 depending on the administrative violation committed.

An employer, contractor, or subcontractor who repeatedly violates the standards shall be imposed the corresponding fine and an additional fine equivalent to 50 percent thereof for every instance of repeat violation. If any of the prohibited acts is present and there is noncompliance, the penalty of P100,000 administrative fine shall be imposed separately and in addition to the daily administrative fine imposed.

The DOLE also stated that when the violation exposes the worker to death and serious injury or illness, the penalty will be P100,000.

For more information, visit www.oshc.dole.gov.ph and www.dole.gov.ph.

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