Photo from Unsplash | Acton Crawford
The following post does not create a lawyer-client relationship between Alburo Alburo and Associates Law Offices (or any of its lawyers) and the reader. It is still best for you to engage the services of a lawyer or you may directly contact and consult Alburo Alburo and Associates Law Offices to address your specific legal concerns, if there is any.
Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.
AT A GLANCE:
Every employer, contractor or subcontractor, or any person who manages, controls or supervises the work being undertaken shall, among others, equip a place for employment for workers free from hazardous conditions that are causing or likely to cause death, illness or physical harm to the workers (Section 4, par. a (1), DOLE D.O. No. 198, s. 2018)
Every employer shall likewise provide complete job safety instructions and proper orientation to all workers, including, but not limited to, those relating to familiarization with their work environment (Section 4, par. a (2), DOLE D.O. No. 198, s. 2018)
Whenever necessary, every employer shall provide for measures identifying trainings and drills, evacuation plans, etc. to deal with emergencies, fires and accidents including first-aid arrangements. (Section 4, par. a (7), DOLE D.O. No. 198, s. 2018).
DOLE Department Order No. 198, series of 2018
DOLE Department Order No. 198, series of 2018 (Implementing Rules and Regulations of Republic Act No. 11058 otherwise known as the “Act for Strengthening Compliance with Occupational Safety and Health Standards and Providing Penalties for Violations Thereof”) provides that the State shall ensure a safe and healthful workplace for all working people by affording them full protection against all hazards of their work environment. It shall ensure that the provisions of the Labor Code of the Philippines, all domestic laws, and internationally-recognized standards on occupational safety and health are being fully enforced and complied with by the employers, and it shall provide penalties for any violation thereof. (Section 1, par. 1, DOLE D.O. No. 198, s. 2018)
Further, the Department Order provides that the State shall protect every worker against injury, sickness or death through safe and healthful working conditions thereby assuring the conservation of valuable manpower resources and the prevention of loss or damage to lives and properties consistent with national development goals, and with the State’s commitment to the total development of every worker as a complete human being. (Section 1, par. 1, DOLE D.O. No. 198, s. 2018)
Under the Department Order, every employer, contractor or subcontractor, or any person who manages, controls or supervises the work being undertaken shall, among others, equip a place for employment for workers free from hazardous conditions that are causing or likely to cause death, illness or physical harm to the workers (Section 4, par. a (1), DOLE D.O. No. 198, s. 2018), provide complete job safety instructions and proper orientation to all workers, including, but not limited to, those relating to familiarization with their work environment (Section 4, par. a (2), DOLE D.O. No. 198, s. 2018), and provide, when necessary, for measures identifying trainings and drills, evacuation plans, etc. to deal with emergencies, fires and accidents including first-aid arrangements. (Section 4, par. a (7), DOLE D.O. No. 198, s. 2018).
Worker’s right to report accidents
Workers and their representatives shall have the right to report accidents, dangerous occurrences, and hazards to the employer, to the DOLE, and to other concerned competent government agencies, they shall be free from any form of retaliation for reporting of any accident. (Section 7, DOLE D.O. No. 198, s. 2018)
The “Going and Coming Rule”
In the case of Iloilo Dock and Engineering Co. v. Workmen’s Compensation Commission (G.R. No. L-26341, November 27, 1968), the Supreme Court ruled that in general, an injury or accident is said to arise “in the course of employment” when it takes place within the period of employment, at a place where the employee reasonably may be, and while he is fulfilling his duties or is engaged in doing something incidental thereto.
In the case, the Supreme Court stated the “going and coming rule” and laid down the exceptions to the rule.
Jurisprudence says:
“In the absence of special circumstances, an employee injured in, going to, or coming from his place of work is excluded from the benefits of workmen’s compensation acts.”
This rule, however, admits of four well-recognized exceptions, to wit:
(1) where the employee is proceeding to or from his work on the premises of his employer;
(2) where the employee is about to enter or about to leave the premises of his employer by way of the exclusive or customary means of ingress and egress;
(3) where the employee is charged, while on his way to or from his place of employment or at his home, or during his employment, with some duty or special errand connected with his employment; and
(4) where the employer, as an incident of the employment, provides the means of transportation to and from the place of employment.” (Iloilo Dock & Engineering Co. v. Workmen’s Compensation Commission, G.R. No. L-26341, November 27, 1968)
As ruled by the Supreme Court in the case of Celerino Valeriano v. Employee’s Compensation Commission (G.R. No. 136200, June 8, 2000), to be compensable, an injury must have resulted from an accident arising out of and in the course of employment. It must be shown that it was sustained within the scope of employment while the claimant was performing an act reasonably necessary or incidental thereto or while following the orders of a superior.
In the case of Elena Amedo v. Rio Olabarrieta, Inc. (G.R. No. L-6870, May 24, 1954), it was ruled that:
“Three conditions are essential to hold an employer liable to compensate his employee for a personal injury sustained by him from an accident, namely:
(1) the accident must arise out of employment;
(2) it must happen in the course of the employment; and
(3) it must not be caused by the notorious negligence of the employee.”
Read also: Safety and Accident Prevention in the Workplace
Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries regarding taxation and taxpayer’s remedies, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/0917-5772207.
All rights reserved.