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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:
Labor Advisory No. 18-2022 provides that private establishments shall comply with the Department of Health’s (DOH) memorandum on the updated guidelines for COVID-19 testing, isolation, and quarantine, and adhere to the nationwide alert system mandated by the national government. (Labor Advisory No. 18-2022)
Labor Advisory No. 23-2023 provides that all employers and employees in the private sector have a shared responsibility in ensuring safe and healthy working conditions. (Labor Advisory No. 23-2023)
In 2022, the Department of Labor and Employment (DOLE) issued Labor Advisory No. 18, series of 2022 (L.A. No. 18-22) or the CPOVID-19 Prevention, Control and Reporting Protocols in the Workplace to promote the safe reopening of the economy and contain the transmission of COVID-19 in the workplace.
Labor Advisory No. 18-2022 provides that private establishments shall comply with the Department of Health’s (DOH) memorandum on the updated guidelines for COVID-19 testing, isolation, and quarantine, and adhere to the nationwide alert system mandated by the national government.
The Labor Advisory provides:
“The covered establishment shall comply with Department of Health (DOH) Memorandum No. 2022-0013 or the Updated Guidelines on the Quarantine, Isolation, and Testing for COVID-19 Response and Case Management for the Omicron Variant and the latest DOH issuances.
The covered establishments shall also ensure the good practice of detection strategies in workplaces as stipulated in Section IV (B) of DOH Administrative Order (AO) No. 2021-0043 or the Omnibus Guidelines on the Minimum Public Health Standards for the Safe Reopening of Institutions.
The covered establishments shall further adhere to the latest Guidelines on the Nationwide Implementation of Alert Level System for COVID-19 Response and the DOLE Department Order No. 224, series of 2021 or the Guidelines for Ventilation for Workplaces and Public Transport to Prevent and Control the Spread of COVID-19.
Company policies on COVID-19 related testing, quarantine, and isolation response shall be aligned with the abovementioned issuances.” (Prevention, Detection and Isolation, L.A. No. 18-2022)
In every workplace, COVID-19 cases are to be reported by the employer’s designated safety officers to their respective local government units and to the DOH for investigation of the sources of transmission.
The law says:
“The covered establishments, through their Safety Offices shall submit the list of COVID-19 cases and close contacts in their respective workplaces and their respective LGU and DOH for reporting, including investigation details on sources of transmission pursuant to Section IV (B) (3) of DOH AO No. 2021-0043.
In addition, they shall submit the Employer’s Work Accident/Illness Report (WAIR) through the DOLE Establishment Report System (https://reports.dole.gov.ph/) pursuant to Labor Advisory No. 07, Series of 2022. (Reporting of COVID-19 Cases, L.A. No. 18-2022)
On September 2023, DOLE issued Labor Advisory No. 23, series of 2023 or the Guidelines on Minimum Public Health Standards in Workplaces Relative to the Lifting of the State of Public Health Emergency due to COVID-19.
The Labor Advisory likewise covers all employers and employees in the private sector, who according to the Labor Advisory, have a shared responsibility in ensuring safe and healthy working conditions.
The Labor Advisory provides:
“Employers and employees have a shared responsibility to ensure safe and healthy working conditions in accordance with the provisions of the Labor Code, as renumbered and Republic Act No. 11058 and their implementing rules and regulations.
The Safety and Health Committee shall review, evaluate, and update their occupational safety and health program by conducting hazard identification, risk assessment, and control, including regular health and medical surveillance and referral mechanism to the nearest health service provider.
To further ensure safe and healthy working conditions, employers shall promote vaccination among all employees, including contractors’ deployed workers, and their families. However, any employee who refuses or fails to get vaccinated shall not be discriminated against in terms of tenure, promotion, training, pay, and other benefits, among others, or terminated from employment. No vaccine, no work policy shall be not be allowed. Employers shall also ensure the availability of workplace sanitation and hygiene facilities.
Employers and employees shall be guided by the protocols on masking, good hygiene, frequent handwashing and sanitation, observance of physical distancing, good ventilation, quarantine, isolation, and vaccination pursuant to DOH Department Circular No. 2023-0324. The cost of preventive and control measures for workplace illnesses and diseases, including cost of vaccines, shall be borne by the employer.” (Shared Responsibility in Ensuring Safe and Healthy Working Conditions, Labor Advisory No. 23-2023)
The Labor Advisory further requires employers to submit reportorial requirements such as the WAIR and report on COVID-19 positive cases to respective local government units. (Reportorial Requirements, Labor Advisory No. 23-2023)
Under the Labor Advisory, employers and employees may agree to the provision of sick leave benefit, access to medical and insurance coverage, any assistance during isolation, paid leave for vaccination, and other benefits unless there are more favorable existing company policies, rules, regulations, and provisions of the collective bargaining agreement. (Employees’ Benefit, Labor Advisory No. 23-2023)
Read also: Work Accident Illness Report (Labor Advisory No. 07, Series of 2022)
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.
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