CHALLENGES IN MANAGING CHEMICALS IN THE WORKPLACE THE PHILIPPINE EXPERIENCE Author: Dr. Dulce P. Estrella-Gust Executive Director Occupational Safety and Health Center Department of Labor and Employment Philippines I. BACKGROUND 1. In the Philippines the recently concluded report on the national profile of chemicals lists 44,000 chemicals, many of which can be considered acutely and persistently toxic chemicals, for example PCBs, dioxins, pesticides. 2. Companies in the Philippines deal with chemicals, under ten classifications. Namely, agrichemicals and fertilizers, chemical service providers, industrial gases, inorganic chemicals, oleochemicals and surfactants, petrochemicals, petroleum, plastics, specialty chemicals, surface coatings. 3. While chemicals are highly important in industry, in farming, in transportation, and in other sector, it is internationally agreed that they have to be managed soundly. In the context of globalization and free trade, a system of harmonizing these chemicals is therefore urgently needed, as well as a massive information campaign in order to understand the depth and breadth of responsible use of chemicals in workplaces and capability building programs. The Philippine Occupational Injuries and illnesses 4. As of January 2006, the Philippine Labor Force stood at 35.2 Million, some 32 million are currently employed. For 2005, those deployed abroad made up 981,677 i.e,. 733,970 were land-based and 247,707 sea-based workers. More and more females are being employed (12,374,000), with the labor force is dominated by young workers (15 to 34 years old) 14,915,000 (46.06%). Older workers are defined as from age 55 make up 4,532,000 ( 13.87%). The services sector showed the biggest proportion of employed sector with an increase of 2.4 employment rate from last year resulting in 15.566 M at work. Agriculture, fishery and forestry showed an increment of employment from 2995 to 2006 by 4.2%, making the total employment as 11.8 M. Industry showed a poor third, with a decrease in employment rate of 1.9, biggest decrease in mining, though only a slight decrease in employment rate in manufacturing. Electricity, gas and water was the only activity under the industry sector which showed an increase in employment. 1
Under services sector, the biggest increase in employment is in financial remediation 12.2%, while the health and social work suffered a decrease by 8.4%. Establishments number about 810,300; the majority have 1 to 4 workers. 5. The national data on occupational safety and health, point to the agricultural sector as the most frequent source of injuries and illnesses. Pesticides are still commonly used with reports that even the more moderately and severely toxic are still to be found. This is followed by injuries and illnesses in manufacturing. Exposure to ergonomic hazards made up the bulk of reported occupational complaints, in particular occupational grievances attributable to prolonged standing up in manufacturing processes comprising 35.51% of all exposures. This was followed by chemical hazard exposure with 25.19% and exposure to physical hazards 23.64%. 6. Occupational Health workers Physicians, nurses, first aid workers, dentists, industrial hygienists provided occupational health services in reporting establishments. While a total of 6,713 health personnel were reported to be engaged or employed during the period under review, only 14.4% had acquired adequate skills training in Occupational Safety and Health. 7. Type of Illnesses/sickness claimed for compensation: The top three diseases claimed for in descending order were: diseases of the genitor-urinary system, circulatory system and skin and subcutaneous tissue. The most prevalent among the diseases of the genito-urinary system was renal failure; for the circulatory system: hypertensive heart disease and stroke; and for skin and subcutaneous tissue, allergic and irritant type of contact dermatitis. 8. Occupational injuries and illnesses survey and reporting requirements need updating and should include emerging hazards/ risks related to new technologies and chemicals, and emphasize reporting of work-related illnesses. In addition, violations of OSH Standards and laws affecting working women, young workers and children need to be highlighted. II. LEGAL FRAMEWORK ON OCCUPATIONAL SAFETY AND HEALTH 9. Workplace safety and health programs in the Philippine are based mainly on four major sets of policies, namely (Box 1): 1) Broad policy statements embodied in the Philippine Constitution that labour shall be entitled to... humane conditions of work... to ensure physical safety and health which in turns translates to 2
social and economic benefits. Conditions of work is a broad term encompassing workplace safety and health and general conditions in the workplace i.e. wages, hours of work. This is subsumed under Article 3 on just and humane terms and conditions of work and is aligned with the principle of decent work i. 2) The Philippine Labor Code devotes Book IV on prevention and compensation of work-related injuries and illnesses, and integrates enforcement of safety and health standards in the entire book on general and OSH administration. 3) The OSH Standards was developed in 978 4) Hazard-specific laws have been enacted. 10. With the Department of Labor and Employment s ( DOLE )s leadership, a whole range of programs is being implemented on prevention, compliance with occupational safety and health standards (OSHS), compensation and rehabilitation and continuous updating of OSHS and related policies. 11. There are also Laws and Regulations which have bearing on the practice of occupational safety and health implementations but are under the jurisdiction of other government agencies (Box 1). Box 1: Laws, regulations implemented and coordinated by other GOs a. DOH: Sanitation Code b. DA: Fertilizer and Pesticides Act c. DENR: RA 6969, Ratification of Stockholm Convention, Chemical Control Order (CCO), Mining Law (small scale and large). The chemicals under CCO are ozone depleting substances, mercury, cyanide, PCBs and asbestos. f. RA 6969 Toxic Substances Act g. RA 9231 Special Protection of Children Against Child Abuse, Exploitation and Discrimination Act h. Republic Act 7920-amending RA 184 (Philippine Electrical Engineering Law of 1995) 12. International Conventions directly or indirectly related to Occupational Safety and Health Practice Ratified by the Philippines Since the Philippines became a member of the International Labor Organization (ILO) in 1948, it has ratified 31 ILO Conventions, including those on 3
OSH and related Conventions the latest of which are the two ILO Conventions on Child Labor. 13. Current initiatives are on the way to study ILO Convention 155 on Occupational Safety and Health and Working Environment and ILO Convention 161 on Occupational Health Services, as well as the new ILO Convention on Agriculture. Regular consultations on policy and program matters are held with labor, management, professional associations and partners and stakeholders 1. 14. The Stockholm Convention on Persistent Organic Pollutants (POPs) was ratified by 146 countries including the Philippines in February2004. A Medium Term Plan to implement the Stockholm Convention has been recently concluded through a series of consultations with multisectors. The lead agency being the Environment Department, in partnership with the Department of Labor and Employment(DOLE) for workplace concerns, the Department of Health for public health concerns, Department of Agriculture for pesticides, and many others like the Science and Technology and the Bureau of Customs, as well as several nongovernmental organizations, underlining the widespread concern of chemical safety in all areas of Philippine life. III. The Programs on Occupational Safety and Health by the OSHC 15. The Training and Public Information of the Occupational safety and Health Center (OSHC), DOLE The OSHC designs, organizes and conducts OSH trainings for a broad range of clientele: government (including those involved in labor standards enforcement), trade unions, employer groups, supervisors and others officers of establishments, professionals like nurses, doctors, engineers, human resource officers, and even workers from underserved sectors like informal businesses, women workers and child laborers. Training program activities related to the design and development of various training modules on OSH The OSHC has several training programs but those specifically focused on chemicals are training on: o Fundamentals of industrial hygiene o Work Environment Measurement o Ventilation o Chemical Safety 16. In addition some trainings are relevant to chemical safety management, i.e training on Basic occupational safety and health (BOSH) and Workrelatedness of Illnesses and Injuries. The OSHC also offers training on BOSH for workers in the informal sector and micro-enterprises. A special 1 This is carried out under the National Decent Work Agenda 4
training is given to program implementers of child labor programs, dealing with the health and safety and implications of hazardous work. As a commitment to the SAICM and IFCS, the OSHC in partnership with the Trade Department, private sector, and other government agencies agreed to undertake a massive awareness raising and capacity building in implementing the Globally harmonized System by 2008. 17. OSHC assistance to specific establishments in imminent danger The clients may request for technical assistance from the Center in writing, except in cases of imminent danger where non-written request would suffice. 18. Work Environment Measurement (WEM) The OSHC conducts regular work environment measurement (WEM) in workplaces throughout the country. WEM includes the identification, understanding, and evaluation of the various environmental hazards that exist in the workplace as well as the recommendation of appropriate control measures to minimize exposure of workers to occupational health hazards. 19. Safety Audit Health and safety audits are conducted on request by both private and public establishments 20. Performance testing of personal Protetcive Equipment (PPEs) Rule 1081.03 of the Occupational Safety and Health Standards mandates that employers shall be responsible for the adequacy and proper maintenance of personal protective equipments including respiratory protection used in the workplace. Regular testing and evaluation of PPE yield valuable information that can help manufacturers design and develop new and better products. 21. Occupational Health Medical services are offered to private companies and government agencies that request for assistance in the early detection, monitoring, and prevention of occupational and lifestyle related diseases. Biologic determination such as the determination of lead concentration and metabolites in the blood of workers in industries with high-risk exposures such as in manufacturing, farming and services sector. The OSHC assists establishments to define their own occupational health programs. This includes the standard provisions of the OSHS as regards health manpower to capability building technical skills ranging from: o Occupational history taking, physical examination, laboratory examinations o Hepatotoxic protocols: health monitoring in a hepatotoxic environment. 5
o Pulmonary toxicology: o Neurotoxicology: o Reproductive Toxicology o Immunotoxicology o Research: - Behavioural research: Knowledge, Attitudes and Practices concerning chemical safety (KAPs) - exposure assessment research 22. Assistance to Proposed Bills, Policies and Conventions on OSH Assistance is given to draft bills and policies through comments, attendance in public hearings and consultations; assistance in development of Implementing Rules and Regulations of OSH-related laws and policies, development of programs to implement draft bills and laws; as well monitoring and evaluating action emanating from such laws and policies. 23. Linkages of Occupational Safety and Health Center with local and international organizations 1) With the ASEAN OSH-NET which is an organization of national centers of occupational safety and health in the ASEAN Member-Countries. It has four priority areas: training, research, information, and standards. Programme coordinators are designated for each of these priority areas. The Philippines is coordinator for the training area. The network provides free training on OSH in small and medium enterprises given by the Philippines and funded by JICA through a third country training program; training safety officers given and funded by the Singapore government. Many other programs are given by Malaysia to participants from other ASEAN countries but the participants will have to fund their own expenses. 2) The International Labour Organization (ILO) through ILO Centre for Information Services (ILO-CIS) works in partnership with the OSHC. 3) The Government of Japan supports two programs through JICA and JISHA: The Japan International Cooperation Agency (JICA) sponsors the above mentioned Third Country Training Programme on OSH for Small and Medium Enterprises, conducted by the OSHC for the past nine years. JICA also invites OSHC s technical staff and participants from other countries to trainings on Biological Monitoring and Work Environment Measurement. The Japan Institute for Safety and Health Association (JISHA) provides training programs in specialized OSH topics from time to time. 4) Active sharing of expertise has been ongoing between the OSHC and other government agencies, through the Interagency on Environmental Health, chaired by the Department of Health, with several professional organizations and NGOs. 6
IV. PRIORITY RECOMMENDATIONS 24. What are specific chemicals management topics which would benefit from a partnership approach involving government, industry, and public interest and labour organizations? Table 1 shows the Action Program which started implementation in 2006. The topics include risk assessment and risk control; GHS, clearing house of information on toxic chemicals and chemical risks in the workplace; sustained risk reduction programmes, and strengthening of national workplace capabilities for management of chemicals. The Philippines is looking for lead agencies and donors for these programs. However, in the absence of immediate commitment from other GOs and NGOs, the Occupational Safety and Health Center of the Department of Labor and Employment has the mandate through Executive Order 307 of 1987 to take the lead. 7
Action Program Medical Surveillance Information Tech Guidelines Pesticides Industrial Chemicals Lead Agency Partners OSHC Phil. College of Occupational Medicine (PCOM), regional Offices of the OSHC Phils labor Dept. TUCP, FFW,Private and public sectors Time Frame From 2006 (initial report can be presented in 2007) From 2006(initial report can be presented in 2007) Training Risk Assessment Research Chemical Safety GHS/ Work-relatedness POPS PICS Qualitative and Quantitative Assessment - Behavioral specifically knowledge, attitudes and practices -databases of industries w/pops -FU of pesticide exposure research among adult workers as well as among child laborers GHS/ Work-relatedness Qualitative and Quantitative Assessment Behavioral specifically knowledge, attitudes and practices for Semiconductor establishments in 20 (?) Export Processing Zones OSHC Phils; DTI- Phils OSHC Phils; OSHC Phils; Workers Organiz ations; Employ er s Groups multisectors From 2005-2010 (initial report can be presented in 2006) Unions, employers, chem. Industry, Japan (Univ. of Occup. And Env. Health and National Institute of Industrial Healthto confirm) Finland (Finnish Institute of Occupational Health), Netherlands PUM Private Sector Japan ILO From 2006 2007 (initial report can be presented in 2007) From 2006-2008 (initial report can be presented in 2007) 8
25. LINKAGES What are practical lessons learned involving industry in addressing important questions of chemicals management? What are opportunities and challenges for engaging industry in partnership projects? How can potential capacity constraints of relevant groups be addressed? What is the role of public interest and labour organizations in chemicals managements? The Department of Labor and Employment has a long standing partnership with its tripartite partners, the workers and the employers in the private sector. The industry has always been involved in all our undertakings whether they be manufacturers, users, consumers of chemicals. The chemical industry is an intermediate activity with much downstream and upstream links with other workplaces including agriculture, mining, manufacturing especially electronics, construction, metals and engineering, packaging, health care, textile, food processing, and in national defense. The capability building program on chemicals whether they be on GHS, or on specific chemicals such as POPS, heavy metals, and others have always been a tripartite plus experience. Plus here refers to the NGOs, other government agencies, academe and professional organizations as well as the civil society. 2 26. The National Profile on occupational safety and health recently completed (March 2006) served as background for the development of a comprehensive and integrated national OSH Plan, which was then translated into a Medium Term plan of 2006 to 2010. 2 Department of Labor and Employment s Regional offices, Workers groups (TUCP and FFW), Employers groups (ECOP), Interagency Committee on Environmental Health, partnerships with private sector: Memoranda of Agreement with with Bayer and CropLife, Chemical Industry Association of the Philippines, Task Force to implement the Globally Harmonized System (GHS) led by the Board of Investments, Department of Trade and Industry, Department of Science and Technology,National Poison and Information Center, University of the Philippines,Department of Energy 9
REFERENCES 1. Report of the Fourth International Forum on Chemical Safety 2. Philippine Chemical Industries Fact Book and Directory: 4 th Edition, Chemical Industries Association of the Philippines 3. Hazardous Materials Toxicology: Clinical principles of Environmental Health, edited by Sullivan, JB, and Krieger, GGR, Williams and Wilkins, 1992 4. Guidelines on Risk Assessment, Ministry of Manpower, Singapore 5. Graham, J: 2003?) Improving Chemical Risk Assessment, Harvard School of Public Health, Regulation, The CATO Review of Business and Government 6. Proceedings of the International Conference on Occupational and Environmental Exposures of Skin to Chemicals: Science and Policy, September 8-11, 2002 Hilton Crystal City 7. Five Steps to Risk Assessment, HSE, 2003 8. A Guide to Risk Assessment Requirements, HSE, 2003 9. Global Strategy on Chemical Management, 2006 10. Global Plan of Action, 2006 11. First International Chemical Safety Conference, Dubai, 2006 12. National Profile on Occupational Safety and Health, Philippines, March 2006 13. National Comprehensive and Integrated Occupational Safety and Health Plan, March 2006, Philippines 14. National Medium Term Plan on Occupational Safety and Health, April, 2006, Philippines i Philippine Constitution of 1986 10