1|Labor Law Review Midterms Study Guide

BOOK FOUR HEALTH, SAFETY AND SOCIAL WELFARE BENEFITS Definitions 1. First-aid treatment - adequate, immediate and necessary medical and dental attention or remedy given in case of injury or sudden illness suffered by a worker during employment, irrespective of whether or not such injury or illness is work-connected, before more extensive medical and/or dental treatment can be secured. It does not include continued treatment or follow-up treatment for an injury or illness. 2. Workplace - the office, premises or work site where the workers are habitually employed and shall include the office or place where the workers who have no fixed or definite work site regularly report for assignment in the course of their employment. 3. First-aider - any person trained and duly certified as qualified to administer first aid by the Philippine National Red Cross or by any other organization accredited by the former. 5 instances where a place is considered hazardous: 1. Where the nature of the work exposes the workers to dangerous environmental elements, contaminations or work conditions including ionizing radiations, chemicals, fire, flammable substances, noxious components and the like. 2. Where the workers are engaged in construction work, logging, fire-fighting, mining, quarrying, blasting, stevedoring, dock work, deep-sea fishing and mechanized farming. 3. Where the workers are engaged in the manufacture or handling of explosives and other pyrotechnic products. 4. Where the workers use or are exposed to heavy or power-driven machinery or equipment. 5. Where the workers use or are exposed to power-driven tools. # OF EMPLOYEES 10 - 50 More than 50, less than 200 More than 200, less than 300 HAZARDOUS Graduate first-aider Full-time registered nurse Full-time registered nurse Part-time physician Part-time dentist Emergency clinic NON-HAZARDOUS Graduate first-aider Graduate first-aider Full-time registered nurse Part-time physician Part-time dentist Emergency clinic Full-time registered nurse Part-time physician Part-time dentist

More than 300

Full-time nurse Full-time physician Full-time dentist Dental clinic Infirmary or emergency hospital with one-bed capacity for every 100 workers** ** The requirement for an emergency hospital or dental clinic there is a hospital or dental clinic which is 5 kilometers from within 25 minutes of travel. Q Who has the responsibility of enforcing safety and health laws? A The Department of Labor

shall not be applicable in case the workplace or is accessible

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Q Are chartered cities allowed to conduct industrial safety inspection? A Yes, if the establishment to be inspected is within its jurisdiction and they have adequate facilities and personnel for the purpose. They shall be under the national standards established by the Department of Labor. ************************************************************************************************ Definitions 1. Employee - any person compulsorily covered by the GSIS under Commonwealth Act Numbered One hundred eighty-six, as amended, including the members of the Armed Forces of the Philippines, and any person employed as casual, emergency, temporary, substitute or contractual, or any person compulsorily covered by the SSS under Republic Act Numbered Eleven hundred sixty-one, as amended. 2. Dependents - the legitimate, legitimated or legally adopted or acknowledged natural child who is unmarried, not gainfully employed, and not over twenty-one (21) years of age or over twenty-one (21) years of age provided he is incapacitated and incapable of selfsupport due to a physical or mental defect which is congenital or acquired during minority; the legitimate spouse living with the employee and the parents of said employee wholly dependent upon him for regular support. 3. Beneficiaries - the dependent spouse until he/she remarries and dependent children, who are the primary beneficiaries. In their absence, the dependent parents and subject to the restrictions imposed on dependent children, the illegitimate children and legitimate descendants, who are the secondary beneficiaries. 4. Appliances - crutches, artificial aids and other similar devices. 5. Supplies - medicine and other medical, dental or surgical items. 6. Physician - any doctor of medicine duly licensed to practice in the Philippines, an active member in good standing of the Philippine Medical Association and accredited by the Commission. POLICY AND DEFINITIONS (166-167) 2 components of coverage: For the injury and the resulting disability or death to be compensable, the injury must be the result of accident arising out of and in the course of employment. Arising out of refer to the origin or cause of the accident and are descriptive of its character. In the course of refer to the time, place, and circumstances under which the accident takes place.

Off-premises injury Suffered while employee is going to, or coming from, the workplace. Compensable if the ff conditions are established: o The act of the employee of going to, or coming from, the workplace must have been a continuing act, that is, he had not been diverted from it by another activity, and he had not departed from his usual route to, or from, his workplace. o Regarding an employee on special errand, the special errand must have been official and in connection with his work.

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24-hour duty doctrine For the purpose of determining compensability of injury or death, soldiers and policemen and even firemen by the nature of their work may be considered on duty round-the-clock. It relaxes the workplace factor, but it does not dispense with the work-connection requisite. Case: GSIS vs. CA and Alegre (Moonlighting Policeman) The 24-hour duty doctrine, as applied to policemen and soldiers, serves more as an after-the-fact validation of their acts to place them within the scope of the guidelines on compensability rather than a blanket license to benefit them in all situations that may give rise to their deaths. The 24-hour duty doctrine should not be sweepingly applied to all acts and circumstances causing the death of a police officer but only to those which, although not on official line of duty, are nonetheless, basically police service in character. Case: Hinoguin vs. ECC (Arising out/in the course of employment) Killed by a companion who accidentally touched the trigger of hs M-16 riffle. Death of Hinoguin arose of and in the course of his employment as a soldier on active duty status in the AFP and, hence, compensable. The concept of a workplace cannot always be literally applies to a soldier in active duty status. Such soldier is really on duty 24 hours a day. A soldier should be presumed to be on official duty unless he is shown to have clearly and unequivocally put aside that status or condition conditionally (approved vacation leave). Case: Valeriano vs. ECC and GSIS (24-hour duty doctrine requires work-connection) Valeriano was not able to demonstrate solidly how his job as a fire truck driver was related to the injuries he had suffered. He was not doing an act within his duty and authority as a fire truck driver, or any other act of such nature, at the time he sustained his injuries. There is no reasonable connection between his injuries

Dual purpose doctrine The dual purpose doctrine considers as compensable an injury that an employee sustains while on a trip undertaken for the benefit of the employer even if in the course thereof the employee pursues also a personal purpose. Q When is sickness compensable? A For sickness and the resulting disability or death to be compensable, the sickness must be a result of an occupational disease listed in the Rules. Q Is cancer compensable? A Generally, NO. However, if is shown that a particular form of cancer is caused by specific working conditions (chemical fumes, nuclear radiation, asbestos dust) and it increases the risk of contracting the disease, then it is compensable.