Probe ammonia-related incidents, penalize violators

The Institute for Occupational Health and Safety Development (IOHSAD) calls on the Labor Department to immediately release results of previous Occupational Safety and Health (OSH) inspections into workplaces involved in three recent ammonia-related incidents, conduct strict investigation into the incidents, and penalize the violators based on the provisions of the Occupational Safety and Health Law.

The incidents are further proof that regular workplace inspection should not have been discontinued despite the pandemic, as essential industries continue to operate. Workers not only risk getting infected by Covid-19, but also risk being injured, sick or even killed due to uncorrected hazards in workplaces.

Wear and tear in the ammonia storage tank in Navotas or the pipes in Malabon, and the improper disposal of ammonia in Batangas, as shown by the preliminary investigations, could have been avoided had there been strict employer compliance with and strict government implementation of guidelines on these matters.

In just two days, the country has witnessed three separate ammonia-related incidents near residential areas that resulted in the evacuation, injuries and death of workers and their families.

– 3,000 families were displaced, 96 people were hospitalized, and two workers died from the T.P Marcelo Ice Plant and Cold Storage tank explosion in Navotas.

– The Environmental Management Board or EMB cried foul as plants withered and fish died from Pantoja Ice Plant’s ammonia leak and dumping of ammonia into rainwater canals in Batangas.

– Residents complained as a strong, foul odor escaped from the Ice and Water Shop Tube Ice Maker ammonia pipe leak in Malabon.

Ammonia is a burn-inducing, moisture-absorbing, flammable and explosive chemical used as pesticide or refrigerant in ice plants. In small amounts, it can cause headaches, loss of sense of smell, nausea, and vomiting but in significant amounts (more than 50 parts per million), it can cause irritation to the nose, mouth and throat. It can even be fatal in concentrations as high as 300-500 parts per million.

As a hazardous chemical, ammonia’s use is guided by OSH Standards. Its waste management is covered by Republic Act 6969 or the “Toxic Substances and Hazardous and Nuclear Wastes Control Act” and its IRR, namely Department of Environment and Natural Resources Administrative Order No. 29-92.

The said rules state that tanks for anhydrous ammonia must be distant from other buildings, fire hazards and traffic, must be protected against solar heat and mechanical damage, and must not be more than 4/5 full.

The waste generator is considered responsible for the proper management and disposal of ammonia. He or she shall submit to the DENR contingency plans to mitigate and combat spills and accidents involving the chemical. The DENR will then evaluate these plans according to its guidelines. He or she shall also train personnel on the implementation of the said plan, as well as the hazards posed by improper management of the chemical substance. The employers’ accountability should also be investigated.

In addition, according to Republic Act 11058: An Act Strengthening Compliance with OSH Standards and Providing Penalties for Violations Thereof, all workplaces should be subjected to annual spot labor inspections. A daily fine of not more than PhP 100,000 shall then be imposed for willful failure or refusal until full compliance is met.

The incidents show that imposing fines is not enough to prevent work-related accidents from happening. Amidst these tragedies that claim workers’ lives, endanger the public and destroy the environment, workers advocates are calling for the criminalization of OSH standards violations. Money will never suffice to pay for lives lost because of preventable incidents.

It is unacceptable to lose lives over incidents that are preventable. It is even more enraging to see non-compliance tolerated by the law. The government should not wait for another tragedy as large as the Kentex factory fire in order to realize that stronger policies for worker protection should be implemented.

Workers’ health and safety cannot take a back seat in supporting the economy. A healthy and protected work force will boost productivity and keep industries running. As long as the government continues to neglect occupational health and safety, workers’ lives and the environment will continue to be at risk because of non-compliant corporations.

References:

  1. Cabico, GK (2021). Ice plant must shoulder victims’ hospitalization over ammonia leak — Navotas mayor retrieved Feb 5, 2021 from https://www.philstar.com/nation/2021/02/04/2075306/ice-plant-must-shoulder-victims-hospitalization-over-ammonia-leak-navotas-mayor
  2. Ganzon-Ozaeta, T. (2021). Environment Bureau investigates ammonia leak in Batangas ice plant. Retreieved February 5, 2021 from https://www.rappler.com/nation/environment-bureau-investigates-ammonia-leak-batangas-ice-plant
  3.  Balagtas, C. (2021) Another ammonia leak incident reported in Malabon. Retrieved Feb 5, 2021 from https://tribune.net.ph/index.php/2021/02/05/another-ammonia-leak-incident-reported-in-malabon/
  4. US Environmental Protection Agency Region 7 (2015). Accident Prevention and Response Manual for Anhydrous Ammonia Refrigeration System Operators. Retrieved February 5, 2021 from https://www.epa.gov/sites/production/files/2015-05/documents/accident_prevention_ammonia_refrigeration_5-20-15.pdf
  5. Canadian Centre of Occupational Health and Safety  (2017).  OSH Answers Fact Sheet: Ammonia. Retrieved February 5, 2021 from https://www.ccohs.ca//oshanswers/chemicals/chem_profiles/ammonia.html
  6. Occupational Safety and Health Standards as amended
  7. Department of Environment and Natural Resources Administrative Order 29-92: Implementing Rules and Regulations of Republic Act 6969
  8. Department of Labor and Employment Department Order 198: Implementing Rules and Regulations of Republic Act 11058
  9. Garcia, M. (2021). Ammonia leak incident leaves some Navotas folk traumatized. Retrieved February 5, 2021 from https://www.gmanetwork.com/news/news/metro/774669/ammmonia-leak-incident-leaves-some-navotas-folk-traumatized/story/

Skyway accident: govt accountability, OSH reforms needed — IOHSAD

The recent Skyway accident further exposes the Duterte government’s longstanding disregard for occupational safety and health (OSH). It also highlights the urgent need to conduct OSH investigation and inspection on all workplaces even under the current community quarantine.

The Philippines has had a poor track record in upholding OSH standards, with our compliance rates ranging from 88% at best and 64% at worst [1]. This track record has caused many workplace accidents and deaths and the struggles against these fueled legislation to uphold OSH. These struggles gave birth to what we know now as Republic Act No. 11058 entitled “An Act Strengthening Compliance with Occupational Safety and Health Standards and Providing Penalties for Violations Thereof” in 2018.

However, the implementation of Department Order 198 titled “Implementing Rules and Regulations of Republic Act No. 11058” did not improve the status of OSH in the country. Our OSH compliance even dropped to 67.50% in 2018 and reached an all-time low at 34.17% this year[2].

Crucial elements of OSH remain overlooked with most enterprises still without first-aiders, the appropriate number of Occupational Health Personnel and facilities, and the mandatory 8-hour annual refresher course for these individuals[2]. Inspection remains a challenge, with only 597 labor inspectors and 34 labor auditors[3] for around 900,00 private establishments nationwide[4]. Non-fatal occupational injuries increased to 20,328 in 2018 from 17,703 in 2015 while deaths from occupational accidents climbed to 469 in 2018 from 156 in 2015[5,6].

It is evident that companies continue to sacrifice worker welfare for the sake of production deadlines and profits without fear of retaliation from the law. Administrative fines are not enough! Our workers deserve better!

In the end, it is the struggle of workers and the public that will force enterprises and the government to uphold OSH and ultimately protect the health and lives of the country’s workers. Let us demand a thorough investigation of workplace accidents, accurate inspection of all workplaces, and criminalization of OSH violators!

A life lost from a preventable event is one death too many. Call for #SafeWorkplacesNow!

[1] Public Hearing on Occupational Safety and Health, Senate, August 2019

[2] Department of Labor and Employment, Bureau of Working Conditions (2020). Labor Inspection Report. Retrieved November 23, 2020 from http://www.bwc.dole.gov.ph/…/Jun2020/Phil_Jun2020.pdf

[3] Department of Labor and Employment (2020). Administrative Order No. 06 Series of 2020. Retrieved November 23, 2020 from https://bwc.dole.gov.ph/…/AO_06_20…

[4] Department of Labor and Employment (2020). Labor inspection of establishments resumes. Retrieved November 23, 2020 from https://www.dole.gov.ph/…/labor-inspection-of…/

[5] Philippine Statistics Authority (2020). 2017/2018 Integrated Survey on Labor and Employment[6] Philippine Statistics Authority. BLES Integrated Survey/Occupational Injuries Survey/Integrated Survey on Labor and Employment