24 November 2021
The Covid-19 pandemic has overshadowed other major diseases worldwide, including tuberculosis (TB), which remains to be a serious concern in the country. According to a World Health Organization Report (which was quoted in the Department of Health’s website), in 2019, the Philippines had the highest TB incidence in Asia with 554 cases for every 100,000 people.
Approximately, 74 Filipinos died of TB everyday in 2019. Then, in 2020, TB was again among the top 10 causes of death in the country, as reported by the Philippine Statistics Authority.
Republic Act 10767, or the Comprehensive Tuberculosis Elimination Plan Act of 2016, defines TB as “an infectious but curable disease caused by bacteria called Mycobacterium tuberculosis.” It is transmitted from a TB patient to another through coughing, sneezing and spitting and while the bacterium usually affects the lungs, it may also affect the bone and other organs like the kidney and the liver (Section 3(b) of RA 10767).
Recognizing the need to include TB prevention, diagnosis and treatment in workplace programs, the Department of Labor and Employment Department (DOLE) in 2005 issued DOLE Order 73-05 entitled “Guidelines for the Implementation of Policy and Program on the Tuberculosis (TB) Prevention and Control in the Workplace.” In essence, the said DOLE Order mandates all private establishments, workplaces and work sites to formulate and implement a TB prevention and control policy and program (TB policy).
The TB policy shall be made an integral part of the enterprise’s occupational safety and health program. The workplace health and safety committee shall be responsible for overseeing the implementation of the TB policy (Section B-2 of DOLE Order 73-05).
The TB policy shall include, among others, the following components: Prevention, treatment, rehabilitation, restoration to work and social policies.
Programs on TB advocacy, education and training shall be carried out in the workplace. The employer shall provide information on the nature, frequency, transmission, treatment of TB and control and management of TB in the workplace. For instance, workers must be given proper information on ways of strengthening their immune responses against TB infection, i.e., information on good nutrition, adequate rest, avoidance of tobacco and alcohol, and good personal hygiene practices (Section C-1.2).
To ensure that contamination from TB airborne particles is controlled, workplaces must provide adequate and appropriate ventilation. Likewise, there should be adequate sanitary facilities for workers. The number of workers in a work area shall not exceed the required number of workers for a specified area and shall observe the standard for space requirement (Sections C-1.3.1 and C-1.3.2).
The employer is also mandated to report all diagnosed cases of TB to the DOLE using an appropriate form, i.e., the Annual Medical Report. This information shall be a part of the TB Registry of the Department of Health. This notwithstanding, the employer shall ensure confidentiality of the health status of its employees and the access to medical records shall be limited to authorized personnel (Section C-3.1).
Workers who have or had TB shall not be discriminated against. There shall be no discrimination of any form against employees from pre- to post-employment, including hiring, promotion, or assignment, on account of their TB status. Instead, they shall be supported with adequate diagnosis and treatment, and shall be entitled to work for as long as they are certified by the company’s accredited health provider/facility as medically fit and shall be restored to work as soon as their illness is controlled (Section C-4.1).
Through agreements made between the management and workers, work accommodation measures to accommodate and support workers with TB is encouraged. The management and workers may agree on flexible leave arrangements, rescheduling of working times, and arrangements for return to work (Section C-4.2).
Workers who have symptoms of TB shall seek immediate assistance from their health service provider. Similarly, those at risk, i.e., those with family members with TB, shall do the same (Section C-5.1).
The company shall establish a referral system and provide access to diagnostic and treatment services for its employees. The company shall make arrangements with the nearest treatment facility. Once diagnosed, employees shall avail of and adhere to the prescribed course of treatment.
The Bureau of Working Conditions and the DOLE Regional Offices, through their labor inspectors, shall enforce DOLE Order 73-05 (Section C-7.2).
First published on The Daily Tribune.
For further information, please contact:
Nilo T. Divina, Managing Partner, DivinaLaw
nilo.divina@divinalaw.com
