21 March, 2020
Recent developments
Republic Act No. 11036, also known as the "Mental Health Act" became effective on 5 July 2018. The Mental Health Act required employers to develop appropriate policies and programs on mental health issues, correct the stigma and discrimination associated with mental conditions, and identify and provide support for individuals with mental health conditions.
On 11 February 2020, the Department of Labor and Employment (DOLE) issued Department Order No. 208, Series of 2020 (DO 208-20) to serve as guidelines for all workplaces and establishments in the private sector to implement a Mental Health Workplace Policy and Program.
What the law says
It is mandatory for all workplaces and establishments to formulate a Mental Health Workplace Policy and Program.
Employers shall:
- Develop, implement, monitor and evaluate mental health workplace policies and programs. [Note: Employers may link up or coordinate with mental health service providers for assistance.]
- Develop and implement programs with reporting mechanisms to address and prevent problems on bullying, verbal, sexual and physical harassment, all forms of work-related violence, threats, shaming, alienation, and other forms of discrimination which may lead to a mental health problem and shall not themselves engage in the above mentioned.
- Ensure that there are adequate resources to implement and sustain mental health workplace programs.
- Provide the necessary training to the occupational safety and health (OSH) personnel and Human Resources Offices who will develop, implement and monitor the mental health workplace policies and programs.
- Provide the necessary work accommodation when needed.
- Develop mechanisms for referral of workers at risk of developing or with mental health condition for appropriate management.
- Ensure compliance to all requirements of existing legislations and guidelines related thereto.
Implications for employers and contractors
Labor enforcement officers during a labor audit may construe the absence of a Mental Health Workplace Policy and Program as failure to formulate and implement a comprehensive safety and health program or failure to comply with other occupational safety and health standards. An administrative fine amounting to PhP 40,000 may be imposed against the erring employer.
Conclusion
In view of this development and together with the government's objective to impose stricter rules in ensuring the safety and health of workers, employers and contractors are under greater scrutiny by the DOLE, particularly during labor inspections. Employers or contractors should take a pro-active stance by (1) being updated with recent labor legislations applicable to its industry, (2) reviewing its current policies, and (3) aligning its current practices and policies based on recent legislations.
In this regard, employers and contractors should revisit and scrutinize existing occupational safety and health programs to determine whether such programs are in compliance with the requirements of DO 208-20.
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