Minimum public health rules for businesses: A recap

In the said Advisory, DoLE and DTI make reference to previous issuances that they remind are still in place. Two of such issuances mentioned in the said Advisory are DoH Administrative Order (“A.O.”) 2020-0015 and DTI-DoLE Joint Memorandum Circular (“M.C.”) 20-04-A which establish the main guidelines on risk-based public health standards for Covid-19 mitigation across all settings, with the M.C. providing guidelines specifically for offices and workplaces, to achieve the DoH’s objective of increasing physical and mental resilience, reducing transmission of Covid, reducing contact, and reducing the duration of infection.

For offices/workplaces, the A.O. provides that employers must: Remind their employees to practice respiratory and disinfecting etiquette as well as to observe social distancing, provide masks, tissue, hygiene, and disinfection supplies and equipment within easy reach in workspaces, provide mental and psychosocial support which may be done by referring the concerned employee to public and private institutions that provide counseling, promote work-life balance through proper scheduling, provide alternative work arrangements especially to high-risk employees such as those of advanced age or pregnant, limit face-to-face meetings, subject employees to temperature checks and daily monitoring for symptoms.

Meanwhile, DTI-DoLE JMC 2020-04, as mentioned above is the more specific issuance for Covid-19 mitigation in private establishments which provides guidelines for compliance by employers to ensure the safety of their employees through, as with the above A.O., provision of hygiene and disinfection supplies and equipment, a clean and well-ventilated workplace, monitoring for symptoms, mental and psychosocial support, and setting of rules and guidelines to reduce contact and infection among its employees.

Another issuance mentioned in the said Advisory is Department Order (“D.O.”) 198-18, the implementing rules and regulations for Republic Act 11058 or the new Occupational Safety and Health (“OSH”) law. The D.O. while not Covid-19 specific, was strictly implemented during the peak of the pandemic. The IRR is lengthy and requires deep review due to the different rules it lays down for the covered workplaces and establishments but, basically and at a minimum, mandates for the assignment of a safety officer for the workplace who is expected to undergo and be equipped with safety and health training and the submission of OSH safety and health reports to the DoLE. To enforce the provision of the OSH law, the D.O./IRR lays down a schedule of administrative fines for non-compliant establishments that refuse or fail to comply with any of the pertinent minimum public health and safety standards and protocols.

Finally, D.O. 224 provides for guidelines on ventilation for workplaces and public transport to prevent and control the spread of Covid-19 which basically reminds commercial and industrial establishments to provide adequate ventilation within their workplaces as a preventive measure against the spread of Covid-19.

The Advisory further notes that there may be other applicable sector-relevant guidelines that should be researched and reviewed by the relevant establishments for observance. Of course, general regulations and protocols of the Inter-Agency Task Force should also be regularly reviewed for compliance.

Whether the current surge is the last hurrah or a sign of things yet to come, establishments are reminded not to be complacent and to strictly follow the guidelines provided by the government, not just for the protection of their employees and customers but also for their own protection, as well.