On May 1, 2020, the Department of Trade and Industry (DTI) and the Department of Labor and Employment (DOLE) promulgated the Interim Guidelines on Workplace Prevention and Control of Corona Virus Disease 2019 (COVID-19) (“Interim Guidelines”) for the observance of businesses in their respective workplaces.
Here is a quick guide (Frequently Asked Questions) on the protocols prescribed by the DTI and DOLE in order to prevent and control COVID-19 in the workplace as of May 20, 2020. In relation to the Interim Guidelines, this quick guide also answers basic labor issues on wage policies and flexible work arrangements that may be considered and implemented by employers to mitigate the economic impact of the COVID-19 in their business operations.
A. DUTIES AND RESPONSIBILITIES OF EMPLOYERS
1. What should employers provide to their employees in the workplace to prevent and control COVID-19?
Employers should readily provide the following items to their employees in the workplace:
Appropriate face masks for workers. Should cloth masks be used, the washable type shall be worn but additional filter material such as tissue papers inside the masks may be added.
Alcohol and sanitizers at the workplace entrance, corridors, conference rooms and areas where workers pass, and disinfectant foot bath at the entrance, if practicable
Sufficient clean water and soap in all washrooms and toilets
2. Can employers deduct the costs of the face masks, alcohol, sanitizers, and similar COVID-19 paraphernalia from the salaries of their employees?
No, the employers cannot deduct the cost of face masks, alcohol, sanitizers, and other COVID-19 paraphernalia from the salaries of their employees. This is clarified in the DOLE Labor Advisory No. 18, Series of 2020 dated 16 May 2020.
3. Who are the workplace personnel primarily in charge of COVID-19 related concerns?
The following workplace personnel shall be primarily in charge of implementing the workplace protocols to prevent and control COVID-19 in the workplace:
Safety officer- in charge of monitoring COVID-19 prevention and control measures such as physical distancing, wearing of masks, regular disinfection, compliance to thermal scanning, and accomplishing health symptoms questionnaire.
Clinic Staff- in-charge of assessing workers health questionnaire as well as those held in isolation area. They shall be provided with the appropriate medical grade PPEs by the establishment which shall include but not limited to, face masks, googles/face shields, and/or gloves
Roving officers, if necessary or practicable, to instill observance of physical distancing.
In case the workplace has no existing personnel fulfilling the above-mentioned designations, the employer is advised to immediately assign personnel for these roles.
4. What is an “isolation area”?
It is a designated area for an employee whose body temperature is above 37 °C or health conditions that may be attributable to COVID-19. The isolation area should be well-ventilated and must be disinfected frequently. It should be situated near the entrance of the workplace or far from the work stations or work premises.
5. What should be done if an employee is suspected to have COVID-19?
The following protocols shall be observed if an employee is suspected to have COVID-19:
The employee shall immediately proceed to the isolation area for attention of the clinic personnel. If necessary, transport the suspected employee to the nearest hospital. Observe established company protocols for transport of suspected COVID-19 cases and COVID-19 testing.
The employer shall suspend work for the decontamination of the workplace.
Decontaminate the workplace with appropriate disinfectant.
Work can resume after twenty-four (24) hours.
Workers present in the work area with the suspect COVID-19 employee shall go on fourteen (14) days home quarantine. The clinic staff shall monitor symptoms and possible next steps. If suspect COVID-19 worker has negative result, co-workers may be allowed to report back to work.
6. What if an employee is sick or has fever but is not suspected of having COVID-19.
The employer must advise the employee to take the following prudent measures:
Stay at home and keep away from work and crowds;
Take adequate rest and plenty of fluid;
Practice personal hygiene;
Seek appropriate medical care if there is persistent fever, when difficulty of breathing starts or when the employee becomes weak.
7. Are employers required to conduct COVID-19 testing for their employees?
No. COVID-19 testing shall only be required for those employees who are suspected of having COVID-19. The company, at its option, may decide to implement COVID-19 testing for all its employees but it shall first consult its employees and it shall formulate a company policy on COVID-19 testing in conformity with the Department of Health protocols. The company shall also shoulder all the expenses related to the COVID-19 testing.
While some local ordinances are requiring mass testing for establishment before their operations resume, note that as of this writing, the national government is consistent with its opinion that businesses are not required to conduct a mass testing of their employees before they resume operations.
8. Are employers required to provide shuttle services and/or accommodation on near-site location to its employees to exposure to COVID-19?
No. While the Interim Guidelines included these possible measures, they may be adopted only when feasible. Further, in an interview with the Department of Trade and Industry Secretary Ramon on 16 May 2020, he clarified that the employers may provide shuttle services for their employees especially since public transportation is not yet available in places under the Modified Enhanced Community Quarantine but they are not required to do so.
9. Are employers required to provide health insurance coverage to their employees?
No. While the Interim Guidelines state that employers may enhance health insurance provisions for their workers, securing a health insurance provider to cover the medical needs of their employees is not mandatory.
10. What are alternative work arrangements?
These are various work schemes such as work-from-home arrangement, personnel shifting, reduced work week, and work rotation system, agreed upon by the employers and workers to prevent and control COVID-19 in the workplace.
11. Are employers required to adopt alternative work arrangements?
In general, employers are not required to adopt alternative work arrangements but they are encouraged to do so, if feasible and if their industries are allowed to operate under the applicable community quarantine guidelines (Enhanced Community Quarantine, Modified Enhanced Community Quarantine, General Community Quarantine, and Modified General Community Quarantine) in their respective locations.
12. Are employers required to pay the salaries of their employees who are working under alternative work arrangements?
It depends on the kind of alternative work arrangement being employed. As long as work is performed, such as in the case of a work-from-home arrangement, the employer is required to pay their employees who are rendering work.
13. What are the requirements, if any, in order for employers to validly implement alternative work arrangements?
The employer is required to secure the consent of the employees to the alternative work arrangement. The employer shall then notify the DOLE Field Office or Regional Office of the alternative work arrangement prior to the implementation. It is advised that the employer must first contact the relevant DOLE field office or regional office to inquire on the appropriate form to be submitted and if the office can accommodate submissions via electronic mail.
14. Can an employer implementing a work rotation scheme implement a “No Work, No Pay” Policy for those days when the employees are not required to render work?
Yes. For those days that the employees are not in work rotation and are not required to render work, the employer may adopt the “No Work, No Pay” policy.
15. Can the employer adjust the wage and other wage-related benefits of the employees in order to mitigate the economic impact of COVID-19 and the community quarantines in its business operations?
Yes, the employer and the employees may agree voluntarily and in writing to temporarily adjust employees’ wage and wage-related benefits. The adjustment in wage and/or wage-related benefits shall not exceed six (6) months or the period agreed upon in the collective bargaining agreement (CBA), if any. After such period, the employer and the employees shall review their agreement and may renew the same. (Sec. 5, DOLE Labor Advisory No. 17, Series of 2020 dated 16 May 2020 and promulgated on 18 May 2020)
16. Is the employer liable to pay for the internet connection, electricity, and other utilities and expenses claimed to have been consumed by an employee under a work-from-home arrangement?
No. The employer cannot be held liable for the cost of utilities of the employee especially because it is impossible to determine the exact amount spent by the employee on utilities that are wholly attributable to the work the employee has done at home. However, the employer may consider providing stipend or allowance as a form of financial assistance to the employee.
17. What is the Work Accident Illness Report?
It is a monthly report prepared and submitted by the employer to the DOLE through its appropriate Regional Office documenting the illness, diseases or injuries of its employees. The employer is also required to furnish the Department of Health of a copy of the report.
18. What are the other duties and responsibilities of employers under the Interim Guidelines?
The employers are also mandated to implement the following measures to prevent and control COVID-19 in the workplace:
Provide resources and materials to keep workers healthy and the workplace safe in addition to those already enumerated such as emphasizing to all workers the everyday actions to stay healthy, provision for free medicines and vitamins, and referral of workers needing counselling or those presenting with mental health concerns
Establish company protocols for transport of suspect COVID-19 cases to hospitals and for COVID-19 testing
Establish a COVID-19 Hotline and Call Center for employees to report if symptomatic and daily monitoring scheme of “suspect” employee condition
B. PROTOCOLS TO BE OBSERVED IN THE WORKPLACE
19. What are the protocols to be observed prior to entry in the workplace?
Prior to entry in the workplace, employees shall be subjected to the following protocols:
Mandatory wearing of face masks at all times. The face mask can only be removed when eating/drinking.
Spray alcohol/sanitizers, and disinfectant foot bath, if practicable.
Accomplish the health symptoms questionnaire in the case of the employees or the visitor’s checklist in the case of visitors. Submit the questionnaire or checklist to the guard or designated safety officer prior to entry
No-contact temperature scan.
If applicable, equipment or vehicle entering the hub operational area must go through a disinfection process; and
If there will be a long queue outside the office or store premises, roving officers should instill physical distancing of one meter.
20. What are the protocols to be observed for visitors or guests of the work establishment?
Visitors shall be required to wear face masks at all times. They shall be required to disinfect, including foot bath if practicable. Prior to their entry to the work establishment, they shall be required to accomplish the Visitor’s Health Checklist Form. They shall be subjected to a no-contact temperature scan and their temperature shall be recorded in the form.
21. What should be done if the recorded temperature is higher than 37°C?
In the case of an employee, if the recorded temperature is higher than 37.5°C, allow the employee to rest for 5 minutes and subject him or her to another temperature scan. If the temperature is still higher than 37.5C, direct the employee to the isolation area. The employee shall not be allowed to enter the work premises.
In the case of visitors, the visitor shall not be allowed to enter the work premises.
22. What are the protocols to be observed inside the workplace?
The following protocols shall be implemented inside the workplace to prevent and control COVID-19:
All work areas, eating areas, conference rooms, canteens, kitchens and frequently handled objects such as door knobs and handles shall be cleaned and disinfected at least one every two (2) hours or every after use.
Alcohols, sanitizers, sufficient clean water, and soap shall be readily be accessible to all employees.
Employees shall at all times practice physical distancing at a radius of at least one (1) meter.
Office tables should be arranged in order to maintain physical distancing. Barriers may be provided between tables.
Workstation layout should be designed to allow for unidirectional movement in aisles, corridors, or walkways.
Limit the number of people inside enclosed spaces such as rooms, halls, stores, or elevators. Observe physical distancing.
Limit face-to-face interaction between workers and clients. Online system such as videoconferencing shall be highly encouraged.
Use of stairways is encouraged. If more than two (2) stairways are accessible, one stairway may be used exclusively for going up and another for going down.
Eating in communal areas is discouraged. It is best to eat in individual work areas.
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