Title
DOLE Hepatitis B Workplace Policy Guidelines
Law
Dole Department Advisory No. 05
Decision Date
Jan 4, 2011
DOLE Department Advisory No. 05 mandates private sector workplaces to implement a comprehensive Hepatitis B policy and program, ensuring non-discrimination, education, vaccination, and safe working conditions for all employees, particularly those at higher risk of exposure.

Questions (DOLE DEPARTMENT ADVISORY NO. 05)

It provides guidelines for the implementation of a workplace policy and program on Hepatitis B to reduce transmission risk and eliminate discrimination against Hepatitis B–positive workers.

All workplaces in the private sector, including their supply chain.

Yes. The advisory states it is mandatory for all private workplaces to have a policy on Hepatitis B and implement a workplace program.

The advisory requires collaborative efforts from management and worker representatives in the development and implementation of the workplace policy and program.

In organized workplaces, the policy and program shall be included as provisions of the Collective Bargaining Agreements (CBAs).

To provide all workers with accurate, updated information on Hepatitis B, including transmission, prevention, diagnosis, treatment/referral, workplace policy, and human rights/worker rights, and to extend IEC to contractors/supply chain, workers’ families, and communities.

Examples include: (1) magnitude of the Hepatitis B epidemic (disease, transmission, diagnosis, treatment and referral), (2) prevention of Hepatitis B infection, (3) basic human rights and rights of workers, (4) impact of illness on individual/family/community/workplace, and (5) salient features of national laws and policies related to Hepatitis B and blood-borne pathogens.

The advisory encourages providing Hepatitis B immunization for all workers; however, for occupations with conceivable risk of workplace transmission (e.g., health care workers and workers with potential exchange of bodily fluids), vaccination is required.

Employers should provide adequate hygiene facilities, proper containment and disposal of infectious materials, provide personal protective equipment (PPE) for workers in high-risk occupations at all times, and train workers to follow standard/universal precautions.

Health care-related establishments and those whose workers are exposed to potentially contaminated blood/body fluid while in the workplace should adhere to protocols developed or endorsed by the DOH.

There must be no discrimination of any form based on Hepatitis B status—from pre to post-employment (including hiring, promotion, or assignment). Workers should not be terminated based on actual, perceived, or suspected Hepatitis B status.

No. Job applicants and workers shall not be compelled to disclose Hepatitis B status and related medical information, and co-workers shall not be obliged to reveal personal information about fellow workers.

Access must be bound by confidentiality rules and strictly limited to medical personnel or if legally required.

No. Screening for Hepatitis B as a pre-requisite to employment shall not be mandatory.

It prohibits declaring them unfit to work without appropriate medical evaluation and counseling.

Employers shall reasonably accommodate workers who are Hepatitis B positive or have Hepatitis B–related illnesses, including measures through agreements such as flexible leave arrangements, rescheduling of working time, and arrangement for return to work.

Workplaces must establish a referral system and provide access to diagnostic and treatment services for workers for appropriate medical evaluation/monitoring and management.

The worker is entitled to sickness benefits under the Social Security System (SSS) and employees compensation benefits under PD 626.

Implementation is monitored and evaluated periodically within the establishment, and the safety and health committee (or its counterpart) is tasked for this purpose.


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