Effectivity and Publication Rule
- The advisory takes effect fifteen days after publication in a newspaper of general circulation.
- The transitory trigger for effectivity is publication, measured from the date of publication in such a newspaper.
Policy Focus and Public Health Intent
- Hepatitis B is treated as a major public health concern in the Philippines.
- Hepatitis B is transmitted through blood and body fluids and is not spread through usual workplace activities.
- Certain occupations carry a higher risk of Hepatitis B transmission because they involve exposure to potentially contaminated blood and body fluids, including healthcare settings.
- Strategies must be implemented in workplaces to reduce transmission risk and eliminate discrimination against Hepatitis B positive workers.
Coverage: Where the Guidelines Apply
- The guidelines apply to all workplaces in the private sector.
- The guidelines apply to a workplace’s supply chain.
Mandatory Workplace Policy and Program
- All private workplaces must have a policy on Hepatitis B and must implement a workplace program.
- The Hepatitis B workplace policy and program may be separate or integrated into existing occupational safety and health policy and program, including the Family Welfare Program, Labor Management Cooperation Program, or other related programs.
- The policy must be rights-based, incorporating human rights standards and principles.
- Management and worker representatives must participate through collaborative efforts in the development and implementation of the policy and program.
- In organized workplaces, the Hepatitis B policy and program must be included as provisions of the Collective Bargaining Agreements.
- The DOLE, in coordination with DOH and/or partners, must assist workplaces in formulating and implementing the Hepatitis B Workplace Policy and Program.
Required Program Components
- The Hepatitis B workplace policy and program must cover all workers regardless of employment status.
- The workplace program must include the following components: advocacy, preventive strategies, social policy, and referral/health services, plus benefits and compensation rules.
Advocacy, Information, Education, Training
- Employers must provide workers with basic information and education on Hepatitis B through appropriate, accurate, and updated information.
- A standardized basic information package must be developed by DOLE and its partners for basic information and education activities.
- Information and education activities must cover:
- the magnitude of the Hepatitis B epidemic (including Hepatitis B as a disease, transmission, diagnosis, treatment and referral);
- prevention of Hepatitis B infection;
- basic human rights and rights of workers;
- the impact of illness on the individual, family, community, and workplace;
- the workplace policy and program on Hepatitis B; and
- salient features of national laws and policies related to Hepatitis B and blood-borne pathogens.
- Employers must extend advocacy, information, education, and training to contractors and the supply chain, workers’ families, the community, and other establishments as part of Corporate Social Responsibility (CSR) and to strengthen multi-sectoral partnerships for prevention and control.
Preventive Strategies in Workplaces
- Hepatitis B infection in the workplace must be prevented by implementing the preventive strategies in the guidelines.
- Workplaces are encouraged to provide Hepatitis B immunization for all workers.
- Hepatitis B vaccination is required for occupations with a conceivable risk of workplace transmission, including healthcare workers and other workers whose occupation involves potential exchange of bodily fluids.
- Employers must provide measures to improve working conditions, including:
- adequate hygiene facilities; and
- containment and proper disposal of infectious and potentially contaminated materials.
- Personal Protective Equipment (PPE) must be made available for all workers in high risk occupations at all times.
- Workers must receive training and information on adherence to standard or universal precautions in the workplace.
- Healthcare-related establishments and establishments where workers are exposed to potentially contaminated blood or body fluids must adhere to protocols developed or endorsed by the DOH.
Social Policy: Non-Discrimination, Confidentiality, Accommodation
- A workplace must implement a non-discriminatory policy and practices regarding Hepatitis B status.
- No discrimination may occur against workers on the basis of Hepatitis B status, consistent with international agreements on non-discrimination ratified by the Philippines, including ILO C111; workers must not be discriminated against from pre to post-employment, including hiring, promotion, or assignment, due to Hepatitis B status.
- Individuals found to be Hepatitis B positive must not be declared unfit to work without appropriate medical evaluation and counseling.
- Workers must not be terminated based on the worker’s actual, perceived, or suspected Hepatitis B status.
- Workplace management of sick employees must not differ from management of any other illness; persons with Hepatitis B-related illnesses must be able to work as long as medically fit.
- Job applicants and workers must not be compelled to disclose Hepatitis B status or other related medical information.
- Co-workers must not be obliged to reveal personal information about fellow workers.
- Access to personal data relating to a worker’s Hepatitis B status must be governed by confidentiality rules and strictly limited to medical personnel or where legally required.
- Employers must take measures to reasonably accommodate workers who are Hepatitis B positive or have Hepatitis B-related illnesses.
- Employers are encouraged, through agreements between management and workers’ representatives, to support workers with Hepatitis B through flexible leave arrangements, rescheduling of working time, and arrangement for return to work.
Screening, Diagnosis, Treatment, and Referral
- Workplaces must establish a referral system and provide access to diagnostic and treatment services for workers for appropriate medical evaluation, monitoring, and management.
- Adherence to healthcare provider guidelines on evaluating Hepatitis B positive workers is highly encouraged.
- Screening for Hepatitis B as a prerequisite to employment must not be mandatory.
Benefits and Compensation for Occupational Infection
- A worker who contracts Hepatitis B infection in the performance of duty is entitled to:
- sickness benefits under the Social Security System, and
- employees compensation benefits under PD 626.
Employer Duties and Worker Duties
- Employers, together with workers or labor organizations, company focal personnel for human resources, and safety and health personnel, must develop, implement, monitor, and evaluate the workplace Hepatitis B policy and program.
- Employers must ensure their policy and program are adequately funded and made known to all workers.
- Employers must ensure their policy and program adheres to existing legislations and guidelines, including provisions on leaves, benefits, and insurance.
- Employers must provide information, education, and training on Hepatitis B consistent with the standardized basic information package developed by the Hepatitis B TWG, and if not available within the establishment, must provide access to information.
- Employers must ensure non-discriminatory practices.
- Employers must provide appropriate PPE to prevent Hepatitis B exposure, especially for workers exposed to potentially contaminated blood or body fluid.
- Employers must jointly review the policy and program for effectiveness with workers or labor organizations and continue improving it by networking with government and organizations promoting Hepatitis B prevention.
- Employers must ensure confidentiality of workers’ health status, including Hepatitis B status.
- Employers must ensure access to medical records is limited to authorized personnel.
- Workers must contribute to formulation and must abide by and support the company Hepatitis B workplace policy and program.
- Labor unions, federations, workers’ organizations, and associations must actively educate and train members on Hepatitis B prevention and control, and the IEC program must promote and practice a healthy lifestyle with emphasis on avoiding high-risk behavior and other risk factors that expose workers to increased risk of Hepatitis B infection, consistent with the standardized basic information package developed by the Hepatitis B TWG.
- Workers must practice non-discriminatory acts against co-workers.
- Workers and workers’ organizations must not have access to personnel data relating to a worker’s Hepatitis B status; confidentiality rules apply in carrying out union and organization functions.
- Workers must comply with universal precaution and preventive measures.
- Workers with Hepatitis B may inform the health care provider, such as the company physician, of their Hepatitis B status when work activities may increase risk of Hepatitis B infection and transmission or put the Hepatitis B positive worker at risk for aggravation.
Monitoring, Oversight, and Enforcement Roles
- Within the establishment, implementation must be monitored and evaluated periodically.
- The safety and health committee or its counterpart must be tasked for monitoring and evaluation.
- The DOLE, through its Regional offices, in collaboration with DOH, DILG, and LGUs, must oversee and monitor the Hepatitis B Workplace Policy and Program for private establishments and disseminate information on Hepatitis B prevention and control in the workplace program.
- The Bureau of Working Conditions (BWC) through the DOLE Regional Offices must encourage compliance to the guidelines, related OSH Standards, and other related policies and legislations.