8-storey building project halted after worker’s death

Fatal accident and risky situations have resulted in the suspension of work of a construction project in Cebu City.

The Department of Labor and Employment in Central Visayas has ordered the Philippine Macro Development Corporation to stop work on its eight-storey building project at corner Ma. Cristina Extension and Juana Osmeña St. in Barangay Camputhaw after a construction worker died when he fell from the building's seventh floor.

The work stoppage order against the construction firm was issued on March 2 this year, according to DOLE-7 Spokesperson Luchel Taniza.

"As of now, there is no lifting order yet. The company continues submitting its compliance reports. Until it complies with (the labor and safety requirements) and correct all its deficiencies, that's the time to lift the work stoppage order," Taniza said.

DOLE's investigation showed several lapses committed by the firm.

DOLE-7 Regional Director Cyril Ticao said the company failed to put safety barriers on all edges, center slabs, and staircases of the building.

The victim, Marino Telebrico, died after he reportedly jumped on one side of the slab instead of using the access ladder at around 10:30 p.m. on February 27.

Telebrico and 19 other workers were pouring cement on the seventh floor when the incident happened.

"The victim did not follow instructions from the safety officer and jumped off through the opening of the slab instead of using the access ladder when it was already raining. Despite that, management is still held liable especially that it failed to put safety barriers on all edges, center slabs, and staircases of the building project,” Ticao said.

Other deficiencies noted under the safety and health standards include the absence of a DOLE accredited safety practitioner at the time of the conduct of investigation; non-presentation of the accident report using the prescribed form; and no concrete measures presented to avoid recurrence of the accident.

All noted deficiencies, Ticao said, indicated management's laxity particularly on implementing the safety and health standards in the worksite.

He said labor and safety standards should be properly observed since all workers are exposed to imminent danger conditions.

“We have been constantly asked on the possible sanctions we can impose on establishments, which have failed to religiously follow and implement safety in the workplace. When issued a work stoppage order, the mere fact that they could not go on with their operations is already a big business loss,” he said.

Ticao also said the affected workers will be entitled to receive their salary and other monetary benefits for the duration of the work stoppage order if the violations are attributable to the fault of the employer.

Moreover, Ticao has ordered the management to refund the workers' personal protective equipment (PPE), saying the deduction was “illegal.”

“We are warning employers to refrain from this kind of arrangements because definitely this is against the labor laws,” Ticao said, adding that even the cost of uniforms should not be deducted from the workers' salary.

During the mandatory conference, Ticao said the representatives of the firm promised to show proof of correction to noted deficiencies and proof of financial assistance for the victim's family.

Mitchelle L. Palaubsanon/KBQ