Daily Tribune (Philippines)

Cancer prevention, control in workplace

- A DOSE OF LAW DEAN NILO DIVINA For more of Dean Nilo Divina’s legal tidbits, please visit www. divinalaw.com. For comments and questions, please send an email to cabdo@divinalaw.com.

Cancer is one of the leading causes of death in the Philippine­s. To help combat the disease, Congress enacted Republic Act 11215, or the National Integrated Cancer Control Act, which was signed into law by former President Rodrigo Duterte on 14 February 2019. The law fundamenta­lly aims to promote a comprehens­ive and concerted cancer control program that is targeted at preventing cancer and improving cancer survivorsh­ip.

Towards this end, the Department of Labor and Employment, or DoLE, has been mandated to develop policies and provide guidance to employers and employees in relation to cancer prevention, diagnosis, management, and treatment in the workplace.

Pursuant to this mandate, on 15 September 2023, DoLE issued Labor Advisory No. 20 entitled “Guidelines on the Implementa­tion of the Workplace Policy and Program on Cancer Prevention and Control in the Private Sector.”

In essence, the DoLE advisory requires employers and their employees in the private sector to adopt a Cancer Prevention and Control in the Workplace Policy and Program (workplace CPCPP) that shall include, among others, the following components: prevention, access to screening, diagnosis, and treatment, return to work, compensati­on, and social policies.

The workplace CPCPP shall, among others, promote a safe and healthy lifestyle and provide for the conduct of awareness campaigns on cancer, including health education and informatio­n to employees on self-breast examinatio­n, the ill effects of smoking and excessive alcohol drinking, signs and symptoms, and prevention of different forms of cancers.

Further, private firms are directed to implement appropriat­e control measures such as engineerin­g, administra­tive, and personal protective equipment to avoid employees’ exposure to cancer-causing chemicals, work processes, and working conditions in the workplace.

Facilitati­on and timely referral mechanisms for screening, diagnosis, and treatment and the implementa­tion of processes to assist return to work and reintegrat­ion into the workplace of employees diagnosed with cancer shall also be in place.

In addition, the workplace CPCPP shall cover measures to prevent stigma and discrimina­tion against employees with cancer. Relevantly, the Implementi­ng Rules and Regulation­s of RA 11215 provides that an employer or persons acting on behalf of an employer shall not discrimina­te against a cancer patient, person living with cancer or a cancer survivor and the immediate family members of a cancer patient, person living with cancer or a cancer survivor: (1) in the hiring process; (2) in the terms and conditions of employment; (3) in limiting or denying opportunit­ies for promotion, transfer, training or access to any benefits associated with employment; and (4) in firing or dismissal and subjecting the employee to any other detriment or undue disadvanta­ge due to their having cancer. [Rule VII, Section 27 (b)]

Employers and their employees shall have a shared responsibi­lity to ensure the effective implementa­tion of the workplace CPCPP.

Employers are likewise encouraged to provide reasonable work accommodat­ions and arrangemen­ts for employees with cancer. For instance, the subject employees may be granted paid leave benefits on top of existing ones under the company policy, collective bargaining agreement, the Labor Code of the Philippine­s, and special laws. Employers may also implement flexible work arrangemen­ts, re-scheduling work hours, and telecommut­ing.

As reminded by the aforementi­oned Labor Advisory, employees diagnosed with cancer may apply for a person with a disability identifica­tion card from the local government unit where their residence is located to avail of the benefits of PWDs.

Employers must submit to the

DoLE Regional/ Provincial/Field

Office, which has jurisdicti­on over the workplace, the Annual Medical Report Form indicating, among other things, the number of cancerrela­ted activities and programs implemente­d in the workplace.

Employers must ensure the confidenti­ality of the health status of the employees concerned. Their medical records shall be handled in accordance with the Data Privacy Act of 2012 (RA 10173) to prevent unauthoriz­ed access, accidental or unlawful destructio­n, alteration, disclosure, and any other unlawful processing.

The DoLE advisory requires employers and their employees in the private sector to adopt a Cancer Prevention and Control in the Workplace Policy and Program.

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