Republic of the Philippines Department of Health Health Resilience System Project Labor Management Procedures (LMP) October 2024 FOR DISCLOSURE - APPRAISAL FOR DISCLOSURE - APPRAISAL Table of Contents I. INTRODUCTION......................................................................................................... 3 II. PROJECT BACKGROUND ............................................................................................ 3 A. Project Development Objectives …………………………………………………………………………………………3 B. Project Components ……………………………………………………………………………………………………………3 III. NATIONAL LABOR LAWS AND ENVIRONMENTAL AND SOCIAL STANDARD 2 (ESS 2) ...... 7 IV. DESCRIPTION OF PROJECT WORKERS ....................................................................... 10 V. LESSONS LEARNED FROM PREVIOUS WB-DOH PROJECTS ......................................... 12 VI. ASSESSMENT OF KEY POTENTIAL LABOR RISKS ........................................................ 14 VII. POLICIES AND PROCEDURES .................................................................................... 15 VIII. LABOR TERMS AND CONDITIONS OF THE PROJECT................................................... 18 IX. GRIEVANCE MECHANISM ........................................................................................ 21 X. MANAGEMENT OF CONTRACTORS AND SUBCONTRACTORS .................................... 24 XI. IMPLEMENTATION ARRANGEMENTS OF HRSP AND THIS LMP .................................. 28 XII. MONITORING AND REPORTING ............................................................................... 28 XIII. DISSEMINATION OF THIS LMP .................................................................................. 28 ANNEXES ........................................................................................................................ 30 Annex 1. Labor Requirements for Contractors or Service Providers ………………………………………..30 Annex 2: Labor Management Plan (LMP) Monitoring Form Template …………………………………….31 Annex 3: Contractor’s and Worker’s Codes of Conduct (CoC) ………………………………………………….39 Annex 4: ESIRT Form Part B: To be completed by Borrower within 24 hours …………………………..41 Annex 5: ESIRT Form Part C: To be completed by Borrower (following investigation) ……………..43 2 FOR DISCLOSURE - APPRAISAL I. INTRODUCTION The Labor Management Procedures (LMP) has been prepared under the framework of the Health System Resilience Project (HSRP) to be implemented by the Department of Health (DOH). The proposed Project aims to support the country in building a resilient health system, through investments in strengthening service delivery, enhancing health emergency prevention, preparedness, and response, and institutional strengthening and capacity building programs at the national level. The LMP, in compliance with the World Bank’s Environmental and Social Safeguards (ESS) 2 on Labor and Working Conditions, aims to establish the guidelines on labour matters, including the issues of health and safety at work, fair treatment, non-discrimination, and equal opportunities for the workers of the Project. The LMP assists the Borrower in determining the resources required to address labor issues related to the Project and identifies the primary labor requirements and hazards connected with it. The LMP is a live document that has been prepared in the planning stages of the Project and will be evaluated and modified as it is developed and carried out. II. PROJECT BACKGROUND A. Project Development Objectives The Project Development Objectives are (i) improve utilization and quality of health services, and (ii) enhance health emergency prevention, preparedness and response (PPR) in the project provinces. The proposed operation consists of four components: B. Project Components COMPONENT 1: STRENGTHENING CLIMATE-RESILIENT PROVINCIAL HEALTH SYSTEMS (US$260 million) This component will support the project provinces to (i) improve access to climate-resilient primary care provider networks (PCPNs)1, (ii) enhance the capacity of district and provincial hospitals to ensure that patients referred by PCPNs receive quality hospital care, thereby improving the functioning of health care provider networks (HCPNs)2, and (iii) strengthen supply chain management. The project will also support the strengthening of the health workforce and governance for quality of care. Performance-based grants (PBGs) will be introduced to incentivize the performance of HCPNs and accountability at provincial and municipal levels. Sub-component 1.1: Building climate-resilient infrastructure for quality of care (US$155 million). This sub- component will finance the following activities: (a) Improving access to climate resilient PCPNs: The project will support the creation of PCPNs by improving their infrastructure and operationalizing their networking. This includes support for (i) upgrading of PCFs and Bagong Urgent Care and Ambulatory Service (BUCAS) centers; (ii) provision of medical equipment; and (iii) organization of the upgraded PCFs into PCPNs. As part of this effort, the project will support the DOH to 1 Primary Care Provider Network (PCPN) refers to a coordinated group of public, private, or mixed primary care providers, which serve as the foundation of a Health Care Provider Network (HCPN). 2 HCPN refers to a group of primary to tertiary care providers, whether public or private, offering people-centered and comprehensive care in an integrated and coordinated manner with primary care provider acting as the navigator and coordinator of health care within the network. 3 FOR DISCLOSURE - APPRAISAL develop and implement national operational guidelines for green and safe primary care facilities to ensure compliance with energy efficiency and climate resilience standards, including a minimum 20 percent reduction in GHG emission. The design of and upgraded health facilities will comply with the operational guideline. Post-construction certification will be conducted to ensure compliance with such standards. Given the constraints of constructing and maintaining PCFs in the GIDAs and IPLCs, mobile clinics and sea ambulances will be deployed in the selected areas to improve access to essential health services. Technical assistance and capacity building will be provided to organize the upgraded PCFs into PCPNs, with a focus on integrated care. (b) Strengthening district and provincial hospitals: The project will upgrade and equip existing district and provincial hospitals to help them fulfill their roles in HCPNs. This is to ensure that in a HCPN, each PCPN will be linked to at least one functioning Level 1 district hospital and one Level 2 provincial hospital which can offer quality secondary and tertiary care. Beyond hospital clinical services, this component will also support hospital laboratories, warehouses, and health care waste management systems. The design of all hospital construction or rehabilitation will adhere to updated efficiency and resilience guidelines based on the DOH Green and Safe Health Facilities Manual3, including a minimum 20 percent reduction in GHG emission, and will be subject to post-construction certification. (c) Strengthening supply chain management: The project will support the strengthening of a climate-resilient supply chain for health commodities. This includes support for demand forecasting, inventory management, logistics and distribution, quality assurance, etc. Additionally, the project will support reforms to streamline the procurement process and improve procurement efficiency, such as piloting pooled procurement at the national and/or provincial level. As a result, access to affordable essential medicines and medical supplies will be maintained, even when distribution channels are compromised, such as during health emergencies or climate-related disasters. Sub-component 1.2: Improving workforce and governance for quality of care (US$7 million). This sub- component will finance the following activities: (a) Strengthening health workforce: The project will support (i) competency training for health workers; and (ii) in-service training to upgrade the clinical skills of LGU health workers, including skills needed to cope with the health threats of climate change and treat patients in a culturally-sensitive manner, and achieve competency certifications. Furthermore, the project aims to increase the availability of health workers from and serving IPLCs and enhance their capacity to provide culture-sensitive health services through tailored training and capacity building programs and support eligible students from IPLCs to apply for medical scholarship programs and join mentorship programs. (b) Improving governance for quality of care: The project will support (i) the development of a National Quality of Care Framework and its implementation in the project provinces; (ii) the development and dissemination of quality standards, such as culture-sensitive clinical practice guidelines/protocols/care pathways; (iii) the establishment and operationalization of institutional arrangements for quality of care at different levels (i.e. quality structures at LGU, provider network and facility levels, communities of practice); (iv) the monitoring of quality of care at different levels to form the basis for improvement; and (v) the implementation of quality improvement interventions, such as clinical audits and feedback, and continuous quality improvement. Sub-component 1.3: Performance-based grants to improve performance of health care provider networks (US$98 million) 3 Department of Health. (2021). Green and Safe Health Facilities Manual 1st edition. 4 FOR DISCLOSURE - APPRAISAL The project will support PBGs for the provinces, based on a HCPN provincial performance scorecard, to enhance accountability and incentivize performance of HCPNs at the LGU level. These PBGs align with Section 22 (“Incentives for Improving Competitiveness of the Public Health Service Delivery System”) of the UHC Act. U nder the PBGs, an HCPN provincial performance scorecard will be developed to measure HCPN provincial level performance on an annual basis. The achievement of the HCPN scorecard will be reported by Provincial Health Offices (PHOs) and verified by a third-party agency. A formula will be developed to reward the HCPNs based on their achievement upon verification. A PBG implementation manual (including data collection and verification protocols) will be developed. Consultations with the key stakeholders will be conducted in the process of development scorecard and manual. COMPONENT 2: STRENGTHENING HEALTH EMERGENCY PREVENTION, PREPAREDNESS AND RESPONSE SYSTEMS (US$77 million) This component aims to enhance HEPPR systems in the face of public health or climate-driven adverse events, focusing on strengthening disease surveillance systems, public health laboratory networks, and emergency response at both national, regional and LGU levels. The proposed activities are complementary to the ongoing HEPPR efforts supported by the government and other development partners a, ensuring private sector engagement and multisectoral coordination.4 Sub-component 2.1: Strengthening disease surveillance systems (US$6 million) The subcomponent will support (i) the development of the National HEPPR Framework, and standard operating procedures (SOPs) for surveillance; and (ii) the review and update of policies and procedures for International Health Regulations (IHR) core capacities and the adoption of the 7-1-7 framework5 at all levels. Technical assistance will be provided to conduct risk assessment and mapping, simulation exercises, pandemic planning and After Action Reviews. It will also support capacity building for ESUs at regional, LGU, and facility levels to improve their functionality, specifically through the frontline Disease Surveillance Officer (DSO) course, as well as the intermediate and advanced Field Epidemiology Training Program (FETP). Sub-component 2.2: Strengthening public health laboratory networks (US$ 45 million) The project will assist the government in addressing the most critical gaps in the public health laboratory network and ensure its surge capacity. This includes support for (i) the improvement infrastructure and equipment for the proposed national reference laboratory for infectious diseases and the construction of new regional public health laboratories (RPHLs) and a subnational laboratory based on the requirements outlined in the DOH-approved Public Health Laboratory Development Plan; (ii) the development of policies, guidelines, and SOPs related to laboratory service contracting, referral, specimen transport systems, laboratory management, quality assurance; and (iii) capacity building in core competencies for laboratory workforce such as quality management, infection prevention and control, biosafety and biosecurity, specimen management. As part of this effort, the project will support the DOH to develop and implement the national operational guideline for green and safe public health laboratories to ensure compliance with efficiency and resilience standard, including a minimum 20 percent reduction in GHG emission. The construction or renovation of laboratories will follow such operational guideline. Post-construction certification will be also conducted to ensure compliance. 4 The ongoing major efforts funded by other development partners include, but are not limited to: (i) the development, prototyping, and training in the use of a protocol for simulation exercises to test local surveillance and response capacities for acute health events; (ii) the assessment, redesign, and training of community event-based surveillance and response systems; (iii) the training and monitoring & evaluation (M&E) of the Intermediate Field Epidemiology Training Program (FETP), Disease Surveillance Officer Course, and Mentoring and Supervision Course; and (iv) capacity building for surveillance data analytics at the national and regional levels. 5 Frieden, T.R., Lee, C.T., Bochner, A.F., Buissonnière, M. and McClelland, A., 2021. 7-1-7: an organising principle, target, and accountability metric to make the world safer from pandemics. The Lancet, 398(10300), pp.638-640. 5 FOR DISCLOSURE - APPRAISAL Sub-component 2.3: Strengthening health emergency response systems (US$ 26 million) The project will support (i) the construction and equipping of energy-efficient emergency operations centers; and (ii) the equipping of emergency response teams (ERTs) at national, regional and LGU levels. In addition, the project will support (i) the development of policies, guidelines, and SOPs related to emergency response; and (ii) capacity building for ERTs through competency-based training to effectively respond to disasters and emergencies. COMPONENT 3: BUILIDNG AN ENABLING ENVIRONMENT, PROJECT MANAGEMENT AND MONITORING AND EVALUATION (US$170 million) This component aims to support a range of cross-cutting activities to build an enabling environment for health system resilience, including stewardship, digital health transformation, and community engagement and outreach. It will also finance project management, including project coordination, communication, procurement, financial management, and consideration of social and environmental factors, as well as monitoring and evaluation (M&E) of the project. Sub-component 3.1: Strengthening health sector stewardship (US$ 10 million) This sub-component will finance activities to strengthen health sector stewardship at both national and subnational levels. At the national level, the project will support in-service training programs in health management, planning, leadership targeting top and middle-level managers as well as technical professionals of DOH. It will also support technical assistance and capacity building in health regulations (including regulating the private sector), organizational development and strategic direction, planning and various assessments. As part of this subcomponent, a training center in health management will be established in an existing academic institution in collaboration with international academic partners. At the subnational level, the project will build the capacity of the local health boards (LHBs)6 and health facility managers to fulfill their functions and responsibilities as outlined in the UHC Act including local health system governance, financial management, human resource management and development. It will also build the capacity of LHBs to address the health needs of IPLCs, as well as the health risks of climate change, to ensure that IPLCs and climate change considerations are reflected in main health policies and programs. Sub-component 3.2: Advancing digital health transformation (US$ 105million) This sub-component will support the development and implementation of (i) relevant strategies and guidelines to advance digital health transformation (including a Digital Transformation Roadmap and a Health Data Governance Framework); (ii) digital solutions/systems for service delivery (including telemedicine, telemonitoring, electronic medical records, e-referral, supply chain management information system, among others) and HEPPR (including surveillance and laboratory information systems); and (iii) infrastructure (hardware, software, networking) to improve ICT last-mile connectivity of public health authorities and facilities, with a particular focus on the GIDAs. It will also support digital literacy and cybersecurity trainings to health workers, especially health workers from or serving IPLCs to reduce the digital divide. Sub-component 3.3: Community engagement and outreach (US$ 19 million) The project will support information campaigns to enhance health literacy, understanding of patient referral systems, climate change, and HEPPR. Tailored to local needs, such information campaigns might be combined with 6 Local Health Boards (LHBs) at the provincial and municipal levels are referred to Provincial Health Boards (PHBs) and Municipal Health Boards (MHBs), respectively. 6 FOR DISCLOSURE - APPRAISAL other outreach activities such as immunization, nutrition, maternal and child health, NCD prevention and screening. The project will also support the establishment of patient support groups to empower patients and improve their compliance with the treatment of NCDs. The project will also engage representatives of communities as well as all key stakeholders, including IPLCs, in the planning, implementation, and evaluation of health programs through Annual Health Forums. These forums serve not only as a social accountability measure but also as a catalyst for increasing the population’s demand for quality health services and usher in a social movement in health. In addition, the project will support community outreach activities, especially in GIDAs and among IPLCs. Sub-component 3.4: Project management, monitoring and evaluation (US$ 37 million) The project will support project management which includes project coordination, communication, procurement, financial management, environmental and social considerations. The project management office (PMOs) will be established at both national and regional levels, including technical, fiduciary, and environmental and social specialists to strengthen the implementation capacity of the implementing agencies. It also finances the implementation of project M&E, including the development and maintenance of a project digital dashboard and the contracting of third-party verification for the PBGs. COMPONENT 4: CONTINGENT EMERGENCY RESPONSE COMPONENT (US$0 million) The Contingent Emergency Response Component (CERC) may be used following natural disasters or other crises and emergencies, allowing funds to be reallocated from other components of the project. The CERC annex in the Project Operations Manual (POM) will consider climate risks on both mitigation and adaptation. III. NATIONAL LABOR LAWS AND ENVIRONMENTAL AND SOCIAL STANDARD 2 (ESS 2) The LMP has been prepared in accordance with the applicable Philippine laws and regulations, international agreements and conventions on labor matters ratified by the Philippines before international organizations such as the International Labor Standards Organization (ILO), the General Guidelines on Environment, Health and Safety of the World Bank Group and the environmental and social standards 2 (ESS2) of the World Bank’s Environmental and Social Framework (ESF). It serves to provide for the minimum working conditions for the development of the project and aims to address the labor risks and issues that may arise during project implementation. In cases of discrepancy between the Philippine regulations and ESS 2, ESS 2 prevails for the purposes of project implementation. The country has a comprehensive set of labor laws that govern the terms and conditions of work for different categories of workers. It should be noted that the country labor legislations and their implementing rules and regulations address the requirements of ESS 2. Likewise, full protection to labor is enshrined and labor rights are guaranteed in the 1987 Philippine Constitution, which implies that the rights of the workers are given recognition in the highest hierarchy of laws under the Philippine legal system. Presidential Decree No. 44, as amended by RA 6715, or the Labor Code of the Philippines, serves as the primary legislation governing labor relations in the country. Under this code, the basic terms and conditions of employment include wages, benefits, working hours, rest periods, and holidays. Other labor-related policies emphasizing the rights of workers that will be adhered to by the Project include the following: ● RA 10911 or Anti-Age Discrimination in Employment Act (2016) which promotes the right of all employees and workers, regardless of age, to be treated equally in terms of compensation, benefits, promotion, training, and other employment opportunities; 7 FOR DISCLOSURE - APPRAISAL ● RA 9481 or Strengthening The Workers' Constitutional Right To Self-Organization (2007) which stipulates the rights and requirements for self-organization of workers; ● RA 11313 or Safe Spaces Act (2018) which ensure the fundamental equality of women and men providing security and safety not only in private, but also on the streets, public spaces, online, workplaces and educational and training institutions; ● RA 11210 or the 105-Day Expanded Maternity Leave Law where a qualified female worker, regardless of civil status, employment status, and legitimacy of her child, whether in the public sector or the private sector, including those in the informal economy, is entitled to paid leave benefits. The law also provides for an allocation of up to seven days of leave benefits to the child’s father or an alternate caregiver; ● RA 8187 or the Paternity Leave Act, where paternity leave benefit is given to all married male employees, regardless of employment status, in the private or public sector; ● RA 9710 or the The Magna Carta of Women (2008) which is a comprehensive women’s human rights law that seeks to eliminate discrimination through the recognition, protection, fulfillment, and promotion of the rights of Filipino women, especially those belonging in the marginalized sectors of the society; ● RA 7277, as amended by RA 9442 (2006) or the Magna Carta For Disabled Persons which provides guidance on the rights and privileges for disabled persons and enable them to compete favourably for available opportunities; ● RA 8972 or Solo Parents’ Welfare Act (2000) as amended by RA 11861 or the Expanded Solo Parents Welfare Act which stipulates non-discrimination of solo parents in employment opportunities, flexible working schedule, and parental leave entitlements. ● RA 8371 or the Indigenous Peoples’ Rights Act (1997) which recognizes the right of the ICCs/IPs to be free from any form of discrimination, with respect to recruitment and conditions of employment, such that they may enjoy equal opportunities for admission to employment, medical and social assistance, safety as well as other occupationally-related benefits, informed of their rights under existing labor legislation and of means available to them for redress, not subject to any coercive recruitment systems; and equal treatment in employment for men and women, including the protection from sexual harassment. The Labor Code of the Philippines is aligned with international good practices on decent work and shall be implemented under the Project. The Project will adhere to the following provisions set under the Labor Code: Wage and Welfare ● Employees shall receive their wages by means of legal tender, at least once every two weeks or twice a month at intervals not exceeding sixteen (16) days. ● In a contracted work, employees of the contractor and of the latter’s subcontractor, shall also be paid in accordance with the labor code. ● The wage paid by the employers to the workers shall not be lower than the prescribed minimum wage set by the Regional Tripartite Wages and Productivity Boards. Working Time, Rest Days, and Holidays ● The normal work hours for every employee shall not exceed eight (8) hours a day. If all or any part of the employee’s working hours falls on 10:00 PM to 6:00 AM, he/she shall be entitled to a night shift pay in addition to the regular wage. If the worked performed exceeds the normal working hours, he/she shall be given overtime pay. ● It is the right of every employee for a rest period not less than twenty-four (24) consecutive hours after every six (6) consecutive normal workdays. ● Compensation shall be given for work performed during holidays and Sundays. 8 FOR DISCLOSURE - APPRAISAL Equal Rights ● Workers shall have the right to self-organization and to form, join, or assist labor organizations of their own choosing for purposes of collective bargaining. ● Minimum employable age is 18 years old. ● Gender discrimination in employment and labor relations shall be prohibited. Male and female employees are entitled to equal compensation for work of equal value and access to promotion and training opportunities. Workplace Health and Safety DOH and all its contracted service providers will adopt the labor and occupational practices for the project, in accordance with RA 11058, CSC-DOH-DOLE Joint Memorandum Circular No. 1, s. 2020 and other applicable Philippine regulations, general guidelines on the environment, health, and safety of under World Bank ESS 2. Under RA 11058, or An Act Strengthening Compliance with OSH Standards and Providing Penalties for Violations Thereof, the State guarantees a safe and healthy working environment for employees by providing protection from all possible dangers in the workplace. Under RA 11058, the following are some of the main OSH duties of every employer, contractor or subcontractor, and any person who manages, controls, or supervises the work: ● Equip a place of employment for workers free from hazardous conditions that are causing or are likely to cause death, illness, or physical harm; ● Provide complete job safety instructions and proper orientation to all workers including; ● Inform the workers of the hazards associated with their work, health risks involved or to which they are exposed to, preventive measures to eliminate or minimize the risks, and steps to be taken in case of emergency; ● Use only approved specific industry set of standards of devices and equipment for the workplace as applicable; ● Comply with OSH standards including training, medical examination, and when necessary, provisions on protective and safety devices such as personal protective equipment (PPE) and machine guards. Training for workers shall include health promotion, hazards associated with their work, health risks involved or to which they are exposed to, preventive measures to eliminate or minimize risks, steps to be taken in case of emergency, and safety instructions for the jobs, activities and tasks to be handled by workers; ● Provide, when necessary, for measures identifying trainings and drills, evacuation plans, etc., or deal with emergencies, fires, and accidents including first-aid arrangements; and ● If any, to submit to DOLE all safety and health reports, and notifications such as but not limited to annual medical report, OSH committee report, employer’s work accident/injury report, and annual work accident/injury exposure data report. For the public sector, CSC-DOH-DOLE Joint Memorandum Circular No. 1, s. 2020 provides for the OSH Standards for the Public Sector, including JO and COS.7 It provides for reasonable working conditions in the workplace; emergency preparedness; establishment of OSH program; provision of support facilities; strict enforcement of the rules on working hours, break and leave privileges; reporting requirements; monitoring and evaluation. It mandates the government agency to ensure comprehensive dissemination of OSH information through a communication plan which includes the publication of pertinent OSH information in the agency website and other communication materials and the establishment of feedback mechanism. The government agency, through its Human Resource Office, shall maintain and keep an accident or illness record which shall be open at all times for inspection by authorized personnel which shall contain the following information: (i) date of accident or illness; (ii) name of injured/ill employee, age and sexual orientation; (iii) occupation/position of the employee; (iv) cause of 7 To be observed by national government agencies, LGUs, government-owned and controlled corporations, and state universities and colleges. 9 FOR DISCLOSURE - APPRAISAL accident/illness; (v) extent and nature of disability/injury; (vi) duration of disability/injury; (vii) extent of damage, including actual medical cost; and (viii)corrective action/s on OSH related findings which caused illness/accidents to be undertaken or was undertaken. IV. DESCRIPTION OF PROJECT WORKERS Following the information available at the time of preparation of this document by DOH, the number and characteristics of workers foreseen for the Project is discussed in this chapter. A. Category of Workers 1. Direct Workers. The direct workers are workers who are employed and have a direct contractual relationship with DOH and will work directly or perform specialized tasks associated with the project. In this Project, it is estimated that XX will be direct workers, of which the number of public servants who will continue to be subject to the employment conditions of the public sector is yet to be determined during project implementation. The direct workers can be hired through the following working arrangements: 1.1 Individual Contract of Service (COS).8 Government agencies may enter into a COS with individuals as consultants/contractors, subject to the following guidelines: ● The term of the contract between the agency and the individual contractor shall be for a maximum period of 1 year, renewable at the option of the head of the procuring entity, but in no case shall exceed the term of the latter;9 ● Engaging the services of an individual contractor shall be subject to pertinent provisions of RA No. 9184 and its implementing guidelines, as applicable, and the existing budgeting, accounting, and auditing rules and regulations; ● Individuals hired through COS shall be paid wages equivalent to the daily wages/salary of comparable positions in government and a premium of up to 20% of such wage/salary. The premium payment may be paid monthly, in lump sum or tranches (i.e., mid-year and year-end payments) as may be stated in the agreement or contract with the agency however, payment of services of persons engaged through RA 9184 shall be subject to the provisions of the said law and its IRR;10 and ● Individuals hired through the COS have the option to enroll themselves in social benefit program thru the Social Security System (SSS)/ Employees Compensation Commission/Employees Compensation Program (ECC-ECP), PhilHealth and Pag-IBIG Fund as self-employed members.11 1.2. Contractual Employment. Wherein a contractual appointment s issued to a person whose employment in the government in accordance with a special contract to undertake local or foreign-assisted projects or a specific work or job requiring special or technical skills not available in the employing agency, to be accomplished within a specific period as defined under Section 9, Rule IV of the Revised Omnibus Rules on Appointments and Other Human Resource Actions. 1.3. Job Order (JO)12. JO refers to piece work or intermittent or emergency jobs such as clearing of debris on the roads, canals, waterways, etc. after natural/man-made disasters/occurrences and other manual/trades and crafts services such as carpentry, plumbing, electrical, and the like. These jobs are of short duration and for a specific piece of work.13 The services of a JO worker are either paid according to an agreed contract amount for 8 Paragraph 6.2, CSC-COA-DBM Joint Circular No. 1, Series of 2017 9 Section 53.7, Revised IRR of RA No, 9184, Highly Technical Consultants 10 Paragraph 11.5 and 11.6, CSC-COA-DBM Joint Circular No. 1, Series of 2018 11 Paragraph 8.0, CSC-COA-DBM Joint Circular No. 1, Series of 2017 12 Paragraph 6.3, CSC-COA-DBM Joint Circular No. 1, Series of 2017 13 Paragraph 5.4, CSC-COA-DBM Joint Circular No. 1, Series of 2017 10 FOR DISCLOSURE - APPRAISAL the piece of work or on a daily wage basis. Contracting the service of JO workers shall be subject to pertinent budgeting, accounting, and auditing rules and regulations. Individuals hired through JO shall be paid wages equivalent to the daily wages/salary of comparable positions in government and a premium of up to 20% of such wage/salary. The premium payment may be paid monthly, in lump sum or tranches (i.e., mid-year and year-end payments) as may be stated in the agreement or contract with the agency.14 1.4. Government Workers. Government employees may be assigned or detailed and be part of dedicated officials and staff of a project. These personnel shall remain subject to the existing terms and conditions and working arrangements of the government. The Administrative Code of 1987 provides that the CSC shall take appropriate action on all appointments and other personnel matters in the Civil Service,15 and that all personnel actions shall be in accordance with such rules, standards and regulations as may be promulgated by the CSC. 16 Hence, all government workers are subject to CSC rules and regulations. These are government personnel who have tenure security and are classified as regular or plantilla public servants. They are subject to the laws and regulations pertaining to public employees, such as the Code of Conduct and Ethical Standards for Public Officials and Employees in accordance with Republic Act no. 6713, the DOH Administrative Order no. 2015-0048 - Revised Procedures on Handling Administrative Disciplinary Complaints in the Department of Health for DOH employees, and the Civil Service Commission (CSC) Resolution no. 1701077 - 2017 Rules on Administrative Cases in the Civil Service (2017 RACCS). Along with ordinary employees of local government agencies, the Philippine National Police, members of the armed forces, and government hospitals are also considered civil servants. In line with ESS2, where government civil servants are working in connection with the project, whether full-time or part-time, they will remain subject to the terms and conditions of their existing public sector employment agreement or arrangement, unless there is an effective legal transfer of their employment or engagement to the project. ESS2 applies to government civil servants related to the project in regard to provisions of paragraphs 17 to 20 (Protecting the Work Force) and paragraphs 24 to 30 (Occupational Health and Safety). These will be covered by the LMP and ESMF when project-related. 1.5. Emergency Casual Employment. Under the Revised Omnibus Rules on Appointments and other Personnel Actions and Civil Service Commission (CSC) Memorandum Circular No. 15, Series of 1999, workers under contracts of service are not considered as government workers. CSC-Commission on Audit (COA)- Department of Budget Management (DBM) Joint Circular No. 1, Series of 2017, as amended, governs JO and COS workers in the government. Under Section 77 of the Local Government Code of 1991, the local chief executive may employ emergency or casual employees or laborers paid on a daily wage or piecework basis and hire through job orders for local projects authorized by the Sanggunian concerned, without the need of approval or attestation by the CSC.17 2. Contract Workers. These are workers who have a direct contractual relationship with the contractor or third parties to carry out tasks associated with the Project’s primary operations. In this project, it is estimated that XXXX contracted workers will be employed, which may include: ● Medical personnel employed by healthcare facilities under Contract of Service; ● Workers in waste management, including sanitation workers, who are highly at risk and will benefit from personal protective equipment (PPE) and additional safety measures to be provided by the Project; ● Security personnel of health care facilities engaged/contracted through third party Firms; and 14 Paragraph 11.5, CSC-COA-DBM Joint Circular No. 1, Series of 2018 15 Section 12 (14), Chapter 3, Title I (A), Book V, EO 292, s. 1987 16 Section 26, Chapter 5, Title I (A), Book V, EO 292, s. 1987 17 Section 2, CSC RESOLUTION NO. 021480 re: Clarifications on Policy Guidelines for Contracts of Service 11 FOR DISCLOSURE - APPRAISAL ● Construction workers, hired for the Project's civil works such as construction, renovation, or upgrading of hospitals, laboratories, and other health care facilities. This refers to people employed through third parties to perform work related to core functions of the project, regardless of location. Third parties may include contractors, subcontractors, or intermediaries. Institutional COS18/ Contractor/Subcontractor. The government may avail of outsourced service through institutional COS. Institutional COS refers to the agreement between the government agency and contractor or service provider duly registered and recognized by authorized government agencies to provide services such as janitorial, security, consultancy, and other support services. It covers lump sum work or services to perform janitorial, security, consultancy, and other support functions for a maximum period of 1 year subject to the provisions of RA 9184 and pertinent budgeting, accounting, and auditing rules and regulations.19 The minimum requirements for contractors and service providers are listed in Annex 1. 3. Primary provider workers (in case it applies to the project). These are workers who have a direct contractual relationship with the primary providers or suppliers. In this project, the estimated number of workers from the primary providers or suppliers is yet to be determined during project implementation. 4. Community workers. These are workers which are not regular in the civil service or engaged through Contract of Service. They are not compensated and only receive honoraria or allowance for their services. These include the Barangay Health Workers (BHWs), Barangay Nutrition Scholars (BNS), and Barangay Health Emergency Response Teams (BHERTS). V. LESSONS LEARNED FROM PREVIOUS WB-DOH PROJECTS The Philippines COVID-19 Emergency Response Project (PCERP) is another DOH project with the World Bank which aimed to strengthen the capacity of the country’s health system to prevent, detect, and respond to the threat posed by COVID-19 and to scale up the national systems for public health preparedness. PCERP is currently towards its project completion this year. Lessons from PCERP were crucial in designing and implementing the labor management activities and communication and coordination with contractors for the HSR. The table below displays the lessons learned from the PCERP: Encountered Challenges Recommended Resolutions Inadequate screening of ESF Plan Documents from ESF Team involvement in screening of the ESF Plan civil works contractors Documents as part of the technical review of ● Submission of template Environmental and bidding documents. Social Management Plan and Labor Management Procedure ● Incomplete information and generic mitigation plan Accountability in implementing the E&S OHS Designation of EHS Officer instead of Safety Officer Requirements ● Usually designated to a Safety Officer whose training is focused in OSH 18 Paragraph 5.3, CSC-COA-DBM Joint Circular No. 1, Series of 2017 19 Paragraph 6.1.1, CSC-COA-DBM Joint Circular No. 1, Series of 2017 12 FOR DISCLOSURE - APPRAISAL Encountered Challenges Recommended Resolutions ● Person-in-charge should also be equipped in implementing environmental compliance (i.e. Pollution Control Officer) ESF Training: Limitations of e-Learning on OHS and ● Evaluation Tool to assess the level of labor understanding from participants ● Information overload, limited attention span, ● Redesign ESF training into multiple online compressing all ESF information on sessions or better face-to-face session to requirements and other guidelines for a maximize learning limited time to maximize the contractor’s and ● Issuance of Certificate of Attendance to HCF’s availability Safety Officers ● Issues in attendance, participation, ● Require proof of ESF Training cascade knowledge transfer among construction workers ● Limited connection, technical issues ● Cascading of information from Safety Officers to field workers Issues in ESS Self-Monitoring Report Submissions ● Establishment of multiple modes of ● No submission or late submissions of reports communication with HCFs and contractors ● Incomplete information (i.e. Viber, Monthly Coordination Meetings, ● Inaccurate compliance report: lack of proof of Mobile/Email) compliance ● Reiteration of the importance of ESF instrument submission (pre-construction, onboarding, and refresher during coordination meetings) ● Implement sanction for non-compliant contractors o ESF compliance as part of payment terms (i.e., withholding payment for non-compliant contractors) o Impacts in eligibility to secure another contract under PCERP Limitations in Validating the ESF Compliance ● Regional PMO to include ESF teams ● Compliance assessment reliant on self- deployed in regions instead of central monitoring reports (with issues listed above) monitoring through NPMO ● High volume of ongoing projects outside ● Reinforce role of the HCFs and CHDs as Metro Manila needed to be monitored (i.e., monitoring arm 30 or more sites at a time for PCERP more for ● Use of technology to process data and HSRP) demonstrate status of ESF compliance (i.e., o No available manpower (project develop ESF dashboards) staff) to focus on monitoring activities o Overwhelming volume of self- monitoring reports to check and consolidate monthly Lack of centralized GRM to monitor concerns related ● GRM mapping and establishment of a to project activities standard grievance resolution process ● Online GRM implemented by the project may be not in the consciousness of the stakeholders 13 FOR DISCLOSURE - APPRAISAL Encountered Challenges Recommended Resolutions ● Various concerns are directed through different GRM mechanisms available (feedback forms in hospitals, the 8888 hotline of government offices, complaints desks in LGUs, etc.) E&s concerns are managed by various offices within ● Consultation within DOH offices and with the DOH system and some are outside the DOH other agencies on how to harmonize the mandate (i.e., VAWC issues in Local LGU, healthcare policy and agree on delineation of roles waste management treatment under DENR) o Translate agreements into policy documents to facilitate implementation on the ground VI. ASSESSMENT OF KEY POTENTIAL LABOR RISKS The following are the potential labor risks relevant to the Project: 1. Occupational health and safety risks. The common workplace health and safety risks include working at height; slips, trips and falls, head injuries from falling objects; hearing damages or loss due to working in high noise areas; sprains, strains, and musculoskeletal disorders due to handling of heavy objects; physical injury or death due to vehicle accidents; working in confined spaces; risk of electric shocks or fire; respiratory illness, injury, or death from improper handling of hazardous chemicals (in laboratories); paints, solvents, disinfectants, glues, petroleum products; and accidents from equipment and vehicle malfunctions; traffic and transportation to and from worksite. Health workers, waste management, and security personnel will be more at risk of communicable diseases and infection from the operations of the health care facilities. The movement of laborers from the worksite to the community may likewise increase the risk of communicable and sexually transmitted diseases. Poor working environments, including discrimination and inequality, excessive workloads, low job control, and job insecurity, pose significant risks to the mental health of a worker (WHO, 2022).20 2. Discrimination. Discrimination could arise in the hiring of workers. Any distinction, preference, or differentiated treatment based on any reason such as sex, gender, sexual orientation, disability status, language, religion, political opinion, ethnicity, and others, are considered as discrimination. Possible situations of discrimination and unequal opportunities could arise in DOH’s National and Regional offices, and offices of procured contractors and service providers. 3. Misuse of labor contract. Potential noncompliance to the terms and conditions of the employment contract may arise among the direct workers, and workers employed by the contractors and service providers, which impedes on the rights of the workers. 4. Harassment in the workplace. Harassment in the workplace refers to any conduct that constitutes aggression or harassment against any worker and that results in mistreatment or humiliation, or threat to their employment situation. Possible situations of workplace harassment could arise in the DOH regional offices, procured contractors, and service providers. 20 https://www.who.int/news-room/fact-sheets/detail/mental-health-at-work 14 FOR DISCLOSURE - APPRAISAL 5. Sexual harassment. Workplace sexual harassment is committed when: (i) the sexual favor is made as a condition in the hiring or the employment, re-employment, or continued employment of the said individual, or in granting said individual favorable compensation, terms, conditions, promotions, or privileges; or the refusal to grant the sexual favor results in limiting, segregating or classifying the employee which in any way would discriminate, deprive or diminish employment opportunities or otherwise adversely affect said employee; (ii) the above acts would impair the employee’s rights or privileges under existing labor laws; or (iii) the above acts would result in an intimidating, hostile, or offensive environment for the employee. In addition, gender-based sexual harassment in the workplace also includes acts involving any unwelcome sexual advances, requests or demand for sexual favors or any act of sexual nature, whether done verbally, physically, or through the use of technology such as text messaging or electronic mail or through any other forms of information and communication systems, that has or could have a detrimental effect on the conditions of an individual’s employment or education, job performance or opportunities. Possible situations of sexual harassment could arise in project buildings, project office or project site. 6. Gender-based violence. This includes acts of physical or psychological violence exercised against any person based on their sexual orientation or gender identity that negatively impacts their emotional, physical, social, or economic well-being. The possible situations of gender violence could occur in DOH’s national and regional offices, offices of procured contractors and service providers, and at construction sites where influx of labor is present. VII. POLICIES AND PROCEDURES Presidential Decree No. 44, as amended by RA 6715, known as the Labor Code of the Philippines, governs all employment practices and relations in the country. Provisions of the code are aligned with international good practice on decent work and shall be strictly implemented under the Project. These provisions include: Wage and Welfare ● Employees shall receive their wages by means of legal tender, at least once every two weeks or twice a month at intervals not exceeding sixteen (16) days. ● In a contracted work, employees of the contractor and of the latter’s subcontractor, shall also be paid in accordance with the labor code. ● The wage paid by the employers to the workers shall not be lower than the prescribed minimum wage set by the Regional Tripartite Wages and Productivity Boards. Working time, Rest Days and Holidays ● The normal work hours for every employee shall not exceed eight (8) hours a day. If all or any part of the employee’s working hours falls on 10:00 PM to 6:00 AM, he/she shall be entitled to a night shift pay in addition to the regular wage. If the worked performed exceeds the normal working hours, he/she shall be given overtime pay. ● It is the right of every employee for a rest period not less than twenty-four (24) consecutive hours after every six (6) consecutive normal workdays. ● Compensation shall be given for work performed during holidays and Sundays. Equal Rights ● Workers shall have the right to self-organization and to form, join, or assist labor organizations of their own choosing for purposes of collective bargaining. ● Minimum employable age is 18 years old. 15 FOR DISCLOSURE - APPRAISAL ● Gender discrimination in employment and labor relations shall be prohibited. Male and female employees are entitled to equal compensation for work of equal value and access to promotion and training opportunities. Occupational Safety and Health (OSH) The rules and regulations set under RA 11058, or the Occupational Safety and Health Standards Law, will be complied by the contractors and subcontractors under the Project with the aim of promoting and maintaining the highest degree of physical, mental, and social well-being of the workers. Workers of contractors and subcontractors should follow the OSH policy and program of the establishment where they are assigned. According to Chapter III of RA 11058, the following are the duties of every employer, contractor or subcontractor, and any person who manages, controls, or supervises the work: ● Equip a place of employment for workers free from hazardous conditions that are causing or are likely to cause death, illness or physical harm to the workers where physical distancing can be observed. Sanitation and hygiene facilities should also be present and well- disinfected regularly for the safety of workers. ● Provide complete job safety instructions and proper orientation to all workers including, but not limited to, those entering the job for the first time and to those relating to familiarization with their work environment. ● Inform the workers of the hazards associated with their work, health risks involved or to which they are exposed to, preventive measures to eliminate or minimize the risks, and steps to be taken in case of emergency. ● Use only approved specific industry set of standards of devices and equipment for the workplace as applicable. ● Comply with OSH standards including training, medical examination, and when necessary, provisions on protective and safety devices such as PPE and machine guards. Training for workers shall include health promotion, hazards associated with their work, health risks involved or to which they are exposed to, preventive measures to eliminate or minimize risks, steps to be taken in case of emergency, and safety instructions for the jobs, activities, and tasks to be handled by workers. ● Make arrangements for workers and their representatives to have the time and resource to participate actively in the processes of organizing, planning and implementation, monitoring, evaluation and action for improvement of the OSH management system ● Provide, when necessary, for measures identifying trainings and drills, evacuation plans, etc., to deal with emergencies, fires and accidents including first-aid arrangements. To comply with the OSH standards, every employee/worker shall: ● Participate in the capacity building activities on safety and health and other OSH related topics and programs ● Proper use of all safeguards and safety devices furnished for workers’ protection and that of others ● Comply with instructions to prevent accidents or imminent danger situations in the workplace ● Observe prescribed steps to be taken in cases of emergency including participation in the conduct of national or local disaster drills ● Report to their immediate supervisor or any other responsible safety and health personnel any work hazard that may be discovered in the workplace Employed citizens, employees shall have the following common rights: ● To refuse to work without threat or reprisal from the employer if an imminent danger situation exists. ● To report accidents, dangerous occurrences, and hazards to the employer, to DOLE, and to other concerned competent government agencies. 16 FOR DISCLOSURE - APPRAISAL ● To receive personal protective equipment, to be provided by their employer, contractor or subcontractor, free of charge, for any part of the body that may be exposed to hazards, and other lifeline ● To receive information on workplace conditions, risks that can impose danger to health, industrial dangerous and poisonous factors Aside from RA 11058, the Department of Labor and Employment (DOLE) Department Order no. 13 series of 1998 – Guidelines Governing Occupational Safety and Health in the Construction Industry also provides measures to ensure the protection and welfare of workers employed in the construction industry, the protection and welfare of the general public within and around the immediate vicinity of any construction worksite, and the promotion of harmonious employer-employee relationships. The following international conventions, and directives may also support measures for addressing occupational health and safety issues relevant to the project: ● ILO Occupational Safety and Health Convention, 1981 (No. 155) ● ILO Occupational Safety and Health Recommendation, 1981 (No. 164) ● ILO Occupational Health Services Convention, 1985 (No. 161) ● ILO Safety and Health in Construction Convention, 1988 (No. 167) ● WHO International Health Regulations, 2005 ● WHO Emergency Response Framework, 2017 Table 2 below presents the proposed preventive and mitigation measures to address the potential labor risks related to the project: Table 2: Preventive and Mitigation Measures for Identified Labor Risks, HSRP. Potential Labor Risks Preventive and mitigation measures 1 Occupational safety and health ● Compliance with all national regulations regarding (OSH) risks occupational safety and health standards ● Mandatory OSH induction and training ● Workers provided with PPE including ● Preparation of OSH Plans and regular reporting and monitoring of OSH standards compliance ● Regular follow-up through direct and indirect supervisions ● Robust GRM at project-sites and for workers to alert of any incoherences in the use and protection of workers ● Inspection of project sites ● Regular OSH trainings 2 Discrimination ● Policy against discrimination in the workplace ● Mandatory induction and training ● Complaints and grievances management system 3 Gender-based violence and ● Anti-sexual harassment policy into letters of DOH’s staff sexual exploitation, abuse and appointments, bidding documents, and contracts for sexual harassment (GBV SEAH) workers in line with relevant national laws and legislation. ● Mandatory induction and training on anti-sexual harassment ● Complaints and grievances reporting system with survivor- centered protection system ● Punitive provisions incorporated in employment contracts ● Code of Conducts to be signed by workers (see annex) 17 FOR DISCLOSURE - APPRAISAL 4 Misuse of labor contract ● Labor contract guarantees recognition of workers’ rights ● Monitor compliance of the contract agreements ● Mandatory induction and training with information on key contract agreement ● Complaints and grievances management system VIII. LABOR TERMS AND CONDITIONS OF THE PROJECT The DOH NPMO, DOH RPMOs, BARMM Implementing Unit, and contractor and subcontractor, if any, will comply with the following labor provisions regarding worker’s age limit, working hours, worker’s compensation, health and safety, equal treatment of workers, collective bargaining and negotiation, worker’s contracts and benefits. A. Worker’s Age Under Article 137 of the Labor Code of the Philippines, a person below 18 years of age shall not be allowed to be employed in an undertaking that is hazardous or deleterious in nature as determined by the DOLE. The project will undertake necessary measures to avoid the hiring of workers under 18 years old. For this, the DOH NPMO, DOH RPMO, BARMM Implementing Unit, Provincial Health Offices, and Municipal Health Offices, will conduct unexpected visits to the project works and will verify the documentation of the workers, especially their identity documents to verify their age and work assigned them. B. Working Hours Under the Labor Code and other applicable regulations, the normal hours of work of project workers shall not exceed 8 hours a day, exclusive of time for meals. If the work performed exceeds the normal working hours, overtime pay shall be given. The schedule proposed work as follows: (i) entry time at 8:00AM, (ii) lunch break at 12:00NN to 1:00 PM, and (iii) departure time at 5:00 PM. The schedule may be modified due to the need for service. Overtime work, referring to work done outside of working hours will be paid or compensated according to the corresponding work regime. C. Health and Safety in the Workplace The DOH NPMO, DOH RPMOs, BARMM Implementing Unit, PHOs, MHOs, and contractor and subcontractor, if any, will comply with the safety and health requirements at work established in RA 11058 and the OSH standards, subject to the provisions of the general guidelines on environment, health and safety of the World Bank[1] and international best practices on occupational health and safety measures. In this sense, as a minimum and without being limiting, it will comply with the following: ● Provide adequate welfare facilities with a safe infrastructure (i.e., workers’ quarters for board and loading), as necessary, that does not endanger the life or physical integrity of workers and visitors, eliminating all roads and access that represent a danger or risk to life; ● Provide the necessary and appropriate work material, as well as communications networks for the performance of functions, such as connection and access to the Internet, fixed and/or cellular telephone networks, equipment and/or machines, office supplies, and safety equipment to carry out their tasks, such as personal protective equipment; ● Schedule medical examinations at the beginning, during, and at the end of the employment relationship, being the safety officer that will supervise compliance; 18 FOR DISCLOSURE - APPRAISAL ● Guarantee the confidentiality of the information and documents provided by the worker, be they personal, family, health, economic, sexual, religious, or of any kind subject to the provisions of RA 10173 or the Data Privacy Act of 2012; ● Provide properly safe hygienic services, in good condition of use, that does not threaten the health or dignity of the workers, providing the necessary facilities for the safe access of personnel who have limitations in their movement; ● Provide a suitable area for people to eat their food in the places where the project is being executed; ● Prevent harmful mental stress due to conditions of work and take all reasonably practicable measures to eliminating excessive mental fatigue among workers, such as counselling or self-management programs, seminars on mental health and stress management, among others; ● Provide information dissemination on construction protocols and safety practices through mandatory worker’s trainings, signages, posters, fliers, and other media, to be conducted by the Safety Officer to all personnel. D. Inclusive, Respectful, and Equal Treatment of Workers The DOH NPMO, DOH RPMOs, BARMM Implementing Unit, PHOs, MHOs, and contractor and subcontractor, if any, assume the social responsibility of recognizing, respecting, and ensuring the protection of the inherent rights of all workers as individuals. Mechanisms will be implemented to prevent, in any of its forms, any discriminatory act, violence, sexual harassment, and/or any other workplace harassment, whether verbal, physical, and/or psychological that occurs as a consequence of labor relations within the project, including those acts that may occur as a result of the interaction among the workers, contractors, subcontractors and with the community (general population). Consistent with the objectives of the national government in preventing violence against women, the gender approach policy and respect for individual freedoms, will consider the following actions: ● Promotion of cooperative relations with the authorities (PNP, CSC, DOLE, LGUs, among others) to ensure timely and diligent responses when filing complaints of harassment or gender violence; ● Training and workshops for workers on current legislation and internal procedures regarding gender and workplace sexual harassment, providing the necessary guidelines to prevent and penalize harassment in the public and private sectors; ● The Human Resource staff concerned where the subprojects are to be undertaken will supervise the respect and observance of the current regulations on gender equality and people with disability;[2] ● Guarantee the right to confidentiality of the information obtained from the workers and medical examinations, and not to use said information to the detriment of the workers, subject to the provisions of RA 10173 or the Data Privacy Act of 2012; ● Rejection and sanction of the discriminatory treatment that stigmatizes workers with HIV/AIDS, implementing prevention and protection measures that protect them against situations of unjustified dismissal due to their physical condition in accordance with Republic Act No. 11166 or the Philippine HIV and AIDS Policy Act; and ● Rejection and sanction of acts of sexual harassment in the workplace, including respect of the right of those who identify themselves as a victim to go to the police, fiscal and/or judicial authorities in defense of their rights. All the aforementioned actions are in the Code of Conduct as contained in Annex 3. The DOH NPMO, DOH RPMOs, BARMM Implementing Unit, PHOs, MHOs will act in accordance with the stipulations of this section of the code. Further, the same section of the Code will be incorporated in the project contracts of contractors and subcontractors for conformity. E. Collective Bargaining/Collective Negotiation 19 FOR DISCLOSURE - APPRAISAL The 1987 Philippine Constitution guarantees the right of all workers to self-organize, collective bargaining and negotiations, and peaceful concerted activities, including the right to strike in accordance with law. The DOH shall ensure that Contractors/subcontractors will submit relevant documents of their respective trade unions/organizations to ascertain the validity and legality of said union/organization, especially its registration with the DOLE and that said union/organization is governed by its constitution and by-laws with respect to the DOH, the current Employees Association/Organization by-laws, if any, will be part of the documents in O&M preparation for this Attachment. Workers who, during the term of their contracts, voluntarily decide to unionize by joining the current trade union/organization may do so without restriction and under the guidelines prescribed in the Labor Code. Regarding the recognition of rights and compliance with the obligations of collective agreements, there are no differences between organized workers and those who are not, since compliance with the procedures, duties, and obligations of the LMP is applicable to all the workers participating in the Project. However, in the case of organized workers of the concerned union/organization, the commitments, and benefits generated by collective bargaining agreements correspond only to the members of the union or association. F. Worker’s Compensation Individuals hired through COS shall be paid by the prevailing market rates, subject to the provisions of Republic Act No. 9184 and its IRR. On the other hand, individuals hired through JO shall be paid wages equivalent to the daily wages/salary of comparable positions in government and a premium of up to 20% of such wage/salary. Workers employed by the third parties shall be paid in accordance with the Labor Code. Minimum wage rates to be applied shall be those prescribed by the Regional Tripartite Wages and Productivity Boards. The remunerations will be made: (i) respecting the amounts established in the employment contracts and/or the law; (ii) complying with the policies and legal provisions on non-discrimination in wages between men and women; (iii) without applying adjustments or deductions not authorized by the worker or applicable law; (iv) on a monthly basis by means of an account payment, on the date established in the contract; and (v) with the delivery of the respective payment slip. Any claim regarding the payment of salaries of direct workers may be made administratively to DOH or its Contractor/subcontractor where the subprojects are located in accordance with their contracts. For workers of the contractors or sub-contractors, any claim for payment of salaries shall be made before the DOLE in accordance with the Labor Code and other applicable laws. The DOH NPMO, DOH RPMOs, PHOs, MHOs, the contractor or subcontractor, if any, will assume the timely payment of the social benefits generated (bonuses, unemployment, vacation, among others), in full and when appropriate. Likewise, the expenses generated by the provision of the services in connection with the Project will be assumed by their corresponding employers, which may include mobility, representation expenses, per diem, etc. G. Worker’s Contracts The DOH NPMO, DOH RPMOs, BARMM Implementing Unit, PHOs, and MHOs will ensure that all contracts of JO and COS for the project, including possible cases in which the hiring of a worker is financed directly with a budget from the World Bank, must be consistent with the LMP and national regulations. Each worker must be hired according to the corresponding legal regime. Contracts must not be used to avoid the obligations under existing and applicable laws. 20 FOR DISCLOSURE - APPRAISAL The contract, written in a language known to the parties, shall be executed between the Executing Unit of the Project and the direct worker that specifies the following: ● Parties to the contract, including the name of worker, age, citizenship, civil status, gender, and address; ● Premises regarding the needed services, acceptance of the parties, qualifications of the worker, and attestation that the worker is not related within the fourth degree of consanguinity or affinity to the hiring authority and/or its representative, and that the worker has not been previously dismissed from government service by reason of administrative offense; and ● Terms and conditions of the contract, including the hours and place of work, remuneration payable to the worker, job description, summary of deliverables, duration of contract, procedure for suspension or termination of contract, statement that there is no employer- employee relationship between the contracting parties. In addition to the written contract, an oral explanation of the provision stated therein shall be provided to the contracting worker who may have difficulty understanding the provisions. The DOH NPMO, DOH RPMOs, BARMM Implementing Unit, PHOs, and MHOs shall ensure that the employment contract of workers of contractor and subcontractor shall include the following stipulations pursuant to DOLE DO 174, s. 2017: (i) the specific description of the job or work to be performed by the employee; and (ii) the place of work and terms and conditions of employment, including a statement of the wage rate applicable to the individual employee. The contractor and subcontractor shall inform the employee of the foregoing stipulations in writing on or before the first day of his/her employment. H. Benefits of Contracts For direct workers under JO or COS arrangements, the provisions of their contract executed pursuant to CSC-COA- DBM No. 1, s. 2017 shall be strictly complied with. Regarding the contracted workers (contractor and subcontractors), the DOH NPMO, DOH RPMOs, BARMM Implementing Unit, PHOs, and MHOs will assume continuous supervision over compliance with the socio-labor regulations through schedule of unexpected visits and/or periodic request for information on the contracts subscribed, contributions made and taxes paid to the Government. The workers are entitled to all the benefits under the Labor Code, as amended, and other applicable laws. All project workers will have protection against arbitrary dismissal, discrimination, sexual harassment, workplace harassment, and acts of violence. IX. GRIEVANCE MECHANISM The Grievance Redress Mechanism (GRM) has reference to the existing national policies such as the DOH’s Citizen Charter 2nd edition (2020), Civil Service Commission (CSC) Resolution no. 1701077 – 2017 Rules on Administrative Cases in the Civil Service (2017 RACCS), Department of the Interior and Local Government (DILG) Memorandum Circular no. 2017-109 – Designation of a Permanent Action Team for the Implementation of Citizen’s Complaint Hotline 8888, and the Labor Code of the Philippines (Presidential Decree no. 442 of 1974). Complaints about gender-based violence and sexual exploitation, abuse and sexual harassment (GBV SEAH) shall be subject to the procedures outlined in RA 7877 or the Anti-Sexual Harassment Act of 1995 and RA 11313 or the Safe Spaces Act. Government workers’ complaints shall observe the GRM procedures of DOH pursuant to CSC No. 2, s. 21 FOR DISCLOSURE - APPRAISAL 2001. For other labor issues or complaints emanating from the implementation of the project, this grievance mechanism will apply. Availing of the grievance mechanism process provided herein is without prejudice to the filing of appropriate complaint before the DOLE, CSC, or the proper courts and other competent authority. The DOH NPMO, DOH CHD RPMOs, and BARMM Implementing Unit will implement and disseminate the mechanism for handling complaints and grievances for project workers, which will be a transparent and timely procedure and will allow workers to raise complaints, claims, labor inquiries, or suggestions even anonymously. For grievances related occupational safety and health, the DOH NPMO shall coordinate with the Environmental and Occupational Health Division (EOHD) of the Disease Prevention and Control Bureau (DPCB) of DOH Central Office for the resolution of the case, as maybe appropriate. For GBV SEAH-related cases, the DOH NPMO shall coordinate with the Violence Against Women (VAWC) office of DOH for the resolution of the case. The GRM shall be made easily accessible to all project workers, with regular meetings to discuss any work-related issues and concerns to be conducted throughout the Project. Every grievance raised by a worker will be documented including the actions undertaken by the office to address such grievance. This mechanism will be replicated in contractor and subcontractor companies. The means to make complaints, claims, work inquiries, or suggestions can be through face-to-face, virtual, website, and phone call. Template for the contact information to be provided during the implementation is shown in Table 3. Means Contact Details Telephone [phone number] Email [project email] Web [project GRM webpage] In Person [DOH NPMO Office address] [DOH CHD RPMO Office address] [BARMM Implementing Unit Office Address] 8:00AM to 5:00PM [Contact person/ESS or GRM focal] A. DOH Workers Management of DOH personnel is governed by the Civil Service Commission which requires the establishment of a Grievance Redress Committee in charge of preventing and addressing grievances as stipulated in the following provisions: ● The Grievance Committee shall develop and implement pro-active measures or activities to prevent grievance such as employee assembly which shall be conducted at least once every quarter, “talakayan” counselling and other HRD interventions; ● Conduct continuing information drive on Grievance machinery among officials and employees in collaboration with the Personnel Administration Division; ● Conduct dialogue between and among the parties involved; ● Conduct investigation and hearing within ten (10) days from receipt of the grievance and render a decision within five (5) working days after the investigation. Provided, however where the object of the grievance is the grievance committee, the aggrieved party may submit the grievance to top management; ● Direct the documentation of the grievance management process including the preparation and signing of written agreements reached by the parties involved: ● Issue Certification on the Final Action on the Grievance (CFAG) which shall contain, among other things, the information, history and final action taken by the agency on the grievance, and; 22 FOR DISCLOSURE - APPRAISAL ● Submit a quarterly report of its accomplishments and status of unresolved grievance to the Civil Service Commission Regional Office concerned. B. Contractors Contractors are expected to hire much of their laborers upon assuming the civil works contract. At the time of recruitment, workers will be informed of the grievance mechanism and the measures put in place to protect them against any reprisal for its use. The grievance mechanism shall be made easily accessible to all project workers. Regular meetings with the project workers to discuss any work-related issues and concerns will be conducted. Every grievance raised by a worker will be documented with the actions undertaken by the office to address such grievance. The aggrieved worker may raise any issue anonymously through a letter which shall be submitted to his/her immediate supervisor’s office. All non-anonymous grievances relative to adequate working conditions, standard occupational safety and health and other concerns from the workers shall be addressed following the procedures outlined below: ● The grievance shall be filed by the workers to the Contractor who shall follow the DOLE procedures in handling the complaints. The Contractor shall act within 15 days upon receipt thereof. ● If no understanding or amicable solution can be reached, or if the complainant does not receive a response from the Contractor within 15 days of registry of the complaint, he/she can appeal to the project grievance focal person within DOH, which should act on the complaint/grievance within 15 days from the day of its filing. If the PIU does not see itself fit to address the complaint it will immediately bring the matter to the concerned DOLE office. ● If the complainant is not satisfied with the resolution offered by the PIU, he/she can appeal to the concerned DOLE office, which should act on the complaint/grievance within 15 days from the day of its filing. C. Public Incidents categorization: There are three levels of classification: Indicative, Serious and Severe Indicative. Indicative: A relatively minor, small-scale, localized incident that negatively impacts a small geographical area or a small number of people and does not result in significant or irreparable harm to people, or failure to implement required E&S measures with limited immediate impacts. Although relatively minor and limited in its immediate effects, this type of incident may be indicative of wider-scale issues or underlying organizational weaknesses within a project that could lead to serious or severe incidents if left uncorrected. Serious: An incident that caused or may cause significant harm to the workers or communities, is complex or costly to reverse and may result in some level of lasting damage or injury; or failure to implement E&S measures with significant impacts or repeated non-compliance with E&S policies; or failure to remedy Indicative non-compliance that may potentially cause significant impacts. Examples of serious incidents may include injuries to workers that require off-site medical attention, exploitation or abuse of vulnerable groups, and consistent lack of Occupational Health and Safety (OHS) plans in a civil works project, among others. Severe: Incidents that caused or may cause great harm to individuals, or present significant reputational risks that could hamper the World Bank’s ability to operate in a country or region. The Borrower’s inability or unwillingness to remedy situations that could result in serious or severe harm would be a factor in classification. A severe incident is complex and expensive to remedy (if possible) and is likely irreversible. A fatality is automatically classified as severe, including forced or child labor, abuses of community members by project security forces or other project workers (including GBV), violent community protests a project, kidnapping, and trafficking in persons. Serious and severe incidents need to be reported to the World Bank no later than 48 hours with basic information (using Annex 4 Incident Form B) and a detailed incident report within 10 working days (Annex 5 Incident Form C). 23 FOR DISCLOSURE - APPRAISAL Incident Report: The Incident Report should be 1 – 2 pages and include, at a minimum, the following information: • Country, Name of Project, • Preliminary classification of the incident, • What was the incident? What happened? To what or to whom? • Where and when did the incident occur? • When and how did the Project find out about it? • Are the basic facts of the incident clear and uncontested, or are there conflicting versions? What are those versions? • What were the conditions or circumstances under which the incident occurred (if known at this stage? • Is the incident still ongoing or is it contained? • Is loss of life or severe harm involved? • What is their response to date? • What measures have been or are being implemented by the Project/Contractor? Furthermore, any worker can also refer to the project GRM and its channels, which is further described in the SCEP. X. MANAGEMENT OF CONTRACTORS AND SUBCONTRACTORS The responsibility for compliance with the LMP will be cascading, and not only applicable to DOH NPMO, DOH RPMOs, BARMM Implementing Unit, PHOs, and MHOs, but also on the contractor, subcontractors, and the primary suppliers or third parties in charge, which will be incorporated in the respective contracts. For the hiring of the workers of the contractors, subcontractors, and the primary suppliers or third parties that they hire, the same obligation applies with respect to compliance with the LMP and its Annexes, the World Bank’s ESF, and national and international regulations applicable to the project workers. The scope and procedures of the LMP are not only exclusively for DOH NPMO, DOH RPMOs, BARMM Implementing Unit, PHOs, and MHOs, and the workers that it hires, but is also extended to the contractor companies (works executor), the work supervisor, subcontractors, primary suppliers, third parties, and all personnel related to the execution of the project; therefore, it must be disseminated and enforced. Responsibilities of DOH BIHC and NPMO 1. The DOH BIHC and NPMO will request details in writing before a contract is signed from the Contractor of the measures being taken to address labor and working conditions risks. The construction contract should include health and safety requirements, and these can be used as the basis for identification of, and requirements to implement, COVID-19 specific measures. The measures may be presented as a contingency plan, as an extension of the existing project emergency and preparedness plan or as standalone procedures. The measures may be reflected in revisions to the project’s health and safety manual. 2. The DOH BIHC and NPMO should require the Contractor to convene regular meetings with the project health and safety specialists and medical staff (and where appropriate the local health authorities), and to take their advice in designing and implementing the agreed measures. 3. The contractor shall assign a senior staff as a focal point to deal with OSH and other labor-related grievance during construction. This can be a work supervisor or a health and safety specialist. This person can be 24 FOR DISCLOSURE - APPRAISAL responsible for coordinating preparation of the site and making sure that the measures taken are communicated to the workers, those entering the site and the local community. It is also advisable to designate at least one back-up person in case the focal point becomes ill; that person should be aware of the arrangements that are in place. 4. The DOH BIHC and NPMO may provide support in identifying appropriate mitigation measures, particularly where these will involve interface with local services, in particular health and emergency services. In many cases, the BIHC can play a valuable role in connecting the Contractor with local Government agencies, and helping coordinate a strategic response, which takes into account the availability of resources. 5. Workers should be encouraged to use the existing project grievance mechanism to report concerns relating to OSH, discrimination, GBV-SEAH, and other labor contract issues, and if policies and procedures are being implemented to ensure that labor standards and proper labor management are enforced in the workplace. 6. The DOH BIHC and NPMO shall closely coordinate with DPCB-EOHD in the implementation and monitoring of LMP measures and resolution of grievances specific to occupational health and safety. The DOH BIHC and NPMO shall coordinate with the VAWC office of DOH for any grievances related to GBV SEAH arising from the project. Responsibilities of the Contractor Prior to Deployment 1. Only persons from eighteen (18) to fifty-nine (59) years of age, without pre-existing health conditions, such as, but not limited to, immunodeficiency, comorbidities, or other health risks, including any person who resides with the aforementioned; and who did not come into contact with someone with COVID-19 shall be allowed to be included in the workforce, in accordance with the Omnibus Guidelines on the Implementation of Community Quarantine in the Philippines (“OG”) dated 22 October 2020. 2. The contractors, subcontractors, and suppliers shall prepare an Occupational Safety and Health (OSH) Plan outlining the specific OSH measures to be implemented during and after deployment of workers, which should follow the minimum requirements to comply with relevant OSH policies. 3. The contractors, subcontractors, and suppliers shall provide for their personnel/workers the necessary welfare facilities and amenities, such as employees’ quarters for board and lodging, ensuring compliance to social distancing, proper hygiene, etc. Contractors shall submit the design for the said welfare facilities and amenities, for monitoring, to BIHC. 4. Contractors shall ensure compliance with DOLE D.O. NO. 13 series of 1998. Contractors shall provide their personnel and workers continuous supply of vitamins, particularly vitamin C, other over the counter medicines, quarantine facilities, and oxygen tanks for emergency purposes. 5. Contractors shall provide disinfection facilities in their respective project sites in compliance with pertinent DOH and IATF Guidelines, to be placed at strategic locations to ensure the safety and welfare of all personnel. 6. Proper information dissemination on occupational safety and health protocols and other construction safety practices shall be conducted by Safety Officers to all personnel. During Deployment 1. Conduct an inventory of works for the construction sequencing to be followed. Break times shall be conducted in a staggered manner. 2. Field offices, employees’ quarters, and other common areas shall be regularly cleaned and maintained including the daily disinfection of such facilities. 3. Adequate food, safe/potable drinking water, disinfectants, and hand soaps shall be made available by the concessionaires, contractors, subcontractors, and suppliers to its in-house personnel. 25 FOR DISCLOSURE - APPRAISAL 4. Daily monitoring of the pre- and post- work health conditions of workers shall be undertaken by the contractors, subcontractors, and suppliers including, but not limited to, temperature, health, and exposure monitoring, as preventive measures. Personnel with manifestations or symptoms relative to COVID-19 shall be immediately isolated and quarantined for fourteen (14) days and if necessary, brought to the nearest DOH COVID-19 treatment facility under strict confidentiality and privacy. Proper protocols in accordance with the DTI and DOLE Interim Guidelines on Workplace Prevention and Control of COVID-19 shall likewise be strictly observed. A daily health monitoring report to be prepared by the Safety Officer shall be submitted to the DOH CHD RPMO. The Contractor will also cover the medical bills and wages of the workers should they be infected by the virus. 5. Work activities shall be under daily strict monitoring by the Safety Officer at site to ensure compliance to occupational health and safety standards. 6. The supervising engineers and safety officers assigned at the site shall ensure strict compliance to DOLE D.O. 13, series of 1998, and implementation of wearing additional Personal Protective Equipment (PPE) required such as, but not limited to, face masks, safety glasses/goggles, face shields, and long sleeve T-shirts. 7. For off-site employees’ quarters, transport service, as necessary, duly disinfected before and after use, shall be provided. 8. Sharing of construction and office equipment is discouraged. However, if necessary, the shared equipment must be disinfected in between transfers amongst personnel. 9. All material and equipment delivery and disposal shall be conducted by a specific team of personnel on an isolated loading/unloading zone while limiting contact with the delivery/disposal personnel. All material and/or equipment entering the construction site shall be duly disinfected, as possible. 10. Non-essential personnel, visitors, and the public shall be restricted to enter the construction site, employees’ quarters, and field offices. Otherwise, all personnel entering the construction site premises on a temporary basis (e.g. Delivery truck drivers, inspectors, etc.) shall be properly logged and checked for symptoms. Gatherings, Liquors, and/or merry – making are strictly prohibited within the construction site premises. 11. Proper waste disposal shall be provided for infectious waste such as PPEs and other waste products coming from outside the construction premises. 12. Requirements on general hygiene should be communicated and monitored, to include: (a) Training workers and staff on site on the signs and symptoms of COVID-19, how it is spread, how to protect themselves (including regular handwashing and social distancing) and what to do if they or other people have symptom. (b) Placing posters and signs around the site, with images and text in local languages (c) Ensuring handwashing facilities supplied with soap, disposable paper towels and closed waste bins exist at key places throughout site, including at entrances/exits to work areas; where there is a toilet, canteen or food distribution, or provision of drinking water; in worker accommodation; at waste stations; at stores; and in common spaces. Where handwashing facilities do not exist or are not adequate, arrangements should be made to set them up. Alcohol based sanitizer (if available, 60-95% alcohol) can also be used. (d) Setting aside part of worker accommodation for precautionary self-quarantine as well as more formal isolation of staff who may be infected (e) Conducting regular and thorough cleaning of all site facilities, including offices, accommodation, canteens, common spaces. Review cleaning protocols for key construction equipment (particularly if it is being operated by different workers). (f) Providing cleaning staff with adequate cleaning equipment, materials and disinfectant. (g) Reviewing general cleaning systems, training cleaning staff on appropriate cleaning procedures and appropriate frequency in high use or high-risk areas. (h) Where it is anticipated that cleaners will be required to clean areas that have been or are suspected to have been contaminated with COVID-19, providing them with appropriate PPE: gowns or aprons, gloves, 26 FOR DISCLOSURE - APPRAISAL eye protection (masks, goggles or face screens) and boots or closed work shoes. If appropriate PPE is not available, cleaners should be provided with best available alternatives. (i) Training cleaners in proper hygiene (including handwashing) prior to, during and after conducting cleaning activities; how to safely use PPE (where required); in waste control (including for used PPE and cleaning materials). (j) Any medical waste produced during the care of ill workers should be collected safely in designated containers or bags and treated and disposed of following relevant requirements (e.g., national, WHO). 13. Consider whether existing project medical services are adequate, taking into account existing infrastructure (size of clinic/medical post, number of beds, isolation facilities), medical staff, equipment and supplies, procedures and training. Where these are not adequate, allocate in the project cost the upgrading of services, including: (a) Training medical staff, which should include current WHO advice on COVID-19 and recommendations on the specifics of COVID-19. Where COVID-19 infection is suspected, medical providers on site should follow WHO interim guidance on infection prevention and control during health care when novel coronavirus infection is suspected. (b) Assessing the current stock of equipment, supplies and medicines on site, and obtaining additional stock, where required and possible. This could include medical PPE, such as gowns, aprons, medical masks, gloves, and eye protection. Refer to WHO guidance as to what is advised. (c) If PPE items are unavailable due to world-wide shortages, medical staff on the project should agree on alternatives and try to procure them. Alternatives that may commonly be found on constructions sites include dust masks, construction gloves and eye goggles. While these items are not recommended, they should be used as a last resort if no medical PPE is available. (d) Ventilators will not normally be available on work sites, and in any event, intubation should only be conducted by experienced medical staff. If a worker is extremely ill and unable to breathe properly on his or her own, they should be referred immediately to the local hospital. (e) Review existing methods for dealing with medical waste, including systems for storage and disposal. 14. Given the limited scope of project medical services, the project may need to refer sick workers to local medical services. Preparation for this includes: (a) Obtaining information as to the resources and capacity of local medical services (e.g. number of beds, availability of trained staff and essential supplies). (b) Conducting preliminary discussions with specific medical facilities, to agree what should be done in the event of ill workers needing to be referred. (c) Considering ways in which the project may be able to support local medical services in preparing for members of the community becoming ill, recognizing that the elderly or those with pre-existing medical conditions require additional support to access appropriate treatment if they become ill. (d) Clarifying the way in which an ill worker will be transported to the medical facility and checking availability of such transportation. (e) Establishing an agreed protocol for communications with local emergency/medical services (f) Agreeing with the local medical services/specific medical facilities the scope of services to be provided, the procedure for in-take of patients and (where relevant) any costs or payments that may be involved. After Deployment 1. Close out of the project activities 2. Resolution of pending environmental and social safeguards concerns 3. Decommissioning 4. Reinstate the project site, especially the temporary facilities 27 FOR DISCLOSURE - APPRAISAL XI. IMPLEMENTATION ARRANGEMENTS OF HRSP AND THIS LMP All obligations on labor matters assumed by DOH and its implementing DOH Regional CHDs, will be transmitted, through contractual clauses, to contractors or third parties to guarantee compliance with the LMP. However, the responsibility to supervise and guarantee compliance will fall on DOH NPMO, DOH RPMOs, and BARMM Implementing Unit. The responsibilities of the executing unit and the main stakeholders in key functions for the project are shown in Table 3 Institution Key LMP Functions 1 DOH NPMO, DOH ● Compliance with current labor regulations and LMP RPMO, BARMM ● Hiring and management of Project workers Implementing Unit, ● Engagement and management of contractors/subcontractors PHOs/IPHOs, MHOs and ● Ensuring health and safety in the workplace designated ESS focal ● Manage complaints and grievances of workers persons ● Disseminate LMP among workers and conduct trainings 2 Contractor ● Compliance with current labor regulations and LMP ● Hiring and administration of Project workers ● Ensuring health and safety in the workplace ● Manage complaints and grievances of workers ● Disseminate LMP among workers and conduct trainings 3 Subcontractor ● Hiring and administration of Project workers ● Ensuring health and safety in the workplace ● Manage complaints and grievances of workers ● Disseminate LMP among workers and conduct trainings XII. MONITORING AND REPORTING The implementation and compliance to the LMP will be regularly supervised and monitored by DOH NPMO and respective DOH CHD RPMO and BARMM Implementing Unit ESF Focal Persons in coordination with the respective PHOs/IPHOs, MHOs, and contractors/subcontractors. The contractors/subcontractors will submit monthly progress reports to DOH CHD RPMO and BARMM Implementing Unit which will include LMP-related compliance. The DOH CHD RPMOs and the BARMM Implementing Unit will submit quarterly progress reports to DOH NPMO including summary of GRM grievances received, processed, and resolved. The DOH NPMO will submit quarterly ESS progress reports to World Bank which will include summary of LMP compliance updates. An LMP Monitoring Form is presented as Annex 2. XIII. DISSEMINATION OF THIS LMP Stakeholders have been consulted on the project in January and March 2024, and consultations on the E&S implementation arrangements, E&S risks and mitigation measures, and draft ESMF, SCEP and LMP were undertaken in May 2024 in Kalinga, Mt. Province, Bohol, Agusan del Sur, and Maguindanao del Norte (sites selected based on 28 FOR DISCLOSURE - APPRAISAL representability of the project areas, stakeholders, and DOH implementation arrangements). Feedback was incorporated into the final E&S documents, including this LMP. 29 FOR DISCLOSURE - APPRAISAL ANNEXES Annex 1. Labor Requirements for Contractors or Service Providers 1. The contractor or service provider should meet the following requirements: (a) Duly registered with the Department of Labor and Employment (DOLE); (b) Duly registered with the Bureau of Internal Revenue (BIR); (c) For sole proprietorship, duly registered with the Department of Trade and Industry (DTI); (d) For corporations and partnerships, duly registered with the Securities and Exchange Commission (SEC); and (e) Must be an active employer registered with the following agencies: (i) SSS; (ii) Home Development Mutual Fund (Pag-IBIG Fund); and Philippine Health Insurance Corporation (PhilHealth). 2. Workers hired through an institutional contract of service shall remain to be employees of the contractor or service provider. The discipline of workers under an institutional contract of service shall be the responsibility of the contractor or service provider. The head of the procuring entity may report to the contractor or service provider any misconduct or wrongdoing of the said worker/s.21 Under CSC-COA-DBM No. 1, s. 2018, the institutional contract to be entered into by government agencies with a contractor or service provider shall include a provision that will state that the existing qualified COS or JO workers engaged by the agencies may be considered in the hiring by the contractor or service provider. 3. The contractor or service provider shall be responsible for providing the workers with compensation and benefits compliant with existing labor law22 including the necessary social security and other benefits mandated by law in addition to the direct compensation as payment for their services.23 4. Contracting and subcontracting arrangements are permitted under the Philippine labor laws and must follow the rules regarding the observance of workers' rights to fair and humane work conditions, security of tenure, self- organization, and collective bargaining, and the other requirements of labor laws, including occupational safety and health (OSH) standards and requirements.24 Labor-only contracting is illegal.25 Under legal contracting or subcontracting arrangement, there exists an employer-employee relationship between the contractor and the workers he has hired to perform the job or service, and there is a contractual relationship between the principal and the contractor.26 5. Philippine laws and regulations recognize the following types of employment for the private sector.27 21 Paragraph 6.1.3, CSC-COA-DBM Joint Circular No. 1, Series of 2017 22 Title II (Wages), Book 3 (Conditions of Employment) of the Labor Code, as amended 23 Paragraph 6.1.4, CSC-COA-DBM Joint Circular No. 1, Series of 2017 24 DOLE DO 198, s. 2018 25 There is “labor-only” contracting where the person supplying workers to an employer does not have substantial capital or investment in the fo rm of tools, equipment, machineries, work premises, among others, and the workers recruited and placed by such person are performing activities which are directly related to the principal business of such employer. In such cases, the person or intermediary shall be considered merely as an agent of the employer who shall be responsible to the workers in the same manner and extent as if the latter were directly employed by him. (Art. 106, Labor Code) 26 If a violation of a Labor Code provision occurs, the principal and contractor are solidarily liable, to the extent of work done under the employment contract. The principal, though, shall be considered the direct employer of the contractor's employees in instances wherein a capable authority has found that there is labor-only contracting or prohibited activities have occurred. 27 To ascertain the existence of an employer-employee relationship, the four-fold test shall apply, to wit: (i) the selection and engagement of the employee; (ii) the payment of wages; (iii) the power of dismissal; and (iv) the power to control the employee’s conduct or the so called “control test”. Under the control 30 FOR DISCLOSURE - APPRAISAL ● Regular employment covers employees who perform activities that are usually necessary or desirable in the usual business or trade of the employer. ● Other employment arrangements include:28 (a) Project worker - workers whose period of employment has been fixed for a specific undertaking, the completion of which has been determined at the time of the engagement. It is not sufficient that an employee is hired for a specific project or phase of work. There must also be a determination of, or a clear agreement on, the completion or termination of the project at the time the employee is engaged. The services of project employees are beginning, subject to mutual agreement between the parties, free consent coterminous with the project; (b) Seasonal worker - the work is to be performed only at a certain time of the year and the employment is for the duration of that time of the year; (c) Casual worker - engagement is to perform work that is merely incidental to the business, and done for a definite period made known to the employee at the time of engagement; and (d) Fixed period employment - the beginning and termination dates of employment have been set before the employment relationship or the parties dealt with each other on equal terms. 6. All workers to be employed by the contractor will comply with RA 6685 which states that all private contractors and subcontractors who have been awarded national and local public works29 projects, including foreign- assisted projects, by the national government or any local government unit (LGU), must employ 50% of the unskilled and 30% of the skilled labor requirements from the unemployed bona fide and actual residents in the province, city and municipality who are ready, willing and able as determined by the governor, city mayor or municipal mayor concerned where the projects are to be undertaken. 7. Likewise, vulnerable workers such as women, persons with disabilities, and Indigenous Peoples (IPs), who will be engaged by the Project will be protected under the applicable provisions of the Labor Code, RA 8173 or the Indigenous Peoples’ Rights Act (IPRA) and other laws and guidelines. Annex 2: Labor Management Plan (LMP) Monitoring Form Template Status Gaps/ Barriers for Actions to be Item (Complied/N Risk Implementation of Taken ot Complied) Assessment Item B1. Labor and Working Conditions Workers are above minimum legal age Workers are provided and are wearing proper PPEs at all times Workers are aware and practice the Code of Conduct (CoC) Designated OHS Committee and Safety Personnel B2. Assessment of Potential Labor Risks test, an employer- employee relationship exists where the person for whom the services are performed reserves the right to control not only the end achieved, but also the manner and means used to achieve that end. David vs. Macasio, G.R. No. 1954661, July 2, 2014 28 The requisites for each must be met. If not, the arrangement is disregarded, and the employee is deemed a regular employee. 29 Public works projects referred to include national, provincial, city, municipal, and barangay projects including but not limited to roads, schools, power and water systems, piers, airports and similar projects. 31 FOR DISCLOSURE - APPRAISAL Status Gaps/ Barriers for Actions to be Item (Complied/N Risk Implementation of Taken ot Complied) Assessment Item Pre-employment health checks Controlled entry and exit from site/workplace Provision of accommodation arrangements to reduce contact with community which enables physical distancing with regular disinfection Provision of sanitation and hygiene facilities which are regularly disinfected Reviewed contract durations, to reduce the frequency of workers entering/exiting the site Rearranged work tasks or reducing numbers on the worksite to allow social/physical distancing, or rotating workers through a 24-hour schedule Provided appropriate forms of personal protective equipment (PPE) to all personnel Alternatives to direct contact such as telemedicine appointments and livestream of instructions B3. Labor Legislation Wage and Welfare Employees shall receive their wages by means of legal tender, at least once every two weeks or twice a month at intervals not exceeding sixteen (16) days. In a contracted work, employees of the contractor and of the latter’s subcontractor, shall also be paid in accordance with the labor code. The wage paid by the employers to the workers shall not be lower than the prescribed minimum wage set by the Regional Tripartite Wages and Productivity Boards. Working time, Rest Days and Holidays The normal work hours for every employee shall not exceed eight (8) hours a day. If all or any part of the employee’s working hours falls on 10:00 PM to 6:00 AM, he/she shall be entitled to a night shift pay in addition to the regular wage. If the worked performed exceeds the normal working hours, he/she shall be given overtime pay. It is the right of every employee for a rest period not less than twenty-four (24) consecutive hours after every six (6) consecutive normal workdays. Compensation shall be given for work performed during holidays and Sundays. Equal Rights 32 FOR DISCLOSURE - APPRAISAL Status Gaps/ Barriers for Actions to be Item (Complied/N Risk Implementation of Taken ot Complied) Assessment Item Workers shall have the right to self- organization and to form, join, or assist labor organizations of their own choosing for purposes of collective bargaining Gender discrimination in employment and labor relations shall be prohibited. Male and female employees are entitled to equal compensation for work of equal value and access to promotion and training opportunities. Occupational Health and Safety Equip a place of employment for workers free from hazardous conditions that are causing or are likely to cause death, illness or physical harm to the workers where physical distancing can be observed. Sanitation and hygiene facilities should also be present and well- disinfected regularly for the safety of workers. Provide complete job safety instructions and proper orientation to all workers including, but not limited to, those entering the job for the first time and to those relating to familiarization with their work environment. Inform the workers of the hazards associated with their work, health risks involved or to which they are exposed to, preventive measures to eliminate or minimize the risks, and steps to be taken in case of emergency. Use only approved specific industry set of standards of devices and equipment for the workplace as applicable. Comply with OSH standards including training, medical examination, and when necessary, provisions on protective and safety devices such as PPE and machine guards. Training for workers shall include health promotion, hazards associated with their work, health risks involved or to which they are exposed to, preventive measures to eliminate or minimize risks, steps to be taken in case of emergency, and safety instructions for the jobs, activities and tasks to be handled by workers Make arrangements for workers and their representatives to have the time and resource to participate actively in the processes of organizing, planning and implementation, monitoring, evaluation and action for improvement of the OSH management system 33 FOR DISCLOSURE - APPRAISAL Status Gaps/ Barriers for Actions to be Item (Complied/N Risk Implementation of Taken ot Complied) Assessment Item Provide, when necessary, for measures identifying trainings and drills, evacuation plans, etc., to deal with emergencies, fires and accidents including first-aid arrangements Report to their immediate supervisor or any other responsible safety and health personnel any work hazard that may be discovered in the workplace Report accidents, dangerous occurrences, COVID-19 cases, and hazards to the employer, to DOLE, and to other concerned competent government agencies. B4. Contractor’s Personnel Grievance Redress Mechanism (GRM) Development of a GRM for the project site Implementation and monitoring of the GRM for civil works B5. Contractor Management Prior to Deployment Only persons from 21 to 59 years of age, without pre-existing health conditions, such as, but not limited to, immunodeficiency, comorbidities, or other health risks, including any person who resides with the aforementioned; and who did not come into contact with someone with COVID-19 shall be allowed to be included in the workforce. Construction personnel shall be required to undergo any available COVID-19 test, as may be prescribed by DOH, and retested as the need arises. In this regard, consultation with medical doctors prior to the conduct of COVID-19 test shall be made. The provisions apply on the likely event of recurrence of COVID-19 pandemic. The contractors, subcontractors, and suppliers shall provide for their personnel/workers the necessary welfare facilities and amenities, such as employees’ quarters for board and lodging, ensuring compliance to social distancing, proper hygiene, etc. Contractors shall submit the design for the said welfare facilities and amenities, for monitoring to DPCB. Contractors shall provide their personnel and workers continuous supply of vitamins, particularly vitamin C, other over -the- counter medicines, quarantine facilities, and oxygen tanks for emergency purposes. Contractors shall provide disinfection facilities in their respective project sites in compliance with pertinent DOH and IATF Guidelines, to be placed at strategic 34 FOR DISCLOSURE - APPRAISAL Status Gaps/ Barriers for Actions to be Item (Complied/N Risk Implementation of Taken ot Complied) Assessment Item locations to ensure the safety and welfare of all personnel. Information dissemination regarding COVID- 19 construction protocols on top of existing construction safety practices shall be conducted by Safety Officers to all personnel. the provisions apply on the likely event of recurrence of COVID-19 pandemic. For Government construction projects, personal records of all personnel necessary for contact tracing shall be submitted by the contractors, subcontractors, and suppliers to the DPWH IO and shall be resubmitted and updated monthly, or as the need arises. During Deployment Conduct an inventory of works for the construction sequencing to be followed and undertaken to uphold the required social distancing. Break times shall be conducted in a staggered manner. Employees shall be housed in their respective quarters for the entire duration of the project covered by the ECQ and GCQ. Otherwise, “Prior to Deployment” procedures shall be conducted at every instance of re-entry. Errands to be conducted outside the construction site premises shall be kept to a minimum. Number of personnel running errands shall be limited and shall be properly disinfected and closely monitored for symptoms within fourteen (14) days upon re-entry. Field offices, employees’ quarters, and other common areas shall be regularly maintained including the daily disinfection of such facilities. Adequate food, safe potable drinking water, disinfectants, and hand soaps shall be made available by the concessionaires, contractors, subcontractors, and suppliers to its in – house personnel. Daily monitoring of the pre- and post- work health conditions of workers shall be undertaken by the contractors, subcontractors, and suppliers including, but not limited to, temperature, health, and exposure monitoring, as preventive measures. Personnel with manifestations or symptoms relative to COVID-19 shall be immediately isolated and quarantined for fourteen (14) days and if necessary, brought to the 35 FOR DISCLOSURE - APPRAISAL Status Gaps/ Barriers for Actions to be Item (Complied/N Risk Implementation of Taken ot Complied) Assessment Item nearest DOH COVID-19 treatment facility under strict confidentiality and privacy. Work activities shall be under daily strict monitoring by the Safety Officer at site to ensure compliance to safety standards and quarantine protocols. The Contractor will also cover the medical bills and wages of the workers should they be infected by the virus. Implementation of wearing additional Personal Protective Equipment (PPE) required such as, but not limited to, face masks, safety glasses/goggles, face shields, and long sleeve T-shirts, to contain the spread of COVID-19 in the workplace. This applies on the likely event of recurrence of COVID-19 pandemic. For off-site employees’ quarters, transport service, duly disinfected before and after use, shall be provided, with social distancing observed. Sharing of construction and office equipment is discouraged. However, if necessary, the shared equipment must be disinfected in between transfers amongst personnel. All material and equipment delivery and disposal shall be conducted by a specific team of personnel on an isolated loading/unloading zone while limiting contact with the delivery/disposal personnel. Non-essential personnel, visitors, and the general public shall be restricted to enter the construction site, employees’ quarters, and field offices. Proper waste disposal shall be provided for infectious waste such as PPEs and other waste products coming from outside the construction premises. Training workers and staff on site on the signs and symptoms of COVID-19, how it is spread, how to protect themselves, and what to do if they or other people have symptoms. This applies on the likely event of recurrence of COVID-19 pandemic. Placing posters and signs around the site, with images and text in local languages. Ensuring handwashing facilities supplied with soap, disposable paper towels and closed waste bins exist at key places throughout site, including at entrances/exits to work areas; where there is a toilet, canteen or food distribution, or provision of 36 FOR DISCLOSURE - APPRAISAL Status Gaps/ Barriers for Actions to be Item (Complied/N Risk Implementation of Taken ot Complied) Assessment Item drinking water; in worker accommodation; at waste stations; at stores; and in common spaces. Setting aside part of worker accommodation for precautionary self- quarantine as well as more formal isolation of staff who may be infected. Conducting regular and thorough cleaning of all site facilities, including offices, accommodation, canteens, common spaces. Provision of cleaning staff with adequate cleaning equipment, materials, and disinfectant. Review of general cleaning systems, training cleaning staff on appropriate cleaning procedures and appropriate frequency in high use or high-risk areas. Where it is anticipated that cleaners will be required to clean areas that have been or are suspected to have been contaminated with COVID-19, providing them with appropriate PPE: gowns or aprons, gloves, eye protection (masks, goggles or face screens) and boots or closed work shoes. This applies on the likely event of recurrence of COVID-19 pandemic. Training cleaners in proper hygiene (including handwashing) prior to, during and after conducting cleaning activities; how to safely use PPE (where required); in waste control (including for used PPE and cleaning materials). Any medical waste produced during the care of ill workers should be collected safely in designated containers or bags and treated and disposed of following relevant requirements (e.g., national, WHO). Consider whether existing project medical services are adequate, taking into account existing infrastructure (size of clinic/medical post, number of beds, isolation facilities), medical staff, equipment and supplies, procedures and training. B6. Use of security personnel In case project activities are supported by private or government security personnel, it will be ensured that the security personnel follow a strict code of conduct and avoid any escalation consistent with the ESF and IFC guidance on the use of security personnel (IFC Good Practice Handbook on the Use of Security Forces: Assessing and Managing Risks and Impacts) 37 FOR DISCLOSURE - APPRAISAL 38 FOR DISCLOSURE - APPRAISAL Annex 3: Contractor’s and Worker’s Codes of Conduct (CoC) Contractor’s Code of Conduct 1. The contractor shall fully comply with all applicable Philippine labor laws and regulations on the rights of workers, paying particular attention to the following requirements: (a) Employees shall receive their wages by means of legal tender, at least once every two weeks or twice a month at intervals not exceeding 16 days. (b) The wage paid by the employers to the workers shall not be lower than the prescribed minimum wage set by the Regional Tripartite Wages and Productivity Boards. (c) Contractor and subcontractor employees shall be paid in accordance with the Labor Code. (d) The normal work hours for every employee shall not exceed 8 hours a day. Rest periods of short duration during working hours are counted as hours worked. (e) If all or any part of the employee’s working hours fall between 10:00 PM to 6:00 AM, he/she shall be entitled to a night shift differential in addition to the regular wage. If the work performed exceeds the normal working hours, he/she shall be given overtime pay. (f) It is the right of every employee for a rest period of not less than 24 consecutive hours after every 6 consecutive normal workdays. (g) Compensation shall be given for work performed during holidays and rest days. 2. The contractor shall fully comply with the country laws and regulations regarding the hiring of minors and children. It should not allow any child below 14 years old to work either directly under its supervision or indirectly under the supervision of its subcontractors. Minors of 15 to 18 years of age may be employed if the work is not in a non-hazardous environment, does not impede their well-being, and in compliance with para 19 of ESS2. 3. The contractor shall fully comply with the country laws and regulations on non- discrimination, paying particular attention on the following: (a) Gender discrimination in employment and labor relations shall be prohibited. Male and female employees are entitled to equal compensation for work of equal value and access to promotion and training opportunities. (b) There should not be any discrimination in the hiring, wages and benefits, working hours and provision of OSH protection against members of the indigenous communities. 4. The contractor must set up its own internal grievance redress mechanism for labor-related complaints, which is accessible by workers in the construction site. It must also allow workers to access the external grievance redress system being provided under the country's labor laws. 5. The contractor must give priority to the hiring of the locals and must comply with the provisions of the RA 6685 which states that "all private contractors and subcontractors who have been awarded national and local public works projects, including foreign-assisted projects, by the National Government or any local government unit, must employ 50% of the unskilled and 30% of the skilled labor requirements from the unemployed bona fide and actual residents in the province, city and municipality who are ready, willing and able as determined by the governor, city mayor or municipal mayor concerned where the projects are to be undertaken." 6. The contractor shall comply with all the pertinent laws and regulations on Occupational Health and Safety, paying particular attention to the following requirements: 39 FOR DISCLOSURE - APPRAISAL (a) Provide a field office/bunkhouse with sleeping quarters/rest area, toilet facilities and other amenities as required by DOLE-BWC. (b) Provide proper PPE kits to workers in general and first aid kits at workplaces. (c) Provide workers working at heights (at least two meters high) with safety harnesses. (d) Provide workers exposed to high noise levels with earplugs. (e) Provide workers in deep waters with other appropriate personal protective equipment including floating devices. (f) Conduct orientation for construction workers regarding health and safety measures, emergency response in case of accidents, fire, etc., and prevention of HIV/AIDS, COVID-19, and other related diseases. (g) Shall ensure code of conduct is made known to workers in native language and consent obtained (h) Shall ensure to take measures for prevention of GBV incidents and comply with LMP (i) Implement policies and programs relative to the following: (i) Prohibition of smoking at the workplace (ii) Workplace Policy and Program for a Drug-free Workplace (iii) Tuberculosis prevention and control in the workplace (iii) Workplace Policy and Education Program on HIV and AIDS (iv) Workplace Policy and Program on Hepatitis B (v) Medical assistance and other benefits for employees Worker’s Code of Conduct (a) Treat women, children (persons under the age of 18), and men with respect regardless of ethnicity, language, religion, political or other opinion, national, social origin, citizenship status, property, disability, birth or other status. (b) Do not use language or behavior towards women, children or men that is inappropriate, harassing, abusive, sexually provocative, demeaning or culturally inappropriate. (c) Do not participate in sexual activity with community members. (d) Do not engage in sexual favors or other forms of humiliating, degrading or exploitative behavior. (e) Do not engage in any activity that will constitute payment for sex with members of the communities surrounding the workplace. (f) Report through the Worker GM suspected or actual gender-based violence against a person of any gender by a fellow worker or any breaches of this Code of Conduct. (g) Use any computers, mobile phones, or video and digital cameras appropriately, and never to exploit or harass women, children or a vulnerable person through these mediums. (h) Comply with all relevant local legislation. (i) Engaging in any of the prohibited activities above can be cause for termination of employment, criminal liability, and/or other sanctions. 40 FOR DISCLOSURE - APPRAISAL Annex 4: ESIRT Form Part B: To be completed by Borrower within 24 hours B1: Incident Details Date of Incident: Time: Date Reported to PIU: Date Reported to WB: Reported to PIU by: Reported to WB by: Notification Type: Email/’phone call/media notice/other Full Name of Main Contractor: Full Name of Subcontractor: B2: Type of incident (please check all that apply)1 Fatality ☐ Lost Time Injury ☐ Displacement Without Due Process ☐ Child Labor ☐ Acts of Violence/Protest ☐ Disease Outbreaks ☐ Forced Labor ☐ Unexpected Impacts on heritage resources ☐ Unexpected impacts on biodiversity resources ☐ Environmental pollution incident ☐ Dam failure ☐ Other ☐ 1See Annex 1 for definitions B3: Description/Narrative of Incident Please replace text in italics with brief description, noting for example: I. What is the incident? II. What were the conditions or circumstances under which the incident occurred (if known)? III. Are the basic facts of the incident clear and uncontested, or are there conflicting versions? What are those versions? IV. Is the incident still ongoing or is it contained? V. Have any relevant authorities been informed? B4: Actions taken to contain the incident Short Description of Action Responsible Party Expected Date Status For incidents involving a contractor: Have the works been suspended (for example, under GCC8.9 of Works Contract)? Yes ☐; No ☐; Trading name of Contractor (if different from B1): Please attach a copy of the instruction suspending the works. B5: What support has been provided to affected people 41 FOR DISCLOSURE - APPRAISAL Incident Types The following are incident types to be reported using the environmental and social incident response process: Fatality: Death of a person(s) that occurs within one year of an accident/incident, including from occupational disease/illness (e.g., from exposure to chemicals/toxins). Lost Time Injury: Injury or occupational disease/illness (e.g., from exposure to chemicals/toxins) that results in a worker requiring 3 or more days off work, or an injury or release of substance (e.g., chemicals/toxins) that results in a member of the community needing medical treatment. Acts of Violence/Protest: Any intentional use of physical force, threatened or actual, against oneself, another person, or against a group or community, that either results in or has a high likelihood of resulting in injury, death, psychological harm, deprivation to workers or project beneficiaries, or negatively affects the safe operation of a project worksite. Disease Outbreaks: The occurrence of a disease in excess of normal expectancy of number of cases. Disease may be communicable or may be the result of unknown etiology. Displacement Without Due Process: The permanent or temporary displacement against the will of individuals, families, and/or communities from the homes and/or land which they occupy without the provision of, and access to, appropriate forms of legal and other protection and/or in a manner that does not comply with an approved resettlement action plan. Child Labor: An incident of child labor occurs: (i) when a child under the age of 14 (or a higher age for employment specified by national law) is employed or engaged in connection with a project, and/or (ii) when a child over the minimum age specified in (i) and under the age of 18 is employed or engaged in connection with a project in a manner that is likely to be hazardous or interfere with the child’s education or be harmful to the child’s health or physical, mental, spiritual, moral or social development. Forced Labor: An incident of forced labor occurs when any work or service not voluntarily performed is exacted from an individual under threat of force or penalty in connection with a project, including any kind of involuntary or compulsory labor, such as indentured labor, bonded labor, or similar labor-contracting arrangements. This also includes incidents when trafficked persons are employed in connection with a project. Unexpected Impacts on heritage resources: An impact that occurs to a legally protected and/or internationally recognized area of cultural heritage or archaeological value, including world heritage sites or nationally protected areas not foreseen or predicted as part of project design or the environmental or social assessment. Unexpected impacts on biodiversity resources: An impact that occurs to a legally protected and/or internationally recognized area of high biodiversity value, to a Critical Habitat, or to a Critically Endangered or Endangered species (as listed in IUCN Red List of threatened species or equivalent national approaches) that was not foreseen or predicted as part of the project design or the environmental and social assessment. This includes poaching or trafficking of Critically Endangered or Endangered species. Environmental pollution incident: Exceedances of emission standards to land, water, or air (e.g., from chemicals/toxins) that have persisted for more than 24 hrs or have resulted in harm to the environment. Dam failure: A sudden, rapid, and uncontrolled release of impounded water or material through overtopping or breakthrough of dam structures. Other: Any other incident or accident that may have a significant adverse effect on the environment, the affected communities, the public, or the workers, irrespective of whether harm had occurred on that occasion. Any repeated non-compliance or recurrent minor incidents which suggest systematic failures that the task team deems needing the attention of Bank management. 42 FOR DISCLOSURE - APPRAISAL Annex 5: ESIRT Form Part C: To be completed by Borrower (following investigation) C1: Investigation Findings Please replace text in italics with findings, noting for example: I. where and when the incident took place, II. who was involved, and how many people/households were affected, III. what happened and what conditions and actions influenced the incident, IV. what were the expected working procedures and were they followed, V. did the organization or arrangement of the work influence the incident, VI. were there adequate training/competent persons for the job, and was necessary and suitable equipment available, VII. what were the underlying causes; where there any absent risk control measures or any system failures, C2: Corrective Actions from the investigation to be implemented (To be fully described in Corrective Action Plan) Action Responsible Party Expected Date C3a: Fatality/Lost time Injury information Immediate cause of fatality/injury for worker or member of the public (please check all that apply) 2: 1. Caught in or between objects ☐ 2. Struck by falling objects ☐ 3. Stepping on, striking against, or struck by objects ☐ 4. Drowning ☐ 5. Chemical, biochemical, material exposure ☐ 6. Falls, trips, slips ☐ 7. Fire & explosion ☐ 8. Electrocution ☐ 9. Homicide ☐ 10. Medical Issue ☐ 11. Suicide ☐ 12. Others ☐ Vehicle Traffic: 13. Project Vehicle Work Travel ☐ 14. Non-project Vehicle Work Travel ☐ 15. Project Vehicle Commuting ☐ 16. Non-project Vehicle Commuting ☐ 17.Vehicle Traffic Accident (Members of Public Only) ☐ Date of Cause of Worker (Employer)/Public Name Age/DOB Gender Nationality Death/Injury Fatality/Injury 2See Annex 2 for definitions C3b: Financial Support/Compensation Types (To be fully described in Corrective Action Plan template) 43 FOR DISCLOSURE - APPRAISAL 1. Contractor Direct ☐ 2. Contractor Insurance ☐ 3. Workman’s Compensation/National Insurance ☐ 4. Court Determined Judicial Process ☐ 5. Other ☐ 6. No Compensation Required ☐ Name Compensation Type Amount (US$) Responsible Party C4: Supplementary Narrative 44 FOR DISCLOSURE - APPRAISAL Definition of fatality/injury immediate causes 1. Caught in or between objects: caught in an object; caught between a stationary object and moving object; caught between moving objects (except flying or falling objects). 2. Struck by falling objects: slides and cave-ins (earth, rocks, stones, snow, etc.); collapse (buildings, walls, scaffolds, ladders, etc.); struck by falling objects during handling; struck by falling objects. 3. Stepping on, striking against, or struck by objects: stepping on objects; striking against stationary objects (except impacts due to a previous fall); Striking against moving objects; Struck by moving objects (including flying fragments and particles) excluding falling objects. 4. Drowning: respiratory impartment from submersion/emersion in liquid. 5. Chemical, biochemical, material exposure: exposure to or contact with harmful substances or radiations. 6. Falls, trips, slips: falls of persons from heights (e.g., trees, buildings, scaffolds, ladders, etc.) and into depths (e.g., wells, ditches, excavations, holes, etc.) or falls of persons on the same level. 7. Fire & explosion: exposure to or contact with fires or explosions. 8. Electrocution: exposure to or contact with electric current. 9. Homicide: a killing of one human being by another. 10. Medical Issue: a bodily disorder or chronic disease. 11. Suicide: the act or an instance of taking, or attempting to take, one’s own life voluntarily and intentionally. 12. Others: any other cause that resulted in a fatality or injury to workers or members of the public. Vehicle Traffic 13. Project Vehicle Work Travel: traffic accidents in which project workers, using project vehicles, are involved during working hours and which occur in the course of paid work. 14. Non-project Vehicle Work Travel: traffic accidents in which project workers, using non-project vehicles, are involved during working hours and which occur in the course of paid work. 15. Project Vehicle Commuting: traffic accidents in which project workers, using project vehicles, are involved while travelling to (i) the worker's principal or secondary residence; (ii) the place where the worker usually takes his or her meals; or (iii) the place where he or she usually receives his or her remuneration. 16. Non-project Vehicle Commuting: traffic accidents in which project workers, using non-project vehicles, are involved while travelling to (i) the worker's principal or secondary residence; (ii) the place where the worker usually takes his or her meals; or (iii) the place where he or she usually receives his or her remuneration. 17. Vehicle Traffic Accident (Members of Public Only): traffic accidents in which non-project workers/members of the public are involved in an accident while travelling for any purpose. 45