The State affirms labor as a primary social and economic force, and that a safe and healthy workforce is an integral aspect of nation building.

The State shall ensure a safe and healthful workplace for all working people by affording them full protection against all hazards in their work environment. It shall ensure that the provisions of the Labor Code of the Philippines, all domestic laws, and internationally-recognized standards on occupational safety and health are being fully enforced and complied with by the employers, and it shall provide penalties for any violation thereof.

The State shall protect every worker against injury, sickness or death through safe and healthful working conditions thereby assuring the conservation of valuable manpower resources and the prevention of loss or damage to lives and properties consistent with the national development goals, and with the State’s commitment to the total development of every worker as a complete human being.

The State, in protecting the safety and health of the workers, shall promote strict but dynamic, inclusive, and gender-sensitive measures in the formulation and implementation of policies and programs related to occupational safety and health.

To prevent the spread of Hepatitis B virus (HBV) in the workplace without discriminating against infected workers, the Department of Labor and Employment (DOLE) has issued a seven-point guideline

on dealing with the situation.

The DOLE claims that it was part of its efforts to ensure decent work. Workers should not only be provided just wages and benefits. They should also be protected from illnesses like Hepatitis B which may hinder their productivity and competitiveness.

Under the advisory, all private workplaces will implement a rights-based policy and a program on Hepatitis B that incorporates human rights standards and principles.

The guidelines also cover all workers regardless of their employment status.

According to the World Health Organization (WHO) website, Hepatitis B is a viral infection that attacks the liver.

The virus is transmitted through contact with the blood or other body fluids of an infected person but not through casual contact, WHO said.

About 2 billion people worldwide have been infected with the virus and about 350 million live with chronic infection.

An estimated 600 000 persons die each year due to the acute or chronic consequences of hepatitis B.

The HBV is 50 to 100 times more infectious than Human immunodeficiency virus (HIV) but it is preventable with a safe and effective vaccine, WHO said.

When infected, people can take several months to a year to recover from the symptoms, WHO said.

The disease can also cause a chronic liver infection that can later develop into cirrhosis of the liver or liver cancer.

The DOLE advisory requires vaccination in all occupations with a conceivable risk of Hepatitis B transmission in the workplace such as health care workers and other workers whose occupation involves the potential exchange of bodily fluids.

DOLE encourages all establishments to provide Hepatitis B immunization for all its workers.

The advisory also requires firms to include a policy on non-discriminatory, confidentiality, work accommodation, and arrangements for workers with Hepatitis B status.

It specifically states the following:

1. There shall be no discrimination of any form against workers on the basis of their Hepatitis B status consistent with international agreements on non-discrimination ratified by the Philippines (ILO C111). They shall not be discriminated against, from pre- to post-employment, including hiring, promotion, or assignment;
2. They shall not be declared unfit to work without appropriate medical evaluation and counseling;
3. Workers shall not be terminated on the basis of the actual, perceived, or suspected Hepatitis B status;
4. Workplace management of sick employees shall not differ from that of any other illness. Persons with Hepatitis-B related illness should be able to work for as long as they are medically fit;
5. Job applicants and workers shall not be compelled to disclose their Hepatitis B status and other related medical information. Co-workers shall not be obliged to reveal and personal information about fellow workers. Access to personal data relating to a worker’s Hepatitis B status shall be bound by the rules of confidentiality and shall be strictly limited to medical personnel or if legally required;
6. Employers shall take measures to reasonably accommodate workers who are Hepatitis B positive or with Hepatitis B-related illnesses;
7. Through agreements made between management and workers’ representatives, measures to support workers with Hepatitis B are encouraged through flexible leave arrangements, rescheduling of working time, and arrangement for return to work.

To assist employers and workers, the DOLE requires employers to formulate and adopt Hepatitis B Workplace Policy and Program. The DOLE will also develop a basic information package to educate workers and employees on Hepatitis B prevention and management.

LVS has a ready template providing for sample policy on this matter.

Please check the link for the sample DOLE Hepatitis B Prevention and Control Policy template to make it easier for companies to formulate and comply with the DOLE requirements.

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