Republic of the Philippines ‘DEPARTMENT OF LABOR AND EMPLOYMENT Regional Office No. VIL NEGROS ORIENTAL FIELD OFFICE IN THE MATTER OF ROUTINE CASE NO. INSPECTION CONDUCTED AT: RMC-RO7-NORFO-2023-04_)-OSHS sn REF, NO. paee. RO7-2023-03-NORFO-RI-0062 #3SAN JOSEST,, Poblacion No. 1 Dumaguete City, Negros Oriental —x APPLICATION FOR SUSPENSION OF THE RULES. (under the Occupational Safety and Health Standards Rules) hereinafter for brevity, unto uus xwstorable Office most respectfully submits this Application for the Suspension of the Rules, and states that: PREFATORY STATEMENTS 1. Last March 31, 2023, the DOLE Regional Office No. 7 conducted a routine inspection at Ss During said inspection, the labor inspector noted that the establishment was compliant with the General Labor Standards, however, £ nave was advised to comply with the fire safety inspection certificate to be issued by the Bureau of Fire Protection; 2 hen received a Notice of Conference dated April 11, 2023 from this Honorable Office whereiz _1 was notified to appear before the hearing officer Nole Ramones Torres on April 20 & 27, 2023 for mandatory conference; 3. During said conference last April 20, 2023, ("1 111. was given the advice to file and submit an Application for the Suspension of the Rules under the Occupational Safety and Health Standards Rules (OSHS), pending the processing of its fire safety inspection certificate: 4, Thus, 010 Ui hereby files this application before this Honorable Office; LEGAL BASIS 5. Section 1012.3 of the OSHS provides that: 1012.03: Suspension of Rules (1) The Secretary may issue to an employer-applicant a temporary order suspending the effectivity date of a Rule or any part of this Standards for the following reasons: a. the unavailability of professional or technical personnel or of materials and equipment needed to comply with the rule; b. necessary construction or alteration of the prescribed facilities cannot be completed on the effectivity date of the rule;10. n. 12. 13. . the employer is participating in experiments or studies approved or conducted by the Bureau designed to demonstrate new techniques to safeguard the safety and health of workers. 2) Imsuch a case, the employer-applicant shall establish: a, the reason why he is applying for a suspension order, specifying the rule or portion he seeks suspension of; b. that he is taking all available and necessary steps to safeguard his workers against the hazards covered by the rule, and that he is prescribing necessary measures, methods, operations and practices which he must adopt and use while the suspension is in effect; c. that he has an effective program for coming into compliance with the rule as quickly as possible, specifying a given date for compliance; . that he has informed his workers of the application and a copy of the application and reasons thereof have been given to the workers or their duly authorized representative. DISCUSSION Section 20 of the Implementing Rules and Regulations of the OSHS states that: “Section 20. All Other Occupational Safety and Health Standards, ~ All employers, contractors or subcontractors, if any, shall comply with other occupational safety and health standards as provided for in the 1978 DOLE Occupational Safety and Health ‘Standards, as amended.” The above-cited provision covers the obligation of employers to assure the safety of its employees against fire hazards as part of the occupational safety and health standards; fully understands the importance of complying with the Fire Safety Inspection Certificate requirement and want to assure to this Honorable Office that it has been making strong efforts to obtain it; Unfortunately, 1 has encountered an obstacle in obtaining the aforesaid certificate as it has not been able to obtain the necessary renovation plans and documents from its contractor which is in tum is required to obtain the certificate, pursuant to the rules and regulations of the Dumaguete City Government and Bureau of Fire Protection; Despite repeated attempts to contact the contractor and obtain the plans, it has not been able to receive them. However, -.. «I has communicated with the contractor legally, through its lawyer, and have made it clear that he is obliged to provide £ with the documents: ‘Lis aware that without the renovation plans from the contractor, it cannot procure the Fire Safety Inspection Certificate; Thus’ files this Application for the Suspension of the rule on obtaining a Fire Safety Inspection Certificate from the Bureau of Fire Protection; Notwithstanding, ))t has taken all available and necessary steps to safeguard its workers against fire hazards; One/U1G ss Phas made available a total of seven (7) extinguishers - three (3) of which are placed in different areas inside the store and the remaining four (4) in the different areas in the back kitchen ed14, 15. 16. 17 18, 19, 20. Second, +has also installed a total of ten (10) emergency lights ~ three (3) of which are placed in different areas inside the store and the remaining seven (7) in the different areas in the back kitchen; Third, La has two (2) fire alarms - one (1) which is installed inside the store, and the other at the back kitchen - both of which are fully functional and adequate to warn the customers and staff in case of a fire hazard; Lastly has fire exits available - two (2) doors inside the store and another at the back kitchen with a clearly visible “EXIT” sign; Lacknowledges the urgency and importance of obtaining and will continue to follow up with the contractor until it obtains the necessary documents; Thus, ) through its Managing Director executed an affidavit of undertaking voluntarily undertaking to secure said certification within a period of six (6) months from date of execution; In addition J continues to exert more effort in legally compelling its contractor until the necessary renovation plans and documents are obtained and submitted to the concemed government offices and agencies; Furthermore, as part of the requirements in applying for suspension of the rules/{llIID informs its employees with regard to this Application by posting a copy of the same in its bulletin board within the premises and immediately visible to the employees; PRAYER WHEREFORE, it is most respectfully prayed of this Honorable Office that an order be issued approving this Application for the Suspension of the Rules pursuant to the Occupational Safety and Health Standards Rules in relation to the Fire Safety Inspection Certificate, prays for such other just and equitable reliefs under the premises. MOST RESPECTFULLY SUBMITTED. April 26, 2023, Dumaguete City, Negros Oriental. ‘dor