Traffic Enforcers and Aides, Street Sweepers, and Garbage Collectors Hazard Pay Act

Senate Office of the Secretary TWENTIETH CONGRESS OF THE NOV 11 P3:50 REPUBLIC OF THE PHILIPPINES First Regular Session ) RECEIVED BY: SENATE S.B. No. 1503 Introduced by Senator Raffy T. Tulfo AN ACT MANDATING HAZARD PAY FOR TRAFFIC ENFORCERS AND AIDES, STREET SWEEPERS, AND GARBAGE COLLECTORS, PROVIDING IMPLEMENTATION AND FUNDING MECHANISMS, AND FOR OTHER PURPOSES EXPLANATORY NOTE Street sweepers, traffic enforcers and aides, and garbage collectors form the backbone of urban sanitation and mobility systems, ensuring livable cities despite the constant risks they face from pollution exposure, road accidents, and disease. Despite their indispensable contribution, these workers remain among the lowest-paid and most undervalued public servants in the Philippines. The International Labour Organization (ILO, 2022) reports that waste collectors and street cleaners belong to the world's most hazardous occupations due to constant exposure to pathogens, heavy traffic, and chemical contaminants. In Metro Manila alone, the average street sweeper earns between P10,000 to P13,000 monthly, barely above the regional minimum wage (DOLE-NCR, 2024). Many are contractual or hired through service contracts without standard benefits or hazard pay. A 2023 Department of Environment and Natural Resources (DENR) and World Bank study found that waste sector workers face significantly higher risks of respiratory illnesses and occupational injuries compared to other public service groups (World Bank, 2023). Similarly, the World Health Organization (WHO, 2022) identifies solid waste workers as

frontline environmental health protectors who often lack adequate protective equipment or medical insurance. The Philippine Statistics Authority (PSA, 2023) estimates that the country generates around 61,000 tons of solid waste daily, with Metro Manila alone producing nearly 12,000 tons. Without the continued service of garbage collectors and street sweepers, the capital would face severe public health and sanitation crises. Traffic enforcers likewise endure prolonged sun exposure, inhalation of vehicular emissions, and constant accident risks while managing the 3.2 million registered vehicles in the National Capital Region (PSA, 2023). This bill seeks to institutionalize mandatory hazard pay for street sweepers, garbage collectors, and traffic enforcers and aides employed by local government units and service providers under public contracts. The proposed measure recognizes that their occupational hazards are comparable to those in the police, fire, and health sectors, who already receive hazard allowances under existing laws. Providing such compensation not only fulfills the constitutional guarantee of social justice and protection for labor (Art. XIII, Sec. 3, 1987 Constitution) but also upholds the State's duty to ensure safe and dignified working conditions for all public servants. In view of the foregoing, the immediate passage of this measure is earnestly sought. RAFFY T. TULFO Senator

Senate Office of the Secretarp TWENTIETH CONGRESS OF THE NOV 11 P3:50 REPUBLIC OF THE PHILIPPINES First Regular Session RECEIVED BY: SENATI 5.в. No. 1503 Introduced by Senator Raffy T. Tulfo AN ACT MANDATING HAZARD PAY FOR TRAFFIC ENFORCERS AND AIDES, STREET SWEEPERS, AND GARBAGE COLLECTORS, PROVIDING IMPLEMENTATION AND FUNDING MECHANISMS, AND FOR OTHER PURPOSES Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

SECTION 1. Short Title. — This Act shall be known as the "Traffic Enforcers and

2 Aides, Street Sweepers, and Garbage Collectors Hazard Pay Act."

SEC. 2. Declaration of Policy and Rationale. - It is the policy of the state to afford

full protection to labor and guarantee humane conditions of work and a living wage; to affirm labor as a primary socioeconomic force and promote workers' welfare; and to advance social justice, human dignity, and the general welfare, it is the policy of the State 7 to protect labor, promote safe and healthy working conditions, and ensure just 8 compensation for work that entails exposure to hazards, pursuant to Article XIII, Section 9 3; Article II, Section 18; and supporting policies in Article II, Sections 9-11 of the 1987 Constitution.

SEC. 3. Definition of Terms. -

(a) Traffic aide refers to a person employed or engaged by a national government agency (NGA), local government unit (LGU), government-owned or -controlled corporation (GOCC), or government financial institution (GFI) whose primary duty

is on-street traffic direction, management, enforcement assistance, or incident response on public roads. (b) Traffic enforcer refers to a person employed or engaged by a national government agency (NGA), local government unit (LGU), government-owned or -controlled corporation (GOCC), or government financial institution (GFI) whose primary duty is on-street traffic law enforcement, direction, incident response, or management on public roads (c) Street sweeper refers to any person engaged by a national government agency (NGA), local government unit (LGU), government-owned or -controlled corporation (GOCC), or government financial institution (GFI), whether as a permanent, temporary, casual, contractual, or job order worker, whose primary duty is the manual or mechanical cleaning, sweeping, collection, or removal of litter, debris, or waste along public roads, sidewalks, esteros, waterways, or public open spaces. (d) Garbage collector refers to a person employed or engaged by an NGA, LGU, GOCC, or GFI whose primary duty is the curbside collection, handling, loading, transport, or transfer of municipal solid waste, including collection vehicle crew. (e) Government contractor personnel refers to personnel of a private contractor performing any of the services described in (a) to (d) under a government procurement contract.

SEC. 4. Coverage. - This Act shall apply to:

(a) All traffic enforcers and aides, street sweepers, and garbage collectors employed or engaged by NGAs, LGUs, GOCCS, and GFIs, regardless of employment status (regular, casual, contractual, temporary, job order); and (b) Government contractor personnel while rendering any of the services described in

Section 3 under a government contract.

SEC. 5. Nature and Grant of Hazard Pay. -

(a) Inherently hazardous assignments. - The occupations of traffic enforcer and aide, street sweeper, and garbage collector are hereby declared inherently hazardous for purposes of hazard pay entitlement under this Act. (b) Automatic entitlement. - Covered workers shall be automatically entitled to hazard pay for all days actually worked performing their covered duties, without need of case-by-case area certifications or discretionary approvals. (c) Contractor personnel. - Procuring entities shall ensure, through mandatory contract stipulations, that government contractor personnel receive not less than the hazard pay rates prescribed in Section 6 for all days actually worked performing covered duties. Such payments shall be a cost component of the contract price.

SEC. 6. Rates and Computation. —

(a) Daily rate. — Hazard pay shall be equivalent to not less than twenty percent (20%) of the basic daily wage/salary for each day actually worked performing covered duties. (b) Monthly minimum. — For full-time covered workers, monthly hazard pay shall not be less than Two Thousand Pesos (P2,000.00), prorated for less than full-time service. (c) More favorable terms. — LGUs and agencies may grant higher rates subject to budgeting laws and regulations. (d) Indexation. - Beginning the second fiscal year from effectivity, the Department of Budget and Management (DBM) shall review and may adjust the monthly minimum in subsection (b) to account for inflation and risk factors, subject to applicable budget laws.

SEC. 7 Work-Related Accident Insurance. - NGAs, LGUs, GOCCS, and GFIs shall

procure and maintain, at their expense, a group accident insurance policy covering all

covered workers for accidents arising out of and in the course of performing covered 2 duties under this Act, including while on authorized duty travel and official training directly related to such duties. For services rendered through government procurement, procuring entities shall require contractors to provide equivalent coverage to their personnel. Claims shall be processed in accordance with the policy upon proof of a covered accident, regardless of employer fault, without prejudice to remedies against negligent third parties. Payment shall be made directly to the worker or beneficiaries, or directly to medical providers when covered.

SEC. 8. Non-Diminution and Relationship to Other Benefits. - Hazard pay under

this Act shall be in addition to, and shall not diminish or replace, any existing compensation, allowances, or benefits. Where other laws, ordinances, contracts, or collective bargaining agreements provide more favorable hazard pay or risk allowances, the more favorable benefit shall apply.

SEC. 9. Funding and Appropriations. —

(a) NGAs, GOCCs, and GFIs shall charge hazard pay to their Personnel Services (PS) appropriations; savings may be realigned consistent with budget law. (b) LGUs shall charge hazard pay to the PS component of their annual budgets, subject to the Local Government Code personnel services limitations; provided, that there is hereby created a Hazard Pay Support Fund to be included in the General Appropriations Act (GAA) for the first three (3) fiscal years from effectivity to provide matching grants to fiscally constrained LGUs, as determined by DBM in consultation with the Department of the Interior and Local Government (DILG). (c) For contracts covering services under Section 3, procuring entities shall ensure that the Approved Budget for the Contract (ABC) and the contract price include the cost of hazard pay, and that such cost is remitted by contractors to their personnel.

SEC. 10. Implementation, Documentation, and Audit. —

(a) The DBM, in coordination with the DILG and the Department of Labor and Employment (DOLE), shall promulgate the implementing rules and regulations (IRR) within sixty (60) days from effectivity, including standard payroll documentation, timesheets, and compliance templates. (b) Procuring entities shall insert hazard pay compliance clauses in all bidding 7 documents and contracts for covered services, require submission with each progress 8 billing of payrolls, payslips, government contribution remittance proofs, and worker 9 acknowledgments, and impose withholding or liquidated damages for non-compliance. (c) The Commission on Audit (COA) may issue audit guidelines consistent with this 11 Act and its IRR, and shall audit compliance by covered entities and contractors.

SEC. 11. Protection Against Retaliation. - No covered worker shall be dismissed,

13 disciplined, or otherwise discriminated against for asserting rights under this Act or 14 assisting in its enforcement. Violations shall be administrative offenses for public officials 15 and grounds for contract sanctions for contractors, without prejudice to civil and criminal liabilities under other laws.

SEC. 12. Supersession Clause. - Notwithstanding Section 68 of the Administrative

18 Code of 1987 and any provision of the General Appropriations Acts, rules, or issuances that condition the grant of hazard pay on area certifications, discretionary approvals, or agency-prescribed rates, the entitlement, rates, and conditions under this Act shall exclusively govern hazard pay for traffic enforcers and aides, street sweepers, and 22 garbage collectors. All inconsistent laws, rules, and issuances are hereby repealed or modified insofar as they apply to the occupations covered by this Act.

SEC. 13. Transitory Provision. - Within ninety (90) days from effectivity, covered

25 employers shall adjust payroll systems and, for contractor arrangements, amend existing contracts to incorporate hazard pay consistent with this Act.

SEC. 14. Separability Clause. - Should any provision of this Act be found

unconstitutional by a court of law, such provision shall be severed from the remainder of this Act, and such action shall not affect the enforceability of the remaining provisions of 4 this Act.

Sec. 15. Repealing Clause. - All laws, decrees, executive orders, rules and

regulations or parts thereof inconsistent with the provisions of this Act are hereby repealed or modified accordingly.

SEC. 16. Effectivity. - This Act shall take effect fifteen (15) days following its

publication in the Official Gazette or in two (2) newspapers of general circulation in the Philippines. Approved,