Comprehensive Anti-bullying in the Workplace Act for Healthcare Institutions

Senate Offer of the Sriretary TWENTIETH CONGRESS OF THE 25 NOV 17 P2:42 REPUBLIC OF THE PHILIPPINES First Regular Session RECEIVED BY: SENAT . No. 152' Introduced by Senator Raffy T. Tulfo AN ACT ESTABLISHING COMPREHENSIVE POLICIES FOR THE PREVENTION, INVESTIGATION, AND REDRESS OF BULLYING, HARASSMENT, AND OTHER FORMS OF WORKPLACE HARASSMENT, AND OTHER FORMS OF WORKPLACE VIOLENCE IN HEALTHCARE INSTITUTIONS, AND PROVIDING CORRESPONDING SANCTIONS THEREFOR EXPLANATORY NOTE Healthcare institutions are critical workplaces where health workers are expected to perform effectively despite high-pressure circumstances, all while prioritizing patient well-being and providing high-quality care. However, incidents of workplace violence, including bullying and harassment, are still common in many healthcare facilities. These cases undermine collaborative efforts and jeopardize the provision of essential healthcare services. Because of the growing incidents of bullying in healthcare institutions, where a DOH survey confirmed four (4) actual cases out of 26 reports, the Department of Health has set up a bullying crisis hotline and started putting up posters in hospitals to inform health workers and patients about their rights, as part of its campaign against bullying. 1 Moreover, existing laws do not provide a comprehensive framework specifically tailored to address workplace bullying and harassment within healthcare institutions. As a result, many health workers, particularly nurses, trainees, and support personnel, are without accessible and clearly defined procedures for protection, reporting incidents, ' https://www.pna.gov.ph/articles/1221864

conducting investigations, and seeking redress, this is often compounded by their fear of retaliation when they try to speak out. Establishing clear reporting procedures, institutional accountability, complaint protection, and the imposition of appropriate sanctions are the goals of this proposed measure. This Act aims to give all healthcare workers meaningful protection by strengthening safeguards and ensuring a safe, respectful, and professional working environment. In view of the foregoing, immediate approval of this measure is earnestly sought. RAFFY T. TULF bay

Senate Offier of the Secretary TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES 25 NOV 17 P2:42 First Regular Session ) RECEIVED BY: SENATE S. No. 152'7 Introduced by Senator Raffy T. Tulfo AN ACT ESTABLISHING COMPREHENSIVE POLICIES FOR THE PREVENTION, INVESTIGATION, AND REDRESS OF BULLYING, HARASSMENT, AND OTHER FORMS OF WORKPLACE HARASSMENT, AND OTHER FORMS OF WORKPLACE VIOLENCE IN HEALTHCARE INSTITUTIONS, AND PROVIDING CORRESPONDING SANCTIONS THEREFOR 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 "Comprehensive Anti-

2 Bullying in the Workplace Act for Healthcare Institutions".

Sec. 2. Declaration of Policy. - It is the policy of the State to uphold the dignity of

labor, promote the welfare of the workforce, and ensure a just humane, and safe working environment for all. The State shall afford full protection to labor, local and overseas, 6 whether organized or unorganized, against any form of abuse, harassment, violence, or 7 exploitation. Towards this end, the State shall institute measures to protect physical, mental, and emotional well-being of healthcare workers from all forms of bullying and related misconduct in the workplace.

Sec. 3. Scope and Applicability. - This Act applies to all healthcare institutions,

including but not limited to: (a) Hospitals (b) Clinics and outpatient centers (c) Long-term care facilities (d) Behavioral health facilities

(e) Home healthcare agencies (f) Academic medical centers It applies to all individuals operating within these settings, regardless of employment status, including but not limited to physicians, nurses, allied health professionals; administrative, custodial, and support staff; students, residents, fellows, and trainees; and volunteers, contractors, and vendors.

Sec. 4. Definition of Terms. - For the purpose of this Act, the following terms shall

8 be defined as follows: (a) Health Workers shall mean all persons who are engaged in health and health- related work, and all persons employed in health care institutions such as hospitals, health infirmaries, heaths centers, clinics and other health-related facilities, regardless of their employment status. (b) Workplace Bullying refers to any severe or repeated use by one or more employees of a written, verbal, or electronic expression or a physical act or gesture, or any combination thereof, directed at an employer, co-employee, or any person with whom he/she has professional relations of dealings which infringes on the rights of another at work premises; or has the effect of actually causing or placing the latter in reasonable fear of physical or emotional harm or damage to this property, creating a hostile environment for the employee; or materially and substantially disrupting the work process or the orderly operation of an institution or business. (c) Workplace refers to any physical office, premises, or any location where health workers perform their duties or engage in work-related activities within the healthcare institutions covered under this Act. This includes, but is not limited to, hospitals, clinics, outpatient centers, long-term care facilities, behavioral health facilities, home healthcare settings, and academic medical centers. It likewise includes adjunct areas such as administrative offices, training and teaching spaces, laboratories, ambulatory service areas, and any location where healthcare services are rendered.

The term further includes company-sponsored events, institution-mandated activities, and work-related social functions, conducted outside the primary healthcare premises. For online or remote work, workplace also includes the online platforms and communication channels used for work purposes. (d) Prohibited Acts include, but are not limited to, the following: (1) Physical Bullying: Any unwanted physical contact, act, or gesture between a person and an employer or co-employee causing physical or bodily harm, notwithstanding any action that may be taken by the victim under the Revised Penal Code or the Civil Code of the Philippines. (2) Verbal and Psychological Bullying: Any act that causes harm to a victim's psyche, emotional, and/or moral well-being. This includes slanderous statements, accusations, name-calling, tormenting, making negative comments on a person's appearance, and other forms of verbal abuse. (3) Social and Relational Bullying: Acts that undermine a person's reputation, professional status, or social standing. This includes spreading rumors, malicious gossip, false information, and social exclusion. (4) Cyberbullying: Any form of bullying done through the use of technology or any electronic means, such as social media, email, or messaging applications, which causes distress to the victim. (5) Gender-Based Bullying: Any act that humiliates or excludes a person on the basis of perceived or actual sexual orientation, gender identity, or expression. (6) Management by Threats and Intimidation: The use of power or authority to threaten, intimidate, or coerce a subordinate or co-employee. (7) Abuse of Authority: Unfairly and maliciously stealing credit, taking advantage of a subordinate or co-employee's work, or preventing access to career and office opportunities without just cause.

Sec. 5. Adoption of Anti-Bullying Policies. - all public and private health-related

2 establishments are hereby directed to adopt, implement, and regularly update comprehensive anti-bullying policies. Such policies shall include provisions that: (a) Clearly define and prohibit the acts enumerated in Section 4; (b) Establish clear, confidential, and accessible procedures for reporting prohibited acts; (c) Mandate a prompt, fair, and impartial investigation of all reports; (d) Ensure the protection of the person who reports a prohibited act, provides information, or is a witness, from any form of retaliation or reprisal; (e) Enable employees to anonymously report prohibited acts, provided that no disciplinary action shall be based solely on an anonymous report; (f) Prescribe appropriate disciplinary administrative action against perpetrators, including those who knowingly make false accusations; and (g) Outline mechanisms for providing support, counseling, and assistance to victims of bullying.

Sec. 6. Mechanisms to Address Workplace Bullying in Health-Related

Establishments. (a) The Anti-Bullying Oversight Committee designated in each healthcare institutions shall be responsible for the implementation and oversight of the anti-bullying policies. (b) All Health-Related Establishments shall provide their employees with a copy of the anti-bullying policies and include them in the employee handbook. The policies shall also be conspicuously posted on office walls, bulletin boards, and the official website, if any. (c) Any employee who witnesses, or becomes aware of, any instance of workplace bullying shall immediately report it to the designated office. (d) Upon receipt of a report, the designated office shall promptly initiate a thorough investigation.

(e) If it is determined that bullying has occurred, the designated office shall notify the appropriate law enforcement agency if criminal charges may be pursued and shall take appropriate disciplinary administrative action.

Sec. 7. Reportorial Requirements and Capacity Building.

(a) Private Health-Related Establishments: Within six (6) months from the effectivity of this Act, all private health-related establishments shall furnish the Department of Health and the Department of Labor and Employment and with a copy of their anti-bullying policies. This shall be a prerequisite for obtaining or renewing business permits. (b) Public Health-Related Establishments: Within six (6) months from the effectivity of this Act, all public health-related establishments shall furnish the Department of Health and the Civil Service Commission with a copy of their anti-bullying policies. (c) Capacity Building: All health-related establishments shall conduct mandatory trainings and seminars to disseminate anti-bullying policies and to educate employees and management on creating a respectful and safe work environment.

Sec. 8. Creation of the Anti-Bullying Oversight Committee for Healthcare

Institutions. (a) Establishment of the Committee Each healthcare institution shall create an Anti-Bullying Oversight Committee which shall serve as the primary body responsible for monitoring, reviewing, and ensuring compliance with this Act within all healthcare establishments. (b) Composition. The Committee shall be composed of the following members: (1) One (1) representative from the healthcare institution, designated by the hospital or health facility administration;

(2) One (1) representative from the Human Resources (HR) department, or a designated Human Relations Officer or a comparable body; (3) Three (3) representatives from the recognized health workers' union, employee organization, or group of employees within the institution, which may be composed of the following: (1) One (1) representative from the group of physicians within the institution; (2) One (1) representative from the nursing staff; and (3) One (1) representative from other health workers; (4) One (1) representative from the Department of Health; and (5) One (1) representative from the Department of Labor and Employment for private health-related establishments. (c) Functions. The committee shall have the following duties responsibilities: (1) Oversee the implementation of the Comprehensive Anti- bullying in the Workplace Act within Healthcare Institutions; (2) Develop, review, and recommend policies and procedures for preventing and addressing workplace bullying; (3) Monitor institutional compliance and ensure the availability of safe, accessible, and confidential reporting mechanisms; (4) Review reports, trends, and risk factors related to bullying within the institution; (5) Facilitate coordination between the healthcare institution, labor and professional groups, and government agencies; (6) Recommend corrective or preventive measures to the institution's leadership and relevant government bodies; (7) Determine and recommend the appropriate disciplinary action for confirmed acts of workplace bullying, consistent with the institution's existing policies and applicable laws; and

(8) Prepare report summarizing findings, recommendations, and compliance status of cases of workplace bullying.

Sec. 9. Sanctions for Non-Compliance. - In the rules and regulations to be

implemented pursuant to this Act, the Department of Health, Department of Labor and 5 Employment, Professional Regulation Commission, and Civil Service Commission shall prescribe appropriate administrative sanctions for any administrative office or officer, or any person or office holding a comparable role, who shall fail to comply with the requirements of this Act. In addition, erring non-government offices and business 9 establishments shall suffer the penalty of suspension or revocation of their permits to operate.

Sec. 10. Penalties.

(a) Any person who commits an act of bullying as defined in this Act shall be subject to appropriate administrative disciplinary action as determined by the Anti-Bullying Oversight Committee and the institution's existing policies, without prejudice to the filing of criminal or civil charges under applicable laws. (b) Any administrative officer, supervisor, manager, or committee member who knowingly, maliciously, or negligently fails to receive, investigate, or act upon a report of workplace bullying shall be held administratively liable. (c) The penalties shall be specified in the Implementing Rules and Regulations (IRR) of this Act.

Sec. 11. Implementing Rules and Regulations. - Within ninety (90) days from the

effectivity of this Act, the DOH, the DOLE, the PRC, and the CSC shall jointly promulgate the necessary rules and regulations to implement the provisions of this Act.

Sec. 12. Budgetary Estimates. - The DOH in coordination with the DOLE shall

submit annually the necessary budgetary estimates to implement the provisions of this Act.

Sec. 13. Separability Clause. - If any provision of part hereof is held invalid or

unconstitutional, the remaining provisions not affected thereby shall continue to be in full force and effect.

Sec. 14. Repealing Clause. - Any law, presidential decree or issuance, executive

order, letter of instruction, administrative order, rule or regulation contrary to or inconsistent with the provisions of this Act is hereby repealed, modified, or amended accordingly.

Sec. 15. Effectivity. - This Act shall take effect fifteen (15) days after its publication

in the Official Gazette or in a newspaper of general circulation. Approved,