Heat Protection Act

Senate Offire of the Secretary TWENTIETH CONGRESS OF THE ) REPUBLIC OF THE PHILIPPINES ) First Regular Session APR 22 P2:33 SENATE S.B. No. 2065 RECEIVED BY: Introduced by SENATOR IMEE R. MARCOS AN ACT MANDATING PROTECTIVE MEASURES FOR THE PREVENTION AND MITIGATION OF HEAT-RELATED RISKS FOR WORKERS, APPROPRIATING FUNDS THEREFOR, AND FOR OTHER PURPOSES EXPLANATORY NOTE

Section 15, Article II of the 1987 Constitution provides that, "The State shall

protect and promote the right to health of the people and instill health consciousness among them." Complementing this is the State's obligation under Section 3, Article XIII to afford full protection to labor and guarantee the rights of all workers to just and humane conditions of work. The Philippines, as a tropical archipelago, is vulnerable to the escalating impacts of extreme heat, a phenomenon exacerbated by global climate change. Data from the Philippine Atmospheric, Geophysical and Astronomical Services Administration (PAGASA) indicates a consistent upward trend in both average temperatures and the frequency of "Danger" heat index levels (exceeding 42°C) across the nation. This poses a severe, yet often overlooked, public health crisis, economic burden, and social equity challenge. Heat is an important environmental and occupational health hazard. Heat stress is the leading cause of weather-related deaths and can exacerbate underlying illnesses including cardiovascular disease, diabetes, mental health, asthma, and can increase the risk of accidents and transmission of some infectious diseases. Further, extreme heat is not merely a discomfort but a direct cause of morbidity and mortality. Heat- related illnesses, including heat exhaustion and heat stroke, also place immense strain on our healthcare system. The economic costs are profound, manifesting as reduced labor productivity, increased absenteeism. The number of people exposed to extreme heat is growing exponentially due to climate change in all world regions. According to the World Health Organization (WHO), heat-related mortality for people over 65 years of age increased by approximately 85%

between 2000-2004 and 2017-2021. In addition, WHO 2000-2019 studies show approximately 489 000 heat-related deaths occur each year, with 45% of these in Asia and 36% in Europe. The International Labour Organization (ILO) estimates that heat stress could lead to productivity losses of 3.7% of total working hours in the Southeast Asia by 2030—equivalent to about 13 million full-time jobs, with outdoor sectors like agriculture, fisheries, manufacturing and construction being hardest hit. Existing legal frameworks, such as the Labor Code's provisions on safe working conditions and Republic Act No. 11058 or the Occupational Safety and Health Standards (OSHS), while foundational, lack the specific, proactive, and objective measures required to address the systemic threat of extreme heat. Hence, this bill seeks to bridge that gap by institutionalizing the Interactive Heat Index Monitoring and Prediction (iHeatMAP) System as the official basis for heat-related labor interventions; implementing temperature-linked work bans and rest-to-work ratios triggered by real- time heat indices; and mandatory workplace standards that guarantee rest breaks, hydration, and shade, among others. In view of the foregoing, the approval of this bill is earnestly sought. Imee h. Marca "IMEE R. MARCOS

Office of the S TWENTIETH CONGRESS OF THE ) REPUBLIC OF THE PHILIPPINES First Regular Session APR 22 P2:33 SENATE RECEIVED BY: S.B. No. 2065 Introduced by SENATOR IMEE R. MARCOS AN ACT MANDATING PROTECTIVE MEASURES FOR THE PREVENTION AND MITIGATION OF HEAT-RELATED RISKS FOR WORKERS, APPROPRIATING FUNDS THEREFOR, 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 " Heat Protection Act."

SEC. 2. Declaration of Policy. - It is the policy of the State to adopt a proactive,

science-based approach to heat risk management. The State shall utilize real-time meteorological technology to mandate immediate labor restrictions based on objective 5 thermal thresholds to prevent heat-related morbidity and mortality.

SEC. 3. Definition of Terms. - For purposes of this Act, the following shall be

defined as follows: a) "Heat Index" shall refer to the measure of how hot it feels to the human body when relative humidity is combined with the actual air temperature, as officially reported and predicted through the Interactive Heat Index Monitoring and Prediction (iHeatMAP); b) "iHeatMAP" shall refer to the real-time heat index monitoring and forecasting platform developed and maintained by the Department of Science and Technology (DOST) and the Philippine Atmospheric, Geophysical and Astronomical Services Administration (PAGASA);

c) "Heat Wave" shall refer to a period of abnormally and uncomfortably hot and usually humid weather, as officially declared by PAGASA based on defined temperature thresholds and duration specific to a locality; and d) "Urban Heat Island (UHI) Effect" shall refer to the phenomenon where urban areas experience significantly higher temperatures than surrounding rural areas due to human activities and the prevalence of heat-absorbing surfaces;

SEC. 4. Interactive Heat Index Monitoring and Prediction (HeatMAP). - The

iHeatMAP is hereby institutionalized to provide real-time monitoring and public forecasting of the heat index across the Philippines. PAGASA shall issue daily heat index forecasts and public warnings which shall serve as the official basis for triggering the following labor responses: a) Extreme Caution (33-41°C) - mandatory fifteen (15)-minute rest-to-work ratio per hour for outdoor labor; b) Danger (42-51°C) - mandatory work ban, subject to the exceptions in Sec. 5 of this Act; and c) Extreme Danger (52°C and above) - total suspension of all non-essential outdoor labor. Outdoor manual labor is automatically prohibited in any locality where the HeatMAP reports a heat index of 42°C or higher. This ban shall remain in effect until the iHeatMAP indicates a drop below said threshold for two (2) consecutive hourly readings. PAGASA is hereby authorized to declare a "Heat Wave" based on scientific parameters, triggering coordinated inter-agency response protocols.

SEC. 5. Outdoor Labor Heat Protection Standards. - The Department of Labor

and Employment (DOLE) shall, within ninety (90) days from the effectivity of this Act, promulgate and enforce mandatory rules and regulations for heat stress prevention for outdoor labor. These shall include the following: a) Mandatory Rest Breaks: For work performed in an outdoor environment where the heat index is within the "Extreme Caution" level, employers shall

provide paid rest breaks of at least fifteen (15) minutes for every hour of continuous work; b) Mandatory Work Ban: At the "Danger" level, outdoor work shall be suspended, except for essential services under mitigated conditions; c) Heat Hazard Pay: Workers in essential services including, but not limited to, medical emergency response, disaster relief, and critical utility, who shall be required to work in outdoor environments during "Danger" or "Extreme Danger" heat levels shall be entitled to Heat Hazard Pay. The DOLE shall determine the appropriate rate for such compensation; d) Provision of Water and Shade: Employers shall provide potable, cool drinking water at no cost to workers, with a minimum of one liter per worker per hour during high heat conditions. Accessible, shaded, and cool rest areas shall be maintained within reasonable proximity to the work area; and e) Heat Stress Prevention Training and Surveillance Program: Employers shall ensure that all supervisors and workers receive training on the signs, symptoms, and first-aid response to heat-related illnesses, as well as the employer's heat illness prevention plan and surveillance program. These standards shall apply to all outdoor workers, with specific guidelines tailored for the formal sector, informal sector, and agricultural sector.

SEC. 6. Penalties. - Violations of any provision under this Act shall be subject

to the following penalties: a) First Offense - A fine of not less than Fifty Thousand Pesos (PhP50,000.00) but not more than One Hundred Thousand Pesos (Php100,000.00); b) Second Offense - A fine of not less than One Hundred Thousand Pesos (PhP100,000.00) but not more than Two Hundred Thousand Pesos (Php200,000.00) and/or suspension of business operations for up to thirty (30) days; c) Third and Subsequent Offenses - A fine of not less than Two Hundred Thousand Pesos (Php200,000.00) but not more than Five Hundred Thousand Pesos (Php500,000.00) and/or revocation of business permit.

Any person who willfully obstructs the implementation of this Act shall be liable, 2 as provided by law.

SEC. 7. Implementing Rules and Regulations (IRR). - Within ninety (90) days

4 from the effectivity of this Act, the DOLE, in coordination with the DOH, PAGASA, DOST, 5 and the Department of the Interior and Local Government (DILG), shall formulate the necessary rules and regulations to effectively implement the provisions of this Act.

SEC. 8. Appropriations. - The amount needed to initially implement the

provisions of this Act shall be charged against the appropriations of the current year of the concerned departments and agencies. Thereafter, such sums, as may be necessary, 10 for its continued implementation shall be included in the appropriation of the concerned departments and agencies in the annual General Appropriations Act (GAA).

SEC. 9. Separability Clause. - If any provision or part hereof is held invalid or

unconstitutional, the remainder of the Act or the provision not otherwise affected shall remain valid and subsisting.

SEC. 10. Repealing Clause. - Any law, presidential decree or issuance, executive

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

SEC. 11. Effectivity Clause. - This Act shall take effect after fifteen (15) days

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