2 - Environmental Health Laws and Regulations

• Environmental health includes all physical, chemical, and biological factors external to a person and all related behaviors.
• It involves preventing or controlling disease, injury, and disability related to interactions between people and their environment.
• Globally, 23% of all deaths and 26% of deaths among children under 5 are due to preventable environmental factors.
• Environmental health laws govern the relationship between humans and the natural environment in a mutually beneficial way
• Environmental health regulations are used to impose minimum requirements for environmental quality.
• Interventions encourage or discourage specific activities and their effects, often through permits renewed periodically, issued and controlled by local and regional governments.

Philippine Environmental and Occupational Health Laws and Regulations

• The legal structure includes statutes/statutory laws and jurisprudence/case law.

Statutes or Statutory Laws

• Consists of the Constitution and legislative enactments.
• The Constitution is the fundamental law of the land, holding the highest authority.
• Statutes are numerous and varied, supplying details the Constitution leaves unprovided and governing people's conduct.
• Since 1900, enactments include 4,275 Acts (1900-1935), 733 Commonwealth Acts (1935-1945), 2,034 Presidential Decrees (1972-1985), 884 Batas Pambansa (1979-1985), and 11,168 Republic Acts (1946-1972, 1987-2019).

Jurisprudence or Case Law

• Philippine Law also comes from cases decided by courts and judicial functionaries.
• The Civil Code states that judicial decisions applying/interpreting laws/the Constitution form part of the legal system, with Supreme Court decisions establishing jurisprudence binding on all courts.

Philippine Environmental Law

• It regulates the use of and access to natural resources and human activities affecting environmental quality.
• It involves natural and social sciences, technologies, policy research/development, resource management, and public administration.
• The scope includes the natural environment (land, air, water) and the human environment (health, social, human-made conditions).

General Environmental Laws

• The Philippine Constitution of 1987 is the highest law of the land and the basis for all other laws.
• Article II includes the Declaration of Principles and State Policies.
• Section 15 says the State must protect and promote the people's right to health and instill health consciousness.
• Section 16 says the State must protect and advance the people's right to a balanced and healthful ecology.
• PD 1151 (Philippine Environmental Policy of 1977) aims to protect and preserve the environment and improve conditions for humans and nature to thrive together.
• PD 1152 (Philippine Environmental Code of 1977) establishes management policies and quality standards for air quality, land use, and water quality.
• Water quality management, natural resources management and conservation, and waste management are also covered.
• RA 7160 (Local Government Code of 1992) involves "local devolution" of responsibility transferred from the national government to LGUs.
• Section 16 discusses general welfare, and Section 17 discusses basic services and facilities.

Specific Environmental Laws

• RA 8749 (Clean Air Act of 1999): Focuses on preventing air pollution.
• RA 9275 (Clean Water Act of 2004): Focuses on preventing water pollution from land-based sources.
• RA 9003 (Ecological Solid Waste Management Act of 2000): Focuses on management of solid waste.
• RA 9513 (Renewable Energy Law of 2008): Accelerates renewable energy exploration and development.
• RA 8550 (The Philippine Fisheries Code of 1988): Regulates all aquation and fishery resources.
• RA 9147 (Wildlife Resources Conservation and Protection Act of 2001): Focuses on wildlife conservation, preservation, and protection.
• RA 7942 (Philippine Mining Act of 1995): The new system of exploration, dev't, utilization, and conservation
• PD 856 (The Code on Sanitation of the Philippines of 1975): Is the main law implemented by the DOH on environmental occupational health program implementation
• PD 1067 (The Water Code of the Philippines of 1978) - governs water resources/ use to secure a water permit from the National Water Resources Board

PD 856: Code on Sanitation of the Philippines

• The DOH has to promote and preserve the health of the people and raise the health standards of individuals and communities in the Philippines.
• A comprehensive law mandates that all public services works toward the protection and promotion of health.
• The DOH through the LGU regulates the operation of all types of establishments that cater to the general public.
• Services protect and promote health to the consuming public.
• All establishments must comply with a Sanitary Permit from the local health office (LHO) of LGU.
• Requirements for Sanitary Permit Issuance include a valid health certificate for all personnel working in an establishment.
• Sanitary requirements cover water supply, vermin control, sewage and excreta disposal/drainage, and refuse disposal.
• Structural requirements cover ventilation, lighting, space, building materials, and designs.
• LGUs implement PD 856 with a Sanitary Inspection Form that has the same format but specific features for each type of establishment.

International Environmental Laws

• Most were enacted under the United Nations
• Any agreement enacted by the UN is a formed part of the national law
• Rio Declaration on Environment and Development, Earth Summit (1992): States cooperate in the spirit of global partnership to conserve, protect, and restore the health and integrity of the Earth's ecosystem
• UN Convention on the Law of the Sea (1982): International agreement that establishments the legal framework for all marine and maritime activities
• The Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal (1989): Regulates the drug boundary movements of hazardous waste and other waste
• Montreal Protocol on Substances that Deplete the Ozone Layer (1987): Global agreement to protect the stratospheric ozone layer
• United Nations Framework Convention on Climate Change (UNFCCC) (1992): Ultimate aim of preventing dangerous human interference with the climate system
• Convention on International Trade in Endangered Species of Wild Flora and Fauna (1973): Multilateral treaty to protect endangered plants and animals from threats of international trade
• Agenda 2030 - Sustainable Development Goals (2015): A universal call to action to end poverty, protect the planet, and ensure that by 2030 all people will enjoy peace and prosperity

Occupational Health Laws

• PD 442 Labor Code of the Philippines (DOLE) - 1974: Revised and consolidated labor and social laws protecting labor, and promoting environment and human resources development.
• Chapter 2 concerns occupation health and safety. Article 160 covers Safety and Health Standards.
• PD 856 Sanitation Code of the Philippines (Industrial Hygiene - DOH/LGU) - 1975, Chapter 7 covers Industrial hygiene.
• Republic Act No. 9165 - Comprehensive Dangerous Drugs Act - 2002: calls for the instillation of a national drug-free workplace. RA 9211 Tobacco Regulations Act - 2003: Designated smoking/non-smoking zones in establishments.
• RA 7877 Anti-Sexual Harassment Act - 1995: employers/ heads of office have a duty in the commission of acts of preventing sexual harrasment.
• RA 8504 Philippine AIDS Law - 1998, discusses HIV/AIDS education in the workplace.
• Provides standardized basic information/instruction on HIV/AIDS, with confidentiality in the workplace RA 9514 Fire Code - 2008: In preventing fire in the workplace, fire prevention equipment is required RA 11058: An Act Strengthening Compliance with OHS - 2017: Employers are now required to comply with Occupational Health and Safety (OHS) Standards set in the act. Philippine Occupational Health and Safety Standards (1989): promoted a safe and healthy workplace for all working people Addressed the different forms of hazards encountered in a workplace

Philippine Occupational Health Provisions

• RULE 1030 covered training of Personnel in Occupational Safety and Health
• RULE 1040 covered Composition of Health and Safety Committee
• RULE 1070 Occupational Health and Environmental Control
• RULE 1080 covers Personal Protective Equipment and Devices
• RULE 1960 covered Occupational Health Services

Government Authorities

• Enforces the execution of the mentioned laws
• The DENR (Department of Environment and Natural Resources is the principal unit tasked enforcing laws for environmental protection
• Created pursuant to Executive Order No. 192 (1987) which fused the functions of the Ministry of Natural Resources (MNR), National Pollution Control Commission (NPCC) and National Environmental Protection Council (NEPC)
• The responsibilities include the conservation, management, development, and proper use of the country's environmental and natural resources.

DENR attached Agencies

• The Natural Resources Development Corporation (NRDC) for promoting natural resources development
• The National Mapping and Resource Information Authority (NAMRIA), the central mapping authority of the government
• The Laguna Lake Development Authority (LLDA), government unit serves as environmental regulatory authority for the Laguna Lake region

Health Authorities

• Dual health system comprised the public and private sector.
• Public sector is financed through a tax-based budgeting system, health care is given free. Consists of DOH, LGUs, and other agencies providing health services
• Department of Health (DOH): Lead agency in health with a major policy mandate and the development of national plans
• The Philippine Insurance Health Corporation (PhilHealth): Government-owned to administer the national health insurance program
• PhilHealth is now possible because of the passage of the Universal Health Care (UHC Law) The private sector consists of both for-profit or non-profit providers and is largely market-oriented
• Is hugely involved in the maintenance of people's health through health services in clinics and hospitals, Health insurance, the provision of health/ nutrition products etc

Labor Authorities

• The Department of Labor and Employment (DOLE) is mandated to formulate policies, and implement programs.
• Serves as the policy-coordinating in the field of labor and employment and promoting opportunities as well optimizing manpower resources.
• The Occupational Safety and Health Center (OSHC): Is one of the DOLE attached agencies and established as the nationally recognized unit for safety, training and technical advice.
• There are other DOLE attached departments like the ECC, ILS, NCMB ect.

Local Government Units

• These LGUs are grouped in 17 regions and have guaranteed local autonomy under the 1987 Constitution and the Local Government Code of 1991