Revised Conditions for Compensability of Pulmonary TB under Annex A of the Amended Rules on Employees' Compensation

November 28, 2011

ECC BOARD RESOLUTION NO. 11-11-29

REVISING THE CONDITIONS FOR THE COMPENSABILITY OF PULMONARY TUBERCULOSIS UNDER ANNEX "A" OF THE AMENDED RULES ON EMPLOYEES' COMPENSATION

WHEREAS, Article 167 (I) of P.D. No. 626, as amended, partly provides:

". . . the Commission is empowered to determine and approve occupational diseases and work-related illness that may be considered compensable based on peculiar hazards of employment."

WHEREAS, Article 177 (c) empowers this Commission to approve rules and regulations governing the processing of EC claims;

WHEREAS, pursuant to the policy of the Commission for the continuous upgrading of the benefit structure for workers through the updating on the conditions for compensability of occupational diseases and work-related illnesses under Annex "A" of the Amended Rules on Employees' Compensation and due to recent developments in the field of Occupational Medicine, this Commission finds it necessary to amend the prevailing conditions for the compensability of Pulmonary Tuberculosis;

WHEREAS, on February 25, 2011, this Commission issued Board Resolution No. 11-12-09, creating the Technical Review Panel to review the conditions for compensability of Pulmonary Tuberculosis;

WHEREAS, the Technical Review Panel, composed of medical experts and leaders of medical professional groups and medical specialty societies, presented its proposed amendments to the conditions for compensability of Pulmonary Tuberculosis to a tripartite group composed of representatives from the Regional Industrial Tripartite Council (Region IV-A), Employers' Confederation of the Philippines (ECOP), Social Security System (SSS), Government Service Insurance System (GSIS), Civil Service Commission (CSC), Pilipinas Shell, Philippine College of Occupational Medicine (PCOM), Occupational Health Nurses Association of the Philippines (OHNAP), Bureau of Working Conditions (BWC), Occupational Safety and Health Center (OSHC); HCaEAT

WHEREAS, the representatives from the tripartite group have come to an agreement to recommend the approval and adoption by the Commission of the amendments on the conditions for compensability of Pulmonary Tuberculosis;

ON MOTION DULY MADE AND SECONDED,

This Commission RESOLVES AS IT IS HEREBY RESOLVED, to revise the following conditions for compensability of Pulmonary Tuberculosis under Annex "A" of the Amended Rules on Employees' Compensation:

"7. Infections

xxx xxx xxx

"(e)	Tuberculosis	Any occupation involving close and frequent contact
		with source or sources of tuberculosis infection by
		reason of employment: (a) in the medical treatment or
		nursing of a person or persons suffering from
		tuberculosis, (b) as a laboratory worker, pathologist or
		post-mortem worker, where occupation involves
		working with material which is a source of tuberculosis
		infection."
"27.	Pulmonary	Any occupation involving close and frequent contact
	Tuberculosis	with source or sources of tuberculosis infection by
		reason of employment: (a) in the medical treatment or
		nursing of a person or persons suffering from
		tuberculosis, (b) as a laboratory worker, pathologist or
		post-mortem worker, where occupation involves
		working with material which is a source of tuberculosis
		infection."

The revised conditions for compensability of Pulmonary Tuberculosis shall now read as follows:

"27. Tuberculosis (Pulmonary and Extrapulmonary)

"Any occupation involving close and frequent contact with a source/s of tuberculosis infection by reason of employment.

"Occupations involving, but not limited to, high risk occupational groups and working conditions that are more susceptible to tuberculosis infection:

''a. In the medical treatment or nursing of person/s suffering from tuberculosis. LibLex

"b. As pathologist, post-mortem worker and medical laboratory workers e.g., medical technologists, smearers/laboratory technicians where the occupation involves working with materials which are sources of tuberculosis infection.

"c. Other health facility staff in direct and frequent contact/handling of active PTB cases or infected materials e.g., dentists, dental/radiology technicians, respirator therapists, physiotherapist, housekeeping staff, social workers, clinic staff/secretaries.

"d. Staff of correctional facilities/jails in direct contact with inmates especially in overcrowded and poorly ventilated prisons.

"e. Workers involved in collection/handling/transportation/disposal of biological wastes.

"f. Workers who have been clinically diagnosed with Silicosis or those chronically exposed to silica in the course of their work.

"g. Workers in workplaces characterized as overcrowded, poorly ventilated and enclosed where there are documented cases of active TB."

This Commission RESOLVES FURTHER, that copies of this Resolution be duly furnished the SSS and the GSIS for their compliance and proper guidance.

APPROVED in Makati City, November 28, 2011.

 

(SGD.) LOURDES M. TRASMONTEChairperson-Designate

 

(SGD.) JUDY FRANCES A. SEEMember-Designate

 

(SGD.) DIONISIO C. EBDANE, JR.Member-Designate

 

(SGD.) VLADIMIR R. TUPAZMember

 

(SGD.) MIGUEL B. VARELAMember

 

(Absent)ALEXANDER D. PADILLAMember-Designate

 

(SGD.) ANICIA MARASIGAN-DE LIMAMember-Designate

 

(Absent)(SGD.) EVELYN P. FLORENDO-TABLANGMember

 

Published in The Philippine Star on January 29, 2012.