ANOTHER worker, who was one of those seriously injured when a portion of a building constructed by Citi Hardware collapsed at 2:10 p.m. last October 14, died Monday (October 17).
Louel Batican, 41, of Danao City, who was in critical condition when brought to the hospital, succumbed to serious injuries.
He was the third to die in the accident.
The first fatality was Lazaro Capa, 31, of Toledo City, who died on the spot when the accident happened. The second fatality, Elvin Bongo, 45, died at 3 p.m. the day after, October 15.
Site Engineer Leo Mabale, of Toril LCY Trading Corp., which operates Citi Hardware, reported the third fatality to Department of Labor and Employment (Dole) Central Visayas Director Exequiel Sarcauga.
Violations
Sarcauga conducted a mandatory hearing regarding the accident attended by Mabale, foreman Basilo Acebo Jr., Labor Laws Compliance Officer (LLCO) Benito Pescadero Jr. and Information Officer Yngrid Yumang of the Employees Compensation Commission (ECC).
During the hearing, Sarcauga lectured Mabale and Acebo who represented Citi Hardware for committing serious violations defined by Rule 6, Section 6 of Dole Department Order 131-13 Rules on Labor Laws Compliance System.
Their violations resulted in the collapse of the wall of the building they were constructing and the death of the three workers and serious injuries of six others.
Sarcauga told Mabale and Acebo that Citi Hardware is mandated by labor law to pay all the hospital and funeral expenses incurred by the victims.
He said that aside from payments of hospital bills, Citi Hardware is also required by law to continuously pay the salaries of the affected workers who are confined in the hospital, and the remaining more than 40 workers who stopped working because of the Dole Central Visayas stoppage order.
“That is your price for violating the labor laws on health and safety. If you think that safety and acquiring safety equipment are expensive, then try accident,” Sarcauga said.
Yumang said that under the law, workers who met an accident at work must receive employee’s compensation (EC) and related benefits from the ECC.
But all EC claims may be filed by the claimant or his beneficiary at the Social Security System (SSS) nearest the place of work or residence.
Benefits
Mabale and Acebo admitted to Sarcauga that they did not enroll all the affected workers with SSS, Philhealth and Pag-Ibig Fund.
Sarcauga said that in order to help the affected workers, Citi Hardware must pay SSS the premium for the last quarter of 2016 so SSS will consider it for humanitarian reasons.
Yumang said that those covered by the Employee’s Compensation Program (ECP) are all employees in the private sector with employer-employee relationship regardless of the nature of employment, including, but not limited to, regular, casual, contractual or temporary.
Sarcauga noted that Citi Hardware did not provide the workers the personal protective equipment such as hard hat, and full body harness.
Had the workers been provided body harness, they would not have hit hard the ground, Sarcauga said.
He added that had the workers worn hard hats, they would not have suffered serious head injuries.
Sarcauga ordered Mabale and Acebo to submit documents as proof of compliance with the rules not later than November 7.
The next hearing will also be conducted on or before November 7.
Sarcauga warned Mabale and Acebo that the work stoppage order will not be lifted if the Citi Hardware management will not comply the labor laws.