Sunday, May 31, 2015

Kentex tragedy can happen anywhere

Aldwin Quitasol

BAGUIO CITY — The grim death of the 72 workers who were trapped in the burning building of Kentex Manufacturing Incorporated shows how capitalists with the consent of the government itself prioritize profit more than the value of human life said Agrofoods Employees Union-National Federation of Labor Unions-Kilusang Mayo Uno president Rodel Laroza.

Laroza together with workers from different workplaces of Baguio City and nearby places joined other members of KMU Cordillera and different progressive groups and individuals as part of a nationally coordinated action in demanding the accountability of concerned agencies and upholding of the safety of workers.

This was in solidarity with the workers and members of different organizations in observing May 18 as the national day of mourning for the 72 workers , many of whom are women who were burned to death in the biggest factory fire that hit the Philippines on May 13 this year. It was that fateful day that Kentex was reduced to ashes by a big fire along with the poor workers.

A day after the incident, a fact-finding team composed of labor organizations  namely the Center for Trade Union and Human Rights, the Ecumenical Institute for Labor Education and Research (EILER), Institute for Occupational Health and Safety Development (IOHSAD), and the national office of KMU went to the place of the incident in Barangay Ugong, Valenzuela City to gather data and information on what really happened. In the statement of the team, they found glaring violations of standards pertaining to general labor conditions and to occupational health and safety. 

The team mentioned that it is most likely that these violations caused the tragic and massive loss of lives in the recent fire.

Laroza said that Kentex is a manufacturer of rubber slippers which are being supplied in various part of the country. He said that rubber when burned releases deadly fumes that are dangerous to human being.

Disregarding safety of workers
Findings of the fact-finding team, violations on the Occupational Health and Safety included: mishandling of the chemical super seal which is used as a rubber emulsifier. Survivors recalled that the fire started on the ground floor of the two-storey factory after the welding spatter from the roll-up door being repaired reacted with the chemical that was unsafely placed on the factory's floor and was not kept in separate and safe stock room. According to the team, such clearly violates Rule 1943.07 on storage of the Occupational Safety and Health Standards of 1989. It was stated in the rule that significant quantities of commodities with fire hazards greater than ordinary combustible commodities shall be separated from the main bulk by fire walls.

Absence of proper labeling and awareness of the nature of the said chemical. The team reported that workers, including the welder who was fixing  the gate of the factory compound, were not aware that the chemical is highly flammable as it was not properly labeled. Survivors said that when smoke started to rise from the sacks of the chemical where the welding splatter fell, there were workers who poured water which only caused the fire to become bigger.

The absence of proper smoke and fire alarm and apparent absence of fire and safety drill among the workers. The survivors noted that even when the ground floor was already filled with smoke, workers in the assembly line and the office staff at the second floor still continued working. The fire spread so quickly that they were trapped inside and there was no other way out except through the main door. They also recounted not hearing any sounds of fire alarm. They also disclosed that they were not given fire and safety drill.

According to the reports, the factory compound had no fire exits and there were only two gates, one is for people and the other is for delivery trucks. Witnesses manifested that workers at the second floor attempted to break the windows open until they could no longer be seen from the outside. Out of the more than 70 workers on the said floor, only four of them escaped by squeezing themselves through an opening and jumping out of the building.

Kentex passed standards?
The fact-finding team lambasted the Department of Labor and Employment for permitting companies like Kentex that do not follow safety standards. “With all these glaring and clear OHS violations of Kentex, how did DOLE release an OHS compliance certificate. In news reports, Labor Secretary Rosalinda Baldoz claimed that the factory passed an inspection on compliance with general labor standards and OHS standards that was conducted by DOLE on September 14. The bureau of Fire Protection (BFP) also gave the factory a fire safety inspection certification.

The team stressed that DOLE failed its role that workers are protected and their lives are safe and secure inside the workplace. “The issuance of DOLE to Kentex Manufacturing, an OHS standards violator, as complying to OHS standards, makes DOLE primarily accountable to the deaths of the 72 workers in this tragedy,” read the statement.
Labor violations

The team stated that apart from the clear violations of OHS standards, the factory also violated general labor standards, contrary to the claims of DOLE. According to the interview with the survivors, only workers who served for 20-25 years are considered regular workers while those who worked for average of 10 years are considered casuals.
According to the fact-finding, there are more than 100 workers out of the less than 200 workers who were employed by a contracting agency. KMU mentioned that the contracting company CGC agency pay them a daily wage of P220 which is far from the P481 mandated by the minimum wage law in Metro Manila. Said agency was also reported as not remitting the workers' SSS, Philhealth and PAG-IBIG contributions.

Calling for justice
Anakpawis Cordillera regional coordinator Michael Cabangon said that workers and the rest of the Filipinos should not let this tragedy just be forgotten. He said that the death of 72 workers is not only a shocking news but it pictures how the lives of the workers are disregarded infavor of big capitalists in collaboration with the officials of government agencies supposed to ensure the safety of the people.

He said DOLE and the BFP who gave compliance certification to Kentex be held accountable. He added that criminal and administrative charges be imposed to the officials of the said agencies. He said just compensations be given to the families of the victims and proper benefits be provided to the workers who lost their jobs after the fire immediately. “There should be a long-term support for orphaned children as well,” he included.

Laroza meantime said that until the lack of measures ensuring the safety of workers in the workplaces are not seriously considered, tragedies like what happened to Kentex factory are more likely be repeated. He said that House Bill 4635 or the Worker's Safety and Health Inspection and Employers' Liability Decree (SHIELD) that will make violations of OHS standards a criminal and at the same time an administrative offense should be passed immediately into a law.

He said that the DOLE branch here in the Cordillera and also the BFP should do their very best and inspect factories and other workplaces in the region. He said they as government agencies not only here in the region but elsewhere in the country should be very responsible enough as they are mandated to ensure that the painful Kentex tragedy will not happen again.


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