40 Days After Deaths of Eton Workers, Families Reel from Loss

A Tangle of Subcontracting Schemes

Iohsad executive director Noel Colina shared that interviews with the families of the victims revealed that all the workers in the Eton Ayala site were all sub-contracted. Eton Properties hired Jose Aliling Construction Management Inc. as the construction manager, with CE Construction serving as the general contractor. Arlo Aluminum is the window contractor, which, in turn, secured the services of E.M. Pinon. It was Pinon which directly hired some of the victims.

“The construction workers of Eton are trapped in a complicated tangle of employment subcontracting arrangements wherein the main company, Eton, is able to weasel out of full responsibility for the workers,” said Colina.

The 11workers who fell – like the rest of the more than 700 other workers of the Eton Residences site — did not receive wages mandated by law. An eight- hour work-shift in the National Capital Region should be compensated with at least P 404 ($9.31) daily wage, but most construction workers receive only P 260 ($6), with some receiving even less.

Escresa said big construction investors, like Lucio Tan-owned Eton, normally tap a web of subcontractors that employ contractual workers for specific parts of a construction project to minimize on labor cost.

“Subcontractors generally pay lower wages, and compromise health and safety standards to minimize costs.

Hong Kong-based Asia Monitor Resource Center in 2008 released a report saying that 1.79 million of the total 1.8 million workers in the Philippine construction industry are “contractuals” or project-based earning low wages.

Justice and Criminal Liability

In the aftermath of the accident, the Philippine National Police (PNP) filed criminal charges against officials of Eton’s sub-contractor. Based on findings, eight gondolas, including the one that fell causing the death of the 10 victims, were put up without a permit from Makati City Hall.

The city’s Department of Engineering and Public Works said its last inspection of the Eton Residence worksite was on October 28, 2010. The gondolas were reportedly installed after. The gondolas, including the one that fell, had a rated load of 630 kilos with a maximum capacity of two persons.

Makati Mayor Jejomar Erwin Binay had previously ordered a stop to the construction of the condominium building until investigations were completed and the safety of the workers were assured. Binay also issued work stoppage orders on some 35 medium and high-rise buildings in the city that were found to be violating provisions of the National Building Code and the Philippine Mechanical Code.

Forty days later, the family of Benbon Cristobal still await justice. (Photos by Ina Silverio R. Alleco / bulatlat.com)

The order was laid down after city hall conducted its regular quarterly inspections of ongoing construction projects in Makati. The said inspections took place from January to the second week of March.

Based on reports, the work stoppage order would only be lifted if and when the buildings have remedied the violations and complied with the National Building Code and the Philippine Mechanical Code.

Escresa, however, said the filing of criminal charges early this month against the officials of Eton Properties’ subcontractors should not be an excuse to soften the pursuit of justice for the killed workers.

“We wonder why Eton Properties itself wasn’t included in the criminal case and only those officials of smaller firms were charged. We fear that those really accountable would get away scot-free,” she said.

“Justice must be accorded to the victims of the tragedy. A thorough investigation must be conducted by the authorities, one that will objectively look into the accountability of all firms involved – not just small subcontractors but also Eton Properties, Inc. itself.”

Worst Violations in the Construction Sector

The worst labor rights violations are daily committed in the country’s construction sector. Workers have no job security, they receive low wages, denied social security, have no protection against dismissals, receive no training, and are given only very limited or no health and safety at work- briefings. They are also not allowed to form or join unions.

The labor department has a standing order (Order no. 13-1998) which states the requirements for a Construction Safety and Health Program which companies must enforce in their construction sites before local government units give them building permits.

A construction permit or building permit is a permit required in most jurisdictions for new construction of buildings and is being issued by District Engineering Offices.

Included in the order is a stipulation that the constructor must provide for a full-time officer assigned to the general construction safety and health of the project. The constructor must also provide a “competent” emergency health personnel within the worksite complemented by adequate medical supplies, equipment and facilities.

A Construction Safety and Health Committee is also a requirement. It must be consisted of the project manager, General Construction Safety and Health Officer, safety representatives from each subcontractor, doctors/nurses, and workers’ representatives serving as its members.

The order also require constructors to furnish workers with protective equipment for eyes, face, hands, feet, lifeline, safety belt/harness, protective shields and barriers at his own expense.

Despite the existence of the order, many construction firms do not implement health and safety standards down to the letter.

Colina cites the case of another construction worker Rolando Arias, a co-worker of the 11 victims of the accident.

“Arias was brave enough to file a complaint at the DOLE; but when Eton Properties caught wind of his complaint , Arias found himself sacked,” he said.

Colina said that in the aftermath of the Eton tragedy, the labor department should clamp down on all erring companies and ensure their follow safety standards. He said the DOLE should scrap its Order 57-04 which allows companies to conduct self-assessment.

The DOLE itself has assessed its own self-assessment program, admitting that the number of labor inspectors have shrunk, from around 240 to less than 200 in the last five years. The number of establishments inspected has also gone down, from 60,000 in 2003, to only 6,000 last year.

In its 2009 occupational health and safety report, Iohsad recorded 26 deaths from the construction sector, with the mining sector, also part of the hazardous sector, on top with 84 deaths. “The DoLE should prioritize hiring new workplace inspectors to supplement the existing number of inspectors the Occupational Health and Safety Center (OHSC) has at its disposal. They should prioritize the hazardous sectors and ensure that at least every 6 months this workplaces undergo mandatory inspections,” said Colina.

“We are also pushing for the immediate ban on the use of asbestos in the Philippines. Many in the construction sector are exposed to the deadly dust it produces, which causes cancer. Companies should also be required by law to re-absorb their injured workers as soon as they become fit. We also hope that our legislators would start to discuss the possibility of legislating a law on industrial manslaughter.