DOLE-7 stops SRP mall construction

CEBU, Philippines - The Department of Labor and Employment (DOLE) -7 has issued a work stoppage order to the project manager, contractor and owner of a mall construction project located at the South Road Properties (SRP) in Cebu City.

DOLE-7 Director Exequiel Sarcauga issued the work stoppage order against Mercado Builders Incorporated, its independent contractor, RBM Construction, and Filinvest Land Incorporated, the owner of the project.

The three are involved in the construction of the IL Corso Festival Mall Project at the SRP.

Sarcauga ordered the three to cease and desist from all their exterior operations until such time that imminent danger is rectified.

The project’s exterior works included cladding, painting, and roofing, among others.

“The primary reason why we issued a work stoppage order is the presence of imminent danger observed at the site upon the conduct of the compliance visit. The construction project site only uses monkey ladder and canopy structure, which serves as a scaffold and platform for its exterior works,” Sarcauga said in a statement.

Sarcauga said that what prompted the Labor Laws Compliance Officer (LLCO) to visit the site was when they received a letter-complaint from one of the workers of the construction project.

LLCO Engineer Rustico Levi Custorio, who conducted the compliance visit, did not only observe deficiencies under the Occupational Safety and Health Standards but also those covered by the General Labor Standards.

Department Order No. 128-13 Series of 2013 on Amending Rule 1414 on Scaffoldings of the 1989 Occupational Safety and Health and Safety (OSHS) Standards, as Amended, provides the general provisions and specific requirements in the use of scaffoldings.

Joel Gonzales, DOLE-7 assistant regional director, who presided over the mandatory conference called by DOLE with the parties involved, said they also noted other deficiencies under the OSHS that the firms have committed.

Among their findings include: No DOLE Approved Construction Safety and Health Program (CSHP); no safety officer with Construction Safety Training (CST) Certificate; no DOLE Accredited Safety Practitioner;  no first aider;  no Philippine Contractors Accreditation Board (PCAB) license;  no structural analysis for gondola or monkey ladder; no TESDA Certificate or NCII for heavy equipment’s operators and skilled workers covering electricians, welders, and scaffolders; and no Occupational Health Nurses Association of the Philippines (OHNAP) certified appointed nurse.

Upon inspection, it was also found out that workers had no personal protective equipment (PPE) such as full body harnesses, hard hats, uniform, and safety shoes.

“On the PCAB issue, the deficiency did not only involve Mercado Builders, Inc. and RBM Construction. It also implicated 10 other contractors, which are directly under Filinvest Land, Inc.,” said Gonzales in the same statement.

Meanwhile, the Filinvest Consortium had announced that it has decided to exercise its option to rescind its purchase of a 19.2-hectare property at SRP that they have won through a public bidding in June 2015.

In a statement, Filinvest said that the Cebu City government failed to comply with several covenants, undertakings and obligations that it was required to fulfill more than a year ago.

Filinvest said that it has given the city an ample extensions but it does not appear that the city will be able to comply within a foreseeable reasonable period of time.

In a recent meeting with Cebu City Mayor Tomas Osmeña, Filinvest said that the mayor interposes no objection to the Joint Letter to Rescind sent by them and the mayor has tasked the Cebu City Council and Filinvest representatives to work out the details and processes to consumate the rescission. (FREEMAN)