Too many government inspections hazardous to business?
When the government does not trust the business sector and vice-versa, there is bound to be a lot of tension whenever government inspectors come knocking on the doors of business establishments for too many purposes. There are inspectors from City Hall trying to check the premises in connection with business permits and supposedly to protect the public from fire hazards, and other security issues. The local government units do not trust the businesses to exercise due diligence to assure the safety and security of the public doing business in said establishments. Then, there are fire department inspectors trying to check the fire exits and the presence of hazardous materials and equipment.
There are also revenue inspectors, regulators from the anti-pollution office, and a hundred other agencies trying to look for fault, errors, defects, and any cause for cancellation of permits and licenses. Nowadays, the most dreaded inspectors are from DOLE who are sent by the regional directors exercising a delegated authority from the DOLE Secretary himself, exercising his visitorial powers. There are three kinds of inspections: Routine inspections of all establishments, complaint inspections triggered by a report of alleged violations (they will honor even an anonymous text, email, or an unsigned letter complaint).
The third kind is the so-called safety inspection which is a technical inspection of machines, equipment, and installations, as well as an inquiry into gases and chemicals that constitute health and safety hazards. In principle, these inspections are done by DOLE to perform its legal mandate to afford full protection to labor. And so, these activities should help business take care of its people. There are three important areas inspectors are checking: The general labor standards, the occupational safety and health standards, and security of tenure (and I am raising question on this, with all due respect to DOLE).
I have no problem with general labor standards. All employers must pay the correct wages and benefits to all employees. They must remit contributions to SSS, Employees Compensation Commission, PhilHealth, PAG-IBIG, and BIR. They must not make illegal and unauthorized deductions. They have to provide for free personal protective equipment, like safety shoes and the like. But, with all due respect to DOLE officials (I used to be an undersecretary myself) I don't think DOLE regional offices have jurisdiction over issues on security of tenure, which belongs to the Labor arbiter. DOLE has no power to interfere in the management prerogative to hire people. Thus, to my mind, DOLE has no authority to order a principal employer to absorb workers hired by agencies or contractors. For that, I am willing to go to the Supreme Court for a pure question of law and jurisdiction.
Here is my argument: Too many inspections are hazardous to business. Too much power in the hands of government may lead overeager DOLE underlings to exceed the bounds of the powers vested only in the Secretary of Labor. And a power delegated cannot be further delegated either.
- Latest
