DOLE Labor Advisory No. 20-23: Guidelines on the Implementation of the Workplace Policy and Program on Cancer Prevention and Control in the Private Sector

On September 15, 2023, the DOLE issued Labor Advisory No. 20, Series of 2023, providing new guidelines on the implementation of a Cancer Control and Prevention Policy and Program in the Workplace.

Under the Labor Advisory, employers and their employees are required to adopt such a program, which shall include the following areas:

1. promotion of a safe and healthy lifestyle, including the mental and social well-being of employees;

2. adjustment and updating of the existing cancer policy and program, subject to the information gathered from medical surveillance and examination of employees, especially those engaged in high-risk activities;

3. conduct of awareness campaigns on cancer and the provision of health education and information to employees on self-breast examination, ill-effects of smoking and excessive alcohol drinking, and the signs, symptoms, and prevention of the different forms of cancer;

4. implementation of appropriate control measures (engineering, administrative, and personal protective equipment) to avoid the exposure of employees to cancer-causing chemicals, work processes, and working conditions in the workplace;

5. implementation of measures to ensure the prevention of stigma and discrimination against employees with cancer;

6. facilitation of timely referral mechanisms for screening, diagnosis, and treatment, including the provision of social and mental health services to different DOH cancer centers and other appropriate healthcare facilities;

7. implementation of measures to assist return-to-work and re-integration into the workplace of employees diagnosed with cancer;

8. adoption of employee-centric program variable monitoring, including attendance to awareness-raising efforts, employee availing of cancer prevention and control measures, such as pap smear and digital rectal examination, and number of employees being assisted for cancer-related treatment;

9. provision of materials on the procedure for compensation claims and the Employees Compensation Commission (ECC) expanded benefits; and

10. provision of assistance on the access of rehabilitation and compensation in the private sector through the ECC, whenever applicable.

Employers must refer employees seeking to be screened for cancer to the different facilities of DOH-retained hospitals for consultation, diagnosis, medication, and treatment. Employers are encouraged to provide the following work accommodations and arrangements for employees with cancer:

1. paid leave benefit on top of existing leave benefits under the company policy, collective bargaining agreement, the Labor Code of the Philippines, and special laws;

2. flexible work arrangements, re-scheduling of work hours, and adoption of other work arrangements, including telecommuting; and

3. other benefits.

The medical records of the concerned employees must be handled in accordance with the Data Privacy Act, to prevent unauthorized access, accidental or unlawful destruction, alteration, disclosure, and any other unlawful processing.

Employers must submit an Annual Medical Report Form to the DOLE indicating the number of cancer-related activities and program implemented in the workplace.