The Eddie Garcia bill will keep your favorite actors safe. Here’s how

PHILIPPINE showbiz mourned when veteran actor Eddie Garcia died after an accident on the set of a TV series he was shooting in Manila in 2019.

Garcia had tripped on a cable wire and hit his head, suffering a neck fracture. 

Since then, moves have been made to keep workplaces safe for actors and other workers in the entertainment industry.

These include proposed legislation requiring safety measures and fair working conditions for film, television, and radio entertainment workers. 

On Monday, the House of Representatives approved the proposed “Eddie Garcia Act” on third and final reading. A total of 240 lawmakers voted in its favor, and nobody opposed it.

The Senate must approve its own version of the measure before it could be sent to the President for his signature.

Keeping workers safe

The proposed Eddie Garcia Act requires employers in the industry to strictly comply with the provisions of Republic Act 11058, which strengthens compliance with occupational safety and health standards. 

In addition, the bill requires the employer’s occupational safety and health officer to conduct a risk assessment of the workplace or production location and remove or control any potential hazard to workers or independent contractors. 

They should also use the appropriate safety manual of the industry.  

The employer must likewise ensure that workers and independent contractors have adequate insurance coverage for work-related accidents or death in every film, television, and radio entertainment production.

The bill prescribes a standard of treatment for workers in the industry.

It states that employers should not subject workers or independent contractors to any kind of abuse, physical violence, harassment, or any act that degrades their dignity. Rules must also be in place to prevent sexual harassment.

It also says employers should provide support for individuals with mental health conditions. 

Location shoot bare necessities

The bill also says workers and contractors should be entitled to the following: 

• A dedicated vehicle for emergency purposes
• Adequate and nutritious meals every six hours from the start of work
• Sufficient and accessible supply of drinking water
• Toilets that are clean, enclosed, friendly to persons with disability, and gender-considerate
• Private dressing rooms with the proper safekeeping of their valuables
• Safe, clean, comfortable, and adequately ventilated holding areas with emergency exits
• Free accommodation that is safe and adequate if they will need to work in an out-of-town location

Fair working conditions

The bill prescribes the standard work hours for those in the entertainment industry, known for long working days.

According to the measure, the work hours will be based on the terms and conditions set in the contract, as well as other stipulations. But its contents should be under the following rules:

• The regular work hours are eight hours a day, which may extend up to 12 hours, served intermittently and continuously, exclusive of meal periods. The tripartite council will determine permissible work hours over regular hours.
• Under exceptional circumstances, workers and independent contractors 60 years old and above who will be allowed to work beyond 12 hours must voluntarily execute a waiver prescribed by the Department of Labor and Employment.
• The working hours of minors should follow the law on the Special Protection of Children Against Child Abuse, Exploitation, and Discrimination.
• Working hours must not exceed 60 hours a week, with exceptions to be determined by the tripartite council.

Waiting is work

The bill also states that work hours include “waiting time,” where the workers or contractors are required to stay on set. They must be compensated for this.  

Time spent on ocular, pre-production, and post-production activities are also considered work hours and compensable. 

If a scheduled shoot is canceled less than 24 hours immediately preceding its approved schedule, all on-call workers or independent contractors engaged for the day who are outside the premises of the set must still be compensated. But they won’t be paid if the cancellation is due to force majeure. 

Work beyond eight hours is compensable with overtime pay and other benefits. Also compensable is travel time to and from out-of-town projects.  

Rest is needed

The bill seeks to require employers to provide a rest period of not less than 12 hours between the end of work on one day and the beginning of work on the following day excluding travel time, except for locked-in shoots. 

Wages

According to the measure, the minimum wage of a worker or independent contractor should not be less than the minimum wage in a region. The wages must be paid on time.

Employees must be covered by the Social Security System, Pag-Ibig Fund, and Philippine Health Insurance Corporation. The employer and employee will jointly shoulder the contributions, it states.