DOLE: 1 of 10 fatalities in Makati construction accident a minor

The subcontractor in the construction tragedy that claimed the lives of at least 10 construction workers in Makati City last week may face charges for at least two violations. While the Makati City government found the subcontractor installed gondolas at the construction site without its knowledge, the Department of Labor and Employment (DOLE) found out that one of the fatalities was a minor. “Our investigation showed that Kevin [Mabunga, 17 years old], was still a minor and, therefore, was not supposed to be working at the accident’s site," Labor Secretary Rosalinda Baldoz said in a news release posted Tuesday night on the government portal. She said employers who hire minors without securing an employment permit for them are liable under the law. At least 10 construction workers fell to their deaths while one was injured after an electric gondola they were riding malfunctioned and crashed several floors down. The Makati City government and the DOLE are conducting investigation into the incident that occurred at the 39-storey Eton Residences Greenbelt building along Paseo Gallardo in Barangay San Lorenzo, Legaspi Village. Baldoz said Mabunga's employer "is answerable if found violating the law against child labor, specifically [Republic Act] 7610, otherwise known as an 'Act providing for Stronger Deterrence and Special Protection Against Child Abuse, Exploitation, and Discrimination, and for other purposes.'" Under Sec. 16 of RA 7610, violators face a fine of up to P10,000 or imprisonment of up to three years. Baldoz did not immediately say if the employer may face separate charges for Mabunga's death. Illegal gondolas On the other hand, the city government found violations ranging from the illegal installation of gondolas to the lack of records on preventive maintenance. "The sub-contractor installed eight gondolas without securing a permit from the Makati Engineering Department," the city government said in a news release posted on its web portal. It said the gondolas were installed after the last inspection by the city engineer's office on Eton, which was last Oct. 28. It said that since the last inspection, "no preventive maintenance record was presented for all temporary mechanical equipments." However, the city government did not specify the sanctions that the subcontractor would face, or if the developer itself, Eton Properties, would be held liable as well. In its findings, the city government said the gondola unit that figured in last week's accident had a rated load of 630 kgs. With a maximum capacity of two persons. The gondola had 11 passengers at the time of the incident. "As a result of the overloading, the davit arm was bent and the cable snapped," it said. The city government said the subcontractor violated Rule III Section 301.2 of the Building Code on the securing of Ancillary Permits for mechanical loads; and Rule II, Section 215.4 of the Building code for Inadequately maintained Mechanical Equipments. DOLE extends assistance Meanwhile, the DOLE extended assistance to the families of the 10 construction workers who died last week. Baldoz said the assistance includes livelihood and scholarships for the victims’ children. “Aside from determining the extent of liabilities of the victims’ employers and to ensure that the latter will pay once their liabilities are clearly established, the DOLE task force created for such purpose is also readying a package of assistance for the victims’ families," she said. Baldoz said Mabunga's family will be the first to be assisted. Mabunga's father, a coconut farm keeper, will be assisted in starting a bee-keeping project, a productive livelihood source in Buenavista town in Marinduque where the family resides, said DOLE Region IV-B director Zenaida Angara “The regional office will negotiate with the association of beekeepers in Buenavista to provide Kevin’s family with a colony of bees even if the family is not a member of the association, which was earlier granted a DOLE livelihood assistance fund," Angara said. She also reported that the regional office is working on the possibility of enrolling Mabunga’s brother Brian under the DOLE’s special program for the employment of students (SPES), which enables students of poor families aged 15 to 25 years old to work and earn income during summer and Christmas vacations, in collaboration with DOLE partners in the regions. - KBK, GMANews.TV