GUIDELINES FOR THE IMPLEMENTATION ... - HR Nation Philippines

BUREAU OF WORKING CONDITIONSDepartment of Labor and Employment

GUIDELINES FOR THE IMPLEMENTATION OF MENTAL HEALTH

WORKPLACE POLICIES AND PROGRAMS FOR THE PRIVATE SECTOR

Department Order No. 208, Series of 2020

2Understanding Mental Health

Mental HealthIt is a state of well-being in which every individual realizes his or her own potentials, can cope with the normal stresses of life, can work productively and fruitfully, and is able to make a contribution to her or his community.


Mental Health ConditionA neurologic or psychiatric condition characterized by the existence of a recognizable, clinically-significant disturbance in an individual’s cognition, emotional regulation, or behavior that reflects a genetic or acquired dysfunction in the neurological, psychosocial or developmental processes

The determination of neurologic and psychiatric conditions shall be based on scientifically accepted medical nomenclature and best available scientific and medical evidence


Understanding Mental Health

▪ Over 450 million people around the world suffer from different mental or neurological disorders.

▪ 18 million work days were lost to sickness absences due to mental health conditions, 2015.

▪ WHO predicts that by 2030, businesses around the world will lose approximately 12 billion workdays due to depression and anxiety disorders.

▪ 9 out of 10 people with mental health condition experience stigma and discrimination

▪ 2,558 suicide cases caused by mental health problems in the Philippines, 2012

▪ Estimated 4.5 million Filipinos was projected to be suffering from depression or any mental health issues


Overview of RA 11036 and its IRR▪ Entitled An Act Establishing a National Mental Health

Policy for the Purpose of Enhancing the Delivery of Integrated Mental Health Services, Promoting and Protecting the Rights of Persons Utilizing Psychiatric, Neurologic, Psychosocial Health Services, Appropriating Funds Therefor, and for other Purposes

▪ Otherwise known as “The Mental Health Act”

6Overview of RA 11036 and its IRR

Timeline

Overview of RA 11036 and its IRR 7

Took effect on 05 July 2018

Enacted on 20 June 2018

Issued IRR on22 January 2019

Published in theOfficial Gazette

Published on 04 February 2018

IRR took effect on19 February 2019

Salient Features1. It makes treatment available at all levels of national health

system.2. Total integration of mental health service into the

Philippines general healthcare system.3. It requires government agencies to spread awareness in

schools and workplaces.4. It requires mental health professionals, workers and other

service providers to undergo capacity building, reorientation and training.

5. It creates the Philippine Council for Mental Health .6. It provides penalties for violations. 8Overview of RA 11036 and its IRR

Rights of Persons with Mental Health Condition1. Humane Treatment 2. Free from discrimination and stigmatization3. Exercise all inherent rights (ex. social/political/religious) 4. Confidentiality of all information 5. Access to mental health services at all levels6. Participate in mental health advocacy/ planning/

legislation 7. Give informed consent before receiving treatment8. Appoint legal representatives


Duties and Responsibilities of the DOLE under RA 110361. Develop guidelines and

standards on evidence-based mental health programs for the workplace and

2. Develop policies that promote mental health in the workplace and address stigma and discrimination suffered by people with mental health conditions .


Duties and Responsibilities of the DOLE under the IRR

1. Issue appropriate guidelines in the development and implementation of workplace policies and programs in coordination with DOH & MH experts;

2. Develop MH programs for OFWs; and

3. Provide assistance to employers in the development and promotion of mental health programs in the workplace including access to mental health services.


Punishable Acts


1. Failure to secure informed consent;

2. Violation of the confidentiality of information;

3. Discrimination against a person with a mental health condition

4. Administering inhumane, cruel, degrading or harmful treatment not based on medical or scientific evidence

PenaltyUpon conviction by final judgment, may be punished by imprisonment, fine, or both, at the discretion of the court.


6 months – 2 years ₽10,000.00 < ₽200,000.00

Focus Areas

Overview of RA 11036 and its IRR 14

School Workplaces Communities

DEVELOPMENT OF DO 208-20

15Department Order No. 208, Series of 2020

Signed Published Effective

11 February 2020 17 February 2020 04 March 2020

*6 Consultation Meetings; 2 Tripartite Executive Committee Meetings; 2 National Tripartite Industrial Peace Council Meetings

Mental Health Promotion and Policies in the WorkplaceEmployers shall develop appropriate policies and programs on mental health designed to:1. Raise awareness,2. Correct stigma and discrimination,3. Identify and provide support for

individuals at risk, and4. Facilitate access to treatment and

psychosocial support.


ObjectiveGuide employers and workers for the effective implementation of MH Workplace Policies and Programs in accordance with the following:1. Mental Health Law (RA 11036) & its IRR;2. Magna Carta for Persons with Disability (RA 7277, as

amended by RA 10524) and its IRR;3. OSH Law (RA 11058) and its IRR;4. United Nations Convention on the Rights of Persons with

Disabilities;5. Safe Spaces Act (RA 11313); and6. Other relevant policy issuances. 17Department Order No. 208, Series of 2020

Scope and Coverage

Applies to all workplaces and establishments in the formal sector including those which deploy Overseas Filipino Workers (OFWs)


Formulation of Mental Health Policy and ProgramIt is mandatory for all workplaces and establishments and shall:1. Raise awareness, prevent stigma and discrimination,

provide support and facilitate access to medical health services.

2. Promote workers’ well-being towards healthy and productive lives.

3. Be Jointly prepared by management and workers’ representatives and be made integral part of the company’s OSH policies and programs.


Formulation of Mental Health Policy and ProgramThe Mental Health Workplace Policy and Program shall be:1. Properly coordinated and2. Monitored and regularly reviewed and updated, as

necessary.

*Assistance may be sought from the DOLE, DOH and/or organizations rendering mental health services such as PAP, PPA, PNA, PGCA, and PMHA.


Components and Implementation Strategies of the MH WP&P1. Advocacy, Information, Education and Training

▪ Provision of basic information and education on mental health;▪ Extension of its activities to the workers’ families through

CSR;▪ Conduct of capacity building of OSH personnel and

Human Resource Officers on the identification, recognition of psychosocial hazards and management of mental health problems; and▪ Coordination with DOH, NCMH or with other mental

health service providers. 21Department Order No. 208, Series of 2020

Components and Implementation Strategies of the MH WP&P2. Promotion and enhancement of workers’ well-being to

have healthy and productive lives ▪ Increase workers’ awareness;▪ Promote healthy lifestyle and work-life balance;▪ Identify and manage work-related stress and stressors;▪ Manage effectively changes in the work organization

and utilization of human resources systems;▪ Establish programs on mental health, recognition of

workers’ achievements and efforts, and psychosocial support and▪ Conduct capacity building of managers and HR. 22Department Order No. 208, Series of 2020

Components and Implementation Strategies of the MH WP&P3. Social policy

▪ Non-discriminatory policies and programs▪ Confidentialitya. communicated and understood by all workersb. prepared advance directive by the worker to

form part of workers record (201 file)c. bound by rules of confidentiality/Data Privacy

Act of 2012


Components and Implementation Strategies of the MH WP&P▪ Disclosure

a. encourage workers’ to disclose his/her mental heath condition for purposes of reasonable accommodation

b. disclosure of workers’ mental health condition is allowed in any of the following condition: − required by law− consent from the worker with mental health condition− life threatening emergency cases (ex. self harm) − administrative, civil or criminal case filed against mental

health professional for negligence 24Department Order No. 208, Series of 2020

Components and Implementation Strategies of the MH WP&P▪ Work accommodation and work arrangement

a. agreements shall be made between management and workers’ representative

b. work accommodation and support must be clearly explained to the worker preferably in the presence of family member

c. return to work with reasonable accommodation may be allowed as recommended by the mental health professional and concurred by OH physician, if any

d. changes in workers’ behavior/attitude should be monitored and evaluated 25Department Order No. 208, Series of 2020

Components and Implementation Strategies of the MH WP&P4. Treatment, rehabilitation and referral system

▪ Provision of mental health services by employer or through the company’s workers assistance program;▪ Referral to mental health facility or mental health service

providers; and▪ Utilization of leave credits.


Components and Implementation Strategies of the MH WP&P5. Benefits and compensation

▪ Determination of appropriate compensation shall be based on the current health benefit packages of PhilHealth, ECC or SSS, whichever is applicable;▪ Entitlement to all monetary and non-monetary statutory

benefits; and▪ Encouraged to include mental health services in their

health packages with 3rd party healthcare providers.


Components and Implementation Strategies of the MH WP&P6. Support mechanism program

▪ Counselling through referral


Duties and Responsibilities of Employers

1. Develop, implement, monitor and evaluate mental health workplace policies and programs;

2. Develop and implement programs with reporting mechanism and shall not themselves engage in bullying, harassment, all forms of work-related violence, threats, shaming, alienation and other forms of discrimination;


Duties and Responsibilities of Employers

3. Ensure adequate resources to implement and sustain mental health workplace programs;

4. Provide necessary training to OSH personnel and HR Officers;

5. Provide necessary work accommodation, when needed;6. Develop referral mechanism of workers at risk of

developing or with mental health condition; and7. Ensure compliance to all requirements of existing

legislations and guidelines related thereto30Department Order No. 208, Series of 2020

Duties and Responsibilities of Workers1. Participate actively in the formulation and effective

implementation of the workplace policies and programs on Mental Health ;


2. Provide assistance, in any form, to improve the condition of co-workers who are at risk of developing or with mental health condition and refrain from any discriminatory acts against them ;

Duties and Responsibilities of Workers3. Seek assistance from the company’s OSH personnel on

conditions which may be related to or may result to a mental health condition for appropriate medical intervention and possible work arrangement;

4. Not themselves engage in bullying, harassment, all forms of work-related violence, threats, shaming, alienation and other forms of discrimination;


Record Keeping and Reporting Requirements ▪ Keep or maintain medical

records inside the company clinic- If the clinic is not yet

legally required, the medical records shall be kept with HR.

▪ Report cases to DOLE using the AMR form


Monitoring and Evaluation

▪ Implementation and monitoring shall be the responsibility of the employer through the OSH committee.▪ Annually or as necessary, review and

evaluate Mental Health Workplace Policies and Programs and

▪ Submit to the DOLE-RO, having jurisdiction over the company, a copy of the company policy or program.


Compliance and Enforcement ▪ Compliance of establishments

in the private sector with this Guideline shall be enforced by the DOLE Regional Office which has jurisdiction over the company, in accordance with RA 11058.


DTI-DOLE Interim Guidelines on Workplace Prevention and Control of COVID-19


▪ To assist private institutions allowed to operate during the ECQ and GCQ in developing the minimum health protocols and standards in light of the COVID-19 pandemic.

▪ Applies to all workplaces, employer and workers in the private sector.

▪ Aligned with DOH AO 2020-0015 (Guidelines on the Risk-based Public Health Standards for COVID 19 Mitigation; April 27, 2020)



▪ Workplace Safety and HealthA. Increasing physical and mental resilience1. Emphasize every day actions to stay healthy

- eat nutritious food - drink plenty of fluids, avoid alcoholic beverages - adequate rest and sleep - exercise regularly

2. Enjoin companies to provide free medicines and vitamins3. Provide referral for workers needing counselling or

presenting mental health concerns



▪ MH indicators − 15,693 establishments

monitored − 294 establishments need

to have physical and mental resiliency activities

− 249 establishments lacking of referral system

*Source: MIS data as of 08 July 2020

Penalties under DO 208-20▪ Imposition of penalty shall be

dealt with in accordance with the provisions of existing labor laws and regulations, particularly, the pertinent penalty clauses of RA 11058, as may be applicable.


Gender-Based Sexual Harassment in the Workplace 40

CARES DT I G M A

I S C R I M I N A T I O N

Gender-Based Sexual Harassment in the Workplace 41

CARES DT I G M A

I S C R I M I N A T I O N

END OF PRESENTATIONFor inquiries, you may reach us at:

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