Dear friends,
The Asian Human Rights Commission (AHRC) writes to inform you of the death of a female factory worker and the serious illness of another caused by diseases allegedly contracted at their work place and because of the inadequate medical treatment they received from their companys medical services. On 15 June 2006 Carmen Mendoza, a sewer at Dae Young Apparel, died of a heart ailment. On June 9, Shirley Maderazo, a worker at San Technology Incorporated, was diagnosed with tuberculosis. Mendozas factory was Korean-owned while Maderazos is Japanese-owned with both operating inside the Cavite Export Processing Zone (CEPZ) in Rosario, Cavite.
In November 2005, the company-paid physician examining Mendoza for her annual medical examination reportedly did not diagnose her properly. Her heart ailment was not detected because the physician examining her had no adequate medical facilities. As a result, she was not given proper medication or the rest that she required. She was declared fit to work and therefore continued to do so until her fatal heart attack.
When Mendoza was hired as a sewer in 2001 she was declared physically fit. It is the companys requirement that any applicant must be fit before they can be hired. Five years later, she acquired the heart ailment and began to suffer from severe swelling of her feet. It is alleged that both problems were the result of the long hours Mendoza was forced to work and the subsequent exhaustion she suffered from. The workers are often required to work overtime, especially if they have a quota to meet regarding the number of clothes to finish. Not only are they required to work overtime, the factory also lacks occupational safety facilities. Mendoza and her fellow workers had no proper protective gear, such as facemasks, to prevent them from inhaling the tiny strands of cloth fibres.
One of the Mendozas fellow workers, Violeta Mariano, had also become sick. Ten years after working at their company, she was diagnosed with asthma and developed fibre allergies. She had been hospitalised twice a week in April 2003. During the past two years she had been frequently confined to the hospital due to difficulty in breathing. Mariano, however, has since recovered.
In another case, on June 2, Shirley Maderazo was working a nightshift when she began to cough blood and suffered a nose bleed. She was taken to the companys medical clinic, St. Dominic Medical Center Industrial Health Systems, inside the CEPZ. A physician examining her told her she was merely suffering from swollen tonsils and that she only required one day rest. On June 3, at around 5:30am Maderazo again experienced similar symptoms. Though she wished to admit herself to a hospital she had no money to pay for her hospital bills and medication.
On the same day she went back to her parents house in Rosario, Batangas. Had she not sought a second opinion for her illness she would not have discovered that she had already acquired tuberculosis. Her examining physician, D. Angelia, Jr, MD, diagnosed her with tuberculosis and advised her to rest and take medication. Maderazos x-ray also showed traces of infection to both of her lungs.
Before Maderazo was diagnosed with tuberculosis, she had undergone an annual medical examination as a requirement by her company on May 9. Similar to Mendozas case, she was not diagnosed properly and her illness was not detected. Her x-ray result was normal and she was declared fit to work. On June 7, Maderazo took her x-ray result taken by their company-paid medical clinic to her new consulting physician. It is reported that the examination earlier performed on her was inaccurate.
On June 15, Maderazo wrote a letter addressed to the personnel in charge of her company asking them to explain the incorrect medical examination performed on her by their company-paid medical clinic. No explanation was given to her; either by her company or the medical clinic. The personnel in charge, however, referred her again to the companys medical clinic in order to avail her of six months free medication. Maderazo, however, discovered that her company does not pay the supposed free medication as it is a government medical programme that provides this.
Like Mendoza, there is a strong belief that Maderazo also acquired the disease at her work place. When she was hired in June 1997 she was also declared physically fit. The factory where Maderazo works processes and produces electronic hardware for computers. She was designated as the sub-leader within the quality management section of the production area. One of the products the factory processes is an electronic magnet, which is composed of chemicals hazardous and fatal when openly exposed to humans. Although there have been concerns regarding occupational health and safety standards inside the factory this has not been adequately acted upon by the company. There are a number of other cases concerning work-related diseases and illnesses allegedly acquired by workers at the factory. The workers, however, opted not to complain, as they fear they could loss their job.
SUGGESTED ACTION:
Please write letters to the agencies below and raise your concern about this case. An impartial inquiry must be conducted to determine whether or not the death of Carmen Mendoza and the disease acquired by Shirley Maderazo are from the factory where they are working. An inspection of these factories must be conducted to determine whether they observe occupational health and safety standards. The company and physicians in charge to regularly monitor the workers health must be held accountable for their failings. The physicians must answer to allegations of malpractice. For Maderazos, her company must shoulder her medication and allow her to rest as prescribed by her physicians.
Automated email letters can be sent by the AHRC Urgent Appeals on-line support system. To support this appeal please refer to http://www.ahrchk.net/support.php?ua=UA-194-2006. For those contacts without an email address, we ask that you still write a letter and post or fax this. If you have any problems or questions using this system, please feel free to contact us at ua@ahrchk.org.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear ___________,
PHILIPPINES: Inadequate medical attention leads to the death of a factory worker and serious illness to another
Case 1:
Name of worker who died: Carmen Mendoza (38), a resident of Tramo, Naic, Cavite.
Cause of death: Heart ailment reportedly acquired due to exhaustion, overwork and health hazards inside her factory. She also suffered serious swelling to her feet.
Date of death: 15 June 2006 at around 6pm
Name of her employer: Dae Young Apparel, a Korean-owned garment factory inside the Cavite Export Processing Zone (CEPZ).
Case 2:
Name of ill worker: Shirley Maderazo (26), a native of Rosario, Batangas.
Medical findings: On June 3, she was diagnosed with tuberculosis.
Name of her employer: San Technology Incorporated
Background of the case: On May 9 she was diagnosed as being fit to work by her company-paid physician during her annual medical examination. The medical findings, however, were later proved inaccurate.
I am writing to draw your attention to the case of factory workers Carmen Mendoza and Shirley Maderazo. Mendoza died of a heart ailment on June 15 while Maderazo was diagnosed with tuberculosis on June 3. I am deeply concerned over circumstances that Mendoza and Maderazo could have acquired the diseases from their workplace. I have learned that prior to their employment, the two were deemed physically fit.
According to the information I received, Mendoza may have acquired the disease due to exhaustion and being overworked at her factory. Workers at the factory are usually required to work overtime especially if they have a quota of products to finish. Although working overtime could be with the workers consent, I am deeply concerned that Mendoza and her fellow workers are being forced to work beyond their physical capacity. Not only are the workers regularly overworked, but I have also learned that the factory is lacking sufficient protective gear as part of the occupational health and safety standards.
I have learned that sewers at the factorys production section have not been regularly provided with protective gear such as facemasks. Such equipment would help prevent the inhaling of tiny fibres of clothing which can cause illness. I am deeply concerned that the factory-- Dae Young Apparel--may not be observing occupational health and safety standards. I am extremely disappointed by the failure of the physicians to properly diagnosed Mendoza. Her health could have been prevented from deteriorating had her ailment been detected earlier so that she could have been afforded with regular medication.
In another case, I have learned that Maderazos illness could also have been acquired from her workplace. I am aware that prior to her employment with San Technology Incorporated, she was declared physically fit. Nine years later, she acquired tuberculosis to which the physician of her company failed to detect. When she was examined for their annual medical examination on 9 May 2006, she was informed that her x-ray was clear and that she was fit to continue in her work. On June 3, however, after seeking the advice of another physician it was discovered that she had tuberculosis and that it was at a serious level. The day before she was examined she began coughing blood and suffered a nose bleed while working.
I have learned that on June 15, Maderazo sought an explanation from the personnel in charge of her company regarding the erroneous finding of her x-rays. However, no explanation was given to her. Instead, she was referred back to the companys medical clinic-- St. Dominic Medical Center Industrial Health Systems--who later referred her for free medication for tuberculosis patients. It was learned, however, that the company excused themselves from providing medication to her as the medication is actually a free government programme for tuberculosis patients.
Maderazo, as a sub-leader for quality management section, is usually exposed to electronic magnets and other electronic product fumes. One of the products they are processing is an electronic magnet for computers, which is actually hazardous and risky to humans. I am deeply concerned that this occupational health and safety concern may not have been adequately acted on by the company, thereby exposing workers to possible risk.
I am extremely disappointed by this lack of concern by the companies involved in these two cases. I urge your appropriate intervention to look into allegations regarding health and safety standards in these workplaces. An inquiry into the alleged malpractice of the company physicians for their failings to properly diagnose their workers must also be looked into. Had the workers been properly diagnosed the outcome may have been drastically different. At the very least, therefore, I urge you to ensure that Maderazo is afforded with regular medication.
I urge the concerned government agencies, in particular the Department of Labor and Employment (Dole) and the Philippine Economic Zone Authority (Peza), who are mandated to uphold labour standards to take effective steps on this matter. They must ensure that the working conditions of the factory workers inside the Cavite Export Processing Zone (CEPZ) are in compliance with the occupational and health standards. Should there be factories failing to observe these standards, in particular the companies where these victims are employed, they must be sanctioned accordingly.
I trust that you will take immediate action in this case.
Yours sincerely,
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PLEASE SEND YOUR LETTERS TO:
1. Atty. Lilia B. de Lima
Director General
Philippine Economic Zone Authority (PEZA)
Roxas Boulevard corner San Luis Street
Pasay City
PHILIPPINES
Tel: +63 2 551 3432 / 3454 / 3455
Fax: +63 2 551 3449 /+63 2 891 6380
Email: dglbl@peza.gov.ph
2. Mr. Peter Favila
Secretary
Department of Trade and Industry
4/F BOI Building
385 Sen. Gil J. Puyat Avenue
Makati
PHILIPPINES
Fax: +63 2 896 1166
Tel: +63 2 899 7450
3. Dr. Francisco Duque III
Secretary
Department of Health (DOH)
San Lazaro Compound, Tayuman,
Sta. Cruz, Manila 1003
PHILIPPINES
Tel: +63 2 743 8301 to 23
Fax: +63 2 743 1829
Email: info@doh.gov.ph; ftduque@co.doh.gov.ph
4. P/DIR Gen. Arturo Lumibao
Chief, Philippine National Police (PNP)
Camp Crame
Quezon City, Metro Manila
PHILIPPINES
Tel: +63 2726 4361/4366/8763
Fax: +63 2724 8763
5. Ms. Purificacion Quisumbing
Commissioner
Commission on Human Rights
SAAC Bldg., Commonwealth Avenue
U.P. Complex, Diliman
Quezon City
PHILIPPINES
Tel: +63 2 928 5655 / 926 6188
Fax: +63 2 929 0102
Email: drpvq@chr.gov.ph
6. Dr. Esperanza I. Cabral
Secretary
Department of Social Welfare and Development (DSWD)
Batasan Pambansa Complex, Constitution Hills
Quezon City
PHILIPPINES
Tel.: +63 2 931 8101 to 07
Tel/Fax: +63 2 931 8138
7. Mr. Danilo Cruz
Secretary
Department of Labor and Employment (Dole)
7/F DOLE Building, Intramuros
Manila NCR 1002
PHILIPPINES
Tel No: +63 2 527 2131
8. Ma. Brenda l. Villafuerte
Chief, Inspection Standards Division
Bureau of Working Conditions (BWC)
3rd Floor, Muralla Wing, DOLE Bldg.
Intramuros, Manila
PHILIPPINES
Tel No: +63 2 527 3000 local. 305 / 306 527 3478 local. 308 and 309
Email: bwc@dole.gov.ph; ohsdbwc@info.com.ph
9. Mr. Paul Hunt
Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Fax: +41 22 917 90 06
E-mail: urgent-action@ohchr.org
(ATTN: SPECIAL RAPPORTEUR ON THE RIGHT OF EVERYONE TO THE ENJOYMENT OF THE HIGHEST ATTAINABLE STANDARD OF PHYSICAL AND MENTAL HEALTH)
10. Mr. John Ruggie
Special Representative of the SG on human rights and transnational corporations and other business enterprises
OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9615
Fax: +41 22 917 9006 (ATTN: SPECIAL REPRESENTATIVE OF THE SG ON HUMAN RIGHTS AND TRANSNATIONAL CORPORATIONS AND OTHER BUSINESS ENTERPRISES)
Email: urgent-action@ohchr.org
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ahrchk@ahrchk.org)
