Guidelines for Payment of Hazard
Allowance to S & T Personnel Under R.A. 8439 known as Magna
Carta for Scientists, Engineers, Researchers and Other Science
and Technology Personnel in Government
1.0 PURPOSE
These guidelines shall serve as bases in the processing
and payment of hazard allowance of S&T personnel involved
in hazardous undertakings or assigned in hazardous workplaces
2.0 DEFINITION OF TERMS
2.1. Hazard refers to source of danger that poses risks in
work areas, units and stations to which the S&T personnel
are assigned.
2.2. Hazard Allowance is a compensation premium which is
generally paid to officials and employees who are exposed
to hazards, directly or indirectly because of the nature
and/or location of their work.
2.3. Hazardous Areas shall cover any of the following:
2.3.1. difficult/distressed or hardship posts characterized
by geographical distance, inconvenience of travel due to
bad roads and conditions of the terrain, isolation, inaccessibility
and/or extreme weather conditions; remote/ depressed areas;
2.3.2. work areas that are high danger zones to natural
hazards;
2.3.3. work areas posing risks or danger to health and safety
due to direct unavoidable exposure to radiation, communicable/
contagious / infectious diseases; combustible and explosive,
dangerous and toxic chemicals and biologicals;harmful physical
substances and devices; environmental, ergonomic and industrial
service workshop hazards;
2.3.4. work areas posing risks and danger to health and safety
due to unavoidable exposure to mental health institutions,
drug rehabilitation centers and prison cramps:
2.3.5. strife-torn or embattled areas where conflict exists;
2.3.6. work areas declared as under a state of calamity
or emergency;
2.3.7. such other areas that may be considered critical.
2.4. Depressed areas are locations where any or all of the
following condition exist:
a) None or low productivity crops and local resource for
marketing
b) Low income population or average income is below minimum
wage
c) Squatter's areas, slums, dumpsites
d) Absence or lack of social amenities such as schools,
churches and related facilities
2.5. Remote/hard-to-reach/isolated areas are locations where
any or all of the
following exist:
a) No roads or trails
b) No roads but trails only.
c) Reached by hiking, animal or animal-drawn vehicle, small
motorized bancas or motorcycles
d) Unpredictable and irregular schedule of transportation
vehicle
e) Lack of and/or inadequate communication facilities
2.6. Directly exposed S&T personnel are those actually
handling hazardous substances, operating or exposed to hazardous
equipment or assigned in areas that fall within 2.3. .
2.7. Indirectly exposed S&T personnel are those who have
frequent interaction with personnel of agencies who are directlyexposed
to hazards and/or those who are working within the proximity
of an hazardous area.
3.0 COVERAGE
. S&T personnel who occupy plantilla positions whether
permanent or temporary, on full-time or part-time basis and
contractual, casual or emergency positions charged to lump-sum
appropriations now existing or hereafter created provided
that they conform with the provisions of Sec. 5 of RA. 8439
and are exposed to hazards due to the nature and/or location
of their work are entitled to hazard allowance.
S&T personnel are considered exposed to hazards when
their workplace fall under Sec. 2.3 of this Administrative
Order. Declaration of hazardous work area shall be duly certified
by the Secretary of the Department upon recommendation of
the agency head. The entitlement to the hazard allowance
shall be co-terminus with the assignment of the personnel
in the hazardous work areas. .
4.0 ALLOWABLE AMOUNT OF HAZARD ALLOWANCE
4.1. Personnel who are directly exposed to hazardous work
areas shall be entitled to a hazard allowance equivalent
to thirty percent (30%) of their monthly basic salary.
4.2. Personnel who are indirectly exposed to hazardous work
areas shall be entitled to a hazard allowance equivalent
to fifteen percent (15%) of their monthly basic salary. This
amends Sec, 5.4.9 of Implementing Rules and Regulations (IRR)
of RA 8439;
4.3.Payment of hazard allowance is based on the actual presence
in the hazardous area. A half day service shall entitle the
personnel to fifty percent (50%) of the daily hazard allowance
while service of less than four (4), hours shall not entitle
them to the hazard allowance. In case of short duration exposure
to highly dangerous events or phenomena, the head of agency
may grant full allowance.
In instances where, the personnel are providing service in
strife-torn or embattled areas, they shall be entitled to
one hundred percent (l00 %) of the daily hazard allowance.
Payment of the hazard allowance shall be based on the length
of stay in said areas.
4.4. Personnel who are entitled to receive hazard allowance
under existing laws, special laws; charters or enabling acts
may opt to avail of the hazard allowance under Republic Act
No. 8439.
5.0 EXCLUSIONS
. S & T personnel are not entitled to hazard allowance
under the following circumstances:
5.1. Personnel who are on vacation, sick, maternity or study
leave. However, personnel on study leave who conduct laboratory
research related to the course, as duly certified by the
school authority shall be entitled to this allowance.
5.2. Personnel who are on secondment or who are on full time
detail to another agency.
5.3. Personnel who are attending seminars, workshops, trainings
or similar activities except when said activities are held
in areas, which are certified to be hazardous.
It is understood that the personnel who are not entitled
to Hazard Allowance shall perform their functions efficiently
consistent with the requirements of their jobs.
6.0 PROCEDURE
The Heads of agencies shall:
1. Determine who are covered under RA. 8439;
2. Determine who are exposed to hazards and the degree of
exposure thereto whether direct or indirect;
3. Submit recommendations and their list of personnel who
are entitled to hazard pay, to Secretary of DOST for certification
of hazardous place and approval of Hazard Allowance.
As provided by Department of Budget and Management (DBM)
National Budget Circular No. 451
dated March 14, 1996, hazardous areas under 2.3 of this Administrative
Order may be referred to Department of Health, Department
of, National Defense, National Disaster Coordinating Council,
Bureau of Corrections, Department of Environmental and Natural
Resources, Philippine Institute of Volcanology and Seismology
and other appropriate agencies as the case may be, depending
on the nature of hazard.
4. Submit the required documents enumerated under 7.0 of
this Administrative Order.
7.0 CHECKLIST OF DOCUMENTS TO BE SUBMITTED TO DEPARTMENT
OF SCIENCE AND TECHNOLOGY (DOST)
1. Application for accreditation
2. Activities/Functions of the Agency
3. Mandate of the Agency
4. Justifications for Claiming Hazard Pay
5. Name and positions of Personnel Entitled to Hazard Pay
whether directly or indirectly exposed to hazards.
6. Certification of availability of funds from head of agency.
.
8.0 FUNDING SOURCE
Funds for the payment of hazard allowance shall be included
in the appropriations or charged against savings of the agency.
9.0 EFFECTIVITY
As a general rule, qualified S&T personnel under this
Administrative Order as of February 4, 1998 shall be entitled
to hazard allowance effective same date.
For employees who have completed the required number of units
in specific science courses and/or appropriate technical
training on a later date, payment of hazard allowance shall
be effective upon date of completion of said courses.
For non-DOST S&T personnel, effectivity date shall be
upon date of certification of the Secretary of DOST.
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