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News Top Stories Hanjin not liable for death, says labor dept
News Top Stories Hanjin not liable for death, says labor dept
| Hanjin not liable for death, says labor dept |
| Monday, 30 June 2008 04:44 | |||
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The Hanjin Construction Corp. Ltd. cannot be held liable for the death of Mario Atrero and for the injury on his co-workers because the incident was a “matter of force majeure and not work-related,” said Alvin Villamor, DOLE assistant regional director, in a telephone interview on Sunday. “Force majeure” means an unexpected and disruptive event that may operate to excuse a party from a contract. “From Dry Dock 6, they ran to the iron forms to seek shelter from the rains. The wind was strong. The iron forms fell on them. If they had not gone there, they would not have been killed or hurt,” Villamor said, relaying the findings of two inspections by a DOLE team there last week. He said the dry dock was 100 to 200 meters from the iron forms. These are concrete walls for the dry docks. Villamor said the iron forms were not used as scaffoldings. The team, comprised of regional director Nathaniel Lacambra and safety engineer Pedro Fernando, conducted an investigation on June 22 or a day after it received reports on the incident. The team returned on Tuesday to make further verifications, Villamor said. Asked if the team interviewed Atrero’s co-workers, Villamor said, “No.” An inspection of the site where the incident happened was sufficient, he said. Pyeong Jong Yu, HHIC-Philippines general manager, on Sunday confirmed that DOLE found no fault with the company for Atrero’s death. Pyeong said Hanjin has formed a safety committee “composed of higher [company] officials in Korea” to “strictly monitor” the implementation of DOLE’s recommendations. “We have been holding many meetings and inspections by the SBMA (Subic Bay Metropolitan Authority) and DOLE. On the second week of July, they will check compliance [with safety measures]. But right now, we are more than 90 percent compliant,” he said. SBMA Administrator Armand Arreza did not reply to the Philippine Daily Inquirer’s calls and text message on the status of the CDO.
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