DOLE urged to probe mall worker’s death

The Institute for Occupational Health and Safety Development (IOHSAD) has called on the Department of Labor and Employment (DOLE) to probe the death of a worker in a mall in Baguio City.

On 2 November, Robin Esguerra, 45, died after falling 20 meters down a service elevator shaft at his workplace.

IOHSAD condemned the alleged failure of the mall’s management to ensure Esguerra’s safety, which led to his death.

“We also urge the Labor Department to take immediate action, conduct a thorough investigation, release findings publicly, and hold those responsible for workplace safety violations accountable,” the labor group stated.

According to reports, Esguerra, a janitor at a Baguio City mall, was disposing of garbage with two co-workers when they attempted to use the service elevator.

The elevator light indicated it was operational, prompting Esguerra to step onto the platform when the doors opened.

Tragically, he encountered an open shaft instead of a secure platform and fell to his death.

Under Republic Act 11058, or the Occupational Safety and Health (OSH) Law, employers are required to maintain a workplace free from hazardous conditions that may lead to death, illness, or injury.

Employers are also obligated to provide workers with adequate information about workplace hazards, risk control measures, and preventive strategies to protect them from harm.

The DOLE’s OSH Standards explicitly outline the requirements for elevators and related equipment, as IOHSAD pointed out.

Citing Rule 1223 of the OSHS, IOHSAD stressed that “every part of the structure, machinery, and equipment shall be of good design, good mechanical construction, sound material, adequate strength, free from defects, and kept in good working condition."

Current DOLE guidelines impose a maximum penalty of P100,000 for OSH standards violations—an amount that falls far short of addressing the loss of life and does little to deter companies from repeating unsafe practices, according to IOHSAD.

“By treating these violations as mere administrative and financial penalties, companies are enabled to sidestep accountability for neglect that leads to fatal accidents,” IOHSAD lamented.

The group emphasized that stronger policies and enforcement measures are urgently needed to protect workers occupational safety and health rights.

“Criminalizing negligent practices and major OSH violations would help prevent future workplace deaths and tragedies,” IOHSAD pressed.

“Regular and surprise workplace inspections are also essential to ensure compliance with OSH standards,” it furthered.

IOHSAD demands justice for Robin Esguerra and urged the mall’s management to “immediately correct its OSH standards violations, provide full financial assistance to Esguerra’s family, and support them in securing his mandated benefits from the Employees' Compensation Commission.”

“We further urge legislators to prioritize amending the OSH Law to criminalize OSH standards violations, especially those resulting in worker deaths,” IOHSAD said.

“The lives of Robin Esguerra and countless other workers lost to employer negligence are irreplaceable.”

It also invited Esguerra’s family and the families of all OSH victims to “join us in the fight for justice, accountability, and safe workplaces for all.”