ADMINISTRATIVE CIRCULAR NO. 57-2004

PRESCRIBING THE GUIDELINES FOR THE GRANT OF

HAZARD ALLOWANCE TO THE PERSONNEL OF THE

SC MEDICAL AND DENTAL SERVICES (SCMDS)

I.          RATIONALE

By the very nature of their duties and responsibilities, the personnel of the Supreme Court Medical and Dental Services (SCMDS) are in frequent, direct and unavoidable contact with patients who seek treatment due to various ailments, which include communicable, contagious, or infectious diseases.

In pursuit of their duties, SCMDS personnel perform hospital visitations, ambulance conductions, and out-of-town medical services, thereby making them constantly exposed and vulnerable to virulent agents which are potentially hazardous to their physiological well-being.

In cognizance of their valuable role as public health workers and in consonance with the mandate of Republic Act No. 7305, otherwise known as the Magna Carta for Public Health Workers, hazard allowance is hereby granted to the personnel of the SCMDS.

The following guidelines are prescribed to govern the payment of hazard allowance among SCMDS personnel in accordance with Section 21 of R.A. 7305 and its Implementing Rules and Regulations.

II.         ELIGIBILITY

SCMDS employees, whether permanent, temporary, casual, or co-terminus, including those assigned or detailed at the SC Clinic who render actual medical, dental and/or other health-related services, as well as those who provide administrative and technical support are entitled to receive hazard allowance.

For the purpose of these guidelines, SCMDS personnel are classified as follows:

1.  Those who, by the nature of their functions, are subject to high risk exposure being directly and frequently exposed to communicable, contagious, infectious and biological hazards. These are the physicians, dentists, nurses, medical technologists, nursing aides, dental aides and physical therapists who render direct, actual, and frequent medical services in the form of consultations, physical examinations, treatment and ancillary care; and

2.  Those who are subject to low risk exposure in view of their indirect and/or infrequent exposure to patients with communicable and infectious ailments in the Supreme Court clinics. These personnel include psychologists, pharmacists, optometrists, who render health-related services as well as clerks, data encoders, utility workers, ambulance drivers and all those who, regardless of their official job titles, provide administrative and technical support to the SCMDS.

III.        RATES OF PAYMENT

In consonance with Section 7.1.5 of the Implementing Rules and Regulations of R.A. 7305, SCMDS personnel shall be granted hazard allowance as follows:

1.  SCMDS personnel exposed to high-risk hazard with Salary Grades 19 and below shall receive hazard allowance equivalent to twenty-seven percent (27%) of their monthly basic salary. Those with Salary Grades 20 and above shall receive hazard allowance equivalent to seven percent (7%) of their basic salary.

2.  SCMDS personnel exposed to low risk hazard with Salary Grades 19 and below shall receive hazard allowance equivalent to twenty five percent (25%) of their monthly basic salary. Those with Salary Grades 20 and above shall receive hazard allowance equivalent to five percent (5%) of their basic salary.

The allowance shall be computed monthly but shall be given on a quarterly basis.

IV.       CRITERIA AND LIMITATIONS

To be entitled to hazard allowance, an employee must have rendered actual service for at least 50% of the total working hours within a calendar month.

Employees who fall under the following circumstances shall not be entitled to hazard allowance:

1.  Those on vacation, sick, maternity/paternity or study leave with or without pay for more than half the number of the total working hours in a calendar month;

2.  Those on full-time attendance in training grant, scholarship grant, seminar, or any other similar activity for more than half the total number of working hours in a calendar month, except when the place of activity is certified by the Department of Health to be risky or hazardous area as specified under Section 7.1.2 and Section 7.1.3 of the Implementing Rules and Regulations of R.A. 7305.

In all cases of payment, the Leave Division of the Office of Administrative Services, shall certify that an employee has rendered actual service in the SCMDS for at least 50% of the total working hours in a calendar month.

An employee, who from time to time, renders actual service upon the request of the Head of the SCMDS, shall be entitled to hazard allowance provided that a certification is issued by the latter that said employee rendered actual service in the SCMDS for at least 50% of the total working hours in a calendar month.

V.        FUNDING

Initial allocations for the grant of hazard allowance shall be taken from the savings of the Supreme Court. Thereafter, funds shall be regularly set-aside for the purpose.

VI.       EFFECTIVITY

This Administrative Circular shall take effect on 15 November 2004.

Issued this 11th day of November 2004.

(Sgd.) HILARIO G. DAVIDE, JR.

Chief Justice

See Annex A

        Annex B

        Annex C

        Annex D

ANNEX A

 

November 4, 2002

 

 

RAMON S. ARMEDILLA, MD., et al.

Medical and Dental Staff

Supreme Court

Manila

 

Dear Dr. Armedilla et al:

 

Please be informed that the request of the Medical and Dental personnel of the Supreme Court for the grant of Hazard Pay is hereby approved, considering that they are certified as public health workers and are exposed to hazard elements caused by the nature of their job.

 

The implementation of hazard pay is made in accordance to governing guidelines as prescribed in the revised Implementing Rules and Regulations of R.A. 7305, specifically on pages 28 to 33.

 

It is hoped that this response has satisfactorily addressed the expressed concern.

 

My best regards.

 

 

 

Very truly yours,

 

(Sgd.) MANUEL M. DAYRIT, MD, MSc

Secretary of Health

ANNEX B

Dr. Manuel M. Dayrit

Secretary of Health

San Lazaro Compound, Rizal Avenue

Sta. Cruz, Manila

 

                        Thru:  Dr. Milagros L. Fernandez

                                    Undersecretary of Health

 

Gentlemen:

 

This refers to the grant of Hazard Allowance to public health workers pursuant to R.A. 7305, otherwise known as the Magna Carta for Public Health Workers.

 

The Honorable Secretary Manuel M. Dayrit, in his 4 November 2002 letter approved the request of the Supreme Court Medical and Dental Clinic personnel for entitlement of the Hazard Pay.  The same request was brought to the Supreme Court En Banc, which was granted through Resolution No. 03-9-02-SC dated 9 September 2003.

 

The Revised Implementing Rules and Regulations of R.A. 7305 requires that each agency shall prepare a list of its health workers who will be entitled to the hazard pay which list shall be reviewed by your Committee.

 

We now submit to your for review the attached list of Supreme Court personnel whom we deemed entitled to receive hazard pay in accordance with your guidelines and procedure.

 

Thank you and warmest regards.

 

 

Sincerely,

 

 

(Sgd.) RAMON S. ARMEDILLA, M.D.

SC Supervising Medical Officer

ANNEX D

C E R T I F I C A T I O N

THIS IS TO CERTIFY that the personnel of Supreme Court Medical and Dental Clinic engaged in health and health-related works are covered by the provisions of R.A. 7305 known as the Magna Carta of Public Health Workers and its revised Implementing Rules and Regulations (IRR):

This Certification is valid until such time it is repealed by the Department of Health due to some valid reasons.

Given this 10th day of February 2004 in the City of Manila.

(Sgd.) MANUEL M. DAYRIT, MD, MSc.

Secretary of Health