With the expectation of the upcoming Super El Nino, the Department and Labor Employment (“DOLE”) has issuedGuidelines on the Compensability of Heat Stress and Heat-Related Illnesses Under the Employees’ Compensation Program During El Niño and Other Periods of Extreme Heat (“Guidelines”) found in DOLE Labor Advisory 19-26.
The primary purpose of this Guidelines is to provide clear official guidance on the compensability, prevention, documentation, and reporting of occupational heat-related illnesses under the Employees’ Compensation Program (“ECP”) of SSS and GSIS.
Legal Development and Key Provisions
As provided by Amended Rules on Employees Compensation[1], the following are heat related illnesses: (1) heat stroke, (2) heat cramps, and (3) heat exhaustion. They are compensable in cases involving workers whose jobs or working conditions entail exposure to excessive heat. Other heat-related illness not listed under the Amended Rules may likewise be compensable provided that the worker’s working condition increased his or her risk of developing the illness.
However, the Guidelines has now acknowledged the Employee’s Compensation Commission(“ECC”) Board Resolution No. 26-10-40 (Series of 2026), on other recognized illnesses associated with extreme heat conditions which includes:
- Heat syncope or fainting/dizziness
- Heat rash (Bungang Araw)
- Rhabdomyolysis or muscle injury/damage
- Dehydration resulting in kidney injury/damage
- Neurological disorders or conditions affecting the normal functioning of the nervous system.
The Guidelines has also created several factors to determine work-related injuries. Including but not limited to, the nature of employment and activities, environmental/workplace conditions (temperature, humidity, ventilation), duration and intensity of exposure, protective clothing/equipment, and preventive/protective measures implemented.
In order for the claims to be made for these illnesses, the Heat Index classifications from DOST-PAGASA may be used as supporting evidence of environmental heat conditions. In addition, Employers must maintain Occupational and Safety Hazard (“OSH”) records and assist affected workers in filing claims with the SSS or GSIS. Basic and supporting documents required include certificates of employment, job descriptions, medical records, incident reports, logbook entries, workplace temperature measurements, work schedules, and witness statements.
Practical Implications
For Businesses and Employers, they must implement concrete heat-stress mitigations, such as providing continuous access to drinking water, designated shaded or air-conditioned rest areas, and adjusted work-rest schedules during peak heat hours. Furthermore employers are required to maintain detailed records to support potential claims and aid their employees.
For Employees, workers in both outdoor (ex. construction, agriculture, logistics) and indoor environments (ex. poorly ventilated factories or warehouses) can claim compensation if extreme heat contributed to their condition.
Conclusion
The Guidelines marks a shift toward protecting worker health amid intensifying climate risks. By broadening the scope of recognized heat-related conditions and establishing clear evidentiary standards such as utilizing, DOST-PAGASA Heat Index data, the Guidelines significantly lowers the barrier for workers to secure compensation. For employers, compliance extends beyond mere paperwork; it requires proactive risk management, recordkeeping, and active support in claim filings. Ultimately, the Guidelines creates a shared responsibility, encouraging management to implement effective thermal comfort measures while empowering employees to safeguard their well-being during periods of extreme heat.
This legal publication provides a general overview of DOLE Labor Advisory No. 19-26 as of the publication date and does not constitute formal legal advice or an official opinion. For specific legal inquiries, please consult a GEL Law Partner.
Atty. Ludanielle N. Legarde is a Partner at GEL Law.