Dole Department Order No. 143-15: CD Technologies Asia, Inc. © 2016
Dole Department Order No. 143-15: CD Technologies Asia, Inc. © 2016
Dole Department Order No. 143-15: CD Technologies Asia, Inc. © 2016
Pursuant to the provisions under Section 8, Rule III of the Implementing Rules and Regulations of RA 10028 (An Act
Expanding the Promotion of Breastfeeding, Amending for the Purpose Republic Act No. 7600, Otherwise known as "An Act
Providing Incentives to All Government and Private Health Institutions with Rooming-In and Breastfeeding Practices and for
Other Purposes" or the Expanded Breastfeeding Act of 2009), which provides that an application for exemption from setting
up lactation station by a private establishment may be granted for a renewable period of two years by the DOLE Regional
Director upon determination that the establishment of the facility is not feasible or necessary, the following guidelines is
hereby issued for the guidance of and compliance by all concerned.
SECTION 1. De nition of Terms. — As used in Republic Act 10028 and for purposes of this Order, the following
terms are hereby defined:
(a) "Expressing milk" — the act of extracting human milk from the breast by hand or by pump into a container.
(b) "Lactation stations" — private, clean, sanitary, and well-ventilated rooms or areas in the workplace or public
places where nursing mothers can wash up, breastfeed or express their milk comfortably and store this
afterward. Also known as breastfeeding room/area/station.
(c) "Lactation periods" — paid or compensable break intervals in addition to the regular time-off for meals to
breastfeed or express milk. These break intervals shall not be less than 40 minutes for every 8-hour
working period.
(d) "Nursing employee" — otherwise known as lactating employee; is any female worker, regardless of
employment status, who is lactating or breastfeeding her infant and/or young child.
(e) "Establishment" — refers to any private entity, whether operating for pro t or not, employing individuals
where work or any of its incidents are being undertaken, located in one office or workplace address.
(f) "Act" — refers to Republic Act (RA) 10028.
(g) "IRR" — refers to the Implementing Rules and Regulations of RA 10028.
(h) "DOLE" — Department of Labor and Employment.
(i) "DOH" — Department of Health.
SECTION 2. Exemptible Establishments. — An establishment may be covered by the exemption, provided that any
of the following conditions are met at the time of application, and provided further that no female clients visit/transact with
the establishment:
(a) establishments with no nursing or lactating employee;
(b) establishments with no pregnant employee.
SECTION 3. Where to File Application for Exemption. — The application shall be led at the nearest Field Of ce
(FO) of the DOLE having jurisdiction over said establishment.
SECTION 4. Requirements for the Filing of Exemption. — The following documents shall be led either thru
personal service, courier, registered mail or email:
(a) duly accomplished application form (can be downloaded at www.bwsc.dole.gov.ph) signed by the
owner/president/manager or their authorized representative;
(b) copy of certificate of previous exemption (if applying for renewal of exemption).
Two copies each of the above documents shall be submitted if led through personal service, courier or registered
mail.
SECTION 5. Action on Application. — The DOLE Regional Of ce (RO) shall, within fteen (15) working days, from
the date the application has been received by the DOLE RO, act on all applications. The DOLE FO shall review/verify the
information stated in the application form. If necessary, it shall conduct a validation or ocular visit, interview the applicant
establishment and worker's representative prior to the approval of the application.
SECTION 6. Issuance of Certificate of Exemption. — Upon determination that the accomplished application form is
in order and that it is eligible for exemption, the DOLE Regional Of ce shall issue a certi cate of exemption to the
establishment.
SECTION 7. Display and Validity of Certi cate of Exemption. — The original certi cate of exemption issued by the
DOLE or a copy thereof shall be displayed conspicuously at all times in the work/of ce premises of the establishment. This
certi cate of exemption shall be renewable every two years. The certi cate of exemption shall be revoked at any time during
the two-year period of exemption, if the conditions cited in Section 2 of this Order are no longer present.
SECTION 8. Action on Disapproved Application. — Where the establishment's application is disapproved, the DOLE
FO shall:
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(a) indicate in the application form the reason(s) and recommendations and immediately return to the
applicant establishment the application form filed;
(b) facilitate establishment's compliance and thereby advise the establishment to:
i. set up a lactation station in accordance with the Prototypes/Models as provided under Part I of
Annex A of this Order; or
ii. adopt the Lactation Station Equivalency Guide as provided under Part II of Annex A of this Order in
case it is not capable or it is not feasible to set up any of the prototype models; and
iii. develop, in consultation with the workers, a workplace policy or clear set of guidelines that protects,
promotes and supports breastfeeding program.
(c) inform/advise the establishment of the administrative sanctions/penalties under RA 10028, which the
DOH may impose upon private establishments for unjusti able refusal or failure to establish lactation
stations and/or observe mandated lactation periods for its nursing employees.
SECTION 9. Reportorial and Record-Keeping Requirements. — The DOLE, being one among the government
agencies identi ed as responsible in monitoring the implementation of RA 10028, as provided under Sections 29 and 30 of
Rule VIII of the IRR, shall, through its regional of ces keep a record of establishments which have been issued a Certi cate of
Exemption, monitor and ensure establishments' compliance with this Guidelines and submit periodic reports to the Bureau
of Workers with Special Concerns for the purpose cited under the next section.
SECTION 10. Review of this Guidelines. — This Order shall be reviewed after two to three years following its
effectivity.
SECTION 11. Effectivity. — This Order shall take effect fteen (15) days after its publication in a newspaper of
general circulation.
ANNEX A
Department Order no. _______ "Guidelines Governing Exemption of Establishments from Setting Up Lactation Stations"
Part I
Lactation Station Prototypes/Models*
(adopted in part from "Workplace Breastfeeding Options" Investing in Workplace Breastfeeding Programs and Policies: An Employer's
Toolkit)
* For further information, please view the video animation at the BWSC Website: www.bwsc.dole.gov.ph
Model 1 Model 2 Model 3 Model 4**
• A corner shielded with screen, • Within the clinic but • Private room • A combination of
foldable or movable divider or shielded from view by • May be inside the clinic models 1 to 3
tall cabinet — ensuring privacy a screen or divider; free but enclosed separately • Portable
for an employee to express milk from intrusion
• Non-negotiable: not to be • Near sink; but not to • Sink with running water • Box-like type
located in the toilet be located in the toilet • Small refrigerator • Can be moved from
• A wash basin along with a • May or may not have • Small locker to store one location to
** Model 4 may be appropriate for an establishment located in one building but with several floors
Common Facility • Establishments clustered in one area, location or building may opt to
adapt any of the four (4) prototype models above where they can
send their lactating women employees. Usage of this
common facility shall be clearly stated in their individual company
breastfeeding policy.
*** R.A. 10028 (An Act Expanding the Promotion of Breastfeeding, Amending for the Purpose Republic Act No. 7600, otherwise known as
"An Act Providing Incentives to All Government and Private Health Institutions with Rooming-In and Breastfeeding Practices and for Other
Purposes")
Part II
Lactation Station Equivalency Guide
For establishment • Provision of • Screened corner • Support the LGU • Support a common
with peculiar breastfeeding like a fitting room installed lactation facility and send
workplace capes, shawls or • Provision of coolers facility in the area their lactating
circumstances nursing covers for storing expressed • Provision of breast- employees to use
breastmilk feeding capes, the facility
shawls or nursing
covers
• Provision of coolers
Application Form for Exemption of Private Establishments from Setting Up Workplace Lactation Station
Cagayan Sub-Office
Aparri, Cagayan
(078) 888-2031
Batanes Office
Ivatan Lodge, Basco, Batanes
CP. No. 0920-231-8811
dolebatanes@yahoo.com
Regional Office No. 3
Diosdado Macapagal Regional Government Center,
Barangay Maimpis, City of San Fernando, Pampanga
TelFax: (045) 455-1617 (045) 455-1614 (045) 455-1619
dolero3@gmail.com
tssd2.dolero3@gmail.com
RO 3 Field Offices
Aurora Field Office
Mabini St., Baler, Aurora
(042) 209-4412
dolero3aurora@gmail.com
Bataan Field Office
Rotary Ave., Tenejero, Balanga City, Bataan
(047) 237-7225
dolero3bataan@gmail.com
Bulacan Field Office
Brgy. Lugam, City of Malolos, Bulacan
(044) 662-5636 TelFax: (044) 662-1028
bulacan.dolero3@gmail.com
RO 10 Field Offices
Western Misamis Oriental Field Office
Monte Carlo Bldg., RER Subdivision, Phase 1
National Highway, Kauswagan, Cagayan de Oro City
(088) 857-2583
dole10_wmo@yahoo.com
Eastern Misamis Oriental Field Office
Diesto Bldg., National Highway, Villanueva, Misamis Oriental
TelFax: (08842) 740-941 CP No. 0917-559-6490
dole10_emo@yahoo.com
Electronic copy of this directory, forms and other pertinent information can also be accessed thru the Bureau of Workers with
Special Concerns website at www.bwsc.dole.gov.ph.
Links to the Department of Labor and Employment and its Regional and Field Offices can also be found in said website.