PH-RENEWABLE ENERGY DEVELOPMENT PROJECT

ENVIRONMENTAL AND SOCIAL SAFEGUARDS FRAMEWORK

(ESSF)

Final Version LGU Guarantee Corporation

May 2013

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Table of Contents

I. BACKGROUND 5

II. ENVIRONMENTALANDSOCIALSAFEGUARDS ISSUES 8

III. LEGAL FRAMEWORK 12

IV. PROJECT PROCESS GUIDELINE 18

V. PUBLIC CONSULTATION, PARTICIPATION AND DISCLOSURE 29

VI. GENDER DEVELOPMENT 30

VII .INSTITUTIONALARRANGEMENTSANDCAPACITYBUILDING 30

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List of Abbreviations and Acronyms

AFI Accredited Financial Institution AI Area of Influence AO Account Officer ARAP Abbreviated Resettlement Action Plan BP Bank Policy CAPEX Capital Expenditures CFP Credit Facility Proposal CNC Certificate of Non-Coverage CPI Credit Policy Issuance CTF Clean Technology Fund DAO DENR Administrative Order DENR Department of Environment & Natural Resources DOE Department of Energy DP Displaced Person EA Environmental Assessment EC Electric Cooperative ECA Environmentally Critical Areas ECC Environmental Compliance Certificate ECOPs Environment Codes of Practice ECP Environmentally Critical Projects EC-PCG Electric Cooperative– Partial Credit Guarantee ECSLRP Electric Cooperative System Loss Reduction Project EDD Environmental Due Diligence EIA Environmental Impact Assessment EIS Environmental Impact Statement EIARC Environmental Impact Assessment Review Committee EMB Environmental Management Bureau EMoP Environmental Monitoring Plan EMP Environmental Management Plan ESSF Environmental and Social Safeguards Framework FI Financial Intermediary FPIC Free and Prior Informed Consent FS Feasibility Study GMO Genetically Modified Organisms IBRD International Bank for Reconstruction and Development IEE Initial Environmental Examination IEEC Initial Environmental Examination Checklist IEER Initial Environmental Examination Report IFC International Finance Corporation ISO International Standards Organization LGU Local Government Units LGUGC LGU Guarantee Corporation NCIP National Commission on Indigenous People NCP Non-Covered Projects

NEA National Electrification Administration NOL No Objection Letter NPC National Power Corporation OP Operational Policy PCO Pollution Control Officer

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PCR Physical Cultural Resources PD Presidential Decree PDR Project Description Report PMB Project Monitoring Board, LGUGC PMO Project Management Office, LGUGC RAP Resettlement Action Plan RCR Resettlement Completion Report ROW Right of Way RPP Rural Power Project SA Social Assessment SECR Social & Environmental Compliance Report SMR Self-Monitoring Report WB, Bank World Bank

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I. BACKGROUND

A. Project Overview

1. The higher objective of the project is to assist the Philippines in meeting the demand for

electricity and to increase access to it in a sustainable manner. 2. The Project Development Objective is to increase renewable energy generation in all parts

of the Philippines, including off-grid areas and to bolster private sector lending to Electric Cooperatives (ECs) that are focused on operational and financial efficiency.

3. It is expected that ECs will be able to provide better quality of service to more customers

and at the same time become more credit worthy so that they develop and/or purchase bulk renewable energy.

4. The main beneficiaries will be the current and new customers of rural electric

cooperatives. Other stakeholders that will benefit from the project include the ECs, and small- and medium-sized renewable energy project developers.

B. Project Description

5. The proposed project is a follow-up to both the Rural Power Project (RPP)and the Electric

Cooperative System Loss Reduction Project(ECSLRP). It seeks to build on the more promising aspects of RPP for investment support to renewable energy and EC energy efficiency projects; and of ECSLRP-namely, the Electric Cooperative-Partial Credit Guarantee (EC-PCG) program.

6. This project will focus on a segment of the energy efficiency and renewable energy

markets in the rural electrification sector that are less likely to obtain commercial financing. These include additional investments not in the current ones under EC-PCG, such as mini- hydropower projects that are embedded within the service territories of specific electric cooperatives and have been largely overlooked by the big energy project developers. The project will add to the number and geographic scope of renewable energy generation projects in the country. Also, non-network projects are eligible provided these are less than 50% of the aggregate loan amount.

7. This project will also expand the capacity of the EC-PCG program for back lending to the

EC sector. The program currently provides partial credit guarantees backing up to 80% of the capital and 3 months interest of loans to qualified ECs. There are about 50 ECs in the program. The Clean Technology Fund (CTF) will be used as a guarantee to increase the capacity of the EC-PCG to back new commercial loans while preserving it stop credit rating.

8. Financing of an increase in the guarantee capacity of the ECPCG program. The CTF

Guarantee will be contingent finance that is call-able cash, and as such, counts as Tier 1 capital. It can therefore be leveraged in the same manner as the cash which is today sitting in EC-PCG-owned accounts, which are managed by an escrow agent (a private commercial bank in the Philippines). EC-PCG cash will be the first loss; the CTF Guarantee will be the second loss, and will only be drawn upon in the event that EC-PCG’s cash in escrow is insufficient to pay a call. There have been no defaults to date in the EC-PCG program, through its three years of exposure.

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9. LGUGC will act as the Program Manager to review each of the proposed sub projects for compliance with national and Bank environmental and social safeguards requirements; and during implementation of the sub-loans, the compliance with the safeguards requirements will be monitored by the Project Monitoring Board.

C. Project Financing Guarantee Instrument 10. The instrument will be a stand-alone guarantee from the Clean Technology Fund of up to

$44-million.

Project Cost and Financing

11. Total project cost is estimated to be $787-million, the entirety of which is sourced from the private sector. Financing is sourced from commercial banks (senior debt) and ECs (equity) for the EC distribution network investments; and from commercial banks (senior debt), ECs (equity, in some cases), and private developers (equity) for renewable energy investments.

Table 1. PhRED Project Cost and Financing

Project Component Project cost* CTF Financing Counterpart and private

sector funding % IBRD Financing

1. Expansion of EC-PCG program

$500-million

$44-million (CTF

guarantee)

$360-million debt

(covered)

$70-million commercial

debt uncovered

$70-million equity

n/a

*Project cost is an estimate of the investment flow to electric cooperative and renewable energy investments that will be directly supported by EC-PCG over the ten year open commitment period of the CTF guarantee.

D. Areas of Influence 12. According to O.P.4.01 Annex A, the area of influence (AI) refers to the area likely to be

affected by the subproject, including all its ancillary aspects, such as power transmission corridors, pipelines, canals, tunnels, relocation and access roads, borrow and disposal areas, and construction camps, as well as unplanned developments induced by the project (e.g., spontaneous settlement, logging, or shifting agriculture along access roads).The area of influence may include, for example, (a) the watershed within which the project is located; (b)any affected estuary and coastal zone;(c)off-site areas required for resettlement or compensatory tracts;(d)the air shed(e.g., where airborne pollution such as smoke or dust may enter or leave the area of influence;(e)migratory routes of humans, wildlife, or fish, particularly where they relate to public health, economic activities, or environmental conservation; (f) areas used for livelihood activities(hunting, fishing, grazing, gathering, agriculture, etc.); or (g) religious or ceremonial purposes of a customary nature(Annex1- Guidelines on AI).

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E. Scope and Objectives of the ESSF 13. The over-all objective of the Environmental and Social Safeguards Framework is to guide

the implementing Electric Cooperatives, participating Renewable Energy Developers, and independent power providers, lending commercial private banks, and LGUGC, to adequately screen and address environmental and social impacts of the subproject thereby determining the appropriate environmental category. Further, it will provide guidelines in the planning, implementation and monitoring of mitigating measures to address adverse impacts.

14. The ESSF will establish the objectives, procedures, institutional framework, and implementation arrangements for identifying, managing and monitoring potential environmental and social impacts of the project activities. It will address mechanisms for public consultation and disclosure of project documents as well as redress of possible grievances, and includes guidance on rapid response to crises and emergencies in case this is needed during project implementation.

15. Specifically it will provide guidance on the following:

Screening of sub-projects and determination of Environmental Category and appropriate environmental assessment instruments as well as magnitude of social impacts and appropriate safeguards instruments to prepare.

Ensure management of their impacts and adequacy of environmental and social due diligence

The sub‐project proponents which include but are not limited to Electric

Cooperatives, Renewable Energy Developers and Independent Power Providers. They are required to prepare a simplified environmental assessment (EA), which includes social assessment i.e., an Initial Environmental Examination (IEE) Report or IEE checklist and Environmental Management Plan (EMP) populated by the Environment Codes of Practice (ECOPs) in accordance with PD1586 and DAO 03-30 and its Revised Procedural Manual and the World Bank Safeguard Policies, RAP and /or IPP. The proponents may tap financial institutions such as commercial banks and government financial institutions to fund these investments. The safeguard instruments shall be submitted to the DENR, DOE/ NEA, the corresponding Financial Institutions a n d the LGUGC. LGUGC shall then endorse these to the Bank for sub-projects requiring prior review for all others needing post-review.

Provide Environmental Codes of Practices (ECOPs) for each type of investment such as distribution, sub-transmission and sub-stations to manage potential impacts which are most likely to be construction-related and similar at different sites with small carbon foot prints.

Possible subprojects include: small scale construction, rehabilitation and extension of existing electricity distribution networks and sub-transmission lines (power towers, poles, and wiring) and substations (transformers and other electrical equipment), metering, IT systems or smart grid investments, renewable energy projects such as hydroelectric power, solar and wind biomass generation plants.

Define implementation responsibilities including monitoring and reporting arrangements for the LGUGC Project Monitoring Board (PMB), Electric Cooperatives and Bank supervision arrangements.

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Include an Indigenous Peoples Policy Framework which provides guidance on

engagements with affected adversely or positively IP communities especially in the

conduct and documentation of the Free, Prior and Informed Consent (FPIC) where

Indigenous Peoples communities are present. Include a Resettlement Policy Framework which provides guidance on the process

to be followed when private assets (land, buildings, trees, crops, etc.) are affected

adversely by the project.

II. E N V I R O N M E N T A L ANDSOCIALSAFEGUARDS ISSUES

16. Project siting, design, construction, operation and decommissioning of the subprojects create potential environmental issues described below. The project will fund small-scale subprojects whose potential environmental impacts are varying depending on the scale of the subproject but expected to be mostly moderate, temporary and localized. Examples of the subprojects are extension of electricity distribution networks, sub-transmission and substations; supply-side energy efficiency and renewable energy subprojects such as mini-hydroelectric power plants, biomass, solar power plants, and wind power plants; as well as non-network projects.

17. Land Resources. These include the following: inadequate buffer zones for protection of

adjacent properties or values; encroachment on precious ecology and historical and cultural values, land value and land use changes(loss of the ecological values of various resources in the land, depreciation of the value of the subject land and nearby land values), effect on the aesthetic value of the landscape, e.g., a transmission line may obstruct the view of the scenery, interference with other utilities and with traffic, blockage of access ways, un controlled silt runoff, top soil removal, erosion from exposed cuts and landslides due to clearing, civil works and earth moving activities during project construction, loss of land and permanent loss of vegetation and other sensitive ecosystems for areas occupied by the facilities and solid wastes. For biomass projects based on agricultural, forestry and organic wastes, there is the risk of the release of pathogens. Biomass projects based on energy crops might entail the use of pesticides and chemical fertilizers, the introduction of non- native species and the use of GMOs.

18. Water Resources and Conflict in Water use. Adverse impacts on water resources

especially specially in a climate change-affected regime for hydropower facilities include: water depletion, interference with drainage patterns, sedimentation or siltation of drainageorwaterwaysfromunconfinedstockpilesofsoilandothermaterials,discharge of pollutants, wastes (effluents) and spent chemicals or materials to water bodies, eutrophication and competition among various water uses.

19. Air. Most of these issues are construction-related such as increase in dust generation and

discharge of gaseous emissions to the air. 20. Biological and Wildlife Resources. Potential issues include: blockage of wildlife

passageways, especially migratory bird routes, obstruction of fish passages for valuable migratory species at dam sites, and disturbance or loss of wildlife within the influence area due to noise and other construction activities. For wind energy projects, the major issues are bird strikes and disturbance of bird routes.

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21. Noise.Noisegenerationduringtheconstructionandoperationphasescanaffectnearby

communities. 22. Electromagnetic interference (EMI). Electric and magnetic fields(EMF) are invisible lines

of force emitted by and surrounding any electrical device (e.g. power lines and electrical equipment).Electric fields are produced by voltage and increase in strength as the voltage increases. Electric field strength is measured in volts per meter(V/m). Magnetic fields result fromtheflowofelectriccurrentandincreaseinstrengthasthecurrentincreases.Magnetic fields are measured in units of gauss (G) or tesla (T),where1 T equals 10,000G. Electric power frequency EMF typically has a frequency in the range of 50–60Hertz (Hz), and is

considered Extremely Low Frequency (ELF) 1 standards on exposure to EMI are in Annex 2.

23. The limits above are expected to be met when the sub‐project proponents and their

contractors adhere to existing DOE, NPC and NEA standards. These limits maybe included in the performance specifications during project siting and design of sub-transmission and distribution lines.

24. Lessons learned from Rural Power Project (RPP) and Electric Cooperative System Loss Reduction Project (ECSLRP). Since this project will support the continuation of programs started by the Department of Energy with the just concluded RPP and of the LGUGC under the ECSLRP, it is important that the safeguards performance of both projects are reviewed to continue with the good practices institutionalized in the participating agencies as well strengthen the areas that need improvement. The Development Bank of the Philippines and LGUGC as implementing agencies and the ECs which are clients of the said projects have put in place adequate safeguards systems and project safeguards personnel in compliance with the ESSF of the said projects. However, there was little evidence available at their respective PMOs on a performance assessment on a regular basis to gauge the accuracy and certainty of the application of the EMPs, RAPs and IPPs. For the PhRED project, an annual audit of the safeguards performance of the project and sub-project proponents will be conducted by the Bank to validate the adequacy and quality of the environmental compliance monitoring reports.

1 I F C- WB Group. Environmental, Health, and Safety Guidelines for Electric Power Transmission and

Distribution, Washington, USA, April2007.

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B. Social Safeguards Issues

25. Losses caused by dam construction and land inundation. Construction of a mini hydropower dam across a river even with a height of 10 meters still creates impacts on land and people because of inundation. Impacts on land would mean loss of productive agricultural land, pasture land, and forestland. Impacts on people will mean probable loss of residences, because most rural households build their villages and residences along the banks of the river for access to water for domestic use and also for transport if there are no roads. Loss of land would mean loss of livelihood and income from farming, fishing, and other related incomes generated from the land loss and access to the river.

26. Competition in farming: for food vs. biomass for energy. Some biomass projects

require big areas of agricultural land to farm a specific crop that could produce fuel to be used for energy. Based on experiences from other countries, particularly in Africa and Latin America, farmers protest about biomass projects because it affects the crops they are planting. Instead of using agricultural land to produce food for the people, crops are produced to produce fuel for energy, thus lesser food are made available for people.

27. Legacy Issues. Rehabilitation, upgrading and improvement of power projects might have

legacy issues caused by previous projects. Uncompensated loss of land and other properties; land grabbing; unjust compensation; and forced removal/ relocation of people will need to be addressed by the project.

28. Inadequate Data of Indigenous Peoples Communities. There is no accurate census

and statistics of the Indigenous Peoples in the country. The Tribal Forum

est imated the population between 6.5 to 7.5 million people. This represents 12% to 16%

of the national population.In19

29. 93,the UNDP-ILOTSSI Mission reported the total population tobeabout12 to13 million

people or about 18% of the national population divided into 110 ethno-linguistic groups.

These ethnic/indigenous groups can be found throughout the country and most of them are

located in far flung areas or mountainous regions where building a mini hydropower dam is

most likely to be located/proposed. Conducting consultation meetings and getting a Free

and Prior Informed Consent will be a challenge for the proposed subproject.

30. Need of Recognition of Indigenous People’s Lands and Territories. There is a need

for indigenous peoples to increase their participation in development projects that affect their lands, territories and the resources they own and occupy so that these will be recognized, protected and respected by developers. Also, IPs when resettled outside of their territory, most often get confused and have difficulties adjusting to their new habitat even if the new territory is resource-rich because their social patterns, support systems and norms are affected and sometimes changed by the new habitat. Their difficulty of adjusting most often makes the poor and more vulnerable.

C. World Bank Safeguards Policies Triggered in the Project

31. The following Bank Safeguard Procedures will be triggered:

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• OP4.01Environmental Assessment: The environmental category of Financial Intermediary (FI)will apply. Individual sub-projects will be screened and assigned the appropriate environmental categorization and environmental due diligence(EDD)will be conducted in accordance with OP4.01.The most significant adverse direct impacts will be related to:(i)localized environmental and social impacts and potential site-specific damages due to construction activities (noise, safety, air pollution); (ii)management of the health and safety of workers during construction and operation; and (iii)interaction of workers with the local community. The ESSF prescribes the Environmental and Social Assessment instruments, Environmental Management Plans (EMP) and Environmental Codes of practice (ECOPs) and appropriate social safeguards instruments for subprojects. This also contains a Grievance Redress Mechanism. The ESSF describes detailed plans for mitigation, monitoring and reporting of all identified impacts and will address institutional responsibilities of the Borrower and sub‐project proponents as well as

the relevant policy and legal framework, financing, monitoring and reporting. The EMPs and ECOPs will be included in the bidding documents and the design and construction of the sub-projects, the details of which will be incorporated in the PhRED Project Operations Manual and project training to reflect lessons learned and previous implementation experiences.

• OP4.04NaturalHabitats: The project will not fund any sub-project proposed to be

located in critical natural habitat or will cause to convert or degrade such. This policy is triggered because by the nature of the proposed sub-projects, it is most likely that a number of them are located in places considered as natural habitats, as defined in this policy and in PD1586. Thus, all sub- project proposals will be screened for potential adverse impacts on natural habitats and necessary mitigation measures will be prepared as part of the sub-project specific EA and EMP. Adequate natural habitats conservation/protection measures will be spelled out in the ECOPs and incorporated in the EMP.

• OP 4.11. Physical Cultural Resources (PCR). PCRs include resources of archaeological, paleontological, historical, architectural, religious, aesthetic or other cultural significance. For this project, it is required that all construction activities will include mechanisms to address chance finds to avoid or mitigate adverse impacts on PCRs. The environmental assessments will confirm whether PCRs are affected and if there is any, the policy is triggered. Ways to address chance finds are elaborated more in Annex 4, Cultural Property and Protection Measures. These chance finds procedures shall form part of the Safeguard Procedures for Inclusion in the Technical specifications for Contractors which are discussed in detail in Annex 6.

• OP4.09 Pest Management. The policy will be triggered if the procurement and use

of pesticides will be involved in plantations for providing source materials or feedstock for biomass plants.

• OP4.37 Safety of Dams. The project is expected to finance only small dams, those fewer than15 meters in height, in relation with 1 to10MW, run-of-river mini-hydropower plants.TheOP4.37policyis triggered if a sub project involves the construction, rehabilitation or of a dam(for 15morhigher, specific requirements in this policy must be strictly followed) or a high hazard dam or a project which is dependent upon an existing dam. This policy also applies to water storage dams of mini-hydropower facilities or as impoundment dams for biomass plants.

• OP4.10 Indigenous Peoples. Particularly, where mini hydropower dams will be

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constructed across rivers which are mostly located in the highlands where there are probable indigenous and/or ethnic communities residing, this policy will be triggered. Construction of transmission lines may also adversely affect IPs when this is located within ancestral domains including areas used by IP communities for productive purposes.

• OP4.12 Involuntary Resettlement .Land acquisition and involuntary resettlement

are anticipated under the project where the sub-projects including the construction of a mini hydropower dam which may cause inundation of land currently used for agricultural production and/or residence. Expansion of transmission and distribution lines may cross private lands. Sub-projects will be screened for other land-related impacts (loss of structures and/or crops) and resettlement action plans will be developed and implemented as explained in the subsequent sections of this framework.

• Gender Issues will be addressed as a requirement of the Philippine Gender Law,

RA9710 and the World Bank Policy on Gender OP4.20.

• Community Health and Safety Guidelines of the International Finance Corporation (IFC)-World Bank Group will also be applied in the project and the subprojects.These shall be incorporated in the EMPs and the ECOPs.

III. LEGAL FRAMEWORK

A. Environmental Safeguards Legal Framework

The legal framework of the environmental safeguards are found in the following

Philippine laws and regulations and in the Bank’s policies-OP4.01on Environmental Assessment, OP4.04 on Natural Habitats,OP4.11on Physical Cultural Resources,OP4.09 on Pest Management and OP4.37 on Safety of Dams.

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Table2.Philippine Environmental Laws and Regulations

Environmental Law

Year

Pertinent Provisions

Presidential Decree No. 984

1976 Pollution Control Law. This declares a national policy to prevent, abate

and control pollution of water, air and land for the more effective utilization of the resources of this country. It revises Republic Act No. 3931.It modifies the Organizational structure of the National Pollution,

Control Commission (now, the DENR) to make it-more effective and efficient in the discharge of its functions and responsive to the demands of the times occasioned by the accelerative phase of the country's industrialization program.

Presidential Decree(PD) No. 1586

1978 Philippine Environmental Impact Statement (EIS)System. The law

requires the preparation of an environmental impact statement by all agencies and instrumentalities of the national government, including government owned or controlled corporations, as well as private corporations, firms and entities for every proposed project and undertaking which significantly affect the quality of the environment. It requires the environmental screening and categorization of projects based on their type, location, and scale of the proposed technology, sensitivity Of the project site and the nature and magnitude of the potential impacts.

Presidential Decree1505

1978 Amending Presidential Decree No. 260, As Amended, By Prohibiting the Unauthorized Modification,Alteration,RepairandDestructionofOriginalFeaturesof All National Shrines, Monuments, Landmarks and OtherImportantHistoricEdifices Presidential Proclamation

No. 2146 1981 Environmentally Critical Projects/Areas– This proclaims certain areas and

types of projects as environmentally critical and within the scope of the Environmental Impact Statement system established under Presidential Decree No. 1586

Republic Act 6969 1990 Toxic Substances and Hazardous and Nuclear Waste Control Act –

Regulations for the importation, manufacture, processing, handling, transport, sale, distribution, use and disposal of all unregulated chemical substances and mixtures, including the entry, transit, storage and disposal of hazardous and nuclear wastes.

Republic Act 7586 1992 National Integrated Protected Area System Act and its IRR– This pertains

to land use, right of park occupants and rights of IPs.

Republic Act 8345 1997 Agriculture and Fisheries Modernization Act – This refers to land use

restrictions of National Protected Areas for Agricultural and Agro-Industrial Development

Republic Act 8550 1998 The Philippine Fisheries Code – This covers fishery resources protection

and management, land use restrictions for tidal swamps, mangroves, marshes, foreshore lands and ponds suitable for fishery operations and prohibition of activities resulting in aquatic pollution.

Republic Act 8492 1998 National Museum Act – This covers the regulation of cultural properties

Republic Act 8749 and Department Administrative Order 81-2000 (replaces DAO 14-1993 DAO14A-1993)

1999 The Philippine Clean Air Act of 1999.

- Ambient air quality standards (replacing Department Administrative Order 14-1993)

- Emission standards(replacing Department Administrative Order 14-1993)

Republic Act 9003and IRR

2001 Ecological Solid Waste Management Act – This covers solid waste

management standards

Republic Act 9147

2001 Wildlife Resources Conservation and Protection Act – This covers:

- Conservation and protection of wildlife resources - Measures to protect endangered and threatened species of flora and fauna

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Republic Act 9275and Department Administrative Order10- 2005 (retains DAO 34-1990

DAO 35-1990)

2004 • The Philippine Clean Water Act of 2004

- Water quality guidelines(in Department Administrative Order 34-1990 as retained by Department Administrative Order10-2005)

- Effluent standards(in Department Administrative Order 35-1990 as retained by Department Administrative Order 10-2005)

- Waste water treatment facilities(in Department Administrative Order

10-2005)

B. Social Safeguards Legal Framework

32. The legal framework for the Social Safeguards of this Project covers Involuntary

Resettlement and Indigenous Peoples are based on: i) GOP laws and regulations; and ii) World Bank OP 4.12 Involuntary Resettlement and iii) OP 4.10 Indigenous Peoples.

Government of the Philippines(GOP) Regulations

33. This framework is anchored on the principle derived from the Bills of Rights of the

Constitution of the Republic of the Philippines, which states: In Article II, Section9, “Private property shall not be taken for public use without

just compensation.”

• In Article II, Section I, “No person shall be deprived of life, liberty, or property

without due process of law, nor shall any person be denied the equal protection of the laws.”

34. It shares the same concern for due process and the right to just compensation for

everybody. Adverse impacts by a subproject must be avoided or minimized, with the appropriate resettlement measures, and that DPs are given the opportunity to share project benefits with the rest of the population, are the guiding principles of this Framework.

35. Other relevant GOP laws and orders pertaining to land acquisition and compensation shall

be adopted and observed by the Subproject Proponent.

Table3..GOPLawsand Orders on Land Acquisition

Law/Order Provision Executive Order1035 (1985) Requires the conduct of:

• Feasibility Study

• Public Information Campaign

• Parcellary survey

• Assets inventory

Other features include

• Land acquisition, based on fair market value to be negotiated between owner and appraise,

Resettlement/ relocation of tenants, farmers and other occupants.

owner&appraiser

• Resettlement/relocationof tenants,farmers&other occupants• FinancialAssistancetodisplacedtenants,culturalminorities&settlersequivalenttotheaveragegrossharvestforthelast3 years&notless than

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Supreme Court Ruling(1987) • Defines just compensation a fair and full equivalent for the loss sustained, taking into account improvements, location, capabilities, etc.

• The value given by the appraiser can only serve as a guide for negotiation replace affected assets at current market price

DPWHDP142 (1995) • Aims to avoid unnecessary delays in civil works

• Inclusion of parcellary plans and cost estimates for ROW acquisition in detailed engineering stage.

• EO 1035 &MO 65 will still be followed in matters relating to the acquisition and compensation of private properties

RA 6389 • Providesfordisturbancecompensationtoagriculturalleasesequivalentto 4 times the average gross harvest inthelast5years.

RA7279,Urban Development and Housing Act of 1992

• Provides guidelines for resettlement of persons living in danger areas, e.g. riverbanks, shorelines, & water ways or areas where government infrastructure projects are about to be implemented. Guidelines cover the provision of basic services & facilities in resettlement sites, livelihood support, meaningful participation & adequate social preparation for the affected households, close coordination between sending & host LGUs, grievance redress and related aspects.

• Relocation involving court eviction cases shall be undertaken by the local

government, agencies involved within forty-five (45) days from service of notice of final judgment by the court.

• Informal settlers who built their house on or before the effectivity date

(March 28, 1992) are entitled to all benefits and considerations prescribedinthesaidact.Allthoseexemptedornotcoveredbythesaidactwill be dealt with accordingly.

RA 8368 (1997) • Repealed PD772 of1975 which penalized squatting and similar acts

• AllpendingcasesundertheprovisionsofPD772are consequently dismissed.

RA 8371 (1997) •

Protects&recognizedrightsofindigenousculturalcommunitiesontheirancestral lands. Commonly known as IPRA.

RA 8974 (2000) • Aims at ensuring that owners of real property acquired for NG

infrastructure projects are promptly paid just compensation. It alsoprovidesforthecompensationofaffectedimprovements&structuresat replacement cost without depreciation &inclusive of labor costs for reconstruction) & the arrangement of independent appraisers for a more accurate determination of the market values of lands and improvements. Section5providesfor standards in the determination of the fair market value of land:

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• Section 5. Standards for the Assessment for the Value of the Land

Subject of Expropriation Proceedings or Negotiated Sale–In order to facilitate the determination of just compensation, the court may consider, among other well-established factors, the following relevant standards:

i. The classification and use for which the property is suited; ii. The development cost for improving the land; iii. The value declared by the owners;

iv. The current selling price of similar lands in the vicinity; v. The reasonable disturbance compensation for the removal

and/or demolition of certain improvements on the land and for the value of improvements there on;

vi. The size, shape or location, tax declaration and zonal valuation

of the land; vii. The price of the land as manifested in the ocular findings, oral as

well as documentary evidence presented; and viii. Such facts and events as to enable the affected property

owners to have sufficient funds to acquire similarly-situated land of approximate area as those required from them by the government, and thereby rehabilitate themselves as early as possible.

CommonwealthAct141- Public Lands Act(1936)

1. Institutes classification &means of administration, expropriation and disposition of alienable lands of the public domain.

2.UnderSection112,landsawardedforFreePatentare“subjecttoaright-of-way not exceeding sixty (60) meters in width for public highways, railroads, irrigation ditches, aqueducts, telegraph and telephone lines and similar works as the Government or any public or quasi-public service or enterprise, including mining or forest concessionaires, may reasonably require for carrying on their business ,with damages for the improvements only.”

NCIP Administrative Order No.3Seriesof 2002

3. Stipulates the processes necessary for securing FPIC from IP communities.

NCIP Administrative Order No.1Seriesof 2006

4. ThisrepealsNCIPA.O.No.3Seriesof 2002andinstitutesanewset of FPIC Guidelines making a distinction between the certification precondition and the certificate of non-overlap.

5. The certification precondition refers to compliance issued by NCIP at testing that the applicant has complied with the requirements for securing the affected IPs/ICC’s FPIC while the certificate of non-overlap refers to the certificate issued by the concerned Regional Director of the NCIP attesting to the fact that the area affected by a particular plan, program, projector activity does not overlap with any ancestral domain. Both certificates are issued by the Regional Director.

Indigenous Peoples Legal Framework 36. The Philippines is recognized for its progressive policy and legal support for Indigenous

Peoples rights. It has supported various international agreements and conventions to protect the rights and culture of IPs, among them: Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities; United Nations Draft Universal Declaration on the Rights of Indigenous Peoples.

37. The 1987 Constitution, laid the foundation for the recognition of the rights of the IPs to

their ancestral domains and their power of dominion over their lands and resources. Among its pertinent provisions are:

a) Section 17, Art. XIV: “customary laws governing property rights or relations shall be

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applied in determining the ownership and extent of ancestral domains; and b) Section22, Art. II, Section5, Art. XII: “…the rights of indigenous peoples to natural

resources pertaining to their lands shall be specially safeguarded…” These rights include the right of the IPs to participate in the use, management and conservation of natural resources.

c) The right to stay in their territory and not be removed there from except when

relocation is necessary as an exceptional measure, as in the case of an ecological disaster or armed conflict. IPs have the right to return to their territories once the grounds for relocation ceases.

38. Before the legal basis for the IPs was laid by the tenth Congress, the rights of

Indigenous Cultural Communities/Peoples were included in the Social Reform Agenda in the early 1990’s. The initial task of recognizing and establishing ancestral domain claims was given to the DENR (DAO No.2 Series of 1993), since most of the lands under consideration are part of public land domain. Congress passed Republic Act No. 8371, the Indigenous Peoples Rights Act of 1997. The law states certain requirements in act ivit ies and programs affect ing Indigenous Peoples. Some relevant provisions include:

1. Chapter III, Section 7b: “…IPs have the right to an informed and

intelligent participation in the formation and implementation of any project, government or private that will impact on their ancestral domain…”

2. Chapter IV, Section16: “... IPs have the right to participate in decision

making in all matters which may affect their rights, live and destinies, through procedures determined by them as well as to maintain and develop their own indigenous political structures...

” 39. Under this law, IPs are vested with the right to self–governance and empowerment. This is

operationalized through the mechanism of Free and Prior Informed Consent (FPIC).The NCIP is mandated to ensure that IP rights and concerns are protected and advanced in projects that are proposed affecting their ancestral domains.

40. Pursuant to Section 80 of the IPRA law, some relevant implementing rules and regulations

are used for guidance:

a) Rule 3, Part II Sec.4 (a, b, c), Right to stay in territories and not to be displaced there. The rights of ICCs/IPs to stay in their territories shall remain inviolate. No ICCs/IPs shall be relocated without their free and prior informed consent or through any means other than eminent domain.

b) All persons or entities allowed under the Act to participate in land development,

utilization, exploitation, and extraction of natural resources, and government offices or agencies allowed to undertake or implement infrastructure projects within ancestral lands/domains, shall submit to the NCIP, through the concerned Regional Office, a culture-sensitive Environmental Conservation and Protection Program (ECPP) stating in detail the environmental impact of such activities or projects proposed, control and rehabilitation measures and financial resource allocations therefore, implementation schedules, compliance guarantees and evaluation and monitoring schemes (Rule3,Part IISec6(b).

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c) Rule 4, Part 3, Sec 7 (a, b, c), Development and Cultural Activities Subject to Free and

Prior Informed Consent (FPIC). Policies, programs, projects, plans and activities subject to free and prior informed consent shall include but not limited to the following:

Exploration, development, exploitation and utilization of natural resources within ancestral domains/lands;

Research in indigenous knowledge, systems and practices related to agriculture, forestry, watershed and resource management systems;

Displacement and Relocation

Philippine Gender Law(RA9710) 41. The Magna Carta of Women consolidated and greatly expanded national polices for

supporting women’s social, political, and economic rights. Specific developments include the creation of a gender ombudsman under the Commission on Human Rights responsible for women’s rights concerns. The Magna Carta of Women demands repeal of laws discriminatory to women; ensures women’s equitable participation and representation in government, political parties, international bodies, civil service, and the private sector; affords equal opportunities to women in relation to education, employment, livelihood, social protection, and themilitary; and mandates access to information and services pertaining to women’s health.

42. GOP and WB Policies, and Framework for PHRED. Where there is a discrepancy in the resettlement and compensation standards of the existing laws in the Philippines and of the standards of the WB, the Subproject Proponent will comply with whichever is the higher standard.

IV. PROJECT PROCESS GUIDELINE

A. LGUGC Expanded EC -PCG Modified Program Process Flow

43. Annex 3 shows the ent i r e deta i led LGUGC Expanded EC-PCG Modified Process

Flow from Steps 1 to 12.The ESSF steps have been built-into the existing EC-PCG process, in order to strengthen safeguards implementation, supervision and monitoring. Annex3 steps I and II show the EC board orientation on the EC-PCG Program. Then the EC board adopts a resolution to participate in the EC-PCG Program. The EC submits its board resolution and other required documents to the LGUGC. This can be done simultaneously with the EC’s application for ERC approval.

44. Table4 shows the ESSF process steps as it coincides with the LGUGC EC-PCG Project Process Steps. Figure 1 shows specific steps in the EC-PCG process that the ESSF safeguards requirements should be prepared and submitted.

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Table 4. ESSF Process Steps in Relation to the Sub-project proponent, and the Expanded LGUGC EC-PCG Modified Project Process Flowcharts

ESSF Process Steps LGUGC Expanded EC-PCG Modified

Program Process Steps(relevant steps requiring ESSF inputs)

Step 1

‐Safeguards Screening and Scoping Step III – Technical and Financial Due Diligence

Step 2

- Impact Assessment and Development of

Environmental Management Plan.

Mitigating Measures and ECOPs

- Public Consultation and Information

Disclosure

- Review and Clearance of Environmental

and Social Safeguards Documents

Step IV – Report Writing

Step 3

- Safeguards Implementation

- Supervision, Monitoring and Reporting

Step XI – Project Implementation

Step XII – Supervision, Monitoring and Reporting

Institutional Arrangements and Capacity Building

All phases of the project

45. EC-PCG Process Step III with ESSF Process Step 1. The EC prepares its 10 year investments master plan (Integrated Computerized Planning Model – ICMP) and submits this to the National Electrification Administration (NEA) for approval. Then, it

prioritizes its 1st to 3rd.Year CAPEX components. Afterwards, the EC conduct local

consultations with stakeholders (LGUs, communities, concerned government agencies and private entities) in its franchise area. The ESSF Safeguards screening and scoping step is done in step III. Screening and scoping activities will be done during the consultations to determine if the proposed subproject is covered by PD 1586, the terms of reference of the EIA study, the area of influence and the required safeguard documents in accordance with the ESSF. If there is in i t ia l acceptance of the project among the communities concerned, particularly affected Indigenous Peoples, the EC prepares the required documents such as the Feasibility Study and Safeguard documents such as EIA Study or Initial Environmental Examination, an Environmental Management Plan, Resettlement Action Plan and IP Plan. (See Annex 3 for the entire PhRED LGUGC Expanded EC-PCG Program Process Flow)..

46. EC-PCG Process Step III to IV with ESSF Process Step2.The sub-project proponent

submits the required documents to secure relevant government permits including its application for an Environmental Compliance Certificate (ECC) from the DENR and other clearances from the DOE / NEA, DPWH. Proof of NCIP facilitated Free and Prior Informed Consent and local government units. The ESSF step on Impact Assessment a n d

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Environmental Management Plan, Mitigating Measures and ECOPs are done in step IV. Further, after the EC has obtained the clearances from the various government agencies, it files its application with the Energy Regulatory Commission (ERC), together with the supporting documents, such as the ECC and the Certificate of Compliance or Certificate of Non Coverage from NCIP other clearances. In many instances, the EC simultaneously notifies the LGUGC about its participation in the EC-PCG program and provides the LGUGC with a copy of the documents that it submitted to the ERC as well as other LGUGC requirements. This is to enable the LGUGC to start reviewing the documents in order to facilitate the process of obtaining financing and a partial guarantee for the subproject. The LGUGC risk management officer or technical consultant reviews the project proposal together with the approved clearances as well its compliance to the ESSF. For Renewable Energy (RE) projects, the review is conducted by the NEA RE expert. The Energy Regulatory Commission (ERC) conducts a review and evaluation of the subproject proposal. If there are no problems with the subproject proposal and the required clearances have been compiled with, ERC approves the subproject and issues a corresponding ERC clearance. (See Annex 3 –PhRED LGUGC Expanded EC-PCG Program Modified Process Flow).

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Fig.1.Relevant LGUGC Expanded EC-PCG M o d i f i e d Program Process Steps where ESSF

Process Step procedures coincide which the sub-project proponent needs to comply with to fulfill safeguard requirements

Snapshot of LGUGC Process Steps relevant to ESSF (Steps III, IV, XI and XII)

For RE projects, the NEA RE expert also participates in both Steps III and IV.

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47. ESSF Process Step3 in EC-PCG Process Step XI to XII. The subprojects undergo the

LGUGC-EC-PCG process until they obtain an LGUGC approval for financing guarantee. The entire detailed modified EC-PCG process flow is in Annex 3.Table 4 shows where the ESSF steps on Safeguards Screening, Impact Assessment and Environmental Management Plan. Mitigating Measures and ECOPs, Public Consultation and Information Disclosure, Review and Clearance of Environmental and Social Safeguards Documents, Safeguards Implementation and Supervision, Monitoring and Reporting are embedded in the LGUGC-ECPCG process flow. The Project Monitoring Board (PMB) composed of the LGUGC, DOE, NEA, LGUGC and the representative of the lending bank will monitor project implementationand compliance of the environmental and social safeguards requirements.

There are instances when Steps 1 to 3may be done in a parallel time table rather than sequentially

during the sub-project proposal application process.

B. Environmental Safeguards 48. The PhRED project has been categorized as a Financial Intermediary (FI) as per the

Bank’s classification. Under the FI category, it is possible to have sub‐projects

belonging to environmental categories A, B, and Casper Bank’s classification. The procedures outlined for each of these types of environmental categories will be followed by the LGUGC, the sub‐project proponents (electric cooperatives, RE developers and

IPPs) and their contractors. The following environmental categories and the required safeguard documents are shown in Table 5.

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Table5.EnvironmentalCategorizationofProjectsandRequired Safeguard Documents*

World Bank LGUGC DENR

Category A: EIA with anEnvironmental Contingency Plan and an EMP prepared in accordance with Bank requirements, the terms of reference for which can be found in Annex A of the Bank Policy OP/BP 4.01.

-All bidding documents will include a standard contract clause for implementing and reporting compliance to the EMP, occupational health and safety protection measures and chance finds of physical cultural resources.

- The sub‐project proponent

will setup an Environmental Guarantee Fund (EGF)in agreement with DENR.

- EGF committee shall be formed to manage the Fund and shall be composed of representatives of DENR, affected communities, concerned LGUs and relevant government agencies identified by DENR.

Category A Projects with potential significant adverse environmental impacts

Energy projects such as power plants and power barges fall under Category A

- Automatically endorse to

LGUGC PMO to undergo review procedure.

DENR DAO 2003-30: Non-environmentally critical projects (ECPs) in environmental critical areas (ECAs) 1) Hydropower facilities with

total power production capacity(TPPC) of ≥5MW but <30MW require an IEER or IEEC; <5MW run- of-river system requires a PDR

2) Small Power Plants with TPPC of ≤ 1MW unless specified below require a PDR

3) Renewable energy projects, e.g., solar, wind with TPPC of ≥100MW– EIS; ≥ 5MW but <100MW require an IEER or IEEC and< 5MW require a PDR

4) Waste to energy projects including biogas and biomass projects with TPPC of ≥ 50.0MW requires an EIS; if> 1MW but<50MW –IEER or IEEC and ≤1MW requires a PDR

5) Wind farms/Wind projects with TPPC of ≥ 5MW but <100MW require an IEER or IEEC; if<5MW,only a PDR is required

Category B - Required: EIA or an IEE Report or checklist and an EMP (as per the Bank policy).

- The specific EMP and standard environmental codes of practices, including coverage

of how-to handle chance‐finds of physical cultural resources,

Category B

Projects judged to have some adverse environmental impacts but of lesser significance than those of category A, and mitigation measures can readily be designed

- Maybe endorsed to project

staff for further review. ItassessmentbutPD

Non-environmentally critical projects (ECPs) in environmental critical areas (ECAs)

1)Power transmission lines with

a power carrying capacity of ≥ 138 KV require an Initial

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World Bank LGUGC** DENR

will be included in all construction contracts/bidding documents.

It shall be decided whether the endorsed Category B projects need to be subjected to project review procedure using a Rapid Environmental Assessment (REA).

Environmenta lExamination Report( IEER) or IEE Checklist (IEEC)

2)Substations/switchyard with a

power output of > 220kV require an IEER or IEEC; but if ≤ 220kV,only a project description report(PDR) is required.

Category C -Projected minimal impacts on the environment. - Requirea Project description and an EMP depending on the size and nature of their activities and will need to comply with the regulatory requirement for registration.

Category C - Projects unlikely to have

adverse environmental impacts

- Does not need to undergo

further environmental assessments but shall need to comply with required environmental management plans, environmental permits and clearances such as discharge permits, ECC, etc.

Non-ECPS in non-ECAs.

PDR required for Enhancement and Mitigation Projects as basis for confirmation of benign nature of proposed activity, and CNC required. All other projects shall be at the option of the Proponent to prepare a PDR as basis for a CNC, should the Proponent opt to secure one.

*The LGUGC will follow the World Bank and the DENR environmental categorization of projects since it does not yet have its own project categorization.

49. The project process flow shall be consistent with PD 1586 or the Philippine EIS System

and other environmental laws, the World Bank’s environmental policies and the LGUGC Revised Portfolio Risk Management Manual used in the EC-PCG. The LGUGC Manual stipulates that environmental due diligence in evaluating subprojects for funding should begin at the earliest possible time to ensure that these are environmentally sound and that any potential environmental impacts and liabilities are recognized early in project design.

ESSF Process Flow 50. ESSF Step1 – Safeguards Screening and Scoping. In step III of the EC-PCG Program

Process Flow (Annex3), the LGUGC conducts technical and financial due diligence, which includes ESSF screening and scoping. The LGUGC Risk Management Officer or a contracted third party expert or consultant or NEA RE expert for RE projects performs this task using the PhRED ESSF, which incorporates the Bank’s environmental policy and the DENR’s policies. Subprojects under the Bank’s Category B or C and the DENR project category of non-critical projects in critical areas which require an Initial Environmental Examination Report (IEER) or IEE Checklist (IEEC) or a project description report (PDR). The EC sub‐project proponent is responsible for the

preparation of the IEER or IEEC for its subproject as a requirement for DENR and the LGUGC credit guarantee. The IEE identifies the potential environmental impacts of each subproject and includes an Environmental Management Plan (EMP) (See Annex 6 for EMP template). The IEER or IEEC may be developed into a full-blown Environmental Impact Statement (EIS) study should the IEE generate insufficient information necessary for the issuance of an ECC.

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51. ESSF Step1-Impact Assessment and Development of Environmental Management

Plan, Mitigating Measures and Environment Codes of Practice (ECOPs), RAPs and IPP. This is incorporated in the EC-PCG Process Flow steps III to IV, which are done by the LGUGC Risk Management Officer or consultant or NEA RE expert for RE projects (See Annex 6 for ECOPs).

52. ESSF Step 2- Public Consultation and Information Disclosure. Public hearings,

consultations and information disclosure are incorporated in the EC-PCG Program Process Flow steps III (on technical and financial due diligence)and IV (report writing), and in IX (EC board, Accredited Financial Institution Board review and prior to approval of the Loan Agreement and Guarantee Agreement). Guidelines on Public Hearings and Consultations are in the DENR DAO 03-30 Revised Procedural Manual Annexes 2-26 and 2-27 (www.emb.gov.ph).

53. ESSF Step2- Review and Clearance of Environmental Safeguards Documents. This

step is incorporated in the EC-PCG Program Process Flow Steps III to IV, after the screening, impact assessment, development of EMP, mitigating measures and ECOPs of the subprojects and the preparation of the required safeguard documents. This shall also involve the review of RAPs and /or IP Plan when the sub project triggers the policy.

54. ESSF Step3- Safeguards Implementation. This is included in the EC-PCG Program

Process Flow Step XI (Drawdown, Project Implementation and Safeguards Implementation). The individual ECs are responsible for safeguards implementation and supervision in their subprojects including their contractors in accordance with the ESSF. The EMP and ECOPs shall be included in the Technical Specifications for Contracts (Annex 7 – Safeguards Procedures for Inclusion in the Technical Specifications for Contracts: General ECOPs).

55. ESSF Step 3 – Supervision, Monitoring and Reporting. Guided by the ESSF, the LGUGC Project Monitoring Board (PMB) shall conduct the supervision and monitoring of project implementation including environment and social safeguards, budget, loan and guarantee performance and fiduciary aspects. The ECC conditionalities, the EMPs and ECOPs, RAPs and IPPs of the subprojects provide the basis for the comprehensive monitoring and evaluation of the potential environmental impacts of

the project throughout the entire project cycle. The EC sub‐project proponent is to report the progress of its compliance to these safeguard documents as well as the monitoring of the actual energy and carbon emissions savings achieved by the sub-project to the LGUGC PMB which would, in turn, report these to the Bank for evaluation and appropriate action. The EC is to provide a copy of its DENR Self-Monitoring Reports (SMRs) to the LGUGC PMB. The members of the PMB consist of representatives of the LGUGC as the guarantor, the sub‐project proponent or the EC, the lending bank, NEA, DOE and other concerned government agencies. Each PMB member-agency and EC

sub‐project proponent shall allot adequate budget for supervision, monitoring and reporting activities. Based on inputs from the sub-project proponents, the LGUGC PMB shall submit to the Bank semi-annually, Social and Environmental Compliance Report (SECR) that will state how the Bank’s policies are being met and what corrective actions, if any, are being taken including but not limited to seeking the intervention of appropriate authorities for insufficient compliance. It is understood that compliance by financial and subproject proponents promotes the long term sustainability of the subproject.

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56. To facilitate the screening process required by the WB Social Safeguards, it is recommended that the Initial Assessment Checklist for Land, Persons and Assets Affected (See Annex 14) be used in conducting initial assessment to determine potential social impacts of the proposed Sub-project

57. To determine presence IPs and Ancestral Domains in project site, use the NCIP Ancestral Domain Information System (ADIS) available at the following website: http://202.57.46.78/adis/Public/default.aspx

58. If there is indication of p u b l i c p r o j e c t acceptance the sub-project proponent starts

preparing required documents such as the Feasibility Study, Environmental Assessment instrument, Resettlement Action Plan, Environmental Management Plan with ECoPs. These documents are prepared to obtain project clearance from DENR, DOE, DPWH. If IPs and or ancestral domains are present the project locations then the proponent coordinated with NCIP for the FPIC process.

59. After completing the Initial Assessment Checklist for Land, Persons and Assets

Affected, the data should be reviewed to determine project category and the required social safeguards documents to be prepared. See Annex15 for Project Category and Required Social Safeguards Documents.

60. For subprojects affecting 200 or more persons, a full resettlement action plan must be

prepared. For subprojects with affecting less than 200 persons, an abbreviated resettlement action p lan must be prepared. See Annex 16 for Guidel ines and Out l ine of a Ful l Resettlement Action Plan and Annex 17 for an Abbreviated Resettlement Action Plan.

Review and Clearance/Approval 61. Once the clearances have been obtained from the various government agencies, the

EC files their application with the Energy Regulatory Commission with the clearances attached to their application. While the EC have filed their application to ERC, simultaneously, the EC will notify LGUGC about their application and provide them a copy of the clearances and project documents for advance reviewing to hasten the process. LGUGC hires a technical consultant to review the project proposal together with the approved clearances.

62. ERC conducts its own review and evaluation of the project proposal. If there are no

problems with the project proposal and the required clearances have been compiled with, ERC issues a Decision on Capital Expenditures of the Project. Based on EC experiences, from filing of application with ERC until approval of ERC, the processing time is 8 months to 18months. For RE projects, it is the NEA RE expert that conducts the technical review.

Implementation, Monitoring and Evaluation

63. Once the project is approved by ERC, the EC secures financing from a private bank of their choice. Simultaneously, LGUGC approves financing guarantee.

64. A Project Monitoring Board(PMB),composed of DOE, NEA, LGUGC and the

representative of the lending bank, will monitor project implementation and compliance of the environmental and social safeguards requirements.

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Operational Guidelines on Involuntary Resettlement after 65. The LTA will do the screening of impacts on involuntary resettlement on the basis of the

project’s possible architectural and engineering design taking into consideration that involuntary taking of land or any form of economic displacement must be avoided where feasible or minimized by exploring all alternative subproject designs. Selection of final design takes into consideration the least number of affected persons. The Checklist for the LARF is found in the Annexes of Attachment 3. Using this, the magnitude of impact, types of affected land and required safeguards instruments are determined. Its formulation should be done in a participatory manner starting with meetings with village mayors who will help in seeking participation of landowners including Matais. The regional staff will review and clear all Full RAPs (more than 200 persons affected) and the first 3 abbreviated RAPs. Implementation is done with MNRE Land Management Office. All compensation shall be paid a month prior to the commencement of civil works in the particular project component.

The objective of the policy on Involuntary resettlement is to provide guidance in assisting displaced persons in their efforts to improve or at least restore their incomes and standards of living after displacement caused by the subproject. The PhRED Land Acquisition, Resettlement and Rehabilitation Policy Framework is found in the Annex for specific guidance.

I t c ove r s Displaced persons(DPs) also referred to as project affected persons(PAPs)found to be residing in, doing business in, or cultivating land, or having rights over resources within the project area as of cut-off date (e.g., date of start of census surveys). They are eligible for compensation for lost assets(i.e., land, structure and other fixed assets) and for other assistance. DPs will be compensated for land, based on their tenure status, e.g. legitimate owner, lessee, etc. Proof of ownership shall include full title, tax declaration of settlers in public land, possessory rights or usufruct, ancestral land claims, among others. However, in cases where a tax declaration over assets that are inalienable or those that cannot be titled as prescribed by law (e.g. river easement, forest reserve) is the only proof of ownership, only structures and other improvements found therein should be compensated.

The Subproject Proponent shall compensate the DPs for land, structures and other

fixed assets at “replacement cost”. Entitlements and compensation for the types of loss shall be guided by the

Compensation and Entitlement Table found in Annex 19. Rehabilitation support will also be granted to severely affected vulnerable groups such

indigenous groups, single parent households, the handicapped, the elderly, etc. who have the least capacity to cope with the adverse social and economic impacts of development projects.

For married couples, payment of compensation and other entitlements (i.e., financial

assistance and rehabilitation support) will be given in the names of both husband and wife.

Where relocation is considered necessary, the lot owner of the proposed relocation site

will also be entitled to compensation for his/her land, and depending on his/her choice,

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the compensation maybe in cash or in the form of replacement land, of the same value, within or outside the relocation site.

The Subproject Proponent shall provide the relocation site for residential or commercial purposes with such basic services as electricity, water, drainage ,sewer system, road and transport system, etc.

Plans for the acquisition of land and other assets will be carried out in consultation with

the DPs who will receive prior information on the compensation, relocation, and other assistance available to them.

Any acquisition of, or restriction on access to resources owned or managed by DPs as

a common property, e.g. communal forest, communal farm, or communal fishing ground, will be mitigated to ensure access of those DPs to equivalent resources on a continuing basis, where feasible, or other alternative measures to be determined in consultation with the DPs.

The sub‐project proponent prepares RAP to include adequate institutional

arrangements to ensure effective and timely design, planning, consultation and implementation of compensation and resettlement. The Subproject Proponent will ensure effective coordination with relevant agencies for the RP preparation and implementation.

The resettlement transition period will be minimized and the acquisition of assets,

compensation, resettlement and rehabilitation for a segment/section or phase (except where long-term rehabilitation measures such as vocational training recommended) will be completed at least one (1) month prior to the initiation of the preparation for construction work under the respective segment/section or phase thereof.

Technically, all informal settlers found to beat the subproject site at the time of the

census will be entitled to a specific compensation depending on the laws and standards being enforced at the beginning of the subproject. All possible means to alleviate the DPs will be exhausted to restore if not improve their level of living to the pre-resettlement level.

Operational Guidelines on Indigenous Peoples Engagement

The objectives of the IP Policy are to avoid or reduce the adverse impacts of the project and ensure that the IPs will benefit from the project equally to the mainstream society in the way that is acceptable to their culture. It shall include activities and measures mitigating the adverse effects and relevant modification of project design or project development assistance. In case of land acquisition, the project shall ensure that the IPs right to free and prior informed consent is done in a manner that is culturally sensitive. The PHRED IP Policy is found in the Annex for more detailed guidance.

Preliminary Screening.

The objective of screening is to identify whether indigenous peoples are present in the project’s area of influence and if so to collect necessary information on the ways the Project may affect the way of life of the ethnic communities. Based on preliminary design, the project proponent will screen population statistics of the project’s influence area. Initial discussions are held with the local communities to collect the following

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Information:

• Names of ethnic group(s) affected by the project

• Population of indigenous peoples in project community/is

• Number and ratio of the IPs living along the project’s influence area. The sub‐project proponent shall refer to the website of the National Commissionon

Indigenous Peoples which recently has included the Ancestral Domain Information System (ADIS) to initially determine if IPs are present in the location and influence of the specific Subproject. ADIS website: http://202.57.46.78/adis/Public/default.aspx

Free and Prior Informed Consent In getting the FPIC of indigenous peoples, the following principles should govern:

• Respect. The rights of Indigenous people to own and control their resources and

cultures should be respected. Indigenous world views, lifestyles and customary laws (such as the Laws of the Bodong) on resource management should be respected in contemporary

• Consultation, Communication and Consent. This shall be shall be based on honest

disclosure of plans and impacts to affected tribes and their/or their ADs done in a culturally sensitive manner using the local language of the IPs with provisions for gender and intergenerational responsiveness.

• IP Participation in Development, Monitoring and Evaluation of Mitigation Measures.

IPs must be given the mechanisms for participation in decision making.

• Sharing of Benefits. Indigenous people have the right to be paid for their assets that

will be displaced because of the project in a value acceptable to them.

Indigenous Peoples Plan (IPP) Where IPs are present, an Indigenous Peoples’ Plan must be prepared. The outline of the

IPP is presented below:

• Legal and institutional framework applicable to the affected IP group (their laws

and rituals)

• Summary of the Social Assessment

• Summary and proof of the consultations conducted

• Information on Land use

• Strategy for consultation with and participation of the IPs during project

construction and operations. The Action Plan should indicate particular activities and measures to ensure that IPs socially and economically benefitted from the project in a culturally acceptable way.

• Action plan with mitigating measures for adverse impacts

• Grievance and redress mechanism

• Mechanism for monitoring and evaluation

• Cost and budget for IPP

V. PUBLIC CONSULTATION, PARTICIPATION AND DISCLOSURE

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Information disclosure and public consultation are important and necessary in sub- project preparation and implementation. These enable sub-project affected people and other stakeholders to participate in and contribute to the sub-project planning and implementation, and thereby help minimize adverse impacts and maximize sub-project benefits. The level of public consultation and the scope of information dissemination will be commensurate with the environmental category of the sub-project and the significance of the social impacts.

This ESSF was subjected to public consultation to key project stakeholders on May 16,

2013 in a public place in Makati City organized by LGUGC. The key stakeholders that attended the Public Consultation are: representatives of ECs, Renewable Energy Developer, DOE, NEA, a n d s e v e r a l c o m m e r c i a l private banks likely to invest in the energy sector, World Bank and other civil society groups. The documentation of the ESSF public consultation is presented in the Annex.

For Category A projects, the sub‐project proponent shall consult with these groups at

least twice, i.e., (a) shortly after environmental screening and before the terms of reference for the EA are finalized; and (b) after the draft EA report is prepared. In addition, the sub‐project proponent consults with such groups throughout project

implementation as necessary to address EA-related issues that affect them. The Guidelines for Public Hearings in connection with the EIA Report of the sub‐project

proponents are contained in the DENR Administrative Order (DAO) 03-30 Revised Procedural Manual Annex 2-26 and 2-27(www.emb.gov.ph). For a public hearing, the publication of the notice of the public hearing in any newspaper of general circulation is required. A public consultation does not require the publication of such notice.

Public consultation and participation ensures project acceptability and fosters good

community relationship between the community, community leaders and the Sub- project proponents. Information provided will include: the purpose, nature and scale of the project; and the duration of the proposed activities and of any potential impacts on the community. Documentation is the responsibility of the subproject proponent which will provide updates and feedbacks to the community, as needed, on the project activity. Public consultation and information dissemination on key aspects of resettlement will be carried out as a continuous activity throughout the planning and implementation phase of the subprojects.

C. Disclosure

Environmental and social safeguard information to be disclosed will include, at a minimum: sub-project information, impacts, and proposed mitigation measures. Disclosure could be done through community meetings, posters, booklets, newspapers, and the internet sites of LGUGC and the WB Info shop. Local disclosure of information should be targeted, at a minimum, to directly affected communities (including project-related workforce, where applicable). The LGUGC and the sub‐project proponents

(ECs) will be responsible for the making the information publicly available. Public disclosure of documentation shall be in accordance with the disclosure policies of the World Bank, and LGUGC.

Documents to be disclosed include the ESSF, Comprehensive Environment

Assessment which includes social assessment, EMP, RAP or ARAP A key minimum requirement that should be taken into account when determining timing

of local disclosure in all cases is: if local disclosure has not already taken place at the

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time of the involvement of the sub‐project proponent or subproject proponent; the

sub‐project proponent should commence local disclosure activities as early as possible.

VI. GENDER DEVELOPMENT

The PhRED project is gender neutral. Both women and men are involved in its

development and as beneficiaries as far as Electric Cooperatives are concerned. ECs through their Institutional services Department have a program on consumer empowerment. Districts are organized to form a Multi-Sectoral Electrification Advisory Council (MSEAC) representing 10 sectors of society. These are: 1.) Women’s group; 2.) LGU; 3.) Education; 4.) Agro-fisheries; 5.) Religious; 6.) Business; 7.) Youth; 8.) Civic; 9.) Media; and10.) Barangay council.

The role of the MSEAC is to provide the network for active participation and solidarity of

consumer-members. They assist the EC in conducting interactive gatherings with member consumers to evoke positive action on various programs of the EC.

VII. INSTITUTIONAL ARRANGEMENTS AND CAPACITY BUILDING

The implementing agencies will be LGUGC and the Department of Energy. LGU

Guarantee Corporation is a private entity owned by the Philippines Banker’s Association, the Development Bank of the Philippines and Asian Development Bank. LGUGC will continue in its role, under contract to the Department of Energy, as the project manager of the Electric Cooperatives - Partial Credit Guarantee (EC-PCG) program. IBRD, on behalf of CTF, will have a project agreement with LGUGC. EC-PCG is a Department of Energy program and IBRD will have an implementation support agreement with DOE as well. The Guarantee Agreement will be between LGUGC and its AFIs. The Electric Cooperatives are the sub- project proponents and implementers. The following GOP institutions–DENR, DOE, NEA, ERC, and NCIP- have regulatory oversight to ensure that the project is compliant with relevant national laws and regulations. A brief description of these institutions together with their roles and responsibilities in planning and implementation of sub-projects are presented below

It is the responsibility of the sub‐project proponent to prepare and carry out the

necessary safeguards instruments required by the ESSF, and to obtain the environmental clearances for each sub-project before starting the construction. Sound environmental practices have to be incorporated into the sub-project design and implementation, and potential negative impacts will have to be mitigated to acceptable levels/standards. The sub‐project proponents are responsible for the quality and

accuracy of the information in the EA document, as well as the transmission of the EA documents to DENR. The Procedural Manual of DENR DAO 2003-30 provides the requirements for obtaining an Environmental Compliance Certificate (ECC)or a Certificate of Non-Coverage (CNC). Sub-projects and the safeguard documents under the PhRED project are summarized inTable5.

Specifically for Social Safeguards, a review will be undertaken by the LGUGC to determine compliance to this framework. The World Bank will review all subprojects requiring a full Resettlement Plan and IP Plan. For projects requiring ARAP, only the first three (3) subprojects will be reviewed.

LGUGC will manage this project and will guarantee the funds needed by the ECs for

32

the improvement of the transmission and distribution facilities and structures, supply-side energy efficiency and renewable energy investments.

LGUGC has been providing guarantee funds to LGUs for water supply projects and small infrastructure projects such as markets, bus terminals, and slaughter houses and to Electric Cooperatives for improvements of the transmission and distribution lines. Their portfolio covers around Php 3.6 billion, wherein 1 billion php is for energy projects.

LGUGC has a total permanent staff of 15 persons including the President, and 10

contractual staff. Under the President are 3 units that will all be involved in the PHRED project:

• The Operations Unit has 6 persons. This unit includes administrative, account supervision and finance. It is also involved in monitoring activities with ECPCG

• The ECPCG Unit has 5 persons. This is the main unit involved in the energy projects. The unit does not do technical work, but hire technical consultants to undertake the technical review of energy projects being proposed.

• Marketing Unit has 5 persons. This is the main unit that handles LGU and water districts projects, renewable energy technical proponents (RETP) and medium- and large-sized enterprises (MLEs).

33

LGUGC ORGANIZATIONAL STRUCTURE

The LGUGC does not have any staff that attends to the environmental and social

requirements of a project. These responsibilities are given to the hired consultant doing the technical review of a proposed project. However, as of September 2012, the LGUGC has created a position directly under its president. This position title is Risk Management Officer and one of its functions will be to undertake the review of all projects of LGUGC if these are environmentally and socially compliant to the safeguards required. The LGUGC committed during the consultation meeting with the WB Safeguards task team members’ willingness to learn and support compliance to Safeguards requirements. Capacity building along this and technical assistance in the development of tools are needed.

The Project Monitoring Board is organized and chaired by the LGUGC for monitoring

and evaluation of energy projects. Other members of the PMB are DO NEA, and the lending bank/financier. Two or more other persons from LGUGC usually participate in the PMB activities. A budget of P10,000 per person for travelling expenses is provided for to participate in PMB activities.

National Electrification Administration The National Electrification Administration (NEA) established, funded and supervised

Electric Cooperatives (ECs) to provide adequate, reliable and low- cost electricity to the rural areas.

34

Department of Energy DOE is the executive department of the Philippine Government responsible for

preparing, integrating, coordinating, supervising and controlling all plans, programs, projects and activities of the Government relative to energy exploration, development, utilization, distribution and conservation. It is responsible for overseeing the EC-PCG program.

Department of Environment and Natural Resources

The DENR, together with a multi-sectoral EIA review committee (EIARC), is responsible for reviewing the IEE report or checklist or the full-blown EIS study and the EMP of each subproject and conducting site visits. If the findings of the EIAR Care favorable, then the DENR issues an Environmental Clearance Certificate (ECC) for the subproject. In case a subproject is considered a non-critical project in a non-critical area under PD 1586 and its Implementing Rules and Regulations (DAO 2003-30) and its Revised Procedural Manual, the DENR issues a Certificate of Non-Coverage (CNC) for the said subproject.

National Commission on Indigenous Peoples

The NCIP is the governmental agency of the Philippines that is responsible for addressing issues regarding and concerns of the country's indigenous peoples. It prescribes the procedures on getting the free and prior informed consent of IP communities present in subproject locations.

Responsibilities for ESSF Implementation Agency Responsibilities

LGUGC Project Management Office

Executing agency with overall responsibility for PhRED project implementation.

Inform sub-project proponents of the ESSF process and requirements of the project and includes the ESSF in the information package that they provide to their clients

Ensure that sub-projects, regardless of financing source, complies with the provisions of the EMP and WB environmental and social policies and particularly WB POLICY OP 4.01, OP 4.10 and Op 4.12

Ensure that sub-projects comply with Government environmental and social policies and regulations.

For project duration, ensure that dedicated PMO staff to oversee ESSF implementation is engaged

Participate in a grievance redress mechanism, as described in the EIA and this ESSF, to receive and facilitate resolution of affected peoples' concerns, complaints, and grievances about the Project's environmental performance

Ensure submission of semi-annual monitoring reports on EMP implementation to WB and DENR.

Facilitate the environmental and social management capacity building activities of financial institutions, sub-project proponents and other stakeholders as described in the EMP and ECoPs and this ESSF.

Financial Institutions

Inform sub-project proponents of the ESSF process and requirements of the project and includes the ESSF in the information package that they provide to their clients

Check that necessary environmental clearances and approval(s) from DENR, NCIP and LGUGC have been obtained prior to release of loan

35

Agency Responsibilities

amount

Participate in a grievance redress mechanism, as described in the EIA and this ESSF, to receive and facilitate resolution of affected peoples' concerns, complaints, and grievances about the Project's environmental performance

Undertake monitoring of the implementation of the EMP (mitigation and monitoring measures) RAP and IPP with assistance from LGUGC, DOE/NEA and PMB

Report to LGUGC aspects of environmental and social safeguards management and monitoring semi-annually, based on the results of subproject monitoring

Sub-project proponent - EC/ RE developer/ Independent Power Provider

Ensure that Project implementation complies with WB's environmental and social policy OP 4.01, OP 4.10 and OP 4.12 and the principles and requirements therein

Ensure that sufficient funds are made available to adequately implement the EMP/RAP/IPP

Ensure that necessary resources are allocated to obtain environmental clearances certification under EIS from DENR, RAP and IPP prior to award of civil works contracts

Ensure that EMP and Environmental Code of Practice (ECoPs) provisions are strictly implemented during various project phases (detailed design/pre-construction, construction and operation) to mitigate environmental impacts to acceptable levels

For project duration, commits and retains a dedicated staff as environment and safety officer (ESO) to oversee EMP/RAP/IPP implementation

Check that environmental protection and mitigation measures in the EMP are incorporated in the detailed designs

Ensure that bidding and contract documents to contractors include the EMP and ECoPs

Submit semi-annual monitoring reports on EMP/RAP/IPP implementation to the financial institutions, LGUGC and DENR

Include in the Project EMP and specify requirement for preparation and implementation of method statement/site specific EMPs (SEMPs) by the contractors as described in the EIA/EMP

Prior to construction, review and approve in writing the updated SEMPs/method statements prepared in consultation with contractors

Prepare semi-annual environmental monitoring reports for submission to LGUGC, NEA for ECs, and RED and IPPs to DOE.

Obtain environmental approvals and certification (e.g., ECC) from DENR Ensure proper and timely implementation specified in the EMP/RAP/IPP and ECoPs, conducts environmental training as specified in the EIA/EMP, conducts contractors workers’ orientation on EMP provisions, undertake regular monitoring of the contractor’s safeguards performance, and submit environmental baseline report and semi-annual environmental monitoring reports, as specified in the EMP to LGUGC, DOE/ NEA, Financial Institution and DENR

Based on the results of EMP monitoring, identify environmental corrective actions and prepare a corrective action plan, as necessary for submission to LGUGC and Financial Institution. Does the same for RAPs and IP plan.

Contractor Prepare draft method statement/ SEMPs based on EMP provided by the sub-project proponent (Traffic Management Guidelines, Utilities, Runoff Control Guidelines, Waste Management and Spoil Disposal Guidelines, Noise and Dust Control Guidelines, etc.) described in the ESSF

Recruit qualified social and environmental safeguard specialist to ensure compliance with environmental statutory and contractual obligations and proper implementation of the EMP

Implement all necessary SEMP and ECoPs and submit Environmental Compliance Monitoring report to the sub-project proponent

36

Agency Responsibilities

Provide sufficient funding and human resources for proper and timely implementation of required mitigation measures in the EMP and segregate these sums in the bidding documents

Implement additional environmental mitigation measures for unexpected impacts, as necessary

Project Monitoring Board (PMB)

Provide oversight to the implementation of the project sub-proponents’ compliance to the ESSF

Undertake regular monitoring and reporting of the overall project and specific sub-projects’ environmental performance

Department of Energy

Ensure that sufficient funds are made available to properly monitor the implementation of the EMP/RAP/IPP

Ensure that the establishment and implementation of an environmental and social grievance redress mechanism, as described in the EIA and this ESSF, to receive and facilitate resolution of affected peoples' concerns, complaints, and grievances about the Project's environmental performance

National Electrification Administration

Supervise the ECs and approve their participation in the program

Conduct the technical due diligence and ensure ESSF compliance for RE projects

Exercise step-in rights in case of EC default

Department of Environment and National Resources

Review and approve environmental assessment reports and applications for Environmental Compliance Certificates (ECCs)

Issue ECCs

Undertake regular monitoring of the sub-projects’ environmental performance.

National Commission on Indigenous Peoples

Facilitate Field based investigation and Free and Prior informed Consent activities in project locations where IPs are present

Issue Certificate of Non Overlap or Certificate Precondition as needed

Monitor compliance of project proponents to MOA with IPs which are also documented as IPPs.

IX. GRIEVANCE REDRESS MECHANISM

A grievance redress mechanism for the project is necessary for addressing legitimate

concerns of affected individuals and groups who may consider themselves deprived of appropr iate treatment under the project. Electric Cooperatives (ECs) have Membership/Consumer/Public Complaints Sections to address all complaints and grievances received from members of the cooperative and the general public. The Public Complaints Sections will be responsible to address and resolve any grievances from the public regarding the sub‐projects. Complaints and grievances related to any

aspect of

37

the sub‐projects, including environmental and social safeguards issues, will be

addressed as follows:

• Step 1: Complainants will present their complaints and grievances to the

Barangay officials for onward transmission of their complaints to the concerned Electric Cooperative. The subproject proponent: EC, renewable energy developers or independent power providers, together with the LGU officials, will make every attempt to resolve the grievances at the local level.

• Step 2: If the complaint is not addressed to the satisfaction of the complainant, or

remain unresolved, for 15 days from the date of first submission, the complainant may then submit his/her complaint directly to the Institutional Development Department of the National Electrification Administration (NEA). NEA shall furnish LGUGC with a copy of the complaint for monitoring and sharing with WB.

• Step 3: If the complaint is not addressed to the satisfaction of the complainant

within15 days from the date of submission to the subproject proponent or remain unresolved, the complainant can approach the court of law within the jurisdiction of the EC and the complainant.

The following principles will apply to address complaints and grievances in the project:

• Complainants will be exempted from all administrative and legal fees incurred

pursuant to the grievance redress procedures. All such costs will be borne by the respective subproject proponent.

• All complaints should be written. If received verbally, these shall be properly

documented by the concerned subproject proponent it shall put all relevant details of complaints and the actions taken on their respective websites;

• The LGUGC will appoint designated staff with the responsibility to address complaints

related to the project;

106 The subproject proponent will maintain proper documentation of all complaints received and actions taken. They will submit a report on these to the LGUGC, who shall be responsible for sub-project monitoring. The LGUGC PMB will monitor said complaints as part of their due diligence. They will closely coordinate with the sub‐project proponents on possible remedial

actions to resolve compla in ts expeditiously and adequately. They will submit to the Bank, a report on the complaints and the steps taken by the sub‐borrowers to resolve the complaint,

as part of the semi-annual SECR.

* A hard copy of the ESSF is available in the LGUGC office and soft copies may be sent to LGUGC partners in the EC-PC Program upon request.

ESSF LIST OF ANNEXES

1. Guidelines on the Area of Influence (Direct and Indirect Impact Areas) 2. Standards on Exposure to Electromagnetic Interference (EMI) 3. PhRED : LGUGC EC-PCG Program – Modified Process Flow* 4. Cultural Property and Protection Measures 5. Environmental Management Plan Template and Environment Codes of Practice -

Extension of Electricity Distribution Networks, Sub-Transmission and Substations 6. Safeguards Procedures For Inclusion In The Technical Specifications For

Contracts: General Environment Codes Of Practice On Environment, Health And Safety,

7. Construction And Decommissioning 8. EMP Templates for Renewable Energy Projects- Hydroelectric Power 9. Facilities, Wind Energy Facilities, Biomass and Solar Energy Facilities 10. Environment Codes of Practice (ECOPs) Renewable Energy Projects 11. Environment Codes of Practice (ECOPs) for Access Roads and Ancillary Facilities 12. Guidance on Addressing the Bank’s policy requirements of OP 4.04 – Natural Habitats 13. Guidance on Addressing the Bank’s policy requirements of OP 4.37- Safety of Dams 14. Guidance on Addressing the Bank’s policy requirements of OP 4.09 – Pest

Management 15. PHRED SOCIAL SAFEGUARDS Policy Framework

ANNEX 1

GUIDELINES ON AREA OF INFLUENCE (DIRECT AND INDIRECT IMPACT AREAS)

1. Description of AI. The area of influence is the total area likely to be affected by both on-site and off-site impacts from subproject activities. The size of a subproject’s area of influence and the social and environmental impacts and risks within the area can vary considerably. Some of the impacts and risks, may be attributable to third parties within the area of influence. The larger the area of influence, the more likely that third party action or non-performance could pose risks to subprojects. Where relevant, the EIA and Social Assessment shall include these third party risks, particularly risks over which the sub-borrower may have a degree of control or influence. In addition to adverse impacts and risks, the Assessment can assess potential positive or beneficial impacts of a project and propose measures to enhance them (IFC Guidance Note 1, Social and Environmental Assessment and Management Systems).

2. Determination of AI. In the determination of the area of influence (AI) of a subproject, the Bank’s environmental policy OP 4.01 and guidelines provided by the ESSF shall be adopted. (Annex 1) Annex 2-2 of DENR Memorandum Circular 2, series of 2007 or the Revised Procedural Manual of DENR Administrative Order 03-30, the Implementing Rules and Regulations of PD 1586 (EIS System) provides initial guidelines on the direct and indirect impact areas and the determination of stakeholders who might be potentially affected by the project. However, in accordance with the Bank’s OP 4.01, the identification of the impact areas should be done as early as possible, i.e., during the initial screening, scoping, local consultations and the conduct of the EIA for the subproject. If the initial screening indicates potential adverse impacts, the scope of the EIA should be determined and further impact identification and analysis (based on relevant baseline data, if any, and considering identified stakeholders) shall be done to ascertain the nature and scale of impacts, the affected communities, and possible mitigation measures (IFC Guidance Note 1, Social and Environmental Assessment and Management Systems).

3. Criteria for Selection of Methods for Determination of AI. Methods for the determination of the geographical or “spatial” boundary and the temporal or “time frame’ boundary of the area of influence, shall depend on the type of subproject, the nature of the impacts, the availability and quality of data and the availability of resources. Analysis of project and site-specific impacts shall be based on current and verifiable primary information. Reference to secondary information on the project’s area of influence may be done but it may still be necessary to gather primary information from field surveys to establish baselines appropriate to the proposed project’s potential impacts and risks.

4. Consultations in the AI. Consultations with experts, local communities and government authorities shall be conducted to define or refine the area of influence and identify direct and indirect impacts at the upstream and downstream portions of the subproject, its ancillary facilities and access roads. Consultations shall be combined with other methods such as network and systems analysis, checklist, spatial analysis, matrices, carrying capacity analysis and modelling. The selected methods should aim to present the results in a manner easily understood by the public.

ANNEX 2

STANDARDS ON EXPOSURE TO ELECTROMAGNETIC INTERFERENCE (EMI)

For short-term exposure to electric and magnetic fields, the Institute of Electrical and Electronics Engineers (IEEE) International Committee on electromagnetic Safety (ICES) published a standard that recommends limits on exposures to magnetic fields, electric fields, and contact currents in the frequency range of 0 to 3000 hertz (Hz) 1.

1. Magnetic Fields. Table 1 shows the maximum permissible exposure (MPE) levels to magnetic fields. The limits are intended to protect against the following adverse short-term effects: aversive or painful stimulation of sensory or motor neurons, muscle excitation that may lead to injury while performing hazardous activities, excitation of neurons or direct alteration of synaptic activity within the brain, cardiac excitation, adverse effects associated with induced potentials or forces on rapidly moving ions with the body, such as blood flow. Potential chronic effects associated with long-term exposure were not considered because (1) there is not sufficient reliable evidence that community or occupational exposures cause adverse chronic effects, such as cancer, and (2) there is no confirmed mechanism that would provide a basis for predicting long-term effects.2 The magnetic fields in spaces accessible to the general public are very unlikely to exceed the 60-Hz MPE level of 0.9 mT (9 G) cited in the IEEE Standard. Similarly, static magnetic fields near power facilities are very unlikely to exceed the static field limits established for the general public under this guideline. The IEEE Standard explicitly increases the general-public MPE level for 60-Hz electric fields from 5 kV/m to 10 kV/m on transmission line rights-of-way. Exposure of the general public would not exceed the MPE of 10 kV/m, except in limited areas under some 765-kV lines. Public use of high voltage direct current (HVDC) transmission line rights-of-way could result in exposures to static electric fields above 20 kV/m. However, realistic leakage resistances make it unlikely that such exposures would exceed an MPE level based on potential spark discharges. Implementation of the IEEE Standard is expected to have minimal impact on current electric power company practices. One possible exception is that the design of 765-kV lines might need to be changed to meet the 10-kV/m limit for general-public exposure on rights-of-way.

Table 1. IEEE Uniform Magnetic Field Maximum Permissible Levels 3

a For non-uniform fields, limits apply to the maximum field on the body; IEEE, Institute of Electrical and Electronics Engineers; Hz, hertz; mT, millitesla; f, frequency in hertz

2. Electric Fields. For electric field exposure, the MPE levels are determined by sensory responses to external conditions rather than by an internal response to induced electric fields. The limits seek to avoid the following short-term effects: annoying field perception, painful spark discharges, and aversive or painful contact currents. The currents and spark discharges can occur when an ungrounded person standing in an electric field touches a conductive path to ground. Field perception is enhanced when a person situated in an electric field is also well grounded. In controlled environments, spark discharges can be mitigated through the use of appropriate work clothing, grounding measures, and other work practices. MPE levels for whole- body electric field exposure are given in Table 2 as a function of frequency. The MPE level for 60-Hz uniform electric field exposure in a controlled environment is 20 kV/m. The MPE level for the general public is 5 kV/m, except on transmission line rights-of-way, where the limit is 10 kV/m.

Table 2. IEEE Uniform Electric Maximum Permissible Exposure Levels 4

3. EPRI Comments on the IEEE Standard for Safety Levels With Respect to Human Exposure to Electromagnetic Fields, 0 to 3 kHz (2002), Electric Power Research Institute (EPRI), Inc., 2003.

4. EPRI. Comments on the IEEE Standard for Safety Levels With Respect to Human Exposure to Electromagnetic Fields, 0 to 3 kHz (2002), Electric Power Research Institute (EPRI), Inc., 2003.

.

ANNEX 3

LGUGC EC-PCG PROGRAM – MODIFIED PROCESS FLOW*

(ESSF procedures integrated in EC-PCG process flow highlighted in red italics)*

ESSF Steps 1, 2

Step I Step II Step III Step IV

EC Board Orientation

EC Board Resolution –

EC-PCG Program

Participation

Technical & Financial Due

Diligence (1 wk On-site) by

LGUGC Risk Management Officer or a

Consultant/3rd

Party/ For RE projects, NEA RE Expert SCREENING

SCOPING/ Draft EA

Report Writing (Minimum of 1

month) by LGUGC Risk Management

Officer

Consultant/3rd

Party/ For RE projects, NEA RE

Expert

PUBLIC CONSULTATION/

FINAL EA/ECC

Step VIII Step VII Step VI Step V

Presentation to EC Board and

EC Board Approval of AFI

Bids & Proposed Guarantee Terms and

Conditions & Proposed NEA-

EC-PCG co-Financing Sharing

Canvass of AFI

Bids/ Consolidation of

Proposal

Presentation to

Approval of LGUGC Board

Preparation of LGUGC Board Credit Memo

ESSF Step 3

Step IX Step X Step XI Step XII

EC Board, AFI Board, NEA Board review

and approval of LA, GA and Co-

sharing

Signing

Ceremony of LA and GA

Drawdown, Project

Implementation SAFEGUARDS IMPLEMENTA-

TION

Supervision,

Monitoring and Reporting

SAFEGUARD MONITORING/ REPORTING

Project Monitoring Board (PMB)

4 1

ANNEX 4

CULTURAL PROPERTY AND PROTECTION MEASURES

A. WB Policy on Management of Cultural Property (OP 4.11, July 2006)

Cultural resources are important as sources of valuable historical and scientific information, as assets for economic and social development, and as integral parts of a people's cultural identity and practices. The loss of such resources is irreversible, but fortunately, it is often avoidable. The objective of OP/BP 4.11 on Physical Cultural Resources is to avoid, or mitigate, adverse impacts on cultural resources from development projects that the World Bank finances.

B. Protection of Cultural Property

1. Cultural property include monuments, structures, works of art, or sites of significance points of view, and are defined as sites and structures having archaeological, historical, architectural, or religious significance, and natural sites with cultural values. This includes cemeteries, graveyards and graves.

2. The initial phase of the proposed emergency reconstruction operations pose limited risks of damaging cultural property since subprojects will largely consist of small investments in community infrastructure and income generating activities, reconstruction of existing structures, and minor public works.

C. Chance Find Procedures

3. Chance find procedures will be used as follows:

Stop the construction activities in the area of the chance find.

Delineate the discovered site or area.

Secure the site to prevent any damage or loss of removable objects. In cases of removable antiquities or sensitive remains, a night guard shall be present until the responsible local authorities and the Philippine National Museum Cultural Properties Division take over. The contact person is Mr. Oscar G. Desembrana, Museum Researcher II, Cultural Properties Division (CPD) at telephone number 527-1216, or via email at culturalprop@nationalmuseum.gov.ph.

Notify the supervisory Engineer who in turn will notify the responsible local authorities and the Philippine National Museum Cultural Properties Division immediately (less than 24 hours).

Contact the responsible local authorities and the Philippine National Museum Cultural Properties Division who would be in charge of protecting and preserving the site before deciding on the proper procedures to be carried out. This would require a preliminary evaluation of the findings to be performed by the archaeologists of the Philippine National Museum Cultural Properties Division (within 72 hours). The significance and importance of the findings should be assessed according to the various criteria relevant to

cultural heritage, including the aesthetic, historic, scientific or research, social and economic values.

Ensure that decisions on how to handle the finding be taken by the responsible authorities and the Philippine National Museum Cultural Properties Division. This could include changes in the layout (such as when the finding is an irremovable remain of cultural or archaeological importance) conservation, preservation, restoration and salvage.

Implementation for the authority decision concerning the management of the finding shall be communicated in writing by the Philippine National Museum Cultural Properties Division; and

Construction work will resume only after authorization is given by the responsible local authorities and the Philippine National Museum Cultural Properties Division concerning the safeguard of the heritage.

4. These procedures must be referred to as standard provisions in construction contracts, when applicable, and as proposed in Annex 7 - Safeguards Procedures for Inclusion in the Technical Specifications for Contracts. During project supervision, the Site Engineer shall monitor the above regulations relating to the treatment of any chance find encountered are observed.

5. Relevant findings will be recorded in World Bank Implementation Supervision Reports (ISRs), and Implementation Completion Reports (ICRs) will assess the overall effectiveness of the project’s cultural property mitigation, management, and activities, as appropriate.

ANNEX 5

ENVIRONMENTAL MANAGEMENT PLAN TEMPLATE AND ENVIRONMENT CODES OF PRACTICE FOR EXTENSION OF ELECTRICITY DISTRIBUTION NETWORKS, SUB-TRANSMISSION AND SUBSTATIONS

Note: General environmental impacts and how they are to be addressed are in Annex 7 - General ECOPs. They include impacts and mitigating measures regarding construction site waste generation, soil erosion and sediment control from materials sourcing areas and site preparation activities, fugitive dust and other emissions (e.g. from vehicle traffic, land clearing activities, and materials stockpiles), noise from heavy equipment and truck traffic and potential for hazardous materials and oil spills associated with heavy equipment operation and fueling activities.

A. ENVIRONMENTAL MANAGEMENT PLAN (EMP) TEMPLATE

Project Phase Potential Impact Mitigation Measures Institutional

Responsibility Monitoring Schedule

Costs

Project Siting and Project Design

Cultural and Historical Properties

• Avoid siting transmission Lines at/near areas with ecology and historical/social/cultural values

Terrestrial Habitat Alteration

• Site transmission and distribution rights-of-way, access roads, lines, towers, and substations to avoid residential areas and critical habitats through use of existing utility and transport corridors for transmission and distribution, and existing roads and tracks for access roads, whenever possible

Project Siting and Project Design

Aquatic Habitat Alteration • Site power transmission towers

and substations to avoid critical aquatic habitat (e.g. watercourses, wetlands, and riparian areas), as well as fish spawning habitat, and critical fish over-wintering habitat;

Marine Habitat Alteration • Locate and site cable routes, and shore access, to avoid critical marine habitats (e.g. breeding grounds and eelgrass) and coral reefs;

Visual Amenity • Extensive public consultation during the planning of power line and power line right-of-way locations;

• Accurate assessment of changes in property values due to power line proximity;

• Site power lines, and designing substations, with due consideration to landscape views and important environmental and community features;

• Location of high-voltage transmission and distribution lines in less populated areas, where possible;

• Burying transmission or distribution lines when power must be transported through dense residential or commercial areas.

3 Project Phase Potential Impact Mitigation Measures Institutional

Responsibility Monitoring Schedule

Costs

Project Construction and Operations/ Maintenance

Terrestrial Habitat Alteration; Permanent Loss of Vegetation

• Installation of transmission lines above existing vegetation to avoid land clearing;

• Limit land clearing as much as possible and avoid sensitive ecosystems

• Provide temporary fencing to vegetation that will be retained

• Use markers to direct trucks transporting construction materials to the construction site to avoid damage to plants

• Avoid conducting construction activities during the breeding season and other sensitive seasons or times of day;

• Revegetation of disturbed areas with native plant species;

• Removal of invasive plant species during routine vegetation maintenance

• Use existing road networks as access to construction sites to avoid tree cutting and permanent loss of vegetation

Right-of-Way -Terrestrial Habitat Alteration - Aquatic Habitat Alteration - Hazardous Materials

• To avoid conflicts on right-of- way, conduct consultations and settle agreements before finalizing the detailed design of the project

• Implementation of an integrated vegetation management approach (IVM) such as

4 Project Phase Potential Impact Mitigation Measures Institutional

Responsibility Monitoring Schedule

Costs

Project Construction and Operations/ Maintenance

selective removal of tall-growing tree species and the encouragement of low-growing grasses and shrubs.

• Alternative vegetation management techniques should be selected based on environmental and site considerations including potential impacts to non-target, endangered and threatened species.

• Removal of invasive plant species, whenever possible, cultivating native plant species;

• Schedule activities to avoid breeding and nesting seasons for any critically endangered or endangered wildlife species;

• Observe manufacturer machinery and equipment guidelines, procedures with regard to noise, and oil spill prevention and emergency response;

• Avoid clearing in riparian areas

• Avoid use of machinery in the vicinity of watercourses.

Forest Fires • Monitor right-of-way vegetation according to fire risk;

• Remove blowdown and other high-hazard fuel accumulations;

• Time thinning, slashing, and other maintenance activities to

5 Project Phase Potential Impact Mitigation Measures Institutional

Responsibility Monitoring Schedule

Costs

Project Construction and Operations/ Maintenance

avoid forest fire seasons;

• Disposal of maintenance slash by

truck or controlled burning. Controlled burning should adhere to applicable burning regulations, fire suppression equipment requirements, and typically must be monitored by a fire watcher;

• Plant and manage fire resistant species (e.g. hardwoods) within, and adjacent to, rights-of-way;

• Establish a network of fuel breaks of less flammable materials or cleared land to slow progress of fires and allow fire fighting access.

Avian and Bat Collisions and Electrocutions

• Align transmission corridors to avoid critical habitats (e.g. nesting grounds, heronries, rookeries, bat foraging corridors, and migration corridors);

• Maintain 1.5 meter (60-inch) spacing between energized components and grounded hardware or, where spacing is not feasible, covering energized parts and hardware;

• Retrofit existing transmission or distribution systems by installing elevated perches, insulating jumper loops, placing obstructive perch deterrents (e.g. insulated ”V’s”), changing the location of

6 Project Phase Potential Impact Mitigation Measures Institutional

Responsibility Monitoring Schedule

Costs

Project Construction and Operations/ Maintenance

conductors, and / or using raptor hoods;

• Consider the installation of

underground transmission and distribution lines in sensitive areas (e.g. critical natural habitats);

• Install visibility enhancement objects such as marker balls, bird deterrents, or diverters.

Aquatic Habitat Alteration • Maintain fish access when road crossings of watercourses are unavoidable by utilizing clearspan bridges, open-bottom culverts, or other approved methods;

• Minimize clearing and disruption to riparian vegetation;

Marine Habitat Alteration • Bury submarine cables when traversing sensitive intertidal habitat;

• Monitor cable laying path for presence of marine mammals;

• Avoid laying submarine cable during fish and marine mammals breeding periods, calving periods, and spawning seasons.

Electric and Magnetic Fields (EMF)

• Existing NPC and NEA standards should be strictly followed during siting of lines to ensure safe limits for EMF are not exceeded.

• Evaluate potential exposure to the public against the reference

7 Project Phase Potential Impact Mitigation Measures Institutional

Responsibility Monitoring Schedule

Costs

Project Construction and Operations/ Maintenance

levels developed by the International Commission on Non-Ionizing Radiation Protection

(ICNIRP) or the IEEE2.

• Site new facilities to avoid or minimize exposure to the public. Avoid installation of transmission lines or other high voltage equipment above or adjacent to residential properties or other locations intended for highly frequent human occupancy, (e.g. schools or offices)

• If EMF levels are confirmed or expected to be above the recommended exposure limits, application of engineering techniques should be considered to reduce the EMF produced by power lines, substations, or transformers. Examples of these techniques include: o Shielding with specific metal alloys o Burying transmission lines o Increasing height of transmission towers

2

ICNIRP is a non-governmental organization formally recognized by the World Health Organization (WHO), which published the “Guidelines for Limiting Exposure to Time-varying Electric, Magnetic, and Electromagnetic Fields” following reviews of all the peer-reviewed scientific literature, including thermal and non-thermal effects. The standards are based on evaluations of biological effects that have been established to have health consequences. The main conclusion from the WHO reviews is that exposures below the limits recommended by the ICNIRP international guidelines do not appear to have any known consequence on health. An additional source of information is the Institute of Electrical and Electronics Engineers.

8 Project Phase Potential Impact Mitigation Measures Institutional

Responsibility Monitoring Schedule

Costs

o Modifications to size, spacing, and configuration of conductors

Project Construction and Operations/ Maintenance

Hazardous Materials: Insulating Oils and Fuels

• Comply with requirements of RA 6969 re: Polychlorinated Biphenyls (PCBs) used as dielectric fluid to provide electrical insulation; also with its Implementing Rules and Regulations (DAO 92-29), and DAO 2004-01- Chemical Control Order (CC0) for Polychlorinated Biphenyls (PCBs) (www.emb.gov.ph)

• Replace existing transformers and other electrical equipment containing PCB, and ensuring appropriate storage, decontamination, and disposal of contaminated units;

• Prior to final disposal, retired transformers and equipment containing PCB should be stored in accordance with the aforementioned environmental regulations; disposal should involve facilities capable of safely transporting and disposing of hazardous waste containing PCBs;

Hazardous Materials: Wood Preservatives

• Evaluate alternative pole materials (e.g. steel, concrete, and fiberglass);

• Consider use of alternative preservatives for poles (e.g.

Project Phase Potential Impact Mitigation Measures Institutional Responsibility

Monitoring Schedule

Costs

copper azote);

• Undertake appropriate disposal of used poles in accordance with RA 6969 and its IRR.

Project Construction and Operations/ Maintenance

Hazardous Materials: Pesticides (see WB OP 4.09 on Pest Management for further details)

• Comply with RA 6969 and its IRR and related laws of the DENR and the Fertilizer and Pesticide Authority (FPA)

• Prepare a management plan that includes measures for the containment, storage and ultimate destruction of all obsolete stocks in accordance to guidelines by FAO and consistent with RA 6969 and its IRR and FPA regulations and country commitments under the Stockholm, Rotterdam and Basel Conventions.

9

B. ENVIRONMENT CODES OF PRACTICE (ECOPS) FOR OCCUPATIONAL HEALTH AND SAFETY 3

1. Live Power Lines

• Allow only trained and certified workers to install, maintain, or repair electrical equipment;

• Deactivate and properly ground live power distribution lines before work is performed on, or in close proximity, to the lines;

• Ensure that live-wire work is conducted by trained workers with strict adherence to specific safety and insulation standards

Qualified or trained employees working on transmission or distribution systems should

be able to achieve the following:4

o Distinguish live parts from other parts of the electrical system

o Determine the voltage of live parts

o Understand the minimum approach distances outlined for specific live line voltages

o Ensure proper use of special safety equipment and procedures when working near or on exposed energized parts of an electrical system

Workers should not approach an exposed energized or conductive part even if properly trained unless:

o The worker is properly insulated from the energized part with gloves or other approved insulation; or,

o The energized part is properly insulated from the worker and any other conductive object; or,

o The worker is properly isolated and insulated from any other conductive object (live-line work).

Where maintenance and operation is required within minimum setback distances,

specific training, safety measures, personal safety devices, and other precautions should be defined in a health and safety plan.

Workers not directly associated with power transmission and distribution activities who are operating around power lines or power substations should adhere to local legislation, e.g., Philippine electrical code, standards, and guidelines relating to minimum approach distances for excavations, tools, vehicles, pruning, and other activities;

Minimum hot stick distances may only be reduced provided that the distance remaining is greater than the distance between the energized part and a grounded surface.

2. Working At Height On Poles And Structures

Test structures for integrity prior to undertaking work;

Implementation of a fall protection program that includes training in climbing techniques and use of fall protection measures; inspection, maintenance, and replacement of fall protection equipment; and rescue of fall-arrested workers, among others;

3

Occupational health and safety guidelines are included in the General Environment Codes of Practice (ECOPs) in

Annex 7. 4

See also Occupational Health and Safety Administration (OSHA) at http:www.osha.gov/SLTC/powertransmission/standards.html

11

Establishment of criteria for use of 100 percent fall protection (typically when working over 2 meters above the working surface, but sometimes extended to 7 meters, depending on the activity). The fall protection system should be appropriate for the tower structure and necessary movements, including ascent, descent, and moving from point to point;

Installation of fixtures on tower components to facilitate the use of fall protection systems;

Provision of an adequate work-positioning device system for workers. Connectors on positioning systems should be compatible with the tower components to which they are attached;

Hoisting equipment should be properly rated and maintained and hoist operators properly trained;

Safety belts should be of not less than 16 millimeters (mm) (5/8 inch) two-in-one nylon or material of equivalent strength. Rope safety belts should be replaced before signs of aging or fraying of fibers become evident;

When operating power tools at height, workers should use a second (backup) safety strap;

Signs and other obstructions should be removed from poles or structures prior to undertaking work;

An approved tool bag should be used for raising or lowering tools or materials to workers on structures.

3. Electric and Magnetic Fields (EMF)

Occupational EMF exposure should be prevented or minimized through the preparation and implementation of an EMF safety program including the following components:

Identification of potential exposure levels in the workplace, including surveys of

exposure levels in new projects and the use of personal monitors during working

activities;5

Training of workers in the identification of occupational EMF levels and hazards;

Establishment and identification of safety zones to differentiate between work areas with expected elevated EMF levels compared to those acceptable for public exposure, limiting access to properly trained workers;

Implementation of action plans to address potential or confirmed exposure levels that exceed reference occupational exposure levels developed by international organizations such as the International Commission on Non-Ionizing Radiation Protection (ICNIRP), and the Institute of Electrical and Electronics Engineers (IEEE). Personal exposure monitoring equipment should be set to warn of exposure levels that are below occupational exposure reference levels (e.g. 50 percent). Action plans to address occupational exposure may include limiting exposure time through

5

A 1994 study estimated the average exposure of electrical workers (including jobs in electric utilities and other industries) in Los Angeles,

California to be 9.6 milligauss (mG), compared to 1.7 mG for workers in other fields (S. J. London et. al., 1994 as cited by the IFC-WB Group,

Environmental, health and Safety Guidelines for Electric Power Transmission and Distribution, April 30, 2007.) Although detailed studies of

workplace exposure to EMF in the United States, Canada, France, England, and several Northern European countries have found no conclusive

link or correlation between typical occupational EMF exposure and adverse health effects, some studies have identified a possible association

between occupational exposure to EMF and cancer, such as brain cancer (U.S. National Institute of Environmental Health Sciences 2002)

indicating there is evidence to warrant limited concern (IFC-WB Group, April 30, 2007).

12

work rotation, increasing the distance between the source and the worker, when feasible, or the use of shielding materials.

4. Exposure To Chemicals

Occupational exposures to chemicals in this sector primarily include handling of pesticides (herbicides) used for right–of-way maintenance, and exposure to PCB in transformers and other electrical components.

Pesticides - Occupational health and safety impacts associated with pesticides are

similar to those for other hazardous substances, and their prevention and control are discussed in the General EHS Guidelines. Potential exposures to pesticides include dermal contact and inhalation during their storage, preparation and application. Recommendations on the use of pesticides include:

Train personnel to apply pesticides and ensure that personnel have received the necessary certifications, or equivalent training where such certifications are not required;

Respect post-treatment intervals to avoid operator exposure during reentry to crops with residues of pesticides;

Ensure hygiene practices are followed (in accordance to FAO and PMP) to avoid exposure of family members to pesticides residues.

b. PCBs – Comply with the requirements of RA 6969 re: Polychlorinated Biphenyls

(PCBs) used as dielectric fluid to provide electrical insulation; also with its Implementing Rules and Regulations (DAO 92-29), and DAO 2004-01- Chemical Control Order (CC0) for Polychlorinated Biphenyls (PCBs) (www.emb.gov.ph)

C. ENVIRONMENT CODES OF PRACTICE FOR COMMUNITY HEALTH AND SAFETY6

1. Electrocution - Electrocution results from direct contact with high-voltage electricity

or from contact with tools, vehicles, ladders, or other devices that are in contact with high- voltage electricity. Recommended techniques to prevent this includes:

Use of signs, barriers (e.g. locks on doors, use of gates, use of steel posts surrounding transmission towers, particularly in urban areas), and education / public outreach to prevent public contact with potentially dangerous equipment;

Grounding conducting objects (e.g. fences or other metallic structures) installed near power lines, to prevent shock.

2. Electromagnetic Interference - The corona of overhead transmission lines may result in the creation of radio noise. Typically, transmission line rights-of-way and conductor bundles are created to ensure radio reception at the outside limits remains normal. However, periods of rain increase the streaming corona on conductors and may affect radio reception in residential areas near transmission lines.

6

Additional occupational and community health and safety guidelines are included in the General Environment

Codes of Practice (ECOPs) in Annex 7.

13

3. Visual Amenity-. To mitigate the visual impact of power distribution projects, the

following mitigation measures are recommended:

Conduct extensive public consultation during the planning of power line and

power line right-of-way locations; Conduct an accurate assessment of changes in property values due to power

line proximity; Site power lines, and design substations, with due consideration to landscape

views and important environmental and community features; Locate high-voltage transmission and distribution lines in less populated

areas, where possible; Bury transmission or distribution lines when power must be transported

through dense residential or commercial areas.

4. Noise and Ozone - Buzzing or humming sounds can often be heard around

transformers or high voltage power lines producing corona. Ozone, a colorless gas with a pungent odor, may also be produced. Neither the noise nor ozone produced by power

distribution lines or transformers carries any known health risks. 7The acoustic noise produced by transmission lines is greater with high voltage power lines (400-800 kilo

volts [kV]) and even greater with ultra-high voltage lines (1000 kV and higher).8

Measures to mitigate this impact may be addressed during project planning stages to locate rights-of-way away from human receptors and the use of noise barriers or noise canceling acoustic devices.

5. Aircraft Navigation Safety - If power transmission towers are located near an airport or known flight paths, they can affect aircraft safety directly, through collision, or indirectly through radar interference. Aircraft collision impacts may be mitigated through the following:

·

Avoid siting of transmission lines and towers close to airports and outside of known flight path envelopes;

Consultation with regulatory air traffic authorities prior to installation;

Adherence to regional or national air traffic safety regulations; and

Use of buried lines when installation is required in flight sensitive areas.

7

World Health Organization. 1998. Electromagnetic fields and public health: extremely low frequency (ELF) Fact Sheet http://www.who.int/mediacentre/factsheets/fs205/en/) as cited by the IFC-World Bank Group, , Environmental Health and Safety Guidelines for Electric Power Transmission and Distribution, April 30, 2007. 8

Gerasimov, A.S. 2003. Environmental, Technical and Safety Codes, Laws and Practices Related to Power Line Construction in Russia, as cited by the IFC-World Bank Group, Environmental Health and Safety Guidelines for Electric Power Transmission and Distribution, April 30, 2007.

ANNEX 6

SAFEGUARDS PROCEDURES FOR INCLUSION IN THE TECHNICAL SPECIFICATIONS FOR CONTRACTS: GENERAL ENVIRONMENTAL CODES OF PRACTICE:

ENVIRONMENT, HEALTH AND SAFETY, CONSTRUCTION AND DECOMMISSIONING1

A. GENERAL WASTE MANAGEMENT

The sub-borrower, contractor and operator of the sub-project should comply with (1) Republic Act (RA) 9003 or the Ecological Solid Waste Management Act and its Implementing Rules and Regulations (IRR) and (2) for toxic and hazardous wastes, RA 6969 or the Toxic Substances and Hazardous and Nuclear Wastes Control Act and its IRR (www.emb.gov.ph). Waste management should be addressed through a waste management system that addresses issues linked to waste minimization, generation, transport, disposal, and monitoring. 1. Waste Management Planning

Facilities that generate waste should characterize their waste according to composition, source, types of wastes produced, generation rates, or according to local regulatory requirements. Effective planning and implementation of waste management strategies should include:

Review of new waste sources during planning, siting, and design activities, including

during equipment modifications and process alterations, to identify expected waste generation, pollution prevention opportunities, and necessary treatment, storage, and disposal infrastructure

Collection of data and information about the process and waste streams in existing facilities, including characterization of waste streams by type, quantities, and potential use/disposition

Establishment of priorities based on a risk analysis that takes into account the potential EHS risks during the waste cycle and the availability of infrastructure to manage the waste in an environmentally sound manner

Definition of opportunities for source reduction, as well as reuse and recycling

Definition of procedures and operational controls for onsite storage

Definition of options / procedures / operational controls for treatment and final disposal 2. Waste Prevention Processes should be designed and operated to prevent, or minimize, the quantities of wastes generated and hazards associated with the wastes generated in accordance with the following strategy:

1

Synthesized and consolidated from the IFC, World Bank Group- Environmental, Health and Safety Guidelines, April

30, 2007, Philippine PD 1586, RA 6969, RA 8749, RA 9003 and RA 9275.

2

Substitute raw materials or inputs with less hazardous or toxic materials, or with those where processing generates lower waste volumes

Apply manufacturing processes that convert materials efficiently, provide higher product output yields, including modification of design of the production process, operating conditions, and process controls (Lean Manufacturing, see http://www.epa.gov/epaoswer/hazwaste/minimize/lean.htm)

Institute good housekeeping and operating practices, including inventory control to reduce the amount of waste resulting from materials that are out-of-date, off- specification, contaminated, damaged, or excess to plant needs

Institute procurement measures that recognize opportunities to return usable materials such as containers and which prevent the over ordering of materials

Minimize hazardous waste generation by implementing stringent waste segregation to prevent the commingling of non-hazardous and hazardous waste to be managed

3. Recycling and Reuse In addition to the implementation of waste prevention strategies, the total amount of waste may be significantly reduced through the implementation of recycling plans, which should consider the following elements:

Evaluation of waste production processes and identification of potentially recyclable

materials

Identification and recycling of products that can be reintroduced into the manufacturing process or industry activity at the site

Investigation of external markets for recycling by other industrial processing operations located in the neighborhood or region of the facility (e.g., waste exchange)

Establish recycling objectives and formal tracking of waste generation and recycling rates

Provide training and incentives to employees in order to meet objectives 4. Treatment and Disposal If waste materials are still generated after the implementation of feasible waste prevention, reduction, reuse, recovery and recycling measures, waste materials should be treated and disposed of and all measures should be taken to avoid potential impacts to human health and the environment. Selected management approaches should be consistent with the characteristics of the waste and local regulations, and may include one or more of the following:

On-site or off-site biological, chemical, or physical treatment of the waste material to

render it nonhazardous prior to final disposal

Treatment or disposal at permitted facilities specially designed to receive the waste. Examples include: composting operations for organic non-hazardous wastes; properly designed, permitted and operated landfills designed for the respective type of waste; or other methods known to be effective in the safe, final disposal of waste materials such as bioremediation.

3

5. Hazardous Waste Management

Hazardous wastes should always be segregated from nonhazardous wastes. If generation of hazardous waste cannot be prevented through the implementation of the above general waste management practices, its management should focus on the prevention of harm to health, safety, and the environment, according to the following additional principles:

Understanding potential impacts and risks associated with the management of any

generated hazardous waste during its complete life cycle Ensuring that contractors handling, treating, and disposing of hazardous waste are

reputable and legitimate enterprises, licensed by the relevant regulatory agencies and following good international industry practice for the waste being handled

Ensuring compliance with applicable local and international regulations such as the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes (www.basel.int/) and the Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemical and Pesticides in International Trade (www.pic.int/)

6. Waste Storage

Hazardous waste should be stored so as to prevent or control accidental releases to air, soil, and water resources in area location where:

Waste is stored in a manner that prevents the commingling or contact between

incompatible wastes, and allows for inspection between containers to monitor leaks or spills. Examples include sufficient space between incompatibles or physical separation such as walls or containment curbs

Store in closed containers away from direct sunlight, wind and rain

Secondary containment systems should be constructed with materials appropriate for the wastes being contained and adequate to prevent loss to the environment

Secondary containment is included wherever liquid wastes are stored in volumes greater than 220 liters. The available volume of secondary containment should be at least 110 percent of the largest storage container, or 25 percent of the total storage capacity (whichever is greater), in that specific location

Provide adequate ventilation where volatile wastes are stored. Hazardous waste storage activities should also be subject to special management actions, conducted by employees who have received specific training in handling and storage of hazardous wastes:

Provision of readily available information on chemical compatibility to employees,

including labeling each container to identify its contents Limit access to hazardous waste storage areas to employees who have received proper

training Clearly identify (label) and demarcating the area, including documentation of its location

on a facility map or site plan Conduct periodic inspections of waste storage areas and documenting the findings Prepare and implement spill response and emergency plans to address their accidental

release

4

Avoid underground storage tanks and underground piping of hazardous waste

7. Transportation On-site and Off-site transportation of waste should be conducted so as to prevent or minimize spills, releases, and exposures to employees and the public. All waste containers designated for off-site shipment should be secured and labeled with the contents and associated hazards, be properly loaded on the transport vehicles before leaving the site, and be accompanied by a shipping paper (i.e., manifest) that describes the load and its associated hazards, consistent with RA 6969 and its Implementing Rules and Regulations, the IATA requirements for air transport (www.iata.org), the IMDG Code for sea transport (www.imo.org/safety), the UN Model Regulations of other international standards and local requirements for land transport and host country commitments under the Control of Transboundary Movements of Hazardous Wastes (www.basel.int/) and the Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemical and Pesticides in International Trade (www.pic.int/). 8. Treatment and Disposal of Hazardous Wastes

In addition to the recommendations for treatment and disposal applicable to general wastes, the following issues specific to hazardous wastes should be considered:

8.1. Commercial or Government Waste Contractors

In the absence of qualified commercial or government-owned waste vendors (taking into consideration proximity and transportation requirements), facilities generating waste should consider using:

Have the technical capability to manage the waste in a manner that reduces

immediate and future impact to the environment

Have all required permits, certifications, and approvals, of applicable government authorities

Have been secured through the use of formal procurement agreements

In the absence of qualified commercial or government-owned waste disposal operators (taking into consideration proximity and transportation requirements), sub-project proponents or sub- borrowers should consider:

Installing on-site waste treatment or recycling processes As a final option, constructing facilities that will provide for the environmental sound

long- term storage of wastes on-site or at an alternative appropriate location up until external commercial options become available

8.2. Small Quantities of Hazardous Waste

Hazardous waste materials are frequently generated in small quantities by many projects through a variety of activities such as equipment and building maintenance activities. Examples of these types of wastes include: spent solvents and oily rags, empty paint cans, chemical containers; used lubricating oil; used batteries (such as nickel-cadmium or lead acid); and

5

lighting equipment, such as lamps or lamp ballasts. These wastes should be managed following the guidance provided in the above sections.

8.3. Monitoring

Monitoring activities associated with the management of hazardous and non-hazardous waste should include:

Regular visual inspection of all waste storage collection and storage areas for

evidence of accidental releases and to verify that wastes are properly labeled and stored. When significant quantities of hazardous wastes are generated and stored on site, monitoring activities should include:

Inspection of vessels for leaks, drips or other indications of loss

Identification of cracks, corrosion, or damage to tanks, protective equipment, or floors

Verification of locks, emergency valves, and other safety devices for easy operation (lubricating if required and employing the practice of keeping locks and safety equipment in standby position when the area is not occupied)

Checking the operability of emergency systems

Documentation of the results of testing for integrity, emissions, or monitoring stations (air, soil vapor, or groundwater)

Documentation of any changes to the storage facility, and any significant changes in the quantity of materials in storage

Regular audits of waste segregation and collection practices Tracking of waste generation trends by type and amount of waste generated,

preferably by facility departments Characterization of waste at the beginning of generation of a new waste stream,

and periodically document the characteristics and proper management of the waste, especially hazardous wastes

Keeping manifests or other records that document the amount of waste generated and its destination

Periodic audit of third party treatment and disposal services including re-use and recycle facilities when significant quantities of hazardous wastes are managed by third parties. Whenever possible, audits should include site visits to the treatment storage and disposal location

Regular monitoring of groundwater quality in cases of hazardous waste on site storage and/or pretreatment and disposal

Monitoring records for hazardous waste collected, stored, or shipped should include: o Name and identification number of the material(s) composing the hazardous waste o Physical state (i.e., solid, liquid, gaseous or a combination of one, or more, of

these) o Quantity (e.g., kilograms or liters, number of containers) o Waste shipment tracking documentation to include, quantity and type,

date dispatched, date transported and date received, record of the originator, the receive and the transporter

o Method and date of storing, repacking, treating, or disposing at the facility, cross- referenced to specific manifest document numbers applicable to the hazardous waste

6

o Location of each hazardous waste within the facility, and the quantity at each location

B. OCCUPATIONAL HEALTH AND SAFETY 1. Applicability and Approach

This section provides guidance and examples of reasonable precautions to implement in managing principal risks to occupational health and safety. Although the focus is placed on the operational phase of projects, much of the guidance also applies to construction and decommissioning activities. The sub-borrowers or sub-project proponents should hire contractors that have the technical capability to manage the occupational health and safety issues of their employees, extending the application of the hazard management activities through formal procurement agreements.

Preventive and protective measures should be introduced according to the following order of priority:

• Eliminate the hazard by removing the activity from the work process. Examples include substitution with less hazardous chemicals, using different manufacturing processes, etc;

• Control the hazard at its source through use of engineering controls. Examples include local exhaust ventilation, isolation rooms, machine guarding, acoustic insulating, etc;

• Minimize the hazard through design of safe work systems and administrative or institutional control measures. Examples include job rotation, training safe work procedures, lock-out and tag-out, workplace monitoring, limiting exposure or work duration, etc.

• Provide appropriate personal protective equipment (PPE) in conjunction with training, use, and maintenance of the PPE. The application of prevention and control measures to occupational hazards should be based on comprehensive job safety or job hazard analyses. The results of these analyses should be prioritized as part of an action plan based on the likelihood and severity of the consequence of exposure to the identified hazards. An example of a qualitative risk ranking or analysis matrix to help identify priorities is described in Table 2.1.1.

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2. General Facility Design and Operation

2.1. The sub-borrower, sub-project proponent, contractor and operator should comply with the local building and fire code. 2.2. Integrity of Workplace Structures

Permanent and recurrent places of work should be designed and equipped to protect OHS:

• Surfaces, structures and installations should be easy to clean and maintain, and not allow for accumulation of hazardous compounds.

• Buildings should be structurally safe, provide appropriate protection against the climate, and have acceptable light and noise conditions.

• Fire resistant, noise-absorbing materials should, to the extent feasible, be used for cladding on ceilings and walls.

• Floors should be level, even, and non-skid.

• Heavy oscillating, rotating or alternating equipment should be located in dedicated buildings or structurally isolated sections. 2.3. Severe Weather and Facility Shutdown

• Work place structures should be designed and constructed to withstand the expected

elements for the region and have an area designated for safe refuge, if appropriate.

• Standard Operating Procedures (SOPs) should be developed for project or process shut-down, including an evacuation plan. Drills to practice the procedure and plan should also be undertaken annually. 2.4. Workspace and Exit

• The space provided for each worker, and in total, should be adequate for safe execution

of all activities, including transport and interim storage of materials and products.

• Passages to emergency exits should be unobstructed at all times. Exits should be clearly marked to be visible in total darkness. The number and capacity of emergency exits should be sufficient for safe and orderly evacuation of the greatest number of people present at any time, and there should be a minimum two exits from any work area.

• Facilities also should be designed and built taking into account the needs of disabled

persons. 2.5. Fire Precautions

The workplace should be designed to prevent the start of fires through the implementation of fire codes applicable to industrial settings. Other essential measures include:

• Equipping facilities with fire detectors, alarm systems, and fire-fighting equipment. The

equipment should be maintained in good working order and be readily accessible. It should be adequate for the dimensions and use of the premises, equipment installed, physical and chemical properties of substances present, and the maximum number of people present.

8

• Provision of manual firefighting equipment that is easily accessible and simple to use

• Fire and emergency alarm systems that are both audible and visible

The IFC Life and Fire Safety Guideline should apply to buildings accessible to the public (See guidelines under Community Health and Safety) 2.6. Lavatories and Showers

• Adequate lavatory facilities (toilets and washing areas) should be provided for the number of people expected to work in the facility and allowances made for segregated facilities, or for indicating whether the toilet facility is “In Use” or “Vacant”. Toilet facilities should also be provided with adequate supplies of water, soap, and hand drying devices.

• Where workers may be exposed to substances poisonous by ingestion and skin contamination may occur, facilities for showering and changing into and out of street and work clothes should be provided. 2.7. Potable Water Supply

• Adequate supplies of potable drinking water should be provided with a sanitary means of

collecting the water for the purposes of drinking

• Water supplied to areas of food preparation or for the purpose of personal hygiene (washing or bathing) should meet applicable water quality standards (see Philippine RA 8275, the Philippine Clean Water Act and its Implementing Rules and Regulations) 2.8. Clean Eating Area

• Where there is potential for exposure to substances poisonous by ingestion, suitable arrangements are to be made for provision of clean eating areas where workers are not exposed to the hazardous or noxious substances 2.9. Lighting

• Workplaces should, to the degree feasible, receive natural light and be supplemented

with sufficient artificial illumination to promote workers’ safety and health, and enable safe equipment operation. Supplemental ‘task lighting’ may be required where specific visual acuity requirements should be met.

• Emergency lighting of adequate intensity should be installed and automatically activated upon failure of the principal artificial light source to ensure safe shut-down, evacuation, etc. 2.10. Safe Access

• Passageways for pedestrians and vehicles within and outside buildings should be segregated and provide for easy, safe, and appropriate access

• Equipment and installations requiring servicing, inspection, and/or cleaning should have unobstructed, unrestricted, and ready access

• Hand, knee and foot railings should be installed on stairs, fixed ladders, platforms, permanent and interim floor openings, loading bays, ramps, etc.

• Openings should be sealed by gates or removable chains

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• Covers should, if feasible, be installed to protect against falling items

• Measures to prevent unauthorized access to dangerous areas should be in place 2.11. First Aid

• The employer should ensure that qualified first-aid can be provided at all times.

Appropriately equipped first-aid stations should be easily accessible throughout the workplace

• Eye-wash stations and/or emergency showers should be provided close to all workstations where immediate flushing with water is the recommended first-aid response

• Where the scale of work or the type of activity being carried out so requires, dedicated and appropriately equipped first aid room(s) or stations should be provided. First aid stations and rooms should be equipped with gloves, gowns, and masks for protection against direct contact with blood and other body fluids

• Remote sites should have written emergency procedures in place for dealing with cases of trauma or serious illness up to the point at which patient care can be transferred to an appropriate medical facility. 2.12. Air Supply

• Sufficient fresh air should be supplied for indoor and confined work spaces. Factors to

be considered in ventilation design include physical activity, substances in use, and process-related emissions. Air distribution systems should be designed so as not to expose workers to draughts

• Mechanical ventilation systems should be maintained in good working order. Point- source exhaust systems required for maintaining a safe ambient environment should have local indicators of correct functioning.

• Re-circulation of contaminated air is not acceptable. Air inlet filters should be kept clean and free of dust and microorganisms. Heating, ventilation and air conditioning (HVAC) and industrial evaporative cooling systems should be equipped, maintained and operated so as to prevent growth and spreading of disease agents (e.g. Legionnella pneumophilia) or breeding of vectors (e.g. mosquitoes and flies) of public health concern. 2.13. Work Environment Temperature

• The temperature in the work area, rest room and other worker facilities should, during service hours, be maintained at a level appropriate for the purpose of the facility. 3. Communication and Training 3.1. Occupational Health and Safety (OHS) Training

• Provisions should be made to provide OHS orientation training to all new employees to ensure they are apprised of the basic site rules of work at / on the site and of personal protection and preventing injury to fellow employees

• Training should consist of basic hazard awareness, site-specific hazards, safe work practices, and emergency procedures for fire, evacuation, and natural disaster, as

10

appropriate. Any site-specific hazard or color coding in use should be thoroughly reviewed as part of orientation training. 3.2. Visitor Orientation

• If visitors to the site can gain access to areas where hazardous conditions or substances may be present, a visitor orientation and control program should be established to ensure visitors do not enter hazard areas unescorted. 3.3. New Task Employee and Contractor Training

• The employer should ensure that workers and contractors, prior to commencement of new assignments, have received adequate training and information enabling them to understand work hazards and to protect their health from hazardous ambient factors that may be present. The training should adequately cover: - Knowledge of materials, equipment, and tools - Known hazards in the operations and how they are controlled - Potential risks to health - Precautions to prevent exposure - Hygiene requirements - Wearing and use of protective equipment and clothing - Appropriate response to operation extremes, incident and accidents 3.4. Basic OHS Training

• A basic occupational training program and specialty courses should be provided, as needed, to ensure that workers are oriented to the specific hazards of individual work assignments. Training should generally be provided to management, supervisors, workers, and occasional visitors to areas of risks and hazards.

• Workers with rescue and first-aid duties should receive dedicated training so as not to inadvertently aggravate exposures and health hazards to themselves or their coworkers. Training would include the risks of becoming infected with blood–borne pathogens through contact with bodily fluids and tissue.

• Through appropriate contract specifications and monitoring, the employer should ensure that service providers, as well as contracted and subcontracted labor, are trained adequately before assignments begin. 3.5. Area Signage

• Hazardous areas (electrical rooms, compressor rooms, etc), installations, materials,

safety measures, and emergency exits, etc. should be marked appropriately.

• Signage should be in accordance with international standards and be well known to, and easily understood by workers, visitors and the general public as appropriate.

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3.6. Labeling of Equipment

• All vessels that may contain substances that are hazardous as a result of chemical or toxicological properties, or temperature or pressure, should be labeled as to the contents and hazard, or appropriately color coded.

• Similarly, piping systems that contain hazardous substances should be labeled with the direction of flow and contents of the pipe, or color coded whenever the pipe passing through a wall or floor is interrupted by a valve or junction device. 3.7. Communicate Hazard Codes

• Copies of the hazard coding system should be posted outside the facility at emergency entrance doors and fire emergency connection systems where they are likely to come to the attention of emergency services personnel.

• Information regarding the types of hazardous materials stored, handled or used at the facility, including typical maximum inventories and storage locations, should be shared proactively with emergency services and security personnel to expedite emergency response when needed.

• Representatives of local emergency and security services should be invited to participate in periodic (annual) orientation tours and site inspections to ensure familiarity with potential hazards present. 4. Physical Hazards

Physical hazards represent potential for accident or injury or illness due to repetitive exposure to mechanical action or work activity. Single exposure to physical hazards may result in a wide range of injuries, from minor and medical aid only, to disabling, catastrophic, and/or fatal. Multiple exposures over prolonged periods can result in disabling injuries of comparable significance and consequence. 4.1. Rotating and Moving Equipment Injury or death can occur from being trapped, entangled, or struck by machinery parts due to unexpected starting of equipment or unobvious movement during operations. Recommended protective measures include:

• Design machines to eliminate trap hazards and ensure that extremities are kept out of harm’s way under normal operating conditions. Examples of proper design considerations include two-hand operated machines to prevent amputations or the availability of emergency stops dedicated to the machine and placed in strategic locations. Where a machine or equipment has an exposed moving part or exposed pinch point that may endanger the safety of any worker, the machine or equipment should be equipped with, and protected by, a guard or other device that prevents access to the moving part or pinch point. Guards should be designed and installed in conformance with appropriate machine safety standards.

• Turn off, disconnect, isolate and de-energize (Locked Out and Tagged Out) machinery with exposed or guarded moving parts, or in which energy can be stored (e.g.

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compressed air, electrical components) during servicing or maintenance, in conformance with a standard such as CSA Z460 Lockout or equivalent ISO or ANSI standard

• Design and install equipment, where

feasible, to enable routine service, such as lubrication, without the removal of the guarding devices or mechanisms 4.2. Noise

Noise limits for different working environments are provided in Table 2.3.1.

• No employee should be exposed to a

noise level greater than 85 dB(A) for a duration of more than 8 hours per day without hearing protection. In addition, no unprotected ear should be exposed to a peak sound pressure level (instantaneous) of more than 140 dB(C).

• The use of hearing protection should be enforced actively when the equivalent sound level over 8 hours reaches 85 dB(A), the peak sound levels reach 140 dB(C), or the average maximum sound level reaches 110dB(A). Hearing protective devices provided should be capable of reducing sound levels at the ear to at least 85 dB(A).

• Although hearing protection is preferred for any period of noise exposure in excess of 85 dB(A), an equivalent level of protection can be obtained, but less easily managed, by limiting the duration of noise exposure. For every 3 dB(A) increase in sound levels, the ‘allowed’ exposure period or duration should be reduced by 50 percent.65

• Prior to the issuance of hearing protective devices as the final control mechanism, use of acoustic insulating materials, isolation of the noise source, and other engineering controls should be investigated and implemented, where feasible

• Periodic medical hearing checks should be performed on workers exposed to high noise levels 4.3. Vibration Exposure to hand-arm vibration from equipment such as hand and power tools, or whole-body vibrations from surfaces on which the worker stands or sits, should be controlled through choice of equipment, installation of vibration dampening pads or devices, and limiting the duration of exposure. Limits for vibration and action values, (i.e. the level of exposure at which remediation should be initiated) are provided by the ACGIH. Exposure levels should be checked on the basis of daily exposure time and data provided by equipment manufacturers.

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4.4. Electrical

Exposed or faulty electrical devices, such as circuit breakers, panels, cables, cords and hand tools, can pose a serious risk to workers. Overhead wires can be struck by metal devices, such as poles or ladders, and by vehicles with metal booms. Vehicles or grounded metal objects brought into close proximity with overhead wires can result in arcing between the wires and the object, without actual contact. Recommended actions include:

• Mark all energized electrical devices and lines with warning signs

• Lock out (de-charge and leave open with a controlled locking device) and tag-out (warning sign placed on the lock) devices during service or maintenance

• Check all electrical cords, cables, and hand power tools for frayed or exposed cords and following manufacturer recommendations for maximum permitted operating voltage of the portable hand tools

• Double insulate / ground all electrical equipment used in environments that are, or may become, wet; using equipment with ground fault interrupter (GFI) protected circuits

• Protect power cords and extension cords against damage from traffic by shielding or suspending above traffic areas

• Appropriately label service rooms housing high voltage equipment (‘electrical hazard’) and where entry is controlled or prohibited

• Establish “No Approach” zones around or under high voltage power lines in conformance with Table 2.3.2

• Rubber tired construction or other vehicles that come into direct contact with, or arcing between, high voltage wires may need to be taken out of service for periods of 48 hours and have the tires replaced to prevent catastrophic tire and wheel assembly failure, potentially causing serious injury or death

• Conduct detailed identification and marking of all buried electrical wiring prior to any excavation work

4.5. Eye Hazards

Solid particles from a wide variety of industrial operations, and / or a liquid chemical spray may strike a worker in the eye causing an eye injury or permanent blindness. Recommended measures include:

• Use of machine guards or splash shields and/or face and eye protection devices, such

as safety glasses with side shields, goggles, and/or a full face shield. Specific Safe Operating Procedures (SOPs) may be required for use of sanding and grinding tools and/or when working around liquid chemicals. Frequent checks of these types of

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equipment prior to use to ensure mechanical integrity is also good practice. Machine and equipment guarding should conform to standards published by organizations such as CSA, ANSI and ISO.

• Move areas where the discharge of solid fragments, liquid, or gaseous emissions can reasonably be predicted (e.g. discharge of sparks from a metal cutting station, pressure relief valve discharge) away from places expected to be occupied or transited by workers or visitors. Where machine or work fragments could present a hazard to transient workers or passers-by, extra area guarding or proximity restricting systems should be implemented, or PPE required for transients and visitors.

• Provisions should be made for persons who have to wear prescription glasses either through the use of overglasses or prescription hardened glasses. 4.6. Welding / Hot Work Welding creates an extremely bright and intense light that may seriously injure a worker’s eyesight. In extreme cases, blindness may result. Additionally, welding may produce noxious fumes to which prolonged exposure can cause serious chronic diseases. Recommended measures include:

• Provision of proper eye protection such as welder goggles and/or a full-face eye shield

for all personnel involved in, or assisting, welding operations. Additional methods may include the use of welding barrier screens around the specific work station (a solid piece of light metal, canvas, or plywood designed to block welding light from others). Devices to extract and remove noxious fumes at the source may also be required.

• Special hot work and fire prevention precautions and Standard Operating Procedures (SOPs) should be implemented if welding or hot cutting is undertaken outside established welding work stations, including ‘Hot Work Permits, stand-by fire extinguishers, stand-by fire watch, and maintaining the fire watch for up to one hour after welding or hot cutting has terminated. Special procedures are required for hotwork on tanks or vessels that have contained flammable materials. 4.7. Industrial Vehicle Driving and Site Traffic Poorly trained or inexperienced industrial vehicle drivers have increased risk of accident with other vehicles, pedestrians, and equipment. Industrial vehicles and delivery vehicles, as well as private vehicles on-site, also represent potential collision scenarios. Industrial vehicle driving and site traffic safety practices include:

• Train and license industrial vehicle operators in the safe operation of specialized

vehicles such as forklifts, including safe loading/unloading, load limits

• Ensure drivers undergo medical surveillance

• Ensure moving equipment with restricted rear visibility is outfitted with audible back-up alarms

• Establish rights-of-way, site speed limits, vehicle inspection requirements, operate rules and procedures (e.g. prohibit operation of forklifts with forks in down position), and control of traffic patterns or direction

• Restrict the circulation of delivery and private vehicles to defined routes and areas, giving preference to ‘one-way’ circulation, where appropriate

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4.8. Working Environment Temperature

Exposure to hot or cold working conditions in indoor or outdoor environments can result in temperature stress-related injury or death. Use of personal protective equipment (PPE) to protect against other occupational hazards can accentuate and aggravate heat-related illnesses. Extreme temperatures in permanent work environments should be avoided through implementation of engineering controls and ventilation. Where this is not possible, such as during short-term outdoor work, temperature-related stress management procedures should be implemented which include:

• Monitor weather forecasts for outdoor work to provide advance warning of extreme weather and scheduling work accordingly

• Adjustment of work and rest periods according to temperature stress management procedures provided by ACGIH, depending on the temperature and workloads

• Provide temporary shelters to protect against the elements during working activities or

for use as rest areas

• Worker to use protective clothing

• Provide easy access to adequate hydration such as drinking water or electrolyte drinks, and workers to avoid consumption of alcoholic beverages 4.9. Ergonomics, Repetitive Motion, Manual Handling

Injuries due to ergonomic factors, such as repetitive motion, overexertion, and manual handling, take prolonged and repeated exposures to develop, and typically require periods of weeks to months for recovery. These OHS problems should be minimized or eliminated to maintain a productive workplace. Controls may include:

• Facility and workstation design with 5th to 95th percentile operational and maintenance

workers in mind

• Use of mechanical assists to eliminate or reduce exertions required to lift materials, hold tools and work objects, and requiring multi-person lifts if weights exceed thresholds

• Select and design tools that reduce force requirements and holding times, and improve postures

• Provide user adjustable work stations

• Incorporate rest and stretch breaks into work processes, and conducting job rotation

• Implement quality control and maintenance programs that reduce unnecessary forces and exertions

• Take into consideration additional special conditions such as left handed persons 4.10. Working at Heights

Fall prevention and protection measures should be implemented whenever a worker is exposed to the hazard of falling more than two meters; into operating machinery; into water or other liquid; into hazardous substances; or through an opening in a work surface. Fall prevention / protection measures may also be warranted on a case-specific basis when there are risks of falling from lesser heights. Fall prevention may include:

• Installation of guardrails with mid-rails and toe boards at the edge of any fall hazard area

• Proper use of ladders and scaffolds by trained employees

16 • Use of fall prevention devices, including safety belt and lanyard travel limiting devices to prevent access to fall hazard area, or fall protection devices such as full body harnesses used in conjunction with shock absorbing lanyards or self-retracting inertial fall arrest devices attached to fixed anchor point or horizontal life-lines

• Appropriate training in use, serviceability, and integrity of the necessary PPE

• Inclusion of rescue and/or recovery plans, and equipment to respond to workers after an

arrested fall

4.11. Illumination Work area light intensity should be adequate for the general purpose of the location and type of activity, and should be supplemented with dedicated work station illumination, as needed. The minimum limits for illumination intensity for a range of locations/activities appear in Table 2.3.3. Controls should include:

• Use of energy efficient light sources with minimum heat emission

• Measures to eliminate glare / reflections and flickering of lights

• Precautions to minimize and control optical radiation including direct sunlight. Exposure to high intensity UV and IR radiation and high intensity visible light should also be controlled

• Control laser hazards in accordance with

equipment specifications, certifications, and recognized safety standards. The lowest feasible class laser should be applied to minimize risks. 5. Chemical Hazards Chemical hazards represent potential for illness or injury due to single acute exposure or chronic repetitive exposure to toxic, corrosive, sensitizing or oxidative substances. They also represent a risk of uncontrolled reaction, including the risk of fire and explosion, if incompatible chemicals are inadvertently mixed. Chemical hazards can most effectively be prevented through a hierarchical approach that includes:

• Replacement of the hazardous substance with a less hazardous substitute

• Implementation of engineering and administrative control measures to avoid or minimize the release of hazardous substances into the work environment keeping the level of exposure below internationally established or recognized limits

• Keep the number of employees exposed, or likely to become exposed, to a minimum

• Communicate chemical hazards to workers through labeling and marking according to national and internationally recognized requirements and standards, including the International Chemical Safety Cards (ICSC), Materials Safety Data Sheets (MSDS), or

17

equivalent. Any means of written communication should be in an easily understood language and be readily available to exposed workers and first-aid personnel

• Train workers in the use of the available information (such as MSDSs), safe work practices, and appropriate use of PPE. 5.1. Air Quality Poor air quality due to the release of contaminants into the work place can result in possible respiratory irritation, discomfort, or illness to workers. Employers should take appropriate measures to maintain air quality in the work area. These include:

• Maintain levels of contaminant dusts, vapors and gases in the work environment at concentrations below those recommended by the ACGIH as TWA-TLV’s (threshold limit value)—concentrations to which most workers can be exposed repeatedly (8 hours/day, 40 hrs/week, week-after-week), without sustaining adverse health effects.

• Develop and implement work practices to minimize release of contaminants into the work environment including: - Direct piping of liquid and gaseous materials - Minimized handling of dry powdered materials; - Enclosed operations - Local exhaust ventilation at emission / release points - Vacuum transfer of dry material rather than mechanical or pneumatic conveyance - Indoor secure storage, and sealed containers rather than loose storage

• Where ambient air contains several materials that have similar effects on the same body organs (additive effects), taking into account combined exposures using calculations recommended by the ACGIH

• Where work shifts extend beyond eight (8) hours, calculating adjusted workplace exposure criteria recommended by the ACGIH 5.2. Fire and Explosions Fires and or explosions resulting from ignition of flammable materials or gases can lead to loss of property as well as possible injury or fatalities to project workers. The sub-borrower, sub- project proponent, contractor and operator should comply with the local building and fire code. Fire and explosion prevention and control strategies include:

• Store flammables away from ignition sources and oxidizing materials. The flammables

storage area should be: - Remote from entry and exit points into buildings - Away from facility ventilation intakes or vents - Have natural or passive floor and ceiling level ventilation and explosion venting - Use spark-proof fixtures - Equipped with fire extinguishing devices and self-closing doors, and constructed of materials made to withstand flame impingement for a moderate period of time

18 • Provide bonding and grounding of, and between, containers and additional mechanical

floor level ventilation if materials are being, or could be, dispensed in the storage area

• Where the flammable material is mainly comprised of dust, provide electrical grounding, spark detection, and, if needed, quenching systems

• Define and label fire hazards areas to warn of special rules (e.g. prohibition in use of smoking materials, cellular phones, or other potential spark generating equipment)

• Provide specific worker training in handling of flammable materials, and in fire prevention

or suppression 5.3. Corrosive, oxidizing, and reactive chemicals

Corrosive, oxidizing, and reactive chemicals present similar hazards and require similar control measures as flammable materials. However, the added hazard of these chemicals is that inadvertent mixing or intermixing may cause serious adverse reactions. This can lead to the release of flammable or toxic materials and gases, and may lead directly to fires and explosions. These types of substances have the additional hazard of causing significant personal injury upon direct contact, regardless of any intermixing issues. The following controls should be observed in the work environment when handling such chemicals:

• Corrosive, oxidizing and reactive chemicals should be segregated from flammable

materials and from other chemicals of incompatible class (acids vs. bases, oxidizers vs. reducers, water sensitive vs. water based, etc.), stored in ventilated areas and in containers with appropriate secondary containment to minimize intermixing during spills

• Workers who are required to handle corrosive, oxidizing, or reactive chemicals should be provided with specialized training and provided with, and wear, appropriate PPE (gloves, apron, splash suits, face shield or goggles, etc).

• Where corrosive, oxidizing, or reactive chemicals are used, handled, or stored, qualified first-aid should be ensured at all times. Appropriately equipped first-aid stations should be easily accessible throughout the place of work, and eye-wash stations and/or emergency showers should be provided close to all workstations where the recommended first-aid response is immediate flushing with water 5.4. Asbestos Containing Materials (ACM)

The use of asbestos containing materials (ACM) should be avoided in new buildings or as a new material in remodeling or renovation activities. Existing facilities with ACM should develop an asbestos management plan which clearly identifies the locations where the ACM is present, its condition (e.g. whether it is in friable form with the potential to release fibers), procedures for monitoring its condition, procedures to access the locations where ACM is present to avoid damage, and training of staff who can potentially come into contact with the material to avoid damage and prevent exposure. The plan should be made available to all persons involved in operations and maintenance activities. Repair or removal and disposal of existing ACM in buildings should only be performed by specially trained personnel following host country requirements (www.osha.gov/SLTC/asbestos/training.html) or for the Philippines, see www.emb.gov.ph or denr.gov.ph) or in their absence, internationally recognized procedures such as those of the American Society for Testing and Materials (ASTM).

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6. Biological Hazards

Biological agents represent potential for illness or injury due to single acute exposure or chronic repetitive exposure. Biological hazards can be prevented most effectively by implementing the following measures:

• If the nature of the activity permits, use of any harmful biological agents should be

avoided and replaced with an agent that, under normal conditions of use, is not dangerous or less dangerous to workers. If use of harmful agents cannot be avoided, precautions should be taken to keep the risk of exposure as low as possible and maintained below internationally established and recognized exposure limits.

• Work processes, engineering, and administrative controls should be designed, maintained, and operated to avoid or minimize the release of biological agents into the working environment. The number of employees exposed or likely to become exposed should be kept at a minimum.

• The employer should review and assess known and suspected presence of biological agents at the place of work and implement appropriate safety measures, monitoring, training, and training verification programs.

• Measures to eliminate and control hazards from known and suspected biological agents at the place of work should be designed, implemented and maintained in close co- operation with the local health authorities and according to recognized international standards. Biological agents should be classified into four groups:

• Group 1: Biological agents unlikely to cause human disease, and consequently only

require controls similar to those required for hazardous or reactive chemical substances;

• Group 2: Biological agents that can cause human disease and are thereby likely to

require additional controls, but are unlikely to spread to the community;

• Group 3: Biological agents that can cause severe human disease, present a serious hazard to workers, and may present a risk of spreading to the community, for which there usually is effective prophylaxis or treatment available and are thereby likely to require extensive additional controls;

• Group 4: Biological agents that can cause severe human disease, are a serious hazard to workers, and present a high risk of spreading to the community, for which there is usually no effective prophylaxis or treatment available and are thereby likely to require very extensive additional controls. The employer should at all times encourage and enforce the highest level of hygiene and personal protection, especially for activities employing biological agents of Groups 3 and 4 above. Work involving agents in Groups 3 and 4 should be restricted only to those persons who have received specific verifiable training in working with and controlling such materials. Areas used for the handling of Groups 3 and 4 biological agents should be designed to enable their full segregation and isolation in emergency circumstances, include independent ventilation systems, and be subject to SOPs requiring routine disinfection and sterilization of the work surfaces.

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HVAC systems serving areas handling Groups 3 and 4 biological agents should be equipped with High Efficiency Particulate Air (HEPA) filtration systems. Equipment should readily enable their disinfection and sterilization, and maintained and operated so as to prevent growth and spreading of disease agents, amplification of the biological agents, or breeding of vectors e.g. mosquitoes and flies of public health concern.

7. Radiological Hazards Radiation exposure can lead to potential discomfort, injury or serious illness to workers. Prevention and control strategies include:

• Places of work involving occupational and/or natural exposure to ionizing radiation should be established and operated in accordance with recognized international safety standards and guidelines. The acceptable effective dose limits appear in Table 2.6.1.

• Exposure to non-ionizing radiation (including static magnetic fields; sub-radio frequency magnetic fields; static electric fields; radio frequency and microwave radiation; light and near-infrared radiation; and ultraviolet radiation) should be controlled to internationally recommended limits.

• In the case of both ionizing and non-ionizing radiation, the preferred method for controlling exposure is shielding and limiting the radiation source. Personal protective equipment is supplemental only or for emergency use. Personal protective equipment for near-infrared, visible and ultraviolet range radiation can include appropriate sun block creams, with or without appropriate screening clothing.

8. Personal Protective Equipment (PPE) Personal Protective Equipment (PPE) provides additional protection to workers exposed to workplace hazards in conjunction with other facility controls and safety systems.

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PPE is considered to be a last resort that is above and beyond the other facility controls and provides the worker with an extra level of personal protection. Table 2.7.1 presents general examples of occupational hazards and types of PPE available for different purposes. Recommended measures for use of PPE in the workplace include:

• Active use of PPE if alternative technologies, work plans or procedures cannot eliminate,

or sufficiently reduce, a hazard or exposure

• Identification and provision of appropriate PPE that offers adequate protection to the worker, co-workers, and occasional visitors, without incurring unnecessary inconvenience to the individual

• Proper maintenance of PPE, including cleaning when dirty and replacement when damaged or worn out. Proper use of PPE should be part of the recurrent training programs for employees

• Selection of PPE should be based on the hazard and risk ranking described earlier in this section, and selected according to criteria on performance and testing established by recognized organizations. 9. Special Hazard Environments Special hazard environments are work situations where all of the previously described hazards may exist under unique or especially hazardous circumstances. Accordingly, extra precautions or rigor in application of precautions is required. 9.1. Confined Space A confined space is defined as a wholly or partially enclosed space not designed or intended for human occupancy and in which a hazardous atmosphere could develop as a result of the contents, location or construction of the confined space or due to work done in or around the confined space. A “permit-required” confined space is one that also contains physical or atmospheric hazards that could trap or engulf the person. Confined spaces can occur in enclosed or open structures or locations. Serious injury or fatality can result from inadequate preparation to enter a confined space or in attempting a rescue from a confined space. Recommended management approaches include:

• Engineering measures should be implemented to eliminate, to the degree feasible, the

existence and adverse character of confined spaces.

• Permit-required confined spaces should be provided with permanent safety measures for venting, monitoring, and rescue operations, to the extent possible. The area adjoining an access to a confined space should provide ample room for emergency and rescue operations.

• Access hatches should accommodate 90% of the worker population with adjustments for tools and protective clothing. The most current ISO and EN standards should be consulted for design specifications;

• Prior to entry into a permit-required confined space:

- Process or feed lines into the space should be disconnected or drained, and blanked and locked-out. - Mechanical equipment in the space should be disconnected, de-energized, locked- out, and braced, as appropriate.

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- The atmosphere within the confined space should be tested to assure the oxygen content is between 19.5 percent and 23 percent, and that the presence of any flammable gas or vapor does not exceed 25 percent of its respective Lower Explosive Limit (LEL). - If the atmospheric conditions are not met, the confined space should be ventilated until the target safe atmosphere is achieved, or entry is only to be undertaken with appropriate and additional PPE.

• Safety precautions should include Self Contained Breathing Apparatus (SCBA), life lines, and safety watch workers stationed outside the confined space, with rescue and first aid equipment readily available.

• Before workers are required to enter a permit-required confined space, adequate and appropriate training in confined space hazard control, atmospheric testing, use of the necessary PPE, as well as the serviceability and integrity of the PPE should be verified. Further, adequate and appropriate rescue and / or recovery plans and equipment should be in place before the worker enters the confined space. 9.2. Lone and Isolated Workers A lone and isolated worker is a worker out of verbal and line of sight communication with a supervisor, other workers, or other persons capable of providing aid and assistance, for continuous periods exceeding one hour. The worker is therefore at increased risk should an accident or injury occur.

• Where workers may be required to perform work under lone or isolated circumstances,

Standard Operating Procedures (SOPs) should be developed and implemented to ensure all PE and safety measures are in place before the worker starts work. SOPs should establish, at a minimum, verbal contact with the worker at least once every hour, and ensure the worker has a capability for summoning emergency aid.

• If the worker is potentially exposed to highly toxic or corrosive chemicals, emergency eye-wash and shower facilities should be equipped with audible and visible alarms to summon aid whenever the eye-wash or shower is activated by the worker and without intervention by the worker. 10. Monitoring Occupational health and safety monitoring programs should verify the effectiveness of prevention and control strategies. The selected indicators should be representative of the most significant occupational, health, and safety hazards, and the implementation of prevention and control strategies. The occupational health and safety monitoring program should include:

• Safety inspection, testing and calibration: This should include regular inspection and

testing of all safety features and hazard control measures focusing on engineering and personal protective features, work procedures, places of work, installations, equipment, and tools used. The inspection should verify that issued PPE continues to provide adequate protection and is being worn as required. All instruments installed or used for monitoring and recording of working environment parameters should be regularly tested and calibrated, and the respective records maintained.

23 • Surveillance of the working environment: Employers should document compliance using

an appropriate combination of portable and stationary sampling and monitoring instruments. Monitoring and analyses should be conducted according to internationally recognized methods and standards. Monitoring methodology, locations, frequencies, and parameters should be established individually for each project following a review of the hazards. Generally, monitoring should be performed during commissioning of facilities or equipment and at the end of the defect and liability period, and otherwise repeated according to the monitoring plan.

• Surveillance of workers health: When extraordinary protective measures are required (for example, against biological agents Groups 3 and 4, and/or hazardous compounds), workers should be provided appropriate and relevant health surveillance prior to first exposure, and at regular intervals thereafter. The surveillance should, if deemed necessary, be continued after termination of the employment.

• Training: Training activities for employees and visitors should be adequately monitored and documented (curriculum, duration, and participants). Emergency exercises, including fire drills, should be documented adequately. Service providers and contractors should be contractually required to submit to the employer adequate training documentation before start of their assignment. 11. Accidents and Diseases monitoring

• The employer should comply with rules and regulations pertaining to occupational health and safety of the Philippine Department of Labor and Employment and the Department of Health

• The employer should establish procedures and systems for reporting and recording occupational accidents and diseases and dangerous occurrences and incidents. These systems should enable workers to report immediately to their immediate supervisor any situation they believe presents a serious danger to life or health.

• The systems and the employer should further enable and encourage workers to report to management all (1) occupational injuries and near misses, (2) suspected cases of occupational disease and (3) dangerous occurrences and incidents

• All reported occupational accidents, occupational diseases, dangerous occurrences, and

incidents together with near misses should be investigated with the assistance of a person knowledgeable/competent in occupational safety. The investigation should: - Establish what happened - Determine the cause of what happened - Identify measures necessary to prevent a recurrence

• Occupational accidents and diseases should, at a minimum, be classified according to Table 2.9.1. Distinction is made between fatal and non-fatal injuries. The two main categories are

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divided into three sub-categories according to time of death or duration of the incapacity to work. The total work hours during the specified reporting period should be reported to the appropriate regulatory agency.

C. COMMUNITY HEALTH AND SAFETY2

This section addresses some aspects of the sub-project activities which might not be within the direct impact areas of the sub-projects or which might be indirect impacts of the sub-project. These issues may arise at any stage of a subproject life cycle and may have impacts even after the life of the subproject.

1. Water Quality and Availability The subproject activities involving wastewater discharges, water extraction, diversion or impoundment should prevent adverse impacts to the quality and availability of groundwater and surface water resources. Extensive community consultations regarding water supply that might or shall be affected by the subproject should be conducted. 1.1. Water Quality Drinking water sources, whether public or private, should at all times be protected so that they meet or exceed applicable national acceptability standards, i.e., RA 9275, the Philippine Clean Water Act of 2004 and its Implementing Rules and Regulations (IRR) or the current edition of WHO Guidelines for Drinking-Water Quality. Wastewater effluents are also covered under RA 9275. Where the subproject includes the delivery of water to the community or to users of facility infrastructure (such as hotel hosts and hospital patients), where water may be used for drinking, cooking, washing, and bathing, water quality should comply with RA 9275 and its IRR. Water quality for more sensitive well-being-related demands such as water used in health care facilities or food production may require more stringent, industry-specific guidelines or standards, as applicable. 1.2. Water Availability The potential effect of groundwater or surface water abstraction for project activities should be properly assessed through a combination of field testing and modeling techniques, accounting for seasonal variability and projected changes in demand in the project area. Project activities should not compromise the availability of water for personal hygiene needs and should take account of potential future increases in demand. The overall target should be the availability of 100 liters per person per day although lower levels may be used to meet basic health requirements (WHO, 2003). Water volume requirements for well-being-related demands such as water use in health care facilities may need to be higher.

2

Synthesized from the IFC-World Bank Group, Environmental, Health and Safety Guidelines 3.0- Community Health

and Safety, April 30, 2007 and RA 9275 and other Philippine environmental laws and regulations.

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2. Structural Safety of Project Infrastructure

Hazards posed to the public while accessing project facilities may include:

• Physical trauma associated with failure of building structures

• Burns and smoke inhalation from fires

• Injuries suffered as a consequence of falls or contact with heavy equipment

• Respiratory distress from dust, fumes, or noxious odors

• Exposure to hazardous materials Reduction of potential hazards is best accomplished during the design phase when the structural design, layout and site modifications can be adapted more easily. The following issues should be considered and incorporated into the planning, siting, and design phases of a project:

• Inclusion of buffer strips or other methods of physical separation around project sites to protect the public from major hazards associated with hazardous materials incidents or process failure, as well as nuisance issues related to noise, odors, or other emissions

• Incorporation of siting and safety engineering criteria to prevent failures due to natural risks posed by earthquakes, tsunamis, wind, flooding, landslides and fire. To this end, all project structures should be designed in accordance with engineering and design criteria mandated by site-specific risks, including but not limited to seismic activity, slope stability, wind loading, and other dynamic loads

• Application of locally regulated or internationally recognized building codes80 to ensure structures are designed and constructed in accordance with sound architectural and engineering practice, including aspects of fire prevention and response

• Engineers and architects responsible for designing and constructing facilities, building, plants and other structures should certify the applicability and appropriateness of the structural criteria employed as per the Philippine building code. International codes, such as those compiled by the International Code Council (ICC), are intended to regulate the design, construction, and maintenance of a built environment and contain detailed guidance on all aspects of building safety, encompassing methodology, best practices, and documenting compliance. Depending on the nature of a project, guidance provided in the ICC or comparable codes such as the Philippine building and fire codes and regulations of the Housing and Land Use Regulatory Board and local zoning ordinances should be followed, as appropriate, with respect to the following: existing structures, soils and foundations, site grading, structural design, specific requirements based on intended use and occupancy, accessibility and means of egress, types of construction, roof design and construction, fire-resistant construction, flood-resistant construction, construction materials, interior environment, mechanical, plumbing and electrical systems, elevators and conveying systems, fire safety systems, safeguards during construction and encroachments into public right-of-way. Although major design changes may not be feasible during the operation phase of a project, hazard analysis can be undertaken to identify opportunities to reduce the consequences of a failure or accident. Illustrative management actions, applicable to hazardous materials storage and use, include:

26 • Reducing inventories of hazardous materials through inventory management and process changes to greatly reduce or eliminate the potential off-site consequences of a release

• Modifying process or storage conditions to reduce the potential consequences of an

accidental off-site release

• Improving shut-down and secondary containment to reduce the amount of material escaping from containment and to reduce the release duration

• Reducing the probability that releases will occur through improved site operations and control, and through improvements in maintenance and inspection

• Reducing off-site impacts of releases through measures intended to contain explosions and fires, alert the public, provide for evacuation of surrounding areas, establish safety zones around a site, and ensure the provision of emergency medical services to the public 3. Life and Fire Safety (L&FS) 3.1. Applicability and Approach

All new buildings accessible to the public should be designed, constructed, and operated in full compliance with the Philippine building code and fire code and other local legal/insurance requirements, and in accordance with an internationally accepted life and fire safety (L&FS)

standard. The Life Safety Code3, which provides extensive documentation on life and fire safety provisions, is one example of an internationally accepted standard and may be used to document compliance with the Life and Fire Safety objectives outlined in these guidelines. With regard to these objectives:

• Project sponsors’ architects and professional consulting engineers should demonstrate that affected buildings meet these life and fire safety objectives.

• Life and fire safety systems and equipment should be designed and installed using appropriate prescriptive standards and/or performance based design, and sound engineering practices.

• Life and fire safety design criteria for all existing buildings should incorporate all local building codes and fire department regulations. These guidelines apply to buildings that are accessible to the public. Examples of such buildings include: health and education facilities, hotels, convention centers, and leisure facilities, retail and commercial facilities and airports, other public transport terminals and transfer facilities. 3.2. Specific Requirements for New Buildings The nature and extent of life and fire safety systems required will depend on the building type, structure, construction, occupancy, and exposures. Subproject proponents or their contractors should prepare a Life and Fire Safety Master Plan identifying major fire risks, applicable codes, standards and regulations, and mitigation measures. The Master Plan should be prepared by a suitably qualified professional, and adequately cover, but not be limited to, the issues addressed 3

US NFPA. http://www.nfpa.org/catalog/product.asp?category%5Fname=&pid=10106&target%

5Fpid=10106&src%5Fpid=&link%5Ftype=search

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briefly in the following points. The suitably qualified professional selected to prepare the Master Plan is responsible for a detailed treatment of the following and all other required, issues.

• Fire Prevention. This addresses the identification of fire risks and ignition sources,

and measures needed to limit fast fire and smoke development. These issues include fuel load and control of combustibles, ignition sources, interior finish flame spread characteristics, interior finish smoke production characteristics and human acts, and housekeeping and maintenance.

• Means of Egress. This includes all design measures that facilitate a safe evacuation by residents and/or occupants in case of fire or other emergency, such as: clear, unimpeded escape routes, accessibility to the impaired/handicapped, marking and signing and emergency lighting.

• Detection and Alarm Systems. These systems encompass all measures, including communication and public address systems needed to detect a fire and alert: building staff, emergency response teams, occupants and civil defense.

• Compartmentation. This involves all measures to prevent or slow the spread of fire and smoke, including: separations, fire walls, floors, doors, dampers and smoke control systems.

• Fire Suppression and Control. These include all automatic and manual fire protection installations, such as: automatic sprinkler systems, manual portable extinguishers and fire hose reels.

• Emergency Response Plan. This is a set of scenario–based procedures to assist staff and emergency response teams during real life emergency and training exercises. This should include an assessment of local fire prevention and suppression capabilities.

• Operation and Maintenance. This involves preparing schedules for mandatory

regular maintenance and testing of life and fire safety features to ensure that mechanical, electrical, and civil structures and systems are at all times in conformance with life and fire safety design criteria and required operational readiness. 3.3. L&FS Master Plan Review and Approval

• A suitably qualified professional prepares and submits a Life and Fire Safety (L&FS)

Master Plan, including preliminary drawings and specifications, and certifies that the design meets the requirements of these L&FS guidelines. The findings and recommendations of the review are then used to establish the conditions of a Corrective Action Plan and a time frame for implementing the changes.

• The suitably qualified professional conducts a review as part of the project completion test at the time of life and fire safety systems testing and commissioning, and certifies that construction of these systems has been carried out in accordance with the accepted design. The findings and recommendations of the review are used as the basis for

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establishing project completion or to establish the conditions of a Pre-Completion Corrective Action Plan and a time frame for implementing the changes. 3.4. Specific Requirements for Existing Buildings

• All life and fire safety guideline requirements for new buildings apply to existing buildings programmed for renovation. A suitably qualified professional conducts a complete life and fire safety review of existing buildings slated for renovation. The findings and recommendations of the review are used as the basis to establish the scope of work of a Corrective Action Plan and a time frame for implementing the changes.

• If it becomes apparent that life and fire safety conditions are deficient in an existing building that is not part of the project or that has not been programmed for renovation, a life and fire safety review of the building may be conducted by a suitably qualified professional. The findings and recommendations of the review are used as the basis to establish the scope of work of a Corrective Action Plan and a time frame for implementing the changes. 3.5. Other Hazards

• Facilities, buildings, plants, and structures should be situated to minimize potential risks from forces of nature (e.g. earthquakes, tsunamis, floods, windstorms, and fires from surrounding areas).

• All such structures should be designed in accordance with the criteria mandated by situation-, climatic-, and geology-specific location risks (e.g. seismic activity, wind loading, and other dynamic loads).

• Structural engineers and architects responsible for facilities, buildings, plants and structures should certify the applicability and appropriateness of the design criteria employed.

• The Philippine building code and fire code contain further compliance requirements with respect to methodology, practice, testing, and other codes and standards. 4. Traffic Safety

All subproject personnel should promote traffic safety during displacement to and from the workplace, and during operation of project equipment on private or public roads. Prevention and control of traffic related injuries and fatalities should include the adoption of safety measures that are protective of project workers and of road users, including those who are most vulnerable to road traffic accidents. Road safety initiatives proportional to the scope and nature of subproject activities should include:

• Adoption of best transport safety practices across all aspects of subproject operations with the goal of preventing traffic accidents and minimizing injuries suffered by subproject personnel and the public. Measures should include: - Emphasizing safety aspects among drivers - Improving driving skills and requiring licensing of drivers - Adopting limits for trip duration and arranging driver rosters to avoid overtiredness - Avoiding dangerous routes and times of day to reduce the risk of accidents

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- Use of speed control devices (governors) on trucks, and remote monitoring of driver actions

• Regular maintenance of vehicles and use of manufacturer approved parts to minimize

potentially serious accidents caused by equipment malfunction or premature failure. Where the subproject may contribute to a significant increase in traffic along existing roads, or where road transport is a significant component of a project, recommended measures include:

• Minimizing pedestrian interaction with construction vehicles

• Collaboration with local communities and responsible authorities to improve signage, visibility and overall safety of roads, particularly along stretches located near schools or other locations where children may be present. Collaborating with local communities on education about traffic and pedestrian safety (e.g. school education campaigns)

• Coordination with emergency responders to ensure that appropriate first aid is provided in the event of accidents

• Using locally sourced materials, whenever possible, to minimize transport distances.

Locating associated facilities such as worker camps close to project sites and arranging worker bus transport to minimizing external traffic

• Employing safe traffic control measures, including road signs and flag persons to warn of dangerous conditions 5. Transport of Hazardous Materials General Hazardous Materials Transport 5.1. General Hazardous Materials Transport

• Projects should have procedures in place that ensure compliance with local laws and

international requirements applicable to the transport of hazardous materials, including: - IATA requirements for air transport (www.iata.org) - IMDG Code sea transport (www.imo.org/safety) - UN Model Regulations of other international standards - RA 6969, the Philippine Toxic Substances and Hazardous and Nuclear Waste Control Act and its Implementing Rules and Regulations - Host-country commitments under the Basel Convention on the Control of Transboundary Movements of Hazardous Waste and their disposal and Rotterdam Convention on the prior Inform Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade, if applicable to the project activities

• The procedures for transportation of hazardous materials (Hazmats) should be in accordance with RA 6969 and its IRR and should include: - Proper labeling of containers, including the identify and quantity of the contents, hazards, and shipper contact information - Providing a shipping document (e.g. shipping manifest) that describes the contents of the load and its associated hazards in addition to the labeling of the containers. The shipping document should establish a chain-of-custody using multiple signed copies to show that the waste was properly shipped, transported and received by the recycling or treatment/disposal facility

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- Ensuring that the volume, nature, integrity and protection of packaging and containers used for transport are appropriate for the type and quantity of hazardous material and modes of transport involved - Ensuring adequate transport vehicle specifications - Training employees involved in the transportation of hazardous materials regarding proper shipping procedures and emergency procedures - Using labeling and placarding (external signs on transport vehicles), as required - Providing the necessary means for emergency response on call 24 hours/day 5.2. Major Transportation Hazards

In addition to these aforementioned procedures, projects which transport hazardous materials at or above the threshold quantities should prepare a Hazardous Materials Transportation Plan containing all of the elements presented below:4

• Hazard Assessment. This should identify the potential hazards involved in the

transportation of hazardous materials by reviewing:

• The hazard characteristics of the substances identified during the screening stage;

• The history of accidents, both by the company and its contractors, involving hazardous materials transportation; and

• The existing criteria for the safe transportation of hazardous materials, including environmental management systems used by the company and its contractors. The review should cover the management actions, preventive measures and emergency response procedures described below. The hazard assessment helps to determine what additional measures may be required to complete the plan.

• Management Actions

- Management of Change: These procedures should address: the technical basis for changes in hazardous materials offered for transportation, routes and/or procedures, the potential impact of changes on health and safety, modification required to operating procedures, authorization requirements, employees affected and training needs. - Compliance Audit: This evaluates compliance with prevention requirements for each transportation route or for each hazardous material, as appropriate. A compliance audit covering each element of the prevention measures (see below) should be conducted at least every three years. The audit program should include: - Preparation of a report of the findings - Determination and documentation of the appropriate response to each finding - Documentation that any deficiency has been corrected

4

Refer to RA 6969 and its IRR and the IFC Hazardous Materials Transportation Manual. Washington, D.C. December 2000.

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- Incident Investigation: Incidents can provide valuable information about transportation hazards and the steps needed to prevent accidental releases. The implementation of incident investigation procedures should ensure that: - Investigations are initiated promptly - Summaries of investigations are included in a report - Report findings and recommendations are addressed - Reports are reviewed with staff and contractors

- Employee Participation: There should be a written plan of action regarding the implementation of active employee participation in the prevention of accidents. - Contractors: The plan should include procedures to ensure that:

- The contractor is provided with safety performance procedures and safety and hazard information - Contractors observe safety practices - Verify that the contractor acts responsibly The plan should also include additional procedures to ensure the contractors will:

- Ensure appropriate training for their employees - Ensure their employees know process hazards and applicable emergency actions - Prepare and submit training records - Inform employees about the hazards presented by their work - Training: This should include the following: list of employees to be trained, specific training objectives, mechanisms to achieve objectives (i.e. hands-on workshops, videos, etc.), means to determine the effectiveness of the training program and training procedures for new hires and refresher programs.

• Preventive Measures. The plan should include procedures to implement preventive measures specific to each hazardous material offered for transportation, including: - Classification and segregation of hazardous materials in warehouses and transport units - Packaging and packaging testing - Marking and labeling of packages containing hazardous materials - Handling and securing packages containing hazardous materials in transport units - Marking and placarding of transport units - Documentation (e.g. bills of lading) - Application of special provisions, as appropriate

• Emergency Preparedness and Response. The subproject proponent or its contractor should prepare an Emergency Preparedness and Response Plan that should cover the following:

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- Planning Coordination: This should include procedures for: informing the public and emergency response agencies, documenting first aid and emergency medical treatment, taking emergency response actions and reviewing and updating the emergency response plan to reflect changes and ensuring that the employees are informed of such changes. - Emergency Equipment: The plan should include procedures for using, inspecting, testing, and maintaining emergency response equipment. - Training: Employees should be trained in any relevant procedures. 6. Disease Prevention Communicable Diseases 6.1. Communicable Diseases Recommended interventions at the project level include:

• Providing surveillance and active screening and treatment of workers

• Preventing illness among workers in local communities by: - Undertaking health awareness and education initiatives, for example, by implementing an information strategy to reinforce person-to-person counseling addressing systemic factors that can influence individual behavior as well as promoting individual protection, and protecting others from infection, by encouraging condom use - Training health workers in disease treatment - Conducting immunization programs for workers in local communities to improve health and guard against infection - Providing health services

• Providing treatment through standard case management in on-site or community health care facilities. Ensuring ready access to medical treatment, confidentiality and appropriate care, particularly with respect to migrant workers

• Promoting collaboration with local authorities to enhance access of workers families and the community to public health services and promote immunization. 6.2. Vector-Borne Diseases

Subproject proponents or their contractor, in close collaboration with community health authorities, can implement an integrated control strategy for mosquito and other arthropod- borne diseases involving:

• Prevention of larval and adult propagation through sanitary improvements and

elimination of breeding habitats close to human settlements

• Elimination of unusable impounded water

• Increase in water velocity in natural and artificial channels

• Considering the application of residual insecticide to dormitory walls or workers quarters

• Implementation of integrated vector control programs

33 • Promoting use of repellents, clothing, netting, and other barriers to prevent insect bites

• Use of chemoprophylaxis drugs by non-immune workers and collaborating with public health officials to help eradicate disease reservoirs

• Monitoring and treatment of circulating and migrating populations to prevent disease reservoir spread

• Collaboration and exchange of in-kind services with other control programs in the project area to maximize beneficial effects

• Educating project personnel and area residents on risk prevention, and available treatment

• Monitoring communities during high-risk seasons to detect and treat cases

• Distributing appropriate education materials

• Following safety guidelines for the storage, transport, and distribution of pesticides to minimize the potential for misuse, spills, and accidental human exposure 7. Emergency Preparedness and Response

All subprojects should have an Emergency Preparedness and Response Plan that is commensurate with the risks of the facility and that includes the following basic elements:

• Administration (policy, purpose, distribution, definitions, etc)

• Organization of emergency areas (command centers, medical stations, etc)

• Roles and responsibilities

• Communication systems

• Emergency response procedures

• Emergency resources

• Training and updating

• Checklists (role and action list and equipment checklist)

• Business Continuity and Contingency Key components of the emergency plan include the following: 7.1. Communication Systems

• Worker Notification and Communication. Alarm bells, visual alarms, or other

forms of communication should be used to reliably alert workers to an emergency. Related measures include: - Testing warning systems at least annually (fire alarms monthly), and more frequently if required by local regulations, equipment, or other considerations - Installing a back-up system for communications on-site with off-site resources, such as fire departments, in the event that normal communication methods may be inoperable during an emergency

• Community Notification. If a local community may be at risk from a potential emergency arising at the facility, the company should implement communication measures to alert the community, such as:

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- Audible alarms, such as fire bells or sirens - Fan out telephone call lists - Vehicle mounted speakers - Communicating details of the nature of the emergency - Communicating protection options (evacuation, quarantine) - Providing advise on selecting an appropriate protection option

• Media and Agency Relations. Emergency information should be

communicated to the media through: - A trained, local spokesperson able to interact with relevant stakeholders, and offer guidance to the company for speaking to the media, government, and other agencies - Written press releases with accurate information, appropriate level of detail for the emergency, and for which accuracy can be guaranteed 7.2. Emergency Resources

• Finance and Emergency Funds. A mechanism should be provided for funding

emergency activities.

• Fire Services. The subproject proponent or its contractor should consider the level of local fire fighting capacity and whether equipment is available for use at the facility in the event of a major emergency or natural disaster. If insufficient capacity is available, fire fighting capacity should be acquired that may include pumps, water supplies, trucks, and training for personnel.

• Medical Services. The company should provide first aid attendants for the

facility as well as medical equipment suitable for the personnel, type of operation, and the degree of treatment likely to be required prior to transportation to hospital.

• Availability of Resources. Appropriate measures for managing the availability

of resources in case of an emergency include: - Maintaining a list of external equipment, personnel, facilities, funding, expert knowledge, and materials that may be required to respond to emergencies. The list should include personnel with specialized expertise for spill clean-up, flood control, engineering, water treatment, environmental science, etc., or any of the functions required to adequately respond to the identified emergency - Providing personnel who can readily call up resources, as required - Tracking and managing the costs associated with emergency resources - Considering the quantity, response time, capability, limitations, and cost of these resources, for both site-specific emergencies, and community or

regional emergencies - Considering if external resources are unable to provide sufficient capacity during a regional emergency and whether additional resources may need

to be maintained on-site

35 • Mutual Aid. Mutual aid agreements decrease administrative confusion and provide a clear basis for response by mutual aid providers. Where appropriate, mutual aid agreements should be maintained with other organizations to allow for sharing of personnel and specialized equipment.

• Contact List. The subproject proponent should develop a list of contact

information for all internal and external resources and personnel. The list should include the name, description, location, and contact details (telephone, email) for each of the resources, and be maintained annually. 7.3. Training and Updating

The emergency preparedness facilities and emergency response plans require maintenance, review, and updating to account for changes in equipment, personnel, and facilities. Training programs and practice exercises provide for testing systems to ensure an adequate level of emergency preparedness. Programs should:

• Identify training needs based on the roles and responsibilities, capabilities and

requirements of personnel in an emergency

• Develop a training plan to address needs, particularly for fire fighting, spill response, and evacuation

• Conduct annual training, at least, and perhaps more frequent training when the response includes specialized equipment, procedures, or hazards, or when otherwise mandated

• Provide training exercises to allow personnel the opportunity to test emergency preparedness, including: - Desk top exercises with only a few personnel, where the contact lists are tested and the facilities and communication assessed - Response exercises, typically involving drills that allow for testing of equipment and logistics - Debrief upon completion of a training exercise to assess what worked well and what aspects require improvement - Update the plan, as required, after each exercise. Elements of the plan subject to significant change (such as contact lists) should be replaced - Record training activities and the outcomes of the training 7.4. Business Continuity and Contingency Measures to address business continuity and contingency include:

• Identifying replacement supplies or facilities to allow business continuity following an emergency. For example, alternate sources of water, electricity, and fuel are commonly sought.

• Using redundant or duplicate supply systems as part of facility operations to increase the likelihood of business continuity.

• Maintaining back-ups of critical information in a secure location to expedite the return to normal operations following an emergency.

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D. CONSTRUCTION AND DECOMMISSIONING 1. Applicability and Approach This section provides additional, specific guidance on prevention and control of community health and safety impacts that may occur during new project development, at the end of the project life-cycle, or due to expansion or modification of existing project facilities. 2. Environment 2.1. Noise and Vibration

During construction and decommissioning activities, noise and vibration may be caused by the operation of pile drivers, earth moving and excavation equipment, concrete mixers, cranes and the transportation of equipment, materials and people. Some recommended noise reduction and control strategies to consider in areas close to community areas include:

• Plan activities in consultation with local communities so that activities with the greatest potential to generate noise are planned during periods of the day that will result in least disturbance

• Using noise control devices, such as temporary noise barriers and deflectors for impact and blasting activities, and exhaust muffling devices for combustion engines.

• Avoid or minimize project transportation through community areas 2.2. Soil Erosion Soil erosion may be caused by exposure of soil surfaces to rain and wind during site clearing, earth moving, and excavation activities. The mobilization and transport of soil particles may, in turn, result in sedimentation of surface drainage networks, which may result in impacts to the quality of natural water systems and ultimately the biological systems that use these waters. Recommended soil erosion and water system management approaches include: 2.2.1. Sediment mobilization and transport

• Reduce or prevent erosion by:

- Scheduling to avoid heavy rainfall periods (i.e., during the dry season) to the extent practical - Contouring and minimizing length and steepness of slopes - Mulching to stabilize exposed areas - Re-vegetating areas promptly - Designing channels and ditches for post-construction flows - Lining steep channel and slopes (e.g. use jute matting)

• Reduce or prevent off-site sediment transport through use of settlement ponds, silt fences, and water treatment, and modify or suspend activities during extreme rainfall and high winds to the extent practical.

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2.2.2. Clean runoff management

• Segregate or divert clean water runoff to prevent it mixing with water containing a high solids content, to minimize the volume of water to be treated prior to release 2.2.3. Road design

• Limit access road gradients to reduce runoff-induced erosion

• Provide adequate road drainage based on road width, surface material, compaction, and maintenance 2.2.4. Disturbance to water bodies

• Depending on the potential for adverse impacts, install free-spanning structures (e.g., single span bridges) for road watercourse crossings

• Restrict the duration and timing of in-stream activities to lower low periods, and avoid periods critical to biological cycles of valued flora and fauna (e.g., migration, spawning, etc.)

• For in-stream works, using isolation techniques such as berming or diversion during construction to limit the exposure of disturbed sediments to moving water

• Consider using trenchless technology for pipeline crossings (e.g., suspended crossings)

or installation by directional drilling 2.2.5. Structural (slope) stability

• Provide effective short term measures for slope stabilization, sediment control and subsidence control until long term measures for the operational phase can be implemented

• Provide adequate drainage systems to minimize and control infiltration 2.3. Air Quality Construction and decommissioning activities may generate emission of fugitive dust caused by a combination of on-site excavation and movement of earth materials, contact of construction machinery with bare soil, and exposure of bare soil and soil piles to wind. A secondary source of emissions may include exhaust from diesel engines of earth moving equipment, as well as from open burning of solid waste on-site. Techniques to consider for the reduction and control of air emissions from construction and decommissioning sites include:

• Minimize dust from material handling sources, such as conveyors and bins, by using covers and/or control equipment (water suppression, bag house, or cyclone)

• Minimize dust from open area sources, including storage piles, by using control measures such as installing enclosures and covers, and increase the moisture content

• Dust suppression techniques should be implemented, such as applying water or non- toxic chemicals to minimize dust from vehicle movements

• Selectively remove potential hazardous air pollutants, such as asbestos, from existing

infrastructure prior to demolition

• Manage emissions from mobile sources

38 • Comply with RA 9003 or the Ecological Solid Waste Management Act and its Implementing Rules and Regulations

• Avoid open burning of solids (refer to guidance on solid waste management) 2.4. Solid Waste Non-hazardous solid waste generated at construction and decommissioning sites includes excess fill materials from grading and excavation activities, scrap wood and metals, and small concrete spills. Other non-hazardous solid wastes include office, kitchen, and dormitory wastes when these types of operations are part of construction project activities. Hazardous solid waste includes contaminated soils, which could potentially be encountered on-site due to previous land use activities, or small amounts of machinery maintenance materials, such as oily rags, used oil filters, and used oil, as well as spill cleanup materials from oil and fuel spills. Techniques for preventing and controlling nonhazardous and hazardous construction site solid waste include those already discussed in Section A on General Waste Management. 2.5. Hazardous Materials Construction and decommissioning activities may pose the potential for release of petroleum based products, such as lubricants, hydraulic fluids, or fuels during their storage, transfer, or use in equipment. These materials may also be encountered during decommissioning activities in building components or industrial process equipment. The sub-borrower, contractor and operator should comply with Philippine Republic Act 6969 or the Toxic Substances and Hazardous ad Nuclear Waste Control Act. Techniques for prevention, minimization, and control of these impacts include:

• Provide adequate secondary containment for fuel storage tanks and for the temporary

storage of other fluids such as lubricating oils and hydraulic fluids

• Use impervious surfaces for refueling areas and other fluid transfer areas

• Train workers on the correct transfer and handling of fuels and chemicals and the response to spills

• Provide portable spill containment and cleanup equipment on site and train in the equipment deployment

• Assess the contents of hazardous materials and petroleum-based products in building systems (e.g. PCB containing electrical equipment, asbestos-containing building materials) and process equipment and removing them prior to initiation of decommissioning activities, and manage their treatment and disposal according to Section A on General Waste Management: Hazardous Materials and Hazardous Waste Management and Philippine RA 6969 and

• Assess the presence of hazardous substances in or on building materials (e.g., polychlorinated biphenyls, asbestos containing flooring or insulation) and decontaminate or properly manage contaminated building materials 2.6. Wastewater Discharges

Construction and decommissioning activities may include the generation of sanitary wastewater discharges in varying quantities depending on the number of workers involved. Adequate portable or permanent sanitation facilities serving all workers should be provided at all construction sites. Sanitary wastewater in construction and other sites should be managed in

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compliance with Philippine Republic Act 9275, the Philippine Clean Water Act of 2004 and its Implementing Rules and Regulations, DAO 10-2005. 2.7. Contaminated Land Land contamination may be encountered in sites under construction or decommissioning due to known or unknown historical releases of hazardous materials or oil or due to the presence of abandoned infrastructure formerly used to store or handle these materials, including underground storage tanks. Actions necessary to manage the risk from contaminated land will depend on factors such as the level and location of contamination, the type and risks of the contaminated media, and the intended land use. However, a basic management strategy should include:

• Manage contaminated media with the objective of protecting the safety and health of occupants of the site, the surrounding community, and the environment post construction or post decommissioning

• Understand the historical use of the land with regard to the potential presence of hazardous materials or oil prior to initiation of construction or decommissioning activities

• Prepare plans and procedures to respond to the discovery of contaminated media to minimize or reduce the risk to health, safety, and the environment consistent with Section A and RA 6969 and its Implementing Rules and Regulations.

• Preparation of a management plan to manage obsolete, abandoned, hazardous materials or oil consistent with the approach to hazardous waste management described in Section A and in accordance with RA 6969 and its IRR.

Successful implementation of any management strategy may require identification and cooperation with whoever is responsible and liable for the contamination. 3. Occupational Health and Safety 3.1. Over-exertion Over-exertion, and ergonomic injuries and illnesses, such as repetitive motion, over-exertion, and manual handling, are among the most common causes of injuries in construction and decommissioning sites. Recommendations for their prevention and control include:

• Training of workers in lifting and materials handling techniques in construction and decommissioning projects, including the placement of weight limits above which mechanical assists or two-person lifts are necessary

• Plan work site layout to minimize the need for manual transfer of heavy loads

• Select tools and design work stations that reduce force requirements and holding times, and which promote improved postures, including, where applicable, user adjustable work stations

• Implement administrative controls into work processes, such as job rotations and rest or stretch breaks

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3.2. Slips and Falls

Slips and falls on the same elevation associated with poor housekeeping, such as excessive waste debris, loose construction materials, liquid spills, and uncontrolled use of electrical cords and ropes on the ground, are also among the most frequent cause of lost time accidents at construction and decommissioning sites. Recommended methods for the prevention of slips and falls from, or on, the same elevation include:

• Implement good house-keeping practices, such as the sorting and placing loose construction materials or demolition debris in established areas away from foot paths

• Clean up excessive waste debris and liquid spills regularly

• Locate electrical cords and ropes in common areas and marked corridors

• Use of slip retardant footwear 3.3. Work in Heights

Falls from elevation associated with working with ladders, scaffolding, and partially built or demolished structures are among the most common cause of fatal or permanent disabling injury at construction or decommissioning sites. If fall hazards exist, a fall protection plan should be in place which includes one or more of the following aspects, depending on the nature of the fall hazard:

• Training and use of temporary fall prevention devices, such as rails or other barriers able to support a weight of 200 pounds, when working at heights equal or greater than two meters or at any height if the risk includes falling into operating machinery, into water or other liquid, into hazardous substances, or through an opening in a work surface

• Training and use of personal fall arrest systems, such as full body harnesses and energy absorbing lanyards able to support 5000 pounds, as well as fall rescue procedures to deal with workers whose fall has been successfully arrested. The tie in point of the fall arresting system should also be able to support 5000 pounds.

• Use of control zones and safety monitoring systems to warn workers of their proximity to fall hazard zones, as well as securing, marking, and labeling covers for openings in floors, roofs, or walking surfaces 3.4. Struck By Objects

Construction and demolition activities may pose significant hazards related to the potential fall of materials or tools, as well as ejection of solid particles from abrasive or other types of power tools which can result in injury to the head, eyes, and extremities. Techniques for the prevention and control of these hazards include:

• Use a designated and restricted waste drop or discharge zones, and/or a chute for safe

movement of wastes from upper to lower levels

• Conduct sawing, cutting, grinding, sanding, chipping or chiseling with proper guards and

anchoring as applicable

• Maintain clear traffic ways to avoid driving of heavy equipment over loose scrap

• Use of temporary fall protection measures in scaffolds and out edges of elevated work surfaces, such as hand rails and toe boards to prevent materials from being dislodged

41 • Evacuate work areas during blasting operations, and using blast mats or other means of deflection to minimize fly rock or ejection of demolition debris if work is conducted in proximity to people or structures

• Wear appropriate PPE, such as safety glasses with side shields, face shields, hard hats,

and safety shoes 3.5. Moving Machinery Vehicle traffic and use of lifting equipment in the movement of machinery and materials on a construction site may pose temporary hazards, such as physical contact, spills, dust, emissions, and noise. Heavy equipment operators have limited fields of view close to their equipment and may not see pedestrians close to the vehicle. Center-articulated vehicles create a significant impact or crush hazard zone on the outboard side of a turn while moving. Techniques for the prevention and control of these impacts include:

• Plan and segregate the location of vehicle traffic, machine operation, and walking areas, and control vehicle traffic through the use of one-way traffic routes, establishment of speed limits, and on-site trained flag-people wearing high-visibility vests or outer clothing covering to direct traffic

• Ensure the visibility of personnel through their use of high visibility vests when working in or walking through heavy equipment operating areas, and train workers to verify eye contact with equipment operators before approaching the operating vehicle

• Ensure moving equipment is outfitted with audible back-up alarms

• Use inspected and well-maintained lifting devices that are appropriate for the load, such as cranes, and securing loads when lifting them to higher job-site elevations. 3.6. Dust

• Dust suppression techniques should be implemented, such as applying water or non- toxic chemicals to minimize dust from vehicle movements

• PPE, such as dusk masks, should be used where dust levels are excessive 3.7. Confined Spaces and Excavations

Examples of confined spaces that may be present in construction or demolition sites include: silos, vats, hoppers, utility vaults, tanks, sewers, pipes, and access shafts. Ditches and trenches may also be considered a confined space when access or egress is limited. In addition to the guidance provided in Section B on Special Hazard Environments, the occupational hazards associated with confined spaces and excavations in construction and decommissioning sites should be prevented according to the following recommendations:

• Control site-specific factors which may contribute to excavation slope instability

including, for example, the use of excavation dewatering, side-walls support, and slope gradient adjustments that eliminate or minimize the risk of collapse, entrapment, or drowning

• Provide safe means of access and egress from excavations, such as graded slopes, graded access route, or stairs and ladders

• Avoid the operation of combustion equipment for prolonged periods inside excavations areas where other workers are required to enter unless the area is actively ventilated

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3.8. Other Site Hazards

Construction and decommissioning sites may pose a risk of exposure to dust, chemicals, hazardous or flammable materials, and wastes in a combination of liquid, solid, or gaseous forms, which should be prevented through the implementation of project-specific plans and other applicable management practices, including:

• Use of specially trained personnel to identify and remove waste materials from tanks, vessels, processing equipment or contaminated land as a first step in decommissioning activities to allow for safe excavation, construction, dismantling or demolition

• Use of specially trained personnel to identify and selectively remove potentially hazardous materials in building elements prior to dismantling or demolition including, for example, insulation or structural elements containing asbestos and Polychlorinated Biphenyls (PCBs), electrical components containing mercury (see RA 6969 and its IRR)

• Use of waste-specific PPE based on the results of an occupational health and safety assessment, including respirators, clothing/protective suits, gloves and eye protection

4. Community Health and Safety 4.1. General Site Hazards Projects should implement risk management strategies to protect the community from physical, chemical, or other hazards associated with sites under construction and decommissioning. Risks may arise from inadvertent or intentional trespassing, including potential contact with hazardous materials, contaminated soils and other environmental media, buildings that are vacant or under construction, or excavations and structures which may pose falling and entrapment hazards. Risk management strategies may include:

• Restrict access to the site, through a combination of institutional and administrative controls, with a focus on high risk structures or areas depending on site-specific situations, including fencing, signage, and communication of risks to the local community

• Remove hazardous conditions on construction sites that cannot be controlled affectively with site access restrictions, such as covering openings to small confined spaces, ensuring means of escape for larger openings such as trenches or excavations, or locked storage of hazardous materials 4.2. Disease Prevention

Increased incidence of communicable and vector-borne diseases attributable to construction activities represents a potentially serious health threat to project personnel and residents of local communities. Recommendations for the prevention and control of communicable and vector-borne diseases also applicable to construction phase activities are provided in Section C on Community Health and Safety: Disease Prevention. 4.3. Traffic Safety

Construction activities may result in a significant increase in movement of heavy vehicles for the transport of construction materials and equipment increasing the risk of traffic-related accidents

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and injuries to workers and local communities. The incidence of road accidents involving project vehicles during construction should be minimized through a combination of education and awareness-raising, and the adoption of procedures described in Section C on Community Health and Safety: Traffic Safety.

ANNEX 7

SAFEGUARDS PROCEDURES FOR INCLUSION IN THE TECHNICAL SPECIFICATIONS FOR CONTRACTS: GENERAL ENVIRONMENTAL CODES OF PRACTICE:

ENVIRONMENT, HEALTH AND SAFETY, CONSTRUCTION AND DECOMMISSIONING1

A. GENERAL WASTE MANAGEMENT The sub-borrower, contractor and operator of the sub-project should comply with (1) Republic Act (RA) 9003 or the Ecological Solid Waste Management Act and its Implementing Rules and Regulations (IRR) and (2) for toxic and hazardous wastes, RA 6969 or the Toxic Substances and Hazardous and Nuclear Wastes Control Act and its IRR (www.emb.gov.ph). Waste management should be addressed through a waste management system that addresses issues linked to waste minimization, generation, transport, disposal, and monitoring. 1. Waste Management Planning Facilities that generate waste should characterize their waste according to composition, source, types of wastes produced, generation rates, or according to local regulatory requirements. Effective planning and implementation of waste management strategies should include:

• Review of new waste sources during planning, siting, and design activities, including during equipment modifications and process alterations, to identify expected waste generation, pollution prevention opportunities, and necessary treatment, storage, and disposal infrastructure

• Collection of data and information about the process and waste streams in existing facilities, including characterization of waste streams by type, quantities, and potential use/disposition

• Establishment of priorities based on a risk analysis that takes into account the potential EHS risks during the waste cycle and the availability of infrastructure to manage the waste in an environmentally sound manner

• Definition of opportunities for source reduction, as well as reuse and recycling

• Definition of procedures and operational controls for onsite storage

• Definition of options / procedures / operational controls for treatment and final disposal 2. Waste Prevention Processes should be designed and operated to prevent, or minimize, the quantities of wastes generated and hazards associated with the wastes generated in accordance with the following strategy:

1

Synthesized and consolidated from the IFC, World Bank Group- Environmental, Health and Safety Guidelines, April

30, 2007, Philippine PD 1586, RA 6969, RA 8749, RA 9003 and RA 9275.

2 • Substitute raw materials or inputs with less hazardous or toxic materials, or with those

where processing generates lower waste volumes

• Apply manufacturing processes that convert materials efficiently, provide higher product output yields, including modification of design of the production process, operating conditions, and process controls (Lean Manufacturing, see http://www.epa.gov/epaoswer/hazwaste/minimize/lean.htm)

• Institute good housekeeping and operating practices, including inventory control to reduce the amount of waste resulting from materials that are out-of-date, off- specification, contaminated, damaged, or excess to plant needs

• Institute procurement measures that recognize opportunities to return usable materials such as containers and which prevent the over ordering of materials

• Minimize hazardous waste generation by implementing stringent waste segregation to prevent the commingling of non-hazardous and hazardous waste to be managed 3. Recycling and Reuse In addition to the implementation of waste prevention strategies, the total amount of waste may be significantly reduced through the implementation of recycling plans, which should consider the following elements:

• Evaluation of waste production processes and identification of potentially recyclable

materials

• Identification and recycling of products that can be reintroduced into the manufacturing process or industry activity at the site

• Investigation of external markets for recycling by other industrial processing operations

located in the neighborhood or region of the facility (e.g., waste exchange)

• Establish recycling objectives and formal tracking of waste generation and recycling rates

• Provide training and incentives to employees in order to meet objectives 4. Treatment and Disposal If waste materials are still generated after the implementation of feasible waste prevention, reduction, reuse, recovery and recycling measures, waste materials should be treated and disposed of and all measures should be taken to avoid potential impacts to human health and the environment. Selected management approaches should be consistent with the characteristics of the waste and local regulations, and may include one or more of the following:

• On-site or off-site biological, chemical, or physical treatment of the waste material to render it nonhazardous prior to final disposal

• Treatment or disposal at permitted facilities specially designed to receive the waste. Examples include: composting operations for organic non-hazardous wastes; properly designed, permitted and operated landfills designed for the respective type of waste; or other methods known to be effective in the safe, final disposal of waste materials such as bioremediation.

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5. Hazardous Waste Management

Hazardous wastes should always be segregated from nonhazardous wastes. If generation of hazardous waste cannot be prevented through the implementation of the above general waste management practices, its management should focus on the prevention of harm to health, safety, and the environment, according to the following additional principles:

• Understanding potential impacts and risks associated with the management of any generated hazardous waste during its complete life cycle

• Ensuring that contractors handling, treating, and disposing of hazardous waste are reputable and legitimate enterprises, licensed by the relevant regulatory agencies and following good international industry practice for the waste being handled

• Ensuring compliance with applicable local and international regulations such as the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes (www.basel.int/) and the Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemical and Pesticides in International Trade (www.pic.int/) 6. Waste Storage

Hazardous waste should be stored so as to prevent or control accidental releases to air, soil, and water resources in area location where:

• Waste is stored in a manner that prevents the commingling or contact between incompatible wastes, and allows for inspection between containers to monitor leaks or spills. Examples include sufficient space between incompatibles or physical separation such as walls or containment curbs

• Store in closed containers away from direct sunlight, wind and rain

• Secondary containment systems should be constructed with materials appropriate for the wastes being contained and adequate to prevent loss to the environment

• Secondary containment is included wherever liquid wastes are stored in volumes greater than 220 liters. The available volume of secondary containment should be at least 110 percent of the largest storage container, or 25 percent of the total storage capacity (whichever is greater), in that specific location

• Provide adequate ventilation where volatile wastes are stored. Hazardous waste storage activities should also be subject to special management actions, conducted by employees who have received specific training in handling and storage of hazardous wastes:

• Provision of readily available information on chemical compatibility to employees, including labeling each container to identify its contents

• Limit access to hazardous waste storage areas to employees who have received proper training

• Clearly identify (label) and demarcating the area, including documentation of its location on a facility map or site plan

• Conduct periodic inspections of waste storage areas and documenting the findings

• Prepare and implement spill response and emergency plans to address their accidental release

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• Avoid underground storage tanks and underground piping of hazardous waste 7. Transportation On-site and Off-site transportation of waste should be conducted so as to prevent or minimize spills, releases, and exposures to employees and the public. All waste containers designated for off-site shipment should be secured and labeled with the contents and associated hazards, be properly loaded on the transport vehicles before leaving the site, and be accompanied by a shipping paper (i.e., manifest) that describes the load and its associated hazards, consistent with RA 6969 and its Implementing Rules and Regulations, the IATA requirements for air transport (www.iata.org), the IMDG Code for sea transport (www.imo.org/safety), the UN Model Regulations of other international standards and local requirements for land transport and host country commitments under the Control of Transboundary Movements of Hazardous Wastes (www.basel.int/) and the Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemical and Pesticides in International Trade (www.pic.int/). 8. Treatment and Disposal of Hazardous Wastes

In addition to the recommendations for treatment and disposal applicable to general wastes, the following issues specific to hazardous wastes should be considered: 8.1. Commercial or Government Waste Contractors

In the absence of qualified commercial or government-owned waste vendors (taking into consideration proximity and transportation requirements), facilities generating waste should consider using:

• Have the technical capability to manage the waste in a manner that reduces immediate

and future impact to the environment

• Have all required permits, certifications, and approvals, of applicable government

authorities

• Have been secured through the use of formal procurement agreements In the absence of qualified commercial or government-owned waste disposal operators (taking into consideration proximity and transportation requirements), sub-project proponents or sub- borrowers should consider:

• Installing on-site waste treatment or recycling processes

• As a final option, constructing facilities that will provide for the environmental sound long- term storage of wastes on-site or at an alternative appropriate location up until external commercial options become available 8.2. Small Quantities of Hazardous Waste Hazardous waste materials are frequently generated in small quantities by many projects through a variety of activities such as equipment and building maintenance activities. Examples of these types of wastes include: spent solvents and oily rags, empty paint cans, chemical containers; used lubricating oil; used batteries (such as nickel-cadmium or lead acid); and

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lighting equipment, such as lamps or lamp ballasts. These wastes should be managed following the guidance provided in the above sections. 8.3. Monitoring

Monitoring activities associated with the management of hazardous and non-hazardous waste should include:

• Regular visual inspection of all waste storage collection and storage areas for evidence

of accidental releases and to verify that wastes are properly labeled and stored. When significant quantities of hazardous wastes are generated and stored on site, monitoring activities should include: - Inspection of vessels for leaks, drips or other indications of loss - Identification of cracks, corrosion, or damage to tanks, protective equipment, or floors - Verification of locks, emergency valves, and other safety devices for easy operation (lubricating if required and employing the practice of keeping locks and safety equipment in standby position when the area is not occupied) - Checking the operability of emergency systems - Documentation of the results of testing for integrity, emissions, or monitoring stations (air, soil vapor, or groundwater) - Documentation of any changes to the storage facility, and any significant changes in the quantity of materials in storage

• Regular audits of waste segregation and collection practices

• Tracking of waste generation trends by type and amount of waste generated, preferably by facility departments

• Characterization of waste at the beginning of generation of a new waste stream, and periodically document the characteristics and proper management of the waste, especially hazardous wastes

• Keeping manifests or other records that document the amount of waste generated and

its destination

• Periodic audit of third party treatment and disposal services including re-use and recycle facilities when significant quantities of hazardous wastes are managed by third parties. Whenever possible, audits should include site visits to the treatment storage and disposal location

• Regular monitoring of groundwater quality in cases of hazardous waste on site storage and/or pretreatment and disposal

• Monitoring records for hazardous waste collected, stored, or shipped should include:

- Name and identification number of the material(s) composing the hazardous waste - Physical state (i.e., solid, liquid, gaseous or a combination of one, or more, of these) - Quantity (e.g., kilograms or liters, number of containers) - Waste shipment tracking documentation to include, quantity and type, date dispatched, date transported and date received, record of the originator, the receiver and the transporter - Method and date of storing, repacking, treating, or disposing at the facility, cross- referenced to specific manifest document numbers applicable to the hazardous waste

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- Location of each hazardous waste within the facility, and the quantity at each location B. OCCUPATIONAL HEALTH AND SAFETY 1. Applicability and Approach

This section provides guidance and examples of reasonable precautions to implement in managing principal risks to occupational health and safety. Although the focus is placed on the operational phase of projects, much of the guidance also applies to construction and decommissioning activities. The sub-borrowers or sub-project proponents should hire contractors that have the technical capability to manage the occupational health and safety issues of their employees, extending the application of the hazard management activities through formal procurement agreements.

Preventive and protective measures should be introduced according to the following order of priority:

• Eliminate the hazard by removing the activity from the work process. Examples include substitution with less hazardous chemicals, using different manufacturing processes, etc;

• Control the hazard at its source through use of engineering controls. Examples include local exhaust ventilation, isolation rooms, machine guarding, acoustic insulating, etc;

• Minimize the hazard through design of safe work systems and administrative or institutional control measures. Examples include job rotation, training safe work procedures, lock-out and tag-out, workplace monitoring, limiting exposure or work duration, etc.

• Provide appropriate personal protective equipment (PPE) in conjunction with training, use, and maintenance of the PPE. The application of prevention and control measures to occupational hazards should be based on comprehensive job safety or job hazard analyses. The results of these analyses should be prioritized as part of an action plan based on the likelihood and severity of the consequence of exposure to the identified hazards. An example of a qualitative risk ranking or analysis matrix to help identify priorities is described in Table 2.1.1.

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2. General Facility Design and Operation

2.1. The sub-borrower, sub-project proponent, contractor and operator should comply with the local building and fire code. 2.2. Integrity of Workplace Structures

Permanent and recurrent places of work should be designed and equipped to protect OHS:

• Surfaces, structures and installations should be easy to clean and maintain, and not allow for accumulation of hazardous compounds.

• Buildings should be structurally safe, provide appropriate protection against the climate, and have acceptable light and noise conditions.

• Fire resistant, noise-absorbing materials should, to the extent feasible, be used for cladding on ceilings and walls.

• Floors should be level, even, and non-skid.

• Heavy oscillating, rotating or alternating equipment should be located in dedicated buildings or structurally isolated sections. 2.3. Severe Weather and Facility Shutdown

• Work place structures should be designed and constructed to withstand the expected

elements for the region and have an area designated for safe refuge, if appropriate.

• Standard Operating Procedures (SOPs) should be developed for project or process shut-down, including an evacuation plan. Drills to practice the procedure and plan should also be undertaken annually. 2.4. Workspace and Exit

• The space provided for each worker, and in total, should be adequate for safe execution

of all activities, including transport and interim storage of materials and products.

• Passages to emergency exits should be unobstructed at all times. Exits should be clearly marked to be visible in total darkness. The number and capacity of emergency exits should be sufficient for safe and orderly evacuation of the greatest number of people present at any time, and there should be a minimum two exits from any work area.

• Facilities also should be designed and built taking into account the needs of disabled

persons. 2.5. Fire Precautions

The workplace should be designed to prevent the start of fires through the implementation of fire codes applicable to industrial settings. Other essential measures include:

• Equipping facilities with fire detectors, alarm systems, and fire-fighting equipment. The

equipment should be maintained in good working order and be readily accessible. It should be adequate for the dimensions and use of the premises, equipment installed, physical and chemical properties of substances present, and the maximum number of people present.

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• Provision of manual firefighting equipment that is easily accessible and simple to use

• Fire and emergency alarm systems that are both audible and visible

The IFC Life and Fire Safety Guideline should apply to buildings accessible to the public (See guidelines under Community Health and Safety) 2.6. Lavatories and Showers

• Adequate lavatory facilities (toilets and washing areas) should be provided for the number of people expected to work in the facility and allowances made for segregated facilities, or for indicating whether the toilet facility is “In Use” or “Vacant”. Toilet facilities should also be provided with adequate supplies of water, soap, and hand drying devices.

• Where workers may be exposed to substances poisonous by ingestion and skin contamination may occur, facilities for showering and changing into and out of street and work clothes should be provided. 2.7. Potable Water Supply

• Adequate supplies of potable drinking water should be provided with a sanitary means of

collecting the water for the purposes of drinking

• Water supplied to areas of food preparation or for the purpose of personal hygiene (washing or bathing) should meet applicable water quality standards (see Philippine RA 8275, the Philippine Clean Water Act and its Implementing Rules and Regulations) 2.8. Clean Eating Area

• Where there is potential for exposure to substances poisonous by ingestion, suitable arrangements are to be made for provision of clean eating areas where workers are not exposed to the hazardous or noxious substances 2.9. Lighting

• Workplaces should, to the degree feasible, receive natural light and be supplemented

with sufficient artificial illumination to promote workers’ safety and health, and enable safe equipment operation. Supplemental ‘task lighting’ may be required where specific visual acuity requirements should be met.

• Emergency lighting of adequate intensity should be installed and automatically activated upon failure of the principal artificial light source to ensure safe shut-down, evacuation, etc. 2.10. Safe Access

• Passageways for pedestrians and vehicles within and outside buildings should be segregated and provide for easy, safe, and appropriate access

• Equipment and installations requiring servicing, inspection, and/or cleaning should have unobstructed, unrestricted, and ready access

• Hand, knee and foot railings should be installed on stairs, fixed ladders, platforms, permanent and interim floor openings, loading bays, ramps, etc.

• Openings should be sealed by gates or removable chains

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• Covers should, if feasible, be installed to protect against falling items

• Measures to prevent unauthorized access to dangerous areas should be in place 2.11. First Aid

• The employer should ensure that qualified first-aid can be provided at all times.

Appropriately equipped first-aid stations should be easily accessible throughout the workplace

• Eye-wash stations and/or emergency showers should be provided close to all workstations where immediate flushing with water is the recommended first-aid response

• Where the scale of work or the type of activity being carried out so requires, dedicated and appropriately equipped first aid room(s) or stations should be provided. First aid stations and rooms should be equipped with gloves, gowns, and masks for protection against direct contact with blood and other body fluids

• Remote sites should have written emergency procedures in place for dealing with cases of trauma or serious illness up to the point at which patient care can be transferred to an appropriate medical facility. 2.12. Air Supply

• Sufficient fresh air should be supplied for indoor and confined work spaces. Factors to

be considered in ventilation design include physical activity, substances in use, and process-related emissions. Air distribution systems should be designed so as not to expose workers to draughts

• Mechanical ventilation systems should be maintained in good working order. Point- source exhaust systems required for maintaining a safe ambient environment should have local indicators of correct functioning.

• Re-circulation of contaminated air is not acceptable. Air inlet filters should be kept clean and free of dust and microorganisms. Heating, ventilation and air conditioning (HVAC) and industrial evaporative cooling systems should be equipped, maintained and operated so as to prevent growth and spreading of disease agents (e.g. Legionnella pneumophilia) or breeding of vectors (e.g. mosquitoes and flies) of public health concern. 2.13. Work Environment Temperature

• The temperature in the work area, rest room and other worker facilities should, during service hours, be maintained at a level appropriate for the purpose of the facility. 3. Communication and Training 3.1. Occupational Health and Safety (OHS) Training

• Provisions should be made to provide OHS orientation training to all new employees to ensure they are apprised of the basic site rules of work at / on the site and of personal protection and preventing injury to fellow employees

• Training should consist of basic hazard awareness, site-specific hazards, safe work practices, and emergency procedures for fire, evacuation, and natural disaster, as

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appropriate. Any site-specific hazard or color coding in use should be thoroughly reviewed as part of orientation training. 3.2. Visitor Orientation

• If visitors to the site can gain access to areas where hazardous conditions or substances may be present, a visitor orientation and control program should be established to ensure visitors do not enter hazard areas unescorted. 3.3. New Task Employee and Contractor Training

• The employer should ensure that workers and contractors, prior to commencement of new assignments, have received adequate training and information enabling them to understand work hazards and to protect their health from hazardous ambient factors that may be present. The training should adequately cover: - Knowledge of materials, equipment, and tools - Known hazards in the operations and how they are controlled - Potential risks to health - Precautions to prevent exposure - Hygiene requirements - Wearing and use of protective equipment and clothing - Appropriate response to operation extremes, incident and accidents 3.4. Basic OHS Training

• A basic occupational training program and specialty courses should be provided, as needed, to ensure that workers are oriented to the specific hazards of individual work assignments. Training should generally be provided to management, supervisors, workers, and occasional visitors to areas of risks and hazards.

• Workers with rescue and first-aid duties should receive dedicated training so as not to inadvertently aggravate exposures and health hazards to themselves or their coworkers. Training would include the risks of becoming infected with blood–borne pathogens through contact with bodily fluids and tissue.

• Through appropriate contract specifications and monitoring, the employer should ensure that service providers, as well as contracted and subcontracted labor, are trained adequately before assignments begin. 3.5. Area Signage

• Hazardous areas (electrical rooms, compressor rooms, etc), installations, materials,

safety measures, and emergency exits, etc. should be marked appropriately.

• Signage should be in accordance with international standards and be well known to, and easily understood by workers, visitors and the general public as appropriate.

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3.6. Labeling of Equipment

• All vessels that may contain substances that are hazardous as a result of chemical or toxicological properties, or temperature or pressure, should be labeled as to the contents and hazard, or appropriately color coded.

• Similarly, piping systems that contain hazardous substances should be labeled with the direction of flow and contents of the pipe, or color coded whenever the pipe passing through a wall or floor is interrupted by a valve or junction device. 3.7. Communicate Hazard Codes

• Copies of the hazard coding system should be posted outside the facility at emergency entrance doors and fire emergency connection systems where they are likely to come to the attention of emergency services personnel.

• Information regarding the types of hazardous materials stored, handled or used at the facility, including typical maximum inventories and storage locations, should be shared proactively with emergency services and security personnel to expedite emergency response when needed.

• Representatives of local emergency and security services should be invited to participate in periodic (annual) orientation tours and site inspections to ensure familiarity with potential hazards present. 4. Physical Hazards

Physical hazards represent potential for accident or injury or illness due to repetitive exposure to mechanical action or work activity. Single exposure to physical hazards may result in a wide range of injuries, from minor and medical aid only, to disabling, catastrophic, and/or fatal. Multiple exposures over prolonged periods can result in disabling injuries of comparable significance and consequence. 4.1. Rotating and Moving Equipment Injury or death can occur from being trapped, entangled, or struck by machinery parts due to unexpected starting of equipment or unobvious movement during operations. Recommended protective measures include:

• Design machines to eliminate trap hazards and ensure that extremities are kept out of harm’s way under normal operating conditions. Examples of proper design considerations include two-hand operated machines to prevent amputations or the availability of emergency stops dedicated to the machine and placed in strategic locations. Where a machine or equipment has an exposed moving part or exposed pinch point that may endanger the safety of any worker, the machine or equipment should be equipped with, and protected by, a guard or other device that prevents access to the moving part or pinch point. Guards should be designed and installed in conformance with appropriate machine safety standards.

• Turn off, disconnect, isolate and de-energize (Locked Out and Tagged Out) machinery with exposed or guarded moving parts, or in which energy can be stored (e.g.

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compressed air, electrical components) during servicing or maintenance, in conformance with a standard such as CSA Z460 Lockout or equivalent ISO or ANSI standard

• Design and install equipment, where

feasible, to enable routine service, such as lubrication, without the removal of the guarding devices or mechanisms 4.2. Noise

Noise limits for different working environments are provided in Table 2.3.1.

• No employee should be exposed to a

noise level greater than 85 dB(A) for a duration of more than 8 hours per day without hearing protection. In addition, no unprotected ear should be exposed to a peak sound pressure level (instantaneous) of more than 140 dB(C).

• The use of hearing protection should be enforced actively when the equivalent sound level over 8 hours reaches 85 dB(A), the peak sound levels reach 140 dB(C), or the average maximum sound level reaches 110dB(A). Hearing protective devices provided should be capable of reducing sound levels at the ear to at least 85 dB(A).

• Although hearing protection is preferred for any period of noise exposure in excess of 85 dB(A), an equivalent level of protection can be obtained, but less easily managed, by limiting the duration of noise exposure. For every 3 dB(A) increase in sound levels, the ‘allowed’ exposure period or duration should be reduced by 50 percent.65

• Prior to the issuance of hearing protective devices as the final control mechanism, use of acoustic insulating materials, isolation of the noise source, and other engineering controls should be investigated and implemented, where feasible

• Periodic medical hearing checks should be performed on workers exposed to high noise levels 4.3. Vibration Exposure to hand-arm vibration from equipment such as hand and power tools, or whole-body vibrations from surfaces on which the worker stands or sits, should be controlled through choice of equipment, installation of vibration dampening pads or devices, and limiting the duration of exposure. Limits for vibration and action values, (i.e. the level of exposure at which remediation should be initiated) are provided by the ACGIH. Exposure levels should be checked on the basis of daily exposure time and data provided by equipment manufacturers.

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4.4. Electrical

Exposed or faulty electrical devices, such as circuit breakers, panels, cables, cords and hand tools, can pose a serious risk to workers. Overhead wires can be struck by metal devices, such as poles or ladders, and by vehicles with metal booms. Vehicles or grounded metal objects brought into close proximity with overhead wires can result in arcing between the wires and the object, without actual contact. Recommended actions include:

• Mark all energized electrical devices and lines with warning signs

• Lock out (de-charge and leave open with a controlled locking device) and tag-out (warning sign placed on the lock) devices during service or maintenance

• Check all electrical cords, cables, and hand power tools for frayed or exposed cords and following manufacturer recommendations for maximum permitted operating voltage of the portable hand tools

• Double insulate / ground all electrical equipment used in environments that are, or may become, wet; using equipment with ground fault interrupter (GFI) protected circuits

• Protect power cords and extension cords against damage from traffic by shielding or suspending above traffic areas

• Appropriately label service rooms housing high voltage equipment (‘electrical hazard’) and where entry is controlled or prohibited

• Establish “No Approach” zones around or under high voltage power lines in conformance with Table 2.3.2

• Rubber tired construction or other vehicles that come into direct contact with, or arcing between, high voltage wires may need to be taken out of service for periods of 48 hours and have the tires replaced to prevent catastrophic tire and wheel assembly failure, potentially causing serious injury or death

• Conduct detailed identification and marking of all buried electrical wiring prior to any excavation work

4.5. Eye Hazards

Solid particles from a wide variety of industrial operations, and / or a liquid chemical spray may strike a worker in the eye causing an eye injury or permanent blindness. Recommended measures include:

• Use of machine guards or splash shields and/or face and eye protection devices, such

as safety glasses with side shields, goggles, and/or a full face shield. Specific Safe Operating Procedures (SOPs) may be required for use of sanding and grinding tools and/or when working around liquid chemicals. Frequent checks of these types of

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equipment prior to use to ensure mechanical integrity is also good practice. Machine and equipment guarding should conform to standards published by organizations such as CSA, ANSI and ISO.

• Move areas where the discharge of solid fragments, liquid, or gaseous emissions can reasonably be predicted (e.g. discharge of sparks from a metal cutting station, pressure relief valve discharge) away from places expected to be occupied or transited by workers or visitors. Where machine or work fragments could present a hazard to transient workers or passers-by, extra area guarding or proximity restricting systems should be implemented, or PPE required for transients and visitors.

• Provisions should be made for persons who have to wear prescription glasses either through the use of overglasses or prescription hardened glasses. 4.6. Welding / Hot Work Welding creates an extremely bright and intense light that may seriously injure a worker’s eyesight. In extreme cases, blindness may result. Additionally, welding may produce noxious fumes to which prolonged exposure can cause serious chronic diseases. Recommended measures include:

• Provision of proper eye protection such as welder goggles and/or a full-face eye shield

for all personnel involved in, or assisting, welding operations. Additional methods may include the use of welding barrier screens around the specific work station (a solid piece of light metal, canvas, or plywood designed to block welding light from others). Devices to extract and remove noxious fumes at the source may also be required.

• Special hot work and fire prevention precautions and Standard Operating Procedures (SOPs) should be implemented if welding or hot cutting is undertaken outside established welding work stations, including ‘Hot Work Permits, stand-by fire extinguishers, stand-by fire watch, and maintaining the fire watch for up to one hour after welding or hot cutting has terminated. Special procedures are required for hotwork on tanks or vessels that have contained flammable materials. 4.7. Industrial Vehicle Driving and Site Traffic Poorly trained or inexperienced industrial vehicle drivers have increased risk of accident with other vehicles, pedestrians, and equipment. Industrial vehicles and delivery vehicles, as well as private vehicles on-site, also represent potential collision scenarios. Industrial vehicle driving and site traffic safety practices include:

• Train and license industrial vehicle operators in the safe operation of specialized

vehicles such as forklifts, including safe loading/unloading, load limits

• Ensure drivers undergo medical surveillance

• Ensure moving equipment with restricted rear visibility is outfitted with audible back-up alarms

• Establish rights-of-way, site speed limits, vehicle inspection requirements, operate rules and procedures (e.g. prohibit operation of forklifts with forks in down position), and control of traffic patterns or direction

• Restrict the circulation of delivery and private vehicles to defined routes and areas, giving preference to ‘one-way’ circulation, where appropriate

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4.8. Working Environment Temperature

Exposure to hot or cold working conditions in indoor or outdoor environments can result in temperature stress-related injury or death. Use of personal protective equipment (PPE) to protect against other occupational hazards can accentuate and aggravate heat-related illnesses. Extreme temperatures in permanent work environments should be avoided through implementation of engineering controls and ventilation. Where this is not possible, such as during short-term outdoor work, temperature-related stress management procedures should be implemented which include:

• Monitor weather forecasts for outdoor work to provide advance warning of extreme weather and scheduling work accordingly

• Adjustment of work and rest periods according to temperature stress management procedures provided by ACGIH, depending on the temperature and workloads

• Provide temporary shelters to protect against the elements during working activities or

for use as rest areas

• Worker to use protective clothing

• Provide easy access to adequate hydration such as drinking water or electrolyte drinks, and workers to avoid consumption of alcoholic beverages 4.9. Ergonomics, Repetitive Motion, Manual Handling

Injuries due to ergonomic factors, such as repetitive motion, overexertion, and manual handling, take prolonged and repeated exposures to develop, and typically require periods of weeks to months for recovery. These OHS problems should be minimized or eliminated to maintain a productive workplace. Controls may include:

• Facility and workstation design with 5th to 95th percentile operational and maintenance

workers in mind

• Use of mechanical assists to eliminate or reduce exertions required to lift materials, hold tools and work objects, and requiring multi-person lifts if weights exceed thresholds

• Select and design tools that reduce force requirements and holding times, and improve postures

• Provide user adjustable work stations

• Incorporate rest and stretch breaks into work processes, and conducting job rotation

• Implement quality control and maintenance programs that reduce unnecessary forces and exertions

• Take into consideration additional special conditions such as left handed persons 4.10. Working at Heights

Fall prevention and protection measures should be implemented whenever a worker is exposed to the hazard of falling more than two meters; into operating machinery; into water or other liquid; into hazardous substances; or through an opening in a work surface. Fall prevention / protection measures may also be warranted on a case-specific basis when there are risks of falling from lesser heights. Fall prevention may include:

• Installation of guardrails with mid-rails and toe boards at the edge of any fall hazard area

• Proper use of ladders and scaffolds by trained employees

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• Use of fall prevention devices, including safety belt and lanyard travel limiting devices to prevent access to fall hazard area, or fall protection devices such as full body harnesses used in conjunction with shock absorbing lanyards or self-retracting inertial fall arrest devices attached to fixed anchor point or horizontal life-lines

• Appropriate training in use, serviceability, and integrity of the necessary PPE

• Inclusion of rescue and/or recovery plans, and equipment to respond to workers after an

arrested fall

4.11. Illumination Work area light intensity should be adequate for the general purpose of the location and type of activity, and should be supplemented with dedicated work station illumination, as needed. The minimum limits for illumination intensity for a range of locations/activities appear in Table 2.3.3. Controls should include:

• Use of energy efficient light sources with minimum heat emission

• Measures to eliminate glare / reflections and flickering of lights

• Precautions to minimize and control optical radiation including direct sunlight. Exposure to high intensity UV and IR radiation and high intensity visible light should also be controlled

• Control laser hazards in accordance with

equipment specifications, certifications, and recognized safety standards. The lowest feasible class laser should be applied to minimize risks. 5. Chemical Hazards Chemical hazards represent potential for illness or injury due to single acute exposure or chronic repetitive exposure to toxic, corrosive, sensitizing or oxidative substances. They also represent a risk of uncontrolled reaction, including the risk of fire and explosion, if incompatible chemicals are inadvertently mixed. Chemical hazards can most effectively be prevented through a hierarchical approach that includes:

• Replacement of the hazardous substance with a less hazardous substitute

• Implementation of engineering and administrative control measures to avoid or minimize the release of hazardous substances into the work environment keeping the level of exposure below internationally established or recognized limits

• Keep the number of employees exposed, or likely to become exposed, to a minimum

• Communicate chemical hazards to workers through labeling and marking according to national and internationally recognized requirements and standards, including the International Chemical Safety Cards (ICSC), Materials Safety Data Sheets (MSDS), or

17

equivalent. Any means of written communication should be in an easily understood language and be readily available to exposed workers and first-aid personnel

• Train workers in the use of the available information (such as MSDSs), safe work practices, and appropriate use of PPE. 5.1. Air Quality

Poor air quality due to the release of contaminants into the work place can result in possible respiratory irritation, discomfort, or illness to workers. Employers should take appropriate measures to maintain air quality in the work area. These include:

• Maintain levels of contaminant dusts, vapors and gases in the work environment at concentrations below those recommended by the ACGIH as TWA-TLV’s (threshold limit value)—concentrations to which most workers can be exposed repeatedly (8 hours/day, 40 hrs/week, week-after-week), without sustaining adverse health effects.

• Develop and implement work practices to minimize release of contaminants into the work environment including: - Direct piping of liquid and gaseous materials - Minimized handling of dry powdered materials; - Enclosed operations - Local exhaust ventilation at emission / release points - Vacuum transfer of dry material rather than mechanical or pneumatic conveyance - Indoor secure storage, and sealed containers rather than loose storage

• Where ambient air contains several materials that have similar effects on the same body organs (additive effects), taking into account combined exposures using calculations recommended by the ACGIH

• Where work shifts extend beyond eight (8) hours, calculating adjusted workplace exposure criteria recommended by the ACGIH 5.2. Fire and Explosions Fires and or explosions resulting from ignition of flammable materials or gases can lead to loss of property as well as possible injury or fatalities to project workers. The sub-borrower, sub- project proponent, contractor and operator should comply with the local building and fire code. Fire and explosion prevention and control strategies include:

• Store flammables away from ignition sources and oxidizing materials. The flammables

storage area should be: - Remote from entry and exit points into buildings - Away from facility ventilation intakes or vents - Have natural or passive floor and ceiling level ventilation and explosion venting - Use spark-proof fixtures - Equipped with fire extinguishing devices and self-closing doors, and constructed of materials made to withstand flame impingement for a moderate period of time

18 • Provide bonding and grounding of, and between, containers and additional mechanical

floor level ventilation if materials are being, or could be, dispensed in the storage area

• Where the flammable material is mainly comprised of dust, provide electrical grounding, spark detection, and, if needed, quenching systems

• Define and label fire hazards areas to warn of special rules (e.g. prohibition in use of smoking materials, cellular phones, or other potential spark generating equipment)

• Provide specific worker training in handling of flammable materials, and in fire prevention

or suppression 5.3. Corrosive, oxidizing, and reactive chemicals

Corrosive, oxidizing, and reactive chemicals present similar hazards and require similar control measures as flammable materials. However, the added hazard of these chemicals is that inadvertent mixing or intermixing may cause serious adverse reactions. This can lead to the release of flammable or toxic materials and gases, and may lead directly to fires and explosions. These types of substances have the additional hazard of causing significant personal injury upon direct contact, regardless of any intermixing issues. The following controls should be observed in the work environment when handling such chemicals:

• Corrosive, oxidizing and reactive chemicals should be segregated from flammable

materials and from other chemicals of incompatible class (acids vs. bases, oxidizers vs. reducers, water sensitive vs. water based, etc.), stored in ventilated areas and in containers with appropriate secondary containment to minimize intermixing during spills

• Workers who are required to handle corrosive, oxidizing, or reactive chemicals should be provided with specialized training and provided with, and wear, appropriate PPE (gloves, apron, splash suits, face shield or goggles, etc).

• Where corrosive, oxidizing, or reactive chemicals are used, handled, or stored, qualified first-aid should be ensured at all times. Appropriately equipped first-aid stations should be easily accessible throughout the place of work, and eye-wash stations and/or emergency showers should be provided close to all workstations where the recommended first-aid response is immediate flushing with water 5.4. Asbestos Containing Materials (ACM)

The use of asbestos containing materials (ACM) should be avoided in new buildings or as a new material in remodeling or renovation activities. Existing facilities with ACM should develop an asbestos management plan which clearly identifies the locations where the ACM is present, its condition (e.g. whether it is in friable form with the potential to release fibers), procedures for monitoring its condition, procedures to access the locations where ACM is present to avoid damage, and training of staff who can potentially come into contact with the material to avoid damage and prevent exposure. The plan should be made available to all persons involved in operations and maintenance activities. Repair or removal and disposal of existing ACM in buildings should only be performed by specially trained personnel following host country requirements (www.osha.gov/SLTC/asbestos/training.html) or for the Philippines, see www.emb.gov.ph or denr.gov.ph) or in their absence, internationally recognized procedures such as those of the American Society for Testing and Materials (ASTM).

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6. Biological Hazards

Biological agents represent potential for illness or injury due to single acute exposure or chronic repetitive exposure. Biological hazards can be prevented most effectively by implementing the following measures:

• If the nature of the activity permits, use of any harmful biological agents should be

avoided and replaced with an agent that, under normal conditions of use, is not dangerous or less dangerous to workers. If use of harmful agents cannot be avoided, precautions should be taken to keep the risk of exposure as low as possible and maintained below internationally established and recognized exposure limits.

• Work processes, engineering, and administrative controls should be designed, maintained, and operated to avoid or minimize the release of biological agents into the working environment. The number of employees exposed or likely to become exposed should be kept at a minimum.

• The employer should review and assess known and suspected presence of biological agents at the place of work and implement appropriate safety measures, monitoring, training, and training verification programs.

• Measures to eliminate and control hazards from known and suspected biological agents at the place of work should be designed, implemented and maintained in close co- operation with the local health authorities and according to recognized international standards. Biological agents should be classified into four groups:

• Group 1: Biological agents unlikely to cause human disease, and consequently only

require controls similar to those required for hazardous or reactive chemical substances;

• Group 2: Biological agents that can cause human disease and are thereby likely to

require additional controls, but are unlikely to spread to the community;

• Group 3: Biological agents that can cause severe human disease, present a serious hazard to workers, and may present a risk of spreading to the community, for which there usually is effective prophylaxis or treatment available and are thereby likely to require extensive additional controls;

• Group 4: Biological agents that can cause severe human disease, are a serious hazard to workers, and present a high risk of spreading to the community, for which there is usually no effective prophylaxis or treatment available and are thereby likely to require very extensive additional controls. The employer should at all times encourage and enforce the highest level of hygiene and personal protection, especially for activities employing biological agents of Groups 3 and 4 above. Work involving agents in Groups 3 and 4 should be restricted only to those persons who have received specific verifiable training in working with and controlling such materials. Areas used for the handling of Groups 3 and 4 biological agents should be designed to enable their full segregation and isolation in emergency circumstances, include independent ventilation systems, and be subject to SOPs requiring routine disinfection and sterilization of the work surfaces.

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HVAC systems serving areas handling Groups 3 and 4 biological agents should be equipped with High Efficiency Particulate Air (HEPA) filtration systems. Equipment should readily enable their disinfection and sterilization, and maintained and operated so as to prevent growth and spreading of disease agents, amplification of the biological agents, or breeding of vectors e.g. mosquitoes and flies of public health concern.

7. Radiological Hazards Radiation exposure can lead to potential discomfort, injury or serious illness to workers. Prevention and control strategies include:

• Places of work involving occupational and/or natural exposure to ionizing radiation should be established and operated in accordance with recognized international safety standards and guidelines. The acceptable effective dose limits appear in Table 2.6.1.

• Exposure to non-ionizing radiation (including static magnetic fields; sub-radio frequency magnetic fields; static electric fields; radio frequency and microwave radiation; light and near-infrared radiation; and ultraviolet radiation) should be controlled to internationally recommended limits.

• In the case of both ionizing and non-ionizing radiation, the preferred method for controlling exposure is shielding and limiting the radiation source. Personal protective equipment is supplemental only or for emergency use. Personal protective equipment for near-infrared, visible and ultraviolet range radiation can include appropriate sun block creams, with or without appropriate screening clothing.

8. Personal Protective Equipment (PPE) Personal Protective Equipment (PPE) provides additional protection to workers exposed to workplace hazards in conjunction with other facility controls and safety systems.

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PPE is considered to be a last resort that is above and beyond the other facility controls and provides the worker with an extra level of personal protection. Table 2.7.1 presents general examples of occupational hazards and types of PPE available for different purposes. Recommended measures for use of PPE in the workplace include:

• Active use of PPE if alternative technologies, work plans or procedures cannot eliminate,

or sufficiently reduce, a hazard or exposure

• Identification and provision of appropriate PPE that offers adequate protection to the worker, co-workers, and occasional visitors, without incurring unnecessary inconvenience to the individual

• Proper maintenance of PPE, including cleaning when dirty and replacement when damaged or worn out. Proper use of PPE should be part of the recurrent training programs for employees

• Selection of PPE should be based on the hazard and risk ranking described earlier in this section, and selected according to criteria on performance and testing established by recognized organizations. 9. Special Hazard Environments Special hazard environments are work situations where all of the previously described hazards may exist under unique or especially hazardous circumstances. Accordingly, extra precautions or rigor in application of precautions is required. 9.1. Confined Space A confined space is defined as a wholly or partially enclosed space not designed or intended for human occupancy and in which a hazardous atmosphere could develop as a result of the contents, location or construction of the confined space or due to work done in or around the confined space. A “permit-required” confined space is one that also contains physical or atmospheric hazards that could trap or engulf the person. Confined spaces can occur in enclosed or open structures or locations. Serious injury or fatality can result from inadequate preparation to enter a confined space or in attempting a rescue from a confined space. Recommended management approaches include:

• Engineering measures should be implemented to eliminate, to the degree feasible, the

existence and adverse character of confined spaces.

• Permit-required confined spaces should be provided with permanent safety measures for venting, monitoring, and rescue operations, to the extent possible. The area adjoining an access to a confined space should provide ample room for emergency and rescue operations.

• Access hatches should accommodate 90% of the worker population with adjustments for tools and protective clothing. The most current ISO and EN standards should be consulted for design specifications;

• Prior to entry into a permit-required confined space:

- Process or feed lines into the space should be disconnected or drained, and blanked and locked-out. - Mechanical equipment in the space should be disconnected, de-energized, locked- out, and braced, as appropriate.

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- The atmosphere within the confined space should be tested to assure the oxygen content is between 19.5 percent and 23 percent, and that the presence of any flammable gas or vapor does not exceed 25 percent of its respective Lower Explosive Limit (LEL). - If the atmospheric conditions are not met, the confined space should be ventilated until the target safe atmosphere is achieved, or entry is only to be undertaken with appropriate and additional PPE.

• Safety precautions should include Self Contained Breathing Apparatus (SCBA), life lines, and safety watch workers stationed outside the confined space, with rescue and first aid equipment readily available.

• Before workers are required to enter a permit-required confined space, adequate and appropriate training in confined space hazard control, atmospheric testing, use of the necessary PPE, as well as the serviceability and integrity of the PPE should be verified. Further, adequate and appropriate rescue and / or recovery plans and equipment should be in place before the worker enters the confined space. 9.2. Lone and Isolated Workers A lone and isolated worker is a worker out of verbal and line of sight communication with a supervisor, other workers, or other persons capable of providing aid and assistance, for continuous periods exceeding one hour. The worker is therefore at increased risk should an accident or injury occur.

• Where workers may be required to perform work under lone or isolated circumstances,

Standard Operating Procedures (SOPs) should be developed and implemented to ensure all PE and safety measures are in place before the worker starts work. SOPs should establish, at a minimum, verbal contact with the worker at least once every hour, and ensure the worker has a capability for summoning emergency aid.

• If the worker is potentially exposed to highly toxic or corrosive chemicals, emergency eye-wash and shower facilities should be equipped with audible and visible alarms to summon aid whenever the eye-wash or shower is activated by the worker and without intervention by the worker. 10. Monitoring Occupational health and safety monitoring programs should verify the effectiveness of prevention and control strategies. The selected indicators should be representative of the most significant occupational, health, and safety hazards, and the implementation of prevention and control strategies. The occupational health and safety monitoring program should include:

• Safety inspection, testing and calibration: This should include regular inspection and

testing of all safety features and hazard control measures focusing on engineering and personal protective features, work procedures, places of work, installations, equipment, and tools used. The inspection should verify that issued PPE continues to provide adequate protection and is being worn as required. All instruments installed or used for monitoring and recording of working environment parameters should be regularly tested and calibrated, and the respective records maintained.

23 • Surveillance of the working environment: Employers should document compliance using

an appropriate combination of portable and stationary sampling and monitoring instruments. Monitoring and analyses should be conducted according to internationally recognized methods and standards. Monitoring methodology, locations, frequencies, and parameters should be established individually for each project following a review of the hazards. Generally, monitoring should be performed during commissioning of facilities or equipment and at the end of the defect and liability period, and otherwise repeated according to the monitoring plan.

• Surveillance of workers health: When extraordinary protective measures are required (for example, against biological agents Groups 3 and 4, and/or hazardous compounds), workers should be provided appropriate and relevant health surveillance prior to first exposure, and at regular intervals thereafter. The surveillance should, if deemed necessary, be continued after termination of the employment.

• Training: Training activities for employees and visitors should be adequately monitored and documented (curriculum, duration, and participants). Emergency exercises, including fire drills, should be documented adequately. Service providers and contractors should be contractually required to submit to the employer adequate training documentation before start of their assignment. 11. Accidents and Diseases monitoring

• The employer should comply with rules and regulations pertaining to occupational health and safety of the Philippine Department of Labor and Employment and the Department of Health

• The employer should establish procedures and systems for reporting and recording occupational accidents and diseases and dangerous occurrences and incidents. These systems should enable workers to report immediately to their immediate supervisor any situation they believe presents a serious danger to life or health.

• The systems and the employer should further enable and encourage workers to report to management all (1) occupational injuries and near misses, (2) suspected cases of occupational disease and (3) dangerous occurrences and incidents

• All reported occupational accidents, occupational diseases, dangerous occurrences, and

incidents together with near misses should be investigated with the assistance of a person knowledgeable/competent in occupational safety. The investigation should: - Establish what happened - Determine the cause of what happened - Identify measures necessary to prevent a recurrence

• Occupational accidents and diseases should, at a minimum, be classified according to Table 2.9.1. Distinction is made between fatal and non-fatal injuries. The two main categories are

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divided into three sub-categories according to time of death or duration of the incapacity to work. The total work hours during the specified reporting period should be reported to the appropriate regulatory agency.

C. COMMUNITY HEALTH AND SAFETY2

This section addresses some aspects of the sub-project activities which might not be within the direct impact areas of the sub-projects or which might be indirect impacts of the sub-project. These issues may arise at any stage of a subproject life cycle and may have impacts even after the life of the subproject.

1. Water Quality and Availability The subproject activities involving wastewater discharges, water extraction, diversion or impoundment should prevent adverse impacts to the quality and availability of groundwater and surface water resources. Extensive community consultations regarding water supply that might or shall be affected by the subproject should be conducted. 1.1. Water Quality Drinking water sources, whether public or private, should at all times be protected so that they meet or exceed applicable national acceptability standards, i.e., RA 9275, the Philippine Clean Water Act of 2004 and its Implementing Rules and Regulations (IRR) or the current edition of WHO Guidelines for Drinking-Water Quality. Wastewater effluents are also covered under RA 9275. Where the subproject includes the delivery of water to the community or to users of facility infrastructure (such as hotel hosts and hospital patients), where water may be used for drinking, cooking, washing, and bathing, water quality should comply with RA 9275 and its IRR. Water quality for more sensitive well-being-related demands such as water used in health care facilities or food production may require more stringent, industry-specific guidelines or standards, as applicable. 1.2. Water Availability The potential effect of groundwater or surface water abstraction for project activities should be properly assessed through a combination of field testing and modeling techniques, accounting for seasonal variability and projected changes in demand in the project area. Project activities should not compromise the availability of water for personal hygiene needs and should take account of potential future increases in demand. The overall target should be the availability of 100 liters per person per day although lower levels may be used to meet basic health requirements (WHO, 2003). Water volume requirements for well-being-related demands such as water use in health care facilities may need to be higher.

2

Synthesized from the IFC-World Bank Group, Environmental, Health and Safety Guidelines 3.0- Community Health

and Safety, April 30, 2007 and RA 9275 and other Philippine environmental laws and regulations.

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2. Structural Safety of Project Infrastructure

Hazards posed to the public while accessing project facilities may include:

• Physical trauma associated with failure of building structures

• Burns and smoke inhalation from fires

• Injuries suffered as a consequence of falls or contact with heavy equipment

• Respiratory distress from dust, fumes, or noxious odors

• Exposure to hazardous materials Reduction of potential hazards is best accomplished during the design phase when the structural design, layout and site modifications can be adapted more easily. The following issues should be considered and incorporated into the planning, siting, and design phases of a project:

• Inclusion of buffer strips or other methods of physical separation around project sites to protect the public from major hazards associated with hazardous materials incidents or process failure, as well as nuisance issues related to noise, odors, or other emissions

• Incorporation of siting and safety engineering criteria to prevent failures due to natural risks posed by earthquakes, tsunamis, wind, flooding, landslides and fire. To this end, all project structures should be designed in accordance with engineering and design criteria mandated by site-specific risks, including but not limited to seismic activity, slope stability, wind loading, and other dynamic loads

• Application of locally regulated or internationally recognized building codes80 to ensure structures are designed and constructed in accordance with sound architectural and engineering practice, including aspects of fire prevention and response

• Engineers and architects responsible for designing and constructing facilities, building, plants and other structures should certify the applicability and appropriateness of the structural criteria employed as per the Philippine building code. International codes, such as those compiled by the International Code Council (ICC), are intended to regulate the design, construction, and maintenance of a built environment and contain detailed guidance on all aspects of building safety, encompassing methodology, best practices, and documenting compliance. Depending on the nature of a project, guidance provided in the ICC or comparable codes such as the Philippine building and fire codes and regulations of the Housing and Land Use Regulatory Board and local zoning ordinances should be followed, as appropriate, with respect to the following: existing structures, soils and foundations, site grading, structural design, specific requirements based on intended use and occupancy, accessibility and means of egress, types of construction, roof design and construction, fire-resistant construction, flood-resistant construction, construction materials, interior environment, mechanical, plumbing and electrical systems, elevators and conveying systems, fire safety systems, safeguards during construction and encroachments into public right-of-way. Although major design changes may not be feasible during the operation phase of a project, hazard analysis can be undertaken to identify opportunities to reduce the consequences of a failure or accident. Illustrative management actions, applicable to hazardous materials storage and use, include:

26 • Reducing inventories of hazardous materials through inventory management and process changes to greatly reduce or eliminate the potential off-site consequences of a release

• Modifying process or storage conditions to reduce the potential consequences of an

accidental off-site release

• Improving shut-down and secondary containment to reduce the amount of material escaping from containment and to reduce the release duration

• Reducing the probability that releases will occur through improved site operations and control, and through improvements in maintenance and inspection

• Reducing off-site impacts of releases through measures intended to contain explosions and fires, alert the public, provide for evacuation of surrounding areas, establish safety zones around a site, and ensure the provision of emergency medical services to the public 3. Life and Fire Safety (L&FS) 3.1. Applicability and Approach

All new buildings accessible to the public should be designed, constructed, and operated in full compliance with the Philippine building code and fire code and other local legal/insurance requirements, and in accordance with an internationally accepted life and fire safety (L&FS)

standard. The Life Safety Code3, which provides extensive documentation on life and fire safety provisions, is one example of an internationally accepted standard and may be used to document compliance with the Life and Fire Safety objectives outlined in these guidelines. With regard to these objectives:

• Project sponsors’ architects and professional consulting engineers should demonstrate that affected buildings meet these life and fire safety objectives.

• Life and fire safety systems and equipment should be designed and installed using appropriate prescriptive standards and/or performance based design, and sound engineering practices.

• Life and fire safety design criteria for all existing buildings should incorporate all local building codes and fire department regulations. These guidelines apply to buildings that are accessible to the public. Examples of such buildings include: health and education facilities, hotels, convention centers, and leisure facilities, retail and commercial facilities and airports, other public transport terminals and transfer facilities. 3.2. Specific Requirements for New Buildings The nature and extent of life and fire safety systems required will depend on the building type, structure, construction, occupancy, and exposures. Subproject proponents or their contractors should prepare a Life and Fire Safety Master Plan identifying major fire risks, applicable codes, standards and regulations, and mitigation measures. The Master Plan should be prepared by a suitably qualified professional, and adequately cover, but not be limited to, the issues addressed 3

US NFPA. http://www.nfpa.org/catalog/product.asp?category%5Fname=&pid=10106&target%

5Fpid=10106&src%5Fpid=&link%5Ftype=search

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briefly in the following points. The suitably qualified professional selected to prepare the Master Plan is responsible for a detailed treatment of the following and all other required, issues.

• Fire Prevention. This addresses the identification of fire risks and ignition sources,

and measures needed to limit fast fire and smoke development. These issues include fuel load and control of combustibles, ignition sources, interior finish flame spread characteristics, interior finish smoke production characteristics and human acts, and housekeeping and maintenance.

• Means of Egress. This includes all design measures that facilitate a safe evacuation by residents and/or occupants in case of fire or other emergency, such as: clear, unimpeded escape routes, accessibility to the impaired/handicapped, marking and signing and emergency lighting.

• Detection and Alarm Systems. These systems encompass all measures, including communication and public address systems needed to detect a fire and alert: building staff, emergency response teams, occupants and civil defense.

• Compartmentation. This involves all measures to prevent or slow the spread of fire and smoke, including: separations, fire walls, floors, doors, dampers and smoke control systems.

• Fire Suppression and Control. These include all automatic and manual fire protection installations, such as: automatic sprinkler systems, manual portable extinguishers and fire hose reels.

• Emergency Response Plan. This is a set of scenario–based procedures to assist staff and emergency response teams during real life emergency and training exercises. This should include an assessment of local fire prevention and suppression capabilities.

• Operation and Maintenance. This involves preparing schedules for mandatory

regular maintenance and testing of life and fire safety features to ensure that mechanical, electrical, and civil structures and systems are at all times in conformance with life and fire safety design criteria and required operational readiness. 3.3. L&FS Master Plan Review and Approval

• A suitably qualified professional prepares and submits a Life and Fire Safety (L&FS)

Master Plan, including preliminary drawings and specifications, and certifies that the design meets the requirements of these L&FS guidelines. The findings and recommendations of the review are then used to establish the conditions of a Corrective Action Plan and a time frame for implementing the changes.

• The suitably qualified professional conducts a review as part of the project completion test at the time of life and fire safety systems testing and commissioning, and certifies that construction of these systems has been carried out in accordance with the accepted design. The findings and recommendations of the review are used as the basis for

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establishing project completion or to establish the conditions of a Pre-Completion Corrective Action Plan and a time frame for implementing the changes. 3.4. Specific Requirements for Existing Buildings

• All life and fire safety guideline requirements for new buildings apply to existing buildings programmed for renovation. A suitably qualified professional conducts a complete life and fire safety review of existing buildings slated for renovation. The findings and recommendations of the review are used as the basis to establish the scope of work of a Corrective Action Plan and a time frame for implementing the changes.

• If it becomes apparent that life and fire safety conditions are deficient in an existing building that is not part of the project or that has not been programmed for renovation, a life and fire safety review of the building may be conducted by a suitably qualified professional. The findings and recommendations of the review are used as the basis to establish the scope of work of a Corrective Action Plan and a time frame for implementing the changes. 3.5. Other Hazards

• Facilities, buildings, plants, and structures should be situated to minimize potential risks from forces of nature (e.g. earthquakes, tsunamis, floods, windstorms, and fires from surrounding areas).

• All such structures should be designed in accordance with the criteria mandated by situation-, climatic-, and geology-specific location risks (e.g. seismic activity, wind loading, and other dynamic loads).

• Structural engineers and architects responsible for facilities, buildings, plants and structures should certify the applicability and appropriateness of the design criteria employed.

• The Philippine building code and fire code contain further compliance requirements with respect to methodology, practice, testing, and other codes and standards. 4. Traffic Safety

All subproject personnel should promote traffic safety during displacement to and from the workplace, and during operation of project equipment on private or public roads. Prevention and control of traffic related injuries and fatalities should include the adoption of safety measures that are protective of project workers and of road users, including those who are most vulnerable to road traffic accidents. Road safety initiatives proportional to the scope and nature of subproject activities should include:

• Adoption of best transport safety practices across all aspects of subproject operations with the goal of preventing traffic accidents and minimizing injuries suffered by subproject personnel and the public. Measures should include: - Emphasizing safety aspects among drivers - Improving driving skills and requiring licensing of drivers - Adopting limits for trip duration and arranging driver rosters to avoid overtiredness - Avoiding dangerous routes and times of day to reduce the risk of accidents

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- Use of speed control devices (governors) on trucks, and remote monitoring of driver actions

• Regular maintenance of vehicles and use of manufacturer approved parts to minimize

potentially serious accidents caused by equipment malfunction or premature failure. Where the subproject may contribute to a significant increase in traffic along existing roads, or where road transport is a significant component of a project, recommended measures include:

• Minimizing pedestrian interaction with construction vehicles

• Collaboration with local communities and responsible authorities to improve signage, visibility and overall safety of roads, particularly along stretches located near schools or other locations where children may be present. Collaborating with local communities on education about traffic and pedestrian safety (e.g. school education campaigns)

• Coordination with emergency responders to ensure that appropriate first aid is provided in the event of accidents

• Using locally sourced materials, whenever possible, to minimize transport distances.

Locating associated facilities such as worker camps close to project sites and arranging worker bus transport to minimizing external traffic

• Employing safe traffic control measures, including road signs and flag persons to warn of dangerous conditions 5. Transport of Hazardous Materials General Hazardous Materials Transport 5.1. General Hazardous Materials Transport

• Projects should have procedures in place that ensure compliance with local laws and

international requirements applicable to the transport of hazardous materials, including: - IATA requirements for air transport (www.iata.org) - IMDG Code sea transport (www.imo.org/safety) - UN Model Regulations of other international standards - RA 6969, the Philippine Toxic Substances and Hazardous and Nuclear Waste Control Act and its Implementing Rules and Regulations - Host-country commitments under the Basel Convention on the Control of Transboundary Movements of Hazardous Waste and their disposal and Rotterdam Convention on the prior Inform Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade, if applicable to the project activities

• The procedures for transportation of hazardous materials (Hazmats) should be in accordance with RA 6969 and its IRR and should include: - Proper labeling of containers, including the identify and quantity of the contents, hazards, and shipper contact information - Providing a shipping document (e.g. shipping manifest) that describes the contents of the load and its associated hazards in addition to the labeling of the containers. The shipping document should establish a chain-of-custody using multiple signed copies to show that the waste was properly shipped, transported and received by the recycling or treatment/disposal facility

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- Ensuring that the volume, nature, integrity and protection of packaging and containers used for transport are appropriate for the type and quantity of hazardous material and modes of transport involved - Ensuring adequate transport vehicle specifications - Training employees involved in the transportation of hazardous materials regarding proper shipping procedures and emergency procedures - Using labeling and placarding (external signs on transport vehicles), as required - Providing the necessary means for emergency response on call 24 hours/day 5.2. Major Transportation Hazards

In addition to these aforementioned procedures, projects which transport hazardous materials at or above the threshold quantities should prepare a Hazardous Materials Transportation Plan containing all of the elements presented below:4

• Hazard Assessment. This should identify the potential hazards involved in the

transportation of hazardous materials by reviewing:

• The hazard characteristics of the substances identified during the screening stage;

• The history of accidents, both by the company and its contractors, involving hazardous materials transportation; and

• The existing criteria for the safe transportation of hazardous materials, including environmental management systems used by the company and its contractors. The review should cover the management actions, preventive measures and emergency response procedures described below. The hazard assessment helps to determine what additional measures may be required to complete the plan.

• Management Actions

- Management of Change: These procedures should address: the technical basis for changes in hazardous materials offered for transportation, routes and/or procedures, the potential impact of changes on health and safety, modification required to operating procedures, authorization requirements, employees affected and training needs. - Compliance Audit: This evaluates compliance with prevention requirements for each transportation route or for each hazardous material, as appropriate. A compliance audit covering each element of the prevention measures (see below) should be conducted at least every three years. The audit program should include: - Preparation of a report of the findings - Determination and documentation of the appropriate response to each finding - Documentation that any deficiency has been corrected

4

Refer to RA 6969 and its IRR and the IFC Hazardous Materials Transportation Manual. Washington, D.C. December 2000.

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- Incident Investigation: Incidents can provide valuable information about transportation hazards and the steps needed to prevent accidental releases. The implementation of incident investigation procedures should ensure that: - Investigations are initiated promptly - Summaries of investigations are included in a report - Report findings and recommendations are addressed - Reports are reviewed with staff and contractors

- Employee Participation: There should be a written plan of action regarding the implementation of active employee participation in the prevention of accidents. - Contractors: The plan should include procedures to ensure that:

- The contractor is provided with safety performance procedures and safety and hazard information - Contractors observe safety practices - Verify that the contractor acts responsibly The plan should also include additional procedures to ensure the contractors will:

- Ensure appropriate training for their employees - Ensure their employees know process hazards and applicable emergency actions - Prepare and submit training records - Inform employees about the hazards presented by their work - Training: This should include the following: list of employees to be trained, specific training objectives, mechanisms to achieve objectives (i.e. hands-on workshops, videos, etc.), means to determine the effectiveness of the training program and training procedures for new hires and refresher programs.

• Preventive Measures. The plan should include procedures to implement preventive measures specific to each hazardous material offered for transportation, including: - Classification and segregation of hazardous materials in warehouses and transport units - Packaging and packaging testing - Marking and labeling of packages containing hazardous materials - Handling and securing packages containing hazardous materials in transport units - Marking and placarding of transport units - Documentation (e.g. bills of lading) - Application of special provisions, as appropriate

• Emergency Preparedness and Response. The subproject proponent or its contractor should prepare an Emergency Preparedness and Response Plan that should cover the following:

32

- Planning Coordination: This should include procedures for: informing the public and emergency response agencies, documenting first aid and emergency medical treatment, taking emergency response actions and reviewing and updating the emergency response plan to reflect changes and ensuring that the employees are informed of such changes. - Emergency Equipment: The plan should include procedures for using, inspecting, testing, and maintaining emergency response equipment. - Training: Employees should be trained in any relevant procedures. 6. Disease Prevention Communicable Diseases 6.1. Communicable Diseases Recommended interventions at the project level include:

• Providing surveillance and active screening and treatment of workers

• Preventing illness among workers in local communities by: - Undertaking health awareness and education initiatives, for example, by implementing an information strategy to reinforce person-to-person counseling addressing systemic factors that can influence individual behavior as well as promoting individual protection, and protecting others from infection, by encouraging condom use - Training health workers in disease treatment - Conducting immunization programs for workers in local communities to improve health and guard against infection - Providing health services

• Providing treatment through standard case management in on-site or community health care facilities. Ensuring ready access to medical treatment, confidentiality and appropriate care, particularly with respect to migrant workers

• Promoting collaboration with local authorities to enhance access of workers families and the community to public health services and promote immunization. 6.2. Vector-Borne Diseases

Subproject proponents or their contractor, in close collaboration with community health authorities, can implement an integrated control strategy for mosquito and other arthropod- borne diseases involving:

• Prevention of larval and adult propagation through sanitary improvements and

elimination of breeding habitats close to human settlements

• Elimination of unusable impounded water

• Increase in water velocity in natural and artificial channels

• Considering the application of residual insecticide to dormitory walls or workers quarters

• Implementation of integrated vector control programs

33 • Promoting use of repellents, clothing, netting, and other barriers to prevent insect bites

• Use of chemoprophylaxis drugs by non-immune workers and collaborating with public health officials to help eradicate disease reservoirs

• Monitoring and treatment of circulating and migrating populations to prevent disease reservoir spread

• Collaboration and exchange of in-kind services with other control programs in the project area to maximize beneficial effects

• Educating project personnel and area residents on risk prevention, and available treatment

• Monitoring communities during high-risk seasons to detect and treat cases

• Distributing appropriate education materials

• Following safety guidelines for the storage, transport, and distribution of pesticides to minimize the potential for misuse, spills, and accidental human exposure 7. Emergency Preparedness and Response

All subprojects should have an Emergency Preparedness and Response Plan that is commensurate with the risks of the facility and that includes the following basic elements:

• Administration (policy, purpose, distribution, definitions, etc)

• Organization of emergency areas (command centers, medical stations, etc)

• Roles and responsibilities

• Communication systems

• Emergency response procedures

• Emergency resources

• Training and updating

• Checklists (role and action list and equipment checklist)

• Business Continuity and Contingency Key components of the emergency plan include the following: 7.1. Communication Systems

• Worker Notification and Communication. Alarm bells, visual alarms, or other

forms of communication should be used to reliably alert workers to an emergency. Related measures include: - Testing warning systems at least annually (fire alarms monthly), and more frequently if required by local regulations, equipment, or other considerations - Installing a back-up system for communications on-site with off-site resources, such as fire departments, in the event that normal communication methods may be inoperable during an emergency

• Community Notification. If a local community may be at risk from a potential emergency arising at the facility, the company should implement communication measures to alert the community, such as:

34

- Audible alarms, such as fire bells or sirens - Fan out telephone call lists - Vehicle mounted speakers - Communicating details of the nature of the emergency - Communicating protection options (evacuation, quarantine) - Providing advise on selecting an appropriate protection option

• Media and Agency Relations. Emergency information should be

communicated to the media through: - A trained, local spokesperson able to interact with relevant stakeholders, and offer guidance to the company for speaking to the media, government, and other agencies - Written press releases with accurate information, appropriate level of detail for the emergency, and for which accuracy can be guaranteed 7.2. Emergency Resources

• Finance and Emergency Funds. A mechanism should be provided for funding

emergency activities.

• Fire Services. The subproject proponent or its contractor should consider the level of local fire fighting capacity and whether equipment is available for use at the facility in the event of a major emergency or natural disaster. If insufficient capacity is available, fire fighting capacity should be acquired that may include pumps, water supplies, trucks, and training for personnel.

• Medical Services. The company should provide first aid attendants for the

facility as well as medical equipment suitable for the personnel, type of operation, and the degree of treatment likely to be required prior to transportation to hospital.

• Availability of Resources. Appropriate measures for managing the availability

of resources in case of an emergency include: - Maintaining a list of external equipment, personnel, facilities, funding, expert knowledge, and materials that may be required to respond to emergencies. The list should include personnel with specialized expertise for spill clean-up, flood control, engineering, water treatment, environmental science, etc., or any of the functions required to adequately respond to the identified emergency - Providing personnel who can readily call up resources, as required - Tracking and managing the costs associated with emergency resources - Considering the quantity, response time, capability, limitations, and cost of these resources, for both site-specific emergencies, and community or

regional emergencies - Considering if external resources are unable to provide sufficient capacity during a regional emergency and whether additional resources may need

to be maintained on-site

35 • Mutual Aid. Mutual aid agreements decrease administrative confusion and provide a clear basis for response by mutual aid providers. Where appropriate, mutual aid agreements should be maintained with other organizations to allow for sharing of personnel and specialized equipment.

• Contact List. The subproject proponent should develop a list of contact

information for all internal and external resources and personnel. The list should include the name, description, location, and contact details (telephone, email) for each of the resources, and be maintained annually. 7.3. Training and Updating

The emergency preparedness facilities and emergency response plans require maintenance, review, and updating to account for changes in equipment, personnel, and facilities. Training programs and practice exercises provide for testing systems to ensure an adequate level of emergency preparedness. Programs should:

• Identify training needs based on the roles and responsibilities, capabilities and

requirements of personnel in an emergency

• Develop a training plan to address needs, particularly for fire fighting, spill response, and evacuation

• Conduct annual training, at least, and perhaps more frequent training when the response includes specialized equipment, procedures, or hazards, or when otherwise mandated

• Provide training exercises to allow personnel the opportunity to test emergency preparedness, including: - Desk top exercises with only a few personnel, where the contact lists are tested and the facilities and communication assessed - Response exercises, typically involving drills that allow for testing of equipment and logistics - Debrief upon completion of a training exercise to assess what worked well and what aspects require improvement - Update the plan, as required, after each exercise. Elements of the plan subject to significant change (such as contact lists) should be replaced - Record training activities and the outcomes of the training 7.4. Business Continuity and Contingency Measures to address business continuity and contingency include:

• Identifying replacement supplies or facilities to allow business continuity following an emergency. For example, alternate sources of water, electricity, and fuel are commonly sought.

• Using redundant or duplicate supply systems as part of facility operations to increase the likelihood of business continuity.

• Maintaining back-ups of critical information in a secure location to expedite the return to normal operations following an emergency.

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D. CONSTRUCTION AND DECOMMISSIONING 1. Applicability and Approach

This section provides additional, specific guidance on prevention and control of community health and safety impacts that may occur during new project development, at the end of the project life-cycle, or due to expansion or modification of existing project facilities. 2. Environment 2.1. Noise and Vibration During construction and decommissioning activities, noise and vibration may be caused by the operation of pile drivers, earth moving and excavation equipment, concrete mixers, cranes and the transportation of equipment, materials and people. Some recommended noise reduction and control strategies to consider in areas close to community areas include:

• Plan activities in consultation with local communities so that activities with the greatest potential to generate noise are planned during periods of the day that will result in least disturbance

• Using noise control devices, such as temporary noise barriers and deflectors for impact and blasting activities, and exhaust muffling devices for combustion engines.

• Avoid or minimize project transportation through community areas 2.2. Soil Erosion Soil erosion may be caused by exposure of soil surfaces to rain and wind during site clearing, earth moving, and excavation activities. The mobilization and transport of soil particles may, in turn, result in sedimentation of surface drainage networks, which may result in impacts to the quality of natural water systems and ultimately the biological systems that use these waters. Recommended soil erosion and water system management approaches include: 2.2.1. Sediment mobilization and transport

• Reduce or prevent erosion by:

- Scheduling to avoid heavy rainfall periods (i.e., during the dry season) to the extent practical - Contouring and minimizing length and steepness of slopes - Mulching to stabilize exposed areas - Re-vegetating areas promptly - Designing channels and ditches for post-construction flows - Lining steep channel and slopes (e.g. use jute matting)

• Reduce or prevent off-site sediment transport through use of settlement ponds, silt fences, and water treatment, and modify or suspend activities during extreme rainfall and high winds to the extent practical.

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2.2.2. Clean runoff management

• Segregate or divert clean water runoff to prevent it mixing with water containing a high solids content, to minimize the volume of water to be treated prior to release 2.2.3. Road design

• Limit access road gradients to reduce runoff-induced erosion

• Provide adequate road drainage based on road width, surface material, compaction, and maintenance 2.2.4. Disturbance to water bodies

• Depending on the potential for adverse impacts, install free-spanning structures (e.g., single span bridges) for road watercourse crossings

• Restrict the duration and timing of in-stream activities to lower low periods, and avoid periods critical to biological cycles of valued flora and fauna (e.g., migration, spawning, etc.)

• For in-stream works, using isolation techniques such as berming or diversion during construction to limit the exposure of disturbed sediments to moving water

• Consider using trenchless technology for pipeline crossings (e.g., suspended crossings)

or installation by directional drilling 2.2.5. Structural (slope) stability

• Provide effective short term measures for slope stabilization, sediment control and subsidence control until long term measures for the operational phase can be implemented

• Provide adequate drainage systems to minimize and control infiltration 2.3. Air Quality Construction and decommissioning activities may generate emission of fugitive dust caused by a combination of on-site excavation and movement of earth materials, contact of construction machinery with bare soil, and exposure of bare soil and soil piles to wind. A secondary source of emissions may include exhaust from diesel engines of earth moving equipment, as well as from open burning of solid waste on-site. Techniques to consider for the reduction and control of air emissions from construction and decommissioning sites include:

• Minimize dust from material handling sources, such as conveyors and bins, by using covers and/or control equipment (water suppression, bag house, or cyclone)

• Minimize dust from open area sources, including storage piles, by using control measures such as installing enclosures and covers, and increase the moisture content

• Dust suppression techniques should be implemented, such as applying water or non- toxic chemicals to minimize dust from vehicle movements

• Selectively remove potential hazardous air pollutants, such as asbestos, from existing

infrastructure prior to demolition

• Manage emissions from mobile sources

38 • Comply with RA 9003 or the Ecological Solid Waste Management Act and its Implementing Rules and Regulations

• Avoid open burning of solids (refer to guidance on solid waste management) 2.4. Solid Waste Non-hazardous solid waste generated at construction and decommissioning sites includes excess fill materials from grading and excavation activities, scrap wood and metals, and small concrete spills. Other non-hazardous solid wastes include office, kitchen, and dormitory wastes when these types of operations are part of construction project activities. Hazardous solid waste includes contaminated soils, which could potentially be encountered on-site due to previous land use activities, or small amounts of machinery maintenance materials, such as oily rags, used oil filters, and used oil, as well as spill cleanup materials from oil and fuel spills. Techniques for preventing and controlling nonhazardous and hazardous construction site solid waste include those already discussed in Section A on General Waste Management. 2.5. Hazardous Materials Construction and decommissioning activities may pose the potential for release of petroleum based products, such as lubricants, hydraulic fluids, or fuels during their storage, transfer, or use in equipment. These materials may also be encountered during decommissioning activities in building components or industrial process equipment. The sub-borrower, contractor and operator should comply with Philippine Republic Act 6969 or the Toxic Substances and Hazardous ad Nuclear Waste Control Act. Techniques for prevention, minimization, and control of these impacts include:

• Provide adequate secondary containment for fuel storage tanks and for the temporary

storage of other fluids such as lubricating oils and hydraulic fluids

• Use impervious surfaces for refueling areas and other fluid transfer areas

• Train workers on the correct transfer and handling of fuels and chemicals and the response to spills

• Provide portable spill containment and cleanup equipment on site and train in the equipment deployment

• Assess the contents of hazardous materials and petroleum-based products in building systems (e.g. PCB containing electrical equipment, asbestos-containing building materials) and process equipment and removing them prior to initiation of decommissioning activities, and manage their treatment and disposal according to Section A on General Waste Management: Hazardous Materials and Hazardous Waste Management and Philippine RA 6969 and

• Assess the presence of hazardous substances in or on building materials (e.g., polychlorinated biphenyls, asbestos containing flooring or insulation) and decontaminate or properly manage contaminated building materials 2.6. Wastewater Discharges

Construction and decommissioning activities may include the generation of sanitary wastewater discharges in varying quantities depending on the number of workers involved. Adequate portable or permanent sanitation facilities serving all workers should be provided at all construction sites. Sanitary wastewater in construction and other sites should be managed in

39

compliance with Philippine Republic Act 9275, the Philippine Clean Water Act of 2004 and its Implementing Rules and Regulations, DAO 10-2005. 2.7. Contaminated Land Land contamination may be encountered in sites under construction or decommissioning due to known or unknown historical releases of hazardous materials or oil or due to the presence of abandoned infrastructure formerly used to store or handle these materials, including underground storage tanks. Actions necessary to manage the risk from contaminated land will depend on factors such as the level and location of contamination, the type and risks of the contaminated media, and the intended land use. However, a basic management strategy should include:

• Manage contaminated media with the objective of protecting the safety and health of occupants of the site, the surrounding community, and the environment post construction or post decommissioning

• Understand the historical use of the land with regard to the potential presence of hazardous materials or oil prior to initiation of construction or decommissioning activities

• Prepare plans and procedures to respond to the discovery of contaminated media to minimize or reduce the risk to health, safety, and the environment consistent with Section A and RA 6969 and its Implementing Rules and Regulations.

• Preparation of a management plan to manage obsolete, abandoned, hazardous materials or oil consistent with the approach to hazardous waste management described in Section A and in accordance with RA 6969 and its IRR.

Successful implementation of any management strategy may require identification and cooperation with whoever is responsible and liable for the contamination. 3. Occupational Health and Safety 3.1. Over-exertion Over-exertion, and ergonomic injuries and illnesses, such as repetitive motion, over-exertion, and manual handling, are among the most common causes of injuries in construction and decommissioning sites. Recommendations for their prevention and control include:

• Training of workers in lifting and materials handling techniques in construction and decommissioning projects, including the placement of weight limits above which mechanical assists or two-person lifts are necessary

• Plan work site layout to minimize the need for manual transfer of heavy loads

• Select tools and design work stations that reduce force requirements and holding times, and which promote improved postures, including, where applicable, user adjustable work stations

• Implement administrative controls into work processes, such as job rotations and rest or stretch breaks

40

3.2. Slips and Falls

Slips and falls on the same elevation associated with poor housekeeping, such as excessive waste debris, loose construction materials, liquid spills, and uncontrolled use of electrical cords and ropes on the ground, are also among the most frequent cause of lost time accidents at construction and decommissioning sites. Recommended methods for the prevention of slips and falls from, or on, the same elevation include:

• Implement good house-keeping practices, such as the sorting and placing loose construction materials or demolition debris in established areas away from foot paths

• Clean up excessive waste debris and liquid spills regularly

• Locate electrical cords and ropes in common areas and marked corridors

• Use of slip retardant footwear 3.3. Work in Heights

Falls from elevation associated with working with ladders, scaffolding, and partially built or demolished structures are among the most common cause of fatal or permanent disabling injury at construction or decommissioning sites. If fall hazards exist, a fall protection plan should be in place which includes one or more of the following aspects, depending on the nature of the fall hazard:

• Training and use of temporary fall prevention devices, such as rails or other barriers able to support a weight of 200 pounds, when working at heights equal or greater than two meters or at any height if the risk includes falling into operating machinery, into water or other liquid, into hazardous substances, or through an opening in a work surface

• Training and use of personal fall arrest systems, such as full body harnesses and energy absorbing lanyards able to support 5000 pounds, as well as fall rescue procedures to deal with workers whose fall has been successfully arrested. The tie in point of the fall arresting system should also be able to support 5000 pounds.

• Use of control zones and safety monitoring systems to warn workers of their proximity to fall hazard zones, as well as securing, marking, and labeling covers for openings in floors, roofs, or walking surfaces 3.4. Struck By Objects

Construction and demolition activities may pose significant hazards related to the potential fall of materials or tools, as well as ejection of solid particles from abrasive or other types of power tools which can result in injury to the head, eyes, and extremities. Techniques for the prevention and control of these hazards include:

• Use a designated and restricted waste drop or discharge zones, and/or a chute for safe

movement of wastes from upper to lower levels

• Conduct sawing, cutting, grinding, sanding, chipping or chiseling with proper guards and

anchoring as applicable

• Maintain clear traffic ways to avoid driving of heavy equipment over loose scrap

• Use of temporary fall protection measures in scaffolds and out edges of elevated work surfaces, such as hand rails and toe boards to prevent materials from being dislodged

41 • Evacuate work areas during blasting operations, and using blast mats or other means of deflection to minimize fly rock or ejection of demolition debris if work is conducted in proximity to people or structures

• Wear appropriate PPE, such as safety glasses with side shields, face shields, hard hats,

and safety shoes 3.5. Moving Machinery Vehicle traffic and use of lifting equipment in the movement of machinery and materials on a construction site may pose temporary hazards, such as physical contact, spills, dust, emissions, and noise. Heavy equipment operators have limited fields of view close to their equipment and may not see pedestrians close to the vehicle. Center-articulated vehicles create a significant impact or crush hazard zone on the outboard side of a turn while moving. Techniques for the prevention and control of these impacts include:

• Plan and segregate the location of vehicle traffic, machine operation, and walking areas, and control vehicle traffic through the use of one-way traffic routes, establishment of speed limits, and on-site trained flag-people wearing high-visibility vests or outer clothing covering to direct traffic

• Ensure the visibility of personnel through their use of high visibility vests when working in or walking through heavy equipment operating areas, and train workers to verify eye contact with equipment operators before approaching the operating vehicle

• Ensure moving equipment is outfitted with audible back-up alarms

• Use inspected and well-maintained lifting devices that are appropriate for the load, such as cranes, and securing loads when lifting them to higher job-site elevations. 3.6. Dust

• Dust suppression techniques should be implemented, such as applying water or non- toxic chemicals to minimize dust from vehicle movements

• PPE, such as dusk masks, should be used where dust levels are excessive 3.7. Confined Spaces and Excavations

Examples of confined spaces that may be present in construction or demolition sites include: silos, vats, hoppers, utility vaults, tanks, sewers, pipes, and access shafts. Ditches and trenches may also be considered a confined space when access or egress is limited. In addition to the guidance provided in Section B on Special Hazard Environments, the occupational hazards associated with confined spaces and excavations in construction and decommissioning sites should be prevented according to the following recommendations:

• Control site-specific factors which may contribute to excavation slope instability

including, for example, the use of excavation dewatering, side-walls support, and slope gradient adjustments that eliminate or minimize the risk of collapse, entrapment, or drowning

• Provide safe means of access and egress from excavations, such as graded slopes, graded access route, or stairs and ladders

• Avoid the operation of combustion equipment for prolonged periods inside excavations areas where other workers are required to enter unless the area is actively ventilated

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3.8. Other Site Hazards

Construction and decommissioning sites may pose a risk of exposure to dust, chemicals, hazardous or flammable materials, and wastes in a combination of liquid, solid, or gaseous forms, which should be prevented through the implementation of project-specific plans and other applicable management practices, including:

• Use of specially trained personnel to identify and remove waste materials from tanks, vessels, processing equipment or contaminated land as a first step in decommissioning activities to allow for safe excavation, construction, dismantling or demolition

• Use of specially trained personnel to identify and selectively remove potentially hazardous materials in building elements prior to dismantling or demolition including, for example, insulation or structural elements containing asbestos and Polychlorinated Biphenyls (PCBs), electrical components containing mercury (see RA 6969 and its IRR)

• Use of waste-specific PPE based on the results of an occupational health and safety assessment, including respirators, clothing/protective suits, gloves and eye protection

4. Community Health and Safety 4.1. General Site Hazards Projects should implement risk management strategies to protect the community from physical, chemical, or other hazards associated with sites under construction and decommissioning. Risks may arise from inadvertent or intentional trespassing, including potential contact with hazardous materials, contaminated soils and other environmental media, buildings that are vacant or under construction, or excavations and structures which may pose falling and entrapment hazards. Risk management strategies may include:

• Restrict access to the site, through a combination of institutional and administrative controls, with a focus on high risk structures or areas depending on site-specific situations, including fencing, signage, and communication of risks to the local community

• Remove hazardous conditions on construction sites that cannot be controlled affectively with site access restrictions, such as covering openings to small confined spaces, ensuring means of escape for larger openings such as trenches or excavations, or locked storage of hazardous materials 4.2. Disease Prevention

Increased incidence of communicable and vector-borne diseases attributable to construction activities represents a potentially serious health threat to project personnel and residents of local communities. Recommendations for the prevention and control of communicable and vector-borne diseases also applicable to construction phase activities are provided in Section C on Community Health and Safety: Disease Prevention. 4.3. Traffic Safety

Construction activities may result in a significant increase in movement of heavy vehicles for the transport of construction materials and equipment increasing the risk of traffic-related accidents

43

and injuries to workers and local communities. The incidence of road accidents involving project vehicles during construction should be minimized through a combination of education and awareness-raising, and the adoption of procedures described in Section C on Community Health and Safety: Traffic Safety.

ANNEX 8A

ENVIRONMENTAL MANAGEMENT PLAN TEMPLATES – RENEWABLE ENERGY PROJECTS1

A. Mini-Hydroelectric Power Development Project

Project Phase Potential Impact Mitigation Measures Institutional Responsibility

Monitoring Schedule

Costs

Project Siting Change in land use thus affecting farming and other traditional uses of the land

• Consult the zoning plans and

regulations of the concerned local government units

• Conduct proper valuation of assets and resources that will be damaged or lost and provide proper compensation for these

Displacement of people living within the site where the hydro facility will be constructed

• Relocation of people to a suitable area

• Proper compensation will be provided for the resources lost

Disruption/destruction of tribal/indigenous groups

• During site selection process, avoid

areas occupied by tribal/indigenous people

• Relocation of the tribal/indigenous group on areas where they can retain their lifestyle and customs

• Proper compensation will be provided for the resources lost

Loss of historical, archeological and cultural resources

• During site selection, avoid sites with

historical, archeological and cultural value – avoid environmentally critical areas

• In site selection, consult the Philippines National Museum-

1

Occupational health and safety guidelines are included in the General Environment Codes of Practice (ECOPs) in Annex 7. Additional ECOPs for particular renewable energy projects are in Annex 9. The EMPs were synthesized and consolidated from the IFC, World Bank Group- Environmental, Health and Safety Guidelines, April 30, 2007, Philippine PD 1586, RA 6969, RA 7586, RA 8749, RA 9003 and RA 9275 and various references (see Annex 19- References).

2

Project Phase Potential Impact Mitigation Measures Institutional Responsibility

Monitoring Schedule

Costs

Project Siting Cultural Properties Division and their maps to determine areas with possible historical, archeological and cultural value, so as to avoid these

Visual impact thus affecting tourism and decreasing the aesthetic value of the area

• During site selection process, consider the aesthetic value of the area – avoid environmentally critical areas.

• Consult the DENR to determine environmentally critical areas so as to avoid these, as much as possible

Possible loss of aquatic, wetland and/or terrestrial habitat due to flooding

• During the site selection process, take into account the value of the area to be flooded.

Project Design Pollutant emissions • Select the proper equipment and the best available technology for controlling pollution emissions that will be able to comply with the Philippine Clean Air Act and the Clean Water Act and national air and water quality standards/guidelines set by DENR

Noise generation • Design the power plant to reduce

noise to acceptable limits (for residential areas 50 decibels at peak hours and 40 decibels during the wee hours in the morning) outside the perimeter of the power plant

• Sound proofing of the generator housing

Environmental aesthetics • The design of the facility should

consider the preservation of environmental aesthetics

Disturbance of vegetation and wildlife due to habitat loss

• In designing the route of

transmission lines and access roads, take into consideration the location of

3

Project Phase Potential Impact Mitigation Measures Institutional Responsibility

Monitoring Schedule

Costs

Project Design

sensitive or valuable ecosystems

• Use of existing roads, alignment

selection and planning and reforestation

Siltation that can cause blockage of the flow and diversion of the river/stream and damage to the penstocks, valves, sluice gates and turbine runners of the mini-hydro facility

• Design the intake in such as way as to avoid silt being deposited around it, which would impede the flow to the turbine

• Incorporate settling basins into the headrace channel in order to prevent and remove silt being deposited around the intake

Buffer zone • Mark out an adequate buffer zone as per DENR and local government regulations to prevent nuisances/damages to nearby communities and properties

Fish injuries caused by passing through the turbine or any sharp part of the structure; obstruction to movement of aquatic life resulting to loss of aquatic species

• The design of the mini-hydro facility must be such that fish must not be ingested into the turbine (so the mesh of the trashrack must be fine enough) and there must be a water passage by-passing the hydro facility (fish by-pass) at all times so that fish can migrate up or downstream

• To enable fish to pass upstream, the construction of a fish ladder might be needed, e.g., a series of pools one above the other, with water overflowing from the higher ones to the lower ones to enable fish to jump up from one pool to the next

Water quality: thermal stratification, turbidity and temperature changes, oxygen depletion and anoxic waters

• N/A for mini-hydro plants without reservoirs

• Selective or multi-level water intakes

or structures for re-oxygenation downstream of the reservoir

4

Project Phase Potential Impact Mitigation Measures Institutional Responsibility

Monitoring Schedule

Costs

Project Design

Loss/creation of aquatic habitat due to altered thermal regime

• Design consideration of the hydro facility

Competition for water use • If the river is also used for irrigation, the design of the mini-hydro facility must allow for water to be removed from the river for crop irrigation

• The design of the weir and intake structures must allow the diversion of the correct water river flow volume whether the river is in low or high flow condition.

• Payment of compensation for adversely affected water users of the same river used for the mini-hydro facility.

Project Construction

• Solid wastes and toxic and hazardous wastes from construction, e.g., grease, oil, etc

• Possible generation of

domestic waste due to temporary quarters or barracks and field office built for construction workers

• Compliance with RA 9003 for solid wastes

• Set-up temporary disposal

mechanism within the construction area and properly dispose the generated solid wastes

• Contactor and its workers to observe

proper housekeeping, sanitation and waste minimization.

• Compliance with RA 6969 for toxic and hazardous wastes

• All hazardous (ignitable, reactive,

flammable, radioactive, corrosive and toxic) materials must be stored in clearly labeled containers or vessels

5

Project Phase Potential Impact Mitigation Measures Institutional Responsibility

Monitoring Schedule

Costs

Project Construction

• Fire prevention systems and

secondary containment should be provided for storage facilities to prevent fires or the release of hazardous materials to the environment

• Proper disposal of domestic waste will be observed by the proponent and contractors

Accumulation of solid wastes (vegetation) from clearing and land preparation

• Proper disposal of the generated solid wastes will be observed

• Recover merchantable timbers

Dust generation during land preparation activities (i.e. excavation works and slope modification)

• Sprinkling of water on roads and site to minimize dust

Disturbance of vegetation • All clearing activities will be carried out in a manner such that damage or disruption to vegetation is minimized.

• All trees that will be cut will be properly compensated

• Relevant permits will be secured

from concerned agencies prior to cutting

• Recover merchantable timbers

• Reforestation within the periphery of the hydro facility

Disturbance of wildlife and rare and endangered species

• A “No Hunting” policy from the contractor to minimize the potential increase for wildlife hunting and poaching due to temporary increase of workers in the area

• Avoid areas that are considered as environmentally critical areas

6

Project Phase Potential Impact Mitigation Measures Institutional Responsibility

Monitoring Schedule

Costs

Project Construction

Noise associated with blasting, land clearing and preparation

• Noisy activities will be limited during

the daytime to avoid annoyance to community.

• Proper scheduling of noisy construction activities during day time.

• Use mufflers for noisy equipment

• Use blasting mats, noise silencers

• Use warning devices for blasting activities

Soil and/or groundwater pollution due to routine and accidental release of chemicals/pollutants

• Compliance with national laws, e.g., RA 6969 and related laws and international regulations concerning hazardous materials such as the IFC Hazardous Materials Management, for materials like used batteries (storage, processing, disposal, transportation)

Spoils from excavation works and construction materials

• Proper disposal of solid wastes and

proper housekeeping will be initiated by the proponent and contractors

Erosion caused by building roads or structures on steep slope and increased sedimentation from digging activities.

• Employ slope stabilization methods on areas of steep slope

• Employ safety measures to minimize erosion

• Establishment of sediment traps

The natural landscape of the project site will be altered.

• Reforestation of areas to replace those taken up by the construction of the access roads, the mini-hydro facility and ancilliary facilities

Loss of aquatic habitat due to excavation work in watercourses

(N/A – if no excavation)

• Avoid or reduce construction activities during breeding or spawning seasons of sensitive species

7

Project Phase Potential Impact Mitigation Measures Institutional Responsibility

Monitoring Schedule

Costs

Project Operation Threat to public health if domestic solid waste generated from the operation will not be properly disposed of.

• A Solid Waste Management Plan which includes recycling, proper housekeeping and waste disposal will be formulated and implemented.

Upon transformation into an impoundment, there is possible reduction of capacity for self-cleaning of the water (oxygen depletion, increase in nutrient content)

(N/A – if no impoundment; water diversion only)

• Addition of re-oxygenation devices downstream of water impoundment

Dying out of riverbed between the intake and the outlet

(N/A – if water diversion only)

• Water pollution by

domestic effluent from the administration building.

• Water pollution due to emission of pollutants during operation and maintenance practices onsite.

• Effluent will be treated in a conventional septic system

• Treat domestic effluents in an adequate septic tank system (at least 3-chambers)

• Provide adequate wastewater treatment facilities

Potential change of sedimentation; flowing water in the river may carry small sediments that can cause damage to the turbine.

• Regular cleaning of the settling pond will be conducted to prevent siltation and to remove large organic debris before any incipient decomposition occurs.

• Remove sediments before the water enters the penstock

Accumulation of floating debris at the intake

• Employ measures to avoid accumulation of floating debris at the intake.

• Regular removal of floating debris at the intake.

8

Project Phase Potential Impact Mitigation Measures Institutional Responsibility

Monitoring Schedule

Costs

Project Operation

There will be competition on water resource as a result of the plant operation.

• Planning and management of hydro

facility in context of regional development plans

• Compensation to be given for negative impacts

Sudden change in volume of water flow due to intermittent operation of the hydro scheme resulting to loss in aquatic life

• Employ best known operation practices to minimize surges.

• Manage flow regime or spillway

during downstream movement of migratory fish.

Loss of aquatic habitat due to flushing of the impoundment and de- watering of basins and channels during maintenance work

• N/A if there is no impoundment

• Provision and implementation of flushing guidelines

Possible loss of aquatic, wetland and/or terrestrial habitat due to flooding

• Generally, low dams that allow no or

limited storage capabilities will produce none or minimal flooding.

• N/A for run-of-river facilities with low dams that allow no or limited storage capabilities and will produce none or minimal flooding

• Proper management of reservoir water levels

• Establish and maintain minimum levels of water flow.

Obstruction to movement of aquatic life resulting to loss of aquatic species

• Include fishway or by-pass or other

structures that will aid in fish migration/ movement

Fish injuries caused by passing through the turbine or any sharp part of the structure

• Incorporate in the design of the hydro facility features that will minimize injury or loss of aquatic species

9

Project Phase Potential Impact Mitigation Measures Institutional Responsibility

Monitoring Schedule

Costs

Project Decommissioning/ Abandonment

• Contamination of soil and water due to abandoned structures and equipment.

• Solid waste from demolition of buildings or used equipment.

• Flooding due to blocking of abandoned dam.

• Decommissioning plan must be in place

10 ANNEX 8B

ENVIRONMENTAL MANAGEMENT PLAN TEMPLATES – RENEWABLE ENERGY PROJECTS2

B. Wind Energy Development Project3

Project Phase Potential Impact Mitigation Measures Institutional

Responsibility Monitoring Schedule

Costs

Project Siting Visual Impact • Consult the community on the

location of the wind farm to incorporate community values into design;

• Consider the landscape character during turbine siting;

• Consider the visual impacts of the turbines from all relevant viewing angles when considering locations;

• Minimize presence of ancillary structures on the site by avoiding fencing, minimizing roads, burying intraproject power lines, and removing inoperative turbines;

• Avoid steep slopes, implement erosion measures, and promptly revegetate cleared land with native species only;

• Maintain uniform size and design of

turbines (e.g. direction of rotation, type of turbine and tower, and height);

• Paint the turbines a uniform color, typically matching the sky (light gray or pale blue), while observing marine

2

Occupational health and safety guidelines are included in the General Environment Codes of Practice (ECOPs) in Annex 7. Additional ECOPs for particular

renewable energy projects are in Annex 9. The EMPs were synthesized and consolidated from the IFC, World Bank Group- Environmental, Health and Safety

Guidelines, April 30, 2007, Philippine PD 1586, RA 6969, RA 7586, RA 8749, RA 9003 and RA 9275 and various references (see Annex 19- References). 3

Occupational Health and Safety, Community Health and Safety including effects of wind energy projects on aircraft and marine navigation safety, electromagnetic interference, aviation radar, telecommunication system, television and public access are discussed in Annex 9B- ECOPs

11

Project Phase Potential Impact Mitigation Measures Institutional Responsibility

Monitoring Schedule

Costs

Project Siting

and air navigational marking regulations;

• Avoid including lettering, company insignia, advertising, or graphics on the turbines.

Noise • Proper siting of wind farms to avoid locations in close proximity to sensitive noise receptors (e.g. residences, hospitals, and schools

• Adherence to national orinternational acoustic design standards for wind turbines (e.g. International Energy Agency, International Electrotechnical Commission [IEC], and the American National Standards Institute).

12

Project Phase Potential Impact Mitigation Measures Institutional Responsibility

Monitoring Schedule

Costs

Project Siting

Species Mortality or Injury and Disturbance – Onshore

• Conduct site selection to account for known migration pathways or areas where birds and bats are highly concentrated. Examples include wetlands, designated wildlife refuges, staging areas, rookeries, bat hibernation areas, roosts, ridges, river valleys, and riparian areas;

• Configure turbine arrays to avoid potential avian mortality (e.g. group turbines rather than spread them widely or orient rows of turbines parallel to known bird movements);

• Implement appropriate stormwater

management measures to avoid creating attractions such as small ponds which can attract birds and bats for feeding or nesting near the wind farm.

Species Mortality or Injury and Disturbance – Offshore

• Proper siting to avoid high-density bird use areas, including migratory pathways;

Disturbance of wildlife i.e. blockade of wildlife passageways and hazards to wildlife due to the

rotating wind turbine blades

• During the site selection process, take into account the proximity of bird-protected areas, nesting or brooding areas, migration areas or other areas of ornithological importance

Water Quality • Consider the potential for interference of structural components of the project with commercial or recreational fisheries and marine species habitats

13

Project Phase Potential Impact Mitigation Measures Institutional Responsibility

Monitoring Schedule

Costs

Project Siting

Shadow flicker and Blade Glint Shadow flicker occurs when the sun passes behind the wind turbine and casts a shadow. As the rotor blades rotate, shadows pass over the same point causing an effect termed shadow licker. Shadow flicker may become a problem when residences are located near, or have a specific orientation to, the wind farm. Blade or tower glint occurs when the sun strikes a rotor blade or the tower at a particular orientation. This can impact a community, as the reflection of sunlight off the rotor blade may be angled toward nearby residences. Blade glint is a temporary phenomenon for new turbines only, and typically disappears when blades have been soiled after a few months of operation.

• Site and orient wind turbines so as to avoid residences located within the narrow bands, generally southwest and southeast of the turbines, where shadow flicker has a high frequency. Commercially available modeling software can be used to identify a ‘zone’ of flicker and the wind farm can then be sited appropriately;

Project Design Noise • Adherence to national or international acoustic design standards for wind turbines

Water Quality • Plan the installation of structural components taking into account

14

Project Phase Potential Impact Mitigation Measures Institutional Responsibility

Monitoring Schedule

Costs

Project Design

sensitive life-cycle periods;

• Use silt curtains, where feasible, to

contain turbidity from underwater construction.

Damage or loss of valuable ecological resources

• Avoid installing structures on areas considered as sensitive ecosystems

Species Mortality or Injury and Disturbance – Onshore

• Configure turbine arrays to avoid

potential avian mortality (e.g. group turbines rather than spread them widely or orient rows of turbines parallel to known bird movements)

Electromagnetic interference(EMI)

• Carefully select material employed

for wind turbine blades; turbines with metallic blade, fiberglass blades are partially transparent to electromagnetic waves, and therefore do not generally cause EMI problems

• Compliance with guidelines and other requirements to avoid electromagnetic interference with aviation equipment.

15

Project Phase Potential Impact Mitigation Measures Institutional Responsibility

Monitoring Schedule

Costs

Project Construction

Solid wastes and toxic and hazardous wastes from construction, e.g., grease, oil, etc

• Compliance with RA 9003 for solid wastes

• Set-up temporary disposal

mechanism within the construction area and properly dispose the generated solid wastes

• Contactor and its workers to observe

proper housekeeping, sanitation and waste minimization.

• Compliance with RA 6969 for toxic and hazardous wastes

• All hazardous (ignitable, reactive,

flammable, radioactive, corrosive and toxic) materials must be stored in clearly labeled containers or vessels

• Fire prevention systems and secondary containment should be provided for storage facilities to prevent fires or the release of hazardous materials to the environment

Water Quality-offshore Water quality and marine species and commercial or recreational fisheries may be adversely affected by the installation of the turbine foundations and subsurface cables which may disturb the marine seabed and temporarily increase suspended sediments in the water column.

• Use silt curtains, where feasible, to contain turbidity from underwater construction

16

Project Phase Potential Impact Mitigation Measures Institutional Responsibility

Monitoring Schedule

Costs

Project Construction

Erosion caused by installing structures such as wind turbine generators on steep slopes

• Employ slope stabilization on areas of steep slope

Disturbance of vegetation • All clearing activities will be carried out in a manner such that damage or disruption to vegetation is minimized.

• All trees that will be cut will be properly compensated

• Relevant permits will be secured from concerned agencies prior to cutting

Dust generation during land preparation activities (i.e. excavation works and slope modification)

• Sprinkling of water to minimize dust

Species Mortality or Injury and Disturbance – Offshore

• Employ a ‘soft start’ procedure for pile-driving activities to help prevent exposure of fish, marine mammals, and sea turtles to damaging sound levels and provide them with an opportunity to leave the area;

• Use of hydraulic jet plowing technology for the installation of cables, which is considered the least environmentally damaging alternative when compared to traditional technologies;

• Use of a monopole turbine foundation, which results in the least amount of seabed disturbance compared to other foundation types.

Project Operation Generation of Noise • Proper scheduling of noisy

construction activities during day time

• Use mufflers for noisy equipment

17

Project Phase Potential Impact Mitigation Measures Institutional Responsibility

Monitoring Schedule

Costs

Project Operation

Soil and/or groundwater pollution due to routine and accidental release of chemicals/pollutants

• Compliance with national laws, e.g., RA 6969 and related laws and international regulations concerning hazardous materials such as the IFC Hazardous Materials Management, for materials like used batteries (storage, processing, disposal, transportation)

Mechanical noise of the rotation of blades and of the turbines

• Use turbines with low sound emissions

• Situate the turbines on areas that will mask the noise. Furthermore, consider locations which are far from populated areas.

Species Mortality or Injury and Disturbance – Offshore

Prevention and control measures to minimize seabird collision:

• Maintain turbine tower heights below typical elevations of migratory bird pathways;

• Maintain rotor blades a suitable

distance from the ocean surface to avoid strikes with seabird activity close to the ocean surface;

• Employ slower-turning rotor blades to make them more visible.

Species Mortality or Injury and Disturbance – Onshore

• Implement appropriate stormwater

management measures to avoid creating attractions such as small ponds which can attract birds and bats for feeding or nesting near the wind farm.

Shadow flicker and Blade Glint

• Paint the wind turbine tower with non-reflective coating to avoid reflections from towers.

18

ANNEX 8C

ENVIRONMENTAL MANAGEMENT PLAN TEMPLATES – RENEWABLE ENERGY PROJECTS4

C. Biomass Thermal Development Project5

Project Phase Potential Impact Mitigation Measures Institutional

Responsibility Monitoring Schedule

Costs

Project Siting Noise • Site new facilities with consideration

of distances from the noise sources to the receptors (e.g., residential receptors, schools, hospitals, religious places). If the local land use is not controlled through zoning or is not effectively enforced, examine whether residential receptors could come outside the acquired plant boundary. In some cases, it could be more cost effective to acquire additional land as buffer zone around the perimeter of the power plant.

Visual Impact • During the site selection process, take into account the aesthetic value of the proposed site for installation

Change in land use

• Observe proper siting, avoiding environmentally critical areas

Project Design Air Emissions • Install adequate air pollution control

facilities such as dust collection system or electrostatic precipitator.

• Design stack heights according to

4

Occupational health and safety guidelines are included in the General Environment Codes of Practice (ECOPs) in Annex 7. Additional ECOPs for particular renewable energy projects are in Annex 9. The EMPs were synthesized and consolidated from the IFC, World Bank Group- Environmental, Health and Safety Guidelines, April 30, 2007, Philippine PD 1586, RA 6969, RA 7586, RA 8749, RA 9003 and RA 9275 and various references (see Annex 19- References). 5

Additional Occupational health and safety ECOPs on Non-ionizing radiation, heat, noise, confined spaces, electrical hazards, fire and explosion hazards,

chemical hazards and dust and Community health and safety ECOPs for biomass thermal development projects are in Annex 9C.

19

Project Phase Potential Impact Mitigation Measures Institutional Responsibility

Monitoring Schedule

Costs

Project Design Good International Industry Practice (GIIP) to avoid excessive ground level concentrations and minimize impacts, including acid deposition;

• Selection of the best power generation technology for the fuel chosen to balance the environmental and economic benefits. The choice of technology and pollution control systems will be based on the site-specific environmental assessment.

• Compliance with RA 8747, the Philippine Clean Air Act of 1999;

Noise • Use of noise control techniques such

as: using acoustic machine enclosures; selecting structures according to their noise isolation effect to envelop the building; using mufflers or silencers in intake and exhaust channels; using sound- absorptive materials in walls and ceilings; using vibration isolators and flexible connections (e.g.,helical steel springs and rubber elements); applying a carefully detailed design to prevent possible noise leakage through openings or to minimize pressure variations in piping.

20

Project Phase Potential Impact Mitigation Measures Institutional Responsibility

Monitoring Schedule

Costs

Project Construction

Solid wastes and toxic and hazardous wastes from construction, e.g., grease, oil, etc

• Compliance with RA 9003 for solid wastes

• Set-up temporary disposal

mechanism within the construction area and properly dispose the generated solid wastes

• Contactor and its workers to observe

proper housekeeping, sanitation and waste minimization.

• Compliance with RA 6969 for toxic and hazardous wastes

• All hazardous (ignitable, reactive,

flammable, radioactive, corrosive and toxic) materials must be stored in clearly labeled containers or vessels

• Fire prevention systems and secondary containment should be provided for storage facilities to prevent fires or the release of hazardous materials to the environment

Noise • Proper scheduling of noisy

construction activities during day time

• Use mufflers for noisy equipment

Soil and/or groundwater pollution due to routine and accidental release of chemicals/pollutants

• Compliance with national laws, e.g., RA 6969 and related laws and international regulations concerning hazardous materials such as the IFC Hazardous Materials Management, for materials like used batteries (storage, processing, disposal, transportation)

21

Project Phase Potential Impact Mitigation Measures Institutional Responsibility

Monitoring Schedule

Costs

Project Operation Solid waste, ash generation from operation

• Compliance with RA 8749, Philippine Clean Air Act of 1999

• Compliance with RA 9003 on ecological solid waste management.

• Proper disposal of solid waste will be

observed based on volume and chemical composition

• Management of ash disposal and reclamation so as to minimize environmental impacts – especially the migration of toxic metals, if present, to nearby surface and groundwater bodies, in addition to the transport of suspended solids in surface runoff due to seasonal precipitation and flooding.

• Construction, operation, and maintenance of surface impoundments should be conducted in accordance with RA 9003 and internationally recognized standards.

Air pollution due to; a. Emissions of NOx, SO2, CO, particulates, VOC, CO2 and other greenhouse gases

b. Methane emissions

• Compliance with RA 8749, Philippine Clean Air Act of 1999

• Installation of Continuous Emissions

Monitoring System (CEMS) for Total Suspended Particulate (TSP) required under RA 8749.

• Use of conversion technology with lower emission – comply with RA 8749 and/or international quality standards limits.

• Employ best known methods for methane collection to avoid venting

Possible decrease or loss of nutrient source for the forest and possible soil

• Employ best known methods in

harvesting agricultural and forestry residues.

22

Project Phase Potential Impact Mitigation Measures Institutional Responsibility

Monitoring Schedule

Costs

Project Operation

erosion and/or compaction

Noise • Modification of the plant

configuration or use of noise barriers such as berms and vegetation to limit ambient noise at plant property lines, especially where sensitive noise receptors may be present.

Effluents Thermal Discharges

• Use of multi-port diffusers;

• Adjustment of the discharge

temperature, flow, outfall location, and outfall design to minimize impacts to acceptable level (i.e., extend length of discharge channel before reaching the surface water body for pre-cooling or change location of discharge point to minimize the elevated temperature areas);

• Use of a closed-cycle, recirculating

cooling water system (e.g., natural or forced draft cooling tower), or closed circuit dry cooling system (e.g., air cooled condensers) if necessary to prevent unacceptable adverse impacts or use cooling ponds

Liquid Waste, Wastewater discharges

• Recycling of wastewater

• Collection of fly ash in dry form and

bottom ash in drag chain conveyor systems in new coal-fired power plants;

• Consider use of soot blowers or other dry methods to remove fireside wastes from heat transfer surfaces so as to minimize the

23

Project Phase Potential Impact Mitigation Measures Institutional Responsibility

Monitoring Schedule

Costs

Project Operation frequency and amount of water used in fireside washes;

• Use of SOX removal systems that

generate less wastewater, if feasible; however, the environmental and cost characteristics of both inputs and wastes should be assessed on a case-by-case basis;

• Treatment of low-volume wastewater streams that are typically collected in the boiler and turbine room sumps in conventional oil-water separators before discharge;

• Treatment of acidic low-volume wastewater streams, such as those associated with the regeneration of makeup demineralizer and deep-bed condensate polishing systems, by chemical neutralization in-situ before discharge;

• Pretreatment of cooling tower

makeup water, installation of automated bleed/feed controllers, and use of inert construction materials to reduce chemical treatment requirements for cooling towers;

24 ANNEX 8D

ENVIRONMENTAL MANAGEMENT PLAN TEMPLATES – RENEWABLE ENERGY PROJECTS6

D. Biomass Energy Crop Production Project7

Project Phase Potential Impact Mitigation Measures Institutional

Responsibility Monitoring Schedule

Costs

Project Siting Visual Impact • During the site selection process, take into account the aesthetic value of the proposed site.

Change in land use and biodiversity impacts - Loss of Genetic resources and Variability

• Observe proper siting, avoiding environmentally critical areas

• Before converting land to plantation crop production, survey the project area to identify, categorize, and delineate natural and modified habitat types and ascertain their biodiversity value at the regional or national level;

• Ensure that any natural or modified habitat to be converted to plantation crop production does not contain critical habitat, including known habitat of critically endangered or endangered species, or important wildlife breeding, feeding, and staging areas;

Brownfield location • Previous land use: If land was used for

intensive arable cultivation, or other potentially contaminating activity, look for soil and groundwater studies to check for potential on-site contamination.

6

Occupational health and safety guidelines are included in the General Environment Codes of Practice (ECOPs) in Annex 7. Additional ECOPs for particular renewable energy projects are in Annex 9. The EMPs were synthesized and consolidated from the IFC, World Bank Group- Environmental, Health and Safety Guidelines, April 30, 2007, Philippine PD 1586, RA 6969, RA 7586, RA 8749, RA 9003 and RA 9275 and various references (see Annex 19- References). 7

Covers Crop Production only. The EMP of the Conversion of Crops to Biomass Thermal Energy are in Annex 8C.

25

Project Phase Potential Impact Mitigation Measures Institutional Responsibility

Monitoring Schedule

Costs

Project Siting Stress on water resources

• Determine the quantity and quality of water needed for crop production;

• Evaluate the capacity of groundwater

or surface water resources and collaborate with national or regional institutions to ensure that the project considers existing or emerging plans for water management and monitoring;

• Select crops compatible with water availability;

Project Design Soil Erosion and Loss of Productive Capacity

• Use crops suited or adapted to the local climate and soil conditions;

• In areas with steep slopes, carefully

consider planting zones and the direction of planting in relation to land contours to avoid erosion caused by precipitation or irrigation;

Biodiversity Impacts - Loss of Genetic Resources and Variability

• Use certified crop seeds that do not

contain seeds from invasive alien species and that comply with the information on the packaging regarding seed diameter and species;

• Be aware of the presence of critically

endangered or endangered species in the areas already used for plantation crop production and consider them during management processes;

Biodiversity Impacts - Genetically Modified Organisms (GMOs)

• The introduction of GMO crops should be assessed for compliance with the existing host country regulatory framework.

26

Project Phase Potential Impact Mitigation Measures Institutional Responsibility

Monitoring Schedule

Costs

Project Construction and Operation

Solid wastes and toxic and hazardous wastes from construction, e.g., grease, oil, etc

• Compliance with RA 9003 for solid wastes

• Set-up temporary disposal

mechanism within the construction area and properly dispose the generated solid wastes.

• Contactor and its workers to observe

proper housekeeping, sanitation and waste minimization.

• Compliance with RA 6969 for toxic and hazardous wastes

• All hazardous (ignitable, reactive,

flammable, radioactive, corrosive and toxic) materials must be stored in clearly labeled containers or vessels

• Fire prevention systems and secondary containment should be provided for storage facilities to prevent fires or the release of hazardous materials to the environment.

Stress on water resources

• Maximize the use of available

precipitation (“rain harvesting”), where feasible, by:

• Reducing runoff by methods such as conservation tillage, terraces, and raised ridges that follow the land contour;

• Diverting water within the catchment area toward the crops themselves by diverting spate flow from wadis, directing runoff with low walls, and diverting flow toward crops from roads and paths to store water in the soil and reduce the effect of short dry spells;

27

Project Phase Potential Impact Mitigation Measures Institutional Responsibility

Monitoring Schedule

Costs

Project Construction and Operation

• Storing runoff from rainy periods for

use during dry spells by using tanks, ponds, cisterns, and earth dams;

• Implementing irrigation water conservation measures:

• Reduce evaporation by avoiding midday irrigation and using trickle or drip irrigation techniques (if practical), or using ‘under canopy’ rather than overhead sprinkling;

• Reduce seepage losses in channels by lining them or using closed conduits;

• Control weeds on inter-row strips and keep them dry;

• Avoid over and under-irrigation to decrease potential for soil salinization;

• Maintain border vegetation in canals and drainage systems;

• Maintain a water management

logbook that records precipitation, rainfall, and evaporation, as well as time and amounts of irrigation applied, in order to develop an understanding of long-term trends in water use.

Solid waste generation • Compliance with RA 9003

• Proper disposal of solid waste will be

observed based on volume and chemical composition

Possible decrease or loss of nutrient source for the forest and possible soil erosion and/or compaction

• Employ best known methods in

harvesting agricultural and forestry residues.

28

Project Phase Potential Impact Mitigation Measures Institutional Responsibility

Monitoring Schedule

Costs

Project Construction and Operation

Soil Erosion and Loss of Productive Capacity

• Practice Integrated Nutrient

Management (INM) to avoid nutrient depletion or accumulation;

• Use stone barriers, vegetative cross- slope barriers, terraces, or drainage and diversion canals to prevent wind and water erosion;

• Use appropriate machinery to avoid soil compaction caused by excessively heavy equipment;

• Avoid the use of overly saline water for irrigation to prevent salinization;

• Use plant cover or intercrops and shelterbelts to reduce erosion from wind and heavy rain;

• Increase the organic matter content in

the soil by applying organic matter such as crop residues, compost, and manure to protect the soil physically from sun, rain, and wind and to feed soil biota. The potential for spreading of pests should be considered before implementing this practice;

• Consider adding lime to soil to compensate for acidification, caused by acid deposition and fertilizers, and to maintain stable pH levels; Assess sludge quality for contaminants (for example, heavy metals) prior to use for soil enhancement.

Pesticide Use a. Alternatives to pesticide Application

• Provide those responsible for deciding on pesticides application with training in pest identification, weed identification, and field scouting;

• Use mechanical weed control and / or thermal weeding;

29

Project Phase Potential Impact Mitigation Measures Institutional Responsibility

Monitoring Schedule

Costs

Project Construction and Operation

• Support and use beneficial organisms, such as insects, birds, mites, and microbial agents, to perform biological control of pests;

• Protect natural enemies of pests by providing a favorable habitat, such as bushes for nesting sites and other original vegetation that can house pest predators;

• Use animals to graze areas and manage plant coverage;

• Use mechanical controls such as

traps, barriers, light, and sound to kill, relocate, or repel pests

Pesticide Application • Comply with the regulations of the

Fertilizer and Pesticide Authority and RA 6969

• Train personnel to apply pesticides and ensure that personnel have received applicable certifications or equivalent training where such certifications are not required;

• Review the manufacturer’s directions on maximum recommended dosage or treatment as well as published reports on using the reduced rate of pesticide application without loss of effect (such as DAAS 2000), and apply the minimum effective dose;

• Apply pesticides based on criteria such as field observations, weather data, time of treatment, and dosage, and maintain a pesticide logbook to record such information;

• Avoid the use of pesticides that fall under the World Health Organization Recommended Classification of

30

Project Phase Potential Impact Mitigation Measures Institutional Responsibility

Monitoring Schedule

Costs

Project Construction and Operation

Pesticides by Hazard Classes 1a and 1b.

• Avoid the use of pesticides that fall under the World Health Organization Recommended Classification of Pesticides by Hazard Class II if the project host country lacks restrictions on distribution and use of these chemicals, or if they are likely to be accessible to personnel without proper training, equipment, and facilities to handle, store, apply, and dispose of these products properly;

• Avoid the use of pesticides listed in Annexes A and B of the Stockholm Convention, except under the conditions noted in the convention;

• Use only pesticides that are manufactured under license and registered and approved by the appropriate authority and in accordance with the Food and Agriculture Organization’s (FAO’s) International Code of Conduct on the Distribution and Use of Pesticides

• Use only pesticides that are labeled in accordance with international standards and norms, such as the FAO’s Revised Guidelines for Good Labeling Practice for Pesticides

• Select application technologies and practices designed to reduce unintentional drift or runoff only as indicated in an IPM program, and under controlled conditions;

• Maintain and calibrate pesticide application equipment in accordance

31

Project Phase Potential Impact Mitigation Measures Institutional Responsibility

Monitoring Schedule

Costs

Project Construction and Operation

with manufacturer’s recommendations;

• Establish untreated buffer zones or strips along water sources, rivers, streams, ponds, lakes, and ditches to help protect water resources;

• Avoid use of pesticides that have been linked to localized environmental problems and threats.

Pesticide Handling and Storage

• Store pesticides in their original packaging, in a dedicated, dry, cool, frost-free, and well aerated location that can be locked and properly identified with signs, with access limited to authorized people. No human or animal food may be stored in this location. The store room should also be designed with spill containment measures and sited in consideration of potential for contamination of soil and water resources;

• Mixing and transfer of pesticides should be undertaken by trained personnel in ventilated and well lit areas, using containers designed and dedicated for this purpose.

• Containers should not be used for any other purpose (e.g. drinking water). Contaminated containers should be handled as hazardous waste, and should be treated accordingly. Disposal of containers contaminated with pesticides should be done in a manner consistent with FAO guidelines and with manufacturer's directions;

• Purchase and store no more pesticide

32

Project Phase Potential Impact Mitigation Measures Institutional Responsibility

Monitoring Schedule

Costs

Project Construction and Operation

than needed and rotate stock using a “first-in, first-out” principle so that pesticides do not become obsolete. Additionally, the use of obsolete pesticides should be avoided under all circumstances; A management plan that includes measures for the containment, storage and ultimate destruction of all obsolete stocks should prepared in accordance to guidelines by FAO and consistent with country commitments under the Stockholm, Rotterdam and Basel Conventions.

• Collect rinse water from equipment cleaning for reuse (such as for the dilution of identical pesticides to concentrations used for application);

• Ensure that protective clothing worn during pesticide application is either cleaned or disposed of in an environmentally responsible manner

• Implement groundwater supply wellhead setbacks for pesticide application and storage

• Maintain records of pesticide use and effectiveness

Eutrophication of Aquatic Environments

a. Evaluate the need for, and reduce the use of, crop nutrients:

• Balance nutrient application according

to INM recommendations, including the use of reduced or no soil techniques, nutrient recycling,

33

Project Phase Potential Impact Mitigation Measures Institutional Responsibility

Monitoring Schedule

Costs

Project Construction and

Operation

one-pass soil separation and sowing, taking into account the potential creased pesticide consumption

• Use plants to cover the soil, especially during a fallow period and in wet regions, to reduce loss of nutrients; Incorporate organic waste materials into soils rather than burning

• Avoid excess fertilization by analyzing soil before the growing season to estimate how much additional plant nutrient will be needed for the crop to be produced. Evaluate the need for crop nutrient application through test observations

• Assess soil acidity, which important for achieving maximum uptake of phosphates; Provide farm operators with training in INM following published principles and agricultural practice manuals.

a. Crop Nutrient Application

• Apply organic matter, such as manure, to replace chemical fertilizers to the extent practical;

• Incorporate manure into the soil or apply between growing crops to improve plant utilization of nutrients and thereby reduce nutrient loss and contamination. Do not apply solid or liquid manure directly onto grazing areas or edible crops.

• In areas with intensive livestock breeding, be aware that agricultural

34

Project Phase Potential Impact Mitigation Measures Institutional Responsibility

Monitoring Schedule

Costs

Project

Construction and

Operation

crop lands are often used to dispose of manure with the risk of over- fertilization

• Apply “fertigation” in horticulture, in which small amounts of fertilizer added to irrigation water may be applied. This requires detailed management and should be limited to plantations that have water management devices that can control the timing and volume of irrigation return flow

• Time the application of crop nutrients using meteorological information to avoid, where feasible, application during or close to precipitation events

• Use appropriate technical equipment for spraying manure;

• Establish buffer zones, strips, or other “no-treatment” areas along water sources, rivers, streams, ponds, lakes, and ditches to act as a filter to catch potential runoff from the land

• Implement INM planning and documentation, which may include the use of a fertilizer logbook to record the following information:

• Dates of purchase, dates of use, amount of fertilizer used per field / hectare, purpose of use, and weather conditions during application

• Rates of nutrient application for the crop growth stage. Maintenance schedule of application equipment to ensure efficient dosage.

35

Project Phase Potential Impact Mitigation Measures Institutional Responsibility

Monitoring Schedule

Costs

Project Construction and Operation

b. Handling and Storage of Crop Nutrients To prevent, reduce, or control the potential contamination of soils, groundwater, or surface water resources caused by accidental spills during transfer, mixing, and storage, crop nutrients should be stored and handled in accordance with the recommendations for hazardous materials management presented in the General ECOPs and RA 6969. In addition, fertilizers should be stored in their original packaging and in a dedicated location that can be locked and properly identified with signs, and with access limited to authorized people.

Biodiversity impacts : Loss of Genetic Resources and Variability

• Reduce soil preparation to maintain the structure of soil ecosystems (e.g., promote low-till and no-till strategies);

• Utilize field borders to provide wildlife corridors around fields used for plantation crop production;

• Provide buffer zones on farmland bordering wildland of specific environmental and research interest;

• Regularly monitor soil health, for example, by determining the population of soil macrofauna bioindicator species such as the earthworm population;

36

Project Phase Potential Impact Mitigation Measures Institutional Responsibility

Monitoring Schedule

Costs

Project Construction and Operation

Biodiversity impacts: Loss of Genetic Resources and Variability

• Ensure protection of the natural enemies of pests by providing favorable habitats, such as hedges, nesting sites, and original vegetation, to house pest predators;

• Promote the use of organic agricultural practices to the extent feasible.

• Provide for minimum disturbance to surrounding areas when harvesting or gathering crops.

Crop Residues and Other Solid Waste

• Recycle crop residues and other

organic materials by leaving the materials in the fields, plowing, or composting. The potential for spreading of pests should be considered before implementing this practice;

• Clean (e.g., triple rinse technique) and dispose of (e.g., through crushing, shredding, or return to suppliers) pesticide packaging and containers to ensure that they are not subsequently used as containers for food or drinking water; Rinsing solutions should be recovered for reuse as diluting agents, or stored for eventually disposal.

• Manage expired and unwanted pesticides as hazardous wastes in accordance with RA 6969 and the Fertilizer and Pesticide Authority (FPA) regulations

37

ANNEX 8E

ENVIRONMENTAL MANAGEMENT PLAN TEMPLATES – RENEWABLE ENERGY PROJECTS8

E. Solar (Photovoltaic) Energy Development

Project Phase Potential Impact Mitigation Measures Institutional Responsibility

Monitoring Schedule

Costs

Project Siting Visual Impact and land use

• Type and scale of scheme: land use

would be significant for large grid- connected power stations.

• Land use is not a significant aspect for roof-top mounted and building integrated schemes, and for small stand-alone systems for remote applications

• Consider agricultural, recreational land use replaced by PV system:

• During the site selection process, take into account the aesthetic value of the proposed site for installation.

• Observe proper siting, avoiding environmentally critical areas

• Adopt roof-top mounted schemes that occupy less space and have lesser visual impacts rather than large grid-connected power stations that cover more land area.

• Avoid placing building integrated solar systems in facades of historic buildings or buildings with cultural value

8

Occupational health and safety guidelines are included in the General Environment Codes of Practice (ECOPs) in Annex 7. Additional ECOPs for particular renewable energy projects are in Annex 9. The EMPs were synthesized and consolidated from the IFC, World Bank Group- Environmental, Health and Safety Guidelines, April 30, 2007, Philippine PD 1586, RA 6969, RA 7586, RA 8749, RA 9003 and RA 9275 and various references (see Annex 19- References).

38

Project Phase Potential Impact Mitigation Measures Institutional Responsibility

Monitoring Schedule

Costs

Project Design Use of toxic and hazardous materials for production of photovoltaic (PV) cells

• Adopt the PVRS 11A - Portable Solar

Photovoltaic Lanterns Design Qualification and Type Approval of PV GAP, or an equivalent standard, for DOE accreditation of solar lanterns (WB-DBP RPP)

• Consider type(s) of PV cells manufactured: Type and quantity of chemicals used as feedstocks, doping agents, solvents, and transport agents, technology involved in their production, steps in the production process, etc.

• Compliance with internationally accepted hazardous materials (hazmats) management guidelines (e.g. IFC’s Hazardous Material Management guidelines)

• Manufacturer of PV cells must have good track record( industry reputation, accident history, worker compensation claims, technological rating, etc)

Damage due to wind velocities and storms

• Installation must be designed to

withstand well-defined maximum wind velocities and storms

Project Construction

Solid wastes and toxic and hazardous wastes from construction, e.g., grease, oil, etc

• Compliance with RA 9003 for solid wastes

• Set-up temporary disposal mechanism within the construction area and properly dispose the generated solid wastes

• Contactor and its workers to observe proper housekeeping, sanitation and waste minimization.

39

Project Phase Potential Impact Mitigation Measures Institutional Responsibility

Monitoring Schedule

Costs

Project Construction

• Compliance with RA 6969 for toxic and hazardous wastes

• All hazardous (ignitable, reactive, flammable, radioactive, corrosive and toxic) materials must be stored in clearly labeled containers or vessels

• Fire prevention systems and secondary containment should be provided for storage facilities to prevent fires or the release of hazardous materials to the environment

Generation of Noise • Proper scheduling of noisy

construction activities during day time

• Use mufflers for noisy equipment

Project Operation Soil and/or groundwater pollution due to routine and accidental release of chemicals/pollutants

• Compliance with national laws, e.g., RA 6969 and related laws and international regulations concerning hazardous materials such as the IFC Hazardous Materials Management, for materials like used batteries (storage, processing, disposal, transportation)

• Observe proper disposal of used chemicals

• Emergency plans must be in place

Project Phase Potential Impact Mitigation Measures Institutional

Responsibility Monitoring Schedule

Costs

Project Operation Soil and/or groundwater contamination in case of improper disposal of batteries

• Consider type of solar PV system in

review: this issue is not relevant for systems that do not have energy storage capacity (e.g. grid connected systems or stand alone systems with no energy storage)

• Compliance with RA 6969 and related national regulations for recycling or special disposal of batteries including battery collection, storage and recycling schemes

Project Decommissioning/ Abandonment

Soil and/or groundwater pollution due to decommissioning of PV systems

• Preparation of decommissioning

plans, including proposed disposal methods, recycling opportunities and collection of used PV cells

• Note: Consider content of PV cells

used in the project: Silicon modules have fewer decommissioning problems than cadmium modules

40 ANNEX 9A

ENVIRONMENTAL CODES OF PRACTICE (ECOPs) - RENEWABLE ENERGY PROJECTS1

The General Environment Codes Of Practice (ECOPs) On Environment, Health And Safety, Construction And Decommissioning are in Annex 7 - Safeguards Procedures For Inclusion In The Technical Specifications For Contracts. In addition to these, Annex 9 contains supplementary ECOPs for the renewable projects.

A. MINI-HYROELECTRIC POWER PLANTS 1. Project Design a. Emissions generation - select the proper equipment and the best available technology for controlling pollution emissions that will be able to comply with the Philippine Clean Air Act and the Clean Water Act and national air and water quality standards/guidelines set by DENR b. Noise generation

• Design the power plant to reduce noise to acceptable limits (for residential areas 50 decibels at peak hours and 40 decibels during the wee hours in the morning) outside the perimeter of the power plant

• Sound proofing of the generator housing

c. Environmental aesthetics- The design of the facility should consider the preservation of environmental aesthetics 2 . Project Construction a. Pollution of nearby areas and water bodies due to routine and accidental release of solid wastes, chemicals/pollutants and hazardous waste materials, e.g., grease, oil, fuel.

• Compliance with RA 9003 for solid wastes

• Compliance with RA 6969 for toxic and hazardous wastes

• Compliance with Philippine building and sanitation code

• Provide temporary waste disposal mechanism within the construction area fpr proper disposal of generated solid wastes

• Contactor and workers are required to observe proper housekeeping, sanitation and waste minimization.

• All hazardous (ignitable, reactive, flammable, radioactive, corrosive and toxic) materials must be stored in clearly labeled containers or vessels 1 The ECOPs were synthesized and consolidated from the IFC, World Bank Group- Environmental, Health and Safety Guidelines, April 30, 2007, Philippine PD 1586, RA 6969, RA 7586, RA 8749, RA 9003 and RA 9275 and various references (see Annex 19- References).

2

• Fire prevention systems and secondary containment should be provided for storage

facilities to prevent fires or the release of hazardous materials to the environment

• Provide proper and adequate toilet facilities for workers

b. Dust generation during land preparation activities (i.e. excavation works and slope modification)

• Regular watering of unpaved roads or exposed soils/ground

• Remove soil/mud from tires and equipment before leaving the area

• Hauling trucks should be covered with canvass or any equivalent materials

• Set-up temporary fence around the construction area. c.

Disturbance or Loss of vegetation

• Conduct land clearing activities to minimize disruption to vegetation

• Secure tree cutting permit(s) from the DENR and comply with DENR policy re: planting of a specified number of trees to replace the trees that will be cut

• Re-vegetate the area with indigenous species and ornamental plants as soon as possible

• Provide temporary fencing to vegetation that will be retained

• Use markers and fences to direct heavy equipment traffic in the construction site and avoid damage to plants. d. Occupational health and safety hazards; accidents during construction

• Compliance with international and national health and safety regulations, e.g., personnel first-aid trainings, preventive measures on life and fire safety, have first-aid kits/facilities in the site

• Compliance with building code and fire code

• Proper operation and maintenance SOPs

• Provision of protective clothing, goggles and footwear to workers

• Preparation of emergency preparedness and response plans in case of accidents

• Prepare worker compensation schemes for health hazards and accidents

e. Erosion and increased sedimentation/siltation caused by excavation activities on steep slopes.

• Employ slope stabilization methods on areas of steep slope

• Employ safety measures to minimize erosion

• Establishment of silt/sediment traps to

• prevent siltation

• Proper stockpiling of spoils (on flat areas

• and away from drainage routes)

• Dispose of spoils generated from civil works as filing materials

• Conduct construction activities during the dry season

• Avoid long exposure of opened cuts

3

f. Top soil removal and loss due to earthmoving activities

• Stockpile the top soil in a safe place and use as it as final grading material or final layer

g. Disturbance of wildlife due to habitat loss

• In designing the route of transmission lines and access roads, take into consideration

the location of sensitive or valuable ecosystems

• Use of existing roads, alignment selection and planning for avoidance and rail or water access

• Re-establish or simulate the habitat of affected wildlife in another suitable area h. Loss of or disturbance to aquatic habitat due to excavation work in watercourses

• Not applicable (N/A) if there is no excavation in watercourses

• Avoid or reduce construction activities during breeding or spawning seasons of sensitive species i. Disturbance to existing traffic flow; possible congestion

• Proponent/contractor should provide traffic aide during peak hours

• Strict enforcement of traffic rules and regulations j. Noise generation that disturbs the nearby communities

• Undertake proper maintenance of equipment and use mufflers

• Schedule noisy construction activities during the day time

k. Extraction of Aggregates

• Transportation and handling - Use of excavated materials and site planning including use

of previously disturbed sites

3. Occupational Health And Safety Hazards

• Compliance with international and national health and safety regulations, e.g.,

personnel trainings, preventive measures on life and fire safety

• Put first aid kits on site

• Proper operation and maintenance SOPs

• Compliance with national building and fire code

• Provision of protective clothing, goggles and footwear to workers

• Preparation of emergency preparedness and response plans in case of accidents,

• Prepare worker compensation schemes for health hazards and accidents

• Proper operation and maintenance SOPs

4

4. Access Roads (see also Annex 10) a. Displacement of wildlife due to habitat loss- Use of existing roads, alignment selection and planning for avoidance and rail or water access b. Loss of vegetation due to clearing- Use of existing roads, alignment selection and planning and reforestation c. Increased fishing pressure with new or improved access- Temporary access and/or fishing restrictions d. Disturbance of streams and lakes through construction, traffic, siltation, and alteration in flow patterns- Site planning to avoid stream crossings and roads adjacent to water bodies, and use of appropriate culvert sizes, and use of buffer zones and sediment traps. e. Displacement of fishing and tourist outpost camps- Temporary access, access restrictions (e.g., gating) or compensation f. Uncontrolled migration of people into the area made possible by access roads and transmission lines- Limitation of access, provision of rural development, and health services to try to minimize impact. 5. Ancilliary Facilities: Construction , Site Clearing And Excavation For Powerhouse, And Dam Site Construction Camp: Impacts And Mitigating Measures (See Also Annex 10) a. Loss of vegetation - Reforestation elsewhere b. Loss of wildlife habitat - Habitat creation/improvement c. Disturbance of wildlife through noise and traffic - Noise controls and traffic restrictions d. Disturbance of rare and endangered species- Site planning for avoidance, protection (e.g. fencing) and relocation e. Effects on farming and traditional uses - Site planning for avoidance, assistance with relocation of homes, farms etc. and compensation f. Effects on tourism and recreation- Site planning and timing of activities for avoidance and compensation g. Dust effects- Use of dust suppressants h. Blasting and noise effects- Timing of activities, fish deterrents and safety provisions (e.g., warning devices), blasting mats, noise silencers) i. Forestry effects- Recovery of merchantable timber and reforestation

5

ANNEX 9B ENVIRONMENTAL CODES OF PRACTICE (ECOPs) - RENEWABLE ENERGY PROJECTS2

The General Environment Codes Of Practice (ECOPs) On Environment, Health And Safety, Construction And Decommissioning are in Annex 7 - Safeguards Procedures For Inclusion In The Technical Specifications For Contracts. In addition to these, Annex 9 contains supplementary ECOPs for the renewable projects. B. WIND ENERGY PROJECTS 1. Occupational Health and Safety

a. Working at Heights

• Prior to undertaking work, test structure for integrity;

• Implementation of a fall protection program that includes training in climbing techniques and use of fall protection measures; inspection, maintenance, and replacement of fall protection equipment; and rescue of fall-arrested workers;

• Establishment of criteria for use of 100 percent fall protection (typically when working over 2 m above the working surface but sometimes extended to 7 m, depending on the activity). The fall-protection system should be appropriate for the tower structure and movements to be undertaken including ascent, descent, and moving from point to point;

• Install fixtures on tower components to facilitate the use of fall protection systems;

• Provide workers with an adequate work-positioning device system. Connectors on positioning systems must be compatible with the tower components to which they are attached;

• Ensure that hoisting equipment is properly rated and maintained and that hoist operators are properly trained;

• Safety belts should be of not less than 15.8 mm (5/8 inch) two in one nylon or material of equivalent strength. Rope safety belts should be replaced before signs of aging or fraying of fibres become evident;

• When operating power tools at height, workers should use a second (backup) safety strap;

• Signs and other obstructions should be removed from poles or structures prior to undertaking work;

• An approved tool bag should be used for raising or lowering tools or materials to workers on elevated structures.

• Avoid conducting tower installation or maintenance work during poor weather conditions and especially where there is a risk lightning strikes;

2 The ECOPs were synthesized and consolidated from the IFC, World Bank Group- Environmental, Health and Safety Guidelines, April 30, 2007, Philippine PD 1586, RA 6969, RA 7586, RA 8749, RA 9003 and RA 9275 and various references (see Annex 19- References).

6

b. Working over Water

• Completion of a risk assessment and management plan for water, wind, and

weather conditions before conducting work;

• Use of approved buoyancy equipment (e.g. life jackets, vests, floating lines, ring buoys) when workers are over, or adjacent to, water where there is a drowning hazard;

• Orientation of worker to avoid salt spray and contact with waves;

• Provision of appropriate marine vessels and qualified boat operators and emergency personnel. 2. Community Health and Safety Community health and safety hazards specific to wind energy facilities primarily include the following: aircraft and marine navigation safety, blade and ice throw, electromagnetic interference and radiation and public access. a. Aircraft and Marine Navigation Safety

• Consult with air and marine regulatory traffic authorities before installation, accordance with air and marine traffic safety regulations;

• When feasible, avoid siting wind farms close to airports or ports and within known flight path envelopes or shipping lanes;

• Use anticollision lighting and marking systems on towers and blades.

b. Electromagnetic Interference

Wind turbines could potentially cause electromagnetic interference with aviation radar and telecommunication systems (e.g. microwave, television, and radio). This interference could be caused by three main mechanisms, namely near-field effects, diffraction, and reflection or scattering.15,16. The nature of the potential impacts depends primarily on the location of the wind turbine relative to the transmitter and receiver, characteristics of the rotor blades, signal frequency receiver, characteristics, and radio wave propagation characteristics in the local atmosphere. b.1. Aviation Radar

• Consider wind energy equipment component designs that minimize radar interference, including the shape of the turbine tower, the shape and materials of the nacelle, and use of radar-absorbent surface treatments(e.g. rotor blades made of glass-reinforced epoxy or polyester) which should not create electrical disturbance;

• Consider wind farm design options, including geometric layout and location of turbines and changes to air traffic routes;

• Consider radar design alterations including relocation of the affected radar, radar blanking of the affected area, or use of alternative radar systems to cover the affected area.

7

b.2. Telecommunications Systems • Modify placement of wind turbines to avoid direct physical interference of point-to- point communication systems;

• Install a directional antenna;

• Modify the existing aerial;

• Install an amplifier to boost the signal.

b.3. Television • Site the turbine away from the line-of-sight of the broadcaster transmitter;

• Use non-metallic turbine blades;

• If interference is detected during operation: o Install higher quality or directional antenna; o Direct the antenna toward an alternative broadcast transmitter; o Install an amplifier; o Relocate the antenna; o If a wide area is affected, consider the construction of a new repeater station.

c. Public Access

• Use gates on access roads;

• Fence the wind farm site, or individual turbines, to prohibit public access close to the turbine;

• Prevent access to turbine tower ladders;

• Post information boards about public safety hazards and emergency contact information.

8

ANNEX 9C

ENVIRONMENTAL CODES OF PRACTICE (ECOPs) - RENEWABLE ENERGY PROJECTS3

The General Environment Codes Of Practice (ECOPs) On Environment, Health And Safety, Construction And Decommissioning are in Annex 7 - Safeguards Procedures For Inclusion In The Technical Specifications For Contracts. In addition to these, Annex 9 contains supplementary ECOPs for the renewable projects. C. BIOMASS THERMAL POWER PLANTS

1. Occupational Health and Safety

The following health and safety impacts are of particular concern during operation of thermal power plants: non-ionizing radiation, heat, noise, confined spaces, electrical hazards, fire and explosion hazards, chemical hazards and dust. a. Non-ionizing radiation

Combustion facility workers may have a higher exposure to electric and magnetic fields (EMF) than the general public due to working in proximity to electric power generators, equipment, and connecting high-voltage transmission lines. Occupational EMF exposure should be prevented or minimized through the preparation and implementation of an EMF safety program including the following components:

• Identification of potential exposure levels in the workplace, including surveys of exposure levels in new projects and the use of personal monitors during working activities;

• Training of workers in the identification of occupational EMF levels and hazards;

• Establishment and identification of safety zones to differentiate between work areas with expected elevated EMF levels compared to those acceptable for public exposure, limiting access to properly trained workers;

• Implementation of action plans to address potential or confirmed exposure levels that exceed reference occupational exposure levels developed by international organizations such as the International Commission on Non-Ionizing Radiation Protection (ICNIRP), the Institute of Electrical and Electronics Engineers (IEEE). Personal exposure monitoring equipment should be set to warn of exposure levels that are below occupational exposure reference levels (e.g., 50 percent). Action plans to address occupational exposure may include limiting exposure time through work rotation, increasing the distance between the source and the worker, when feasible, or the use of shielding materials. 3 The ECOPs were synthesized and consolidated from the IFC, World Bank Group- Environmental, Health and Safety Guidelines, April 30, 2007, Philippine PD 1586, RA 6969, RA 7586, RA 8749, RA 9003 and RA 9275 and various references (see Annex 19- References).

9

b. Heat

Recommended prevention and control measures to address heat exposure at biomass thermal power plants include:

• Regular inspection and maintenance of pressure vessels and piping;

• Provision of adequate ventilation in work areas to reduce heat and humidity;

• Reducing the time required for work in elevated temperature environments and

ensuring access to drinking water;

• Shielding surfaces where workers come in close contact with hot equipment, including generating equipment, pipes etc;

• Use of warning signs near high temperature surfaces and personal protective equipment (PPE) as appropriate, including insulated gloves and shoes. c. Noise

Recommendations for reducing noise and vibration are discussed in the General ECOPs in Annex 7. In addition, recommendations to prevent, minimize, and control occupational noise exposures in biomass thermal power plants include:

• Provision of sound-insulated control rooms with noise levels below 60 dBA29;

• Design of generators to meet applicable occupational noise levels;

• Identify and mark high noise areas and require that personal noise protecting gear is used all the time when working in such high noise areas (typically areas with noise levels >85 dBA). d. Confined Spaces

Specific areas for confined space entry may include ash containers, turbines, condensers, and cooling water towers (during maintenance activities). Recommend confined space entry procedures are discussed in the General ECOPs in Annex 7. e. Electrical Hazards

Recommended measures to prevent, minimize, and control electrical hazards at thermal power plants include:

• Installation of hazard warning lights inside electrical equipment enclosures to warn of inadvertent energization;

• Use of voltage sensors prior to and during workers' entrance into enclosures containing electrical components;

• Deactivation and proper grounding of live power equipment and distribution lines according to applicable legislation and guidelines whenever possible before work is performed on or proximal to them;

• Provision of specialized electrical safety training to those workers working with or around exposed components of electric circuits. This training should include, but not be limited to, training in basic electrical theory, proper safe work procedures, hazard awareness and identification, proper use of PPE, proper lockout/tagout procedures,

10

first aid including CPR, and proper rescue procedures. Provisions should be made for periodic retraining as necessary. f. Fire and Explosion Hazards

Recommended measures to prevent, minimize, and control physical hazards at thermal power plants include:

• Use of automated combustion and safety controls;

• Proper maintenance of boiler safety controls;

• Implementation of startup and shutdown procedures to minimize the risk of suspending hot coal particles (e.g., in the pulverizer, mill, and cyclone) during startup;

• Regular cleaning of the facility to prevent accumulation of biomassl dust (e.g., on floors, ledges, beams, and equipment);

• Use of automated systems such as temperature gauges or carbon monoxide sensors to survey solid fuel storage areas to detect fires caused by self-ignition and to identify risk points. g. Chemical Hazards

Thermal power plants utilize hazardous materials, including ammonia for NOX control

systems, and chlorine gas for treatment of cooling tower and boiler water. Guidance on chemical hazards management is provided in the General ECOPs in Annex 7. In addition, recommended measures to prevent, minimize, and control physical hazards at thermal power plants include:

• Consider generation of ammonia on site from urea or use of aqueous ammonia in place of pure liquefied ammonia;

• Consider use of sodium hypochlorite in place of gaseous chlorine.

h. Dust

Dust management guidance is provided in the General ECOPs in Annex 7. Recommended measures to prevent, minimize, and control occupational exposure to dust in biomass thermal power plants include:

• Use of dust controls (e.g., exhaust ventilation) to keep dust below applicable guidelines (see Section 2) or wherever free silica levels in airborne dust exceed 1 percent;

• Regular inspection and maintenance of asbestos containing materials (e.g., insulation in older plants may contain asbestos) to prevent airborne asbestos particles. 2. Community Health and Safety

Many community health and safety impacts during the construction, operation, and decommissioning of biomass thermal power plant projects are common to those of most infrastructure and industrial facilities and are discussed in General ECOPs in Annex 7.

11

a. Water Consumption

Boiler units require large amounts of cooling water for steam condensation and efficient thermal operation. The cooling water flow rate through the condenser is by far the largest process water flow, normally equating to about 98 percent of the total process water flow for the entire unit. In a once-through cooling water system, water is usually taken into the plant from surface waters, but sometimes ground waters or municipal supplies are used. The potential effects of water use should be assessed, as discussed in the General ECOPs, to ensure that the project does not compromise the availability of water for personal hygiene, agriculture, recreation, and other community needs. b. Traffic Safety

Operation of a biomass thermal power plant will increase traffic volume, in particular for facilities with fuels transported via land and sea, including heavy trucks carrying fuel, additives, etc. The increased traffic can be especially significant in sparsely populated areas. Prevention and control of traffic-related injuries are discussed in the General ECOPs in Annex 7.

12

ANNEX 9D ENVIRONMENTAL CODES OF PRACTICE (ECOPs) - RENEWABLE ENERGY PROJECTS4

The General Environment Codes Of Practice (ECOPs) On Environment, Health And Safety, Construction And Decommissioning are in Annex 7 - Safeguards Procedures For Inclusion In The Technical Specifications For Contracts. In addition to these, Annex 9 contains supplementary ECOPs for the renewable projects.

D. BIOMASS ENERGY CROP PLANTATION PROJECT5

1. Occupational Health Safety

Occupational health and safety issues associated with plantation crop production include the following; physical hazards, confined space entry and chemical hazards. a. Physical Hazards

Occupational safety and health and controls relating to equipment and vehicle operation and confined spaces are discussed in the General ECOPs. b. Chemical Hazards- Exposure to Pesticides

Occupational Health Safety Impacts associated with pesticides are similar for hazardous substances and are discussed in the general ECOPs. Recommendations specific to biomass energy crop plantation include the following:

• Train personnel to apply pesticides and ensure that personnel have received the necessary certifications, or equivalent training where such certifications are not required;

• Respect post-treatment intervals to avoid operator exposure during reentry to crops with residues of pesticides;

• Respect preharvest intervals to avoid operator exposure to pesticide residues on products during harvesting;

• Ensure hygiene practices are followed (in accordance to FPA and FAO regulations to avoid exposure of family members to pesticides residues.

4 The ECOPs were synthesized and consolidated from the IFC, World Bank Group- Environmental, Health and Safety Guidelines, April 30, 2007, Philippine PD 1586, RA 6969, RA 7586, RA 8749, RA 9003 and RA 9275 and various references (see Annex 19- References). 5

Covers Crop Production only. The ECOPs of the Conversion of Crops to Biomass Thermal Energy are in Annex 8D.

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2. Community Health and Safety

Community health and safety issues during the production of plantation crops may include the following:

• Potential exposure to pesticides caused by spray drift, improper disposal and use of packaging and containers, and the presence of pesticides in potentially harmful concentrations in postharvest products;

• Potential exposure to pathogens and obnoxious odors associated with the use of manure;

• Potential exposure to air emissions from open burning of crop waste.

Specific recommendations include the following:

• Avoid the aerial application of pesticides whenever feasible;

• Use biological or safe products, whenever feasible;

• Respect pre-harvest intervals for pesticides to avoid unacceptable levels of pesticide residues in products further complying with any applicable pesticide tolerance requirements;

• Do not store or transport pesticides and fertilizers with food beverages (including drinking water);

• Ensure that animals and unauthorized people are not present in the areas where pesticides are handled or applied;

• Store manure as far away from dwellings as possible, and use measures, such as covering the manure, to reduce odors and atmospheric emissions;

• Do not apply manure to the fields if the wind direction is toward nearby dwellings.

• Clean (e.g., a triple rinse or pressure technique) and dispose of (e.g., through crushing, shredding, or return to suppliers) pesticide packaging and containers to ensure that they are not subsequently used as containers for food or drinking water;

• Open burning of residual, organic crop waste should be avoided. Crop waste should be returned to the fields to enhance the nutrient content of the soil.

14

ANNEX 9E ENVIRONMENTAL CODES OF PRACTICE (ECOPs) - RENEWABLE ENERGY PROJECTS6

The General Environment Codes Of Practice (ECOPs) On Environment, Health And Safety, Construction And Decommissioning are in Annex 7 - Safeguards Procedures For Inclusion In The Technical Specifications For Contracts. In addition to these, Annex 9 contains supplementary ECOPs for the renewable projects. E. Solar (Photovoltaic) Energy Development 1. Occupational Health Safety a. During manufacturing of PV cells

• Consider site of production facilities: proximity to populated areas, upwind or downwind

location from populated centres

• Regarding the use of toxic and hazardous materials for production of photovoltaic (PV) cells:

• Consider type(s) of PV cells manufactured: Type and quantity of chemicals used as feedstocks, doping agents, solvents, and transport agents, technology involved in their production, steps in the production process, etc.

• Take note of toxicity and health hazards posed by chemical substances used in PV manufacturing process (e.g. phosphine used in amorphous silicon cells is very toxic and poses a severe fire hazard through spontaneous chemical reaction).

• In sourcing out the PV cells, consider the manufacturer experience and their compliance with local, national and/or internationals laws and regulations concerning toxic and hazardous materials

• Compliance with internationally accepted hazmats management guidelines (e.g.

IFC’s Hazardous Material Management guidelines) particularly regarding worker health and safety, personnel training, and preventive measures regarding life and fire safety, including but not limited to compliance with insurance requirements, emergency procedures in place, compliance with local building and fire codes, provision of protective clothing, goggles and footwear, and periodic medical examinations. 6 The ECOPs were synthesized and consolidated from the IFC, World Bank Group- Environmental, Health and Safety Guidelines, April 30, 2007, Philippine PD 1586, RA 6969, RA 7586, RA 8749, RA 9003 and RA 9275 and various references (see Annex 19- References).

15

b. Construction/Installation of Facilities (see also Annex 7- General ECOPs)

• Compliance with general international and national health and safety regulations.

• Compliance with building code and fire code

c. During Operation of PV System

• Compliance with international and national health and safety regulations, e.g.,

personnel trainings, preventive measures on life and fire safety

• Proper operation and maintenance SOPs

• Compliance with national fire code

• Provision of protective clothing, goggles and footwear to workers

• Preparation of emergency preparedness and response plans in case of accidents,

• Prepare worker compensation schemes for health hazards and accidents

16

ANNEX 10

ENVIRONMENT CODES OF PRACTICE (ECOPS) FOR ACCESS ROADS AND ANCILLARY FACILITIES7

Environmental

Issue Mitigation Measures

A. Design Phase 1. Alignment The alignment is selected from alternatives so as to minimize the

land occupation, air pollution, and noise impact on residences, to avoid unfavorable geological conditions and cultural relics.

3. Soil Erosion • In slopes and suitable places along the road- side, bush grass shall be planted and retaining walls, water intercepting ditches, and masonry rubbles shall be built to prevent soil erosion.

• Establish drainage system to minimize soil erosion and the impact on

irrigation canals.

4. Dust/air Pollution

Identify earth borrowing sites, waste disposal sites, and asphalt mixing sites away from residential areas so as to minimize dust.

5. Water Pollution A. Prevention

• avoid alignments which are susceptible to erosion, such as those crossing steep slopes;

• minimize the number of water crossings wherever possible;

• use only ''clean'' fill materials around watercourses, such as quarried rock containing no fine soil; and

• leave buffer zones of undisturbed vegetation (width increased in proportion to slope) between road sites and bodies of water. B. Mitigation

• Flow speed control - Implement water speed reduction measures such as grasses, riprap, and other devices in water channels, as well as dispersal structures in main drains.

• Settling basins - Install settling basins to remove silt, pollutants, and debris from road runoff water before it is discharged to adjacent streams or rivers. Conduct maintenance where large amounts of silt are deposited.

• Paving - Sections of dirt and gravel roads prone to erosion and likely to be a source of sediment are to be paved to

7 The ECOPs were synthesized and consolidated from the IFC, World Bank Group- Environmental, Health and Safety Guidelines, April 30, 2007, Philippine PD 1586, RA 6969, RA 7586, RA 8749, RA 9003 and RA 9275 and various references (see Annex 19- References).

17

Environmental Issue

Mitigation Measures

reduce the amount of sediment produced.

• Infiltration ditches - Infiltration ditches can be used to reduce overland flow by encouraging the movement of runoff down through the soil profile. C. Compensation – consider compensatory measures when necessary

• Move a bore hole away from an adversely affected site, provided the local ground water distribution permits this;

• Drill wells for local residents who previously relied on surface water for drinking;

• Create a replacement habitat for wildlife; and

• Incorporate environmental enhancements in the project.

6. Noise A. Prevention

• Move the road alignment or divert traffic away from noise-

sensitive areas using bypass roads. Choose alignments which minimize steep slopes and sharp corners, especially at sensitive locations, can also prevent noise problems. B. Mitigation

• Vehicular measures – Install mufflers on vehicles

• Surface design and maintenance - Reduce frictional noise through the application of a bituminous surface layer over worn concrete roadways open-graded asphalt and the avoidance of surface dressings.

• Road geometry - Road design should avoid steep grades and sharp corners to reduce noise resulting from acceleration, braking, gear changes, and the use of engine brakes by heavy trucks at critical locations.

7. Cultural Properties

A. Prevention

• Road construction should avoid any alignment that cuts through known cultural sites. If an important site is uncovered during road works, possible realignment of the road should be considered. B. Mitigation

• Excavation, erosion control, restoration of structural elements, rerouting of traffic, and site mapping.

• A site management plan shall be prepared to identify conservation actions required and, where necessary, provide guidance on other measures such as salvage or relocation, monitoring and evaluation procedures and a schedule of operations and budget.

18

Environmental Issue

Mitigation Measures

B. Construction Phase

1. Dust/air Pollution

• Water should be sprayed during the construction phase, in the line and earth mixing sites, asphalt mixing site, and temporary roads. In filling sub-grade, water spraying is needed to solidify the material. After the impacting, water spraying should be done regularly to prevent dust.

• Vehicles delivering materials should be covered to reduce spills.

• Residences should be at least 500m from the downward wind direction of asphalt mixing sites.

• Mixing equipment should be well sealed, and vibrating equipment should be equipped with dust-removing devices. Operators should wear dust masks.

2. Soil Erosion/ Water Pollution

• In slopes and other suitable places along the roadside, trees and grass should be planted. On sections with high filling and deep cutting, their slopes should be covered by stone walls and planted with grass, etc. If existing irrigation and drainage system ponds are damaged, they should be rebuilt or recovered by suitable methods.

• Limestone and coal ash should be stacked together, fenced by bricks or an earth wall, and kept away from water.

• In sections along the river, earth and stone shall be properly disposed of so as not to block rivers or cause adverse impacts on water quality.

• All necessary measures will be taken to prevent earthworks and stone works from impeding the rivers and water canals or existing irrigation and drainage systems.

• All justifiable measures will be taken to prevent the waste water produced in construction from entering into rivers and irrigation systems.

3. Construction or Workers’ Camp

• Sufficient measures will be taken in the construction camps, e.g., provision of garbage tanks and sanitation facilities. Waste in septic tanks will be cleared periodically.

• Drinking water should meet DENR Standards.

• Garbage will be collected in a tank/drum and disposed of periodically.

4. Noise • The noise standard of industrial enterprises will be strictly enforced to protect construction workers from damage. Workers in the vicinity of strong noise are to wear earplugs and helmets; their working time should be limited.

• In construction sites within 150m where, there are residences, noisy construction should be stopped from 6 pm to 7am.

• Maintenance of machinery and vehicles should be enhanced to keep their noise at a minimum.

19

Environmental Issue

Mitigation Measures

5. Conservation of Eco-resources

• Earth borrowing, piling, and building temporary camps are prohibited in forest lands.

• Arable lands should not be used as earth borrowing whenever possible. If needed, the top- soil (30 cm) should be kept and refilled after construction is over to minimize the impact on the ecosystem and on agriculture.

• Construction workers should be told to protect natural resources and wild animals. Hunting shall be prohibited.

• Construction vehicles should run at temporary accesses to avoid damaging arable lands and cattle-raising lands.

6. Accidental Risks • To ensure safe construction in the temporary accesses during construction, lighting devices and safety signal devices will be installed. Meanwhile, traffic rules and regulations will be actively enforced in the temporary accesses.

• During construction, effective safety and warning measures will be taken to reduce accidents. The blasting time, signal, and guarding will be regulated. The people and vehicles within the blasting area should be removed in time.

• Prior to blasting, a thorough inspection should be conducted.

• A safety lookout will be built to prevent people and vehicles from passing after blasting. Blasting will not be carried out during rush hours so as not to cause traffic jams and injuries.

• The management and use of blasting materials will be in strict conformity with the safety requirements for public security.

7. Cultural Properties

• If valuable or invaluable articles such as fabrics, coins, artifacts, structures, or other geographic or archeological relics are discovered, the Philippine National Museum (PNM) should be notified immediately. The excavation should be stopped until the PNM has identified the articles found.

• The PNM staff/archaeologists will supervise the excavation to avoid any damage to the relics.

8. Communications and Transportation

• Local materials should be used as much as possible so as to avoid long distance transportation.

• If there is a traffic jam during construction, measures should be taken to move the jam with the coordination of the local government’s transportation and public security department.

• Materials may be delivered in advance in relatively leisurely season of traffic.

• A transportation plan of materials will be formulated to avoid their delivery at peak hours on existing roads.

20

Environmental Issue

Mitigation Measures

C. Operation Phase

1. Vehicle management

• The public will be educated about the regulations on air pollution and noise of vehicles.

• Bulk cargo such as coal, cement, sand, etc. easily spilled or polluted over the road will be inspected; prohibited vehicles carrying these cargo, but not having protection measures, will be prohibited from running on the road.

2. Noise According to monitoring results, at places with excessive noise, sound barriers or other measures will be adopted.

3. Maintenance of the drainage system

The drainage system will be periodically cleared so as to ensure water flow.

ANNEX 11

GUIDANCE ON ADDRESSING THE BANK’S POLICY REQUIREMENTS OF OP 4.04 ON NATURAL HABITATS

Many of the impacts on natural habitats, both terrestrial and aquatic, and their mitigating measures are contained in the Template Environmental Management Plans and Environment Codes of Practice of the Subprojects, Access Roads and Ancillary Facilities and are found in Annexes 6 to 10. The Philippine Republic Act No. 7586 or the National Integrated Protected Areas System Act (NIPAS) provides the legal framework for the protection and management of critical natural habitats. The Act covers outstandingly remarkable areas and biologically important public lands that are habitants of rare and endangered species of plants and animals, biogeographic zones and related ecosystems, whether terrestrial, wetland or marine, designated as "protected areas" (www.pawb.gov.ph). The Procedural Manual of the DENR Environmental Impact Statement System or Presidential Decree 1586 also classifies projects and their environmental requirements according to (1) Environmental Critically Projects (ECPs), (2) Non- ECPs in environmentally critical areas (ECAs) and (3) Non-ECPs in non-ECAs (www.emb. gov.ph/eia). Additional guidance on natural habitats can also be found in Rajvanshi Asha, Vinod B. Mathur, Geza C. Teleki and Sujit K. Mukherjee. 2001. Roads, Sensitive Habitats and Wildlife: Environmental Guideline for India and South Asia. .

A. OP 4.04 on Natural Habitats

1. The conservation of natural habitats,1like other measures that protect and enhance the

environment, is essential for long-term sustainable development. The Bank2therefore supports the protection, maintenance, and rehabilitation of natural habitats and their functions in its economic and sector work, project financing, and policy dialogue. The Bank supports, and expects borrowers to apply, a precautionary approach to natural resource management to ensure opportunities for environmentally sustainable development.

Economic and Sector Work 2. The Bank's economic and sector work includes identification of (a) natural habitat issues and special needs for natural habitat conservation, including the degree of threat to identified natural habitats (particularly critical natural habitats), and (b) measures for protecting such areas in the context of the country's development strategy. As appropriate, Country Assistance Strategies and projects incorporate findings from such economic and sector work.

Project Design and Implementation

3. The Bank promotes and supports natural habitat conservation and improved land use by financing projects designed to integrate into national and regional development the

2 conservation of natural habitats and the maintenance of ecological functions. Furthermore, the Bank promotes the rehabilitation of degraded natural habitats. 4. The Bank does not support projects that, in the Bank's opinion, involve the significant conversion or degradation3of critical natural habitats. 5. Wherever feasible, Bank-financed projects are sited on lands already converted (excluding any lands that in the Bank's opinion were converted in anticipation of the project). The Bank does not support projects involving the significant conversion of natural habitats unless there are no feasible alternatives for the project and its siting, and comprehensive analysis demonstrates that overall benefits from the project substantially outweigh the environmental

costs. If the environmental assessment4indicates that a project would significantly convert or degrade natural habitats, the project includes mitigation measures acceptable to the Bank. Such mitigation measures include, as appropriate, minimizing habitat loss (e.g., strategic habitat retention and post-development restoration) and establishing and maintaining an ecologically similar protected area. The Bank accepts other forms of mitigation measures only when they are technically justified. 6. In deciding whether to support a project with potential adverse impacts on a natural habitat, the Bank takes into account the borrower's ability to implement the appropriate conservation and mitigation measures. If there are potential institutional capacity problems, the project includes components that develop the capacity of national and local institutions for effective environmental planning and management. The mitigation measures specified for the project may be used to enhance the practical field capacity of national and local institutions. 7. In projects with natural habitat components, project preparation, appraisal, and supervision arrangements include appropriate environmental expertise to ensure adequate design and implementation of mitigation measures.

8. This policy applies to subprojects under sectoral

loans or loans to financial intermediaries.5 Regional environmental sector units oversee compliance with this requirement.

Policy Dialogue 9. The Bank encourages borrowers to incorporate into their development and environmental strategies analyses of any major natural habitat issues, including identification of important natural habitat sites, the ecological functions they perform, the degree of threat to the sites, priorities for conservation, and associated recurrent-funding and capacity-building needs. 10. The Bank expects the borrower to take into account the views, roles, and rights of groups,

including local nongovernmental organizations and local communities,6affected by Bank- financed projects involving natural habitats, and to involve such people in planning, designing, implementing, monitoring, and evaluating such projects. Involvement may include identifying appropriate conservation measures, managing protected areas and other natural habitats, and monitoring and evaluating specific projects. The Bank encourages governments to provide such people with appropriate information and incentives to protect natural habitats.

1. See definitions in Annex A.

3 2. "Bank" includes IBRD and IDA, "loans" includes IDA credits and IDA grants, "borrower" includes, for guarantee

operations, a private or public project sponsor receiving from another financial institution a loan guaranteed by the Bank; and "project" includes all operations financed by Bank loans (including projects under adaptable lending-adaptable program loans [APLs] and learning and innovation loans [LILs]) or guarantees except programs supported under development policy lending (with respect to which environmental considerations are set out in OP/BP 8.60, Development Policy Lending) and debt and debt service operations. The project financed by a Bank loan is described in Schedule 2 to the Loan/Development Credit Agreement for that project. The term project includes all components of the project, regardless of the source of financing. The term project also includes projects and components funded under the Global Environment Facility (GEF), but does not include GEF projects executed by organizations identified by the GEF Council as eligible to work with the GEF through expanded opportunities for project preparation and implementation (such organizations include, inter alia, regional development banks and UN agencies such as FAO and UNIDO).

3. For definitions, see Annex A.

4. See OP/BP 4.01, Environmental Assessment.

5. See OP/BP 4.01, Environmental Assessment, for environmental assessment in subprojects.

6. See OP/BP 4.10, Indigenous Peoples, when local communities include indigenous peoples.

B. OP 4.04, Annex A – Definitions 1. The following definitions apply in OP and BP 4.04: (a) Natural habitats1 are land and water areas where (i) the ecosystems' bio-logical communities are formed largely by native plant and animal species, and (ii) human activity has not essentially modified the area's primary ecological functions. All natural habitats have important biological, social, economic, and existence value. Important natural habitats may occur in tropical humid, dry, and cloud forests; temperate and boreal forests; mediterranean- type shrub lands; natural arid and semi-arid lands; mangrove swamps, coastal marshes, and other wetlands; estuaries; sea grass beds; coral reefs; freshwater lakes and rivers; alpine and sub alpine environments, including herb fields, grasslands, and paramos; and tropical and temperate grasslands.

(b) Critical natural habitats are:

(i) existing protected areas and areas officially proposed by governments as protected areas (e.g., reserves that meet the criteria of the World Conservation Union [IUCN]

classifications2), areas initially recognized as protected by traditional local communities (e.g., sacred groves), and sites that maintain conditions vital for the viability of these protected

areas (as determined by the environ-mental assessment process3); or

(ii) sites identified on supplementary lists prepared by the Bank or an authoritative source determined by the Regional environment sector unit (RESU). Such sites may include areas recognized by traditional local communities (e.g., sacred groves); areas with known high suitability for bio-diversity conservation; and sites that are critical for rare, vulnerable,

migratory, or endangered species.4 Listings are based on systematic evaluations of such factors as species richness; the degree of endemism, rarity, and vulnerability of component species; representativeness; and integrity of ecosystem processes.

(c) Significant conversion is the elimination or severe diminution of the integrity of a critical or other natural habitat caused by a major, long-term change in land or water use. Significant conversion may include, for example, land clearing; replacement of natural vegetation (e.g., by crops or tree plantations); permanent flooding (e.g., by a reservoir); drainage, dredging, filling,

4 or channelization of wetlands; or surface mining. In both terrestrial and aquatic ecosystems, conversion of natural habitats can occur as the result of severe pollution. Conversion can result directly from the action of a project or through an indirect mechanism (e.g., through induced settlement along a road).

(d) Degradation is modification of a critical or other natural habitat that substantially reduces the habitat's ability to maintain viable populations of its native species.

(e) Appropriate conservation and mitigation measures remove or reduce adverse impacts on natural habitats or their functions, keeping such impacts within socially defined limits of acceptable environmental change. Specific measures depend on the ecological characteristics of the given site. They may include full site protection through project redesign; strategic habitat retention; restricted conversion or modification; reintroduction of species; mitigation measures to minimize the ecological damage; post development restoration works; restoration of degraded habitats; and establishment and maintenance of an ecologically similar protected area of suitable size and contiguity. Such measures should always include provision for monitoring and evaluation to provide feedback on conservation outcomes and to provide guidance for developing or refining appropriate corrective actions.

1. Biodiversity outside of natural habitats (such as within agricultural landscapes) is not covered under this policy. It is good practice to take such biodiversity into consideration in project design and implementation. 2. IUCN categories are as follows: I--Strict Nature Reserve/Wilderness Area: protected area managed for science or wilderness protection; II--National Park: protected area managed mainly for ecosystem protection and

recreation; III--Natural Monument: protected area managed mainly for conservation of specific natural features; IV--Habitat/Species Management Area: protected area managed mainly for conservation through management intervention; V--Protected Landscape/Seascape: protected area managed mainly for landscape/seascape conservation and recreation; and VI--Managed Resource Protected Area: protected area managed mainly for the sustainable use of natural ecosystems. 3. See OP/BP 4.01, Environmental Assessment.

4. Rare, vulnerable, endangered, or similarly threatened, as indicated in the IUCN Red List of Threatened Animals, BirdLife World List of Threatened Birds, IUCN Red List of Threatened Plants, or other credible international or national lists accepted by the RESUs.

5 ANNEX 12 GUIDANCE ON ADDRESSING THE BANK’S POLICY REQUIREMENTS OF OP 4.37 ON SAFETY OF DAMS

In the PhRED Project, the Bank OP 4.37 shall be triggered for mini-hydroelectric projects (if there is water impoundment) under Component 2. Most of the guidelines for mini-hydro projects are in the template Environmental Management Plan and the Environmental Codes of Practice in Annexes 8A and 9A, respectively. Occupational health and safety measures are also found in the General ECOPs, Annex 7. This Annex provides additional guidance in addressing the Bank OP 4.09 and BP 4.37 and its Annex A. The Development Bank of the Philippines (DBP) has additional requirements for hydropower projects with dam heights of 15 m and above, patterned after the Bank’s BP 4.37 Annex A. On the other hand, the Department of Environment and Natural Resources has environmental requirements for dams based on reservoir flooded area and water storage capacity and hydropower facilities based on total power production capacity. The borrower and the sub-borrowers shall comply with these guidelines. . A. OP 4.37 – Safety of Dams (Revised April 2012)

1. For the life of any dam, the owner1is responsible for ensuring that appropriate measures are taken and sufficient resources provided for the safety of the dam, irrespective of its funding sources or construction status. Because there are serious consequences if a dam does not

function properly or fails, the Bank2is concerned about the safety of new dams it finances and existing dams on which a Bank-financed project is directly dependent.

New Dams

2. When the Bank finances a project that includes the construction of a new dam,3 it requires that the dam be designed and its construction supervised by experienced and competent

professionals. It also requires that the borrower4 adopt and implement certain dam safety measures for the design, bid tendering, construction, operation, and maintenance of the dam and associated works.

3. The Bank distinguishes between small and large dams.

(a) Small dams are normally less than 15 meters in height. This category includes, for example, farm ponds, local silt retention dams, and low embankment tanks.

(b) Large dams are 15 meters or more in height. Dams that are between 10 and 15 meters in height are treated as large dams if they present special design complexities--for example, an unusually large flood-handling requirement, location in a zone of high seismicity, foundations

that are complex and difficult to prepare, or retention of toxic materials.5 Dams under 10 meters

6 in height are treated as large dams if they are expected to become large dams during the operation of the facility.

4. For small dams, generic dam safety measures designed by qualified engineers are usually adequate.6 For large dams, the Bank requires: a) reviews by an independent panel of experts (the Panel) of the investigation, design, and construction of the dam and the start of operations; b) preparation and implementation of detailed plans: a plan for construction supervision and quality assurance, an instrumentation plan, an operation and maintenance plan, and an emergency preparedness plan;7

c) prequalification of bidders during procurement and bid tendering,8 and d) periodic safety inspections of the dam after completion. 5. The Panel consists of three or more experts, appointed by the borrower and acceptable to the Bank, with expertise in the various technical fields relevant to the safety aspects of the

particular dam.9 The primary purpose of the Panel is to review and advise the borrower on matters relative to dam safety and other critical aspects of the dam, its appurtenant structures, the catchment area, the area surrounding the reservoir, and downstream areas. However, the borrower normally extends the Panel's composition and terms of reference beyond dam safety to cover such areas as project formulation; technical design; construction procedures; and, for water storage dams, associated works such as power facilities, river diversion during construction, ship lifts, and fish ladders. 6. The borrower contracts the services of the Panel and provides administrative support for the Panel's activities. Beginning as early in project preparation as possible, the borrower arranges for periodic Panel meetings and reviews, which continue through the investigation, design,

construction, and initial filling and start-up phases of the dam.10 The borrower informs the Bank in advance of the Panel meetings, and the Bank normally sends an observer to these meetings. After each meeting, the Panel provides the borrower a written report of its conclusions and recommendations, signed by each participating member; the borrower provides a copy of that report to the Bank. Following the filling of the reservoir and start-up of the dam, the Bank reviews the Panel's findings and recommendations. If no significant difficulties are encountered in the filling and start-up of the dam, the borrower may disband the Panel. Existing Dams and Dams under Construction 7. The Bank may finance the following types of projects that do not include a new dam but will rely on the performance of an existing dam or a dam under construction (DUC): power stations or water supply systems that draw directly from a reservoir controlled by an existing dam or a DUC; diversion dams or hydraulic structures downstream from an existing dam or a DUC, where failure of the upstream dam could cause extensive damage to or failure of the new Bank- funded structure; and irrigation or water supply projects that will depend on the storage and operation of an existing dam or a DUC for their supply of water and could not function if the dam failed. Projects in this category also include operations that require increases in the capacity of

7 an existing dam, or changes in the characteristics of the impounded materials, where failure of the existing dam could cause extensive damage to or failure of the Bank-funded facilities. 8. If such a project, as described in para. 7, involves an existing dam or DUC in the borrower's territory, the Bank requires that the borrower arrange for one or more independent dam specialists to (a) inspect and evaluate the safety status of the existing dam or DUC, its appurtenances, and its performance history; (b) review and evaluate the owner's operation and maintenance procedures; and (c) provide a written report of findings and recommendations for any remedial work or safety-related measures necessary to upgrade the existing dam or DUC to an acceptable standard of safety. 9. The Bank may accept previous assessments of dam safety or recommendations of improvements needed in the existing dam or DUC if the borrower provides evidence that (a) an effective dam safety program is already in operation, and (b) full-level inspections and dam safety assessments of the existing dam or DUC, which are satisfactory to the Bank, have already been conducted and documented. 10. Necessary additional dam safety measures or remedial work may be financed under the proposed project. When substantial remedial work is needed, the Bank requires that (a) the work be designed and supervised by competent professionals, and (b) the same reports and plans as for a new Bank-financed dam (see para. 4(b)) be prepared and implemented. For high-hazard cases involving significant and complex remedial work, the Bank also requires that a panel of independent experts be employed on the same basis as for a new Bank-financed dam (see paras. 4(a) and 5).

11. When the owner of the existing dam or DUC is an entity other than the borrower, the borrower enters into agreements or arrangements providing for the measures set out in paras. 8-10 to be undertaken by the owner. Policy Dialogue 12. Where appropriate, as part of policy dialogue with the country, Bank staff discuss any measures necessary to strengthen the institutional, legislative, and regulatory frame-works for dam safety programs in the country.

1. The owner may be a national or local government, a parastatal, a private company or a consortium of entities. If an entity other than the one with legal title to the dam site, dam, and/or reservoir holds a license to operate the dam, and has responsibility for its safety, the term "owner" includes such other entity. 2. "Bank" includes IBRD and IDA, and "loans" include IDA credits and IDA grants.

3. For example, a water storage dam for a hydropower, water supply, irrigation, flood control, or multipurpose project; a tailings or a slimes dam for a mine project; or an ash impoundment dam for a thermal power plant. 4. When the owner is not the borrower, the borrower ensures that the obligations of the borrower under this OP are properly assumed by the owner under arrangements acceptable to the Bank. 5. The definition of "large dams" is based on the criteria used to compile the list of large dams in the World

Register of Dams, published by the International Commission on Large Dams. 6. See paragraph 9 of BP 4.37, Safety of Dams.

8 7. BP 4.37, Annex A, sets out the content of these plans and the timetable for preparing and finalizing them. In the dam safety practice of several countries, the operation and maintenance plan includes both the instrumentation plan and the emergency preparedness plan as specific sections. This practice is acceptable to the Bank, provided the relevant sections are prepared and finalized according to the timetable set out in BP 4.37, Annex A. 8. See Guidelines: Procurement under IBRD Loans and IDA (Washington, D.C., World Bank). 9. The number, professional breadth, technical expertise, and experience of Panel members are appropriate to the size, complexity, and hazard potential of the dam under consideration. For high-hazard dams, in

particular, the Panel members should be internationally known experts in their field.

10. If the Bank's involvement begins at a later stage than project preparation, the Panel is constituted as soon as possible and reviews any aspects of the project that have already been carried out.

B. Bank BP 4.37, Annex A- Dam Safety Reports: Content and Timing and DBP

Requirements for Hydropower Projects with Dam Heights 15 m and above

The DBP requirements were patterned after the World Bank’s BP 4.37, Annex A. Hence, the sub-borrower of a mini-hydropower project or its contractor shall prepare a Dam Safety Report and submit this to the DBP and the Bank, for their review and approval. 1. Plan for construction supervision and quality assurance. This plan is provided to the Bank by appraisal. It covers the organization, staffing levels, procedures, equipment, and qualifications for supervision of the construction of a new dam or of remedial work on an

existing dam. For a dam other than a water storage dam,1 this plan takes into account the usual long construction period, covering the supervision requirements as the dam grows in height--with any accompanying changes in construction materials or the characteristics of the impounded material--over a period of years. The task team uses the plan to assess the need to fund components under the loan to ensure that dam-safety-related elements of the design are implemented during construction. 2. Instrumentation plan. This is a detailed plan for the installation of instruments to monitor and record dam behavior and the related hydrometeorological, structural, and seismic factors. It is provided to an independent panel of experts (the Panel) and the Bank during the design stage, before bid tendering. 3. Operation and maintenance (O&M) plan. This detailed plan covers organizational structure, staffing, technical expertise, and training required; equipment and facilities needed to operate and maintain the dam; O&M procedures; and arrangements for funding O&M, including long-term maintenance and safety inspections. The O&M plan for a dam other than a water storage dam, in particular, reflects changes in the dam's structure or in the nature of the impounded material that may be expected over a period of years. A preliminary plan is provided to the Bank for use at appraisal. The plan is refined and completed during project implementation; the final plan is due not less than six months prior

9 to the initial filling of the reservoir. Elements required to finalize the plan and initiate operations are normally financed under the project.2

4. Emergency preparedness plan. This plan specifies the roles of responsible parties when dam failure is considered imminent, or when expected operational flow release threatens downstream life, property, or economic operations that depend on river flow levels. It includes the following items: clear statements on the responsibility for dam operations decision making and for the related emergency communications; maps outlining inundation levels for various emergency conditions; flood warning system characteristics; and procedures for evacuating threatened areas and mobilizing emergency forces and equipment. The broad framework plan and an estimate of funds needed to prepare the plan in detail are provided to the Bank prior to appraisal. The plan itself is prepared during implementation and is provided to the Panel and Bank for review not later than one year before the projected date of initial filling of the reservoir.

C. DENR REQUIREMENTS FOR HYDROPOWER FACILITIES AND DAMS The Revised Procedural Manual for DENR Administrative Order No. 03-30 or the Implementing Rules and Regulations of PD 1586 or the Philippine Environmental Impact System have the following requirements: 1. Group I – Environmentally Critical Projects (ECPs) under Presidential Proclamation 2146. A full blown Environmental Impact Statement Report (Environmental Impact Assessment) is required for hydropower facilities with a total power production capacity equal to or greater than 30 MW. 2. Group II – Non-Environmentally Critical Projects (non-ECPs) in Environmentally Critical Areas (ECAs). An Initial Environmental Examination Report (IEER) is required for the following: a. Hydropower Facilities with total production capacity of 5 MW up to less than 30 MW (Those under Presidential Proclamation 2146). However, for mini-hydro facilities with total production capacity of less than 5 MW run-of-river system, only a project description report is required.

b. Minor Dams with a reservoir flooded area less than 25 ha of reservoir flooded area and less than 20 million cu. M of water storage capacity

1 For example, a mine tailings, ash impoundment, or slag storage dam. 2. In the dam safety practice of several countries, the operation and maintenance plan includes both the

instrumentation plan and the emergency preparedness plan as specific sections. This practice is acceptable to the Bank, provided the relevant sections are prepared and finalized according to the timetable set out in this annex.

10 ANNEX 13 GUIDANCE ON ADDRESSING THE BANK’S POLICY REQUIREMENTS OF OP 4.09 ON PEST MANAGEMENT

In the PhRED Project, the Bank OP 4.09 shall be triggered if the use or procurement of pesticides will be involved for providing source materials for the biomass energy plants sub- projects under Component 2. Most of the guidelines for pesticide procurement and use for the energy crop plantations for biomass plants are contained in the template Environmental Management Plan and the Environmental Codes of Practice in Annexes 8D and 9D, respectively. Occupational health and safety measures on exposure to pesticides and use of pesticides in vector control are also found in the General ECOPs, Annex 7. This Annex provides additional guidance in addressing the Bank OP 4.09 and BP 4.01 Annex C on the application of Environmental Assessment to Projects involving Pest Management which shall be complied with by the borrower and the sub-borrowers. A. Applicable Sections of Bank OP 4.09

1. In assisting borrowers to manage pests that affect either agriculture or public health, the

Bank1supports a strategy that promotes the use of biological or environmental control methods and reduces reliance on synthetic chemical pesticides. In Bank-financed projects, the borrower

addresses pest management issues in the context of the project's environmental assessment.2

2. In appraising a project that will involve pest management, the Bank assesses the capacity of the country's regulatory framework and institutions to promote and support safe, effective, and environmentally sound pest management. As necessary, the Bank and the borrower incorporate in the project components to strengthen such capacity.

Agricultural Pest Management3

3. The Bank uses various means to assess pest management in the country and support

integrated pest management (IPM)4and the safe use of agricultural pesticides: economic and sector work, sectoral or project-specific environmental assessments, participatory IPM assessments, and investment projects and components aimed specifically at supporting the adoption and use of IPM. 4. In Bank-financed agriculture operations, pest populations are normally controlled through IPM approaches, such as biological control, cultural practices, and the development and use of crop varieties that are resistant or tolerant to the pest. The Bank may finance the purchase of pesticides when their use is justified under an IPM approach.

11

Criteria for Pesticide Selection and Use

6. The procurement of any pesticide in a Bank-financed project is contingent on an assessment of the nature and degree of associated risks, taking into account the proposed use and the

intended users.5 With respect to the classification of pesticides and their specific formulations, the Bank refers to the World Health Organization's Recommended Classification of Pesticides by Hazard and Guidelines to Classification (Geneva: WHO 1994-95).6 The following criteria apply to the selection and use of pesticides in Bank-financed projects: (a) They must have negligible adverse human health effects. (b) They must be shown to be effective against the target species. (c) They must have minimal effect on nontarget species and the natural environment. The methods, timing, and frequency of pesticide application are aimed to minimize damage to natural enemies. Pesticides used in public health programs must be demonstrated to be safe for inhabitants and domestic animals in the treated areas, as well as for personnel applying them. (d) Their use must take into account the need to prevent the development of resistance in pests.

7. The Bank requires that any pesticides it finances be manufactured, packaged, labeled,

handled, stored, disposed of, and applied according to standards acceptable to the Bank.7 The Bank does not finance formulated products that fall in WHO classes IA and IB, or formulations of products in Class II, if (a) the country lacks restrictions on their distribution and use; or (b) they are likely to be used by, or be accessible to, lay personnel, farmers, or others without training, equipment, and facilities to handle, store, and apply these products properly.

1. "Bank" includes IBRD and IDA, and "loans" includes IDA credits and IDA grants. 2. See OP/BP 4.01, Environmental Assessment.

3. OP 4.09 applies to all Bank lending, whether or not the loan finances pesticides. Even if Bank lending for pesticides is not involved, an agricultural development project may lead to substantially increased pesticide use and subsequent environmental problems.

4. IPM refers to a mix of farmer-driven, ecologically based pest control practices that seeks to reduce reliance

on synthetic chemical pesticides. It involves (a) managing pests (keeping them below economically damaging levels) rather than seeking to eradicate them; (b) relying, to the extent possible, on nonchemical measures to keep pest populations low; and (c) selecting and applying pesticides, when they have to be used, in a way that minimizes adverse effects on beneficial organisms, humans, and the environment.

5. This assessment is made in the context of the project's environmental assessment and is recorded in the

project documents. The project documents also include (in the text or in an annex) a list of pesticide products authorized for procurement under the project, or an indication of when and how this list will be developed and agreed on. This authorized list is included by reference in legal documents relating to the project, with provisions for adding or deleting materials.

6. Copies of the classification, which is updated annually, are available in the Sectoral Library. A draft Standard Bidding Document for Procurement of Pesticides is available from OPCPR.

7. The FAO's Guidelines for Packaging and Storage of Pesticides (Rome, 1985), Guidelines on Good Labeling Practice for Pesticides (Rome, 1985), and Guidelines for the Disposal of Waste Pesticide and Pesticide Containers on the Farm (Rome, 1985) are used as minimum standards.

12 B. Applicable Sections in BP 4.01, Annex C – Application of EA to Projects Involving Pest Management Depending on the Environmental Assessment, the sub-borrower for a biomass-energy crops plantation sub-project shall be required to prepare an environmental management plan with a pest management plan (see Template in Annex 8D). According to BP 4.01, Annex C, a Pest Management Plan is described as follows:

5. A pest management plan is a comprehensive plan, developed when there are significant pest management issues such as (a) new land-use development or changed cultivation practices in an

area, (b) significant expansion into new areas, (c) diversification into new crops in agriculture,5

(d) intensification of existing low-technology systems, (e) proposed procurement of relatively hazardous pest control products or methods, or (f) specific environmental or health concerns (e.g., proximity of protected areas or important aquatic resources; worker safety). A pest management plan is also developed when proposed financing of pest control products represents

a large component of the project.6

6. A pest management plan reflects the policies set out in OP 4.09, Pest Management. The plan is designed to minimize potential adverse impacts on human health and the environment and to advance ecologically based IPM. The plan is based on on-site evaluations of local conditions conducted by appropriate technical specialists with experience in participatory IPM. The first phase of the plan—an initial reconnaissance to identify the main pest problems and their contexts (ecological, agricultural, public health, economic, and institutional) and to define broad parameters—is carried out as part of project preparation and is evaluated at appraisal. The second phase—development of specific operational plans to address the pest problems identified—is often carried out as a component of the project itself. As appropriate, the pest management plan specifies procedures for screening pest control products. In exceptional cases, the pest management plan may consist of pest control product screening

only. 7

For Screening of Pest Control Products, BP 4.01 Annex C also states that: 7. Pest control product screening is required when a project finances pest control products. The screening establishes an authorized list of pest control products approved for financing, along with a mechanism to ensure that only the specified products will be procured with Bank funds. Screening without a pest management plan is appropriate only when all of the following conditions are met: (a) expected quantities of pest control products are not significant from a health or environment standpoint; (b) no significant environmental or health concerns related to pest control need to be addressed; (c) the project will not introduce pesticide use or other nonindigenous biological control into an area, or significantly increase

the level of pesticide use; and (d) no hazardous products 8 will be financed.

Lastly, the main elements of the pest management measures are reflected in the legal agreements between the borrower and the Bank. 9

This also applies to the sub-borrower and the borrower.

13

1. For the purposes of this statement, "environmental significance" takes into account the impacts (including benefits) on human health.

2. For environmental screening, see OP 4.01, para. 8.

3. For definitions, see OP 4.01, Annex A.

4. See OP 4.01, Annex C.

5. Particularly such crops as cotton, vegetables, fruits, and rice, which are often associated with heavy use of pesticides.

6. A pest management plan is not required for the procurement or use of impregnated bednets for malaria control, or of WHO Class III insecticides for intradomiciliary spraying for malaria control.

7. Bank staff can access more information from the ARD website.

8. Hazardous products include pesticides listed in Class Ia and Ib of the World Health Organization (WHO) Classification of Pesticides by Hazard and Guidelines to Classification (Geneva: WHO, 1994-95); materials listed in the UN Consolidated List of Products Whose Consumption and/or Sale have been Banned, Withdrawn, Severely Restricted, or not Approved by Governments (New York: UN, 1994); and other materials that are banned or severely restricted in the borrower country because of environmental or health hazards (see the country's national pesticide registration list, if it has one). Copies of the WHO classification and UN list, which are updated periodically, are available in the Bank's Sectoral Library. Staff may consult the Rural Development Department for further guidance.

9. Loan conditionality may be needed to ensure the effective implementation of project components; for example, (a) establishing or strengthening pesticide regulatory and monitoring framework and capabilities, (b) properly operating and/or constructing pesticide storage or disposal facilities, (c) agreeing on a time- bound program to phase out use of an undesirable pesticide and properly dispose of any existing stocks, or (d) initiating research or extension programs aimed at providing alternatives to undesirable pesticide use.

ANNEX 15

Philippine Renewable Energy Development

Social Safeguards Policy Framework

PHRED Land Acquisition, Resettlement and Rehabilitation Policy Framework

Introduction:

This Policy Framework and Implementation Guidelines are adopted, to govern the conduct of land

acquisition, resettlement or rehabilitation of displaced persons (DPs) or project affected persons

(PAPs) of the Philippine Renewable Energy Development Project (PHRED). The magnitude of

adverse impacts are projected to be minimal due to the nature of the sub-projects which are expected

to be small since the implementing electric cooperatives, renewable energy developers and

independent power providers will be relying on credits they will raise from commercial banks. These

are small hydroelectric plants and rehabilitation/expansion of distribution and transmission lines meant

to improve supply side efficiency.

This document is essentially based on the following issuances:

Executive Order 1035, Procedures and Guidelines for the Expeditious Acquisition by the

Government of Private Real Properties or Rights thereon for Infrastructure and Other Government

Development Projects. June 1985

Executive Order 132, Procedures to be followed in the Acquisition of Private Property for

Public Use and Creating Appraisal Committee

Supreme Court Ruling (1987) , Defines just compensation as fair and full equivalent for the

loss sustained, taking into account improvements, location, capabilities, etc.

RA 6389, Provides for disturbance compensation to agricultural leases equivalent to 4 times

the average gross harvest in the last 5 years.

RA 7279, Urban Development and Housing Act of 1992, Provides guidelines for resettlement

of persons living in danger areas, e.g. riverbanks, shorelines, & waterways or areas where government

infrastructure projects are about to be implemented. Guidelines cover the provision of basic services &

facilities in resettlement sites, livelihood support, meaningful participation & adequate social

preparation for the affected households, close coordination between sending & host LGUs, grievance

redress and related aspects.

RA 8974 (2000), Aims at ensuring that owners of real property acquired for NG

infrastructure projects are promptly paid just compensation. It also provides for the compensation

of affected improvements & structures at replacement cost without depreciation & inclusive of

labor costs for reconstruction) & the arrangement of independent appraisers for a more accurate

determination of the market values of lands and improvements. Section 5 provides for standards in the

determination of the fair market value of land:

Section 5. Standards for the Assessment for the Value of the Land Subject of Expropriation

Proceedings or Negotiated Sale – In order to facilitate the determination of just compensation, the

court may consider, among other well-established factors, the following relevant standards: (i). The

classification and use for which the property is suited; (ii) the development cost for improving the

land; (iii) the value declared by the owners; (iv) the current selling price of similar lands in the

vicinity; (v) The reasonable disturbance compensation for the removal and/or demolition of

certain improvements on the land and for the value of improvements thereon; (vi) the size, shape or

location, tax declaration and zonal valuation of the land; (vii) the price of the land as manifested in the

ocular findings, oral as well as documentary evidence presented; and (viii) such facts and events as

to enable the affected property owners to have sufficient funds to acquire similarly-situated land of

approximate area.

Commonwealth Act 141- Public Lands Act (1936) Institutes classification & means

of administration, expropriation and disposition of alienable lands of the public domain; and under

Section 112, lands awarded for Free Patent are “subject to a right-of-way not exceeding sixty (60)

meters in width for public highways, railroads, irrigation ditches, aqueducts, telegraph and

telephone lines and similar works as the Government or any public or quasi-public service or

enterprise, including mining or forest concessionaires, may reasonably require for

carrying on their business, with damages for the improvements only.”

World Bank Operational Policy 4.12, Involuntary Resettlement. October 2001

Definition of Terms:

In order to ensure that implementation of the policies and guidelines is unified throughout the

project certain terms commonly used in relation to these guidelines are defined as follows:

Displaced Persons (DPs) or Project Affected Persons (PAPs) refer to any person or persons

who would be identified, through a baseline census information collected for each of the subprojects to

be affected by any of the following circumstances: i) Acquisition or possession by the Project, in full

or impart, permanent or temporary, of any title, right or interest over house/s, land/s (including but not

limited to residential, agricultural and grazing lands) and/or any other fixed/movable assets; ii)

Acquisition or possession by the Project of crops (annual and perennial) and trees whether partially or

in whole; / Whose business/livelihood is in part or as a whole affected by the Project.

Land Acquisition refers to the process whereby a person or entity is compelled by a public

agency to alienate all or part of the land a person/entity owns or possesses, to the ownership and

possession of that agency for public purpose in return for a consideration.

Replacement Cost refers to the value determined to be fair compensation for real property

based on its productive potential, replacement cost of houses and structures (as reckoned on current

fair market price of building materials and labor without depreciation or deductions for salvaged

building materials), and the market value of residential land, crops, trees and other commodities.

Resettlement refers to all measures taken to mitigate any and all adverse impacts of the project

on PAP's property and/or livelihood including compensation, relocation and rehabilitation (where

applicable).

Relocation refers to the physical relocation of a DP from his/her pre-project place of residence.

Rehabilitation refers to compensatory measures provided under these guidelines other than

payment of the replacement costs of acquired or affected assets.

Compensation refers to payment in cash or in kind of the replacement costs of the acquired or

affected assets.

Objective and Features of the Policy:

The principal objective of this document is to ensure that all displaced persons are assisted in

their socio economic recovery so that their way of life is the same if not better than pre displacement

level. are compensated for their losses and provided with assistance to improve, or at least maintain,

their pre-Project living standards and income earning capacity.

The document lays down the principles and objectives, eligibility criteria of entitlements, legal

and institutional framework, modes of compensation, people participation features and grievance

procedures that will guide the implementation of compensation for DPs.

Principles and Objectives:The principles outlined in the World Bank's Operational Policy

4.12 have been adopted in preparing this document. In this regard, the following principles will govern

Project implementation:

1. Acquisition of land and other assets should be avoided, where feasible, and minimized

as much as possible.

2. All DPs residing or cultivating land, working, doing business, or having rights of

ownership or established possession along segments of lands to be

utilized/traversed/improved/rehabilitated by the Project, as of the time of conduct of

the baseline surveys, are entitled to be provided with compensation sufficient to assist

them to improve or at least maintain their pre-Project living standards, income earning

capacity and production levels.

3. Lack of legal rights to land will not bar the DP from entitlement to such compensation

or rehabilitation measures for assets lost.

4. Replacement premise and agricultural land will be as close as possible to the land that

was lost and is acceptable to the DPs.

5. All replacement land for agriculture, residential and business use will be provided with

secured tenure status and without any additional cost, taxes, and surcharges to the DPs

at the time of transfer.

6. Planning and implementation for acquisition of land and provision of compensation

will be carried out in consultation with the PAPs, to ensure minimal disturbance and

transparency in transactions between the Project implementers and DPs.

7. Entitlements will be provided to DPs no later than one month prior to expected start-up

of works at the respective subproject site. Construction work will not be initiated until

DPs are compensated or adequately relocated.

8. Financial and physical resources for compensation will be made available as and when

required.

9. Community infrastructure, which are affected must be restored or replaced.

10. Institutional arrangements should be in place to ensure the effective and timely design,

planning, consultation and implementation of the Inventories.

11. Effective and timely implementation supervision, monitoring and evaluation of

compensation action plans must be carried out.

Entitlement Framework

In determining the amount of compensation and assistance to be received by displaced or affected

persons, the compensation matrix found in the attachment shall be followed.

To respond to occasions when DPs lack the required minimum documentation of Tax

Declaration Certificates to establish facts of possession for lands to be purchased for Project

infrastructure, 30 day public notices posted at barangay and municipal halls shall be allowed prior to

the acceptance of the person as DPs. If no competing claims/protests are received by the LGUs,

notarized certifications attesting claims to such properties must be acknowledged by at least 5

adjoining lot owners, three officials of the Barangay Council, and noted by the Municipal Assessor, to

entitle the DP to compensation. This is different from the case when a person occupies a property that

he does not own; in this case, the DPs is not compensated for land but may be compensated for

affected structure, crops or trees that will be adversely affected by the project.

Voluntary Sale and Donations

The practice of donations and open purchase or sale lands for community use is often encountered. It is

important to establish the following in these cases: i) ensure that the donation/ sale is indeed

voluntarily given by the donor/ seller, ii) donor/seller is the legitimate owner of such lands and that

they are fully informed of the nature of the sub-project and the implications of donating the property;

iii) ensure that the affected person does not suffer a substantial loss affecting his/her economic

viability as a result of the donation( no more than 20% of his total land property) thereby being paid

replacement value for the property in case of sale, and iv), that the land is free of claims or

encroachments from any third party supported by a Certification from the LGUs and the proponents

stating so.

Should the donor decide to donate the property on a conditional basis, the terms and conditions for the

temporary use (usufruct rights) of the property must be clearly stated in the Conditional Deed of

Donation document.

Implementation Arrangement

The responsibility for implementing the policy and guidelines set forth in this document are as

follows:

1. The overall responsibility for the implementation and enforcement of the policy and guidelines

under this document rests with the sub-project proponent (e.g. electric cooperatives, renewable

energy developers and Independent power providers) in close coordination with the LGUs

under which the affected barangays are located.

2. Guided by the proponents' institutional development staff sometimes called Right of Way staff,

the municipal staff to be assigned to the rural electrification project, designated members of the

Barangay Council, Community beneficiary representatives and an IP representative (if

applicable) shall be responsible for preparing the asset inventories, the compensation plans,

and the supervision of action plans for land acquisition until all requirements have been

completed. They shall comprise the Municipal or Rural Electric Cooperative's Land

Acquisition Committee. The Committee shall ensure that the required consultation and

participation of DPs in the preparation and implementation of the land acquisition activities

comply with the provisions of this policy framework and the framework for Indigenous

Peoples. The Committee is terminated once the required documentation and compensation of

DPs have been fully complied with.

3. The committee shall use the Checklist found in the attachment for determining magnitude of

impacts and outlines for full Resettlement Action Plan (RAP) found in the attachments if 200

or more persons are adversely affected by the project. The outline for abbreviated RAP is also

found in the attachments.

4. Funds for implementing the inventories and land acquisition action plans will be provided by

the sub-project Proponents based on budgetary requirements established by Municipal and

Barangay Committees in consultation with the DPs.

5. All arrangements and agreements under this document shall be subject to review for

compliance by the LGUGC through the Project management Board. For this reason, accuracy

of the report is confirmed by the LGUGC.

6. The World Bank shall review all full RAPs and the first 3 ARAPs.

Public Consultation

When the proponent has identified the exact location of the infrastructure and the technical

requirements for site selection have been fulfilled, the DPs will be fully informed about the sub-

projects and about the provisions of this Land Acquisition, Resettlement and Rehabilitation Policy, in

a meeting to be held by the respective community association with their Project facilitators at the

Barangay level. Negotiations can be made during this meeting(s), to ensure that negative impacts to

households are minimal, and that conditions for acquisition are fully understood by all parties

involved. The meetings will cover:

An orientation on the Decentralized Rural Electrification Project and its Components X

Subproject proposal, its benefits and possible negative impacts

Location of proposed infrastructure and transmission lines (if applicable) -Schedules of

implementation,

LARR policy and its implementation arrangements

Discussions on Compensation for Acquisition of Properties

Conditions and documentation requirements for Sale or Donation of specific properties/assets

to be affected

Grievance mechanisms and processes

Copies of the key information on the Project background, LARR policies and entitlements will be

written in the dialect understood by DPs and distributed among them, preferably before the public

meeting.

A walk-thru of the alignments to determine the specific location of sub-projects on the ground will be

arranged by the sub-project Proponents, upon the request of DPs. Field verification activities will be

conducted with the technical design engineers present.

All consultation meetings and other activities shall be properly documented.

In the event that a subproject involves acquisition of land and other assets and results to other adverse

impacts, the LGUGC shall withhold approval of the subproject unless a compensation package or

certifications of Waivers in accordance with this document, satisfactory to all concerned, is agreed

upon between the proponent, the community association and the owners/tenants of land/asset affected

as well as those who stand to lose their crops, jobs or sources of income.

The determination of the compensation for each of the affected households can be obtained from the

Provincial Appraisal Committee. If an owner is not satisfied with the Provincial Appraisal

Committee's assessment, an independent land appraiser should be consulted to provide the basis for

land valuation, at the expense of the owned

Supervision, Monitoring and Evaluation

Implementation of the Resettlement/ Land acquisition action plans will be regularly supervised

and monitored by the respective proponents’ (RECs) Land Acquisition Committees. The findings will

be recorded in the progress reports to be submitted by sub-project proponents to the PMB and

LGUGC.

The LGUGC through the PMBs shall:

Verify that the baseline information of all PAPs has been carried out and that the

valuation of assets lost or damaged, the provision of compensation and other

entitlements, and relocation has been carried out in accordance with the provisions of

this LARR Policy, the respective inventory and land acquisition action plans.

Verify and take follow-up action to ensure that funds for implementing the

Resettlement/ land acquisition action plans are provided by the proponent in a timely

manner and in amounts sufficient for their purposes, and those funds are used in

accordance with the provisions of the respective land acquisition and resettlement plan.

Determine whether the procedures for DPs orientation, consultation meetings,

participation, relocation and delivery of compensation and other entitlements have

been done in accordance with this LARR Policy and the respective inventories and

resettlement action plans;

Assess if this document's objectives for the restoration of living standards and income

levels of PAPs have been met;

Gather qualitative indications of the social and economic impact of subproject

implementation on the DPs;

Suggest modifications on the implementation procedures of the inventories and the land

acquisition and action plans, as the case may be, to achieve the principles and

objectives of this document.

Record all grievances and their resolution and ensure that complaints are dealt with in a

timely manner.

Costs and Budget

Each inventory and Land Acquisition Action Plans will include detailed costs of acquisition,

compensation and other entitlements, with a breakdown of replacement or rehabilitation costs for

agricultural land, residential land, business land, houses, business and other assets, public facilities and

services, and utilities. The budget will also include adequate provisions for continuous consultation

and information dissemination (production and distribution of materials containing Project information

and the LARR policy) and project supervision to be included for each sub-project package.

Grievance and Redress Mechanism

A grievance redress mechanism for the project is necessary for addressing legitimate concerns

of affected individuals and groups who may consider themselves deprived of appropriate treatment

under the project. The other proponents, similar to the Electric Cooperatives (ECs) have

Membership/Consumer/Public Complaints Sections to address all complaints and grievances

received from members of the cooperative and the general public. The Public Complaints Sections

will be responsible to address and resolve any grievances from the public regarding the

sub‐projects. Complaints and grievances related to any aspect of the sub‐projects, including

environmental and social safeguards issues, will be addressed as follows:

•Step 1: Complainants will present their complaints and grievances to the Barangay officials

for onward transmission of their complaints to the concerned proponent. The Proponent, together with

the LGU officials, will make every attempt to resolve the grievances at the local level.

•Step 2: If the complaint is not addressed to the satisfaction of the complainant, or remain

unresolved, for 15 days from the date of first submission, the complainant may then submit his/her

complaint directly to the Institutional Development Department of the National Electrification

Administration (NEA). NEA shall furnish LGUGC with a copy of the complaint for monitoring and

sharing with WB.

•Step 3: If the complaint is not addressed to the satisfaction of the complainant within 15 days

from the date of submission to the proponent or remain unresolved, the complainant can approach the

court of law within the jurisdiction of the EC and the complainant.

The following principles will apply to address complaints and grievances in the project:

• Complainants will be exempted from all administrative and legal fees incurred pursuant

to the grievance redress procedures. All such costs will be borne by the respective proponent.

• All complaints should be written. If received verbally, these shall be properly

documented by the concerned proponent. It shall put all relevant details of complaints and the actions

taken on their respective websites;

• The LGUGC will appoint designated staff with the responsibility to address complaints

related to the project;

The ECs will maintain proper documentation of all complaints received and actions taken.

They will submit a report on these to the LGUGC, who shall be responsible for sub-project

monitoring. The LGUGC PMB will monitor said complaints as part of their due diligence. They will

closely coordinate with the sub‐project proponents on possible remedial actions to resolve complaints

expeditiously and adequately. They will submit to the Bank, a report on the complaints and the steps

taken by the sub‐borrowers to resolve the complaint, as part of the semi- annual SECR.

Attachment:1

CHECKLIST FOR LAND, PERSONS AND ASSETS AFFECTED

Social Impact Yes No Specify Details INVOLUNTARY RESETTLEMENT Land acquisition necessary Indicate land size and land use prior to

project Households/persons to be displaced

Total number of households and total number of persons

Presence of informal settlers Total number of informal settlers Legal structures acquired/ damaged

Number, size, built of structures, classification based on use (dwelling, shop, animal shelter, etc)

Informal structures to be removed Number, size, built of structures, classification based on use (dwelling, shop, animal shelter, etc)

People losing means of/access to livelihood

Total number of households and total number of persons

Basic services/facilities that will be inaccessible

Number and types of services/facilities (water supply, power connection, road, school, market, religious center, etc)

Crops, trees that will be lost/damaged

Number and type of crops and trees

Tenants/lessees losing crops and /or trees

Number of tenants/households and persons losing what type of crop/trees and the number of crop and trees e.g. 5 households will be losing 6 mango trees; 7 households will be losing > 0.5 hectares of vegetables

Informal settlers losing crops/trees Number of informal settlers households and persons losing what type of crop and/or tree; and number of crops or trees

INDIGENOUS PEOPLES Ancestral domain affected Land area (hectares)

Name of affected ethnic group, number of households and persons per ethnic group affected Indicate impact/effect per ethnic group

Attachment 2 : PROJECT DATA AND REQUIRED SOCIAL SAFEGUARD DOCUMENTS No. of Displaced Persons Required Documents

• More than 200 persons

• Adversely affected ancestral domain and indigenous cultural communities

• Full Resettlement Plan (Annex )

• Indigenous Peoples Plan

• Less than 200 persons will be relocated

• Presence of an ethnic community which has retained its indigenous system or way of life (different from the mainstream community) and no adverse impact

• Abbreviated Resettlement Plan (Annex )

• Indigenous Peoples Plan

• No relocation; impacts are limited to temporary disturbances

• ARAP; Compensation Plan

Attachment 3

Full RESETTLEMENT ACTION PLAN OUTLINE

1. Description of the project.

2. Objectives.

3. Social Assessement

(a) the results of a census survey covering:

• current occupants of the affected area to establish a basis for the design of the

resettlement program and to exclude subsequent inflows of people from eligibility for compensation

and resettlement assistance;

• standard characteristics of displaced households, including a description of production

systems, labor, and household organization; and baseline information on livelihoods (including, as

relevant, production levels and income derived from both formal and informal economic activities)

and standards of living (including health status) of the displaced population;

• the magnitude of the expected loss—total or partial—of assets, and the extent of

displacement, physical or economic;

• information on vulnerable groups or persons as provided for in WB OP 4.12, para. 8,

for whom special provisions may have to be made; and

• provisions to update information on the displaced people's livelihoods and standards of

living at regular intervals so that the latest information is available at the time of their displacement.

• public infrastructure and social services that will be affected; and

• social and cultural characteristics of displaced communities, including a description of

formal and informal institutions (e.g., community organizations, ritual groups, nongovernmental

organizations (NGOs)) that may be relevant to the consultation strategy and to designing and

implementing the resettlement activities.

4.. Legal framework.

the applicable legal and administrative procedures, including a description of the

remedies available to displaced persons in the judicial process and the normal

timeframe for such procedures, and any available alternative dispute resolution

mechanisms that may be relevant to resettlement under the project;

• gaps, if any, between local laws covering eminent domain and resettlement and the

Bank's resettlement policy, and the mechanisms to bridge such gaps; and

• any legal steps necessary to ensure the effective implementation of resettlement

activities under the project, including, as appropriate, a process for recognizing claims to legal rights

to land—including claims that derive from customary law and traditional usage (see WB OP 4.12,

para.15 b).

5. Institutional Arrangement.

• the identification of agencies responsible for resettlement activities and NGOs that may

have a role in project implementation;

• an assessment of the institutional capacity of such agencies and NGOs; and

• any steps that are proposed to enhance the institutional capacity of agencies and NGOs

responsible for resettlement implementation.

6. Eligibility.

Definition of displaced persons and criteria for determining their eligibility for compensation

and other resettlement assistance, including relevant cut-off dates.

7. Valuation of and compensation for losses

8. The methodology to be used in valuing losses to determine their replacement cost;

9. Resettlement measures.

A description of the package of compensation and other resettlement measures that will assist

each category of eligible displaced persons to achieve the objectives of the RAP. In addition to being

technically and economically feasible, the resettlement packages should be compatible with the

cultural preferences of the displaced persons, and prepared in consultation with them.

10. Site selection, site preparation, and relocation.

Alternative relocation sites considered and explanation of those selected,

11. Housing, infrastructure, and social services.

• Plans to provide (or to finance resettlers' provision of) housing, infrastructure (e.g.,

water supply, feeder roads), and social services (e.g., schools, health services); and

• plans to ensure comparable services to host populations; any necessary site

development, engineering, and architectural designs for these facilities.

12. Environmental protection and management.

A description of the boundaries of the relocation area; and an assessment of the environmental

impacts of the proposed resettlement and measures to mitigate and manage these impacts (coordinated

as appropriate with the environmental assessment of the main investment requiring the resettlement).

13. Community participation and integration with host community

• description of the strategy for consultation with and participation of resettlers and hosts

in the design and implementation of the resettlement activities;

• a summary of the views expressed and how these views were taken into account in

preparing the resettlement plan;

• arrangements for addressing any conflict that may arise between resettlers and host

communities; and

• any measures necessary to augment services (e.g., education, water, health, and

production services) in host communities to make them at least comparable to services available to

resettlers.

14. Grievance procedures.

Affordable and accessible procedures for third-party settlement of disputes arising from

resettlement; such grievance mechanisms should take into account the availability of judicial recourse

and community and traditional dispute settlement mechanisms.

ABBREVIATED RESETTLEMENT ACTION PLAN

An abbreviated plan covers the following minimum elements: 1. Census survey of displaced persons and valuation of assets; 2. Description of compensation and other resettlement assistance to be provided; 3. Consultations with displaced people about acceptable alternatives; 4. Institutional responsibility for implementation and procedures for grievance redress; 5. Arrangements for monitoring and implementation; and 6. Timetable and budget.

Attachment 4

COMPENSATION AND ENTITLEMENT TABLE

Type of Loss Application Entitled Person Compensation / Entitlement

1. Arable Land Actual area

needed by the

project and the

remaining land is

still economically

viable

Category A -

Owners with full

title, tax

declaration or

who are covered

by customary

law (e.g.

Possessor’s

rights, usufruct)

or other

acceptable proof

of ownership

For the portion of land needed:

Cash compensation at replacement cost for the land as determined by a licensed independent appraiser using internationally recognized valuation standards as provided in 2.b and 2.q of the Policy.

Subject to the provisions set forth in Section 5 of RA 8974

Cash compensation for perennials of commercial value as determined by the DENR or the concerned appraisal committee.

DP will be given sufficient time to harvest crops on the subject land

Category B -

DPs without title,

tax declaration, or

are not covered

by customary law

or other

acceptable

proofs of

ownership

For the portion of the land needed:

DP will be given time to harvest crops

Cash compensation for perennials of commercial values as determined by DENR or the concerned appraisal committee

Financial assistance to make up for the land preparation in the amount of Php 150 per sq.m.

Remaining land

becomes

economically not

viable (i.e. DP

losing >20% of

land holding or

even when losing

<20% but the

remaining land is

not economically

viable anymore)

Category A Cash compensation at replacement cost for the land as determined by a licensed independent appraiser using internationally recognized valuation standards as provided in 2.b and 2.q of this Policy; or, if feasible, ‘land for land’ will be provided (a new parcel of land with an equivalent productivity, located at an area acceptable to the DP and with long term security of tenure. Subsistence allowance of Php 15,000 per ha. DP will be given time to harvest crops Cash compensation for perennial of commercial value as determined by the DENR or the concerned appraisal committee If relocating, DP to be provided free transportation Rehabilitation assistance (skills training and other development activities) equivalent to Php 15,000 will be provided in coordination with other government agencies if the present means of livelihood is no longer viable and the DP will have to engage in a new income activity.

Type of Loss Application Entitled Person Compensation / Entitlement

Category B Financial assistance equivalent to the average annual gross harvest for the past 3 years but not less than Php 15,000 DP will be given sufficient time to harvest crops Cash compensation for perennials of commercial value as determined by the DENR of the concerned appraisal committee Financial assistance to make up for land preparation in the amount of Php 150 per sq. m. If relocating, DP to be provided free transportation Rehabilitation assistance equivalent to Php 15,000 will be provided in coordination with other government agencies if the present means of livelihood is no longer viable and the DP will have to engage in a new income activity.

Category C -

Agricultural

lessees

As per RA 6389 and EO 1035

Disturbance compensation equivalent to five times the average gross harvest on the land holding during the five preceding years but not less than Php 15,000

Rehabilitation assistance equivalent to Php 15,000 Temporary use of

land All DPs Compensation to be provided for loss of income during the

period, standing crops, cost of soil restoration and damaged structures

2. Residential

land and or

Commercial

land

Actual area

needed by the

project and the

remaining land is

still viable for

continued use

Category A For the portion of the land needed:

Cash compensation at replacement cost for the land as determined by a licensed independent appraiser using internationally recognized valuation standards as provided in 2.b and 2.q of this Policy.

Subject to the provisions set forth in Section 5 of RA 8974

Cash compensation for perennials of commercial value as determined by the DENR of the concerned appraisal committee

Type of Loss Application Entitled Person Compensation / Entitlement

Remaining

residential or

commercial land

becomes not

viable for

continued use

Category A Cash compensation at replacement cost for the land as determined by a licensed independent appraiser using internationally recognized valuation standards as provided in 2.b and 2.q of this Policy.

Subject to the provisions set forth in Section 5 of RA 8974 or if feasible, ‘land for land’ will be provided in terms of a new parcel of land of equivalent productivity, at a location acceptable to the DP, and with long-term security of tenure. The replacement land should be of acceptable size under zoning laws or a plot of equivalent value, whichever is larger, in a nearby resettlement with adequate physical and social infrastructure. When the affected holding is larger in value than the relocation plot, cash compensation will cover the difference in value.

Cash compensation for perennials of commercial value as determined by the DENR of the concerned appraisal committee

If relocating, DP to be provided free transportation

Temporary use of

land All DPs Compensation to be provided for loss of income during the

period, standing crops, cost of soil restoration and damaged structures

3. Main

structures (e.g.

house, shops

etc)

Structure with or

without a building

permit, partially

affected and the

remaining

structure is still

viable for

continued use.

Owners of

structure with

full title or tax

declaration to

the land or those

who are covered

by customary

law

Compensation in cash for affected portion of the structure including the cost of restoring the remaining structure as determined by the concerned appraisal committee with no deduction for salvaged building materials.

DPs that have business affected due to partial impact on the structure are entitled to a subsistence allowance for the loss of income during the reconstruction period. (to be computed by MRIC)

Owners of

structures,

including shanty

dwellers in

urban areas,

have no title or

tax declaration

to the land or

other acceptable

proof of

ownership.

Compensation in cash for affected portion of the structure including the cost of restoring the remaining structure as determined by the concerned appraisal committee with no deduction for salvaged building materials.

Shanty dwellers in urban areas who opt to go back to their place of origin or to be shifted to government relocation sites will be provided free transportation

DPs that have business affected due to partial impact on the structure are entitled to a subsistence allowance for the loss of income during the reconstruction period. (to be computed by the MRIC)

Professional squatters will not receive compensation but they can collect their salvaged materials

Renters of

structures

including renters

of shanty

dwellings in

Given 3 months notice on the schedule of demolition

If shifting is required, DP is given transitional allowance equivalent to one month rent of a similar structure within the area.

For house tenants renting outside of, or within the ROW,

Type of Loss Application Entitled Person Compensation / Entitlement

urban areas and who have to transfer elsewhere, free transportation will be provided

Renting shanty dwellers in urban areas who opt to go back to their place of origin in the province or be shifted to government relocation sites will also be provided free transportation

Entire structure

affected or when

the remaining

structure becomes

not viable for

continued use with

or without a building

permit

Owners of

structures with

full title or tax

declaration to

the land or those

who are covered

by customary law.

Compensation in cash for the entire structure at replacement cost as determined by the concerned appraisal committee without deduction for salvaged building materials

Inconvenience allowance of Php 10,000 per DP

DPs that have business affected due to the severe impact on the structure are entitled to a subsistence allowance for the loss of income during the reconstruction period. To be verified and computed by the MRIC

Free transportation if relocation is necessary

Rehabilitation assistance in the form of skills training and other development activities and equivalent to Php 15,000 will be provided in coordination with other government agencies if the present means of livelihood is no longer viable and the DP will have to engage in a new income activity.

Professional squatter will not receive compensation but they can collect their salvageable materials

Renters of

structures

including renters

of shanty

dwellings in

urban areas

Given 3 months notice on the schedule of demolition

If shifting is required, DP is given transitional allowance equivalent to one month rent of a similar structure within the area.

For house tenants renting outside of, or within the ROW, and who have to transfer elsewhere, free transportation will be provided

Renting shanty dwellers in urban areas who opt to go back to their place of origin in the province or be shifted to government relocation sites will also be provided free transportation

Rehabilitation assistance in the form of skills training and other development activities and equivalent to Php 15,000 will be provided in coordination with other government agencies if the present means of livelihood is no longer viable and the DP will have to engage in a new income activity.

Type of Loss Application Entitled Person Compensation / Entitlement

4.Independent

shops Shops with or

without building

permit, partially

affected and the

remaining

structures are still

viable for

continued use.

Owners of

structure with or

without full title of

tax declaration to

the land or those

who are covered

by customary law.

Compensation is cash for affected portion of the structure, including the cost of restoring the remaining structure as determined by the concerned appraisal committee with no deduction to salvaged building materials.

As determined by the MRIC, DPs will be entitled to transitional allowance to cover for their computed income loss during the demolition and reconstruction of their shops, but not to exceed a month period

Renters

(tenants) of

affected shops

As determined by the MRIC, shop renters will be entitled to a transitional allowance to cover for their computed income loss during the period that their business is interrupted.

Entire shop

affected or when

the remaining

structure becomes

not viable for

continued use with

or without building

permit

Owners of

structure with or

without full title of

tax declaration to

the land or those

who are covered

by customary law.

Compensation in cash for the entire structure at replacement cost as determined by the concerned appraisal committee without deduction for salvaged building materials.

Subsistence allowance of Php 15,000 to each DP.

Free transportation if relocating

Rehabilitation assistance in the form of skills training and other development activities and equivalent to Php 15,000 will be provided in coordination with other government agencies if the present means of livelihood is no longer viable and the DP will have to engage in a new income activity.

Professional squatter will not receive any compensation but they can collect their salvageable materials.

Renters

(tenants) of

affected shops

Given 3 months notice on the schedule of demolition

As determined by the MRIC, shop renters will be entitled to a transitional allowance to cover for their computed income loss during the period that their business is interrupted, but not to exceed a 3-month period.

5. Other fixed

assets or

structures

Loss of, or damage

to, affected assets,

partially or entirely

DPs Cash compensation for affected portion of the structure including the cost of restoring the remaining structure, as determined by the concerned appraisal committee, with no depreciation or deduction for salvaged building materials.

6. Electric and

or water

connection

Loss of, or

damage to,

affected assets,

partially or entirely

,

DPs Compensation to cover cost of restoring the facilities

9. Public

facilities Loss of, or

damage to, public

infrastructure

Concerned

agencies Compensation in cash at replacement cost to respective agencies

PHRED Indigenous Peoples Policy Framework

Objectives:

The general objective of this framework and operational guidelines is to ensure that Indigenous

Peoples are informed, meaningfully consulted and mobilized to participate in the identification,

planning, implementation and monitoring of sub-projects to be supported by the Philippine

Renewable Energy Project. By doing so, benefits may be shared with them in greater certainty

and/or protection from any potential adverse impacts of sub-projects to be financed by the

Project may be mitigated if not fully avoided.

It updates the Policy framework of the Rural Power Project, a Bank financed project managed by

the Development Bank of the Philippines.

Definitions:

"Indigenous Peoples" will be used to refer to cultural communities, tribal groups that can be

identified in particular geographical areas by the presence in varying degrees of the following

characteristics: i) close attachment to their ancestral territories and the natural resources in these

areas; ii) self-identification and identification by others as members of a distinct cultural group;

iii) an indigenous language, often different from the national language; iv) presence of customary

social and political institutions; and, v)primarily subsistence-oriented production.

Legal Framework:

The Policy Framework and Procedural Guidelines for Indigenous Peoples proposed for the

Project have been prepared within the context of the World Bank Operational Policy 4.10, which

instructs Bank-supported Projects to give protection to IPs with regards to mitigating possible

adverse impacts of investments and requires the development of an IP Action Plan should

Projects have potential adverse impacts on IP populations.

It support the priority given to Indigenous Peoples by the GOP, embodied foremost in the 1987

Constitution, which recognizes the rights of the IPs to their ancestral domains and their power of

dominion over their lands and resources. Among its pertinent provisions are:

1) Section 17, Art. XIV: "customary laws governing property rights or relations shall be applied

in determining the ownership and extent of ancestral domains;

and

2) Section 22, Art. II, Section 5, Art. XII: "...the rights of indigenous peoples to natural resources

pertaining to their lands shall be specially safeguarded..." These rights include the right of the IPs

to participate in the use, management and conservation of natural resources.

3) The right to stay in their territory and not be removed therefrom except when relocation is

necessary as an exceptional measure, as in the case of an ecological disaster or armed conflict.

IPs have a right to return to their territories once the ground for relocation ceases.

Another nationally legislated instrument protecting the rights of IP is the Indigenous Peoples

Rights Act (IPRA or RA 8371), which state certain requirements in activities and programs

affecting Indigenous Peoples. Some relevant provisions include:

1) Chapter 1II,Section 7b: "...lPs have the right to an informed and intelligent participation in the

forrnation and implementation of any project, govemment or private, that will impact on their

ancestral domain...",

2) Chapter IV, Section 16: ..IPs have the night to participate in decision-making, in all matters

which may affect their rights, lives and destinies, through procedures determined by them as well

as to maintain and develop their own indigenous political structures..."

Specific to the Proposed Project area, the new ARMM Law, RA 9054, provides through Sec. 5,

Article IlIl (Guiding Principles and Policies) that the "...regional government shall ensure the

development, protection and well-being of all indigenous tribal communities..." This new law, as

well as pertinent provisions in the 1987 Constitution and in the IPRA, attempt to correct

centuries of oppression and marginalization of the indigenous populations in the country.

Additionally, the Philippines supported various international agreements and conventions to

protect the rights and culture of IPs, among them: Declaration on the Rights of Persons

Belonging to National or Ethnic, Religious and Linguistic Minorities; United Nations Draft

Universal Declaration on the Rights of Indigenous Peoples; and the 1996 International Labour

Convention concerning Indigenous and Tribal People's in Independent Countries.

Guiding Principles:

The PHRED shall ensure that poor communities of Indigenous Peoples have given their free and

prior informed consent using the IPRA approved procedure for consultation and decision-making

processes, especially when sub-projects may pose potential adverse impacts to them as a

community. The Project must, with absolute certainty, assure that IPs do not suffer adverse

effects during and after project implementation as well as receive culturally compatible social

and economic benefits.

The local Borrowers and the Project Implementing Units must ensure at all times that

development processes implemented by the Project foster full respect for the Indigenous Peoples'

dignity, human rights and cultural uniqueness.

Consensus of all IP members affected must be determined in accordance with their respective

laws and practices, free from any external manipulation, interference and coercion, and obtained

after fully disclosing the intent and scope of the sub-project activity, in a language and process

understandable to the community. The conduct of field-based investigation and the process of

obtaining the Free and Prior Informed Consent (FPIC) shall take into consideration the primary

and customary practices of consensus-building, and shall conform to Section 14 (Mandatory

Activities for Free and Prior Informed Consent) of NCIP Administrative Order No.1, series of

2006.

No infrastructure or related projects will damage non-replicable cultural property. In cases where

sub-project infrastructure or transmission lines will pass through sites considered as cultural

properties of the IPs, the Project must exert its best effort to relocate or redesign the sub-projects,

so that these sites can be preserved and remain intact in situ.

Project designs and implementation approaches must at all times be consistent with the

traditional and cultural practices of the IP group in the area (like performance of certain rituals if

springs or rivers found in ancestral domains are utilized as sources of renewable energy).

Operational Strategies:

a) Social Assessment of IP Communities

The sub project implementer undertakes a social assessment to evaluate the project’s potential

positive and adverse effects on the Indigenous Peoples, and to examine project alternatives

where adverse effects may be significant. The breadth, depth, and type of analysis in the social

assessment are proportional to the nature and scale of the proposed project’s potential effects on

the Indigenous Peoples, whether such effects are positive or adverse. To carry out the social

assessment, the borrower engages social scientists whose qualifications, experience, and terms of

reference are acceptable to the Bank.

The IPs/Cultural Communities in proponent barangays shall participate in the social impact

validation, identification of facility locations and planning for sub-projects located within their

barangay or ancestral domains. In barangays where IPs are not dominant and/or where the

communities fall within the ancestral domains of IPs, the Project shall ensure that sub¬project

proponents provide Technical Assistance to enable the IPs to participate meaningfully in the

planning process. This may mean deployment of competent and committed Project partners who

can work with IP communities and ensure that IPs fully understand, accept and support the

implementation of the proposed electrification project.

b) Use of Appropriate Communication Media, Strategies and Tactics for Mobilization

Presentation meetings must be conducted in the local or native language. In addition facilitators

must use simple and uncomplicated process flows during these sessions.

c) Adherence by implementing units for documentation of interactions with IP communities and

compliance to agreements made must be established.

e) There should be IP participation in development, monitoring and evaluation of mitigation

measures where sub-projects pose potential adverse impacts on the environment and the socio-

economic-cultural-political lives of these IP communities. IPs must be informed of such impacts

and their rights to compensation. Compensation for land and other assets to be acquired will

follow the Project's Policy Framework on Land Acquisition, Resettlement and Rehabilitation.

Should IPs grant their approval for such sub-projects with adverse impacts, affected IP

communities must be part and parcel of the development of mitigation measures. The LGUGC

through the PMBs will ensure that IP plans are drawn to be able to monitor and evaluate its

implementation and outcome with the active involvement of affected communities of IPs.

Coordination, Supervision and Monitoring:

To ensure compliance by concerned Project stakeholders to the guidelines set forth jn this Policy

Framework, the following mechanisms and processes will be followed during Project

implementation:

1. The Electric Cooperatives or other proponent (renewable energy developer or independent

power providers) will facilitate the deliberate inclusion of IP representatives and the relevant

staff from the National Commission of Indigenous Peoples(NCIP) to the various levels of Project

decision-making units of the sub project.

2. Sub-project proposal format will include screening for safeguard issues, including for the IP

groups, and for special needs with regards to appropriate consultation, participation,

implementation procedures and monitoring.

3. Supervision meetings/visits of project or subproject activities will be done periodically

(frequency to be established during Project implementation) by the LGUGC through the PMBs

who will involve the local IP representatives in these meetings/visits. Documentation of such

visits/meetings must be furnished the nearest service center of the NCIP, or its Provincial or

Regional Office. The respective Focal Persons will monitor or help facilitate required follow-up

actions to ensure that sub¬projects benefit the IPs according to agreements, and that

compensation or mitigation measures as documented are completed on time.

4. Supportive Monitoring will be done regularly, involving affected IP communities and NCIP

representatives, with emphasis on the following concerns:

i. Verification as to whether the guiding principles for implementing subprojects with IP groups

or communities are followed (see previous section)

ii. Implementation review of subprojects in IP communities to determine whether these are being

implemented as designed and approved;

iii. Documentation of all meetings, assemblies and other gatherings done during the monitoring

period, with copies furnished the affected IP community, LGU concerned at the barangay,

municipal and provincial levels, NCIP Provincial and Regional office, and the LGUGC.

iv. Assess whether recommended solutions discussed during previous supportive monitoring

visits have been implemented as committed.

Complaints and Grievances

In the course of sub-project implementation, complaints or grievances from stakeholders are

inevitable. All such complaints must be discussed in the specific IP community or locality where

the sub-project is implemented. The formal local leadership at the barangay, together with the

Tribal leaders of the affected areas, will be tasked to facilitate public hearings and negotiations to

resolve or provide redress to these complaints and possible options presented to them. They

should be allowed to elevate such complaints first to the Provincial Representative of either the

NCIP or counterpart agency under the autonomous regions. .

Should the IP community still find the decisions rendered at the regional level unacceptable, they

can elevate the issue to the central level office of the National Commission on Indigenous

Peoples. The NCIP shall be tasked to coordinate with the agency subject of complaint to ensure

that the issue is resolved to the best interest of the affected IP community.

Where necessary, an outside arbiter, preferably from the NCIP will be asked to participate in

these discussions and/or negotiations. Resolution of the conflicts should be encouraged at the

lowest possible, thru the facilitation of the Municipal and Community Tribal Councils. Again,

the documentation of such meetings and interactions with affected IP households/communities

must be documented and distributed to relevant stakeholders.