Camarines Sur Representative LRay Villafuerte wants all operators of public swimming pools to hire qualified lifeguards trained in lifesaving techniques to prevent drowning and related water injuries in these facilities.
Under House Bill (HB) No. 7948, Villafuerte said public swimming pools should employ at least one certified lifeguard each during all operations, and an additional one in excess of every 250 meters of pool area.
“This measure proposes to improve our compliance with safety standards by establishing a formula, based on World Health Organization (WHO) standards, for the number of lifeguards required to be on-duty at all times at public swimming pools.”
The lifeguards must be duly certified by any nationally recognized organization accredited by the Department of Health (DOH), Philippine Coast Guard (PCG) or Technical Education and Skills Development Authority (TESDA), the bill states.
“This measure proposes to improve our compliance with safety standards by establishing a formula, based on World Health Organization (WHO) standards, for the number of lifeguards required to be on-duty at all times at public swimming pools,” Villafuerte said.
Villafuerte said his bill mandates the strict enforcement of the lifeguard requirement by the DOH, and provides for the increase in the criminal liabilities for pool operators that ignore or fail to comply with such requirements.
“It only takes a moment. A child can drown in the time it takes to reply to a text or apply sunscreen. Having a watchful lifeguard can really spell the difference between life and death in unsuspecting circumstances,” Villafuerte said.
The bill also aims to penalize lifeguards whose negligent actions result in the death or serious injury of persons in the pools where they are employed.
HB 7948 also requires pool operators to provide the appropriate local government units (LGUs) with certification and supporting documents providing that their facilities are currently employing the required number of certified lifeguards, said Villafuerte, who had served as a three-term Camarines Sur governor.
Local governments, meanwhile, shall ensure the compliance of all public swimming pools with the lifeguard requirements through periodic local inspections coordinated by their Local Health Officers, or other personnel as these LGUs may see fit to assign to the task.
Under the bill, pool operators that fail to comply with the lifeguard requirements will be penalized with a fine of P20,000.00 and the suspension of the facility’s operating permit for a period not exceeding 60 days, if it is a first offense.
A second offense penalizes the erring operator with a fine of P50,000 and the suspension of the facility’s operating permit for a period not exceeding 120 days, while a third offense means a fine of P100,000.00 and the revocation of the facility’s permit to operate.
Local governments, meanwhile, shall ensure the compliance of all public swimming pools with the lifeguard requirements through periodic local inspections coordinated by their Local Health Officers, or other personnel as these LGUs may see fit to assign to the task.
In the event of serious injury or death in a public swimming pool where the pool management has failed to employ the required number of lifeguards, the operator will be penalized with imprisonment of not more than six months and will be required to pay a fine of P200,000.
The LGU official responsible for the inspection of the public swimming pool where death or serious injury has occurred shall be held administratively liable if it is found that the incident was caused by his or her omission or neglect to fulfill his or her duty to inspect the facility.
The on-duty lifeguard, meanwhile, shall be punished by imprisonment for not more than one year and shall pay a fine of P200,000 if it is determined that the death or serious injury was caused by his or her gross negligence or imprudence.
“The pool operator and the lifeguard shall be held jointly and solidarily liable for any damages and civil liabilities imposed as a result of the negligent or imprudent act,” the bill states.