PSME group to strongly push for R.A. 8495 implementation

CEBU, Philippines - After establishing a stronger group to properly impose the R.A. 8495, otherwise known as, the Philippine Engineering Act of 1998, the Philippine Society of Mechanical Engineers (PSMEs) is positioned to make its loudest call for companies to implement the law.

PSME has sought the help of the Department of Justice (DoJ) to help the group together with concerned government agencies to see to it that all establishments are hiring and employing registered mechanical engineers in their respective operations, otherwise they will face charges based on the provisions of the law, said PSME vice president for internal affairs Antonio Tompar.

In the last two years, PSME had already sent letters to top 100 companies in the Philippines, urging them to strictly impose the provisions stipulated in the R.A. 8495, which part of the provisions is for company owners, manager or other person in charge of any mechanical works, projects, or plants of 100 kilowatt or more shall post or cause to be posted in a conspicuous place within such plant or business, the original certificate or registration of the engineer or engineers and of the certified plant mechanics employed in such plant.

“This law has to be strictly implemented among companies, and PSME is leading the campaign aggressively,” Tompar said.

In close coordination with the Professional Regulatory Commission (PRC), the PSME has also partnered with the Philippine National Police (PNP), Insurance Commission (IC), the Department of Trade and Industry (DTI), Local Government Units (LGUs) and other key government agencies.

Last year, PSME has formed a paralegal group to see to it that all establishments to purposely focus on this program.

The creation of the group, Tompar said is also to promote public safety, health and welfare of the public, as part of fulfillment of their professional duties.

“Just like lawyers, doctors, and even drivers, one can not practice without license. There are a lot of companies now that are hiring and employing unlicensed MEs, this pose danger to their operations,” Tompar said.

Article IV, Section 35 of RA 8495, otherwise known as the Philippine Mechanical Engineering Act of 1998, states that: "It is unlawful for any person to order or otherwise cause the fabrication, construction, erection, installation or alteration of any mechanical equipment, machinery or process for any mechanical works, projects, or plants, unless the designs, plans, layouts or specifications have been prepared by or under the responsible charge of, and duly signed and sealed by a professional mechanical engineer."

In Cebu, PSME is working with lawyer Guiller Cineza for this campaign.

The paralegal group composed of lawyer mechanical engineers, experienced and licensed MEs, will work closely with concerned government agencies, to actively pursue the strict compliance of hiring only licensed mechanical engineer in every operation.

The law also states, that companies which maintain any mechanical devices, like elevator, escalator, air-conditioning system, among others should employ licensed and professional mechanical engineers to avoid mechanical glitches.         

This means, that every entity or company need to employ at least one in-house license ME, which unluckily not being practiced by most firms, Tompar said.

Based on a study, Tompar said only 10 percent of the total establishment nationwide religiously implementing the law. While 90 percent are violating the RA 5495.

“We are now going into legal premise in strongly pursuing violators. The only way to protect our industries and our profession is to implement the law,” he said.

"Handling mechanical equipment can be dangerous and hazardous. It can kill. If you don't hire competent mechanical engineers to run it, people will die," warned Tompar.

Under the law, violators are subject to a P200,000 fine and/or six months of imprisonment, said Tompar.

PSME is also working hand in hand with the Department of Interior and Local Government (DILG), the Department of Environment and Natural Resources (DENR), and the Department of Health (DOH) to ensure the competency of Philippine mechanical engineers. (FREEMAN)