ABOUT two more weeks before the year ends, the role of fireworks in ushering in the brand new year has again rolled into focus.
For President Duterte, who has even considered in October a nationwide ban on the use of firecrackers and other pyrotechnic devices, fireworks bring nothing other than their debilitating effects on lives, limbs and property, not to mention the harm they do on the environment.
Beyond Duterte’s view, dealers and manufacturers of fireworks, however, wanted the government to look into the bigger picture, including the industry’s trickling economic effects—from the national coffers down to the street seller—and not simply focus on its “death and destruction” side.
Chief Supt. Cesar Hawthorne Binag, chief of the National Police’s Firearms and Explosives Office (FEO), said the industry, as a whole, is tricky to handle because, while it is covered by regulations, it involves nearly the whole gamut of the government to run it.
Business entails whole of government
BINAG said regulating the pyrotechnics business entails the “whole of the government, even the whole of the country, approach…even as the state works to strike a balance between business and safety of Filipinos.”
The FEO is one of the regulatory offices under Republic Act 7183, or the law that regulates the sale, manufacture, distribution and use of firecrackers and other pyrotechnic devices. The FEO is the one that issues permits for manufacturers, dealers and retailers.
“We implement the law, along with the other agencies of the government,” Binag said, naming the offices under the circular as the Bureau of Fire Protection, Bureau of Customs, Department of Health and, recently, the Department of Labor.
Despite regulation and strict monitoring by the government, accidents involving firecrackers still happen occasionally, such as the explosions at two stores in Bocaue and Santa Maria towns, both in Bulacan, in October and November, respectively, which killed a total of four people and injured 28 others.
However, Binag noted that the explosion in Bocaue happened because the owner violated the conditions of his licenses. He was able to get separate permits for pyrotechnics and controlled chemicals, which are high risk.
Based on the permits issued by the FEO, the owner should store the chemicals, or raw materials, at his storage facility in Santa Maria, while the finished product should be kept in his store in Bocaue; but both were lumped together in Bocaue.
“The terms of the licenses were violated,” Binag said.
He said the two children who died in the Santa Maria explosion, which was triggered by skyrockets, or kwitis, should not have been present at the site, as they were prohibited by the law to be there.
The two tagged along with their mother, who brought food for her husband working in the store.
“We saw panic,” Binag said on the cause of the blast. “It sparked, and it was thrown [into the other] finished products.”
Monitor and implement
WHILE both the Bocaue and the Santa Maria explosions have happened, these were the only incidents in three years, showing that the stricter regulation and monitoring by the government of the fireworks industry is working.
“For the FEO, how effective are we when it comes to measures, in compliance with the issuance of licenses?” Binag asked, as he looked over the record of licenses that he has approved for this year.
Compared with his predecessor, Binag has only approved 133 licenses for dealers against 233 last year; 36 for manufactures as against 58 last year and only more than 700 for retailers’ permits as against 2,704 last year.
Before a permit is issued by the FEO, inspection and approval by the police, BFP, local government and other clearances have to be secured by the applicant. Safety screening is also required, along with the regulations now imposed by the Dole.
Still, the two explosions showed that the government needs to further increase its monitoring and inspections, which the police around the country was already doing, although its efforts have to be complemented by local chief executives by conducting their own visits.
Graft and corruption
THE greatest challenge that undermines the fireworks industry and even threatens its sustainability is graft and corruption by way of smuggling, courtesy of the Bureau of Customs, although the agency was supposed to be a regulatory partner.
This was admitted by Joven Ong, president of the Philippine Fireworks Association (PFA), in a telephone conversation with the BusinessMirror.
Ong said it is this problem that now threatens the life of the industry, which, the Department of Health was moving for the banning of New Year’s revelry items, citing the record of injuries.
He said most of the injuries were caused by firecrackers that somehow managed to get past the ports, especially during the holiday season.
Binag agreed with Ong, saying piccolo, an imported, but banned, firecracker accounts for at least 56 percent of the injuries as found out by the House of Representatives in one of its hearings.
“Under the law, it is prohibited to import finished products,” Binag said, adding the “hole” lies in smuggling.
“If we can stop the entry of piccolo, we can prevent more than half of the injuries,” Binag said.
“The problem does not lie with us, this is encompassing,” he added.
Under RA 7183, licensed manufacturers, dealers and even retailers are only allowed to sell firecrackers that include baby rocket; bawang; small trianggulo; paper caps; El Diablo; Judah’s belt; sky ticket and watusi.
Pyrotechnics, such as sparklers or luces, fountain, jumbo regular; mabuhay, Roman candle, trompillo, Airwolf, whistle device and butterfly, were also allowed.
Other pyrotechnic devices that contain explosive chemicals that poses risk to life and limb are, however, prohibited and even firecrackers with more than 0.2 grams of explosives.
Binag said that, as an added precaution, the law also requires that a firecracker should not explode “less than three seconds but not more than six seconds” after its wick was lighted.
Ong said it is wrong for the DOH to totally put the blame on the local manufacturers the records of injuries, the reason it is moving for the banning of fireworks, pyrotechnics and firecrackers in the market.
“It is really wrong for the local industry to be wholly blamed. They should address the problem where it exists. We are being caught in the middle,” he said.
‘Matter of will’
ONG believes that the government can address smuggling and all the other problems besetting the fireworks industry, if only it has a “will” to do so.
He said the government should start by stamping out the entry into the country of prohibited firecrackers and other banned pyrotechnics, although he acknowledged that the Bureau of Customs cannot do it alone as he bought Binag’s line of “whole of government approach.”
“They wanted to include us [banning of products] because of the injuries, but why totally blame us? They should run after smugglers, they should arrest them,” Ong said.
“We can celebrate in a safe manner so long as the agencies do their part,” he said.
If the government imposes a total ban on fireworks and pyrotechnics, including firecrackers, then it would be falling into the tactics of smugglers, which is getting rid of both the legal and illegal products, according to the PFA president.
“They [smugglers] really wanted to include the legal local industry into the ban,” Ong said.
He said they fully understand the concern of Duterte over the safety of Filipinos, as it is their primordial consideration too, but the whole industry should not be indicted.
In fact, Ong said, the association is very intense in its education, reeducation and training of those involved in the fireworks industry around the country on safety and the best way on how to handle, manufacture and even store fireworks products.
This is being done in partnership with regulatory offices of the government, including the FEO.
Multibillion-peso business
ONG said that, rather than killing the industry, the government should help in reviving it, owing to its benefit not only to the economy, but even to ordinary Filipinos, who merely wanted to “legally earn” during the most opportune time of the year. The best way to do it is to strictly enforce the law.
Although there is no exact estimate on how big the industry is, Ong said it could be in the billions of pesos, possibly P4 billion and up per annum.
The products pass through several hands before reaching the consumer and each one puts a mark up on the price.
“From the manufacturer, it goes down to the dealer, to the retailer and down the line up to the ordinary Filipinos who sold them in the streets,” Ong said.
“So it is really hard to approximate,” he said.
However, in 2010 the industry estimated that it was already a half-a-billion-pesos business.
Beyond the monetary consideration, the business is helping ordinary Filipinos to earn in order for them and their families to have something on the table also during Christmas and New Year.
“All of those selling firecrackers belong to the marginalized. It is a big thing for them to earn money. They were not asking for money, they were working for it, doing the legal way to earn money,” Ong said.
Ban lifted
The DOLE has allowed a total of 48 establishments to continue manufacturing and selling pyrotechnics and firecrackers in Bulacan, after it lifted the Work Stoppage Order (WSO) on these shops issued last month.
According to Labor Secretary Silvestre H. Bello III, the WSO issued to these establishments was lifted after they have been found compliant with general labor and occupational safety and health (OSH) standards.
“The 48 establishments were compliant with labor and OSH standards and other pertinent labor laws, rules and regulations,” he said in a statement.
Bello announced the lifting of the WSO to 48 firms engaged in the manufacturing and selling of said products, during the 83rd Anniversary Celebration of the Department at the Occupational Safety and Health Center in Quezon City on Thursday.
The 48 establishments are as follows: 878 Fireworks store; 888 Prosperity Fireworks; A. Mercado Fireworks; A.T. Sayao Fireworks; Alex Fireworks; Analyn Mendoza Fireworks; Arjay’s Fireworks; ASJ Fireworks; ASP Fireworks; CPM Fireworks Store; D’Extacy Fireworks; D.C. De Guzman Fireworks; Diamond Firework; Dong Ding’s Fireworks; Dragon Fireworks; Elsie Fireworks; Elvie Navarro Fireworks; E.M. Fantasy Fireworks; EMHS Fireworks; Global Fireworks-Branch 1; Global Fireworks; Golden J’s Fireworks; Hailey Fireworks; JC Castillo Fireworks (Branch); JC Castillo Fireworks; Josefina Totie Fireworks; Liam Fireworks; Lightning Fireworks; Loufran’s Fireworks; Lucy Fireworks; Majik A.M Fireworks; Minia’s Fireworks; MS Farinas Fireworks; MVD Fireworks; Ni-Anne Fireworks; Night Lights Fireworks; Pyro Haven Enterprises; R&F Fireworks; R.T. Sayo Enterprises; RNN Fireworks; Rosalie Navarro Fireworks; Rose & Leyd Fireworks; SEG Fireworks; Sky Joy Fireworks; SRC Fireworks; Three D’s Fireworks; Top JR Fireworks; and Viva El Toro Fireworks.
They are part of the 88 establishments engaged in manufacture and sale of pyrotechnics and firecrackers in Bulacan, which were inspected by the DOLE Regional Office 3.
Of the total number of establishments, 24 are in the manufacturing and 64 are in retail/selling of firecrackers and pyrotechnics.
Bello explained that there are still 40 establishments that are undergoing assessments from the regional office and are still prohibited from manufacturing and selling the said products. With PNA
Image credits: AP/Aaron Favila