RULE 1050
NOTIFICATION AND KEEPING OF RECORDS OF ACCIDENTS AND/OR
OCCUPATIONAL ILLNESSES
1051: Definitions
For the purpose of this Rule, the following terms are hereby defined:
(1) “Medical Treatment Injury” shall mean an injury which does not result in a disabling injury but which requires first aid and medical treatment of any kind.
(2) ‘Disabling Injury” shall mean a work injury which results in death, permanent total disability, permanent partial disability or temporary total disability.
(3) “Death” shall mean any fatality resulting from a work injury regardless of the time intervening between injury and death.
(4) “Permanent Total Disability” shall mean any injury or sickness other than death which permanently and totally incapacitates an employee from engaging in any gainful occupation or which results in the loss or the complete loss of use of any of the following in one accident:
a. both eyes;
b. one eye and one hand, or arm, or leg or foot;
c any two of the following not in the same limb, hand, arm, foot, leg;
d. permanent complete paralysis of two limbs;
e. brain injury resulting in incurable imbecility or insanity.
(5) “Permanent Partial Disability” shall mean any injury other than death or permanent total disability, which results in the loss or loss of use of any member or part of a member of the body regardless of any pre-existing disability of the injured member or impaired body function.
(6) “Temporary Total Disability” shall mean any injury or illness which does not result in death or permanent total or permanent partial disability but which results in disability from work for a day or more.
(7) “Regularly Established Job” shall mean the occupation or job description of the activities performed by an employee at the time of the accident and shall not mean one which has been established especially to accommodate an injured employee, either for therapeutic reason or to avoid counting the case as disability.
(8) “Day of Disability” shall mean any day in which an employee is unable, because of injury or illness, to perform effectively throughout a full shift the essential functions of a regularly established job which is open and available to him.
(9) “Total Days Lost” shall mean the combined total, for all injuries or illnesses of:
a. all days of disability resulting from temporary total injuries or illnesses; and/or
b. all scheduled charges assigned to fatal, permanent total and permanent partial injuries or illnesses.
(10) “Scheduled Charges” shall mean the specific charge (in full days) assigned to a permanent partial, permanent total, or fatal injury or’ illness (See Table 6, Time Charges).
(11) “Employee” for the purpose of counting injuries or illnesses or calculating exposures shall be as defined in Rule 1002 (2) and shall include working owners and officers.
(12) “Exposure” shall mean the total number of employee-hours worked by all employees of the reporting establishment or unit.
(13) “Disabling Injury Frequency Rate” is the number of disabling injuries per 1,000,000 employee-hours of exposure rounded to the nearest two (2) decimal places.
(14) “Disabling Injury Severity Rate” is the number of days lost per 1,000,000 employees-hours of exposure rounded to the nearest whole number.
1052: Special Provision:
1052.01
Reports made by the employer shall be exclusively for the information of the Regional Labor Office or duly authorized representative in securing data to be used in connection with the performance of its accident and illness prevention duties and activities and is a requirement distinct from that of the Employee’s Compensation Commission or any other law. These reports shall not be admissible as evidence in any action or judicial proceedings in respect to such injury, fitness or death on account of which report is made and shall not be made public or subject to public inspection except for prosecution for violations under this Rule.
1052.02
The definitions and standard used here are independent of those established by the Employee’s Compensation Commission.
1053 Report Requirements:
1053.01
(1) All work accidents or occupational illnesses in places of employment, resulting in disabling condition or dangerous occurrence as defined in 1053.2 shall be reported by the employer to the Regional Labor Office or duly authorized representative in duplicate and a copy furnished the employee or his duly authorized representative using form DOLE/BWC/HSD-IP-6. The formal report shall be submitted by the employer on or before the 20th day of the month following the date of occurrence of the accident or when the illness, is established and an investigation report in the prescribed form shall be submitted by the Regional Office or duly authorized representative on or before the 30th day of the same month. In case of temporary total disability where the injured or ill employee has not reported back to duty on the closing date of reporting, an estimate of the probable days of disability shall be made and entered in the report and corrected after the return of the injured. In all computations, this estimate shall be used. After the return of the injured, the corrected days of absence shall be used.
(2) Where the accident or fitness results in death or permanent total disability, the employer, in addition to the written report required under sub-paragraph (1) above, shall initially notify the Regional Labor Office or duly authorized representative within twenty four (24) hours after occurrence using the fastest available means of communication.
(3) All deaths and permanent total disabilities shall be investigated by the Regional Office or duly authorized representative within forty eight (48) hours after receipt of the initial report of the employer, prepared in duplicate using the prescribed form DOLE/ BWC/OHSD-IP-6a.
1053.02:
(1) Any dangerous occurrence as specified in sub-paragraph (2) hereunder, which may or may not cause serious bodily harm to workers employed or seriously damage the premises of employment shall be investigated and reported by the employer upon occurrence to the Regional Labor Office or duly authorized representative having jurisdiction in duplicate using the prescribed form DOLE/BWC/HSD-IP-6.
(2) The following are dangerous occurrences, which shall be investigated and reported:
a. Explosion of boilers used for heating or power.
b . Explosion of a receiver or storage container, with pressure greater than atmospheric, of any gas or gases (including air) or any liquid resulting from the compression of such gases or liquid.
c. Bursting of a revolving wheel, grinder stone or grinding wheel operated by mechanical power.
d. Collapse of a crane, derrick, winch, hoist or other appliances used in raising or lowering persons or goods or any part thereof, the overturning of a crane, except the breakage of chain or rope sling.
e. Explosion or fire causing damage to the structure of any room or place in which persons are employed or to any machine contained therein resulting in the complete suspension of ordinary work in such room or place, or stoppage of machinery or plant for not less than twenty four (24) hours, and
f. Electrical short circuit or failure of electrical machinery, plant or apparatus, attended by explosion or fire causing structural damage thereto and involving its stoppage and misuse for not less than 24 hours.
1054: Keeping of Records:
(1) The employer shall maintain and keep an accident or illness record which shall be open at all times for inspection to authorized personnel containing the following minimum data:
a. Date of accident or illness;
b. Name of injured or ill employee, sex and age;
c. Occupation of injured or ill employee at the time of accident or illness;
d. Assigned causes of accident or illness;
e. Extent and nature of disability;
f. Period of disability (actual and/or charged);
g. Whether accident involved damaged to materials, equipment or machinery, kind and extent of damage, including estimated or actual cost; and
h. Record of initial notice and/or report to the Regional Labor Office or authorized representative.
(2) The employer shall accomplish an Annual Work Accident/Illness Exposure Data Report in duplicate using the prescribed form DOLE/BWC/HSD-IP-6b, which shall be submitted to the Bureau copy furnished the Regional Labor Office or duly authorized representative having jurisdiction on or before the 30th day of the month following the end of each calendar year.
1055: Evaluation of Disability:
1055.01: Charges:
(1) Death resulting from accident shall be assigned at time charge of 6,000 days.
(2) Permanent total disability resulting from work accident shall be assigned a time charge of 6,000 days.
(3) Permanent Partial disability either traumatic or surgical, resulting from work accident shall be assigned the time charge as provided in Table 6 on Time Charges. These charges shall be used whether the actual number of days lost is greater or less than the scheduled charges or even if no actual days are lost at all.
(4) For each finger or toe, use only one charge for the highest valued bone involved. For computations of more than one finger or toe, total the separate charges for each finger or toe.
(5) Charges due to permanent impairment of functions shall be a percentage of the scheduled charges corresponding to the percentage of permanent reduction of functions of the member or part involved as determined by the physician authorized by the employer to treat the injury or illness.
(6) Loss of hearing is considered a permanent partial disability only in the event of industrial impairment of hearing from traumatic injury, industrial noise exposure or occupational illness.
(7) The charge due to permanent impairment of vision shall be a percentage of the scheduled charge corresponding to the percentage of permanent impairment of vision as determined by the physician authorized by the employer to treat the injury or illness.
(8) For permanent impairment affecting more than one part of the body, the total charge shall be the sum of the scheduled charges for the individual body parts. If the total exceeds 6,000 days, the charge shall be 6,000 days.
(9) Where an employee suffers from both permanent partial disability and a temporary total disability in one accident, the greater days lost shall be used and shall determine the injury classification.
(10) The charge for any permanent partial disability other than those identified in the schedule of time charges shall be a percentage of 6,000 days as determined by the physician authorized by the employer to treat the injury or illness.
(11) The charge for a temporary total disability shall be the total number of calendar days of disability resulting from the injury or fitness as defined in Rule (8), provided that:
a. The day of injury or illness and the day on which the employee was able to return to full-time employment shall not be counted as days of disability but all intervening period or calendar days subsequent to the day of injury or illness shall be counted as days of disability;
b. Time lost on a work day or on a non-workday subsequent to the day of injury or illness ascribed solely to the unavailability of medical attention or necessary diagnostic aids shall be considered disability time, unless in the opinion of the physician authorized to treat the injured or ill employee, the person will be able to work on all those days subsequent to the day of the injury;
c. If the physician, authorized by the employer to treat the injured or ill employee, is of the opinion that the employee is actually capable of working a full normal shift of a regularly established job but has prescribed certain therapeutic treatments, the employee may be excused from work for such treatments without counting the excused time as disability time.
d. If the physician, authorized by the employer to treat the injure or ill employee, is of the opinion that the employee was actually capable of working a full normal shift of a regularly established job, but because of transportation problems associated with his injury, the employee arrives late at his place of work or leaves the workplace before the established quitting time, such lost time may be excused and not counted as disability time. However, the excused time shall not materially reduce his working time, and that it is clearly evident that his failure to work the full shift hours was the result of a valid transportation problem and not a deviation from the “regularly established job”.
e. If the injured or ill employee receives medical treatment for his injury, the determination of the nature of his injury and his ability to work shall rest with the physician authorized by the employer to treat the injured or ill employee. If the employee rejects medical attention offered by the employer, the determination may be made by the employer based upon the best information available to him if the employer fails to provide medical attention, the employee’s determination shall be controlling.
1056: Measurement of Performance:
1056.01: Exposure to Industrial Injuries:
Exposure to work injuries shall be measured by the total number of hours of employment of all employers in each establishment or reporting unit. The exposure of a central administrative office or central sales office of a multi-establisment-concem shall not be included in the experience of any one establishment, nor prorated among the establishments, but shall be included in the over-all experience of the multi-establishment.
1056.02: Determination of Employee-Hours of Exposure:
Employee-hours of exposure for calculating work injury rates are intended to be actual hours worked.
When actual hours are not available, estimated hours may be used. Employee-hours shall be calculated as follows:
(1) Actual Exposure Hours – Employee hours of exposure shall be, if possible, taken from the payroll or time clock records and shall include only the actual straight time hours worked and actual overtime hours worked.
(2) Estimated Exposure Hours – When actual employee-hours of exposure are not available estimated hours may be used. Such estimated hours should be obtained by multiplying the total employee days worked for the period by the average number of hours worked per day. If the hours worked per day vary among departments, a separate estimate should be made for each department, and these estimates added to obtain the total hours. Estimates for overtime hours shall be included.
If the employee-hours are estimated, indicate the basis on which estimates are made.
(3) Hours not Worked – Employee-hours paid for but not worked, either actual or estimated, such as time taken for vacation, sickness, barangay duty, court duty, holidays, funerals, etc., shall not be included in the total hours worked. The final figure shall represent as nearly as possible hours actually worked.
(4) Employee Living in Company-Property – In calculating hours of exposure for employees living in company property, only those hours during which employees were actually on duty shall be counted.
(5) Employee with Undefined Hours of Work – Traveling salesmen, executives and others whose working hours are defined, an average eight hours day shall be assumed in computing exposure hours.
(6) All stand-by hours of employees, including seamen aboard vessels, who are restricted to the confines of the employer’s premises, shall be counted as well as all work injuries occurring during such hours.
1056.03: Measures of Injury/Illnesses Experience:
(1) Disabling Injury /Illnesses Frequency Rates -The disabling injury/illness frequency rate is based upon the total number of deaths, permanent total, permanent partial, and temporary total disabilities which occur during the period covered by the rate. The rate relates those injuries/illnesses to the employee-hours worked during the period and expresses the number of such injuries/illnesses in terms of a million man-hour unit by the use of the formula:
Disabling Injury/Illness Number of Disabling Injury/Illness x 1,000,000
Frequency Rate (FR) = Employees-hours of exposure
The frequency rate shall be rounded to the nearest two decimal places.
(2) Disabling Injury / Illness Severity Rate – The disabling injury / illness severity rate is based on the total of all scheduled charges for all deaths, permanent total and permanent partial disabilities, plus the total actual days of the disabilities of all temporary total disabilities which occur during the period covered by the rate. The rate relates these days to the total employee-hours worked during the period and expresses the loss in terms of million man-hour unit by the use of the formula.
Disabling Injury / Illness total days lost x 1,000,000
Severity Rate (SR) = employee-hours of exposure
The severity rate shall be rounded to the nearest whole number.
(3) Average Days Charged per Disabling Injury – The average days charged per disabling injury/illness expresses the relationship between the total days charged and the number of disabling injuries/Illness.
The average may be calculated by the use of the formula:
Average days charged per Total Days Lost-
Disabling injury/illness = total number of disabling injuries/illnesses
or
Average days charge per injury severity rate
Disabling injury/illness = injury/illness frequency rate
Labor Code of the Philippines 