The Philippines, Occupational Safety and Health Standards
RULE
1050
NOTIFICATION AND KEEPING OF RECORDS
OF ACCIDENTS AND/OR OCCUPATIONAL ILLNESSES
Source:
Occupational Safety and Health Standards (As Amended).
Bureau of Working Conditions, Department of Labour and
Employment, Manila, Philippines. Second Publication, as amended,
1990. Copyright Reserved per P.D. 49
RULE 1050
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 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, illness 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 :
The definitions and standard used here are independent of those
established by the Employee's Compensation Commission.
1053 : Report Requirements :
(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 investigation report shall be
submitted to 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 a formal report in
the
prescribed form shall be submitted to 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.
I n 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 illness results in death or permanent
total disability, the employer, in addition to the
written
report required under sub-paragraph (l) 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 duty 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/HSD-IP-6.
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, grinderstone 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 over-turning 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, 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 a 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 illness 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 employees in each establishment or
reporting unit. The exposure of a central administrative office
or central sales office of a multi-establishment-concern 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 - Travelling
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/Illness Experience:
(1) Disabling Injury/Illness 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 manhour unit by the use of the
formula:
Disabling Injury Illness Severity Rate (S) =
Number of disabling injury/illness x 1,000,000
----------------------------------------------
Employee-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 manhour unit by the use of the formula.
Disabling Injury/
total days lost x l ,000,000
Illness
= ----------------------------
employee-hours of exposure
Severity Rate (S)
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 injuriousness. The average may be
calculated
by the use of the formula:
Average days charged per
= Total Day 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
The International Labour Organization is a United Nations specialized agency.