RULE 1050:

NOTIFICATION &
KEEPING OF
RECORDS OF
ACCIDENTS &/OR
OCCUPATIONAL
ILLNESS
By: AGUILAR, RIANNE
 10.51: For the purpose of this Rule, the following terms are
hereby defined:
Definitions (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.
 10.51: (4) “Permanent Total Disability” shall mean any injury
or sickness other than death which permanently and totally
Definitions 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.
 10.51: (5) “Permanent Partial Disability” shall mean any
injury other than death or permanent total disability, which
Definitions 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.
 10.51: (8) “Day of Disability” shall mean any day in which an
employee is unable, because of injury or illness, to perform
Definitions 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).
 10.51: (11) “Employee” for the purpose of counting injuries or
illnesses or calculating exposures shall be as defined in Rule
Definitions 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.
 10.52: 10.52.01
Reports made by the employer shall be exclusively for
Special the information of the Regional Labor Office or duly

Provisions 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.
 10.52: 1052.02
The definitions and standard used here are
Special independent of those established by the Employee’s

Provisions Compensation Commission.

 1053.01
10.53: (1) All work accidents or occupational illnesses in places of
employment, resulting in disabling condition or dangerous
Report occurrence as defined in 1053.2 shall be reported by the employer

Requirements 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
10.53: computations, this estimate shall be used. After the return of

Report the injured, the corrected days of absence shall be used.

(2) Where the accident or fitness results in death or
Requirements 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:
10.53: (1) Any dangerous occurrence as specified in sub-paragraph (2)

Report hereunder, which may or may not cause serious bodily harm to
workers employed or seriously damage the premises of
Requirements 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
10.53: Report operated by mechanical power.

Require- d. Collapse of a crane, derrick, winch, hoist or other appliances

used in raising or lowering persons or goods or any part thereof,

ments 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.
0.54: Keeping (1) The employer shall maintain and keep an accident or illness
record which shall be open at all times for inspection to
of authorized personnel containing the following minimum data:
a. Date of accident or illness;
Records 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
0.54: Keeping h. Record of initial notice and/or report to the Regional Labor
Office or authorized representative.
of (2) The employer shall accomplish an Annual Work
Accident/Illness Exposure Data Report in duplicate using the
Records 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.
G.R. No. 157168              June 26, 2007
U-BIX CORPORATION, Petitioner,
vs.
RICHEL BANDIOLA, Respondent.
DECISION
CHICO-NAZARIO, J.:
This is a Petition for Review on Certiorari under Rule 45 of the Rules of Court, assailing the
Decision,1 dated 27 June 2002, rendered by the Court of Appeals, partially affirming the
Resolution,2 promulgated by the National Labor Relations Commission (NLRC) on 16 August
2000. The Court of Appeals, in its assailed Decision, sustained the award of actual damages in
the amount of ₱7,742.50, moral damages in the amount of ₱25,000.00 and exemplary
damages in the amount of ₱25,000.00 in favor of respondent Richel Bandiola (Bandiola), in
relation to an injury sustained by the latter in the course of his employment with petitioner U-BIX
Corporation, (U-BIX)
U-BIX failed to perform its legal obligation to report to the SSS the injuries suffered by
Bandiola, and, thereafter, failed to extend the same "financial aid" it extended to other
employees who were involved in the same accident. After it was shown the receipts for the
medical expenses Bandiola paid for in connection with the injuries, U-BIX unreasonably
refused to reimburse him for the expenses. It is not difficult to accept Bandiola’s claim that he
suffered mental anguish, serious anxiety and fright when U-BIX left him without any options
for financial support while he was suffering from and rendered incapacitated by work-related
injuries. He was severely distressed by his plight that he felt that he could no longer continue
to work for U-BIX. U-BIX’s unjustified and continued refusal to reimburse Bandiola after it
failed to report his injury to the SSS, despite the receipts he presented, demonstrates bad
faith. By singling out Bandiola from its other employees, who were reimbursed for their
medical expenses, and forcing him to litigate for ten years in order to claim the unsubstantial
amount of ₱7,742.50, U-BIX was clearly indulging in malicious conduct.
The Department of Labor and Employment (DOLE) absolved a sugar producer in Negros Occidental,
the I & E Partners, from liability for damages amounting to P87,333.32 due to death of its employee,
Armando Escarilla.
In a report to Labor and Employment Secretary Patricia A. Sto. Tomas, the Employees Compensation
Commission (ECC), an agency under DOLE, absolved the I&E Partners from liabilities on the death of
Escarilla.
Escarilla, an agriculturist, died on a spot when he met an accident when his bicycle collided with a
Ceres bus while looking for cane points at the haciendas in Magalona, Negros Occidental.
Escarilla’s family received P164,666.45 from the Social Security System (SSS) for his funeral and death
benefits.
However, investigation of the SSS Bacolod branch showed that the company did not keep a logbook of
accidents and ailments involving company personnel. The company was assessed half of the value of
the funeral and death benefits paid to Escarilla’s heirs.
The company refuted the investigator’s finding of absence of a company logbook as required under
Article 205 of P.D. 626, as amended. The property custodian attested that the accident was
immediately reported to the SSS after the incident.
According to SSS, a subsequent investigation revealed that the EC logbook shown to the field
investigator was only prepared at the time of the visitation; hence, the request for reconsideration was
denied.
Upon review of the case, ECC ruled in favor of the company. The ECC based its decision on the
affidavit submitted by the company attesting to the exact date of the recorded incident on which the
property custodian attested to the authentication of the incident report.
The ECC found the appeal meritorious since the company complied with its obligation to record the
disabilities or death of its employees based on Art. 205 of PD 626, as amended.
According to ECC, what was important was that the company was able to record the incident. The
Commission ordered the SSS to set aside its demand letter and absolved I&E Partners from paying
liability damages.
The DOLE also absolved Negros Consolidated Farmers Association (COFA) in Bacolod City from liability for
penalty amounting to P63,225.00 for its alleged failure to record injury sustained by Eduardo Rodriguez.
Rodriguez, a COFA employee, sustained an injury on his right leg during a rescue operation. While on board a
crane to the rescue site, the crane’s brake malfunctioned and went out of control. Rodriguez lost his balance,
tumbled on the road and his right leg was severely injured.
Rodriguez was granted employees compensation (EC) temporary total disability and permanent partial disability
benefits amounting to P126,450.00.
However, the SSS Western Visayas Cluster Legal Unit issued a demand letter to COFA imposing a penalty of
P63,225.00 or 50% of the total EC disability benefits granted to Rodriguez due to alleged failure of COFA to
record the accident of Rodriguez in the COFA EC logbook.
COFA maintained that it had submitted its EC logbook to the SSS as received by Mary Ann H. Veniegas of SSS
Bacolod branch and duly authenticated by the latter.
Based on the ECC findings, the COFA complied with its obligation to maintain a record of work-related
disabilities or deaths of its employees
While it is true that COFA submitted a time sheet on March 9, 2004, they had in fact submitted the
required EC logbook kept in their field office on March 15, 2004.
In view of this, the ECC exonerated COFA from paying penalty under Article 205 of P.D. 626, as
amended.
Art. 205 of P.D. 526, as amended, states that every employer must maintain a logbook containing
its employees’ sicknesses, injuries, disabilities, and deaths. The ECC said companies should notify
the SSS or the Government Service Insurance System about the employees’ sickness, injuries,
disabilities, and death within five days of their occurrence.
 1055.01: Charges:
10.55: (1) Death resulting from accident shall be assigned at time
Evaluation charge of 6,000 days.
of (2) Permanent total disability resulting from work
accident shall be assigned a time charge of 6,000 days.
Disability (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
10.55: valued bone involved. For computations of more than one

Evaluation finger or toe, total the separate charges for each finger or toe.
(5) Charges due to permanent impairment of functions shall be
of a percentage of the scheduled charges corresponding to the

Disability 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
10.55: a percentage of the scheduled charge corresponding to the

Evaluation percentage of permanent impairment of vision as determined

by the physician authorized by the employer to treat the injury
of or illness.

Disability (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
10.55: those identified in the schedule of time charges shall be a

Evaluation percentage of 6,000 days as determined by the physician

authorized by the employer to treat the injury or illness.
of (11) The charge for a temporary total disability shall be the total

Disability 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
10.55: subsequent to the day of injury or illness ascribed solely to

Evaluation the unavailability of medical attention or necessary

diagnostic aids shall be considered disability time, unless
of in the opinion of the physician authorized to treat the
injured or ill employee, the person will be able to work on
Disability 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
10.55: injure or ill employee, is of the opinion that the employee

Evaluation was actually capable of working a full normal shift of a

regularly established job, but because of transportation
of problems associated with his injury, the employee arrives
late at his place of work or leaves the workplace before the
Disability 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
10.55: for his injury, the determination of the nature of his injury

Evaluation and his ability to work shall rest with the physician
authorized by the employer to treat the injured or ill
of employee. If the employee rejects medical attention offered
by the employer, the determination may be made by the
Disability employer based upon the best information available to him
if the employer fails to provide medical attention, the
employee’s determination shall be controlling.
 10.56: 1056.01: Exposure to Industrial Injuries:
Exposure to work injuries shall be measured by the total
Measurement number of hours of employment of all employers in each
of establishment or reporting unit. The exposure of a central
Performance 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.
 10.56: 1056.02: Determination of Employee-Hours of
Exposure:
Measurement Employee-hours of exposure for calculating work injury rates
of are intended to be actual hours worked.
Performance 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.
 10.56: (2) Estimated Exposure Hours – When actual employee-hours
of exposure are not available estimated hours may be used.
Measurement Such estimated hours should be obtained by multiplying the
of total employee days worked for the period by the average
number of hours worked per day. If the hours worked per day
Performance 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.
 10.56: (3) Hours not Worked – Employee-hours paid for but not
worked, either actual or estimated, such as time taken for
Measurement vacation, sickness, barangay duty, court duty, holidays,
of funerals, etc., shall not be included in the total hours worked.
The final figure shall represent as nearly as possible hours
Performance 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.
 10.56: (5) Employee with Undefined Hours of Work – Traveling
salesmen, executives and others whose working hours are
Measurement defined, an average eight hours day shall be assumed in
of computing exposure hours.

Performance (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.
 10.56: •   1056.03: Measures of Injury/Illnesses
Experience:
Measurement (1) Disabling Injury /Illnesses Frequency Rates -The
of disabling injury/illness frequency rate is based upon the total
Performance 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
Frequency Rate
(FR)
The frequency rate shall be rounded to the nearest two decimal
places.
 10.56: •   Disabling Injury / Illness Severity Rate – The
(2)
disabling injury / illness severity rate is based on the total of all
Measurement scheduled charges for all deaths, permanent total and
of permanent partial disabilities, plus the total actual days of the
disabilities of all temporary total disabilities which occur
Performance 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
Severity Rate (SR)

The severity rate shall be rounded to the nearest whole number.

 10.56: (3) Average Days Charged per Disabling Injury – The
average days charged per disabling injury/illness expresses the
Measurement relationship between the total days charged and the number of
of disabling injuries/Illness.

Performance The average may be calculated by the use of the formula:

Average Days
Charged per  =
Disabling
Injury/Illness
OR
Average Days
Charged per  =
Disabling
Injury/Illness
 Major • Itandis notify
the responsibility of the Employer to report
any accident/incident to any Regional
Takeaways/Points: DOLE offices involving its employees within 24
hours;
• All fees resulting from hospital care and related
services must be shouldered by the Employer;
• In case of dangerous occurrences under 10.52-02
of the OSHS, the DOLE is set to inspect and
determine the cause of such occurrences. Pending
investigation, the establishment/company must
cease its daily operation.
• In case of death/disability, the computation of
claims must be in accordance with under 10.53 or
any CBA the employee-employers made.