Employer Duty to Disclose Audiometry Results under P.D. 626
A Philippine legal commentary
1 | Statutory Background
| Source | Key provisions relevant to audiometry disclosure |
|---|---|
| Presidential Decree 626 (1974, as amended) – Employees’ Compensation & State Insurance Fund | Art. 208‑D(e) (old Art. 196), Art. 211‑A, and implementing EC Rules obligate employers to submit complete medical evidence (including audiograms) when an employee files an occupational‑disease or injury claim. Failure or refusal gives rise to penal, civil, and administrative sanctions. |
| 1978 Occupational Safety & Health Standards (OSHS), Rule 1960 – Noise | Requires (a) baseline audiogram before initial exposure ≥85 dBA, (b) annual or biennial follow‑up tests, (c) retention of records for the duration of employment + 20 yrs, and (d) worker counselling “on the results of every audiometric examination.” |
| R.A. 11058 (2018) & DOLE D.O. 198‑18 | Sec. 7 grants the worker’s right to know about occupational risks and the findings of any medical surveillance. Sec. 31 penalises non‑disclosure with fines up to ₱100 000 per day of violation and possible stoppage of work. |
| Data Privacy Act 10173 & NPC Advisory 2018‑1 | Recognises audiograms as sensitive personal information. Employers may process/transfer them only for legitimate OSH or EC‑claim purposes and must give the data subject access upon demand. |
2 | The Core Duty to Disclose
Who must disclose? Any employer that subjects employees to qualifying noise exposure or whose employee later claims work‑related hearing loss.
What must be disclosed?
- All audiograms (baseline and periodic).
- Exposure data (noise‑survey results, duration, PPE usage).
- Any medical opinion or threshold‐shift determination.
When & to whom?
Recipient Time‑frame The employee Immediately after every test; again on written request; at exit. Employees’ Compensation Commission/SSS/GSIS Within ten (10) days from receipt of EC claim form EC‑1/EC‑2. DOLE‑BWC/RO On periodic OSH report or upon inspection demand; within 24 hrs for reportable hearing‑loss incident. How to disclose?
- Provide readable copy of the audiogram (digital or hard copy).
- Explain results in plain language (Rule 1960.03).
- Note recommended controls or fit‑testing results.
Record‑keeping Retain originals for 20 years post‑employment or longer if litigation is pending; ensure security consistent with NPC circulars.
3 | Interaction with the EC Claims Process
| Stage | Employer obligation |
|---|---|
| Filing | Employee files EC claim → employer must accomplish EC‑2 report & attach latest audiogram(s) + noise exposure history. |
| Evaluation | ECC Medical Division compares baseline vs. current audiogram. Lack of employer‑submitted records shifts burden and ECC may accept employee‑procured audiogram. |
| Adjudication | If employer withheld or altered results, ECC/NLRC may impose solidary liability for benefits paid plus attorney’s fees (Art. 12, EC Rules). |
| Appeal | Employer can contest causation but cannot introduce undisclosed audiograms belatedly; cases cite “clean‑hands” doctrine. |
4 | Jurisprudence Snapshot
| Case | Ratio decidendi |
|---|---|
| ECC v. Court of Appeals & Santos (G.R. 92699, 1991) | Employer’s failure to supply pre‑employment audiogram disabled ECC from determining causal link; doubt resolved in favor of labor. |
| Philippine Airlines v. NLRC (G.R. 148415, 2004) | PAL’s non‑production of annual audiometric data was treated as substantial evidence of concealment; worker’s hearing‑loss compensation upheld. |
| Alcantara v. Globe Maritime (G.R. 175491, 2010 – seafarer context) | Employer‑submitted audiograms that were unsigned/undated were disregarded; court reiterated duty to preserve and faithfully disclose medical records. |
5 | Sanctions for Non‑Disclosure
Administrative
- DOLE penalty: up to ₱100 000/day; possible closure order (Sec. 31, D.O. 198‑18).
- ECC fine for late EC‑2: ₱10 000 per offense + surcharge.
Civil
- Moral & exemplary damages for bad‑faith concealment.
- Attorney’s fees (Art. 2208, Civil Code; Art. 294, Labor Code).
Criminal
- PD 626 Art. 211‑A imposes ₱1 000‑10 000 fine or imprisonment up to 6 mos for false statements or non‑submission.
- Data‑privacy breach: ₱500 000‑2 000 000 + imprisonment (Secs. 31‑37, DPA).
6 | Practical Compliance Framework
Establish a Hearing Conservation Program
- Noise mapping; engineering controls > PPE.
- Mandatory audiometry schedule & retesting for Standard Threshold Shift ≥10 dB.
Disclosure Protocol
a. Test completion → hand employee signed result slip + counselling. b. Upload encrypted PDF in HRIS portal (worker download‑enabled). c. Retest notifications flagged by HSE nurse.Data‑Privacy Measures
- Privacy notice at collection; limited access list; secure off‑site backup.
EC‑Claim Response Checklist □ EC‑2 accomplished within 5 days □ Baseline & latest audiograms attached □ Narrative on exposure & controls □ Certification of accuracy by company physician
7 | Model Employee Acknowledgment Clause (attach to audiogram)
“I acknowledge receipt of my audiometric examination results dated _____. The company physician has explained the findings and recommended protective measures. I understand that I may obtain additional copies at any time without cost and that these records may be transmitted to the ECC/SSS for any future compensation claim.”
(Signature over printed name) (Date)
8 | Conclusion
Under P.D. 626, the duty to disclose audiometry results is two‑fold: (1) a preventive OSH obligation rooted in the worker’s right to know and (2) an evidentiary burden in the EC compensation regime. Full, timely, and transparent disclosure not only preserves the worker’s constitutional right to health and information but also shields employers from administrative fines, tort liability, and adverse inferences in litigation. Proactive compliance—through systematic testing, robust record‑keeping, and privacy‑respectful disclosure—remains the surest path to legal and ethical stewardship of occupational hearing health in the Philippines.