Occupational Safety & Health Association of Jharkhand (OSHAJ)

Flat No.1011, Satluj, Vijaya,s Shatabdi, Sonari, Jamshedpur, Jharkhand, India, Pin Code: 831011, Ph: +91 657 2314416, Mob: + 91 9431372228, +91 9693621508 Email: oshajindia@gmail.com

Ref. No. M NHRC-OSHAJ/186/ 2011 Date: 12.04.2011 Mr P C Sharma Honourable Member National Human rights Commission Faridkot Houses, Copernicus Marg New Delhi 110001 Subject: Special report on Silicosis & other forms of Occupational Lung Diseases (bold letters are added by the undersigned) Dear Sir, Thank you very much for providing us an opportunity organising a special meeting on 4th April 2011 to express our view points with our perception. Another round of meeting on 5th April 2011 with Mr. C K Tyagi followed the said meeting and discussed on the set points for which OSHAJ is advised to submit a brief note/suggestions on the relevant points. Before suggesting some points, we would like to draw your kind attention to the following points on which circumstances we have been suggesting that reflects our view points that has been developed with a larger perspective considering our experiences of monitoring of mining & processing and intervening in mineral bearing state of Jharkhand, Orissa and West Bengal. 1. Most of the dust generating units, which is the chief source occupational lung diseases, belongs to different scales of organized sectors. The units may be small scale, medium scale and large-scale units (public sector/ government undertaking/private sectors) situated may be in urban industrial belt or in rural areas). Even a small stone crusher unit ( 50 ton/per day ) or iron crusher units require mining lease from district mining office, approval of district industrial board/industrial development authority and no objection certificate from concerned state pollution control board. How can be this unit would be identified as unorganized sector unit just because of not having labour registration with ESI, provident fund, which is the responsibility of law enforcing agencies of the state government. Gross negligence of law enforcing and regulatory agencies cannot be interpreted only just branding the unit/s as unorganized sector/s when the case/s of silicosis is reported and issue of compensation and rehabilitation is raised. Therefore, implementation of existing rules and regulations with better-amended forms are suggested as mentioned below. Exemplary Note: A ramming mass unit (quartz grinding unit) is registered with ESI in Khambat, Gujarat but similar type of unit is not registered with ESI in other parts of Gujarat, MP and Jharkhand. Can we give different status to same units just because of not having registration with ESI in same or other states? 2. There is some unorganized dust generating units like hand broken stone quarries, sand stone brick making, illegal coal mining (rat hole- informal coal mining from abandoned sites), illegal stone and iron ore crusher and slag pickers for which a comprehensive legislation is required. We cannot suggest any recommendation for the units that run illegally from the very beginning but some regulatory mechanism should be there either to check illegal mining & processing and running of crusher units or government to be responsible to provide necessary

support system to protect the health, lives and livelihood of the workers & community (belong to most vulnerable community of the society) and compensation and rehabilitation to the affected persons. 3. The phobia of TB is created by some government agencies and NGOs equating infectious & curable disease like TB with the any form pneumoconiosis (occupational lung diseases) that does not have any basis. Which is an over simplification that pursue all silicosis affected workers are TB patients which is not in reality. Initially when workers enter in an occupation in silica dust polluting unit first contract silicosis and later they may develop silico-tuberculosis (which is also a notifyable and compensable disease as per the acts) as there is 15 times risk for getting affected with TB who suffers due to silicosis. A poor TB patient may start work in dust generating unit, which is an exceptional case that cannot be generalized to emphasize the same. A study done by the Dy. Director, DGMS, Bilaspur Region report reveals the reality. 4. The notion that makes no difference between TB and occupational lung diseases or generalization of TB is the outer expression of any occupational lung diseases is incorrect that creates lots of confusion while planning for a control program of silicosis or any other forms of occupational lung diseases. The correct way of controlling of silicosis /occupational lung diseases may be suggested based on the following observation. 4.1. The RNTCP program of the government run through NRHM. TB is detected by sputum culture and microscopic method. There is no X-Ray Unit in the centers run by RNTCP. For detection of silicosis or any form of pneumoconiosis need X-Ray machine of 300 MA. 4.2. It is difficult for any ordinary doctors of TB department to diagnose silicosis or silicotuberculosis. But any doctors who are ILO & WHO trained or experienced doctors can diagnose the silicosis cases by ILO classification of X-Ray plates. 4.3. There are twelve heads of expenditure on RNTCP, if extra fund is not allotted for controlling of silicosis and other forms of lung diseases, the existing RNTCP program will run with financial constraints that may create hindrance for their activities. 4.4. If any workers dies because of silicosis or silico-tuberculosis the innocent staffs of said program may be accused unnecessarily. 4.5. If advocacy could be possible for silicosis control by RNTCP then why the advocacy would not be possible for formation of occupational health hazard control cell in different states under NRHM to establish and run Occupational Disease Diagnosis/Detection Centers at different location especially in mining areas under the guidance of Regional Occupational Health Centers. 4.6. The Ministry of Health & Family Welfare, Govt. of India has given extra charges of occupational diseases to Dr. Anoop Kumar Puri, Addl. Director General, Directorate General Health Services, and Government of India. But the said director is over occupied and could not do much on OSH but he has some good plan to accept the issue as challenge if he gets one doctor of occupational diseases to assist him. Sir, We furnished our comments & suggestion on point No.01, 02, 06, 09,10, 11, 12, 13, 14 Contents 01. Introduction 02. Description of Silicosis 03. Concern of NHRC 04. Core Group Meetings on Silicosis

05. National Level Meetings 06. Description of cases pending before commission 07. Observation of Supreme Court of India 08. Meeting with Senior Officer of MP & Gujrat 09. States mainly affected 10. Mandate of the Law 11. Medical Facilities 12. Cases Detected 13. Role of NGOs 14. Report submitted by State/Central Government

1. Introduction:
In all countries, occupational chronic respiratory diseases represent a public health problem with economic implications. In low and middle-income countries, occupational illnesses are generally less visible and are not adequately recognized as a problem. Moreover, in those countries, most patients are not compensated and usually continue to work until the disease is severe and debilitating1. The ILO/WHO Joint Committee on Occupational Health launched in 1995 a Global Programme on the Elimination of Silicosis from the world by 2030. The objective of this Task Force is to further develop and implement this programme, to encourage every country to develop its own national silicosis elimination programme, and to provide a knowledge base for countries that wish to launch a national programme. Prevention of pneumoconiosis other than silicosis may be included as a part of the programmes at the regional and country levels, because occupational exposures to different kinds of dusts are widespread and the prevention and control activities for different forms of pneumoconiosis are to some extent related2. Work place safety and occupational lung diseases have become an integral part of Millennium Development Goal3 as lay down by WHO4.

2. Description of Silicosis and other forms of occupational lung diseases:

Historically silicosis is an oldest occupational lung disease. The cause of death of a Mummy of an Egyptian Pharaoh of 1500 BC (nearly 3500 years ago) was silicosis that was revealed in 20th century perhaps through lung biopsy and scanning. Father of the Medicine, Hippocrates first diagnosed silicosis in 430 BC (2500 years ago).
1 2

A world where all people breath freely- WHO www.who.int/occupational_health/topics/en/oehtf4.pdf - similar Keywords: brochure, disease elimination, silicosis, global programme & www.who.int/occupational_health/publications/.../gohnet12e.pdf Keyword: The Global Occupational Health Network 3 www.ilo.org/public/english/protection/download/newsletter/.../summer-e.pdf Keynote: social protection matters & www.adb.org/Documents/Books/.../Public-Private-Partnerships.pdf - Keynote: public-private partnerships for protecting health and the environment
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A world where all people breath freely- WHO

Work-related respiratory conditions can have long latency periods. Once the disease process has begun, the worker continues to be at risk for many years, even after exposure ceases. In addition, once these conditions have developed, they are usually chronic and may worsen, even after avoidance of the risk factors. Occupational respiratory diseases include a spectrum of conditions caused by the inhalation of both organic and inorganic materials. Silicosis is a specific form of pneumoconiosis, a serious lung condition which is defined by the International Labor Organization (ILO) as "an accumulation of dust in the lungs and the tissue reaction to its presence. Pneumoconiosis is a lung disease caused by the long-term breathing (ingestion) of dust. Though the symptoms of silicosis and other dust related diseases are quite similar but Pneumoconiosis takes into account other dust related diseases also and thus has wide spread incidence in the mining areas and larger range of diseases. Source of different forms of pneumoconiosis Source Silica Iron Dust Asbestos Coal Beryllium Strontium Occupational Lung Disease Silicosis Siderosis Asbestosis Coal Worker Pneumoconiosis Berilliosis Stroniosis

The best way to prevent silicosis is to identify workplace activities that produce crystalline silica dust and then to eliminate or control the dust. 06. Description of cases pending before commission: The lists (attached) of the cases of East Singhbhum & West Singhbhum, Jharkhand have already been given. 09. States mainly affected as mentioned below: The mineral bearing states like Jharkhand, Orissa, Chhattisgarh, West Bengal, Andhra Pradesh, Karnataka, Tamilnadu, MP& Rajasthan and Gujarat , Haryana, Assam, Meghalaya etc . TABLE 1 - List of Major Mineral Reserve in Jharkhand S. No. Major Minerals Reserve in Lac Ton 01 Asbestos* 004035.00 02 Bauxite 000611.00 03 China Clay 000344.00 04 Coal 620850.00 05 Copper 001100.00 06 Feldspar 003450.00 07 Fireclay 520250.00 08 Graphite 000005.30 09 Iron ore 029720.00 10 Kainite 001138.00 11 Mica 017800.00 12 Quartzite 003170.00

Dust generating areas (mines & industries and ash ponds ) of Jharkhand Organised sector Unorganised ( Informal )sector Sl Public sector undertaking Name of the dust Small scale units No. /private companies large s/medium small scale units 01 Coal mines & washery Coal dust Illegal coal mines & briquetting units 02 Iron ore Iron dust Illegal iron ore mines & crushers 03 Sponge Iron & Steel plant Coal, iron ore, silica dust, Chromites 04 Uranium Mines Silica dust 05 Uranium Mill Silica dust 06 Copper mines Silica dust 07 Copper smelter Silica dust 08 Stone quarry Silica dust Hand broken & Illegal stone quarrying & crusher units 09 Ramming mass unit (Quartz Silica dust crushing & grinding ) 10 Sand Stone Brick mfgr. unit Silica dust Illegal Sand Stone Brick mfgr. units 11 Feldspar Silica dust Illegal Mica Mining 12 Chromites & mining 13 Thermal Power Unit & Coal & Silica Dust Ash Pond 14 Insulator mfgr. unit Silica Dust 15 Foundrys Silica Dust 16 Casting & alloy unit Silica Dust 17 Jharkhand is a mineral bearing State in India.

Name of the dust Coal dust Iron dust

Silica dust

Silica dust Silica dust

History of mining and processing of metallic and non-metallic minerals is 300 years old. More than 15,000 mines of different minerals, coal, copper, iron, quartz, granite, bauxite and uranium and several 1000 related industries are currently operational which generate dust during mining and its processing that causes silicosis and other forms of pneumoconiosis / occupational lung diseases. These include 10,000- 12,000 stone crushers, 45-50 ramming mass units, 192 iron ore crushers, 50 sponge iron units. There are several thousand-construction sites. 77 types of production (including construction) units are identified for silica dust emission at workplace. These units also generate fine dust causes Most of the dusts generating units belong to organized sectors - in rural and industrial areas of suburban and urban localities. Some of the units come under the unorganized sector.

A conservative estimate shows that 25-30 lakh workers of Jharkhand are affected due to silicosis.

10. Mandate of the Law: The Standing Order Act 1946, Factory Act 1948, The Mining Act 1952 should be implemented. Some amendments are suggested as follows: 41-A, 41-B, 41-C, 41-D, 41-E, 41-F, 41-G, 41-H, of Provisions Relating to Hazardous Process of Factories Act 1948 to be implement strictly. For accountability towards implementation of the act 41-G workers participation in safety management shall be mandatory for any production units and an amendment in said section is suggested for ensuring the participation of NGOs working on occupational safety & health of the workers, labour support groups and human rights groups and experts. Amendment is suggested on point no. (g) of 7. -Notice by the occupier (of Factories Act 1948) that all the workers would be employed through village panchayat (village assembly ) or notified area committee or employing the workers the registration by the village panchayat or notified area committee to be done within a month of their recruitments. Another amendment on the last line of points no (e) of 7-A of said act is to be done like the sentence . arrangement for their welfare at work. We suggest that line should be replaced with arrangement for protecting the OSH (Occupational Safety & Health) rights at the work place. Similar amendment is to be made on Mining Act 1952 for ensuring right to live at work place. Amendment is suggested on Amount of Compensation of Employers liability for compensation of The Workmen Compensation Act 1923. The ailing workers who contracted occupational diseases should be considered as permanent total disablement and should get compensation 5 times than the amount is set for the death due to occupational diseases. The reason is no body can predict the life expectancy of an occupational disease victim and the expected expenditure towards treatment and other expenditure related to that. If increased amount is not paid all the compensation amount will be spent for treatment purpose only. It is suggested to formulate a rule like no dust generating units (small, medium scale, large scale units) be registered as a vendor with the public or private sector unit to supply their products if the said outsourced companies/ancillaries do not adhere to maintain safe workplace standard set by the government and its rules. Water contamination, air and environment pollution persist due to non-installation of the dust control equipment. These are the violations of Water Pollution (Control & Prevention) Rules 1975, Air pollution (Control & Prevention) Rules 1982 and Environment Protection Act 1986 that create adverse impact on human health, bio network and different options of livelihood. Thus, these acts should be implemented strictly. A National Policy on Silicosis and other forms of occupational lungs diseases / pneumoconiosis to be formulated. National Occupational Safety & Health Commission / Board to be formed with its state chapters which will work as an autonomous body and the government will be bound to implement the commissions/ boards recommendation regarding OSH. The important activities of such commission would be monitoring the functioning of concerned government departments related to mining and production in factory in organized and in unorganized sectors and will intervene as and when required. Every state government must have their occupational safety and health policy for which government has to undertake preparation of rules and regulation on said issue as per the present

rules and regulations with its amended forms that will more effective tools to identify and control silicosis and other occupational lung diseases, to provide treatment and compensate & rehabilitate the victims. The state government must follow the existing rules and regulations as per the acts and norms set by the central government till the state governments formulate such OSH policy for their respective states. Formulation of stringent law to enforce the labour related acts and laws. Legal provisions should be there for exemplary punishment for the law violating industries. OSH for the workers shall be statutory obligation and responsibility of the company for their workers and staff. Ultimately, state should be responsible to make the industry accountable and responsible to the workers community and environment. In addition, the government must have the statutory obligation and responsibilities for the workers of informal and unorganized sectors. Formulation of OSH and labour laws or extension of the existing laws and acts for the unorganized sectors as part of social security, an amendment is suggested, that all the dustgenerating units (that causes occupational lung diseases) should come under the Factories Act 1948 & Mining act 1952. In the case of informal /unorganized sectors, the role the occupier will be vested upon the respective chief secretary of the state governments in absence of employer employee relationship. An amendment in the existing law is suggested that the principal employer shall solely be responsible if any contractual or casual worker develop silicosis or any other forms of occupational lung diseases. A rules to be formulated that will prosecute against the doctor/s and the head of the medical institution to cease their license if they do not undertake proper methodology for undertaking medical surveillance, do not provide proper prescription to the victims of silicosis and other forms of pneumoconiosis or hide the fact and provide false diagnosis report. A rules to be formulated that will prosecute against the factory inspector, mines inspector and certified surgeons and principal occupier, owner, manager, director of the company (mines and industry) if they do not discharge their duty properly and do not undertake proper methodology of undertaking medical surveillance and if do not notify to district administration in time. The district administration (DC or DM) to be prosecuted if the said office is found indifferent after being notified by the concerned officials and doctors. Every state government must have a legislation to appoint certified surgeons mandatory by the polluting units or group of small units to certify the cases of dust diseases as and when required. 11. Medical Facilities: There is no designated center for lung diseases / occupational diseases detection center at ESI and government hospital in Jharkhand. It is suggested to undertake nation wide silicosis and other occupational lung disease control programme through NRHM. It is suggested for setting up of the Occupational Disease Diagnosis/Detection Centre (OD DC) at ESI, government hospitals in mineral bearing states. All state government should maintain link with their respective Regional Occupational Health Centre for conducting study in hazardous mining areas to know the exact status of concentration of silica or dust containing SIO3, crysobolatae or Tripoli, asbestos fiber, coal & iron ore dust ( fine blue)etc

12. Cases Detected Already sent to NHRC and new updated report will be sent to you very soon. 13. Role of NGOs 1. NGO can update database of NHRC and government agencies on silicosis and other occupational lung diseases if necessary support systems are provided to them. 2. NGO can start campaign, dialogue, and lobbying with their respective state governments and central government and other political parties to implement the recommendations to be done by NHRC for Indian Parliament. NGOs can be instrumental for implementing rules and regulations set by the government. 3. NGOs can play a very significant role for developing occupational safety & health policy for their respective state governments. NGO can also undertake OSH consultancy. 3. NGO can initiate to form OSH committee at work places, to form stakeholders committee comprising concerned government departments, NGOs, CBOs, Trade Unions and Human Rights groups District, Panchayat & village headman and representatives of Anganwari staffs etc 4. NGO can prepare statewide inventory of hazardous units, dust affected persons and simultaneously undertake medical surveillances of the affected persons mobilizing resources from government and other donor agencies. 5. NGO may be part of state level OSH committee. NGO can undertake monitoring of mines and hazardous production process, environment and human health jointly with IMA, CBOs, Trade Unions and Human Rights groups as per their capacities for some of the previously mentioned work. NGOs can run ODDC (public private NGO partnership mode). 14. Report submitted by State/Central Government: Report submitted by the concerned different government departments and the state government is far from the fact, which is contradictory and misleading. Such types of reports and affidavit by the state government were sent to NHRC. In the name investigation several hundreds liters of fossil fuel has been burnt to visit the sites time and again to prepare investigation report several incorrect reports were prepared by the Civil Surgeons office of East Singhbhum and submitted to NHRC via higher state government officials, and Jharkhand State Legislative Assembly. The said offices have been providing false, misleading and irrelevant information to State Information Commission and have been delaying the RTI process. Thanking you once again to involve us to make recommendation on said subject for the Indian parliament for which we feel proud to prepare this note for your ready reference. Yours faithfully,

Samit Kumar Carr Secretary General, OSHAJ