STATUS OF IMPLEMENTATION OF THE PROVISIONS RELATING TO SILICOSISPROVISIONS RELATING TO SILICOSIS

IN THE STATE OF PUNJAB

�Silicosis :-

Among the occupational diseases, silicosis is the major cause of permanent disability and mortality. There is no effective treatment for There is no effective treatment for silicosis that is why it is a notifiabledisease under the Factories Act, 1948.

In the State of Punjab list of processes/operations having potential to

cause silicosis is as under:-

� Foundry Operations

�Ceramic & Glass Industries�Ceramic & Glass Industries

�Cement Industries

� Stone Crushing Industries

� Construction

� Out of above mentioned operations/processes in our state the process of breaking of stones (Stone Crushing) is identified as dangerous operation under section 87 of the Factories Act, 1948.

� The State Government has issued a notification under section 85 of the Factories Act, 1948 to cover the un-organized sector (not registered as factories due to organized sector (not registered as factories due to employment of less number of workers i.e. less than 10 with power or less than 20 without power) carrying out manufacturing operations in stone crushers which are having potential to cause silicosis.

contd.

� Schedule IV regarding Glass manufacture, Schedule XIV regarding Manipulation of stone or any other material containing free silica, Schedule XXII regarding Manufacture of pottery and ceramics and Schedule XXVII regarding operation in Foundries Schedule XXVII regarding operation in Foundries under Rule 102 of Punjab Factory Rules, 1952 are in existence to enforce safety, health and welfare aspects for workers.

� The department has undertaken a special drive from 1-4-2011 to 31-12-2011 regarding the prevalence of silicosis. 232 factories were inspected regarding safety and health of workers. 39 managements have been prosecuted for 39 managements have been prosecuted for failure to improve work environment .

� 7182 workers employed in 604 factories were medically examined to detect the occupational disease. No case of silicosis has been detected during medically examination of the workers.

The total number of registered factories having potential to cause silicosis, total number of workers employed and number of workers exposed to airborne dust is as workers exposed to airborne dust is as follows:-

FOR THE YEAR 2012 AND 2013s.no Name of the

Dangerous Operation

Total No. of registered factories

Total No. of workers employed

No. of workers exposed to airborne dust

Number of inspections conducted

Total No. of worker medically examined

1 Stone Crushing 144 1279 189 133 152

2 Foundries 576 20540 6522 175 5641

3 Ceramic industry 21 536 260 2 198

4 Cement industry 4 752 308 4 2884 752 308 4 288

TOTAL 745 23107 7279 314 6279

� 3842 establishments are registered under the BOCW Act, 1996.

� 2,25,623 workers working in the below given construction activity in unorganised sector are registered with Punjab Building and Other Construction Workers Welfare Board. These Construction Workers Welfare Board. These workers are entitled to claim benefits of various welfare schemes framed by the Board.

� a) Making and transportation of raw bricks.

� b) Stone breaking work except stone breaking by power Crushers. Contd..

� c) Tiles or block making from fly ash, cement and other material .

� d) Cutting and fitting of glass.

� e) Cutting , breaking and crushing of stone.

� f) Cutting, and polishing of slabs/tiles.

� g) Making of Bricks, roofing tiles not covered under Factories, Act, 1948.

� The State of Punjab is divided into 21 Circles and one Deputy Director of Factories/Assistant Director of Factories is employed in each circle.

� Time to time inspections are conducted by the field officers to ensure the implementation of labour laws and safety norms.

Contd..

� In the stone crushers all the dust emitting points are covered and regular sprinkling of water at the dust emitting sources is ensured.

� It is ensured that workers are wearing protective � It is ensured that workers are wearing protective respiratory devices and are provided with adequate training and information on safety and health aspects.

� Managements are advised by field officers to rectify any violation of provisions of Factories Act and rules framed thereunder for ensuring safety, health and welfare of the workers.

� In case any management does not take appropriate � In case any management does not take appropriate action to ensure safety , health and welfare of the workers such employers are prosecuted as per provisions of the law.

� There are also 3 Assistant Director of Factories (Medical). The workers employed in the factories are also medically examined by the Assistant Director of Factories (Medical).

� These field officers make visits in the above � These field officers make visits in the above mentioned factories and advise the managements to monitor the workroom environment having potential for silicosis and to ensure healthy working conditions.

contd.

� They medically examine the industrial workers where occupational disease is suspected.

� There is a proposal to set up one Mobile Laboratory Van equipped with necessary instruments to check Van equipped with necessary instruments to check the monitoring of the work place and for medical surveillance of the workers.

Contd.

� In next six months a survey of all silicosis factories

will be undertaken and the samples will be collected from the work environment and after analyzing these samples in the departmental laboratory managements will be advised to take corrective measures.

� Similarly workers exposed to dust or fumes will be

medically examined and as per requirement different types of medical tests will be advised by the Doctors.

� Directorate of Factories imparts training to workers/ supervisors to make them aware about occupational diseases by conducting training programmes in various factories on regular basis

� Equipments to check dust in working environment are provided to field officers.

PROPOSED ACTION ON RECOMMENDATIONS OF NATIONAL HUMAN RIGHTS COMMISSION ON

PREVENTIVE, REHABILITATIVE AND COMPENSATION PREVENTIVE, REHABILITATIVE AND COMPENSATION ASPECT OF SILICOSIS

PREVENTIVE MEASURES:

� The information regarding suspected hazardous industries will be updated by 31-08-2014 and their occupational health survey and dust survey on half yearly basis will be done.

� All the enrolled workers will be medically examined � All the enrolled workers will be medically examined for chest radiography and pulmonary function test to rule out any respiratory disorder.

Contd.

�It is ensured that managements are providing protective gears for the workers .

�Promotion of various engineering control measures to control silica dust is also done.measures to control silica dust is also done.

�Less hazardous substitutes to silica will be promoted.

� More publicity material will be prepared to make aware of the disease through wide publicity during training programmes .

� Occupational health and safety committees with the � Occupational health and safety committees with the representation from workers and health care providers is ensured in the factories.

REMEDIAL MEASURES:

� Efforts should be made to provide facilities for diagnosis of silicosis in each of the District. Action would be taken by Director Health & Family Welfare, Punjab .

� The accountability for the implementation and control over the rules and regulation of laws are reviewed in over the rules and regulation of laws are reviewed in the monthly meetings.

� The State Govt. is keen to setup State Social Security Board under Unorganized Worker’s Social Security Act, 2008 which is in process.

COMPENSATION MEASURES:

� Silicosis disease has been enlisted in part-c of the schedule under section-3 of the Workmen’s Compensation Act, 1923 to provide compensation to the silica affected person.

� Silicosis board will be setup after the survey of silicosis prone factories, till then efforts will be made to provide compensation through existing welfare boards of the department.

Contd….

� Officers of the Labour Department have been vested with the powers of commissioners to facilitate filing of claims and justice at the door step for employees compensation.

� Punjab Building Construction Workers Welfare � Punjab Building Construction Workers Welfare Board has framed a scheme for giving financial assistance of upto Rs. One Lac for treatment of silicosis among construction workers, who are from the unorganised sector. The amount is reimbursed after the treatment on the verification of CMO.

� contd…

� The Board has approved in principle Health Insurance scheme for construction workers to be implemented through Punjab Health System corporation under which Health Insurance cover of Rs. 1.5 lac per annum will be provided to family of Rs. 1.5 lac per annum will be provided to family of six on family floater basis.

� The Board has framed scheme of General Surgery for construction workers and their families under which financial assistance of upto Rs 20,000 is given .

� Rs. One Lac ex-gratia is given to construction workers in case of death or permanent disability.

� In case of partial disability ,Compensation is calculated @ Rs 1000 /- per 1% disability .

�We are thankful to National Human Rights Commission for organizing this National conference to discuss important issues relating to occupational hazard of silicosis in Indian important issues relating to occupational hazard of silicosis in Indian industry. I hope that the deliberations here, in this workshop, would indeed be innovative and fruitful.

THANK YOU

Directorate of Factories,

Punjab