silicosis jharkhand

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    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:[email protected]

    NATIONAL CONFERENCE ON SILICOSIS1st March 2011

    Organized by National Human Rights Commission NEW DELHI

    Silicosis Hard Ice of Governance That Started Melting in Jharkhand

    By Samit Kumar CarrSecretary General,OSHAJ &

    Coordinator, Rising Occupational Safety & Health Network of India

    1. BACKGROUND

    Jharkhand is a mineral bearing State in India.

    History of mining and processing of metallic and non-metallic minerals are 300 years old More than 15,000 mines of different minerals, coal, copper, iron, quartz, granite, bauxite and

    uraniumand several thousand related industries are currently operational.

    These include 10,000- 12,000 stone crushers, 45-50 ramming mass units, 192 iron orecrushers, 50 sponge iron units.

    There are several thousand-construction sites.

    77 types of production (including construction) units are identified for silica dust emission atworkplace.

    Many of these units come under the unorganized sector- in rural and industrial areas ofurban localities.

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

    silicosis.

    2. PNEUMOCONIOSIS - A LETHAL INCURABLE & PREVENTIVE DISEASE

    Pneumoconiosis is a lung disease caused by the long-term breathing (ingestion) of dust. Thoughthe symptoms of silicosis and other dust related diseases are quite similar but Pneumoconiosistakes into account other dust related diseases also and thus has wide spread incidence in themining areas and larger range of diseases.

    It is an irony that many workers are affected and many of them have died due to the followingoccupational dust diseases though there is no database or case history.

    Source of different forms of pneumoconiosis

    Source Occupational Disease

    Silica Silicosis

    Iron Dust Siderosis

    Asbestos Asbestosis

    Coal Coal Worker Pneumoconiosis

    Beryllium Berilliosis

    Silicosis-Hard Ice of Governance That Started Melting in Jharkhand- By Samit Kumar Carr, Secretary General, OSHAJ 1

    mailto:[email protected]:[email protected]:[email protected]
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    Most doctors forget the said oath, diagnosed the silicosis patients as cases of TB, Bronchitis,and issued one line of statement of not having a single case of silicosis in their districtbecause of some unknown reasons, but some of them later accepted that they did notconduct any health survey on silicosis.

    Thereafter because of some unknown reasons, the Civil Surgeons office of East Singhbhum

    and other districts prepared false medical investigation reports several times and was sent tohigher state government officials, National Human Rights Commission, State InformationCommission and even the said offices misled the Jharkhand State Assembly. Later most ofthe silicosis victims declared dead in a report prepared by the investigating doctors. Notablythe saiddead bodies became alive and were reexamined on 17th & 19th July 2010 and all ofthem except one diagnosed as pneumoconiosis patients.

    An affidavit was submitted to NHRC in June 2010, which is a document of denial of fact onsilicosis death, contradictory statements of concerned government officials and violation ofset governments protocol.

    Planning Commission formed working groups for 10th and 11th 5-year plans and a report onOSH Board are hosted in the DGFASLIs website. When OSHAJ expressed willingness to be

    part of said board, the reply was that no such legislation was made till then to form OSHBoard. Death due to mishaps in industry and mines and suffering and death due to differentform of pneumoconiosis has become rampant in mining areas of Jharkhand.

    The issue of occupational safety & health of the mines workers is absent from preamble ofnewly drafted Mines Minerals & Development Rule 2010. The issue of OSH rights has beenreplenished with the concept of welfare that means mercy of the mining company. Therefore,how can the Mining Act 1952 be instrumental to safeguard the OSH rights of the minesworkers?

    The preamble of newly drafted Mines Mineral & Development Rule 2010 (MMDR) does notcarry out the issue of Occupational Safety of Health for the mineworkers.

    5. HARD ICE OF GOVERNANCE IN JHARKHAND

    Non-implementation of Factory Act 1948, Mining Act 1952 and The WorkmenCompensation Act 1923 in Jharkhand.

    Denial of the fact of persistence of cases of silicosis in Jharkhand viz. the report Ref. Nosubmitted to NHRC on 1st May 2008

    False, misleading, contradictory information are being provided to applicants on aforesaidreport through RTI process that started in June 2008. Longest RTI process in Jharkhand isgoing on till today.

    Inputs provided in governments affidavit submitted to NHRC is baseless, incorrectcontradictory, irrelevant and was prepared violating the set norms of government protocol

    Not a single case of silicosis is referred to Regional Occupational Health Centre, Kolkata(Regional Centre of NIOH, Govt. of India).

    No response from the government till end of 2010 to conduct investigation by the NIOHROHC, Kolkata, ITRC, Lucknow setting up of ODDC ( Occupational Disease DiagnosisCentre ) at ESI and Government Hospital and form a committee.

    6. SOME MORE FACTS RELATED TO GOVERNANCE

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    Lack of monitoring and regulatory agencies, shortage of factory & mines inspectors andcertified surgeons.

    Lack of sense of responsibility and accountability of concerned top government officialsEmpowering and capacity building of the other concerned government personnel and doctorsare not being done.

    Gross negligence towards solving the issue and unfair practices due to the hiddenpressure on the government officials.

    Reluctance in taking adequate measures against corrupt government officials and

    polluting units. Awareness level on environment, health and human rights are very poor.

    7. HARD ICE MELTING PROCESS STARTED IN JHARKHAND

    The Directorate General Health Services, Government of India has requested to Secretary,Health, Jharkhand Government & Mission Director, National Rural Health Mission to takeappropriate action referring our concrete petition to identify and eliminate silicosis fromJharkhand.

    The office of the Chief Minister of Jharkhand has endorsed the Action Plan on SilicosisIdentification & Elimination Plan (prepared by OSHAJ) to Secretary Health Education &Family Welfare to take necessary steps on that.

    A five member separate cell named Occupational Health Hazards Control Cell is formedunder NRHM, it is just initiative which is at the natal stage. A pilot project in one or two districtmay be implemented in Jharkhand on identification and elimination of Silicosis for whichOccupational Disease Diagnosis Centre is suggested to set up in East Singhbhum.

    8. RECOMMENDATIONS

    Occupational Safety & Health Board should be formed in Jharkhand comprising ofhealth, labour, JSPCB and Concerned NGO financially supported by the government.\

    Functioning of separate cell under NRHM or state health department should bestarted. The name of the cell/department and programme may be Occupational HealthHazards Control Cell.

    Introduction of special courses of Environment & Occupational Health for the Junior Doctorsand interns which has to be initiated by the state government

    Immediate recruitment of certified surgeons, radiologists and chest specialists and theircapacity building to be done for diagnosing cases of pneumoconiosis by ILO classification ofX-Ray plates, data interpretation of spyrometry test.

    Training arrangement to be made for the doctors on dust diseases as per WHO & ILOstandard.

    State government must have a legislation to appoint certified surgeons mandatory by thepolluting units or group of small units to certify the cases of dust diseases as and whenrequired.

    Silicosis-Hard Ice of Governance That Started Melting in Jharkhand- By Samit Kumar Carr, Secretary General, OSHAJ 4

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    Develop link with the Regional Occupational Health Centre Kolkata for conducting study inhazardous area to know the exact status of concentration of silica or dust containing SIO3,crysobolatae ot Tripoli, asbestos fiber, coal & iron ore dust ( fine blue)etc

    Setting up of the Occupational Disease Diagnosis Centre (OD &DC) at district level ESIgovernment hospitals and NRHM centers at different location.

    Collaborate with the NGOs and labour support group to start and run ODDC

    Formation of stakeholders committee comprising concerned government departmentsNGOs, CBOs, District, Panchayat & village headman and representatives of Anganwarstaffs.

    Preparation of statewide inventory of hazardous units and dust affected persons andsimultaneously medical surveillances of the dust affected persons that are to be continuedfor a reasonable period.

    Engagement of IMA, NGOs, CBOs as per their capacities for some of the previouslymentioned work.

    A study and survey should be conducted in all mineral bearing and mining areas ofJharkhand to make state wide inventory of dust disease victims to asses the current statusA simultaneous process should be there to bring those victims for medical surveillances (X-Ray with 300 MA machine and lung function test) to identify the pneumoconiosis affectedpersons to notify district administration for rehabilitation and compensation for them.

    A joint government committee should be formed under the Chief Secretary of Jharkhandcomprising Health, labour and environment department of Jharkhand for continuingpneumoconiosis elimination program smoothly.

    A monitoring committee should be formed comprising public representatives IMA, NGOsCBOs, Trade Unions and Human Rights groups.

    A new expert committee should be formed incorporating experts from mining areas.

    Labour recruitments to be done through village panchayat and in urban areas throughemployment exchange/notified area committee to have list/data base of the workers workingin different silica, iron and coal dust polluting units and sponge iron plants.

    9. CONCLUSION

    Silicosis is a widespread disease and urgent action is required. Government has torecognize this existence of debilitating occupational diseases and joining hands with civisociety actors to arrest the spread of this disease, which kills many. Existing legislation andrecommendations (except point no 10) of NHRC to be implemented effectively and industrycompliance has to be vigorously monitored. Formation and functioning of separate cell underNRHM or state health department should be started. The name of the cell/department andprogramme may be Occupational Health Hazards Control Cell.

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    Thank you

    Silicosis-Hard Ice of Governance That Started Melting in Jharkhand- By Samit Kumar Carr, Secretary General, OSHAJ 6