Do not breathe easy on the silicosis prevention policy
Long before COVID-19 hit, countless workers engaged in mines, construction and factories in India were silently dying of exposure to dust, utmost exploitation and apathy. They continue to do so.
Silicosis is part of the pneumoconiosis family of diseases, described by the policy as “occupational diseases due to dust exposure. It is incurable, cause permanent disability and are ‘totally preventable by available control measures and technology’ (emphasis added)”.
Laws for silicosis
Rajasthan was the first state to notify silicosis as an ‘epidemic’ in 2015, under the Rajasthan Epidemic Diseases Act, 1957.
In 2019, it announced a formal Pneumoconiosis Policy, next to Haryana.
A ‘silicosis portal’ was hosted by the Department of Social Justice and Empowerment and a system of worker self-registration, diagnosis through district-level pneumoconiosis boards and compensation from the District Mineral Foundation Trust (DMFT) funds to which mine owners contribute, was put in place.
Silicosis
- Silicosis is one of the most important occupational health illnesses in the world.
- It is a progressive lung disease caused by inhalation of silica over a long period of time.
- It is characterized by shortness of breath, cough, fever, and bluish skin.
- It occurs most commonly as an occupational disease in people working in the quarrying, manufacturing, and building construction industries.
Issues Pertaining with Silicosis
1. Less Diagnosis of Cases
- In the mining sector, none of the silicosis cases has been diagnosed and notified by mine owners or reported by the examining doctors to the Directorate General of Mines Safety (DGMS).
- Only 10%-20% of the over 33,100 mining leases and quarry licences are DGMS-registered.
2. Inhuman Cycle
- The present system is designed to ‘consume’ the worker and dispense with him with a small compensation while the mine owner sits back and continues to hire the next able worker.
3. Labour Code Dilutions
Section 6 and section 20 of the Occupational Safety, Health and Working Conditions (OSHWC) Code, 2020 are severely diluted from the Mines Act provisions Act 7952.
- Section 6 of the Code fixes an age floor of 45 years for workers in all establishments to be eligible for these health checks, is an anomaly.
- Section 20 places no obligation on the mine owner to provide any form of rehabilitation in terms of alternative employment in the mine, or payment of a disability allowance for a worker found medically unfit.
4. Unemployment
- A medically unfit worker is expected to leave the job and fend for themselves on the compensation of ₹3 lakh provided in Rajasthan from the DMFT.
5. Underutilization of Funds
- The DMFT funds are both underutilized and spent in an entirely ad hoc manner.
- As per the Centre for Science and Environment report, Rajasthan had ₹3,514 crore under DMFTs in 2020 of which only approximately ₹750 crore was spent.
Suggestions
State governments need to focus on the dreadful regressions and use their powers to contain the damage.
- Rajasthan could lead the way by establishing a robust system of preventive annual health checks as a regulator of the silicosis prevention plan.
More number of cases should be notified to DGMS.
- It would shift the paradigm from compensation to prevention, and fix the responsibility on mine owners, who continue to slip away despite violating safety and preventive protocols.
Way Forward:
1. District-wise health surveys
- The related State departments, with the DGMS, must draw up detailed guidelines for district-wise health surveys.
- The State rules under the OSHWC Code must take care to ensure the health checks are provided to all workers in all establishments, irrespective of age.
- The State Advisory Board along with technical committees, must be constituted, with workers and their representatives.
2. Incentives to Manufacturers
- The local manufacturers must be incentivised to innovate and develop low-cost dust-suppressant and wet-drilling mechanisms that should be subsidized and provided free of cost to the mine owners.
- Existing prototypes must be tested and scaled up.
3. Utilisation of Funds
- The misallocation of the DMFT funds for non-mineworker-related expenditure must be replaced by a streamlined and accountable system for the direct benefit of mineworkers under clearly defined budget heads like prevention compensation, solatium, administrative expenses etc.
4. Role of DGMS:
- The DGMS, must act against mine owners if it knows who they are, and in turn, whom they employ as per the OSWHC code;
- Section 6 of the Code makes it mandatory for all employers to provide annual health checks free of cost.
- Section 20 gives powers to the DGMS to conduct health and occupational surveys in mines.
A systematic identification ultimately lies in the hands of the authorities and their will to enforce the law in this regard and a rising among the workers for their rights. No more time should be wasted in bringing prevention to the heart of the pneumoconiosis policy. The Government of India need strict policies and framework to reduce and prevent the impact of Silicosis.
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