Dear All,
I mention below my presentation before NHRC on Jharkhand,
Thanks & Regards,
Samit Kumar Carr,
Secreatry General,
OSHAJ
For Prevention of Lethal Diseases
Cover & Content
Letter of attendance
1.0 OSHAJ’s perspective on pneumoconiosis
2.0 Our observations
3.0 Our intervention
Annexure I
(i) List of Affected Workers (AMO/252 diagnosis report, ESI, West Bengal)
(ii) Letter No. 418/27.04.2005
(iii) Other Correspondance with Government of Jharkhand
(iv) Press clippings
Annexure II – Industrial Development in Jharkhand
1.Perspective of OSHAJ on Occupational Dust Disease (Pneumoconiosis)
The history of mining of minerals and processing in Jharkhand India is more
than two hundred years old. The long history of mining has meant widespread
mineral extraction in the state and hence bringing population in direct
influence of mining, the impacts of which are visible. The environmental
impacts are interrelated with socio-economic, health and rights issues.
Why Pneumoconiosis?
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.
It is an irony that many workers are affected and many of them have died due to
the following occupational dust diseases though there is no database or case
history.
Source Occupational Disease
Silica Silicosis
Iron Dust Siderosis
Asbestos Asbestosis
Coal Coal Worker Pneumoconiosis
Berilium Beriliosis
In present time we find there are lots of silicosis victims who are diagnosed
as TB patients and there is no proper policy to prevent these occupational
diseases especially in unorganized sectors and stone crushers in rural areas.
It is also observed that the workers working in units producing rainmass out of
quartz stone in modern industrial belt are found affected with silicosis.
Our observation on dust diseases
Observation #1# Violation of Acts and Rules
Most of the plants are situated within the vicinity of 100-200 meters of nearby
residential areas, which is in gross violation of siting guideline of Central
Pollution Control Board of Government of India.
No proper engineering devices or dust control/collector systems are installed
to control the dust pollution, as it is the violation of pollution prevention
guideline of CPCB. If the pollution control devices are installed those are not
operated in order to save (make more profit) electrical running cost against
the lives of the labourer who normally belong to tribe, dalit, OBCs and Muslims
minority community.
The factory owner/company do not provide them with employment letter, job card,
master role, free medical care and treatment, good quality safety items like
gloves, boot, face mask and there is no proper pollution control equipment to
check environmental degradation and to provide safe working condition as to
maintain occupational safety and health of the workers. The routine medical
check up is not done. These are the violation of Standing Order Act 1946 and
section 40(20) of Factory Act 1948.
The company did not pay the compensation amount as per the Workman Compensation
Act 1923, which is again a violation of the Act. The issue of compensation for
the silicosis death is not merely a case of violation of the factory Act or
Workmen’s Compensation Act etc but it is a cognizable crime as gross human
rights violation and the so the compensation amount is to be fixed on that
perspective.
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.
Observation #2#
The company violated all these Acts and Rules and compelled the workers to be
in a death trap like unsafe working condition instead of maintaining the rules
to keep the worker healthy for their earnings for them and their family.
Observation #3#
After the death of the workers, the children, wife and the parents became
hapless and helpless who need options of livelihood, education for the children
and health care for all-in the form of social security and compensation and
rehabilitation against the occupational death of the workers which is generally
denied by not diagnosing by the doctors and not functioning by the offices
concerned government’s departments and also by delaying justice to the victims
and their families. But there is rare exception also.
The case to highlight the impacts of silicosis is being discussed here and the
extent of issue is much larger than a particular case like the one discussed
but there are several other industries. In Jharkhand a panel of state
government doctors had diagnosed eight workers of K. K. Minerals in April 2005
and come out with a report that the death occurred due to silicosis and latter
that report was endorsed by the Civil Surgeon. Then it was submitted to the
Deputy Commissioner, East Singhbhum but no action has been taken by the local
administrator to compensate and rehabilitate the silicosis victims and the
deceased’s family. The said factory is continuing production though it is
officially closed . This is only a case study to indicate the impacts of
silicosis where 21 workers died in a period of 7 years and another 8 people
still suffer from silicosis. Given the large number of leases and industries in
the state of Jharkhand, one can imagine the fate
if the same trends continue.
Observation #4#
The workers did not get justice due to the indifferent attitude of the
concerned government officials and other rule enforcing agencies and the only
profit motive of the industrial sector.
Therefore we raise the following demands to make a safe and pollution free
working condition in the factory or in any work place that is compatible for
the workers and environment.
• A National Policy on Pneumoconiosis (or occupational diseases) to be
formulated.
• National Occupational Safety & Health Commission (or it may also be
part of the NHRC) to be formed with its state chapters which will work as an
autonomous body and the government will be bound to implement the commission’s
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.
• Formulation of OSH and labour laws or extension of the existing laws
and acts for the unorganized sectors as part of social security.
• Formation of OSH committee at every workplace.
• 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.
• Occupational disease diagnosis centre including X-Ray and lung function
test units should be opened atleast at the subdivision and district level
hospital(s) as the mining and its processing are rampant in metallic and non
metallic mineral bearing areas of Jharkhand and India as well.
• A fact-finding to be carried out at government’s initiative by the
government’s institutions like NIOH (National Institute of Occupational Health,
Kolkata) and ITRC (Indian Toxic Research Centre, Lucknow) and ESI, Belur
Hospital to create a database of pneumoconiosis victims.
• 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. Also the government must have the statutory obligation and
responsibilities for the workers of informal and unorganized sectors.
• The government should undertake awareness building program among the
workers on OSH and their rights and to develop mechanism to work jointly with
the trade unions and NGOs.
• OSH should be included in collective bargaining process.
• It should be mandatory to have an OSH indicator in the EIA (Environment
Impact Assessment) report for the proposed project of mines and industry.
• Annexure - II
Industrial Development in Jharkhand
BACKGROUND SUMMARY
Jharkhand is one of the mineral rich states in the country and contributes
substantially to the country’s mineral wealth. The bordering districts sharing
state boundaries of Jharkhand, Orissa, Chattisgarh and West Bengal are the part
of a common cultural region with significant major tribal population and with
other tribal districts. Pre-Cambrian rocks (older than 600 Million Years)
underlie nearly three fourth of Jharkhand in a contiguous region with adjoining
states. These pre-Cambrian geological formations harbour many metallic and non
metallic minerals including coal, iron, chromites, uranium, gold, manganese,
bauxite, vanadium, dolomite, china clay, granite, asbestos and many more as
basic rocks, intrusives and as hydrothermal deposits. The relatively high
proportion of mineral wealth of the state is evident as it has about 80% of the
coal & 100% of the cocking coal, 50% of the bauxite and epetite, 40% of the
iron and 95% of the kainite resources
in India. Besides these, the existence of Gondwana sequences in the same
region provide for some of the large coal deposits. Thus the energy intensive
metal industry thrives with abundant amount fuel resources from adjoining
regions. These contiguous mines areas have become zone of conflict,
particularly between the current proponents of the liberalisation –
privitisation – globalisation regime and the proponents what could be called
the post-modern ecological and social sustainability seeking social and ethnic
diversity and ecological harmony.
MINERAL DEPOSITS IN JHARKHAND
FIGURE 1 MINERAL MAP OF JHARKHAND
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
District-wise Stone Crushers and Lease Area
S.No. District Data of JSPCB No. of leases Area under the lease
(hect.) No. of stone crushers
1. West Singhbhum 129 18 47.17 15
2. East Singhbhum 8 139 495.46 48
3. Deoghar 69 103 297.14 61
4. Dhumka 21 195 454.34 55
5 Guidda 10 55 120.80 12
6. Jamthada 32 35 78.14 16
7. Pakuda 124 536 2247.10 243
8 Sahibgang 125 264 1460.07 211
9. Hazaribagh 74 104 311.24 112
10. Bokaro 9 78 165.58 30
11 Dhanbad 106 213 579.67 81
12. Ranchi 32 384 854.39 110
13. Palamu 40 54 79.80 96
14. Latehara 3 16 31.04 9
15. Gadva 11 23 34.35 38
16. Lohardaga 10 48 78.80 14
17. Gumla 43 59 82.18 13
18. Saraikela-kharsawa 110 132 420.35 70
19. Giridih 71 - - -
20. Kodarma 25 145 338.00 178
21. Simdega - 26 46.81 0
22 Chatra - 9 7.72 15
TOTAL 1050 2717 8425.90 1468
Note: There is a difference between the data of the State Mines & Geology
Department and the Jharkhand Pollution Control Board.
Apart from this there are 129 iron-ore crushers and 5 rainmass (quartz stone
dust) producing units. During the production process the crushers produce a lot
of Suspended Particulate Matter (SPM) & Respiratory Suspended Particulate
Matter (RSPM). Most of the crushers & plants have been set up in direct
violation of the sitting guidelines of the CPCB. As per the rules the crushers
have to set up at least 500 meters away from the forest area, 1000 meters from
the residential area and 100 meters from the State Highway. But there are 59
crushers on the Ranchi-Jamsedpur highway and there are also sponge iron plants,
which have been set up violating the guidelines.
Sponge Iron Plants – Operational Realities
In the past 5 years almost 500 sponge iron units have been set up in Jharkhand
and Orissa. In 2001, India was the third largest sponge iron producing country
and now it is placed at the first place because the developed countries do not
use this industrial process of producing iron as it is not environmentally
sound. In under developed and poor countries, this technology is being widely
used by industries. In the World 90% of the iron ore production is Gas based
and only 10% is done by Coal. But in India 75% of the iron ore production is
based on coal. A large quantity of ash and coal dust is emitted from these
units, which is very dangerous for the environment. Cadmium, Nickle, Hexavalent
Chromium, Manganese, Sulphur Dioxide, Nitrogen dioxide, Hyrodgen sulphide and
nitrogen sulphide are emitted during production. Most of the plants do not run
the pollution control equipment like Electrostatic precipitator (ESP) and BAG
filters (DE systems) in order to
save the O&M costs. But this has implications over the local environment and
the health of the people living in the vicinity of the plant. Sponge iron based
dust related disease is called ‘Sederosis’. The experience of Orissa tells us
that a worker who has worker for 5 years has died because of the disease.
Annexure I
List of the victims who worked for K K Minerals K. K. Sales and have been
suffering
S No. Name of the diseased workers Village/
Block Work period Age at the time of leaving the job Marital
status Diagnosed/
Treatment by Diagnosis Report
01 Paran Murmu Terenga 3yrs
Yes Dr.T. K. Mohanty & AMO, E.S.I (MB) West Bengal Silicosis &
Silico-Tuberculosis
02 Taramoni Karmakar Terenga 2yrs Yes Do
Silicosis & Silico-Tuberculosis
03 Md. Rafik ( Pappu) Musaboni 1 2yrs 22yrs Yes Do
PMF
04 Karmi Hansda Badia 7yrs 42yrs Yes Do Silicosis &
Silico-Tuberculosis
05 Joba Hansda Jadugora, Dumuria 2 yrs Local
nursing Home To be investigated
06 Baso Hansda Badia, Musaboni 4yrs 45yrs Yes Dr.T. K.
Mohanty & AMO, E.S.I (MB) West Bengal Silicosis & Silico-Tuberculosis
07 Mono Karmakar** Terenga Yes Do Silicosis &
Silico-Tuberculosis
** Mono Karmakar did not work in the said company but he stays behind the
factory & his statement reveals that he inhales dust while wind blows towards
south of the factory and his treating doctor in Jhargram West Bengal have asked
him about his occupation. He might be a dust-affected patient.
The victims who worked for K. K. Mineral/ K. K. Sales and died
Sl. No Name of the Deceased Workers Village Work
Period Date of Death Age
At time of
Death Marital
Status Diagnosed/
Treatment by Diagnosis Report
01 Badal Soren Taldih, Terenga 2 yrs 23.11.2002 28 yrs Yes
Local Nursing Home
02 Pradhan Hembrom Khariadih, Terenga 2 yrs 14.05.2003 27 yrs
Yes Do
03 Kartik(Kalu) Khuntia Purnapani, Terenga 3 yrs 07.11.2003
40 yrs Yes Local Nursing Home Silicosis
04 Mrigen Pator Kendadih 3 yrs 01.12.2004 24 yrs Yes
Local nursing Home Silicosis
05 Sudhir Soren Khariadih, Terenga 5yrs 12.02.2004 35 yrs
Yes Dr T K Joshi Silicosis*
06 Sachin Pator Kendadih 2 yrs 09.04.2005 33 yrs Yes
Dr. T. K Joshi Silicosis*
07 Bir Bahadur Musaboni 2 5 yrs 11.04.2005 32 yrs Yes
Govt. Doctors & Dr. T. K. Joshi Silicosis*
08 Chinta Karmakar Terenga 5 yrs 30.04.2005 36 yrs Yes
Dr T K Joshi/Dr. T. K. Mohanty Silicosis*
09 Thakur Hembrom Terenga 5 yrs 09.05.2005 34 yrs Yes Govt.
Doctors PMF*
10 Sekh Salauddin Musaboni 1 3 yrs 25.09.2005 47 yrs Yes
Govt. Doctors & Dr T. K Mohanty Silicosis*
11 Narbahadur Sonar Rangamatia,Musaboni 3 yrs 08.06.2005
42 yrs Yes Govt.Doctors
& AMO, E.S.I, West Bengal Silicosis*
12 Suk Ram Gope Terenga
3 yrs 11.12.2005 35 yrs Yes Govt.Doctors &
Dr. T. K. Joshi Silicosis*
13 Rohin Pator Terenga 4 yrs 13.12.2005 31 yrs Govt.
Doctors Silicosis & Silico- Tuberculosis
14 Suru Pator Terenga 2 yrs 13.01.2006 19 yrs
Govt.Doctors Silicosis*
15 Sona Karmakar Banalopa, Musaboni 7yrs 30.03.2006 37 yrs
Yes Local Nursing Home Silicosis
16 Soma Munda Janegora, Kendadih 5 yrs 06.07.2006 38 yrs
Yes Local Nursing Home Silicosis
17 Sujit Giri Musaboni 1 3 yrs 09.07.2006 34 yrs Yes
Dr.T.K .Mohanty Silicosis
18 Ahi Ram Hansda Terenga 2 yrs 18.09.2006 37 yrs Yes Govt.
Doctors Silicosis
19 Sasti Das Kendadih 3 yrs 25.10.2006 27 yrs Yes
Dr TK Joshi&
Dr.TK Mohanty Silicosis*
20 Mangal Kisku Terenga 2 ½ yrs 26.10.2006 33 yrs Yes Govt.
Doctors
& Dr T. K Joshi PMF*
21 Md.Rahaman Musaboni 1 3 yrs 03.08.2007 33 yrs Yes
Dr T K Mohanty Silicosis
Note* * marked are already diagnosed as silicosis victims but ILO rating of the
chest x-ray to be done by the panel of the doctors.
