ACTION TAKEN BY STATE OF
CHHATTISGARH
ON NHRC RECOMMENDATIONS FOR
SILICOSIS
Preventive Measures:
NHRC RECOMMENDATION 1• The occupational health survey and dust
survey on half yearly basis may be made
mandatory in suspected hazardous industries.
All the enrolled workers must be medically
examined before entering into the
employment. The workers should be clinically
examined with Chest radiography and
pulmonary function test to rule out any
respiratory disorder.
• Occupational health survey in suspected
hazardous industries is carried out by two
doctors/medical inspector of factories posted
as assistant director (medical) under
directorate of industrial health and safety.
• These medical inspector of factories carry out
inspection of hazardous industries to check
the status of health related facilities as per
The Factories Act 1948 and CG Factories Rules
1962.
• These doctors also screen the x-ray and lung
function test reports of workers for detection
of any occupational lung disease including
silicosis.
• Exercising the power conferred to the state
government by section 112 of The Factories Act
1948, the state government has amended the
form -21 (health register) prescribed under rule
19 of CG Factories Rules 1962,by addition of the
proforma for pre employment medical
examination and periodic medical examination
for workers working in hazardous factories
(under sec 2cb & schedule 1 of the factories act
1948) and dangerous operations (under rule 107
of CG factories rules 1962).
• Under pre- employment examination and
periodic medical examinations, x-ray(once in 3
yrs) and yearly lung function test is made
mandatory for every worker working in suspected
hazardous industries by the state government
• In Chhattisgarh some Stone crushers are
notified as factories under section 85 of the
factories act 1948. Section 85 of the factories
act gives the power to state government to
apply the act to certain premises, which are
otherwise not covered in the factories act.
After a place is so declared, it shall be deemed
as a factory for the purposes of this act.
• Its main advantage is that we can regulate
the working conditions and can apply the
provisions of the factories act 1948 regarding
health to silicosis prone premises like stone
crushers.
• The state industrial hygiene laboratory is
currently working under the guidance of
experts from REGIONAL LABOUR INSTITUTE,
KANPUR for procuring the necessary
equipments and training for conducting
occupational dust surveys.
• By the end of 2014 the state industrial hygiene
laboratory shall commence conducting
occupational dust surveys in suspected
hazardous industries.
Preventive Measures:
NHRC RECOMMENDATION 2State/UT government should encourage
development and promotion of various costeffective engineering control measures to
manage silica dust through surveillance of
processes or operations where silica is
involved.
• State is committed to promote cost effective
engineering control measures to manage silica
dust if developed or suggested by appropriate
authorities.(central government , DGFASLI
etc.)
Preventive Measures:
NHRC RECOMMENDATION 3Implementation of precautionary measures
including the protective gears for the workers of
silicosis prone industries may make mandatory by
the concerned enforcement authorities.
• Use of personal protective equipments by
workers working in silicosis prone industries is
mandatory under rule 73 and schedule 27(point
12) in rule 107 of CG factories rules 1962, and is
continuously monitored by inspectors of factories
in their respective areas.
Preventive Measures:
NHRC RECOMMENDATION 4Dust control devices should be installed to
reduce the dust generation at the workplace.
National Institute of Occupational Health
(NIOH) has developed control devices for
agate, grinding and quarts crushing industries
based on the principle of local exhaust
ventilation. The use of wet drilling and dust
extractors may be enforced by respective
regulatory authorities.
• This will be enforced by the state government
in near future.
Preventive Measures:
NHRC RECOMMENDATION 5The workers vulnerable to silicosis need to be
made aware of the disease through wide
publicity campaigns with the use of electronic
and print media. This will also improve self
responding of cases and facilitate early detection.
The state government is planning for publicity
campaigns for the workers vulnerable to silicosis
for creating awareness of the disease among
them. It will be done in near future.
Preventive Measures:
NHRC RECOMMENDATION 6Silicosis is a notified disease under Mine Act 1952 and
the factories Act 1948. Silicosis may also be made a
notifiable disease under the Public health Act. As such
all district/primary health centers /hospitals in the
country will have to report the cases/suspected cases
of silicosis to the Government.
Central government can add silicosis as notifiable
disease in model public health act and accordingly
states can follow.
Preventive Measures:
NHRC RECOMMENDATION 7There is a necessity to develop Master Trainers to
impart
training
to
all
public
health
doctors/paramedics for early diagnosis and
detection of silicosis.
The medical inspector of factories are giving
training to factory medical officers (in ILO
radiographs , lung function tests) for early
diagnosis and detection of silicosis. We are also
planning a training programme regarding silicosis
for all public health doctors.
Government is sending ESI services doctors for
AFIH course to develop them as master trainers
for training public health doctors regarding early
diagnosis and detection of silicosis.
Preventive Measures:
NHRC RECOMMENDATION 8Less hazardous substitutes to silica should be
found out for use in place of silica.
• State is committed to encourage less
hazardous substitutes to silica if suggested by
appropriate authority (central government ,
DGFASLI)
Preventive Measures:
NHRC RECOMMENDATION 9Industrial units which are silica prone should have
an Occupational Health and Safety Committees
(OHSC) with the representation from workers and
Health Care Providers.
• Silica prone industrial units with more than 250
workers have Occupational Health and Safety
Committees (OHSC) with the representation from
workers and Health Care Providers under rule
73(i) of CG factories rule 1962.
Preventive Measures:
NHRC RECOMMENDATION 10Silicosis control programme should be
integrated with already existing Revised
National Tuberculosis Control Programme
(RNTCP).
• Action to be taken by central government.
Preventive Measures:
NHRC RECOMMENDATION 11A mechanism to have inter sectoral coordination
among departments such as Ministry of Health &
Family Welfare, Ministry of Labour Employment,
Directorate General of Factory Advice Services
Labour
Institute,
National
Institute
of
Occupational Health, Tuberculosis Association of
India and civil society organizations to evolve an
appropriate strategy to deal with the dual
problems of silicosis and tuberculosis may be set
up at the center and state level.
• Action to be taken by central government.
Remedial Measures
NHRC RECOMMENDATION 1In each of the district where silicosis prone industry,
quarrying or a big construction projects are on, there is
a need to identify a facility for diagnosis of silicosis.
• In exercise of the powers conferred by sub section 1 of
section 90 of the Factories Act., 1948 the state
Government, declared chest & TB (pulmonary
medicine) specialist & radiologist medical officers of
the district hospitals
and medical colleges as
competent person for the purpose of conformation of
suspected cases of silicosis.
• Therefore district hospitals and medical colleges in
Chhattisgarh are identified as center for diagnosis of
silicosis.
Remedial Measures
NHRC RECOMMENDATION 2The District Tuberculosis Officer must collect
and maintain accurate information and
documentation on number of workplaces and
workers at risk from silica exposure.
• This will be done by the state government in
near future.
Remedial Measures
NHRC RECOMMENDATION 3The accountability for the implementation
and control over the rules & regulation of
Laws must be reviewed time to time.
• State government is committed to the
accountability for the implementation and
control over the rules .For this periodic review
meetings of inspector of factories is being
carried out by Labour department.
Remedial Measures
NHRC RECOMMENDATION 4The National/State Social Security Board set up
under The Unorganized Worker's Social Security
Act, 2008 should recommend welfare schemes to
be formulated for the welfare of the unorganized
workers who are at the risk of contracting silicosis
as well as those already affected and their
families.
• Chhattisgarh State Social Security Board and CG
BOCW Board already have “gambheer beemari
sahayata yojna”. The process of including silicosis
in above scheme has been initiated.
Remedial Measures
NHRC RECOMMENDATION 5The Central Government may consider
extending the Rashtriya Swasthya Bima Yojna,
a health insurance scheme for BPL families
and extended subsequently to some other
vulnerable groups, to workers at risk of
contracting silicosis and their families.
Action to be taken by central government.
Rehabilitative Measures
NHRC RECOMMENDATION 1The treatment cost of the silica affected
person including permanent, temporary or
contractual worker should be borne by the
employer. The district administrative should
ensure its implementation and treatment.
• Currently the treatment is free of cost for
workers covered under ESI scheme. For
silicosis affected persons not covered under
ESI scheme state government will issue the
guidelines in near future.
Rehabilitative Measures
NHRC RECOMMENDATION 2The victims of silicosis should be rehabilitated
by offering an alternative job or a sustenance
pension if they are unable to work.
• Currently no worker with silicosis disease is
found in Chhattisgarh state. Government will
issue guidelines regarding rehabilitation of
silicosis affected persons by offering an
alternative job or a sustenance pension if they
are unable to work in near future.
Rehabilitative Measures
NHRC RECOMMENDATION 3NGOs should be involved in monitoring and
implementation of the programmes initiated
for the benefit of silica exposed workers.
• State government is ready to involve
interested NGOs for monitoring and
implementation of the programmes initiated
for the benefit of silica exposed workers.
Rehabilitative Measures
NHRC RECOMMENDATION 4Appropriate Counseling should be provided to
the person affected by silicosis.
• Currently no worker with silicosis disease is
found in Chhattisgarh state. State government
is ready to provide appropriate Counseling to
the person affected by silicosis.
Compensation
NHRC RECOMMENDATION 1The silica affected person
adequately compensated.
should
be
• State government is ready to adopt
compensation process decided by appropriate
authority.
Compensation
NHRC RECOMMENDATION 2Silicosis is a compensable injury enlisted under
the ESI Act and the Workmen's' Compensation
Act. Therefore a separate Silicosis Board similar to
the one set up by the Government of Orissa may
be formed in every State. The guidelines and
model calculation of compensation may be
framed under the ESI Act and the Workmen's
Compensation Act.
• The state government will form a separate
silicosis board in near future.
Compensation
NHRC RECOMMENDATION 3• The Board can carry out surveillance of silicosis
cases and assessment of disability/loss of earning
capacity resulting from the diseases for the
purpose of compensation and rehabilitation.
• The state government will form a separate
silicosis board and include surveillance of silicosis
cases and assessment of disability/loss of earning
capacity resulting from the diseases for the
purpose of compensation and rehabilitation as its
function in near future.
Compensation
NHRC RECOMMENDATION 4The compensation could be calculated based
on Disability Adjusted Life Year (DALY)
developed by World Health Organisation.
• State government is ready to adopt
compensation process decided by appropriate
authority (central government & DGFASLI).