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We have 1 guest online| Seminar organised by PTRC on 28th April |
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| Tuesday, 06 May 2008 | |
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At the out set, Jagdish Patel appealed all participants to observed two minute silence to mourn deaths of workers who died either in accidents at work or of occupational diseases. Purshottam Panchal, President, GRNS welcomed guests then offering flowers. Jagdish Patel initiated discussion on the theme. Presenting his experiences he said, diagnosis is first and foremost in the struggle of compensation for Occupational Diseases (ODs). In areas like Khambhat where Agate workers are dieing of silicosis since last more than 50 years, Government doctors are unable to diagnose silicosis even today. In CHC, they refuse taking X-ray under pretext that either X-ray machine is under repair, there are no X-ray plates, X-ray technician is not appointed or is on leave etc. The doctors TB Centre refuse diagnosis saying they have no ‘power’ to make diagnosis. They would test sputum and if, negative, would say, you have no TB. When patient tries to know, Doctor, then what I am suffering from, doctor would say, I do not know. When insisted, patient would be referred either to CHC or Civil Hospital, Ahemedabad. Workers basically visit these centers to get relief. They are not inclined to visit Ahemedabad for want of money as well as physical disability.Of course, our experience with Dahod TB Center is entirely different. They did everything they can, to arrive at logical conclusion. They took help of NIOH in their pursuit. Last October, State Health department organized camp at Zalod for diagnosis of Silicosis. More than115 ex-workers of stone crushing units attended the camp. It is more than 6 months now, but the diagnosis has not been declared by NIOH. Question, here is why do the State Government depend upon NIOH? Though we have so many Medical colleges in the State, why does not the State Govt find a single doctor who can make diagnosis of silicosis? In Khambhat Agate workers affected by Silicosis do not claim compensation as the employer-employee relationship is not well established. In such situation, role of Sate Labor department becomes very important. Labor department should find solution to this problem by mediating between employers and employees. These workers are even denied insurance under Janashri Insurance scheme. Victims of Silicosis go hungry and we have to arrange to supply them food. Workers should be saved from such tragic situation at the earliest. We strongly feel that society has a moral responsibility to protect those who want to earn their living by putting their honest labor and not by looting. Under Workmen Compensation Act, workers do not dare to claim compensation as they are afraid of being kicked out. Those who dare, despite threats, do not get their claim despite Court orders in their favor. Recently, English daily carried a story in which the claimant and opponents- both have died but the claimant have not received the amount ordered by Court. Workers in Zalod were covered by Employees State Insurance Act. But the employers did not issue them ESI Cards. Who is responsible for that? ESI Corporation or Employers? Employers tend to show lesser attendance in their record so as to pay lesser contribution to ESIC. Now when workers claim compensation, they are told by ESIC that since you have attendance less than 6 months, you do not qualify to claim compensation. Question, is how can one get silicosis, if one has not worked for less than 6 months? If we believe records of employers, eve then, workers should be compensated because ESIC Board, resolved, way back in 1992, that in case of silicosis, minimum qualifying period should not be adhered. Still they are deprived of their legal rights. In Medical Appeal Tribunal in Baorda, panel of judges has not been made since last so many years. As a result large numbers of appeals are pending for hearing. Some claimants have already died. There is no provision in the act for the family to continue the claims, if claimant has died. One of the claimants is present here who contracted nasal septum perforation following exposure to chromium at work. ESIC Special Medical Board examined him and reported and decided that though you have septum perforation, that does not amount to any disability. Some of his colleagues have been offered some compensation, but others were not. They have either double standards for deciding disability or they have no standards at all. In their Special Medical Board they have only medical experts. I suggest, they should include Lawyers and social scientists so that proper assessment of loss in earning capacity in labor market can be assessed. The workers with septum perforation have been denied employment by other employers when they come to know that they have perforation in nose. Another worker who had problem with hearing was diagnosed as Noise induced hearing loss by ENT expert of ESI Hospital inboard. He then applied for compensation. The local office did not move his application, claiming the employer is not cooperating in divulging information required to process the claim. Worker then moved to ESI court. After hearing the plea fro one and half year, the Court passed an order on 21-09-06 asking ESIC to get the worker examined by Medical Board and pay compensation within one month. It is one and half year now but ESIC has not implemented the order. Upon inquiry we were told that it is costly affair to organize Special Medical Board and so for few workers, we can not afford doing that. Let some cases pile yup, then we will do that. Now, why do they want experts from Delhi or other places to fly? There are adequate umber of Occupational Health experts available in Baroda itself whom they can appoint. The ESI Act is silent on the period within which the claim should be processed. The Act is, though clear, that the compensation is payable from the date of confirmation by Medical Board. So, ESIC would organize Board after two years from the claim and so worker would loss his amount for two years. This should change. Raghunath Manvar of Occupational health and Safety Association complained that we have encouraged 14 workers to make their claims but ESIC is not organizing Special Medical Board for them though ESIC has accumulated large sum of money from workers as insurance contribution. In Ahemedabad, Torrent power plant has kicked off 400 contract workers of total 700 contract workers. These workers suffer from various occupational illnesses but they are not compensated. ESIS dispensary in Sabarmati area has been renovated by Torrent Power plant. Now the company doctor visits the dispensary in the evening to keep track of the workers visiting dispensary. The workers from power plant visiting the dispensary are scared by the doctor and advised no to visit ESI. Why should ESIC accept any financial help from Corporate at all when they have enough money with them? In Surat even small children are employed in power looms where they are exposed to excessive noise. Who will look after these workers? I suggest Government to open OPD for Occupational Health in Civil hospitals in all major cities. Mr. Vithalani, Trade Unionist from Ahemedabad, bitterly said that after 30 years in this field, I have lost my fait in laws completely. Majority workers are in unorganized sector. They look at Government with great hope and they are disappointed. W C. Act is good piece of legislation but is not implemented well. Bijiyabhai of Parthampur village in Zalod said he has lost his two young sons and a daughter in Silicosis who used to work in Stone crushing units in Godhra. Who will look after me in my old age now? Magan Damor of Kharsana village informed that in his area 6 have died of silicosis and 14 are suffering now. Ramanbhai, a Agate worker also participated to narrate tragedies the Agate workers face. Vishnu Upadhyaya of Gujarat Voluntary Health Association informed that workers in various occupations face several health problems. Government should do some thing to resolve these problems. Jasubhai of GVHA also spoke on the occasion. Naresh Vadodariya, Honorary Secretary of Vadodara Chamber of Commerce and Industries expressed whole hearted support to the cause of both the organizing organizations. He assured that VCCI would spread information through its house magazine. It would also organize joint programs. Officer of Directorate of Industrial Safety& Health, Baroda informed that in Baroda district there are 2409 registered factories in which 82 are identified having potential of major accident Hazard units. In 2007, 16 fatal accidents took place in Baroda district and we have taken legal actions in all. Referring Silicosis, he added that there were 5 identified cases in 2001, 9 in 2004 and 2 in 2007. These all worked in units in Godhra. We have passed on this information to ESIC but they say that since none of them have worked for 6 months, they do not qualify for compensation. Hearing this, Ratudiben widow of Dahru Sadiya who died of Silicosis and who herself also worked in the unit with her husband, responded without losing any time. She lambasted that we have worked for more than 3 years, why then they say that we have not worked less than 6 months? In his address, Hon’ble Principal Secretary said that in 2010 Gujarat will complete 50 years of its existence. We are preparing for celebrations. Director, Ind. safety and Health told me that we can set goal to make the state free of Silicosis and Asbestosis by 2010.he will retire in next June. Though I appreciate his feelings, I feel that decisions should be taken rationally not emotionally. We will have to work hard to meet the set goals. Reviewing state of various labor laws, he said, State has collected cess to the tune of Rs.70 Crore under Construction workers. But till date, not a single construction worker has been benefited. Few days back I read in newspaper that a girl from Madhya Pradesh fell from height during construction and met with serious injuries. She is paraplegic under treatment at Civil Hospital, Ahemedabad. I talked to senior officers of my department. We immediately took actions so that she gets proper treatment and compensation. We registered only 200 construction workers. I have taken charge of this department recently. We have decided to register 100,000 workers in next 3 months. We have Inter State Migrant Workers Act. Large numbers of migrant workers work in Brick kilns all over State. Do our officers go and check whether they are registered under the Act or not, whether there are basic amenities at work like shade or drinking water etc. Salt pan workers are not given identity cards. We have now decided to start disbursing the cards within next 15 days. There is Urban Board of Unorganized workers. But these workers do not get any relief from this Board. There is scheme for the people above age of 65,living under poverty line to pay Rs.400/- each month. 65,000 old people get advantage of this scheme. We want to take this number to 1.4 lakh. Government has sanctioned Rs.100 crore for the welfare of workers to the Industries Ministry. Government has increased the income limit for the disabled to get advantage of the scheme for them from 24,000 to 50,000. Government has recently increased minimum wages of Agriculture workers up to Rs.80/-.Minimum wages of workers in remaining 53 trade will be revised soon. Now the cleaners are included in the list of occupations for deciding minimum wages. I have heard the representations here today. I am in the Committee of ESIC and I shall definitely take up the matter with them. I will be visiting Khambhat and Zalod to get first hand information. I suggest you to organize State level seminar on these issues at Gandhinagar or Ahemedabad so that all concerned departments can discuss together. I firmly believe that the benefits of progress should percolate to the poorest. I appreciate the way in which the victim here responded at once to the Officer. Her words expressed her deep grief. I also appreciate the suggestion for OPD. In post lunch session, ESIC officers Mr. Desai and Mr. Nayar. They assured of quick action in the complaints presented here. Bhrigunsinh of Ankaleshwar also presented his case with the officers. Later, film on Agate workers was screened and film on Silicosis victims in Madhya Pradesh also was screened. 70 delegates including Government officers, victims and voluntary organizations attended the Seminar. 5.4.2008 |
Seminar: Compensation for Occupational Diseases: Issues & Problems| < Prev |
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