Document NeyyvMp1JqezJ3VgDXVM03Vd8

FILE NAME: Z//E DATE:: DOC#: /E DOCUMENT DESCRIPTION:WZZZd< asbestos the dust that kills COUNTERf ACT NO. 5 A CED HEALTH CELL fEATURE JULY 1983 The killer fibre had penetrated the very essence of hie being. His cough was more painful than ever. Esch succeaaive breath was a harshseisr hressdp gtrhipepnedtheyept reavniootuhserovneic, tim"D. eaTthhi'es clutch, asbesto time it was S. Rajegopal, who joined Hindustan Ferado Limited (HfL), ae an operator in the dust-prone breaklining and clutch facing department in 1961. Ten years later the disease struck. The diagnosis pronounced by the Employees State Insurance (E.S.I.) medical team and private practionere was aethama or bronchitis. But a few months later another verdict was delivered by the Sien Hospital authorities - asbestosis. Hie pleas to the management far a thorough medical examin- ation went unheeded for e long time. finally the management decided to refer him to Dr. G.G. Dave, medical inspector of factories, (Maharashtra). Dave's diagnosis was "acute bron- chitis". Unsure of Dave's conclusion, he filed e petition to the Chairman of Turner end Newall (the transnational corporation link inhilBe,rihtaisinh),eaflothr da epterorpioerratmeeddiacnadl sthcereeSnioinngH. osIpnittahle au- meanw thorities edviced immediate treatment. But he resigned from HFL, to collect his gratuity. Why? His wife was ill. Rajagwopreitl lpeefttititohne cwoimthpanthye bBuot mcboayntiHniugehd Ctoourfti,ghtot. seHt e up filed a en ESI medical board.to examine him. The ESI board was co- nstituted and the High Court suspended the writ petition. In a preliminary medical interview with Rejagopal, the newly formed ESI medical board (Coimbatore) consisting of the Dean of the ESI the Coimbatore Medical College, hospital and a cardiac therapy the superintend.i=nt of specialist flatiy ru- led out esvenno mtheentrioemn ootnestthpeoirsspiabritlitoyf othfe asntahtaumrea oorf bhirsonacihli-tis. There ment. wa Rajagopal goes on to say that he even signed the papers 2 they presented to him ruling out asthama or bronchitis. The examination consisting of a chest Xrey and a blood and urine test was completed in September 1982,and Rejagopal watched and waited anxiously for the results. To hie utter amazement, the medical bcard 1a diagnosis ~es "chronic bronchitis" and net "asbestosis". Finding the results suspect and believing his ailment to be asbestosis, Rajagopal has filed a case before the ESI Court Bombay under section 75 of the ESI A~t. He has questioned the credentials of the'ESI Medical Board end demanded an examination by experts in occupational diseases, unless it is proved that the constituents of the ESI Medical Board were experts in occupational disease. He also demanded a submission of all his papers (case history/medical reports and certificates) by the Coimbatore ESI hospital to the ESIC court. If efter e careful consideration of the case, the Court can prove that the medical board did not consist of experts in occupational diseases, Rejagopal is adamant that it should direct the ESI authorities to get rim examined by experts in occupational diseases and grant him the consequential relief. The hearing of the case came up on the 28th of April 1963, after which the Corporation appealed for time upto the 28th July 1983, to file in its written statement. A long arduous protracted struggle already begun, will continue 1 the respondent - the ES I medical boerd ( Coimbat.ore) the petitioner - a dying Rajegopal, trying to keep alive the lest flicker of hope, that his success will not only vindicate him but also pave the way for thousands of similarly afflicted workers. * * * * What is this monster called asbestos? Where is it found? How does it endanger a worke~ health? Whet is asbestosis? How does it affect a worker? .What are the laws and controls for the regulation of the use'of asbestos? How are they implemented? The following piece entitled, "Asbestos1 The dust that kills", attempts ~o explore the answers to the ebove questions. 3 Asbestos derives its name from a Greek word meaning "unquenchable" an adjective that could well describe both the properties of the substance, es much es the thirst for profit that drives those who organize both men and asbestos for their commercial use. The Homan slaves who mined it in the Italian Alps 2000 yeers ago probably suffered from the same diseases as do workers in modern factories today. The technology may have changed but the conflict between health and profits remain. Asbestos ii a hydrous mineral silicate containing magnesium, aluminium, iron, scdium end calcium. There are about six varieties of asbestos which can be broadly classified into 2 main groupsa the serpentines: These ere hydrous silicates containing magnesium. The white variety of asbestos celled Chrysotile belongs to this group. - the emnhibolesa These are hydrous silicates chiefly containing iron and aluminium. They also contain calcium, sodium end magnesium. Crocidolite or blue asbestos which is perhaps the most dangerous variety, fells into this category. Kinds of Asbestos a) Chrysotile: The most commercially used variety of asbestos is a white, fine, silky, flexible, serpentine variety called chrvsotile (white asbestos). It has the longest and strongest fibres and can be spun. It is primarily responsible for asbestosis. b) Anthophyllitea Anthophyllite like chrysotile is white and contains magnesium. It is brittle. c) Crocidolites It is also called blue asbestos, because of its colour. It mainly consists of iron. Even a short exposure of a few months, can give riee, upto 20 years later, to mesothelioma Qf p'leura (cancer of the membranous lining of the lungs). d) Amosite: Amosi!e is a straight brittle fibre ranging from light grey to pale brown in colour. e) Actinolite end (f) Tremolite1 They consist mainly of calciu~ and are used in filters, papers, etc. The minerals exist in seva~al forms and differ in their phy- sical properties and chemical composition, but they are similar in their fibrous nature end flexibility. Asbestos is a very versatile material. It is fire resistant, insoluble in water, resists corrosion by a large number of chemicals, has high tensile strength,ie ebunduntly available, and is very cheap. 4 USES Of ASBESTOS Asbestos hes over 3000 commercial applications and is used foL both domestic and industrial purposes - as pipes, insulattion boards, protective clothing, rope p~oduction, heat end sound insulation for plant & building structures, mattresses, roof sheeting, brakelinings, clutch facings and several other articles of daily use. It is effectively integrated as a filler, binder and es a reinforcing aubatance with other materials like cement and rubber. We therefore encounter asbestos on en increasing scale in several places (see box 1) end it is not surprising that industrial interests insist that there ia no ed~quate substitute. Box 1. The industries using eebestoe. 1. Docks end transport - handling sacks & balls. 2. Asbestos factories - milling, weaving, turning, manufacturing asbestos cement sheets and pipes. 3. Power stations - lagging and delagging. 4. Iron end Steel works and other heavy engineering in- dustries - boiler furnace insulation. 5. Locomotives and rail carriage building - heat end sound insulation. 6. Ship building and repairing - asbestos insulation, la- gging end delagging. 7. Paper making - filter papers. B. Manufacture of floor tiles, mats & roofs - linoleum and asbestos sheets. 9. Adhesive and plastic manufacture - used as fillers for strengthening. 10. Automobile in~ustry - brake shoes linings, and clutch . facings, insulated und,r thi_body of oers. 11. Light engineering - gasket washers etc. 12. Packaging manufacture. 13. Construction - laying of pipes and fitting of sheets on insulation boards, asbestos spraying on wells. 14. Electrical engineering industry - insulation. 15. Insulation mattress manufacture. 16. Asbestos textile manufacture - safety clothes. 17. Chemical plants and heat treatments shops-linings of furnances, boilers & chimneys. (Sourcea Asbestosis: A Killer disease: Audyogik Jeevan Manch 5 HOW ASBESTOS IS PROCESSED Before asbestos appears ea an everyday commodity it is processed by human labour - n operation which conaumes both the raw materials, labour end the labourer. There ere basically two processes involved in the manufacture of asbestos -the wat end the dry. In the former, water ia added to a dry miKture of asbestos and cement. A slurry i1 formed. Thia is moulded and ~xtruded with heat and pressure. In the dry process, the asbestos fibres are fluffed and combed. For instance, in the textile industry the fluff is mi~ed with cotton before carding; and the later is spun and woven, in a dry state. Both processes expose workers and the environment to asbestos dust, fumes, end heat. It is chiefly the dust which enters the worker's lungs that leads to the depreciation of the iabourer's health and life, but a "depreciation", that never enters into the calculation of cost. The handling and use of asbestos therefore raisestwo problemss 1. The problem of protecting asbestos workers from a number of asbestos-related diseases like aabestosis end cancer. 2. Protecting the environment from pollution and the risk of cancer for the population. HOW ASBESTOS AFFECTS THE WORKER Asbestos fibres enter a workere body insiduously. The most dangerous fibres are those which cannot be seen by the naked eye (less than 2 microns thick). They ere able to pass through the natural filter system of the nostrils end the mucous lining of the airtubee, end accumulate in the eirsacs of the lungs, turning the elastic tissue of the airsacs into rigid fibrous tissues. This is called asbestosis. This condition obstructs the free exchange of gAses in the lungs and thus impairs the lung function. SIGNS AND SYMPTOMS OF ASBESTOSIS Difficulty in breathing * Crackling sound durihg breathing. * * Breathlessness on exertion. A Dry cough. * * Weight loss. 'finger clubbing' - (thickening around the base of the nails.) 6 QIAGNOSIS Of ASBESTOSIS There are aeverel methods uaed ta diagnose aabestosia. 1. the putum tests A parson nhaling asbestos fibree will ahow asbestos bodies in the sputum. These bodies consist of asbestos fibres surrounded by various proteins end iron particles end can be identi fied under a micro- acope. this test employed in isola- tion does not ccncl- uaively lead to a diagnosis of eebea- toeia, because pe- ople in industrial communities may \ have asbestos fibres i\ in their lungs wh- ich are otherwise normal. The pre- sence of asbestos bodies in the spu- ~um, however, con- firms exposure to asbestos. 2. sesbcteieotnos fobrodeixesamiinnatthioen lun a at bio s (severing a lung In asbestosis, a lung-biopsy reveals a large number of asbes- tos ped bodies from a in the lung. lung surface. Tha.y appear in smears of fluid scra- But this is section may a random method not contain any of diagnosis fibre9 as the severed lung 3, Radiographic appearances. (Xray findings) Fibrosis (rigid fibrous lung tissue) in asbestosis occurs as a fine network in the lungs. The network resembles ground glass or fine cobweb. 7 4. Respiratory functions tests. These are tests to check the respiratory function of the lungs but are of little value in diagnosing asbestosis in its infancy. A series of readings over the previous years m~st be obtained. Loss of el~sticity and rigidity of lung tissue, end a decreased capacity for gas exchange signify an impaired lung function. A combined usage of these tests, together with symptom detection will lead to e more accurate diagnosis of asbestosis. In fact, the Pneumoco~osis Medical Board of the U.K. has cle- arly laid down that any worker suffering from even two of the symptoms, of asbestosis, Rnd has been exposed to asbestos at work, is immediately certified as suffering from asbestosis. (This is in sharp contrast to the situation in India, as indicated in the Rejagopal case). Asbestosis, which is time and dose related, appears two to thirty-five years after the first exposure. Once the disease sets in,it progresses even after the worker is prevented from further exposure. It even peves the way f~,r lung cancer. The risk of contracting asbestosis is ~inimal below certain exposure lev6ls. Smoking increases the risk of contracting the disease extensively. lNCIDENCE Of ASBESTOSIS Recent studies from different perts of the country indicate e high incidence of eabestosiss 1. In a survey of an asbestos cement unit in Faridabad, a Central Labour Institute (CLI) researcher found1 that out of 850 workers, 58 suffered from asbestosis and 58~ experienced changes in the fun~tioning of the lungs. 2. A similar study of 800 workers of Asbestos Cement Ltd. Bombay, conducted by the National Institute of Occupational Health, (Ahmadabad) revealed that .out of BOD workers, 224 suffered from more ad~anced stages of asbestosis. While the management.flatly denied these figures, the study also noted that anothAr 128 workers had con~racted the disease es well, although ~it had not reached the later stages. The widespread end es yet under-reported incidence of. asbestosis is perhaps best summed up by Dr. S.R. KamRt, head of the faculty of +.horecic medicine, G.s. Medical College, Bombay, who notes, "There is no doubt that one third of the workers in asbestos factories ere suffering from asbestosis". B Besides esbestosia, the other diseases related to asbestos dust exposure ares pleural plaques, pulmonary tuberculosis, meaothelioma of the pleura end peritoneum, lung cancer and cancer of the stomach, oesophagus, colon and rectum. PLEURAL PLAQUES Pleural plaques ere present in asbestosis. They appear as fibrous scars on the external lining of the lung. This is due to the irritation caused by the asbestos fibres which ere lodged in the external lung lining. Pleural plaques are nodular or smooth. They are composed of firm white material, which may be seen on an X-ray if there is calcium deposition. PULMONARY TUBERCULOSIS (J.B. Of THE LUNGS} Research indicates a definite eeaocietion between tuberculosis (T .B.) and exposure to asbestos dust. In one study in the U.K. J out of 82 patients who died of asbestosis, 36~ were also suffe- ring from T.B. MESOTHELIOMA OF THE PLEURA AND PERITONEUM (cancer of the membranous lining of the lung and abdomen) Meeothelioma is e tumour occuring on the membranous lining of dif~erent organs. As an asbestos-related disease, it occurs on the membranous lining of the lunge (pleura) end abdomen (peritoheum). Pleuralend peritoneal tumours occur either alone or together. The following are the signs end symptoms of mesotheliomat 1. Breathlessness accomp~nied by chest pain. 2. Cough and blood in th- sputum. J. Accumulation of st.raw-coloured or blood-etained fluid in the lung's lining (pleura)~ . 4. Thickening of the pleura end ~nlarg'ed growths (tumours). 5. Lung Collapse. 6. Malignant cells in the lining of the lungs end abdomen. Blue asbestos is about ten~imes more likely to cause mesothelioma than the white variety, and some experts claim that just five minutes. inhalation of blue asbestos dust can produce mesothelioma even twenty years later. Smoking apparently does not increas~ ths risk of mesothelioma. However, families of workers exposed to asb~stos dust from work clothes do face the risk of this kind of cancer. People living near asbestos factories and mines are a~so in danger of contracting the disease. This is a fatal disease. There is no dr11g, surgical or rad- iation treatment that can cure it. 9 LUNG CANCER Lung cancer is yet another asbestos related hazard end often follows asbeotosis. It occurs iri the lower lobes of the lungs. The risk of its contraction is greatest in the workers expused to high levels of asbestos dust, especially in those who smoke. The risk of csntracting lung cancer is 90 times greater in smokers than in non-smokers. This form of cancer was first reported by Merewether (Medir.nl Inspector of factories in the U.K.) in 1947, baaed on a study of 235 death certificates recording asbestosis. O~her studies cnnfirm this .. CANCER Of THE STOMACH, FOOD PIPE; LA~GE INTESTINE AND RECTUM These forms of cancer ere also caused by exposure to asbestos fib1es. The method of diagnosis for mesothelioma end the other faxms of cancer ls a biopsy. According to en article by J. Kumar in Science Today, no cHse of cancer due to asbestos hes yet been notified in India. This can be due to the fact that asbestos workers are not follo"r:id up aft'.'r they ::::-etire and occupational histories of cancer patierits ere not recorded. In cross-sectional studies of worker~, it is diffi~ult to find a person who is still working while suffering from lung cancer or mesothelioma of the pleura. There ere, however, ~everal studies confirming the wide.snrP.ad occurence of mesothelioma, lung cancer and cancer of the sto~Gch, oesophagus, colon and rectum in the West. INCIDENCE OF THE CANCERS 1. In s study conducted by Dr. Irving J. Selikoff (Mourt Sinai School of Medicine, New York}, of 632 asbestos insulatio~ workers in New Yark end New Jersey between Jan 1943 and Dec. 1974, it was revealed that there wc:ie 35 deaths of mesothP.liomA - 10 pleural and 25 peritoneal. There were 42 repnrted deaths of lung cancer, 20 deaths of cancer of the st,am:ic:1 and food pipe and 23 deotHs of cancer of the large intestine. 2. In another study, conducted by Irving J. Selikoff, of 17,800 asbestos i"sulation workers in the United States and c~neda (International Assoc'l.ation of Heat and frost Insulator: ::inrl Asbestos Workers, Afl-CIO, CLC), between Jan 1, 1961 ~nd Dec 31, 1973, the wide prevalence of cancer was estsblished. There were 36 deaths of pleural mesothelioma end 67 dea-ths of peritoneal mesothelioma. It was further revealed that there were 321 deaths of lung .. cancer, 16 deaths of stomach cancer, 14 dnathn of cancer of the food pipe and J9 deaths of c2r.cor of the lcrqe intestina end r~ctum. 3. In 1967, 17 fatal cases af pleural mesothelioma were reported in the small t~wn of Manville in New Jersey. Ey 1973 thAr~ were 72 victims of this cancer in this town of 15,DOO p~Plc, whc~e the giant U.5 Corporation Johns-Manvill9 still has its largest Manufacturing Plant. 10 REACTIONS IN THE WEST An avalanche of medical literature end new found publie knowledge about the toxic nature of the silicate, has unleashed massive public opinion and protest in the West. This has led to e plethora of legislation to control and regulate the use of asbestos in the manufact~ring process end otherwise. Technology in the west has geared itself to devising engineering controls, a variety of personal r~spiratory protective equipment and care in layout planning. These measures would help to effectively reduce duet levels inside the work premises to 2 fibres perc.c. - 0.2 fibres per c.c., for different varieties of asbestos fibres. (The Asbestos Working Group in the U.S. reported in 1960 that there is no safe exposure limit for asbestos end that all commercial end several non-commercial forms of asbestos cause disease. It recommended a new standard of 0.1 fibre per c.c. as the maximum exposure limit. This is the smallest quantity that can be measured by techniques currently available). (See box 2 and 3. U,K. asbestos code end U.S. occupational Health & Safety Act.) BOX 2 Asbcstgs Safetv Code in the U.K. 1. Asbestos dust can cause lung diseases and there are strict regulations governing the manufacture end commercial use of asbestos products. for the home handyman end domestic user of asbestos products it is very unlikely that harmful quantities of dust will escape in normal use. As a precaution th~y are advised to avoid creating and breathing asbestos dust. (1) Dampen the works damp dust does not become airborne and is not inhaled. Do not sand wall plugging compounds, unless damped. When relining car brakes, remove the duet from brake drums with~ a demp cloth. ( 2) Damp any dust that fells to th a f looL Pl.ck it up es soon i as possible and place it in a plastic bag and seal the beg. (3), {i) (5) Work in well-ventilated space e.g. outdoors sawing, filing, drilling, sanding. Use hand saws end drills whi~h produce less power tools. Renew worn or frayed asbestos insulators. while dust than (Sou~ces Occupational Hazardst j Hunter) . I 11 Bagic features af the Uai Occuoa,ignal iafety 1ad Health Act relateg to asbestos- 1., Permanen~ structural changes to make the workplace safe. 2. Tools generating dust must have exhaust 1ystems at the po- int of ~ontact of taol1. 3. Respirators to limit the amount of dust iMhaled ire perm- isaable only if engineering controls are under con~truct ion. They cannot be a substitute ~or engineering controls. 4. Asbestos must not be used loose, w~ste must be sealed in polythene. 5. Warning aigns at workplace end on all products of asbestos. 6. Protective clothing end separate lockers for work end street clothaa. Prescribed stenderd of en average of 2 fibree/c.c. for an B hour shift. Monitoring of sir et a 6 month interval. e. tIhfena wheormkeurst isbe eKinpfoosremdedtoweixthcinas d5wdsat y(s. above the standard) 9. Comprehensive medical examination once a year. 1o. Athne insdtaivteiduaualthwoorirtkye.r oTr hUe nrioenplycanmuceotmbpeladinispdliaryeecdtlyneteor the workplace. 1 1 AaroUunniodn' Rreepprreesseennttaattiivvee) inweivlel ryaccfoamctpoarnyy t(hceallfeadcto'wryalkIn- s- pector on his visits and sit in on all discussions between Inspector and Management. (Sourcal Aahastost The killer disease, Audhyogik Jeavan Mench} The industry, has however tried to ekirt the sttingent cont- rols with an the industry uncanny was not alyness. Litigation hes uncovered proof that only eware of the developing medical litera- ture on reports asbostos, but was actively tampering with of the studies and suppressing reports of the scientific other studies. As a sequel to these revelation~ end others, there has bean a move in the U.S. Congress ~o declare these as federal crimes. 12 The International asbestos industry's own view of its responsibility to label its products as potentially lethal wee recently revealed by the disclosure of an interns! memorandum of the Aabestca International Association dated 7th July 1978. According to the memorendu~, the industry was unanimous in the view that the best warning label was none t all. Many participants felt that if the use of e label was absolutely unav- oidable it would be advisable to adopt the U.K. label which me- rely states "Take care with asbestos". Workers and their unions, (particularly in the U.S.A.) still vehemently insist on managements adherence to workplace regulat- ions, incentive payment for hazardous work, the stoppage of asbestos usage and the search for substitutes. Insurance carriers have rLsed workers compensation insurance rates for employers wno continue to use asbestos. In courts, several thousand victims of asbestos cancer have so far sued the industry for knowingly marketing deadly products while making no effo~ta to inftoorms dpruosdt.uct users of the timebomb danger of breathing in asbes- The law suits which are on the increase each day cost giant corporations like the Johns-Manville, Owens Co~ning, Armstrong danodllaersdoiznen daomthaegress. and their insurance carriers several billion As a result of mounting public pressure, tight legislation, skyrocketing law suit charges end swelling compensations to workers, the consumption of asbestos has decreased in the West. By 1980, the Johns Manville Corporation had closed down four asbestoe cement pipes and manufacturing plants in the U.S. alone. But the company still persisted in sustaining itself with a dogged determination. According to a Business India article, on the 26th August 1982 the company filed for protection under Chapter II of the U.5. Bankruptcy Code, which shields a concern from creditors law suits. It is ala~ suing for IS billion in damages from insurers alleging tardy sett~ement of its claims on them. Multinational companies ruthlessly continue to manufacture and aygressively market asbestos to third world countries where some or all of the following factors ease their entrya1. The local elite are willing to import raw asbestos or use the fibre in the manufacture of various products. 2. There is a high demand for the raw fibres and finished asb- estos products. 13 3. Labour is cheaper. 4. The political climate is stable. 5. Goverment leglalation and controls are lax. 6. Tba its levels of working initial stages of class and public development. consciousness is in 78 The e~tent of unionization is low. WorTldhe cwapesittearlnisct omrpaokersatehismacgunta. te'Ts herrwofoirtkeis intact: The Third doomed to a slow end agonizing death. r in both countries is India is one such example. THl ASBESTOS INDUSTRY IN INDIA ty The uni t as s, best spr os ead i nd ov us er t ry An in dhr e I ndi Pra a d e e s mp h, loys Guj ove ara r 7000 people in twen- mNaudlut,inaantdionHaalrsyaonre. coAlllalbtohreatiloarngse. u(nsietes baorex 4et),ithMearhasurabsshitdraa,rieTeamoifl BOX 4 lhc Ind i fo a, l lcwing their p tab rod le uc t i s s a a n d l is th t e i o r f l the ink a mej ges o . t asbestos companies in Name of the Companv Product Transnational Car_ poration Link. Hindustan Fer~do. Brakelininus, she~;ts, Turner &. Newall yarns, jointings, textile, mattresses, (U.K.) (T&.F} millboards, packing Hyderabad Asbestos cloth. Sheets, millboards, Johns "1anville Hyderabad Asbestos pressure pipes, jointings, thermal insulation. Sheets USA (T} and Societe Italiana Turner &. Newall Shree Digvijay Cement Co. Sheets and pressure (LI. K. ) T&f Johns Manville Sundaram Abex. pipes. Friction materials U.S.A. (T&.f) Abex Inc. USA (T~F) S1Jri Asbestos like brak Industry.T~xtiles, e r linin opes, g s . Johns Manville packings, yarn, laggings, jointings~ ( T&f) U. 5, A, Rane Brake Linings. Brake linings ~nd clutch facings. Small and U.S.A. Parkers Roinz Talbros Asbestos Jointings (T&.f) Reinz Dichtun~ - t.G. * * Ts f 1 Technicol Financial West Germ1ny iT&F) (SboourarctieotnsDGT1D98H0)andbook of foreign Colla- 14 In 1977, 11 units produced 4.1 lakh tons of asbestos cement sheets. This is .4~ of the total V!ilue of industrial production in India, while in the aame year by comparision the total bicycle production was 15.37~. Most of the asbestos used in India is imported and only about 20,000 tone ia mined in Andhra Pradesh, Bihar and Rajesthan. (See box S} -Bo-x -5 lmgorts cf Rew Asbestos. Metric tonnes actual Imports 1978-79 1979-80 1980-81 1981-82 62, 707 75,470 84,264 B0,854 Portwiae imports ere in the approximate range (a) Bombay - 60-.C (b) Madras - 2~ (c) Calcutta 2~ ' (Source M.M.T.C.) Comcan_v Hindustan Ferado BOX 6 Sales of l~rg~r som~anies M11jjiiSi Tonne1 1980-81 1981-82 4000 4000 Hyderabad Asbestos Cement. Asbestos Cem~nt 30,000 18,000 23,000 18,000 Shri Digvijay Ce!'llent Compan,y. 9,000 15,000 ii et Pro f'it 1981 J;akhg year 1982 98.34 1981 ~ 344.52 33.79 1982 336.66 - n.p. after depreciat- ion, taxation, and investment allowance. 1980 ~ 1981 61.21 74.42 UI Sllndarem Abex. Rene Brake Linings. 500/1000 1,000 1500/ 2000 1. soc "P after tax. 1982 :iLJlll 0.24 1983 . 0. 51 n.p. before depreciation and tax ~ 1979 68,64 1980 89.80 (Sources for sales (S~urce for profit ~ings) M.M.T.C.l CMIE Naws clip- n.p. Net Profit. 16 LEGISLATION IN INDIA With intensifying debate and growing conaciouaness about the health hazards of aabeatos, asbeatoaia has been incorporated as a notifiable disease in India, in an amendment in 1976 to the Factories Act of 1948. The following are the salient features of achmdule 14 of the factories Act, app~ying to beatoa workera1- It applies to factories in which aabes.tos is handled and manipulated in various process o~ (The provision of the schedule can be relaxed or suspended by the Chief Inspector of factories, if he is convinced (i) that the use of aebeatos is restricted or temporary. (ii) and therefore ~ill not endanger the worker~ heolth. This certificate can be revoked at any time). * All manufacturing and conveying machinery must be fitted with a mechanically operated exhau~t draft, to suppress dust releas~. * Mixing and blending of asbestos fibres should not be done by hand but with a mechanically operated exhaust draft, to prevent dust generation. The making or repairing of asbestos insulating mattresses must be carried out in an isolated room with adequate exhaust end ventilation equipment . Only workers engaged in filling, beating or levelling shouid be present. * floors, benches, covers and fibre filled mattresses should be dampened whilst filling, beating or levelling is carried on. Storage chambers, bins containing loose asbestos, dust filtering and setting appratus should not be kept in a workroom. Suitable methods Bf storage should be found. * Arrangements should be made to prevent dust discharge from exhaust apparatus. * The floors, benches and plant should be kept clean and free of asbestos debris. 17 * . The room ehould be well-lit . * Sacks used es asbestos co~tainers should be cleaned by machines and made of impermeable material. * lAelal svt eonntaielatiinngsixendmon~thhasusatndeqthueipmdeenfet csths oureldctbifeieteds. ted at * Ashoreugldisbtee rmcaodne t 8aivnaiinlgabtlheestoe rtheceorfdacs tomruyst inbespmecationrtaionneddemanadnd. * Breathing apparatus, overalls vided for those engaged in and heed handling coverings must be loose asbestos, clea- pro ning of dtuhsot seseettnlgiangged oirn fiflillilningg,chabmeabteirnsganodr other equipmlevelling in ent, and manufacture of insulating mattresses. the . * No young . person ture sho of uld ins be ula t emp ing loyed matt r in es o se r s , i n b l connec ending t ion or with mix- the ing manufac of asbestos by hand, in ettling seckcleaning, or filtering, in chambers or in chambers con- apparatus for ning loose duet s asbestos or in stripping ylinders or or grinding the cylany other part tai inders, including the deffer c of the carding machine. * MEDICAL PROVISIONS IN THE LAW A person is theempmloeydeidcaol nilny spaeftcetor r a offitfnaecstsoriceesrtoifriccaetretifiysing awarded surgeon by after e medical examination Every worker should be X-rsyad by a st of the empldyer, before he qualified radiologist is employed. et the co the medical inspector or The X-ray should certifying surgeon be submitted w~thin three to months of the examination date Medical e~emineti~ns factories sh or ould cert i be fyi co ng nducted surgeon b y a t t h i e n t medi erva oa ls l in of s - pector twelve of months after the first medical examination. * The Medical Inspector of factories rect the employer to arrange for or an certifying X-ray of a surgeon CEn worker et dmthiuest embepltohyeenrs haownndedcoosvt,erwthoentehveermietdiicsalniencsepsseacrtyo,r/ctheertiXfy-rianyg surgeon. 1a * A worker who is dsclred unfit to work on processes specified in the Schedule is banned from working on the same unless en X...ray is teken at the employers cmst and the worker ia once again certified fit. During such time he may be permitted by the Me~ical Inepector or Certifying Surgeon to work on eny other process which may be safer. This is allowed if the medical inspector is convinced that the worker is not totally incapacitated. * TrkheerMfeodricraeldIinoslopgecictoerl, ocr liCneirctaiflyionrg pSauthrgoeloongiccaanl dexiraemcitnaatiownos- or any special treatment at the expense. of the employer, if he thinks it ia naceasary. * TcheertCifeicrtaiftyeinwghicShurgtheeonmsahnoaugledr mafutset rmeaaicnhtaeinxaimnin~atpiornopgerranretga- ister or file, and produce before the inspector on demand * aTmheinmatainoangeerndshothueld rmegaiisntteairn shthaell dbeetapirlosduocfedevbereyfomreedaincailnsepx-- ector whenever demand ed. LOOPHOLES IN THE LAW The law framed by a goverment which represents the interests of private enterprise, is bound to mirror the interests of private industry and management. Both in its formulation end implementation, the schedule is ridden with loopholes, which are taken maximum advantage of by industri alists in their' drive for profit. The following are the m~jor loose ends in the Schedules- More dangerous diseases lik.e lung cancer and mesothelioma continue to be left out~ of the a cope of the Schedule. * cTinhae cpeonwebre omf isthuesedChaitefthIensbp~ehcetsotr ctoif'trheelaxmanoargesmues~ptendor pirnovHisiis.- "own interests". * Wemhpilleoyethde inScohrediunlecsotnanteecstiothn awt ithnocyeorutangin pmerasnounf"acsthuoriurlgd pbero- cesses, the term "no young person" smacks of gross ambiguity. 19 * Provisions have been laid down for the suppression and cont- rol of dust within the factory premises but not outside the plant. This is likely to affect the people in the vicinity of the factory. * A provision for separate lockers for work uniforms and ordi- nary clothes has not been made, leading to contamination of the latter. * There ere no clear cut technical specifications outline.d for the nature and quality of the respiratory apparatus, protective clothing and engineering controls. Managements therefore have no qualms about providing inferior quality and inadequate equipment. * There is no mention of a ban on blue asbestos which is banned in other parts of the world. * There is no indication for fixing warning labels on the asbestos products. * There are no provisions for workers' access to their own medical reports and the factory inspection assessments. * furthermore, workers do not have the right to information regarding the materials they use and the production process itself. * The activities of asbestos companies are veiled in secrecy and the only people who can examine them are the factory inspectorates. The goverment and its related agencies and institutions are also fighting shy of exposing 'revealing' henadzar'cdos.ntroversial' research reports on occupational health A case i~ point is Central Labour Institute,mhat has been withholding from the public its detailed studies on the Shree Digvijay Asbe~tas Plant in Ahmedabad and others. A provision should be made in the law to' grant permission to journalists, researchers(govt.end private), social workers and the like to conduct surveys and publishtheir repor.t~for the public.Permission to take photographs of the plant must be granted. * Constitutional litigation is frustrated by redtape, nepotism, bribery, and unending delays making a myth of justice. The petitioner often looses faith in the judiciary and his will ~s ground to a halt. 20 * As per the provisions of the Factories Act it may be poin- ted out that the inspector hes e series of functions ranging from checking of licenses to health end safety measures. He has to conduct inquiries in the case of accidents end attend courts too. It is ironic that, the lest National Labour Conference, 10 years ego recommended 1 inspector for 150 factories. In Maharashtra there are instances of the ratio of inspectors to factories approximating 11190. It is no wonder then, that among other things, a facile circumvention of an already impotent law is possible. CASE STUDIES Not only are there blatant shortcomings in the law, it also remains a paper tiger which is flagrantly abused and flouted at every stage. It may be interesting to note that 2 years ago there was a fiery debate in the U.K. on the conditions in Indian asbestos factories and the double standards adopted by multinationals to which these Indian Companies were linked. This was sparked off by a report in a popular scientific journal in the U.K. The heated debate left the Indian public and worker untouched. Public and worker ' consciousness about the health hazards of asbestos continues' to be in its infancy here. Besides being unaware about the health problems caused by asbestos, workers are blissfully ignorant about the materials they handle and the production process they are engaged in. They are un-informed about their legal rights and have no access to their medical reports.- Due to the legal implications involved, factory medical officers rarely identify asbestosis. A Times of India report deted February 11, 1983, states that asbestosis is even deliberately confused with T.B. and bronchitis to avoid legal implications end compensation costs. More often than not, when asbestosis is diagnosed, the management retrenches the worker. Case studies of the Asbestos Jointing Unit at Andheri, the Shree Digvijay Asbestos Cement plant in Ahmadabad and Hindustan Ferado Limited in Bombay, ar.e examples of the appalling conditions and brazen evasion of the law found in asbestos factories in India. ' I The Asbestos Jointing Company at Andheri employs 70 work- ere. It manufactures joints for insulated pipes. Th~ hazards in this unit are primarily of materials handling. There ere 5 basic processes involved in the manufacture of jointss- * Fibre storage and handling which exposes the worker to dust. * Mixing of fibres with rubber, petrol and benzene in high heat conditions. The emission of benzene and petrol fumes end the generation of asbestos fibres in cleaning and mai- ntenance operations is hazardous. * Sheet making and cutting under high heat conditions, resu- lting in fatigue and exhaustion. 21 * Shearing which generates dust and * Shredding operations. Two cyclone machines are involved in the shredding process. The loading into the machines is done with bare hands. Spillage occurs at two points- (a) when the cyclone works at the loading bay and (b) where bags are filled by a vaccum ayatem. The bags are coated with e film of fibre which gets lodged beneath the worker's akin to form a corr.. The Asbestos Jointing Company outrageously violates the conditions and regulations laid down by the factories Act. 1. Though the plant has stopped using blue asbestos, piles of white and blue asbestos are heaped outside the unit, polluting the environment. This is in contravention to the storage norms prescribed by law. 2. The workers are not provided with gloves end there are no washing and changing facilities. 3. Though the law provides for the provision of proper breathing apparatus, and head covering, the management has provided them with cloth masks which is a piece-meal measure. The cloth masks rave no filter system. They get clogged with asbestos fibres which the workers inhale. Often the workers find the mask so uncomfortable that they remove them. 4. There is no local exhaust system (vaccum suction device) general exhaust fan or shower to damen the floor. 5. The workers claim that there has not been any inspection by the factories inspectorate end no genuine record e have been maintained. 6. The medical tel'3ts ..seem very perfunctory. The workers report that their nails are just superficially checked and they are sent back. 1. According to the workers, the management hes refused to dis- cuss the problem of health hazaras with them. This is en en outright denial of ~he right to collective bargaining even afte~ the issue hQs been raised before the management and ~he factory inspector. 22 further developments have occurred after a in recently by the u~ion to the Management letter wee sent and Factory Ins- pector demanding a medical management has insisted on check up of the a medical check workers. up. But The no off- icial written pector. What reply hes been received from the factory develops further remains to be see~. ins 11 ShTee Diqviiav Asbestos Cement Plant (~hmedabad) AecordinQ to astudy conducted by J. Labour Institute Bombay and the annual nstitute of Occupational Health 1980, I Shree Digvijay Asbestos Cement plant's tter. The studies revealed thats- Kumar of the Central report of the National th~ Ahmadabad - based safety record is no be- 1. The fibre concentrations inning, weaving and rope in the ~ern unpacking, i~ing, spdivisions wer~ 367 fibres per c.c., 418 per fibres per c.c., 225 c.c., respectively. fibres per e.c and 216 fibres This is fr abo~e the atJtutory permissable level of 2 to 0.2 fibres per c.c. for di~ferent kinds of asbestos. 2. Out of 320 workers ee1ected at random, 6.5~ suffered from eebestosis due to exposure. 3. The plant helioma. continued to use crocidolite Perhaps it should bP. pointed which causes mesotout here that manu- facturers in the U.K. imposed e voluntary ban on the import of crocidolite fibres in the early aeventiea. Another study of ~he same tleman, and publishQd in the plant condueted "New Scientist" by Berry Cassaid thata- 4. The road leading to the unit was lined on both idea by aJbestos cement waste. 5. A high wall waste water wsuarsroeumnpdteidedthine tofacetotrreyncahnd anbdeyopnidleditwuitnhtresaotleidd asbestos waste on either side. Children played on the wa- ste around their homes. 6. Some of the houses ware med~ from hunks pipes and scraps of corrug~ted asbestos of asbestos cement waste sheets. lll - Hindustan ferado concern of the British Limited (HrL) in Bombay ia Asbestos Compeny T~tner end e subsidary Newell. The Indian plant end esbestbs which opened in 1956 manufactures textiles. A collation of rep~rte elute~ linings from the Times of India, India Today, Business Today paint a dismal picture of India. New the health Scientist end Science end safety conditi- ons in the unit. The Company brazenly abuses the law in several wayss- 23 1. Dust levels atond above the statutory permissable atandarda and the heat is so opressive that the workers are unable to weer respirators because they feal.euffoceted. 2. Simple housekeOping measures. are n~t employed. (a) Floors are swept dry creating dust. (b) Th~ same lockers hold overalls and the workera clothes, whi~h are thusJ cuntaminated. 3. Laboure~a who work in the dry process and carry the waste from the ventilation traps have no protection. They are covered with asbestos dust. 4. As a result, many employees have been found to be suffering from asbestosis. At least 35' 9f those still on their j~bs ere afflicted and not compensated. 5. The ESIC is another eyew~sh. When a worker is not in ser- vice, ESIC contributions stpp and he can avail of medical treatment only for a period of 6 months. When a worker &d.iasaoi,onooeemrvaxicimeu, mt,hepaEySa!bCle pirnoviindsetsalfmoer nctsomopfen&s.at5io0n0 of upto p.m. But as soon es it is proved that he has asbestosis he gets retrenched. further if he dies of the S!me disease, say two years after he retires from service, neither the mana- gement nor the ESIC takes on the liability. Union repreaAntatives have been demanding an improvemBnt in Hfl, viz the provision of proper ventilation facilities, separate lockers and bathing facilities for workers. Under such pressure the management has taken the following measuresa- 1. In 1980 HfL introduced personal respiratory protection equipment on the shop floor. These form the second line of defence, the main precautionary measure being engineering controls. 2. Raw asbestos is now packed in polyethelene bags which ere placed in another polyethnlene bag. This is an imP,rovemen t over tha original pecking jn jute begs, many of ~h1ch were demaged, leading tu fibre spillage. Tnie deci sion probably followod Britain's refusal of shipments of asbestos products es they were nof triple pecked in polyethelene bags es a safety measure. J. According to goverment regulations, cleaning and grinding of asbc~t~a fibrP.s in the carding sections a~ in several other departme~ts should be a mechanical process. Under e recEnt Union agreement, the management has decided to import some new equipment from Germany. 24 4. Though the management has introduced plastic stri~ curta- ins to separate the duet prone carding section from other sections, much is left to be desired. Plastic strip curtains together with a plywood door, or better still, an air curtain (engineering device, by which air can be blown in a particular direction) would be e safer measure. 5. HFL 1 s contract depertm~nt used to handle another dangerous area. Workers hed to go out and spray asbestos fibres for insulation. This activity f~nally stopped when many workers began suffering from chest ailments. 6. Workers in the carding and fluffing sections get an "inc- onvenience" allowance for working in these sections. The point in question is whether workers aho~ld accept such an allowance. After much feet dragging the management has been forced to concede to several of .these demands under ~nion pressure. It still tries might and main to diffuse issues and evade its responsibility. Its line of defence is that improve- ments cost money. The HFL management complains that its wage costs ere 28" of the manufncturing costs, w:,ile that of Sunderam Abex, another asbestos unit is only 171' of the manufacturing crJsts. Such costs however should be coun.ted under copital expenditure and not under wages as they are not perks given to workers but are en es~ential pre-r~qu isite for the manufacture of asbestos. WHAT CAN BE DONE History bears evidence of industry's reluctance to give up the use of such a versatile material, without a massive amount of public opinion end worker pressure. * A move to use appropriate eubstitu+.es in lieu of asbestos must be initiated. * AD long as it continues to be used, its use must be regu- lated by the most rigorous ~antral. * While it is necessary +.o use the existing law fox- some pr- otection, it is necessary to ask for new provisions to be incorporated (as pointed'out in the loopholes of the Act). Pressure must be brought to bear on the management, for the proper implementation of the Factories Act. * Workers must demand the right to appoint "safety represe- ntatives" from among workers et the factory/plant level and union representatives who have access to facilities and records, both administrative end medical. * They must also ineiston the right to information regarding 25 details of materials/chemicela used, processes and hazards involved, and such other information as is relevant to the health of workers in the industry. * Wrdoinrkgerstomcuustrrepnretssprficoer tlheevelrse~vision of compensation rates acco- * If a worker who contracts Hn asbestos related disease is rttr- enched after the disease is identified, then the manayement should be pressurized to pay a compensation till his death. Workars must in addition demand compensation from the Company, in instances of deaths resulting from asbestos relat~d dise~ses, even after ~e+.irement. * * * * * * * 26 SOURCES 1. OIncsctulptuettieonleilbrhaerayl,th Bhomazbaaryd) s by Hunter (Central Labour 2. The factories Act 1948, M~heraehtra Edition 1982. 3. BKuilslienressAsIbnedstioas- JaSnpe1c7ia-3l 0R, e1p9o8r3t . I - Meenakshi Behare, 4. DNeowubSleciSetnatnidsat,rd2s6 AFesbbreusatorys i1n98I1n. dia, Barry CestlemanJ 5. The asbestos connec.tionJ J. Kumar, Science Toda,!I 1982. 6. Asbestosis: A Killer diseasAudhyogik Jeevan Mench, 3/3, Renuke Apartments, 135/5, ErAndwena, Puna - 411004. 1. The J. sel Vera l ing Ver o e, f Asbest Science o sa To Bar day, r y J u . l A y . Cas 1982 t . l e m a n And Manuel B. Information from news clippings. 9. fInilfeosrm. ation from CMIE (Cantre for Monitoring Indian Economy) 10. Asbestos plant reprinted from threatens a village in India, News day, Dec. 16, 1981. Bob Wyrick, 11. Information provided by the 29, Bhatia Bhavan, Babrekar workers Health end Safety Unit Marg, Off Gokhele Rd. Dadar (West). 12. SAesblieksotofsf. Disease in the United Ststes 1918-1975 by Irving 13. Discussions withs (a) Dr. V. Gupta;.Centrel Labour Institute, Bombay. (b) Dr. Surendra Nath; Central Labour Institute, Bombay. (c) Workers of asbestos units. (d) Mr. K.P. Menon, Labour advocate. " 27 The following publications. are av~ilable at the C.E.D.1Hpaltb Cell publicetiong 1, Abuse of female hormone druga Counterfact No. 1 - rree. 2. Bleeding for Profit - Counterfact No. 2. - free. 3. Injectableo1 Immaculate Contrace~tion? - Cou~terfact No. 3. Free .. 4. Heelth and the Werk-place - Countarfact No. 4. - free. 5. Asbestos - The dust that-kills - Caunterfect No. 5 - free. Rasearch Publications 6. Aspects of the drug industry in India - Mukarram Bhagat 7. Operation f'locd - Development or Dependence? - C.E.D. Re;;earch teem B. Land Degradations India's Silent Crisis _ A Cite Publica- tion by Mukarram Bhagat 9. The Tenth Month - Bombay's Historic Textile Strike - fecteheet 1 Collective Qccesional papers 10. Indian Economic Policy - Po~t IMf - by Mukerram Bh~gat. 11. Controlling Multinational Monopulias - A Case study by ,~K. Paranj ape . 12. The State In India by Sharadchandra S. Jhaveri. 1 J. Goverment & Big Busine~s In India by Ajit Roy. 28 ABOUT CED The Centre for Education & Documentation (CED) is an indepen- dent non-profit organisation involved in reeearch-cum-a~tion oriented programmes, catering to the need of scholars, profe- ssionals, students, individuals. development workers and other concerned Established in 1978, and r~gistered under the Societies and Public Trusts Acts, the CED collects, collate~ ~e9earches sanodcidailssiemmpionratatenscei.nformation on a wide ~an~e of subjects of Beei~es conducting and initiating independent studies, the CED organises seminars and workshops on related topics and houses a library of books and a collection of clippings from a.wide spectrum of newspapers, magazines, journals, both from India end abroad. Above all, the CED provides a focal point for like-minded individuals and groups to interact with one another in order atorearselaotfeintvhoelovreym.teonte. xperienc and action, in the respective THE CED HEALTH CELL specialises in documentation and dissemination ~f information concerned with health issues. It is in ntcturcyh. with other similer groups in various parts of the cou- . Our address a Centre fer Education & Documentation : 3, Sulemen Chambers, I 4 Battery Street, Behind Regel Cinema Tela 220019 Bombay 400039 (Otopen2.0101.0p0.ma..)m. to 7.00 p.m. on weekdays. rridays 11.00 a.m. I