Document zd1m64ejK6J8p3N3kDE7n4EZB

FILE NAME: Asbestos in India (IND) DATE: 1983 July DOC#: IND018 DOCUMENT DESCRIPTION: Published Report - Asbestos: The Dust that Kills asbestos the dust that kills COUNTERFACT NO. 5 A CED HEALTH CELL FEATURE JULY 1983 The killer fibre had penetrated the very essence of his being. Hie cough was morB painful than aver. Each successive breath was a harsher rasp than the previous one. #"Deathe clutch". asbestosie had gripped yet another victim. This time it was S. Rajagopal, who joined Hindustan Ferado Limited (HFL), as 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 practioners was asthama bronchitis. But a few months later another verdict was deli vered by the Sion Hospital authorities - asbestosis. His pleas to the management for a thorough medical examinatioi went unheeded for a long time. Finally the management . decided to refer him to Dr. G.G. Dave, medical inspe " factories, (Maharashtra). Dave's diagnosis was acute bron chitis". Unsure of Dave's conclusion, he filed a petition to the Chairman of Turner and Newall (the transnational coJP0" ^ n u in nrifsin) for a proper medical screening. In the U n k i n i i a health deteriorated and the Sion Hospital aut h o r U i t s 'e d u c e d i L a d i a t e treatment. But he resigned from H F L ^ t o collect his gratuity. Why? His wife was ill. n i f ilM i i . r i fhp rnmnanv but co n tin u e d f iQ h t Hb S i '- U t i S ; Bombay H ig h C o u rt to . . t up_ In a oreliminary medical interview with Rajagopal, the newly formed ESI medical board (Coimbatore) consisting of t Ed the remotest possibility of esthama or bronchi.. I*;;: - s : J".;.-P :it; . on.t " - r -i.-* 2 they presented to him ruling out asthenia or bronchitis. The examination consisting of a chest Xray and a blood and urine test was completed in September 1982,and Rsjagopal wa tched and waited anxiously for the results. To hie utter am azement the medical board's diagnosis was "chronic bronchitis" and not "asbestosis". Finding the results suspect end believing his ailment to be asbestosis Rsjagopal has filed a case before the ESI Court Bombay under section 75 of the ESI Act. He has questioned the credentials of the ESI Medical Board and demanded an examina tion by experts in occupational diseases unless it is proved that the constituents of the ESI MedicBl Board were experts in occupational disease. Ha also demanded a submission of all his papers (case history/msdical reports and certificates) by the Coimbatore ESI hospital to the ESIC court. If after a careful consideration of the case, the Court can prove that the medical board did not consist of experts in occupational diseases, Rajagopal is adamant that it should direct the ESI authorities to get examined by experts in occupational diseases and grant him the consequential relief. The hearing of the case came up on the 2Bth of April 1983, after which the Corporation appealed for time upto the 20th July 1983, to file in its written statement. A long arduous protracted struggle already begun, will continue* the respondent - the ESI medical board (Coimbatore) the petitioner - a dying Rajagopal, 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 asbeBtos? Where is it found? H o w does it endanger a worker^ health? What is asbBstosis? How does it affect a worker? .What are the laws and controls for the regulation of the u s B 'of asbestos? How are they i m plemented? The following piece entitled, "Asbestos* The dust that kills", attempts ,to explore the answers to the ab ove questions. 3 Asbestos derives its name from a Greek word meaning "unquen chable" an adjective that could well describe both the propert ies of the substance, es much b b thB thirst for profit that dr ives those who organize both men and asbestos for their commer cial use. The Roman slaves who mined it in the Italian Alps 2000 years ago probably suffered from the same diseases as do workers in modern factories today The technology may have ch anged but the conflict between health and profits remain. Asbestos is a hydrous mineral Bilicate containing magnesium, aluminium, iron, scdium and calcium. There are about six varieties of asbestos which can be broa dly ciBBsified into 2 main groups* - ihiL serpentinest These are hydrous silicates containing mag nesium. The white variety of asbestos called Chrysotile belo ngs to this group. - thB amnhiboleBt These ing iron and aluminium. magnesium. Cr0cidolite most dangerous variety, are hydrous silicates chiefly contain They also contain calcium, sodium and or blue asbestos which is perhaps the falls into this category. Kinds of Asbestos a) C h r v s o t i l e : The most commercially used va riety of as besto s is a white, fine, silky, fl exible, serpen tine vari ety calle chrysotile (white asbestos) . It has the longest and strongest fibres and can be spun . It is prima rily resp on sible for asbesto sis. b) A n t h o n h v l l i t e * Anthoohvllit e like chrysotile is wh it e and contains ma gnesium. It is b r i t t l e . c) Crocidolite s It is also called blue asbestos, bee au ss of its colour. It mainly cons ists of iron. Even a sh ort exposure of a few months, can give rise, upt o 20 years later, to mesothel ioma pf pleura (cancer of the membranou s lining of the lungs). d) Amosite * Amosi.te is a straight brittle fibre ranging from light grey to pale brown in colour. b ) Actinolite and (f) T r e m o l i t e * They consist mainly of calcium and are used in filters, papers, ate. The minerals exist in several forms and differ in their phy sical properties and chemical composition, but they are similar in their fibrous nature and flexibility. Asbestos is a very versatile material. It is fire resistant, insoluble in water, resists corrosion by a large number of chemicals, has high ten sile strength,is abunduntly available, and is very cheap. 4 USES OP ASBESTOS Asbestos has over 3000 commercial applications and is used for both domestic and industrial purposes - as pipes, insulattion boards, protective clothing, rope production, heat and 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 fil ler, binder and as a reinforcing substance with other materials like cement and rubber. We therefore encounter asbestos on an increasing scale in several places (see box 1) and it is not surprising that indu strial interests insist that there is no adequate substitu te. 3ox 1. .1. 2 3. 4. .5. 6 7. e. 9. 10. 11. 12. 13. 14. 15. 16. 17. The industries using asbestos. Docks and transport - handling sacks &. balls. Asbestos factories - milling, weaving, turning, - manufacturing asbestos cement sheets and pipes. Power stations - lagging and delagging. Iron end Steel works and other heavy engineering in dustries - boiler furnace insulation. . Locomotives and rail carriage building - heat end sound insulation. Ship building and repairing - asbestos insulation, la gging and delagging. . Paper making - filter papers. Manufacture of floor tiles, mats L roofs - linoleum and asbestos sheets. Adhesive and plastic manufacture - used as fillers for strengthening. Automobile industry - brake shoes linings, and clutch facings, insulated under the.body of cars. Light engineering - gasket washers etc. Packaging manufacture. Construction - layin.g of pipBS and fitting of sheets on insulation boards, asbestos spraying on walls. Electrical engineering industry - insulation. Insulation mattress manufacture. Asbestos textile manufacture - safety clothes. Chemical plants and heat treatments shops-linings of furnances, boilers &. chimneys. (Sourcei Asbestosis: A Killer disease Audyogik Jeevan Manch 5 HOW ASBESTOS IS PROCESSED Before eebeetos appears as an everyday commodity it is p r ocessed by human labour - an operation which consumes both the raw materials, labour and the labourer* There are basic ally two proceases involved in the manufacture of asbestos -- the wet and the dry. In the former, water is added to a dry mixture of asbestos and cement. A slurry is formed. This is moulded and extruded with heat and pressure. In the dry p ro cess, the asbestos fibres are fluffed and combed. For insta nce, in the textile industry the fluff is mixed 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, and heat. It is chiefly the dust which enters the worker's lungs that leads to the depreciation of the l a b o u r e r 's health and life, but a 'depreciation", that never enters into the calculation of cost. The handling and use of asbestos therefore raisestwo problems: 1. The problem of protecting asbestos workers from a number of asbestos-related diseases like asbestosis and cancer. 2. Protecting the environment from pollution and the risk of cancer for the population. HOW ASBESTOS AFFECTS THE WORKER Asbestos fibres enter a w o r k e r 's body insiduously. The most dangerous fibres are those which cannot be seen by the naked eye {less than 2 microns thick). They are able to pass through the natural filter system of the nostrils Bnd the mucous lining of thB airtubes, and accumulate in the Birsacs of the lungs, turning the elastic tissue of the airsacs into rigid fibrous tissues. This is called asbestosis. This co ndition 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 c l u b b i n g ' - (thickening around the base of the nails.) 6 DIAGNOSIS OF ASBESTOSIS There ere several methods used to diagnose asbestosis 1. The sputum teBt.t A person inhaling asbestos fibres will show asbestos bodies in the sputum* These bodies consist of asbestos fibres surrounded by various proteins and iron particles and can be i d e n t i fied under a micro Scope. This test employed in isola tion does not concl usively lead to a diagnosis of asbestoeis, because pe ople in industrial communities may have asbestos fibres in their lungs w h ich are otherwise normal* The pre sence of asbestos bodies in the spu tum, however, con firms exposure to asbestos pulm onary ^ARTERIES PULMONARY VEINS 'AIRSAdS 2 * A gJLBstoj-- bodies in the lungs at b i o p s y , (severing a lung section for examination). y In asbestosis, a lung-biopsy reveals a large number of asbes tos bodieB in the lung. They appear in smears of fluid scra ped from a lung surface. But this is a random method of diagnosis as the severed lunq section may not contain any fibres 3 fia_dioqraphic app e a r a n c e s . (Xray findings) Fibrosis (rigid fibrous lung tissue) in asbestosis occurs as a fine network in the lungs. glass or fine cobweb. The network resembles ground 7 4 Respiratory Functions t e s t s . These are tests to check the respiratory function of the lungs but are of little value in diagnosing a9 bestosis in its infancy. A series of readings over the previous years must be obtained. Loss of elasticity and rigidity of lung tissue, and a decreased capacity for gas exchange signify an impaired lung function. A combined usage of these tests, together with symptom detection will lead to a more accurate diagnosis of asbestosis. In fact, the PneumocoiSosis Medical Board of thB U.K. has cle arly laid down that any worker Buffering from even two of the symptoms, of asbestosis, end 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 in dicated in the Rajagopal case). Asbestosis, which is time and dose related, appears two to thirty-five years after the first exposure. Once the di sease sets in,it progresses even after the worker is preven ted from further exposure. It Bven paves the way f^r lung cancer. The risk of contracting asbestosis is minimal below certain exposure levels. Smoking increases the risk of cont racting the disease extensively. INCIDENCE OF A5BE5T03I5 Recent studies from different porta of the country indicate a high incidence of asbestosis* 1. In a survey of an asbestos cement unit in Faridabad, a Central Labour Institute (CLI) researcher found, that out of 850 workers, 58 suffered from asbestosis and 58% expe rienced changes in the functioning of the lungs. 2. A similar study of 800 workers of Asbestos Cement Ltd. Bo mbay, conducted by the National Institute of Occupational Health, (Ahmedabad) revealed that out of 800 workers, 224 suffered from more advanced stages of asbestosis. While the management flatly denied these figures, the study also noted that another 128 workers had contracted the disease as well, although -.it had not reached the later stages. The widespread and as yet under-reported incidence of as bestosis is perhaps best summed up by Dr. 5.R. Kamat, head of the faculty of thoracic medicine, G.S. Medical College, Bombay, who notes, "There is no doubt that one third of the workers in asbestos factories are suffering from asbestosis". 8 Besides asbestosis, the other diseases related to asbestos dust exposure arei pleural plaques, pulmonary tuberculosis, me sothelioma of the pleura and peritoneum, lung cancer and cancer of the stomach, oesophagus, colon end rectum* PLEURAL PLAQUES Pleural plaques ere present in asbestosis* They appear as fib rous 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 bB seen on an X-ray if therB is calcium deposition. PULMONARY TUBERCULOSIS (T.B, OF THE LUNGS) Research indicates a definite association between tuberculosis (T.B.) and exposure to asbestos dust. In one study' in the U.K.. out of B2 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) M esoth e l i o m a is a tumour occuring on the membranous lining of different organs. As an asbestos-related disease, it occurs on the membranous lining of the lungs (pleura) and abdomen (perito neum). Pleuraland peritoneal tumours occur either alone or together. The following are the signs and symptoms of mesotheliomas 1. Breathlessness accompanied by chest pain. 2. Cough and blood in th sputum. 3. Accumulation of straw-coloured or blood-stained fluid in the lung's lining (pleuraK , 4. Thickening of the pleura and e n l a r g e d growths (tumours). 5. Lung Collapse. 6. Malignant calls in thB lining of the lungs and abdomen. Blue asbestos is about ten times more likely to cause m e s o t helioma than the white variety, and aoma experts claim that just five minutes, inhalation of blue asbestos dust can produce mesot helioma even twenty years later. Smoking apparently does not increase- th s risk of mesothelioma. However, families of workers exposed to asbestos dust from work clothes do face the risk of this kind of cancer. People living near asbestos factories and mines are also in danger of contracting the disease. This is a fatal disease. There is no drug, surgical or rad iation treatment that can cure it. 9 LUNG CANCER Lung cancer is yet another asbestos related hazard and often follows asbeotosis. It occurs in 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 contracting lung cancer is 90 times greater in smo kers than in non-smokers. This form of cancer Inspector of Factories 235 death certificates firm this. was first reported by in the U.K.) in 1947, recording asbestosis. Merewether (Medical based on a study of Other studies con CANCER OF THE STOMACH. FOOD PIPE.' LARGE INTESTINE AND RECTUM These forms of cancer are also caused by exposure to asbestos fibres. The method of diagnosis for mesothelioma and the other forms of cancer is a biopsy. According to an article by J. Kumar in Science Today, no case of cancer due to asbestos has yet been notified in India. This can be due to the fact that asbestos workers are not followed up after they retire and occupational histories of cancer patients are not recorded. In cross-sectional studies of workers, it is difficult to find a person who is still working while suffering from lung cancer or mesothelioma of the pleura. There are, however, several studies confirming the widespread occurence of mesothelioma, lung cancer and cancer of the stomach, oesophagus, colon and rectum in the West. INCIDENCE OF THE CANCERS 1. In a study conducted by Dr. Irving J. Selikoff (Mount Sinai School of Medicine, New York), of 632 asbestos insulation wo rkers in New York end New Jersey between Jan 1943 and Dec. 1974, it was revealed that there were 35 deaths of m e s o t h e l i oma - 10 pleural and 25 peritoneal. There were 42 reported deaths of lung cancer, 20 deaths of cancer of the stomach and food pipe and 23 deaths of cancer of the large int estine. 2. In another study, conducted by Irving J. Selikoff, of 17,GOO asbestos insulation workers in the United States and Canada (International Association of Heat and Frost Insulator*; and Asbestos Workers, AFL-CIO, CLC), between Jan 1, 1961 and Dec 31, 1973, the wide prevalence of cancer was established. There were 36 deaths of pleural mesothelioma and 67 deaths of peritoneal mesothelioma. It was further revealed that there were 321 deaths of lung cancer, 16 deaths of stomach cancer, 14 deaths of cancer of the food pipe and 39 deaths of cancer of the lsrge intestine end rectum. 3. In 1967, 17 fatal cases of pleural mesothelioma were reported ip the small town of Manville in New Jersey. By 1973 there were 72 victims of this cancer in this town of 15,000 psnplc, where the giant U.S Corporation Johns-Manvills still has its largest Manufacturing Plant. 10 REACTIONS IN THE WEST An avalanche of medical literature end new found public know ledge about the toxic nature of the silicate, has unleashed mas sive public opinion and protest in the West. This has lad to a plethora of legislation to control and regulate the use of asbe stos in the manufacturing process and otherwise. Technology in the west has geared itself to devising engineering controls, a variety of personal respiratory protective equipment and care in layout planning. These measures would help to effectively reduce dust levels inside the work premises to 2 fibres par c.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 th ere is no safe exposure limit for asbestos -and that all c o m m e r c ial and several non-commercial forms of asbestos cause disease. It recommended a new standard of 0.1 fibre per c.c. as the m a x imum exposure limit. This is the smallest quantity that can bB measured by techniques currently available). (See box 2 and 3. U,K. asbestos code and U.S. occupational Health &. Safety Act.) BOX 2 AohrstoR Safety Code in the U . K . 1. Asbestos dust can causa lung diseases and there are strict regulations governing the manufacture and commercial use of asbestos products. For the home handyman and domestic user of asbestos products it is very unlikely that harmful quantities of dust will escape in normal use. As a precaution they are advised to avoid creating and breathing asbestos dust. (1) Dampen the work* damp dust does not become airborne and is not inhaled. -Do not sand wall plugging compounds, unless damped. When relining car brakes, remove the dust from brake drums with^a damp cloth. (2) Damp any dust that falls to the floor, Rick it up -es soon f as possible and place it in a plastic bag and seal the bag. ( 3 ) , Work in w e l l - v e n t i l B t B d space e.g. o u t d o o r s w h i l e sawing, filing, drilling, sanding. (4) Use hand saws and drills which produce less dust than power tools. (5) Renew worn or frayed asbestos insulators. (Source* Occupational Hazards* ^ Hunter) 11 UUUL Basic features of the U.S. O c cupational Safety and. Health Act related to asbestos*- I. , Permanent structural changes to make the workplace safe. 2. Tools generating dust must have exhaust systems at the po int of contact of tools# 3. Respirators to limit the amount of dust inhaled sre perm- isaable only if engineering controls are under construct ion. They cannot be a substitute for engineering controls. 4. Asbestos must not be used loose, waste must be sealed in polythene. 5. Warning signs at workplace and on all products of asbes tos. 6. Protective clothing end separate lockers for work end s t reet clothes. 7. prescribed standard of an average of 2 fibree/c.c. for an B hour shift. Monitoring of dir at a 6 month interval. B. If e worker is exposed to excess dust ( abova the standard) then he must be informed within 5 days. 9. Comprehensive medi c a l examination once a year. 10. An individual worker or Union can complain directly to the state authority. The reply muat be displayed near the workplace. II. A Union Representative in every factory (called 'walkaround' representative) will accompany the factory Ins pector on his visits and sit in on all discussions betw een Inspector 'and Management. ' (Sourest Asbestos* The killer disease, Audhyogik Jeevan Manch) The industry, has however, tried to skirt the stringent cont rols with an uncanny slyness. Litigation has uncovered proof that the industry was not only aware of the developing medical litera ture on asbestos, but was actively tampering with the scientific reports of the studies and suppressing reports of other studies. As e sequel to these revelations and others, there has been a move in the U.S. Congress l;o declare these as federal crimes. 12 nns.ilhhi?iTiitiyit t!ofn l?atbe0l? -i}t/s BpbrModu0c-tsinadsu 8 tportye'n8tioawlnlyvileewthoafl iwtass rorsepcoe-n tly revealed by the disclosure of an internal memorandum of the Asbestos International Association dated Tth July 1978. According to the memorandum, the industry was unanimous in the View that the best warning label was none at all. Many pa rticipants felt that if the use of a label was absolutsly 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.5.A.) still vehemently insist on managements adherence to workplace regulat ions, incentive payment for hazardous work, the stoppage of asb estos usage and the search for substitutes. Insurance carriers have raised workers compensation insurance rates for employers wno continue to use asbestos. In courts, several thousand vic tims of asbestos cancer have so far sued the industry for know ingly marketing deadly products while making no efforts to inf orm product users of the timebomb danger of breathing in asbes tos dust. The law suits which are on the increase each day cost giant corporations like the J o h n s --Manville, Owens Corning, Armstrong and a dozen others and their insurance carriers several billion dollars in damages. As a result of mounting public pressure, tight legislation, skyrocketing law suit charges and swelling compensations to w o rkers, th8 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 thB 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 Cha pter II of the U .5. Bankruptcy Code, which shields a concern from Creditors law suits. It is also, suing for $5 billion in damages from insurers alleging tardy settlement of its claims on them. Multinational companies ruthlessly continue to manufacture and aggressively market asbestos to third world countries where some or all of the following factors ease their entryl-1 1. 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 a s b estos products. 13 3 Labour is cheaper. 4- The political climate is stable. 5. Goverment legislation and controls are lex 6 ` s initial3tages*of ^ Tm The *tent of unionization is low. W o x I 2 % ^ t \ ^ s t C ^ s athei r ? u n ? te,?herr;ofi kt doomed to . alow and agonizing d e a t h . ' T ,, l"s Ittfe-- A5_BE,ST0s INDUSTRY i n TMTUA L in The Third ." "h " ^ " l " NtayduJ,n ia%nsd! bH"ariynanda1.o v eArlilr !tdhier .lIaprroieL s 7 PlGi:j.xaaUtr! MMaTharaPs\hPtprlae, iTnam*il" - multinationals or collaboration^ J " ^ ther ubaidaries of BOX 4 India^their^producta 9 and^thsir^linkages?* "ebGBt s <=TMPniea in Lame of the Company Product. Transnational Cor. joration Link. Hindustan Ferado. Hyderabad Asbestos Hyderabad Asbestos Shree Digvijay Cement Co. Sundaram Abex. Brakelinirujs, sher.ta, yarns, jointings, te xtile, mattresaes, Turner Newall (U.K.) (T&.F ) H b o a r d s , packing cloth. Sheets, millboards, pressure pipes, jointings, thermal insulation. Sheets Sheets and pressure pipes. Friction materials John9 Hanville USA (T ) and Socit Italians T urner &. Ne wall (U.K. ) T&.F Johns Manvilla U.S.A. (T&.F ) Abex Inc. USA (T&.F ) Suri Asbestos Industry. T & i S i r i ' r i i l i " " * Ranc Brake Linings. Heinz Talbros packings, yarn, laggings, jointings Brake linings and clutch facings. Asbestos Jointings Johns Manville (T&F) U.S.A. Small and Parkers U.S.A. (T&F) Reinz Dichtung - /.G. * Tt Technical West Germany (T&.F) * F* Financial (Source DGTD Handbook of Forr-iqn C o U a - borat .1 ons 1980) ' 9 Lo~la~ 14 In 1977 11 units produced 4.1 lakh tons of asbestos cement sheets. This is .4* of the total value of industrial production in India while in the same year by comparieion the total bicycle production was 15.37%. Most of the asbestos used in India is imported and only about 20000 tons is mined in Andhra Pradesh Bihar and Rajasthan. (See box 5/ Year Box jj Imports of Raw Asbestos Metric tonnes actual Imports 1978-79 1979-80 1980-B1 1981-82 62,707 75,470 84,264 80,854 Portwise imports are in the approximate range (a) Bombay - 60% (b) Madras - 20% (c) Calcutta 20% (Source* M.M.T.C.) BOX 6 Company Hindustan Ferado Sales of larger companies Metric Tonnes 1980-81 1981-82 4000 4000 Hyderabad Asbestos Cement. Asbestos Cement 30,000 18,000 23,000 18,000 Shri Digvijay Cement Company. 9,000 15,000 Npt P F P fA.% ha 1981 yR'S~ 1982 9B.34 1981 344.52 Y.a.S 33.79 1982 336.66 n.p. after depreciat ion, taxation, and in vestment allowance. 1 900 67*27 igei 74.42 Sundaram Abex. Rane Brake Linings. 500/1000 1,000 1500/2000 1.500 n.p. after tax. year 1932 1983 0.24 0.51 n.p. before depreciat ion and tax 1979 ySSLE 68,64 1980 89.80 (Source* for sales M.M.T.C.J (Source for profit CMIE News pings) clip n.p. Met Profit. 16 LEGISLATION IN INDIA With intensifying debate and growing consciousness about the health hazards of asbestos, ssbestosis has bsen incorporated as a notifiable disease in India, in an amendment in 1976 to the Factories Act of 194B. The following are the salient features of schedule 14 of the Factories Act, applying to asbestos workarst- * It applies to factories in which asbestos is handled end m a nipulated in various process ofc (The provision of the schedule can be relaxed or suspended by the Chief Inspector of fact ories, if he is convinced (i) that the use of asbestos is restricted or temporary* (ii) and therefore will not enda nger the w o r k e r ^ health. This certificate can be revoked at any time). * All manufacturing and conveying machinery must be fitted with a mechanically operated exhaust draft, to suppress dust release. * Mixing and blending of Bsbestos 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 exha ust end ventilation equipment. * Only workers engaged in filling, beating or levelling should 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, duBt fil tering and setting appratua should not be kept in a work room. Suitable methods of storage should be found. * Arrangements should be made to prevent dust discharge from exhaust apparatus. ' * The floors, benches and plant should bB kept clean and free of asbestos debris. 17 * The room should be well-lit. . * Sacks used as asbestos containers should be cleaned by m a c hines and made of impermeable material. * All ventilating and exhaust equipment should be tested at least once in six months and the defects rectified. A reaiater containing these records must be maintained and i h " l d bS .vSilSbl. to the factory inspector on demand. * Breathing apparatus, overalls and head coverings must be p r o v i d a d 9 for*5those engaged in handling ioose aBbeistos " ning of duet settling or filling chambers and other equ^1 pm ant? and those engaged in filling, beating or levelling in the manufacture of insulating mattresses. * No young person should be employed in or in theymanufacture of insulating nf ashaatoB bv hand, in sackcleaning, aDoaratue for duet ..ttling or filtering, Seining L o eebe.to. or in .tripping or inders, including the doffer cylinders or ["Chambers or m cnamoers ui in chambers congrinding the cyl any other pa t of the carding machine. M E D I C A L p R O V I S i n NS IN THE-- L M surgeon after a medical examination. Every worker ahould be X-rayed by a qualified radiologist at the cost of the empldyer, before he la employed. The X-rav should be submitted to the medical inspector or certifying surgeon within three months of t a examine date. M e dical examinations should b. conducted by the edioal ins p e c t o r of fectoriee or certif y i n g surgeon at i ^ e r v s l e or twelve months after the first medical examination. The Medical Inspector of factories or r t i f y i n g direct the employer to arrange necessary, the X-ray - : t ' r e lot r e r h - " d e r r v ; / ht r t - r m t td i c - . i ' ' ' i n : r e : t yo ; / c e r t i f y i n g surgeon. 18 A worker who 8 declared unfit to work on processes specified in the Schedule is banned from working on the same unless an X^ray is taken at the employers cost and the worker is once again certified fit. During such time he may be per mitted by the Medical Inspector or Certifying Surgeon to work on any other process which may be safer. This is allo wed if the medical inspector is convinced that the worker is not totally incapacitated. The Medical Inspector or Certifying Surgeon can direct a wo rker for radiological, clinical or pathological examinations or any special treatment at the expanse- of the employer, if he thinks it is necessary. The Certifying Surgeon should after each examination grant a certificate which the manager must maintain in a proper reg ister or file, and produce before the inspector on demand The manager should maintain the details of every medical ex amination and the register shall be produced before an insp ector whenever demanded* 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 and implement ation, the schedule is ridden with loopholes, which are taken maximum advantage of by industri alists in their' drive for profit. The following are the major loose ends in the Schedulet- * More dangerous diseases^ like lung cancer and mesothelioma continue to be left out of the-scope of the Schedule. * The power of the Chief Inspector to relax or suspend provisi ons can be misused at the behest of the managemeht or in His "own interests'*. * While the Schedule states that "no young person" should be employed in or in connection with certain manufacturing pro cesses, the term "no young person" smacks of gross ambiguity. 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 vicinitv of the factory, y 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, protec tive clothing and engineering controls. Managements theref ore have no qualms about providing inferior quality and ina dequate equipment. There is no mention of a ban on blue asbestos which is bann ed m other parts of the world. There is no indication asbestos products. for fixing warning labels on the There are no provisions for workers* access to their own medical reports and the factory inspection assessments. F u r t h e r m o r e , workers do not have the right to information regarding the materials they use and the produttion 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' and 'controversial' research reports on occupational health hazards. , A case in point is Central L a b o u r Institute,that has been with holding from the public its detailed studies on the Shree Digvijay Asbestos Plant in Ahmedabad and others. A pro vision should be made in the law to' grant permission to jo urnalists, researchersigovt*and private), social workers and the like to conduct surveys and publish-their reports for the p u b l i c . P e r m is s i o n 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 is ground to a halt. 20 * As per the provisions of the Factories Act it may be poin ted out that the inspector has a series of functions rang ing from checking of licenses to health and safety measures. He has to conduct inquiries in the case of accidents and attend courts too. It is ironic that, the lest National Labour Conference, 10 years ago recommended 1 inspector for 150 factories. In M a h a r a s h t r a there are instances of the ratio of inspectors to factories appro x i m a t i ng 1*190. It is no wonder then, that among other things, a facile circ umvention 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 jou rnal in the U.K. The heated debate left the Indian public and w o r k e r untouched. Public and w o r k e r ' consciousness about the health hazards of asbestos continues'to be in its infancy here. Besides being unaware about the health problems caused by as bestos, 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 ac cess to their medical reports. Due to the legal implications involved, factory medical officers rarely identify asbestosis. A Times of India report dated February 11, 1983, states that asbestosis is even deliberately confused with T.B. and bronc hitis to avoid legal implications and compensation costs. M o re often than not, when asbestosis is diagnosed, the managem ent retrenches the worker. Case studies of the Asbestos Jointing Unit at Andheri, the Shree Digvijay Asbestos Cement plant in Ahmedabad and Hindus tan Ferado Limited in Bombay, are 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- ' ers. It manufa c t u r e s joints for i n s ulated pipes. The hazards in this unit are primarily of materials handling. There are 5 basic processes involved in the manufacture of joints* * Fibre storage and handling which exposes the worker to dust. * M i x i n g of fibres with rubber, petrol and benzene in high heat conditions. The emission of benzene and petrol fumes and the generation of asbestos fibres in cleaning and m a i n t e nance operations is hazardous. * Sheet making and cutting under high heat conditions, resu lting in fatigue and exhaustion. 21 # Shaaring which generates duet 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 pointsi- (a) when the cyclone works at the loading bay and (b) where bags are filled by a vaccum system. The bags are coated with a film of fibre which gets lodged beneath the worker's skin to form a corn. The Asbestos Jointing Company outrageously violates the condi tions 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, pollu ting the environment. This is in contravention to the sto rage norms prescribed by law. 2. The workers are not provided with gloves and there are no washing and changing facilities. 3. Though the law provides for the provision of proper breat hing apparatus, and head covering, the management has pro vided them with cloth masks which iB a piece-meal measure. The cloth masks have no filter system. They get clogged w ith 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 dampen the floor. 5. The workers claim that there has not been any inspection b y the factories inspectorate and no genuine records have been maintained. ' 6 The medical tests ,seem very perfunctory. The workers report that their nails are just superficially checked and they are sent back. 7. According to the workers, the m anagement has refused to d i s cuss the problem of health hazaros with them. This is an an outright denial of the right to collective bargaining even after the issue hs been raised before the management and the factory inspector. 22 Further developments heve occurred sfter a letter was sent in recently by the union to the Management and Factory Ins pector demanding a medical check up of the workers. The management has insisted on a medical check up. But no off icial written reply has been received from the factory ins pector. What develops further remains to be seen. JI Shrea Digvilav Asbestos Cement Plant (Ahmedabad) According to a study conducted by J. Labour Institute Bombay and the annuel Institute of Occupational Health 1980, Shree Digvijay Asbestos Cement p l a n t 's ttar. The studies revealed theti- Kumar of the Central report of the National the Ahmedabad - basBd safety record is no be- 1. The fibre concentrations in the yarn unpacking, mixing, s p inning, weaving and rope divisions were 367 fibres per c.c., 41B fibres per c.c., 225 fibres per c.c., and 216 fibres per c.c., respectively. This is far above the statutory permissable level of 2 to 0.2 fibres per c.c. for different kinds of asbestos. 2. Out of 320 workers selected at random, 6.5)6 suffered from esbestosi8 due to exposure. 3. The plant continued to use croei d o l i t e which c a u J helioma. Perhaps it should be pointed out here that <j>anu facturara in the U.K. imposed a voluntary ban on the import of croeidolite fibres in the early seventies. Another study of the same plant conducted by Barry Castleman, end published in the "New Scientist" said thati- 4. The road leading to the unit was l ined on both sides by ajbestos cement waste. 5. A high wall surrounded the factory and beyond * * "J * r **| waste water was emptied into a trench and piled with solid asbestos waste on either side. Children played on the w a ste around their homes. 6. Some of the houses ware mads from h u n k s of asbestos cement pipes and scraps of corrugated asbestos waste sheets. HI - + FpTM Ho Limltd in Bombay is a ^ e i d a r y concern of the British Asbestos Company Turner mnd I o^ Indian plant which opened in 1956 m a n u f a c t u r e s * lut C5 U l, <298 nd IsbestVs textiles. A collation of r e p o t s Siic. of India, India Today, Business India, New Scientist and Science Today p e i n t a dismal picture of the health and safety conditi ons in the unit. The Company brazenly abuses the law in several ways*- 23 1. Dust levels stand above the s t a t u t o r y p e rmissable standards and the heat xs so opresslve that the workers are unable to wear respirators because they f e e l .suffocated. 2. Simple housekeepin g measures are not employed, ja) Floors are swept dry creating dust. (b) The same lockers hold overalls a n d the workers clothes, which are thus1contaminated. 3. l a b o u r e r s who work in the dry process and carry the waste from the ventilation traps have no protection. covered with asbestos duet. They are 4. As a result, many employees have been found to be suffering from asbestosis. At least 35% pf those still on their jobs are afflicted and not Compensated. 5. The ESIC is another eyewash. When a worker is not in s e r vice, ESIC contributions atop and he can avail of medical treatment only for a period of 6 months. When a worker di ss in service, the ESIC provides fdr compensation of upto Rs. 80,000 maximum, payable in instalments of Rs. 500 p.m. But as soon as it is proved that he has asbestosis he gets retrenched. Further if he dies of the same disease, say two years after he retires from service, neither the mana gement nor the ESIC takes on the liability. Union representatives have been demanding an improvement in HFL, viz the provision of proper ventilation facilities, se parate lockers and bathing facilities for workers. Under such pressure the management has taken the following measuresl- 1. In 1980 HFL introduced personal respiratory protection e q uipment 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 are placed in another polyethelene bag. This is an improvement over the original packing in jute bags, many of which were da maged, leading tu fibre spillage. Tnis decision probably followed B r i t a i n 's refusal of shipments of asbestos p r o d u cts as they were not' triple packed in p o l y e t h e l e n e bags as a safety measure. 3. According to goverment regulations, cleaning and grinding of asbestos fibres in the carding sections as in several other departments should be a mechanical process. Under a recent Union agreement, the management ha9 decided to import some new equipment from Germany. 24 4* Though the m a n a g e m e n t has intro d u c e d plastic strip curta ins to separate the dust prone carding section from other sections, much is left to be desired. Plastic strip cur tains together with a plywood door, or b e t t e r still, an air curtain (engineering device, by which air can be blown in a particular direction) would be a Bafer measure. 5. H F L ' s contract department used to handle another dangerous area. Workers had to go out and spray asbestos fibres for insulation. This ectivity finally stopped when many wor kers 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 should accept such an allowance. After much feet dragging the management has been forced to concede to several of these demands under union 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 are 28% of the manufacturing costs, while that of Sundaram Abex, another asbestos unit is only 17% of the manufacturing costs. Such costs however should be counted under capital expenditure and not under wages as they are not perks given to workers but are an essential p r e - r e q u isite for the manufacture of asbestos. WHAT CAN BE DONE History bears evidence of i n d u s t r y 's reluctance to give up the use of such a versatile material, without a massive am ount of public opinion and worker pressure. * A move to use appropriate s u b stitutes in lieu of asbestos must be initiated. * As long as it continues to be used, itB use must be regu lated by the most rigorous control. * While it is necessary to use the existing' law for some pr otection, it is necessa r y to ask for new provisions to be incor porated (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 at the factory/plant level and union representatives who have access to facilities and records, both administrative end medical. * They must also insist on the right to information regarding 25 details of materials/chemicels used processes and hazards inv olved, and such other information aa is relevant to the health of workers in the industry. # Workers must presB for the revision of compensation rates acco rding to current price levels. * If a worker who contracts an asbestos related disease is retr enched after the disease is identified, then the manayement should bB pressurized to pay a compensation till his death. Workers must in addition demand compensation from thB Company, in instances of deaths resulting from asbestos related diseases, even after retirement. ** 26 SOURCES 1. 2. 3. 4. 5. 6. 7. B. 9. .10 .11 12. 13. Occupational health hazards by Hunter (Central Labour Institute Library, Bombay) The Factories Act 1948, Maharashtra Killer Asbestos! Special Report I Business India - Jan 17-30, 1983. Edition 1982. Meenakshi Bahara, Double Standards! Asbestos in India, Barry Castleman; New Scientist, 26 February 1981. The asbestos connection; J. Kumar, Science Toda^ 1982. Asbestosis! A Killer disease.Audhyogik Jeevan Manch, 3/3, Renuka Apartments, 135/5, Erandwana, Pune - 411004. The selling of Asbestos! Barry .A. Castleman and Manuel J. Vera VBra, Science Today, July 1982. Information from news clippings. Information from CMIE (Centre for Monitoring Indian Economy) Asbestos plant threatens a village in India, Bob Wvrick reprinted from Newsday, Dec. 16, 1981. Information provided by the workers Health and Safety Unit 29, Bhatia Bhavan, Babrekar Marg, Off Gokhale Rd. Dadar (West). Asbestos Disease in the United States 1918-1975 bv Irvino Selikoff, * s Discussions with! (a) Dr. V. Gupta; Central L a b o u r Institute, Bombay. (b) Dr. Surendra Nath; Central L a b o u r Institute, Bombav (c) Workers of asbestos units. (d) Mr. K.P. Menon, Labour advocate. 27 The following publications are available at the C.E.D.iRaalth Cell publications 1 Abuse of female hormone drugs - Counterfact No. 1 - Free. 2. Bleeding for Profit - Counterfsct No. 2. - Free. 3. Injectablsoi Immaculate Contraception? - Counterfact No. 3, Freer 4. Health and the Work-place - Counterfsct No. 4. - Free. 5. Asbestos - The dust that kills - Cbunterfact No. 5 - Free. Research Publications 6. Aspects of the drug industry in India - Mukarram Bhagat 7 Operation Flood - Development or Dependence? - C.E.D. Research team B. Land Degradation! India's Silent Crisis _ A Cite P u b l i c a tion by Mukarram Bhagat ' 9 The Tenth Month - Bombay's Historic Textile Strike - Factsheet 1 Collective . Occasional papers 10. Indian Economic Policy - Post IMF - by Mukarram Bhagat. 11. 12. 1 3. Controlling Multinational Monopolies - A Case study by ,'H.K. Paranjaps The State In India by Sharadchandra S. Jhaveri. Goverment 1 Big Business In India by Ajit Roy. 28 ABOUT CED The Centre for Education L Doc umentation (CED) is an i n d e p e n dent non-profit organisation involved in resBarch-curr.-a-tion oriented programmes, catering to the need of scholars, profe ssionals, students, development workers artd other concerned individuals* Established in 1970, and registered under the Societies and ' Trusts Acts, the CED collects, collates, researches and disseminates information on a wide range of subjects of social importance* Besices 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 and abroad. Above all, the CED provides a focal point for like-minded individuals and groups to interact with one another in order to relate theory to experience and action, in the respective areas of involvement* THE CED HEALTH CELL specialises nation of information concerned touch with other similar groups ntry. in documentation and dissemi with health issues. It is in in various parts of the cou Our address I Centre for Education &. Documentation 3, Sulemen Chambers, 4 Battery Street, Behind Regal Cinema Tel* 220019 Bombay 400039* (Open 11.00 a.m. to 7.00 p*m. on weekdays. to 2.00 p.m.) Fridays 11.00 a.m.