Workmen's Compensation (Occupational Diseases) Convention (Revised), 1934 (No. 42) - India (Ratification: 1964)

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Referring to its previous comments, the Committee notes with interest the significant measures taken by the Government over the reporting period with a view to ensuring the effective implementation of the Convention, following which awareness of occupational safety and health (OSH) has considerably improved throughout the country. The Government indicates that the Institute of Occupational Health and Environment Research was established in 2012 with the aim of developing a centre of excellence in the field of occupational health, including occupational diseases. The centre is now actively involved in data collection pertaining to occupational diseases and in awareness raising through regular training programmes and workshops. Screening work done at regular intervals is already in place within the five occupational diseases centres established so far in Chennai, Mumbai, Indore, Delhi and Kolkota and a detailed programme is being planned to conduct an occupational health survey in mines in the unorganized sector over a period of three years. A National Policy on Safety, Health and Environment in the Workplace established in 2009 aims at involving and coordinating all stakeholders for improving OSH through effective enforcement machinery, raising awareness and developing standards. Technical directorates provide information and advisory services, and conduct training programmes through regional labour institutes. The Directorate General Factory Advice Service and Labour Institute (DGFASLI) organizes three-month “Associate Fellow of Industrial Health” certificate courses in order to train qualified factory medical officers capable of detecting occupational diseases at early stages and advise factory management on OSH matters – as a result 1,146 doctors have so far benefitted from this programme.

The Committee notes however that, notwithstanding the above measures, only some 51 cases of occupational diseases (silicosis, byssionosis and noise-induced hearing losses) were registered under the Employees Compensation Act for the period 2010–11 and 2011–12. Forty-one cases of occupational diseases (in the cement industry, slate pencil cutting and quartz grinding) were recorded by the Employees’ State Insurance Corporation for the period 2008–12. Observing that the number of registered occupational diseases has remained at a constant low since it last examined the situation in 2012, the Committee asks the Government to supply, with its next detailed report, updated statistics, if possible, showing the results achieved by the measures taken by the Government to build and reinforce the national capacities in the area of occupational diseases.

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

Improvement of coverage and application in practice. The Committee notes that the two Acts through which the Convention is applied were recently revised: the Workmen’s Compensation Act, 1923, was amended by the Employees’ Compensation Act, 2009, and the Employees’ State Insurance (ESI) Act was amended by the ESI (Amendment) Act, 2010. The Committee notes with interest that these revisions broaden the coverage of both Acts and that the Employees’ Compensation Act now provides for the full reimbursement of actual medical expenditure incurred for treatment of occupational injuries, enhances the minimum rates of compensation and sets a mechanism for their re-evaluation from time to time. The Committee notes that the ESI scheme would now cover 15.4 million employees. It observes that, according to section 2(9)(ii) of the ESI Act, contract workers are also covered by the scheme. The Committee invites the Government to provide in its next report information and statistics regarding the number of contract workers actually receiving ESI benefits. With regard to the application of legislation in practice, the Committee observes that the number of detected and compensated occupational diseases remains as low as 50 for the 2011–12 period, three types only of occupational diseases having been registered. While noting the initiatives mentioned in the Government’s report, such as the establishment of the Institute of Occupational Health and Environment Research or the training of dispensary doctors on occupational diseases, the Committee can only conclude that the current mechanisms for screening and compensating occupational diseases are not effective. The Committee therefore once again urges the Government to take more significant action in consultation with the social partners in order to raise their awareness of the risks of occupational diseases and the need to make prevention, screening and compensation of occupational diseases part of the enterprise culture.

[The Government is asked to reply in detail to the present comments in 2013.]

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

Part V of the report form. Application of the Convention in practice. In its previous comments, the Committee requested the Government to supply detailed information on the difficulties encountered in applying the national legislation in the area of occupational diseases and to indicate the steps taken or envisaged to improve the screening and the recognition of occupational diseases. In this respect, in its comments concerning the application of the Convention, the National Front of Indian Trade Unions (NFITU) previously referred to various problems in this area arising from deficiencies in the application of the national legislation concerning occupational diseases, from the ineffectiveness of supervisory measures for upholding workers’ rights and from the arbitrary nature of decisions and procedures resulting in delays in the processing of files. The Government also recognized the need to improve procedures for the diagnosis of occupational diseases.

In its last report, the Government refers to appeal procedures established by the current legislation with regard to occupational diseases and points out that controls and periodic inspections are made in relation to the authorities responsible for compensation issues at both regional and national levels. It repeats the fact that the detection and treatment of occupational diseases is a matter for the four occupational disease centres existing in the country and supplies statistical information relating to the cases of occupational disease in respect of which compensation has been paid during the last five years, namely 31 cases recorded in various sectors of economic activity.

While noting this information, the Committee observes that the Government does not supply the requested detailed information in its report concerning the action it has taken to rectify the dysfunctional aspects of screening and compensation for occupational diseases. Moreover, the extremely low number of occupational diseases recognized in the country does not appear to demonstrate the effectiveness of existing procedures for the recognition and compensation of occupational diseases. The Committee therefore hopes that the Government will provide information in its next report on the measures taken in this respect and would be grateful if the Government would continue supplying, in conjunction with its reports, statistical information on the number of recognized occupational diseases, disaggregated by type of pathology and occupational activity, and on the sums paid by way of compensation as benefits in cash and in kind, etc.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee has noted the information communicated by the Government in its latest report as well as the comments made by the National Front of Indian Trade Unions (NFITU). In its comments, the NFITU alleges that the legislative provisions relating to compensation for employment injury are not properly applied. Application of these provisions is not subjected to effective supervision machinery to guarantee respect for the rights of the persons concerned. The trade union reports decisions taken arbitrarily to deprive the victims of their rights as well as overt or covert endeavours to prolong the processing of the cases. Finally, the NFITU considers that the authorities apparently lack the human orientation needed for processing and settling compensation in an equitable manner.

The Government recognizes in its report that diagnosis of occupational diseases must be improved. In this regard, the Employees' State Insurance Corporation has made arrangements for training of its doctors in occupational diseases and to set up occupational diseases centres in each of its four hospitals.

The Committee notes all this information. It would be grateful if the Government would supply in its next report further detailed information on the difficulties mentioned by the NFITU in applying the legislation and would indicate the measures taken or envisaged to improve diagnosis of occupational diseases. The Committee also requests the Government to provide detailed information on the practical application of the Convention, in accordance with Part V of the report form, particularly on the number of cases of diseases or poisonings which have been reported and the sums paid by way of compensation.