Flat 7, 9th Floor, Block A, Fuk Keung Industrial Building66-68 Tong Mi Road, Kowloon, Hong Kong.

ANROEV Central Secretariat, Environics Trust,177, Neb Sarai, Main IGNOU Road, New Delhi-110068

Ph - 91-11-29531814, Email - anroev@gmail.com Web - www.anroev.org

Bangladesh Occupational Safety, Health And Environment Foundation (OSHE )House no.9 (1st Floor), Lane no. A, Road no. 1,Sector no. 6, Mirpur, Dhaka-1216, Bangladesh.

21-22 April 2016. Dhaka, Bangladesh

1

Background

The strategy meeting included focused discussions on The meeting was organised as a response to the issues and

needs identified by AMRC's partners and ANROEV network the following topics:members on assistance for grassroots victim's right groups in

§Medical - diagnosis of victims in vulnerable and the areas of identification of victims, treatment, litigation, marginalised communities rehabilitation and compensation. This sub regional meeting

will be a part of the long term process of strengthening the §Legal - litigation and compensation towards victims

grassroots initiatives and transferring learning, strategies and of occupational diseases

campaigns so that it will make the ANROEV network more

robust by building on learning and experiences from the §Advocacy and campaign - efforts made by the ground up nationally and then to the sub region. grassroots both locally and within different regions of

the country

The outcome of these initiatives in 2016 will serve as the

catalyst and contribute to the learning process afterwards

which will lead to empowerment and enhanced capacity to

bargain for their rights on OSH and will then feed back into the

network members work and updates in the ANROEV

The South Asia sub- regional strategic meeting on OSH took conference 2017. There will be detailed reports of the sub

place in BRAC Inn in Dhaka on April 21-22, 2016. The regional meetings as documentation to assist in their

strategic meeting brought together 20 activists, victims, trade organising initiatives on the ground later.

unionists and advocates from Bangladesh, Pakistan, Sri

Lanka, India and Nepal. The two-day meeting had several

group efforts to identify future campaigns and strategies for

the upcoming year where energy should be focused nationally

and regionally. Although participants from Pakistan were not

able to join the meeting due to visa problems, they shared their In the South Asian region especially in India, advances have views using modern technology (Skype conference)been made towards obstacles faced in terms of medical

camps for diagnosis of victims in vulnerable and marginalised

communities, achievements in litigation and compensation

(NHRC, companies etc.) towards victims of occupational lung

diseases. In Pakistan, as a result of the medical practitioners

training, similar initiatives are being taken to identify victims of

occupational lung diseases in remote areas where

marginalised groups of workers are involved in construction

and stone crushing. In Bangladesh the victims' rights network

of both Tazreen Fashions and Rana Plaza have been able to

articulate and engage with groups expressing their demands

for compensation and rehabilitation. In addition to these

issues, there have been initiatives of working with

environmental groups in India on common concerns and

looking at ways of working together.

In order to deepen understanding on identification of victims,

treatment, litigation, rehabilitation and compensation in South

Asia, AMRC, ANROEV and OSHE jointly organized South

Asia Sub Regional Strategic Meeting to identify the issues and

needs by AMRC's partners and ANROEV network members

on assistance for grassroots victim's right groups.

Workshop Summary

South Asia sub-regional meeting

The meeting started with a welcome speech from

of AMRC, shared a short presentation explaining the objectives of the workshop.

Saki Rezwana Chairperson of OSHE.

Omana George, Program Coordinator-OSH

Day 1 (April 21, 2016)

Groups were made country wise to identify and map from work till they got a bonus and wage hikes. The workers

significant events/ key milestones/ gaps chronologically which were also demanding major changes in the Bombay Industrial

helped shape the OSH movement in their country with a Relations Act. Nearly 250,000 workers at more than 50 textile

timeline through the decades starting from the 1970's. After mills went on strike in Bombay, hoping for a better future. A

group work the participants reported back with a chart that few months later, in August 1982, the city police briefly struck

illustrated significant events that shaped the movement their work, apparently in sympathy with the workers, and the

nationally and what were the key trigger points, issues, laws or army and Border Security Force had to be called in to control

events that shaped it to be what it is currently. the unrest. It was a turning point for workers right struggle in

Bombay.

After few years of the strike, in 1984, Bhopal gas tragedy

occurred which is considered the world's worst industrial

disaster. It was estimated that over 500,000 people were Jagdish Patel, Peoples Training and Research Centre

exposed to Methyl Isocyanine (MIC) gas and other chemicals. (PTRC) shared about the labour movement of India. He

The government of Madhya Pradesh confirmed a total of informed that most of the labour laws in the country were

3,787 deaths related to the gas release. A government incorporated during the British period with some modifications

affidavit in 2006 stated that the leak caused 558,125 injuries, during the last 50 years. Some important acts / events are as

including 38,478 temporary partial injuries and approximately below

3,900 severely and permanently disabling injuries. Others §1881 - first Factories Act estimate that 8,000 died within two weeks, and another 8,000

§1923 - Worker's Compensation Actor more have since died from gas-related diseases. This

§1945 - Silicosis and Mines Act incident resulted in major changes to the existing Factories

Act.§1948 - Workmen Compensation Act

Movement Patel shared that in 1981 the Great Bombay These two major incidents are considered as big turning Textile Strike was called and it was the turning point for points in India in terms of workplace health and safety issues. workers movement in India. Trade union leader Dr. Datta Since 1984, individuals or local activists/representatives have Samant was the leader and he told mill workers to keep away played vital role on OSH. They have worked on organising the

India

victims. Important Organisations like Participatory Research December 2014. However he raised the issue of migrant

in Asia (formed in 1982), Vyavsayik Swasthya Suraksha labour from Nepal which is responsible for about 30% of the

Mandal (VSSM) formed in 1986, KSSM (formed in 1996), GDP of the country but every day at least 3 Nepalese migrant

OSHA, OHSC, PTRC have played a substantial role in the workers die in foreign country. There are also many who are

field of OSH in the country. suffering from lifelong disease like kidney failure, skin problem

or disability through fatal or non-fatal accident.

Ram Charitra Sah, Executive Director of Centre for Public

Health and Environmental Development (CEPHED) shared

about the significant events/ key milestones/ gaps on OSH

movement in Nepal. He stated that Nepal is governed

according to the new Constitution which was notified in 2015.

It has nearly 42 rights. Ram shared some of them-

Article 16: Rights to live with dignity

Article 17: Rights to freedom: opinion and expression/

assembly/unions/associations

Article 18: Rights to equality:

�No discrimination on the ground of origin/

religion/race/castle/tribe/sex/physical

condition/ideology

�No gender discrimination regarding

remuneration for same work and social Menaha Kandasamy, from Ceylon Workers Red Flag Union securitypresented her work. She said that due to establishment of Tea

Article 27: Rights to information Board in 1820, rapid development of the plantations in the

country was witnessed. Apart from this some small urban Article 29: Rights against exploitation

based industry started especially readymade garments Article 30: Rights regarding clean environment industries. Because most of the workers are informal so there

remain health and safety issues with no available social Article 34: Rights regarding labour

protection for these workers.�Proper work practice

By 1883 some left minded middle class youth raised rights �Appropriate remunerationissues and as a result the first strike was observed. In 1922,

�Rights to form trade unionsfirst trade Union movement started and eventually in 1931 a

lot of labour rights were won. However, soon Sri Lanka faced Article 35: Rights to health caremajor economic crisis and employers reduced workers salary

Beside Constitution, there are some laws governed by Nepal as a result. After 1970, many more Trade Unions have started Government, they are as below: to work on workers rights.

1. Environment protection law 1997Now a days, Trade Unions are working on the issues of rights

- Based on a legal case of Godavan Marble industry to live, equal wages for same work, labour rights,

compensation etc. Along with the unions, NGOs stared to - Has compulsory pension for any damage to health work on awareness, gender issues and other new areas. But problemboth are working to establish labour law particularly focused

2. Provision of OSH in Labour Act 1992 (Chapter 5, on OSH.

Article 27-36)

- Industry / Construction / transport / civil science /

agriculture

- medical check-up for workers at least once in a year

3. Foreign Employment Act 2007/regulation 2008

ILO Conventions - hazardous workers-compensation-

guideline 2016

He also mentioned that CEPHED campaigned for a Ban on

Asbestos and has been successful with a ban notified on 22

Nepal

Sri Lanka

32

Session 1 Identifying And Mapping Key Issues In Different Countries

Bangladesh Pakistan

Presenting for the Bangladesh group, China Rahman, Khalid Mahmood of Labour Education Foundation updated

General Secretary of Federation of Garments Workers (FGW) about the situation of labour issues in Pakistan through Skype.

said that Bangladesh labour movement and its success are He stated that it is unfortunate that even after the very sad

divided into two periods, first period was from 1972 to 2000 incident at Ali Enterprises, the government, trade unions and

and second period from 2001 to till date. other stakeholders are not able to build a bond to put

sustained pressure for change in labour laws, OSH issues, She said that at present occupational accidents are rights etc. They are not able to compensate the accident happening. The export oriented industry is expanding along victims and families. The company responsible for the with which the worker's movement is also happening in accident itself fixed the compensation amount. The incident Bangladesh for social protection and OSH issues due to lack showed how difficult it is for bringing about a change in the of implementation of labour law at ground level. There was a workers life.time when workers were fighting only for Job Security but now

they are also fighting for their wages.In Pakistan nearly 75% workers are informal workers and

health and safety issues are missing for both formal and In that era Bangladesh had only some ordinances namely the informal sectors. The informal workers are not covered by 1923 Workman Compensation Ordinance and Factory Act labour laws nor do they have access to any social protection or 1965. Bangladesh had faced first industrial disaster in 1990 at welfare fund. Moreover the wages are low and in some cases Saraka Garments Factory, a fire in the factory in which nearly way below the minimum wage. The highest number of 27 workers died. That was the wake-up call for the employment is found in agriculture. Agriculture is followed by Bangladesh labour movement on OSH. As a result of this home-based work in terms of number of workers. Home-accident, the Bangladeshi workers started organizing based workers are mostly women and children. gradually.

In Pakistan, textile industry is the biggest industry. Small to From 2001 to 2015, Bangladesh has some significant severe incidents with injuries happen frequently. But very few achievements and workers have started discussions on OHS of these incidents are reported in the media. No one wants to issues because they have a platform to discuss these issues. take care of labour issues and labour inspection is not done Readymade garments (RMG) sector is more compliant and it properly.has a labour law passed in 2006.

The power loom sector also faces various H&S related

incidents. The looms are mostly located in Faisalabad. In this

sector, large number of workers are known to be suffering

from lung diseases.

The situation is the same in factories in and around Karachi

with workers suffering from lung diseases and hearing

problems. A lot of accidents happen when workers clean

heavy machines, they are exposed to contaminated water,

chemicals and there are several cases of electrocution.

But the turning point was Tazreen Fashions fire (2012) and Mahmood also shared that in terms of organising strategies, Rana Plaza building collapse (2013). After these accidents the first bangle workers union was registered in Hyderabad in Bangladesh Government has amended labour law in 2013 December 2009. The workers were able to identify the and adopted “National Occupational Safety and Health Policy employer, and through this process, even the workers were 2013”. Bangladesh Labour Rules 2015 are also published and identified. government in collaboration with NGO/INGOs has started

work of up-gradation of Department of Inspection of Factories

and Establishments (DIFE). In a question on movement in terms of involvement of Trade

Unions and other stakeholders, he stated that, in Pakistan the In reality, occupational & environmental health issues are still trade unions situation is not good. TU and NGOs always face lagging. All sort of emphasis or priority goes towards export government pressure, and workers are always fighting for a oriented industry/sector only. Other sectors particularly right for freedom of association. H&S issue is not a priority informal sectors are not getting any focus in term of OHS. After issue for the Tus. two big accidents all the stakeholders are working only for fire

& building safety while other OHS issues are ignored. Women

and youth particularly migrant women workers and

adolescent are most vulnerable in terms of health hazards,

reproductive health, harassment and so on.

54

Presentation by People’s Training

Research Centre (PTRC), India

victims in several forums and courts. Other organisations like

MLPC and PRASAR have also filed similar cases.

In India first Silicosis victim in the informal sector received

compensation in 2013. Before that in 2010, the National Jagdish Patel from PTRC, India said that since 1992, PTRC Human Rights Commission (NHRC) recommended has been working to improve working conditions in India. compensation in the case of Juwan Singh from Madhya Much of the PTRC's work has focused on occupational lung Pradesh which was the first order of its kind. The commission disease, particularly silicosis among agate craft workers. recommended paying INR 3 lakh to 238 silicosis victims' PTRC has brought medical services to workers, pressured family who had died due to silicosis; the activists and leaders industry sectors and associations to mitigate exposures by have filed a case in the Supreme Court against the putting enough ventilation equipment and has been government's refusal to pay compensation to the victim's instrumental in legal action to bring financial recompense to families.victims.

Patel said that victims are still unwilling to organise due to The Rajasthan government established a Pneumoconiosis

fatalistic thinking, unable to participate in meetings due to long Board in 2013 to diagnose cases of pneumoconiosis that has

working hours, low literacy, and no time for socializing or for taken a toll on the lives of many mine workers in the state. This

attending meetings, expectation of immediate result

particularly economic gains, pressure from capitalist class, board has so far diagnosed more than 4000 cases. The lack of alternate employment or livelihood opportunities. government has passed a regulation that workers who die due

to pneumoconiosis would receive INR 3 lakh as compensation He added that Silicosis is an occupational disease which

and compensation of one lakh for those who are still alive. causes problems to workmen exposed to silica dust. But this

Late in 2014 a regulation was passed in Gujarat that INR 1 disease is not being diagnosed and most cases are still being

Lakh would be given in case of death due to Silicosis. diagnosed as tuberculosis (TB). PTRC has filed several

complaints for compensation and rehabilitation of silicosis

Session 2 Victims Organising, Litigation & Compensation

After Rana plaza and Tazreen Fashions Fire incident, many 6. Minimum wages was increased by about 77% since

unions were formed in the garment sector. Now Bangladesh December 2013

has 336 registered TU in the RMG sector. Bangladesh also 7. Adoption of a tripartite National Plan of Action on fire

ratified ILO Conventions 98 & 87. But in reality, workers have safety and structural integrity.

no freedom of association. Moreover trade unions have very

poor democratic processes. There are many TU and NGO 8. Better work program, strengthening of Ministry and the which work for victims but there are no special initiatives for DoL is also ongoing.victim's to organize.

Bangladesh has a strong labour law and Ministry of Labour Challengesand Employment has passed relevant rules but the

implementation of rules and laws is very poor. Mutual Though much has been achieved, Bangladesh still has many understanding between owner and victim is the only way to challenges on OSHfind a remedy instead of litigation. Because of corruption, low

�Physical health hazard and psychological problemsimplementation of laws, lack of money & documentation,

justice is difficult to achieve. �Unemployment

�Proper justice for Tazreen Fashion Fire A c c i d e n t a n dLabour activists, TUs and civil society have raised demands

Rana Plaza victims - Delay in paying compensation is for implementation and adaptation of National Occupational

costing livesHealth and Safety Policy 2013 and campaigning for formation

of active Safety Committee at factory level. �Ensuring social protection for the workplace accident

victims and affected families

�Build up a national social protection or security scheme Compensation i.e. Employment Injury Insurance

There are two options open for a victim who has suffered an

injury arising out of and in the period of his or her employment. Way ForwardThey can claim for compensation under Chapter XII of the

Labour Act under which they get as compensation�Adoption of the Bangladesh Labour (amendment) Act,

�For deceased - one lakh Tk 2013 that further strengthens fundamental rights, with

improvements in relation to occupational safety and �For injury - 1.25 lakh Tkhealth, freedom of association and collective bargaining.

The workers can also file a civil suit for damages against the �Adoption of National Occupational Health And Safety employer

PolicyWorkers are not satisfied with this amount and demand

�Immediate settlement of due compensation for all rational compensation based on “Loss of Future Earning” and deceased and injured workers of Tazreen Fashion Fire “Pain and Suffering” principles. Accident and Rana Plaza victims

�Unified standard for safety inspections and public Some achievements after RP summary reports.

After Rana plaza, Bangladesh has some achievements which �Provide rehabilitation facility to the injured; particularlyare appreciable such as disabled workers in an effective and permanent way;

1. Amendment of Bangladesh Labour Law 2006 in �National cell for occupational accident database

July 2013

�To undertake unified initiatives for concerned 2. Adoption of the 'National Occupational Health And Safety stakeholders. Policy'

3. Formulation of Labour Rules 2015

4. Bangladesh Labour Laws for EPZ

5. Up-gradation of DIFE - Now DIFE has nearly 500 factory

and establishment inspectors who are being trained by

ILO. It has started a 24 hour Hotline phone service for

workers. DIFE is working on a publicly accessible

database.

76

Patel said that compared to the informal sector, formal sector

have better conditions where almost all workers have atleast a

legal right to claim compensation. However, in India, 93% of

the workforce is in the unorganised sector which has no legal

right to claim compensation.

A.R. Chowdhury REPON, Executive Director of OSHE spoke Under the Indian Constitution, Article 21 provides for “Right to on workers safety in Bangladesh. He said that as per ILO Live” which has been violated in the case of unorganised estimates in Bangladesh about 12,000 workers suffer from sector (with no clear employer) therefore State is responsible fatal 'accidents' and a further 24,000 die from work-related to pay compensation to occupational disease victims. Many diseases each year. He also shared OSHE's latest Workplace workers are part of a supply chain, but they consider Accident Monitoring Report from 2015 as per which 951 themselves as self-employed and the employers do not give workers were killed and 907 were critically injured at different them any proof of employment. workplace accidents in the country.

He also shared statistics of State of Workers Safety in Patel said that for litigation workers needed money, evidence

Bangladesh from 2010 to 2015 gathered by OSHE through and time and as a result most do not go for litigation.

the Workplace Accident Monitoring Survey:Unfortunately the judicial system is also corrupted, slow and

unreliable. The situation where workers cannot get justice in a

reasonable time makes them fatalistic. It is generally believed

that if you have money you can buy justice. With money

employers can prolong the case and harass the opponent by

taking adjournments or injunctions, and keep delaying the

case.

Patel said that they have struggled at every step and the

struggle for justice is very tiring. In some cases workers, even

when they get the verdict in their favour, to get the verdict

enforced becomes a problem. Way back in 1989 Supreme

Court of India had passed an order on Asbestos that has

largely remained on paper. In Baroda we had great difficulty in

getting Rs. 53,000/-as compensation for a migrant worker

who had suffered from an industrial accident.

Presentation by Occupational Safety,

Health and Environment Foundation

(OSHE) Bangladesh

2010

2011

2012

2013

2014

2015

Year

2453

1121

206

1727

465

951

Dead

1841

636

155

2307

444

907

Injured

4294

1757

361

4034

909

1858

Total

Total 12860 17671 30531

98

The Rana plaza and Tazreen Fashions tragedies ultimately She said that the victims' network had also been experiencing

resulted in the establishment of a new unit of OSHE named that the victims were struggling with their children education,

'Occupational Accidents Victims Support Unit (OAVSU)' to medical treatment and arranging alternative sources of

deal with these workplace accidents victims directly with employment. Currently, we are covering education expenses

special support and services to rehabilitate them in the for 6 children; 4 from Tajreen and 2 from Rana Plaza with the

society. Jorina Begum, Member Secretary of Tajreen financial support of OSHE. Initially, the program was launched

Fashions Fire Accident Victims Rights Network shared her in 2014 for one year as a pilot scheme but now it is going to

experiences. expand for another 6 years.

She shared that OAVSU started working in 2012 just after the

Tazreen Fashions fire incident. Its main activities include CORE Activities of the networkcampaigning, advocacy and enhancing tripartite dialogue.

1. Advocacy, lobby and networking with other stakeholders �The unit has been supporting the workplace accident

for fair compensation, medical treatment and victims to organize.

rehabilitation.

�Raise their voices and needs both locally and globally, 2. Promote victims' voice & demands at regional &

ensure their basic rights.international level through the collaboration of ANROEV

�Provide alternative job training / vocational skills, provide & AMRCthem with proper counselling about different initiatives

3. Facilitate Child Education Support for the bottom line on compensation and rehabilitation issues.

victims family�Provide legal counselling & aid, prepare data base of

4. Arrange medical treatment support for injured workers (as victims and victims' children. educate the victims about per need)how they can properly utilize money received as donation

or compensation and communicate with the concerned 5. Vocational Training and alternative Income source stakeholders. support (limited scale)

Jorina Begum - Tajreen Fashions Fire Accident Victims

Rights Network Bangladesh

6. Right based awareness raising and capacity building - Provide need based medical support

program support.- Follow up the progress of victims compensation

7. Support the victims to make contact with RCCA, TCA & settlement, rehabilitation process and other supporting BGMEA services i.e. long term medical treatment

- Conduct a study on the status of pragmatic use of

awarded compensationActions of the Network- To facilitate easy access for the RP & Tazreen victims

� Prepared database on victims with the aims to Sramik Kalyan Foundation (Labour Welfare

- to ensure actual identification of accident victims Foundation) and different support programs

- to support formal compensation by the - Continue strengthening the support and organizing authority drive for the victims.

� Organized a national conference of Workplace

Accident Victims on December 14, 2013 at BIAM

Foundation, Dhaka

Commemorating of Tazreen Fashions Fire

Accident

- Year one - Demonstration

- Year two - demonstration in front of Walmart Country

office with 4 points key demands. Walmart Dhaka Menaha shared the OSH situation at workplace in Sri Lanka. office refused to meet with representatives and did not She said that in Sri Lanka, health and safety issue is relatively receive the memorandum.new. But trade unions handle the issues when approached by

- Year three - Demonstration the workers. She also shared that she is not aware about any

organisation that is focusing on H&S issues on a priority basis. In a way, the network has continuously been joining different

national forums and platforms for promoting occupational

accident victim rights movement and also for main streaming There are three parties which are responsible to prevent OHS their voice and representation in different development related risk, problems etc. As per law, all workers have rights processes. to work in a place where H&S is completely controlled.

Government responsibility is to bring new laws, proper

implementation and monitoring. Workers also have some Lessons Learned duty and in case they see any H&S related issues, they should

complaint. But unfortunately most governing bodies in Sri - The occupational accidents survivors & victims'

Lanka whether it is government, TU, activists including families got a big platform for raising their voice,

general workers are not well informed about OHS issues. position and demands at national, regional and

There is a National institution on OHS but its functioning level international levels as an equal party

is poor though it has a strong mission, vision, curriculums,

trainings and so on. - Victims were united and placed uniform demands in

the process of compensation & rehabilitation

settlement Besides Sri Lanka also has an Association of Health and

Safety which has a good mission statement but it is not - Emerged as a group to settle their demands by confirmed what kind of institution or organisation it is. collective actions ensuring engagement with the However recently H&S policy has been developed and authorities concerned. handed over to the cabinet which has approved the policy. So

- Occupational accidents victims movements in considering these issues there are some laws that cover H&S Bangladesh got a new momentum and well connected policy but there are still gaps in terms of covering all the with international occupational accidents victims' rights workers. movements

Apart from these Sri Lanka has a Factory Act which covers

H&S issues but its implementation is poor. It has three main Way Forwardareas - general hygiene section for health like cleaning etc.,

- Continuation of strengthening the occupational safety section and social safety section in terms of welfare. It accidents victims movement has a special section on H&S related to how to report any

Presentation by Red Flag Movement,

Sri Lanka

Session 3 Strategies For Victims Organising, Litigation & Compensation

Day 2 (April 22, 2016)

1110

occupational accident or injury. asbestos and stated that there have been positive initiatives

taken by the government of Sri Lanka to ban asbestos.

According to ILO estimates there are about 60000 cases of

work place injuries but as per official records there are only

4000 such cases which implies that either workers are not

reporting about OHS cases or they are not being recorded

properly.Sammar Singh Lama, member of GEFONT Bagmati Zonal

Committee presented on OSH situation in Nepal. He said that Menaha also shared her work experience with tea plantation at present it is estimated that nearly 12 million workers are workers, domestic workers, construction sector and garments engaged in employment in Nepal. Based on the classification workers. She said that mostly tea garden workers are females of industry 73.9% are engaged in agriculture sector and only and they have to carry a heavy basket. They do not even have 26.1% are engaged in non-agriculture sector. The any safety measures. The workers do not have access to any International Labour Organization (ILO) has estimated that hospital/clinic/sick room and there are few doctors available. approximately 270 million workers suffer from occupational They do not have toilets, rest rooms, pesticides and chemicals accidents and 160 million people are suffering from are handled improperly and there are several other issues. occupational diseases each year. Approximately 2.2 million

people die of occupational accidents and diseases each year.

It is estimated that each year approximately 20000 workers In garments sector, they do not maintain cleanliness. They

meet accidents at workplace which lead to about 200 lives lost have more workers but few toilets considering numbers of

in Nepal.workers. Under Factory Act, garments factory should have a

toilet for every 20 workers but that is seldom the case.

Situation in a big or brand factory is comparatively better but The major cases and causes of occupational hazards are there are serious concerns about H&S issues in small or found in the industrial sector. The losses due to these contractual garments factory. In a small factory, there are no accidents and diseases at workplace are not a loss merely to fire exits and pregnant workers suffer a lot. They are not the industries but physical and economic loss to the society provided with any safety equipment. In many places, and nation as well. Some of the major reasons for problems in garments workers are not allowed drinking water or toilet the workplace include - unsafe working conditions, lack of breaks during working hours. During lunch time workers are supervision and training, use of old machinery and allowed to go to the toilet, but during the working hours if they equipment, lack of sufficient maintenance, bad house-want to go to the toilet, they need to hand over their ID card keeping practices, violation of safety rules, and overcrowded and take a token. Most workers do not like this hassle so they production units with very congested space are seen. prefer to go to the toilet only at lunch time and avoid drinking

water. Most garments workers suffer from back pain and High risk for safety and health has been observed while

injuries. working with machine and equipment, use of electricity,

building and construction works and use of chemicals in Domestic workers face a lot of obstacles. They do not have industries.proper sleeping place, do not get proper food, long working

hours, no safety equipment, unsafe and unhygienic cleaning

methods etc. They also suffer from body pain. Same situation Legislative provisions on OSH in Nepal have been noticed in the construction sector.

Nepal has not yet ratified the ILO Convention No. 155 on So in most workplaces in Sri Lanka, OSH issue is not taken as Occupational Safety and Health. But newly drafted labor law a priority issue and even the trade unions do not take these covers some important issue of OSH issues as priority and concentrate on other issues. We need to

have an action plan for the way forward. Such as:

Coverage�Social awareness

The law covers manufacturing, agriculture, forest and fishing, �Mobilization

construction, electricity, gas, drinking water, health related �Lobby with government to create policy and ensure and sanitation, transportation, godam (store) and

implementation communications, hotel and restaurant, finance, insurance,

real state and trade and commercial business, public service �Proper training on OSH

and mine and quarrying etc.

�Study to know the ground situation on OSH issues

�Separate policy and laws for OSHGeneral duties relating to safety and

In addition Sugio shared some information regarding health at work specified include

Presentation by GEFONT, Nepal

�Awareness program for safe & clean workplace and �Duties of responsible person of the workplace, healthy life.

�Duties of manufacturers, importers, suppliers and �Partnership with employers for sound workplace installers,

management.�Duties of workers,

�Pressurising for waste and sewage management.

�Duties of other persons - Duties of employers and self-�Joining hands with international Agencies like ILO for

employed persons to non-workers and Duty to work in cooperation on OSH

formulate safety and health policy.

�Cooperation with genuine NGOs on the issue of OSH There are few provision regarding safety and health that & environment.are more or less similar provision of the chapter 5 of Labour

act has been mentioned and non-disclosure of information.GEFONT has developed a separate OSH Committee for

handling the issue of occupational safety & health. The

committee is working under GEFONT Central Dept. of Labour GEFONT and its OSH activity Relations. Trainings have been received by the committee

members from ILO, ILO Turin, DANIDA, IFBWW, ICEM, and Factories have never taken care of the minimum OSH

Society for Participatory Research in Asia (PRIA) India and standards conditioned by the law due to weak labour

Central Labour Institute (CLI) India.administration and ineffective enforcement mechanism of the

government having poor capability to control the situation. But

we should not forget that the use of safety measures is rare Government has also been working on the issue through

among the workers whether they are illiterate tea plantation project named Occupational Safety & Health Project under

workers, or educated workers of cement and chemical Ministry of Labour & Transport Management. Some efforts

sectors. Thus, negligence both from management and have been initiated through National Productivity & Economic

workers side is a common phenomenon in Nepal. Development Center, which is an organ of National

Productivity Council of Ministry of Industry. Now in

cooperation with DANIDA, the Project called Environment Barriers for sound OSH condition in Nepali industries Sector Program Support has gained good momentum and are:OSH issues under the Project have gained more emphasis.

�Lack of knowledge & awareness among workers Waste water treatment and cleaner production are two of the

major components of this project. Three line ministries - �Lack of awareness and commitment in employers &

Ministry of Population & Environment, Ministry of Industry and management

Ministry of Labour & Transport Management - are involved in

�Fear of change and of cost increase (Management) the project. Workers organization including GEFONT and

employer's organization are also involved in the policy �Poor consultation system

decision as well as implementation procedures. Also the

training on OSH has been given high emphasis under ESPS.�Majority of untrained people both in management &

labour)

In August 2001, Government developed the Occupational �No safety-friendly work culture (both workers & Safety & Health Association as an organisation in a tripartite management)form.

�Lack of research & data-base on occupational

diseases and health hazardsRecently GEFONT has developed GEFONT Cooperative

Clinic, which aims to develop a technical group of OSH Since 1994, the trade union confederations of Nepal,

workers in near future to develop OSH as a significant particularly GEFONT have taken the issue seriously and have

campaign in forthcoming days. He also added that all the laws started awareness campaign on OSH. We are still in the

are for formal sector, informal sector workers' are not covered awareness phase, because the phase of awareness may

by laws. But the activists are continually putting their pressure become very long covering a decade or two. We have

to frame applicable laws for informal sector.considered OSH as one of the component of Workers

Education Program. Second and Third National Congress of In a supporting question of Menaha, Ram said that there are GEFONT has given emphasis to the issue of OSH in following large areas under forest cover in Nepal and several tea manner:plantations and all of them are in formal sector. He also shared

�Partnership with employers and government for that in garments sector, the are minimum wages is 8,200 training programs on OSH. Nepalese Rupees.

�Research for problem identification. Mohit Gupta presented on behalf of OEHNI. He stated that

1312

The board has so far diagnosed more than over 4000 cases of

asbestos and silicosis among workers employed in the mines

and other occupations. As per regulations these workers will

receive compensation within 30 days of filing their claims

directly into their bank accounts. The board has also ordered

several preventive steps like spraying of water at work and

provision of masks. Mobile clinics/van have also been

pressed into service to diagnose more victims.

However, there are some problems in the functioning of the

board

�No clear time line of sitting of the Board and number of

workers to diagnose - once a week or month, 10-

15workers to no limits

�List of probable workers have to be given to board before although the occupational lung diseases are stated to be the by a union or NGO. Walk-ins are generally not entertainedbiggest killer of workers in the country, there are no official

statistics available. �X-ray facilities shut down in the hospital at 12 noon and if

workers come after that time, their diagnosis is not He shared some problems of diagnosis concerning completedoccupational diseases primary of which is misdiagnosis of the

�No follow up treatment or rehabilitation policy for those disease due to the lack of knowledge of the doctor, pressure found suffering except compensation. on the doctor, inability of doctor to relate the disease with

occupational history. As these diseases are compensable and �Some Board doctor not keen to diagnose. Reject all cases notifiable, many doctors do not diagnose to escape legal or order additional tests like CT Scan which are not free hurdles. Even doctors are not well trained to diagnose when forced to diagnose by the activists. occupational disease. Most of the doctors were not willing to

give any written documents. Some of the other steps for increased diagnosis include

conducting medical camps in several areas. The local Other issues include the lack of awareness among workers.

organizations in the area request for medical camp. An initial Most workers are migrant workers and an early death of a

survey is conducted and probable cases are identified which worker has been accepted as a way of life. Another important

are sent for X-ray. A camp is then held with clinical reason is that the workers themselves don't want to be labeled

examination and other tests for diagnosis. Several camps as suffering from an occupational disease which reduces their

have been orgaised in new hotspots like Ganj Basoda where employability. In many areas appropriate medical facilities like

sand stone mining activities take place. In two medical camps X-rays are not available or technicians are not properly

conducted more than 70 workers have been identified as trained. For x-ray, workers need to go so far, and many a times

suffering from silicosis. Some cases with pleura calcification the quality of the x-ray is poor. The government officials also

have been found and are being investigated. Even cases of lack a human approach and human life is considered

silicosis in children as young as 8 years old have been expendable. They consider workers like cattles and

identified. In Raigarh among the stone crushing /ramming sometimes they are not even willing to talk or touch them.

mass industry 8 workers have been identified. In Gohad, there

are stone quarries & crushers workers among which 17 To avoid these situations some steps have been taken for suspected cases were identified.increased diagnosis like a pneumoconiosis board by

Government of Rajasthan has been formed under which there In addition, a weekly clinic run by PTRC for identification of is a panel of 3 doctors in every district for diagnosis of cases of Silicosis victims has been operational in Khambat since 2007 occupational lung diseases. Once certified, sufferers are which has certified 350 cases so far. given compensation by the government which is INR 100,000

for living person and INR 300,000 in case of death to the family Pneumoconiosis board by Government of Rajasthan members.organized a short training on Occupational Lung Diseases

�To maintain and promote the physical, mental and social attended by nearly 30 doctors. Dr. V Murlidhar trained these well-being of the workers.doctors on ILO chest radiograph.

�To adapt the workplace and work environment to the In addition, two doctors were sent to Malaysia to receive needs of the workers i.e application of ergonomics training on Occupational Lung Diseases sponsored by principle.AMRC. Trainings and meetings are also being organized with

�Support to help receive compensation for occupational workers to increase awareness on occupational health and disease and injuriessafety.

Occupational diseases diagnosis and treatment program in During the course of the work, some issues have been

OSHEidentified which include - non availability of trained physicians

for diagnosis in the medical camps. Villagers/workers assume �Identify a problem and estimate its magnitude

these camps to be general health camps and bring family

members while requesting for medicines for general ailments �Identify groups at risklike fever. Cost or non-availability of x rays.

�Monitor illness/injury trends in time and geography

�Identify cases, workplaces, and industries for attentionResult of increased diagnosis include

�Identify new illnesses and hazardsIn Raigarh- After diagnosis, factories have been closed due to

�Ban Asbestos in Bangladeshpressure from people. Cases under Workmen's

Compensation Act are being prepared and action will be

initiated against erring government officials.

In Gohad- pressure after diagnosis led to closure of several

illegal stone crushers, district administration has initiated

steps for prevention like spraying of water at work. Increased Dr. Murlidhar stated that he worked in Médecins Sans awareness among workers and villagers to protect Frontières (MSF) that works to provide essential health care themselves from dust.to vulnerable groups in Bangladesh. It has been working since

1992. MSF has worked for Malaria, diarrhoea, cyclone etc. At Ganj Basoda increased diagnosis has led to increased

They also established a 100 bed- hospital in Cox bazar for the awareness among people regarding the diseases. Cases are

Rohingya people. being prepared to be filed in NHRC. Interaction with

government officials has however not led to desired results. Now MSF is working in Hazaribagh and Kamrangirchar, a part

of Dhaka South City Corporation area. MSF has established a

In Rajasthan, pneumoconiosis board has been setup while in small clinic to identify workers suffering from occupational

Gujarat the government has issued a notification for diseases. He added that he has conducted a needs

compensation for agate workers. assessment at the site and has learnt about high mortality in

the area. He showed some photos of the work places where

the working conditions were extremely poor. He added that he

has been able to diagnose the first case of noise Induced

hearing Loss in Bangladesh recently.

Program Officer, OSHE Arifa shared that the joint

international labor organization committee on Occupational

health, 1950 defined occupational health as “The highest

degree of physical, mental and social well-being of workers in

all occupations.” It represents a dynamic equilibrium between

the worker and his occupational environment.

OSHE has a goal towards diagnosis and treatment that are-

�To reduce industrial accidents.

�To prevent occupational hazards/ diseases.

�To achieve maximum human efficiency and machine

efficiency.

�To reduce sick absenteeism.

Presentation by Dr. V Murlidhar, MSF

Bangladesh

Presentation by OSHE, Bangladesh

Presentation by OEHNI India

Session 4 Diagnosis And Treatment

1514

Nepal

Bangladesh

Sri Lanka

sector, for that there is a need to train doctors on

OHS. There is also a need to train union's

Ram discussed that Nepal needs to study existing provisions representatives to increase awareness.

(law, institutes and protocols) with OHS medical Step 3: Discussions/meetings with other trade unions

professionals, toxicologists, trade unions and NGOs. /organisations/leaders and media campaign.

Existing laws will be identified along with He stated that there are many sectors where there is a need to compensation mechanism and a gap analysis track OSH issues but the three most vulnerable sectors in performed.terms of occupational health risks are brick kilns, cement

workers and stone crushers. These sectors need diagnosis Step 4: for identifying occupational diseases victims. Nepal also

�Plan to get first compensation, needs to make a country OSH situation report.

�Plan the step to lobby & NIOH to function

Another important thing is case identification, because first Step 5:

case establishment is really important. If first case �Special section for OHS Red Flags Union. identification is done then options will open for other

vulnerable sectors. But this case identification is a big �Good and independent monitoring system for OHS challenge for Nepal due to in-appropriate medical check-up team,facility, certification and processes for compensation.

It was suggested that we should find ways to use NIOH

resources for diagnosis, training etc. Menaha shared that they He also stated that there is a need for lobbing for an exclusive will approach NIOH for support. She also added that their OHS policy because its functioning level is still very poor. union is presently working with the tea plantation workers, GEFONT board members are now in touch with members of garment workers, domestic workers and that they will start parliament, so we have the potential power to use for lobby at with the research on the current situation in these sectors the policy level to demand for an exclusive OHS country before progressing on to the mobilising, training, diagnosis policy. OSH Policy may include diagnosis system, etc. compensation, regular monitoring and evaluation system. For

sustainability we need to find funding mechanism to sustain

the system being built in Nepal.

Nepal also needs to have a campaign for welfare of migrant

workers because each year a large number of people go Program Officer of OSHE presented the group work on behalf abroad for earning but unfortunately a large number of of Bangladesh. She stated that the most vulnerable sector in workers migrate illegally and each day nearly 3 migrant Bangladesh includes garments, ship breaking, tea plantation, workers die abroad. Apart from this mechanism to help stone crushing, plastic, metal/chemical/steel/rolling, tannery, migrant workers who want to return also needs to be jute/cement/fertiliser, brick kiln sectors etc. developed. There needs to be a regular monitoring of such

In Bangladesh mostly workers are facing issues related to workers. ergonomics, chemical contamination, hearing problems, lung

Besides media campaign is also needed for mass awareness diseases, TB, Hepatitis B & C, reproductive health hazards on the issues of OHS. (irregular menstrual cycle etc.) and skin diseases.

Identifying occupational disease is a big challenge for

Bangladesh. For identifying OHD Bangladesh needs to

- Form panel of doctors on a national level and gradually

at the district level trained on OHS, Sister Menaha stated that Sri Lanka still is in learning process.

She explained that for diagnosis in Sri Lanka we need to work - Sensitise doctors, workers and activists on OHSon the following the five steps:

- Organise mobile health clinics and ensure proper Step 1: First step is to identify doctors, who have knowledge diagnosis with appropriate instruments,

or expert on OSH, - Sensitise workers/employers/government authorities

Step 2: Diagnosis for identifying first case from plantation - Media Campaign

Session 5

Discussion On Developing Strategies For Diagnosis

Based On The Needs, Critical Areas, And

Building Expertise On OSH.

Besides in India there are demands from grass root Build expertiseorganisations for help in diagnosis of Occupational Diseases.

- Specialised OHD related doctor But lack of enough resources and man power, it may not be - Functioning Bangladesh Labour Act possible to work with all. However with proper planning, we

hope to conduct several camps and approach government with - Establish specialised hospitalappropriate evidence. There is a need to get a mobile x-ray

- Awareness of using PPEmachine in the country and resources need to be gathered.

- Need proper data base on OHD There is a need to sensitize workers as well. The experience

- Baseline survey to understand the diagnosis situationand success from Rajasthan can be replicated in other parts.

It was added that after Rana plaza disaster all the focus has

been only on building and fire safety but no one focuses on other

OH issues. It is important to work on all the OHS issues of the

workers. It was suggested that the OHS Cell should be placed

under the Ministry of Health and steps taken to ensure that the

informal sector workers are provided appropriate coverage and

protection.

OSHE proposed that they will hold a medical camp to identify

first case on occupational disease in which they plan to examine

100 ship breaking workers in Sitakunda, Chittagong. Gradually

they will also hold medical camps for other sector workers.

Action plan of India

Raghunath Manwar, Director of OSHA presented action plan of

India. He stated that, work on occupational diseases in India has

been focussed on identifying victims of lung diseases like

Silicosis, Asbestosis along with health and safety in thermal

power plant where workers suffer from diseases like Silicosis,

Asbestoses, noise related hearing problem, chemical related

skin disease etc.

He added that recently Supreme Court of the country has

ordered the High Courts in the country to monitor

comprehensive health check-up of workers in all the thermal

power plants in the country. There are nearly 350 such plants in

the country.

The state of Gujarat had formed a committee which has

submitted their report and that report is biased and states that

there is no occupational victim and that a regular medical

examination is conducted for all workers. But the activists are

planning to appeal in the High Court against this inaccurate

report. In this situation we need to visit and re-examine the

victims through medical diagnosis. Noted that earlier OSHA

conducted medical examination in Gujarat and they found

several cases of occupational disease.

Now they are planning to involve in the cases in Rajasthan,

Maharashtra, Delhi, Andhra Pradesh and Madhya Pradesh.

They are planning to approach the court to implement

interventions like formation of committee to identify victims.

Along with this approach, evidence will be collected with help of

lawyers and doctors which will be put in front of the court. There

is a need to identify local representative organisations in

different states to file petitions in the high court in the matter of

TPS. HRLN can be approached for help to provide lawyers

services.

Building up a sub-regional strategy

Sanjiv welcomed all participants to help build up a Sub-

Regional Strategy on OHS. He stated that there are

government institutes in India which are responsible for

research and studies on occupational health which are

not functioning appropriately while other countries in the

region like Pakistan, Bangladesh and Nepal do not have

any such establishment. There is a need for such an

institution/establishment but it is important that the

functioning of such an institute helps the grassroot

movement on OHS.

After a good debate/discussion all the country

representatives agreed on few key collective working

strategies for the period of next 6 months to 1 year

including

1. Communication in supply chain

2. Raise the compensation amount in the region to

the level of developed countries

3. Ratifying ILO Convention 155

4. All workers should be covered by law

5. Common guideline for personal injury

6. Alternative human rights report on OSH

7. Exchange information

8. Occupational Health Diseases statistics for

South Asia.

Flat 7, 9th Floor, Block A, Fuk Keung Industrial Building66-68 Tong Mi Road, Kowloon, Hong Kong.

ANROEV Central Secretariat, Environics Trust,177, Neb Sarai, Main IGNOU Road, New Delhi-110068

Ph - 91-11-29531814, Email - anroev@gmail.com Web - www.anroev.org

Bangladesh Occupational Safety, Health And Environment Foundation (OSHE )House no.9 (1st Floor), Lane no. A, Road no. 1,Sector no. 6, Mirpur, Dhaka-1216, Bangladesh.

21-22 April 2016. Dhaka, Bangladesh