Annual Report 2010-2011
Rehabilitative Measures
(i)
(ii)
(iii)
(iv)
The treatment cost of the silica affected person including permanent, temporary or
contractual worker should be borne by the employer. The district administration should
ensure its implementation and treatment.
The victims of silicosis should be rehabilitated by offering an alternative job or a
sustenance pension if they are unable to work.
NGOs should be involved in monitoring and implementation of the programmes
initiated for the benefit of silica exposed workers.
Appropriate counseling should be provided to the person affected by silicosis.
Compensation
(i)
(ii)
(iii)
(iv)
The silica-affected person should be adequately compensated.
Silicosis is a compensable injury enlisted under the ESI Act and the Workmen’s’
Compensation Act. Therefore a separate Silicosis Board similar to the one set up by
the Government of Odisha may be formed in every State. The guidelines and model
calculation of compensation may be framed under the ESI Act and the Workmen’s
Compensation Act.
The Board can carry out surveillance of silicosis cases and assessment of disability/loss
of earning capacity resulting from the diseases for the purpose of compensation and
rehabilitation.
The compensation could be calculated based on Disability Adjusted Life Year (DALY)
developed by World Health Organization.
5.14 The Chairperson, NHRC has forwarded these recommendations to the Chief
Ministers of all the States/Union Territories and has further requested them to issue suitable
directions to the concerned Departments so that there is effective implementation of all these
recommendations.
Organization of a National Conference on Silicosis
5.15 In order to assess the action taken by the State Governments/Union Territory
Administrations with regard to the preventive, rehabilitative and remedial measures
recommended by it in December 2010, the Commission on 1 March 2011, organized a National
Conference on Silicosis in New Delhi. Through this Conference, the Commission also wanted
to interact with non-governmental organizations, civil society and technical organizations who
are dealing with the issue of silicosis. The Conference was attended by concerned officials/
representatives of Central Government and State Governments/Union TerritoryAdministrations.
Besides, it was attended by representatives of non-governmental organisations, civil society
and technical organizations who dealt with the problem of silicosis.
5.16 The important decisions and suggestions that emanated from the Conference are listed
below:
NHRC
65