21-22 April Dhaka, Bangladesh

Transcription

1 ANROEV Central Secretariat, Environics Trust, 177, Neb Sarai, Main IGNOU Road, New Delhi Ph , - anroev@gmail.com Web April Dhaka, Bangladesh Flat 7, 9th Floor, Block A, Fuk Keung Industrial Building Tong Mi Road, Kowloon, Hong Kong. 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.

2 Background The meeting was organised as a response to the issues and needs identified by AMRC's partners and ANROEV network members on assistance for grassroots victim's right groups in the areas of identification of victims, treatment, litigation, rehabilitation and compensation. This sub regional meeting will be a part of the long term process of strengthening the grassroots initiatives and transferring learning, strategies and campaigns so that it will make the ANROEV network more robust by building on learning and experiences from the ground up nationally and then to the sub region. 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 conference There will be detailed reports of the sub regional meetings as documentation to assist in their organising initiatives on the ground later. South Asia sub-regional meeting In the South Asian region especially in India, advances have 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. The strategy meeting included focused discussions on the following topics: Medical - diagnosis of victims in vulnerable and marginalised communities Legal - litigation and compensation towards victims of occupational diseases Advocacy and campaign - efforts made by the grassroots both locally and within different regions of the country Workshop Summary The South Asia sub- regional strategic meeting on OSH took place in BRAC Inn in Dhaka on April 21-22, The strategic meeting brought together 20 activists, victims, trade 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 views using modern technology (Skype conference) 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. 1

3 victims. Important Organisations like Participatory Research in Asia (formed in 1982), Vyavsayik Swasthya Suraksha Mandal (VSSM) formed in 1986, KSSM (formed in 1996), OSHA, OHSC, PTRC have played a substantial role in the field of OSH in the country. Nepal 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 It has nearly 42 rights. Ram shared some of them- December However he raised the issue of migrant labour from Nepal which is responsible for about 30% of the GDP of the country but every day at least 3 Nepalese migrant workers die in foreign country. There are also many who are suffering from lifelong disease like kidney failure, skin problem or disability through fatal or non-fatal accident. Sri Lanka Day 1 (April 21, 2016) The meeting started with a welcome speech from Saki Rezwana Chairperson of OSHE. Omana George, Program Coordinator-OSH of AMRC, shared a short presentation explaining the objectives of the workshop. Article 16: Article 17: Article 18: Rights to live with dignity Rights to freedom: opinion and expression/ assembly/unions/associations Rights to equality: No discrimination on the ground of origin/ religion/race/castle/tribe/sex/physical condition/ideology Session 1 Groups were made country wise to identify and map significant events/ key milestones/ gaps chronologically which helped shape the OSH movement in their country with a timeline through the decades starting from the 1970's. After group work the participants reported back with a chart that illustrated significant events that shaped the movement nationally and what were the key trigger points, issues, laws or events that shaped it to be what it is currently. India Identifying And Mapping Key Issues In Different Countries from work till they got a bonus and wage hikes. The workers were also demanding major changes in the Bombay Industrial Relations Act. Nearly 250,000 workers at more than 50 textile mills went on strike in Bombay, hoping for a better future. A few months later, in August 1982, the city police briefly struck their work, apparently in sympathy with the workers, and the army and Border Security Force had to be called in to control 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 Jagdish Patel, Peoples Training and Research Centre disaster. It was estimated that over 500,000 people were (PTRC) shared about the labour movement of India. He exposed to Methyl Isocyanine (MIC) gas and other chemicals. informed that most of the labour laws in the country were The government of Madhya Pradesh confirmed a total of incorporated during the British period with some modifications 3,787 deaths related to the gas release. A government during the last 50 years. Some important acts / events are as affidavit in 2006 stated that the leak caused 558,125 injuries, below including 38,478 temporary partial injuries and approximately first Factories Act 3,900 severely and permanently disabling injuries. Others Worker's Compensation Act estimate that 8,000 died within two weeks, and another 8,000 or more have since died from gas-related diseases. This Silicosis and Mines Act incident resulted in major changes to the existing Factories Workmen Compensation Act Act. Movement Patel shared that in 1981 the Great Bombay Textile Strike was called and it was the turning point for workers movement in India. Trade union leader Dr. Datta Samant was the leader and he told mill workers to keep away These two major incidents are considered as big turning points in India in terms of workplace health and safety issues. Since 1984, individuals or local activists/representatives have played vital role on OSH. They have worked on organising the No gender discrimination regarding remuneration for same work and social security Menaha Kandasamy, from Ceylon Workers Red Flag Union presented 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 Article 29: Rights against exploitation country was witnessed. Apart from this some small urban 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 Appropriate remuneration By 1883 some left minded middle class youth raised rights Rights to form trade unions issues and as a result the first strike was observed. In 1922, first trade Union movement started and eventually in 1931 a Article 35: Rights to health care lot of labour rights were won. However, soon Sri Lanka faced major 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 1997 Now 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, - Has compulsory pension for any damage to health compensation etc. Along with the unions, NGOs stared to problem work on awareness, gender issues and other new areas. But 2. both are working to establish labour law particularly focused 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-compensationguideline 2016 He also mentioned that CEPHED campaigned for a Ban on Asbestos and has been successful with a ban notified on

4 Bangladesh Presenting for the Bangladesh group, China Rahman, General Secretary of Federation of Garments Workers (FGW) said that Bangladesh labour movement and its success are divided into two periods, first period was from 1972 to 2000 and second period from 2001 to till date. She said that at present occupational accidents are happening. The export oriented industry is expanding along with which the worker's movement is also happening in Bangladesh for social protection and OSH issues due to lack of implementation of labour law at ground level. There was a 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 informal sectors. The informal workers are not covered by labour laws nor do they have access to any social protection or welfare fund. Moreover the wages are low and in some cases way below the minimum wage. The highest number of employment is found in agriculture. Agriculture is followed by home-based work in terms of number of workers. Home- based workers are mostly women and children. In that era Bangladesh had only some ordinances namely the 1923 Workman Compensation Ordinance and Factory Act Bangladesh had faced first industrial disaster in 1990 at Saraka Garments Factory, a fire in the factory in which nearly 27 workers died. That was the wake-up call for the Bangladesh labour movement on OSH. As a result of this accident, the Bangladeshi workers started organizing gradually. From 2001 to 2015, Bangladesh has some significant achievements and workers have started discussions on OHS issues because they have a platform to discuss these issues. Readymade garments (RMG) sector is more compliant and it has a labour law passed in Pakistan Khalid Mahmood of Labour Education Foundation updated about the situation of labour issues in Pakistan through Skype. He stated that it is unfortunate that even after the very sad incident at Ali Enterprises, the government, trade unions and other stakeholders are not able to build a bond to put sustained pressure for change in labour laws, OSH issues, rights etc. They are not able to compensate the accident victims and families. The company responsible for the accident itself fixed the compensation amount. The incident showed how difficult it is for bringing about a change in the workers life. In Pakistan, textile industry is the biggest industry. Small to severe incidents with injuries happen frequently. But very few of these incidents are reported in the media. No one wants to take care of labour issues and labour inspection is not done properly. 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. Session 2 Victims Organising, Litigation & Compensation Presentation by People s Training Research Centre (PTRC), India Jagdish Patel from PTRC, India said that since 1992, PTRC has been working to improve working conditions in India. Much of the PTRC's work has focused on occupational lung disease, particularly silicosis among agate craft workers. PTRC has brought medical services to workers, pressured industry sectors and associations to mitigate exposures by putting enough ventilation equipment and has been instrumental in legal action to bring financial recompense to victims. Patel said that victims are still unwilling to organise due to fatalistic thinking, unable to participate in meetings due to long working hours, low literacy, and no time for socializing or for attending meetings, expectation of immediate result 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 Before that in 2010, the National Human Rights Commission (NHRC) recommended compensation in the case of Juwan Singh from Madhya Pradesh which was the first order of its kind. The commission recommended paying INR 3 lakh to 238 silicosis victims' family who had died due to silicosis; the activists and leaders have filed a case in the Supreme Court against the government's refusal to pay compensation to the victim's families. The Rajasthan government established a Pneumoconiosis Board in 2013 to diagnose cases of pneumoconiosis that has taken a toll on the lives of many mine workers in the state. This 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 Rana Plaza building collapse (2013). After these accidents Bangladesh Government has amended labour law in 2013 and adopted National Occupational Safety and Health Policy Bangladesh Labour Rules 2015 are also published and government in collaboration with NGO/INGOs has started work of up-gradation of Department of Inspection of Factories and Establishments (DIFE). In reality, occupational & environmental health issues are still lagging. All sort of emphasis or priority goes towards export oriented industry/sector only. Other sectors particularly informal sectors are not getting any focus in term of OHS. After 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. Mahmood also shared that in terms of organising strategies, the first bangle workers union was registered in Hyderabad in December The workers were able to identify the employer, and through this process, even the workers were identified. In a question on movement in terms of involvement of Trade Unions and other stakeholders, he stated that, in Pakistan the trade unions situation is not good. TU and NGOs always face government pressure, and workers are always fighting for a right for freedom of association. H&S issue is not a priority issue for the Tus. particularly economic gains, pressure from capitalist class, lack of alternate employment or livelihood opportunities. He added that Silicosis is an occupational disease which causes problems to workmen exposed to silica dust. But this disease is not being diagnosed and most cases are still being diagnosed as tuberculosis (TB). PTRC has filed several complaints for compensation and rehabilitation of silicosis board has so far diagnosed more than 4000 cases. The government has passed a regulation that workers who die due to pneumoconiosis would receive INR 3 lakh as compensation and compensation of one lakh for those who are still alive. Late in 2014 a regulation was passed in Gujarat that INR 1 Lakh would be given in case of death due to Silicosis. 4 5

5 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. Patel said that for litigation workers needed money, evidence and time and as a result most do not go for litigation. 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 He also shared statistics of State of Workers Safety in Bangladesh from 2010 to 2015 gathered by OSHE through the Workplace Accident Monitoring Survey: Year Dead Injured Total Total 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 and Employment has passed relevant rules but the implementation of rules and laws is very poor. Mutual understanding between owner and victim is the only way to find a remedy instead of litigation. Because of corruption, low implementation of laws, lack of money & documentation, justice is difficult to achieve. Labour activists, TUs and civil society have raised demands for implementation and adaptation of National Occupational Health and Safety Policy 2013 and campaigning for formation of active Safety Committee at factory level. Compensation Challenges Though much has been achieved, Bangladesh still has many challenges on OSH Physical health hazard and psychological problems Unemployment Proper justice for Tazreen Fashion Fire A c c i d e n t a n d Rana Plaza victims - Delay in paying compensation is costing lives Ensuring social protection for the workplace accident victims and affected families Build up a national social protection or security scheme 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. They can claim for compensation under Chapter XII of the Way Forward 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 For injury lakh Tk improvements in relation to occupational safety and health, freedom of association and collective bargaining. The workers can also file a civil suit for damages against the employer Adoption of National Occupational Health And Safety Policy Workers are not satisfied with this amount and demand rational compensation based on Loss of Future Earning and Immediate settlement of due compensation for all Pain and Suffering principles. deceased and injured workers of Tazreen Fashion Fire Accident and Rana Plaza victims Some achievements after RP After Rana plaza, Bangladesh has some achievements which are appreciable such as 1. Amendment of Bangladesh Labour Law 2006 in July Adoption of the 'National Occupational Health And Safety Policy' 3. Formulation of Labour Rules 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. Unified standard for safety inspections and public summary reports. Provide rehabilitation facility to the injured; particularly disabled workers in an effective and permanent way; National cell for occupational accident database To undertake unified initiatives for concerned stakeholders. 6 7

6 Session 3 Strategies For Victims Organising, Litigation & Compensation Jorina Begum - Tajreen Fashions Fire Accident Victims Rights Network Bangladesh The Rana plaza and Tazreen Fashions tragedies ultimately resulted in the establishment of a new unit of OSHE named 'Occupational Accidents Victims Support Unit (OAVSU)' to deal with these workplace accidents victims directly with special support and services to rehabilitate them in the society. Jorina Begum, Member Secretary of Tajreen Fashions Fire Accident Victims Rights Network shared her experiences. She shared that OAVSU started working in 2012 just after the Tazreen Fashions fire incident. Its main activities include campaigning, advocacy and enhancing tripartite dialogue. The unit has been supporting the workplace accident victims to organize. Raise their voices and needs both locally and globally, ensure their basic rights. Provide alternative job training / vocational skills, provide them with proper counselling about different initiatives on compensation and rehabilitation issues. She said that the victims' network had also been experiencing that the victims were struggling with their children education, medical treatment and arranging alternative sources of employment. Currently, we are covering education expenses for 6 children; 4 from Tajreen and 2 from Rana Plaza with the financial support of OSHE. Initially, the program was launched in 2014 for one year as a pilot scheme but now it is going to expand for another 6 years. CORE Activities of the network 1. Advocacy, lobby and networking with other stakeholders for fair compensation, medical treatment and rehabilitation. 2. Promote victims' voice & demands at regional & international level through the collaboration of ANROEV & AMRC 3. Facilitate Child Education Support for the bottom line victims family Provide legal counselling & aid, prepare data base of victims and victims' children. educate the victims about 4. Arrange medical treatment support for injured workers (as how they can properly utilize money received as donation per need) or compensation and communicate with the concerned 5. Vocational Training and alternative Income source stakeholders. support (limited scale) 6. Right based awareness raising and capacity building - Provide need based medical support program support Follow up the progress of victims compensation Support the victims to make contact with RCCA, TCA & settlement, rehabilitation process and other supporting BGMEA services i.e. long term medical treatment Actions of the Network - Conduct a study on the status of pragmatic use of awarded compensation - 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 office refused to meet with representatives and did not receive the memorandum. - Year three - Demonstration 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 their voice and representation in different development processes. Lessons Learned - The occupational accidents survivors & victims' families got a big platform for raising their voice, position and demands at national, regional and international levels as an equal party - Victims were united and placed uniform demands in the process of compensation & rehabilitation settlement Menaha shared the OSH situation at workplace in Sri Lanka. She said that in Sri Lanka, health and safety issue is relatively new. But trade unions handle the issues when approached by the workers. She also shared that she is not aware about any organisation that is focusing on H&S issues on a priority basis. There are three parties which are responsible to prevent OHS related risk, problems etc. As per law, all workers have rights 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 duty and in case they see any H&S related issues, they should complaint. But unfortunately most governing bodies in Sri Lanka whether it is government, TU, activists including general workers are not well informed about OHS issues. There is a National institution on OHS but its functioning level is poor though it has a strong mission, vision, curriculums, trainings and so on. - Emerged as a group to settle their demands by Besides Sri Lanka also has an Association of Health and Safety which has a good mission statement but it is not collective actions ensuring engagement with the confirmed what kind of institution or organisation it is. authorities concerned. However recently H&S policy has been developed and 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 movements workers. Day 2 (April 22, 2016) Presentation by Red Flag Movement, Sri Lanka Way Forward - Continuation of strengthening the occupational accidents victims movement Apart from these Sri Lanka has a Factory Act which covers H&S issues but its implementation is poor. It has three main areas - general hygiene section for health like cleaning etc., safety section and social safety section in terms of welfare. It has a special section on H&S related to how to report any 8 9

7 occupational accident or injury. According to ILO estimates there are about 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. Menaha also shared her work experience with tea plantation workers, domestic workers, construction sector and garments workers. She said that mostly tea garden workers are females and they have to carry a heavy basket. They do not even have any safety measures. The workers do not have access to any hospital/clinic/sick room and there are few doctors available. They do not have toilets, rest rooms, pesticides and chemicals are handled improperly and there are several other issues. The major cases and causes of occupational hazards are found in the industrial sector. The losses due to these accidents and diseases at workplace are not a loss merely to the industries but physical and economic loss to the society and nation as well. Some of the major reasons for problems in the workplace include - unsafe working conditions, lack of supervision and training, use of old machinery and equipment, lack of sufficient maintenance, bad house- keeping practices, violation of safety rules, and overcrowded production units with very congested space are seen. In garments sector, they do not maintain cleanliness. They have more workers but few toilets considering numbers of 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 there are serious concerns about H&S issues in small or contractual garments factory. In a small factory, there are no fire exits and pregnant workers suffer a lot. They are not provided with any safety equipment. In many places, garments workers are not allowed drinking water or toilet breaks during working hours. During lunch time workers are allowed to go to the toilet, but during the working hours if they want to go to the toilet, they need to hand over their ID card and take a token. Most workers do not like this hassle so they prefer to go to the toilet only at lunch time and avoid drinking water. Most garments workers suffer from back pain and injuries. Domestic workers face a lot of obstacles. They do not have 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 have been noticed in the construction sector. So in most workplaces in Sri Lanka, OSH issue is not taken as a priority issue and even the trade unions do not take these issues as priority and concentrate on other issues. We need to have an action plan for the way forward. Such as: Social awareness Mobilization Lobby with government to create policy and ensure implementation Proper training on OSH Study to know the ground situation on OSH issues Separate policy and laws for OSH In addition Sugio shared some information regarding asbestos and stated that there have been positive initiatives taken by the government of Sri Lanka to ban asbestos. Presentation by GEFONT, Nepal Sammar Singh Lama, member of GEFONT Bagmati Zonal Committee presented on OSH situation in Nepal. He said that at present it is estimated that nearly 12 million workers are engaged in employment in Nepal. Based on the classification of industry 73.9% are engaged in agriculture sector and only 26.1% are engaged in non-agriculture sector. The International Labour Organization (ILO) has estimated that approximately 270 million workers suffer from occupational accidents and 160 million people are suffering from occupational diseases each year. Approximately 2.2 million people die of occupational accidents and diseases each year. It is estimated that each year approximately workers meet accidents at workplace which lead to about 200 lives lost in Nepal. High risk for safety and health has been observed while working with machine and equipment, use of electricity, building and construction works and use of chemicals in industries. Legislative provisions on OSH in Nepal Nepal has not yet ratified the ILO Convention No. 155 on Occupational Safety and Health. But newly drafted labor law covers some important issue of OSH Coverage The law covers manufacturing, agriculture, forest and fishing, construction, electricity, gas, drinking water, health related and sanitation, transportation, godam (store) and communications, hotel and restaurant, finance, insurance, real state and trade and commercial business, public service and mine and quarrying etc. General duties relating to safety and health at work specified include Duties of responsible person of the workplace, Duties of manufacturers, importers, suppliers and installers, Duties of workers, Duties of other persons - Duties of employers and selfemployed persons to non-workers and Duty to formulate safety and health policy. There are few provision regarding safety and health that are more or less similar provision of the chapter 5 of Labour act has been mentioned and non-disclosure of information. GEFONT and its OSH activity Factories have never taken care of the minimum OSH standards conditioned by the law due to weak labour 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 among the workers whether they are illiterate tea plantation workers, or educated workers of cement and chemical sectors. Thus, negligence both from management and workers side is a common phenomenon in Nepal. Barriers for sound OSH condition in Nepali industries are: Lack of knowledge & awareness among workers Lack of awareness and commitment in employers & management Fear of change and of cost increase (Management) Poor consultation system Majority of untrained people both in management & labour) No safety-friendly work culture (both workers & management) Lack of research & data-base on occupational diseases and health hazards Since 1994, the trade union confederations of Nepal, particularly GEFONT have taken the issue seriously and have started awareness campaign on OSH. We are still in the awareness phase, because the phase of awareness may become very long covering a decade or two. We have considered OSH as one of the component of Workers Education Program. Second and Third National Congress of GEFONT has given emphasis to the issue of OSH in following manner: Awareness program for safe & clean workplace and healthy life. Partnership with employers for sound workplace management. Pressurising for waste and sewage management. Joining hands with international Agencies like ILO for work in cooperation on OSH Cooperation with genuine NGOs on the issue of OSH & environment. 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 Relations. Trainings have been received by the committee members from ILO, ILO Turin, DANIDA, IFBWW, ICEM, and Society for Participatory Research in Asia (PRIA) India and Central Labour Institute (CLI) India. Government has also been working on the issue through project named Occupational Safety & Health Project under Ministry of Labour & Transport Management. Some efforts have been initiated through National Productivity & Economic Development Center, which is an organ of National Productivity Council of Ministry of Industry. Now in cooperation with DANIDA, the Project called Environment Sector Program Support has gained good momentum and OSH issues under the Project have gained more emphasis. Waste water treatment and cleaner production are two of the major components of this project. Three line ministries - Ministry of Population & Environment, Ministry of Industry and Ministry of Labour & Transport Management - are involved in the project. Workers organization including GEFONT and employer's organization are also involved in the policy decision as well as implementation procedures. Also the training on OSH has been given high emphasis under ESPS. In August 2001, Government developed the Occupational Safety & Health Association as an organisation in a tripartite form. Recently GEFONT has developed GEFONT Cooperative Clinic, which aims to develop a technical group of OSH workers in near future to develop OSH as a significant campaign in forthcoming days. He also added that all the laws are for formal sector, informal sector workers' are not covered by laws. But the activists are continually putting their pressure to frame applicable laws for informal sector. In a supporting question of Menaha, Ram said that there are large areas under forest cover in Nepal and several tea 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 10 11

8 Session 4 Presentation by OEHNI India Diagnosis And Treatment 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. attended by nearly 30 doctors. Dr. V Murlidhar trained these doctors on ILO chest radiograph. In addition, two doctors were sent to Malaysia to receive training on Occupational Lung Diseases sponsored by AMRC. Trainings and meetings are also being organized with workers to increase awareness on occupational health and safety. During the course of the work, some issues have been identified which include - non availability of trained physicians for diagnosis in the medical camps. Villagers/workers assume these camps to be general health camps and bring family members while requesting for medicines for general ailments like fever. Cost or non-availability of x rays. To maintain and promote the physical, mental and social well-being of the workers. To adapt the workplace and work environment to the needs of the workers i.e application of ergonomics principle. Support to help receive compensation for occupational disease and injuries Occupational diseases diagnosis and treatment program in OSHE Identify a problem and estimate its magnitude Identify groups at risk Monitor illness/injury trends in time and geography although the occupational lung diseases are stated to be the biggest killer of workers in the country, there are no official statistics available. He shared some problems of diagnosis concerning occupational diseases primary of which is misdiagnosis of the disease due to the lack of knowledge of the doctor, pressure on the doctor, inability of doctor to relate the disease with occupational history. As these diseases are compensable and notifiable, many doctors do not diagnose to escape legal hurdles. Even doctors are not well trained to diagnose occupational disease. Most of the doctors were not willing to give any written documents. Other issues include the lack of awareness among workers. Most workers are migrant workers and an early death of a worker has been accepted as a way of life. Another important reason is that the workers themselves don't want to be labeled as suffering from an occupational disease which reduces their employability. In many areas appropriate medical facilities like X-rays are not available or technicians are not properly trained. For x-ray, workers need to go so far, and many a times the quality of the x-ray is poor. The government officials also lack a human approach and human life is considered expendable. They consider workers like cattles and sometimes they are not even willing to talk or touch them. To avoid these situations some steps have been taken for increased diagnosis like a pneumoconiosis board by Government of Rajasthan has been formed under which there is a panel of 3 doctors in every district for diagnosis of cases of occupational lung diseases. Once certified, sufferers are given compensation by the government which is INR 100,000 for living person and INR 300,000 in case of death to the family members. 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 by a union or NGO. Walk-ins are generally not entertained X-ray facilities shut down in the hospital at 12 noon and if workers come after that time, their diagnosis is not completed No follow up treatment or rehabilitation policy for those found suffering except compensation. Some Board doctor not keen to diagnose. Reject all cases or order additional tests like CT Scan which are not free when forced to diagnose by the activists. Some of the other steps for increased diagnosis include conducting medical camps in several areas. The local organizations in the area request for medical camp. An initial survey is conducted and probable cases are identified which are sent for X-ray. A camp is then held with clinical examination and other tests for diagnosis. Several camps have been orgaised in new hotspots like Ganj Basoda where sand stone mining activities take place. In two medical camps conducted more than 70 workers have been identified as suffering from silicosis. Some cases with pleura calcification have been found and are being investigated. Even cases of silicosis in children as young as 8 years old have been identified. In Raigarh among the stone crushing /ramming mass industry 8 workers have been identified. In Gohad, there are stone quarries & crushers workers among which 17 suspected cases were identified. In addition, a weekly clinic run by PTRC for identification of Silicosis victims has been operational in Khambat since 2007 which has certified 350 cases so far. Pneumoconiosis board by Government of Rajasthan organized a short training on Occupational Lung Diseases Result of increased diagnosis include In Raigarh- After diagnosis, factories have been closed due to pressure 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 awareness among workers and villagers to protect themselves from dust. At Ganj Basoda increased diagnosis has led to increased awareness among people regarding the diseases. Cases are being prepared to be filed in NHRC. Interaction with government officials has however not led to desired results. In Rajasthan, pneumoconiosis board has been setup while in Gujarat the government has issued a notification for compensation for agate workers. Presentation by OSHE, Bangladesh 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. Identify cases, workplaces, and industries for attention Identify new illnesses and hazards Ban Asbestos in Bangladesh Presentation by Dr. V Murlidhar, MSF Bangladesh Dr. Murlidhar stated that he worked in Médecins Sans Frontières (MSF) that works to provide essential health care to vulnerable groups in Bangladesh. It has been working since MSF has worked for Malaria, diarrhoea, cyclone etc. They also established a 100 bed- hospital in Cox bazar for the Rohingya people. Now MSF is working in Hazaribagh and Kamrangirchar, a part of Dhaka South City Corporation area. MSF has established a small clinic to identify workers suffering from occupational diseases. He added that he has conducted a needs 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

9 Session 5 Nepal 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. He stated that there are many sectors where there is a need to Existing laws will be identified along with track OSH issues but the three most vulnerable sectors in compensation mechanism and a gap analysis terms of occupational health risks are brick kilns, cement performed. 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 case establishment is really important. If first case Step 5: identification is done then options will open for other Special section for OHS Red Flags Union. 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 He also stated that there is a need for lobbing for an exclusive resources for diagnosis, training etc. Menaha shared that they OHS policy because its functioning level is still very poor. will approach NIOH for support. She also added that their GEFONT board members are now in touch with members of union is presently working with the tea plantation workers, parliament, so we have the potential power to use for lobby at garment workers, domestic workers and that they will start the policy level to demand for an exclusive OHS country with the research on the current situation in these sectors policy. OSH Policy may include diagnosis system, before progressing on to the mobilising, training, diagnosis compensation, regular monitoring and evaluation system. For etc. 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 abroad for earning but unfortunately a large number of workers migrate illegally and each day nearly 3 migrant workers die abroad. Apart from this mechanism to help migrant workers who want to return also needs to be developed. There needs to be a regular monitoring of such workers. Besides media campaign is also needed for mass awareness on the issues of OHS. Sri Lanka Discussion On Developing Strategies For Diagnosis Based On The Needs, Critical Areas, And Building Expertise On OSH. Bangladesh Program Officer of OSHE presented the group work on behalf of Bangladesh. She stated that the most vulnerable sector in Bangladesh includes garments, ship breaking, tea plantation, stone crushing, plastic, metal/chemical/steel/rolling, tannery, jute/cement/fertiliser, brick kiln sectors etc. In Bangladesh mostly workers are facing issues related to ergonomics, chemical contamination, hearing problems, lung diseases, TB, Hepatitis B & C, reproductive health hazards (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 Sister Menaha stated that Sri Lanka still is in learning process. at the district level trained on OHS, She explained that for diagnosis in Sri Lanka we need to work - Sensitise doctors, workers and activists on OHS on 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 Build expertise Besides in India there are demands from grass root - Specialised OHD related doctor organisations for help in diagnosis of Occupational Diseases. 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 - Establish specialised hospital hope to conduct several camps and approach government with appropriate evidence. There is a need to get a mobile x-ray - Awareness of using PPE machine in the country and resources need to be gathered. - Need proper data base on OHD - Baseline survey to understand the diagnosis situation There is a need to sensitize workers as well. The experience and 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 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