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In view of recent trend involving globalization whereby country economies are integrated, massive climatic changes having its effect on working environment in industries and latest economy slow down worldwide, the following new challengesare confronted as far as social security is concerned. With massive shifting of labour force both inside and outside and effect of environment, there is tremendous stress on industrial processes and resultant exposure to the diseases peculiar to certain industries thereby bringing importance of occupational diseasenot only in our country but to the worldwide. Hence I would like to emphasize on occupational diseases as far as my country and ESIC is concerned. (l) Ocgupatisnal Diseasel INTRODUCTION ILO code of Practice on Recording and Notification of Occtrpational Accidents and Diseases defines occupational diseases as " a disease contracted as a result of an exposure to risk from work activity ". Under Section 89 of Factories Act, 1948 where any

factors arising

worker in a factory contracts any diseasespecified in the Third Schedule,the manager of the factory shall send a notice thereof to such authorities and in such forrn and within such time as may be prescribed. Any Medical Practitioner attending on a person who is or has been

employed in a factory and is suffering frorrr diseasesspecified in dre Third scheduleshall also without delay send a report in writing to the office of the respective state, Chief Inspector of Factory of the

What are

'Occupational

Diseases'?

Occupational Diseases are such diseasesas are susceptible of being traced back to their .fhlrd Schedule of the Employees' State occupational origin. There are specilied under lnsurance Act (Enclosure-l), which enumerates the compensable Occupational Diseasesand the corresponding industrial processesinvolving exposure to the diseasesare thus recognized without any ftrrther evidence. Occupational disease lf an employee employed in any employment specified in Part A of the Third Schedule peculiar to that

contracts any disease speciffed therein as an occupational disease employment or if an employee employed in the employment

specifted in Part B of that

Schedule for a continuous

period of not less than

six months contracts

any disease

specified therein as an Occupational disease peculiar to that employment or if an employee employed in any employment specifted in Part C of that Schedule for such respect of Each such employment,

continuous period as the Corporation may specifr in contracts any disease specified employment, the

therein as an occupational disease peculiar to that

contracting of the disease shall, unless the contrary is proved, be 'employment injury' arising out of and in the course of employment.

deemed to be an

Where the Central Government or a State Government, as the case may be, adds any description of employment to the employments specified in Third Schedule to the

Workmen's Compensation Act, 1923, by virtue of the powers vested in it under subsection (S) of section 3 of the said Act, the said description of employment and the

occupational diseasesspecified urrder that sub-section as peculiar to that description of ernployrnerrtshall be deernecl to form part of the Third Schedule.(ii) Without prejudice to the provisions of clause (i), the Corporation after giving, by notiffcation in the Official

Gazette, not less than three months' notice of its intention so to do, may, by a like notification cdd any description of employment to the employments specified in the Third Schedule and shall specifr in the case of employments so added the diseaseswhich shall be deemed for the purposes of this section to be occupational diseasespeculiar to those employments respectivelyand thereupon the provisions of this Act shall apply, as if such diseaseshad been declared by this Act to be occupational diseasespeculiar to employments. Save as provided by sub-sections(r) and (z), no benefit shall be payable to an employee in respect of any disease unless the disease is directly attribrrtable to a specific injury by accident arising out of and in the course of his employnlent. The provisions of section 5tA shall not apply to the casesto which this section applies. those

Procedure for Diagnosing/ Reporting Occupational Disease Occupational Disease for all practice purposes is treated at par with Employment lnjury. Under Strb-section 8 of Section 2 of ESI Act, 1948, employment injury to an employee caused by Accident or an Occupational disease (to be read with the 3'd Schedule of the Act) arising out of and in the course of his/her employment being an insurable employment, whether the Accident occurs or the Occupational Disease is Contracted within or outside the territorial limits of lndia. As far as Occupational disease is

concerned, the Date of Contraction of the diseaseis material and if the same is medically

diagnosed to have arisen out of employment while the employee was in the course of benefits. The insurable employment, the employee is entided to disablement/dependent's lnsured persons suspected of having Occupational disease are referred to by lnsurance Medical Officers, Incharge of Dispensariesand Medical Superintendents of ESI Hospitals to the Local Office of ESI Corporation with proper certification for further necessary action. The Local/Regional Office of ESI Corporation situated in the State in turn will

refer to the insured person to the respective Occtrpational Disease Centres for 4 Southern States, namely Kerala, Tamil Nadu, Karnataka and Andhra Pradesh to Occupational Disease Centre at ESI Hospital, K.K. Nagar, Chennai for confirmation of diagnosis and treatment so as to prevent further deterioration of the condition of the lnsured Persons. Moreover, such Insured Persons (Employees covered under ESI Act) on conlirmation of having inflected with any of the Occupational Diseasesas rnentioned in the 3'" Scheduleof the ESI Act receive cornpensationin the form of Permanent Disablement Benefit alter dtrly examined by Occtrpational DiseasesMedical Board as framed from time to time by ESI Corporation. (z) Climate changes : Recent 'fsunami in ]apan has exposed million of workers to physical and financial risk there was similar In our country, in the year ........

is a clear example to the effect.

Tsunami which wiped out thousands of villages and rendered millions homeless and jobless. The role of social security is of immense value towards physical and economic distress involving citizens general and workers in particular. Take the case of nuclear plants & radioactivity effect or in lndia livelihood of millions of fishermen reguiring immediate medical care and financial support due to loss of livelihood/ employment.

The list of diseasesapproved for Occupational Diseasesas mentioned in the 3'd Schedule of the ESI Act. (S) With economic slow-down, there is a huge unemployment/ unemployment

concentration not only in developed but also in developing countries requiring immediate attention for a social security scheme. Keeping in view the importance, the ESIC has decided to provide some compensation in the form of Unemployment Allowance as details siven below:llnemployrent All or'vanse

In the past it has been experienced that there are some involuntarily unemployment due to closure of the factory/establishment retrenched or permanent invalidity arising out of

non-emPloyment injury. To address such eventualities,in 2OOgthe ESIC decided that some compensation/reliefmay be provided to lPs in the form of unemployment allowancesfor a minimum period of six months who have been rendered unemployed due to closure of the factory/establishmentor retrenched on permanendy disabled due to non-employment injury of not fess than 4oo/o. The schgms has been namgd as "Rajiv Gandhi Shramrl Kalyan Yojna". Now for the past few years global recessionis there all over the world due to which a number of workers are rendered jobless in the organized sector also. In this background it has been felt by ESIC that the period of six months is not sufficient to find out another job. ESfC in its meeting held on 2g.l.og has decided to enhance the period from six months to t2 months. The ESIC has further decided that the lPs/lWs should be provided vocational training during the period they are under RGSKY so that their skill is developed for other jobs/vocation. Terms and conditions in brief, (i) lP is required to be rendered jobless due to closure of factory/establishment, retrenchment or employment injury. (i i ) The lP should have been in insurable ernployment for atleast five years before the date of loss of job and has paid a rninirnum of t56 days' contribution. 'l'he lPs who are in receipt of Unemployment Allowance under this Scheme,will not be eligible to any other Cash Benefit for the same period. Benefits available (i) The amount payable as Unemployment Allowance under this Scheme is equal to the Standard Benefit llate which is roughly 60o/oof rhe average wages of the lp. (i i ) This Allowance is now admissiblefor a total period of one year. (This was earlier for 6 months which has been increasedon 2).t.2oOj to one year).
(ilr)

permanent disablement (not

less than

4ovo) due to

non-

(ilr,l

During this period of one year, the lP and his family are also entided to medical care through ESI Hospitals,Dispensaries, Clinics etc.

(iu)

The lP/lW may opt for trndergoing vocational training fbr skill development through Advanced Vocational Training lnstitution (AVTI) under the Ministry of Labour & Employment during this period of one year and the fees for the training programme as well as conveyancechargeswill be paid by the Corporation.

With the recent slowdown of economy in the world in general and in lndia in particular, there has been adverse effect on running of factories and commercial establishmentsresulting in

closure etc. This has resulted in rendering workers being retrenched/out of employment for sometime affecting his/her livelihood. ln this background Unemployment Allowance as above should play a significant role in providing required social security protection so that the dignity of individual is sustained. lt is hoped that with due publicity and information campaign, such type of scheme envisaged in various countries and as far as in India such scheme like Unemployment Allowance will not only sustain such haplessworkers but will also help maintain social equilibrium for the country as a whole.

Conclusion :

The challengesas enumerated above require a participatory approach from all stakeholdersin the society viz. Government, Trade Union, employers, workers themselves and importandy NGOs so that not only social security faces the challenges of qualitative and quantitative in nature but also at the end of day becomes a tool of poverty alleviation in a developing/ underdevelopedcountry like lndia and economic stabilization for developed countries.

List of diseases approved for O.D.

THE THIRDSCHEDULE (SeeSectirn 52 A) LISTOF OCCUPATIONAL DISEASBS PART _ A

Sl. No. Occunational Disease Infbctiousand parasitic diseases (a) contractcd in an occupalior.r where there is a particularrisk (b) of contamination. Employment All work involving exposureto healthor laboratorywork; All work veterinarywork; involving exposure to

(c)

Work relatedto handling animals,animal carcasses, part of such carcasses, or merchandisc which may have been contaminated by animal or animal carcasses;

z.
l.

Discascs caused by wok in conrprcsscd air.

Other work carrying a particr-rlar risk of contarnination. All work involvinscxnosure to the risk concemed.

(d)

Diseases caused by leador its All work involving cxposLtre to the risk concerned. krxiccompounds. fumes. Poisonins bv nitrous
All work involvingexposure to the risk concemed.

A a.

Poisoning by organic All work involving exposure to the riskconcerned. plrosphorrrs cornpounds.

(Sch.lll) ACT, 1948 S T A T EI N S U R A N C E THB EMPLOYEES PART- B

Sl. No. I Occupational Disease

Employment
All work involving exposureto the risk concerned.

or its causedby phosphorus I)iscases toxiccompounds.

2. 3.
4.

causedmercuryor its toxic All work involving exposllrc to thc risk Diseases concerned. compounds.
Discasescausedby benzeneor its toxtc homolosucs. Diseascscauscd by nitro and amino toxic derivatives of bcnzene or its honrologucs. I)iscases caused by chrornium or its toxic compounds. Diseasescaused by arsenic or its toxtc comoounds. radio-activc Discases caused by and ionizingradiatiotts. substances cancer of thc Primary epithclomatous skirr caused by tar, pitch, biturnen, tlre anthracenc. or mineral oil. compounds, products or resiudes of thesesribstancss. Diseasescaused by thc toxic halogen derivatives of hydrocarbons (of the series). aliphaticand arornatic causcdby carbondisLtlphide. Diseascs to the risk All work involving exposLlrc concerned. All work involving exposlrreto the risk concerncd. All work involving exposurc to the risk concerned.

6.
1.

to the risk All work involvingexposure concerned.

r\ll work involving qposure to the risk concerncd. All work involving exposllre to the risk concerned.

u.

9.

All work involving exposlrreto the risk concemed. the risk the risk

10. lt 2.
| -t.

t4. t5.

All work involving exposllrc to concerncd. All work involving exposureto infia-red duc to Occupational cataract concerned. radiations. to Alltoik involvingexposure lts or mangancse l)iseasescaused by concerned. toxic cornoounds. Skin diseases cnttscd by physical' Rtl work involving cxposure to chernical or biological agcnts not concerned. in other items. inch-rded Atl work involving exposllre to by noise. caused irnpairment Hearing concerned. to Poisoning by dinitroPhenol or a l\ll work involvingexposure a substituted concerned. by homologuc or dinitrophenol or by the salts of sr-rch substances.

the risk
the risk

the risk

the risk

16.

DGases calrsedby beryllium or its All work involving exposureto the nsk concerned. toxiccompounds.
Diseases caused by cadmium or its toxic comDounds. Occupational asthma caused bY recognized sensitizing agents inherent to the work process. All work involving exposureto the risk concemed.

t7.

r8.

AllFinvolving concemed.

to the risk exposure

t9.

to the risk by fluorineor its toxic Att wort involvingexposure caused Diseases concerned. comnounds. -Dlseascs or All work involving exposureto the risk causedby nitroglyccrine concerned. othernitrcacidcsters.
Diseases c'aLrsed by ketones.

20. 21. 22.

to the risk alcohols and All work involvingexposure concerned.

to the risk : carbon All work involvingexposure by asphyxiants caused Disea^ses conccrned. derivatives. nronoxidc and its toxic sulfide. hvdrogen
caused All work involving exposureto the risk and mcsothcliomas Lung Cancer conccrned. by asbestos.

L-).

24.

to thc risk Prirnary neoplasm of the epithclial All work involvingexposure con0crned. the or bladder thc urinary lining of kidnev or tlreureter. (Sch.lll) ACT, 19'{8 S T A T EI N S U R A N C E THE EMPLOYEES PART C

Sl. No.

O c c u p a t i o n a ll ) i s e a s e

Employment

2.

3.

b the risk All work involving cxposLlrc cattscdby sclerogenic Tiretrmoconioscs concerncd. rnineral dust (silicosis.anthraosilicoses silicotuberculosis asbestosis) and providcd that silicosis is an essential incapacity the resultant in causing f-actor or death. to the risk All work involvingexposure Bagassosis concerned. to the risk causedby All work involvingexposure diseascs Bmnchopuhnonary cotton. llax. hernP and sisal dust concerned. (Bvssinosis). causedby the lrxtrinsic allergic alveefitis of orsanicdusts. inhalation

4.

to the risk All work involvingexposure concerned.

5.

to the risk discasescaltsed by All work involvingexposure Bronchopulmonary concerned. hardmetals.

Shri B.K. Sahu AdditionalCommissioner ESI Corporation'Hqrs Office CIC Road,New Delhi