Hazardous Industries Notifiable and Compensable Diseases

Dr. J. K.
Vyas
Industrial Physician
Definition
provision in clause 2(cb) of Factories Act, 1948 provides
that
"hazardous process" means any process or activity in

relation to an industry specified in the First Schedule
where, unless special care is taken, raw materials used
therein or the intermediate or finished products, bye-
products, wastes or effluents thereof would –
1. Cause impairment of the health of the person

2. Result in the pollution of the environment
 Government has right to amend the First
Schedule by way of Omission, Addition or
Variation of industries for inclusion.
Therefore the present schedule section 2cb
shall be substituted by section cb only.
 The First Schedule that specifically mentions "
Manufacture, handling and processing of asbestos
and its products" at serial no. 24 is proposed to be
removed is as under: THE FIRST SCHEDULE [See
section 2 (cb)]
 During the project stage special care to
protect human health can be planned
 Best safety precautions can be assessed.
 Special care to protect Environment can be
evaluated.
 Safe handling of material , Storage &
Disposal of waste can be seen in advance.
 All legal formalities of permission from
authorities can be well planned in advance.
❖ A 24 x 7 working OHC with male nurse, Driver,
Dresser cum Compounder in all shifts.
❖ Specified Pre-Employment Health check up,
Periodical Health Check up at definite interval.
❖ Maintenance of Legal records like Form 33 &
32
❖ Availability of Doctor Part time or Fulltime.
❖ Implementation of OSHA’s guidelines
We need to know the Hazardous Industries so
that our vision & approach is focused in
future
❑ Ferrous , Zinc , Lead , Copper , Manganese &
Aluminum Industries.
❑ Foundries Castings & Forging Industries.
❑ Coal , Coke , Lignite & Fuel Gases Industries.
❑ Power generation
❑ Pulp & Paper Industries.

❑ Fertilizer Industry
❑ Cement Industry
❑ Petroleum & Oil Refineries, Lubricating Oil &

Grease.
❑ Petro Chemical Industry
❑ Pharma & API industry
❑ Fermentation – Distilleries & Breweries

❑ Rubber Industry
❑ Paints & Pigment Industry
❑ Leather Tanning Industry
❑ Electroplating Industry
❑ Chemical Industries & Coal Tar distillation.
❑ Industrial Gases Production [nitrogen,

oxygen, acetylene, argon, carbon dioxide,
hydrogen, sulphur dioxide, nitrous oxide,
halogenated hydrocarbon, ozone, etc.]
❑ Industrial Carbon Alkalis & Acids
❑ Metallic Sodium Potassium production
❑ Cyanides & Cyanamid's Industry
❑ Phosphorus & Its compounds.
❑ Halogens & Halogenated Compounds
❑ Pesticides & Insecticides Industry
❑ Synthetic Resins & Plastic Industry
❑ Man Made Fiber – Cellulose Industry
❑ Manufacture of Electrical Accumulators.
❑ Glass & Ceramic Industry
❑ Grinding & Glazing Of Metals
❑ Conspicuously Asbestos Industry is taken

out of this schedule
❑ Manufacturing processes & Operations
involved with carbon Disulphide gas.
❑ Dyes & Dyestuffs processes
❑ Manufacturing & Handling with Benzene.

❑ Normally Stress & Psychosomatic diseases
are not considered Occupational in nature
but it is expected that ILO will regard the
consequences related on medical, Financial
& Social aspects.
❑ The inclusion of disorders are based on

connections & exposures to one or more
work places during the course of working
 Two basic principles :- 1. To recognize the work
related disorder so that it becomes compensable,
2. Identify some disorders which are LIKELY to be
related with work after sufficient exposure & hence
arisen from work.
 The ultimate OBJECTIVE was to fast tract the
compensation process all over world.
 In a schedule it is desirable that there is strong
evidence of causal link between the occupational
exposure and the disorder.
 The ILO list of compensable & Notifiable
occupational diseases has been revised several
times.
 Disorders potentially related to work may not
be listed on a schedule for two main reason:-
1. For many disorders, the level of scientific

evidence of a causal connection to work is
insufficient
2. The connection with the work place of the

worker is so low that it is difficult to accept the
exposure & effect on health & also it may have
occurred at non work place also.
❑ The aim of ILO list is to bypass the need for a
claimant to prove a connection & exposure which
has resulted the disorder & thus stood behind the
help of claimant
❑ The criterion is that disorders included in a
schedule must have clear diagnostic link.
❑ For many of the potential disorders that could be
included, the diagnostic criteria are
straightforward.
❑ This is fit for virtually all malignancies and for most
pneumoconiosis, for example.
❑ The issue is less clear for conditions such as
asthma, as there are several definitions of
occupational asthma,
❑A disorder that at a general population level is
overwhelmingly non-occupational , but
precipitated due to occupational reason could
reasonably be included in a schedule if it is
directly linked to that exposure. For example –
Tuberculosis in Health care workers.
❑ Straight
forward diagnosis can be
Mesothelioma a lung cancer due to Asbestos
exposure which can be a community problem
also.
❑ Therefore, a schedule is probably better
structured primarily around the disorder,
with qualifications as to what exposures
should be considered as causal, rather than
being structured around a particular
exposure.
❑ The latest version of the ILO List does
include some catch-all categories like
Heart, Kidney & Haematological problems
but that has to be dealt separately on
individual basis.
❑ Since most occupational disorders can also be
caused by non-occupational exposures also
therefore proper relation is must before fixing
the compensation.
❑ The final content of a schedule must therefore
be a balance between a restrictive approach,
which will mean some workers with genuinely
work-related illness will find it difficult to
receive compensation, and a more inclusive
approach, which runs the risk of some people
receiving compensation for a disorder that is in
fact not due to their occupation.
❑ List of occupational disorders to be used
as a schedule for compensation purposes ,
on a combination of specific disorder-
exposure combinations.
❑ Criteria for inclusion can usefully cover
strength of evidence, clear diagnostic criteria
and the proportion of the cases of that
disorder in the overall population.
THANK YOU VERY MUCH

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Dr. J. K.

"hazardous process" means any process or activity in

1. Cause impairment of the health of the person

❑ Coal , Coke , Lignite & Fuel Gases Industries.

❑ Pulp & Paper Industries.

❑ Petroleum & Oil Refineries, Lubricating Oil &

❑ Fermentation – Distilleries & Breweries

❑ Chemical Industries & Coal Tar distillation.

❑ Industrial Gases Production [nitrogen,

❑ Grinding & Glazing Of Metals

❑ Conspicuously Asbestos Industry is taken

❑ Manufacturing & Handling with Benzene.

❑ The inclusion of disorders are based on

1. For many disorders, the level of scientific

2. The connection with the work place of the

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