Ban Asbestos Network of India (BANI) works for Asbestos Free India since 2002. Occupational Health India and ToxicsWatch Alliance are its members that includes occupational health doctors, researchers and activists. BANI demands criminal liability for companies and medico-legal remedy for victims. It works with trade unions, human rights, environmental and public health groups. For Details:firstname.lastname@example.org, email@example.com, firstname.lastname@example.org
Tuesday, May 10, 2011
Make Maharashtra Free of Cancer Causing Asbestos Fibers
Shri. Ratnakar Yashwant Gaikwad
Government of Maharashtra
Subject-Need to Make Maharashtra Free of Cancer Causing Asbestos Fibers
Dear Shri Gaikwad,
With reference to a news report "Maha govt constitutes board for welfare of construction workers" issued by PTI dated 10th May, 2011, this is to draw your attention towards the "Research (that) has found that needle-like crystals permanently penetrate the lung tissue when dust-sized particles of asbestos are inhaled. The crystals can eventually cause scarring of the lungs, called asbestosis, and can cause cancer of the lining of the lung, called mesothelioma. Both diseases are incurable and terminal."
I wish to submit that there is a need to ban of all forms of asbestos from the construction industry and from all other
industrial sectors in Maharashtra, to promote the effective regulation of work with in -situ asbestos in demolition, conversion, renovation and maintenance works by law, to work for the elimination of diseases caused by asbestos and to promote social justice for those affected by asbestos.
I submit that considering that all forms of asbestos, including chrysotile, are classified as known human carcinogens by the International Agency for Research on Cancer and by the International Programme for Chemical Safety, and recognised as such by the
international scientific community; 90% of all asbestos produced is chrysotile and 90% of chrysotile asbestos is used in asbestos cement materials.
It has taken three decades of efforts and the emergence of suitable alternatives for a comprehensive ban on the manufacture and use of asbestos and asbestos containing products to be adopted in more than forty countries.
I submit that immediate steps are required to ban all mining, manufacture, recycling and use of all forms of asbestos and asbestos-containing materials as soon as possible. While I submit that there is a need to protect employment of those currently employed in the asbestos cement sector through efficient reconversion of the industry, there is also a necessity to make the protection of workers against asbestos exposure a priority and to ensure proper compensation, medical treatment and support for the victims of
asbestos related diseases
I submit that while ban on asbestos is a must, safe removal of asbestos from buildings and other places would be long drawn and arduous process besides the compensation and rehabilitation of asbestos victims.
In such a backdrop, I submit that in an order dated January 21, 2011, Hon’ble Supreme Court’s bench of Chief Justice of India Justice S.H. Kapadia, Justice K.S. Panicker Radhakrishnan and Justice Swatanter Kumar has observed in para 15, “the Government has already presented the Bill in Rajya Sabha. The statement of objects and reasons of this Bill specifically notices that the white asbestos is highly carcinogenic and it has been so reported by the World Health Organisation. In India, it is imported without any restriction while even its domestic use is not preferred by the exporting countries.” It is noteworthy that once a Bill is introduced in Rajya Sabha, it never lapses.
The Bench of Chief Justice of India notes, “Canada and Russia are the biggest exporters of white asbestos. In 2007, Canada exported 95% of the white asbestos, it mined out of which 43% was shipped to India. In view of these facts, there is an urgent need for a total ban on the import and use of white asbestos and promote the use of alternative materials. The Bill is yet to be passed but it is clearly demonstrated that the Government is required to take effective steps to prevent hazardous impact of use of asbestos.”
I wish to inform you that the World Health Organization (WHO) has issued a new factsheet on asbestos:http://www.who.int/mediacentre/factsheets/fs343/en/index.html It re-iterates that the most efficient way to eliminate asbestos-related diseases is to stop the use of all types of asbestos and specifically states that its strategy is particularly targeted at countries still using chrysotile asbestos. The factsheet notes that “more than 107 000 people die each year from asbestos-related lung cancer, mesothelioma and asbestosis resulting from occupational exposure.”
I submit that the work of WHO and International Labour Organization (ILO) must be taken cognisance of by Maharashtra Government in its efforts towards elimination of asbestos-related diseases “by recognizing that the most efficient way to eliminate asbestos-related diseases is to stop the use of all types of asbestos and by providing information about solutions for replacing asbestos with safer substitutes and developing economic and technological mechanisms to stimulate its replacement.”
I wish to draw your attention towards the New Delhi Declaration Seeking Elimination of cancer causing all forms of asbestos including Chrysotile from India which was adopted and endorsed by eminent scientists and doctors on 24th March, 2011. This happened at a Round Table which was organized immediately after the conclusion of International Conference on "Emerging Trends in Preventing Occupational Respiratory Diseases and Cancers in Workplace" at Maulana Azad Medical College that expressed grave concern about asbestos related diseases like lung cancer in the national capital. The Declaration is given below for your perusal and immediate consideration.
The delegates at the Round Table discussed the asbestos policy of Maharashtra. These delegates shared their views and gave their valuable hand written notes so that it can be used in a credible way while strongly recommending the need for immediate ban on asbestos to Government of India, State Governments and the relevant ministries.
I wish to submit that during a visit to New Delhi in March 2011, Dr Alec Farquhar, Managing Director, Occupational Health Clinics for Ontario Workers, Canada said, “We now have around 500 asbestos cancer cases every year in Ontario from a population of 13 million. If you (India) continue on your current path, you will multiply our death count by 100 times. That would be 50, 000 Indian workers dying every year from asbestos. In Ontario, we learned that safe use of asbestos is impossible. I urge you from the bottom of my heart, please do not make the same mistake as we made in Canada. Stop using asbestos and use a safe alternative.”
I submit that Professor Elihu D Richter MD MPH, Hebrew University-Hadassah School of Medicine, Israel said, “All form of asbestos kill. India should bury asbestos, not people. Here is a case for examining whether those countries which export asbestos to India are committing a crime against humanity, because they are engaging in willful neglect. India should not repeat the mistakes of going back some 70 years which will kill tens of thousands of workers and their families.” Richter too was in New Delhi in March 2011.
It must be noted that “No matter what mis-information comes of Canada or the Indian asbestos industry about Chrysotile, there is no question that science has shown that Chrysotile causes asbestosis, lung cancer and mesothelioma. This is the conclusion of World Health Organisation. The International Agency for Research on Cancer, and other organizations that have no biases except for protecting people’s health,” said Prof. Arthur L Frank, MD, PhD, Department of Environmental and Occupational Health, Drexel University School of Public Health, US. He has over 40 years work experience in dealing with asbestos related health effects. He was in India to make a presentation at an International Conference on Occupational Health.
I submit that Collegium Ramazzini, a Italy based independent, international academy founded in 1982 by Irving J. Selikoff, Cesare Maltoni and other eminent scientists has called for the elimination asbestos of all kinds. Presenting her views, Prof (Dr) Qamar Rahman, fellow of National Academy of Sciences, Dean, Integral University, Lucknow & former Deputy Director, Industrial Toxicology Research Centre, Lucknow asserted, “This is high time that Government of India should ban the use of asbestos in India. It has been proven scientifically that asbestos based articles such as roof ceilings, storage tanks will release fibers. The asbestos fibers will be the cause of exposure to our coming generations.” This merits your immediate attention.
It may noted that the conference was organised by Centre for Occupational Health, New Delhi supported by Union Ministry of Labour & Employment, ESI, DGMS and DGFASL in collaboration with Drexel University, US at Maulana Azad Medical College, New Delhi from 22-24 March, 2011.
The conference was deeply concerned about asbestos related diseases and the alarming rise of asbestos in India.
In such a backdrop, in short, I request you to take steps on the following points:
· Do not grant environmental clearance to the proposed asbestos sheet plant
· Deny Consent to Establish to this hazardous factory unit
· Create a Registry of Incurable Lung Cancers and Mesothelioma besides a registry of asbestos related diseases
· Start efforts to decontaminate asbestos laden buildings including schools and hospitals
· Create a building registry of those buildings and products which have asbestos.
· Include environmental and occupational health study in the medical education of all the medical colleges in the state
· Stop procurement of cancer causing asbestos based products in Maharashtra
· Adequately compensate the victims of asbestos-related diseases, create a database of asbestos exposed people and victims as well besides providing legal and possible medical relief and taking preventive measures
I would be quite happy to share more details about the asbestos related incurable diseases.
Ban Asbestos Network of India (BANI)
Occupational Health India
Mb: 09818089660, 07739308480
Chief Minister, Maharashtra
Union Environment Minister
Union Health Minister
Union Commerce Minister
Union Finance Minister
Dr Barry Casttleman, Author, Asbestos: Medical and Legal Aspects
Dr P L Ahuja Rai, Director, Union Ministry of Environment & Forests
New Delhi Declaration
Seeking Elimination of all forms of Asbestos including Chrysotile from India
Date: 24 March, 2011
Recalling the Ban Asbestos Resolution of 2002, WHO Resolution of 2005 and ILO Resolution of 2006 seeking elimination of future use of asbestos of all forms, in the face of massive asbestos exposure underway in India;
Taking note of The White Asbestos (Ban on Use and Import) Bill, 2009 introduced in Rajya Sabha (Upper House of Indian Parliament) and the order of the Kerala State Human Rights Commission banning the use of asbestos in schools;
Considering the anti asbestos movement against 12 proposed asbestos plants in Bihar in face of massive people’s resistance;
Outraged at the Union of India’s Budget 2011-12’s callous reference to asbestos by including it under the Rashtriya Swasthya Bima Yojana to cover ‘unorganized sector workers in hazardous mining and associated industries like asbestos etc’ and on the other hand Bihar’s Deputy Chief Minister’s Budget is allocating land for 4 new asbestos plants;
Recognising the fact that enviro-occupational health infrastructure in India is weak or non-existent in the face of workers and consumers who are sick and dying from asbestos-caused cancer and other related diseases;
Endorsing The STATEMENT OF OBJECTS AND REASONS of The White Asbestos (Ban on Use and Import) Bill, 2009 introduced in the Indian Parliament that reads: “The white asbestos is highly carcinogenic even the World Health Organisation has reported that it causes cancer. It is a rare fibrous material that is used to make rooftops (roofing material) and break (brake) linings. More than fifty countries have already banned the use and import of white asbestos. Even the countries that export it to India prefer not to use it domestically. But in our country, it is imported without any restriction. Canada and Russia are the biggest exporters of white asbestos. In 2007, Canada exported almost Ninety five percent of the white asbestos it mined and out of it forty-three percent was shipped to India. It is quite surprising that our country is openly importing huge quantity of a product, which causes cancer. This is despite the fact that safer and almost cheap alternatives to asbestos are available in the country. Instead of importing a hazardous material, it will be better if we spend some money in research and development and use environment friendly product. In view of the above, there is an urgent need for a total ban on the import and use of white asbestos and promote the use of alternative material.”
Appreciating Supreme Court of India’s order of 21st January, 2011 that takes cognizance of the above mentioned Bill and the resolutions of ILO and WHO and seeks government to take immediate preventive steps;
Taking cognizance of the human rights violation involved in exposing people to killer asbestos fibers and how even if few asbestos fibre reach the right places, it causes irreversible damage leading to asbestosis, lung cancer or mesothelioma;
Considering Government of India’s role in preventing the listing of chrysotile asbestos as a hazardous product under the Rotterdam Convention, an International Agreement that requires that importing countries be warned of the risks associated with hazardous products is unbecoming of a nation of India’s stature. It is unconscionable that the government knowingly allows trades in a killer product that will cause death of hundreds of thousands of people in India in general and in Andhra Pradesh, Jharkhand, Gujarat, Bihar and Rajasthan in particular and elsewhere in the world;
Reminding the Government of India that there is incontrovertible evidence that creates a compelling logic for making India asbestos free;
Condemning the asbestos exporting countries liaison with the Indian asbestos industry to which Government is turning a blind eye who have unleashed a misinformation campaign about controlled use of asbestos products which is a fantasy;
Disapproving Ministry of Environment & Forests Experts Appraisal Committee on Industry for approving environmental clearance of asbestos plants;
Asserting the fact that so far some 55 countries have banned all forms of asbestos, and are already using alternative materials;
Underlining that almost every international health agency of repute including the World Health Organization, the International Labor Organization, International Agency for Research on Cancer, Occupational Safety and Health Administration, National Institute for Occupational Safety and Health, and the American Cancer Society agree there is no safe level of asbestos exposure. Most recently, the International Agency for Research on Cancer (IARC) reconfirmed that all commercial asbestos fibers - including chrysotile, the most commercially used form of asbestos - cause lung cancer and mesothelioma. In addition, IARC newly confirmed that there is sufficient evidence that asbestos causes ovarian cancer and reconfirmed asbestos causes laryngeal cancer;
We urge the Government to adequately compensate the victims of asbestos-related diseases, create a database of asbestos exposed people and victims as well besides providing legal and possible medical relief and taking preventive measures. We call on the government to create a mesothelioma registry and a building registry of those facilities which have asbestos. We seek inclusion of environmental and occupational health study in the medical education of all the 300 medical colleges in India
We recommend that the Government should start efforts to decontaminate asbestos laden buildings including schools and hospitals
We express shock at the instance countries like Canada using tax-payers money and Canadian embassies to actively promote the sale of asbestos around the world;
We appeal to the Government of India to put a ban on export, import, manufacturing, use and mining of all forms of asbestos including chrysotile (white) in India.
We call upon the Government of India, State Governments in general and Bihar Government in Particular besides Indian Ministry of Health, Ministry of Environment, Ministry of Commerce, Ministry of Labour, Ministry of Consumer Affairs and Ministry of Mines to initiate steps for an immediate ban on use, manufacture and trade of all forms of asbestos (including Chrysotile or White Asbestos).
Prof (Dr) Arthur Frank, Professor, Chair: Department of Environmental and Occupational Health, Drexel University School of Public Health, US, Email- email@example.com
Dr Aleck Farquhar, Managing Director, Occupational Health Clinics for Ontario Workers, Canada, E-mail- firstname.lastname@example.org
Professor Elihu D Richter MD MPH, Hebrew University-Hadassah School of Medicine, Israel, Eemail@example.com
Dr Yael Stein, MD, Unit of Occupational and Environmental Medicine, Hebrew University, Israel, E-mail- firstname.lastname@example.org
Dr Lyle Hargrove, Chairperson, Occupational Clinics for Ontario Workers, Canada, E-mail- email@example.com
Prof (Dr) Qamar Rahman, Fellow, National Academy of Sciences, India & former Deputy Director, Industrial Toxicology Research Centre, Lucknow E-mail- firstname.lastname@example.org
Dr. T.K. Joshi, Fellow, Collegium Ramazzini, Italy, E-mail- email@example.com
Maha govt constitutes board for welfare of constructn workers
Maharashtra government has constituted a welfare board to utilise funds, collected by levying one per cent cess on construction activity of over Rs 10 lakh, for implementation of welfare schemes for construction workers.
Labour Minister Hasan Mushrif told reporters here today that as per the Building and Other Construction Workers (regulation of employment and conditions of service) Act 1996 of the Central government, a tripartite welfare board, headed by Labour Commissioner, has been constituted on May 1 this year. "So far, Rs 141 crore cess has been deposited in the account of the board till now.
It is expected that approximately Rs 1,000 crore will be collected annually. With this fund, various welfare schemes like provident fund, health insurance, pension, gratuity as well as other benefits as decided by the board will be given to the construction workers," the minister informed.
To support the board in implementation of these welfare schemes, one per cent cess on the cost of construction excluding the land value wilhttp://www.blogger.com/img/blank.gifl be deposited in the account of the board. The amount will have to be deposited at the time of granting of occupation certificate or completion certificate.
He said the state government''s GR on levying one per cent cess and constituting the board, along with detailed guidelines regarding registration of construction workers was issued on July 2010.
Mushrif said any worker involved in the construction of buildings, bridges, roads, who is aged between 18-60 years and who has worked for at least 90 days in the last 12 months will be eligible for registration.
This is reported by PTI in its release dated 10th May, 2011.
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