Make India Asbestos Free

Make India Asbestos Free
For Asbestos Free India

Journal of Ban Asbestos Network of India(BANI) and India Asbestos Victims Association(IAVA). Asbestos Free India campaign of BANI is inspired by trade union movement and right to health campaign. BANI has been working since 2000. It works with peoples movements, doctors, researcher-activists besides trade unions, human rights, environmental, consumer and public health groups. BANI-IAVA demand criminal liability for companies and medico-legal remedy for victims. Editor: Dr. G. Krishna, Advocate

Showing posts with label ILO. Show all posts
Showing posts with label ILO. Show all posts

Monday, May 27, 2024

Indian Ministry of Commerce and Industry ignores verdicts of Supreme Court, WTO and WHO's recommendations on Asbestos

On May 21 2024, several newspapers reported the release of the Press Trust of India (PTI) about a notification titled 'Asbestos or Fibre Cement based Products (Quality Control) Order, 2024 ' issued by the Department for Promotion of Industry and Internal Trade (DPIIT), Ministry of Commerce and Industry, Government of India on March 6, 2024. Business Standard reported it under the title "Govt rolls out mandatory quality norms for asbestos cement products." The news report reads: "The government has issued mandatory quality norms for asbestos or fibre cement-based products to curb the import of sub-standard goods and boost domestic manufacturing."  

It is apparent that Union Ministry of Commerce and Industry is caught in a time warp. Indian government took a legally inconsistent position before the WTO's Appellate Body in the Chrysotile Asbestos case between European Communities and Canada. The Appelllate Body endorsed and upheld the decision to ban white chrysotile asbestos in April 2001. Government of India has not been able to revise its position in the light of the 24 page long Supreme Court's judgement in Consumer Education Resource Centre v. Union of India (1995).      

The central government has exempted micro, small and medium enterprises (MSMEs) from the provisions of the notification Asbestos or Fibre Cement-based Products (Quality Control) Order, 2024, for specified periods.

https://www.bizzbuzz.news/industry/breather-for-msmes-on-asbestos-compliance-1316914?infinitescroll=1

The union government exempted micro, small and medium enterprises (MSMEs) from the provisions of the (Quality Control) Order, 2024 for a limited period. The micro units have been asked to comply with the Quality Control Order within 12 months of the issuance of the notification and small units have been given nine months. The ‘mirco’ and ‘small’ enterprises refers to those enterprises which are defined under the Micro, Small and Medium Enterprises Development Act, 2006. The exemption is also extended to the goods or articles manufactured domestically for the purpose of export.  

In the past, Business Standard published articles entitled Say no to white asbestos: It's time government bans production and use of this carcinogen and Thousands of people staged a "die-in" in Paris over authorities' failure to clear workplaces of asbestos, which can cause fatal respiratory diseases after long exposure. It also published an op-ed piece entitled Asbestos: Breathtaking Negligence on October 22, 2002 which pointed out that the Chrysotile Asbestos Cement Products Manufacturers' Association (CACPMA), an association of large manufacturers insist asbestos is not a health hazard despite growing global evidence to the contrary. It referred to the September 2, 2002 issue of India Today which carried an advertorial from the CACPMA to inform the public that white chrysotile asbestos does not cause cancer. The op-piece underlined that this is far from the truth. The World Health Organisation (WHO) has categorically said, "there is practically no safe level of exposure or use of asbestos against cancer". It is apparent that CACPMA and non-editorial team of the newspaper prevailed upon Business Standard to remove the op-ed piece from its website.    

It reported about the recall of approximately 23,000 Great Wall and Chery motor vehicles with engine and exhaust gaskets containing asbestos which was being monitored by Australian Competition and Consumer Commission (ACCC). ACCC stated that the asbestos is bound into gaskets in the engine and exhaust system and does not present any risk to consumers during use of the vehicle. However, consumers should not perform do-it-yourself maintenance that might disturb these gaskets. 
 
It reported about evacuation from the press gallery and nearby rooms of US Senate because of possible asbestos exposure and the investigation in to the possible exposure after workers discovered a broken air duct above the press gallery. The Capitol's House side was temporarily closed because of a "potential release" during asbestos abatement work. 
 
It also reported about Indonesia's asbestos 'time bomb'.

The Economic Times also reported about the Quality Control Order, 2024.  Earlier, it reported a news story entitled "Asbestos mining: National Green Tribunal raps MoEF for vague response". It reported about the US asbestosis cases, wherein Dow Chmemicals Company is defending or settling the suits on behalf of Union Carbide Corporation (UCC) as well as UCC’s subsidiary Amchem Products Limited, which UCC took over in 1977. It also reported that "Even as environmental protection agencies across the world are pushing for a complete ban on usage of asbestos in auto parts that put millions of auto technicians, repair mechanics and commuters at risk of contracting fatal diseases, India's environment ministry has claimed to be unaware of the problem in absence of any specific study on the issue." It pointed out that the Central Pollution Control Board (CPCB) in India had spoken about hazards of asbestos use in its report in 2008. Its observation got a mention in the environment ministry's environmental impact assessment (EIA) guidance manual on asbestos based industries in 2010. But, it does not appear to get a traction beyond controlling emission limits in organised industries. Asked how does the ministry monitor the use of asbestos in the country, the ministry said, "Implementation of emission limits of asbestos fibres from the stack, notified under the provisions of the Environment (Protection) Act, 1986, for industries uses asbestos is carried out by the concerned State Pollution Control Boards".
 
Khabar Infra reported "India tweak norms to boost asbestos production; 70 countries ban it". In the past, it has published an article entitled "J&J’s decision may curb talcum powder, asbestos items’ production".
Even as environmental protection agencies across the world are pushing for a complete ban on usage of asbestos in auto parts that put millions of auto technicians, repair mechanics and commuters at risk of contracting fatal diseases, India's environment ministry has claimed to be unaware of the problem in absence of any specific study on the issue.


the US asbestosis cases, Dow is defending or settling the suits on behalf of Union Carbide as well as Carbide’s subsidiary Amchem Products Limited, which Carbide took over in 1977.

Notably, prior to its reporting, the Quality Control Order was filed in the National Green Tribunal by India's Asbestos Fiber Cement Product Manufacturers Association, which is registered as a "non-profit" society. The submission of the "non-profit" society refers to the 24 page long Supreme Court's judgement in Consumer Education Resource Centre v. Union of India but omits significant part of the directions with regard to ILO resolution concerning Asbestos and the compensation to the certified victims in order to mislead the National Green Tribunal. This dishonest and insincere approach of the asbestos companies and DGFASLI demonstrates "their pre-existing ideological commitment to support corporate interests over worker or community interests."  The Supreme Court's bench of Justices K Ramaswamy, Chief Justice A.M. Ahmadi and M.M. Punchhi had given given specific directions. It reads: “All the industries are directed 

(1) To maintain and keep maintaining the health record of every worker up to a minimum period of 40 years from the beginning of the employment or 15 years after retirement or cessation of the employment whichever is later;

(2) The Membrane Filter test, to detect asbestos fibre should be adopted by all the factories or establishments at par with the Metalliferrous Mines Regulations, 1961; and Vienna Convention and Rules issued thereunder;

(3)  All the factories whether covered by the Employees State Insurance Act or Workmen's Compensation Act or otherwise are directed to compulsorily insure health coverage to every worker;

(4) The Union and the State Governments are directed to review the standards of permissible exposure limit value of fibre/cc in tune with the international standards reducing the permissible content as prayed in the writ petition referred to at the beginning. The review shall be continued after every 10 yews and also as an when the I.L.O. gives directions in this behalf consistent with its recommendations or any Conventions;

(5) The Union and all the State Governments are directed to consider inclusion of such of those small scale factory or factories or industries to protect health hazards of the worker engaged in the manufacture of asbestos or its ancillary produce;

(6) The appropriate Inspector of Factories in particular of the State of Gujarat, is directed to send all the workers, examined by the concerned ESI hospital, for re-examination by the National Institute of Occupational Health to detect whether all or any of them are suffering from asbestosis. In case of the positive Ending that all or any of them ant suffering from the occupational health hazards, each such worker shall be entitled to compensation in a sum of rupees one lakh payable by the concerned factory or industry or establishment within a period of three months from the date of certification by the National Institute of Occupational Health." This land mark judgement recognized right to health as part of the fundamental right to life.

The members of the India's Asbestos Fiber Cement Product Manufacturers Association have not been complying with these directions of the Supreme Court. They are trying to mislead the Tribunal by withholding the full text of the landmark judgement of the Supreme Court which has recognised right to health as part of fundamental right to health.

The word "Asbestos" has become so notorious that Asbestos Cement Products Manufacturers Association has changed its name to hide the word "Asbestos". Now it calls itself "Fiber Cement Product Manufacturers Association"! But in their naked lust for profit they will have present and future generations of Indians and residents in India including the foreign embassies and foreign visitors whose countries have banned all kinds of asbestos, that foreign asbestos is “safe”. Notably, the government of India has banned mining of all kinds of asbestos due to its harmful effect on human health. The Asbestos Fiber Cement Product Manufacturers Association will have media, legislatures and courts and residents of India believe that Indian asbestos is unsafe, hazardous, poisonous and harmful but asbestos from Russia, Brazil, Kazakhstan and China is safe, non-hazardous, non-poisonous and harm free.

BANI’s work is dedicated to the implementation of the Court’s directions and the recommendations of ILO and WHO to prevent preventable diseases and preventable deaths by prevention of asbestos trade, manufacture and use. It demands revision of the provisions of the Factories Act, 1948 which declare manufacture, handling and processing of Asbestos and its products as Hazardous Process but do not impose ban on manufacture, handling and processing of asbestos and asbestos based products. It seeks amendment in the Schedule XIV, Section 87 of the Factories Act which deals Dangerous Operation of “Handling and Processing of Asbestos, Manufacture of any Article or Substance of Asbestos and any other Process of Manufacture or otherwise in which Asbestos is used in any Form’ to ensure that India supports listing of chrysotile asbestos under list of hazardous substances as per UN’s Rotterdam Convention.

BANI has  demanded cancellation of all the environmental clearances and No Objection Certificates given to asbestos based factories and ban on all asbestos based products. It seeks legal and medical relief for the victims of incurable asbestos related diseases caused by primary and secondary exposure. It wants asbestos free schools and hospitals, asbestos free powder, asbestos free water supply pipes and asbestos free vehicles. It demands decontamination of all the public and private buildings including foreign embassies which are ridden with asbestos fibers. The decision making with regard to asbestos must be shifted from the commerce ministry, a promoter of trade in asbestos, to the health ministry, a regulator of health hazards. The latter must be empowered to ensure that it gives precedence to public health.

BANI joined the protest of villagers in Bihar and Odisha against asbestos based factories. It led to stoppage of five factories in Bihar and one in Odisha. Bihar Chief Minister assured the State Assembly on July 1, 2019 that such plants will not be allowed in the State. It is significant that despite the assurance two units of asbestos based factories of Chennai based Ramcoe Industries Ltd are operating in Bihiya, Bhojpur, Bihar with environmental clearance and NOC for one unit. It is noteworthy that it is admitted that Fibre Reinforced Cement Products Subcommittee for BIS standards includes asbestos companies like Ramco Industries Ltd, Hyderabad Industries Ltd, Eternit Everest Industries Ltd.,  Kalani Asbestos Cement Pvt Ltd. and Shri Digvijay Cement Co Ltd. in the affidavit filed by Asbestos "Fiber Cement Product Manufacturers Association" before the Principal Bench of the National Green Tribunal. It is a classic case of culprits of environmental and public health crimes setting up norms and standards for their own regulation! 

     

Monday, September 10, 2018

ToxicsWatch writes to Ship Breaking Scrap Committee on Death of workers at Alang beach, Bhavnagar, Gujarat


To

Joint Secretary (Shipping)
Ministry of Shipping
Government of India
New Delhi

Chairman
Ship Breaking Scrap Committee
Ministry of Shipping
Government of India
New Delhi

Date: 10 September, 2018

Through Shri S.D. Kaushik, Ministry of Shipping

Subject- Death of workers at Alang beach, Bhavnagar, Gujarat on 31st August, 2018 

Dear Sir/Madam,

Thank you for your reply dated September 6, 2018 communicated through Shri S. D. Kaushik in response to my letter dated June 28, 2018 and for initiating steps to procure a factual report in the matter of unfortunate death of labourers during ship dismantling operations at Alang-Sosiya Ship Recycling Yard (ASSRY) on Alang beach, Bhavnagar coast, Gujarat. I really appreciate the letter of the Ministry of Shipping sent to Gujarat Maritime Board (GMB) seeking urgent report in this matter indicating the action taken.

I wish to inform you that two more workers got killed while dismantling at Alang-Sosiya Ship Recycling Yard (ASSRY) on the Alang Bhavnagar coast on 31st August, 2018 on plot number 103 of the yard on Alang beach. The plot is owned by Honey Ship Breaking Private Limited of Honey Bansal and Rajbhai Bansal. These two workers have been identified as 36 years old Budhabhai Kudecha of Alang village in Bhavnagar, Gujarat and 34 years old Ali Ahmed Ansari of Jharkhand. Indian Express reported on September 1, 2018 that while working on the ship, these workers fell down and were rushed to the government hospital in Talaja town but doctors declared them dead on arrival. (Reference: Gujarat: 2 labourers fall to death while dismantling ship, Indian Express, September1, 2018, https://indianexpress.com/article/india/gujarat-labourers-fall-to-death-while-dismantling-ship-5334641/) The name of the end-of-life foreign ship in question, the country of its origin and its port of registry have not been disclosed. From the news report it is apparent that no offence has been registered so far.

It may be recalled that Bhavnagar Customs officers had seized the two end-of-life foreign vessels, namely Malek and Luna-H when they were heading towards the ship-breaking yard’s plot numbers 40 (owned by Shirdi Steel Traders of Honey R. Bansal and Rajbhai Bansal) and 103 (belonging to Honey Ship Breaking Company of Honey R. Bansal and Rajbhai Bansal). The vessels had reportedly arrived for dismantling without proper documents. Sources had said preliminary investigation revealed that the last port registry documents may have been forged for easy entry in Indian waters. Both the vessels were last registered at a Dubai port. The state Anti-Terrorism Squad (ATS) had taken over the investigations of the two cargo vessels seized by Customs near the Alang Ship Breaking Yard off the Bhavnagar coast in early May 2010. The investigation had been taken over by the ATS. (Reference: ATS takes over probe of vessels seized near Alang, Hiral Dave, Indian Express, May 18, 2010, https://indianexpress.com/article/cities/ahmedabad/ats-takes-over-probe-of-vessels-seized-near-alang/). One does not know as to what was the outcome of the probe.  
I submit that this recent death also creates a logical compulsion for the Ministry of Shipping and its Ship Breaking Scrap Committee to inquire into these deaths and ensure that such deaths do not happen in future.
I wish draw your attention towards the minutes of the 8th and 9th meeting of Government of India’s 11-Member Expert Appraisal Committee (Infrastructure -2) [EAC] for projects related to all Ship Breaking Yard including Ship Breaking Unit and other projects, dealt with the issue of upgradation of existing ship recycling yard at Alang Sosiya, Gujarat for undertaking safe and environmentally sound ship recycling operations by Gujarat Maritime Board (GMB) and further consideration for Environmental and Coastal Regulation Zone (CRZ) Clearance under the Chairmanship of Prof. T. Haque. The EAC stipulated the following specific conditions along with other environmental conditions while considering the project for accord of environmental and CRZ clearance:
i)                    GMB shall implement the plan for upgradation of the existing ship recycling units in such a way that will help to improve the overall marine water quality of the sea atleast for Class SW-IV water (for harbour water) parameters i.e. pH range 6.5-9.0; Dissolved Oxygen 3.0 mg/l or 40 percent saturation value, which ever is higher; Colour and Odour: no noticeable colour or offensive odour; Floating Matters Oil, grease and scum (including Petroleum products) 10 mg/l; Fecal Coliform 500/100 ml (PAN) Not exceeding 1000/100 ml in 20 percent of samples in the year and in 3 consecutive samples in monsoon months; Biochemical Oxygen Demand (3 days at 27°C) 5 mg/l; Biochemical Oxygen Demand (BOD) (3 days at 27°C) 3 mg/l restricted for bathing.
ii)                  All the recommendations and conditions specified by Gujarat Coastal Zone Management Authority vide letter no. ENV-10-2016-99-E (T Cell) dated 8th June, 2016 shall be complied with.
iii)                All details on waste management and handling as given in letter no. GMB/ENV/91(C)/JICA/5404 dated 19-7-2016 as submitted before the committee should also be provided to the State Pollution Control Board along with the application for consent and authorisation to enable them to verify compliance on site before the consents to operate , authorisation or any other permission to operate is given. An action plan shall be formulated, documented and implemented for the existing and proposed dock to ensure zero waste spill.
iv)                The Project proponent shall ensure that no creeks or rivers are blocked due to any activities at the project site and free flow of water is maintained.
v)                  While breaking the ship, boom (circular pneumatic type) should be placed around the ship to control the spillage.
vi)                Collection vehicles used for the collection and transportation of solid/liquid waste should be adequately designed to handle specific type of wastes and shall have protection against the leaking or spilling of solid waste or being blown or hurled from such vehicles.
vii)              Safety and health requirements relating to occupational exposure to Asbestos, while ship breaking shall be in compliance with IS11456-1986 and subsequent amendments. Facility must ensure that workers are not exposed to air-borne asbestos concentrations in excess of prescribed Permissible Exposure Limits (PELs).
viii)            There should be a safe working and operating procedures ensuring safe accessibility to all the areas and compartments of the ship and safe conditions for hot work.
ix)                Hazardous waste inventory that identifies, quantifies and locates the type of waste on board should be carried out before the ship comes to the shore. Chemical safety data sheets should be made available for each hazardous substance that is identified. As per the High Power Committee, maintaining the complete inventory of hazardous wastes on board is a mandatory task for any ship owner. This inventory shall be submitted by the State Maritime Board to the SPCB to ensure safe disposal of hazardous waste. Further permissions for ship anchoring and beaching will be based on hazardous waste inventory. ̇ Removing and cleaning of liquids, fuels and oils: Before start of ship dismantling, all the liquid residues should be removed and cleaned from the ship. This process may continue during the entire ship dismantling process.
x)                  The hazardous wastes identified by the inventory data be properly removed and disposed. ̇ Dismantling plan should be drawn before start of the work. This plan forms the basis for sectional breaking of the ship ̇ Proper storage, breaking and disposal of waste: Waste obtained during dismantling should be sorted and segregated based on the type of waste and disposal option. ̇ Specific wastes from the ship breaking yard are as follows: / Asbestos / Polychlorinated biphenyls (PCBs) / Bilge and ballast waters / Oils and fuels / Metal cutting / Paints ̇ Removal and Disposal of Miscellaneous Ship Machinery.
xi)                The Company should perform air surveillance activities in work areas where asbestos is being removed, including meeting the general monitoring criteria, conducting initial exposure assessments, and performing daily and periodic monitoring. The facility must keep an accurate record of all measurements taken to monitor the workers’ exposure to asbestos. ̇ Facility is required to conduct medical surveillance for all workers who, for a combined total of 30 or more days per year, are performing asbestos removal work or are exposed at or above the permissible exposure limit. This includes medical examination and consultation prior to beginning work, at least annually, and upon termination of employment. The facility must establish and maintain an accurate record for each worker subject to medical surveillance. These records must be maintained for the duration of the worker’s employment, plus an additional 30 years. (As per Hon’ble Supreme Court’s order in CERC v Union of India, records of workers’ health must be maintained for the duration of the worker’s employment, plus an additional 40 years in the case of workers who handle asbestos)
xii)              Company should provide, at no cost, a training program for employees likely to be exposed to asbestos removal work during the ship breaking.
xiii)            The removal of paints and coatings, regardless of the process used, generates wastes that must be managed and disposed. The Company should implement procedures to ensure that all wastes are contained and stored in a manner that will prevent their release into the environment.
xiv)            To ensure better safety and security of plots, open spaces (buffers) can be created for giving emergency access/ parking to/for fire tenders, installing water lines for emergency services, access to beach, anchoring rescue boats and dinghies.
xv)              Truck parking facility should be provided for easy accessibility of vehicles for transporting scrap and other materials and to relieve the traffic congestion around the yards. The parking facility should have basic infrastructure like potable water, sanitation, resting, shops, eating joints, vehicle repair shops, fuelling stations, etc., for the drivers. It should also have accommodation for transporter companies/agents. To accommodate more number of vehicles the trucks can be parked angularly.
xvi)            Facility must ensure that workers are protected from exposure to airborne PCB concentrations. As per OSHA (Occupational Safety and Health Administration) regulations, governing exposure to PCBs in the workplace include two time-weighted averages for chlorodiphenyl.
xvii)          All encroachments shall be removed and suitably rehabilitated as proposed. The project proponents would provide for waste management from eateries, dhabas and other sources within the area of jurisdiction/ influence of the project.
xviii)        All the recommendations mentioned in the rapid risk assessment report, disaster management plan and safety guidelines shall be implemented.
xix)            Automatic /online monitoring system (24 x 7 monitoring devices) for air pollution as well as water pollution in respect of flow measurement and relevant pollutants in the treatment system to be installed. The data to be made available to the respective SPCB and in the Company’s website.
I submit that these conditions are mandatory relevant for all the plots in the ship breaking/dismantling/recycling because the industrial operations got conditional clearance subject to compliance with the above mentioned conditions. The report of the GMB must provide details of their compliance with these conditions.
I submit that “Employer” which means a natural or legal person that employs one or more workers engaged in Ship Recycling as per Shipbreaking Code 2013 must be made to comply with the Code. As per the Code, the Ship Recycler shall have to submit an undertaking to the State Maritime Board/ Port Authority to the effect that they shall comply with the Safety, Health-'arid Environment (SHE) management aspects as per the SHE Policy as enumerated below before approval of the Ship Recycling Facility Management Plan (SRFMP):
(i) A policy with focus on adequate worker safety and the protection of human health and environment, including the establishment of goals leading to the minimization, and ultimately elimination of the adverse effects on human health and environment caused by ship recycling.
(ii) A system for ensuring implementation of the requirements set out in national, regulations, the achievement of goals set out in the policy of the company, and, a commitment for continuous improvement of the procedures used in ship recycling operations.
(iii) Identification of roles and responsibilities of supervisors, contractors, and workers.
(iv) A programme for appropriate training of workers and availability of adequate PPEs and material handling equipments.
(v) An emergency preparedness and response plan for the plot.
(vi) A system for monitoring the performance of the ship recycling operations.
(vii) A system for reporting how the ship recycling operations would be performed, including system for reporting discharges, emissions and accidents, including accidents causing damage or accidents having potential to cause damage to workers' safety, human health and the  Environment, due to handling of hazardous wastes, and materials containing hazardous substances.
As per the Code, the ship recycler is supposed to ensure that:-
 (i) A board displaying important precautions (do's and don'ts) to be followed during ship recycling activity is installed at prominent places on the plot and that such display is made in English and vernacular language(s) as understood by the workers employed on such plot
(ii)All the equipments on the plot such as crane, winch, chain rope and shackles, generator set and any other safety equipments as may be prescribed from time to time, shall be installed and maintained in accordance with the provisions of the Factories Act, 1948 and Rules made there-under and any other relevant Acts and Rules.
(iii)An explosive gas detector, a multi gas monitor including hydrogen sulphide (H2S) gas monitor and an oxygen percentage analyzer are available in the plot in working condition.
(iv) Proper lighting arrangement is made on the yard.
(v)Every Ship Recycling Facility should have a detailed emergency plan. The emergency plan should be rehearsed once in 6 months. Further, an off-site emergency plant for the whole district should be prepared and rehearsed once in a year.
I submit that the Shipbreaking Code 2013 states that “Permission for ship-recycling activities under this Code shall not be given to any ship- recycler by the SMB/Port Authorities unless the ship recycler has complied with all the requirements under the SRFMP.” The deaths of these workers show how permission for ship-recycling activities is being granted despite non-compliance with the requirements as per the Code.
I submit that accountability of all the concerned public institutions including GMB must be fixed to set matters right. The liability of the employer of these workers must be fixed. 
Besides compliance with conditions of environmental and CRZ clearance, the concerned public institutions and the employer must be made to demonstrate their compliance with the UN’s Basel Convention, Shipbreaking Code 2013 and orders of Hon'ble Supreme Court in Writ Petition (Civil) No. 657 of 1995.
Hon’ble Court has observed in its order that ship breaking “deserves to be strictly and properly regulated. When the ship arrives at a port for breaking, the concerned authorities have to be vigilant about the hazardous waste which may be generated if appropriate timely action by various agencies, in particular, Maritime Board and the SPCB are not taken. The major ship breaking activity in India is at Alang in State of Gujarat and, therefore, Gujarat Maritime Board and Gujarat SPCB have to be alive to the consequences of the appropriate steps to be taken before the breaking activities start. According to the recommendation of HPC, the Inter Ministerial Committee comprising Ministry of Surface Transport, Ministry of Steel, Ministry of Labour and Ministry of Environment should be constituted with the involvement of Labour and Environment organizations and representatives of the ship breaking Industries.”

I submit that Ship Breaking Scrap Committee has been set up a substitute of the Inter Ministerial Committee but it does not have involvement of Labour and Environment organizations.   

Hon’ble Court observed, “The ship breaking operating referred to above cannot be permitted to be continued without strictly adhering to all precautionary principles, CPCB guidelines and taking the requisite safeguards which have been dealt extensively in the report of precautionary principles, CPCB guidelines and taking the requisite safeguards which have been dealt with extensively in the report of HPC which include the aspect of the working conditions of the workmen.” Hon’ble Court relied on the report of a High Power Committee (HPC) with Prof. MGK Menon as its Chairman which it had constituted to examine all matters in depth relating to hazardous wastes.

I also wish to inform you that the minutes of the 9th meeting of EAC provide a list of all wastes including hazardous wastes generated in the process of dismantling of end-of-life ships.  Ship breaking activity generates hazardous wasets like Asbestos Containing Material (ACM), Sludge Residue and Contaminated Material, Plastics and Cables with Paint chips containing PCBs and Bilge water. In its submission GMB, the project proponent claimed before the EAC that there are two ship recycling plots have been selected for asbestos removal. At each plot, monitoring was carried out at two locations: One location is very near to the workers and the 2nd location is 4 feet away from the workers. The minutes record that “It is reported that exposure of Asbestos fibres are within the permissible exposure limit of 1fibre/cc at Alang Ship Breaking yard.”

Asbestos and ACM is found on ships in many types of materials Bulk-head and pipe thermal insulation, Bulkhead fire-shields / fireproofing, Uptake space insulation, Exhaust dust insulation, Weld shop protectors and burn covers, blankets and any fire fighting clothing or equipment, any other type of thermal insulating material, Brake linings, Steam, water and vent flange gaskets, Sound damping,  Moulded plastic products (e.g. switch handles, clutch linings), Sealing putty, Packing in shafts and valves and asbestos arc chutes in circuit breakers. When ACM is deteriorated, crushed or otherwise disturbed, asbestos fibres break up into very fine fibres and are released to the environment by either dispersing in the air, floating on water or accumulating on the ground. Because asbestos fibres are small (0.1 – 10 microns long) and light, they easily become airborne and remain so for long periods. People working in asbestos laden air inhale the fibres.

Asbestos exposure during ship recycling can occur by occupational exposure. Most significant asbestos inhalation occurs when workers are engaged in removing asbestos bearing thermal insulation (especially friable asbestos), handling of circuit breakers, cable, cable penetrations, removing asbestos containing floor tiles, handling and removing gaskets with piping and electrical systems as well as moulded plastic parts.

There is para-occupational exposure to asbestos. Workers families may inhale asbestos fibres released by their clothes that have been in contact with ACM. There is neighbourhood exposure as well. People who live or work near asbestos related operations may inhale asbestos fibres that have been released into the air by these operations. There are several types of lesions associated with asbestos inhalation – fibrosis, carcinoma and mesothelioma (cancer of mesothelial tissue e.g. pleura, peritoneum). Fibrosis is associated chronic industrial exposure to all forms for asbestos fibres. Usually 4 – 7 years chronic exposure is required to produce serious degree of fibrosis but the same can be hastened by smoking. Fibrosis causes persistent coughing, breathing trouble and impairs lung function; secondary problems can be fatal. In human beings asbestos has been known to cause cancer in lungs, pleura (outer covering of lungs), peritoneum (lining of abdominal cavity) and even intestines. There is evidence to suggest that brief but intense asbestos inhalation can lead to mesothelioma after a latency period of up to 40 years. Asbestos inhalation causes lysis of red blood cells, cytotoxicity of pulmonary macrophages and stimulation of collagen synthesis. These hazards are admitted in the Environment Impact Assessment (EIA) reports of projects that require handling of asbestos.

Although the General Conference of the International Labour Organization adopted a Resolution
conerning Asbestos on 14 June, 2006 and declared “all forms of asbestos, including chrysotile, are classified as known human carcinogens by the International Agency for Research on Cancer, a classification restated by the International Programme on Chemical Safety (a joint Programme of the International Labour Organization, the World Health Organization and the United Nations
Environment Programme)” and resolves “that (a) the elimination of the future use of asbestos and the identification and proper management of asbestos currently in place are the most effective means to protect workers from asbestos exposure and to prevent future asbestos related diseases and deaths; and (b) the Asbestos Convention, 1986 (No. 162), should not be used to provide a justification for, or endorsement of, the continued use of asbestos,” ship owners, ship breakers, EAC and GMB have been using Asbestos Convention, 1986 (No. 162) for the continued use of asbestos.

It is noteworthy that in Consumer Education and Research Centre (CERC) vs Union of India case Hon’ble Supreme Court has directed in the central and state governments “to review the standards of permissible exposure limit value of fibre/cc in tune            with the international standards reducing the permissible content as prayed in the      writ petition referred to at the beginning. The review shall be continued after every 10 yews and also as and when the I.L.O. gives            directions in     this behalf consistent with       its recommendations    or any Conventions.” Despite the fact that both central government and Gujarat government have to update their Permissible Exposure Limits (PELs) as per ILO’s directions and resolutions, they continue to give environmental clearance and No Objection Certificates to the industrial units that entail handling of asbestos. In the light of ILO’s resolution of June 2006, governments have to ensure prohibition on handling asbestos. This necessitates compliance with Hon’ble Supreme Court’s order in Writ Petition 657 of 1995 which required “Decontamination of ships (in the country of export) before they are exported to India for breaking.” Unless this is done worker’s lives cannot be saved.
  
I submit that under the amendments made in International Convention for the Safety of Life at Sea (SOLAS), 1974 on 6 December 2000 amendments on “Asbestos on board ships” prohibits the new installation of materials which contain asbestos on all ships in the construction - structure, subdivision and stability, machinery and electrical installations. The new regulation under SOLAS Chapter II-1 entered into force on 1 July 2002 with some exemptions. IMO Circular 1374: Information on Prohibiting the Use of Asbestos on Board Ships adopted in 2010 during the 88th Session of the Maritime Safety Committee has stopped these exemptions in order
to “prevent any further use of asbestos…”. Ministry of Shipping should take cognizance of the fact that IMO has joined international agencies – including the International Labor Organization, the World Health Organization, the International Agency for Research on Cancer – in recognizing the disastrous effects of asbestos exposure on human health. The ship recyclers and ship owners who employ workers to handle asbestos laden end-of-life foreign ships have been ignoring it on Alang beach, Bhavnagar, Gujarat.

It is noteworthy that Paint chips admittedly found on ships contain heavy metals such as lead, chromium, copper, Zinc and aluminum, toxic additives to inhibit marine growth and PCBs. It may be noted that the “International Convention on the Control of Harmful Anti-fouling Systems on Ships” adopted on 5th Oct., 2001 and in force since 17th Sept., 2008 prohibits the application or reapplication of organotins compounds which act as biocides in antifouling systems or the ships “shall bear a coating that forms a barrier to such compounds leaching from the underlying non-compliant antifouling systems”. These end-of-life ships also have e-wastes which contain PCBs, heavy metals (Lead, Beryllium, Copper, Cadmium, Mercury, Antimony, Hexavalent Chromium), PVCs and complex organic compounds such as Octabromodiphenyl ether (OBDE), Tetrabromobisphenol A (TBBPA). Many of these are toxic and once they enter the food chain can have long term toxic and teratogenic effects which may be fatal. Workers are routinely exposed to these hazards which act as slow poison. It incapacitates them with incurable diseases. 

I submit that the Shipbreaking Code 2013 prepared in compliance with Hon’ble Supreme Court’s order refers to hazardous materials-Asbestos Containing Materials (ACMs), Polychlorinated Biphenyls (PCBs), radioactive materials, Residual Radiation Level, Hazardous residues in Cargo Tanks and hazardous wastes in platforms and the vessels contained in the structure of the ships due to which it is difficult to cut and also involves safety hazards. Such end-of-life ships are treated as of “Special Concern" in the Code.  Wastes containing 50 mg/kg or more of PCBs are classified as “Hazardous Wastes” vide Schedule II of Hazardous Wastes (Management, Handling and Trans-boundary Movement), Rules, 2008. Chronic exposure leads to severe acne, edema formation, microsomal enzyme induction, porphyric action, oestrogen activity and immuno-suppression. PCBs are also strong skin irritants. Areas of skin exposed to PCBs develop pimples and dark patches which grow into pustules later. PCBs attack the liver causing acute yellow atrophy. Prolonged exposure leads to nausea, weight loss, jaundice, edema, abdominal pain and fatal liver damage. PCBs are also regarded as potent carcinogens. PCBs are known to pass through the placental barrier to affect the foetus. The inquiry report must provide details regarding such special concerns. 

It may be noted that Hon’ble Court has observed, “Hazardous Wastes are highly toxic in nature. The industrialization has had the effect of generation of huge quantitie of hazadous wastes. These and other side effects of development gave birth to principles of sustainable development so as to sustain industrial growth. The hazardous waste requires adequate and proper control and handling. Efforts are requires to be made to minimise it. In developing nations, there are additional problems including that of dumping of hazardous waste on their lands by some of the nations where cost of destruction of such waste is felt very heavy. These and other allied problems gave birth to Basel Convention. The key objectives of the Basel Convention are:" To minimize the generation of hazardous wastes in terms of quantity and hazardousness; to dispose of them as close to the source of generation as possible; to reduce the transboundary movement of hazardous wastes." It recorded how dumping of hazardous waste in India results in serious and irreversible damage to the environment, flora and fauna, health of animals and human beings and constitutes violation of Article 14 and 21 of the Constitution of India and the UN’s Basel Convention on Transboundary Movement of Hazardous Wastes and Their Disposal that was signed by India on 15th March, 1990 and ratified on 24th June, 1992.   
Hon’ble Court further observed, “The ratification of Basel Convention by India shows the commitment of our country to solve the problem on the principles and basis stated in the said document” and held that “The Basel Convention, it cannot be doubted, effectuates the fundamental rights guaranteed under Article 21.” The ongoing deaths of workers in on Alang beach, Bhavnagar, Gujarat shows how worker’s Right to Life has been violated with impunity and with no tangible remedy in sight so far. The trade in end-of-life foreign ships constitutes trade in hazardous wastes under the Basel Convention. It may be noted that foreign interests have been lobbying with Directorate General of Foreign Trade (DGFT), India’s Ministry of Commerce and Industry to establish a regime wherein free trade in hazardous waste get legalized forever. It is noteworthy that China has banned trade in foreign waste because it undermines the stature a nation among the comity of nations.     
In view of the above, I request you to ensure compliance with the Basel Convention, Shipbreaking Code 2013 and orders of Hon'ble Supreme Court besides providing legal remedy to workers’ families and taking steps for the improvement in the working and living environment of the workers because ongoing deaths of workers cannot be naturalized in any civilized and sovereign nation. 
Thanking you in anticipation.
warm regards
Dr Gopal Krishna
Editor, ToxicsWatch
Mb: 08227816731, 09818089660
E-mail: 1715krishna@gmail.com
Web: www.toxicswatch.org, www.asbestosfreeindia.org

"We may admire what he does, but we despise what he is."-referring to humans who act mechanically on instructions
-------Wilhelm von Humboldt, 1792

Cc
Chairman, Ship Breaking Scrap Committee
Secretary, Ministry of Commerce
Secretary, Ministry of Steel
Secretary, Ministry of Environment, Forests & Climate Change
Chairman, Central Pollution Control Board
Focal Point, Basel Convention, Ministry of Environment, Forests & Climate Change 
Member Secretary, Ship Breaking Scrap Committee
Member, Ship Breaking Scrap Committee
Shri S.D. Kaushik, Consultant, Ministry of Shipping
Shri Kushal Vashist, Director, MoEFCC & Member Secretary of EAC

P.S.: Earlier, on June 22, 2018 a laborer died due to flash fire in Bhavnagar's Alang Ship Breaking Yard Plate. A laborer named Odisha's Pintu Das Subhash Das died on the spot. When two laborers were injured. The injured have been shifted to Tilja Hospital for treatment. Two laborers were shifted to Taleja Hospital for treatment. The flash fire was leaked to the gas line in Plot No. 125 of the Alang Ship Breaking Yard of Mariya Ship Breaking P.Ltd of Shri Varun. Divya Bhaskar, a Gujarati newspaper reported “Bhavnagar: A laborer dies due to flash fire in Alang Sheep yard, two wounded”, https://www.divyabhaskar.co.in/news/SAU-BVN-OMC-LCL-flash-fire-in-alang-ship-breaking-yard-and-one-lobour-death-gujarati-news-5900887-PHO.html?seq=1 It may be noted that it was reported by Tv9 Gujarati, a Gujarati news channel and Sambhaav News as well. The name of the end-of-life foreign ship in question, the country of its origin and its port of registry has not been disclosed. From the news report it is apparent that no offence was registered.


Blog Archive