Mining causes havoc in Rajasthan: Report
UDAIPUR: Unregulated mining and rampant illegal mining in Rajasthan has systematically destroyed forests, devastated the Aravallis, and played havoc with the water resources of the state.
Atleast that is what the sixth state of India's environment report "Rich Lands, Poor People Is sustainable mining possible?" prepared by the Centre for Science and Environment says.
The report was recently released in Udaipur at a function co-organised by the Jodhpur-based Mine Labour Protection Campaign (MLPC), a public dialogue followed the release to discuss issues related to mining in the state.
With the industry ready to pounce on mining leases in schedule-V areas banned for the last nine years and opened by the previous Vasundhara Raje Scindia government in 2008 it is only a matter of time before the current government gives into pressure from industry and lure of the money, fears the report.
According to this extensive, 350-page report the state government has failed to regulate illegal mining in forest areas. Udaipur, the most forested district of Rajasthan is also the most mined. The government has issued leases for hundreds of mines in Sariska National Park despite repeated Supreme Court orders to close them down. This has had a devastating impact on the forest cover of the state.
As per the data provided in the report, Rajasthan holds reserves for 44 major and 22 minor minerals and is the only producer of garnet, jasper, selenite, wollastonite and zinc concentrates. It is also the leading producer of calcite, lead concentrate, ball clay, fireclay, ochre, phosphorite, silver and steatite. But it is best known for its production of marble, sandstone, marble and other stones. It produces 10% of the world's and 70% of India's output of sandstone. Ajmer, Bhilwara, Bikaner, Dungarpur, Jaipur, Pali, Rajsamand, and Udaipur are its main mining districts.
Report says that illegal mines have no mechanism in place to implement environmental protection measures. For instance, sandstone quarries may be as small as 200 x 100 feet and employ as few as five to eight people who make Rs 30-50 per day (for men) or Rs 15-30 per day (for women). "Because these mines operate beyond the law, workers' rights are not recognised. Basic facilities such as toilets and water do not exist, nor do safety procedures or compensation for accidents," says the report. In Makrana mines, there is an average of one death a day. According to the MLPC, there are three deaths every day from work-related illnesses like silicosis and tuberculosis.
Further, Rajasthan continues to dabble with asbestos despite a worldwide ban on the mineral. Rajasthan, which has 54% of India's asbestos resources, still has five to six operational mines. According to the World Health Organisation, all forms of asbestos causes cancer, with chrysotile asbestos increasing the risk to cancer. This is a major health risk for workers, especially since these illegal mines do not provide safety equipment or compensation in case of accidents or deaths.
The report has expressed great concern that extensive mining of sandstone, marble and other minerals has converted the Aravalis into a rocky wasteland. Despite Supreme Court orders and threats since 1996, mining has continued unabated in the Aravallis.
10 Mar 2009, Trilok Sharma,
TNN
Friday, March 20, 2009
Friday, March 6, 2009
Vedanta disowns Asarco's liabilities for asbestos & environmental crimes
Asarco, formerly known as American Smelting and Refining Company has gone bankrupt
London-listed Vedanta Group subsidiary Sterlite Industries is planning to submit a new bid for bankrupt US copper miner Asarco at almost half the $2.6 billion it offered 10 months ago.
Media reports say that the new bid ranges from $1.4 billion to $1.5 billion with Sterlite reportedly making installment payments over a five-year period. However, the initial payment is expected to be half of the purchase price.
If the deal goes through, fifth place Sterlite will become the world's third largest copper miner with an annual capacity of 650,000 tonnes and proven copper reserves of 5 million tonnes.
The meltdown in copper prices is believed to be the main reason for cutting the acquisition price, analysts opined yesterday.
Analysts predict that global copper prices will fall below $3,000 per tonne, and could even plunge to $2,500 in 2009. Price of copper in 2007 was around $6,250 per tonne due to stabilisation of supply compared to 2006.
Sterlite and Asarco's parent Grupo Mexico have been in negotiations over the deal for months.
Grupo Mexico bought Asarco, a Tucson-based mining, smelting and refining company, in 1999. However, eventually labour disputes led to a four-month strike, which ended in 2005 when Asarco filed for bankruptcy protection.
Grupo subsidiary Americas Mining had submitted its own reorganisation plan to retain its interest in Asarco, offering to pay up to $2.7 billion in as well as post a $440 million to ensure payment of Asarco's liabilities stemming from the asbestos and environmental litigation.
However, Sterlite and Asarco had signed a definitive agreement for the sale of substantially all the operating assets of Asarco for $2.6 billion in cash.
''We are delighted to have reached agreement on this important acquisition, which is a significant milestone for our group,'' Anil Agarwal, chairman, Sterlite, had said at that time.
Asarco's president and chief executive officer, Joseph F Lapinsky shared Agarwal's enthusiasm, saying that "we are extremely pleased with this agreement.''
''Reaching this agreement with a world class mining company is a giant step forward in our quest to successfully emerge from Chapter 11,'' he said.
A good fit
Asarco is considered as a logical and strategic fit to Sterlite's existing copper business and is expected to create significant long term value for all stakeholders.
The integrated assets to be acquired include three open-pit copper mines and a copper smelter in Arizona, US and a copper refinery, rod and cake plant and precious metals plant in Texas, US. The asset acquisition is on a cash free and debt free basis.
Sterlite will assume operating liabilities but not legacy liabilities for asbestos and environmental claims for ceased operations.
Last October, Sterlite backed out of the deal saying it would need a substantial reduction in price after a drop in the copper markets.
Sterlite has been facing several other issues regarding the takeover attempt since from the beginning.
The deal drew opposition in the US as several Green groups have urged the department of Justice to review the bid.
In their joint letter, Sierra Club, Environmental Integrity Project and Public Citizen/Texas Office claim Vedanta's environmental track record is worst than Asarco's, which filed for bankruptcy after being sued for $1 billion in environmental and asbestos-related litigation.
Vedanta is essentially a metals player with interests in copper, aluminum and zinc. Apart from Asarco, its copper assets are a smelting business in India (which needs imported feedstock), two copper mines in Australia which it bought before its 2003 London listing, and the Konkola copper mines in Zambia acquired in November 2004. In zinc and aluminum, its assets are almost entirely in India.
Asarco, formerly known as American Smelting and Refining Company, is an over 100-year old company and is currently the third largest copper producer in the US. It produced 235,000 tonnes of refined copper in 2007.
Asarco's mines currently have estimated reserves of approximately 5 million tonnes of contained copper. For the year ended 31 December 2007, Asarco had total revenues of approximately $1.9 billion.
London-listed Vedanta Group subsidiary Sterlite Industries is planning to submit a new bid for bankrupt US copper miner Asarco at almost half the $2.6 billion it offered 10 months ago.
Media reports say that the new bid ranges from $1.4 billion to $1.5 billion with Sterlite reportedly making installment payments over a five-year period. However, the initial payment is expected to be half of the purchase price.
If the deal goes through, fifth place Sterlite will become the world's third largest copper miner with an annual capacity of 650,000 tonnes and proven copper reserves of 5 million tonnes.
The meltdown in copper prices is believed to be the main reason for cutting the acquisition price, analysts opined yesterday.
Analysts predict that global copper prices will fall below $3,000 per tonne, and could even plunge to $2,500 in 2009. Price of copper in 2007 was around $6,250 per tonne due to stabilisation of supply compared to 2006.
Sterlite and Asarco's parent Grupo Mexico have been in negotiations over the deal for months.
Grupo Mexico bought Asarco, a Tucson-based mining, smelting and refining company, in 1999. However, eventually labour disputes led to a four-month strike, which ended in 2005 when Asarco filed for bankruptcy protection.
Grupo subsidiary Americas Mining had submitted its own reorganisation plan to retain its interest in Asarco, offering to pay up to $2.7 billion in as well as post a $440 million to ensure payment of Asarco's liabilities stemming from the asbestos and environmental litigation.
However, Sterlite and Asarco had signed a definitive agreement for the sale of substantially all the operating assets of Asarco for $2.6 billion in cash.
''We are delighted to have reached agreement on this important acquisition, which is a significant milestone for our group,'' Anil Agarwal, chairman, Sterlite, had said at that time.
Asarco's president and chief executive officer, Joseph F Lapinsky shared Agarwal's enthusiasm, saying that "we are extremely pleased with this agreement.''
''Reaching this agreement with a world class mining company is a giant step forward in our quest to successfully emerge from Chapter 11,'' he said.
A good fit
Asarco is considered as a logical and strategic fit to Sterlite's existing copper business and is expected to create significant long term value for all stakeholders.
The integrated assets to be acquired include three open-pit copper mines and a copper smelter in Arizona, US and a copper refinery, rod and cake plant and precious metals plant in Texas, US. The asset acquisition is on a cash free and debt free basis.
Sterlite will assume operating liabilities but not legacy liabilities for asbestos and environmental claims for ceased operations.
Last October, Sterlite backed out of the deal saying it would need a substantial reduction in price after a drop in the copper markets.
Sterlite has been facing several other issues regarding the takeover attempt since from the beginning.
The deal drew opposition in the US as several Green groups have urged the department of Justice to review the bid.
In their joint letter, Sierra Club, Environmental Integrity Project and Public Citizen/Texas Office claim Vedanta's environmental track record is worst than Asarco's, which filed for bankruptcy after being sued for $1 billion in environmental and asbestos-related litigation.
Vedanta is essentially a metals player with interests in copper, aluminum and zinc. Apart from Asarco, its copper assets are a smelting business in India (which needs imported feedstock), two copper mines in Australia which it bought before its 2003 London listing, and the Konkola copper mines in Zambia acquired in November 2004. In zinc and aluminum, its assets are almost entirely in India.
Asarco, formerly known as American Smelting and Refining Company, is an over 100-year old company and is currently the third largest copper producer in the US. It produced 235,000 tonnes of refined copper in 2007.
Asarco's mines currently have estimated reserves of approximately 5 million tonnes of contained copper. For the year ended 31 December 2007, Asarco had total revenues of approximately $1.9 billion.
Wednesday, March 4, 2009
Ban on indigenous chrysotile asbestos mining lifted
None of our schools, offices, legislatures, courts, hospitals, automobiles, private & public buildings are asbestos free
New Delhi: 4/3/2009: Despite the asbestos disease epidemic in US, Europe, Australia, Japan, South Africa and elsewhere, a recent document titled "HUMAN HEALTH RISK ASSESSMENT STUDIES IN ASBESTOS BASED INDUSTRIES IN INDIA" by Central Pollution Control Board (CPCB), Union Ministry of Environment Forests has failed to recommend ban on asbestos. The study was undertaken by the Industrial Toxicology Research Centre, Lucknow for the CPCB. The political patronage enjoyed by the industry is an open secret. It is clear from the document that the ban on indigenous chrysotile asbestos mining has been lifted.
Ban Asbestos Network of India (BANI) has written letters to the President, Vice President, National Human Rights Commission and the Defence Minister drawing their urgent attention towards a serious unprecedented environmental and occupational health crisis with regard to unnoticed asbestos epidemic in the country. Even if one asbestos fibre reaches the right place, it causes irreversible damage - leading to asbestosis, lung cancer or mesothelioma. Thirty deaths are caused per day from asbestos-related
diseases as per estimates based on US and European studies.
It has drawn their attention to the order of Kerala Human Rights Commission that has ruled that exposing Indians to asbestos is a human rights violation. This paves the way for the eventual complete ban on asbestos and its products. On January 31, 2009, the Commission ruled that the government should take steps to phase out asbestos roofing from all schools in the state.
BANI has requested these authorities to act immediately in public interest to ensure that use of the of all kinds of asbestos products is stopped because it is being used and encountered daily, because none of the schools, offices, legislatures, courts, hospitals, automobiles, private and public buildings in our country are asbestos free in our country. It has sought a Register of asbestos handlers and victims and award a compensation of at least Rs 20 lakh for the asbestos victims among other things.
According to the 2008 report of the Parliamentary Standing Committee on Science and Technology, Environment and Forests, “A technical person in the Gujarat State Pollution Control Board spares 1.77 days to monitor an industry in a year...while in Maharashtra the person spends only 1.23 days a year. This includes time taken on travelling.”
The Committee's Report on the Functioning of Central Pollution Control Board (CPCB) is must set the alaram belling ringing. Underlining the malaise that afflicts CPCB the Parliamentary Committee agrees with the Supreme Court’s monitoring committee on hazardous waste observation that 77 per cent chairpersons and 55 per cent member secretaries in State Pollution Control Boards are not qualified enough to hold the post.
How handicapped has our environmental regulatory bodies is best illustrated in the manner in which asbestos is allowed to be used in the country despite the fact that some 50 countries have banned it and even International Labour Organisation and World Health Organisation call for its elimination. Even World Trade Organisation upheld the
right of the Europe to ban this incurable cancer cauding killer fiber. In case of asbestos, a carcinogen, India has no policy to discourage its use in textiles, building materials, insulation and brake linings in automobiles. Since the import of asbestos is cheaper than any of its alternatives like poly venyl alcohol, there is no economic
incentive to shift to cleaner production. There are alternatives within India also like natural cellulose fibre and a lot of research has been done on it, but there is little budget to promote it in the market. The situation with regard to monitoring of occupational health concerns arising from the ongoing manufacturing of asbestos products
is no different. In fact it is worse. The manner in which one of the world's most vulnerable work force in the asbestos and ship breaking industry is compelled to work in degrading, dangerous and highly exploitative condition is a case of outrageous barbarism with active connivance of the government.
When the world is preparing and planning to get rid of all forms of asbestos, it makes us look stupid in India to be still importing it and lifting the ban on chrysotile asbestos mining, we should devote our scarce resources to prevent the impending disaster by phasing it out as soon as we can. Safer substitute materials for white asbestos are available, they should be considered for use.
It is high time Government of India took note of ongoing asbestos exposures of citizens, consumers and workers and took immediate remedial measures. The exposure of construction workers and automobile mechanics for instance defies regulatory control efforts in any country.
In the foreword to the CPCB report, J. M. Mauskar, the ex-officio Chairman of the CPCB and Joint Secretary, MoEF writes, "Asbestos is mainly used for manufacturing asbestos-cement sheets, asbestos-cement pipes, brake lining, clutch lining, asbestos yarn & ropes, gaskets & seals etc. Organised asbestos industrial units are mostly using imported chrysotile variety of asbestos. The indigenous asbestos is mostly used by the unorganized sector. This report provides detailed information on human risk of asbestos exposure and its health effects. The study includes asbestos monitoring at work environment, characterization and toxicity of indigenous asbestos, occupational and personal histories of workers, their clinical examinations, lung function tests and chest radiological examinations. It appears from the present investigation that unorganized units have poor industrial hygiene conditions. The report also recommends various preventive measures to reduce the risk of workers exposed to asbestos."
Underlining its risk it makes the following recommendations that ends up promoting mythical safe and controlled use of asbestos in order to safeguard the asbestos industry's lust for profit at any human cost. In the light of the study, the following recommendations that tantamounts to lip service in the absence of complete ban have been made to reduce the human risk of asbestos exposure and its health hazard:
1. All the workers should be provided with medical surveillance by the employer.
Medical surveillance programme should consist of the following:
• Pre- employment medical surveillance
• Periodic medical examination
• Medical examination at cessation of employment
• Maintenance of medical records; and
• Health education
Medical examination record should be maintained and stored for a period of 10
years following the termination of employment, or for 40 years after first day of
employment, whichever is later.
The Medical Doctor appointed for examining the workers should be trained in
Occupational Health. This will facilitate early detection of occupational related
diseases in the workers.
In order to comply the recommendations contained in IS:11451-1986, employer
should stop existing practice of employment of temporary, contract workers or
daily wage workers.
2. The Ministry of Mines had decided to continue the ban on mining of amphibole
variety of asbestos. By the time this ban is implemented in totality, following
measures are required to be taken by the asbestos milling units of Rajasthan.
• Preferably complete plant machinery requires to be redesigned with
proper engineering controls to reduce asbestos fibre emission.
• Manual handling of asbestos should be reduced to minimum.
• Fugitive emissions generated needs to be controlled.
• Asbestos bearing stones should be stored in a covered shed to avoid
fugitive emission.
• All material transfer point should be connected to dust extraction system.
3. Floor should be cleaned by vaccum cleaner only.
4. Workers likely to get exposed to asbestos should wear protective clothing and
respiratory equipment.
5. The asbestos based product manufacturing industries should operate and
maintain the air pollution control devices properly so as to comply with the
emission standards of 0.2 fibre / cc for asbestos fibre and 2 mg / Nm3 for total
dust. The monitoring should be carried out regularly and data should be
submitted to State Pollution Control Board and Central Pollution Control Board.
6. The asbestos fibre concentration at work place should not exceed 1 fibre / cc, as
per Factories Act, 1948.
7. The asbestos based units should get asbestos fibre monitoring done on regular
basis.
8. All the organized and unorganized industries should ensure good house keeping practices to reduce the asbestos exposure.
9. Work place asbestos standards should be brought down from 1 fibre/cc to 0.1 fibre/cc under the Factories Act, 1948 to reduce the risk of asbestos exposure.
10. Workers should be given education about the risk associated with asbestos dust exposure, potential health effects, etc.
11. Display board should be provided showing the hazards associated with asbestos and recommended precautionary measures.
Although some 60 countries have recognized that safe and controlled use of asbestos of all kinds is not possible, CPCB under tremendous influence of the asbestos industry recommends standards even at the risk of sounding ridiculous in the comity of nations.
It has come to light through RIght to Information application and admitted in the parliament by the Minister concerned that the studies conducted by the national occupational health institute is being funded by the chrysotile asbestos industry. The recent CPCB document refers to Project Advisory Committee members whose suggestions were deemed valuable but nowhere in the document does one find the names of these members. One would not be surprised if these members who facilitated the lifting of ban on mining of chrysotile asbestos and influenced the study to recommend continued use and manufacture were representatives from the chrysotile asbestos.
New Delhi: 4/3/2009: Despite the asbestos disease epidemic in US, Europe, Australia, Japan, South Africa and elsewhere, a recent document titled "HUMAN HEALTH RISK ASSESSMENT STUDIES IN ASBESTOS BASED INDUSTRIES IN INDIA" by Central Pollution Control Board (CPCB), Union Ministry of Environment Forests has failed to recommend ban on asbestos. The study was undertaken by the Industrial Toxicology Research Centre, Lucknow for the CPCB. The political patronage enjoyed by the industry is an open secret. It is clear from the document that the ban on indigenous chrysotile asbestos mining has been lifted.
Ban Asbestos Network of India (BANI) has written letters to the President, Vice President, National Human Rights Commission and the Defence Minister drawing their urgent attention towards a serious unprecedented environmental and occupational health crisis with regard to unnoticed asbestos epidemic in the country. Even if one asbestos fibre reaches the right place, it causes irreversible damage - leading to asbestosis, lung cancer or mesothelioma. Thirty deaths are caused per day from asbestos-related
diseases as per estimates based on US and European studies.
It has drawn their attention to the order of Kerala Human Rights Commission that has ruled that exposing Indians to asbestos is a human rights violation. This paves the way for the eventual complete ban on asbestos and its products. On January 31, 2009, the Commission ruled that the government should take steps to phase out asbestos roofing from all schools in the state.
BANI has requested these authorities to act immediately in public interest to ensure that use of the of all kinds of asbestos products is stopped because it is being used and encountered daily, because none of the schools, offices, legislatures, courts, hospitals, automobiles, private and public buildings in our country are asbestos free in our country. It has sought a Register of asbestos handlers and victims and award a compensation of at least Rs 20 lakh for the asbestos victims among other things.
According to the 2008 report of the Parliamentary Standing Committee on Science and Technology, Environment and Forests, “A technical person in the Gujarat State Pollution Control Board spares 1.77 days to monitor an industry in a year...while in Maharashtra the person spends only 1.23 days a year. This includes time taken on travelling.”
The Committee's Report on the Functioning of Central Pollution Control Board (CPCB) is must set the alaram belling ringing. Underlining the malaise that afflicts CPCB the Parliamentary Committee agrees with the Supreme Court’s monitoring committee on hazardous waste observation that 77 per cent chairpersons and 55 per cent member secretaries in State Pollution Control Boards are not qualified enough to hold the post.
How handicapped has our environmental regulatory bodies is best illustrated in the manner in which asbestos is allowed to be used in the country despite the fact that some 50 countries have banned it and even International Labour Organisation and World Health Organisation call for its elimination. Even World Trade Organisation upheld the
right of the Europe to ban this incurable cancer cauding killer fiber. In case of asbestos, a carcinogen, India has no policy to discourage its use in textiles, building materials, insulation and brake linings in automobiles. Since the import of asbestos is cheaper than any of its alternatives like poly venyl alcohol, there is no economic
incentive to shift to cleaner production. There are alternatives within India also like natural cellulose fibre and a lot of research has been done on it, but there is little budget to promote it in the market. The situation with regard to monitoring of occupational health concerns arising from the ongoing manufacturing of asbestos products
is no different. In fact it is worse. The manner in which one of the world's most vulnerable work force in the asbestos and ship breaking industry is compelled to work in degrading, dangerous and highly exploitative condition is a case of outrageous barbarism with active connivance of the government.
When the world is preparing and planning to get rid of all forms of asbestos, it makes us look stupid in India to be still importing it and lifting the ban on chrysotile asbestos mining, we should devote our scarce resources to prevent the impending disaster by phasing it out as soon as we can. Safer substitute materials for white asbestos are available, they should be considered for use.
It is high time Government of India took note of ongoing asbestos exposures of citizens, consumers and workers and took immediate remedial measures. The exposure of construction workers and automobile mechanics for instance defies regulatory control efforts in any country.
In the foreword to the CPCB report, J. M. Mauskar, the ex-officio Chairman of the CPCB and Joint Secretary, MoEF writes, "Asbestos is mainly used for manufacturing asbestos-cement sheets, asbestos-cement pipes, brake lining, clutch lining, asbestos yarn & ropes, gaskets & seals etc. Organised asbestos industrial units are mostly using imported chrysotile variety of asbestos. The indigenous asbestos is mostly used by the unorganized sector. This report provides detailed information on human risk of asbestos exposure and its health effects. The study includes asbestos monitoring at work environment, characterization and toxicity of indigenous asbestos, occupational and personal histories of workers, their clinical examinations, lung function tests and chest radiological examinations. It appears from the present investigation that unorganized units have poor industrial hygiene conditions. The report also recommends various preventive measures to reduce the risk of workers exposed to asbestos."
Underlining its risk it makes the following recommendations that ends up promoting mythical safe and controlled use of asbestos in order to safeguard the asbestos industry's lust for profit at any human cost. In the light of the study, the following recommendations that tantamounts to lip service in the absence of complete ban have been made to reduce the human risk of asbestos exposure and its health hazard:
1. All the workers should be provided with medical surveillance by the employer.
Medical surveillance programme should consist of the following:
• Pre- employment medical surveillance
• Periodic medical examination
• Medical examination at cessation of employment
• Maintenance of medical records; and
• Health education
Medical examination record should be maintained and stored for a period of 10
years following the termination of employment, or for 40 years after first day of
employment, whichever is later.
The Medical Doctor appointed for examining the workers should be trained in
Occupational Health. This will facilitate early detection of occupational related
diseases in the workers.
In order to comply the recommendations contained in IS:11451-1986, employer
should stop existing practice of employment of temporary, contract workers or
daily wage workers.
2. The Ministry of Mines had decided to continue the ban on mining of amphibole
variety of asbestos. By the time this ban is implemented in totality, following
measures are required to be taken by the asbestos milling units of Rajasthan.
• Preferably complete plant machinery requires to be redesigned with
proper engineering controls to reduce asbestos fibre emission.
• Manual handling of asbestos should be reduced to minimum.
• Fugitive emissions generated needs to be controlled.
• Asbestos bearing stones should be stored in a covered shed to avoid
fugitive emission.
• All material transfer point should be connected to dust extraction system.
3. Floor should be cleaned by vaccum cleaner only.
4. Workers likely to get exposed to asbestos should wear protective clothing and
respiratory equipment.
5. The asbestos based product manufacturing industries should operate and
maintain the air pollution control devices properly so as to comply with the
emission standards of 0.2 fibre / cc for asbestos fibre and 2 mg / Nm3 for total
dust. The monitoring should be carried out regularly and data should be
submitted to State Pollution Control Board and Central Pollution Control Board.
6. The asbestos fibre concentration at work place should not exceed 1 fibre / cc, as
per Factories Act, 1948.
7. The asbestos based units should get asbestos fibre monitoring done on regular
basis.
8. All the organized and unorganized industries should ensure good house keeping practices to reduce the asbestos exposure.
9. Work place asbestos standards should be brought down from 1 fibre/cc to 0.1 fibre/cc under the Factories Act, 1948 to reduce the risk of asbestos exposure.
10. Workers should be given education about the risk associated with asbestos dust exposure, potential health effects, etc.
11. Display board should be provided showing the hazards associated with asbestos and recommended precautionary measures.
Although some 60 countries have recognized that safe and controlled use of asbestos of all kinds is not possible, CPCB under tremendous influence of the asbestos industry recommends standards even at the risk of sounding ridiculous in the comity of nations.
It has come to light through RIght to Information application and admitted in the parliament by the Minister concerned that the studies conducted by the national occupational health institute is being funded by the chrysotile asbestos industry. The recent CPCB document refers to Project Advisory Committee members whose suggestions were deemed valuable but nowhere in the document does one find the names of these members. One would not be surprised if these members who facilitated the lifting of ban on mining of chrysotile asbestos and influenced the study to recommend continued use and manufacture were representatives from the chrysotile asbestos.
Friday, February 27, 2009
Make Rashtrapati Bhavan Asbestos Free
Smt. Pratibha Devisingh Patil, President of IndiaTo
Hon'ble President of India
New Delhi
Subject: Seeking urgent intervention make Rashtrapati Bhavan asbestos free & to stop use of cancer causing asbestos products
Madam,
With due respect I wish to seek your urgent intervention in the matter of a serious unprecedented environmental and occupational health crisis with regard to unnoticed asbestos epidemic in our country in general. Even if one asbestos fibre reaches the right place, it causes irreversible damage - leading to asbestosis, lung cancer or mesothelioma. Thirty deaths are caused per day from asbestos-related diseases as per estimates based on US and European studies.
According to the 2008 report of the Parliamentary Standing Committee on Science and Technology, Environment and Forests, “A technical person in the Gujarat State Pollution Control Board spares 1.77 days to monitor an industry in a year...while in Maharashtra the person spends only 1.23 days a year. This includes time taken on travelling.” The Committee's Report on the Functioning of Central Pollution Control Board (CPCB) is must set the alaram belling ringing. Underlining the malaise that afflicts CPCB the Parliamentary Committee agrees with the Supreme Court’s monitoring committee on hazardous waste observation that 77 per cent chairpersons and 55 per cent member secretaries in State Pollution Control Boards are not qualified enough to hold the post.
How handicapped has our environmental regulatory bodies is best illustrated in the manner in which asbestos is allowed to be used in the country despite the fact that some 50 countries have banned it and even International Labour Organisation and World Health Organisation call for its elimination. Even World Trade Organisation upheld the right of the Europe to ban this incurable cancer cauding killer fiber. In case of asbestos, a carcinogen, India has no policy to discourage its use in textiles, building materials, insulation and brake linings in automobiles. Since the import of asbestos is cheaper than any of its alternatives like poly venyl alcohol, there is no economic incentive to shift to cleaner production. There are alternatives within India also like natural cellulose fibre and a lot of research has been done on it, but there is little budget to promote it in the market. The situation with regard to monitoring of occupational health concerns arising from the ongoing manufacturing of asbestos products is no different. In fact it is worse. The manner in which one of the world's most vulnerable work force in the asbestos and ship breaking industry is compelled to work in degrading, dangerous and highly exploitative condition is a case of outrageous barbarism with active connivance of the government.
When the world is preparing and planning to get rid of all forms of asbestos, it makes us look stupid in India to be still importing it, we should devote our scarce resources to prevent the impending disaster by phasing it out as soon as we can. Safer substitute materials for white asbestos are available, they should be considered for use.
It is high time Government of India took note of ongoing asbestos exposures of citizens, consumers and workers and took immediate remedial measures. The exposure of construction workers and automobile mechanics for instance defies regulatory control efforts in any country.
I wish to draw your urgent attention to the order of Kerala Human Rights Commission that has ruled that exposing Indians to asbestos is a human rights violation. This paves the way for the eventual complete ban on asbestos and its products. On January 31, 2009, the Commission ruled that the government should take steps to phase out asbestos roofing from all schools in the state.
As per the survey of U.P. Asbestos Limited, Mohanlalganj, Lucknow and Allied Nippn Pvt Ltd, Gaziabad, (U.P), the lung function impairment was found to be higher in subjects exposed for more than 11 years. This was the result of a Central Pollution Control Board sponsored project entitled "Human risk assessment studies in asbestos industries in India". This has been reported in the (2001-2002) Annual Report of Industrial Toxicological Research Centre, Lucknow. It has also been published in the 139th Report of the Parliamentary Standing Committee on Environment, Forests, Science and Technology and presented to the parliament on 17th March, 2005.
Given the ubiquitous presence of the fiber, there is no alternative to getting it banned in right earnest. Scientists, doctors, public health researchers, trade unions, activists and civil society groups has been working to persuade the Governments to give up its consistent and continued pro-asbestos industry bias and lack of concern for the asbestos-injured who die one of the most painful deaths imaginable.
I wish to draw your attention towards the Government of India's submission made in August 2006 in its Report to the Supreme Court by Dr Prodipto Ghosh, then Secretary, Union Ministry of Environment and Forests and Chairman, Technical Experts Committee on Management of Hazardous Wastes took note of asbestos victims and cites the "Medical Examination of the Asbestos Handlers" by a team of National Institute of Occupational Health (NIOH) that concludes, " The X ray examination by NIOH showed linear shadows on chest X rays of 15 (16 %) of 94 workers occupationally exposed to asbestos. These are consistent with asbestosis…"
Although the Supreme Court of India has ruled that the Government of India must comply with ILO resolutions, so far the ILO resolution (June 14,2006) stating "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 exposures and to prevent future asbestos-related disease and deaths" has not been acted upon.
We earnestly request you to direct all the workers and consumers in your state to take immediate steps to ensure that there no more exposures take place from now on.
Earlier on August 18,2003, the Union Minister of Health and Family Welfare and Parliamentary Affairs informed the Parliament that: "Studies by the National Institute of Occupational Health (NIOH), Ahmedabad, have shown that long-term exposure to any type of asbestos can lead to development of asbestosis, lung cancer and mesothelioma." This was not the first official acknowledgment of the asbestos hazard. Government of India's Office Memorandum NO.6 (6)/94 - Cement, (Sept 1, 1994) of the Ministry of Industry states: "The Department has generally not been recommending any case of Industrial License to any new unit for the creation of fresh capacity of asbestos products in the recent past due to the apprehension that prolonged exposure to asbestos leads to serious health hazards".
Public health researchers, civil society groups, trade unions and human rights groups have demanded an immediate ban on all uses of asbestos including an immediate end to the import of chrysotile. They seek measures to identify, compensate and treat the asbestos-injured and regulations to minimize harmful exposures are also being proposed. They demand criminal prosecution of those responsible for asbestos exposures such as factory owners and company directors. Although non-asbestos technology certainly exists in India, in fact in some factories the two technologies exist side-by-side, consumers will inevitably opt for the cheaper product: more demand will translate into higher sales which will generate more chrysotile rupees that can be used to obtain an eve\of political support. As the quid-pro-quo relationship between Government officials and asbestos businessmen exists outside the media spotlight, journalists and the public remain unaware of the pernicious reasons which motivate the decisions being taken; decisions which will expose current and future generations to the deadly asbestos hazard.
The pattern of asbestos disease in India is all set to follow the diseases pattern seen in the developed countries.
Concerned with the global and national evidence about the increasing death toll of asbestos workers, trade unions, labour and environmental groups have sought immediate phase out of chrysotile asbestos. In India asbestos is still used in the manufacture of pressure and non-pressure pipes used for water supply, sewage, and drainage, packing material, brake linings and jointing used in automobiles, heavy equipment, nuclear power plants, thermal power plants amongst others.
Despite the fact that the World Trade Organisation has given an appropriate judgment against it, upholding France's decision to ban import of asbestos from Canada, successive governments in India have promoted this killer mineral fibre ignoring public health. World over almost forty countries have already banned asbestos, says H Mahadevan, General Secretary All India Trade Union Congress (AITUC) & Vice-president, National Safety Council.
Dr S R Kamat, a renowned lung specialist was bitter at the "utter callousness of employers", the total lack of medical expertise and government inaction; all of which continued to put workers at risk of contracting asbestos-related diseases. In the 5 surveys done in the country, large number of the subjects showed asbestos lung diseases. All of them showed breathing problem, many had cough, some had sputum, chest pain finger clubbing and chest pain. Disability in such cases are permanent, progressive; means of compensation are meager, informs Dr Kamat.
White asbestos continues to be in use in India although other kinds such as blue and brown asbestos are banned. Asbestos is being promoted freely in our country whereas the developed countries are keeping away from it.
According to recent studies in United States there 10, 000 deaths happening due to past asbestos exposure and will cause million more deaths worldwide. This has been corroborated by studies published in the British Medical Journal. "The most vulnerable and affected people are the workers in asbestos manufacturing units who work under extremely hazardous conditions," said P K Ganguli of Centre for Indian Trade Union.
Taking note of the fact that public concern, regulations and liabilities involved have ended the use of asbestos from the developed countries, delegates at a Round Table wondered, "why is it that the concern of the countries, which have banned asbestos not relevant to India?." Exposing workers to asbestos must be equated to murder and legal provisions must deal with it accordingly. How many consumers would want to use the material if they know that even a single exposure can cause cancer? "Experimental as well as epidemiological studies proved asbestos as carcinogen as well as co-carcinogen. Risk assessment and control of occupational exposure are very poor in developing countries like India," said Dr Qamar Rehman, a renowned toxicologist. Corroborating it Raghunathbhai Manwar of Occupational Health and Safety Association, Ahmedabad said, "There are no industrial physicians and virtually no occupational health centres, whatever the rules may say."
Even World Bank has a policy against asbestos since 1991. "The Bank increasingly prefers to avoid financing asbestos use...Thus, at any mention of asbestos in Bank-assisted projects, the Task Manager needs to exercise special care." Diagnosable asbestosis among workers in most asbestos cement factories and consumer products with no warning labels and unions with no programmes to prevent asbestos disease and
exposure in builders and mechanics is alarming. Delay in stopping asbestos use is a victory for those who do not wish to put health and the environment ahead of commercial interests.
In the light of these findings and developments, in short we
1. Request you to ensure that Rashtrapati Bhavan be made asbestos free at the earliest & urge you to put an end to the use of the of all kinds of asbestos products that is being used and encountered daily, because none of the schools, offices, legislatures, courts, hospitals, automobiles, private and public buildings in our country are asbestos free in our country.
2. Ensure medical check of workers, consumers and citizens who handle asbestos products or are in its vicinity and work towards a just transition of workers with compensation to the affected workers and citizens
3. Prepare a Register of asbestos handlers and victims and award a compensation of at least Rs 20 lakh for the asbestos victims
4. Issue an appeal to the National Human Rights Commission and all the State Human Rights Commissions of the country to adopt the path-breaking order of the Kerala Human Rights Commission with immediate effect
5. Protect the human rights of the 94 asbestos workers identified in Alang ship breaking yard, Gujarat
Yours faithfully
Thursday, February 26, 2009
Asbestos price continues to decline
Union Ministry of Commerce & Industry has released the official Wholesale Price Index for ‘All Commodities’ (Base: 1993-94 = 100) for the week ended 14th February, 2009 declined by 0.1 percent to 227.8 (Provisional) from 228.0 (Provisional) for the previous week.
The annual rate of inflation, calculated on point to point basis, stood at 3.36 percent (Provisional) for the week ended 14/02/2009 (over 16/02/2008) as compared to 3.92 percent (Provisional) for the previous week (ended 07/02/2009) and 5.66 percent during the corresponding week (ended 16/02/2008) of the previous year.
The movement of the index for the various commodity groups included the index for ‘Minerals’ group that rose by 5.3 percent to 622.6 (Provisional) from 591.1 (Provisional) for the previous week due to higher prices of magnesite (83%), barytes (38%), ochre (25%), iron ore (6%), chromite (3%) and steatite (1%).
Sadly, the prices of asbestos (2%) has declined in a context where the rate of consumption of asbestos in India is rising at an alarming rate because of political patronage.
The annual rate of inflation, calculated on point to point basis, stood at 3.36 percent (Provisional) for the week ended 14/02/2009 (over 16/02/2008) as compared to 3.92 percent (Provisional) for the previous week (ended 07/02/2009) and 5.66 percent during the corresponding week (ended 16/02/2008) of the previous year.
The movement of the index for the various commodity groups included the index for ‘Minerals’ group that rose by 5.3 percent to 622.6 (Provisional) from 591.1 (Provisional) for the previous week due to higher prices of magnesite (83%), barytes (38%), ochre (25%), iron ore (6%), chromite (3%) and steatite (1%).
Sadly, the prices of asbestos (2%) has declined in a context where the rate of consumption of asbestos in India is rising at an alarming rate because of political patronage.
Saturday, February 14, 2009
Woman to be sentenced in asbestos case
Note: A woman from Andover is facing sentencing on 28 charges involving her asbesto removal firm. In her employ were approximately 800 untrained, illegal workers who she had removing asbestos. On top of this, she provided false identification for those workers and evaded taxes. However, the asbestos issue is possibly the most dangerous of the charges against her.
By using untrained workers to remove asbestos, she not only put their lives in danger, but made it possible for asbestos to be missed and left behind. This puts the lives of many other people at risk as well. Unfortunately, when someone is exposed to asbestos, it can take decades for mesothelioma to develope. If the person does not know when he or she was exposed right away, there is almost no way to know, and makes it harder to diagnose and treat mesothelioma.
Punishment to be lesson to others
A Methuen businesswoman is scheduled to face sentencing in federal district court next week for her conviction last year on 28 charges of employing as many as 800 untrained illegal immigrants in the dangerous job of removing asbestos, providing them bogus identifications, and evading taxes.
Prosecutors are hoping for a tough sentence in the case against Albania Deleon, 39, of Andover, which they say would signal to those involved in the asbestos-removal business that they must abide by state and federal laws protecting the environment, their clients, and workers.
"The government is going to seek a sentence that sends a loud and clear message to the asbestos industry that it is extraordinarily important that workers be properly trained to handle asbestos, both for their own safety and to protect the public," Assistant US Attorney Jonathan Mitchell, who prosecuted the case, said in an interview last week.
Deleon, originally from the Dominican Republic and a US citizen for 15 years, is appealing her conviction.
She faces up to five years imprisonment on each charge, except for six mail fraud counts, which each carry a 20-year maximum sentence. Her lawyer, Carl N. Donaldson, declined to comment and refused to allow his client to be interviewed for this story.
Environmental officials say that even though Deleon's conviction effectively shut down her business, the largest asbestos-removal training school and employment agency in the state, many others could now step in to fill the vacuum. The hope, they say, is that these businesses will be good citizens.
Joseph Ferson, a spokesman for the Environmental Protection Agency, said officials there view Deleon's conviction as a way of "leveling the playing field" for other operations that conduct business by the book. "We welcome those who are properly licensed to do business," he said.
Deleon owned two intertwined Methuen-based companies, Environmental Compliance Training Inc. and Methuen Abatement Staffing Inc., which respectively trained and certified individuals in removal of asbestos and sent them out on jobs throughout New England.
By law, those who work with asbestos, which can cause cancer, must take an initial training course and annual refresher courses. The courses must include lectures, demonstrations, and at least 14 hours of hands-on training, respirator fit testing, course review, and a written examination with multiple-choice questions. A score of at least 70 percent is required to pass the course.
The applicant must then appear before the state agency with an application listing vital information, including a Social Security number and a certificate verifying completion of the courses. The Environmental Protection Agency oversees the program.
Deleon "cheated the system" in two ways to enrich herself, according to the government's case. Under her ownership, Environmental Compliance Training issued false asbestos removal training certificates and lied about it to the state. She also evaded payroll taxes and workers' compensation insurance premiums by paying hundreds of employees of Methuen Abatement Staffing under the table. The company had a gross unreported payroll of $4.6 million from 2002 to 2006, according to a government document introduced at the trial.
Deleon also arranged for workers from other countries to obtain false US Social Security cards. In a transcript of a conversation caught on video used in court, Deleon advises a cooperating government witness to disguise his own handwriting to get the bogus documentation for what he describes as his sister's boyfriend aiming to work for the Methuen company but not yet in the United States. "Change the writing a little bit," Deleon says in the recorded conversation.
Deleon's codefendant Jose Francisco Garcia-Garcia, an employee, was captured on videotape taking $400 from an undercover agent as payment for arranging a bogus license. He pleaded guilty and turned federal witness.
The case came about in 2006 after officials in the state Division of Occupational Safety suspended the training company's license to operate for three months for failing to provide the full training. The agency referred the case to the federal environmental agency, which passed along information to US Immigration and Customs Enforcement.
In November 2006, federal authorities arrested some of Deleon's employees on a job at Dartmouth College, and at the same time searched the Methuen office.
Last March, a federal grand jury indicted Deleon and Garcia-Garcia. The indictment charged that they conspired to defraud the Environmental Protection Agency, and to encourage illegal immigrants to enter the country and hire them, to obtain asbestos training certificates without taking the courses, and to work in the field. Deleon was also charged with mail and tax fraud.
In mid-November, after a 2 1/2-week trial, Deleon was convicted on all charges. She appealed the case last month and is under house arrest in Andover wearing an electronic bracelet, pending her sentencing next Wednesday.
By Connie Paige
Connie Paige can be reached at connie_paige@yahoo.com
Boston Globe Correspondent / February 12, 2009
By using untrained workers to remove asbestos, she not only put their lives in danger, but made it possible for asbestos to be missed and left behind. This puts the lives of many other people at risk as well. Unfortunately, when someone is exposed to asbestos, it can take decades for mesothelioma to develope. If the person does not know when he or she was exposed right away, there is almost no way to know, and makes it harder to diagnose and treat mesothelioma.
Punishment to be lesson to others
A Methuen businesswoman is scheduled to face sentencing in federal district court next week for her conviction last year on 28 charges of employing as many as 800 untrained illegal immigrants in the dangerous job of removing asbestos, providing them bogus identifications, and evading taxes.
Prosecutors are hoping for a tough sentence in the case against Albania Deleon, 39, of Andover, which they say would signal to those involved in the asbestos-removal business that they must abide by state and federal laws protecting the environment, their clients, and workers.
"The government is going to seek a sentence that sends a loud and clear message to the asbestos industry that it is extraordinarily important that workers be properly trained to handle asbestos, both for their own safety and to protect the public," Assistant US Attorney Jonathan Mitchell, who prosecuted the case, said in an interview last week.
Deleon, originally from the Dominican Republic and a US citizen for 15 years, is appealing her conviction.
She faces up to five years imprisonment on each charge, except for six mail fraud counts, which each carry a 20-year maximum sentence. Her lawyer, Carl N. Donaldson, declined to comment and refused to allow his client to be interviewed for this story.
Environmental officials say that even though Deleon's conviction effectively shut down her business, the largest asbestos-removal training school and employment agency in the state, many others could now step in to fill the vacuum. The hope, they say, is that these businesses will be good citizens.
Joseph Ferson, a spokesman for the Environmental Protection Agency, said officials there view Deleon's conviction as a way of "leveling the playing field" for other operations that conduct business by the book. "We welcome those who are properly licensed to do business," he said.
Deleon owned two intertwined Methuen-based companies, Environmental Compliance Training Inc. and Methuen Abatement Staffing Inc., which respectively trained and certified individuals in removal of asbestos and sent them out on jobs throughout New England.
By law, those who work with asbestos, which can cause cancer, must take an initial training course and annual refresher courses. The courses must include lectures, demonstrations, and at least 14 hours of hands-on training, respirator fit testing, course review, and a written examination with multiple-choice questions. A score of at least 70 percent is required to pass the course.
The applicant must then appear before the state agency with an application listing vital information, including a Social Security number and a certificate verifying completion of the courses. The Environmental Protection Agency oversees the program.
Deleon "cheated the system" in two ways to enrich herself, according to the government's case. Under her ownership, Environmental Compliance Training issued false asbestos removal training certificates and lied about it to the state. She also evaded payroll taxes and workers' compensation insurance premiums by paying hundreds of employees of Methuen Abatement Staffing under the table. The company had a gross unreported payroll of $4.6 million from 2002 to 2006, according to a government document introduced at the trial.
Deleon also arranged for workers from other countries to obtain false US Social Security cards. In a transcript of a conversation caught on video used in court, Deleon advises a cooperating government witness to disguise his own handwriting to get the bogus documentation for what he describes as his sister's boyfriend aiming to work for the Methuen company but not yet in the United States. "Change the writing a little bit," Deleon says in the recorded conversation.
Deleon's codefendant Jose Francisco Garcia-Garcia, an employee, was captured on videotape taking $400 from an undercover agent as payment for arranging a bogus license. He pleaded guilty and turned federal witness.
The case came about in 2006 after officials in the state Division of Occupational Safety suspended the training company's license to operate for three months for failing to provide the full training. The agency referred the case to the federal environmental agency, which passed along information to US Immigration and Customs Enforcement.
In November 2006, federal authorities arrested some of Deleon's employees on a job at Dartmouth College, and at the same time searched the Methuen office.
Last March, a federal grand jury indicted Deleon and Garcia-Garcia. The indictment charged that they conspired to defraud the Environmental Protection Agency, and to encourage illegal immigrants to enter the country and hire them, to obtain asbestos training certificates without taking the courses, and to work in the field. Deleon was also charged with mail and tax fraud.
In mid-November, after a 2 1/2-week trial, Deleon was convicted on all charges. She appealed the case last month and is under house arrest in Andover wearing an electronic bracelet, pending her sentencing next Wednesday.
By Connie Paige
Connie Paige can be reached at connie_paige@yahoo.com
Boston Globe Correspondent / February 12, 2009
Monday, February 9, 2009
Kerala Human Rights Commission seeks asbestos free schools
Kerala Human Rights Commission and its chairperson Justice N Dhinakar has ruled that exposing Indians to asbestos is a human rights violation. This paves the way for the eventual complete ban on asbestos and its products. On January 31, 2009, the Commission ruled that the government should take steps to phase out asbestos roofing from all schools in the state.
The commission has directed the state government to replace the asbestos roofs of those school buildings under the government control with country tiles in a phased manner.
The government has been directed to initiate measures to ensure that asbestos roofs are replaced with country tiles within a fixed time-frame in the case of schools that are run under the private managements. The state government has been directed to make sure that no new school begins functioning with asbestos roofing in the future.
The petition submitted to the commission complained that roofing school buildings with asbestos were hazardous to the health of children.
It is noteworthy that the order has come in the context amid reports showing how asbestos cement sector has bucked the trend of recession and has notched up impressive growth. A asbestos cement sector grew by 32%, according to data from a survey carried out by business lobby Confederation of Indian Industry (CII).
Underlining the current state of affairs this year's Republic Day Guest was the President of a asbestos exporting country.
Ban Asbestos Network of India (BANI) appeals to the National Human Rights Commission and all the State Human Rights Commissions of the country to adopt the path-breaking order of the Kerala Human Rights Commission with immediate effect given the fact that none of the schools, offices, legislatures, courts, hospitals, automobiles, private and public buildings in our country are asbestos free.
Besides Congress led United Progressive Alliance government at the centre,
the support asbestos industry gets from the West Bengal Chief Minister although he belongs to Communist Party of India (Marxist) [that claims to have the mandate to fight for occupational rights of workers] is highly questionable, immoral and untenable still one hopes that Kerala Chief Minister who is also from the same party would desist from supporting this killer industry despite the fact that the state government owns Kerala Asbestos Cement pipe Factory Limited.
The commission has directed the state government to replace the asbestos roofs of those school buildings under the government control with country tiles in a phased manner.
The government has been directed to initiate measures to ensure that asbestos roofs are replaced with country tiles within a fixed time-frame in the case of schools that are run under the private managements. The state government has been directed to make sure that no new school begins functioning with asbestos roofing in the future.
The petition submitted to the commission complained that roofing school buildings with asbestos were hazardous to the health of children.
It is noteworthy that the order has come in the context amid reports showing how asbestos cement sector has bucked the trend of recession and has notched up impressive growth. A asbestos cement sector grew by 32%, according to data from a survey carried out by business lobby Confederation of Indian Industry (CII).
Underlining the current state of affairs this year's Republic Day Guest was the President of a asbestos exporting country.
Ban Asbestos Network of India (BANI) appeals to the National Human Rights Commission and all the State Human Rights Commissions of the country to adopt the path-breaking order of the Kerala Human Rights Commission with immediate effect given the fact that none of the schools, offices, legislatures, courts, hospitals, automobiles, private and public buildings in our country are asbestos free.
Besides Congress led United Progressive Alliance government at the centre,
the support asbestos industry gets from the West Bengal Chief Minister although he belongs to Communist Party of India (Marxist) [that claims to have the mandate to fight for occupational rights of workers] is highly questionable, immoral and untenable still one hopes that Kerala Chief Minister who is also from the same party would desist from supporting this killer industry despite the fact that the state government owns Kerala Asbestos Cement pipe Factory Limited.
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