Provinces yet to enact Occupation Safety and Health laws

Apex issued directives for the implementation of recommendation of the LJCP


Qadeer Tanoli April 10, 2018
PHOTO: AFP

ISLAMABAD: Sindh is the only province that has enacted the legislation regarding Occupation Safety and Health (OSH) for workers/labourers, says the report submitted by Secretary Law and Justice Commission of Pakistan (LJCP) before the Supreme Court.

The report stated that all the other three provinces and the Islamabad Capital Territory administration have not yet enacted the legislation. It was presented in the suo motu case regarding the death of labourer due to Silicosis disease.

The report mentioned that the Sindh enacted OSH Act 2017, which was enforced with effect from January 2 2018.

The report available with The Express Tribune recommended that the federal and the provincial governments of Punjab, Khyber Pakhtunkhwa (KP), Balochistan and ICT may be directed to enact OSH Law within a committed period.

The Law and Justice Commission of Pakistan (LJCP) in compliance with the direction of the apex court prepared a detailed report on the health related matters of labourers in their respective working places.

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With regards to Balochistan, the report stated that 103 cases of the fatal accidents received during the year 2017 under Workman’s Compensation Act, 1936 out of which 100 cases were decided.  A total of Rs31.24 million was disbursed during the same year to the dependents of deceased persons.

The report said that no case has been reported in any diseases, according to Balochistan Labour and Manpower.

According to the submitted report since 2016, there were 15 fatal and non-fatal accidents, which have been reported from KP and compensation was awarded to the legal heirs under Compensation act 2013.

A total of 929 workers of 65 stone crushing units were medically examined and none of them was suffering from silicosis, the report maintained.

Workers’ safety to be ensured in the province

With regards to Punjab, the report mentioned that a total of 99 accidents occurred in which 207 labourers died due to accidents while eight persons were injured. These accidents occurred in the textile industry, chemical industry, weaving unit cement factories and others.

Moreover, a total of 52 accidents occurred in the mines of the province which caused 63 causalities in 2017 and four laborers got injured due to the these accidents. According to the report from January 1 2017 to February 28 2018, a total of 10 patients who belonged to Multan were reported with industrial/occupational diseases. The data into this connection was provided by the Punjab Employees Social Security Institute (PESSI).

According to the response from Sindh, there were 6,246 cases of inspection which were conducted and prosecutions in 379 cases were lodged. A total of 252 cases were decided by the courts and Rs285,000 fine was imposed. A total of 15 workers died in accidents in different factories while eight workers died due to accidents in the mines in 2017 out of which seven were alone reported from Lakhra Coal Mines and one was reported from Khairpur Stone Query. No patient suffering was silicosis was found during examination of laborers, according to the report.

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The response from ICT maintained that a total of 219 workers of Marble Units were medically examined during the year 2017 and no fatal accidents were reported during this period.

The report recommended several of measures for the safety of the labourers/workers including establishing of Silicosis Diagnostic Centre by the cement factories to monitor the ill effects of inhalation of dust participle emitting from various process carried out for the manufacturing units.

The inspectors of mines may be directed to develop and implement a robust inspection system for effective enforcement of mining laws and to take action against illegal mining activities, stated another recommendation of the report.

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It also recommended that the Hazardous Substance Rules, 2003 frame under Environmental Protection Act 1997 has the provision of safety precautions for workers and employer and direction may be issued to the relevant authorities for strict compliance.

“To ensure health and safety, the provinces in consultation with relevant Environmental Protection Agencies should notify safe distance and guidelines for stone crushing units and mines. All kind of mining and stone crushing activities near the archeological and tourists sites should be completely banned,” recommendations of the report stated.

Application in this connection was moved by two applicants Usama Khawar and Yahya Farid  as Raheel Kamran Shaikh appeared in the court on their behalf. The apex disposed off the case and issued directives for the implementation of recommendation of the LJCP.

 

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