ISLAMABAD: The Supreme Court on Tuesday ordered the provinces and government agencies to strictly follow the guideline and recommendations given by the special committee constituted against the backdrop of deaths of stone-crushing labourers from silicosis.

A three-judge Supreme Court bench, headed by Chief Justice Mian Saqib Nisar, also cautioned the provinces and the agencies that any violation made would be considered disobedience to court’s order warranting appropriate action against the delinquents.

The issue relating to silicosis cropped up in the apex court on an application moved by two human right activists Usama Khawar and Yahya Farid Khawaja, highlighting the deaths of 18 labourers from silicosis in Gujranwala in 2014. Among them, nine labourers hailed from one village.

The special committee, which had been constituted by the Supreme Court, recommended setting up of silicosis diagnostic centres in all cement factories across the country.

The rights activists, who had submitted the application, had requested the court to also consider the reports of the deaths of more than 100 workers from the same disease in Dera Ghazi Khan and other districts of Punjab over the past five years.

Caused by inhaling silica dust while working in mines, stone masonry, rock drilling and similar industrial operations, silicosis is a serious occupational hazard for construction workers as it attacks the respiratory tract leading to lung failure and death.

The recommendation to set up the diagnostic centres came in line with the SC direction of constituting a committee of the law and justice commission to make recommendations in consultation with all other stakeholders in the country.

In its report, the committee asked all provincial authorities to ensure that safety precautions are taken. Provinces should also communicate safety guidelines and announce a safe distance zone for the crushing of stones and related activities.

The committee recommended a ban on all mining and stone-crushing operations near archaeological and tourist sites. Under the law, employers are obligated to ensure compliance with safety standards, by providing a “hygiene card” to every worker and administer compulsory vaccination programmes. It asked the authorities to plan monitoring mechanisms to ensure compliance with the new safety guidelines.

The report instructed the labour department to ensure strict compliance of Section 23 of the Factories Act, 1934, Section 24 of the Khyber Pakhtunkhwa Factories Act, 2013 and Section 25 of the Sindh Factories Act, 2015.

Compensation and medical care

The recommendation said the Workmen’s Compensation Act 1923 including its provincial variants have compensation schemes that include a death grant and a disability plan for workers who have been in accident on the job. The death grant varies between Rs 200,000 and Rs500,000 amongst the provinces depending on the nature of disability.

The committee also recommended that the provincial authorities be directed to increase compensation amounts and that a consensus be reached to ensure workers are paid similar benefits across the country.

According to the report, a workers’ welfare board should be established under Section 11-A of the Workers’ Welfare Fund Ordinance, 1971, and its provincial variants established under provincial laws.

The committee noted there were several thousand cases pending in different labour courts. The high courts should be asked to issue directions to the labour courts to expedite the process.

The committee asked the information ministry, Pakistan Television (PTV), Radio Pakistan and the Pakistan Electronic and Media Regulatory Authority (Pemra) to run an awareness campaign designed to inform workers of their rights and the occupational risks they face.

The respective labour departments should also display on their websites general information for workers regarding silicosis, relevant registers, forms, inspection schedules and contact details of relevant labour and medical staff as directed by the Supreme Court in its order of July 2015.

Published in Dawn, April 11th, 2018