Hon'ble Supreme Courts Directions for the Asbestos Industry – 1995

A Writ Petition was filed in the Supreme Court of India in 1986 by Consumer Education & Research Centre and Others for protection of the health of workers engaged in mines and asbestos industries.

The Hon'ble Supreme Court allowed the Writ Petition and gave following directions for the Asbestos Industry in its judgement of January 1995.

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 years 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 the health hazards of the worker engaged in the manufacture of asbestos or its ancillary products;
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.

The directions of Hon'ble Supreme Court (Ser. 1 to 3) regarding maintenance of health records of workers, adoption of Membrane Filter Method test to detect asbestos fibre and for compulsory medical insurance of workers are being strictly followed by the Members of this Association.