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Assembly Line ofBroken Fingers
sisnu=~,..........~
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Submitted to the SocietyforLabor and Development
By Craig Fried...
Assembly Line ofBroken Fingers
Table ofContents
Introduction.................................................................
Assembly Line ofBroken Fingers
ii. Haryana Regulatory Mechanism .............................................................
Assembly Line ofBroken Fingers
Appendix
Appendix A-Interview Transcripts
1.Anonymous,ER Doctor,ESIC hospitalin Manesar
2.R...
Assembly Line ofBroken Fingers 1
Introduction
In April of2013,a factory building in Bangladesh collapsed and killed at
lea...
Assembly Line ofBroken Fingers 1
To that end,this report will:
1, Document occupational hazards in the Manesar auto indust...
Assembly Line ofBroken Fingers
Indian government,which results in significant under-reporting ofinjuries.To
correct these ...
Assembly Line ofBroken Fingers
report,the additional five injured RDC workers documented by SLD in its
complaint9could not...
Assembly Line ofBroken Fingers ~
findings.Accordingly,Part A willfirst describe the role ofIndia's constitutional and
stat...
Assembly Line ofBroken Fingers
enter avocations unsuited to their age or strength." This provision specifically
directs th...
Assembly Line ofBroken Fingers
When it comes to safe working conditions,there are four provisions that are
implicated.Spec...
Assembly Line ofBroken Fingers 1
including those owned by the government.z2 To administer the scheme,the ESI Act
creates a...
Assembly Line ofBroken Fingers 1
1. Universal Declaration on Human Rights
The Universal Declaration on Human Rights33 was ...
Assembly Line ofBroken Fingers '~~1
2.International Covenant on Economic,Social,and Cultural Rights
(ICESCR)
The ICESCR ca...
Assembly Line ofBroken Fingers 1
injuries shall use the latest standards and guidelines established by the IL0.40
While In...
Assembly Line ofBroken Fingers
1. Case Study:R.D.0Imports
i. Background on SLD'sFightforRDC Workers
SLD was made aware ofs...
Assembly Line ofBroken Fingers ~~
ii. Specific RDC Worker's Stories
Two RDC workers,Rajesh and Rajkumar,described their wo...
Assembly Line ofBroken Fingers
Fig.2- Rajesh Fig.3- Rajkumar
2. Other Workers'Problems Not Limited to Machine Press Operat...
Assembly Line ofBroken Fingers
common,however,as he only saw two injuries in the past five or six years.74
Nonetheless,the...
Assembly Line ofBroken Fingers
Section 38 ofthe There are no fire escape routes marked on there are inadequate
Factories A...
Assembly Line ofBroken Fingers
1. Regulatory Mechanism:Inspections,Fines,and Adjudication
i. GeneralBackground on the Cent...
Assembly Line ofBroken Fingers
undertakings employing less than 40 workers are required to submit a self-
certificate cert...
Assembly Line ofBroken Fingers
Panipat,Rohtak,Ambala and Hissar respectively.79 Their principalfunction is to
adjudicate u...
Assembly Line ofBroken Fingers 1
1. Fire Hazards(e.g. no sprinkler systems,fire extinguishers,etc.).
2. Electrical Hazards...
Assembly Line ofBroken Fingers 1
i. Treatment ofInjuries and ESI
When an individualis injured at the workplace,they can ei...
Assembly Line ofBroken Fingers
treatment and then directed to seek the other ESI benefits later. This common
practice is l...
Assembly Line ofBroken Fingers
According to the most recent accessible statisticsfrom DGFASLI,there was a total
ofonly 29,...
Assembly Line ofBroken Fingers
s Lack ofsufficient lunch and tea breaks
s Malpayment ofwagesleading workers to have to wor...
Assembly Line ofBroken Fingers
1.Employers Should Fight to Adoptthe Model ofthe Bangladesh
Safety Accord.
The companiesin ...
Assembly Line ofBroken Fingers 1
democratically elected committees within their factories to report on safety issues
and c...
Assembly Line ofBroken Fingers
Moreover,companies refuse to purchase safety equipment at the expense of
worker safety. One...
Assembly Line ofBroken Fingers
change in Indian law.For these reasons,the Indian Government should seek to
employ more ins...
Assembly Line ofBroken Fingers
1611 when he or she receives treatment at an ESIC hospital. For this to occur,the
governmen...
Assembly Line ofBroken Fingers
for industrial injuries to be reported to the Department ofLabor for investigation is
desir...
Assembly Line ofBroken Fingers •1 s
compliance is not in the factories best interest since complying with all the current
...
Assembly Line ofBroken Fingers 1
Ultimately,whether one finds bifurcation acceptable is likely a result one's
philosophica...
Assembly Line ofBroken Fingers
It has always been the practice in India that we ratify a Convention when we
are fully sati...
Assembly Line ofBroken Fingers
the advice will be a springboard for impactful action that will provide meaningful
changesf...
Assembly Line ofBroken Fingers
With specific regard to ILO C155,SLD should join other workers
organizations and unions in ...
Assembly Line ofBroken Fingers
charge ofensuring the safety oftheir particular factory. This would likely involve
conducti...
Assembly Line ofBroken Fingers
it randomly selects and survey's hundreds of doctors throughoutIndia(to make it
more repres...
Assembly Line ofBroken Fingers
Conclusion
Although India has adequate laws regarding occupational safety,they are not
effe...
Assembly Line ofBroken Fingers
Interview Transcri isp
1. Anonymous,ER Doctor,ESIC hospitalin Manesar
2. Rohit Berri,Assist...
Occupational HazardsInterviews 1 s
Position:ER Doctor
Employer:ESI Hospitalin Manesar
Gender:Male
Contact:N/A
Interviewers...
Occupational Hazards Interviews
wear safety equipment in circumstances where it is offered by the
company.
In your opinion...
Assembly Line of Broken Fingers:A Roadmap to Combating Occupational Health and Safety Hazards in the Manesar Auto Industri...
Assembly Line of Broken Fingers:A Roadmap to Combating Occupational Health and Safety Hazards in the Manesar Auto Industri...
Assembly Line of Broken Fingers:A Roadmap to Combating Occupational Health and Safety Hazards in the Manesar Auto Industri...
Assembly Line of Broken Fingers:A Roadmap to Combating Occupational Health and Safety Hazards in the Manesar Auto Industri...
Assembly Line of Broken Fingers:A Roadmap to Combating Occupational Health and Safety Hazards in the Manesar Auto Industri...
Assembly Line of Broken Fingers:A Roadmap to Combating Occupational Health and Safety Hazards in the Manesar Auto Industri...
Assembly Line of Broken Fingers:A Roadmap to Combating Occupational Health and Safety Hazards in the Manesar Auto Industri...
Assembly Line of Broken Fingers:A Roadmap to Combating Occupational Health and Safety Hazards in the Manesar Auto Industri...
Assembly Line of Broken Fingers:A Roadmap to Combating Occupational Health and Safety Hazards in the Manesar Auto Industri...
Assembly Line of Broken Fingers:A Roadmap to Combating Occupational Health and Safety Hazards in the Manesar Auto Industri...
Assembly Line of Broken Fingers:A Roadmap to Combating Occupational Health and Safety Hazards in the Manesar Auto Industri...
Assembly Line of Broken Fingers:A Roadmap to Combating Occupational Health and Safety Hazards in the Manesar Auto Industri...
Assembly Line of Broken Fingers:A Roadmap to Combating Occupational Health and Safety Hazards in the Manesar Auto Industri...
Assembly Line of Broken Fingers:A Roadmap to Combating Occupational Health and Safety Hazards in the Manesar Auto Industri...
Assembly Line of Broken Fingers:A Roadmap to Combating Occupational Health and Safety Hazards in the Manesar Auto Industri...
Assembly Line of Broken Fingers:A Roadmap to Combating Occupational Health and Safety Hazards in the Manesar Auto Industri...
Assembly Line of Broken Fingers:A Roadmap to Combating Occupational Health and Safety Hazards in the Manesar Auto Industri...
Assembly Line of Broken Fingers:A Roadmap to Combating Occupational Health and Safety Hazards in the Manesar Auto Industri...
Assembly Line of Broken Fingers:A Roadmap to Combating Occupational Health and Safety Hazards in the Manesar Auto Industri...
Assembly Line of Broken Fingers:A Roadmap to Combating Occupational Health and Safety Hazards in the Manesar Auto Industri...
Assembly Line of Broken Fingers:A Roadmap to Combating Occupational Health and Safety Hazards in the Manesar Auto Industri...
Assembly Line of Broken Fingers:A Roadmap to Combating Occupational Health and Safety Hazards in the Manesar Auto Industri...
Assembly Line of Broken Fingers:A Roadmap to Combating Occupational Health and Safety Hazards in the Manesar Auto Industri...
Assembly Line of Broken Fingers:A Roadmap to Combating Occupational Health and Safety Hazards in the Manesar Auto Industri...
Assembly Line of Broken Fingers:A Roadmap to Combating Occupational Health and Safety Hazards in the Manesar Auto Industri...
Assembly Line of Broken Fingers:A Roadmap to Combating Occupational Health and Safety Hazards in the Manesar Auto Industri...
Assembly Line of Broken Fingers:A Roadmap to Combating Occupational Health and Safety Hazards in the Manesar Auto Industri...
Assembly Line of Broken Fingers:A Roadmap to Combating Occupational Health and Safety Hazards in the Manesar Auto Industri...
Assembly Line of Broken Fingers:A Roadmap to Combating Occupational Health and Safety Hazards in the Manesar Auto Industri...
Assembly Line of Broken Fingers:A Roadmap to Combating Occupational Health and Safety Hazards in the Manesar Auto Industri...
Assembly Line of Broken Fingers:A Roadmap to Combating Occupational Health and Safety Hazards in the Manesar Auto Industri...
Assembly Line of Broken Fingers:A Roadmap to Combating Occupational Health and Safety Hazards in the Manesar Auto Industri...
Assembly Line of Broken Fingers:A Roadmap to Combating Occupational Health and Safety Hazards in the Manesar Auto Industri...
Assembly Line of Broken Fingers:A Roadmap to Combating Occupational Health and Safety Hazards in the Manesar Auto Industri...
Assembly Line of Broken Fingers:A Roadmap to Combating Occupational Health and Safety Hazards in the Manesar Auto Industri...
Assembly Line of Broken Fingers:A Roadmap to Combating Occupational Health and Safety Hazards in the Manesar Auto Industri...
Assembly Line of Broken Fingers:A Roadmap to Combating Occupational Health and Safety Hazards in the Manesar Auto Industri...
Assembly Line of Broken Fingers:A Roadmap to Combating Occupational Health and Safety Hazards in the Manesar Auto Industri...
Assembly Line of Broken Fingers:A Roadmap to Combating Occupational Health and Safety Hazards in the Manesar Auto Industri...
Assembly Line of Broken Fingers:A Roadmap to Combating Occupational Health and Safety Hazards in the Manesar Auto Industri...
Assembly Line of Broken Fingers:A Roadmap to Combating Occupational Health and Safety Hazards in the Manesar Auto Industri...
Assembly Line of Broken Fingers:A Roadmap to Combating Occupational Health and Safety Hazards in the Manesar Auto Industri...
Assembly Line of Broken Fingers:A Roadmap to Combating Occupational Health and Safety Hazards in the Manesar Auto Industri...
Assembly Line of Broken Fingers:A Roadmap to Combating Occupational Health and Safety Hazards in the Manesar Auto Industri...
Assembly Line of Broken Fingers:A Roadmap to Combating Occupational Health and Safety Hazards in the Manesar Auto Industri...
Assembly Line of Broken Fingers:A Roadmap to Combating Occupational Health and Safety Hazards in the Manesar Auto Industri...
Assembly Line of Broken Fingers:A Roadmap to Combating Occupational Health and Safety Hazards in the Manesar Auto Industri...
Assembly Line of Broken Fingers:A Roadmap to Combating Occupational Health and Safety Hazards in the Manesar Auto Industri...
Assembly Line of Broken Fingers:A Roadmap to Combating Occupational Health and Safety Hazards in the Manesar Auto Industri...
Assembly Line of Broken Fingers:A Roadmap to Combating Occupational Health and Safety Hazards in the Manesar Auto Industri...
Assembly Line of Broken Fingers:A Roadmap to Combating Occupational Health and Safety Hazards in the Manesar Auto Industri...
Assembly Line of Broken Fingers:A Roadmap to Combating Occupational Health and Safety Hazards in the Manesar Auto Industri...
Assembly Line of Broken Fingers:A Roadmap to Combating Occupational Health and Safety Hazards in the Manesar Auto Industri...
Assembly Line of Broken Fingers:A Roadmap to Combating Occupational Health and Safety Hazards in the Manesar Auto Industri...
Assembly Line of Broken Fingers:A Roadmap to Combating Occupational Health and Safety Hazards in the Manesar Auto Industri...
Assembly Line of Broken Fingers:A Roadmap to Combating Occupational Health and Safety Hazards in the Manesar Auto Industri...
Assembly Line of Broken Fingers:A Roadmap to Combating Occupational Health and Safety Hazards in the Manesar Auto Industri...
Assembly Line of Broken Fingers:A Roadmap to Combating Occupational Health and Safety Hazards in the Manesar Auto Industri...
Assembly Line of Broken Fingers:A Roadmap to Combating Occupational Health and Safety Hazards in the Manesar Auto Industri...
Assembly Line of Broken Fingers:A Roadmap to Combating Occupational Health and Safety Hazards in the Manesar Auto Industri...
Assembly Line of Broken Fingers:A Roadmap to Combating Occupational Health and Safety Hazards in the Manesar Auto Industri...
Assembly Line of Broken Fingers:A Roadmap to Combating Occupational Health and Safety Hazards in the Manesar Auto Industri...
Assembly Line of Broken Fingers:A Roadmap to Combating Occupational Health and Safety Hazards in the Manesar Auto Industri...
Assembly Line of Broken Fingers:A Roadmap to Combating Occupational Health and Safety Hazards in the Manesar Auto Industri...
Assembly Line of Broken Fingers:A Roadmap to Combating Occupational Health and Safety Hazards in the Manesar Auto Industri...
Assembly Line of Broken Fingers:A Roadmap to Combating Occupational Health and Safety Hazards in the Manesar Auto Industri...
Assembly Line of Broken Fingers:A Roadmap to Combating Occupational Health and Safety Hazards in the Manesar Auto Industri...
Assembly Line of Broken Fingers:A Roadmap to Combating Occupational Health and Safety Hazards in the Manesar Auto Industri...
Assembly Line of Broken Fingers:A Roadmap to Combating Occupational Health and Safety Hazards in the Manesar Auto Industri...
Assembly Line of Broken Fingers:A Roadmap to Combating Occupational Health and Safety Hazards in the Manesar Auto Industri...
Assembly Line of Broken Fingers:A Roadmap to Combating Occupational Health and Safety Hazards in the Manesar Auto Industri...
Assembly Line of Broken Fingers:A Roadmap to Combating Occupational Health and Safety Hazards in the Manesar Auto Industri...
Assembly Line of Broken Fingers:A Roadmap to Combating Occupational Health and Safety Hazards in the Manesar Auto Industri...
Assembly Line of Broken Fingers:A Roadmap to Combating Occupational Health and Safety Hazards in the Manesar Auto Industri...
Assembly Line of Broken Fingers:A Roadmap to Combating Occupational Health and Safety Hazards in the Manesar Auto Industri...
Assembly Line of Broken Fingers:A Roadmap to Combating Occupational Health and Safety Hazards in the Manesar Auto Industri...
Assembly Line of Broken Fingers:A Roadmap to Combating Occupational Health and Safety Hazards in the Manesar Auto Industri...
Assembly Line of Broken Fingers:A Roadmap to Combating Occupational Health and Safety Hazards in the Manesar Auto Industri...
Assembly Line of Broken Fingers:A Roadmap to Combating Occupational Health and Safety Hazards in the Manesar Auto Industri...
Assembly Line of Broken Fingers:A Roadmap to Combating Occupational Health and Safety Hazards in the Manesar Auto Industri...
Assembly Line of Broken Fingers:A Roadmap to Combating Occupational Health and Safety Hazards in the Manesar Auto Industri...
Assembly Line of Broken Fingers:A Roadmap to Combating Occupational Health and Safety Hazards in the Manesar Auto Industri...
Assembly Line of Broken Fingers:A Roadmap to Combating Occupational Health and Safety Hazards in the Manesar Auto Industri...
Assembly Line of Broken Fingers:A Roadmap to Combating Occupational Health and Safety Hazards in the Manesar Auto Industri...
Assembly Line of Broken Fingers:A Roadmap to Combating Occupational Health and Safety Hazards in the Manesar Auto Industri...
Assembly Line of Broken Fingers:A Roadmap to Combating Occupational Health and Safety Hazards in the Manesar Auto Industri...
Assembly Line of Broken Fingers:A Roadmap to Combating Occupational Health and Safety Hazards in the Manesar Auto Industri...
Assembly Line of Broken Fingers:A Roadmap to Combating Occupational Health and Safety Hazards in the Manesar Auto Industri...
Assembly Line of Broken Fingers:A Roadmap to Combating Occupational Health and Safety Hazards in the Manesar Auto Industri...
Assembly Line of Broken Fingers:A Roadmap to Combating Occupational Health and Safety Hazards in the Manesar Auto Industri...
Assembly Line of Broken Fingers:A Roadmap to Combating Occupational Health and Safety Hazards in the Manesar Auto Industri...
Assembly Line of Broken Fingers:A Roadmap to Combating Occupational Health and Safety Hazards in the Manesar Auto Industri...
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Assembly Line of Broken Fingers:A Roadmap to Combating Occupational Health and Safety Hazards in the Manesar Auto Industrial Belt

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Assembly Line of Broken Fingers:A Roadmap to Combating Occupational Health and Safety Hazards in the Manesar Auto Industrial Belt

In April of 2013, a factory building in Bangladesh collapsed and killed at least 1,100 workers. In the wake of this catastrophe, the United Nations set up a committee to ensure families of the dead or injured workers were compensated. The committee estimated that the cost of doing so would be $40 million.

As of last year, however, it had raised only $15 million, indicating the shameful reluctance of factory owners and foreign retailers to help those devastated by their greed. Unfortunately, this was not an isolated instance. It is axiomatic that every year tens of thousands of lives are shattered throughout the world due to preventable occupational hazards.

A prime example of this unfortunate truth is the Manesar Auto Industrial Belt near New Delhi, India. Between the years of 2000 and 2004 alone, the Indian auto component industry grew from USD 3.9 Billion to USD 6.7 Billion. There was also estimated to be approximately 160 global auto giants with international purchasing offices in India by the year 2010

March 2015

Published in: Government & Nonprofit
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Assembly Line of Broken Fingers:A Roadmap to Combating Occupational Health and Safety Hazards in the Manesar Auto Industrial Belt

  1. 1. Assembly Line ofBroken Fingers sisnu=~,..........~ ~~ .~,~ Submitted to the SocietyforLabor and Development By Craig Friedel,Keivan Roebuck,and Tapan Bhardwaj March 2015
  2. 2. Assembly Line ofBroken Fingers Table ofContents Introduction.................................................................................................................... 1 I.Summary......................................................................................................................2 II.Methodology..............................................................................................................3 A.Research..................................................................................................................... 3 B.Interviews.................................................................................................................. 3 C.MethodologicalSummary.........................................................................................4 III.Legal Framework....................................................................................................4 A.National Occupational Health and Safety Laws ................................................... 5 1. Constitutional Guarantees ofan Employees'Right to Health and Safety....5 2. National Statutes...................................................................................................6 i. Health Provisions under the Factories Act, 1948.............................................6 ii. The Employees'State Insurance(ESI)Act,1948............................................ 7 B.International Health and Safety Laws...................................................................8 1. Universal Declaration on Human Rights ............................................................9 2.International Covenanton Economic,Social,and Cultural Rights (ICESCR)............................................................................................... 10 3.International Labour Organization Conventions ............................................. 10 IV.Findings...................................................................................................................11 A.Occupational Hazards and Injuries: Violations ofDomestic and International Law................................................................................................................................ 11 1.Case Study:R.D.0 Imports................................................................................. 12 i. Background on SLD's Fightfor RDC Workers............................................... 12 ii. Specific RDC Worker's Stories ........................................................................ 13 2. Other Workers'Problems Not Limited to Machine Press Operators.............. 14 3.Major Violations................................................................................................... 15 B.Regulation and Reporting ofOccupational Hazards and Injuries..................... 16 1. Regulatory Mechanism:Inspections, Fines,and Adjudication........................ 17 i. General Background on the Central Government Regulatory Mechanism Provided by the ILO............................................................................... 17
  3. 3. Assembly Line ofBroken Fingers ii. Haryana Regulatory Mechanism .................................................................... 18 2.Treatment and Reporting Mechanism ............................................................... 20 i. Treatment ofInjuries and ESI......................................................................... 21 ii. Mechanismsfor Reporting ofInjuries............................................................ 22 C.Summary ofFindings............................................................................................. 23 V. Moving Toward a Safer and Healthier Workplace ......................................24 A.Recommendationsfor Employers.......................................................................... 24 1.Employers Should Fight to Adopt the Modelofthe Bangladesh Safety Accord.....................................................................................................25 2.Employers should institute new training programs and provide more safety equipmentto employees............................................................................ 26 B.Recommendationsfor Indian Government........................................................... 27 1. Force Employers to Provide More Training for Employees and Upgrade Their Equipment................................................................................................................. 27 2.Increase ESIC and Labor Department Collaboration Regarding Industrial Injuries...................................................................................................................... 28 4. Create Greater Bifurcation ofHealth and Safety Regulations Based on Factory Size.............................................................................................................. 30 3. Ratify ILO Convention 155................................................................................ 32 C.Campaign Advice for SLD...................................................................................... 33 1.Advocate for Implementation ofthe Above Government Recommendations. 34 2.Initiate a"Reliable Source" Campaign............................................................... 35 3. Conduct an AuditofIndustrialInjury Statistics Audit as Compared with Doctor Interviews..................................................................................................... 36 4. Provide Worker Peer to Peer Health,Safety and Technical Training in the Sector......................................................................................................................... 37 Conclusion.....................................................................................................................38
  4. 4. Assembly Line ofBroken Fingers Appendix Appendix A-Interview Transcripts 1.Anonymous,ER Doctor,ESIC hospitalin Manesar 2.Rohit Berri,Assistant Director ofIndustrial Health and Safety("Inspector"), Ministry ofLabor and Employment 3. Rajesh and RajKumar,Injured Auto Factory Workers,RDC Imports (accompanied by copies ofRajKumar's ESI registration details and FORM 16) 4.Santosh Gupta,Injured Aluminum Factory Worker,Kiran Udhyog 5.Vishweshwar Rai,Injured Plastic Factory Worker,Unknown(accompanied by copies ofhis private hospital medical records,ESI registration details,and FORM 12) 6.Supriya Sharma,Scroll article, Your car has been built on an assembly line of brokenfingers Appendix B- Relevant Labor Department Forms 1.FORM 12 2.FORM 18 3.Inspection Checklist Appendix C-SLD litigation against RDC documents 1. RTI Application and Response regarding RDC accidents 2.RTI Application and Response regarding ESI for RDC workers 3. Collective Complaint and Supplement Appendix D- DGFASLI Statistics Appendix E-Electronic Files 1.Santosh Gupta and Vishweshwar RaiInterview Recording 2. Rajesh and Rajkumar Interview Recording 3.Photos
  5. 5. Assembly Line ofBroken Fingers 1 Introduction In April of2013,a factory building in Bangladesh collapsed and killed at least 1,100 workers.l In the wake ofthis catastrophe,the United Nations set up a committee to ensure families ofthe dead or injured workers were compensated.2 The committee estimated that the cost ofdoing so would be $40 million. As oflast year, however,it had raised only $15 million3,indicating the shameful reluctance of factory owners and foreign retailers to help those devastated by their greed. Unfortunately,this was not an isolated instance. It is axiomatic that every year tens ofthousands oflives are shattered throughout the world due to preventable occupational hazards. A prime example ofthis unfortunate truth is the Manesar Auto Industrial Belt near New Delhi,India. Between the years of2000 and 2004 alone,the Indian auto component industry grew from USD 3.9 Billion to USD 6.7 Billion.4 There was also estimated to be approximately 160 global auto giants with international purchasing offices in India by the year 2010. Unfortunately,the consequences ofthis rapid economic success are the ever- increasing prevalence of human rights abuses.The pervasiveness of under- and non-payment ofwages,violations ofthe Contract Labour Act,failures ofemployers to pay into the Employees'Provident Fund,lock outs or other abuses of workers for organizing,etc., has been the focus ofsignificant and ongoing documentation by the Society for Labor and Development("SLD").~ As a result ofbecoming proactively involved in litigation against RDC Steel and Allied Services("RDC"),SLD teamed with the International and Comparative Rights Law Practicum — a winter intersession program ofthe UNLV William S. Boyd School ofLaw and Jawaharlal Nehru University — in an attempt to more fully understand the occupational hazards that threaten the health and safety of innocent workers in Manesar. 1 Retailers Face Tough Decisions After Bangladesh Factory Collapse, HUFFINGTON POST(May 12, 2013, 10:02 AM),http://www.huffingtonpost.com/2013/05/12/retailers-Bangladesh-factory_n_3262 515.htm1. 2 One Year After Rana Plaza, N.Y.TIMES(Apr.27,2014),http://www.nytimes.com/2014/04/28/opin ion/one-year-after-rana-plaza.htm1?_r=1. 3 Id. 4 Indian Manufacturing Industry Technology and Prospects, UNIDO.ORG 38,http://www.unido.org/fi leadmin/user_media/Publications/Pub_free/Indian_manufacturing_industry_technology_status_and_ prospects.pdf(last visited Mar. 14,2015). 5 Id. ~ See e.g. Societyfor Labour and Development,SLDINDIA.oRG,http://www.sldindia.org/publications. html(last visited Mar. 14,2015). Page ~ 1
  6. 6. Assembly Line ofBroken Fingers 1 To that end,this report will: 1, Document occupational hazards in the Manesar auto industry. More specifically,it will illustrate violations ofthe Employee State Insurance ("ESI")Act and Factories Act(discussed in more detail below)occurring at RDC and elsewhere in Manesar. 2. Explore how international human rights laws implicated by occupational hazards violations in Manesar can be invoked not only at the internationallevel(such as in complaints to Special Rapporteur)but also at the individual complaint level(such as in SLD's litigation against RDC). 3. Offer recommendations to the Indian government and employers and campaign advice to SLD on how they can each contribute to the progressive realization ofa healthy and safe workplace for all Indian workers. 4. Provide SLD useful background on India's occupational health and safety legalframework and enforcement mechanisms.It is hoped this information will help SLD efficiently use the system to their advantage in fighting for RDC workers and others. I.Summary While India has progressive labor laws,they are clearly not being implemented effectively. This became apparent through the author's fieldwork in which we interviewed a number ofpeople with ties to Manesar,an industrial beltin Gurgaon,India. Work related injuries consistently occur in factories butthey often go unreported.Even ifthey are reported,however,very little is done to prevent such injuries from occurring in the future. This is true for a number ofreasons,the most salient ones being the Indian government's lack ofresources to investigate every factory. When the inspectors from the Ministry ofLabour and Employment do inspect factories, however,they often find many health and safety violations of domestic and internationallaw. Nonetheless,the inspectors often allow the factories to continue operations withoutimproving their facilities safety due to the recognition that mostfactories simply do not have the capital to correct the violations. Furthermore,there is a flawed system for reporting injuries to the Page ~ 2
  7. 7. Assembly Line ofBroken Fingers Indian government,which results in significant under-reporting ofinjuries.To correct these problems and minimize occupational hazardsin India,employers,the Indian Government,and SLD musttake action. II. Methodology Three participants in the International and Comparative Rights Law Practicum —Craig Friedel(UNLV Boyd Law student),Keivan Roebuck(UNLV Boyd Law student),and Tapan Bhardwaj(JNU graduate student)— authored this report in collaboration with SLD Attorney,Gunjan Singh to provide a roadmap for SLD as it begins its work in the area ofoccupational hazards. This report is the product of[1]significant research and [2]various interviews. A.Research As setforth in Part III,the authors first carried out significant research to gain a firm understanding ofthe current national and international legal framework designed to secure the health and safety ofIndian workers. The authors also carefully analyzed a news article written by reporter Supriya Sharma entitled Your car has been built on an assembly line of broken fingers that thoroughly documented her experience with RDC workers. The article wasfound to be remarkably consistent with the author's findings. Accordingly,its contents have been incorporated into this report as reliable. Finally,SLD's legalfiles regarding its ongoing litigation against RDC were also reviewed to provide background on the current state ofthe legal battle against RDC. B.Interviews The authors interviewed s~ autoworkers in two groups ofthree in Manesar. The first group ofthree workers worked in various plastic and aluminum factories and related a plethora ofFactories Act violations.The other injured workers interviewed were currently employed by RDC.B Atthe time we concluded this ~ See Appendix A.6.Unfortunately,scheduling conflicts did not allow the authors to interview Me. Sharma. g The RDC workers interviewed wanted assistance in confronting their employer to gain safer working conditions. However,this avenue was not pursued by the authors for two major reasons. First,the team lacked any real power or authority with which to bargain with the employer. Second, there were serious concerns that the employer mightlater seek repercussions against the Page ~ 3
  8. 8. Assembly Line ofBroken Fingers report,the additional five injured RDC workers documented by SLD in its complaint9could not be located for interviews. Fortunately,a Manesar union organizer who knew each ofthe RDC workers wasinterviewed,and he was able to provide additionalinformation on the plight ofthe RDC workers and other similarly situated. Finally,SLD Attorney Gunjan Singh wasinterviewed.He offered background on SLD's currentlegal struggle against RDC and important insights into how the court system in India functions. C.MethodologicalSummary Overall,the six interviews,the news article analysis,the interview ofthe Manesar union organizer, and the review ofSLD's legalfiles provided a satisfactory microcosm ofoccupational hazards directly faced by individual auto workersin Manesar.The significant research on Indian and internationallaw,the interview of the Assistant Director("Inspector")ofthe Department ofLabour,Health and Safety Department,and the interview ofthe Anonymous ESIC ER Doctor provided a broader understanding ofthe systemic issues India must address. In summary,the report's legal background,findings,and recommendations are based on the following: s Significant legal research s Sup Worker Interviews in Manesar(three from RDC) s Manesar Union Organizer Interview s ESIC ER Doctor Interview s Department ofLabour,Health and Safety Dept,Assistant Director ("Inspector")over Manesar Interview s Review ofSLD clinic files(2 RDC import complaints,Right to Information (RTI)applications,ESI work,list ofinjured workers,etc.) s Interview ofGunjan Singh,SLD Attorney s Analysis ofRDC Scroll Report III. Legal Framework Occupational health and safety is regulated by a complex framework oflocal, national,and internationallaw. It is important to understand thisframework because it provides the legal basis for the violations identified in the report's interviewed workers for attempting to organize. For the same reasons,the authors decided against attempting to inspectthe RDC premises or interview RDC management. 9 See Appendix C.3. Page ~ 4
  9. 9. Assembly Line ofBroken Fingers ~ findings.Accordingly,Part A willfirst describe the role ofIndia's constitutional and statutory laws. Part B will then outline the applicable internationallaws. A.National Occupational Health and Safety Laws India has some ofthe most progressive constitutional provisions and labor lawsin the world.Unfortunately,as the findings in Part IV will demonstrate, many ofthese good laws are not properly implemented.Moreover,the laws often go unenforced owing either to a lack ofgovernment regulation and oversight or to a backlogged and corruptjudiciary or both. Nonetheless,it is the current legal framework under which organizations such as SLD must operate. Thus,whether SLD is attempting to use the currentlaws to their advantage or pressing for legal change,a firm understanding ofthe occupational health and safety laws is a crucial first step. To that end,the following provides an overview ofrelevant Indian constitutional provisions and laws. 1. Constitutional Guarantees ofan Employees'Right to Health and Safety Article 21 ofthe Indian Constitution guarantees the protection oflife and personal liberty ofa person. This article was interpreted by the Indian Supreme Courtin Consumer Education &Research Center Vs. Union OfIndia.l~ The Court declared that"occupational accidents and diseases remain the most appalling human tragedy ofmodern industry and one ofits most serious forms ofeconomic waste." Accordingly,the court held"that right to health, medical aid to protect the health and vigor to a worker while in service or post retirementis a fundamental right under Article 21,[and should be]read with ...[the]fundamental human rights to make the life ofthe workman meaningful and purposeful with dignity ofperson." Due to India's large population and resulting surplus oflabor,businesses and the government tend to undervalue human capital. Every industrial injury is more than a life altering tragedy;it is a huge economic loss. Furthermore,there are applicable non-judiciable Directive Principles ofState Policyll that the legislature hasthe duty to apply when passing laws.For example, Directive Principle 39(e)demands the state to direct its policy towards securing "that the health and strength ofworkers, men and women,and the tender age of children are not abused and that citizens are notforced by economic necessity to l0 1995 A.I.R.922. 11 INDIA CONST. art. 5. Page ~ 5
  10. 10. Assembly Line ofBroken Fingers enter avocations unsuited to their age or strength." This provision specifically directs the state to promote the health ofworkers.In theory,this should require the state when passing laws to ensure the law will promote safe work environments. This concept isfurther solidified by Directive Principle 41 which directs that citizens not be"forced by economic necessity to enter avocations unsuited to their age or strength." The greater the occupational hazardsin the workplace the less suited it will be for the vulnerable young and elderly. Unfortunately,economic necessity alltoo often requires this vulnerable portion ofthe population to take jobs that put their health and safety in grave danger. Lastly,and most on point,Directive Principle 42requires the state to secure that"just and humane conditions ofwork and maternity reliefare provided." As explained below,none ofthe demands ofthe interviewed workers were excessive. Eachjust wanted human conditions such as adequate gloves,earplugs, machinery safeguards,and washrooms.Such accommodations are just and humane. 2. National Statutes There are two principle Indian laws that attempt to secure the health and safety ofIndian Workers:[1]The Factories Act of1948 and[2]The Employees' State Insurance(ESI)Act of1948. The Factories Act outlaws certain occupational hazardsin order to preventindustrialinjuries whereas the ESI act provides for the care ofworkers once an industrial accident has occurred. i. Health Provisions under the FactoriesAct,1948 The Factories Act, 1948(the"Act")is Indian legislation that governs occupational safety, health,and welfare ofworkers.12 Inspectors who work under the purview ofthe Labour Commissioner enforce the Act.13 After the recentchange in the Act redefining the term "Industry,"the Act now applies to factories that employ 40 or more workers.14 This,in turn,results in the Act not applying to a significant number offactories. Nonetheless,several provisions ofthe Act are implicated in the day-to-day activities thattake place in many Manesar factories. 12 7'he Factories Act — 1948, DELHI.GOV.IN, http://www.delhi.gov.in/wps/wcm/connect/doit_labour/ Labour/Home/Acts+Implemented/Summary+of+the+Acts+Implemented/The+Factories+Act-1948 (last updated Mar.23,2014). 13 Id. 14 Labour's Laws &Rules,HIND MAZDOOR SABHA(Jul. 18,2014),http://www.hindmazdoorsabha. com/link-details.php?LinkID=18. Page 16
  11. 11. Assembly Line ofBroken Fingers When it comes to safe working conditions,there are four provisions that are implicated.Specifically,Section 14 ofthe Act states thatfactories with manufacturing processes should take care ofproper exhaustion offume and other impurities.Section 36 states that no worker shall be forced to enter a confined space in any factory in which gas,fume,vapor,or dust is likely to be present and present a risk to his or her health. With respect to eye safety,Section 35 provides that employers must provide employees with goggles or screens to prevent eye injuries. Moreover,factories shall take proper precautionary measuresin providing for fire safety,pursuant to Section 38.Such measuresinclude having a safe mean to escape fire and the necessary equipment to extinguish fire. Whenever an injury occurs in the workplace,the Act mandates certain parties to carry out different procedures. Namely,Section 88(1)states that when an injury results in death or inability to work for a period of48 hours or more,the employer must report the injury to authorities.In the case ofan injury resulting in death,once authorities receive the notice, an inspector mustinvestigate the injury within one month ofreceiving the notice.15 Furthermore,pursuant to Section 88(3), the State Government has the authority to make rules for regulating the above- mentioned procedures. Any factory owner or manager that is in contravention ofthe Act's provisions is guilty ofan offence and may be imprisoned for up to two years,fined one lakh rupees,or both.16 Ifthe contravention continues after the conviction,the factory owner or manager may be fined one thousand rupeesfor each day that the contravention continues.17 When a violation ofthe Act results in an accident causing death,the fine must be 25,000 rupees or greater.18 Further,when a violation ofthe act results in an accident causing serious bodily injury,the fine is not less than 5,000 rupees.l~ The term serious bodily injury means any injury that results in the loss of,or permanentinjury to,any limb,sight or hearing.2o ii. The Employees'StateInsurance(ESI)Act,1948 The Employees'State Insurance Act("ESI Act")is a socialinsurance scheme that protects workers in a number of different situations.21 It applies to allfactories, 15 THE FAC'rORIEsACT,1948§ 88(2)(1987). is Id. at § 92. 1~ Id. ~s Id. 19 Id. 20 Id. 21 Employees'State Insurance Act, 1948,EMPLOYEES'STATE INSURANCE CORPORATION, http://www.es Page ~ 7
  12. 12. Assembly Line ofBroken Fingers 1 including those owned by the government.z2 To administer the scheme,the ESI Act creates a corporation known as the Employees'State Insurance Corporation.z3 Other than administering the benefits specified in the ESI Act,it's interesting to note that the Corporation has the power to promote measures to improve health and welfare ofinsured persons.24 It can also promote measures for the rehabilitation and re-employment ofinjured workers.25 The program is funded by a contribution from the employer and a contribution from the employee.26 The Central Government is responsible for determining the size ofthe contributions.27 The ESI Act provides for periodical payments to workers and their dependents in a number ofsituations. First,it provides periodical payments to sick workers aslong as a doctor certifies their sickness.28 Second,payments are given to workers who cannot work due to pregnancy.2~ Third,whenever a worker becomes disabled due to a work related injury and receives certification from a doctor,that worker is entitled to periodical payments.30 Fourth,when a worker dies as a result ofa work related injury,then that worker's dependents receive periodical payments.31 Additionally,the ESI Act pays for medicaltreatment ofinsured persons and contributes towards the funeral ofany worker who died from a work related injury.32 B.International Health and Safety Laws In the occupational hazard context,this reportfocuses on three relevant international human rights frameworks(1)the Universal Declaration on Human Rights,(2)the International Covenant on Economic,Social and Cultural Rights, and(3)International Labor Organization Conventions.Each will be discussed in detail in the following subsections. ic.nic.in/esi_act.php(last visited Mar.14,2015). 22 THE EMPLOYEES'STATE INSURANCE ACT,1948 Ch.I,§ 1(4)(1948). 23Id. at Ch.II,§ 3(1). 24 Id. at Ch.II,§ 19. 25 Id. 2G Id. at Ch.IV,§ 39(1). 27 Id. at Ch.IV,§ 39(2). 28 Id. at Ch.V,§ 46(1)(a). z9 Id. at Ch.V,§ 46(1)(b). 3o Id. at Ch.V,§ 46(1)(c). 31 Id. at Ch.V,§ 46(1)(d). 32 Id. at Ch.V,§§ 46(1)(e),(~. . _,
  13. 13. Assembly Line ofBroken Fingers 1 1. Universal Declaration on Human Rights The Universal Declaration on Human Rights33 was promulgated in 1948in the wake ofWWII by the United Nations and represents the first global expression ofrights to which all human beings are inherently entitled.It is now considered by mostinternationallaw experts to be a standard ofinternationallaw and was foundationalto the drafting ofthe ICCPR and ICESCR. Article 3ofthe Declaration asserts that"everyone has the right to life, liberty,and security ofperson." This right is reflected in Art.21 ofthe Indian Constitution.Yet,preventable industrial accidents are often fatal depriving hard working men,woman,and even children oftheir very lives. Bonded labor and dangerously excessive hours stripsthem oftheir liberty. And occupational hazards constantly threaten their security ofperson. Much like Directive Principle 42,Article 23(1&3)further declares that everyone has a right to"just and favorable conditions ofwork...[and] remuneration... supplemented,ifnecessary, by other means ofsocial protection."As explained above,just and favorable conditions are setforth by the Factories Act and E5Iis India's primary means ofsocial protection. The problem is that neither scheme is faithfully executed. Finally,Article 24 directs that"everyone has the right to rest and leisure, including reasonable limitation ofworking hours and periodic holidays with pay." As discussed in more detail below, many workers are content with working longer hours with just regular pay.They would not dare demand to be paid for holidays. Allthey repeatedly yearned for is an occasionaltea break. Is thattoo much to ask? For many employers the answer appears to be a resounding yes. Unfortunately,like mostinternationallaw,the Universal Declaration of Human Rights is too often a roaring tiger with paper teeth.In some instances, however,ifthe roar —international attention and pressure — is loud enough,that may be all that is needed to force compliance. In either case,it serves as an importantidealthat all nations should progressively strive to realize. 33 Universal Declaration ofHuman Rights, G.A.Res.217(III)A,U.N.Doc.A/R,ES/217(III)(Dec.10, 1948). Page 19
  14. 14. Assembly Line ofBroken Fingers '~~1 2.International Covenant on Economic,Social,and Cultural Rights (ICESCR) The ICESCR came into being after World War II as an effort to promote social progress and better standards oflife.34 It is an international treaty,and as such,it creates obligations that are legally enforceable internationally amongst the countries that adopted it. Since April of1970,India has been bound by the obligations setforth in the ICESCR by way ofits ratification ofthe treaty.35 Accordingly,Article6 ofthe ICESCR requires State parties to recognize the right to work.Included in this right is the opportunity to earn a living by any work that one wishes.The State must take the appropriate steps to safeguard this right. Such stepsinclude providing technical and vocational guidance and training programs.Article 7requires States to recognize the right tojust and favorable working conditions.It specifically lists safe and healthy working conditions and rest,leisure, and reasonable limitation ofworking hours. 3.International Labour Organization Conventions The International Labour Organization(ILO)is an organization that ties together cooperation between international governments,employers,and workers' organizations to promote social and economic progress.3~ It has 185 member states that get together to debate labor policies and adopt standards.37 While India is one ofthe member states,it has only adopted a selectfew ofthe standards that the ILO promulgated.38 This is especially true when it comesto ILO standards regarding occupational health and safety. Two ILO conventions thatIndia has ratified are implicated by the occupational hazardsin Indian factories. First, Convention 081,which deals with Labour Inspection,states that the labor inspector shall enforce legal provisions relating to safety and health.39 Second,Convention 160,which deals with Labour Statistics,states that compilation and publication ofstatistics on occupational 34 UN General Assembly,International Covenant on Economic,Social and Cultural Rights, 16 December 1966, United Nations,Treaty Series,vol.993,p. 3. 35 Core International Human Rights Treaties, Optional Protocols &CoreILO Conventions Ratified by India, NATIONAL HUMAN RIGHTS COMMISSION,INDIA http://nhrc.nic.in/documents/india_ratificatio n_status.pdf(last visited Mar. 14,2015). 3s How theILO Works,INTERNATIONAL LABOUR ORGANIZATION,http://www.ilo.org/globallabout-the- ilo/how-the-ilo-works/lang--en/index.htm (last visited Mar.14,2015). 3~ Id. ss Id. 3s Labour Inspection Convention, 1947(No.81)art. 3(1)(a). Page ~ 10
  15. 15. Assembly Line ofBroken Fingers 1 injuries shall use the latest standards and guidelines established by the IL0.40 While India tries to comply with these conventions,they fall short ofdoing so, which will be demonstrated in the PartIV.B.2 below. It is also worth noting that Convention 155,which deals with occupational safety and health,has not yet been ratified by India.The convention requires employers to ensure that the machinery and equipment are safe and without risk to health,41 to ensure chemicalsubstances are without risk to health,42 and to provide adequate protective clothing and equipment to prevent accidents or adverse effects on health.43 Many of Convention 155's provisions are already in force at the national level through the Factories Act,1948.The convention has not been ratified, however, because it applies to all industries and all workers whereas the Factories Act is applicable only to a smallfraction ofworkers. IV.Findings The authors'fieldwork in India revealed two main obstacles in India that must be overcome to ensure worker health and safety. First,there are several occupational hazards occurring in workplaces because the factories are not complying with domestic and international laws.Second,the mechanism to report injuries is flawed and can be improved.Accordingly,Part A will document the occupational hazards observed by the authors and describe how each violates domestic and internationallaw.Subsequently,Part B will elucidate the lack of regulatory inspections in India and the flaws ofthe work injury reporting system. A.Occupational Hazards and Injuries:Violations ofDomestic and International Law The following subsections will discuss SLD's efforts to make an auto component manufacturing company in India a safer working environment.It will then discuss the stories oftwo workersfrom the same company,as well as the experiences of workersfrom different auto companiesin the same region ofIndia. Thereafter,this report will depict how the workers'stories demonstrate violations of domestic and internationallaw. 4o Labour Statistics Convention,1985(No.160)art. 1,2. 41 Occupational Safety and Health Convention,1981(No. 155)art. 16(1). 42 Id. at art. 16(2). 43 Id. at art. 16(3. Page ~ 11
  16. 16. Assembly Line ofBroken Fingers 1. Case Study:R.D.0Imports i. Background on SLD'sFightforRDC Workers SLD was made aware ofsignificant violations ofthe Factories Act of1948 resulting in amputation offingers ofat least eight RDC Steel and Allied Services ("RDC")workers. They filed one complainton behalfofMr.Rajesh which also outlined various violations occurring at the RDC factory.44 A supplemental complaint making the Labour Department aware ofan additional eight incidents where RDC workers had fingers amputated by press machines was also filed45. Fig.1-RDC workers usepowerpressessuch as these resulting in serious crush injuries to fingers By filing an RTI Application46,5LD also pushed the ESIC Inspector,Mr.A.K. Garg,to investigate whether the employees were registered under ESI as per the Employees Insurance Act.Since the ESIC inspector notified RDC it would be coming to ensure ESI Act compliance,RDC(and its labor suppliers)enrolled the workers in ESI before the inspector arrived.47 SLD also filed an RTI application to see whether,as per law,RDC had reported the occupationalinjuries documented by SLD.48 Unsurprisingly,the response to the application revealed that RDC had not reported any ofthe accidents.49 44 See Appendix C.3. 46 Id. 46 See Appendix C.2. 47 Ultimately,SLD was able to accomplish its goal ofhelping RDC workers get ESI. However,the factthatSLD had toforce RDC's hand by involving Mr.Garg,an ESIC Inspector,is a prime example ofthe structural challengesfacing workers. 98 See Appendix C.1. 4s Id. Page 112
  17. 17. Assembly Line ofBroken Fingers ~~ ii. Specific RDC Worker's Stories Two RDC workers,Rajesh and Rajkumar,described their working conditions at RDC imports.50 They both worked on machines that press metal sheets into a componentfor a car.51 Once the metalsheets have been pressed,the workers then have to stick their hands in to pull the component out.52 The machines have no sensors that detect whether a human's hands are in the pressing area.53 Further, there is a button that must be manually pressed in order to trigger the machine.54 Both Rajesh and Rajkumar stuck their hands in at the wrong time and had their hands smashed by the machine,resulting in their fingers being amputated.55 After the injuries,they were both sent to a private hospital to get treated.5G Then,after the treatment,they were sent to an ESI hospital for incidentals.57 The workers suspect that this was done to circumvent the legal reporting requirements to police.58 Although Rajesh and Rajkumar were happy that they received treatment,they are saddened by the fact that they have lost their fingers forever.5~ Additionally,Rajesh stated that he was demoted due to his injury, and that RDC refuses to give him back his old job.~~ Rajesh and Rajkumar stated that they work about ten hours a day.~l They also said that workers often complain to management about occupational hazards, but the owner ofthe factory will not listen.62 During one occasion,an employee began filming an occupational hazard on his phone to establish credibility and someone alerted the owner.63 The owner then went up to the employee,slapped him,kicked him out,and fired him.64 5o Rajesh and Rajkumar, Occupational HazardsInterviews(Craig Friedel & Keivan Roebuck eds., Tapan Bhardwajtrans.,2015);See also Appendix A.3(providing summary ofinterview);Appendix E.2(providing the recording ofthe interview). 51 Id. at 2. 52 Id. 53 Id. 54 Id. 55 Id. 5G Id. 5~ Id. 58 Id. 5s Id. so Id. sl Id. at 1. ~2 Id. ss Id. sa Id. Page ~ 13
  18. 18. Assembly Line ofBroken Fingers Fig.2- Rajesh Fig.3- Rajkumar 2. Other Workers'Problems Not Limited to Machine Press Operators We also had the opportunity to interview a Plastic Factory Worker named Vishweshwar Rai.65 He told us that he works 12 hours a day and only takes one or two days offper month.~~ He also said that he sometimes works double and triple shifts,or 24 hours or 36 hours straight.~~ He told us that once workers get injured and receive medicaltreatmentfrom ESI,there is a 50% chance ofthem getting rehired.~8 Moreover, he said that he treats abouttwo injuries per week and the workersface verbal abuse whenever they fail to meet their targets.6~ The workers are also exposed to fumes in the factory and are provided with no masks or protection.70 Finally, we interviewed an Aluminum Factory Worker who described his working conditions for us.~l He stated that at his work,about 600-700 people use four toilets.72 He also stated that hot aluminum once splashed him in the eye and caused injury to his eye and surrounding eyelid.73 Aluminum injuries were not very ~5 Vishweshwar Rai, Occupational HazardsInterviews(Craig Friedel & Keivan Roebuck eds.,Tapan Bhardwajtrans.,2015);See also Appendix A.5(providing summary ofinterview);Appendix E.1 (providing the recording ofthe interview). ss Id. at 1. ~~ Id. sa Id. G9 Id. 70 Santosh Gupta, Occupational HazardsInterviews(Craig Friedel & Keivan Roebuck eds.,Tapan Bhardwajtrans.,2015).See also Appendix A.4(providing summary ofinterview);Appendix E.1 (providing the recording ofthe interview). 71 Id. at 1. ~z Id. ~3 Id. Page ~ 14
  19. 19. Assembly Line ofBroken Fingers common,however,as he only saw two injuries in the past five or six years.74 Nonetheless,they can be rather severe,as one ofthe injuries involved a co-worker accidentally dumping hot aluminum over his head and putting him in a state where he was unable to work for the rest ofhis life.75 r. Fig.4- Vishweshwar Rai 3. Major Violations Fig.5- Close-up of Vishweshwar Rai's Hand After our interviews with workers,the Inspector,and the ESIC doctor, we found severaloccupational hazards in the factories ofManesar that violate domestic and internationallaw.The following table details the violations: Law/Obli ation How is it violated? It's a violation because... Article 7ofthe . Press machines that employees operate do employers are not creating ICCESCR not have sensors. a safe and healthy work • Workers do not receive adequate safety environmentfor their gear to assist them in their duties. workers. • Workers receive no noise protection. • The gloves that employees receive deteriorate after about three hours. They may be provided with a replacement pair, but the are limited to two airs er shift. Section 14 and 36 of Workers are exposed tofumes while they employers force workers to the Factories Act, work. be in confined spaces where 1948 fumes are present and do not properly dispose ofthe fumes. ~4 Id. ~5 Id. Page 115
  20. 20. Assembly Line ofBroken Fingers Section 38 ofthe There are no fire escape routes marked on there are inadequate Factories Act,1948 the walls. meansfor dealing with Little to no equipment to extinguish a fire. fires. Nofires rinkler s stems. Section 35 ofthe Employees do not receive any eye Section 35 mandates that Factories Act, 1948 protection when dealing with dangerous employers provide eye materials. protection. Article 7ofthe Workers are exposed to electrical hazards it indicates that the ICESCR such as water near open connections and factories are not safe and provided no rubber mats. healthy work Inadequate lunch and tea breaks. environments. Inadequate washroom facilities. Little training ofoperating procedures. Nofirst aid boxed. No onsite doctors. Section 88(1)ofthe Employers circumvent reporting injuries to Section 88(1)requires Factories Act,1948 the Ministry ofLabour and Employment employers to reportinjuries by sendinginjured workers to private to appropriate authorities. hos itals instead ofESI hos itals. ILO Convention 081 Ministry ofLabour and Employment ILO Convention 081 states inspectors often finds health and safety that the labor inspector violations ofIndian law,but allows the shall enforce legal factories to continue operations without provisions relating to safety correcting the violations.This is because and health. the inspectors understand that the factories do not have the necessary capital to correct the violations. B.Regulation and Reporting ofOccupational Hazards and Injuries As the immediately preceding PartIV.A demonstrates, violations ofthe Factory Act's health and safety provisions are commonplace. Thisis for two main reasons. First,India lacks an effective preventative regulatory mechanism including routine inspections and fines to prevent accidents.Second,there is a lack ofreporting and accountability once an industrialinjury has occurred. Page 116
  21. 21. Assembly Line ofBroken Fingers 1. Regulatory Mechanism:Inspections,Fines,and Adjudication i. GeneralBackground on the Central Government Regulatory Mechanism Provided by theILO The following information from the ILO provides a useful starting point to understanding the occupational health and safety regulatory mechanism in India at the central government level:~s LabourInspection Structure and organization:The central government and the Ministry ofLabour oversee the formulation ofnational policy and legislation, while the Labour Departments ofIndia's 28 States and seven Union Territories are responsible for implementing and enforcing the Factories Actthrough their factory inspectorates. Meanwhile,the Directorate General,Factory Advice Services and Labour Institutes(DGFASLI)— an agency ofthe central government — advises on the formulation ofnational health and safety policies for factories and docks and liaises with the state factory inspectorates on implementation ofthe Factories Act. The Ministry ofLabour and Employment is responsible for formulating and administrating laws and regulations relating to labour and employment... Departments)responsiblefor LabourInspection:At a central level or sphere,the Directorate General,Factory Advice Service and Labour Institutes(DGFASLI)carries out inspections related to occupational safety and health issues.Also at a centrallevel the ChiefLabour Commissioner (CLC)also known as the Central Industrial Relation Machinery(CIRM)is responsible for enforcing labor legislation related to working conditions. Both the DGFASLI and the CLC are attached offices ofthe Ministry ofLabour & Employment.At a state level,the Inspectorates ofFactories under the control ofeach State Labour Departments enforce the Factories Actin their respective states.77 Different inspectors carry out safety and health inspections and those related to labor issues. Visits andfunctions: Most inspections are conducted after receiving a complaint or in cases where it is deemed necessary to ensure the safety of workers.Since 2008 and to reduce the number ofroutine inspection, 76 India,INTERNATIONAL LABOUR ORGANIZATION(May 29,2011),http://www.ilo.org/labadmin/info/W CMS_156047/lang--en/index.htm. 77 See infra Part IV.B.l.ii. Page 117
  22. 22. Assembly Line ofBroken Fingers undertakings employing less than 40 workers are required to submit a self- certificate certified by a chartered accountant. Sanction and administrativeprocesses:Inspectors'sanctioning powers are limited tofilingprosecution complaints in the courts oflaw.Sanctions for violations oflabor laws provide for fines and/or imprisonment.Under the Building and other construction Workers(RECS)Central Rules,1998 an inspector is empowered to issue warnings to employers regarding the safety, health or welfare ofbuilding workers. No other labor law providesfor issuance ofwarning by the inspector.Although the law does not specifically grant discretion to the inspectors to give warnings and advice instead of launching prosecution... there is a practice followed to issue warnings to those offenders who are first-timers and who rectify the irregularities within a given timeframe. Inspectorscan also issue a prohibition order when in construction sites, buildings,factories or mines work is performed in such conditions that are a danger to life safety ofthe health ofthe building workers or to the public, until measures have been taken to remove the cause ofthe danger to the inspector's satisfaction. The Director GeneralofInspection in the CentralSphere is authorized to exercise the powers ofan inspector as well as a quasi -Judicial authority, and is empowered to impose fines on the offending employers. Atfirst glance the above central government mechanism appears to be comprehensive. However,as PartIV.A explains above,the current mechanism is not providing sufficient oversightin the area ofoccupational safety. Some ofthe systemic problems with the current system are addressed in Part V. ii. Haryana Regulatory Mechanism The Haryana Labor Department consists oftwo separate wings —the Labor Wing(DGFASLI state counterpart)and the Factory Wing(CLC state counterpart). The Labor Wing"endeavors to ensure expeditious settlement ofthe disputes by way ofencouraging bi-partite negotiations(Management &Workers)and entering into tri-partite negotiations(Management,Workers &Labour Department)."78 Disputes which do not get settled are referred to one of nine Labour Courts/Tribunalsfor adjudication including three in Faridabad.,twoin Gurgaon,and one each in 78 Activities ofthe Department,LABOR DEPARTMENT HARYANA,http://hrylabour.gov.in/page.php?mod ule=pages&pid=4,(last visited Mar. 14,2015). Page 118
  23. 23. Assembly Line ofBroken Fingers Panipat,Rohtak,Ambala and Hissar respectively.79 Their principalfunction is to adjudicate upon industrial disputes referred to them by the Government besides claims ofdues against employers submitted by the workers.80 These Courts are headed by Presiding Officers ofthe level ofAdditional District and Sessions Judge.81 The only readily available information regarding the function ofthe Factory Wing is that it"conducts inspections from time to time under various labor laws" and is responsible for licensing and approval offactory building plans.82 Fortunately, Rohit Beri,the Assistant Director ofIndustrial Health and Safety, Labor Department Haryana("Inspector")with jurisdiction over Manesar(including RDC),provided additional insights into Haryana's Factory Wing.The Inspector explained the Factory Wing is the technical side ofthe Labor Department consisting ofengineers who inspect factories for health and safety violation ofthe Factories Act. The inspectors file complaints based on their inspections and these are processed by the Labor Wing which,as explained above,focuses on conflict resolution and adjudication. The hierarchy ofinspectors ofthe Factory Wing is asfollows: s Joint Directors:Inspects factories with >1000 workers s Deputy Directors:Inspects factories with between 500-1000 workers s Assistant Directors:Inspects factories with <500 workers Each type ofdirector is given a specificjurisdiction with the size ofthe jurisdiction increasingfrom Assistant Director to Joint Director to account for the larger number ofsmaller factories. The Inspector is responsible for[1]inspecting all registered factories [2] and investigating all non-fatal injuries(ifthe injury is fatal then the Deputy Director willinvestigate). When inspecting factories,the inspectors use a comprehensive checklist of laws with which the factory must comply.83 However,Rohit Beri admitted that smallfactories are not usually able to comply with all ofthe requirements. Recognizing that were he to strictly enforce the current laws many ofthe small factories would go out ofbusiness and all the workers would lose theirjobs,the Inspector focuses on five common violations as per Labor Department policy: ~s Id. so Id. si Id. 82 Id. 83 See Appendix B.3. Page 119
  24. 24. Assembly Line ofBroken Fingers 1 1. Fire Hazards(e.g. no sprinkler systems,fire extinguishers,etc.). 2. Electrical Hazards(e.g. Water near electricity,lack ofrubber mats, open wires,etc.). 3. Lack ofLifting Machine Experts. Normal workers are not properly trained to operate heavy lifting machinery,such as forklifts,leading to accidents.Such operators should be trained experts. 4. Heavy Machinery Hazards(e.g.old or budget machinery that lack proper safety equipment such as motion sensors). Notably, power presses lead to a significant number ofinjuries —especially to fingers(e.g. RDC). 5. Lack ofFactory License (i.e.illegal factories that are not properly registered with the state). Importantly,notice before inspection,as per protocol,is not required for unlicensed factories. Second,when an inspector becomes aware ofan occupationalinjury,they must go investigate the accident at the factory,take pictures,review medical records, write a report,and potentially submit a complaint within 15 days. Inspectors become aware ofinjuries in one oftwo ways:[1]Self-reporting ofthe injury by the employer on FORM 18 and [2]"reliable sources". FORM 18 requires information regarding when,where,why,and how the injury occurred.84 Anecdotally,the Inspector noted that he investigates only 20-25 FORM 18 industrialinjuries per year!This is likely due to the factory owner disincentives to self-report.85 What constitutes a"reliable source"is undefined,but the Inspector said that often times it will be the media,NGOs,or even the workers themselves that call his office to report they were injured (rare). 2. Treatment and Reporting Mechanism When the regulatory mechanism described above fails to prevent an occupationalinjury,two things should occur:[1]the worker should be provided treatment and [2]the injury should be reported to the government so it can take appropriate steps to preventfuture injuries at the same factory and compile accurate national occupational injury statistics. 84 See Appendix B.2. 85 See infra Part V.B.3. Page ~ 20
  25. 25. Assembly Line ofBroken Fingers 1 i. Treatment ofInjuries and ESI When an individualis injured at the workplace,they can either go to an ESIC hospitalifthey were enrolled in the Employee State Insurance(ESI)program or to a private hospitalifthey were not. To participate in ESI,the employers must have enrolled their employees and contributed 4.75% ofthe employee's wages to the program with the employee contributing another 1.75%.Once enrolled,ESI provides insured workers and their family members medicaltreatment.There is no ceiling on expenditure for the treatment on payment ofa token annual premium ofRs.120.Other benefits ofbeing enrolled in ESI include: (a)Sickness Benefit(SB):70% ofwages payable to insured workers during the periods ofcertified sickness for a maximum of91 days in a year. To qualify,the insured worker is required to contribute for 78 days in a contribution period of6 months.Extended and enhanced benefits are also available in certain situations. (b)Maternity Benefit:Full wage payable for three months and extendable by an additional month on medical advice subject to contribution for 70 daysin the preceding year. (c) Temporary or Permanent Disablement Benefit:90% ofwages payable for as long as disability continues or indefinitely depending upon the extent ofloss ofearning capacity do to the disability as certified by a Medical Board. (d)Dependents'Benefit:90% ofwage payable to the dependents ofa deceased insured worker in cases where death occurs due to employment injury or occupational hazards. (e)Funeral Expenses:Rs.10,000 is payable to the dependents or to the person who performs last rites immediately upon entering insurable employment.8~ According to an anonymous ER doctor working at the ESIC hospitalin Manesar,90% ofworkersin the Auto Industry have ESI and that number is growing.S7 Although this statistic and sentiment may be highly exaggerated,every autoworker interviewed was enrolled in ESI. Nonetheless,several interviewed workers asserted that,even though they were enrolled in ESI,they were first taken to a private hospitalfor medical 8G Benefits,EMPLOYES'STATE INSURANCE CORPORATION,http://www.esic.nic.in/bene~its.php (last visited Mar.15,2015). $' See Appendix A.1. Page (21
  26. 26. Assembly Line ofBroken Fingers treatment and then directed to seek the other ESI benefits later. This common practice is likely due to the requirement that when the hospitalfinds outthe individual was injured at the workplace they mustfill out FORM 16,which identifies the factory where the injury occurred. The doctor was unable to explain whatfollow up,ifany,was undertaken once the form was filled out proclaiming that it wasthen"out ofhis hands."The doctor could only say that the police would be called ifthe hospital suspected or had knowledge thatthe injured individual was involved in or a victim ofa crime(e.g. assault ofemployee by their employer or their agents).The government recommendations discussed in Part V attemptto offer solutions to this dilemma. Those without ESI are not allowed to be treated at ESIC hospitals unless it is an emergency. This condemns workers making Rs.100 per day to either seek treatment at a private hospitalincurringlakhsin medical bills or to self-treat the injury. For this reason,the ESI doctor proclaimed that"ESI is God to them [the workers enrolled]" because there is no way that they could otherwise afford the high cost ofmedicalcare. This troubling issue can only be resolved through the expansion ofthe ESI program to cover workersin smaller factories and all industries. ii. Mechanismsfor Reporting ofInjuries Once an occupation injury has occurred,the injury should be reported to the government so it can take appropriate steps to preventfuture injuries at the same factory and compile accurate national occupationalinjury statistics. The only current mechanism to report injuries to the governmentis FORM 16(filled out at ESIC hospitals)and FORM 18(to be submitted to the Labor Department by the employer). Injuries reported on FORM 18 are investigated by the Labor Departmentinspectors as discussed in more detail below. However,according to the interviewed inspector,no investigation is made by Labor Departmentinspectors into those injuries reported on FORM 16. In other words,there appears to be a complete lack ofcommunication between ESIC and the Labor Department. Thislack ofcommunication has also likely led to extensive underreporting of occupational injuries. Hospitals are at the front lines and see many occupational injuries every day. Each ofthese should be reported using FORM 18 by the employer,butthe Inspector asserts he only receives 20-25 per year!This appears consistent with the extremely low official government occupationalinjury statistics. Page (22
  27. 27. Assembly Line ofBroken Fingers According to the most recent accessible statisticsfrom DGFASLI,there was a total ofonly 29,837 injuries(1433fatal)in all ofIndia in 2011.88 In contrast,the United States, with a population ofonly 300 million and safer workplaces,had over 3 million occupationalinjuries reported by private employers alone.This resulted in an incidence rate of3.3cases per 100 full-time workers, according to estimatesfrom the Survey ofOccupationalInjuries and Illnesses(SOII) conducted by the U.S.Bureau ofLabor Statistics.89 This meansthat India,with a population of1.2 billion(four times the US)and less occupational health and safety enforcement,could actually have over 12 million occupational injuries per year- not the 29,837 claimed in official government statistics. The fact that occupational injuries are extremely underreported in official government statistics is confirmed by the anonymous ESIC ER doctor interviewed. One doctor in one hospital asserted he treated between 250 and 500industrial injuries in one year!Iftrue,according to governmentinjury statistics this would mean that there are between 60-120 doctors in all ofIndia(29,837injuries divided by 500 and 250injuries per doctor respectively). Even accountingfor the fact that an ESIC ER doctor in the Manesar auto industrial belt would treat a disproportionate amount ofoccupationalinjuries,it is clear thatthe official government statistics are absurdly low. More discussion on the subject ofbarriers to reporting can be found in PartV.B.2 along with a recommendation that may circumvent some ofthese obstacles. C.Summary ofFindings The following are the cumulative findings ofHealth and Safety violations: s Press machines and other heavy equipment lack safety sensors or other safeguards s Workers receive insufficient safety gear(e.g. no ear protection, gloves wear out after three hours ofa twelve hour shift,etc.) s Excessive exposure tofumes s No fire escape routes or sprinkler systems s Electrical hazards such as water near open connections and no rubber mats 88 See Appendix E,Table 8.1.Also available at http://www.dgfasli.nic.in/infol.htm. 89 News Release,BUREAU OFLABOR STATISTICS U.S.DEPARTMENT OFLABOR(Dec.4,2014),http:// www.bls.gov/news.release/archives/osh_12042014.pdf. Page 123
  28. 28. Assembly Line ofBroken Fingers s Lack ofsufficient lunch and tea breaks s Malpayment ofwagesleading workers to have to work an unhealthy amount ofovertime s Lack ofadequate washroom facilities s Factory plans not registered s Lack adequate training or posting ofoperating procedures s No First Aid box or on site doctor available The following systemic problems have also been deduced: s Although most workers were enrolled in ESI,employers first take employees to private hospitals and then direct them to ESIC Hospitals to obtain long term benefits in a ploy to avoid industrialinjury detection by the state. s There is little or no communication between ESIC and the Labor Department's Health and Safety Inspectors such that injuries go under reported. s Smallfactories cannot afford to comply with the current health and safety regulations. V. Moving Toward a Safer and Healthier Workplace As Demonstrated in PartIV,India has significant room for improvement with regard to occupational hazards. Changes must be made.This report will propose changes that Employers can make in Part A below. Further,it will suggest changesthat the Indian Government should make in Part B,and suggestionsfor future advocacy by SLD and partner organizations in Part C. A.Recommendationsfor Employers To make significant changes in the workplace,employers need a large amount ofcapital. Unfortunately,asthe Ministry ofLabour and Employment recognizes, most ofthe factory ownersin India do not have the capitalto make their facilities safer. As such,an approach must be adopted that would allow the Indian factories to acquire necessary capital.Then,once the factories have the capital,they can purchase safer machines,provide more safety equipment,and implement better training programs. Page ~ 24
  29. 29. Assembly Line ofBroken Fingers 1.Employers Should Fight to Adoptthe Model ofthe Bangladesh Safety Accord. The companiesin India should adopt an approach to upgrading factory equipment similar to that ofthe companiesin Bangladesh. Namely,after the horrific collapse ofa factory in Bangladesh in 2013,Wal-Mart Stores,Inc., Gap Inc. and VF Corp.found a new way to secure low-cost loans to upgrade factories.90 They did so byforming an Alliance and forming an agreement with the International Finance Corporation to provide loans backed by a corporate guarantee.~l Factories have thus been able to take on loans at interest rates that are less than one-third of the market rate.92 The loans,in turn,are being used to purchase safety equipment such as fire doors,safety lights,and automatic-sprinkler systems.~3IfIndian factories were also able to take out low interest loans to upgrade equipment,then there likely would be significantly less injuries in the workplace. However,Indian factories should go one step further and make multinationals commit to a system similar to that ofthe Bangladesh Safety Accord. The Bangladesh Safety Accord is comprised oflegally binding agreements between multinationals and trade unions by which all parties strive to make workplaces safer.~4 Employers should also seek legally binding agreements not only between the multinationals and trade unions,but also between the multinationals and themselves.This would ensure accountability and reliable support, unlike the Wal- Mart/Gap scheme in Bangladesh.95 Furthermore,Indian employers should accept and implement the policies and procedures ofthe Bangladesh Safety Accord. Namely,employers should allow for independent inspections supported by a program developed by multinationals.9~ Moreover,they should agree to public disclosure ofall ofthe inspection results as well as their plans to correct violations.~~ Employers should also create so Alliance Sets Plan to Finance Bangladesh Factory Upgrades, THE WALLSTREET JOURNAL(Dec. 5, 2014 10:00 AM), http://www.wsj.com/articles/alliance-sets-plan-to-finance-Bangladesh-factory- upgrades-1417791607. sl Id. s2 Id. ss Id. ~4 About the Accord,ACCORD ON FIRE AND BUILDING SAFETY IN BANGLADESH,http://bangladeshacc ord.org/about/(last visited Mar.14,2015). 95 Comparison:The Accord on Fire and Building Safety in Bangladesh and the Gap/Walmart Scherrce, CLEANCLOTHEs.oRG,http://www.cleanclothes.org/resources background/comparison-safety- accord-and-the-gap-walmart-scheme(last visited Mar.14,2015)(One significant problem with the Wal-Mart/Gap scheme is that there is no mechanism to ensure that the multinationals will continue their support both financially and otherwise.). ss About the Accord,supra note 94. Page 125
  30. 30. Assembly Line ofBroken Fingers 1 democratically elected committees within their factories to report on safety issues and compliance.9~ Similarly,there appears to be incentive for multinationals to push factory owners to pursue these low interest loans.Such incentive comes in the form of avoiding backlash from various human rights organizations. For example, organizations such as the United Students Against Sweatshops stage demonstrations against multinationals to improve compliance with safety standards in their factories.99 The pressure ofsuch organizations sometimes will lead companies to either improve conditions or move to another country.loo Ifcompanies move countries, however,they are often criticized for doing so and faced with paying higher costs.lol They are also forced to wait several years before new working relationships with new suppliers are established.lo2 For these reasons, multinationals have already begun pressuring factories to upgrade equipment.lo3 But for those factories that refuse to pay the price to upgrade equipment on their own,multinationals should promote the backing oflow interest loans. 2.Employers should institute new training programs and provide more safety equipmentto employees. Factory owners should also provide more safety equipment and training for employees.For instance,at one automobile component factory,an employee described that when he joined the company,the company did not provide him with any training as to how to operate a machine.l~`~ Instead,the company stated that he did not need training because he had already operated a similar machine at a previous company.lo5 The similar machine,however,was different in that a handle and not a pedal operated it.los While this difference may seem minute,the employee ended up amputating his left thumb,l~~ leaving the question ofwhether proper training may have prevented the injury. ~~ Id. sa Id. 9s Retailers Face Tough Decisions After Bangladesh Factory Collapse,supra note 1. ioojd, ioi Id, iozjd, l03 your car has been built on an assembly line of broken fingers, SCROLL(Nov. 30,2014,4:00 PM),http://scroll.in/article/692477/Your-car-has-been-built-on-an-assembly-line-of-broken-fingers. ioa Id, io5 Id. ios Id. ion Id. Page ~ 26
  31. 31. Assembly Line ofBroken Fingers Moreover,companies refuse to purchase safety equipment at the expense of worker safety. One way to minimize injuries would be to purchase metalclamps to extract the finished goodsfrom the press machines.108 The cost ofthe clamps is about Rs 25,1os which is rather cheap when compared to upgrading to machines with sensors. However,many factories refuse to purchase the clamps because it slows down production.11o Employers should understand that worker safety is more important than maximizing production.As such,they should spend the extra time and money to train employees on how to use equipment,as doing so is not a very difficult task and can prevent injuries. Likewise,employers need to spend money to either purchase safety equipmentfor employees or upgrade to safer machinery. Perhaps the only way to make employers do these things is through government regulation, which will be discussed in the next section. B.Recommendationsfor Indian Government There willlikely be no change in India ifthe Indian government does not play a bigger role in promoting workplace safety. Accordingly,the following subsections will describe different actions that the Indian central and state governments should take. 1.Force Employers to Provide More Training for Employees and Upgrade Their Equipment The Indian Government should force employers to upgrade to safer equipment and provide more training for workers.One way in which it can do so is by creating a mechanism to hold factory owners accountable ifthey failto provide proper training or safety equipment.We propose that the mechanism should be the use of more inspectors with increased authority to carry out domestic and internationallaw. The Indian Government should hire more inspectors to investigate compliance with domestic law and internationallaw.In addition,the inspectors should be given more authority to fine the factory owners.After we interviewed the Assistant Director ofIndustrial Health and Safety,we learned that there were not enough inspectors to investigate factory accidents. Furthermore, we learned that factories with less than 40 workers would now not be investigated due to the recent ios Id. ios jd. uo Id, Page ~ 27
  32. 32. Assembly Line ofBroken Fingers change in Indian law.For these reasons,the Indian Government should seek to employ more inspectors to make sure thatfactories are complying with domestic law,particularly the Factories Act,1948. Further,the inspectors should be able to increase the fines thatfactory owners must pay ifthey are not complying with domesticlaw or internationallaw. The amount ofthe fine,ideally, would be set at an amount that would incentivize the factory owners to invest money in making their factories safer. Ifthis is economically unfeasible,then inspectors should be able to fine the factory owners in away in which they mustspend the amount ofthe fine on making their workplaces safer. Either which way the factories getimproved,the important thing to note is that the Indian Government will likely have to be the impetus for such change. Moreover,the Indian Government has incentive to ensure that Indian infrastructure is upgraded.11l Although India provides some ofthe cheapestlabor in the world,it does not have the proper buildings,roads,ports, and power networks that many companies desire.112 This,in turn,minimizes its competitive advantage and makesit less attractive to companies.113 As a result,companieslook to China, which hasinvested significantly more in its infrastructure, while still providing cheap labor.114 Thus,to make India a more attractive place for business,it should want to make factoriesimprove their conditions. Finally,another practical way to ensure that factories use safe machinery is for the central government to directly regulate factory machine manufactures. The central government,for example,could require all power presses manufactures in India to include safety censors. 2.Increase ESIC and Labor Department Collaboration Regarding IndustrialInjuries As explained previously,the only way an occupational health and safety inspector at the Labor Department investigates an industrialinjury is if[1]the factory self-reports the accident on FORM 18115 or[2]the inspector becomes aware ofit through a"reliable source". However,ifthe goalis to investigate unsafe workplaces where workers are injured,then it would be logicalfor the inspector to also look into instances where the worker claims he was injured at work on FORM 111 India us. China:The Battlefor Global Manufacturing,BLOOMBERG BUSINESS(Nov.6,2014), http://www.businessweek.com/articles/2014-11-06/india-vs-dot-china-the-battle-for-global- manufacturing. 112 Id. its Id, iia Id. lls See Appendix B2. Page 128
  33. 33. Assembly Line ofBroken Fingers 1611 when he or she receives treatment at an ESIC hospital. For this to occur,the government must statutorily or administratively require greater information sharing between the Department ofLabor and ESIC.Specifically,ESIC should be required to share FORM 16 data with the Labor Department.Both FORM 16& 18 require essentially the same information.11? Both forms require information regarding[1]name offactory/employer.[2]the industry,[3]Address ofpremises where accident happened,etc. Thus,ESIC FORM 16 could act as a "reliable source" that instigates and investigation by the inspector. The current system relies too heavily on the altruistic idea that employers will self-report injuries that occur at their factories by submitting FORM 18 to the Labor Department. Submitting the form will open the employer up to liability and inspections that will likely resultin fines or costly safety improvements. Since the employers have these disincentives to report,there is drastic under-reporting of accidents.The inspector said he receives only a few FORM 18s per month!lis However,employers are more likely to fill out FORM 16 since it is the difference(as per ESIC hospital protocol)between a worker receiving treatment at an ESIC hospital or not. This is true due to basic human decency and the fact that treatment may be costly for the employer at a private hospital whereasifthey have ESI they can receive treatment for the worker at a public hospitalfor almost nothing. This system is not perfect either, however.The ESIC ER doctor noted that FORM 16 is often filled out by middlemen who bring the injured worker to the hospital(since the workers usually cannot read)and they often predictably mark that the injury was due to the worker's own negligence. Nonetheless,this designation offault is nothing more than an assertion ofinnocence and should be viewed suspiciously by any inspector who ultimately should decide the issue of fault.The crucialinformation FORM 16 would provide inspectors is how many accidents are occurring at what factories.Ifmany workers are coming into the ESIC hospital with industrialinjuries from the same factory,this would be a strong indication("reliable source")that the factory should be inspected and the injuries investigated. Another issue is that when employers learn that ESIC FORM 16 may lead to inspections,they may stop bringing workers to public hospitals and optfor private ones. For this reason,to truly implement this alternative accident reporting mechanism,laws must be passed that require private hospitals to also fill out FORM 16(or similar form)and submit them either to ESIC or the Department of Labor directly. The law should impose a heavy penalty ifanother source leads to an investigation that reveals a worker received treatment at the private hospital without submitting the form to the proper authority.The fine must be significant to act as a true deterrent. Despite these difficulties, having an additional mechanism lls See Appendix B.1. 11~ See Appendix B.1-2. lls See Appendix A.2. Page 129
  34. 34. Assembly Line ofBroken Fingers for industrial injuries to be reported to the Department ofLabor for investigation is desirable. Ideally,the complete and successful implementation ofthis governmental recommendation would ensure that ifany person sought medicaltreatment at a public or private hospital and indicated the injury occurred at the workplace a FORM 16 would be filled out and the information gathered would be communicated to the Labor Department(obviously,in reality, many injuries will still evade governmental detection but the number should be significantly reduced). This would benefit the Labor Departmentinspectors by highlighting which factories are contributing to the most accidents. With this knowledge,the inspectors would be able to inspect and investigate the most prevalent offenders and thus more efficiently reduce the number ofaccidents. Notably,the recommendation'simplementation would also have the added benefit ofsupplying the Labor Departmentextremely more accurate statistics on industrialinjuries ifthe information was properly compiled in a database. 4. Create Greater Bifurcation ofHealth and Safety Regulations Based on Factory Size According to Inspector Rohit Beri,it is economically impossible for small factories to comply with the current health and safety regulations. He suggested that were he to strictly enforce the law he would have to shut down a multitude of smallfactories and thousands ofjobs would be lost. Thus,ifstrict enforcement of the current regulation by all inspectors were to immediately come into effect across India,the number ofjobs lost would likely be significant. Moreover,the natural consequence ofsuch enforcement would be to significantly raise the cost ofdoing business in India.In turn,this translates into future jobs being lost to other countries. For these reasons,progressive realization ofthe health and safety standards commensurate with India's economic growth is the most practical and realistic- but admittedly not the most idealistic- path forward. Unfortunately,economic reality makes the right ofall Indian workers to have work collide with their right to a healthy and safe workplace.It is the author's opinion that the former right is logically paramount to the later for it is better to have miserable work that puts your life at risk than to have no work with which to gain the means to sustain your and yourfamily's livelihood leading to starvation (although some might philosophically disagree). Certain programs,such as those discussed in Part V.A.1(e.g. partnership with multinationals)ease the consequences ofthis dichotomy by rich corporations offering cheap capital to smallfactories to increase occupational health and safety. Ultimately,however,such programs are a drop in the bucket and mostsmall factories competingfor work ultimately perceive that strict health and safety Page ~ 30
  35. 35. Assembly Line ofBroken Fingers •1 s compliance is not in the factories best interest since complying with all the current regulations would put them out ofbusiness due to a lack ofcompetitiveness. The goal then is to make it in their bestinterest.But How? The answer is bifurcation ofhealth and safety regulations based on factory size combined with strict enforcement ofthose new progressive standards and higher fines. Asoutlined by Inspector Rohit Beri,this would require the government to establish a tri-partite committee ofgovernment,employer,and worker organization unions members to attemptto find the most economically efficient safety standards for smallfactories.This could be accomplished by focusing on those standards that have the greatest industrialinjury prevention ability per rupe spentto implement. For example,as discussed above,instead ofrequiring smallfactories to have pneumatic power presses with built in sensors which cost Rs 20lakh as opposed to mechanical power presses which cost Rs81akh,sacrifice minimalsafety and allow them to have the cheaper machines as long as they install double hand safety mechanism for RS 28,000 or provide magnetic clampsfor Rs 25.119 Admittedly,bifurcation meanslower standards for smallfactories than for larger ones. However,the lower standards will allow inspectors to do something they have never done—strictly enforce the occupational health and safetylaws— without costing millions ofjobs. Additionally,realistic and obtainable standards willincentivize unlicensed factories to become legitimate and thus come within the regulatory scheme. Why?Every day factory owners weigh the economic risk of being caught without a license(and the resulting fines)againstthe cost of compliance. Under currentlaw,all too many owners decide proceeding without a license is the more prudent economic decision for their business(sadly most only think oftheir wallet and not the wellbeing ofworkers). However,ifyou lower the cost ofcompliance by efficiently lowering the standards to maintain the greatest level ofhealth and safety as described above and combine strict enforcement with increased fines for operating without a license the sensible choice then converts to compliance. Once a threshold level ofcompliance is achieved,then the occupational health and safety standards can be incrementally raised. Admittedly,research has not revealed that such a method is sanctioned by the ILO. This is likely due to the fact that the ILO promulgatesideal rules and bifurcation clearly is not ideal- it is a pragmatic solution to economic realities. However,the ILO does recognize that progressive realization is sometimes required. lls See Appendix A.6. Page 131
  36. 36. Assembly Line ofBroken Fingers 1 Ultimately,whether one finds bifurcation acceptable is likely a result one's philosophical approach to human rights. In the international human rights community there appears to be a divide between those who believe the best way to help abused workers is through a focus on the labor relations process and those that believe the focus should be on labor market outcomes.12o This author believes in the latter approach and agrees with Cornell Professor Gary S. Fields when he explains that"ifpushed too far,too fast,the active promotion oflabor standards[via an over- emphasis on the labor relations process] may hamper employment,reduce competitiveness,and impede growth [i.e. lead to negative labor market outcomes]. The poor workers ofthe world cannot afford this." In the end,this recommendation may be viewed as controversial and overly focused on economic[i.e. labor market outcomes]as opposed to human suffering [the focus ofthe labor relations process]. Sadly,this may be true from an individual worker currently in a smallfactory point ofview. However,on the macro level the recommended policy ofprogressive realization is likely a more efficient way to achieve widespread compliance with international occupational health and safety standards. Currently,progressive laws are not being enforced because the "symptoms"ofgreater enforcement(e.g. labor market outcomes such as mass layoffs,fewerjobs)are seen as worse than the "disease"(occupational hazards).As PartIV.A demonstrates,the current system clearly is not working. It is the author's opinion ofthat this is due to the current progressive occupational hazard laws not being commensurate with India's level ofeconomic development. In the long run,it is the author's beliefalong with that ofInspector Rohit Berithat progressive realization through bifurcation will prevent the most amount ofhuman anguish. More research is clearly needed in this regard.Unfortunately,it is simply beyond the scope ofthis report. 3. Ratify ILO Convention 155. The reason why India has not ratified ILO C155 is because India's laws governing occupational health and safety(e.g. Factories Act, Mining Act,etc.)are applicable to only a small portion ofthe Indian workforce. ILO C155,on the other hand,applies to all branches ofeconomic activity and to all workers. As the Indian Department ofLabor explains: izo For a more in depth discussion on this ongoing-debate,see Gary S.Fields,Labor Standards, Economic Development,and International Trade, CORN~LL UNIVERSITY ILR COLLECTION (1990), http://digitalcommons.ilr.cornell.edu/cgi/viewcontent.cgi?article=1013&context=conference. Page ~ 32
  37. 37. Assembly Line ofBroken Fingers It has always been the practice in India that we ratify a Convention when we are fully satisfied that our laws and practices are in conformity with the relevantILO Convention.It is now considered that a better course ofaction is to proceed with progressive implementation ofthe standards,leave the formal ratification for consideration at a later stage when it becomes practicable.lzl In an apparent deviation from this general practice,in the 36th Session ofthe Tripartite Committee on Conventions(COC)in 2012,the recommendation in the agenda was made to ratify C155 with reservations that excluded both the Agriculture and Services Sectors since the current Safety and Health laws do not adequately protect those sectors to conform to the convention.122 Unfortunately, extensive Internet research failed to revealthe minutes or results from the COC. It is unclear whether ratification with significant reservations would have a positive effect on the realization ofoccupational health and safety. Excluding the Services and Agriculture industry allows India to ratify C155 without implementing positive changes in order to do so.Thus,it may simply be a governmental tactic to quail the mounting internal and international pressure to ratify the convention while maintaining the status quo. On the other hand,ratification,even with reservations,requires the Indian government to"formulate,implement and periodically review a coherent national policy on occupational safety and Health and Environment at the workplace."123 It also cracks the door open for the ILO to more closely monitor the situation.This added emphasis may positively intensify pressure for change. Ideally,India would change its laws to apply ILO C155 protections to all workers and ratify without reservation. Ultimately,however,given the current circumstances ratification with reservations is likely better than no ratification at all. Thus,the Indian governmentshould actively pursue this course ofaction. C.Campaign Advice for SLD SLD has already made significant strides in helping RDC workers by helping them become enrolled in ESI and initiating industrialinjury complaints.The following campaign advice is meant to build on this progress and suggest advocacy stepsfor SLD and allies goingforward with work on these issues. The authors hope 121 India &ILO,LABOUR.GOv.IN,3,http://labour.gov.in/upload/uploadfiles/files/Divisions/ childlabour/Website%20-%20Copy%20(1)%20gyanesh.pdf(last visited March 15,2014). 122 Thirty Sixth Session ofthe Tripartite Committee on Conventions,GOVERNMENT OFINDIA, MINISTRY OF LABOUR AND EMPLOYMENT,19-20(September 25,2012), http://labour.gov.in/upload/ uploadfiles/files/latest_update/what_new/5056a62160211Agendaof36thCOCNIC.pdf. 123 Id, Page ~ 33
  38. 38. Assembly Line ofBroken Fingers the advice will be a springboard for impactful action that will provide meaningful changesfor the workers ofIndia in this sector. 1.Advocate for Implementation ofthe Above Government Recommendations. A firm understanding ofwhat both state and central governments should be doing to improve the lives ofits workforce isimperative for any worker organization.It is hoped the above background on the relevant occupational health and safety lawsin Part III and the documentation ofFactory Act violations and explanation ofthe current governmentalregulatory and reporting mechanisms in PartIV have served to solidify and expand SLD's knowledge concerning occupational hazards. Part V.B then introduced severalchanges the government could implement to improve the lives ofworkersincluding[1]hiring more factory health and safety inspectors at both the state and central level,[2]overhauling the current industrial injury reporting mechanism to create greater ESIC and Labor department collaboration,and [3]creating greater bifurcation ofthe health and safety regulations based on factory size,and[4]ratifyingILO convention 155. Since each ofthese recommendations must be implemented by the central and state governments,SLD's role is to put pressure on the government to take stepstowardstheir progressive realization. Obviously,direct pressure on the Indian government would be a dangerous game to play for any grassroots organization such as SLD—especially with Prime Minister Modi's Bharatiya Janata Party in power. It is one thing to publicize corporate follies and quite another to highlight governmentfailures. Consequently,to the extent possible,SLD's goal should be to formulate tactics thatfocus public outcry against occupational hazards and injuries occurring in corporate factories.This in turn,could lead to an unsatisfied electorate that demands the government —particularly at the local and state levels — to take action against the corporations by implementing the above recommended reforms. Such indirect pressure allows the government to save face regarding its own regulatory and reporting failures by acting as the champion ofthe people against the evil corporations. For example,continual and widespread outcry over occupationalinjuries occurring at corporate factories could eventually lead to societal discontent(e.g. strikes,crime,etc.)that government officials attempt to quail bypassing legislation to hire more health and safety inspectors or increase health and safety violation fines. Page 134
  39. 39. Assembly Line ofBroken Fingers With specific regard to ILO C155,SLD should join other workers organizations and unions in seeking its ratification. For example,formal observations regarding C155 were submitted to the ILO by both Bharatiya Mazdoor Sangh(BMS)and the Centre ofIndian Trade Unions(CITU)in 2008.124 However, neither has been responded to by the Indian Government.IfSLD would like to get involved in supporting this important ratification,teaming with these powerful unions would likely be a helpful place to start. Furthermore,SLD may reach out to Joint Secretary ofthe Ministry ofLabour and Employment GOI,Mr.A.C.Pandey, who has chaired meetings to explore the possibility ofratification ofILO C155 at: Shram Shakti Bhawan, Rafi Marg, New Delhi-110001, 011-23710239(office) acpandey@nic.in 2.Initiate a"Reliable Source" Campaign Aslearned from the interview with the Manesar Inspector,in order for an investigation into an occupationalinjury to be launched without the employer self- reporting using FORM 1$,the Labor Department Health and Safety Inspector must become aware ofthe injury through a"reliable source". The inspector explained that there is no firm definition ofa"reliable source". However,he revealed that,the media,worker organizations/unions,and even individual phone calls from workers can all qualify.125 Thus,SLD could initiate a grassroots campaign to provide Inspectors with these "reliable sources". As discussed,the factory-inspector ratio is absurdly high. It is impossible for inspectors to verify all the licensed and unlicensed factories in theirjurisdiction are safe and healthy.Thus,the benefit ofproviding"reliable sources" is that it helps inspectors identify which factories contain the most egregious occupational hazards.This,in turn, will greatly enhance the efficiency and effectiveness and ofthe inspectors. Providing the inspectors"reliable sources" could be accomplished in several ways.First,SLD could launch an education campaign that strives to provide the workers the name and contact information ofthe Health and Safety Inspector in 124 Observations made by employers'and workers'organizations ofIndia,INTERNATIONALLABOUR ORGANIZATION,http://www.ilo.org/dyn/normlex/en/f?p=1000:14101:0::N0:14101:P14101_COUNTRY_ ID,P14101 AR,TICLE_N0:102691,19(last visited March 15,2015). 125 Seesupra Part IV.B.l.u. Page ~ 35
  40. 40. Assembly Line ofBroken Fingers charge ofensuring the safety oftheir particular factory. This would likely involve conducting workshops,passing out/posting flyers in a particular inspector's jurisdiction,and disseminating the information to other worker organizations/unions that could then share it with their members.An injured or disgruntled worker could then anonymously(asto protect themselvesfrom employer repercussions)call their inspector to notify him or her ofthe violations occurring at their workplace. The Inspector interview revealed that on several occasions he considered a simple phone callfrom a factory worker a sufficiently "reliable source"to go out and inspect the factory. Justimagine iften or more workers called regarding the same factory? Ultimately, mass calling campaigns to government officials such as safety inspectors could be a useful union tactic in a variety ofcontext. Second,the workers could notify SLD about occupational hazards at their workplace and it could then keep a database thatincludes the factory name,factory location,occupational hazard/injuries, and the corresponding inspector's name (which could be discovered by cross referencing the factory location and inspector jurisdictions). SLD could then provide this documentation to the relevant inspectors since workers organizations are considered "reliable sources". Third,ifthe Labor Department inspector fails to act on the documentation, SLD could turn to the media. Supriya Sharma's Scroll article, Your car has been built on an assembly line ofbrokenfingers,is a prime example ofthe value ofthe media.12s Ideally,this campaign could eventually culminate in statutory reform that requiresfactory ownersto postthe relevant inspector's name and contact information. 3.Conduct an Audit ofIndustrial Injury Statistics Audit as Compared with Doctor Interviews As discussed above,it is commonly understood thatIndia dramatically under reports the number ofindustrial injuries thattake place within the country every year. However,there appears to be no solid statistical proofthat this is true. Instead,international organizationstend to simply estimate the number ofinjuries in India using similarly situated country's injury statistics that are more reliable. To help Indian citizens and the world to more fully understand the extent of debilitating injuries occurring daily,SLD could initiate an extensive reportin which 12s See Appendix A.6. Page 136
  41. 41. Assembly Line ofBroken Fingers it randomly selects and survey's hundreds of doctors throughoutIndia(to make it more representative ofIndia as a whole and statistically useful). The survey would include asking for estimations ofthe amount ofindustrialindustries they treat every month. This estimation could be averaged and then extrapolated by multiplying it by 12(months)and the total number ofdoctors in India. Due to the extensiveness ofthis project,SLD should seek to partner with other worker organizations, unions,and universities such as JNU. Ultimately,it is hoped that such proofwould be a valuable toolto help convince the United Nations Special Repertoire to come investigate the"Assembly Line ofBroken Fingers." 4. Provide Worker Peer to Peer Health,Safety and Technical Training in the Sector The lack oftechnical training by employersleads to preventable industrial accidents. For example,in Supriya Sharma's Scroll article she relates the following disturbingly common experience: Arvind Kumar is all of19.He lost his left thumb this month while operating a power press at a company called Antech Engineers Private Limited,which makes clutches and stands for scooters and motorcycles... Arvind Kumarjoined the company at the start of November but was not given any training before he was made to operate the machine."They said I didn't need it because I had worked on the power press ofanother company for 6 months," he said."Butthe machine in the previous company was operated with a handle while the machine at Antech had a pedal."12~ Six months oftraining on a machine without safety equipmentthat is responsible for thousands ofcrush injuries a year in India alone is clearly insufficient! To help alleviate this problem,SLD could help establish a mentoring program that teams experienced workers in their field with inexperienced ones. SLD could also ask experienced or even retired workers to share their acquired knowledge on how to use common high injury machines such as the power presses responsible for severing the RDC worker's fingers. Lastly,the Anonymous ESIC ER doctor noted that he will conduct several health and safety trainings per year as a requirement ofhis public employment. Likewise,SLD could actively seek out and organize private doctors to volunteer to do the same. 12~ Id. Page 137
  42. 42. Assembly Line ofBroken Fingers Conclusion Although India has adequate laws regarding occupational safety,they are not effectively implemented.Through our field research, we saw first-hand the effects of the poor implementation ofIndia laws. Namely,workers are constantly at risk of injury due to operation ofunsafe machines,lack ofproper training,and inadequate safety gear.At the core ofthe problem is companies'choice to maximize output at the expense ofworker safety.In addition,companies often do not have the capital to make the necessary changes to comply with international and domesticlaw.As a result,the Indian government will allow factories to continue operations without correcting legal violations.In order tof~ these problems,there will need to be action from both employers and the Indian government.SLD,for its part,can facilitate the progressive realization ofworker safety by implementing the recommendationsin this report. Page 138
  43. 43. Assembly Line ofBroken Fingers Interview Transcri isp 1. Anonymous,ER Doctor,ESIC hospitalin Manesar 2. Rohit Berri,Assistant Director ofIndustrial Health and Safety("Inspector"), Ministry ofLabor and Employment 3. Rajesh and RajKumar,Injured Auto Factory Workers,RDC Imports (accompanied by copies ofRajKumar's ESI registration details and Form 16) 4. Santosh Gupta,Injured Aluminum Factory Worker,Kiran Udhyog 5. Vishweshwar Rai,Injured Plastic Factory Worker,Unknown(accompanied by copies ofhis private hospital medical records,ESI registration details,and Form 12) 6. Supriya Sharma,Scroll article, Your car has been built on an assembly line of brokenfingers
  44. 44. Occupational HazardsInterviews 1 s Position:ER Doctor Employer:ESI Hospitalin Manesar Gender:Male Contact:N/A Interviewers/format:Craig,Keivan,and Tapan(face-to-face) Summarized by:Craig Time location:Main ESI Hospitalin Manesar(Jan.4th;limited to 1/2 hour) Recording File: N/A 1. For whattypes ofworkplace injuries do migrant workers usually seek treatment at your hospital? Usually the accidents are work related and involve crush injuries,eye injuries, heat burns,chemical burns,etc. a. Can you describe how these injuries typically occur? Usually the crush injuries are made by machine presses. b. In your educated opinion,in whattype ofindustries do you see the mostinjuries? Most injuries come from smallfactories. Bigger factories such as Honda and Maruti have better safety and less industrial accidents. c. Are mostinjuries minor or severe? Curable or incurable? Question not asked due to time constraints. d. What are the usualcauses ofworker injuries? Machines? Chemicals? Falling? See Question la. e. Can you describe some ofthe most severe industrialinjuries you have encountered as a doctor? The most severe injuries are those involving the spine and pelvis. Usually these injuries are fatal before they reach him at the hospital. The doctor sees around 2-3 ofthese types ofinjuries per year. f. What are the major contributors to workers injuries(forced overtime/sleepiness, un-maintained machines,lack ofsafety equipment,worker negligence,etc.)? The doctor blamed both unsafe working conditions and the worker's negligence.He wasfrustrated with workers who refuse to Interviety:Anonymous ESIC ER Doctor Page 1
  45. 45. Occupational Hazards Interviews wear safety equipment in circumstances where it is offered by the company. In your opinion,does ESI properly function for the worker? Are there any limitations on care for those using ESI as compared to those with private health insurance or paying out-of-pocket? The Doctor believed that ESI was working very well. He claims that 90% ofworkers in the Auto Industry have ESI and that the number is growing.Those without ESI are not allowed to be treated at ESIC hospitals unless it is an emergency(like USA cannot turn away patients in these circumstances). He claimed that in many instances"ESI is God to them [the workers]" because there is no way that they could otherwise afford the high cost of medical care. 3. When a patient identifies the workplace as the location ofthe injury,are you required to report this to any agency? How is this done? Ifthere is a form,may I see it? Ifyou notice many injuries occurring at a particular workplace,is there any mechanism to report this to authorities(e.g.inspectors)? According to our best understanding,the doctor explained that ifa person comes in with an injury then the police will be called. We were unable to clarify the exact reason for the call to the police. Explanations between the interviewers ranged from the police being called to verify the patient was not involved in crime to only being called ifthe patient invoked criminality as the cause ofthe accident(e.g. employer assault as opposed to an industrial accident). The doctor also mentioned that ESIC requires FORM 16 describing the cause ofthe accident to be filled out. However,since many ofthose injured are illiterate, often times the supervisor who brought the worker to the hospital will fill the form out for them. When pressed as to whatfollow up there was after the completion of the form,the doctor waived his hand and said that he did not know.It was then out ofhis hands. 4. According to national statistics(see chart on inspector interview sheet),there were only 668fatal industrial injuries and 5,983 non-fatal injuries in India in 2009.Do you believe these statistics accurately reflect reality? In your estimation, whatis the actual number? Why are the statistics inaccurate? The doctor never outright asserted the statistics were inaccurate and appeared not to ~ '' ' want to commenton government statistics. ' "' Would he would say,however,is that he ~ ~ ~ personally saw approximately 20 patients per week.Outofthe 20 patients, approximately 5-10 Interview:Anonymous ESIC ER Doctor Page 2

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