Lok Sabha Question No. 2602 (UNSTARRED), answered on 2016-03-14
Subject: Rights of Mining Workers
Ministry: LABOUR AND EMPLOYMENT
Asked by: P. KUMAR

## MINISTRY OF LABOUR AND EMPLOYMENT

## GOVERNMENT OF INDIA LOK SABHA

## UNSTARRED QUESTION NO. 2602

## TO BE ANSWERED ON 14.03.2016

## RIGHTS OF MINING WORKERS

2602. SHRI P. KUMAR:

Will the Minister of LABOUR AND EMPLOYMENT be pleased to state:

- (a)whether the Ministry has formulated any policies to protect rights of the mining workers and if so, the details thereof;
- (b)the details of legal rights of the aggrieved mining workers which they can use in the case of any eventualities while engaged in mining;
- (c)the  details  of  health  hazards  posed  to  marble  mining  workers  in  the country, and the action taken by the Government to provide safety nets to the marble mining workers; and
- (d)the  details  of  action  taken  by  the  Government  against  the  erring  mining companies for not protecting rights of the mining workers?

## ANSWER

## MINISTER OF STATE (IC) FOR LABOUR AND EMPLOYMENT (SHRI BANDARU DATTATREYA)

- (a) & (b): Mining  is  considered  as  hazardous  work.  To  protect  the  safety and health of workers working in mines, Government of India had enacted the Mines  Act,  1952  and  rules  and  regulations  made  there-under.  Adequate provisions  for  safety  and  health  of  persons  employed  in  mines  are  made  in the,  Mines  Act,  1952;  Mines  Rules,  1955;  Coal  Mines  Regulations,  1957; Metalliferous Mines Regulations, 1961 and Oil Mines Regulations, 1984. The Mine management is required to comply with such provisions in their mines to ensure  safety  and  health  of  their  workers.  Mining  workers,  in  case  of eventualities,  can  use  all  these  rules  and  regulations  to  redress  their grievances. DGMS, on its part, makes every effort to ensure strict compliance of such provisions by mine management.
- (c): Occupational diseases generally reduce longevity of human being. Under Section 25 of the Mines Act, 1952 read with recommendations of 10th Conference on Safety in Mines, the following diseases have been notified as diseases due to mining:

Contd..2/-

- 1.
- Silicosis
2. Pneumoconiosis
3. Manganese Poisoning - Nervous type
- 4.
- Asbestosis
5. Cancer  of  lung  or  the  stomach  or  the  pleura  and  peritoneum  (i.e. mesothelioma)
- 6.
- 7.
- 8.
- Noise Induced Hearing Loss
- Contact Dermatitis caused by direct contact with chemical
- Pathological manifestations due to radium or radioactive substances

Adequate  provisions  for  safety  and  health  of  persons  employed  in  marble mines  are  made  in  the  Mines  Act,  1952;  Mines  Rules,  1955;  Metalliferous Mines Regulations, 1961. Among  these notified diseases, Silicosis is generally  more  prone  to  workers  working  in  marble  mines.  Silicosis,  by nature an air-borne dust disease, can affect the marble miners due to their nature of job.  To address it, adequate provisions regarding precautions to be taken  to  control  the  air-borne  dust  in  marble  mines  including  wet  drilling, dust  monitoring,  provisions  of  dust  mask,  dust  respirator,  personal  dust samplers, dust sampling have been made  in the Metalliferous Mines Regulations.

The  mine  management,  under  the  provisions  of  the  Mines  Act,  1952  is required  to  report  to  DGMS  the  cases  of  occupational  diseases  at  their respective mines in a specific pro-forma. The Mine management is required to  comply  with  such  provisions  in  their  mines. The  compliances  of  such provisions are checked during the course of inspections and enquiries made by  officers  of  DGMS  and  suitable  measures  such  as  notices,  prohibitory orders are issued to ensure the compliance.

- (d): DGMS  makes  every  effort  to  ensure  strict  compliance  of  such provisions of the Mines Act, 1952 and rules and regulations made there under by the mine management. To see that the mine management carries out the mining operations in accordance with the legal provisions to ensure safety of mining  workers,  officers  of  DGMS  make  periodic  inspections  of  all  types  of mines,  irrespective  of  ownership  types  of  the  mines.  During  inspection  of mines,  if  the  workings  or  the  environment  are  found  to  be  unsafe  and dangerous  from  the  point  of  view  of  safety  of  workers;  violation  letters, notices  or  prohibitory  orders  are  immediately  issued  to  the  management  to take necessary steps for improvement. Unless the conditions improve for redeployment of  persons  as  recorded  through  inspections,  the  orders  are  not vacated  and  persons  are  not  allowed  to  be  deployed  in  such  dangerous conditions. DGMS after proper enquiry also launches prosecutions against the mines which violate the rules and regulations of Mines Act, 1952. The number of inspection/enquiries made during last three years and current year in India is given below:

| Number of Inspections and Enquiries made by DGMS during 2013-2016*   | Number of Inspections and Enquiries made by DGMS during 2013-2016*   | Number of Inspections and Enquiries made by DGMS during 2013-2016*   | Number of Inspections and Enquiries made by DGMS during 2013-2016*   | Number of Inspections and Enquiries made by DGMS during 2013-2016*   | Number of Inspections and Enquiries made by DGMS during 2013-2016*   | Number of Inspections and Enquiries made by DGMS during 2013-2016*   | Number of Inspections and Enquiries made by DGMS during 2013-2016*   | Number of Inspections and Enquiries made by DGMS during 2013-2016*   |
|----------------------------------------------------------------------|----------------------------------------------------------------------|----------------------------------------------------------------------|----------------------------------------------------------------------|----------------------------------------------------------------------|----------------------------------------------------------------------|----------------------------------------------------------------------|----------------------------------------------------------------------|----------------------------------------------------------------------|
| Year                                                                 | Inspections                                                          | Inspections                                                          | Inspections                                                          | Inspections                                                          | Enquiries                                                            | Enquiries                                                            | Enquiries                                                            | Enquiries                                                            |
|                                                                      | Coal                                                                 | Metal                                                                | Oil                                                                  | Total                                                                | Coal                                                                 | Metal                                                                | Oil                                                                  | Total                                                                |
| 2013                                                                 | 4038                                                                 | 3898                                                                 | 329                                                                  | 8265                                                                 | 890                                                                  | 449                                                                  | 60                                                                   | 1399                                                                 |
| 2014                                                                 | 4664                                                                 | 4694                                                                 | 588                                                                  | 9946                                                                 | 1035                                                                 | 540                                                                  | 111                                                                  | 1686                                                                 |
| 2015                                                                 | 6047                                                                 | 5889                                                                 | 786                                                                  | 12722                                                                | 1280                                                                 | 653                                                                  | 36                                                                   | 1969                                                                 |
| 2016*                                                                | 464                                                                  | 455                                                                  | 63                                                                   | 982                                                                  | 90                                                                   | 66                                                                   | 8                                                                    | 164                                                                  |

The  number  of  improvement  notices  &  prohibitory  orders  issued  by  DGMS during last three years and current year is given below:-

| Number of Improvement Notices and Prohibitory Orders issued by DGMS during 2013-2016*   | Number of Improvement Notices and Prohibitory Orders issued by DGMS during 2013-2016*   | Number of Improvement Notices and Prohibitory Orders issued by DGMS during 2013-2016*   | Number of Improvement Notices and Prohibitory Orders issued by DGMS during 2013-2016*   | Number of Improvement Notices and Prohibitory Orders issued by DGMS during 2013-2016*   |
|-----------------------------------------------------------------------------------------|-----------------------------------------------------------------------------------------|-----------------------------------------------------------------------------------------|-----------------------------------------------------------------------------------------|-----------------------------------------------------------------------------------------|
|                                                                                         | Coal Mines                                                                              | Coal Mines                                                                              | Non-Coal Mines                                                                          | Non-Coal Mines                                                                          |
| Year                                                                                    | Notices Issued                                                                          | Orders Issued                                                                           | Notices Issued                                                                          | Orders Issued                                                                           |
| 2013                                                                                    | 108                                                                                     | 42                                                                                      | 224                                                                                     | 473                                                                                     |
| 2014                                                                                    | 127                                                                                     | 46                                                                                      | 449                                                                                     | 670                                                                                     |
| 2015                                                                                    | 106                                                                                     | 42                                                                                      | 88                                                                                      | 113                                                                                     |
| 2016*                                                                                   | 8                                                                                       | 1                                                                                       | 15                                                                                      | 13                                                                                      |

The number of prosecution launched by DGMS against the public and private sector companies during last three years and current year is given below:

| Number of prosecutions launched by DGMS during 2013-2016*   | Number of prosecutions launched by DGMS during 2013-2016*   | Number of prosecutions launched by DGMS during 2013-2016*   | Number of prosecutions launched by DGMS during 2013-2016*   |
|-------------------------------------------------------------|-------------------------------------------------------------|-------------------------------------------------------------|-------------------------------------------------------------|
| Year                                                        | Public Sector                                               | Private Sector                                              | Total                                                       |
| 2013                                                        | 14                                                          | 82                                                          | 96                                                          |
| 2014                                                        | 13                                                          | 20                                                          | 33                                                          |
| 2015                                                        | 10                                                          | 16                                                          | 26                                                          |
| 2016*                                                       | 0                                                           | 0                                                           | 0                                                           |

******