56 Occupational Diseases
This chapter takes up occupational diseases — illnesses that arise out of and in the course of employment. Unlike accidents (sudden), occupational diseases typically develop gradually through exposure to workplace hazards. They are statutorily recognised, notifiable, and trigger compensation under the Employees’ Compensation Act.
56.1 What is an Occupational Disease?
The ILO defines an occupational disease as “any disease contracted as a result of an exposure to risk factors arising from work activity.” Two key elements: a causal link with the workplace exposure, and a recognition in statutory or scientific lists.
| Type | Definition | Example |
|---|---|---|
| Occupational disease | Caused entirely by work exposure | Silicosis from quartz dust |
| Work-related disease | Multifactorial; work is one significant factor | Hypertension among shift workers |
| General disease | No specific work cause | Common cold |
56.2 Classification of Occupational Diseases
Diseases group by the agent of exposure.
| Agent | Diseases | Affected sectors |
|---|---|---|
| Mineral dusts | Silicosis, asbestosis, coal-workers’ pneumoconiosis (CWP), byssinosis | Mining, quarrying, construction, ship-breaking, textile |
| Metals | Lead poisoning, mercury poisoning, manganese poisoning, chrome ulcers, beryllium disease | Battery, paint, electroplating, alloys |
| Chemicals | Solvent toxicity, benzene leukaemia, pesticide poisoning, dermatitis | Chemical, agriculture, paint |
| Physical agents | Heat stroke, hypothermia, hearing loss, vibration white finger, radiation injury | Steel, glass, mining, foundries |
| Biological | Anthrax, brucellosis, tuberculosis, hepatitis, COVID-19 | Healthcare, agriculture, sewage, tannery |
56.3 Notable Occupational Diseases — Detail
56.3.1 Silicosis
Silicosis is fibrosis of the lungs caused by inhalation of crystalline silica dust. It is irreversible, often fatal, and one of India’s most prevalent occupational diseases. Sectors: stone-cutting, quarrying, glass, foundry, ceramics, sandblasting.
Three stages: simple (small nodules), complicated (progressive massive fibrosis), acute (rapid onset with high silica exposure).
56.3.2 Asbestosis
Asbestos fibres lodge in lung tissue, causing fibrosis. Linked also to mesothelioma (a cancer of the pleura) and lung cancer. Asbestos has been banned or restricted in many countries; India still uses it in cement-roofing and insulation.
56.3.3 Pneumoconiosis
Generic term for lung disease caused by inhalation of dust. Coal-workers’ pneumoconiosis (CWP) — black lung — is the coal-mining variant. Chronic and disabling.
56.3.4 Byssinosis
Lung disease from cotton dust — characteristic Monday symptoms in mill workers. The Indian textile industry has been a major site.
56.3.5 Lead Poisoning
Chronic lead exposure damages the nervous system, kidneys and blood. Sources: battery manufacturing, paint, soldering, recycling.
56.3.6 Hearing Loss
Noise-induced hearing loss (NIHL) develops with prolonged exposure above 85 decibels. Sectors: foundries, weaving, mining, construction. Permanent and preventable through engineering controls and PPE.
56.3.7 Repetitive Strain Injury (RSI)
Includes carpal tunnel syndrome, tendinitis, tenosynovitis. Common in IT, BPO, electronic assembly, packaging.
56.4 Statutory Recognition — Schedules
Indian labour statutes list notifiable occupational diseases.
| Statute | Schedule | Number of diseases listed |
|---|---|---|
| Factories Act, 1948 | Schedule III | ~30 diseases |
| Mines Act, 1952 | Third Schedule | ~30 |
| Employees’ Compensation Act, 1923 | Part A — diseases peculiar to specific occupations; Part B — diseases caused by general industrial processes; Part C — diseases listed by appropriate government | Around 50 |
| ESI Act, 1948 | Third Schedule | Aligned with EC Act |
| OSH Code, 2020 | Consolidated lists | Updated and broader |
The most-tested examples include silicosis, asbestosis, anthrax, lead poisoning, manganese poisoning, mercury poisoning, byssinosis, and noise-induced hearing loss.
56.5 Notification of Occupational Diseases — Section 89 of the Factories Act
The medical practitioner attending a worker suffering from a notifiable occupational disease must notify the Chief Inspector of Factories. The factory occupier is also required to notify when such a disease is diagnosed in any worker.
Failure to notify is an offence under the Act. The OSH Code retains the regime.
56.6 Compensation for Occupational Diseases
The Employees’ Compensation Act, 1923 (now under the Code on Social Security, 2020) provides compensation for occupational diseases. Three conditions must be met:
| Condition | Requirement |
|---|---|
| Listed disease | Disease in Part A, B or C of the EC Act schedule |
| Listed employment | Worker employed in a specified employment for the prescribed period |
| Causal link | Disease arose out of and in the course of that employment |
Compensation amount is calculated by formula based on monthly wages, age, and degree of disablement (similar to compensation for accident — chapter 58).
For silicosis specifically, several states have introduced enhanced rehabilitation and compensation schemes, prompted by sustained public-interest litigation in the Supreme Court.
56.7 ESIC Coverage
For workers covered under the Employees’ State Insurance Act, 1948, occupational diseases are treated as employment injuries — entitling the worker to medical benefit, disablement benefit, and dependants’ benefit (chapter 58).
56.8 Prevention of Occupational Diseases
| Strategy | Examples |
|---|---|
| Substitution | Replace asbestos with non-asbestos roofing |
| Engineering controls | Local exhaust ventilation, wet drilling, enclosure |
| Process design | Closed systems, automation |
| Administrative controls | Limit exposure time, job rotation, training |
| PPE | Respirators, gloves, masks |
| Health surveillance | Pre-employment, periodic, exit medical exams |
| Hygiene | Pit-head baths, washing facilities, contamination protocols |
| Health education | Worker awareness of disease symptoms |
Pre-employment and periodic medical examinations are statutorily mandatory in hazardous-process factories under §41C of the Factories Act.
56.9 Indian Initiatives on Silicosis and Other ODs
Several Indian states — Rajasthan, Madhya Pradesh, Gujarat — have introduced silicosis policies providing for compensation, rehabilitation and medical care of affected workers and their families. The Supreme Court in People’s Rights and Social Research Centre v. Union of India (2016) directed states to formulate silicosis policies and provide ex-gratia compensation.
56.10 Practice Questions
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| Disease | Sector | ||
|---|---|---|---|
| (i) | Byssinosis | (a) | Coal mining |
| (ii) | CWP | (b) | Battery manufacture |
| (iii) | Lead poisoning | (c) | Cotton textile |
| (iv) | Asbestosis | (d) | Asbestos handling |
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- Occupational disease = caused by exposure to risk factors arising from work activity.
- Three types of work-related health conditions: occupational, work-related, general.
- Five hazard families: mineral dusts, metals, chemicals, physical agents, biological.
- Key diseases: silicosis, asbestosis, pneumoconiosis (CWP), byssinosis, lead poisoning, NIHL, RSI, heat stroke.
- Notified under: Factories Act Schedule III; Mines Act Third Schedule; EC Act Parts A, B, C.
- §89 Factories Act — medical practitioner and occupier must notify.
- Compensation under Employees’ Compensation Act, 1923 + ESIC for covered workers.
- Prevention hierarchy — substitution, engineering, administrative, PPE; §41C hazardous processes mandate periodic medical exams.
- People’s Rights and Social Research Centre v. UoI (2016) — Supreme Court directions on silicosis.