Letter to Environment Minister on epidemic of asbestos diseases

[toxicswatch]

To

Mr Jairam Ramesh
Union Minister for Environment & Forests
Government of India
New Delhi

Subject: Seeking urgent intervention to stop the epidemic of asbestos
diseases

Sir,

With reference to our discussion on 12th June, 2009 in your office,
wherein I had raised the issue of rising asbestos consumption in our
country among other things, I wish to seek to draw your urgent
intervention in the matter of a serious unprecedented environmental
and occupational health crisis with regard to unnoticed asbestos
epidemic in our country. It is high time you took note of asbestos
exposures of workers and consumers and give directions for swift
remedial measures.

This exposure of asbestos of all kinds including chrysotile asbestos
defies regulatory control efforts in any country. Please take steps to
prevent preventable but incurable asbestos diseases like ling cancer,
asbestosis and mesothelioma.

Notably, In the US, Dow Chemicals Company which refuses to own the
manifest liability for Bhopal Gas leak disaster has set aside $2.2
billion to address future asbestos-related liabilities arising out of
the Union Carbide acquisition, no Indian industry has done so till
date.

I wish to draw your attention towards the recent statement from the
Surgeon General of US, Steven K. Galson about National Asbestos Week.
He said, "In recognition of ‘National Asbestos Awareness Week,’ I urge
every American to become aware of the public health issues of asbestos
exposure and the steps they can take to protect their health. In
recent decades, because of concern about asbestos’ health effects,
production and use has declined substantially. Most individuals
exposed to asbestos, whether in a home, in the workplace, or out-of-
doors will not develop disease- but there is no level of asbestos
exposure that is known to be safe and minimizing your exposure will
minimize your risk of developing asbestos-related disease."

Also I wish to bring to your notice the editorial titled Asbestos
mortality: a Canadian export (October 21, 2008), Canadian Medical
Association Journal which notes, "Canada is the only Western democracy
to have consistently opposed international efforts to regulate the
global trade in asbestos. And the government of Canada has done so
with shameful political manipulation of science." Such proven acts of
manipulation of science is underway in India as well. Russian
government's role in protecting its asbestos industry is equally
alarming. Russia is the largest supplier and Canada is the second
largest supplier of chrysotile asbestos to India.

Despite the asbestos disease epidemic in US, Europe, Australia, Japan,
South Africa and elsewhere, a recent document titled "Human Health
Risk Assessment Studies in Asbestos Based Industries in India" by
Central Pollution Control Board (CPCB), Union Ministry of Environment
Forests has failed to recommend ban on asbestos. The study reiterates
the Supreme Court’s order by asking Medical examination record should
be maintained and stored for a period of 10 years following the
termination of employment, or for 40 years after first day of
employment, whichever is later. In order to comply with the
recommendations contained in IS:11451-1986 (i.e. Bureau of Indian
Standards Recommendations for Safety and Health Requirements Relating
to Occupational Exposure to Asbestos), employer should stop existing
practice of employment of temporary, contract workers or daily wage
workers. Such recommendations have not been complied in a contemptuous
manner. The study was undertaken by the Industrial Toxicology Research
Centre, Lucknow for the CPCB. The foreword by Chairman, CPCB reveals
the alarming fact that the indigenous asbestos is mostly used by the
unorganized sector. Clearly, ban on asbestos mining has not been
implemented in totality.

The asbestos exporting countries in liaison with the Indian asbestos
industry in collusion with government has unleashed a misinformation
campaign about the mythical safe and controlled use of asbestos
products, unmindful of the fact that so far some 50 countries have
banned all forms of asbestos, and are already using alternative
materials.

Almost every international health agency of repute including the World
Health Organization, the International Labor Organization,
International Agency for Research on Cancer, Occupational Safety and
Health Administration, National Institute for Occupational Safety and
Health, and the American Cancer Society agree there is no safe level
of asbestos exposure. Most recently, the International Agency for
Research on Cancer (IARC) reconfirmed that all commercial asbestos
fibers - including chrysotile, the most commercially used form of
asbestos - cause lung cancer and mesothelioma. In addition, the IARC
newly confirmed that there is sufficient evidence that asbestos causes
ovarian cancer and reconfirmed asbestos causes laryngeal cancer.

I wish to inform you that in the light of asbestos disease epidemic
world over due to ongoing asbestos exposure, environmental, labour and
human rights organisations have repeatedly called upon the government
to ban on all forms of asbestos including Chrysotile asbestos.

I am requesting you to persuade the Government to give up its
consistent and continued pro-asbestos industry bias and lack of
concern for the asbestos-injured who die one of the most painful
deaths imaginable.Documents unearthed under the Right to Information
Act reveal how industry added Rs. 16 lakh to the government’s Rs. 44
lakh to commission a study by the National Institute of Occupational
Health (NIOH) to “specifically indicate how technology has made
working conditions [in asbestos factories] better.”

As per data released by the U.N. Statistics Division, India imported
about 306,000 tonnes of asbestos in 2006. Of which, 152,820 tonnes was
imported from Russia and 63,980 tonnes from Canada.

The rising consumption of asbestos is a result of a made-to-order
science that has been exposed by the documents that show how the Union
Ministry of Chemicals, acting in collusion with the asbestos industry,
is manufacturing science to back its pre-determined position to fight
global regulation on the killer fibre by reiterating that ‘controlled
and safe use’ of white asbestos is acceptable both to the white
asbestos industry and the Indian government.

Both Ministry of Environment and Labour admitted this incestuous
relationship in the parliament.Union Ministry of State for Environment
and Forests during question hour on 21st March, 2008 that “out of a
total of Rs 59.66 lakh allocated for the study by Ministry of
Chemicals and Fertilisers, the Asbestos Cement Products Manufactures
Association has contributed Rs 16 lakh” and Union Minister of State
for Labour and Employment made a similar statement on March 17, 2008
and justified this conflict of interest by saying it was to “ensure
cooperation of the industry”! Indian Express had reported it as "Our
study on health & asbestos also funded by Asbestos Inc: Govt". The
embarrassment of the government is increasing with each passing day.
Dr. Barry Castleman, a renowned expert on asbestos who was in India in
December 2007, commented: “Anyone who says there’s a controlled use of
asbestos in the Third World is either a liar or a fool.”

During the course of our discussions, I had reffered to the unsound
position on chrysotile asbestos taken by of our delegation at the last
meeting of Rotterdam Convention on the Prior Informed Consent
Procedure for Certain Hazardous Chemicals and Pesticides in
International Trade in October 2008. In fact, our government's
position on asbestos in general is untenable and is making it a
laughing stock among the comity of nations. It is high time this is
rectfied in right earnest.

Therefore, I

1.Request you to ensure that our country becomes free of Chrysotile
asbestos and its other forms
2.Urge you to put an end to the use of the of all kinds of asbestos
products that is being used and encountered daily,
3.Ensure medical check of workers who handle asbestos products and
work towards a just transition of workers with compensation to the
affected workers
4.Prepare a Register of asbestos handlers and victims and award a
compensation of at least Rs 10 lakh for the asbestos victims
5. Appeal to you to identify public buildings such as in railways,
environment ministry buildings, and in defence forces, courts,
schools, legislatures and decontaminate them of asbestos
6. Support the inclusion of chrysotile asbestos in the list of of
Rotterdam Convention on the Prior Informed Consent Procedure for
Certain Hazardous Chemicals and Pesticides in International Trade with
immediate effect.
7. Redraft the National Green Tribunal (NGT) Bill, 2009 to provide
legal remedy to enviro-occupational diseases whose latency period
range from 10 to 50 years (e.g. incurable illnesses from asbestos) to
expand the period and scope of accountability of companies to make
their offences cognizable

I would be glad to share more details on the subject matter.

Yours faithfully

[John Flanagan Dial-Up]

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Best wishes

Merseyside Asbestos Vicitm Support Group