Dealing With Sick Workers, On Work - CiteHR
Umakanthan53
Labour Law & Hr Consultant
Boss2966
Industrial Relations

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Dear Sirs
I have at least 4 workers in my factory who have been operated for Cancer and are not fully cured.
To avoid risk at work ,what should be my action. Workers are covered under BIR.
Regards
Suresh
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Dear Suresh,
Hope you will certainly agree with me that courtesy of the questioner and convenience of the resource person always demand avoidence of the use of uncommon abbreviations in a question really intending an answer. I don't know what you mean by "BIR". Cancer is very much dreaded not simply because it is a killer disease but because of the agonizing side-effects suffered by the patient during the course of treatment and sometimes afterwards.So, rehabilitation of a cancer patient is not only the responsibility of his family but also that of the society too.Sending them out on medical grounds may be a prudent choice for the management but it is the most cruel decision from the humanitarian point of view.So, better allot them very light works compatible with their frailty.If management willing, suggest a voluntary separartion scheme enabling them a hefty compensation.
Dear Suresh

Whenever any query is raised by our members, we request them to give complete details which will enable our members to give suitable reply.

Please give the reply for the below questions.

1. What is the industry in which you and your Cancer Victims are serving.

2. Is this cancer caused due to some work environment or due to occupational disease.

3. What is the size of your organisation.

4. Did you not conduct medical check up for the employees before engaging them into work and periodical check up.

5. If you do so, and why it was not detected about the Cancer before appointing them for work.

6. If they were heal and healthy at the time of appointment and after joining the service with you, they got infected with Cancer, then it may be due to some chemical effect and it is a part of occupational disease.

7. What are the precautionary measures you have taken to safeguard other employees from this Killer disease.

8. What is "BIR", which you mentioned in your post and the is asked by Mr. Uma Kanthan.

Please give reply to the above questions, so that our members can give you the exact solutions to the query raised by you.
Sir,

I do not intend to take any action on the workers, but only wanted to know if there is any action from any Govt. office under Bombay Industrial Act. Many times ,you try help a worker & then Dept. finds fault & punish you, so was the question. I am sorry ,I could not explain well. Answers to questios are below.

Regards

Suresh

1. What is the industry in which you and your Cancer Victims are serving. Sheet stamping

2. Is this cancer caused due to some work environment or due to occupational disease. No

3. What is the size of your organisation. 250 workers

4. Did you not conduct medical check up for the employees before engaging them into work and periodical check up. They were certified Healthy about 15 years back.

5. If you do so, and why it was not detected about the Cancer before appointing them for work. Not Applicable.

6. If they were heal and healthy at the time of appointment and after joining the service with you, they got infected with Cancer, then it may be due to some chemical effect and it is a part of occupational disease.No ,ours is a chemical free industry.

7. What are the precautionary measures you have taken to safeguard other employees from this Killer disease. There is a Doctor who checks them once in a month & we also conduct Eye test\'

8. What is \"BIR\", which you mentioned in your post and the is asked by Mr. Uma Kanthan. BOMBAY INDUSTRIAL ACT


Dear Suresh

As the nature of work carried out in your organisation is Sheet Stamping, It may be coming under the Factories Act.

As per factories act, you must conduct medical examination once in two years for those below 40 years and every year for above 40 years. Hope you are doing so. If not please rectify and instruct your visiting doctor to conduct the medical examination for all the workers and start maintaining the records.

If all the four employees suffering from Cancer is working for longer time, the cancer may be caused due to the raw materials being used in Sheet Stamping. The ink which is used for stamping over the sheets normally contains Zinc and which may be the cancer causing agent. Please check it and give them the Voluntary retirement Scheme option with some benefits.

You can give them the benefit of PF and if they are above 50 years of age, you can instruct them to opt for reduced Pension under EPS Scheme.

Further you can give them the Gratuity, PF, Notice Pay and other benefits of Voluntary Retirement Scheme alongwith the Reduced Pension under EPS Scheme.
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