Supporting Workers Recovering from Cancer: How Can I Ensure Their Safety at Work?

I have at least four workers in my factory who have undergone cancer operations but have not fully recovered. To avoid risks at work, what actions should I take? These workers are covered under BIR.

Regards,
Suresh

I hope you will certainly agree with me that courtesy of the questioner and the convenience of the resource person always demand the avoidance of the use of uncommon abbreviations in a question that truly intends 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 also because of the agonizing side-effects suffered by the patient during the course of treatment and sometimes afterwards. Therefore, the rehabilitation of a cancer patient is not only the responsibility of their family, but also that of society. Sending them out on medical grounds may be a prudent choice for the management, but it is the most cruel decision from a humanitarian point of view. Therefore, it would be better to assign them very light work compatible with their frailty. If the management is willing, I suggest a voluntary separation scheme that enables them to receive a hefty compensation.

Thank you.

Whenever any query is raised by our members, we request them to provide complete details, which will enable our members to give a suitable reply. Please answer the following questions:

1. What is the industry in which you and your cancer-affected employees are working?

2. Is this cancer caused by the work environment or due to an occupational disease?

3. What is the size of your organization?

4. Did you conduct medical check-ups for the employees before engaging them in work and periodic check-ups?

5. If you did, why was the cancer not detected before appointing them for work?

6. If they were hale and healthy at the time of appointment and after joining your service, they got infected with cancer, it may be due to some chemical effect and part of an occupational disease.

7. What precautionary measures have you taken to safeguard other employees from this disease?

8. What is "BIR," which you mentioned in your post that was asked by Mr. Uma Kanthan?

Please provide answers to the above questions so that our members can offer you the exact solutions to the queries raised by you.

Regards

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

Regards,

Suresh

Industry Information

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 an occupational disease? No.

3. What is the size of your organization? 250 workers.

Health and Safety Measures

4. Did you not conduct medical check-ups for the employees before engaging them in work and periodic check-ups? They were certified as healthy about 15 years back.

5. If you did so, then why was the cancer not detected before appointing them for work? Not Applicable.

6. If they were 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 an occupational disease. No, ours is a chemical-free industry.

7. What precautionary measures have you taken to safeguard other employees from this killer disease? There is a doctor who checks them once a month, and we also conduct eye tests.

Clarification on BIR

8. What is "BIR," which you mentioned in your post and was asked by Mr. Uma Kanthan? Bombay Industrial Act.

Dear Suresh, As the nature of work carried out in your organization is sheet stamping, it may come under the Factories Act. According to the Factories Act, you must conduct a medical examination once every two years for those below 40 years old and annually for those above 40 years. I hope you are doing so. If not, please rectify the situation and instruct your visiting doctor to conduct medical examinations for all the workers and start maintaining the records.

If all four employees suffering from cancer have been working for a long time, the cancer may be caused by the raw materials used in sheet stamping. The ink used for stamping on the sheets typically contains Zinc, which may be a cancer-causing agent. Please investigate this issue and offer them the option of the Voluntary Retirement Scheme with some benefits.

You can provide them with the benefit of PF. For those above 50 years of age, you can advise them to opt for reduced pension under the EPS Scheme.

Furthermore, you can offer them gratuity, PF, notice pay, and other benefits of the Voluntary Retirement Scheme, along with the reduced pension under the EPS Scheme.