Temporaray Disblement Law

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CHAPTER IVA

TEMPORARY DISABLEMENT LAW

(OCCUPATIONAL DISEASES)

CONTENTS

Subject Paras No.

Definition of occupational disease (OD) L.4A.1

Law on the subject L.4A.2 to L.4A.8

Relaxation of service condition L.4A.9 to L.4A.10

Automatic additions to The Third Schedule L.4A.11

Occupational disease is not injury caused L.4A.12

by accident

Compensation for disease other than L.4A.13

occupational disease

Other provisions L.4A.14


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CHAPTER IVA

TEMPORARY DISABLEMENT BENEFIT LAW


Definition of occupational disease (OD)

L.4A.1 Section 2(8) of the Act defines the term Employment Injury. This definition has beenreproduced verbatimin para L.4.1 of the previous Chapter. In terms of occupational diseases, it would read

as under: -

Employment injury means a personal injury to an employee caused by an occupational

disease arising out of and in the course of employment, being an insurable employment,

whether the occupational disease is contracted within or outside the territorial limits of

India.

The term occupational disease has not been defined but a perusal of sub-section (1) of Section 52A read

with The Third Schedule of the Act makes it clear that it is a disease contracted by, or caused to, a personemployed in one of the occupations described in the said Third Schedule.

Law on the subject

L.4A.2 Section 52A of the Act which is the relevant law on occupational diseases is reproduced

as under :-

52A(1) If an employee employed in any employment specified in Part A of the Third

Schedule contracts any disease specified therein as an occupational disease peculiar to that

employment, or if an employee employed in the employment specified in Part B of that

Schedule for a continuous period of not less than six months contracts any disease

specified therein as an occupational disease peculiar to that employment or if an employee

employed in any employment specified in Part C of that Schedule for such continuousperiod as the Corporation may specify in respect of each such employment, contracts any

disease specified therein as an occupational disease peculiar to that employment, the

contracting of the disease shall, unless the contrary is proved, be deemed to be an

employment injury arising out of and in the course of employment.

(2) (i) Where the Central Government or a State Government, as the case may be, adds

any description of employment to the employments specified in Schedule III to the

Workmens compensation Act, 1923 (8 of 1923) by virtue of the powers vested in it under

sub-section (3) of Section 3 of the said Act, the said description of employment and the

occupational disease specified under that sub-section as peculiar to that description of

employment shall be deemed to form part of the Third Schedule.

(ii) Without prejudice to the provisions of clause (i), the Corporation after giving, bynotification in the Official Gazette, not less than three months notice of itsintention so todo, may, by a like notification, add any description of employment to the employments

specified in the Third Schedule and shall specify in the case of employments so added the

diseases which shall be deemed for the purposes of this section to be occupational diseases

peculiar to those employments respectively and thereupon the provisions of this Act shall

apply, as if such diseases had been declared by this Act to be occupational diseases peculiar

to those employments.

(3) Save as provided by sub-sections (1) and (2), no benefit shall be payable toan employee in respect of any disease unless the disease is directly attributable to a specific

injury by accident arising out of and in the course of his employment.


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Relaxation of service condition

L.4A.9 The periods specified above for occupational diseases included in Part C caused hardship

to those sufferers who could not fulfil the minimum qualifying period of employment. The Corporation, at

its meeting held on 25-2-1992, resolved to add the following proviso to its Resolution passed earlier fixing

the periods of employment for diseases under Part C :

Provided that if it is proved that an employee whilst in the service of one or more

employers in any employment specified in Part C of the Third Schedule to the ESI Act,1948, has contracted a disease specified therein as an occupational disease peculiar to

that employment during a continuous period which is less than the period specified by

the Corporation for that employment, and that the disease has arisen out of and in the

course of employment, the contracting of such disease shall be deemed to be an

employment injury within the meaning of Section 52A of the ESI Act, 1948.

L.4A.10 The term service of one or more employers should be deemed to mean that the

previous employer(s) as well as the present employer should be of factory/establishment covered under the

ESI Act. Further, the employment should have been continuous leading to the contracting of the disease.

Automatic additions to The Third Schedule

L.4A.11 The Third Schedule of the ESI Act, 1948 is exactly identical to Schedule-III to the

Workmens Compensation Act, 1923 - a legislation under which compensation is payable to a workman

sustaining a personal injury from accident or by contracting an occupational disease while in the

employment of a factory or estt. not covered under the ESI Act, 1948. Section 3 of the WC Act empowers

the Central Government as well as a State Government to add any description of employment as well as an

occupational disease peculiar to such employment, to Schedule III to the WC Act. Sub-section (2) ( i ) of

Section 52A of the ESI Act says that when such an addition is made by the Central or State Government, it

shall also stand automatically added so as to form part of the Third Schedule to the ESI Act. In addition,

the ESI Corporation has also been empowered by Section 52A(2) (ii) to add of its own accord any

description of employment and the corresponding occupational disease in the Third Schedule to the ESI Act.

Occupational disease is not injury caused by accident

L.4A.12 The contracting of a disease is not as a rule an injury by accident; for one thing, it is

usually not sudden (except perhaps a disease included in Part A of the Third Schedule). But here it is

expressly provided that where the conditions mentioned in the preceding paragraphs are satisfied, the

contracting of the disease is employment injury. Further, videsub-section (1) of Section 52A, unless the

contrary is proved, the contracting of the specific disease will be deemed to have arisen out of and in the

course of employment, so that the workmans case is complete without any further proof. It will very

seldom be possible to prove that the occupational disease did not arise out of or in the course of

employment. [A similar presumption is also available in the case of an accident videsection 51A of the

Act.] But, if it is proved that the workman contracted the disease before he entered the insurable

employment, the Corporation is not liable, even though service under the present employer may have

aggravated it.

Compensation for disease other than occupational disease

L.4A.13 In so far as any disease other than the diseases specified in the Third Schedule is

concerned, no disablement benefit is payable to an employee unless the disease is directly attributable to a

specific injury by accident arising out of and in the course of employment. It would, therefore, be necessary

in case of such other disease to prove that the disease constitutes an accident within the meaning of the word

[and not within the special meaning of Section 52A(1)], that the accident arose both out of and in the course

of employment and that the disease was directly attributable to a specific injury sustained in that accident.


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Other Provisions

L.4A.14 The provisions regarding the following matters may be seen in relevant paras of Chapter

IV Law (Other Than Occupational Diseases), these being also applicable to occupational diseases:-

(i) Definition of temporary disablement L.4.65.

(ii) Duration of temporary disablement benefit. L.4.66 to L.4.67

(iii) Conditions attached to grant of TDB L.4.68(iv) Daily rate of TDB L.4.69

(v) Persons not entitled for TDB in certain cases L.4.70

(vi) Benefits not to be combined L.4.71

(vii) Recipients of SB/TDB to observe conditions L.4.72 to L.4.73


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ANNEXURE I

[See para L.4A.3]

THIRD SCHEDULE TO THE ESI Act, 1948

[Section 52 A]

List of Occupational Diseases

Sl. No. Occupational disease Employment

1 2 3

PART A

1. Infectious and parasitic diseases

contracted in an occupation where

there is a particular risk of

contamination.

(a) All work involving exposure to health or

laboratory work;

(b) All work involving exposure to veterinary

work;

(c) Work relating to handling animals, animal

carcasses, part of such carcasses, or

merchandise which may have been

contaminated by animals or animal

carcasses;

(d) Other work carrying a particular risk of

contamination.

2. Diseases caused by work incompressed air.

All work involving exposure to the risk concerned.

3. Diseases caused by lead or its toxic

compounds.


4. Poisoning by nitrous fumes. All work involving exposure to the risk concerned.

5. Poisoning by organophosphorus

compounds.


PART B

1. Diseases caused by phosphorus or its

toxic compounds.


2. Diseases caused by mercury or its

toxic compounds.


3. Diseases caused by benzene or its

toxic homologues.



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20 Diseases caused by nitroglycerine or

other nitroacid esters.


21. Diseases caused by alcohols and

ketones.


22. Diseases caused by asphyxiants:

carbon monoxide, and its toxic

derivatives, hydrogen sulphide.


23. Lung cancer and mesotheliomas

caused by asbestos.


24. Primary neoplasm of the epithelial

lining of the urinary bladder or the

kidney or the ureter.


PART C

1. Pneumoconiosis caused by

sclerogenic mineral dust (silicosis,

anthracosilicosis asbestosis) and

silico-tuberculosis provided that

silicosis is an essential factor in

causing the resultant incapacity or

death.


2. Bagassosis. All work involving exposure to the risk concerned.

3. Bronchopulmonary diseases caused

by cotton flax, hemp and sisal dust(Byssinosis).


4. Extrinsic allergic alveolitis caused by

the inhalation of organic dusts.


5. Bronchopulmonary diseases caused

by hard metals.



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CHAPTER IVA

TEMPORARY DISABLEMENT BENEFIT PROCEDURE


Introduction

P.4A.1 This part of TDB Procedure requires special attention of every functionary employed in theadministration of cash benefits under the ESI Scheme, specially the Branch Manager and the IMO. The ESI

Act concerns itself mainly with the diagnosis, treatment, compensation and, where possible, recovery and

return to work by an OD sufferer. Both the Branch Manager and the IMO must play a significant role not

only in every aspect of the diagnosis and treatment of persons suffering from occupational diseases and

perhaps save the life of many an OD sufferer but also take active measures in the prevention of these

diseases.

Identification of OD prone industries - Managers role

P.4A.2 Referring to Para 1.68 of Chapter 1-Registration, it is imperative for the Regional Officeas well as the Branch Office to take all the steps laid down therein, and specially, the following: -

(i) Survey of covered factories/establishments to identify OD prone industries.

(ii) Distinctive registration of both OD prone industries and their employees working in OD proneprocesses by printing distinctive red-colour identity cards and MREs as directed in the said

paragraph (or pasting red strips on both these documents for the time being).

P.4A.3 For identifying, out of the list of factories/establishments attached to each branch office,

those industries which can be the cause of an occupational disease, the Manager himself can take initiative

by going through the said list and attempt to identify industries/processes which may be the possible cause

of an occupational disease. The Third Schedule to the ESI Act (reproduced at Annexure -I to the Law Part

of this Chapter) names only the occupational diseases and it is not possible to identify the specificemployments that may be the cause of each of such diseases. In the circumstances, the following Annexures

have been added to this Chapter in order to assist the Branch Manager in the identification of employments

that may be the possible cause of each of the said occupational diseases.

Annexure-I The First Schedule to the Factories Act, 1948, which gives a list of industries involving

hazardous processes. [A hazardous process is defined in Section 2(cb) of the Factories Act

as any process or activity in relation to an industry specified in its First Schedule (see

Annexure I) where, unless special care is taken, raw materials used therein or the

intermediates or finished products, bye-products, wastes or effluents thereof would (i)

cause material impairment to the health of the persons engaged in or connected therewith,

or (ii) result in pollution of the general environment].

Annexure-II Alphabetical list of the said Schedule showing the occupational disease possibly caused byeach substance/process included in the list. (only Sl. No. of each occupational disease has

been given. For name of the disease, please refer to the Third Schedule reproduced at

Annexure I to the law part of this Chapter.

P.4A.4 A perusal of Annexure II will make it clear that not all the processes deemed as

hazardous may result in an occupational disease. This is because some processes, although being really

hazardous, may be accident prone rather than OD prone. It is to be noted that Annexure II is by no means

exhaustive. Further, a single substance/process may appear to be the cause of more than one occupational

disease when used in combination with different substances. For example, Explosives used in association

with different substances are known to cause an OD at S.No. B-1, B-4, B-14, B-15, B-19, B-21 and C-2.

Thus, considerable care will be needed to go through the manufacturing process/industry to find out the

exact root cause of an OD suffered by an IP.


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P.4A.5 It also seems relevant to point out that Annexure II, despite being in such detail, omits

many of the occupational diseases mentioned in the Third Schedule to the Act. To bridge this gap, an

additional list of those diseases as are caused by the industries relevant to them has been placed at Annexure

III.

P.4A.6 Both Annexure II & III name the S.No. of the occupational disease caused by each

industry. To determine the question whether an employment injury has been caused to an IP by an

occupational disease, it will be necessary to refer to Annexures II & III and locate the S. No. of the industry

mentioned in these Annexures. Once that is achieved, it will be necessary to find the name of the disease asgiven in Annexure I to Law Part of this Chapter. Thereafter, further inquiries will have to be made as to the

process in which the person was actually employed or the process which caused the occupational disease.

Prevention, detection & treatment of OD IMOs role

P.4A.7 As for the role of IMO, the Branch Manager should guide him as provided in para 1.68

ibid - (v), (vi) and (vii) thereof. IMOs role has been further emphasised/clarified through a circular dated

29th

November 2004 issued by the Medical Division of Hqrs. to all State Governments, ESI Medical

Directorates of each State and the concerned SMCs representing ESIC in each State. In the main, these

consist of the following instructions:-

(i) As soon as a distinctive red MRE or (one with a red strip pasted on it), is received in thedispensary, the IMO Incharge should make a reference to the ESI Hospital designated for the

purpose in a specially designed reference slip for clinical examination of the IP. The reference slip

should mention the IPs occupation and the OD which he is prone to suffer from and it will specify

the test(s) to be performed on the IP.

(ii) The ESI Hospital should, without delay, carry out clinical examination of all such referred personsand keep their record, X-ray and lab findings at its own level, record its observations and findings

on the reference form and send it back to the concerned IMO.

(iii) OD prone IPs, so long as they are working in hazardous employment(s), or an OD prone

department of factory/establishment, will have to undergo medical examination once every year.But in those of such industries where the number of IPs exposed to hazardous processes or

occupational diseases is 50% of the total strength of a factory/establishment, a six-monthly

examination has been prescribed.

(iv) The clinical data maintained in respect of these IPs should form a baseline health record andwhenever any departure is noticed from the baseline data, the person involved(who may not yet be

a patient needing active medical treatment and rest) should be referred immediately to the hospital

for further examination.

(v) If facilities for investigation of a particular OD are not available in the hospital, it should have tie-ups with other hospitals/institutions for getting the relevant investigation done as per the

requirements of each patient.

(vi) The IMOs would need to be given proper and need-based training on occupational diseases toenable them to be totally involved in the prevention, early detection, treatment and compensation of

IPs found to be suffering from occupational diseases.

(vii) If an IP is diagnosed or even suspected as suffering from an OD, he should be referred to the zonaloccupational disease centre on the appropriate form, giving relevant details of the disease, for

advice and treatment. The details of each zonal OD centre are given below:-


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Occupational Disease Centre Zone States from which IP should be referred

ESI Hospital & Occupational

Disease Centre, Basaidarapur, Ring

Road, New Delhi 110 015

North Zone Delhi, Haryana, Punjab, Chandigarh, J&K,

Himachal Pradesh, Uttar Pradesh,

Uttaranchal and Rajasthan

ESI Hospital & Occupational Disease

Centre, D.H. Road, P.O. Joka,

Thakurpukur,

Kolkata700 104

East Zone West Bengal, Assam, Meghalaya, Bihar,

Jharkhand, Orissa


Centre, Ashok Pillar Road, K.K.

Nagar,

Chennai 600 078.

South Zone Karnataka, Tamil Nadu, Pondicherry, Andhra

Pradesh, Kerala


Centre, 130/9, Mahannagar,

Chinchwad,

Pune 411 019.

West Zone Maharashtra, Goa, Chhatisgarh, Madhya

Pradesh,Gujarat

(viii) As soon as the disease of the IP is confirmed as an occupational disease, a report to be signed bythe treating IMO will be sent by him to the Chief Inspector of Factories of the State. Such a report

shall contain the following particulars of the IP: -

(a) Name and full postal address of the patient(b) The disease from which he is suffering(c) The name and address of the factory in which the patient is, or was, last employed.

The above report is mandatory as required in Section 89 of the Factories Act 1948. Non-

submission of such a report may attract penalty in shape of fine.

A practical view of occupational diseases

P.4A.8 If the instructions laid down for the prevention, detection, treatment and reporting of

occupational diseases as given in the foregoing paragraphs are scrupulously followed, many lives could be

saved and much misery in the shape of disease and loss of earning could be prevented. However, this is an

ideal situation highly desirable but very difficult to achieve. Therefore, taking a practical view, there can be

many OD sufferers who may seek medical treatment and disablement benefits available at a late stage when

their disease has already advanced. The following paragraphs lay down the procedure for dealing with such

cases.

Procedure for dealing with OD sufferers

P.4A.9 An OD sufferer will first report to his IMO and, depending on his condition at that

moment, he may be issued a first certificate with which he will report to the Branch Office. He may

continue to obtain and submit medical certificates, as his incapacity prolongs, with diagnosis of somecommonly occurring ailment other than an OD (e. g., TB for an IP suffering from silicosis or asbestosis).

But, a vigilant Branch Manager may get an inkling of the possibility that the IP may be suffering from OD

from certain indications such as the following which may come to his notice and perhaps more:

(i) Symptoms of disease which appear unusual.

(ii) Prolonged certification.

(iii) Sufferer complains of no relief from his treatment.


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(iv) IP is repeatedly taking sickness benefit for short intervals for an obviously genuine sickness.He says he gets sick some time after he joins duty and he gets well when he is away from

his work-place.

(v) IP suffers from skin problem or an allergy which defies all possible treatment.

(vi) Apparently suffering from pulmonary TB, he fails to respond to TB treatment.

One or more of the above factors should set an OD conscious Branch Manager/IMO thinking and he wouldneed answers to questions such as the following:-

(i) Nature of the industry in which IP works.

(ii) Various processes within his work-place.

(iii) The period for which he has been employed and how far he has been exposed to anyparticular process.

(iv) The extent to which he has been exposed to that process.

(v) Does the process in which he works or the substance he handles, find a place in the ThirdSchedule to the Act (see Annexure I to Law Part) or in Annexures I, II, or III to this

Chapter.

(vi) What about other persons engaged in the process in which the OD sufferer was/is working(e. g., asbestos affects many who are forced to work on its grinding, mixing, etc.)

The Branch Manager, keeping in view the instructions on identification of ODs with reference to the

industry in which a sufferer may be employed, will make detailed enquiries at the latters workplace. His

employer can also be persuaded to provide full information on the nature of employment/processes and,

once this is available, all that is needed will be the clinical reports based on the tests etc. at the nearest OD

centre to which IMO will refer him. If the IPs OD is confirmed at the OD Centre, it will also provide theline of treatment as well as intimate the likely period of abstention from work. IMO will then start the

treatment and issue him medical certificate(s) certifying the nature of the OD the IP is suffering from.

Action on receipt of medical certificates of OD

P.4A.10 At the stage when an OD sufferer brings in a certificate confirming his disease as OD, it

will be of great help to Branch Manager and the investigating official to go through the provisions of

Section 52A of the Act alongwith Corporations Resolution dated 25-2-1992 as given in the Law Part of this

Chapter and to keep a note of its salient features. The procedure to be followed for investigation of OD

cases is described below:-

(1) On receipt of a certificate with diagnosis of OD shown therein, necessary enquiries should be

made from the insured person to find out whether he was actually employed on any of the jobsspecified in the Third Schedule and was exposed to the risks against such a disease. The

statement of the insured person should also be recorded. Necessary enquiries may be made

and information collected from the employer who may be requested to submit a report in

respect of the insured person in Form-12A (copy at Annexure-IV).

(2) On receipt of the said report, the investigating official should visit the factory and investigatethe case thoroughly. He should examine the process which is alleged to have been the cause of

OD, record statements of witnesses as well as go through employers attendance-cum-wage

record in support of the fact that insured person actually worked on the specified job for the

minimum period laid down (see Part B and Part C, as the case may be, of Third Schedule).


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(3) In case any employee has put in less than the minimum service prescribed in Section 52A(1) ofthe Act, it should be seen whether the employee has served on the same process in any other

estt. covered under the Act. If his disease falls under Part C of Third Schedule, whether the

condition of the OD sufferer deserves admittance of his case as employment injury despite the

period of employment being less than that prescribed for that disease.

(4) As soon as the investigation is completed, a comprehensive report in form ESIC-25A (copy atAnnexure-V) together with the details of the certificates received and other documents listed

below should be submitted to the Regional Office:

(i) Form 12 A (Annexure IV)

(ii) Form ESIC-25A (Annexure V)

(iii)Witness statements

(iv)Form B.I.1

(v) Form B.I.1(a)

(vi)Form B.I.2

(5) Until such time the Regional Office decision is available, the Branch Manager should paysickness benefit to the insured person, if he is otherwise eligible to it, and this may be adjusted

later on towards disablement benefit if the case is admitted as one of employment injury.

Reference to Special Medical Board

P.4A.11 Under Regulation 74, for a decision on the question (i) whether an IP is suffering from an

occupational disease and (ii) whether the said disease has resulted in permanent disablement, every case of

employment injury due to occupational disease has be to referred to a special medical board. Regulation 74

is reproduced below for ready reference:-

74. Any question whether an employment injury is caused by an occupational disease

specified in the Third Schedule to the Act shall be determined by a Special Medical Board

which shall examine the disabled person and send a report in such form as may be prescribed

by the Director-General in this behalf to the appropriate regional office stating: -

(a) Whether the disabled person is suffering from one or more of the diseases specified inthe said Schedule ;

(b) Whether the relevant disease has resulted in permanent disablement ;

(c) the assessment of the proportion of loss of earning capacity and in case of provisional

assessment, the period for which such assessment shall hold good .

All assessments which are provisional may be referred to the Special Medical Board

for review by the appropriate Regional Office not later than the end of the period taken into

account by the provisional assessment. Any decision of the Special Medical Board may be

reviewed by it at any time. The disabled person shall be informed in writing of the decision

of the Special Medical Board by the appropriate Regional Office and the benefit, if any, to

which the insured person shall be entitled.

P.4A.12 At the Regional Office, the case will be examined by the Regional Director in

consultation with the Medical Referee/SMC and referred to the Special Medical Board as required under

Regulation 74. Forms to be used for this purpose (as extracted from ESIC Medical Manual ) are described

below:-


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1) BI.8 Specimen copy at Annexure VI.- Part I of this form will be filled in by Regional Office

and Part II by treating IMO.

2) BI.9 Specimen copy at Annexure VII Part I will be filled in by the Branch Office and Part II

will contain IPs statement which will be recorded in the same manner as described by him. He may,

however, be assisted in doing so by asking questions relevant to the history of the disease he suffers from,

his working environment, industry employed in, appearance of symptoms of the disease. Any test reports

and connected documents brought by the IP should be enclosed to this form. Part III of this form will be

exclusively filled in by the Special Medical Board.

3) BI.10- Specimen copy at Annexure VIII. This will contain the decision of the Special Medical

Board, to be filled in by one of the members and signed by all its members as its Chairman.

P.4A.12A. For occupational diseases, the procedure laid down for reference to Medical Board in

case of employment injury due to accident, as given in paras P.5.32 to P.5.41 grant of permanent

disablement benefits will be followed mutatis mutandis.

P.4A.12B. On consideration of the report of Special Medical Board on its receipt, in consultation

with the MR/SMC, the case will be admitted as one of employment injury, provided the Special MedicalBoard has confirmed the OD of the IP. The Branch Manager should be informed immediately thereafter so

as to enable him to make payment of TDB for the certified period of incapacity.

P.4A.13 If IP is found suffering from a disease included in Part C of the Third Schedule for

which minimum period of service is not available, the case should be decided in terms of Corporation

Resolution dated 25.2.92. (See para L.4A.9)

P.4A.14 For the purpose of determining whether the total incapacity on account of occupational

disease for payment of temporary disablement benefit is for not less than three days, the certified period(s)

of abstention, whether continuous or broken, should be aggregated as in the case of employment injury due

to accident. However, where abstention spreads over broken periods and MR/SMC is of the opinion that

each period should be taken as a separate spell (i. e., as a separate accident by fresh exposure on eachoccasion), the total period should not be aggregated for determining eligibility to temporary disablement

benefit. Each such spell shall in that event be taken as separate and dealt with accordingly.

OD must be supported by medical certificates

P.4.A15 No reference to Special Medical Board lies unless IP produces medical certificates(s)

showing the cause of incapacity. Further, if the medical certificate(s) produced by the insured person do(es)

not clearly indicate the diagnosis as one of OD, Regional Director should consult the MR/SMC for opinion

whether the symptoms resemble those of an OD. If confirmed and recommended by MR/SMC, further

enquiries should be made and case referred to Special Medial Board. In doubtful cases, a reference may be

made to Hqrs. for advice.

P.4A.16 If the diagnosis mentioned in the medical certificate is not of the occupational diseaseand the MR/SMC also opines that the disease mentioned in the medical evidence produced has no relation to

any one of the occupational diseases, the case should not be referred to the Special Medical Board. If,

however, the insured person/employer/trade union insists for such a reference, despite the opinion of the

MR/SMC, the Regional Director may make a reference to the Special Medical Board indicating also the

viewpoint of the MR/SMC so as to enable the Special Medical Board to decide the question after being

aware of the MR/SMCs opinion to the contrary.

TDB rate and date of commencement

P.4A.17 As already mentioned above, TDB is payable only after Special Medical Board admits the

case as that of OD. Its rate will be determined based on commencement of the spell in accordance with the

medical certificates submitted by the IP for the OD, and it will be payable from the beginning of the spell.


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However, if diagnosis mentioned in the regulation certificates in the beginning of the spell or in earlier

spell(s) is not clearly that of occupational disease diagnosed later on, the Special Medical Board should be

consulted for opinion regarding the date of commencement of the temporary disablement for regulating the

payment of benefit so far as period(s) of earlier spell(s) is/are concerned. The Special Medical Board will

no doubt see whether the symptoms for the period(s) of the earlier spell(s) is/are in respect of the

occupational disease itself. In case of doubt, a reference may be made to Hqrs. alongwith opinion of the

Special Medical Board.

Claim for PDB when TDB was not claimed

P.4A.18 Normally, the question of payment of PDB in a case of OD without a spell or spells of

temporary disablement will not arise. However, legally an odd case cannot be ruled out in which even

without medical treatment and abstention on account of the OD, the IP may have been permanently disabled

due to the OD. If any such claim or request is made by the insured person/employer/trade union for

reference to Special Medical Board on the basis of the medical evidence and other information available, the

question of reference may be decided in consultation with the Medical Referee/SMC. In doubtful cases,

reference may be made to Hqrs. office for advice.

P.4A.19 In cases where PDB is payable straightaway (without any prior spell of TDB), the PDB ispayable from the date of the Special Medical Board meeting unless indicated otherwise by the said Board.

In doubtful cases a reference may be made to Hqrs. Office for advice.

Reference not to await termination of OD

P.4A.20 If an insured person produces regulation certificates with OD as diagnosis, it is neither

necessary nor desirable to await termination of the spell of temporary disablement. This is because, as

already stated, even TDB becomes payable only after Special Medical Board has decided to confirm the

disease as an OD and the case has been admitted as of employment injury by the Regional Director. The

payment of TDB, therefore, already suffers from inevitable delay and waiting for the termination of the spell

of incapacity would further delay payment of TDB much needed by the OD sufferer.

Incapacity references

P.4A.21 The first incapacity reference in an OD case should be made after 28 days from the date

of commencement of the OD spell, followed by references at fortnightly intervals. If, however, the spell has

continued for over six months, a reference should be made by the Regional Director to the Hqrs. Office

alongwith the opinion of the Medical Referee/SMC.

Review by Special Medical Board

P.4A.22 Quite possibly, the condition of OD sufferer in receipt of PDB may improve or he may

be completely cured for reasons such as proper treatment or change of employment or nature of work. In

such a case, the Branch Manager should obtain Medical Referees opinion and refer the case to Regional

Office and the Regional Office will submit papers to Special Medical Board for a review. Regulation 74permits a review even after Special Medical Board gave its decision as to the permanent loss of earning

capacity finally.

Death of OD sufferer

P.4A.23 Normally, where the Special Medical Board has finally determined loss of earning

capacity under Regulation 74, it means that the disability has reached finality and that there are no chances

of its being cured or further aggravated. However, chances of the IP dying on account of OD cannot be

ruled out even though such chances may be remote unless other complications set in. However, whenever

such cases of death arise and the dependants of the insured person make a claim for dependants benefit, the

Regional Director should make a reference to Hqrs. Office alongwith


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(i) clinical details as recorded on the medical record envelope/card;

(ii) post mortem report, if available; and

(iii) Medical Referees/SMCs opinion.

The case will be examined at Hqrs. office in consultation with Medical Division and decision taken

will be conveyed to Regional Director.

P.4A.24 In case the insured person who claims to be suffering from occupational disease dies

while his case is under process before he is examined by the Special Medical Board, his case may be

referred to Hqrs Office for relaxation of Regulation 74, whereafter it may be referred to the Special Medical

Board and, based on its finding, the Regional Director should refer the case to Hqrs. Office for consideration

and decision.

Death case must be referred to Hqrs.

P.4A.25 It should be noted that every case of death due to occupational disease must be referred to

Headquarters Office for acceptance in the manner stated in the preceding two paragraphs and RegionalDirector should not admit such a case at his own level.


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Annexure-I

[See para P.4A.3]

THE FIRST SCHEDULE TO THE FACTORIES ACT, 1948

LIST OF INDUSTRIES INVOLVING HAZARDOUS PROCESSES

1. Ferrous Metallurgical Industries.Integrated Iron and Steel.

Ferro-alloys.

Special Steels.

2. Non-ferrous Metallurgical Industries.

Primary Metallurgical Industries, namely zinc, lead, copper, manganese and aluminium.

3. Foundries (ferrous and non-ferrous).Castings and forgings including cleaning or smoothening/roughening by sand and shot blasting.

4. Coal (including coke) Industries.

Coal, Lignite, Coke, etc.

Fuel Gases (including Coal Gas, Producer Gas, Water Gas).

5. Power Generating Industries.

6. Pulp and paper (including paper products) Industries.

7. Fertiliser Industries.

Nitrogenous.

Phosphatic.

Mixed.

8.Cement Industries.

Portland Cement (including slag cement, puzzolona cement and their products).

9. Petroleum Industries.

Oil Refining.

Lubricating Oils and Greases.

10. Petro-chemical Industries.

11. Drugs and Pharmaceutical Industries.

Narcotics, Drugs and Pharmaceuticals.

12. Fermentation Industries (Distilleries and Breweries).

13. Rubber (Synthetic) Industries.

14. Paints and Pigment Industries.

15. Leather Tanning Industries.

16. Electro-plating Industries.

17. Chemical Industries.

Coke Oven By-products and Coal tar Distillation products.


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Industrial Gases (nitrogen, oxygen, acetylene, argon, carbon dioxide, hydrogen, sulphur dioxide,

nitrous oxide, halogenated hydorocarbon, ozone, etc.)

Industrial Carbon.

Alkalies and Acids.

Chromates and dichromates.

Lead and its compounds.

Electrochemicals (metallic sodium, potassium and magnesium, chlorates, perchlorates and

peroxides).

Electrothermal produces (artificial abrasive, calcium carbide).Nitrogenous compounds (cyanides, cyanamides, and other nitrogenous compounds)

Phosphorus and its compounds.

Halogens and Halogenated compounds (chlorine, flourine, bromine and iodine).

Explosives (including industrial explosives and detonators and fuses).

18. Insecticides, Fungicides, Herbicides and other Pesticides Industries.

19. Synthetic Resin and Plastics.

20. Man-made Fibre (cellulosic and non-cellulosic) industry.

21. Manufacture and repair of electrical accumulators.

22. Glass and Ceramics.

23. Grinding or glazing of metals.

24. Manufacture, handling and processing of asbestos and its products.

25. Extraction of oils and fats from vegetable and animal sources.

26. Manufacture, handling and use of benzene and substances containing benzene.

27. Manufacturing processes and operations involving carbon disulphide.

28. Dyes and dyestuff including their intermediates.

29. Highly flammable liquids and gases.


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Annexure II

[See para P.4A.3]

Alphabetical list of industries included in 1stSchedule to the Factories Act, 1948 vis-a-vis the

occupational disease (OD) peculiar thereto

Nature of industry/product/mfr. S.No. in 1st

Schedule to

Factories Act.

S.No. in list of ODs as

given in IIIrd

Schedule to

ESI Act.

Acetylene 17 B-2, B-21

Acids 17 A-4,B-2, B-22

Aluminium nonferrous metallurgical industry 2 B-12, B-17,B-19

Argon Gas 17 B-22

Asbestos & its products mfr., handling and

processing of

24 B-23, C-1

Benzene, its derivatives & compounds - mfr.,

handling and processing of

26 B-3

Breweries (alcohol) & distilleries 12 B-21

Bromine gas 17

Carbon dioxide gas 17 B-22

Castings & forgings in foundry industry 3

Cement industries Portland cement (incl. slag

cement, puzzolona cement and their products

8 C-1

Ceramics 22 A-3,B-12,B-16

Chlorine gas 17 B-2, B-9

Chromates & dichromates 17 B-5

Coal (incl. coke) industries coal, lignite, coke,

etc; fuel gases (incl. coal gas, producer gas, watergas)

4 A-1, B-8, C-1

Coaltar distillation products 17 B-22Cokeoven bye-products 17

Copper non-ferrous metallurgical industries 2 B-6, B-12

Detonators & fuses ( for explosives) 17 See Explosives

Drugs 11 B-6,B-20,B-21

Dyes & dyestuffs incl. their intermediates 28 B-4, B-8,B-13,B-15,B-21,

B-22, B-24

Electrical accumulators mfr. & repair of 21

Electrochemicals - magnesium, potassium, sodium;

their chlorates, perchlorates & peroxides

17

Electroplating industries 16 B-13,B-17,B-19

Electrothermal products (artificial abrasives,

calcium carbide)

17

Explosives (incl. detonators & fuses) 17 B-1,B-4,B-14, B-15,B-19,B-21,C-2

Ferrous metallurgical industries 1

Fertilizer industries 7 B-1,B-12,C-2

Fluorine gas 17 B-19

Fungicides 18 B-6

Glass 22 B-6,B-10,B-11,B-12,B-19,B-21,C-1

Grinding or glazing of metals 23

Halogens & halogenated compounds 17 B-9

Highly flammable liquids & gases 29

Hydrogen gas 17 B-22


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Industrial gases (carbon monoxide) 17 B-22

Insecticides 18 A-3, B-1, B-4,B-6,B-19

Iodine 17

Iron & steel 1

Lead & its compounds 17 A-3Lead nonferrous metallurgical industry 2 A-3,B-6

Leather tanning industries 15 A-1, B-5,B-12

Lignite industry 4 B-8,C-1

Lubricating oils & greases 9

Magnesium 17

Manganese nonferrous metallurgical industry 2 B-12

Man-made fibre (cellulose) 20 B-21

Man-made fibre (non-cellulose) 20 B-10

Metal carbide, artificial abrasive 17 C-5

Narcotics 11

Nitrogen gas 17 B-22

Nitrogenous compounds ( cyanides, cyanamides &

others)

17

Nitrous oxide 17 A-4

Non-ferrous metallurgical industries aluminum,

copper, lead, manganese, zinc

2 Please see against each

metal.

Oils & fats extraction from vegetable and animal

sources

25 B-22

Oil refining, petrochemical industries 9, 10 A-3, B-19, B-22

Oxygen gas 17

Ozone gas 17

Paints 14 B-3,B-12,B-13,B-17,B-21

Pesticide industries 18 A-5,B-3,B-10,B-12,B-19,

B-22

Petroleum industries oil refining, lubricating oils

& greases

9

Pharmaceuticals 11 B-4, B-13.B-18,B-21,B-22

Phosphatic fertilizer 7 B-1

Phosphrous & its compounds 17 A-5, B-1

Pigments 14 B-4,B-6

Plastics 19 B4,B-9,B-13 B-18,B-21,

B-23,C-1

Power generating industries 5

Pulp & paper (incl. paper products) 6 C-2

Puzzolona cement 8 C-1

Rubber industries 13 A-3,B-4,B-13,B-21,B-24

Slag cement 8 C-1

Smoothening/roughening by sand and shot blasting 3Steel, alloy steels 1 B-12,B-16

Sulphur dioxide gas 17

Synthetic resin 19 B-21

Zinc nonferrous metallurgical industry 2


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Annexure III

[See para P.4A.5]

Additional List of OD prone industries as given in the Third Schedule to the ESI Act

Industrial process/substance Description given in

IIIrd Schedule to the

ESI Act.

Remarks

Acetaldehyde B-2,B-21

Acetic acid mfr. B-2

Aircraft piston engines B-19

Alloys for cars, aircraft, etc. B-17

Animal & vegetable matter

processing

C-4

Animal debris B-18

Arc processes B-11

Artificial silk B-2,B-10, B-21

Asphalt B-8Barometers B-2

Beryllium ceramics B-16

Blast furnaces B-22 Asphyxiation by carbon monoxide

Boilers B-22 -do-

Bridge building A-2

Butcheries, bone & bone

meal

A-1

Cadmium-nickel batteries B-17

Carbon disulphide B-10 Widely used as industrial solvent.

Cardboard C-2

Cardiovascular drugs mfr. B-20

Celluloid B-21

Chemical weapons B-19Chromium plating B-5

Cotton, flax, linen C-3

Detergents B-1,

B-3

Caused by phosphorus and its

compounds

Caused by Benzene and its homologues.

Dry cell batteries B-12

Fireworks B-1

Glassware etching B-19

High noise levels (in

textiles, engg.,boilers,

explosives, compressors

B-14 May result in hearing-impairment

Hot furnaces B-11

Hydrofluoric acid mfr. B-19Hydrogen sulphide

poisoning

B-22

Inks A-3

Isocyanates & their

derivatives

B-22

Lasers B-11

Leather (synthetic) B-21

Methyl alcohol (methanol) B-21

Mineral oils B-8

Misc. industries, e.g.,

electroplating, engg.,

B-13


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leather, metals, paint,

pharmaceuticals, plastics,

printing, rubber, textile

Misc. physical, chemical,

biological agents, e.g.,sunlight, ultra-violet rays,

X-rays.

B-13

Molten glass B-11

Molten metals B-11

Nickel plating B-17

Nitric acid mfr. A-4

Paper C-2

Phenol mfr. B-3

Perfumes B-21

Porcelain, pottery C-1

Potash permanganate B-12

Printing presses A-3

Radioactive materialsmanufacture (X-ray plates)

B-7

Rayon bleaching A-4

Refineries A-3

Refractory bricks B-5

Rust proofing of metals B-1

Safety matches B-1

Slate pencils C-1

Solvents B-21

Storage batteries A-3

Textile dyeing & bleaching B-12

Textiles C-3

Thermometers B-2

Tunneling under water A-2Urea B-22

Waxes (as solvents) B-21

X-ray clinics B-7

X-ray tubes B-2


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FORM 12A Annexure IV

[See para P.4A.10(1)]

EMPLOYEES STATE INSURANCE CORPORATION

Report from employer in respect of an occupational disease (Reg. 68)

1. Name of the employer

2. Code No..

3. (a) Name of insured person .. (b) Ins. No..

4. Address of the insured person

5. (a)

(c)

Age (last birthday).. (b) Sex

Occupation of IP... (d) Branch Office to which attached

6. Name of occupational disease or its nature..

7. Date of commencement of the occupational disease.

8. Date of employment of insured person in the factory/establishment .....

9. Specific employment in which employed and its nature..

10. Date from which the insured person was continuously working in the employment at 9 above which

caused the occupational disease..

11. The exact period of continuous employment as at 10 above before the commencement of spell of

occupational disease..

12. Date of issue of medical certificate in r/o occupational disease

13. Name of the disease given on the medical certificate..

14. i) Whether the insured person has abstained from work, if so, from what date..........ii) Has he returned to work, if so, from what date...................................................

15. (a) Hospital/dispensary/panel doctor from whom or where the insured person received or isreceiving treatment.

(b) Name of the dispensary/panel doctor elected by the insured person ..............

16. Has the insured person died b) If so, date of death

I certify that, to the best of my knowledge and belief, the above particulars are correct in every

respect.

Employers name, address and code number

Date of despatch of report..

Signature

Designation

(Rubber stamp)


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ESIC 25A Annexure V

[See para P.4A.10(4)]

EMPLOYEES STATE INSURANCE CORPORATION

Employment injury report in respect of occupational disease

Name of the Branch Office..

Name and designation of the investigating official..

PARTICULARS OF THE EMPLOYEE

1. Name2. Sex3. Ins. No.

4. Age..5. Fathers/Husbands name.

PARTICULARS OF EMPLOYER

6. Name of factory/establishment 7. Code No

8. Address

10. Department & shift hours of the employee....

PARTICULARS AS REPORTED BY THE EMPLOYER

11. Name of the occupational disease or its nature:

12. Date of commencement of occupational disease...

13. Date of employment of insured person in factory

a) Specific employment/process on which employed:

b) Nature of the employment:

14. Date from which the insured person was continuously working in employment at 13(a) above whichcaused occupational disease....

15. Date and time of receipt of intimation

(i) by the Branch Office..

(ii) by the investigating official

16. Date and time of the visit.

BranchOfficeStamp


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FINDINGS OF THE OFFICIAL

17. Are the particulars in 11 to 14 above as reportedby the employer fully corroborated by the

evidence? If not, statement of facts as found by

the official.

18. Is there any evidence showing that occupationaldisease is not an employment injury.

19. Date from which the insured person is sufferingfrom occupational disease. Details of medical

certificates or any other document should be

given whereby the facts of the occupational

disease are known.

20. Nature of ailment and the Part of the Third

Schedule in which it is included.

21. Name of the occupational disease:-

(a) as per the employers record.

(b) as per the records of the Branch Office.

22. (a) State the Part in which his disease is listed

under the Third Schedule to the Act.

(b) If the insured person has contracted a diseaselisted in Part A of the Third Schedule,

whether he was actually employed on thework specified against that particular disease.

If so, since when?

(c) If the insured person has contracted a diseaseas listed in Part B of the Third Schedule to

the Act, whether he was employed for a

continuous period of not less than six months

prior to the date of contracting the disease,

i.e., before the issue of certificate with the

diagnosis of the occupational disease.

(Please give dates).

(d) Has the insured person contracted anydisease specified in Part C of the ThirdSchedule to the Act? If so, the total service

with dates with one or more employers in the

employment specified against such a disease

for such a continuous period as the

Corporation may have specified for such

employment. (See paragraph L.4A.6). Give

details.

(e) If the IP suffering from OD included in PartC had not served for the minimum period


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218

prescribed against the particular disease,

recommendation of investigating official as

to whether the case should be admitted as

employment injury in the light of Para

L.4A.9. (Please give reasons for your answer)

(f) Statements of witnesses in support of (b), (c)and (d) above (to be enclosed).

23. Persons interviewed :-

Sl.

No.Name

Deptt./Shift

Residential addressWhether employment

particulars confirmed

1.

2.

3.

4.

24. Whether as per the attendance register,the insured person has been abstaining

from work; if so from what date?

25. Has the insured person returned to work;if so, on what date?

Note: Additional remarks, if any, may be given below or on a separate sheet attached to this statement overthe signature of the investigating official.

Signature of the investigating official


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ANNEXURE-VI

FORM BI. 8

[See para P.4A.12]

EMPLOYEES STATE INSURANCE CORPORATIONReport For Information of Special Medical Board

For the Special Medical Board meeting onOffice and

date of issue.

PART I (TO be completed by the R.O.)

NameInsurance No.

AgeSex.Father/Husbands Name...

Address..

Name of the employer at the time of diagnosis of OD......

Date of occurrence of OD .........Date of first certificate by the IMO

PART II (TO be completed by the IMO)

Nature of diseases, its type and extent

....

Period of continuous treatment including } Form.. To

Treatment at the hospital: if any.

Brief history of the treatment given...

Any special investigation carried our, e.g.X-ray, pathological test, specialist opinion etc.

(if so original copies of reports should be

attached ...

Date X-ray/USG/Scan No. Report Remarks

The present condition of the insured person..

Is there any coexisting condition, (e.g. any old congenital or acquired deformity) give

details.Any other relevant information..

Date

Rubber stamp and name in block letter

To

The Chairman,

Special Medical Board.

Signature.


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CONFIDENTIAL

ANNEXURE-VII

FORM BI. 9

[See para P.4A.12]EMPLOYEES STATE INSURANCE CORPORATION

(Regulation 74) Special Medical Board Report Form

Office and Date of issue

DISABLEMENT BENEFIT

SPECIAL MEDICAL BOARD REPORT________________________________________________________________________

PART I-PARTICULARS OF CLAIMANT

Name.Sex...

Address......

Identification Marks: 1. ...

2. ...

Insurance No. Occupation..Age.

Description in details..

Date of occurrence and nature of diseases..

..Period of incapacity...

Nature of incapacity leading to temporary disablement benefit ...

Diagnosis of any other Occupational disease Assessment in percentage of loss of earning capacity....

Other relevant information.

Date

Signature


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221

To be completed by Regional Office

PART II-CLAIMANTS STATEMENT TO SPECIAL MEDICAL BOARD

The Statement should be as nearly as possible in the claimants own words and the

whole record read out to him for agreement and signature below:-

I agree that the above is a correct record of my statement.

Date: Signature..

________________________________________________________________________

PART III-REPORT OF SPECIAL MEDICAL BOARD

1 Are you satisfied that the person before you is the person referred to at the Part I onPage I ?................................................................................................................

2 General Examination Weight Height.. B.P. .

(state extent of clothing) (state whether with boots)

TeethMucous Membrane...Chest measurement Insp Cms. Exp...Cms.

3 In the space which follows, the condition of the various systems should be

described. The exact site, nature and extent of any disablement (whether resulting

from occupational disease or not) from which the claimant is suffering should be

noted in for as it has any effect on function as in locating a loss of faculty. If nothingabnormal is detected in any or all of the following systems, enter N.A.D. against thesystem.

a. Respiratory system..b. Alimentary system, Liver & Spleenc. Cardio Vascular System.d. Nervous system..e. Locomotor system..f. Haemopoietic system..g. Skins

4 APPROPRIATE INVESTIGATIONSa. Urine examination including special estimations

b. Blood/Serum examination including special estimations

c. Sputum examination

d. Saliva examination including special estimatione. Bone marrow examination..

f. Fundoscopic examination

g. Radiological examination.

Lungs.

Bones.


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h. Biopsy Report.

i. Dermal tests

j. Other tests.investigations

5 General description of claimants condition.

6 Diagnosis.7 Decision-when recording decision on the

disablement question the following questions

to be answered.

(1). Is there ay appreciable disablement? (Yes/No)

(2). If the answer to (1) is in the affirmative.

(a) Whether the disablement should continue to betreated as temporary disablement and if so,

the next date the case should again be

referred to the Special Medical Board; or

* (b) Whether the disablement can be declared of a

permanent nature, if so.

i) Whether the extent of loss of earning capacity canbe assessed provisionally or finally?

ii) The assessment of the proportion of loss ofearning capacity whether provisional or finalfor each part affected and total LEC:

iii) In case of a provisional assessment the periodFor which assessment should hold good.

* Delete whichever not applicable.

8 Remarks.

Place of Examination

Date.

Signature .Chairman.Member

..Member

When completed the report should kindly be returned to the Regional Office, Employees

State Insurance Corporation at .


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ANNEXURE-VIII

FORM BI.10

[See para P.4A.12]

EMPLOYEES STATE INSURANCE CORPORATION(Regulation 74)

DICISION OF SPECIAL MEDICAL BOARD

Insurance No. Date:

The Special Medical Board which examined the Insured Person

Onhad decided that:-

*(1) there is no appropriate disablement

Or

*(2) the disablement should continue to be treated as temporary and the

next date when the case should be referred to the Special Medical Board is:

Or

*(3) the disablement can be declared to be a permanent nature and

i the extent of loss of earning capacity can be assessed

provisionally or finally;ii the assessment of the proportion of loss of earning capacity

whether provisional of final; andiii in case of provisional assessment, period for which it shall

hold good.

The findings of the Special Medical Board are summarized as follows:-

The decision of the Special Medical Board was not unanimous.

The recorded reasons for the dissent are:-

Signature

Chairman, Medical Board.


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Forwarded through Regional Office to

Shri

* 1. If dissatisfied with the decision of Special Medical Board you may appeal to

i) The Medical Appeal Tribunal E.I. Court and give notice of appeal to your

Regional Office within the prescribed period of communication of the

decision on a form to be obtained from the Regional Office andii) to the E.I. Court directly or against the decision of the Medical Appeal

Tribunal by preferring appeal with the E.I.Court on the form prescribed in

the E.I. court rules within the specified period from the date of

communication of decision of Special Medical Board/Medical Appeal

Tribunal as the case may be. In the meantime you may claim benefit at the

above rate. This is without prejudice to your right to claim benefit at a higher

rate that may be awarded to you on appeal.

2. The decision of the Special Medical Board is not acceptable to the

Corporation and a notice of appeal is being given to you separately. All the

same you are entitled to claim the benefit at the above rate. This willhowever, be an interim payment subject to adjustment on the basis of award

that may finally be made on appeal.

(Delete note (1) or (2) as appropriate)

Dated: REGIONAL DIRECTOR

Temporaray Disblement Law

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