A worker exposed to silica dust develops a restrictive lung disease 15 years after first exposure. The diagnosis is silicosis. Under ESI Act, for this occupational disease to attract benefits, the employer-employee relationship must be from an ESI-covered establishment. The latency of silicosis is a challenge because:

• A Silicosis only qualifies as occupational disease within 5 years of last exposure
• B Long latency means diagnosis often occurs after retirement/job-change, making attribution to the last employer complex; Schedule 3 of Factories Act lists it as occupational disease ✓
• C Silicosis is not listed under Indian occupational disease legislation
• D Workers in hazardous processes are not covered under ESI

Explanation

Silicosis has a latency of 10–30+ years, meaning the disease manifests long after exposure has ended, often after the worker has changed employers or retired. Schedule 3 of the Factories Act, 1948 (and Schedule II of the Workmen's Compensation Act) lists silicosis as a notifiable occupational disease, attracting compensation. However, attribution to a specific employer is medico-legally complex with long latency. The Occupational Safety Health and Working Conditions Code (2020) consolidating these provisions is a current legislative update.

Reference: Park's Textbook of Preventive and Social Medicine, 27th ed.

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Written and medically reviewed by the StethoPrep medical team.