Never breathing easy again

After 15 arduous years, Somboon Sikhamdokkhae wins compensation for herself and 36 of her former colleagues against a textile factory

A legal victory over former employer Bangkok Weaving Mills Ltd and an average of Bt60,000 in compensation for living with byssinosis, an occupational lung disease caused by exposure to cotton dust in an inadequate working environment, may not sound like much, especially after a 15-year court battle, but the ruling is nonetheless a trophy for Somboon Sikhamdokkhae and 36 of her ex-colleagues. Not only does it recognise their complaint as legitimate, but it also will serve as a useful and potentially life-saving precedent for factory workers in the generations to come.

Somboon, 51, who is now chairperson of the Network of Victims of Occupational Hazards of Thailand, says the victory also provides proof against allegations by the factory that she and the fellow workers faked their illnesses, initially to demand extra salary, then went on to file a civil lawsuit against the firm's management based on these "fake" illnesses.

"Although we are poor people, we have the same dignity as our fellow human beings. Things have changed from the old days when we had no one to rely on. We have made many friends and achieved many things. We regained our rights on the day that the truth was revealed and that was far more important than the money," she says.

The compensatory money, ranging from Bt60,000 to Bt110,000, cannot undo the permanent damage to the workers' lungs. Somboon and her fellow workers still have trouble breathing and become exhausted far more quickly than other people, as the red-blood cells produced by the lungs are not sufficient. Other symptoms include sore throats, coughs and runny noses.

"As a precedent, the court victory has made employers who refuse to take responsibility for their workers or accept their accountability for protecting workers' rights, learn about and respect their fellow human beings," she says.

"It is also an example to all employers that they must protect their workers according to the occupational safety laws thus preventing or minimising work-related illnesses. By so doing, the workers' morale will improve and that will increase productivity, which is beneficial to the employers themselves," she adds.

After working in a factory unprotected from fabric particles for years, Somboon and around other 200 workers fell ill and developed severe allergies to dust. Most, Somboon included, were then laid off without compensation, and their complaints to the company fell on deaf ears.

"The condition of our lungs is what you'd expect to find in someone in their 80s even though most of us are in our 50s. We need to see the doctor every month and we'll be relying on medication for the rest of our lives," she says.

The company paid for medical check-ups for around 500 workers after a 1992 law imposing environmental protection by employers in the industrial sector came into effect but did not comply with workers' calls for protection, or extra money, before laying off those who had become sick.

The Supreme Court recently ordered Bangkok Weaving Mills Ltd to pay Bt3.69 million to the 37 plaintiffs along with annual interest of 7.5 per cent dating back to May 3, 1995, the day was lawsuit was filed. The total is lower than the original amount claimed as it takes into account aid received from other sources, including the Social Security Office.

The ruling is also a victory for Dr Oraphan Methadilokkul, who was sued by the company following her testimony at the lengthy trial where she confirmed her diagnosis of byssinosis.

Somboon says that even to this day, the company still refuses to believe that the workers became sick due to the lack of protection in the factory. They have hired doctors to examine sick workers though they have consistently refused to bring in medical experts specialising in occupational hazards.

Somboon, who along with private sector and charity foundations has worked on several campaigns for occupational safety and welfare at factories over the past several years, formed the network more than 10 years ago. It has received support and grants from government agencies to expand its projects.

A frequent lecturer on labour welfare, Somboon has also received many awards, including one from the Global Human Rights Fund.

The Network now assists more than 3,000 workers and employees who have sustained injury or become ill through the workplace, through legal counselling, lectures and training on occupational safety and general health-related issues.

Somboon is currently working with the Forum of the Poor to push for a law that gives greater assurance for higher occupational safety measures and good work environments. This is currently being vetted by a subcommittee prior to its adoption by Parliament.

The bill proposes establishing an independent agency to regulate and implement occupational safety measures in workplaces at all levels.