a critical analysis of health, hygiene & safety provisions of Bangladesh Labour Code 2006

The Constitution of Bangladesh, in Article 14, states:

“It should be a fundamental responsibility of the State to emancipate the toiling masses – the peasants and workers - and backward section of the people from all forms of exploitation”. This is a very important provision regarding labour’s safety in the constitution of Bangladesh. Though it is only persuasive in nature, is very weighty as it is mentioned in the supreme law of the land.

Again right to life is one of the fundamental rights of people of Bangladesh. Art. 31 & 32 of The Constitution of People’s Republic of Bangladesh deal with this fundamental right. Every people of Bangladesh have this right. Chapter 6 & 7of Bangladesh Labour Act 2006 by including the provisions relating to safety at work have accepted this fundamental right. Again chapter 5 of Bangladesh Labour Act 2006 deals with health & hygiene at work. However the recent amendment of The Constitution of People’s Republic of Bangladesh burdens a moral obligation on the government of Bangladesh to ensure a healthy & safe environment for all by including Art. 18A dealing with right to healthy & safe environment.  And this provision is also applicable at work.  Here we have tried to make an analysis whether these provisions are enough to protect the fundamental right, right to life. And also whether a healthy & safe environment at work has been ensured or not.

The reflection of occupational health, hygiene and safety service in Bangladesh:

 The occupational health, hygiene and safety service in Bangladesh is still in the developmental stage. Here the occupational health, hygiene and safety refers mainly to needs of workers of industries or some manufacturing processes but does not completely cover all occupations of the country. The main laws related to occupational health & safety in this country is The Bangladesh Labour Code, 2006. There are a number of other laws and regulations that are also have some provisions related to occupational health, hygiene and safety. These laws have provisions on occupational hygiene, occupational diseases, industrial accidents, protection of women and young persons in dangerous occupations and also cover conditions of work, working hours, welfare facilities, holidays, leave etc. But most of the laws are lacking in standard values and not specific rather general in nature. As the labourers are the most vital part of economy of a country, they have to be given more concentration. Such as their health condition must be promoted to a sound stage, hygienic work place must be ensured and safety at work place should be guaranteed. Labourers’ productivity of a country indicates the strength of economy of a particular country. So attention should be given for the wellbeing of the labour. Bangladesh is necessarily a member of ILO. Being so it has ratified many conventions of the same. Those conventions did provide for the occupational health, hygiene and safety for the workers. Bangladesh does have a Labour Code which provides for workers, employer and working place extensively. But it did not maintain strictly the ILO’s standard regarding occupational health, hygiene and safety. However implementation of existing standard about the alleged matters is below notable mark. Many countries of the world do maintain a high standard of occupational health, hygiene and safety. For certain work environment factors, manufacturing process, machineries and toxic substances, certain levels or concentrations of substances in the air have been recommended by various international organization and agencies, which are considered to be safe, are implemented in the respective countries. In USA Occupational Safety and Health Administration (OSHA) are referred for the permissible levels or various standards limits for working environment. In Bangladesh no such organization or agencies have been developed which could be a referral center for different standard or occupational permissible limits. As such the prevalent rules and regulations in Bangladesh are insufficient or inadequate in terms of standards and permissible limits. Moreover, the enforcement department, the department of inspection, which is poor in quantity as well quality, could not effectively enforce to improve the occupational safety and health in Bangladesh. In Bangladesh, as in most countries in the west the responsibility for health and safety at work is placed on the employer, although the government has some kind of occupational health care services and safety standards. Occupational health services are provided as benefits by employers and generally are separate from other community health services. In the developing countries, many of which are undergoing rapid industrialization, the importance of occupational health is increasingly realized. It is of concern that in Bangladesh like other developing countries pre-existing malnutrition and a high incidence of infectious disease, however, frequently compound the problems of exposure to occupational hazards. The labour laws in Bangladesh have been framed which requires employers to undertake corrective measures on occupational safety and health. Lack of awareness, training, non- compliances of the occupational health, hygiene and safety standards by the employers, the negative involvement of the workers could not achieve the goal of providing safety and health to the workers as intended by the laws. In Bangladesh, as in other developing nations the major considerations in industries are higher production and greater economic returns. The main economics centered on the employer’s benefit. Little importance is focused on the social costs in terms of impacts on workers, society, and the environment. The impacts are compounded by inappropriate value of life considerations, pain and suffering, opportunity costs and questions of equity. The estimates of direct economic costs and benefits are usually made keeping aside the ethical liabilities to the society as a whole. Entrepreneurs often consider the regulatory compliances and related administrative costs deterrent to productivity. As such occupational health & safety considerations remains ignored.

Time has come to consider the Occupational Health in its true spirit in a holistic way. The policy makers, legislators, employers, and all other members of the society require understanding the relationship of true social development with economic development through a system of good practices of occupational safety and health in work places so that the fruit of industrial development actuates the social goals. There should be awareness about consequences of not addressing and non-implementations of occupational safety and health standards.

International safeguards about health, hygiene and safety:

International Labour Organization is the prime authority regarding international legal order of labour and labour oriented matters. It has many conventions and regulations about the total betterment of workers and labours. Few of them are ILC 29 (Forced Labour), ILC 87 (Freedom of Association and Protection of the Right to Organize), ILC 98 (Right to Organize and Collective Bargaining), ILC 100 (Equal Remuneration), ILC 105 (Abolition of Forced Labour), ILC 111 (Discrimination in Employment and Occupation), ILC 182 (Elimination of the Worst Forms of Child Labour) etc. The ILO convention C 155 and C161 are concerned with the Occupational Safety and Health and the Occupational Health Services respectively. The aim of the policy of the convention C155 is to prevent occupational accidents and injury to health and illnesses by identification and minimizing the causes of hazards in the working environment. The aim of the convention C161 is to establish and maintain a safe and healthy working environment which will facilitate optimal physical and mental health in relation to work. Although these convention are not yet ratified in Bangladesh but many of the recommendations of these conventions have been practiced to some extent through the implementations of existing various laws and regulations. In The Bangladesh Labour Code, 2006 and in some other laws and regulations there are various chapters that are relatable to OSH. But by the existing laws and regulations qualitative inspections regarding safety and health in the working is possible but could not be monitored in terms of quantitative standard values and permissible limits.

Health, hygiene and safety in other countries: 

South Africa:

 South Africa has a special law about Occupational Health and Safety. The Act is called the Occupational Health and Safety Act, 1993.  The Act provides for the health and safety of persons at work and for the health and safety of persons in connection with the use of plant and machinery; the protection of persons other than persons at work against hazards to health and safety arising out of or in connection with the activities of persons at work, establishes an advisory council for occupational health and safety and provides for matters connected therewith.

                                                                       

Guyana:

Guyana is the first ILO Caribbean member State to have introduced completely new safety and health legislation drafted along the lines of the CARICOM model.

The Occupational Safety and Health Act, 1997, applies to “existing industrial establishments” (including shops and offices) and to any agricultural undertaking, construction site or logging operation. Its provisions on accidents and diseases also apply to persons employed in any department of government except the police and armed forces. The Act defines occupational disease and work-related disease, and it set up a National Advisory Council on Occupational Safety and Health to advise the minister and promote public awareness of occupational safety and health. The Occupational Safety and Health Authority established under this legislation have the responsibility for designating inspectors to ensure the application of the Act. The minister is also given the power to appoint an Occupational Safety and Health Commissioner, who “shall have all the powers of an arbitration tribunal to which the provisions of the Labour (Arbitration Procedure) Regulations apply”. The Occupational Safety and Health Act, 1997  gives the court wide powers to impose penalties. The Act therefore strengthened and extended the scope of a system that was already functioning. Anew provision is included that allows a worker to refuse to work or do particular work where he has reasonable justification to believe that: any equipment, machine, device or article the worker is to use or operate presents an imminent and serious danger to the life or health of himself, or another worker; or the physical condition of the workplace or the part thereof in which he works or is to work presents an imminent and serious danger to life or health. The Act places considerable responsibility on the Occupational Safety and Health Authority to ensure that adequate provisions are made for the safe use, handling, storage and disposal of hazardous substances. An employer must maintain an inventory of hazardous chemicals and all hazardous physical agents in the workplace. The employer is required to notify the Safety and Health Authority of any accident which causes loss of life or disables a worker for more than one day. Every qualified medical practitioner who believes a patient to be suffering from an occupational disease contracted in the course of his employment is required to send full details to the Authority to make recommendations to the employer and the workers for the improvement of the health and welfare of workers to recommend to the employer and the workers in the establishment, maintenance and monitoring of programs, measures and procedures respecting the safety of workers.

Jamaica:

Jamaica has adopted a new Occupational Safety and Health Act that will replace the 1949 Factory Ordinance. The new legislation will follow the CARICOM model closely. Some of the significant features are: the rights of workers, including: participating in decisions on the use of substances at the workplace; refusing to work in situations where it is believed that there is danger to life or limb; knowing all information about processes and substances used in the workplace; establishment of joint safety and health committees at the workplace; establishment of a National Advisory Council on Safety and Health; improved penalties and inspection; inspectors being able to issue contravention tickets on the spot to companies; immediate compliance by the employer with the inspector’s order, failing which, the offender can be taken to court; liability of suppliers, manufacturers and importers; employers to provide hazardous chemical danger sheets for workers and to keep an inventory of such chemicals; prohibition of reprisals by employers against workers who refuse to work in situations where they consider the job to be dangerous to life or limb; duty of workers to cooperate with the employer in ensuring a safe and healthy working environment; the establishment of a National Safety and Health Policy; and requirement for the certification of safety and health committee representatives.

European Union:

The European Trade Union Confederation (ETUC) had played a vital role in the development of occupational health and safety throughout the Europe. The ETUC emphasizes the importance of the ILO Conventions in this regard, notably No. 155 (on occupational safety and health, 1981) and No. 161 (on occupational health services, 1985), and advocates “more systematic cooperation” with the ILO. At present most of the EU countries have ratified these Conventions. The promulgation of the Health and Safety at Work Act of 1974 in Britain ensured occupational safety and health few decades ago. Now a day’s almost every country of EU adequate measures to ensure occupational safety and health.

Present condition of labour laws in Bangladesh :

At present there are 21 labour and industrial laws in Bangladesh in fashion. All those laws contain provision relating to health, hygiene and safety. Among them the Bangladesh Labour Code, 2006 is the most prolific one dealing with the alleged matters. Chapter 5, 6 and 7 of the same Act deals with those matters quite exhaustively. Also chapter 20 deals with its application aspects. Section 323 of the same provides for a national council for industrial health and safety. Bangladesh is necessarily a member of ILO. On the ILO core conventions, Bangladesh has ratified the following International Labour Conventions (ILCs):

 ILC 29 (Forced Labour),

 ILC 87 (Freedom of Association and Protection of the Right to Organize),

 ILC 98 (Right to Organize and Collective Bargaining),

 ILC 100 (Equal Remuneration),

 ILC 105 (Abolition of Forced Labour),

 ILC 111 (Discrimination in Employment and Occupation), and

 ILC 182 (Elimination of the Worst Forms of Child Labour) etc.

The ILO convention C 155 and C161 are concerned with the Occupational Safety and Health and the Occupational Health Services respectively. Although these convention are not yet ratified in Bangladesh but many of the recommendations of these conventions have been practiced to some extent through the implementations of existing various laws and regulations. In The Bangladesh Labour Code, 2006 and in some other laws and regulations there are various chapters that are relatable to occupational health and safety.

Health &Hygiene:

Provisions Regarding Cleanliness (section 51):

Section 51 of the Bangladesh Labor Act insists on cleanliness in the place work. Every factory must be kept in a clean state and free from effluvial arising from drain etc. Accumulation of dirt and refuses must be removed daily. All floors, walls and ceiling of the factory must be washed within certain period of time. There is also provision for repainting. The following outlines of the cleanliness provisions of Labor Act are given below— 

● No rubbish, filth or debris shall be allowed to accumulate or to remain in any part of the establishment and proper arrangements shall be made for maintaining in a reasonable clean and drained condition for the workers of the established.

● Every establishment shall be kept clean free from effluent arising from drain, privy or other nuisance and accumulation of dirt refuge shall be moved daily by sweeping or by any other effective method from the floors and benches of workrooms and from staircases and passage, and disposed of in a suitable manner.

● The floor of every work-room shall be cleaned at least once in every week by washing to use disinfectant where necessary or by some other effective method.

●Where the floor is liable to become wet in the course of any manufacturing process to such extent as is capable of being drained effective means of drainage shall be provided and maintained.

● All inside walls and partitions, all ceilings, or tops of rooms and walls, side and tops or passage and staircases shall be repainted or re-varnished; where they are pained or varnished and have smooth impervious surfaces, be cleaned at least once in every fourteen month, by such method as may be prescribed; and in any other case, be kept white-washed or color-washed and the white-washing or color-washing shall be carried out at least once in every fourteen months.

Provisions Regarding Ventilation and Temperature (section 52):

The Bangladesh Labor Act makes suitable and effective provisions for adequate ventilation and temperature. A reasonable temperature must be maintained. Each work room must adequately ventilated by circulation of fresh air. Section 52 of the Act calls for proper ventilation in work place where injurious, poisonous or asphyxiating gash dust or other impurities evolved from any process carried on, in such establishment. The following outlines of the ventilation and temperature provisions of Labor Act are given below— 

● Effective measure shall be undertaken in every establishment for securing and maintaining in every work-room adequate ventilation by the circulation of fresh air.

● Temperature in every room shall be kept in such as well ensure to workers there in reasonable conditions of comfort and prevent injury to health.

● Where the nature of the work carried on in an establishment involves, or is likely to involves, the production of excessively high temperature, such adequate measures as are practicable shall be taken to protect the workers there from by separating the process which produces such temperature from the work-room by insulating the hot parts or by other effective means.

● If it appears to the government that in any establishment or class or description of establishment excessively high temperature can be reduced by such methods as white-washing, spraying or insulating and screening outside walls or roofs or windows or by raising the level of the roofs, or by insulating the roofs either by an air space and double or by the use of insulating roof materials, or by other methods, it may prescribed such of those or other methods to be adopted in the establishment.

Provisions Regarding Protection from Dust and Fume (section 53):

The Bangladesh Labor Act, 2006 provides provision for removing any dust or fumes from the workplace which may be injurious to workers under section 53. The following outlines of the dust and fume provisions of Labor Act are given bellow— 

● In every establishment in which, by reason of the manufacturing process carried on, there is given of any dust or fume or other impurity of such a nature and to such extent likely to be injurious or offensiveness to the workers employed therein, effective measure shall be taken to prevent its accumulation in any work necessary for this purpose. It shall be applied as near as possible to the point of origin of the dust, fume other impurity, and such point shall been closed so far as possible.

● In any establishment no stationary internal combustion engine shall be operated unless the exhaust is conducted into open air, and no internal combustion engine shall be operated in any room unless effective measures have been taken to prevent such accumulation of fumes there form as are likely to be injurious to the workers employed in the work-room. The failure for protection of dust and fume in any establishment is a continuous offence. If the violation of the provision is occurred in only one then it seems that the offense occurred continuously.

Provisions Regarding Waste Disposal Services (section 54):

Section 54 of the Act states that effective arrangements shall be made in every establishment for the disposal of wastes and influents due to the manufacturing process carried on therein. In the case of factory situated in a place when no public sewerage system exists, prior approval of the arrangements made for the disposal of the waste and effluent shall be obtained from the chief inspector who shall act in this behalf in consulting with Directorate of Health Services.

Provisions Regarding Artificial Humidification (section 55):

Artificial humidification means the introduction of moisture into the air of a room by any artificial means whatsoever, except the unavoidable escape of steam or water vapour into the atmosphere directly due to a manufacturing process. Section 55 of the Bangladesh Labor Act provides the following provisions regarding artificial humidification— 

● In any establishment in which the humidity of the air is artificially increased, the water used of the purpose shall be taken from a public supply, other source of drinking water, or shall be effectively purified before it is so used.

● If it appears to an Inspector that the water used in a factory for increasing humidity which is required to be effectively purified under sub-section (1) is not effectively purified, he may serve on the employer an order in writing, specifying the measures which in his option, should be adopted, and requiring them to be carried out before a specified date.

Provisions Regarding Overcrowding (section 56):

The Labor Act prevents overcrowding by maintaining a specific cubic area for each worker in any establishment.

● No work-room in any establishment shall be overcrowded to an extent injurious to the death of the workers employed in any work place.

● At least 9.5 cubic meter of space for every worker employed in a work-room shall be provided but no account shall be taken of a space which is more than 4.5meter above level of the floor of the room.

Provisions Regarding Lighting (section 57):

Sufficient and suitable lighting must be maintained in every part of an establishment in which person are working or passing. As long as workers are present in an establishment, the latrines, passages, stairs, hoists, ground and all other parts of the establishment in so far as the entrance of the said places is not close, must be lighted in such manner that safety and comfort to work are fully secured.

● In every part of an establishment where workers are working or passing, there shall provided and maintained sufficient and suitable lighting, natural or artificial, or  both.

● Windows and skylight must be kept in clean. In every establishment all glazed windows and skylight use for the lighting of the work-room shall be kept clean on both the outer and inner surfaces and free form obstruction as far as possible. In every establishment effective provisions shall be made for the prevention of glare either directly from any source of light or by reflection form a smooth or polished surface, and the formation of shadow to such and extend as to cause eyestrain or risk of accident to any worker.

Provisions Regarding Drinking Water (section 58):

The Bangladesh Labor Act makes suitable arrangement to provide clean drinking water conveniently situated for all workers under section 58.

● In every establishment effective arrangement should be made sufficient supply of wholesome pure drinking water and maintain at a suitable point conveniently situated for all worker employed there in.

● All such points shall be glibly marked “Drinking Water (খাবার পানি)” in Bengali language. Provision shall be made for cooling the drinking water during the hot weather by effective means and for distribution of every establishment where in more than two hundred fifty workers is ordinarily employed.

● Effective arrangement shall be made for oral dehydration therapy for those workers who may loss water from their bodies for working near or around machineries producing excessive hits, and

● In addition, in every establishment and arrangement of drinking water for every is to be provided free of charge.

Provisions Regarding Latrines and Urinals (section 59):

Sufficient and suitable sanitary convenience must be provided, with separate accumulation where persons are both sexes are employed. The convenience must be kept clean and well-lit and ventilated. Section 59 of the Act stipulates the following provision regarding latrine and urinals.

● In every establishment sufficient latrines and urinals of prescribed types shall be provided conveniently situated and accessible to workers at all times while they are in the establishment.

● In every establishment enclosed latrines and urinals shall be provided separately for male and female workers.

● In every establishment such latrines and urinals shall be adequately lighted, ventilated and supplied with water all time.

● In every establishment such latrines and urinals shall be maintain in a clean and sanitary condition at all the times with suitable detergent or disinfectants or with both.

Provisions Regarding Spittoons (section 60):

According to the section 60 of the Act, in establishment there shall be provided, at convenient places, a sufficient number spittoons which shall be maintained in a clean and hygienic condition. No person shall spit within the premises of an establishment except in the spittoons provided for the purpose. A notice continue this provision and the violation of this provision shall amount to punishable offence shall be prominently displayed at suitable places in the premises.

Safety (section 61-78)

Provisions Regarding safety of building and machinery (section 61):(1)If it appears to the Inspector that any building or part of a building or any part of the ways, machinery or plant in an establishment is in such a conditions that it is dangerous to human life or safety, he may serve on the employer of the establishment an order in writing specifying the measures which, in his opinion, should be adopted, and requiring them to be carried out before a specified date.

(2) If it appears to the Inspector that the use of any building or part of a building or of any part of the ways, machinery or plant in the establishment involves imminent danger to human life or safety, he may serve on the employer of the establishment an order in writing prohibiting its use until it has been properly repaired or altered.

Provisions Regarding precaution in case of fire (section 62):

Section 62 deals with the provisions for measures to be taken by a factory to avoid dangers and damage due to fire. The section provides for the following:

(1) Every establishment shall be provided with at least one alternative connection stairway with each floor and such means of escape in case of fire and firefighting apparatus, as may be prescribed by rules.

(2) If it appears to the inspector that any establishment is not provided with the means of escape prescribed under sub-section (1) he may serve on the employer of the establishment an order in writing specifying the measures which in his opinion, should be adopted before a date specified in the order.

(3) In every establishment the doors affording exit from any room shall not be locked or fastened so that they can be easily and immediately opened from inside while any person is within the room and all such doors, unless they are of the sliding type, shall be constructed to open outwards or where the door is between two rooms, and all such doors, unless they are of the sliding type, shall be constructed to open outwards or where the door is between two rooms, in the direction of the nearest exit from the building and no such door shall be locked or obstructed while work is being carried on in the room.

(4) In every establishment every window, or other exit affording means of escape in case of fire, other than the means of exit in ordinary use, shall be distinctively marked in Bangla and in red letters of adequate size or by some other effective and clearly understood sign.

(5) In every establishment every window, door, or other exit affording means of escape in case of fire to every person employed therein.

(6) A free passage-way giving access to each means of escape in case of fire shall be maintained for the use of all workers in every room of the establishment.

(7) In every establishment wherein more than ten workers are ordinarily employed in any place above the ground floor, or explosive or highly inflammable materials are used or stored, effective measures shall be taken to ensure that all the workers are familiar with the means of escape in case of fire and have been adequately trained in the routine to be followed in such case.

(8) In factories wherein fifty or more workers and employees are employed shall arrange at least once in a year a mock fire-fighting and the employer shall maintain a book of records in this regards.

Provisions Regarding fencing of machinery (section 63):

(1) In every establishment the following shall be securely fenced by the safeguards of substantial construction which shall be kept in position while the part of machinery required to be fenced are in mention or in use, namely

(a) every moving part of a prime mover, and every fly wheel connected to a prime mover;

(b) the head-race and tail-race of every water wheel and water turbine;

(c) any part of a stock-bar which projects beyond the head stock of a lathe; and

(d) unless they are in such position or of such construction as to be as safe to every person employed in the establishment as they would be if they were securely fenced

(i) every part of an electric generator,- a motor or rotary converter,

(ii) every part of transmission machinery, and

(iii) every dangerous part of any machinery: Provided that, for the purpose of determining whether any part of machinery is safe as aforesaid, account shall not be taken of any occasion when it being necessary to make an examination of the machinery while it is in motion, such examination or operation is made or carried in accordance with the provisions of section.

(2) without prejudice to any other provision of this Act relation to the fencing o machinery, every set screw, bolt and key on any revolving shaft, spindle wheel or pinion and all spur, worm and other toothed or friction gearing in motion with which such worker would otherwise be liable to come into contact, shall be securely fenced, to prevent such contact.

Provisions Regarding work on or near machinery in motion (section 64):

(1) Where in any establishment it becomes necessary to examine any part of machinery referred to in section 61 while the machinery is in motion or as a result o such examination to carry out any mounting or shipping of belts, Lubrication or other adjusting operation while the machinery is in motion such examination or operation shall be made or carried out only by a specially trained adult male worker wearing tight-fitting clothing whose name has been recorded in the register prescribed in this behalf and while he so engaged such worker shall not handle a belt at a moving pulley unless the belt is less than fifteen centimeters in width and unless the belt-joint is either laced or flush with the belt.

(2) The Government may, by notification in the official Gazette, prohibit, in any specified establishment, the cleaning, lubricating, or adjusting by any person of specified part of machinery when those parts are in motion.

Provisions Regarding striking gear and devices for cutting off power (section 65):

(1) In every establishment-

(a) suitable striking gear or other efficient mechanical appliance shall be provided and maintained and used to move driving belts to and from fast and loose pulleys which from part of the transmission machinery, and such gear or appliances shall be so constructed, placed and maintained as to prevent the belt from cropping back on the first pulleys;

(b) driving belts when not in use shall not be allowed to rest or ride upon shafting in motion.

(2) In every establishment suitable devices for cutting off power in emergencies from running machinery shall be provided and maintained in every work-room.

Provisions Regarding self-action machines (section 66):

No traversing part of a self-acting machine in any establishment and no material carried thereon shall, if the space over which it runs is a space over which any person is liable to pass whether in the course of his employment or other distance of forty five centimeters from any fixed structure which is not part of the machine.

Provided that the chief Inspector may permit the continued use of a machine installed before the commencement of this Act which does not comply with the requirements of this section on such conditions for ensuring safety as he may think fit to impose.

Provisions Regarding casing of new machinery (section 67):

In all machinery driven by power and installed in any establishment after the commencement of this Act-

(a) every set screw, belt or key or any revolving shaft, spindle wheel or pinion shall be so, sunk, encased or otherwise effectively guarded to prevent danger; and

(b) all spur, worm and other toothed or friction gearing which does not require frequent adjustment while in motion shall be completely encased unless it is so situated as to be as safe it would be if it were be if were completely encased.

Provisions Regarding cranes and other lifting machinery (section 68):

The following provisions shall apply in-

(a) every part thereof, including the working gear, whether fixed or movable, ropes and chains and anchoring and fixing appliances shall be

(i) of good construction, sound material and adequate strength,

(ii) properly maintained,

(iii) thoroughly examined by a competent person at least once in every period of twelve months and a register shall be kept containing the prescribed particulars of every such examination;

(b) no such machinery shall be loaded beyond the safe working load which shall be plainly marked thereon; and

(c) while any person is employed or working on or near the wheel-tract of a traveling crane in any place, where he would be liable to be struck by the crane, effective measures shall be taken to ensure that crane does not approach within six meter of that place.

Provisions Regarding hoists and lifts (section 69):

(i) In every establishment every hoist and lift shall be-

(a) of good mechanical construction, sound material and adequate strength,

(b) properly maintained,

(c) shall be thoroughly examined by competent person at least once in every period of six months, and a register shall be kept containing the prescribed particulars of every such examination;

(2) every hoist way and lift way shall be sufficiently protected by an enclosure fitted with gates, and the hoist or sift and every such enclosure shall be so constructed as to prevent any person or thing from being trapped between any part of the hoist or lift and any fixed structure or moving part;

(3) the maximum safe working load shall be plainly marked on every hoist or lift and no load greater than such load shall be carried thereon;

(4) the cage of every hoist or lift used for carrying persons shall be fitted with a gate on each side from which access is afforded to a landing;

(5) every gate referred to in subsection (2) or (4) shall be fitted with interlocking or other efficient device to secure that the gate cannot be opened except when the cage is at the landing and that the cage cannot be moved unless the gate is closed.

(6) The following additional requirements shall apply to hoists and lifts used for carrying persons and installed or reconstructed in an establishment after the commencement of this Act, namely-

(a) Where the cage is supported by rope or chain there shall be at least two ropes or chains separately connected with its attachments shall be capable of carrying the whole weight of the cage together with its maximum load;

(b) Efficient devices shall be provided and maintained capable of supporting the cage together with its maximum load in the event of breakage of the ropes, chains or attachments;

(c) an efficient automatic device shall be provided and maintained to prevent the cage from over-running.

(7) The chief Inspector may permit the continued use of a hoist or lift installed in an establishment before the commencement of this Act which does not fully comply with the provisions of subsection (1), (2), (3), (4) and (5) upon such conditions for ensuring safety as he may think fit to impose.

Provisions Regarding revolving machinery (section 70):

(1) In every room in an establishment in which the process of grinding is carried on, there shall be permanently affixed to, or placed near, each machine in use a notice indicating the following-

(a) maximum safe working peripheral speed of every grind stone or abrasive wheel;

(b) the speed of the shaft or spindle upon which the wheel is mounted;

(c) the diameter of the pulley upon such shaft or spindle necessary to secure such safe working peripheral speed.

(2) The speeds indicated in notices under sub-section (1) shall not be exceeded.

(3) Effective measures shall be taken in every revolving vessel, cage, basket, flywheel, pulley dice or similar appliance driven by power is not exceeded.

Provisions Regarding pressure plant (section 71):

If in any establishment any part of the plant or machinery used in manufacturing process is operated at a pressure above atmospheric pressure, effective measures shall be taken to ensure that the safe working pressure of such part is not exceeded.

Provisions Regarding floors, stairs and means of access (section 72):

In every establishment-

(a) all floors, stairs, passages and gangways shall be of sound construction and properly maintained and where it is necessary to ensure safety steps, stairs, passages and gangways shall be provided with substantial handrails;

(b) there shall, so far as is reasonably practicable, be provided and maintained safe means of access to every place at which any person is, at any time, required to work; and

(c) all floors, ways and stairways shall be clean, wide and clear of all obstructions.

Provisions Regarding pits, sumps, opening in floors, etc. (section 73):

(1) In every establishment, every fixed vessel, sump, tank, pit or opening in the ground or in a floor which, by reason of its depth, situation, construction or contents is or may be a source of danger, shall be either securely covered or securely fenced.

Provisions Regarding excessive weights (section 74):

No person shall be employed in any establishment to lift, carry or move any load so heavy as to be likely to cause him injury.

Provisions Regarding protection of eyes (section 75):

The Government may, in respect of any manufacturing process carried on in any establishment, by rules, require that effective screens of suitable goggles shall be provided for the protection of persons employed on, or in the immediate vicinity of a process which involves-

(a) risk of injury to the eyes from particles or fragments thrown off in the course of the process, or

(b) risk to the eyes by reason of exposure to excessive light or heat.

Provisions Regarding powers to require specifications of defective parts or tests of stability (section 76):

If it appears to the inspector that any building or part of a building or any part of the ways, machinery or plant in an establishment, is in such a condition that it may be danger us to human life or safety, he may serve on the employer of the establishment an order in writing, requiring him before a specified date.

(a) to furnish such drawings, specifications and other particulars as may be necessary to determine whether such building, ways, machinery or plant can e used with safety, or

(b) to carry out such tests as may be necessary to determine the strength or quality or any specified parts and to inform the Inspector of the result thereof.

Provisions Regarding precautions against dangerous fumes (section 77):

(1) In any establishment no person shall enter or be permitted to enter any chamber, tank, vat pit, pipe, flue or other confined space in which dangerous fumes are likely to be present to such an extent as to involve risks of persons being overcome thereby, unless it is provided with a manhole of such size, as may be prescribed or other effective means of egress.

(2) No portable electric light of voltage exceeding twenty-four volts shall be permitted in any establishment for use inside any confined space such as is referred to in sub-section (1) and where the fumes present are likely to be permitted to be used in such confined space.

(3) No person in any establishment shall enter or be permitted to enter any such confined space until all practicable means have been taken to remove any fumes which may be present and to prevent any ingress of fume and unless either

(a) a certificate in writing has been given by a competent person, based on a test carried out by himself, that the space is from dangerous fumes and fit for persons to enter, or

(b) the worker is wearing suitable breathing apparatus and a belt securely attached to a rope, the free end of which is held by a person standing outside the confined space.

(4) Suitable breathing apparatus, reviving apparatus and belts and ropes shall, in every establishment, be kept ready for instant use beside any such confined space. As aforesaid which any person as entered, and all such apparatus shall be periodically examined and certified by a competent person to be fit for use; and a sufficient number of persons employed in every establishment shall be trained and practiced in the use of all such apparatus and in the method of restoring respiration.

(5) No person shall be permitted to enter in any establishment, any boiler furnace, boiler, flue chamber, tank, at, pipe or other confined space for the purpose of working or making any examination therein until it has been sufficiently cooled by ventilation or otherwise to be safe for persons to enter.

Provisions Regarding explosive or inflammable dust, gas, etc. (section 78):

(1) where in any establishment any manufacturing process produces dust, gas, fume or vapour of such character and to such extent as to be likely to explode on ignition, all practicable measures shall be taken to prevent any such explosion by-

(a) effective enclosure of the plant or machinery used in the process;

(b) removal or prevention of the accumulation of such dust, gas, fume or vapour;

(c) Exclusion or effective enclosure of all possible sources of ignition.

(2) Where in any establishment the plant or machinery used in a process is not so constructed as to withstand the probable pressure which such an explosion as aforesaid would produce, all practicable measure shall be taken to restrict the spread and effects of the explosion by the provision in the plant or machinery of chokes,

(3) Where any part of the plant or machinery in an establishment contains any explosive or inflammable gas or vapour under pressure greater than atmospheric pressure, that part shall not be opened except in accordance with the following provisions, namely-

(a) before the fastening of any joint of any pipe connected with the part of the fastening of the cover of any opening into the part is loosened, any flow of the gas or vapour into the part or any such pipe shall be effectively stopped by a stop-valve or other means;

(b) Before any such fastening as aforesaid is removed, all practicable measures shall be taken to reduce to pressure of the gas or vapour in the part or pipe to atmospheric pressure;

(c) where any such fastening, as aforesaid, has been loosened or removed, effective measures shall be taken to prevent any explosive or inflammable gas or vapour from entering the part or pipe until the fastening has been secured; or as the case may be, securely replaced.

Provided that the provisions of this sub-section shall not apply in the case of plant or machinery installed in the open air.

(4) No plant, tank or vessel which contains or has contained any explosive or inflammable substance shall be subjected in any establishment to any welding, brazing, soldering or cutting operation which involves the application of heat unless adequate measures have been first taken to remove such substance and any fumes arising there from o to render such substance shall be allowed to enter such plant, tank or vessel after any such operation until the mental has cooled sufficiently to prevent any risk of igniting the substance. 

SPECIAL PROVISIONS RELATING TO HEALTH HYGIENE AND SAFETY (section 79 -88)

Provisions Regarding dangerous operations (section 79):

Where the Government is satisfied that any operation carried on in an establishment exposes any person employed in it to a serious risk of bodily injury, poisoning, or disease, it may make rules applicable to such establishment or class of establishments in which such operation is carried on

(a) specifying the operation and declaring it to be hazardous;

(b) prohibiting or restricting the employment of women, adolescents or children in the operation;

(c) providing for the periodical medical examination of persons employed in the operation and prohibiting the employment of persons not certified as fit for such employment;

(d) providing for the protection of all persons employed in the operation or in the vicinity of the places where it is carried on and the use of any specified materials or processes in connection with the operation; and

(e) notice specifying use and precautions regarding use of any corrosive chemicals.

Provision regarding notice to be given of accidents (section 80):

(1) When any accident occurs in an establishment causing loss of life or bodily injury, or when an accidental explosion, ignition, outbreak of fire or irruption, outbreak of fire or irruption of water or fumes occurs in an establishment, the employer of the establishment shall give notice of the occurrence to the Inspector within two working days.

(2) Where an accident mentioned in sub-section (1) causes bodily injury resulting in the compulsory absence from work of the person injured for a period exceeding forty eight hours it shall be entered in a register in the prescribed from.

(3) A copy of the entries in the register referred to in sub-section (2) shall be sent by the employer of the establishment, within fifteen days after the 30th day of june and the 31st day of December in each year, to the chief Inspector.

Provision regarding notice of certain dangerous occurrences (section 81):

Where in an establishment, any dangerous occurrence of such nature as may be prescribed, occurs, whether causing any bodily injury or not, the employer of the establishment shall send notice thereof the Inspector within three working days.

Provision regarding notice of certain disease (section 82):

(1) Where any working in an establishment contacts any disease specified in the second schedule, the employer or the worker concerned or any person authorized by him in this behalf shall send notice thereof to the Inspector in such prescribed form and within such time as may be prescribed by Rules.

(2) If any registered medical practitioner attends on a person who is, or has been employed in an establishment and who is, or is believed by such medical practitioner to be, suffering from any disease specified in the second Schedule, the medical practitioner shall, without delay, send a report in writing to the chief Inspector stating-

(a) the name and postal address of the patient;

(b) the disease from which he believes the patient to be suffering;

(c) the name and address of the establishment in which the patient is or was last employed.

(3) The Government may add to or subtract from the Second Schedule any disease by notification in the official Gazette.

Provisions Regarding power to direct enquiry into cases of accident or disease (section 83):

(1) When any accidental explosion, ignition, outbreak of fire or irruption of water or other accident has occurred in any establishment or when any disease specified in the second schedule has been or suspected ot have contracted in any establishment, the government, if it is of opinion that a formal enquiry into the cases, of, and circumstance attending, the accident or disease ought to be held, may appoint a competent person to holding the enquiry.

(2) The person appointed to hold any such enquiry shall have all the power of a Civil Court under the Code of Civil Procedure,1908 for the purpose of enforcing the attendance of witnesses and compelling the production of documents and material objects; and every person required by such person as aforesaid to furnish any information shall be deemed to be legally bound to do so within the meaning of section 176 of the penal code.

(3) Any person holding an enquiry under this section may exercise such of the powers of an Inspector under this Act as he may think it necessary or expedient to exercise for the purposes of the enquiry.

(4) The person-holding enquiry shall make a report to the Government stating the causes of the accident and its circumstances, and adding any observations, which he and any of the assessors may think fit to make.

(5) The Government may, cause report to be punished at such time and in such manner as it may think fit.

Provisions Regarding power to take samples (section 84):

(1) An Inspector may, at any time during the normal working hours, informing the employer of an establishment, take, in the manner hereinafter provided, a sufficient sample of any substance used or intended to be used in the establishment such use being, in the opinion of the Inspector in contravention of the provisions of this Act or of the rules, or likely to cause bodily injury to or injury to the health of, workers in establishment.

(2) Where the Inspector takes such sample, he shall, in the presence of the employer, unless he willfully absents himself, divide the sample into three portions and effectively seal and suitable mark them shall permit the employer to add his own seal and mark thereon.

(3) The employer shall, if the Inspector so requires, provide the appliances for dividing, sealing and marking the sample taken under this section.

(4) The Inspector shall forthwith give one portion of the sample to the employer, send the second portion to a Government Analyst for analysis and report thereon and retain the third portion for production to the court before which proceedings, if any are instituted in respect of the substance.

(5) Any document, purporting to be a report under the hand of any Government analyst upon any substance submitted to him for analysis and report under this section, may be used as evidence in any proceedings instituted in respect of the substance.

Provisions Regarding powers of Inspector in case of certain danger (section 85):

(1) If, in respect of any matter for which no express provision is made by or under this Act, it appears to the Inspector that any establishment or any part thereof or any matter, thing or practice in or connected with the establishment or with the control, management or direction thereof, is dangerous to human life or safety or thereof, is dangerous to human life or safety or defective so as to threaten, or tend, to the bodily injury of any person, he may give notice in writing thereof to the employer of the establishment, and shall state in the notice the particulars in respect of which he considers the establishment, or part thereof, or the matter, thing or practice, to be dangerous or defective and require the same to be remedied within such time and in such manner as he may specify in the notice.

(2) Without prejudice to the generality of the provisions contained in sub-section (1), the Inspector may, by order in writing direct the employer prohibiting the extraction or reduction of pillars in any part of such establishment if, in his opinion, such operation is likely to cause the crushing of pillars or the premature collapse of any part of the workings or otherwise endanger the establishment,

(3) If the Inspector is of opinion that there is urgent and immediate danger to the life or safety of any person employed in any establishment or part thereof, he may, by an order in writing containing a statement of the grounds of his opinion, prohibit, the employer concerned, until he is satisfied that the danger is removed, the employment in or about the establishment or part thereof of any person whose employment is not, in his opinion, reasonably necessary for the purpose of removing the danger.

(4) The employer, if is aggrieved by the order under sub-section (3) may, within ten days of the receipt of the order, appeal against the same to the chief Inspector who may confirm modify or cancel the order.

(5) The Inspector making an order under sub-section (1) or (3), shall forthwith report the same to the Government and shall inform the employer concerned that such report has been so made.

(6) The chief Inspector, shall forthwith report to the Government any order, except the order of cancellation passed by him under sub-section (4), and shall also inform the employer concerned that such report has been so made.

(7) Any employer, if has any objection against any order made under sub-section (1), or (4) may inform the Government within 20 days of receipt of the order in Writing with cause thereof and the Government shall sent it to a committee for decision.

(8) The employer shall comply with the order against which objection has been made until such decision of the committee is received. Provided that on application made by the employer the order passed under sub-section (1) may be suspended, till pending decision of the committee.

Provisions Regarding information about dangerous building and machinery (section 86):

(1) Where any worker finds that any machinery or building used by the workers in any establishment in which he is employed is in such a dangerous condition that it is likely to cause physical injury to any worker at any time he shall inform the employer of it in writing immediately after it has come to his notice.

(2) if the employer fails to take appropriate action on such information within three days and any injury is caused to any worker because of the use of such equipment, machinery or building, he shall be liable to pay compensation to the worker injured at a rate which may be double the rate of compensation payable for such injury under chapter XII.

Provisions Regarding restriction of employment of women in certain work (section 87) :

The provisions of sections 39, 40 and 42 shall apply to a woman worker as they apply to an adolescent worker.

Provisions Regarding power to make rules to supplement this chapter (section 88 ) :

The Government may make rules requiring that-

(a) In any establishment such further devices and measures for securing the safety of the persons employed therein, shall be adopted;

(b) Work on a manufacturing process carried on with the aid of power, shall not be begun, in any building or part of a building in an establishment until a certificate of stability in the prescribed form has been received by the chief Inspector.

Whether this act is an exhaustive act for health, hygiene & safety at work:

This act is not an exhaustive act for health, hygiene & safety at work. Besides this act there are some other laws which deal with health, hygiene & safety at work. For example –

Ø The Boilers Act 1923

Ø The Mines Act 1923 etc.

Sec. 6 of The Boilers Act 1923 deals with prohibition of use of unregistered & uncertified boiler at work.

Chapter 5 of The Mines Act 1923 deals with health, hygiene & safety at work. Besides this, sec. 263 of Bangladesh Labour Act 2006 deals with safety of dock workers.

National council for Industrial health and safety:

The Government may, by notification in the official Gazette, constitute a council, to be called the National council for Industrial health and safety.

The council shall-

(a) Prepare national policy for ensuring safety in industrial establishments and maintaining healthy and hygienic conditions of work and atmosphere therein;

(b) Frame guidelines for implementation of its policy.

Criticism:

·        There is no provision for controlling sound pollution at the establishment.

·        There is no provision for using sign language in case of emergency & other circumstances to warn the workers who continue their work in a loud environment at the establishment.

·        There is no provision for using gloves & mask where necessary so that they are not contacted with an occupational disease or they do not spread any disease from them.

·        There is no provision relating to safety at work in transport & construction industry.

·        Power of Inspector is discretionary. In most cases whether an establishment is unhealthy & unhygienic or not solely depends on the discretionary power of the inspector. Again the giving of notice to the employer to take effective measures where there is a violation of any section of chapter 5, 6 & 7 also depends on the discretionary power of the inspector.

·        There is no definition of the term government used in various sections of chapter 5, 6 & 7 of Bangladesh Labour Act 2006. However in sec. 210(3) the term government has meant the director of labour & conciliator. But in sec. 317, it says that the government can appoint the director of labour & conciliator. So the term government still remains vague.

·        The term committee has not defined in sec.85 and also there is no provisions regarding appointment of member of the committee, the power of the committee, the jurisdiction of the committee, what procedure the committee will follow.

·        The term competent person has not defined in sec.83 and there has not provided any requirement for his appointment.

Comparative discussions with ILO conventions:

The government of Bangladesh has ratified almost 30 ILO conventions. Among these only 32 ILO convention deals with safety of workers employed in loading & unloading ships. The provisions of this convention are almost as similar as the provision provided in sec. 263 regarding safety of dock workers. Besides this, there are 2 ILO conventions which deal with health, hygiene & safety though not ratified by Bangladesh. These are –

Ø ILO convention 155

Ø ILO convention 161

Conclusion:

Though Bangladesh Labour Act 2006 is a consolidating & amending act however, sometimes this act is not exhaustive & specific. Again some unnecessary provisions included here make it confusing & vague. Chapters relating to health, hygiene & safety also suffer the same problem. Besides this, there are some loopholes relating to this chapter which have been mentioned under the heading criticism. If these loopholes & confusions have been removed these provisions then the worker will get the true benefit of these provisions.

                                                                                                             -Habib