Salient Features of Occupational Health, Safety & Welfare of Bangladesh Labor Law 2006

(Part-1) 

Introduction

Today, I will discuss various occupational Safety related sections in accordance with Bangladesh Labor Law 2006. There are 78 sections out of 354 sections of the law describe Occupational Health, Safety and Working Environment. We can presume that Occupational Health, Safety and Working Environment is given one of the important priority in Bangladesh Labor Law 2006.

1. Safety of building and machinery (Section 61)

Measures to be taken as regards the safety measures related to building and machinery. The present law entrusts everything to be done in this regard with the Inspectors. The section goes as follows:

1.1 If it appears to an Inspector that any building or part thereof or any passageway or machine of the factory is in such a condition which is injurious for the life and health of the workers working therein, the Inspector may issue an order to the owner of the factory to take necessary steps immediately within the specified time therein. 

1.2. If the Inspector is of the opinion that the building or any machine is seriously dangerous for the life of the worker, he shall issue an order to repair or alter that immediately failing which, to not run the factory unless and until the building is so repaired or replaced.

2. 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: 

2.1. At least one alternative exit with staircases connecting all the floors of the factory building as described in the rules for each and every factory.

2.2. No door affording exit can be locked or fastened during the working hours so that they can be easily or immediately opened from inside.

2.3. The doors affording exit must be open outwards, unless it is sliding in nature, if the door is between two rooms it must open in the direction of the nearest exit. 

2.4. Marking in red letter in proper size, in the language understood by the majority of the workers, on such doors, windows or any alternative exit affording means of escape in case of fire. 

2.5. There shall be an effective and clearly audible means of fire-warning system to every worker.

2.6. There shall be a free passage-way giving access to each means to escape. 

2.7. Where more than ten workers are employed other than in the ground floor, there shall be a training for all the workers about the means of escape in case of fire. 

2.8. There shall be at least one fire-extinction parade and escape-drill at least once a year in a factory where more than fifty workers are employed. 

3. Fencing of machinery (Section 63)

3.1. Factories are required to secure the following parts of machinery in order to ensure safety of the workers:

3.1.1. Every moving part of a prime mover and every fly wheel connected to a prime mover

3.1.2 The head-race and tail-race of every water wheel and water turbine

3.1.3 Any part of a stock-bar which projects beyond the head stock of a lathe

3.1.4. Every part of an electric generator, transmission machinery and other dangerous part of any machinery.

3.2. Fencing must also be done on any other parts (in motion) that contains screw, bolt and key on any revolving shaft, spindle wheel or pinion and all spur, toothed friction gearing, etc. The fencing is required to prevent these items from harming the workers coming in close contact to them.

3.3. The Government may exempt fencing of the aforesaid objects, if and only if certain other measures are adopted that will ensure safety of the workers.

3.4. The Government may prescribe such further precautions to fence certain other parts of the machinery which are not mentioned above for ensuring safety of the workers.

4.  Work on or near machinery on motion (Section 64)

Provisions of the labor law:

4.1. In case of examining, adjusting and lubricating part of machinery in motion, it is required to employ a well-trained adult male worker. The worker must wear tight-fitted clothing while conducting such jobs and no other person will be allowed to work on behalf of him during his absence.

4.2. Women and adolescent are not allowed to do the above-mentioned tasks and they are not also entitled to work in places between fixed and moving parts of any machinery in motion.

4.3. The Government may prohibit the cleaning, lubricating and adjusting, of any machinery in motion, by any person.

5. Energy isolation (Section 65)

5.1 Emergency power cut off switch must be installed with all movable equipment.

6. Crane and other lifting equipment (Section 68)

6.1 All such equipment shall be maintained properly

6.2 All such equipment shall be inspected, tested and certified annually by a competent person

6.3 Inspection, testing and certification documentation of such equipment shall be kept in a register.

6.4 All such equipment shall not be used to lift excessive weight than the operation capacity of that equipment.

6.5 Movement area of such equipment must be guarded to prevent human access.

7. Hoist and Lift (Section 69)

7.1 All such equipment shall be maintained properly

7.2 All such equipment shall be inspected, tested and certified every after six months by a competent person

7.3 Inspection, testing and certification documentation of such equipment shall be kept in a register.

7.4 All such equipment shall not be used to lift excessive weight than the operation capacity of that equipment.

7.5. Safe load carrying capacity must be clearly written on to the equipment body.

8. Floors, stairs and means of access (Section 72)

8.1. All floors, staircases, and passages shall be of sound construction and properly maintained, and if it is necessary to ensure safety, hand-railings shall be provided with them.

8.2. Reasonable safe passageway or access shall be maintained in a place where employees work. 

8.3. All the floors, passageways, and staircases shall be maintained in a neat and clean manner, wide enough, and free from any blockade.

9. Excessive Weights (Section 74)

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

10. Personal protective equipment (Section 75)

10.1. Effective screens or suitable goggles shall be provided for the protection of person’s eye where there is a risk:

10.1.1. Of injury to eyes from particles or fragments thrown off in the course of the processing

10.1.2. To the eyes, by reason of exposure to excessive light or heat.

11 Precautions against dangerous fumes (Section 77)

11.1. No person shall be allowed to enter potentially hazardous chambers, containing dangerous fumes, such as tank, vat, pit, pipe, flue or confined spaces if there is not any manhole of adequate size.

11.2. No portable light of voltage exceeding 24 volts shall be permitted to use inside places mentioned above.

11.3. No person shall be allowed to enter the places mentioned above until the following measures are taken:

11.3.1. A certificate in writing has to be given by a competent person stating that the space is free from dangerous fumes and is fit for persons to enter.

11.3.2. It has to be ensured that the worker wears a suitable breathing apparatus and a belt securely attached to a rope before going into any confined space.

11.4. No person shall be allowed to enter the places mentioned above for the purpose of working or making any examination before sufficiently cooling the places down by ventilation.

11.5. Suitable breathing apparatus, reviving apparatus and belts and ropes shall be kept ready beside the confined space for instant use.  Other workers must also be trained and proficient in the use of all such apparatus.

12. Explosive or inflammable dust or gas (Section 78)

12.1 The following practicable measures must be taken in factories to avoid explosions caused by inflammable dust, gas or vapor produced during the manufacturing process:

12.1.1. Effective enclosure of the plant or machinery used in the process

12.1.2. Removal or prevention of the accumulation of inflammable objects

12.1.3. Proper enclosure of all possible sources of ignition.

12.2. In case of the impossibility of placing a strong enclosure for the above-mentioned sources of inflammable objects, provisions of chokes, baffles, vent or other effective appliances have to be kept.

12.3. Enclosed parts of the plant that contain potentially explosive materials shall only be opened if certain required precautionary measures are met:

12.3.1. Stop valves should be used to stop flow of gaseous objects in pipelines before working on any joint of that pipeline.

12.3.2. Practicable measures should be taken to reduce pressure inside the pipeline before working on joints of that pipeline

12.3.3. Entrance of inflammable gases or vapors, into the pipeline through the joints that are to be worked on, must be carefully prevented.

12.4. Operation that requires actions of heat, such as welding, brazing, soldering or cutting, shall not be conducted in a factory that contains or previously contained inflammable objects without taking appropriate safety measures.

13. Dangerous Work (Section 79)

13.1. Providing for the protection of all persons employed in the operation or in the vicinity of the places where it is carried on, and

13.2. Providing notice about the hazardous chemical to the workers.

14. Risk assessment and prevention (Section 40 & 79)

The labor law made provisions for the government to asses certain occupation. The sections state as follows:

14.1. The government shall, by notification in the official gazette, provide a list of the dangerous machines and risky operations for the adolescent workers (Section 40[3])

14.1.2. The workers employed in such machines and/or operations shall be sufficiently trained and supervised 

14.1.3. The Government shall identify and provide a list of dangerous operations (section 79) 

15. Powers of inspectors on certain matters:

15.1. Power to require any measures as to the safety of building and machinery:

15.1.1. The inspector may serve an order specifying the measures which should be adopted or an order prohibiting its use until it has been properly repaired. (s. 61)

15.1.2. The Chief Inspector may permit the continued use of machine on such conditions for ensuring safety as he may think fit to impose. (s. 66) 

15.1.3. The Chief Inspector may permit the continued use of a hoist or lift installed in a factory upon such conditions for ensuring safety as he may think fit to impose. (s.69 [7])

15.1.4. The Inspector may serve on the employer an order in writing requiring him to furnish drawings, specifications and other particulars as may be necessary to determine whether such buildings, ways, machinery or plant can be used safely and to carry out such tests as may be necessary to determine the strength or quality of nay specified parts and to inform the Inspectors of the results thereof. (s.76)

15.2. Power to require measures as to the precautions in case of fire:

15.2.1. The inspector may serve an order specifying the measures which should be adopted before a date specified in the order. (s.62)

15.3. Notice to be given to the Inspectors: 

15.3.1. When any accident occurs in an establishment causing loss of life or bodily injury, the employer of the establishment shall give notice of the occurrence to the Inspector within two working days. (s. 80)

15.3.2. Where in an establishment any dangerous occurrence occurs whether causing any bodily injury or not the employer of the establishment shall send a notice to the Inspector within three working days. (s. 81)

15.3.3. Where any worker contacts any disease, the employer or the worker concerned or any person authorized by him shall send notice to the Inspector. (s. 82)

15.4. Power to take samples:

15.4.1. An Inspector may at any time take a sufficient sample of any substance used or intended to be used in the establishment such use being , in the opinion of him in contravention of the provisions of this Act or likely to cause bodily injury to the health of workers.( s.84 )

15.4.2. Where the Inspector takes such sample, he shall divide the sample into three portions and effectively seal and suitably mark them and shall permit the employer to add his own seal and mark thereon.

15.4.3. If the Inspectors requires the employer shall provide the appliances for dividing, sealing and marking the sample.

15.4.4. The inspector shall give one portion of the sample to the employer , send the second portion to a Government analyst and report  thereon and retain the third portion for production to the Court.

15.5. Power of Inspectors in case of certain dangers;

15.5.1. If, it appears to the Inspectors that any establishment or any part thereof or with the control, management or direction thereof,  is dangerous to human life or safety or defective, so as to threaten to the bodily  injury of any person, he may give notice in writing to the employer in respect of which he considers the establishment or the thing or practice, to be dangerous or defective and require the same to be remedies within such time and in such manner as he may specify in the notice.

15.5.2. The Inspector may, by order in writing direct the employer prohibiting the extraction or reduction of pillars in any part of such establishments.

15.5.3. The Inspector may by an order in writing prohibit the employer if he thinks that there is urgent and immediate danger to the life.   30

15.5.4. The employer if is aggrieved by the order 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.

15.5.5. The inspector making an order report the same to the Government and shall inform the employer concerned that such report has been so made.

15.5.6. The Chief Inspector shall report to the Government any order, except the order of cancellation passed by him and shall also inform the employer concerned that such report has been so made.

In the next articles I will discuss ‘Health and Hygiene’ and ‘welfare’ sections of the Bangladesh Labor Law 2006. 

(Part-2)

1. Introduction

Today, I will discuss various occupational Safety related sections in accordance with Bangladesh Labor Law 2006. In my last discussion (Part-1), I described Occupational Health & Safety sections. In this discussion, I will highlight Health, Hygiene and Welfare sections of Bangladesh Labor Law 2006.

WELFARE

2. First Aid Appliances (Section 89)

2.1. First Aid boxes or cupboard equipped with the contents prescribed by rules should be provided in every establishment

2.2. A well equipped first aid box or cabinet for every 150 labor

2.3. A person, who has to be always available in the factory, trained in first aid knowledge assigned for every first aid box

2.4. Notice regarding the availability of that person in every working room and a special badge issued for that person

2.5. An ambulance and a well-equipped dispensary for every 300 workers employed in a factory.

3. Washing facilities (Section 91)

3.1. One water tap for every 15 worker who are coming into close contact of noxious substances

3.2. Workers who are not working with noxious substances shall be entitled to get the following facilities:

Number of Workers             Number of Taps

0-20                                          1

21-35                                        2

36-50                                        3

51-150                                       4

151-200                                     5

200-500                                     5+ 1 for every additional 50 or part thereof

More than 500                             11+1 for every additional 100 or part thereof

3.3. At least one gallons of water supply for each and every worker per day employed in a factory.

4. Canteens (Section 92)

A canteen for every 100 workers.

5. Shelters/ rest rooms and lunch rooms (Section 93)

A provision of a rest room for every 50 or more workers and a separate rest room for the female workers numbering over 25. But if the number of female workers is below 25 then the factory management shall manage a curtain in the same rest room to create a separate resting space for the female workers.

6. Rooms for children (Section 94)

A provision of a children’s room for every 40 female workers with children below 6 years of age. The room is required to be of such an area so that it can provide 600 square centimeters of space for each child and the minimum height of such room shall not be less than 360 centimeters.

HEALTH AND HYGIENE

1. Cleanliness (Section 51)

1.1. Every factory shall be kept clean and free from effluvia arising out of any drain, privy, or any other nuisance in the following manner:

1.1.1. Accumulation of dirt and refuge shall be moved daily by sweeping from floors and benches of workrooms, staircases and passages;

1.1.2. The floors of every work room shall be cleaned by washing at least once in a week using disinfectant;

1.1.3. Effective drainage shall be provided and maintained where the floor is liable to become wet in course of any manufacturing process to such extent as is capable of drainage;

1.1.4. All inside walls and partitions, all ceilings or tops of the rooms and walls, side and top of the passageways and staircase shall be-

1.1.4.1. Repainted or re-varnished at least once in every five years from when they are painted or varnished

1.1.4.2. cleaned at least once in every fourteen month where they are painted and varnished and have smooth impervious surfaces.

1.1.4.3. kept whitewashed or color washed at least once in every fourteen months.

1.2. A register shall be maintained in every factory for all the required activities.

2. Drinking water (Section 58)

An effective arrangement of sufficient supply of wholesome drinking water conveniently located at suitable point for all workers. The section further provides for the following

2.1. The word “Drinking water” shall be legibly marked on the place;

2.2. Cooling the drinking water in a factory during the hot weather where more than 250 workers are employed;

2.3. Oral Re-hydration Therapy for the workers, working close to the machine producing excessive heat.

3. Overcrowding (Section 56)

There are provisions for required space for a single worker employed in a factory. Following are the points important in this regard.

3.1. 9.5 (Nine and half) cubic meters of space for every single worker in a factory;

3.2. For calculating the dimension of the aforementioned-space ignore the height beyond 4.25 meter;

3.3. The Factory shall post a notice in each workroom, specifying the maximum number of workers who can be employed therein as per the above calculation, if the Inspectors so require;

3.4. The Inspector can exempt any workroom of any factory from the compliance of this rule if satisfied that for the health of the worker it is not necessary.

4. Lighting (Section 57)

There are arrangements of sufficient and suitable lighting of natural or artificial or both. The section further provides for the following:

4.1. Glazed windows or skylights shall be kept clean on both the pouter and inner surface free from obstructions;

4.2. Provisions shall be made

4.2.1. To prevent glare either directly from any source of light or by reflection from a smoothened or polished surface;

4.2.2. Provisions shall be made for the prevention of the formation of shadow to such extent as to cause eye strain or risk of accident to any worker.

5. Latrines and urinals (Section 59)

There are provisions of the latrines and urinals for the workers employed in a particular factory. The section provides for the following:

5.1. Sufficient number of latrines and urinals located at convenient places and accessible to all the workers

5.2. Separate arrangements for male and female workers

5.3. Properly illuminated and ventilated and sufficient supplied with water at all times

5.4. Clean and sanitary condition be maintained by detergents or disinfectants or with both

6. Dust bins and spittoons

There are provisions of dustbins and spittoons. The sections provides for the following:

6.1. Every factory shall provide sufficient number of dustbins and spittoons at convenient places in clean and hygienic conditions

6.2. No person shall spit or litter except in the spittoon or bins, kept and maintained for this purpose

6.3. A notice shall be posted at every conspicuous places for the workers to the effect that “Spitting or littering in contravention of clause 2 is a punishable offence”.