Labour Welfare And Safety In Work Premises

Being one of the countries with highly populated labour sector, Bangladesh has
immensely developed in its labour-employer arena.
Since the Bangladesh Labour Act has been enacted in 2006, the entire face of
the country’s pillars of economy has taken on a new turn. The Act was to amend
and consolidate the laws relating to employment of workers, relations between
workers and employers, determination of minimum rates of wages, payment of
wages, compensation for injuries to workers during working hours, formation of
trade unions, raising and settlement of industrial disputes, health, safety, welfare
and working conditions and environment of workers and apprenticeship and
matters ancillary thereto1.
In order to procure a good and peaceful management of this sector, it is very
important to establish and hold labour’s rights. As such, labour welfare and
safety in their workplace plays a huge role in the maintenance of labour rights.
The Bangladesh Labour Act has assembled the provisions of welfare and safety
from the Factories Act, 1965 and the Factories Rules, 1969. It has imposed
obligations upon employers and others towards workers in most industrial and
commercial premises. The Act includes chapters and sections exclusively
devoted to the safety and well-being of the workers.

Safety of Labours:
The Act provides general obligation to the employers by stipulating that no
building, wall, tunnel, road, gallery, stairway, or other structure, shall be
constructed, situated or maintained in any factory in such manner that may
cause risk of physical injuries.

1. Precautions as to Fire – Section 62

 According to Section 62 of BLA 2006, “Every establishment shall be
provided with such means of exit including at least one alternative
staircase connecting with every floor at the time of fire and requisite
number of fire fighting equipments in every floor as may be prescribed by
rules”.
1 ACT NO. XLII OF 2006, BANGLADESH LABOUR ACT, 2006

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  Not only does it precisely dictate the workplace protection, the Act also
has provisions detailing the steps to be taken if such protective measures
are not followed. For example, subsection 2 of Section 62 states that if it
appears that no means of exit has been provided according to the above
stated rule, or no requisite number of fire fighting equipments have been
placed according to the licence given by the Fire Service Department,
Inspecting officers from the Department for Inspection of Factories and
Establishment (DIFE) may serve an order in writing upon the employer,
informing him of the measures which are required to be taken within the
time specified in that order.
 The Section also extends in explaining that in every establishment the
door affording exit from any room shall not be locked or fastened so that
the person working in that room may easily and immediately open it from
inside 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.
 No exit of a room shall be kept locked or fastened and no exit shall be
hindered or no barrier shall be put on the way while work is going on in
an establishment2.
 All doors must be made in such a way so that it opens at once outwards
from inside of a working room3.
 Every means of emergency exits in cases of fire, all the windows and
door except the ordinary ones, must be distinctly marked by red Bangla
words or other understandable sign.
 In cases of fire, clearly audible alarm must be set on establishments to
warn the workers.
 Every working room shall also consist a free passage way with access to
each emergency exits.
 In establishments where 10 or more workers are employed in place above
the ground floor, or explosive or highly inflammable materials are used or
stored, effective measure should be taken to make sure that the workers
are familiar with the means of escaping and they must also be trained
adequately in the routine work.
 In factories or establishments where there are at least 50 workers are
employed, there shall be a mock firefighting arranged at least once in six
months and such matter shall be maintained in the prescribed manner by
the employer in the book of records.

2 SECTION 62- 3-a, BANGLADESH LABOUR ACT, 2006

3 SECTION 62- 3-b, BANGLADESH LABOUR ACT, 2006

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 2. Fencing of Machinery- Section 63
 Every moving part of a prime mover, every fly wheel connected
therewith; both face of every water wheel and water turbine; every part of
stock-bar which projects beyond the head stock of a lathe; every part of
an electric generator, a motor or rotary converter; every part of
transmission machinery; or every dangerous part of any machinery shall
be securely fenced by the safeguards of substantial construction.
 Every revolving shaft, spindle of wheel or every screw, bolt and key on
any pinion and all spur, worm and other toothed or friction gearing in
motion with which any worker generally comes into contact – such
appliances shall also be securely fenced to prevent any harmful contact.

3. Work on or near machinery in motion- Section 64

 When, in an establishment, it becomes necessary to examine a machinery
in motion, or any such as mentioned in section 63 of BLA, 2006, such
examination or operation shall be carried out by a specially trained male
worker, and fitted clothes shall be worn by that worker, and his name
shall be recorded in register prescribed in this behalf, and while such
worker is engaged in such works, he shall not handle a belt at a moving
pulley, unless the belt is less than 15 centimetres in width and its joint is
tightened with flush and lace.
 Also, the Government may prohibit cleaning, lubricating, adjusting of any
specified moving part of any machinery in any specified establishment or
factory.

4. Striking gear and devices for cutting off power supply- Section 65
 Suitable striking gear and other efficient mechanical appliance which is
used to move driving belts to and from fast and loose pulleys of the
transmission machinery shall be maintained, and such gear or appliances
shall be so constructed, placed and maintained as to prevent the belt from
cropping back on the first pulleys.
 When the driving belt is not in use, it shall not be allowed to rest upon
any shaft in motion.

5. Automatic machines- Section 66

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  Where any moving part of an automatic machine and any material carried
thereon in an establishment is in a space over which any person is liable
to pass either for the purpose of duty or for any other reason, it shall not
be allowed to move outward or in ward between 45 centimetres from any
fixed structure which is not a part of such machine.

6. Casing of new machinery- Section67

 Every screw, belt or key, or any revolving shaft, spindle wheel or pinion
in every power-driven machinery installed in establishments after the
commencement of this Act, shall be so suck, encased or otherwise
effectively guarded so as to prevent danger.
 All spur, worm and other toothed gearing which does not require frequent
adjustment while in motion, shall be completely encased, unless it is so
situated as to be safe if it were completely encased.

7. Cranes and other lifting machinery – Section 68

 The fixed or movable working gear, ropes, chains and anchoring of all
cranes and other lifting machinery shall be of good construction with
sound material and adequate strength, properly maintained, thoroughly
examined by a competent person at least once in every 12 months and a
register shall be maintained containing particulars prescribed by rules, of
every such examination.
 No cranes or lifting machines shall be loaded beyond the working load
marked thereon.
 While any person is working on the wheel-tract of a travelling crane in
any place where it is possible of him being struck by such crane, effective
measure shall be taken to ensure that the crane does not approach within
6 meters of that place.

8. Hoists and lifts- Section 69

 Every hoist and lifts of any establishment shall be of good construction
with sound material and adequate strength, properly maintained,
thoroughly examined by a competent person at least once in six months
and a register shall be maintained for such.

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  Such machineries shall be sufficiently protected by an enclosure fitted
with gates and such enclosure shall be constructed to prevent any person
or thing from being trapped between any part of hoist or lift and any fixed
structure or moving part.
 No load beyond capacity shall be carried on hoist or lift.
 The cage of every hoist or lift shall be fitted with gates and the highest
capacity of every hoist shall be written legibly in Bangla.
 Where the cage is dependent on ropes or chains, there shall be 2 ropes or
chains to evenly balance the load.
 Efficient devices shall be provided to support if there is a breakage of
chains or ropes.
 Proper automatic device shall be provided to control excessive speed of
the cage.

9. Revolving Machinery- Section 70

 A permanent notice indicating maximum safe working peripheral speed
of every grind stone or abrasive wheel, speed of the shaft or spindle upon
which the wheel is mounted, diameter of the pulley upon such shaft or
spindle necessary to secure safe working peripheral speed shall be affixed
or placed near any such revolving machinery.
 Speed indicated in the notice shall not be exceeded.
 Prescribed speed must not be exceeded for any revolving vessel, cage,
basket, fly-wheel, pulley disk or similar power-driven appliances.

10. Pressure Plant- Section 71

 Safe working pressure shall not be exceeded in any plant or machinery
where it is operated at a pressure above or lower than atmospheric
pressure.

11. Floors, Stairs and Passages- Section 72

 All floors, stairs and passages shall be of good construction and well-
maintained, including strong railings where necessary.
 There shall be safe access to every place where a worker is required to
work.

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  Such floors, passages or stairs shall be clean, wide and clear of all
obstructions.
 Employer may, for security, bring such areas under close circuit camera.

12. Pits, Sumps, Tunnel mouths, etc- Section 73

 Any vessel, sump, tank, pit or tunnel in such that, by reason of its depth,
situation, construction or contents in an establishment, be a source of
danger, it shall be either securely covered or fenced.

13. Excessive Weights- Section 74

 No worker shall be allowed to lift, carry or move any load so heave as to
be likely to cause his injury.

14. Protection of Eyes- Section 75

 Suitable goggle or eye-screens shall be provided for eye protection of the
persons employed in work that has risk of injury to the eyes from
particles or fragments thrown off in the course of the process, or has risk
by reason of exposure to excessive light or heat.

15. Precautionary measure against dangerous fumes- Section 77

 No person shall enter any area where there is likely to exist dangerous
fumes to such extent as to involve risks to any person, unless provided an
effective means of exit.
 Portable Electric light of a voltage exceeding 24 volts shall not be used
inside confined space and where fumes are likely to be flamed, only light
made of flame misstating metal shall be used.
 Unless a certificate is given by a competent authority that a space is free
of dangerous fumes, or the concerned worker is wearing a suitable
breathing apparatus along with precautionary measures, no person shall
enter any such area until any toxic fumes is taken out.
 Sufficient number of persons shall be trained in use of suitable breathing
apparatus, reviving apparatus, belts and ropes in order to use them in
cases of such situation. Also, establishment of work shall keep such
apparatus in reliable space for instant use.
 Unless boiler, furnace, flue chamber, tank, pipe, or other confined places
are cooled and made it for human entry, no person shall enter such.

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 16. Explosive or inflammable gas, dust, etc- Section 78
 Effective measures shall be taken when gas, fume, dust or vapour is
produced due to manufacturing process
 Practicable measures shall be taken to restrict the spread or effect of any
explosion.
 When any plant or machinery contains explosive or inflammable or vapor
under pressure greater than atmosphere, that part shall not be opened
without necessary measures.
 In such condition, no wielding or cutting shall be carried out using heat.

The above-mentioned sections are explained very concisely in accordance to the

BLA, 2006. However, the laws are well-designed to protect and safe-guard the
workers of any establishment or factory. The Department of Inspection for
Factories and Establishment (DIFE) is the authorized committee to inspect and
take actions any wrong-doing in part of violating labour rights.
The Bangladesh Labour Act also has detailed few special provisions relating to
health, hygiene and welfare. Such are as the following:
 Dangerous Operation - Section 79
 Notice to be given of Accidents - Section 80
 Notice of certain dangerous occurrences - 81
 Notice of Certain Disease – Section 82
 Restriction of Employment of women in certain work – Section 87
 First-aid Appliances – Section 87
 Washing Facilities – Section 91
 Medical Examination – Section 160
 Right to Maternity benefit and liability for its payment – Section 46

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 Although the labour act is a very strong piece of legislation which abides by the
conventions of International Labour Organization (ILO) and consists
international standards in labour/worker maintenance, Bangladesh still has a
long way to go due to the ineffectiveness of the enforcement of law. Huge
number of workers are found to have faced loss in their work premises.
However, since the tragedies of Rana Plaza in 2013 and Tazreen Fashions in
2012, the fate of labours working in the factories has changed for good.
Changes are done in order to protect the workers and for a stable economy. In a
survey conducted in a ready-made garment factory (RMG), MACTEX IND
LTD on the 9th of April’ 2019, our team has observed that workers are now
working on better conditions with handsome wage and benefits. Workers are
trained, machineries are regularly checked and sufficient equipment for safety
are brought.
While, this sector of workers is now being well-equipped with their rights, the
other sectors are far behind. In a survey by Occupational Safety, Health and
Environment Foundation (OSHE), it was reported that around 1300 workers
met death on the year 2016 in their working schedule. According to the report,
at least 12,864 workers were killed and 11,767 were injured in workplace
accidents in the last 10 years4.
This shows us exactly how our laws are not efficiently reaching out to the
workers, and how much we need to work on the enforcement of such. Our
inspecting officials needs to be given more authority to enforce the laws relating

4 http://rmg-study.cpd.org.bd/workplace-accidents-claimed-1242-workers-lives-2017-bangladesh/

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 to the workers and employers. Regulating and inspecting the establishments and
factories should be done more often, and reasonable measures should be taken
for any violations. Adequate numbers of inspecting officers should be trained as
well.

The report consists of laws constructed for the safety and welfare of workers
under the Bangladesh Labour Act 2006, survey observations and measures for
the advancement of enforcement of the laws. We have seen that Bangladesh has
made its move of change in the work sector. Although there are many scopes of
developing it more, it is gradually taking its step and measures of welfare and
safety for the workers in work premises, along with many other benefits, are
being established.

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