Title: Ensuring Employee’s Safety in Workplace: The Legal Framework

and The Current Scenario in Bangladesh

Submitted By:
Md. Ahsan-Ul-Kabir
ID: 18309012
Course: LAW402

BRAC SCHOOL OF LAW

Summer 2022
A RESEARCH PAPER FOR LAW 402
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Dedicated To: My parents

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Declaration

I declare that the Research Paper titled “Ensuring Employee’s

Safety in Workplace: The Legal Framework and The Current Scenario in
Bangladesh”,submitted by me as the requirement of LAW
402 of School of Law, BRAC University is my own work. I am
solely responsible for the content of this work. The research
paper complies with the University rules against plagiarism.
It has not been submitted for any other degree of this
University or any other University or for any publication.

Name: Md. Ahsan-Ul-Kabir

ID: 18309012
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Acknowledgments
At the outset from my heart, I am highly grateful and indebted to
Md. Mostafa Hosain sir for cooperation and for providing valuable
suggestions and comments whenever I needed. My gratitude goes
to him who all through the duration provided valuable suggestions
with sincerity and dedication. His comments helped me immensely
without which, the work would have been far less comprehensive.
My honour and respect go to all the faculty members of the School
of Law for their invaluable help and support. I gratefully
acknowledge the support of library staff of the Brac University for
their cooperation in searching books and other sources and
keeping us updated with the arrival of new materials.
I am mindful and thankful to all my friends of Brac University whose
cooperation and fruitful discussion at every stage assisted me to
overcome hurdles. They were always helpful in providing
information about pertinent materials.
Finally, gratitude goes to my beloved parents for their uncountable
stimulation and inspiration. Above all, I am deeply grateful to the
Almighty ALLAH for giving me the physical and mental strength as
well as capacity to complete the task of this legal research
successfully.
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Table of Contents

Chapters Headings Page no

1 Introduction 9

2 Legal framework about occupational safety 10

2.1. Ensuring safety of the working area 10
2.2. Expression of safety issues 12
2.3 Occupational health safety 12

3 Current Scenario of Bangladesh 13

3.1 Building Collapsed 13
3.2 Harassments 15
3.3 Fire Accidents 16
3.4 Accident Through Machinery or Instruments 18
3.5 Child Labour Issues 19

4 Legal Limitations 20
5 Recommendation and Conclusion 21
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List of Abbreviations
AD- Appellate Division

BCR- Building Construction Regulations

BFSCD- Bangladesh Fire service and Civil Defense

BNBC- Bangladesh National Building Code

BNWLA- Bangladesh National Women Lawyers Association

BLA- Bangladesh Labour Act

BLD- Bangladesh Legal Decisions

FPER- Fire Prevention and Extinction Rules

HCD- High Court Division

ILO- International Labour Organization

OSH- Occupational Safety and Health Act

RMG- Ready Made Garments

SRS- Survey of Rights Society

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Table of Cases
1. Bangladesh National Women Lawyers Association (BNWLA) vs Bangladesh 29
BLD HCD 415
2. Bangladesh National Women Lawyers Association (BNWLA) vs Bangladesh 31
BLD HCD 324
3. Consumer Education and Research Center vs. Union of State (1995) 3 SCC 42
4. Employees Street Insurance Corporation vs Minafi Mills Limited, Majubah AIR
1966 Madras 378
5. Monk vs Arnold (1902) 1 KB 761
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Table of Legislations
1. Building Construction Regulations, 1996
2. Bangladesh National Building Code, 2006
3. Fire Prevention and Extinction Rules, 2014
4. International Covenant on Economic, Social and Cultural Rights
5. Nari-O-Shishu Nirjatan Daman Ain, 2000
6. Occupational Safety and Health Act
7. The Bangladesh Labor Act, 2006
8. The Constitution of the People’s Republic of Bangladesh
9. The Insurance Act, 2010
10. The Penal Code, 1860
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Ensuring Employee’s Safety in Workplace: The Legal Framework and The Current
Scenario in Bangladesh
Chapter: 1

Introduction
Bangladesh is a developing country with increasing economic activities, which results in
increasing net exports and investments. The industrial sectors have a significant role in
the economy. But, the safety issue of a work place is not maintaining everywhere
properly. For the issue, it will be very difficult for us to sustain our good GDP growth
rate and economic activity rates in the future. The workers do not always receive the
required care and protections. The laws are available to provide safeguard such workers
while they are working. However, effective allegations against the wealthy owners of
such industries are extremely unusual.

Bangladesh has seen several accidents in different workplaces, which have affected its
businesses during the past ten years. The nation has lost the free casting market in the
USA as a result of those accidents and man-made disasters in the workplace. The power
industrialist has an impact on necessary inspections. Therefore, we need to think how to
provide necessary safety to the workers at work remains open. Yet, the nation has a wide
range of obligations to safeguard their lives and the owners are able to work with proper
care in order to save the future of them.
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Chapter: 2

Legal framework about occupational safety

Most of the developing states have reformed their labour laws as per the situation of the
country. However, Bangladesh had codified the Bangladesh Labour Act, 2006 during 2006
which replaced 50 other old British colonial regime and Pakistan era laws. However, there
are some provisions about women. Law indicates that employers are obliged to monitor
and maintain safe and secure working practices and the environment, including the
avoidance of all types of occupational health and safety threats to workers. It is also the
employee’s responsibility to collaborate with the employer to maintain a safe and secure
working environment.1

Regarding the safety issue of a worker, Bangladesh has a domestic law which is called the
Bangladesh Labour Act, 2006(BLA, 2006). From the aforesaid act, safety of worker related
legal provisions are given in sections 61 to 78.

2.1 Ensuring safety of the working area

As per the Building Construction Regulation, 1996, it is clearly mentioned that, the
construction needs an emergency escape gate on any floor, which joins to the ground floor
and safe area. Also, the rule states about to set fire extinguishers and fire alarms as a
warning to left the dangerous place.2

However, as per the rule 22 of the Fire Prevention and Extinction Rules, 2014, the building
owner will apply for a building occupancy permit after finishing the infrastructure.3 These

1
Dr Parvez Ahmed, Rehana Parvin, ' Protection of Workers in Workplaces: A Comparative Study of
Labour Laws of the UK, USA and Bangladesh ' [ 2019] <https://green.edu.bd/wp-
content/uploads/PDFs/Journals/GURSS/v-2-i-
1/PROTECTION_OF_WORKERS_IN_WORKPLACES.pdf> accessed 15 August 2022.
2
The Building Construction Rules, 1996. Available at: http://www.clcbd.org/document/132.html accessed
14 July 2022.
3
Fire Safety Act, 2014. <http://ilo.org/dyn/natlex/docs/ELECTRONIC/101686/122634/F-
1660990843/GBR101686.pdf> accessed 14 July 2022.
 P a g e | 11

rules require the government officials to inspect the building, investigate whether the owner
fulfills all the standards of the public safety building code or not. According to that
provision, if the applicant fails to incorporate these fundamental safety protocols into the
structural design of the building then his request would be denied. Nevertheless, in reality,
the owners manage to get permission to continue with the rest of the work. As per Section
61 of the Bangladesh Labour Act, 2006, the legal provision expressly said about the safety
of a building. The provision says that, if any part of the building is seen as dangerous,
harmful, defective electric line system, the inspector may direct the employer to take such
measures that are required to be taken, within specified time. But, the section places a
strong emphasis on the inspector's judgment in assessing most of the occupational safety
issues. However, the guidelines are ambiguous about when and how inspections will be
carried out because all the required duties cannot be assured simply by inspecting an
establishment.

From the 3rd and 4th part of the Bangladesh National Building Code, 2006 respectively
monitors building requirements, regulations and fire protection construction to provide a
reasonably safe means of escape from hazard building.4 It is clearly mentioned that, all
buildings built for employer or storage shall have sufficient exit facilities to enable the
employers to evacuate safely and quickly without assistance in the event of a fire or any
other emergencies.5

4
BANGLADESH NATIONAL BUILDING CODE 2006. Available at:
https://law.resource.org/pub/bd/bnbc.2006/gov.bd.bnbc.2006.01.pdf accessed 14 July 2022.
5
Monk vs Arnold [(1902) 1 KB 761]
 P a g e | 12

2.2 Expression of safety issues

Another noteworthy aspect of the Bangladesh Labour Act, 2006 is that, in Section 86, it
requires the employees to express their safety issues to their employers. If the employer
neglect to resolve these issues, they will be responsible for compensation if a worker is
injured. Even, the workers found to be suffering from occupational health hazards would
be entitled to get compensation.6 For instance, from the Rana Plaza incident, the workers
informed their employers about the appearance of creak in building, instead they are
compelled to continue their work. So, there had been a lack in terms of transparency from
employer’s side. As a result, this produces become a punishing strategy rather than a
preventive which suppresses its effectiveness.

2.3 Occupational health safety

Accidents and diseases during working is not only have a bad impact on the lives of the
affected employee’s and his or her family, but also keeps a bad impact on the productivity
and growth of a country. Our GDP growth is also depending on their productivity by
production and export. In order to ensure occupational safety, there are special provisions
regarding worker’s health, hygiene and safety in sections 79 to 88 in the Bangladesh
Labour Act, 2006. These provisions were given to ensure a healthy and hygienic work
environment to achieve the expected growth from the industries.

6
Consumer Education and Research Center vs. Union of State [(1995) 3 SCC 42]
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Chapter: 3

Current Scenario of Bangladesh

During thinking about long run development, there is a serious issue of labour safety.
Recently happened accident which is Sitakunda tragedy is still considered as one of the
worst fire accident tragedy. In the work place in our country, most of the employers and
employee’s are not aware about the safety of a work-place. For the accident in a work
place, it takes so many innocent lives on the slightest of mistakes. Besides, working
environment is not sufficient to motivate more in order to get more outputs from an
employee. Different types of accidents are fire accident, building collapse accident,
accident from instruments-machines, also different types of harassment related issues have
been found.

3.1 Building Collapsed

The urban planning area is affecting with the inappropriate design of buildings. This
disorganized urban planning, defective design, frequent inclination to narrow streets,
unapproved installation of electrical lines and inadequate fire precautionary tools have
brought risk with unskilled services.7 Risk is also caused by inadequate construction of
infrastructure and insufficient provision of public services in an area.8

The Rana Plaza building was collapsed during April 2013, and it is considered to be the
worst catastrophic structural failure in recent human history that urged the government to
think about employee safety problems at work. As per the investigations, the Rana Plaza
building was designed in an illegal way, which ignored several security inspections. After
that disaster, the standard of the 'security audits' become evidently questionable. 9 As per

7
Tanima Wahed, 'Impact Of Facility Management On Fire Safety Crisis In Bangladesh’s Industry' (Master,
Helsinki Metropolia University of Applied Science 2018).
8
Jubaida Gulshan Ara, 'A Comparative Analysis of Bangladesh Building Construction Rules In Terms Of
Urban Greening' (2014) 9 Journal of Applied Science and Agriculture
<http://www.aensiweb.com/old/jasa/rjfh/Special%206%20IPNCS%202014/107-111.pdf> accessed 14 July
2022
9
Norm Keith, 'Legal implications of Bangladesh factory collapse' (Canadian Occupational Safety, 22
 P a g e | 14

Section 61 of the Bangladesh Labour Act, 2006, the legal provision expressly said about
the safety of a building. When if any part of the building is in a dangerous or harmful
condition, or there is a defective electric line system, the inspector may direct the employer
to take such measures. But, it is not implemented in everywhere because of lack of
awareness and monitoring.

Bangladesh National Building Code provides safety measure rule and clearly states that
Workers should wear helmets and protective equipment and that all temporary stairs,
ladders and scaffolds should be built substantially so as not to create a hazardous situation
for workers who use them or for workers and the general public who move under or near
them.10 However, just casual observation would disclose that these provisions are indeed
violated. The construction industry does not receive any pressure to reforms negligence in
safety measures from foreign buyers (and their consumers). As a result, there has no
regulatory agency to ensure the implementation of workers' protection legislation.11

By observing the legal provisions of the Bangladesh Labour Act, 2006, we get to know
that many of its safety provisions are very ambitious and there have many deficiencies.
Lack of implementation of laws, shortage of qualified inspectors, altogether mean that
occupational safety remains as one of the major concerns for the workforce in Bangladesh.

July 2014) <https://www.thesafetymag.com/ca/news/opinion/legal-implications-of-bangladesh-factory-

collapse/187303> accessed 14 July 2022
10
Md Ikra, 'Enforcing Fire Safety Requirements' The Daily Star (2019) <https://www.thedailystar.net/law-
ourrights/news/enforcing-fire-safety-requirements-1723645> accessed 24 August 2022
11
C Roy and MS Islam, 'Hazards And Safety Issues At Construction Sites In Bangladesh' (2019) 5 MOJ
Civil Engineering <https://medcraveonline.com/MOJCE/MOJCE-05-00149.pdf> accessed 25 August 2022
 P a g e | 15

3.2 Harassments
Harassment has become a serious issue now-a-days. For poor environment in a workplace,
an employee cannot work effectively an efficiently. Bullying, violence, aggression and
sexual harassment are the kinds of harassment.

i)Sexual harassments: Many female workers get jobs with the help of men who often
demand sex in exchange. Women workers are humiliated and insulted in various ways by
their male counterparts. Women workers are not granted the respect and integrity as their
male counterparts. Working-class women always have afraid to risk their sexual security,
and they are not safeguarded by the management. In this regard, women’s rights are
violated, which is against humanity.12

Though sexual harassment is an offense under Section 354 and 509 of the Penal Code,
1860, and Nari-O-Shishu Nirjatan Daman Ain, 2000 Section 10, which is a punishable
offense, but still the ill practice is ongoing in a workplace. In most of the case, sexual
harassments are remained often secret for further security related issues. There still some
different cases in which males harass males, women harass men and women harass women.
Sexual assault victims always fear they’re somehow to blame for the unwanted sexual
advances. Especially when the harasser is from the same sex. Therefore, it is hard to report
and prove this type of sexual assault. During 2009, the High Court Division had issued the
specific 11 points regarding prevention and prohibition of sexual harassments in the work
place, which provides legal protection of the female employees13. During 2011, the High
Court Division held that, the government may take certain steps in order to prevent
different types of sexual harassments.14 Sometimes, the anti-sexual harassment committee
becomes biased to the culprit, and for this reason, a victim has no protection.

12
Muhammad Faizul Sarker and others, 'Sexual Harassment of Female Workers at Manufacturing Sectors
in Bangladesh' [2019] 2(3) Journal of Economics and Business
<https://www.researchgate.net/publication/335867492_Sexual_Harassment_of_Female_Workers_at_Manu
facturing _Sectors_in_Bangladesh> accessed 24 August 2022.
13
Bangladesh National Women Lawyers Association (BNWLA) vs Bangladesh (29 BLD HCD 415)
14
Bangladesh National Women Lawyers Association (BNWLA) vs Bangladesh (31 BLD HCD 324)
 P a g e | 16

ii) Bullying: bullying is another problem in a work-place. When there is no way to stop
bullying, it turns into more dangerous situation, where an employee can be killed by other
employees. Different type of bullying are by providing bullying speech, spreading
negativity, trying to dominate etc. 15

3.3 Fire accidents

In Bangladesh fire and industries are closely intertwined. In industries, unplanned
workplace settings, electrical short circuits, electrical wire related faults, materials related
to smoking, explosion of boiler, kitchen-stove, and any kinds of carelessness caused fire-
accident issues, and mainly due to the lack of concern of industry-owners regarding safety
matters.16 So, according to Section 62 of the Bangladesh Labour Act, 2006, fire-accident
related precautions are expressly mentioned, which shall be implemented in the workplaces
including factories.

In case of fire accident, the industry management should ensure the escape from the
affected area to a safe area. Many workers also died as a result of inadequate escape routes
and number of stairs, smoke and suffocation.17 In most of the fire incident cases, there are
lack of fire alarm or any emergency escape route for employers for saving their lives. As a
result, fire incidents in readymade garments industries, chemical industries, high rise
buildings and market takes place which results in tragedies, and took a lot of people’s lives
and injured so many people.

During 4th June 2022, a fire and explosions at the product container depot located in
Sitakunda Upazila, Chittagong. The owner of the depot violated the legal provision of
Section 78 of the Bangladesh Labour Act, 2006, where an owner of a chemical depot did
not followed. During the period of fire incident, the fire service team tried to gather

15
Imran Hasan and Barun Sanjana 12 ‘Workplace Bullying: A Case on Service Sector Employees’
<http://www.sbe.iub.edu.bd/wp-content/uploads/2021/01/a7.pdf> accessed 16 July 2022
16
Shahid Mamun 2020. ‘Why so many recent fires?’. Dhaka Tribune, [online]
<https://www.dhakatribune.com/bangladesh/nation/2017/03/17/many-recent-fires> Accessed 22 July 2022
17
Bangladesh Fire Service and Civil Defense (BFCD). http://www.fireservice.gov.bd/ Accessed 22 July
2022
 P a g e | 17

information about some containers, but for the lack of original information and misleading,
false information regarding the depot, it made the situation worst.18

Another terrible fire accident was happened during September, 2012 in Tazreen Fashion,
which was one of the worst accident in the ready made garments sector. However, the sum
of compensation was also very low and took the place of lump sums, providing inadequate
safety to beneficiaries against unwell health and poverty in the medium and long term. The
system is also plagued through essential application issues such as lack of proper
enforcement, absence of effective recourse, with the result that legal entitlements do not
19
often materialize.

18
Jeong S, ‘Fire Tears through Bangladesh Container Depot Killing 49 and Injuring Hundreds’ (CNN June
5, 2022) <https://edition.cnn.com/2022/06/05/asia/bangladesh-sitakunda-container-depot-fire-
intl/index.html> accessed 5 July 2022
19
Saad Hammadi, ‘Bangladesh Textile Factory Fire Leaves More than 100 Dead’ (The Guardian
November 25, 2012) & lt; <https://www.theguardian.com/world/2012/nov/25/bangladesh-textile-factory-
fire#:~:text=Survivors%20have%20described%20how%20a,such%20incidents%20in%20recent%20years.
&gt;> accessed 5 July 2022
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3.4 Accident through machinery or instruments

According to the survey of ‘Survey of Rights Society’ (SRS), the sector with the biggest
death in transport where 212 transport related workers died.20 Though, we have the
Bangladesh Labour Act, 2006, still there are a lack of providing sufficient remedy by the
employer. The employer, the manager, authority and the owner of the company can never
avoid their liability to avoid the accident, even though they try hard to fence the machinery,
and they have to pay compensation to the injured parties. 21 But, in current situation in
Bangladesh, the injured are not paid the compensation properly.

It is very necessary to ensure machine related safety, and avoiding misuse of machine and
materials. The majority of contractors do not follow to security policy or have a full
knowledge of safety. Section 64 of the Bangladesh Labour Act, 2006 provides the
necessary safety things regarding working near at machinery during working, but many
employees are not provided with professional training or safety equipment. Owners and
contractors don't seem as keen in creating worker safety designs. On occasion, a lot of
accidents at construction sites are caused by defective equipment, which violates Section
65 to 69 of the Bangladesh Labour Act, 2006. One of the key causes is the firm's erroneous
investigation and the management's poor safety practices. It just serves to highlight how
weak and susceptible the project management processes are. There are also lack of
expenditure for safety. So, construction safety for employees is poor and not in an standard
range.

20
Shakil Ahmed, Md. Habibur Rahman Sobuz, and Mohammad Ikramul Hoque. ‘Accidents on
Construction Sites in Bangladesh: A Review’ International Conference on Civil Engineering for
Sustainable Development (2018)
<https://www.researchgate.net/publication/326621710_ACCIDENTS_ON_CONSTRUCTION_SITES_IN
_BANGLADESH_A_REVIEW/link/5b6d8c4b45851546c9fa2462/download> accessed 11 July 2022
21
Employees Street Insurance Corporation vs Minafi Mills Limited, Majubah (AIR 1966 Madras 378)
 P a g e | 19

3.5 Child labour issues

There are a lot of child and adolescent labour in the factories. From 3rd chapter of the
Bangladesh Labour Act, 2006, it says mainly about Employment of adolescent workers.
Most of the procedures are not followed properly in every establishment. When a child
falls in an accident, most of the factory owner does not want to take any liability. In some
heavy industries, the employers use child labour in order to take lower labour cost facilities
and to increase the profit margin. Even in the transportation section, there are many child
labours whose are doing helper role of the driver, and sometimes the driver use them to
drive the bus or truck. As a result, the accidents in the transportation sector are increasing.22
The children and teenage workers are forced to work more by the employers. In the ready-
made garments (RMG) sector in Bangladesh, we are considered to have the child labour-
related issues for a long period. Most children start their work at the early stage of their
childhood. For this problem, most of them are suffering from serious physical issues,
injuries, and damage.23 But as per the article 34(1) of the Constitution of Bangladesh, all
kinds of forced labour are punishable offence as it is prohibited under this article.

22
Mohammad Kamruzzaman , ‘A Review on Child Labour Criticism in Bangladesh: An Analysis’ (2018) 3
International Journal of Sports Science and Physical Education 1
<https://www.researchgate.net/publication/330287538_A_Review_on_Child_Labour_Criticism_in_Bangla
desh_An_Analysis > accessed August 27, 2022
23
Md Mizanur Rahman, Rehana Khanam and Nur Uddin Absar, ‘Child Labor in Bangladesh: A Critical
Appraisal of Harkin’s Bill and the MOU-Type Schooling Program’ (1999) <
https://www.tandfonline.com/action/showCitFormats?doi=10.1080%2F00213624.1999.11506225>
accessed on 26 August 2022
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Chapter: 4

Legal limitations
There are some weakness that are found in our legal system and these are discussed in
detail here.

1. Child labour issue: During 2018, section 44 of the Bangladesh Labour Act, 2006
was amended where the protection regarding child labour and teenage labour was
repealed.24 For this reason, the child labour is increasing day by day.
2. Occupational safety and health: There are no clear provisions regarding specific
weight measurement limitation for a load which is carried by an employee of a
factory, standard alternative stair ratio in terms of sustaining safe from fire and the
standard ratio between workers and toilet.
3. Welfare and social protection: The compensation amount is not sufficient for
seriously injured, disabled and dead for the workers and their family. Besides, there
are lack of pension, medical benefits, life insurance benefits for labours etc. are
absent and unclear.
4. Lack of enforcement: There are many insufficient punishment for the employees
for violation of employee’s safety. For that issue, it becomes very difficult to ensure
the safe work environment.
5. Sexual harassment related issue: Section 332 of the Labour Act, 2006 expresses
about the problematic word of this law encourages gender assumptions and
unjustified arguments about a woman's "modesty" that could end up victimizing
her.25

24
Md. Abdul Halim, Textbook on Bangladesh Labour Code (12th. Beacon Publications 2020)
25
Taqbir Huda, 'Sexual Harassment And The Law: Where is The Problem?' The Daily Star (2019) <
https://www.thedailystar.net/opinion/human-rights/news/sexual-harassment-and-the-law-wheres-the-
problem-1762759> accessed 15 August 2022
 P a g e | 21

Chapter: 5

Recommendations and Conclusion

5.1 Recommendations
As Bangladesh is an economically growing country, it is necessary to provide and
implement laws and policies in order to ensure occupational safety of the workers in order
to sustain the economic activity rate growth. So, the given several recommendations can
provide relieve from the base of the issue and also to sustain a safety environment in a
workplace.

❖ The government of Bangladesh can reform the relevant laws regarding this issue
and implement the laws effectively to ensure the protection and security in the
workplace as per the Occupational Safety and Health procedures.
❖ The monitoring team should ensure regular inspection and monitoring in order to
evaluate working environment to examine enough safety and security with regard
to certificates, necessary license management and relevant tests.
❖ The Human Resource section of a company should be enforced to maintain the
safety standards.
❖ As per the Insurance Act, 2010, it is necessary to provide suitable and proper
insurance policy, which should be made mandatory during joining in a work
organization.
❖ Different kinds of awareness program should be arranged by the state in order to
make the people awareness about the occupational safety and securities to reduce
accidents and injuries.
❖ From Bangladesh's viewpoint, timely intervention and policymaking are not all that
practicable. Therefore, according to the requirements and needs of the time,
policymakers must create appropriate policies.
❖ A punishment should be provided for breach of safety and security standards.
 P a g e | 22

5.2 Conclusion
Most of the employees are contributing in the development and economic growth of our
country. In order to sustain the economic growth, safety of the employees are very
necessary. During any disaster, the employees are entitled to get necessary safety related
protection from their work-place related authorities. It is the most vital rights of an
employee. Moreover, it is the duty of a state to ensure all types of safety during working in
a workplace. In the perspective of Bangladesh, the standard level of employee’s safety and
securities are not provided completely. Though the Bangladesh Labour Act, 2006 has no
issues regulations on occupational safety, but there has obviously a lack of enforcement
and compliance.26 But, our laws do not properly states any provision in terms of breach of
employee’s safety related laws and, these are misused by the employer’s of an
establishment or company. Also, the government is remaining silent regarding these
issues.27

However, the guidelines and other similar documents are provided by the relevant authority
in order to provide details explanation about how laws and regulations should be enforced
by them in different Asian countries.28 Most of the developed Asian countries ensured
occupational safety environment which results more productivity, more innovation and
more growth of the industries, where the government was very careful about the
occupational safety after 1990. But, in Bangladesh, the occupational safety are not
available due to lack of care and necessary monitoring by the competent authorities.

26
Sakhawat Sajjat Sejan, 'Bangladesh’s Position on Occupational Safety And Health: An Analysis' (2018)
1 SCLS Law Review <http://sclsbd.org/wp-content/uploads/2018/08/9.-Shakhawat-Sejan-Occupational-
Safety.pdf> accessed 28 July 2022.
27
Dr Parvez Ahmed, Rehana Parvin, ' Protection of Workers in Workplaces: A Comparative Study of
Labour Laws of the UK, USA and Bangladesh ' [ 2019] <https://green.edu.bd/wp-
content/uploads/PDFs/Journals/GURSS/v-2-i-
1/PROTECTION_OF_WORKERS_IN_WORKPLACES.pdf> accessed 26 August 2022.
28
Muhammad Irfan Khan, 'Developing A Safety Culture In Developing Countries', International
Conference on Safety, Construction Engineering and Project Management (2013) accessed 26 August
2022.
 P a g e | 23

Moreover, most of the employees are not aware of necessary safety and securities provided
in our laws.

It is very much necessary to provide preparation, encouragement and supports in order to

reduce a huge number of accidents, accidental deaths and injuries. The necessary
occupational safety policies can be established as per as the strategies and guidelines of
Occupational Safety and Health (OSH) conventions, which was provided by International
Labour Organization (ILO) in order to guarantee it for the employees that, they should not
be sustain in a poor and unsafe condition in their workplace. At the end, it needs to focus
that, the competent authority has a duty to provide effective measures in order to protect
the workers at the time of accident.
 P a g e | 24

Bibliography

Books

1. Haque A., Bangladesh Labour Law (Mr Jishan Prodhan 2016)

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SERVICE SECTOR EMPLOYEES (Independent Business Review 2019)

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4. Sejan S, 'Bangladesh’s Position on Occupational Safety And Health: An Analysis'
(2018) 1 SCLS Law Review <http://sclsbd.org/wp-content/uploads/2018/08/9.-
Shakhawat-Sejan-Occupational-Safety.pdf> accessed 28 July 2022
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5. Ahmed S, 'Causes of Accident at Construction Sites in Bangladesh' [2019] 11(1)

Organization, Technology and Management in Construction: an International
Journal < DOI:10.2478/otmcj-2019-0003> <
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6. Rahman MM, Khanam R and Absar NU, ‘Child Labor in Bangladesh: A Critical
Appraisal of Harkin’s Bill and the MOU-Type Schooling Program’ (1999) <
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Bangladesh' (2019) 5 MOJ Civil Engineering
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8. Akhter S, Iqbal M and Malek A.B, 'Health and occupational safety for female
workforce of garment industries in Bangladesh' (2010) 41(1) Journal of Mechanical
Engineering <DOI: 10.3329/jme.v41i1.5364> accessed 19 July 2022
9. Buranatrevedh S, 'Occupational Safety And Health Management Among Five
ASEAN Countries: Thailand, Indonesia, Malaysia, Philippines, And Singapore'
(2015) 98 Journal of the Medical Association of Thailand; Chotmaihet thangphaet
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1/PROTECTION_OF_WORKERS_IN_WORKPLACES.pdf> accessed 15
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 P a g e | 26

Thesis/dissertations

1. Wahed T, 'Impact of Facility Management on Fire Safety Crisis In Bangladesh’s

Industry' (Master, Helsinki Metropolia University of Applied Science 2018)

2. Sharif A., ‘Employee Health and Safety: A Review of Recent Policies and Practices in
Selected Garment Factories of Dhaka, Bangladesh ' (WUB Archieve 2022)

Conference papers/proceedings

1. Khan M, 'Developing A Safety Culture In Developing Countries', International

Conference on Safety, Construction Engineering and Project Management (2013)
<https://www.researchgate.net/publication/276488208_Developing_a_Safety_Cul
ture_in _Developing_Countries> accessed 11 July 2022
2. Ahmed S, Sobuz MHR, and Hoque MI. ‘Accidents on Construction Sites in
Bangladesh: A Review’ International Conference on Civil Engineering for
Sustainable Development (2018)
<https://www.researchgate.net/publication/326621710_ACCIDENTS_ON_CON
STRUCTION_SITES_IN_BANGLADESH_A_REVIEW/link/5b6d8c4b4585154
6c9fa2462/download> accessed 11 July 2022
3. Raheem A and others, 'Comparative Analysis of Construction Safety In Asian
Developing Countries', “Construction Challenges in the New Decade" (2011)
<https://www.researchgate.net/publication/292238752_Comparative_analysis_of
_construction_safety_in_Asian_developing_countries> accessed 12 July 2022

Newspaper articles

1. Hammadi S, “Bangladesh Textile Factory Fire Leaves More than 100 Dead” (The
Guardian 25 November 2012) & lt;
<https://www.theguardian.com/world/2012/nov/25/bangladesh-textile-factory-
fire#:~:text=Survivors%20have%20described%20how%20a,such%20incidents%
20in%20recent%20years.&gt;> accessed 5 July 2022
 P a g e | 27

2. Ikea M, 'Enforcing Fire Safety Requirements' The Daily Star (2019)

<https://www.thedailystar.net/law-ourrights/news/enforcing-fire-safety-
requirements-1723645> accessed 24 August 2022
3. Huda T, 'Sexual Harassment And The Law: Where is The Problem?' The Daily Star
(2019) <https://www.thedailystar.net/opinion/human-rights/news/sexual-
harassment-and-the-law-wheres-the-problem-1762759> accessed 15 August 2022
4. Mamun S, 'Why So Many Recent Fires?' Dhaka Tribune (2020)
https://www.dhakatribune.com/bangladesh/nation/2017/03/17/many-recent-fires
accessed 22 June 2022

Reports

1. Bangladesh Fire Service and Civil Defense (BFCD).

<http://www.fireservice.gov.bd/> last accessed 22 August 2022

Websites

1. Shaw R, 'An Overview of Occupational Health And Safety Laws And Regulations
In Asia And The Middle East' (REDLOG, 2015)
<http://www.redlogenv.com/workersafety/an-overview-of-worker-health-and-
safety-laws-and-regulations-in-asia> accessed on 2 July 2022
2. Gordon S, 'How Common Is Female Sexual Harassment?' (Verywell Mind, 25 June
2020) <https://www.verywellmind.com/how-common-is-female-to-female-
sexualharassment-4134990#citation-2> accessed 23 June 2022
3. International Labour Standards on Occupational Safety and Health.
https://www.ilo.org/global/standards/subjects-covered-by-international-
labourstandards/ occupational-safety-and-health/lang--en/index.html, last accessed
22 August 2022
4. Keith N, 'Legal implications of Bangladesh factory collapse' (CANADIAN
OCCUPATIONAL SAFETY, 22 July 2014)
<https://www.thesafetymag.com/ca/news/opinion/legal-implications-of-
bangladeshfactory-collapse/187303> accessed 14 July 2022
 P a g e | 28

5. Mamun J, 'Sexual Harassment in Workplace: Introducing the Principle of Tortious

Liability in Bangladesh' (Dhaka Law Review, 1 July 2017)
<http://www.dhakalawreview.org/blog/2017/07/sexual-harassment-in-workplace-
introducing-the-principle-of-tortious-liability-in-bangladesh-1333> accessed 9
July 2022