Executive Summary
The prime point of discussion in this report is the security of
labor workers in two of the most hazardous industries in
Bangladesh, leather processing and construction industry. The harsh
reality of insufficient wage, hazardous work condition, unstable
job security etc. faced by the illiterate labour workers of
Bangladesh needs amendment. Although laws are present in an effort
to protect workers, the application of these laws is scarce
according to various newspaper conducted research (Hossain, 2006).
The Bangladesh Labour Code, 2006 (along with amendments in 2008
& 2010) is latest law passed by the parliament regarding labour
code and henceforth it has been used as the basis for analysis and
research in this research paper (Paul, 2007). Bangladesh Labour
Code, 2006 is a consolidated showing of a previously scattered and
confusing set of labour laws. One of its purposes is to provide
students of law and legal practitioners a simpler understanding of
the workers rights so that laborer does receive better
representation. Therefore, this report is done with the help of the
book The Bangladesh Labour Code, 2006 & Other Related Laws by
Nirmal Chandra Paul. Two of the most risky jobs are of a
construction worker and a leather processor. Construction workers
are constantly at the risk of death when working at construction
sites. According to David Bergmen of ASIA CALLING (all Asia
newspaper), 40% of all reported workplace deaths in Bangladesh are
at construction sites. In the last 15 years a growing Dhaka skyline
seems to have caused over a hundred deaths. Laws enacted in the
Bangladesh labour Code, 2006 aim to eradicate that problem but
application of the law is not being monitored. Leather Processing
Factories, also known as a tannery, offers one of the most
poisonous workplace environments. Without the right protection,
workers can seriously harm themselves because of the exposure to
different chemicals. In our research we have found there to be
truth to this statement. Research states that the chemical exposure
causes respiratory problems for many of the tannery workers
(Rastogi, 2008).
Throughout this report we will look into the level of protection
labour workers in these two industries receive and try to discuss
the barriers to achieving proper protection as defined by The
Bangladesh Labour Code, 2006. Illiterate labour workers of
Bangladesh are so desperate for any sort of income that they
disregard their security. It is a case of excess supply of workers
whilst a limited demand. Industrialists are taking wrongful
advantage of this fact and it is unto the law to protect the labour
workers.
1. Introduction This report is done or the Legal Environment of
Business (LEB) course. By looking into factories in different
industries throughout Bangladesh, we can receive an insight to
business and its legal bindings. We are going to discuss security
of labor workers in the construction industry and leather
processing (tannery) industry in Bangladesh.
1.1 Objective of the study
1.1.1. General objective
The objective of this report is to gain an insight into two
different industrial factories of Bangladesh. The construction
industry and leather processing industry are two rapidly expanding
industry of Bangladesh and in this report we are going to look into
the security measures for labour workers in these labour intensive
industries. Most of the construction industries work takes place at
building sites. Work in the leather processing industry takes place
at factories called tannery.
2
1.1.2. Specific Objective
The safety code of Bangladesh Labour Act is presented within
Section 61 to Section 78. A few other laws regarding special
provisions regarding safety are given in Section 79 to Section 88.
For the purpose of this report, we will not look into ant section
in special provision regarding safety except section 86. By solely
looking into the safety act, we will try to provide you with a
thorough insight into the safety measures required and the safety
measures provided in the construction and leather processing
industry of Bangladesh.
We are going to look deeply into the following:
i. ii. iii. iv. v. vi. vii. viii. ix. x. xi.
Safety of building and machinery Adopting precaution regarding
fire Cranes and other lifting machinery Revolving machinery Floors
stairs and pathways Excessive weights Protection of eyes Powers to
require specifications of defective parts or tests of stability
Precaution against dangerous fumes Explosive or inflammable dust,
gas .etc Information about dangerous building and machinery
1.2 Scope
To complete this report we have used our data collected from
five factories that we have observed and interviewed officials
from. For insight into the construction industry we3
looked into and interviewed officials of Dom-Inno Builders Ltd
and Sanmar Properties Limited. For the leather processing industry,
we collected data from Dhaka Tannery, Bay Tannery and Shafique
Leather. We also looked into the online profile of these companies
to gather various information regarding work sites. Except for
Shafique Leather, in all other companies we were given a
comprehensive insight. We interviewed management officials for
Dom-Inno Builders Ltd, Sanmar Properties Limited, Dhaka Tannery,
Bay Tannery. We visited single work sites for Dom-Inno Builders Ltd
and Sanmar Properties Limited. We also visited factories of Dhaka
Tannery & Bay Tannery placed in Hazaribagh, Dhaka. For Shafique
Leather, we just got a brief interview of an employee of Shafique
Leather.
1.3 Methodology
1.3.1 Source of Information
1.3.1.1
Primary Source of Information To gather our data, we visited
various factories present within Bangladesh to get a representative
amount of information of Bangladeshs state of applying the security
code of the labour law. Our method for writing this report is
illustrated using the graph below.Questionnaire
developmentQuestionnaire developmentData Collection
Data analysis
Report writing 4
1.3.1.2
Secondary Source of Information We also used books from which
the laws were found and this information was used to create the
questionnaire and analyse our data. Bangladesh Labour Code, 2006
& Other Related Laws by Nirmal Chandra Paul was used to create
the questionnaire grasp a view on the latest accompiliation of
labour law in Bangladesh. Online references were helpful to
understand scenarios of presentday Bangladesh.
1.4
Limitations
Our biggest limitation seemed to be access into the tanneries
and inability to find out the whole truth from the officials during
interviews. While we were trying to gather data, we constantly
faced obstacles when we tried to get to the truth. Because of lack
o authorization and safety issues, we were not allowed a good
enough look into the actual tanneries. Most of the information we
got were from our interviews which can be less than truthful.
In the construction sites, we were incapable of looking into a
representative number of construction sites since most of Dom- Inno
Builders Ltd. and Sanmar Properties Limiteds construction sites
were very far apart. Sanmar Properties Limited is based in
Chittagong and is one of the most prominent builders in Chittagong.
Therefore, our report may not be very representative of Bangladeshs
scenario since both the researched companies are one of the best in
the business and use state of the art machinery.
5
The law book used to write this report was published in 2007
with amendments up till 2007 so it is does not include any further
amendments hindering us from receiving the latest data to analyze
with.
From our perspective, the limitations did not hinder us from
getting close to the truth.
2.
Bangladesh Labor Code, 2006
The Bangladesh Labor Act, 2006 (BLA 2006) is the latest and most
comprehensive law in place regarding labor, and was enacted in
September 2006. It is an extensive and broad law, regulating a
number of areas of workplace issues that are divided into several
different bodies of law. These include labor law, employment law,
and the regulation of health and safety.
The 2006 BLA represents both an achievement and a failure of
labor law reform. By and large it is in compliance with many of the
fundamental requirements of international labor law and, if
enforced, could provide for a robust industrial relations system.
At the same time, however, it also has some serious weaknesses that
need to be addressed. One of the main problems with the law is the
quality of its drafting. A number of contradictions and
inconsistencies in the law need to be rectified. To cite one
example, Section 30 requires an employer to pay an employee whose
employment has ceased within 30 days, while Section 123 requires
the payment to be made within seven days.
Moreover, the law does not comply with international labor
standards regarding children and hazardous work. ILO Convention 138
forbids the employment of children under 18 years of age in
hazardous employment, or 16 if he or she has adequate training. BLA
2006 permits adolescents between the ages of 14-18 to work in
hazardous work if they are given adequate training. In addition to
labor legislation, the Bangladesh Constitution also guarantees
specific labor-related rights, and delineates certain Fundamental
Principles of State Policy that are related to labor and social
policy. The fundamental rights include the rights to freedom of
association; freedom from discrimination on the basis of religion,
race, and sex; equality of opportunity in public employment;
prohibition against forced labor; and freedom to choose an
occupation. The constitution also states as fundamental principles
that it shall be a fundamental responsibility of the state to
provide citizens guaranteed employment at a reasonable wage, with
reasonable rest, recreation and leisure, and social security.
6
3.
Findings PRESCRIBED SITUATION AND THE REAL PICTURE
SAFETYSECTION 61: Safety of Building and Machinery 1. If it
appears to the Inspector that any building or part of the building
or any part of the ways, machinery or plant in an establishment is
such a condition that it is dangerous to human life or safety, he
may serve to the employer, an order in writing specifying the
measures which, in his opinion, should be adopted, and requiring
them to be carried out within a specified time.
2. If it appears to the Inspector that the use of any building
or part of the building or any part of the ways, machinery or plant
in an establishment involves imminent danger to human life or
safety he may serve to the employer an order in writing prohibiting
its use until it has been properly repaired or altered. Real
Picture: What we have found through our survey is almost every
construction industry has some hazardous machinery, plant or part
of the building. But inspection is not a regular practice. Measures
are taken only when it is necessary to avoid legal barriers.
SECTION 62: Precaution in case of fire 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. Real
Picture: We have seen that not every industry has an alternative
connection stairway. Though some noted industries practice this
law, small developer firms are quite indifferent to carry this
extra cost.7
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. Real Picture: When
served by an inspector, industries take necessary steps to make
sure the means of escape. But this inspection is not a regular
practice in Bangladesh which paves the way for the industries to
neglect this law.
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. Real Picture: Exit doors are never locked
but door are not always constructed to open outside and not all
time doors are in direction of the nearest exit. These laws are
merely practiced by industries. Even it was interesting for us to
know that no worker is aware of these laws.
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.
8
Real Picture: It is stated earlier that some industries have
some fire exits but only few of them have been signed perfectly.
Some signs have erased up and others have not been signed yet.
5. In every establishment there shall be provided effective and
clearly audible means of giving warning in case of fire to every
person. Real Picture: We have found that most of the construction
industries have microphone system to warn workers about fire. As we
visited four construction industries three of them have microphone
place in everywhere. But only industrys microphone was actually
working. 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. Real Picture: In our
survey we have seen that some industries have an alternative
connection stairway and it connected to every floor. But there is
no free passage way dedicated for fire escape. 7. 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. Real
Picture: Fire escape training has not been conducted yet in any of
the industries that we have visited. Employers only warn the worker
about fire and remind them how to escape incase fire breaks
out.
9
SECTION 63: Fencing the Machinery 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 Real
Picture: We have seen that electrical generators or motor
converters are always fenced in these industries and they signed as
Dangerous. But workers did not seem to pay any heed to that. They
are not aware of this safety regards.
SECTION 64: Work on or near machinery in motion: 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 to such examination to carry out any mounting or shipping of
belts, Lubrication or other
10
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.
Real Picture: We have seen that in construction industries
machineries that are in motion like mixer machine are operated by
trained worker. Inexperienced workers are not allowed to operate
such applicators. There are some trainees who help the main
experiences workers.
SECTION 67: Casing of new machinery: In all machinery driven by
power and installed in any establishment after the commencement of
this Acta) 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. Real Picture When a new machinery is installed
all types of precautions are taken to make that machine safe. An
instructor is employed to train worker how to use the machine.
SECTION 68: Cranes and other lifting machinery11
The following provisions shall apply ina) every part thereof,
including the working gear, whether fixed or movable, ropes and
chains and anchoring and fixing appliances shall bei. ii. iii. of
good construction, sound material and adequate strength, properly
maintained, 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.
Real Picture We have seen that there was no instruction about
safe working load. Though laws ask for examination these
machineries once in a year, as we asked the worker, examination is
not performed time to time. We have been told that maintenance of
these machines is done accordingly. Law regarding wheel- truck is
not a regular practice. We saw a crane was merely five meters away
from where the workers were working.
SECTION 69: Hoists and lifts: 1. In every establishment every
hoist and lift shall bea. of good mechanical construction, sound
material and adequate strength, b. properly maintained,
12
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, namelya. 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 comply13
with the provisions of subsection (1), (2), (3), (4) and (5)
upon such conditions for ensuring safety as he may think fit to
impose.
Real Picture We have been told that maintenance of lifts and
hoists are done time to time. But what we have seen is there was no
sufficient protection. There was no marking of maximum working
load. Gates of the hoist and lift did not have any interlocking.
When we asked a worker he said that he knew when to open the gate
so they dont need any interlocking. Again we did not see them
wearing helmet while they were in the lift- cage. There was no
automatic device maintaining the cage. Inspection is not a regular
practice.
4.
Analysis
We went to three tannery industries and three construction
industries. Tannery industries were Bay Tannery Limited, Apex
Tannery Limited and Korim Lather Limited. Construction industries
were Dynamic Developments, Unique Living Limited and Civic
Developments Limited. The geographical areas we covered are Badda,
Shantinagar, Mirpur and Hajaribag. As we surveyed these industries
to find whether they practice the laws of Safety and wages &
payment according to The Bangladesh labor Code, 2006 surprisingly
we have found that these laws are not practice to a great extent.
Even workers are not aware of their rights. As long as they are
paid money they do not protest against any violation of laws for
other factors. Safety is a major issue. But willingness of the
employer to confirm safety is not always found. At this point both
the industries perform the same thing. Another point we have seen
that worker are continuously being threatened of suspension. As
Bangladesh has a huge population there is always enough supply of
labor. Economic conditions of workers also prevent themselves from
taking any strong position. As a result they do not have the
concern of safety.14
Low education level also is a burden. Workers do not know about
laws. They cannot assure their rights and that paves the way for
the employer to exploit them through violation of laws. To ensure
all kinds of safety employers need to bear some extra cost which in
turn lowers their profit. Because of this the employers do not
agree to bear those costs. Irregular inspection from government
also helps this situation. If government can maintain regular
inspection employers have to cautious for their own favor. RAJUK,
the government agency for construction is quite indifferent to
check the situation. From some interviews we have also found that
some official of RAJUK are corrupted who help the situation be
worsen.
5.
Conclusion
In our quest to find the truth, we have come across the cruel
world of labour workers and realized the risk they undertake every
day of the week. In construction sites, a wrong step is all that is
needed to send them to their deaths. In tanneries, it is a slow but
sure poisoning for the workers.
When visiting the Dom-Inno site in Green Road, we could not see
any of the workers wearing helmets or safety harnesses. There was a
safety net around the construction site to protect civilians
bypassing the construction site but no protection was provided for
the workers. When we asked the authority why they did not provide
the workers with proper protective gear, he answered by saying that
the proper gears were provided but the workers felt more
comfortable without them and is therefore working without them.
15
Following statements from Ahmed Riad Memon of The Real Estate
and Housing Association of Bangladesh known as REHAB will be
helpful in presenting a real understanding. In our sector we are
continuously giving messages for our members to upgrade theirs
sites. If you put on a safety belt there is hardly any chance to
get any accidents. This does not cost that much. If you compare it
to your investment, this is absolutely nothing.
He also went on blaming the workforce. Actually the workers come
to our sites, usually they are unskilled, when they come our site,
we used to train them, train them in the sense that is usually on
the job training, to use helmets on the construction sites, then to
put on gum boots the use of safety nets, but what we found these
workers who actually before coming to our site always were
barefooted, or just putting on simple tee-shirts, and so they are
not familiar with keeping helmets on their head so were are trying
to push them to use these kind of things, but we are facing
problems. According to authorities and officials, it is Rajuks, the
Capital Development Authoritys, fault that the rules and regulation
arent being followed. Rajuk is supposed to insure the Bangladesh
Nation Building Code is being followed, but when asked whether
inspections take place the answer was rarely.
A lot of necessary rules regarding fire hazards are being
followed. But we did notice that one of the fire extinguishers was
expired. Rules regarding hoist and electrical machinery are
followed only up to the point till which authorities seem
necessary, not according to the law.
16
The truth is most of the deaths come the not using of safety
harness and REHAB is trying to encourage and establish that amongst
the workforce.
In Leather Processing factories, tannery, the whole scenario is
different.
When we entered, it instantaneously seemed like a dark world.
When we asked around about safety measures for workers, the
immediate answer at all the three companies were, We give them
everything they need. But when we glanced in we could see that they
were not given protective glasses for their eyes, gloves when
working with chemical and so forth.
In case of fire, precautionary were present but not adequate.
Workers were not given any training; there was no microphone to
announce fire hazards. But some laws such as placing fire
extinguishers, building fire escape were followed.
There is very limited use of heavy machinery in tanneries and
safety precautions around them could not be judged. But there was
little protection from the hazardous chemicals the workers are
constantly exposed to.
To sum everything up, the government needs to come into the
picture in both these industries and clean up the industrialists
act so that the labour workers can finally have some of the rights
they are promised by the Government of Bangladesh.
6.
Referencing
1. Sen, Arun Kumar & Mitra, Jitendra Kumar (2006).
Commercial Law and Industrial Law. (25th Revised Edition) The World
press private limited, Kolkata. pp. 399-450. 2. Paul, Nirmal
Chandra (2007). The Bangladesh Labour Code, 2006 & Other
Related Laws (1ST Edition) Shams Publications, Dhaka. pp. 106-133.
17
3. Rahman, Azizur, 25, September, 2011; Administrative Director,
Bay Tannery 4. Rahman, Rezaur, 25, September, 2011; Administrative
Director, Bay Tannery 5. Gandhi, Ashim, 8, September, 2011;
Managing Director, Sanmar Properties Limited 6. Yusuf, Jawad, 22,
September, 2011, Employee, Dom-Inno Builders Ltd. 7. Health and
Safety Executive, Workplace health, safety and welfare, a short
guide for managers SEBA limited, Salient Features of the Bangladesh
Labor Law 2006 Related to the Rmg Sector 8. International Labour
Organization. (2006). Database of International Labour Standards.
> [Last Visited: 26.05.2011] 9. Gain, P. 1998. Leather Industry:
Environmental Pollution and Mitigation Measures. Dhaka: Society for
Environment and Human Development (SEHD). 10. ILO. 2006. Global
Child Labour Trends 2000-2004. Geneva: ILO-IPEC-SIMPOC. 11. Karim,
AZ. 2005. Baseline Survey on Child Labour situation in Leather
Tannery Industry in Dhaka District. Dhaka: ILO. 12. International
Labor Organization Home [Last Visited: 25.05.2011]
7.
Appendix A: Questionnaire used in the Survey
Safety & Machinery * health inspector factory visit ? ?
*health inspector ? Adopting precaution regarding Fire * ? - ? - ?
? - ? - ? * Fire extinguisher ? * ? * training ? -( fire
extinguishing demo, once in a year) ! 18
Fencing of Machinery (prime mover & fly wheel, head races of
water-wheel & water-turbine, stock bar of lathe)+(generator,
motor, rotary converter, transmission machinery, dangerous part of
any machinery) * ? Striking gear and devices for cutting off power
*electricity * ( ) Cranes & other Lifting Machinery
*maintainance- time period, register of maintainance by a competent
person Hoists & Lifts *maintainance- time period, register of
maintainance by a competent person *hoist & lift ? *maximum ? *
? * ? Revolving Machinery *permanent notice- max speed, velocity of
shaft or pulley *
19