Review - Policy, Law and Literature

MEDIA STRATEGY ON OHS ISSUES
2015
Review: Policy, Labor Law and Literature
Assessment and planning to identify key audiences, messages and media
for a comprehensive campaign to ensure occupational health and safety
Prepared and Edited By: Jhuma Halder
C O M M U N I C A , 3 4 / 1 , D H A N M O N D I , D H A K A - 1 2 0 5

Review:Policy,Labor Law and Literature 2
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Table of Contents
Chapter - One ................................................................................................................................. 4
Review: National Occupational Health and Safety policy - 2013................................................... 4
1. Background................................................................................................................. 4
2. Goal .............................................................................................................................. 4
Legal obligations ................................................................................................................... 4
3. Roles and Responsibilities of Stakeholders........................................................... 4
a. Roles of government................................................................................................. 5
b. Roles and responsibilities of owner’s association ............................................... 5
c. Roles and Responsibilities of Trade Unions.......................................................... 6
d. Roles and Responsibilities of employers and management ............................... 6
e. Roles and Responsibilities of workers and employees....................................... 6
4. Implementation work plan ......................................................................................... 6
5. National OHS Policy Framework.................................................................................. 7
Chapter – Two................................................................................................................................. 7
Labor Law – 2006 (Amended in 2013) ........................................................................................... 7
1. Background................................................................................................................. 7
2. Objectives.................................................................................................................... 8
3. Scope of implementation........................................................................................... 8
4. Workers welfare issues.............................................................................................. 8
5. Accident related issues.............................................................................................. 9
6. Women’s welfare and Gender issues....................................................................... 9
7. OHS issues................................................................................................................ 10
8. Inspection.................................................................................................................. 10
Chapter – Three............................................................................................................................ 11
Aims, Roles and responsibilities of OHS development agencies ................................................ 11
Aims, Roles and Responsibilities of ILO, Accord, Alliance................................................... 11
A. Aims of ILO conventions......................................................................................... 11
B. Roles and Responsibilities of ILO .......................................................................... 11
C. Roles and responsibilities of Accord..................................................................... 12
D. Roles and responsibilities of Alliance.................................................................... 13
Chapter – Four.............................................................................................................................. 13
Review: Literature ......................................................................................................................... 13

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1. Introduction............................................................................................................... 13
2. Key Issues on OHS................................................................................................... 14
3. Present status on OHS............................................................................................. 14
4. Analysis...................................................................................................................... 14
6. Recommendations...................................................................................................... 16
Chapter – Five............................................................................................................................... 16
References.................................................................................................................................... 16
References........................................................................................................................... 16
A. Articles...................................................................................................................... 16
B. Law and Policy.......................................................................................................... 17
C. Websites..................................................................................................................... 17

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Chapter - One
Review: National Occupational Health and Safety policy - 2013
Occupational Health and Safety Policy – 2013
1. Background
The global, ethical and legal obligations are immensely important to ensure Safe Work
Environment and Health Safety, formulation of National Policy on Occupational Health and
Safety. Implementation of the policy ensures safety of the workers and increases industrial
productivity. It is vital role to attain higher growth rate and ensure survival in competitive
local and international markets. Article 7, 14 and 20 of Bangladesh Constitution stated about
Safe Work Environment and Health Safety of the Workers. ILO Convention number 155,
161, 187, Protocol 155 and Recommendation 164 and 197 pronounced the Safety at work
place and Health Safety of workers. Moreover, 60th
conference of WHO in 2007 sets out 5
(Strategic) objectives to fulfill Global Plan of Action on Workers Health 2008-17.
2. Goal
 Improvement of Occupational Health and Safety for all who is working in formal and
informal sector in Bangladesh so that the number of death, injury and disease related
to occupation gradually reduces and the constitutional and global obligation of the
State fulfilled.
Legal obligations
 Identified risks with ranking.
 Appropriate technology and infrastructure along with basic awareness and
training of the workers.
 Maximum safety in transporting, storage and use of hazardous chemical and
other materials.
 Documentation of all data about OHS.
 Medical treatment and compensation for the victims of accidents.
 Rehabilitation of workers/victims.
3. Roles and Responsibilities of Stakeholders
(Government, Trade Unions, Employers and Management and Workers and Employees)

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a. Roles of Government
 Define and identify risks with priorities;
 Formulate, upgrade and implement national policy and legal infrastructures;
 Arrange regular consultation with stakeholders and take necessary steps;
 Coordinate, communicate and ensure liaison with WHO and ILO;
 Document all data about OHS (injury, death, support) properly;
 Set/Place specialized and trained specialists for better OHS and medical
support for wounded and affected workers;
 Establish labour courts in specific areas of the country and set up separate
unit for Occupational Health and Diseases (OHD) in public hospitals;
 Take urgent steps to reduce accidents in risk prone industries;
 Follow the OHS conventions of ILO and take steps in implementation of
policy of WHO;
 Review and update all law regarding OHS in every five years;
 Celebrate national OHS day;
 Include OHS related lessons in secondary and higher secondary level
curriculum;
 Organize training for the higher officers/workers aimed at improving
operational management;
 Campaign on OHS and
 Take necessary steps towards modernizations of technology and
strengthening of department of Factories and Establishments Inspections.
b. Roles and responsibilities of Owner’s Association
 Inspire and motivate owners to implement laws and regulations related to
OHS;
 Review the activities undertaken by owners and form policy monitoring
committees;
 Organize training/discussion meetings for improvement of OHS quality
among member organizations;
 Participate in actions of the Tripartite Forum and Bangladesh Industrial
Health and Safety Council inspiring/motivating owners for documentation of
all data about OHS;

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 Establish special occupational health and safety unit/cell in the Owners
Associations and ensure medical treatment and compensation for
wounded/affected workers;
 Accept the malignance and negligence towards factory and worker.
c. Roles and Responsibilities of Trade Unions
 Inspire every member of Union to abide by laws/rules on OHS and aware the
workers and officials about the law and rights with responsibilities;
 Participate, cooperate and provide necessary support in bilateral and tripartite
discussion and activities on OHS;
 Expand full support to the activities of occupational health surveillance in
identifying work related diseases or OHS problems;
 Voice the need of the unheard (especially the women, weak) in a
systematic/responsive manner.
d. Roles and Responsibilities of Employers and Management
 Identify risk of OHS and inform all about the risks and ensure maximum
safety;
 Ensure arrangements for precautionary/safety measures;
 Document all data about OHS and use data for plan of developmental work;
 Establish safe work procedure at work place practicing security instructions
using personal protection equipments;
 Organize periodic safety drills to keep the workers abreast of the
system/practices.
e. Roles and Responsibilities of Workers and Employees
 Follow the directions of the authority/employer to ensure OHS and PPE;
 Participate actively in all the program and trainings on OHS and implement
acquired knowledge at work place;
 Inform proper authority to address any health related problems, hazardous
condition and seek authorized medical support;
 Create a mutual support and response system among themselves.
4. Implementation of the Work Plan

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 As a focal person Joint Secretary of Ministry of Labor and Employment forwards to
Union with stakeholders in the public and private sector and formulate action plan in
accordance with goal of the policy;
 Develop an action plan of specific programs and activities to ensure implementation
of the OHS policy with specific terms;
 Government will publish an annual report on the program/activities of the
Government, owner’s organizations/associations and trade union/association include
in the national plan of action on the policy;
 A permanent technical committee, comprise of representatives from the
Government, owners, workers and activist organization/agencies will be working on
occupational health and will be reviewing the national action plan finalizing the next
year plan;
 Provide necessary support from national and international development partners for
implementing national plan of action;
 Act as the spokesperson on behalf of the Government and OHS issues.
5. National OHS Policy Framework
The constitution of Bangladesh adapted on the November 4th 1972 recognizes productivity as a
basic need for economic development and covers the right to work and reasonable wages,
medicare and, disease and disablement. And thus it is assumed the health and safety of
industrial workers has been taken care of. The Occupational Health and Safety Services in
Bangladesh, is still in the developmental stage. In Bangladesh Occupational Health and Safety
generally refers mainly to needs of workers of industries or some manufacturing process but
does not completely cover all recognized occupations of the country.
Chapter – Two
Labor Law – 2006 (Amended in 2013)
Labor Law – 2006 (Amended in 2013)
1. Background
Bangladesh government approved the new Labour Act with considerable amendments to
boost worker rights, including the freedom to form trade unions, and improving occupational
health and safety condition at the industries. The new Labor Act – 2006 has introduced a

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good number of important items like retirement benefit, death benefit, appointment letter,
enhancement of compensation of both death and permanent disability, introduced of
provident fund, punishment for sexual harassment, workers safety, safety committees,
workers health centers, etc.
2. Objectives
 To deal with the workers employed in the formal sectors;
 To allow trade unionism in factories, ensuring safety measures for workers at
their workplace, introducing compulsory group insurance and stopping children to
be involved in hazardous works;
 To include a central fund to improve living standards of workers;
 To assure union members not to transfer labor unrest to another factory of the
same owner.
3. Scope of implementation
The scope of implementation of the Labor Act – 2006 partially includes certain employees and
workers of Government and educational establishment, seamen. The act also applies for
establishment for treatment or care of the sick, aged, destitute, mentally disable, orphan,
abandoned, child widow or deserted women who are not gaining profit or income.
This act is expedient to consolidate and amend the laws relating to employment of labour,
relations between workers and employers, determination of minimum wages, payment of wages
and compensation for injuries to workers, formation of trade unions, raising and settlement of
industrial disputes, health, safety, welfare and working conditions of workers, apprenticeship
and matters connected therewith.
4. Workers welfare issues
 All the workers are accessible to receive first aid from the factory at the time
of working hour. A registered medical practitioner will examine adolescent
person and will give decision as to the fitness of that person;
 All the workers are able to receive washing and bathing facility after using
chemicals;
 All the workers are entitled to receive compensation after attack with any
disease at the time of professional work for the particular work and directly

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attribute to a specific injury by accident arising out of and in the course of his
employment.
5. Accident related issues
 Declare the specific operation addressing hazardous;
 Prohibit or restrict employment of women, adolescents or children in hazardous
operation;
 Provide periodical medical examination of persons employed in dangerous
operation and prohibit employment of persons not certified as fit for such
employment;
 Provide protection of all persons employed in the unsafe operation or in the
vicinity of the places where it is carried on and the use of any specified materials
or processes in connection with risky operation;
 Notify specifying use and precautions regarding use of any corrosive chemicals
and to cause physical injury to any worker at any time immediately after it has
come to employer’s notice about dangerous building and machinery;
 Inform about accidental issues causing loss of life or bodily injury, or when an
accidental explosion, ignition, outbreak of fire or irruption, outbreak of fire or
irruption of water or fumes occurs in an establishment;
 Prevent and take precaution of any manufacturing process produces dust, gas,
fume or vapour of such character and to such extent as to be likely to explode on
ignition;
 Take necessary steps for building, ways, machinery or plant that can used with
safety and at least one alternative connection stairway with each floor and such
means of escape in case of fire and firefighting apparatus, window, or other exit
affording means of escape in case of fire, other than the means of exit in ordinary
use and a free passage-way giving access to each means of escape in case of
fire;
 Mark in Bangla and in red letters of adequate size or by some other effective and
clearly understood signs.
6. Women’s welfare and Gender issues
 Separate and adequate screened facility for both male and female workers;

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 Establish baby care or child care rooms with adequate accommodation, adequately
lighted and ventilated and maintained in a clean and sanitary condition and trained or
experienced woman will be in charge of the care of children and infants;
 Notify or order of discharge, dismissal, removal or termination of employment to a
woman within a period of six month before and eight weeks after her delivery and
such notice or order is given without sufficient cause that can not deprive her rights
under this act;
 Any pregnant woman is entitled to maternity benefit and gives notice either orally or
in writing to her employer that she expects to be confined within eight weeks next
following and can nominate a person for purposes of receiving payment of maternity
benefit in case of her death.
7. OHS issues
 Clean and safe washing and bathing places;
 Provide canteen facility as per Government rule in respect of construction,
accommodation, furniture and other equipment;
 Establish adequate and suitable shelters or rest rooms for lunch room, provision of
drinking water, eat meals brought by home, prayer rooms;
 Provide recreational facilities for the workers and their children as may be
prescribed;
 Notify all workers about using personal protection equipment, such as protection of
eye, hand, feet, body, mouth, protection form fire, etc..
8. Inspection
 Notify to the employers and workers regarding any matter, thing or practice in or
connected with the establishment or with the control, management or direction on
dangerous to human life or safety or defective to the bodily injury of any person
or establishment;
 State in the notice about the particular considered establishment, or part of the
matter, thing or practice, dangerous or defective and require remedy within time
and manner;

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Chapter – Three
Aims, Roles and responsibilities of OHS development agencies
Aims, Roles and Responsibilities of ILO, Accord, Alliance
A. Aims of ILO conventions
o The aim of the policy of the convention C155 is to prevent occupational
accidents and injury to health and illnesses by identification and minimizing the
causes of hazards in the working environment.
o The aim of the convention C161 is to establish and maintain a safe and healthy
working environment which will facilitate optimal physical and mental health in
relation to work. Although in Bangladesh this convention does not ratify but
recommendations and practices through existing rules and regulations are exists.
o Factory Act - 1965 and Factory Rules - 1979 and in some other laws and
regulations relatable to OHS are present. Qualitative inspections regarding safety
and health in the working place is possible but it could not be monitored in terms
of quantitative standard values and permissible limits.
o For refinement of the ILO act the motivation of all the parties - policymakers,
employers and employees are required.
o These laws have provisions on occupational hygiene, occupational diseases,
industrial accidents, protection of women and young persons in dangerous
occupations and also cover conditions of work, working hours, welfare facilities,
holidays, leave etc. But most of the laws are lacking in standard values and not
specific rather general in nature.
B. Roles and Responsibilities of ILO
 Sales and Marketing – International Labor Organization has own vision and
strategic plan to interact and innovate goals of Center for recruitment. It
manages the developmental plan of Center Marketing of the company. It
introduces the senior leadership team and to determine and market the
Center’s “value proposition” for membership in the IAB and IAB’s periodically
survey determine perceive and desire “value receive”.

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 Communications and IAB Relationships – International Labor
Organization has planned to arrange and manage IAB meetings, seminars,
research reviews, workshops and other gatherings involving the IAB and
Center PIs, research scientists, students and staffs. It manages/or facilitates
IAB communication mechanisms such as newsletters, video seminars,
surveys, marketing materials, research summaries. It serves as the primary
source of contact with IAB members so that overloaded PIs can concentrate
on research and serves as the internal advocate for industry interests in the
ERC).
 Career Development and Entrepreneurial Activity – International Labor
Organization manages and/or delivers training (especially to students) in
areas that support or stimulate entrepreneurial activities. It establishes
relationships with and support involvement with small business development
and entrepreneurial support organizations as well as venture capitalists to
support the creation of new business based on Center technology, Partner
with the Center’s Education Director in promoting industry/student
interactions.
 Business Management – The most important work of ILO is to manage
memberships – including collecting annual fees and to make the Center PIs
aware of industry related grant solicitations and, if the Center pursues a
solicitation, assist in the proposal generation. It helps to create the Center’s
conflict of interest policy and monitor its implementation and use.
C. Roles and responsibilities of Accord
(A binding agreement between companies and unions, governed jointly)
 Coordinate their (70 fashion and retail brands sourcing RMG from
Bangladesh) effort to help improve safety in Bangladesh’s factories which
supply them for Fire and Building Safety;
 Bring tangible change on the ground and help make the Bangladeshi garment
industry safe and sustainable;
 Renovate all unsafe factories and repair with brands guaranteeing funds for
the necessary safety upgrade;

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 Under the Accord, the right of workers to refuse dangerous work, including
the right to refuse to enter a dangerous building, is protected;
 Make available all report of factory inspections to worker representatives and
notify right away of any imminent safety threats;
 Make all factory reports are being renovated as agreed.
D. Roles and responsibilities of Alliance
(Bangladesh Worker Safety Initiative from leading retailers of North America,
developed Through Independent Facilitation of Senators Mitchell and Snowe)
 The engagement of and partnership with the Bangladeshi and U.S.
governments, as well as with the factory owners to ensure that there is
accountability among all parties and thus the opportunity for sustained and
lasting change in Bangladesh;
 The initiative calls for inspections of 100 percent of alliance member factories
within the first year; common safety standards to be developed within the
next three months; inspections results that are transparently shared; and that
all alliance factories actively support the democratic election and successful
operation of Worker Participation Committees (WPC) at each factory.
Chapter – Four
Review: Literature (related to OHS)
1. Introduction
The occupational health and safety service in Bangladesh is still in the developmental stage.
The occupational health & safety refers mainly to needs of workers of industries or some
manufacturing processes but does not completely cover all occupations of the country. The
main laws related to occupational health & safety in this country is the Factory Act 1965 and the
Factory Rule of 1979. There are a number of other laws and regulations that are also have
some provisions related to occupational health and safety. These laws have provisions on
occupational hygiene, occupational diseases, industrial accidents, protection of women and
young persons in dangerous occupations and also cover conditions of work, working hours,
welfare facilities, holidays, leave etc.

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2. Key Issues on OHS
In terms of working conditions, issues regarding the noise level are not stated in the Bangladesh
Labor Law 2006 or the Joint Initiative on Corporate Accountability and Workers Rights (Jo-In)
Code but the Bangladesh Environment Acts clearly define the exact level noise that factories
must adhere to. Besides the noise issue, all the other working condition requirements of the
general codes of conduct are fully covered in the Bangladesh Labor Law - 2006. The welfare
and safety requirements of the general codes of conduct are also fully covered by the
Bangladesh Labor Law - 2006. The Bangladesh Labor Law - 2006 states very specific
requirements regarding the safety aspects. For example, there must be one fire extinguisher for
every 1000 square feet of space. The health and safety management is not covered by the
Bangladesh Labor Law 2006. Ethical Trading Initiatives (ETI) and Worldwide Responsible
Apparel Production (WRAP) also do not cover the OHS management system requirements and
the Fair Wear Foundation (FWF) does not state that there must be an OHS management
representative. Management systems are usually additional requirements by some brands and
retailers. Regular health and safety training is not mentioned in the Bangladesh Labor Law -
2006 directly whereas it is thoroughly covered in the general codes of conduct. The Bangladesh
Labor Law - 2006 states some safety training requirements. Regarding fire safety issues, if a
factory has more than 10 workers on any floor beyond the ground level, a training of means of
escape in case of a fire, is required. Also, if a factory has more than 50 employees, a fire drill
once a year in mandatory and every 6 months is recommended.
3. Present status on OHS
The main laws related to occupational health & safety in this country is the Factory Act 1965
and the Factory Rule of 1979. There are a number of other laws and regulations that are also
have some provisions related to occupational health and safety. These laws have provisions on
occupational hygiene, occupational diseases, industrial accidents, protection of women and
young persons in dangerous occupations and also cover conditions of work, working hours,
welfare facilities, holidays, leave etc. In Bangladesh Occupational Health and Safety generally
refers mainly to needs of workers of industries or some manufacturing process but does not
completely cover all recognized occupations of the country.
4. Analysis
The Bangladesh Labor Law 2006 is a strong piece of legislation which covers majority of the
International standards. In Bangladesh, the Government has some kind of occupational health

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care services and safety standards. Occupational health services are provided as benefits by
employers and generally are separate from other community health services. In the developing
countries, many of which are undergoing rapid industrialization, the importance of occupational
health is increasingly realized. It is of concern that in Bangladesh, like other developing
countries pre-existing malnutrition and a high incidence of infectious disease, however,
frequently compound the problems of exposure to occupational hazards.
In Bangladesh the occupational health & safety services is not well organized. Different
ministries such as railway, port and shipping, jute, textile etc. operate the occupational health
care program through various departments and directorates. It is the legal obligation of the
employers to provide Medicare in case deterioration of health or injuries results in from
exposure to agents related to work situation. Medical officers have been employed by various
agencies in accordance with section 44 of Factories Act 1965, which is obligatory for those
factories having 500 or more workers. The labor laws in Bangladesh have been framed which
requires employers to undertake corrective measures on occupational safety and health. Lack
of awareness, training, non-compliances of the OSH standards by the employers, the negative
involvement of the workers could not achieve the goal of providing safety and health to the
workers as intended by the laws.
5. Planning for media campaign on OHS and recommendations
Key areas Broad Indicators Specific Legal Indicators (Select Indicators)
Occupational
Safety and
Health
Occupational
accidents, Hazards
and Diseases
Accident prevention regulations, prevention
from workplace hazards, safeguards against
work-related diseases
Safety Equipments/
Tools and Facilities
Fire extinguisher & emergency fire exit,
protective kits, helmets, shoes etc.), safety
measures
Workplace
Environment
Cleanliness, noise, temperature, ventilation,
lighting, fumes, working space, drinking water,
segregated toilet/washroom
Welfare
and
Social
Protection
General Welfare
Provisions
First-aid appliances, health care & information,
canteen, restrooms, accommodation, maternity
benefits, etc.
Social Security
Provisions
Pension, provident fund, gratuity, welfare fund,
insurance (accident, life, etc.), compensation
(injuries, disabilities), etc.

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The non-compliance of the labour legislations relates to non-compliances of the ILO
conventions. Therefore, non-compliances or non-implementations of labour laws have short-
term and long-term effect on the economy of Bangladesh. Therefore, the lack of
implementations of legal provision i.e. the non-compliances of the ILO conventions in the work
places not only cause loss of the workers, it causes a huge loss to the employers and the nation
as a whole.
6. Recommendations
 Occupational Health and Safety management should be encouraged;
 Expand OSH and OHS programs to all occupations;
 Broaden coverage of OSH to coverall occupations;
 Develop and strengthen institutional capacity to provide education and training related to
OSH and OHS;
 Disseminate more OSH and OHS information;
 Introduce interim incentives for adopting and implementing OSH programs;
 Control of elements hazardous to health like dusts, gases, fumes, etc. associated with
particular operations.
 Arrange periodical medical examination for persons engaged in hazardous operations.
(OSH – Occupational Safety and Hazards and OHS – Occupational Health and Safety)
Chapter – Five
References
References
A. Articles
1. A Handbook on Labor Law – 2006, Published by Bangladesh Employer’s Federation,
August – 2009
2. The role of the ILO in implementing local economic development strategies in a
globalized world, Andrés Rodríguez-Pose, Department of Geography and Environment
LSE, Houghton Street, London WC2A 2AE, email: a.rodriguez-pose@lse.ac.uk, London,
31 December 2001
3. Analysis: Current and Pending Labour Legislation of Bangladesh, By A. K. M. Nasim, Sr.
Counselor, The Solidarity Center, Date: June 12, 2013

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4. Amended Bangladesh Labour Act 2013 under criticism, Submitted by Hisham Bin
Mustafa, The Financial Express, 22/07/2013
5. Bangladesh Labor Laws (Amendment) 2013: Implication on Shrimp Processing Sector
6. BANGLADESH LABOUR LAW: Reform DIRECTIONS, Study conducted by: Jakir
Hossain, Mostafiz Ahmed, Afroza Akter, in association with, BILS Research and
Advisory Team, November 2010
7. Working Paper No – 6, A COMPARATIVE ANALYSIS BETWEEN THE BANGLADESH
LABOR LAW 2006 AND 7GENERAL CODES OF CONDUCT By Ameena Chowdhury,
Hanna Denecke, Dhaka, October 21, 2007 (PROGRESS (promotion of social,
environmental and production standards in the ready-made garment sector) is a joint
program of the Bangladesh Ministry of Commerce and the German Federal Ministry of
Economic Cooperation and Development (BMZ), implemented by GTZ
8. Price Blood and Sweat, Garment Workers Safety in Bangladesh, Prepared by – Nishat
Farzana, Class Roll: RK-19, BSS 5th
Batch, Department of Development Studies,
University of Dhaka, Submission date – 10 October, 2013
B. Law and Policy
1. National Occupational Health and Safety Policy – 2013, Gazette Published in
November 5, 2013
2. Labor Law – 2006, Amendment in 2013,
C. Websites

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