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Legal Reform to Prevent Workplace Death and Injury

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Legal Reform to Prevent Workplace Death and Injury Promoting Safety, Enforcing Rights Legal Reform to Prevent Workplace Death and Injury including analysis of worker deaths, 2010 - 2012 Legal Reform to Prevent Workplace Death and Injury including analysis of worker deaths, 2010-2012 Supported by Promoting Safety, Enforcing Rights and 14/23 Babor Road (4th Floor) Block B, Mohammadpur Anti Trust Dhaka 1207 Tel : 01193 200207 01191 797414 www.safetyandrights.org [email protected] i Legal Reform to Prevent Workplace Death and Injury including analaysis of worker deaths, 2010-2012 Published by Safety & Rights Society 14/23 Babor Road, Block B, Mohammadpur, Dhaka 1207 Tel: 01193 200207, 01191 797414 www.safetyandrights.org [email protected] Date of Publication January, 2013 Copyright Safety & Rights Society Printed by Chowdhury Printers and Supply 48/A/ Badda Nagar, B.D.R. Gate No. 1 Pilkhana, Dhaka-1205 ISBN : 978-984-33-7256-7 ii What is Safety and Rights? Safety and Rights is a local NGO concerned with improving workplace and public safety in Bangladesh, and assisting those injured, or at risk of injury, to enforce their rights under the law. Though Safety and Rights has a particular focus on labour rights, it is also concerned with wider public safety issues involving transport, drugs and other consumer products as well as other wider human rights issues. Bangladesh Worker Safety Programme Safety and Rights's main programme is at present the Bangladesh Worker Safety Programme (BWSP). This programme started in 2006 by the UK based Centre for Corporate Accountability and is now run by Safety and Rights. BWSP aims to improve the health and safety conditions faced by workers in Bangladesh and to ensure that, following a workplace death and injury, dependent families and injured workers receive appropriate compensation according to the law. Its focus is particularly on those in the country's 'industrial' and 'service' sectors It works to improve conditions by: - undertaking research to obtain a better understanding of the occupational health and safety situation in Bangladesh, including the numbers and circumstances of deaths and injuries and the necessary changes in workplace practices - promoting the reform of health and safety legislation in Bangladesh so that it offers appropriate protection to workers; - assessing the activities of the Inspectorate of Factories and Establishments and other regulatory bodies with the aim of seeking improvements in how they seek compliance with, and enforcement of the law. - providing information and guidance to employers so that they understand their health and safety obligations and the steps they need to take to fulfill them; - offering health and safety management training to employers; - assisting trade unions in raising health and safety concerns with employers and enforcement bodies; - filing strategic public interest litigation in the High Court of Bangladesh with the aim of ensuring that state bodies comply with their constitutional and legal requirements to provide workers with safe and healthy conditions at work - Working to ensure the effectiveness of National Industrial Health and Safety Council and the implementation of National Health and Safety Policy iii It assists dependent families and injured workers gain compensation by - monitoring national and regional newspapers for reports of workplace deaths - investigating the circumstances of workplace deaths and contacting dependents to determine whether they need assistance with compensation (together with BRAC Human Rights and Legal Services Programme and Ain-o-Salish Kendra) - obtaining information about workplace injuries through research at hospitals - informing employers of their obligation to pay compensation in relation to specific deaths and injuries and filing cases in the Labour Court where necessary (together with BLAST) iv CONTENTS Chapter 1 : Introduction 1 Kinds of deaths monitored 1 Accuracy of the Information 1 Chapter 2 : Details of deaths in 2010 2 Chapter 3 : Details of deaths in 2011 19 Chapter 4 : Details of deaths in 2012 39 Chapter 5 : Analysis of deaths 59 Introduction 59 Analysis 59 Table 1 : Nos of incidents and deaths, 2010, 2011 and 2012 59 Table 2 : Nos of Deaths by gender, 2010, 2011, 2012 59 Table 3 : Nos of Deaths and percentage by age, 2010, 2011, 2012 60 Table 4 : Deaths by months, 2010, 2011, 2012 60 Table 5 : Deaths by District, 2010, 2011 and 2012 61 Table 6 : Percentage of deaths in key districts, 2010, 2011, 2012 63 Table 7 : Deaths by sector, 2010, 2011 and 2012 63 Table 8 : Deaths in the Manufacturing sector – by kind of workplace, 2010, 2011, 2012 64 Table 9 : Main kinds of Deaths in the Service Sector – by kind of activity, 2008 65 Table 10 : Death by ‘sector’ and ‘cause’ 66 Summary of Findings 67 Chapter 6 : Recommended Legal Changes to the Bangladesh Labour Act 2006 68 Scope of application 68 Comment and Recommendations 70 1. Application to all establishments 70 2. Limited exemptions 70 3. Outside establishment premises 71 v Duty holder 72 Comment and Recommendations 72 Health, Safety and Welfare Duties 73 Comment and Recommendations 73 1. General duty on occupier 73 2. Duty to provide information, training, safe systems of work etc 74 3. Provision of information, training and supervision 75 4. Risk assessment 75 5. Personal Protective Equipment (PPE) 76 6. Noise 77 7. Avoidance of Fire 77 8. Medical Surveillance 77 Enforcement 77 Comment and Recommendations 79 1. New Powers and functions to Chief Inspector 79 A. Power to prohibit or restrict certain chemicals work processes etc 79 B. Exposure limits 79 C. Action following a reportable death 79 2. nspectors powers to require improvements 79 3. Period of time before prosecution in death and injury cases 80 4. Prosecution of offences 80 5. Action following report of an Offence 80 Compensation 81 Comment and Recommendations 82 1. Duty to be placed on occupier 82 2. Amendment to Section 161 82 A. Requiring property owners to pay compensation where no developer 82 B. Giving the ‘Principal’ the key responsibility to pay compensation 82 C. Payment of immediate medical, transport or burial costs 83 3. Which jobs allow for compensation following injury or death 83 vi 6ô Aa¨vq : evsjv‡`k kªg AvBb, 2006: mycvwikK…Z ms‡kvabxmgyn 85 cÖ‡qvM cwiwa 85 gšÍe¨ I mycvwik 87 1. mKj cÖwZôv‡bi †¶‡Î cÖ‡hvR¨ 87 2. Ae¨vnwZmg~n 87 3. cÖwZôv‡bi Avw½bvi evwn‡i 88 wWDwU †nvìvi (`vwqZ¡cÖvß e¨w³/ cÖwZôvb) 88 gšÍe¨ Ges mycvwik 89 ¯^v¯’¨, wbivcËv I Kj¨vYg~jK `vwqZ¡mg~n 89 gšÍe¨ I mycvwik 90 1. AKz¨cvqv‡ii mvaviY `vwqZ¡mg~n 90 2. Z_¨, cÖwk¶Y, Kv‡Ri wbivc` c×wZ BZ¨vw` cÖ`vb Kivi `vwqZ¡ 91 3. Z_¨, cÖwk¶Y, ZË¡veav‡bi e¨e¯’v 91 4. SuywK wbiƒcY 92 5. e¨w³MZ myi¶v miÄvgvw` (PPE) 92 6. kã `~lY/ D”P kã 93 7. AwMœKvÛ cÖwZ‡iva 93 8. ¯^v¯’¨ bRi`vwii e¨e¯’v 93 AvBb cÖ‡qvM 94 gšÍe¨ I mycvwik 95 1. cÖavb cwi`k©‡Ki ¶gZv I `vwqZ¡ 95 K. KwZcq ivmvqwbK c`v_©, Kg© c×wZ BZ¨vw` wbwl× Kivi ¶gZv 95 L. Aby‡gv`b‡hvM¨ m‡e©v”P gvÎv 95 M. †bvwUk‡hvM¨ g„Zz¨i †¶‡Î KiYxq 95 2. cÖ‡qvRbxq Dbœq‡bi †¶‡Î cwi`k©‡Ki ¶gZv 96 3. cÖvYnvbx I kvixwiK RLg nIqvi ‡¶‡Î gvgjv `v‡qi Kivi c~e©eZ©x mgq 96 4. kªg Av`vj‡Z Aciv‡ai Awf‡hvM `v‡qi 96 5. Aciv‡ai †bvwUk cvIqvi ci KiYxq 97 ¶wZc~iY 97 gšÍe¨ I mycvwik 98 1. AKz¨cvqv‡ii Ici `vwqZ¡ cÖ`vb 98 2. aviv 161 Gi ms‡kvab 98 K. †Kvb †W‡fjcvi bv _vK‡j m¤úwËi gvwjK ¶wZc~iY cÖ`vb Ki‡eb 98 L. ¶wZc~iY cÖ`v‡b ÔwcÖwÝcvjÕ Gi cÖwZ g~j `vwqZ¡ cÖ`vb 99 M. Zvr¶wYK wPwKrmv I g„Zz¨ cieZ©x LiPv`x enb 99 3. †hme KvR Ki‡Z wM‡q kvixwiK RLg ev cÖvYnvbx NU‡j ¶wZc~iY cvIqv hv‡e 100 Annex-1 101 vii CHAPTER - 1 Introduction This report provides details of workplace deaths that took place in Bangladesh in period 2010, 2011 and 2012 in the manufacturing, construction, service, agricultural and transport sectors and analyses the incidents by sector, cause, age of the deceased, and location of the incident. Information about the deaths was obtained by monitoring 15 national papers and 11 regional papers (from the Districts of Barisal, Chittagong, Khulna, Rajshahi and Sylhet.) Kinds of deaths monitored This report focuses on deaths of workers at the workplace arising out of issues relating to occupational safety and health and concerned with the management of the work. Unlike our report relating to workplace deaths in 2006 to 2009, in this report we have tried to collect details of transport workers (drivers, conductors or helpers working in vehicles) who have died in the course of their work. However, it does not include deaths of workers travelling to or from work as these deaths primarily raise issues of road traffic safety rather than occupational health and safety. The report also does not include deaths of workers as a result of police, or other kinds of, violence or in incidents outside of the workplace - as none of these relate to occupational health and safety issues. This report focuses on industrial and service sector deaths - but it does include details of certain agricultural deaths (where the newspaper report clearly indicate a workplace safety issue). Very few agricultural sector deaths are reported in the newspapers. Deaths at sea are excluded since whilst there are many reports of missing seamen - it is very difficult to know whether these have anything to do with the management of health and safety issues, and in addition, further press reports often fail to indicate whether or not the workers have died or survived.
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