Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Labour Inspection Convention, 1947 (No. 81) - Bangladesh (Ratification: 1972)

The Committee notes the Government’s reply to its previous questions concerning (i) the responsibilities and inspection activities under the Bangladesh National Building Code (BNBC), and (ii) the developments concerning labour inspection and occupational safety and health (OSH), including the establishment of an OSH Council, and the setting up of a committee to work on rules and regulations concerning OSH (Articles 3(1) and 5(b) of the Convention).

Articles 9 and 14. Notification of industrial accidents and cases of occupational diseases. The Committee previously noted the observations made by the Bangladesh Free Trade Union Congress (BFTUC) on the under-reporting of industrial accidents and the Government’s indication that it was working on rules for the notification of cases of occupational diseases pursuant to section 82 of the Bangladesh Labour Act (BLA) (which provides that the form and time limits for the notification of occupational diseases shall be prescribed by rules), but that no cases of occupational disease had yet been recorded due to a lack of staff and the absence of recording mechanisms for this purpose.

In this regard, the Committee also notes that Rule 74 of the 2015 Labour Rules provides that an employer (or the concerned worker or other person) shall notify the labour inspection services within 24 hours where “it appears to the employer or he learns that a worker suffers from a disease described in Schedule II of the Rules”. The Committee also notes that there do not seem to be any consequences for employers where they fail to notify the labour inspection services in accordance with this provision, though section 290 of the BLA provides for sanctions where an employer has failed to notify the labour inspection services of an occupational accident in circumstances where it results in a fatality or serious injury. The Committee further notes from the information provided by the Government that in 2014, 1,230 industrial accidents were recorded, but no statistics are provided on cases of occupational disease.

With regard to the Committee’s request concerning the steps taken to improve the system for notifying the labour inspection services of industrial accidents and occupational diseases, the Committee notes that the Government refers to the recruitment of additional labour inspectors specializing in OSH. The Government also refers to the regular awareness-raising activities of labour inspectors, drawing employers’ attention to their legal obligations in relation to industrial accidents and occupational diseases. It also notes the Government’s indication that work is currently being undertaken to digitalize the records of industrial accidents. The Committee requests the Government to continue to provide information on the steps being taken to improve the system for notifying the labour inspection services of industrial accidents and incidents of occupational disease (by, for example, awareness-raising activities among employers and workers concerning the recording and notification of industrial accidents and occupational diseases, the penalties for non-compliance with reporting obligations and whether they are adequate, the recruitment of medical doctors to identify incidents of occupational disease, the purchase of recording devices for this purpose, etc.).