THE BANGLADESH LABOUR ACT, 2006, CHAPTER VI

CHAPTER VI
SAFETY

  1. Safety of building and machinery.—(1) When it appears to an Inspector that any building, or any part thereof, or any road, machinery or plant 1[or internal electrical system of a building] an establishment is in a condition which is dangerous to human life or safety, he may, by an order in writing, direct the employer to take such measures as, in his opinion, are required to be taken, within such time as may be specified in the said order.
  • When it appears to an Inspector that the use of any building, or any part thereof or any road, machinery or plant 2[or internal electrical system of a building] an establishment is in imminent danger to human life or safety, he may, by an order in writing, address to the employer, prohibit its use until it is properly repaired or altered.
  1. Precaution as to fire.—(1) Every establishment shall be provided with such means of exit including at least one alternative staircase connecting with every floor at the time of fire and 3[requisite number of] fire fighting equipments [in every floor] as may be prescribed by rules.
  • If it appears to an Inspector that no means of exit has been provided according to the rules mentioned in sub-section (1) 4[or no requisite number of fire fighting equipments have been placed according to the licence given by the Fire Service Department], he may, by serving an order in writing upon the employer, inform him of the measures which in his opinion are required to be taken within the time specified in that order.
  • In every establishment the door affording exit from any room shall not be locked or fastened so that the person working in the room may easily and immediately open it from inside 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. [1] [2] [3] [4]

![(3a) In every establishment, while work is going on, no exit of a room shall be kept locked or fastened and no exit shall be hindered or no barrier shall be put on the way.

(3b) All doors shall be made in such a way that they may be opened at once from inside of a working room to outwards.

(3c) If there is any door between 2 (two) rooms, it shall be made in such a way that it may be opened near to the nearest exist of the building and no such door shall be kept locked or hindered while work is going on.]

  • In every establishment, except the exit for ordinary use, every window, door or other exit affording means of escape in case of fire shall be distinctively marked in Bangla letters by red colour or marked by other clearly understood sign.
  • In every establishment, the clearly audible whistle shall be provided to alarm every worker employed therein in case of fire or danger.
  • A free passage-way giving access to each way of exit in case of fire shall be provided for the use of the workers in every room of the establishment.
  • In every establishment where 10 (ten) or more workers are ordinarily employed in any place above the ground floor, or explosive or highly inflammable materials are used, or stored, effective measures shall be taken to ensure that all workers may be familiar with the means of escape in case of fire and are adequately trained in the routine work to be followed in such cases.
  • In factories and establishments wherein 50 (fifty) or more workers/ employees are employed, at least once in every [5] [6][6 (six) months] a mock fire­fighting shall be arranged and a book of records in this regards shall be maintained in the prescribed manner by the employer.
  1. Fencing of machinery.—(1) In every establishment the following machinery, while in motion or in use, shall be securely fenced by the safeguards of substantial construction, namely:—
  • every moving part of a prime mover, and every fly wheel connected therewith;
  • both face of every water wheel and water turbine;
  • every part of a stock-bar which projects beyond the head stock of a lathe; and
  • unless the following machinery are in such position or of such construction as to be safe to every person employed in the establishment as they would be if they were securely fenced—
  • every part of an electric generator, a motor or rotary converter,
  • every part of transmission machinery,
  • every dangerous part of any machinery:

Provided that for the purpose of determining whether any part of machinery is safe as aforesaid, any occasion of examination or operation made or carried out in accordance with the provisions of section 64 shall not be taken into account.

  • Without prejudice to any other provision of this Act relating to the fencing of machinery, every revolving shaft, spindle wheel or every set screw, bolt and key on any pinion and all spur, worm and other toothed or friction gearing in motion with which any worker generally comes into contact such appliances shall be securely fenced to prevent such contact.
  1. Work on or near machinery in motion.—(1) Where, in any establishment, it becomes necessary to examine any part of machinery while in motion under section 63, or as a result of such examination to carry out any mounting or shipping of belts, lubrication or other adjusting operation while the machinery is in motion, such examination or operation shall be carried out by a specially trained male worker, and the tight-fitting cloths shall be worn by that worker, and his name shall be recorded in the register prescribed in this behalf, and while such worker is engaged in such works, he shall not handle a belt at a moving pulley, unless the belt is less than 15 (fifteen) centimetres in a width and its joint is tightened with flush and lace.

(2) The Government may, by notification in the official Gazette, prohibit cleaning, lubricating, adjusting of any specified moving part of any machinery in any specified establishment.

  1. Striking gear and devices for cutting off power supply.—(1) In every establishment—
  • the suitable striking gear and other efficient mechanical appliance which shall be used to move driving belts to and from fast and loose pulleys of the transmission machinery shall be maintained, and such gear or appliances shall be so constructed, placed and maintained as to prevent the belt from cropping back on the first pulleys;
  • when any driving belt is not in use, it shall not be allowed to rest upon any shaft in motion.

(2) Suitable devices for cutting off power in emergencies from running machinery shall be provided in every work-room of every establishment.

  1. Automatic machines.—Where any moving part of an automatic machine and any material carried thereon in an establishment is in a space over which any person is liable to pass either for the purpose of duty or for any other reason, it shall not be allowed to move outward or in ward between 45 (forty-five) centimetres from any fixed structure which is not a part of such machine:

Provided that the Chief Inspector may permit, on such conditions for ensuring safety as he thinks fit, the continued use of a machine installed before the commencement of this Act which does not comply with the requirements of this section.

  1. Casing of new machinery.—After the commencement of this Act, in every power driven machinery installed in an establishment—
  • every set screw, belt or key, or any revolving shaft, spindle wheel or pinion shall be so sunk, encased or otherwise effectively guarded so as to prevent danger;
  • all spur, worm and other toothed gearing, which does not require frequent adjustment while in motion, shall be completely encased, unless it is so situated as to be safe if it were completely encased.
  1. Cranes and other lifting machinery.—In an establishment, the following provisions shall apply to all cranes and other lifting machinery, except hoist and lift namely:—
  • the fixed or movable working gear, ropes, chains and anchoring or fixing appliances and every part thereof shall be—
  • of good construction with sound material and adequate strength,
  • properly maintained,
  • thoroughly examined by a competent person at least once in every 12 (twelve) months and a register shall be maintained containing particulars prescribed by rules, of every such examination;
  • no such machinery shall be loaded beyond the working load marked thereon;
  • while any person is working on the wheel-tract of a traveling crane in any place, where he is likely to be struck by the crane, effective measures shall be taken to ensure that the crane does not approach within 6 (six) metres of that place.
  1. Hoists and lifts.—(1) Every hoist and lift in every establishment shall

be—

  • of good construction with sound material and adequate strength;
  • properly maintained;
  • thoroughly examined by a competent person at least once in every 6 (six) months, and a register shall be maintained containing such particulars, of every examination as may be prescribed by the rules.
  • Every hoist way and lift way shall be sufficiently protected by an enclosure fitted with gates and the hoist or lift 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.
  • In every establishment, the capacity of safe working load shall be clearly written down on every hoist or lift and no load beyond such load shall be carried thereon.
  • In every establishment, the cage of every hoist or lift used for carrying persons shall be fitted with a gate on both sides for riding and landing. The highest capacity of every hoist and lift shall be written legibly in Bangla.
  • Every gate referred to in sub-sections (2) and (4) shall be fitted with interlocking or other efficient device to secure that the gate shall not be opened until the cage is landed, and that the cage shall not be moved until the gate is closed.
  • The following additional requirements shall be applied to hoists and lifts installed or reconstructed in an establishment after the commencement of this Act, namely:—
  • where the cage is dependent on rope or chain, there shall be at least 2 (two) ropes or chains separately connected with the cage and shall maintain its balance, and every rope and chain shall be such that it may carry the cage together with its maximum load;
  • efficient devices shall be provided to support the cage together with its maximum load in the event of breakage of the ropes and chains;
  • proper automatic devices shall be provided to control the excessive speed of the cage. [7]
  1. Pressure plant.—Where in any establishment any part of the plant or machinery used in manufacturing process is operated at a pressure above the atmospheric pressure, effective measures shall be taken to ensure that the safe working pressure of such part is not exceeded.
  2. Floors, stairs and passages.—In every establishment,—
  • all floors, stairs, passages shall be of sound construction and properly maintained and where necessary strong railing shall be provided to ensure their safety, 1[and the passages and stairs shall be kept opened for easy movement during continuance of work.]
  • there shall, in so far as reasonably practicable, be provided with safe means of access to every place where any person is, at any time, required to work;
  • [8] [9][****] passages and stairways shall be clean, wide and clear of all obstructions[10] [11]^] and

4[(d) an employer may, for overall safety of the factory and workers, bring the passages of movements, stairs, gates, godowns and common utility area of the place of work under close circuit camera.]

  1. Pits, sumps, tunnel mouths, etc.—Where in an establishment any fixed vessel, sump, tank, pit or tunnel in such that, by reason of its depth, situation, construction or contents, it may be a source of danger, it shall be either securely covered or fenced.
  2. Excessive weights.—No worker shall be allowed in any establishment to lift, carry or move any load so heavy as to be likely to cause his injury.
  3. Protection of eyes.—The Government may, in respect of any establishment where manufacturing process is carried on, by rules, require that suitable goggles or eye screens shall be provided for the protection of eyes of the persons employed therein, if any of the following risks involves in such process, namely:—
  • risk of injury to the eyes from particles or fragments thrown off in the course of the process;
  • risk to the eyes by reason of exposure to excessive light or heat.
  1. Power to ascertain defective parts to test their stability.—If it appears to an Inspector that any building, or any part thereof, or any passage, machinery or plant, of an establishment is in a condition which is dangerous to human life or safety, he may, by order in writing, to be served on the employer of the establishment, require him to do the following works within the time specified therein, namely:—
  • to supply necessary drawings and other information or particulars to determine whether such building, passage, machinery or plant may be used with safety;
  • to carry out necessary tests to determine the strength or quality of any specific part and to inform the Inspector of the result thereof.
  1. Precautionary measures against dangerous fumes.—(1) No person shall enter or be permitted to enter any room, vessel, hole, pipe, flue or other confined space of any establishment, where the dangerous fumes are likely to exist to such extent as to involve risks to any person, unless it is provided with a manhole of such size, as may be prescribed by rules or other effective means of exit.
  • No portable electric light of a voltage of exceeding 24 (twenty-four) volts shall be permitted to use inside any confined space referred to in sub-section (1) and where fumes are likely to be flamed, no light other than the light made of flame misstating metal shall be allowed to use in such place.
  • No person shall enter or be permitted to enter any such confined space of any establishment until all practicable means are taken to remove fumes from there or prevent access thereto, and unless any of the following measures are taken—
  • a certificate is given by a competent person after carrying out test that the space is free from dangerous fumes and fit for entering thereto; or
  • the concerned worker is wearing a suitable breathing apparatus and a rope is securely attached to a belt the free end of which is held by a person standing outside such space.
  • In every establishment, the suitable breathing apparatus, reviving apparatus, belts and ropes shall be kept ready for instant use beside any such space and such apparatus shall be periodically examined by a competent person, and shall be certified by him that it is fit for use, and a sufficient number of persons employed in every establishment shall be trained and practiced in the use of all such apparatus and the method of restoring respiration.
  • In any establishment no person shall be permitted to enter into any boiler, furnace, flue chamber, tank, pipe or other confined space for the purpose of working or making any examination therein until it is sufficiently cooled by ventilation or otherwise made it fir for human entry.
  1. Explosive or inflammable gas, dust, etc.—(1) Where, in any establishment gas, fume, dust or vapour produced due to any manufacturing process is of such character or to such extent which is likely to be exploded or ignited, all practicable measures shall be taken to prevent any such explosion by any of the following ways, namely:—
  • by effectively enclosing plant or machinery while it is in use;
  • by removing or preventing accumulation of such dust, gas, fume or vapour;
  • by effectively enclosing all possible sources of ignition.
  • Where in any establishment the plant or machinery used in a process is not so constructed as to withstand the probable pressure which is produced in the case of such explosion, all practicable measures shall be taken to restrict the spread and effects of the explosion by the provision of chokes, baffles, vents or any other effective apparatus in the plant or machinery.
  • Where any part of the plant or machinery in an establishment contains any explosive or inflammable gas or vapour under pressure greater than atmospheric pressure, that part shall not be opened except in accordance with the following provisions, namely:—
  • before fastening of any joint of any pipe connected with the part of the fastening of the cover of any opening into the part is loosened, any flow of the gas or vapour into the part or any such pipe shall be effectively stopped by a stop-valve or other means;
  • all practicable measures shall be taken before removing any such fastening or to reduce pressure of the gas or vapour to atmospheric pressure;
  • where any such fastening is loosened or removed, effective measures shall be taken to prevent any explosive or inflammable gas or vapour from entering the part or pipe until the fastening is secured and securely replaced:

Provided that the provisions of this sub-section shall not apply where any plant or machinery is installed in the open field.

  • Where in any establishment any plant, tank or vessel contains or contained at any time any explosive or inflammable substance, no welding or cutting shall be carried out by using heat, unless adequate measures are first taken to remove such substance or fumes or to render them un-flammable or un-explosive and such substance shall not be allowed to enter such plant, tank or vessel after any such works until the metal is cooled down sufficiently to prevent any risk of igniting the substance.

![78A. Requirements to use personal safety equipments.—(1) No authority shall engage any worker in work without providing him with personal safety equipments and ensuring uses thereof and a record book shall be maintained in this behalf by the employer in the prescribed manner.

  • If any personal safety equipment is supplied but not used, the worker concerned shall be liable.
  • Every worker shall be made aware of the hazards of work through training in order to ensure the protection and safety of his professional health in the place of work.]

[1]                      The words “or internal electrical system of a building” were inserted by section 22 of the Bangladesh Labour (Amendment) Act, 2013.

[2]               The words “or internal electrical system of a building” were inserted by section 22 of the Bangladesh Labour (Amendment) Act, 2013.

[3]               The words “requisite number of’ and the words “in every floor” were inserted by section 23(a) of the Bangladesh Labour (Amendment) Act, 2013.

[4]               Inserted by section 23(b) of the Bangladesh Labour (Amendment) Act, 2013.

[5] Sub-sections (3a), (3b) and 3(c) were inserted by section 23(c) of the Bangladesh Labour (Amendment) Act, 2013.

[6]The words “six months” were substituted for the words “year” by section 23(d) of the Bangladesh Labour (Amendment) Act, 2010.

[7]    The Chief Inspector may, upon such conditions for ensuring safety as he may think fit, permit to continue the use of a hoist or lift which was installed in an establishment before the commencement of this Act without complying with the provisions of sub-sections (1), (2), (3), (4) and (5).

  1. Revolving machinery.—(1) In every room in an establishment in which the process of grinding is carried on, there shall be permanently affixed to or placed near, each machine in use a notice indicating the following matters, namely:—
  • maximum safe working peripheral speed of every grind stone or abrasive wheel;
  • the speed of the shaft or spindle upon which the wheel is mounted;
  • the diameter of the pulley upon such shaft or spindle necessary to secure such safe working peripheral speed.
  • The speeds indicated in the notice shall not be exceeded.
  • Effective measures shall be taken in respect of every revolving vessel, cage, basket, fly-wheel, pulley disk or similar appliances driven by power so that their prescribed speed may not be exceeded.

xThe words “and the passages and stairs shall be kept opened for easy movement during continuance of work” were inserted by section 24(a) of the Bangladesh Labour (Amendment) Act, 2013.

[9]The words and comma “all floors,” were omitted by section 24(a) of the Bangladesh Labour (Amendment) Act, 2010.

[10]The semi-colon “:” was substituted for full stop “.”by section 24(b) of the Bangladesh Labour (Amendment) Act, 2010.

[11]Clause (d) was added by section 24(c) of the Bangladesh Labour (Amendment) Act, 2010.

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