THE BANGLADESH LABOUR ACT, 2006, CHAPTER VII

CHAPTER VII

SPECIAL PROVISIONS RELATING TO HEALTH, HYGIENE AND SAFETY

  1. Dangerous operation.—Where the Government is satisfied that any operation carried on in an establishment exposes any person employed in it to a serious risk of bodily injury, poisoning or disease, it may, by rules, make the following provisions for such establishment, namely:—
  • to declare which operations are hazardous;
  • to prohibit the employment of women, adolescents or children in such operation;
  • to provide for regular medical examination of persons employed in such operation and to prohibit the employment of persons not certified to be fit for such employment;
  • to provide for protection of all persons employed in the operation or in the vicinity of such places and to use any specified materials or processes in connection with the operation; and
  • to give notice of any corrosive chemicals and of precautions to be taken in their use.
  1. Notice to be given of any accident.—(1) When any accident occurs in an establishment causing loss of life or bodily injury, or an accidental explosion, ignition, outbreak of fire or irruption of water or fumes occurs, the employer shall give notice of the occurrence to the Inspector within following 2 (two) working days[1] [2][:]

^Provided that the factory authority shall, immediately after the occurrence of such incident, inform the matter to the Government, Fire Service, Directorate of Inspection of Factories and Establishments, Police Station, and if required, the nearby hospital or government-private medical service establishment, through telephone, mobile phone, SMS or fax, in order to take immediate necessary action to minimize potential damages or bring the situation under control.]

  • Where an accident mentioned in sub-section (1) causes bodily injury resulting in the compulsory absence from work of the person injured for a period exceeding 48 (forty-eight) hours, it shall be entered in a register prescribed by rules.
  • The employer shall send to the Chief Inspector a copy of the entries in the register referred to in sub-section (2) within 15 (fifteen) days following the 30th day of June and the 31st day of December in each year.
  1. Notice of certain dangerous occurrences.—Where in an establishment, any dangerous occurrence of a nature prescribed by rules occurs, whether causing any bodily injury or not, the employer shall inform the Inspector by notice within the following three working days.
  2. Notice of certain diseases.—(1) Where in an establishment any worker contacts any disease specified in the Second Schedule, the employer or the concerned worker or any person specified by him in this behalf shall inform the Inspector by a notice in such form and within such time as may be prescribed by rules.
  • If any registered medical practitioner, while giving treatment to an existing or previous worker of an establishment, finds that he is suffering or suspects to be suffering from any disease specified in the Second Schedule, the said medical practitioner shall forthwith inform by a report in writing, the Inspector of the following matters, namely:—
  • the name and mailing address of the patient;
  • the name of the disease from which the patient is suffering or is suspected to be suffering;
  • the name and address of the establishment in which the patient is or was last employed.

2[(2a) The employer determined by the Chief Inspector shall arrange for treatment of the worker suffered, or incurred losses, from such professional disease.]

  • The Government may, by notification in the official Gazette, add to, or omit from, the Second Schedule any disease. [3] [4]
  1. Power to direct for enquiry into cases of accident or disease.—(1) When any accidental explosion, ignition, outbreak of fire or irruption of water or any other accident occurs in an establishment, or when any disease specified in the Second Schedule breaks out or is suspected to be broken out, and if the Government thinks that a formal enquiry into the causes of, and the circumstances appearing in, the accident or disease is necessary, it may appoint a competent person to hold such enquiry, and may appoint any person who has special knowledge in law or concerned matter as an assessor during enquiry.

(2) The person holding enquiry shall have all the powers of a Civil Court under the Code of Civil Procedure for the purpose of enforcing the attendance of witnesses and compelling the production of documents and other things, and if any person is required by him to furnish any information for the purpose of enquiry, he shall be deemed to be legally bound to do so within the meaning of section 176 of the Penal Code.

  • The person holding enquiry may exercise any of the powers of an Inspector under this Act, as he may think necessary to exercise, for the purposes of the enquiry.
  • The person holding the enquiry shall submit a report to the Government and shall record in that report the causes of the accident and the circumstances relating thereto, and shall state any observation that he or the assessor, may have.
  • The Government shall publish the report at such time and in such manner as may be prescribed by it
  1. Power to take samples.—(1) An Inspector may, at any time during the normal working hours of an establishment, by giving information to the employer, take in the manner hereinafter describing, a sample of any substance used or brought for use in the establishment, if it appears to him that such substance is being used in contravention of the provisions of this Act or the rules, or is likely to cause bodily injury or harm to the workers of the establishment.
  • Where any Inspector takes such sample, he shall, in the presence of the employer, unless he willfully absents himself, divide the sample into 3 (three) portions and effectively seal and properly mark every portion of it, and shall also permit the employer to add his own seal and mark thereon.
  • The employer shall, if the Inspector so requires, provide the appliances for dividing and sealing and marking the sample.
  • The Inspector shall give one portion of the sample to the employer forthwith, send the second portion to a Government analyst for analysis and to give report thereon, and keep the third portion to himself for production to the Court, if any criminal proceedings is instituted in respect of the substance of the sample.
  • Any report, on any sample of a substance made by any government analyst under this section, may be used as evidence in any proceedings instituted in respect of such substance.
  1. Powers of Inspector in case of certain dangers.—(1) If, in respect of any matter for which no express provision is made in this Act, it appears to an Inspector that any establishment or any part thereof or any matter or practice therein or connected therewith or controlled thereby is dangerous to human life or safety, or is so defective as likely to cause bodily injury to the people, he may, by a notice in writing, inform the employer relating thereto and order to remove those things which are dangerous or injurious or defective, within such time and in such manner as may be specified in the notice.
  • Without prejudice to the provisions of sub-section (1), the Inspector may, by order in writing, direct the employer of any establishment not to extract or reduce any pillar of his establishment or of any part thereof, if in his opinion, such operation is likely to cause the crushing of any other pillar or the premature collapse of any part of the establishment or endanger the establishment.
  • If the Inspector is of opinion that there is imminent danger to the life or safety of any person employed in any establishment, he may, by an order in writing to the employer concerned stating the grounds of his opinion, prohibit the employment of any person in the establishment or any part thereof, until he is satisfied that the danger is removed, but this order shall not apply to the person who is employed to remove such danger.
  • Any employer aggrieved by an order under sub-section (3) may prefer an appeal against such order to the Chief Inspector within 10 (ten) days of the receipt of the order, who may confirm, modify or cancel the order.
  • The Inspector shall, in respect of each order made under sub-sections (1) and (3), report forthwith to the Government, and shall inform the employer concerned of the report so furnished.
  • The Chief Inspector shall report forthwith to the Government any order, except the order of cancellation made by him under sub-section (4), and shall also inform the employer concerned of the report so furnished.
  • Any employer who has any objection against any order made under sub­section (1), (3) or (4) shall within 20 (twenty) days of receipt of such order, inform the Government in writing, stating the objection and reasons therefore, and the Government shall send it to a committee for decision.
  • The employer shall comply with the order against which objection has been made until the decision of the committee is received:

Provided that on an application of the employer, the committee may suspend the order passed under sub-section (1) pending the decision of the committee.

  1. Providing information about dangerous building and machinery-—(1)

Where any worker of an establishment finds that any building or machinery thereof, which is ordinarily used by the workers, is in such a dangerous condition that it is likely to cause bodily injury to any worker at any time, he shall immediately inform the employer of it in writing.

(2) If, on the receipt of such information, the employer fails to take appropriate measures on this matter within 3 (three) days and any worker is injured due to use of such building or machinery, he shall be liable to pay compensation to the worker so injured at the rate of double of the compensation payable for such injury under Chapter VII.

  1. Restriction of employment of women in certain work.—The provisions of sections 39, 40 and 42 shall apply to a woman worker as they apply to an adolescent worker.
  2. Power to make rules to supplement the Chapter.—The Government may, by rules,—
  • give direction to make further provisions and to take further measures for securing the safety of the workers employed in any establishment;
  • prohibit the running of any manufacturing process using power in any building until a certificate of strength of such building by a person having such qualification and in such form, as may be prescribed by rules, is reached to the Chief Inspector.

Section 78A was inserted by section 25 of the Bangladesh Labour (Amendment) Act, 2013(Act No. XXX of 2013).

[2]The colon was substituted for full stop by section 26 of the Bangladesh Labour (Amendment) Act, 2013(Act No. XXX of 2013).

xThe proviso was added by section by section 27 of the Bangladesh Labour (Amendment) Act, 2013(Act No. XXX of 2013).

[4]Sub-section (2a) was inserted by section 27 of the Bangladesh Labour (Amendment) Act, 2013(Act No. XXX of 2013).

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