Bangladesh Labour Law 2006: A Critical Evaluation

II.2 Review of Related Literature  

Problem 1---Does the law regarding accidents and incidents should be made mandatory?

Section 79:

Dangerous operations:

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 make rules applicable to such establishment in which such operation is carried on-

1. Specifying the operation and declaring it to be hazardous
2. Prohibiting or restricting the employment of women, adolescents or children in the operation
3. Providing for the  periodical medical examination of persons employed in the operation and prohibiting the employment of persons not s=certified as fit for such employment
4. Providing for the protection of all persons employed in the operation or in the vicinity of the places where it is carried on
5. Providing for notices with regard to careful use of any harmful chemicals in connection with the operation.

 Section 80

Dangerous operation:

According to section 79 of the act states that where the government is satisfied that any operation is carried on in an establishment exposes any person employed in it to a serious risk of bodily injury poisoning or disease, it may make rules applicable to such establishment in which such operation is carried on specifying the operation and declaring it to be hazardous, prohibiting or restricting the employment of women, adolescents or children in the operation providing for the periodical medical examination of persons employed in the operation and prohibiting the employment of persons not certified as fit for such employment  providing for the protection of all persons employed in the operation or in the vicinity of the places where it is carried on and providing for notices with regard to careful use of any harmful chemicals in connection with the operation.

• It is said that “may make rules applicable”. In an establishment where dangerous operation takes place rules must be made regarding maintaining of operations. There should be trained person who will be giving training on operations. Also before employment of any person in an establishment into the dangerous activities they should be medically examined and if they are not fit they should not be given permission to work in that side. Employment of women, adolescents or children should be strictly prohibited. Strict rules must be made regarding protection and prohibition of dangerous operation. But the problem is that is that rule is really applicable in the organization? Te answer is no because there is no strict monitoring supervision is going on into the organization by the labour office.

Notice of certain accidents

1. Where in any establishment an accident occur which causes death, or any bodily injury or any explosion, fire, forceful entrance of water or fumes as a result of accident the employer shall send notice thereof to the inspector within 2 working days following the accident.
2. Where any person injured as a result of accident as mentioned in sub-section(1)  above, is prevented from resuming his work in the factory during the 48 hours immediately following the accident this must be entered into a register prescribed by rules.
3. A copy of register referred to in sub-section (2) must be sent to the Chief inspector within fifteen days following 31st December every year starting form 30th June.  

Notice of certain accidents:

Industrial accidents in Bangladesh are comparatively higher than in industrially advanced countries. Under the Bangladesh Labour Act it is obligatory on the part of the employer of any factory or any establishment to report all accidents which cause death or which cause bodily injury whereby any injured person is prevented from resuming work during the next 48 hours. Section 80 of the act has given the right to employees to know the information of certain accidents happened to their workplace. According to section, where in any establishment an accident occurs which causes death or any bodily injury or any explosion, fire, forceful entrance of water or fumes as a result of accident, the employer shall send notice thereof to the Inspector within two working days following the accident. Where any person injured as a result of accident as mentioned in sub-section (1) above is prevented from resuming his work in the factory during the 48 hours immediately following the accident this must be entered into a register prescribed by rules. A copy of register referred to in sub section (2) must be sent to the chief inspector within fifteen days following 31st December every year starting from 30th June.

...