Employees rights to a healthy working environment

EMPLOYEES RIGHTS TO A HEALTHY WORK ENVIRONMENT

04/08/2014

A study on employee’s rights practice in working environment in Bangladesh and compare with global practice

In Bangladesh the situation of healthy working environment is complex and challenging. Over the past several months, technical experts from the Alliance, ILO, the Bangladesh Accord on Fire and Building Safety, and BUET worked together to develop a common Fire Safety and Structural Integrity Standard.

Assignment on Employees rights to a healthy work environment


Course Code

BUS 361

Course Name: Business Law and Legal Environment

Section: 02

Semester: Summer 2014

Submitted to

Ms. Fahmida Hasan

Senior Lecturer

East West University

Barrister -at –law (Lincoln’s Inn, UK)

PGDLP: Manchester Metropolitan University, UK

LLB. (Hons.): The University of Reading, UK

Submitted by ID NO

1. Shahnaz Masuma Islam 2009-3-10-023 2. Abdulla Md. Masum Chowdhury 2008-3-13-028

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Transmittal Letter

04th August, 2014

To

Ms. Fahmida Hasan

Senior Lecturer

Department of Business Administration,

East West University

Subject: Submission of report on “Employees rights to a healthy work environment”

Dear Madam

You have assigned our group to prepare an assignment of BUS 361 on “Employees rights to a

healthy work environment”. This report consists of the overview of right to health in a working

environment; through the process of making this report we came to learn about global practice and

local practice and the differences.

We are really optimistic that our report will satisfy the requirements that were suggested by you

under the course BUS 361.

Sincerely Yours,

Group # Arbitration

1. Shahnaz Masuma Islam 2009-3-10-023

2. Abdulla Md. Masum Chowdhury 2008-3-13-028

Section: 02

Course No: BUS 361

Course Name: Business Law and Legal Environment

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ACKNOWLEDGEMENT:

At the very beginning, we would like to express our deepest gratitude to almighty Allah for giving us

the strength & the composure to complete this report. Words actually will never be enough to express

how grateful we are, but never the less we shall try our level best to express our gratefulness toward

some people.

This assignment might never have been completed without the assistance of many articles, websites

and primary and secondary data that hence our knowledge on rights to a healthy working

environment. Thanks to people who are participated in our survey questionnaire by giving their

valuable time and participation.

We would like to express my special gratitude to our honorable faculty MS. Fahmida Hasan for her

supervision, co-operation and advices. We will always be indebted to her for the valuable

suggestions and the time that she had spent for guiding us throughout this assignment.

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TABLE OF CONTENT:

Chapter 1 | Introduction

1.1 Introduction 7

1.2 Background of the study 7

1.3 Objectives of the study 8

1.4 Methodology of the study 8

1.5 Limitations of this study 8-9

1.6 Organization of this Assignment 9

Chapter 2 | Concept of right to health in working environment

2.1 Overview 10-11

2.2 Different terms of Health and hygiene in working place 11-16

2.2.1 Cleanliness, ventilation and temperature 11-13

2.2.2 Dust and fume, Disposal of waste, artificial humidification 13-14

2.2.3 Overcrowding, lighting, Drinking water, Latrines and urinals 14-16

2.3 Different terms of safety in working place 16-17

Chapter 3 | Bangladeshi Standard and international standard 17-20

3.1 The fundamental principles of occupational safety and health: 19

Chapter 4 | Constrain or problems created by unhealthy and unsafe working environment 20-21

Chapter 5 |

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5.1: The Rana Plaza disaster 22-25

Chapter 6| Government and non-government Interference 26-28

Chapter 7 | Findings and analysis

Finding and analysis: 29-32

Chapter 8 | Recommendation and Conclusion 33-34

8.1 Recommendation 33

8.2 Conclusion 34

Bibliography 35

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ABSTRACT:

This study is intended to assess the different rights to an employee in his or her working place. A

Healthy Work Environment is one that is safe, empowering, and satisfying. The World

Health Organization define healthy work environment is the absence of real and perceived threats to

health, and a place of “physical, mental, and social well-being,” supporting optimal health and

safety. A culture of safety is paramount, in which all leaders, managers, health care workers, and

supplementary staff have a responsibility as part of the patient centered team to perform with a sense

of professionalism, accountability, transparency, involvement, efficiency, and effectiveness.

In our report we strive to focus what are the rights to an employee in his or her to get healthy

working environments. We found that in our country both educated, uneducated are not aware,

bother and unconscious because of social practice, poor systems and not respecting for the law.

KEYWORDS:

Healthy work environment, The Bangladesh labour Act, 2006, International standard and

Bangladeshi Standard, Government and NGO interference, case study, findings and analysis

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CHAPTER ONE: INTRODUCTION

1.1 Origin of the report

To describe about Healthy Working Environment and what criteria would be required to become a

good working environment this report create a chance for us. An organizational environment is

called healthy working environment which is safe, empowering, and satisfying where the absence of

real and perceived threats to health, but a place of “physical, mental, and social well-being,”

supporting optimal health and safety. We covered people awareness regarding the healthy working

environments and to know their rights to work in a healthy working environment.

This study has been conducted for the academic purpose of Legal environment of business (BUS-

361) under the BBA program and gained an insight about the rights of an employee to work in

healthy working environment.

1.2 Background of the study

We the Bangladeshi people are not bother about working environment rather to get a job. Our socio

cultural economy is not much strong to support us. For that reason people specially garments worker

work in an unhealthy, unhygienic and unsafe working environment. For that reason accident could

happen in frequently. People have no knowledge about their rights to work in safety and healthy

environment. We covered all of these issues and presenting survey data by the different statistical

format and there is findings and analysis at the end of this assignment.

1.3 Objectives of the study

Based on above discussion the following objectives are set for the study

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To provide a brief review what is the rights to a healthy working environment.

To examine the people awareness and their rights to work healthy working environment.

To highlight some assumptions and findings based on people responses.

1.4 Methodology of the study

The study was conducted mainly based on secondary information although some information on

relating to entrepreneurs has been conducted primarily. The sources of data include Different

Research Paper, cases and websites regarding employee’s rights to a healthy working environment

and the practice on it locally and globally. To carry out the study both primary and secondary data

were used. These are given bellows:

Primary Sources Secondary sources

Face to Face conversation with

more than 100 people.

Internal Sources: none

External Sources:

Different articles, research about rights to

an employee, Websites, journal Search in

Google.

Figure 01: Methodology of the report

1.5 Limitations of the study

Since this research is only for academic purpose, there were some limitations in this study. These are

mentioned below.

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Discussion about the rights of an employee in a working environment is a vast area where

only some selected areas are covered in this paper.

The study is based on secondary data some cases primary data are collected but this data

collection is not sufficient enough to complete this assignment.

Time was enough but it was not possible to give full concentration in this research regard due

to continuous pressure from other courses and Eid vacations.

We have conducted our survey where all of them are stayed in Metropolitan areas and well

educated in context our country. But we did not go to the rural area as well as uneducated

people. People who are not educated and people who are living rural areas also worked in

different unsafe working environments.

1.6 Organization of the report

This paper is divided into eight chapters. The first chapter is the introduction of the report. The

second chapter focuses on the concept of right to health. The third chapter explains international

standards and local standards and practice. The fourth chapter explains constrain, fifth chapter

discuss a case of reform Bangladesh Labour law, and sixth chapters include government and non

government interference, seven chapter includes some finding and analysis. The last chapter contains

the concluding remarks of the report and in the end there are some appendixes to make this report

valuable and trust worthy.

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CHAPTER TWO:

CONCEPT OF RIGHT TO HEALTH IN WORKING ENVIRONMENT

2.1 Overview:

In the Slavery system people are treated as property to be bought and sold, and are forced to work. In

the modern era people are being social and to know about their rights and raise their voice against all

types of injustice. People are passing in their best time in the history of mankind. Now people are

more conscious about their working environment. These changes are not shown in a day. Years after

year’s worker fight against the employer and established their rights in the society. All workers have

a right to work in places where risks to their health and safety are properly controlled. Health and

safety is about stopping you getting hurt at work or ill through work. Your employer is responsible

for health and safety, but you must help. Under health and safety law, the primary responsibility for

this is down to employers. Worker s has a duty to take care of their own health and safety and that of

others who may be affected by your actions at work. Workers must co-operate with employers and

co-workers to help everyone meet their legal requirements.

In the Bangladesh Labour act, 2006 (XLII of 2006) 1 describes the safety, health welfare and

working conditions. “The Act to consolidate and amend the laws relating to employment of labour,

relations between workers and employers, determination of minimum wage, payment of wages and

compensation for injuries to workers, formation of trade unions, raising and settlement of industrial

disputes, health, safety, welfare and working conditions of workers, and apprenticeship and matters

ancillary thereto”.

1 “The Bangladesh Labour act, 2006” (XLII of 2006), published on 11th oct 2006

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http://en.wikipedia.org/wiki/Property


As a worker, if you have specific queries or concerns relating to health and safety in your workplace,

talk to your employer, manager/supervisor or a health and safety representative. As a human we must

have rights to work in safety, healthy working environment.

What employers must do for their Employee

Decide what could harm for employee in your organizations and the precautions to stop it.

This is part of risk assessment.

In a way employer can understand, explain how risks will be controlled and tell elaborately

who is responsible for this.

Free of charge, employer gives the health and safety training to employee in the job area.

Free of charge, provide any equipment and protective clothing that would need to employee,

and ensure it is properly looked after.

Provide toilets, washing facilities and drinking water.

Provide adequate first-aid facilities and fire extinguisher.

In case of major injury or accident mentioned and informed properly the contact centres

location.

Have insurance that covers you in case you get hurt at work or ill through work. Display a

hard copy or electronic copy of the current insurance certificate where you can easily read it.

2.2 Different terms of Health and hygiene in working place approved by Bangladeshi law

In the Bangladesh Labour law act, 2006 describes the definition of cleanliness in the number of

definition 51:

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Cleanliness2: Every establishment shall be kept clean and free from effluvia arising from any drain,

privy or other nuisance, and in particular-

(a) Accumulation of dirt and refuge shall be removed daily by sweeping or by any other effective

method from the floors and benches of work-rooms and from staircases and passage and disposed of

in a suitable manner;

(b) The floor of every work-room shall be cleaned at least once in every week by washing, using

disinfectant where necessary or by some other effective method;

(c) Where the floor is liable to become wet in the course of any manufacturing process to such extent

as is capable of being drained, effective means of drainage shall be provided and maintained;

(d) All inside walls and partitions, all ceilings, or tops of rooms, and walls, side and tops or passages

staircases shall-

(i) Where they are painted or varnished, be repainted or re varnished at least once in every three

years,

(ii) Where they are painted or varnished and have smooth imperious surface, be cleaned at least once

in every fourteenth months, by such methods as may be prescribed,

(iii) In any other case, be kept white-washed or color-washed and the white-washing or color

washing shall be carried out at least once in every fourteen months; and

(e) The date on which the processes required by clause (d) are carried out shall be entered in the

prescribed register.

In the Bangladesh Labour law act, 2006 describes the definition of Ventilation and temperature in the

number of definition 52:

2 “The Bangladesh Labour act, 2006” (XLII of 2006),published on 11th oct 2006 in chapter 5, Health and hygiene page no: 39

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Ventilation and temperature3 :

(1) Effective and suitable provisions shall be made in every establishment for securing and

maintaining in every work room adequate ventilation by the circulation of fresh air;

(2) Such temperature as will secure to workers therein reasonable conditions of comfort and prevent

injury to health.

(3) The walls and roofs, as required by sub-section (2), shall be of such material and so designed that

such temperature shall not be exceeded but kept as low as practicable;

(4) Where the nature of the work carried on in the establishment involves, or is likely to involve, the

production of excessively high temperature, such adequate measures as are practicable, shall be

taken to protect the workers there from by separating the process which produces such temperature

from the work-room by insulation the hot parts or by other effective means.

(5) If it appears to the government that in any establishment or class or description of establishments

excessively high temperature can be reduced by such methods as white-washing, spraying or

insulating and screening outside walls or roofs or windows or by raising the level of the roof, or by

insulating the roof either by an air space and double roof or by the use of insulating roof materials, or

by other methods, it may prescribe such of those or those or other methods to be adopted in the

establishment.

In the Bangladesh Labour law act, 2006 describes the definition of Dust and fume in the number of

definition 53:

Dust and fume4 :

(1) In every establishment in which, by reason of any manufacturing process carried on, there is

given off any dust or fume or other impurity of such a nature and to such an extent as is likely to be

3 “The Bangladesh Labour act, 2006” (XLII of 2006), published on 11th oct 2006 in chapter 5, Health and hygiene page no: 404 “The Bangladesh Labour act, 2006” (XLII of 2006), published on 11th oct 2006 in chapter 5, Health and hygiene page no: 40

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injurious or offensive to the workers employed therein, effective measures shall be taken to prevent

its accumulation in any work-room and it inhalation by workers, and if any exhaust appliance is

necessary for this purpose, it shall he applied as near as possible to the point of origin of the dust,

fume or other impurity, and such point shall be enclosed so far as possible.

(2) In any establishment no stationary internal combustion engine shall be operated unless the

exhaust is conducted into open air, and no internal combustion engine shall be operated in any room

unless effective measures have been taken to prevent such accumulation of fumes there from as are

likely to be injurious to the workers employed in the work-room.

In the Bangladesh Labour law act, 2006 describes the definition of Disposal of wastes and effluents

in the number of definition 54:

Disposal of wastes and effluents5 : Effective arrangements shall be made in every establishment for

disposal of wastes and effluents due to the manufacturing process carried on therein.

In the Bangladesh Labour law act, 2006 describes the definition of artificial humidification in the

number of definition 55:

Artificial humidification6 : (1) in any establishment in which the humidity of the air is artificially

increased, the water used for the purpose shall be taken from a public supply, or other source of

drinking water, or shall be effectively purified before it is so used.

(2) If it appears to an Inspector that the water used in an establishment for increasing humidity which

is required to be effectively purified under sub-section (1) is not effectively purified, he may serve on

the employer of the establishment an order in writing, specifying the measures which, in his opinion,

should be adopted, and requiring them to be carried out before a specified date.

55-7 “The Bangladesh Labour act, 2006” (XLII of 2006), published on 11th Oct. 2006 in chapter 5, Health and hygiene page no: 416

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In the Bangladesh Labour law act, 2006 describes the definition of Overcrowding in the number of

definition 56:

Overcrowding7: (1) No work-room in any establishment shall be overcrowded to an extent injurious

to the health of the workers employed therein.

(2) Without prejudice to the generality of the provisions of sub-section (1), there shall be provided

for every worker employed in a work-room at least 9.5 cubic meter of space in the establishment.

Explanation: For the purpose of this sub-section no account shall be taken of a space which is more

than 4.25 meter above the level of the floor of the room.

(3) If the chief Inspector by order in writing so requires, there shall be posted in each work-room of

an establishment a notice specifying the maximum number of workers who may, in compliance with

the provisions of this section, be employed in the room.

(4) The chief Inspector may, by order in writing, exempt, subject to such conditions as he may think

fit to impose, any work-room from the provisions of this section if he is satisfied that compliance

therewith in respect of such room is not necessary for the purpose of health f the workers employed

therein.

57. Lighting8 : (1) In every part of an establishment where workers are working or passing, there

shall be provided and maintained sufficient and suitable lighting, natural or artificial, or both.

(2) In every establishment all glazed windows and skylights used for the lighting of the work-room

shall be kept clean on both the outer and inner surfaces and free from obstruction as far as possible.

(3) In every establishment effective provisions shall, so far as in practicable, be made for the

prevention of-

(a) Glare either directly from any surface of light or by reflection from or polished surface, and

7

88-10 “The Bangladesh Labour act, 2006” (XLII of 2006), published on 11th oct 2006 in chapter 5, Health and hygiene page no: 41-42

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(b) The formation of shadows to such an extent as to cause eye strain or risk of accident to any

worker.

58. Drinking water9 : (1) In every establishment effective arrangement shall be made to provide and

maintain at a suitable point conveniently situated for all workers employed therein, a sufficient

supply of wholesome drinking water.

(2) All such points where water is supplied shall be legibly marked ‘Drinking water’ in Bangla.

(3) In every establishment wherein two hundred fifty or more workers are ordinarily employed,

provision shall be made for cooling the drinking water during the hot weather by effective means and

for distribution thereof.

(4) Where dehydration occurs in the body of workers due to work near machineries creation

excessive heat, there workers shall be provided with oral re-hydration therapy.

59. Latrines and urinals10 : In every establishment-

(a) Sufficient latrines and urinals of prescribed types shall be provided conveniently situated and

accessible to workers at all times while they are in the establishment.

(b) Such latrines and urinals shall be provided separately for male and female workers;

(c) Such latrines and urinals shall be adequately lighted and ventilated;

(d) All such latrines and urinals shall be maintained in a clean and sanitary condition at all times with

suitable detergents and disinfectants.

2.3 Different terms of safety in working place approved by Bangladeshi law

In the Bangladesh Labour law act, 2006 describes the different terms regarding safety protocol

starting the number of definition 61 to 78. Here some of important definition given in below:

9

10

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61. Safety of building and machinery11 : (1) If it appears to the Inspector that any building or part

of a building or any part of the ways, machinery or plant in an establishment is in such a conditions

that it is dangerous to human life or safety, he may serve on the employer of the establishment an

order in writing specifying the measures which, in his opinion, should be adopted, and requiring

them to be carried out before a specified date.

(2) If it appears to the Inspector that the use of any building or part of a building or of any part of the

ways, machinery or plant in the establishment involves imminent danger to human life or safety, he

may serve on the employer of the establishment an order in writing prohibiting its use until it has

been properly repaired or altered.

62. Precaution in case of fire12 : (1) every establishment shall be provided with at least one

alternative connection stairway with each floor and such means of escape in case of fire and fire

fighting apparatus, as may be prescribed by rules.

72. Floors, stairs and means of access13 : In every establishment -

(a) All floors, stairs, passages and gangways shall be of sound construction and properly maintained

and where it is necessary to ensure safety steps, stairs, passages and gangways shall be provided with

substantial handrails;

(b) There shall, so far as is reasonably practicable, be provided and maintained safe means of access

to every place at which any person is, at any time, required to work; and

(c) All floors, ways and stairways shall be clean, wide and clear of all obstructions.

CHAPTER THREE:

BANGLADESHI STANDARD AND INTERNATIONAL STANDARD14

1111-13 “The Bangladesh Labour act, 2006” (XLII of 2006), published on 11th Oct. 2006 in chapter 5, Health and hygiene page no: 42-4612

13

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International standard of employees working environment refers to conventions agreed upon by

international actors, resulting from a series of value judgments, set forth to protect basic worker

rights, enhance workers’ job security, and improve their terms of employment on a global scale. In

Bangladesh labour standard transforms the rights. Most developed and developing countries accept

the labour standards—the minimal rules that govern how people are treated in a working

environment—as rights that need to be uphold and enforced. Nearly every developing country has

ratified some of the Conventions of the ILO. Such standard provisions in varied forms have been

introduced with the presumption that the standard provisions would translate into rights provisions

for workers.

The standard provisions are expected to translate into three forms of rights providing access to

employment opportunities, which are fair and equal without discrimination (right to work),

promoting just and favorable conditions of work including healthy and safe working conditions

(right at work), and ensuring adequate standard of living (right through work) for workers. Standards

and rights are differentiated in terms of common legalistic interpretation; human rights or labour

rights exist, because the majority of the states of the world have ratified a certain number of human

rights treaties or labour rights conventions, or because national constitution or law confers rights on

their citizens. Thus, standards translate into rights when those are reflected in some forms in national

legal instruments.

Since its inception in 1919, the ILO has adopted 189 conventions and various recommendations for

protecting and ensuring the rights of the working classes. Bangladesh, being a member of the ILO

and signatory to many of these conventions, is obliged to promote and protect rights at the national

level. The expected transformative action for Bangladesh’s workers is that its law provisions should

reflect in principle the labour standards provisions enshrined in the international labour standards.

The reflection of the major standards are expected in the current Bangladesh labour law because,

first, it is a recent (2006) compilation of previous laws which were in operation into a single act of

law—Bangladesh Labour Act 2006 (BLA 2006), and second, it is widely considered to be

comprehensive in nature; broad aspects of worker rights, and labour and industrial relations

141 Hossain Jakir, PhD, “Standards- rights nexux in action in Bangladesh: Transformimg labour standards into workers right ” published on may 2013

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including special provisions for specific worker groups are under its purview. However, it is neither

known whether such translation takes place, nor do we know if the transformative action is at play,

to what extent that is a reflection of overall standards provisions, and whether it has differential

outcome for three different forms of workers’ rights.

The ILO Constitution sets forth the principle that workers should be protected from sickness,

disease and injury arising from their employment. Yet for millions of workers the reality is very

different. Some two million people die every year from work-related accidents and diseases. An

estimated 160 million people suffer from work-related diseases, and there are an estimated 270

million fatal and non-fatal work-related accidents per year. The suffering caused by such accidents

and illnesses to workers and their families is incalculable. In economic terms, the ILO has estimated

that 4% of the world's annual GDP is lost as a consequence of occupational diseases and accidents.

Employers face costly early retirements, loss of skilled staff, absenteeism, and high insurance

premiums due to work-related accidents and diseases. Yet many of these tragedies are preventable

through the implementation of sound prevention, reporting and inspection practices. ILO standards

on occupational safety and health provide essential tools for governments, employers, and workers

to establish such practices and to provide for maximum safety at work. In 2003 the ILO adopted

a global strategy to improve occupational safety and health which included the introduction of a

preventive safety and health culture, the promotion and development of relevant instruments, and

technical assistance. The ILO has adopted more than 40 standards specifically dealing with

occupational safety and health, as well as over 40 Codes of Practice. Nearly half of ILO instruments

deal directly or indirectly with occupational safety and health issues.

3.1 The fundamental principles of occupational safety and health:

Occupational safety and health convention, 1981 (no.155) and its Protocol of 2002:

The convention provides for the adoption of a coherent national occupational safety and health

policy, as well as action to be taken by governments and within enterprises to promote occupational

safety and health and to improve working conditions. This policy shall be developed by taking into

consideration national conditions and practice. The Protocol calls for the establishment and the

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http://www.ilo.org/safework/info/policy-documents/WCMS_107535/lang--en/index.htm


periodic review of requirements and procedures for the recording and notification of occupational

accidents and diseases, and for the publication of related annual statistics.

Occupational Health Services Convention, 1985 (No.161)

This convention provides for the establishment of enterprise-level occupational health services which

are entrusted with essentially preventive functions and which are responsible for advising the

employer, the workers and their representatives in the enterprise on maintaining a safe and healthy

working environment.

Promotional Framework for occupational safety and health convention, 2006 (No.187)

This Convention aims at promoting a preventative safety and health culture and progressively

achieving a safe and healthy working environment. It requires ratifying States to develop, in

consultation with the most representative organizations of employers and workers, a national policy,

national system, and national programs on occupational safety and health. The national policy shall

be developed in accordance with the principles of Article 4 of the Occupational Safety and Health

Convention, 1981 (No. 155), and the national systems and programs shall be developed taking into

account the principles set out in relevant ILO instruments. A list of relevant instruments is contained

in the Annex to the Promotional Framework for Occupational Safety and Health Recommendation,

2006 (No. 197).

National systems shall provide the infrastructure for implementing national policy and programs on

occupational safety and health, such as laws and regulations, authorities or bodies, compliance

mechanisms including systems of inspection, and arrangements at the level of the undertaking.

National programs shall include time-bound measures to promote occupational safety and health,

enabling a measuring of progress.

CHAPTER FOUR :

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CONSTRAIN OR PROBLEMS CREATED BY UNHEALTHY AND UNSAFE WORKING ENVIRONMENT

The International Labor Organization, (ILO) estimates that every year in Bangladesh, “11,700

workers suffer fatal accidents and a further 24,500 die from work related diseases across all sectors.”

The main constraints of employees right to a healthy work environment:

One of the main problems in our country is political instability. Because of these reason

government policies, rules and regulations are always changing. The labor unions become

politically influenced. So they work for attaining political goals as well as their own goals

rather than establishing labor rights. So strikes take place.

Labor unrest for increasing wage is the most crucial issue facing the apparel sector of

Bangladesh. Minimum wage in Bangladesh is the one of the lowest. They also demand

holiday time, official union recognition, and sick pay.

Most of Bangladesh's labor unions are associated with political parties. So ethically labor

unions are not strong. In early 1995, clashes between jute mill labor groups and the police

resulted in numerous injuries and a few deaths.

There are no proper investigate allegation in Bangladesh against factory owners who engage

in anti-union activity and whose are beatings, threats, and abuse by workers and prosecute

those responsible. So abuse of power is always still in the work environment.

Bangladesh has labor laws that are not always enforced. According to ‘The Labor Act 2006’

Bangladesh clearly describes all things related labor and workforce including wage and

salary, termination, redressing, work environment, female worker, recruitment, unionization,

child labor and so on.

The current laws regarding protecting labor rights good enough, but most of these laws are

written in the book. In Bangladesh a large number of workers work in RMG sector. But very

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few garments factory maintain the law but not every law. Most of the factory does not ensure

safety of the workers. Workers work in unhygienic and hazardous environment. So the

workers become sick. Garments and fire is closely related to each other. But in Bangladesh

most of the factory has no or very few fire extinguisher and the buildings are so congested.

So many accidents are happening every day. For example, in the fire accident on 14

December 2010 at a garments factory close to the capital Dhaka 31 workers got killed. The

killed are all women and workers of Ha-Meem Group's Sportswear Factory, located in

Ashulia, an industrial zone just on the outskirts of the capital.

There are also some industrial sectors which have no worker management or control body

and they don’t know about the employees right and as well as work environment. For

example, Workers in many leather tanneries in the Hazaribagh. “Hazaribagh’s tanneries flood

the environment with harmful chemicals,” said Richard Pears house, senior researcher in the

health and human rights division of Human Rights Watch.

CHAPTER FIVE : CASE STUDY15

5.1: The Rana Plaza disaster

A case study on the Rana Plaza disaster in Bangladesh from the 2013 Human Rights and Democracy Report:

151 “Human Rights and Democracy Report 2013 Promoting human rights internationally Supporting development in Bangladesh” Published on Thursday, April 10, 2014 in the foreign and commonwealth office and department for international development.

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https://www.gov.uk/government/priority/supporting-bangladesh-s-development

https://www.gov.uk/government/policies/promoting-human-rights-internationally

https://www.gov.uk/government/collections/human-rights-and-democracy-report-2013


Bangladesh’s ready-made garments sector accounts for 80% of the country’s exports and employs

over 4 million people, nearly three-quarters are women. It is estimated that the garment industry

supports a further 25 million people and has played a pivotal role in the country’s development.

On 24 April 2013, an eight-story commercial building, Rana Plaza, collapsed just outside Dhaka.

The building contained five clothing factories: most of the people in the building at the time were

garment workers. Over 17 days of search and rescue, 2,438 people were evacuated, more than 1,100

people died, and many more were left with life-long debilitating injuries.

In line with our action plan on business and human rights, we are engaging with the government of

Bangladesh and UK companies and their supply chains, in order to help address key human rights

risks.

The UK response has focused on building safety; improving working conditions; improving

communications between owners and employees; and urging UK buyers to take responsibility for

their supply chains from the store right back to the sewing machine.

On a practical level, the UK, through DFID, is providing up to £4.8 million for a three-year program

by the International Labour Organization to support the National Action Plan on Fire Safety and

Structural Integrity. This support will allow for the inspection of approximately 1,500 factories that

are not covered under the new international fashion retailers’ and brands’ initiative, the strengthening

of the labour inspection regime, the provision of safety awareness training for factory workers and

managers, the launch of the “Better Work” program in Bangladesh, and help for victims in

recovering from these disasters.

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DFID has also made £1.8 million available to the Trade and Global Value Chains Initiative to

support partnerships between buyers, factory owners, civil society and others, in order to improve

garment factory conditions in Bangladesh. Projects selected so far include work with individual

factories to demonstrate how improved working conditions and increased productivity can go hand

in hand, and the improvement of health provision in these factories.

The UK has also launched an £18 million program to improve private sector skills training in the

garment and construction sectors. Through dedicated projects, the UK will continue to support the

garment sector, which plays a fundamental role in social change and women’s empowerment16.

Reason and responsibility for the mass destruction in Rana plaza collapse:

1. Illegal Building extensions

2. The politics business nexus

3. Unsafe and overload of worker

4. Cheap Building equipment’s and materials

ALARMING INDUSTRIES

DIFFERENT ACCIDENT OCCURRED IN DIFFERENT EMERGING SECTORS DUE TO UNSAFE AND UNHEALTHY WORKING ENVIRONMENT:

RMG Industry

161 “Human Rights and Democracy Report 2013 Promoting human rights internationally Supporting development in Bangladesh” Published on Thursday, April 10, 2014 in the foreign and commonwealth office and department for international development.

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Fires have been a persistent problem in the country's readymade garment (RMG) industry for over

a decade. Bangladesh has over 4,500 RMG factories, which employ more than four million

workers and account for US$19 billion in exports.' The country's comparative advantage is low

costs - the minimum wage for workers is a mere Tk3,000 ($37) per month. As keeping costs low

has been one of the keys to the sector's success in Bangladesh, there are strong disincentives to

make necessary investments in worker safety. While improvements have been made over the

years, the safety record of the Bangladesh RMG industry remains poor. There is some

disagreement about the number of worker deaths in the industry. According to the Bangladesh

Institute of Labour Studies, 431 workers died in 14 major fire incidents between 1990 and 2012.

However, according to Bangladesh Fire Department, 414 garment workers were killed in 213

factory fires between 2006 and 2009 alone.

Out of compliance

According to Section 62 of the 2006 Bangladesh Labour Law, the following standards are required for all

RMG factories:

· At least one alternative exit with a stair connecting all the floors of the factory building.

· No exit can be locked or fastened during working hours.

· An effective and clearly audible means to warn of fires.

· Cleared passages providing access to each escape route.

· A fire drill at least once a year in each factory where more than fifty workers are employed.17

Several of these and other requirements were violated at Tazreen Fashions:

· The fire originated in the warehouse, which was improperly located on the ground floor

beside the generators. If the fabric had been stored in an enclosed, fireproof room, as

required by law, the fire could have been contained. Instead it not only spread but blocked

171“Afsana Tazreen and Daniel M. Sabet,” “Worker Safety in Bangladesh”: Looking Beyond

Garments by By April 2013

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the ground floor exit.

· The factory did not have any emergency fire exits that would have allowed workers to

circumvent the ground floor fire.

· The factory failed to annually renew its fire certificate.

· The factory lacked a sprinkler system or an outdoor fire escape.

· Despite only having permission for a three-story building, the owners had added five extra

floors to the building illegally.

· Some fire extinguishers did not function, and, despite fire drills, workers were not properly

trained in fire extinguisher use or fire evacuation procedures. '

Perhaps more disturbing than these failings, was the response of the supervisors on the day of the

fire. The supervisors dismissed the fire alarm and told the workers to continue working. The fire

took around 30 minutes to spread, while it should have taken only five to seven minutes for the

workers to evacuate the factory. In addition to demonstrating Tazreen's negligence, such extreme

violations raise serious questions about Bangladesh's fire, building, and occupational health and

safety regulators.

Aftermath: The "Post Tazreen Scenario"

As a consequence of the fire, the Ministry of Labour and Employment and the International Labour

Organization convened a tripartite meeting of government, employers, and workers on fire safety in the

workplace on 15 January 2013. Subsequently, the ministry formally adopted anaction plan on March

24outlining needed legislative and policy challenges.

While these represent very positive steps, there are reasons to be concerned. This would not be the first

time that promises to improve worker safety have fallen short. A 2001 fire that killed 24 people was

expected to have a similar turning point. At that time, the High Court directed the government to set up

a committee to oversee the safety of garment workers, a directive which was never implemented.

Despite all the attention garnered by the Tazreen blaze, just two months into the incident, seven

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workers died in another factory fire at Smart Garment Ltd. The emergency exit of the building was

locked, and those who died were trampled while trying to rush down the only stairway. Since the

Tazreen fire, another 28 factory fires have been reported, injuring at least 591 workers 18.

Shifting the focus to other industries:

If safety measures are inadequate in the RMG industry, one cannot help but wonder about the

situation in industries that do not garner the international spotlight like the RMG sector. According

to the Safety and Rights Society (SRS), which monitors news accounts of worker deaths, 388

workers were killed in occupational accidents in 2011 and 490 in 2012. While the Bangladesh

Institute of Labour Studies (BILS) estimates the number to be far lower, the SRS estimation is

probably fairly conservative as not all such deaths are reported in the media. In fact, the ILO

contends that 11,000 workers die each year in work-related accidents in Bangladesh.

In the section that follows, we consider three prominent industries-- ship breaking, leather and

construction-- with a high rate of occupational injuries and deaths.

The ship breaking industry

Each year hundreds of decommissioned ships are brought to the beaches of the Bay of Bengal,

where ship breakers, including many minors, use blowtorches and sledge hammers to tear the great

ships apart for monthly salaries that range from Tk3,000 to 5,000 (US$37-62). Most of the defunct

ships contain a variety of hazardous materials, including asbestos, PCBs, ozone depleting

substances, lead, heavy metals, liquid wastes, and acidic wastes, all of which pose a major threat to

the environment and worker health and safety.

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In addition to chemical exposure, workers operate without protective gear and use unsafe and

untested cranes, lifting machinery, and ropes and chains recovered from the very ships being

dismantled. During the years 2009-2011, 31 laborers were reportedly killed in accidents, and the

actual number may be much higher. The main causes of accidents include falling steel beams and

plates, gas flames and explosions, suffocation and inhalation of poisonous gases19.

In a recent survey of 216 workers, respondents reported that severe cuts and broken bones were

common and that burns and even loss of limbs occurred.

Although the ILO issued guidelines in 2004 for ship breaking in Asian countries, and although

Bangladeshi workers are supposed to be protected under the 2006 Labour Law Act, enforcement and

compliance are almost nonexistent. In 2009, the Supreme Court placed a ban on all ship breaking due

to the hazardous materials onboard. The industry seemed likely to collapse until the government

loosened regulations and the Supreme Court placed a stay on its decision. A final judgment is still

pending, but the industry has to date failed to take steps to improve worker safety.

The leather industry:

Over the last ten years, leather exports have grown by an average of Tk 328 crore (US$41 million)

per year. Unfortunately, according to a Human Rights Watch study, ninety percent of workers

employed in the 150 tanneries located in the Hazaribagh section of Dhaka face occupational hazards

ranging from exposure to tanning chemicals to potential accidents causing limb amputations.

Workers soak raw hides in toxic chemicals such as chromium, sulphur and manganese, cut the hides

with razor blades and handle corrosive substances with bare hands in stuffy, dark rooms. During the

process they rarely wear any protective clothing, like boots, gloves, or masks.

The Bangladesh Government has consistently failed to enforce labor or environmental laws in

Hazaribagh, and it has failed to act on High Court orders to clean up the tanneries and move them out

of Dhaka to a safer location where the industry's effluent can be properly treated. In theory, worker

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safety issues should also be improved in a new location; however, this is far from guaranteed. While

international buyers (under pressure from consumers) have played a role in promoting worker safety

the RMG industry and the leather goods manufacturing industry, that pressure has not been extended

further down the supply chain to the tanning process20.

The construction industry

Section 7 of the Bangladesh National Building Code (2006) has a section dedicated to safety

measures for workers and clearly states that workers should wear helmets and safety harnesses and

that all temporary stairs, ladders, and scaffolds should be, "substantially constructed so as not to

create any unsafe situation for the workmen using them or the workmen and general public passing

under, on or near them". However, even casual observation would reveal that these provisions are

frequently if not always violated. According to Safety and Rights Society (SRS) there were 149

deaths in the con struction industry in 2012, 183 deaths in 2011, 73 in 2010, 56 in 2009 and 100

deaths in 2008.

However, the actual figures are suspected to be much higher. The Dhaka Medical College morgue

and its emergency department alone report receiving one or two such victims of construction site

accidents every day. Unlike the export-oriented industries, the construction industry does not receive

any pressure for reforms from the foreign buyers (and their consumers). Perhaps as a result, there is

no enforcement body to ensure that worker safety legislation is enforced. In 2010, the High Court

asked the government to establish a National Building Code Enforcement Authority, but no such

authority has been created, leaving worker safety rules entirely unenforced.

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Based on International Labour organization (ILO) published report some of historical data is

presented through graph, where shown number of occupational accident and fatal work related

diseases caused by unhealthy and unsafe working environment in Bangladesh:

Occupational accident:

Fatal work related diseases:

CHAPTER SIX : GOVERNMENT AND NON GOVERNMENT INTERFERENCE

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After massive destruction in property and life through Rana plaza collapse government and non-

government especially buyer organizations create force the Bangladesh government to take initial

steps to overcome the crisis and ensure not to happen in future. The garment industry is vital to the

economy of Bangladesh. It is worth nearly £20 billion and contributes to around 75% of export

revenue. It also employs around 3.5 million people and makes up 13 per cent of gross domestic

product. As production shifts from China, economists expect the Bangladesh garment industry to

become the world’s largest exporter of apparel. The country owes its predominance to the wide

availability of cheap labour and lax regulation. The monthly minimum wage of $38 is less than a

fifth of the rate in China and is considerably below what the United Nations consider a living wage

for Bangladesh ($60). Poor work conditions and low pay, however, mean that industrial accidents

and labour disturbances are not uncommon. Yet, any far-reaching changes to the industry to improve

labour standards may also have profound effects on the economy of Bangladesh.

There is little evidence to suggest that the Bangladesh Government possesses the strength or

resources to act alone and enact far-reaching legislation to improve conditions in its factories.

Corruption and social strife are endemic to Bangladeshi politics and society. It ranks 144 th out of 174

countries on the Corruption Perception Index, a survey based on how corrupt the public sector is

perceived to be. Bangladesh is also regularly paralyzed by political strikes and religious violence. In

view of this, western governments and multi-national corporations must take a greater responsibility

in helping to pave the way for change in Bangladeshi factory standards.

However, in the immediate aftermath of the factory tragedy, some companies astonishingly

expressed bewilderment about whether the Sava factories produced their products. Indeed, as a result

of multinational corporations outsourcing their production to countries like Bangladesh, independent

contractors often make decisions in complex supply chains. Companies must know that cost

differentials, the reason they outsource in the first place, between developed and developing nations

suggest conditions at factories are probably unsatisfactory, and only empirical evidence can disprove

this. Arnold and Bowie argue that ‘multinational enterprises have duties, both in their own factories

and in contract factories to ensure that the dignity of workers is respected’. These duties are

paramount, ‘because of the power they have over the owners and managers of such factories and

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because of the substantial resources at their disposal’. Companies should therefore, be responsible

for sourcing transparent suppliers and for rapidly identifying issues in their supply chains. Ignorance

is no excuse, and the advent of new data technologies and improved communications now enable

businesses to manage their supply chains more efficiently.

The responses of multinational corporations and governments to the factory collapse have been

varied. The European Union threatened to alter its General System of Preferences (GSP) in order to

force the Bangladesh government to comply with international labour standards. Bangladesh exports

some 60 percent of its garment production to Europe under the GSP, which gives the Asian nation

duty-free and quota free access to the EU market. However, the EU decided against such an

impulsive reaction. In a statement, the organization announced that it wished to remain engaged in

Bangladesh so, ‘that it can preserve the preferential treatment access to the EU market which has

greatly helped socio-economic development over the years’.

The EU, the International Labour Organization (ILO), and the Bangladesh Government have reached

a tripartite agreement that envisages improvements in labour rights and work conditions, and has set

targets for the industry to meet.

The United States, which receives about 25 percent of Bangladeshi garment exports, has, in response

to the building collapse, chosen a different path. The US has decided to suspend its GSP trade

benefits for Bangladesh. Yet, the move is ‘more symbolic than substantive’, as 90 percent of

Bangladeshi exports to the US is clothing that does not receive benefits under the US GSP. Apparel

exports to the US face an average duty of 15 percent, while the £35 million of exports hit by this

decision make up less than 1 percent of total Bangladeshi exports to the United States.

Kim Elliot acknowledges that if President Obama were serious about improving work conditions in

Bangladesh, he would have tried to ‘increase the paltry trade benefits that Bangladesh receives,

contingent on serious and sustainable improvements in worker rights’.

The Americans could therefore, help to foster economic growth and improve factory conditions by

following in the footsteps of the EU.

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As for the multinational companies themselves, there was a fear that many firms would emulate the

re-action of Walt Disney and withdraw operations from Bangladesh altogether. This would have

been incredibly rash given the importance of the garment sector to the Bangladeshi economy and the

employment vacuum it would have created. Instead, after negotiations with trade unions and

nongovernmental organizations (NGOs), a mostly European group of 70 businesses has agreed to

inspect, within nine months, all Bangladeshi garment factories that supply their companies. These

companies have joined a legally binding plan, known as the Accord on Fire and Building Safety, in

order to maintain minimum safety standards in the garment factories of Bangladesh. It includes the

signatories H&M, Carrefour, Marks and Spencer, Primark, Benetton, and the American parent of

Calvin Klein and Tommy Hilfiger, PVH.

Bangladesh Institute of Labor Studies (BILS)

BILS working on OSH since its inception during 1995.They undertake awareness,

training, research activities concerning OSH. They also provide institutional support to

International Confederation of Free Trade Union-Bangladesh Council’. The main

activities of BILS related to OSH are as follows:

-Strengthening the democratic functioning of the trade union

-Assists trade unions through education training, research, campaign and

communication -Improve occupational health and safety, and welfare of the

workers.

CHAPTER SEVEN (FINDING AND ANALYSIS BY CONDUCTING SURVEY): The findings and analysis of survey which we have conducted regarding peoples working

environment depends on the perception, acceptability and responses of people. We have conducted a

survey, where we collected from the one hundred fifteen people responses to fulfill our survey data

and valuable information’s. Where sixty three responses are female and fifty two responses are

male.

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Our questionnaire was designed two of the major part which includes some demographic part and

some hypothetical assumptions based on working environment to identify whether people rights

reflected to the working environment or not. To get better indication about people’s perception about

rights to healthy and safe work environment we conduct a survey of 14 questions on 115 people.

Most of respondent are garments worker, employee of the private firm, some of govt. employee.

The objective is to find out what are the people awareness, knowledge and set different standard by

the different organizations to their employees.

Availability of first aid kits, fire extinguisher and protective equipment’s in your organizations:

Out of hundred fifteen respondents’ worked where safety staff are not available some of

multinational and private firm ensures safety staff but not up to bench mark.

All of the safety staff maintained and checked properly:

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Availability of first aid kits, fire extinguisher and protective equipment’s

Comments Number of respondents

Very strong 13

Strong 22

Medium 35

Poor 23

Not available 32


Though the safety staff is seen in different organizations but these are not maintained and checked

properly. Most of the respondents strongly agreed in this context. Now the different organizations

maintain it properly because of getting different quality certificate and fulfill the buyer’s

requirements.

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All of the safety staff maintained and checked properly

CommentsNumber of respondents

Strongly Disagree 65

Disagree 11

Neutral 14

Agree 15

Strongly agree 10


Developed emergency procedure:

Though the emergency is seen in different organizations but this practice is vastly used. Most of the

respondents strongly disagreed in this context. Now the different organization uses different way of

emergency exits. Due to maintaining quality certificate and fulfill the buyer’s requirements this trend

is now become popular.

Facilities appeared in your organizations

There must be some facilities would require regarding safety and healthy work environment. All of facilities are not ensure to the organizations but this practice is being used and it’s increasing gradually.

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Developed emergency procedure

Comments Number of respondents

Strongly Disagree

43

Disagree 21

Neutral 12

Agree 18

Strongly agree 21


ANALYSIS: In our survey data the entire sample is different working people in different level in context of

Bangladesh. All of them are mature on the basis of age limit. From their responses we have learned

all organization have offer to different facilities regarding safety and healthy but this offer are not

sufficient enough to maintain a minimum standard. Day by day people become aware about their

rights. Employee expects some volunteer programs should be arranged by the government, NGO or

national and multinational companies and both employee’s and employer have willingness to

participate like this program.

CHAPTER SEVEN: (RECOMMENDATION AND CONCLUSION)

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Facilities appeared in your organizations

Well secured with security staff 51

Neat and clean toilet 65

Day care for children 8

Space for prayer 49

Doctor consultant 6


Recommendation:

After conducting survey questionnaire we realize that people is aware, have knowledge regarding

employees’ rights, But because of poor social practices for long period, not respecting to the law,

people are not bothering about the practice of different terms used in different work environment .

We all are liable to do that. We are not only creates harm to our lives gradually. To keep our work

place free from unsafe and unhealthy we need to take some initiatives immediately. It may be

organize volunteer program like training program, how to use fire extinguisher etc. Government

should established different actionable program like fine, punishment, or jail and keep continuing.

Only then we keep our next generation will be grow up with safety and healthy.

We recommend:

1. More Involvement the employees in developing ways to improve health and safety.

2. Develop a system to identify new and existing hazards to eliminate or minimize significant

hazards

3. Make sure that all employees are adequately trained in safe operating procedures

4. Offer to the employee health incentives and insurance policy

CONCLUSION:

Healthy Work Environments recognize that people are at the heart of the healthcare system and give

priority to the multiple aspects of the workplace that have an impact on the mental and physical

wellbeing of employees including the cultural, social and job design conditions. Organizations that

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adopt Healthy Work Environment principles and values, by taking a comprehensive, collaborative

approach to ensure workers can function in a safe and respectful atmosphere, are the most successful.

Healthy Work Environments promote employee well-being, engagement, retention, productivity all

of which affect the bottom line. Employment law covers all rights and obligations within the

employer-employee relationship -- whether current employees, job applicants, or former employees.

Because of the complexity of employment relationships and the wide variety of situations that can

arise, employment law involves legal issues as diverse as discrimination, wrongful termination,

wages and taxation, and workplace safety. When the international standards turnout as a law and

properly practiced in work environment only than employee will be benefited.

BIBLIOGRAPHY:

Book:

“The Bangladesh Labour act, 2006” (XLII of 2006), published on 11th Oct. 2006

Articles:

“The Rana plaza disaster” Human Rights and Democracy Report 2013 Promoting human rights

internationally Supporting development in Bangladesh” Published on Thursday, April 10, 2014 in

the foreign and commonwealth office and department for international development.

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Hossain Jakir, PhD, “Standards- rights nexux in action in Bangladesh: Transformimg labour

standards into workers right” published on May 2013

“Bangladesh Labour Journal” Vol-18, “Department of Labour”. Govt of the People's Republic of

Bangladesh Dhaka, 1998

“Afsana Tazreen and Daniel M. Sabet,” “Worker Safety in Bangladesh”: Looking Beyond Garments

by By April 2013

Magazine:

Anon, ‘Corporate Social Responsibility: Disaster at Rana Plaza’, the Economist (May 4, 2013)

J. Burke, ‘Majority of Bangladesh garment factories “vulnerable to collapse”’, The Guardian (June

3, 2013)

Websites:

http://www.bangladeshworkersafety.org/

https://www.gov.uk/government/case-studies/the-rana-plaza-disaster

http://www.ilo.org/global/topics/safety-and-health-at-work/lang--de/index.html

https://osha.europa.eu/en/press/articles/global-trend-according-to-estimated-number-of-occupational-

accidents-and-fatal-work-related-diseases-at-region-and-country-level

http://www.mole.gov.bd/index.php?option=com_content&task=view&id=475&Itemid=543

http://www.boi.gov.bd/index.php/component/businesslaws/?view=lawdetails&law_id=24

http://www.hse.gov.uk/pubns/law.pdf

http://www.hrw.org/news/2014/02/06/bangladesh-protect-garment-workers-rights

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http://www.hrw.org/news/2014/02/06/bangladesh-protect-garment-workers-rights

http://www.hse.gov.uk/pubns/law.pdf

http://www.boi.gov.bd/index.php/component/businesslaws/?view=lawdetails&law_id=24

https://osha.europa.eu/en/press/articles/global-trend-according-to-estimated-number-of-occupational-accidents-and-fatal-work-related-diseases-at-region-and-country-level

https://osha.europa.eu/en/press/articles/global-trend-according-to-estimated-number-of-occupational-accidents-and-fatal-work-related-diseases-at-region-and-country-level

http://www.ilo.org/global/topics/safety-and-health-at-work/lang--de/index.html

https://www.gov.uk/government/case-studies/the-rana-plaza-disaster


http://www.hrw.org/news/2012/10/08/bangladesh-tanneries-harm-workers-poison-communities

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http://www.hrw.org/news/2012/10/08/bangladesh-tanneries-harm-workers-poison-communities

Employees rights to a healthy working environment

Law

Transcript of Employees rights to a healthy working environment