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Protection against Accidents (Dockers) Convention (Revised), 1932 (No. 32) - Bangladesh (Ratification: 1972)

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Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

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Legislation giving effect to the Convention. In its previous comments, the Committee requested the Government to indicate the legislative or regulatory measures adopted or envisaged to give effect to specific provisions of the Convention. The Committee notes that the Government refers to various texts concerning the ports of Chittagong and Mongla: (i) the Chittagong Port Authority Act, 2022that provides for the establishment of the Chittagong Port Authority, established under the Chittagong Port Authority Ordinance, 1976; (ii) the 2018 amendment of the Regulations for Working of Chittagong Port (Cargo and Container), 2001, which prescribes, inter alia, the work to be performed by the Terminal Operator as well as its responsibilities; (iii) the Chittagong Port Authority Labour Welfare Fund Regulation, 2018, that provides for welfare activities of dockworkers; (iv) the Mongla Port Authority Act, 2022 that provides for the establishment of the Mongla Port Authority; and (v) the Mongla Port Authority Labour Welfare Fund Regulation, 2018, that provides for welfare activities of dockworkers. The Government adds that the provisions of the Convention are mostly incorporated in the contract agreement signed between the Chittagong Port Authority (the employer) and the Berth Operators, Terminal Operators, Ship Handling Operators (the service providers). Concerning the Mongla Port, the Government asserts that, under sections 10 and 11 of the Mongla Port Act, the Port Authority is empowered to ensure protection against accidents and to take necessary measures to comply to the requirements of the Convention. Additionally, the Government refers to the development of guidelines and checklists based on port law requirements in the new port of Payra. The Committee appreciates this information. However, it notes that a number of texts were not provided by the Government, and that some are exclusively in Bengali. In order to enable it to better assess how the Government ensures that appropriate measures are taken to give effect to specific requirements of the Convention as referred to in its previous comments, the Committee requests the Government to provide copies of the texts it referred to (the Chittagong Port Act, 2022, the Mongla Port Act, 2022, the Chittagong Port Authority Labour Welfare Fund Regulation, 2018, and the Mongla Port Authority Labour Welfare Fund Regulation, 2018) as well as any contract agreement signed between service providers and the Chittagong Port Authority, and to specifically identify the relevant provisions in these texts that give effect to the following articles of the Convention: Article 2(1) and 2(2), (3), (4) and (5) (approaches); Article 3(5) and (6) (means of access to ships); Article 4 (transport of workers by water in vessels); Article 14 (prohibition on removing or interfering with protective gear); Article 15 (exemptions from or exceptions to the provisions of the Convention); Article 16 (application of measures envisaged by the Convention that affect ships under construction); Article 17(2) and (3) (efficient system of inspection and posting of copies of the regulations); and Article 18 (reciprocal arrangements). With regard to the port of Payra, the Committee requests the Government to provide information on any progress made towards the adoption of guidelines and checklists as per the port Act requirements, in particular in relation to the provisions of the Convention.

Article 5; Article 6; Article 8; Article 9(2)(2)(a), (3), (4), (6), (7), (8) and (9) and Article 11(1), (3), (4), (5), (6), (7) and (8). Certificates and chain registers. The Committee notes the Government’s indication that the Maritime Administration (Director General of Department of Shipping) has authorized the classification society to carry out inspections of all Bangladeshi flagged ships and to issue the relevant certificate and chain register in compliance with the Convention. The Committee requests the Government to indicate the legislative or regulatory texts in this regard and, where possible, to provide samples of inspection reports and certificates delivered by the classification society.

Article 13. First-aid facilities and equipment. The Committee notes the indication that all ports have a hospital run by the port authority, with qualified doctors on permanent duty to provide immediate treatment, as well as an ambulance service for the immediate transfer of patients, and that port operators are responsible for maintaining a first-aid kit at each workplace. The Committee requests the Government to specify the legislative or regulatory texts prescribing the maintenance of these first aid facilities and equipment. Additionally, it requests the Government to provide information on any measures giving effect to the requirements under Article 13(2) (rescue measures in the event of workers falling into the water).

Part V of the report form. Application in practice. Accident in a container terminal. The Committee notes the inspection modalities in the ports of Chittagong and Mongla, as well as the indication of the establishment of welfare and monitoring committees in these two ports. However, the Committee observes that, on 4 June 2022, a fire in the container terminal near Chittagong Port left almost 50 dead and hundreds injured. It observes that the statement of the ILO Office in Dhaka on 6 June 2022 concerning this accident drew attention to “the need for an effective industrial and enterprise safety framework, and enforcement and training system to ensure a structured approach to mitigation, preparedness, response and recovery to all hazards.” The Committee requests the Government to indicate any measures taken to prevent the occurrence of such serious accidents in port terminals and to improve the protection of safety and health of workers, in conformity with the requirements of the Convention. The Committee further requests the Government to continue providing information on the number of inspections carried out in ports, the number and nature of contraventions reported, as well as information regarding any recommendation made by the above-mentioned committees on improving safety and health in the ports of Chittagong and Mongla. Furthermore, the Committee requests the Government to provide any available statistical data in the port sector on the number, nature and causes of accidents reported.

Prospects for the ratification of the most up-to-date Convention. The Committee notes the Government’s indication that the Occupational Safety and Health (Dock Work) Convention, 1979 (No. 152) is under examination. The Committee requests the Government to provide information on any development in this regard.

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Legislation giving effect to the Convention. The Committee previously noted that section 263 and chapter XVI on dockworkers’ recruitment control and safety of the Bangladesh Labour Act 2006 had been repealed by Act No. 66 of 2009 and replaced by chapter XVIA concerning regulations related to the repealed dockworkers’ management board. In this regard, the Committee observed that the amended section 263A did not contain any provisions empowering the Government to adopt safety measures or make regulations concerning safety or dockworkers, and therefore requested the Government to indicate the measures taken to give effect to the Convention. The Committee welcomes the Government’s indication that, under the terms of the Labour Act as amended in 2013, it adopted the Bangladesh Labour Rules (BLR) 2015, which include a specific section (section 75) and an annex (Annex 3) on security measures in the port sector. The Committee notes, however, that the provisions of the BLR give effect only to certain Articles of the Convention and do not allow for a full evaluation of the application of the Convention. The Committee therefore requests the Government to provide information on any legislative or regulatory measures adopted or envisaged to give effect to the following Articles of the Convention: Article 2(1) and 2(2), (3), (4) and (5) (approaches); Article 3(5) and (6) (means of access to ships); Article 4 (transport of workers by water in vessels); Article 5 (means of access to cargo holds for the carrying on of processes therein); Article 6 (protection mechanisms for hatchways and other openings on board the ship); Article 8 (safety of workers engaged in removing or replacing hatch coverings); Article 9(2)(2)(a), (3), (4), (6), (7), (8) and (9) (measures taken to ensure that all hoisting machines and any other fixed or mobile gear used in connection therewith are kept in safe working condition); Article 11(1), (3), (4), (5), (6), (7) and (8) (provisions regarding loading operations); Article 13 (first-aid facilities and equipment); Article 14 (prohibition on removing or interfering with protective gear); Article 15 (exemptions from or exceptions to the provisions of the Convention); Article 16 (application of measures envisaged by the Convention that affect ships under construction); Article 17(2) and (3) (efficient system of inspection and posting of copies of the regulations); and Article 18 (reciprocal arrangements).

Part V of the report form. Application in practice. The Committee previously noted the Government’s indication that information on the application of the Convention in practice was not available due to the lack of improved data management systems and of skilled personnel. The Committee notes that the Government indicates in its latest report that in 2014 the Department of Inspection for Factories and Establishments (DIFE) was created, and expresses its intention to establish labour inspection services in ports and develop a database management system. The Committee requests the Government to provide information in its next report on any progress made in this regard and, where appropriate, to include statistical data from the port sector on the number of inspections carried out, the number and nature of the contraventions reported and the number, nature and causes of the accidents reported.

Prospects for the ratification of the most up-to-date Convention. The Committee encourages the Government to review the decision adopted by the Governing Body at its 328th Session (October–November 2016) approving the recommendations of the Standards Review Mechanism Tripartite Working Group, and to consider ratifying the Occupational Safety and Health (Dock Work) Convention, 1979 (No. 152), which is the most up-to-date instrument in this subject area. The Committee requests the Government to provide information on any measures taken in this regard and recalls that it can avail itself of the technical assistance of the Office for this purpose.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Legislation. The Committee notes that section 263 along with Chapter XVI on “Dock Workers’ Recruitment Control and Safety” of Bangladesh Labour Act 2006 was repealed by the Government vide Act No. 66 of 2009 and replaced by Chapter XVI A concerning “Regulations Related to Repealed Dock Workers’ Management Board” and that the amended Section 263 A does not contain any provisions entitling the Government to adopt safety measures or make regulations concerning safety or dock workers. The Committee requests the Government to indicate the measures taken to ensure the full application of the Convention and to provide a copy of the amended legislation.

Part IV of the report form. Judicial decisions and Part V of the report form. Application in practice. In relation to its previous comments the Committee notes that due to lack of improved data management systems and inadequate manpower, the number of cases filed by category of enterprises cannot be generated. It also notes the absence of information on the application of the Convention in practice. The Committee therefore requests the Government to take the necessary measures to improve the follow-up of the application of the Convention in practice and to provide relevant information in this respect.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes the information in the Government’s report, in particular the adoption a new Labour Code in 2006 which contains, in Chapter XVI, a provision No. 263 entitling the Government to adopt “Special provisions for safety and health of dock workers” on numerous subject matters by notification in the Official Gazette. The Committee hopes that any new legislation on matters regulated in the Convention adopted will give further effect to the Convention and that the Government will supply copies of such new legislation for examination by the Committee as soon as it has been adopted.

Part IV of the report form. Judicial decisions. The Committee notes that the Government indicates that in certain cases Labour Courts or Administrative Tribunals render decisions based on complaints from aggrieved workers. The Committee requests the Government to submit copies of such decisions.

Part V of the report form. Application in practice. With reference to its previous comments, the Committee notes that the Government’s report does not include any information on the causes and nature of occupational accidents recorded, nor on the application of the Convention in practice. The Committee reiterates its previous request to the Government for supplementary information on the measures taken or envisaged to protect workers against the accidents referred to in available statistics, as well as for extracts from inspectors’ reports, in order for it to better appreciate the manner in which the Convention is applied in practice. The Committee also requests the Government to provide indications on the total number of dockworkers covered by the legislation in force as well as indications of the particular causes of these accidents.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes the information provided by the Government in reply to its previous comments. In particular it notes the statistical information on occupational accidents and their nature. It notes however, the absence of information on the causes of these accidents. It further notes a significant increase in the number of accidents in general in 1997, which has since continued to decline until 2000, but remains more than those for the previous reporting period (1996). Furthermore, during the same reporting period, the number of serious accidents continues to be high and the number of fatal accidents has gone up markedly for the year 2000. While the Committee notes the statement contained in the Government’s report that the necessary measures have been taken to prevent any accidents, it wishes to reiterate its previous request to the Government for supplementary information on the measures taken or envisaged to protect workers against such accidents referred to in these statistics, as well as for extracts from inspectors’ reports (Part V of the report form), in order for it to better appreciate the manner in which the Convention is applied in practice. The Committee would be grateful if the Government would also provide indications on the total number of dockers covered by the legislation in force as well as indications of the particular causes of these accidents, as was done in the Government’s previous report.

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes the information supplied in the Government's report and in particular the statistical information on occupational accidents with the explanation of their nature and causes. The Committee would be grateful if the Government would provide supplementary information on measures taken or envisaged to protect the workers against such accidents, taking into account a significant number of serious and other accidents reflected by the above-mentioned statistical data, as well as extracts from inspectors' reports (point V of the report form), which permits an appreciation of the manner in which the Convention is applied in practice.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee takes note of the information supplied by the Government in reply to its previous request as well as of the comments of Bangladesh Employers' Association. It notes in particular the statistical information on accidents with the explanation of their nature and causes, provided by the Government.

As regard health and safety measures at the workplaces of dockers set up in section 3, subsection 2(h) of the the Dock Workers' (Regulation of Employment) Act 1980, No. XVII, the Government makes reference to the view expressed by the Dock Labour Management Board, under the Ministry of Shipping, according to which no special plan of such measures is necessary. Similar views have been communicated by the Bangladesh Employers' Association.

The Committee would be grateful if the Government would continue to supply information on the number, nature and causes of accidents reported, taking into account a growing number of serious accidents, reflected by the above-mentioned statistical data, as well as information on measures taken or envisaged to protect the workers against such accidents and other relevant information on a general appreciation of the manner in which the Convention is applied, in accordance with point V of the report form.

Direct Request (CEACR) - adopted 1988, published 75th ILC session (1988)

The Committee takes note of the statistical data supplied by the Government in reply to its previous requests. It also takes note of the Dock Workers' (Regulation of Employment) Act 1980, No. XVII, the text of which was also supplied with the report received in 1987.

The Committee requests the Government to state in its next report whether a special plan concerning health and safety measures at the workplaces of dockers, provided for in subsection 2(h) of section 3 of the 1980 Act, has been established and whether regulations have been issued for this purpose in accordance with section 23 of the above Act (if so, please provide the text).

The Committee also hopes that the Government will continue to provide statistical data on accidents occuring to dock workers and that it will take the necessary measures to prevent such accidents, the number of which, according to the report, increased considerably in 1986 as compared to 1985.