Demande directe (CEACR) - adoptée 2014, publiée 104ème session CIT (2015)

Convention (n° 81) sur l'inspection du travail, 1947 - Bangladesh (Ratification: 1972)

Autre commentaire sur C081

Observation

Demande directe

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Referring to its observation, the Committee wishes to raise the following additional points.

Articles 2, 3(1)(a) and (b), 5(a), 13, 17 and 18 of the Convention. Inspection activities in the construction sector. 1. Occupational safety and health (OSH) of construction workers. The Committee previously noted the observations of the Bangladesh Free Trade Union Congress (BFTUC) that despite a high number of fatal casualties in the construction sector, a separate inspectorate or agency, as foreseen under the Bangladesh National Building Code (BNBC) of 1993, had not been established, and that the Department of Inspection for Factories and Establishments (DIFE) assumes the function of inspection in the construction sector in practice, but only performs irregular inspections due to the lack of inspection staff. The Committee requests the Government to provide information on the labour inspection activities in relation to the enforcement of the legal provisions on the safety and health of construction workers, and to provide relevant statistical data (including on the number of inspection visits, violations reported, legal provisions concerned, types of sanctions imposed and measures adopted with immediate executory force in the event of an imminent danger to the health or safety of workers), as well as on the number of industrial accidents and cases of occupational diseases which have occurred in the construction sector.

2. Building safety. The Committee notes the additional information in the Government’s report that the authorities in the different administrative divisions are responsible for ensuring building safety, and that they are in the process of increasing their staff. The Capital Development Authority and the Chittagong Development Authority are responsible for the inspection of building safety in the capital and south-east respectively, and are also mainly responsible for the building security of factories in the ready-made garment (RMG) sector. According to the Government’s indications, the DIFE assumes responsibility for some electrical safety parts of factory buildings. The Committee also asks the Government to provide information on the control activities in relation to building safety, including relevant statistical data.

Article 3(2). Additional functions of labour inspectors. The Committee notes that the new subsection 124(a) of the Bangladesh Labour Act (BLA) in its amended version, entrusts the Chief Inspector or any other officials authorized by the Chief Inspector to act as mediator and conciliator in claims concerning the payment of outstanding payments or benefits. In this regard, the Committee would like to recall that Article 3(2) of the Convention provides that any further duties which may be entrusted to labour inspectors shall not be such so as to interfere with the effective discharge of their primary duties or to prejudice in any way the authority and impartiality which are necessary to inspectors in their relations with employers and workers. Paragraph 8 of the Labour Inspection Recommendation, 1947 (No. 81) provides that the functions of labour inspectors should not include that of acting as conciliator or arbitrator in proceedings concerning labour disputes. The Committee requests that the Government, in view of the limited human resources available to the labour inspection services, take the necessary steps to ensure that, in accordance with Article 3(2), any other duties entrusted to labour inspectors do not interfere with the performance of their primary duties.

Article 5(b). Collaboration with workers’ and employers’ organizations. The Committee notes the Government’s indications that the tripartite National Health and Safety Council (NIHSC) elaborated a national OSH policy in 2013, which was not attached to the Government’s report contrary to the indications of the Government.

The Committee further notes the information on the website of the public building assessment initiative of the National Tripartite Plan of Action on Fire Safety and Structural Integrity, carried out by the Bangladesh University of Engineering and Technology under the supervision of the National Tripartite Committee. The Committee asks the Government to provide a copy of any document relating to the national OSH policy and information on its application in practice. It further asks the Government to provide detailed information on the activities of the National Tripartite Committee in relation to labour inspection in the RMG sector and a copy of any relevant documentation.

Article 6. Status and conditions of service of labour inspectors. The Committee notes that the Government still has not provided any text governing the conditions of service of labour inspectors. The Committee therefore once again asks the Government to provide the requested text.

Articles 12(1), 15(c) and 16. Duty of confidentiality in relation to complaints. The Committee previously noted that the BLA, in its amended version of July 2013, still does not contain any legal requirement to refrain from disclosing the identity of the author of a complaint or from indicating that an inspection took place as a result of a complaint. In this regard, it noted the Government’s explanations, according to which, as the Committee understands them, the lack of material resources, including transport facilities and the absence of proper training, is the greatest threat to the observance of confidentiality in practice.

The Committee notes that the Government refers to the powers and prerogatives of labour inspectors in the BLA, but does not address the issue relating to the absence of a legal requirement for labour inspectors with regard the duty of confidentiality. The Committee also notes that the International Organisation of Employers (IOE) in its observations received on 28 August 2014 emphasizes that labour inspectors need to receive training in relation to their obligations, responsibilities and duties.

The Committee once again asks the Government to take appropriate measures to ensure that the duty of confidentiality regarding the existence of a complaint and its source is duly reflected in law. Please also provide any practical measures taken in this regard, such as the training of labour inspectors so as to enable them to observe their duty of confidentiality in practice.

Recalling its considerations in paragraph 263 of its 2006 General Survey on labour inspection that the performance of a sufficient number of unannounced inspection visits in relation to inspections with prior notice is indeed necessary to enable labour inspectors to discharge their obligation of confidentiality with regard to the source of any complaint, and also to prevent the establishment of any link between the inspection and a complaint, the Committee once again asks the Government to indicate the number of unannounced visits in relation to the total number of inspection visits.

Articles 9 and 14. Notification of industrial accidents and cases of occupational diseases. The Committee previously noted the BFTUC’s observations on the under-reporting of industrial accidents and the Government’s indications that it is currently working on the rules for the procedure of notification of cases of occupational diseases, in application of section 82 of the BLA, but that no cases of occupational diseases had yet been recorded due to the lack of staff to determine such cases and the absence of the required recording devices for this purpose.

The Committee understands, from the indications made by the Government and the IOE that the recruitment of the additional medical labour inspectors, resulted in increased activities of labour inspectors to provide advice and information to employers, including on the identification of cases of occupational disease, and their reporting obligations under the law. The Committee asks the Government to continue to provide information on the measures taken for the improvement of the system for the notification of industrial accidents and cases of occupational disease to the labour inspectorate, as well as on the impact of the abovementioned measures.

The Committee also once again asks the Government to report on the progress made in the formulation of the procedural rules for the notification of cases of occupational diseases adopted pursuant to section 82 of the BLA and to provide a copy, once they are adopted.

[The Government is asked to report in detail in 2015.]