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Labour Inspection Convention, 1947 (No. 81) - Bangladesh (RATIFICATION: 1972)

Other comments on C081

Observation

Direct Request

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Articles 2, 3(1)(a) and (b), 5(a) and (b), 13, 17 and 18 of the Convention. Inspection activities to improve occupational safety and health (OSH) standards in the Ready-Made Garment (RMG) sector. The Committee notes the Government’s indication, in its response to the previous observations of the Trade Union’s International Labour Standards Committee (TU-ILS Committee), that the ready-made garment Sustainability Council (RSC) was set up by members representing brands, industry, and trade unions. The Government states that the RSC’s board of directors consists of 18 representatives, with 6 from each of the RSC constituents. Regarding the framework of coordinated monitoring of building safety in the RMG sector between the RSC and the DIFE, the Committee notes the Government’s indication in its report that the framework has been approved by the Ministry of Commerce in October 2022, and that a Government Coordination Council (GCC) led by the Ministry of Commerce has been formed to monitor the coordination of the activities of the RSC and the DIFE. The Committee nevertheless notes that, according to the observations of the TU-ILS Committee, there is still a need for coordination between the RSC and the DIFE and for more coordination between the RSC and trade unions and safety committees at the factory level.

Regarding the work of NIRAPON and the RSC, the Committee notes the information provided by the Government regarding inspections conducted by the RSC and its statement that NIRAPON does not share its information with the Ministry of Labour and Employment. The TU-ILS Committee takes the view that NIRAPON is not functioning properly. The Committee requests the Government to continue to provide detailed information on the coordinated activities of the RSC and the DIFE under the framework of coordinated monitoring of building safety in the RMG sector, including the activities of the GCC relating to the monitoring of such coordination. It also requests the Government to indicate measures taken to improve coordination between the RSC and trade unions and safety committees at the level of undertakings. The Committee also requests the Government to indicate the impact of the coordination framework on labour inspection activities to improve OSH standards in the RMG sector.

Regarding the Industrial Safety Unit (ISU), the Committee notes the Government’s statement the ISU now consists of twelve inspectors with training in fire, electrical and structural safety. The Committee once again requests the Government to provide information on the activities undertaken by the ISU.

Finally, the Committee previously noted that the remediation coordination cell (RCC) provides technical support for remediation measures in factories that fall under the NATIONAL Initiative (NI). In this respect, the Committee notes the Government’s indication that out of the 1,549 NI factories, 816 factories have closed down, 551 are undergoing follow-up by the ISU, 13 have joined private initiatives, 11 have moved under the authority of the export processing zones (EPZs), 111 factories have relocated, and 47 factories have been given Corrective Action Plan (CAP) completion certificate. The Committee further notes the statistics provided by the Government regarding the task forces in reviewing and approving the structural, fire and electrical safety plans of factories. The Government indicates that as at July 2023: (i) plans of 417 factories have been submitted to the electrical task force, with 177 approved and 240 returned for correction; (ii) plans for 367 factories have been submitted to the fire safety task force, with 125 approved and 242 returned for correction; and (iii) plans of 364 factories have been submitted to the structural task force, with 115 approved and 249 returned for correction. The Government further indicates that the escalation (compliance) protocol for remediation of 2019 is still in use, and that it consists of six rounds. A reminder or warning letter is issued for the first three rounds, a letter for the cancellation of the utilization declaration is issued to the Bangladesh Garments Manufacturers and Exporters Association (BGMEA) or the Bangladesh Knitwear Manufacturers and Exporters Association (BKMEA) in the fourth round, a motivational meeting call is made with the factory authority for the fifth round and legal procedures are undertaken by labour inspectors in the sixth round. The Committee further notes that, according to the Government, the new project on risk identification, technical assistance and remediation supervision for selected factories was not approved by the planning commission. The Committee requests the Government to continue to provide information on the number of factories undergoing follow-up by the RCC and on the activities of the task forces in reviewing and approving the structural, fire and electrical safety plans of factories. It also requests the Government to provide further information on the manner in which the remediation process is verified by the RCC.

Article 3(2). Additional functions entrusted to labour inspectors. Conciliation. Following its previous comments, the Committee notes the information provided by the Government regarding complaint settlements and its indication that 398 labour inspectors are engaged in conciliation functions, giving their full efforts to resolving disputes. The Committee notes that 398 labour inspectors giving full efforts in this area represents a substantial proportion of the human resources in the inspectorate as a whole, and that according to the TU-ILS Committee’s observations, the conciliation functions of labour inspectors may be moved to the Department of Labour following the legislative reform. The Committee requests the Government to provide detailed information onthe measures taken or envisaged to ensure that conciliation functions entrusted to labour inspectors do not interfere with the effective discharge of their primary duties or prejudice in any way the authority and impartiality which are necessary to inspectors in their relations with employers and workers.

Articles 9 and 14. Notification of industrial accidents and cases of occupational diseases. Following its previous comments on the under-reporting of occupational accidents and diseases, the Committee notes the information provided by the Government on the duties of safety committees in the promotion of OSH at the enterprise level, which includes assisting management in implementing OSH regulations and rules. The Committee notes that, according to the labour inspection report, there were 45 occupational accidents and 146 fatal accidents in the period 2021–22. The Committee also notes the Government’s indication that under-reporting is related to a lack of will from employers to report, as well as lack of penalties for non-reporting. According to the Government, the DIFE is raising awareness and has digitalized forms to report occupational accidents, dangerous incidents, and occupational diseases through the LIMA OSH module. Regarding the impact of technical standard operating procedures (SOPs), which describe the procedures for reporting occupational accidents and diseases, the Committee notes the Government’s indication that SOPs have a significant impact in reporting occupational accidents and diseases. Nevertheless, the Government indicates that as of 20 August 2023, no reports of occupational diseases have been made through LIMA, and according to the TU-ILS Committee’s observations, while there are provisions on reporting accidents to the DIFE, there is low implementation in practice. The Committee requests the Government to continue to provide information on the measures taken to improve the rate of reporting of occupational accidents and diseases to the DIFE. In addition, the Committee requests the Government to give serious consideration to providing for sufficiently dissuasive penalties for non-compliance with reporting obligations in relation to cases of occupational accidents and diseases, and to provide information on developments in response to this request.

Articles 20 and 21. Publication and communication of annual labour inspection reports necessary to evaluate the effectiveness of the labour inspection system. Following its previous comments, the Committee notes the Government’s indication that the labour inspection report of the DIFE for 2022-23 has not yet been published. The Committee observes that the labour inspection report for 2021–22 does not contain statistical information on workplaces liable to inspection and the number of workers employed therein (Article 21(c)), violations (Article 21(e)) and on occupational diseases (Article 21(g)).Taking into account the Government’s previous indication regarding the establishment of a database with statistics on workplaces liable to inspection, the Committee requests the Government to indicate whether the database is still in place. The Committee requests the Government to continue to take measures to ensure that the labour inspection reports contain all the information required in Article 21 of the Convention.

[The Government is asked to reply in full to the present comments in 2024.]