Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

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. Cooperation and collaboration of the labour inspectorate and other public or private institutions engaged in similar activities and the social partners. In its previous comments, the Committee noted that doubts existed as to whether the public authorities responsible for fire, electrical and structural safety had the human resources and capacities required to take over from the private initiatives – that is, the groups of retailers and apparel brands ACCORD and ALLIANCE – that have been undertaking relevant inspections in RMG factories since the Rana Plaza collapse in 2013 – on the expiry of their mandate. In this regard, the Committee noted that initiatives were under way to increase the number of inspectors within the capital development authorities (RAJUK) which are responsible for building safety and within the Department of Fire Service and Civil Defence (DFSCD) which is responsible for fire safety. The Committee also noted the efforts being made to coordinate the activities of the public authorities responsible for fire, electrical and structural safety in the Remediation Coordination Cell (RCC).

The Committee notes that the Government, in reply to its request for information on the number of inspectors working within the RAJUK and DFSCD, refers to ongoing recruitment for the RAJUK and an increase in the number of inspectors working at the DFSCD to 268 inspectors (as of July 2017). The Committee also notes the clarification provided by the Government in reply to the Committee’s request concerning the collaboration with the social partners, that the Inter-Agency Tripartite Committee established following the “National Tripartite Plan of Action on Fire Safety and Structural Integrity in the Ready-Made Garment Sector in Bangladesh” includes both employers’ and workers’ representatives. The Committee notes from information available on the website of the ALLIANCE, that this initiative will end in 2018, while the ACCORD initiative will continue beyond May 2018. The Committee requests that the Government continue to provide information on the increase in the number of inspectors within the public bodies responsible for building safety (RAJUK) and fire safety (DFSCD). The Committee also requests the Government to provide detailed information on specific forms of collaboration of the Department of Inspection for Factories and Establishments (DIFE) with workers’ and employers’ organizations or representatives. The Committee requests the Government to provide specific information on how the fire, electrical and structural safety of the factories covered by ALLIANCE will be ensured, and to indicate the relevant bodies responsible for taking over the tasks of that initiative.

Article 3(2). Additional functions entrusted to labour inspectors. The Committee notes the Government’s reiterated indications, in response to its previous request, that labour inspectors of the DIFE are mainly entrusted with labour inspection functions within the meaning of the Convention, that they are only entrusted with conciliation functions in respect of the payment of wages and benefits, and that labour officers of the Department of Labour (DOL) undertake conciliation and mediation functions in respect of all other matters. It further notes the Government’s indication, in reply to its previous request for information on the proportion of time devoted to conciliation and mediation functions by DIFE inspectors, that is not possible to provide such information. In this respect, the Committee notes the statistics provided by the Government in its report that in 2016–17, 2,550 complaints were received by the DIFE, of which 1,778 were resolved through inspections. Noting that 1,778 complaints were resolved through inspections in 2016–17, the Committee requests the Government to provide clarification on whether some or all of the 772 other complaints were dealt with through conciliation, and for any complaints that were dealt with through conciliation, the size of wage and benefit awards made pursuant to each conciliation.

Article 7. Training of labour inspectors. The Committee notes the Government’s information in reply to the Committee’s request concerning the training provided to labour inspectors.

Articles 9 and 14. Notification of industrial accidents and cases of occupational diseases. The Committee notes that the Government, in reply to the Committee’s previous request to continue to take measures to address the under-reporting of industrial accidents and the lack of reporting of any cases of occupational disease, refers to targeted inspection visits in high-risk sectors and the work of medical doctors among the labour inspectors at the DIFE which identify cases of occupational disease during inspection visits. Concerning the improvement of the system for the notification of industrial accidents and cases of occupational disease, the Government also reiterates that technical assistance provided by the ILO might be helpful for the development of a database on statistics of industrial accidents and cases of occupational diseases; and that technical assistance might also be helpful to conduct a survey on OSH in factories. The Committee requests that the Government continue to take steps to improve the system for notifying the labour inspection services of industrial accidents and cases of occupational diseases, requesting ILO technical assistance where needed, and including the development of a database on statistics of industrial accidents and cases of occupational disease. The Committee requests the Government to provide information on any instances in which inspectors determined that employers have failed to notify an occupational accident, along with criminal or civil penalties assessed for such offences under sections 80 and 290 of the Bangladesh Labour Act (BLA). The Committee also requests the Government to consider, in the context of the proposed reform of the BLA, the provision of sufficiently dissuasive penalties for non-compliance with reporting obligations in relation to cases of occupational disease.

Articles 20 and 21. Publication and communication of annual labour inspection reports necessary to evaluate the effectiveness of the labour inspection system. Availability of inspection statistics in relation to all sectors. The Committee notes the Government’s reference to the annual labour inspection report for 2015–16 published on the website of the DIFE in the Bengali language, and its indication that the annual labour inspection report for 2016–17 is currently being prepared. Recalling its previous comments on the absence of statistics allowing an informed assessment of labour inspection activities in other sectors than the RMG sector, the Committee notes with interest that the Government provides information on measures taken to improve the collection of inspection data, including: (i) the development of a mobile and web-based application with ILO technical assistance; (ii) the integration in this application of a revised labour inspection checklist; and (iii) the development of a digitalized reporting system from which inspection reports can be generated. The Committee also notes the Government’s indication that it is intended to extend the existing database on RMG factories and the workers employed therein beyond the RMG sector. The Committee requests the Government to provide a copy of the annual labour inspection report to the Office, as requested under Article 20(3), if possible, including the most prominent parts in one of the approved ILO languages. The Committee further requests the Government to provide information on the concrete steps taken to establish a register of all workplaces liable to inspection and of the workers employed therein in sectors other than the RMG. The Committee also requests the Government to continue to provide detailed information on the implementation of measures to improve the collection of inspection data (such as the recruitment of staff for the collection, compilation and updating of data the absence of which has been identified as an obstacle in the 2015 direct contacts mission report).