Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

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

The Committee notes the observations of the International Trade Union Confederation (ITUC), received on 1 September 2018.

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. 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 (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. The Committee notes from the website of the ALLIANCE initiative that there are plans to form a successor safety monitoring organization that will carry forward safety monitoring at the end of its mandate in December 2018. It notes from the website of the ACCORD that a transition accord has been signed on behalf of more than 180 brands, establishing a transition monitoring committee composed of representatives of the Government, signatory brands and trade unions, the Bangladesh Garment Manufacturers and Exporters Association (BGMEA) and the ILO that will continue its programme of inspections and remediation, assisted by joint labour-management safety committees at the factory level as well as a safety and health complaints mechanism.

The Committee notes the Government’s indication, in response to the Committee’s request on how the fire, electrical and structural safety will be ensured in the future, that the Department of Fire Service and Civil Defence (DFSCD) responsible for fire safety currently employs 268 inspectors (up from 50 in 2014), and that the capital development authorities responsible for building safety now employ a total number of 122 inspectors (up from 61 in 2013). The Committee further notes the Government’s indication that the Remediation Coordination Cell (RCC) responsible for monitoring the remediation work in all factories including the ACCORD and ALLIANCE factories in terms of fire, electrical and structural safety, recruited an additional number of 60 engineers (in addition to the existing 26 engineers from the Department of Inspection for Factories and Establishments (DIFE)), and was awaiting the recruitment of another 47 engineers. The Government further indicates that it is proposed to turn the RCC into a permanent “industrial safety unit” at the DIFE, responsible for the monitoring of fire, electrical and structural safety of all factories. The Committee also notes the observations made by the ITUC that among the factories not covered by ACCORD or ALLIANCE, only 107 of 809 had taken all the suggested remedial action in accordance with the corrective action plan established. Expressing concern that the public inspection authorities may not yet have the necessary capacity to assume monitoring of the factories currently covered by the private initiatives, the Committee requests the Government to pursue its efforts to strengthen the capacity of the Government services responsible for the monitoring of fire, electrical and structural safety, with a view to ensuring the protection of workers when the ACCORD and ALLIANCE initiatives come to an end. In this respect, the Committee requests the Government to continue to provide information on increases in the number of staff in the responsible bodies, and on any plans to coordinate inspection and remediation activities with the ACCORD and ALLIANCE. The Committee also requests the Government to provide information on the number of factories not covered by these initiatives that have taken the remedial action suggested in their corrective action plans.

Article 3(2). Additional functions entrusted to labour inspectors. The Committee previously noted the Government’s indication that labour inspectors of the DIFE are mainly entrusted with labour inspection functions within the meaning of the Convention, and that their functions relating to conciliation functions are limited to the payment of wages and benefits. The Committee notes an absence of information in response to its request concerning the number of complaints made to the DIFE in 2016–17 dealt with through conciliation, and the number of cases dealt with through labour inspection visits in that period as a result of those complaints. The Committee once again requests the Government to provide information on the proportion of time devoted to conciliation and mediation functions by DIFE inspectors, by providing information on the number of labour inspection visits undertaken, compared with the number of cases dealt with through conciliation.

Articles 9 and 14. Notification of industrial accidents and cases of occupational diseases. The Committee previously noted the under-reporting of industrial accidents and the lack of reporting of any cases of occupational disease. The Committee notes that the Government refers, in response to its previous request, to a number of activities including the undertaking of awareness-raising meetings by DIFE inspectors at factories and the development of an excel database with statistics on industrial accidents and cases of occupational disease. The Committee also notes the Government’s information on statistics of occupational accidents in 2017–18, but observes that it does not provide information on statistics of cases of occupational disease. The Committee requests the Government to continue to take steps to improve the system for notifying the labour inspection services of industrial accidents and cases of occupational disease, and provide relevant information in this respect (such as the subjects covered in awareness-raising activities, the maintenance and regular updating of a list of cases of occupational diseases and the training of medical doctors), including specific information on the number of cases of occupational disease notified, if any. As the Government has not provided this information, the Committee also once again requests the Government to provide information on any instances in which inspectors determined that employers had 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. Concerning the availability of statistics in sectors other than the RMG sector, the Committee previously noted a number of measures referred to by the Government to improve the collection of inspection data, including: (1) the proposed extension of the existing database on RMG factories and the workers employed therein beyond the RMG sector, and (2) the development of a mobile application and a digitalized reporting system from which inspection reports can be generated. In this respect, the Committee notes with interest the Government’s indication that since May 2018, all labour inspectors at the DIFE are using tablet computers with a mobile application that enables them to enter inspection data digitally. The Committee notes that the Government reiterates that the annual labour inspection report for 2016 is under preparation. The Committee encourages the Government to pursue its efforts to comply with its obligation under Article 20 to regularly prepare, publish and transmit to the ILO, copies of the annual labour inspection reports. As the Government has not provided any information in this respect, the Committee requests the Government to provide further 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 sector. 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 Government is asked to reply in full to the present comments in 2019.]