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

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

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 the 2015 direct contacts mission had raised doubts 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 noted that there were plans to form a successor safety monitoring organization for ALLIANCE, and that an accord had been signed establishing a multi-stakeholder transition monitoring committee as regards the work of ACCORD. The Committee noted the observations made by the International Trade Union Confederation (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.

The Committee notes from the website of the ALLIANCE that this initiative ceased operations as planned in December 2018 after five years of operations inspecting factories. The Committee notes from the information provided by the Government in its report in response to the Committee’s request that the operation of the ACCORD has been extended by 281 days effective May 2019, and further notes from the website of ACCORD that it has carried out over 37,000 inspections at more than 1,600 factories since its formation, listing over 260 remediated factories. The Committee notes that there have been no further recruits in the governmental authorities responsible for fire, electrical and structural safety. In this respect, it notes that the Government reiterates 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 also notes the Government’s indication that the Remediation Coordination Cell (RCC) responsible for monitoring the remediation work in all factories in terms of fire, electrical and structural safety increased the number of engineers (and 26 engineers from the Department of Inspection for Factories and Establishments (DIFE)) by recruiting another 63 engineers (in addition to the 60 currently employed). The Government repeats 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. It adds that a proposal has already been submitted for approval, which includes 184 labour inspectors and ten offices (at headquarters and within nine divisional offices). The Committee notes that the Government does not provide the requested information on the number of factories (not covered by the private initiatives) that have undertaken the remedial action, but that it indicates that the new Labour Inspection Management Application (LIMA) will, once it is fully operational, allow for tracking of the progress of remedial action undertaken. Emphasizing that labour inspection is a public function and reiterating its concern that the public inspection authorities may not yet have the necessary capacity to assume monitoring of the factories that were covered by ALLIANCE and are currently covered by ACCORD, 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. In this respect, the Committee requests the Government to continue to provide information on increases in the number of staff in the responsible bodies, as well as progress towards the establishment of the Industrial Safety Unit within the DIFE. It also requests the Government to provide information on the number of inspections undertaken by these bodies and the corrective action requested. The Committee further requests the Government to provide information on the number of factories not covered by the ACCORD initiative 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 that the Government indicates that inspectors of the DIFE will take initiatives to resolve complaints (relating to wages or other benefits due) through discussion if an application is made by the complainant to the Inspector-General of the DIFE or an authorized officer. The Committee once again requests the Government to provide information on the proportion of time devoted to conciliation and mediation regarding the payment of wages and benefits by indicating the number of complaints submitted and number of conciliation and mediation procedures undertaken as a result. In this respect, the Committee also requests the Government to provide further information on the conciliation procedure regarding the payment of wages and benefits.

Articles 9 and 14. Notification of industrial accidents and cases of occupational diseases. In its previous comments, the Committee noted the under-reporting of industrial accidents and the lack of reporting of any cases of occupational disease. The Committee notes the Government’s reference, in response to its request, to measures undertaken to improve the system for the notifying of industrial accidents and cases of occupational disease. This includes the Government’s reference to the number of awareness-raising activities in factories and establishments (including, for example, information on occupational diseases) and the construction of a National OSH Research and Training Institute, due for completion in 2021 with a proposed 140 staff. The Committee notes from the statistical information provided by the Government that the number of occupational accidents reported decreased from 568 in 2017–18 to 88 in 2018–19 (although the number of fatalities increased from 36 to 121), and it observes that the Government again did not provide information on statistics of cases of occupational disease. The Committee also notes the Government’s information that there were no instances of failure to report occupational accidents to DIFE in 2017–18, but that the Government does not provide similar information for 2018–19 when the number of reported accidents decreased by 85 per cent (from 568 to 88). The Committee also notes the Government’s reiterated information that the medical doctors working at the DIFE will identify workers suffering from occupational diseases. The Committee requests the Government to provide an assessment on the reasons for the under-reporting of industrial accidents and the lack of reporting of any cases of occupational disease. It 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 awareness-raising activities on employers’ obligations to notify industrial accidents and cases of occupational disease, incentives or penalties for the lack of reporting by employers, the training of medical doctors at the DIFE to enable them to identify cases of occupational disease, the dissemination of a list of occupational diseases and their symptoms, etc.). Since the Bangladesh Labour Act (BLA), only foresees penalties for non-compliance with reporting obligations as regards industrial accidents, the Committee also once again encourages the Government to consider providing for 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 previously requested information on the concrete steps taken to establish a register of all work places liable to inspection and of the workers employed therein in sectors other than the RMG sector.

The Committee notes with interest from the website of the DIFE that the establishments listed on the website now include establishments in different sectors (and not only in the RMG sector). The Committee further notes the Government’s indication that between 2015 and 2018, about 35,000 unregistered factories have been registered covering about 7.5 million workers. The Committee also notes that the Government reiterates that labour inspectors at the DIFE are using tablet computers with a mobile application that enable them to enter inspection data digitally. Having previously noted that the annual labour inspection report for 2016 was under preparation, the Committee notes the Government’s indication that the annual labour inspection reports for 2016, 2017 and 2018 have been drafted and will be submitted to the ILO once finalized. The Committee requests 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. The Committee requests the Government to continue to provide further information on the progressive establishment of a register of all work places liable to inspection and of the workers employed therein in all sectors.

[The Government is asked to reply in full to the present comments in 2020.]