factories rules 1977
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1.0 INTRODUCTION
1.1 Background of the study
People come into contact with objects in their everyday environment. Some of
these objects are familiar and some are new. People evaluate the new and re-
evaluate the old. This evaluation process assists in developing attitudes toward
objects.
Attitudes develop from our personal experience with reality as well as from
information gathered from indirect experiences. It is a learned predisposition to
respond to an object or class of objects in a consistently favorable or unfavorable
way. It has several characteristics as follow-
1. has an object
2. has direction.
In this study the focus is on the way, the owners or employers feel about the
importance of applying Labor Laws in their factories. The direction of an attitude
expresses how a person feels toward an object. The objective of this study is to
have an overview of the existing labor laws and the extent to which they are
being complied with. This will enable us to identify the drift between the real
situation and the ideal situation. This will also identify the reasons for
noncompliance and thus suggest some recommendations.
1.2 Objectives
The main objective of the study is to follow the instruction of the faculty and thus
to fulfill the course requirement. The objective of the report may be classified into
the categories based on the impact of the study.
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Major objective: To have an idea about the attitude of the employers toward the
maintenance of welfare facilities for their workers in their factory.
Specific objective: To know-
Whether the health and hygiene conditions are complied with
The facilities provided
What facilities are not met
The steps taken to improve the situation and thus to reduce the
drifts.
1.3 Scope Of The Report
The report will be a very minute effort to have the idea of the whole industries.
Since the report involves only two organizations, this will give us the scenario of
these industries excluding other industries. The findings of this report are thus
limited to these industries only. There may be industries where labor laws are
met more sincerely.
1.4 Importance And Benefits Of The Study
The interest is academic mainly. There are interests beyond this.
1.4.1 Organizational Interest: Organizations will become aware of the things to
be done to comply with the labor law. They will try to improve their prevailing
conditions in the factories. If there remains anything that is not consistent with the
requirement of the law because of sufficient information, they are likely to be
improved.
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1.4.2 Social Interest: People will become conscious about the law and try to
improve the overall existing condition. The report involves interviewing a good
number of persons and thus is likely to increase awareness among the people.
1.5 Methodology
The process basically involved the collection of data, compiling them and
drawing a conclusion, suggesting the procedure to follow so that the
organizations abide by the rules more sincerely. The steps in the process are-
1. Asking questions to the employers, occupiers, managers and workers as
available to get a picture pf the events taking place in the factories.
2. Interviewing the occupiers, managers, employers and workers based on
the questionnaire attached.
3. Making visits to the factory premises and looking for the facilities arranged
there for the workers.
4. Compiling the data and analyzing them.
5. Making conclusions and recommendations.
1.5.1 Time Schedule:
Proposal submission: May 12,2002.
Survey: May and June 2002.
Analyzing the data: First week of July.
Draft report: July 9, 2002.
Final report: July 10,2002.
Submission: July 112002.
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1.6 Limitations of The Study
The study suffers from several limitations. These are-
1. The actual owners of the factories were not found available. Since in our
country any improvements to be taken are decided by the owners, I could
not find any commitment.
2. The managers of the factories are busy persons. This put a time limit on
their availability as well.
3. The persons interviewed kept silent or avoided some questions like
whether they are considering any significant improvements.
4. The persons might have answered differently to another person.
5. The study focuses only on the welfare facilities under the Bangladesh
Factories Rules and not on the labor law as a whole.
1.7 Historical Importance
May be, the same study was conducted on the same topic earlier and particularly
in the same factory. The managers were relatively new and thus could not tell
whether any study was conducted. But they confirmed that this is the first time in
their supervision time.
1.8 About The Organizations Visited
The two organizations visited were Globe Drugs Ltd and Roxy Paints Ltd.
Globe Drugs is a pharmaceutical bulk drugs manufacturing company located in
the BSCIC Industrial Estate, Begumgonj, Noakhali. This company started its
operation in 1998 and thus is a relatively new company. The plant was
established maintaining the standards of ISO 9002 certification and thus is
relatively well planned. On the other hand, Roxy Paints was established in 1953
and is located in Zigatola, Dhaka. The company manufactures a good number of
sophisticated paint preparations and has a strong presence in the local paint
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market. I chose these two factories for carrying out the study because I had been
an employee of Globe Pharmaceuticals Ltd and thus has a good rapport with the
management. I chose Roxy Paints due to my sound personal relationship with
the General Manager of the factory.
1.9 Definitions That Will Help To Understand The Report
“Act” means the Factories Act, 1965;
“Chief Inspector” means an officer appointed under sub-section (1) of section 9 of the Act;
“Inspector” means officer appointed under sub-section (2) of section 9 of the
Act; and includes the “Chief Inspector” and other officers as may be notified as
Inspector under sub-section (3) of the said section; and
“Septic tank latrine” means a latrine of the septic tank type, together with its
filter beds, and includes activated sludge latrines and aero bacterial latrines.
2.0 PRESCRIBED SITUATION AND THE REAL PICTURE
2.1 Lighting Of Interior Parts
The lighting of and the light fittings, in the interior parts of a factory where
persons are regularly employed and in other parts shall be of such specification
or, as the case may be, of such manner, as the Chief Inspector specifies in this
behalf.
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Findings- The factories inspected in connection to this report have sufficient
lighting in all spaces as specified by the law. The lightings of the factories are
mainly tube lights and all the tubes are provided with sheds. Apart from these,
there are bulbs in some places such as canteens. Although the lights have sheds
most of these sheds are not cleaned and this protects the spreading of light.
Thus the intensity of the light is not up to the mark. In Globe drugs the lightings in
the storehouse was lesser than expected.
2.2 Provisions For Drinking Water-
1) In every factory there shall be provided and maintained at suitable points
conveniently accessible to all workers a supply of water fit for drinking. The
quantity supplied shall at least be as many gallons as there are workers-
(2) The supply of drinking water required under sub-rule (1), if not laid on, shall
be contained in suitable vessels and shall be renewed daily at least. All
practicable steps shall be taken to preserve the water and vessels from
contamination.
(3) Any open wall or reservoir from which the drinking water is derived shall be so
situated and protected as not to be liable to pollution by organic matter or other
impurities.
(4) The area around any place where drinking water is supplied to the workers
shall be maintained in a clean and drained condition.
(5) The inspector may, by order in writing, require the manager of factory to
obtain a report from the Directorate of Health Service, as to whether the drinking
water supplied to the workers is fit for drinking or otherwise.
Findings-
In Globe Drugs the water supplied to the workers during the working hours as
well as during the leave or rest hours is that of the municipality viz. Chaumuhani
Pourasava. The water supply was at positions readily accessible to all the
workers. In fact arrangement for drinking water was made in all working floors,
which made it conveniently accessible to the worker.
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The water supplied is filtered through UV guard filters, which kill the
microorganisms that are likely to be present in the water available from
municipality supply. Thus there is no such specific vessel as may seem relevant
according to the law. The area in which the arrangement for drinking water has
been made in all the floors are cleaned daily and thus maintained in a clean and
sanitary condition.
When the factory manager was asked whether the local inspector has advised
them to get a report from the Directorate of Health Service, he told that they were
not asked any such report to procure. Thus quite naturally they never sent the
water sample to the authority and have no such report.
Roxy Paints also supplies drinking water to their worker from the water supply
available from the municipality viz. Dhaka WASA. But unlike the former factory it
has no arrangement of UV filtration. The workers here drink the water available
from the supply. They keep the water in plastic drums. These drums were used
for the packing of chemicals. There is no such specification about the material
composition of the drums in the law. The drums are cleaned but the interviewees
could not specify the time lag between two successive cleanings, which showed
that the drums are not cleaned regularly. Since the drums are opaque from
outside, the contamination inside is not visible. This leaves the chances for
drinking of contaminated water by the workers. The local Inspector also has not
asked them to get a report from the Directorate of Health Service and thus there
is no system for checking the purity of the water drunk by the workers.
Most interestingly, they were ignorant of the requirement and hoped to do so in
the future. The supply of drinking water was enough in quantity and the positions
were conveniently suited for all workers. The vessels where water is kept are
also up to the standard and the water was fresh.
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2.3 Cooling Of Water
In every factory wherein more than two hundred and fifty workers are ordinarily
employed, the drinking water supplied to the workers’ canteen, lunchroom and
rest room shall, from the 1st of April to the 30th of September in every year, be
cooled by ice or other effective method:
Provided that if ice is placed in the drinking water, the ice shall be clean and
wholesome:
Provided further that in the case of factories where provisions for water-coolers
has been made, the Chief Inspector may, by order in writing, relax the provisions
of this rule.
Since the number of workers in both the factories is less than hundred, the
provision of cooling of water does not hold for either of the factories. But the
management of Globe Drugs informed that they are actively considering setting
up an arrangement for the cooling of water. He also said that any such
arrangement would be made in all the floors.
2.4 Latrine Accommodation
1. Latrine accommodation shall be provided in every factory of the following
scale-
(a) where females are employed, there shall a latrine for every 25 females;
(b) where males are employed, there shall be at least one latrine for every 25
males;
Provided that, where the number of males employed exceeds 100, it shall be
sufficient if there is one latrine for every 25 males up to the first 100, and one for
every 50 thereafter.
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Explanation- In calculating the number of latrines required under this rule,
any number of workers less than 25 or 50, as the case may be, shall be
reckoned as 25 or 50.
(2) The number of workers in a factory for whom septic tank latrine
accommodation shall be deemed to be adequate shall be (a) the maximum
number of daily users as approved by the Directorate of Health Service, under
clause (1) of rule 29, or (b) the number of workers provided for on the scale
specified in sub-rule (1), whichever is less and where the number so calculated is
less than the total number of workers employed, the accommodation provided by
way of septic tank latrines shall not be deemed to be sufficient within the
meaning of section 20.
Findings-
In either of the factories visited there was no female worker and thus there was
no separate latrine for the females. The number of workers in the Roxy paints is
sixty-five and the number of latrines is three. This meets the specification of the
provision. In the Globe drugs, the number of workers is thirty-five and there are
two latrines and this also meets the specification.
2.5 Design, Situation Etc. Of Latrines-
The following provisions shall apply to latrines: -
(1) The design and the site or situation shall be subject to the approval of the
Director of Health Service; and the construction shall be subject to the
approval of the Chief Inspector. Application for such approval shall be
accompanied by plans in duplicate showing (a) the site for situation and
immediate surroundings including adjacent buildings and drinking water
and (b) the plan, elevation, and necessary cross-section drawn to scale
indicating all relevant details.
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(2) They shall be situated, unless otherwise approved in writing by the
Inspector, within the factory precinct and so located that every worker may
have ready access thereto and no effluvia there from can arise within a
workroom.
(3) They shall not communicate with any workroom except through the open
air or through an intervening ventilated space and shall be adequately
lighted during working hours.
(4) They shall be under cover and so partitioned off as to secure privacy; and
shall have proper-hinged doors and fastenings:
Provided that the Chief inspector may, by order in writing, exempt factories
existing on the date of commencement of these rules from providing hinged
doors and fastenings for these latrines, which have been constructed before such
commencement.
(5) Where workers of both sexes are employed, separate latrines shall be
provided for each sex and outside each latrine, at the entrance, there shall
be displayed in a conspicuous position, an approved sign or a notice in
Bengali clearly indicating the sex for which the latrine is provided. All
latrines intended for females shall be so placed or so screened that the
interior shall not be visible even when the door is open, from any place
where persons of other sex have to work or pass, and, if the latrines for
one sex adjoin those for the other sex the approaches shall be separate
and there shall be no common entrance.
(6) Where piped water supply is available a sufficient number of taps,
conveniently accessible, shall be provided in order near such latrine
accommodation.
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Findings-
Neither of the two factories approved the design, the site or situation from the
Directorate of Health Service. The factories even did not approve the
construction from the Chief Inspector.
The latrines in the Roxy paints are situated at places conveniently suited for all
workers but those in the other factory was a bit away from the workrooms. The
latrines in both the factories do not communicate with any workroom and are
equipped with proper-hinged doors and fastenings.
Since there are no female workers in any factory there is no separate latrine for
males and females. The latrines are thus not labeled with any sex discrimination.
2.6 Septic Tank Latrines-
The following provisions shall apply to septic tank latrine: -
(a) The maximum number of daily users for whom the tank is designed shall
be approved by the Directorate of Health Service, and a notice board
showing such number shall be fixed in a prominent position on each
latrine.
(b) The latrine shall be so designed as to allow a space of 2 cubic feet to 3
cubic feet per user and the ordinary filter beds shall have 6 cubic feet
filtering media per every user, and for rotary filters the capacity may be
reduced to 3 cubic feet per user.
(d) The effluent therefrom shall conform to such standards as the
Government may prescribe by notification in the Official Gazette.
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(e) For the satisfactory disposal of the sludge or other solid matters, a pit of
cubical capacity equal to the total flow of not less than an hour shall be
provided to receive the solid matter. When the pit becomes full, the valves
should be closed and the solid matter and sludge shall be allowed time to
settle. The effluent shall, then, be drawn off and sterilized and the solid
matter and sludges shall be trenched or burnt;
Provided that the Chief Inspector is satisfied that in respect of any septic tank the
requirements of clause © are not necessary, he may by order in writing, grant
exception from that clause on such conditions, if any, as he may impose.
Findings-
The septic tank latrines in both the factories merely comply with the provisions.
The managers interviewed in both the factories joined the organizations after the
establishment of those and thus they could not provide information about it. The
drawings of the factories were not available to them. Thus it could not be justified
whether the effluents conform to the standards prescribed in the Official Gazette.
2.7 Urinal Accommodation-
Urinal accommodation shall be provided for the male workers, which shall not be
less than 2 feet in length. It shall be sufficient if there is one urinal for every 50
males up to the first 500 employed, and one for every 100 thereafter. In
calculating the urinal accommodation required under this rule, any odd number of
workers less than 50 or 100, as the case maybe shall be reckoned as 50 or 100.
Findings-
There is no separate urinal accommodation for the workers in Globe Drugs
except that they are the latrines. In Roxy Paints, the urinals are sufficient and
appropriately spaced and located at permissible areas. Urinals in the Roxy Paints
are more than 2 feet in length.
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2.8 Urinal To Comply With Public Health Requirements-
Urinals other than those connected with efficient water-borne sewerage system
and urinals in a factory wherein more than 250 workers are ordinarily employed
shall comply with the requirement of the Directorate of Health Service.
Findings-
Since in neither of the factories the number of workers is 250 or more than that
they are not likely to comply with the requirements of the Directorate of Health
Service.
2.9 White-Washing, Color Washing Of Latrines And Urinals-
The walls, ceilings and partitions of every latrine and urinal shall be white-
washed or color-washed and the white-washing or color-washing shall be
repeated at least once in every period of four months. The dates on which the
white-washing or color-washing is carried out shall be entered in the Register in
Form No, 6;
Provided that, parts of latrines and urinals which are laid in glazed tiles or
otherwise finished to provide a smooth polished impervious surface shall be
washed with suitable detergents and disinfectants at least once in every period of
four months.
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Findings
In Globe Drugs the ceilings, walls, and partitions of latrines are white-washed .
But the white washing is not done as frequently as prescribed. In fact, the
management could not confirm when the last whitewashing was done. They do
not have any arrangement to register the dates of whitewashing in the register
but the management informed that they would do so in future. Similarly the tiles
of the factory latrines are not washed with disinfectant as frequently as advised.
In Roxy the latrines’ ceilings, walls and partitions are also white washed but the
condition of the white-washing is poor. The faces to be whitewashed are in
impoverished condition. Similarly the dates on which whitewashing is carried out
is not entered on the register. There are no tiles in the latrines of Roxy and thus
washing with disinfectant was not required.
2.10 Number And Locations Of Spittoons-
The number and location of spittoons to be provided shall be to the satisfaction of
the Chief Inspector.
2.10.1 Types Of Spittoons Shall Be Of Either Of The Following
Types: -
(a) a galvanized iron container with a conical funnel shaped cover. A layer of
suitable disinfectant liquid shall always be maintained in the container; or
(b) a container filled with dry, clean sand, and covered with a layer of
bleaching powder; or
(c) any other type approved by the Chief Inspector
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2.10.2 Cleaning Of Spittoons-
The spittoons shall be emptied, cleaned and disinfected at least once every day
and the spittoons mentioned in clause (b) of rule 35 shall be cleaned by
scrapping out the top layer of sand as often as necessary or at least everyday.
Findings-
The number and type of the spittoons in either of the factories is not prescribed
by the Chief Inspector. The containers in both the factories are plastic made and
there is no layer of disinfectant in the container as asked in the rule. The
containers are filled with dry sand but the sands are not clean and there was no
level of bleaching powder. The impoverished condition of the spittoons in Roxy
Paints showed that they are not cleaned daily. The management said that they
are cleaned once in a week.
Since Globe Drugs is a bulk drug manufacturing company, the condition of the
spittoons is better than that of the other company. Still they are also not cleaned
daily.
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3.0 CONCLUSION
During the visits undertaken to make the study, different persons starting from
the employer, manger to workers were interviewed and the information gained
varied to some extent. But certain interesting things came out from the
conversations.
1. The employers were more or less ignorant of the requirements of
Bangladesh Factories Rules, 1977. The same situation arose in case of
managers who usually handle the daily administration of the factories.
1. The Inspectors who are usually responsible for checking the compliance
of the rule seldom makes any inspections.
3.The managers do not feel any importance to maintain the standards of the
rules. This mostly arises from their lack of information about what the rule
specifies and what they are to maintain.
4.Although in the factories some of the provisions are partially complied with
some are not al all.
3. The establishments were established without any specific design and thus
it becomes difficult for them to make certain space arrangements required
by the rule.
4. All of the people interviewed showed very much interest on the
requirement of the maintenance of the welfare facilities and promised to
take actions to improve the present prevailing situation.
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4.0 RECOMMENDATION
1. The Government should take more initiative to ensure the compliance
of the rule and should undertake punitive measures where necessary.
The authority concerned should concentrate on the application of the
law.
2. .The arrangement of training for the managers and the employers may
be taken by both the organizations as well as the Government.
3. The Government may reward a company every year for best
compliance with the rule and thus encourage the same among others.
The rewards may be like tax waiver for few months and similar.
4. The Government may celebrate a day in every year to spread the
awareness among the people.
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EXECUTIVE SUMMARY
The report was primarily initiated to fulfill the requirement of the course “ Legal
Environment of Business”. I was assigned to prepare the report by my respected
faculty.
The report will help the employers to have a greater knowledge of the importance
of the maintenance of the rule” Bangladesh Factories Rules, 1977”. The report is
likely to improve the awareness among the people and thus will have an overall
social impact. The term paper will focus on the provisions under the rules and the
corresponding arrangements made by the two companies viz. Globe Drugs Ltd
and Roxy Paints Ltd. The first company, which is relatively new, and ISO 9002
certified manufactures pharmaceutical bulk drugs and sell it to the local market.
The second organization since its inception in 1953 has been manufacturing
paints and selling it to the local market.
Since the report was made on these two organizations it will give an overview of
how the rules are being complied in our country. This will not reveal the overall
condition of the industries across the country. The task started with the
submission of the proposal to my faculty and was completed by July10.2002.
In this study I tried to cover all the provisions of the rules and gather as much
information as possible by interviewing people at different levels of the
companies.
It was found that both the companies maintained the provisions of the rules
partially either knowingly or unknowingly. The major findings of the report were
related to the unawareness of the provisions of the rules by the respective
managers. Another thing that contributed significantly to the non-compliance with
the rules’ provisions was the rare visit by the Inspectors concerned.
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Thus the report made some recommendations like the better application of the
law by the Government. Punitive measures as specified by the law may be taken
to improve the situation. The Government may also take initiatives along with the
companies to arrange meetings of the managers who are the ultimate person to
take steps toward compliance.
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