Media Strategy on OHS issues

Assessment and planning to identify key audiences, messages and media

for a comprehensive campaign to ensure occupational health and safety Prepared and Edited By: Jhuma Halder

2

Table of Contents

Chapter - One................................................................................................................................4

Review: National Occupational Health and Safety policy - 2013...................................................4

1. Background................................................................................................................4

2. Goal.............................................................................................................................4

Legal obligations..................................................................................................................4

3. Roles and Responsibilities of Stakeholders...........................................................4

a. Roles of government................................................................................................5

b. Roles and responsibilities of owner’s association...............................................5

c. Roles and Responsibilities of Trade Unions.........................................................6

d. Roles and Responsibilities of employers and management................................6

e. Roles and Responsibilities of workers and employees.......................................6

4. Implementation work plan.........................................................................................6

5. National OHS Policy Framework.................................................................................7

Chapter – Two...............................................................................................................................7

Labor Law – 2006 (Amended in 2013)..........................................................................................7

1. Background................................................................................................................7

2. Objectives...................................................................................................................8

3. Scope of implementation..........................................................................................8

4. Workers welfare issues.............................................................................................8

5. Accident related issues.............................................................................................9

6. Women’s welfare and Gender issues......................................................................9

7. OHS issues...............................................................................................................10

8. Inspection.................................................................................................................10

Chapter – Three...........................................................................................................................10

Aims, Roles and responsibilities of OHS development agencies................................................10

Aims, Roles and Responsibilities of ILO, Accord, Alliance..................................................11

A. Aims of ILO conventions.........................................................................................11

B. Roles and Responsibilities of ILO..........................................................................11

C. Roles and responsibilities of Accord.....................................................................13

D. Roles and responsibilities of Alliance...................................................................13

Chapter – Four.............................................................................................................................14

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Review: Literature........................................................................................................................14

1. Introduction..............................................................................................................14

2. Key Issues on OHS..................................................................................................14

3. Present status on OHS............................................................................................15

4. Analysis....................................................................................................................15

6. Recommendations.....................................................................................................17

Chapter – Five.............................................................................................................................17

References..................................................................................................................................17

References..........................................................................................................................17

A. Articles....................................................................................................................17

B. Law and Policy.........................................................................................................18

C. Websites...................................................................................................................18

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Chapter - One

Review: National Occupational Health and Safety policy - 2013

Occupational Health and Safety Policy – 2013

1. Background

The global, ethical and legal obligations are immensely important to ensure Safe Work

Environment and Health Safety, formulation of National Policy on Occupational Health and

Safety. Implementation of the policy ensures safety of the workers and increases industrial

productivity. It is vital role to attain higher growth rate and ensure survival in competitive

local and international markets. Article 7, 14 and 20 of Bangladesh Constitution stated about

Safe Work Environment and Health Safety of the Workers. ILO Convention number 155,

161, 187, Protocol 155 and Recommendation 164 and 197 pronounced the Safety at work

place and Health Safety of workers. Moreover, 60th conference of WHO in 2007 sets out 5

(Strategic) objectives to fulfill Global Plan of Action on Workers Health 2008-17.

2. Goal

Improvement of Occupational Health and Safety for all who is working in formal and

informal sector in Bangladesh so that the number of death, injury and disease related

to occupation gradually reduces and the constitutional and global obligation of the

State fulfilled.

Legal obligations

Identified risks with ranking.

Appropriate technology and infrastructure along with basic awareness and

training of the workers.

Maximum safety in transporting, storage and use of hazardous chemical and

other materials.

Documentation of all data about OHS.

Medical treatment and compensation for the victims of accidents.

Rehabilitation of workers/victims.

3. Roles and Responsibilities of Stakeholders

(Government, Trade Unions, Employers and Management and Workers and Employees)

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a. Roles of Government

Define and identify risks with priorities;

Formulate, upgrade and implement national policy and legal infrastructures;

Arrange regular consultation with stakeholders and take necessary steps;

Coordinate, communicate and ensure liaison with WHO and ILO;

Document all data about OHS (injury, death, support) properly;

Set/Place specialized and trained specialists for better OHS and medical

support for wounded and affected workers;

Establish labour courts in specific areas of the country and set up separate

unit for Occupational Health and Diseases (OHD) in public hospitals;

Take urgent steps to reduce accidents in risk prone industries;

Follow the OHS conventions of ILO and take steps in implementation of

policy of WHO;

Review and update all law regarding OHS in every five years;

Celebrate national OHS day;

Include OHS related lessons in secondary and higher secondary level

curriculum;

Organize training for the higher officers/workers aimed at improving

operational management;

Campaign on OHS and

Take necessary steps towards modernizations of technology and

strengthening of department of Factories and Establishments Inspections.

b. Roles and responsibilities of Owner’s Association

Inspire and motivate owners to implement laws and regulations related to

OHS;

Review the activities undertaken by owners and form policy monitoring

committees;

Organize training/discussion meetings for improvement of OHS quality

among member organizations;

Participate in actions of the Tripartite Forum and Bangladesh Industrial

Health and Safety Council inspiring/motivating owners for documentation of

all data about OHS;

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Establish special occupational health and safety unit/cell in the Owners

Associations and ensure medical treatment and compensation for

wounded/affected workers;

Accept the malignance and negligence towards factory and worker.

c. Roles and Responsibilities of Trade Unions

Inspire every member of Union to abide by laws/rules on OHS and aware the

workers and officials about the law and rights with responsibilities;

Participate, cooperate and provide necessary support in bilateral and tripartite

discussion and activities on OHS;

Expand full support to the activities of occupational health surveillance in

identifying work related diseases or OHS problems;

Voice the need of the unheard (especially the women, weak) in a

systematic/responsive manner.

d. Roles and Responsibilities of Employers and Management

Identify risk of OHS and inform all about the risks and ensure maximum

safety;

Ensure arrangements for precautionary/safety measures;

Document all data about OHS and use data for plan of developmental work;

Establish safe work procedure at work place practicing security instructions

using personal protection equipments;

Organize periodic safety drills to keep the workers abreast of the

system/practices.

e. Roles and Responsibilities of Workers and Employees

Follow the directions of the authority/employer to ensure OHS and PPE;

Participate actively in all the program and trainings on OHS and implement

acquired knowledge at work place;

Inform proper authority to address any health related problems, hazardous

condition and seek authorized medical support;

Create a mutual support and response system among themselves.

4. Implementation of the Work Plan

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As a focal person Joint Secretary of Ministry of Labor and Employment forwards to

Union with stakeholders in the public and private sector and formulate action plan in

accordance with goal of the policy;

Develop an action plan of specific programs and activities to ensure implementation

of the OHS policy with specific terms;

Government will publish an annual report on the program/activities of the

Government, owner’s organizations/associations and trade union/association include

in the national plan of action on the policy;

A permanent technical committee, comprise of representatives from the

Government, owners, workers and activist organization/agencies will be working on

occupational health and will be reviewing the national action plan finalizing the next

year plan;

Provide necessary support from national and international development partners for

implementing national plan of action;

Act as the spokesperson on behalf of the Government and OHS issues.

5. National OHS Policy Framework

The constitution of Bangladesh adapted on the November 4th 1972 recognizes productivity as a

basic need for economic development and covers the right to work and reasonable wages,

medicare and, disease and disablement. And thus it is assumed the health and safety of

industrial workers has been taken care of. The Occupational Health and Safety Services in

Bangladesh, is still in the developmental stage. In Bangladesh Occupational Health and Safety

generally refers mainly to needs of workers of industries or some manufacturing process but

does not completely cover all recognized occupations of the country.

Chapter – Two

Labor Law – 2006 (Amended in 2013)

Labor Law – 2006 (Amended in 2013)

1. Background

Bangladesh government approved the new Labour Act with considerable amendments to

boost worker rights, including the freedom to form trade unions, and improving occupational

health and safety condition at the industries. The new Labor Act – 2006 has introduced a

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good number of important items like retirement benefit, death benefit, appointment letter,

enhancement of compensation of both death and permanent disability, introduced of

provident fund, punishment for sexual harassment, workers safety, safety committees,

workers health centers, etc.

2. Objectives

To deal with the workers employed in the formal sectors;

To allow trade unionism in factories, ensuring safety measures for workers at

their workplace, introducing compulsory group insurance and stopping children to

be involved in hazardous works;

To include a central fund to improve living standards of workers;

To assure union members not to transfer labor unrest to another factory of the

same owner.

3. Scope of implementation

The scope of implementation of the Labor Act – 2006 partially includes certain employees and

workers of Government and educational establishment, seamen. The act also applies for

establishment for treatment or care of the sick, aged, destitute, mentally disable, orphan,

abandoned, child widow or deserted women who are not gaining profit or income.

This act is expedient to consolidate and amend the laws relating to employment of labour,

relations between workers and employers, determination of minimum wages, payment of wages

and compensation for injuries to workers, formation of trade unions, raising and settlement of

industrial disputes, health, safety, welfare and working conditions of workers, apprenticeship

and matters connected therewith.

4. Workers welfare issues

All the workers are accessible to receive first aid from the factory at the time

of working hour. A registered medical practitioner will examine adolescent

person and will give decision as to the fitness of that person;

All the workers are able to receive washing and bathing facility after using

chemicals;

All the workers are entitled to receive compensation after attack with any

disease at the time of professional work for the particular work and directly

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attribute to a specific injury by accident arising out of and in the course of his

employment.

5. Accident related issues

Declare the specific operation addressing hazardous;

Prohibit or restrict employment of women, adolescents or children in hazardous

operation;

Provide periodical medical examination of persons employed in dangerous

operation and prohibit employment of persons not certified as fit for such

employment;

Provide protection of all persons employed in the unsafe operation or in the

vicinity of the places where it is carried on and the use of any specified materials

or processes in connection with risky operation;

Notify specifying use and precautions regarding use of any corrosive chemicals

and to cause physical injury to any worker at any time immediately after it has

come to employer’s notice about dangerous building and machinery;

Inform about accidental issues causing loss of life or bodily injury, or when an

accidental explosion, ignition, outbreak of fire or irruption, outbreak of fire or

irruption of water or fumes occurs in an establishment;

Prevent and take precaution of any manufacturing process produces dust, gas,

fume or vapour of such character and to such extent as to be likely to explode on

ignition;

Take necessary steps for building, ways, machinery or plant that can used with

safety and at least one alternative connection stairway with each floor and such

means of escape in case of fire and firefighting apparatus, window, or other exit

affording means of escape in case of fire, other than the means of exit in ordinary

use and a free passage-way giving access to each means of escape in case of

fire;

Mark in Bangla and in red letters of adequate size or by some other effective and

clearly understood signs.

6. Women’s welfare and Gender issues

Separate and adequate screened facility for both male and female workers;

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Establish baby care or child care rooms with adequate accommodation, adequately

lighted and ventilated and maintained in a clean and sanitary condition and trained or

experienced woman will be in charge of the care of children and infants;

Notify or order of discharge, dismissal, removal or termination of employment to a

woman within a period of six month before and eight weeks after her delivery and

such notice or order is given without sufficient cause that can not deprive her rights

under this act;

Any pregnant woman is entitled to maternity benefit and gives notice either orally or

in writing to her employer that she expects to be confined within eight weeks next

following and can nominate a person for purposes of receiving payment of maternity

benefit in case of her death.

7. OHS issues

Clean and safe washing and bathing places;

Provide canteen facility as per Government rule in respect of construction,

accommodation, furniture and other equipment;

Establish adequate and suitable shelters or rest rooms for lunch room, provision of

drinking water, eat meals brought by home, prayer rooms;

Provide recreational facilities for the workers and their children as may be

prescribed;

Notify all workers about using personal protection equipment, such as protection of

eye, hand, feet, body, mouth, protection form fire, etc..

8. Inspection

Notify to the employers and workers regarding any matter, thing or practice in or

connected with the establishment or with the control, management or direction on

dangerous to human life or safety or defective to the bodily injury of any person

or establishment;

State in the notice about the particular considered establishment, or part of the

matter, thing or practice, dangerous or defective and require remedy within time

and manner;

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Chapter – Three

Aims, Roles and responsibilities of OHS development agencies

Aims, Roles and Responsibilities of ILO, Accord, Alliance

A. Aims of ILO conventions

o The aim of the policy of the convention C155 is to prevent occupational

accidents and injury to health and illnesses by identification and minimizing the

causes of hazards in the working environment.

o The aim of the convention C161 is to establish and maintain a safe and healthy

working environment which will facilitate optimal physical and mental health in

relation to work. Although in Bangladesh this convention does not ratify but

recommendations and practices through existing rules and regulations are exists.

o Factory Act - 1965 and Factory Rules - 1979 and in some other laws and

regulations relatable to OHS are present. Qualitative inspections regarding safety

and health in the working place is possible but it could not be monitored in terms

of quantitative standard values and permissible limits.

o For refinement of the ILO act the motivation of all the parties - policymakers,

employers and employees are required.

o These laws have provisions on occupational hygiene, occupational diseases,

industrial accidents, protection of women and young persons in dangerous

occupations and also cover conditions of work, working hours, welfare facilities,

holidays, leave etc. But most of the laws are lacking in standard values and not

specific rather general in nature.

B. Roles and Responsibilities of ILO

Sales and Marketing – International Labor Organization has own vision and

strategic plan to interact and innovate goals of Center for recruitment. It

manages the developmental plan of Center Marketing of the company. It

introduces the senior leadership team and to determine and market the

Center’s “value proposition” for membership in the IAB and IAB’s periodically

survey determine perceive and desire “value receive”.

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Communications and IAB Relationships – International Labor

Organization has planned to arrange and manage IAB meetings, seminars,

research reviews, workshops and other gatherings involving the IAB and

Center PIs, research scientists, students and staffs. It manages/or facilitates

IAB communication mechanisms such as newsletters, video seminars,

surveys, marketing materials, research summaries. It serves as the primary

source of contact with IAB members so that overloaded PIs can concentrate

on research and serves as the internal advocate for industry interests in the

ERC).

Career Development and Entrepreneurial Activity – International Labor

Organization manages and/or delivers training (especially to students) in

areas that support or stimulate entrepreneurial activities. It establishes

relationships with and support involvement with small business development

and entrepreneurial support organizations as well as venture capitalists to

support the creation of new business based on Center technology, Partner

with the Center’s Education Director in promoting industry/student

interactions.

Business Management – The most important work of ILO is to manage

memberships – including collecting annual fees and to make the Center PIs

aware of industry related grant solicitations and, if the Center pursues a

solicitation, assist in the proposal generation. It helps to create the Center’s

conflict of interest policy and monitor its implementation and use.

C. Roles and responsibilities of Accord

(A binding agreement between companies and unions, governed jointly)

Coordinate their (70 fashion and retail brands sourcing RMG from

Bangladesh) effort to help improve safety in Bangladesh’s factories which

supply them for Fire and Building Safety;

Bring tangible change on the ground and help make the Bangladeshi garment

industry safe and sustainable;

Renovate all unsafe factories and repair with brands guaranteeing funds for

the necessary safety upgrade;

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Under the Accord, the right of workers to refuse dangerous work, including

the right to refuse to enter a dangerous building, is protected;

Make available all report of factory inspections to worker representatives and

notify right away of any imminent safety threats;

Make all factory reports are being renovated as agreed.

D. Roles and responsibilities of Alliance

(Bangladesh Worker Safety Initiative from leading retailers of North America,

developed Through Independent Facilitation of Senators Mitchell and Snowe)

The engagement of and partnership with the Bangladeshi and U.S.

governments, as well as with the factory owners to ensure that there is

accountability among all parties and thus the opportunity for sustained and

lasting change in Bangladesh;

The initiative calls for inspections of 100 percent of alliance member factories

within the first year; common safety standards to be developed within the

next three months; inspections results that are transparently shared; and that

all alliance factories actively support the democratic election and successful

operation of Worker Participation Committees (WPC) at each factory.

Chapter – Four

Review: Literature (related to OHS)

1. Introduction

The occupational health and safety service in Bangladesh is still in the developmental stage.

The occupational health & safety refers mainly to needs of workers of industries or some

manufacturing processes but does not completely cover all occupations of the country. The

main laws related to occupational health & safety in this country is the Factory Act 1965 and the

Factory Rule of 1979. There are a number of other laws and regulations that are also have

some provisions related to occupational health and safety. These laws have provisions on

occupational hygiene, occupational diseases, industrial accidents, protection of women and

young persons in dangerous occupations and also cover conditions of work, working hours,

welfare facilities, holidays, leave etc.

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2. Key Issues on OHS

In terms of working conditions, issues regarding the noise level are not stated in the Bangladesh

Labor Law 2006 or the Joint Initiative on Corporate Accountability and Workers Rights (Jo-In)

Code but the Bangladesh Environment Acts clearly define the exact level noise that factories

must adhere to. Besides the noise issue, all the other working condition requirements of the

general codes of conduct are fully covered in the Bangladesh Labor Law - 2006. The welfare

and safety requirements of the general codes of conduct are also fully covered by the

Bangladesh Labor Law - 2006. The Bangladesh Labor Law - 2006 states very specific

requirements regarding the safety aspects. For example, there must be one fire extinguisher for

every 1000 square feet of space. The health and safety management is not covered by the

Bangladesh Labor Law 2006. Ethical Trading Initiatives (ETI) and Worldwide Responsible

Apparel Production (WRAP) also do not cover the OHS management system requirements and

the Fair Wear Foundation (FWF) does not state that there must be an OHS management

representative. Management systems are usually additional requirements by some brands and

retailers. Regular health and safety training is not mentioned in the Bangladesh Labor Law -

2006 directly whereas it is thoroughly covered in the general codes of conduct. The Bangladesh

Labor Law - 2006 states some safety training requirements. Regarding fire safety issues, if a

factory has more than 10 workers on any floor beyond the ground level, a training of means of

escape in case of a fire, is required. Also, if a factory has more than 50 employees, a fire drill

once a year in mandatory and every 6 months is recommended.

3. Present status on OHS

The main laws related to occupational health & safety in this country is the Factory Act 1965

and the Factory Rule of 1979. There are a number of other laws and regulations that are also

have some provisions related to occupational health and safety. These laws have provisions on

occupational hygiene, occupational diseases, industrial accidents, protection of women and

young persons in dangerous occupations and also cover conditions of work, working hours,

welfare facilities, holidays, leave etc. In Bangladesh Occupational Health and Safety generally

refers mainly to needs of workers of industries or some manufacturing process but does not

completely cover all recognized occupations of the country.

4. Analysis

The Bangladesh Labor Law 2006 is a strong piece of legislation which covers majority of the

International standards. In Bangladesh, the Government has some kind of occupational health

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care services and safety standards. Occupational health services are provided as benefits by

employers and generally are separate from other community health services. In the developing

countries, many of which are undergoing rapid industrialization, the importance of occupational

health is increasingly realized. It is of concern that in Bangladesh, like other developing

countries pre-existing malnutrition and a high incidence of infectious disease, however,

frequently compound the problems of exposure to occupational hazards.

In Bangladesh the occupational health & safety services is not well organized. Different

ministries such as railway, port and shipping, jute, textile etc. operate the occupational health

care program through various departments and directorates. It is the legal obligation of the

employers to provide Medicare in case deterioration of health or injuries results in from

exposure to agents related to work situation. Medical officers have been employed by various

agencies in accordance with section 44 of Factories Act 1965, which is obligatory for those

factories having 500 or more workers. The labor laws in Bangladesh have been framed which

requires employers to undertake corrective measures on occupational safety and health. Lack

of awareness, training, non-compliances of the OSH standards by the employers, the negative

involvement of the workers could not achieve the goal of providing safety and health to the

workers as intended by the laws.

5. Planning for media campaign on OHS and recommendations

Key areas Broad Indicators Specific Legal Indicators (Select Indicators)

Occupational Safety and Health

Occupational accidents, Hazards and Diseases

Accident prevention regulations, prevention from workplace hazards, safeguards against work-related diseases

Safety Equipments/Tools and Facilities

Fire extinguisher & emergency fire exit, protective kits, helmets, shoes etc.), safety measures

WorkplaceEnvironment

Cleanliness, noise, temperature, ventilation, lighting, fumes, working space, drinking water, segregated toilet/washroom

WelfareandSocialProtection

General WelfareProvisions

First-aid appliances, health care & information, canteen, restrooms, accommodation, maternity benefits, etc.

Social SecurityProvisions

Pension, provident fund, gratuity, welfare fund, insurance (accident, life, etc.), compensation (injuries, disabilities), etc.

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The non-compliance of the labour legislations relates to non-compliances of the ILO

conventions. Therefore, non-compliances or non-implementations of labour laws have short-

term and long-term effect on the economy of Bangladesh. Therefore, the lack of

implementations of legal provision i.e. the non-compliances of the ILO conventions in the work

places not only cause loss of the workers, it causes a huge loss to the employers and the nation

as a whole.

6. Recommendations Occupational Health and Safety management should be encouraged;

Expand OSH and OHS programs to all occupations;

Broaden coverage of OSH to coverall occupations;

Develop and strengthen institutional capacity to provide education and training related to

OSH and OHS;

Disseminate more OSH and OHS information;

Introduce interim incentives for adopting and implementing OSH programs;

Control of elements hazardous to health like dusts, gases, fumes, etc. associated with

particular operations.

Arrange periodical medical examination for persons engaged in hazardous operations.

(OSH – Occupational Safety and Hazards and OHS – Occupational Health and Safety)

Chapter – Five

References

References

A. Articles

1. A Handbook on Labor Law – 2006, Published by Bangladesh Employer’s Federation,

August – 2009

2. The role of the ILO in implementing local economic development strategies in a

globalized world, Andrés Rodríguez-Pose, Department of Geography and Environment

LSE, Houghton Street, London WC2A 2AE, email: a.rodriguez-pose@lse.ac.uk, London,

31 December 2001

3. Analysis: Current and Pending Labour Legislation of Bangladesh, By A. K. M. Nasim, Sr.

Counselor, The Solidarity Center, Date: June 12, 2013

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4. Amended Bangladesh Labour Act 2013 under criticism, Submitted by Hisham Bin

Mustafa, The Financial Express, 22/07/2013

5. Bangladesh Labor Laws (Amendment) 2013: Implication on Shrimp Processing Sector

6. BANGLADESH LABOUR LAW: Reform DIRECTIONS, Study conducted by: Jakir

Hossain, Mostafiz Ahmed, Afroza Akter, in association with, BILS Research and

Advisory Team, November 2010

7. Working Paper No – 6, A COMPARATIVE ANALYSIS BETWEEN THE BANGLADESH

LABOR LAW 2006 AND 7GENERAL CODES OF CONDUCT By Ameena Chowdhury,

Hanna Denecke, Dhaka, October 21, 2007 (PROGRESS (promotion of social,

environmental and production standards in the ready-made garment sector) is a joint

program of the Bangladesh Ministry of Commerce and the German Federal Ministry of

Economic Cooperation and Development (BMZ), implemented by GTZ

8. Price Blood and Sweat, Garment Workers Safety in Bangladesh, Prepared by – Nishat

Farzana, Class Roll: RK-19, BSS 5th Batch, Department of Development Studies,

University of Dhaka, Submission date – 10 October, 2013

B. Law and Policy

1. National Occupational Health and Safety Policy – 2013, Gazette Published in

November 5, 2013

2. Labor Law – 2006, Amendment in 2013,

C. Websites

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