Law Regarding Welfare Measures

Legal Provision Regarding Under Labor Law

The purpose of welfare facilities is to build up from the bottom, to control work for people so as to enable them to give their best and to train them to understand their obligation and responsibilities. The Factories Act, 1965, the Plantation Labors Ordinance, 1963, the Mines Act, 1923, the Dock Labors Act, 1934 dealt with the problem of welfare of the industrial workers in the environment of factories, plantation and mines before the legislation of the Bangladesh Labor Act, 2006. Information relating to certain welfare facilities, such as canteen, crèches and rest-shelters for industrial workers, is gradually becoming available, at any rate, in respect of factory workers, as the use of new forms prescribed under the Bangladesh Labor Act, 2006 is being enforced. This Act ensures all welfare facilities including first-aid appliance, washing facilities, canteen facilities, shelter or rest rooms and suitable launce room facilities, rooms for children, recreational and educational facilities and house building facilities for daily necessities in tea estate, medical care for newspaper employees and compulsory group insurance.


First-Aid Appliances

Section 89 of the Act ensures for provision of medical facilities for the workers. The section clearly lays down that—

There shall, in every establishment be provided and maintained, so as to be readily accessible during the working hours, first-aid boxes or almirahs equipped with the prescribed contents.

The number of such boxes or almirah shall not be less than one for every fifty workers ordinarily employed in the establishment.

All such boxes and almirahs shall be kept in charge of a responsible person who is trained in first-aid treatment and who shall always be available during the working hours of the establishment.

A notice shall be affixed in every work-room stating the name of person in charge of the first-aid box or almirah provided in respect of that room and such person shall wear a badge so as to facilitate identification.

In every establishment wherein three hundred or more workers are employed, there shall be provided and maintained and ambulance room or dispensary of the prescribed size containing the prescribed equipment or similar facilities, in the charge of such medical and nursing staff as may be prescribed.

The first-aid boxes or cup-board shall be distinctively marked with a red cross on a white ground and shall contain the following equipment—

For factories in which the number of persons employed does not exceed ten or in the case of factories in which mechanical power is not used does not exceed fifty persons, each first-aid box or cupboard shall contain the following equipment-

6 small sterilized dressings,

3 medium size sterilized dressings,

3 large size sterilized dressings,

3 large size sterilized burn dressings,

1 (1 oz.)bottle containing a 2percent alcoholic solution of iodine,

1 (1 oz.) bottle containing rectified spirit,

One pair of scissors,

One copy of first-aid leaflet,

Analgesic tablets, ointment for burns and suitable surgical antiseptic solutions



For factories in which mechanical power is used and in which the number of persons employed exceeds ten but does not exceed fifty, each first-aid box or cup-board shall contain the following equipment-

12 small sterilized dressings,

6 medium size sterilized dressings,

6 large size sterilized dressings,

6 large size sterilized burn dressings,

6 (½ oz.)packets of sterilized cotton wool,

1 (2 oz.)bottle containing a 2percent alcoholic solution of iodine,

1(2 oz.) bottle containing rectified spirit,

1 roll of adhesive plaster,

Tourniquet,

One pair of scissors,

One copy of first-aid leaflet,

Analgesic tablets, ointment for burns and suitable surgical antiseptic solutions.


For factories employing more than fifty persons, such first-aid box or cup-board shall contain the following equipment-

24 small sterilized dressings

12 medium size sterilized dressings,

12 large size sterilized dressings,

12large size sterilized burn dressings

12 (½ oz.)packets of sterilized cotton wool,

Tourniquet,

1 (4 oz.)bottle containing a 2percent alcoholic solution of iodine,

One pair of scissors,

1(4 oz.) bottle containing rectified spirit,

One copy of first-aid leaflet,

12 ( 4 inch wide) roller bandages,

12 ( 2 inch wide) roller bandages,

2 rolls of adhesive plaster,

6 triangular bandages,

2 packets of safety bandages,

2 packets of safety pins,

A supply of suitable splints, and

Analgesic tablets, ointment for burns and suitable surgical antiseptic solutions


Maintenance of Safety Record Book

Section 90 of the Bangladesh Labor Act provides that a compulsory safety record book and safety board as prescribed by rules shall be provided and maintained where more than 25 workers works in every establishment. To maintain Safety Record Book is the new provision for the management of welfare facilities.

Washing Facilities

The Bangladesh Labor Act, 2006 has mentioned regulation regarding enough washing facilities.

According to section 91(i) in every establishment-s

Adequate and suitable facilities for washing and bathing shall be provided and maintained for the use of the workers therein.

Separate and adequately screened facilities shall be provided for the use of male and female workers; and

Such facilities shall be conveniently accessible and shall be kept clean.

(ii) The Government may, in respect of any establishment, prescribe standards of adequate and suitable facilities for washing.

Canteens

Section 92 of the Act provides that—

(1) An adequate canteen shall be provided for the use of workers in any establishment wherein more than one hundred workers are ordinarily employed.

(2) The Government may, by rule, provide for – The standards in respect of construction, accommodation, furniture and other equipment of the canteen. The constitution of a managing committee for the canteen and representation of the workers in the management of the canteen,

(3) The managing committee shall determine the type of foodstuff to be served therein the charges, which may be made
therefore.

Shelters or Rest Room and Launch Room

Section 93 of the Act states that-

(1) In every establishment wherein more than fifty workers are ordinarily employed, adequate and suitable shelters or rest rooms, and a suitable lunch room with provision for drinking water where workers can eat meals brought by them, shall be provided and maintained foe the use of the workers:

Provided that any canteen maintained in accordance with the provisions of section 92 shall be regarded as part of the requirements of this sub-section.

Provided further that where lunch room exists, no workers shall eat any food in the work room.

(2) The shelters, rest rooms or lunch rooms provided under subsection (1) shall be sufficiently lighted and ventilated and shall be maintained in a cool and clean condition.

(3) In every establishment wherein more than 25 women workers are employed, separate rest rooms shall be provided for male and female workers and where less than 25 female workers work, the portion of the rest room for female workers shall be separated by a curtain.

Rooms for Children

Establishments employing 40 or more women are required to maintained crèches for the use of children below 6. Section 94 of the Bangladesh Labor Act stipulates the following provisions regarding crèches for any establishment:

In every establishment, wherein more than forty women workers are ordinarily employed, there shall be provided and maintained a suitable room or rooms for the use of children under the age of six years of such women.

Such rooms shall provide adequate accommodation, be adequately lighted and ventilated and maintained in a clean and sanitary condition, and shall be under the charge of women trained or experienced in the care of children and infants.

Such rooms shall be conveniently accessible to the mothers of the children accommodation therein and so far as is reasonably practicable it shall not be situated in close proximity to any part of the factory where obnoxious fumes, dust or odious are given off or in which excessively noisy processes are carried on.

Such rooms shall be soundly constructed and all the walls and roof shall be of suitable heat resisting materials and shall be water proof.

The height of such rooms shall not be less than 300 centimeter from the floor to the lowest part of the roof and there shall be not less then 600 centimeter of floor area for each child to be accommodated.

Effective and suitable provisions shall be made in every part of such rooms for securing and maintaining adequate ventilation by the circulation of fresh air.

Such rooms shall be adequately furnished and quipped and in particular there shall be one suitable cot or cradle with the necessary bedding for each child, at least one chair or equivalent seating accommodation for the use of each mother while she is feeding or attending to her child and a sufficient supply of suitable toys for the older children.

A suitable fenced and shady open air play-ground shall be provided for the older children.


Introduction to Compulsory Group Insurance


Section 99 of Labor Act ensures that the Government shall by rules introduce provision of group insurance for those establishments where at least 200 workers work.