Safety of construction workers at a crossroads
On January 15, the Appellate Division of the Supreme Court of Bangladesh directed the trial court to dispose of the murder case filed by police in connection with the collapse of Rana Plaza, which killed over 1,000 garment workers in 2013, within six months. No doubt, this is an excellent and well-timed decision by our apex court. But whenever I come across any news on the Rana Plaza catastrophe, two things come to mind. Firstly, even after over a decade, we are still facing difficulties in prosecuting those who caused this collapse. The second thing is the ugly reality that hides beneath Bangladesh's development in the building construction industry. For today, let us put off the first and address the second.
We all know that the construction industry in Bangladesh has seen remarkable growth, significantly boosting the country's GDP and providing jobs to millions. Beneath this huge advancement, however, the construction industry is also home to an incredible amount of fatalities and accidents. The Bangladesh Workplace Death Reports from the Safety and Rights Society highlight that, from 2017 to 2021, over 700 deaths of construction workers occurred, predominantly caused by preventable accidents like falls, electrocution, and suffocation.
Despite the high number of fatalities, the construction sector's safety issues often remain overshadowed by similar concerns in other sectors such as transportation and manufacturing. This neglect is partially due to a lack of public awareness about the scale of the problem, and a casual, perhaps callous, attitude towards safety measures in the industry. The available data highlights a clear demand for better enforcement of existing laws that are designed to safeguard the rights of construction workers. Despite there being strong legal foundations—including the Bangladesh Labour Act, 2006 (BLA) and the Bangladesh National Building Code, 2020 (BNBC)—there are significant obstacles hindering the effective implementation of the laws.
Let us start with the BLA, which was created to protect workers' rights and well-being. It replaced the Factories Act, 1965 and 24 other labour laws, covering various industries, including construction. However, a closer look reveals a significant oversight, as the chapters relevant to health, safety, and welfare (Chapters 5 to 8) largely replicate those of the repealed Factories Act. As a result, the majority of these provisions, while well-suited for factories, are ill-suited to address the specific challenges faced by workers on the construction site.
The Department of Inspection for Factories and Establishments (DIFE) is responsible for enforcing the BLA, excluding Chapters 13 and 14. As outlined in the BLA, the DIFE serves as the national labour inspectorate. However, the Department has generally not taken proactive measures in enforcing the BLA to ensure the safety of construction workers. In large part due to a shortage of personnel, regular inspections at construction sites have been neglected. Despite the increasing demand from various industries, the DIFE faces a resource shortage, hindering its ability to carry out its duties effectively.
Additionally, the statutory compensation scheme for injured workers is shockingly inadequate. The minimum compensation amounts provided here—Tk 2 lakh for a death and Tk 2.5 lakh for permanent disability—fail to address the actual impact on workers and their families. In light of the ongoing economic crisis, urgent reforms are imperative to ensure just and fair compensation for those risking their lives in the workplace. The Bangladesh Labour Rules, 2015 (BLR) outline procedures for implementing the BLA but, disappointingly, they offer limited guidance on the safety of construction workers. While Rule 75 mentions adherence to safety provisions during construction, the BLR lacks specific details on ensuring the well-being of construction workers.
In contradiction to the BLA's shortcomings, the Bangladesh National Building Code (BNBC) may serve as a crucial legal instrument for ensuring construction site safety. Originating in 1993, the BNBC gained legal footing in 2006 with the inclusion of Section 18(A) in the Building Construction Act, 1952. However, challenges persist in implementing the BNBC effectively. The Code places responsibility on construction site authorities to ensure workers' safety and delineates specific obligations in its chapters. Notably, the BNBC provides for the establishment of the Bangladesh Building Regulatory Authority (BBRA), a body crucial for its enforcement. Yet, the failure to establish the BBRA to date and assign resources has impeded effective implementation.
A pivotal challenge lies in the reluctance of the government to create the BBRA, leading to a lack of enforcement of BNBC safety measures. In 2008, legal actions were initiated by Bangladesh Legal Aid and Services Trust (BLAST), the Bangladesh Occupational Safety Health and Environment Foundation (OSHE), and the Safety and Rights Society (SRS) through public interest litigation in the High Court Division of the Supreme Court. The HC issued directives, including the establishment of a code enforcement agency within one year and compliance with safety provisions of the Code.
The government's lacklustre response to legal actions led to a contempt petition in 2013, culminating in the issuance of a contempt rule upon the Ministry of Labour, Ministry of Housing and Public Works, and the Ministry of Industries by the High Court. Following the contempt rule, the concerned ministries assigned interim code enforcement agencies (such as the Local Government Division, Rajdhani Unnayan Kartripakkha, Chittagong Development Authority, Rajshahi Development Authority, and Khulna Development Authority) to apply the Code until the BBRA is formed. However, this interim implementation only partially followed the directions, leading to the current significant hurdles. Interim code enforcement agencies, including Rajuk, encounter challenges due to an overload of existing responsibilities and a shortage of personnel. Despite the court's insistence on regular progress reports, the government has not taken sufficient steps, resulting in a lackadaisical enforcement of provisions outlined in the BNBC.
The safety of construction workers in Bangladesh is at a crossroads. While legal frameworks exist, the inadequacies in the BLA and the challenges in implementing the BNBC highlight a dire need for comprehensive reforms.
The government must prioritise the establishment of the BBRA, providing it with the necessary resources and personnel to enforce safety measures effectively. The judiciary's role in pushing for compliance is commendable, nevertheless, constant efforts are required to bridge the gap between legislation and implementation. Regular progress reports and a genuine commitment from the government are vital to ensure the safety and well-being of Bangladesh's construction workers. The construction industry is a keystone of development, and protecting the lives of its workers is not just a legal obligation but a moral imperative. It is time for a collective effort from all stakeholders, including the government, legal bodies, and civil society, to create a safer and more secure environment for those who build the structure of this nation.
Fahad Bin Siddique is research officer at Bangladesh Legal Aid and Services Trust (BLAST).
Views expressed in this article are the author's own.
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