Safety, Health & Hygiene, Welfare, Working Hours and Leaves and Holidays of Factory Workers

Amendments and Implementation - based on the study of Aqua Paints, Bangladesh

Prepared for: Shakil Huda Professor, Institute of Business Administration Course Instructor, L201 Legal Environment of Business

Prepared by: Wasifa Rahnuma Islam RQ 84 Radiyah M. Salim RQ 92 Tanveer Kabir ZR 102 BBA 18 (Section B)

Institute of Business Administration University of Dhaka September 29, 2011

Letter Of Transmittal
SEPTEMBER 29, 2011 Shakil Huda Course Instructor, Legal Environment of Business Institute of Business Administration (IBA) University of Dhaka

Subject: Submission of the report on Safety, Health & Hygiene and Welfare of Factory Workers

Dear Sir, We are pleased to present to you this report as a partial requirement for the Legal Environment of Business course. This report has been prepared based on chapters V, VI, VIII and IX of the Bangladesh Labor Act, 2006 and the amendments that have occurred with respect to the Factories Act of 1965. This is also a study analyzing the extent to which Aqua Paints, a leading paint manufacturer in our country operating in the Tongi area, abides by the health, safety, welfare, working hours and leaves and holidays regulations stated in the Bangladesh Labor Act, 2006. We would like to mention that we carried out this entire report under your supervision and that this report has not been formerly presented in IBA to the best of our knowledge. We also pledge that no part of this report may be reproduced today or in the future without your express written permission. We would like to express our deep gratitude to you for giving us this opportunity to gain an insight into the practice of many of the labour laws in Bangladesh. Working on this report has been an interesting and informative experience for us and we hope that our work will meet the level of your expectations. We will be available at your disposal for any further queries.

Yours sincerely, Wasifa Rahnuma Islam RQ 84 Radiyah M. Salim RQ 92 Tanveer Kabir ZR 102

TABLE OF CONTENTS
Executive Summary.4 1. Introduction...6 1.1 Origin of the Report.6 1.2 Objectives of the Report.6 1.3 Scope of the Report....6 1.4 Methodology.....7 1.5 Limitations of the Report.....7 2. Overview of the Company..8 3. Health and Hygiene Regulations.10 4. Safety Regulations..16 5. Welfare Regulations26 6. Working Hours Regulations..28 7. Leaves and Holidays...30 8. Conclusion: Findings and Analysis....31 References...........................................................................

EXECUTIVE SUMMARY
Factories Act 1965 (Act XXV of 1934) adopted with the objective of regulating the appointment of workers, their wages and the working conditions in factories, including health and hygiene, safety, welfare, working hours, leave and holidays, and punishments and penalties for both the owners and workers for non-compliance of the requirements. East Pakistan Factories Act 1965 was published in the Dhaka Gazette Extraordinary in September 1965. The government of Bangladesh adopted the Act and declared it enforceable throughout the country. It has 11 chapters and 116 main sections. In this report, we will be focusing on certain portions of the act which deals with the health, safety and welfare of the workers covered in chapters III, IV and V. However, its contents had been included in the Bangladesh Labour Act 2006.This research is according to the laws presented in the Bangladesh Labour Act 2006. THE BANGLADESH LABOUR ACT, 2006 (XLII OF 2006)

An Act to consolidate and amend the laws relating to employment of labour, relations between workers and employers, determination of minimum wage, 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, and apprenticeship and matters ancillary thereto. Whereas it 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.

The chapters that we will be covering are:

CHAPTER V HEALTH AND HYGIENE

According to this chapter of the new Act, every factory is to be maintained clean and free from effluvia arising from any drain, privy or other nuisance. Effective arrangements are to be made in every factory for the disposal of wastes and effluents, prevention of accumulation of dust and fume, and proper maintenance and ventilation of room temperature.

CHAPTER VI SAFETY

Chapter VI requires that factory must ensure adequate fire safety measures, appropriate means of escaping in case of fire, and protection against dangerous and accident-prone parts of machinery, electric and mechanical devices, self-acting machines, etc. Workers are to be given proper training before they are employed on dangerous machines. Controlling appliances of cranes and other lifting machines, hoists and lifts must be of good construction, sound material and adequate strength. Other sources of danger such as pits, sumps and openings in floor should be securely covered or fenced and effective screens or suitable goggles should be provided to workers to protect their eyes.

CHAPTER VIII WELFARE

The sections under Chapter VIII (Welfare) demand that every factory is to have adequate and suitable facilities for washing and bathing and provide first-aid medicines and appliances. Canteens and rooms for children should also be maintained. CHAPTER IX WORKING HOURS AND LEAVES The chapter deals with the required number of hours an adult is to work at the factory. It states the number of daily hours and the weekly hours to work. The workers are also given intervals for rests and meals. It also deals with the spread over hours.

1.0 INTRODUCTION
Paint Industry: While we sometimes don't think of it as a large market, there appears to be a paint industry renaissance of sorts afoot in Bangladesh. Berger and Indian juggernaut Asian Paints trade there, and some 38 small and medium size companies are engaged in paint production in Bangladesh. The total Bangladesh paint market is estimated to be over 50,000 tons valued at around Tk 450 crore. Per capita paint consumption is around 250gm. A regional paint company official said low per capita consumption of paints, vast potential to upgrade the market, limited product range, increasing urbanization and consistent GDP growth (around 5-6 percent,) have made the Bangladeshi paint industry a promising area for investment. With rising demand, other local players such as Aqua, Romana, Roxy, Al Karim and Aqua Paints, are also forming their marketing strategies to increase market share by introducing new products and promotional offers.

1.1 Origin of the Report

The study has been undertaken as a term paper for a partial fulfillment on the Legal Environment of Business (Course Code L201). The course is instructed by Mr. Shakil Huda, Professor, IBA, University of Dhaka. We had been assigned this term paper by our instructor to be submitted on the 29th September, 2011

1.2 Objective of the Report

1. Our primary objective of this research is to analyze the practices regarding the provision of health, safety and welfare of the workers, and the provided working hours, leaves and holidays covered in the Bangladesh Labour Act 2006 in Chapters V, VI, VIII, 2. The secondary objective being how the company is improving its present employees conditions, and the measures taken to maintain the quality of the products and the byproducts regarding environmental issues.

1.3 Scope of the Report

The research is done on the concern of the laws protecting the workers from being exploited, their health and safety issues, and their employment and welfare. The paper covers the grounds of this research through interviews with the management of a one particular company in the paint industry, Aqua Paints and a tour of the factory.

1.4 Limitations of the Report

Limitations involved in conducting the research came from the inability to visit the whole of the factory at Tongi. We were not given the permission of observe the operations at the MTT manufacture. Due to the confidentiality issue of the company, some aspects were kept concealed. The information collected for this paper is fully based on what was provided by the management of Aqua Paints in the interview. The validity of the information provided could not be supported by any factory workers. Other aspects to be taken into account are our limited knowledge on factory laws and technology used into the manufacture of paint.

1.5 Methodology
The objective of our report is to investigate the working conditions of the factory workers. In the process, we were helped by Arun Mitra- Factory manager and Liaquat Ali - Asst. Manager, Administration and Compliance to us conduct our study. The sources of information are: PRIMARY SOURCES

Structured and unstructured interview with Arun Mitra- Factory manager and Liaquat Ali - Asst. Manager, Administration and Compliance A tour of the factory grounds

SECONDARY SOURCES:

Books Internet Some documents provided by the officials of Aqua Paints

2.0 COMPANY OVERVIEW

Octagon Fibres & Chemicals Limited (OFCL), formed in 2001, is a leader in the chemicals and paints industry of Bangladesh. OFCL, a 100% Bangladeshi company, employs 115 people in its Head Office and in factory situated at Tongi, Gazipur. A variety of world-class chemicals, polymers and paints are produced by OFCL using the best raw materials sourced from around the world. Aqua Paints, the flagship company within OFCL, is in the forefront of the paints industry of Bangladesh with innovation, efficient distribution, and a dedicated sales and customer service team. Aqua Paints is producing a wide range of paints and coating for building material and for different industrial need. The company is also manufacturing paints for tennis courts and industrial purposes. Thus Aqua is manufacturing paints from economic to high performance type to meet the demand of the users with every satisfaction. Aqua Paints operates in three broad segments of the paint industry and they are as follows:

INTERIOR PRODUCTS:

Top Coat Primers Textured Finish Floor Paints

This business category mainly targets household segment and products are being offered to the consumers through a dealer network. Paints for buildings or decorative paint products fulfill the aesthetic value of the consumers. Almost 80 to 85 percent of the products are for decorative use and that can be used for interior or exterior purpose. Decorative paints are paints for buildings that protect the buildings from corrosion, wear, decay and some other factors that affect the endurance and enhance the beautification of the wall. Major revenue of Aqua Paints comes from this particular business area. Premium emulsions, regular acrylic emulsions, distempers, first quality enamels, exterior finishes, textured finishes - Aqua , the premier paint company of Bangladesh, has leading brands in all these categories.
EXTERIOR PRODUCTS:

Top Coat Primers Roofing Compounds Tennis Court Paint Silicon Water Repellent Anti Fungal Solution Road Marking Paste

Products In this sector are subjected to various types of pollution. These paints give protection to the surfaces in extreme situations like severe hazardous environment, high temperature, movement of heavy materials and machinery etc. tennis court paint and the roofing compounds are the latest additions. Aqua Roofing Compound is a elastomeric one-pack premium quality pure Acrylic Resin based roof coating. It provides a highly flexible water proof coating with excellent weather resistance. It seals hairline cracks, stop seepage and form an impermeable film which gives long life flexibility. It reduces room temperature by reflecting light. It is almost odorless and easy to apply. Aqua Tennis Court paint is specially formulated first time in Bangladesh to create a nonslippery (Anti Skidding) surface when used for Tennis court. It dries quickly providing a flexible film, ensuring higher durability and a long lasting surface.

INDUSTRIAL COATINGS

Top Coat

Primers Floor Mosaic Industrial equipment and machineries need special treatment because they are subject to various types of pollution and they are one of most expensive part of an industry. Industrial Paints are those paints that protect the industry accordance to different industrial requirement and protect it from aggressive industrial pollution. Industrial paints give protection to the surfaces in extreme situations like severe hazardous environment, high temperature, movement of heavy materials and machinery etc. These paints are basically tailor made products to cater to the specific needs of customers. Aqua follows the direct marketing approach to promote the Industrial Coatings. Main customer groups of Aqua industrial paints are garments factories, chemical Plants, fertilizer manufacturing plants, consumer goods manufacturing Plants etc.

3.0 Health & Hygiene Regulations

Previously chapter III of the Factories Act, 1965 dealt with the health & hygiene regulations of workers in a factory. There were 10 sections in this chapter. These 10 sections are now found in Chapter V of the Bangladesh Labour Act 2006. The 10 sections are:

51. Cleanliness 52. Ventilation and temperature 53. Dust and fume

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54. Disposal of wastes and effluents 55. Artificial humidification 56. Overcrowding 57. Lighting 58. Drinking Water 59. Latrines and urinals 60. Dust bin and Spittoon

Section 51 of the Bangladesh Labor Law 2006 states: (a) Accumulation of dirt and refuge shall be removed daily by sweeping or by any other effective method from the floors and benches of work-rooms and from staircases and passage and disposed of in a suitable manner; (b) The floor of every work-room shall be cleaned at least once in every week by washing, using disinfectant where necessary or by some other effective method; (c) Where the floor is liable to become wet in the course of any manufacturing process to such extent as is capable of being drained, effective means of drainage shall be provided and maintained; (d) All inside walls and partitions, all ceilings, or tops of rooms, and walls, side and tops or passages an staircases shall(i) Where they are painted or varnished, be repainted or re varnished at least once in every three years, (ii) Where they are painted or varnished and have smooth imperious surface, be cleaned at least once in every fourteenth months, by such methods as may be prescribed, (iii) in any other case, be kept white-washed or color-washed and the whitewashing or color-washing shall be carried out at least once in every fourteen months; and (iv) The date on which the processes required by clause (d) are carried out shall be entered in the prescribed register.

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(e) The date on which the processes required by clause (d) are carried out shall be entered in the prescribed register. Implementation A very high level of cleanliness and hygiene is maintained in all manufacturing units. They have hired cleaners from professional industrial cleaning services who ensure that all the factory premises are swept daily and the floors cleaned with disinfectant to maintain cleanliness.

52. Ventilation and temperature: (1) Effective and suitable provisions shall be made in every establishment for securing and maintaining in every work-room adequate ventilation by the circulation of fresh air; (2) Such temperature as will secure to workers therein reasonable conditions of comfort and prevent injury to health. (3) The walls and roofs, as required by sub-section (2), shall be of such material and so designed that such temperature shall not be exceeded but kept as low as practicable; (4) Where the nature of the work carried on in the establishment involves, or is likely to involve, the production of excessively high temperature, such adequate measures as are practicable, shall be taken to protect the workers there from by separating the process which produces such temperature from the work-room by insulation the hot parts or by other effective means. (5) If it appears to the government that in any establishment or class or description of establishments excessively high temperature can be reduced by such methods as white-washing, spraying or insulating and screening outside walls or roofs or windows or by raising the level of the roof, or by insulating the roof either by an air space and double roof or by the use of insulating roof materials, or by other methods, it may prescribe such of those or those or other methods to be adopted in the establishment.

Implementation It is essential to provide an adequate supply of fresh air, ensure the removal of stale air and prevent the buildup of any contaminants (dust, chemicals etc). The factory consists of

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different manufacturing units which produce Resin (adhesive), Water and Solvent based thinners. During production, solvents vapors are emitted throughout the manufacturing process. If these emissions are left uncontrolled, high concentrations of organic solvents can build up in the work area, compromising workers health. Release of volatile organic solvents to the atmosphere can result in increased levels of tropospheric ozone, a pollutant that causes negative health effects in the human pulmonary system. To ensure that these do not reach a harmful level the company has set up exhaust ventilation systems and appropriately executed air ducts in all the units. They use free standing fans to add to the flow of air in the factory which are positioned in such a way that they increase the natural flow of air into the factory and does not try to blow air against the prevailing wind. The use of general ventilation and the increased ventilation by opening windows and ensuring that doors are not blocked also helps in controlling the temperature inside the plant.

53. Dust and fume:

(1) In every establishment in which, by reason of any manufacturing process carried on,

there is given off any dust or fume or other impurity of such a nature and to such an extent as is likely to be injurious or offensive to the workers employed therein, effective measures shall be taken to prevent its accumulation in any work-room and it inhalation by workers, and if any exhaust appliance is necessary for this purpose, it shall he applied as near as possible to the point of origin of the dust, fume or other impurity, and such point shall be enclosed so far as possible.
(2) In any establishment no stationary internal combustion engine shall be operated

unless the exhaust is conducted into open air, and no internal combustion engine shall be operated in any room unless effective measures have been taken to prevent such accumulation of fumes there from as are likely to be injurious to the workers employed in the work-room. Implementation The thinner and the resin production units release a negligible amount (3%) of hazardous fumes into the air. To make sure there are no accumulation of these fumes and any dust particles proper ventilation is ensured by the local exhaust ventilation system.

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54. Disposal of wastes and effluents: Effective arrangements shall be made in every establishment for disposal of wastes and effluents due to the manufacturing process carried on therein. Implementation The plant has achieved 'zero industrial discharge' capability. This has been achieved by the installation of upgraded effluent treatment facilities and installation of reverse osmosis plants in conjunction with appropriate recycling and reuses schemes. They have a full-fledged and functioning 300,000 litre capacity Water Effluent Treatment Plant for Primary & Secondary Treatment installed at their premises. 70% of the waste water is processed in this Effluent Treatment Plant (ETP). By progressively converting dissolved material into solid, usually a biological flock and settling this out, an effluent stream of increasing pure water is produced. Some of this water is then re-used in car wash, gardening, flushing toilets, etc.

55. Artificial humidification: The Section 55 is not applicable as the plant does increase the humidity of the factory artificially during any manufacturing process.

56. Overcrowding:
(1) No work-room in any establishment shall be overcrowded to an extent injurious to the

health of the workers employed therein.

(2) Without prejudice to the generality of the provisions of sub-section (i), there shall be

provided for every worker employed in a work-room at least 9.5 cubic metre of space in the establishment. Explanation: For the purpose of this sub-section no account shall be taken of a space which is more than 4.25 metres above the level of the floor of the room.
(3) If the chief Inspector by order in writing so requires, there shall be posted in each

work-room of an establishment a notice specifying the maximum number of workers who may, in compliance with the provisions of this section, be employed in the room.
(4) The chief Inspector may, by order in writing, exempt, subject to such conditions as he

may think fit to impose, any work-room from the provisions of this section if he is satisfied that compliance therewith in respect of such room is not necessary for the purpose of health of the workers employed therein.

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Implementation The Factory is built on 4.09 acres of land and there are only 14 officers and 81 workers working in the premises. The number of people compared to the amount of space automatically prevents any overcrowding.

57. Lighting:
(1) In every part of an establishment where workers are working or passing, there shall be

provided and maintained sufficient and suitable lighting, natural or artificial, or both.
(2) In every establishment all glazed windows and skylights used for the lighting of the

work-room shall be kept clean on both the outer and inner surfaces and free from obstruction as far as possible.
(3) In every establishment effective provisions shall, so far as in practicable, be made for

the prevention of(a) glare either directly from any surface of light or by reflection from or polished surface (b) the formation of shadows to such an extent as to cause eye strain or risk of accident to any worker.

Implementation Poor lighting at work can lead to eye strain, fatigue, headaches, stress and accidents. On the other hand, too much light can also cause health problems such as glare headaches and stress. The factory tries to make better use of existing lights; making sure that all lights are clean and in good condition; and that lights are positioned correctly for each task. It is also a case of making the best use of natural light. The level of light is measured in LUX using a light meter. 58. Drinking Water:
(1) In every establishment effective arrangement shall be made to provide and maintain at

a suitable point conveniently situated for all workers employed therein, a sufficient supply of wholesome drinking water.

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(2) All such points where water is supplied shall be legibly marked Drinking water in

Bangla.
(3) In every establishment wherein two hundred fifty or more workers are ordinarily

employed, provision shall be made for cooling the drinking water during the hot weather by effective means and for distribution thereof.
(4) Where dehydration occurs in the body of workers due to work near machineries

creation excessive heat, there workers shall be provided with oral re-hydration therapy. Implementation Pure drinking water in ensured by a reverse osmosis system which has been installed in the premises by Marley Water Technologies US. This system utilizes multiple advanced filtration technologies to provide complete filtration of chlorine, taste, and odors, dissolved solids, cysts, sodium, and heavy metals present in the drinking water. The end product is pure cooling drinking water for the workers.

59. Latrines and urinals: In every establishment(a) Sufficient latrines and urinals of prescribed types shall be provided conveniently situated and accessible to workers at all times while they are in the establishment. (b) Such latrines and urinals shall be provided separately for male and female workers; (c) Such latrines and urinals shall be adequately lighted and ventilated; (d) All such latrines and urinals shall be maintained in a clean and sanitary condition at all times with suitable detergents and disinfectants. Implementation Sufficient latrine and urinal accommodation is provided. There are 25 urinals and latrines for men and 3 for the 9 women workers. Those are conveniently situated and
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accessible to the workers at all times. These are also regularly cleaned by the hired cleaners with disinfectants.

60. Dust bean and spittoon:

(1) In every establishment there shall be provided, at convenient places, sufficient

number of dust beans and spittoons which shall be maintained in a clean and hygienic condition.
(2) No person shall throw any dirt or spit within the premises of an establishment

except in the dust beans and spittoons provided for the purpose.
(3) A notice containing this provision and the penalty for its violation shall be

prominently displayed at suitable places in the premises. Implementation There are dustbins placed at regular intervals in the factory promises for litter purposes and also to serve as spittoons. The workers are encouraged to litter and spit into these and maintain the cleanliness of the plant area. These dustbins/spittoons are cleaned daily by the cleaners as well.

4.0 SAFETY
The Factories Act 1965 had 21 Sections on Safety of Factory Workers. 3 of these sections have now been repealed. These 3 laws are: Employment of young persons on dangerous machines Power to make rules to supplement this Chapter

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Prohibition of employment of women and children near cotton-opener.

The 18 laws presented in Chapter VI of the Bangladesh Labour Act 2006 are: 61. Safety of building and machinery 62. Precaution in case of fire 63. Fencing of machinery 64. Work on or near machinery in motion 65. Striking gear and devices for cutting off power 66. Self-action machines 67. Casing of new machinery 68. Cranes and other lifting machinery 69. Hoists and lifts 70. Revolving machinery 71. Pressure plant 72. Floors, stairs and means of access 73. Pits, sumps, opening in floors, etc. 74. Excessive weights 75. Protection of eyes 76. Powers to require specifications of defective parts or tests of stability 77. Precautions against dangerous fumes 78. Explosive or inflammable dust, gas, etc 61. Safety of building and machinery:
(1) If it appears to the Inspector that any building or part of a building or any part of the

ways, machinery or plant in an establishment is in such a conditions that it is dangerous to human life or safety, he may serve on the employer of the establishment an order in writing specifying the measures which, in his opinion, should be adopted, and requiring them to be carried out before a specified date.
(2) If it appears to the Inspector that the use of any building or part of a building or of

any part of the ways, machinery or plant in the establishment involves imminent danger to human life or safety, he may serve on the employer of the establishment an order in writing prohibiting its use until it has been properly repaired or altered.

Implementation

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The factory undergoes an annual inspection around the month of December from the State of Government. The inspector then advices on the improvement of the building and the machinery, if required.

62. Precaution in case of fire:

(1) Every establishment shall be provided with at least one alternative connection

stairway with each floor and such means of escape in case of fire and firefighting apparatus, as may be prescribed by rules.
(2) If it appears to the inspector that any establishment is not provided with the means of

escape prescribed under sub-section (i) he may serve on the employer of the establishment an order in writing specifying the measures which in his opinion, should be adopted before a date specified in the order.
(3) In every establishment the doors affording exit from any room shall not be locked or

fastened so that they can be easily and immediately opened from inside while any person is within the room and all such doors, unless they are of the sliding type, shall be constructed to open outwards or where the door is between two rooms, and all such doors, unless they are of the sliding type, shall be constructed to open outwards or where the door is between two rooms, in the direction of the nearest exit from the building and no such door shall be locked or obstructed while work is being carried on in the room.
(4) In every establishment every window, or other exit affording means of escape in case

of fire, other than the means of exit in ordinary use, shall be distinctively marked in Bangla and in red letters of adequate size or by some other effective and clearly understood sign.
(5) In every establishment every window, door, or other exit affording means of escape in

case of fire to every person employed therein.

(6) A free passage-way giving access to each means of escape in case of fire shall be

maintained for the use of all workers in every room of the establishment.
(7) In every establishment wherein more than ten workers are ordinarily employed in any

place above the ground floor, or explosive or highly inflammable materials are used or stored, effective measures shall be taken to ensure that all the workers are familiar with the means of escape in case of fire and have been adequately trained in the routine to be followed in such case.

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(8) In factories wherein fifty or more workers and employees are employed shall arrange

at least once in a year a mock fire-fighting and the employer shall maintain a book of records in this regards.

Implementation The Aqua Paints Factory in Dhaka has a very dedicated fire-fighting team comprising of Fire Wardens from each department. The fire-fighting team also comprises of a rescue team in case anyone is missing when attendance is taken at the time of the fire drill. They carry out 4-5 fire drills yearly to measure the response time of workers. There are ample sirens and smoke detectors in the factory which can promptly signal the gatehouse panel upon detecting smoke. There are a sufficient number of fire exits which remain unlocked at all times and are distinctively marked in red Bangla letters. Signboards in Bangla are also found all over the factory in order to guide the workers in times of mayhems.

63. Fencing of machinery:

(1) In every establishment the following shall be securely fenced by the safeguards of

substantial construction which shall be kept in position while the part of machinery required to be fenced are in mention or in use, namely(a) every moving part of a prime mover, and every fly wheel connected to a prime mover; (b) the head-race and tail-race of every water wheel and water turbine; (c) any part of a stock-bar which projects beyond the head stock of a lathe; and (d) unless they are in such position or of such construction as to be as safe to every person employed in the establishment as they would be if they were securely fenced(i) every part of an electric generator,- a motor or rotary converter, (ii) every part of transmission machinery, and (iii) every dangerous part of any machinery Provided that, for the purpose of determining whether any part of machinery is safe as aforesaid, account shall not be taken of any occasion when it being necessary to make an examination of the machinery while it is in motion, such examination or operation is made or carried in accordance with the provisions of section 64.
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(2) without prejudice to any other provision of this Act relation to the fencing o machinery, every set screw, bolt and key on any revolving shaft, spindle wheel or pinion and all spur, worm and other toothed or friction gearing in motion with which such worker would otherwise be liable to come into contact, shall be securely fenced, to prevent such contact.

Implementation All the machines in the factory have safe guard mechanisms. A whole operation line can be switched off by pulling out the safety guard in case of an emergency. Secure fencing by safeguards of substantial construction is provided for: (a) Moving parts of prime movers (b) he head-race and tail-race of water wheels (c) all parts of stock-bars which project beyond the head stock of a lathe (d) all parts of electric generators and rotary converters We also found all revolving shafts, spindle wheels, belts and screws encased to prevent any danger. 64. Work on or near machinery in motion: 1) Where in any establishment it becomes necessary to examine any part of machinery referred to in section 61 while the machinery is in motion or as a result o such examination to carry out any mounting or shipping of belts, Lubrication or other adjusting operation while the machinery is in motion such examination or operation shall be made or carried out only by a specially trained adult male worker wearing tight-fitting clothing whose name has been recorded in the register prescribed in this behalf and while he so engaged such worker shall not handle a belt at a moving pulley unless the belt is less than fifteen centimeters in width and unless the belt-joint is either laced or flush with the belt. 2) The Government may, by notification in the official Gazette, prohibit, in any specified establishment, the cleaning, lubricating, or adjusting by any person of specified part of machinery when those parts are in motion. Implementation

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There is a separate department for maintenance who are trained in operating the machines. They are required to wear tight fitted clothes while working near or on machines as per section 64.

65. Striking gear and devices for cutting off power: 1) In every establishment(a) suitable striking gear or other efficient mechanical appliance shall be provided and maintained and used to move driving belts to and from fast and loose pulleys which from part of the transmission machinery, and such gear or appliances shall be so constructed, placed and maintained as to prevent the belt from cropping back on the first pulleys; (b) driving belts when not in use shall not be allowed to rest or ride upon shafting in motion. (c) In every establishment suitable devices for cutting off power in emergencies from running machinery shall be provided and maintained in every work-room. Implementation All the machines in the factory are imported from abroad and have safe guard mechanisms. A whole operation line can be switched off by pulling out the safety guard in case of an emergency.

66. Self-action machines : No traversing part of a self-acting machine in any establishment and no material carried thereon shall, if the space over which it runs is a space over which any person is liable to pass whether in the course of his employment or other distance of forty five centimeters from any fixed structure which is not part of the machine: Provided that the chief Inspector may permit the continued use of a machine installed before the commencement of this Act which does not comply with the requirements of this section on such conditions for ensuring safety as he may think fit to impose. Implementation. The space below the machines are all marked to avoid the workers from being confused and walk by, and are also trained to learn the process and work by the laws. The workers are also guided by sign posts at regular intervals.

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67. Casing of new machinery: In all machinery driven by power and installed in any establishment after the commencement of this Act(a) every set screw, belt or key or any revolving shaft, spindle wheel or pinion shall be so, sunk, encased or otherwise effectively guarded to prevent danger; and (b) all spur, worm and other toothed or friction gearing which does not require frequent adjustment while in motion shall be completely encased unless it is so situated as to be as safe it would be if it were be if were completely encased. Implementation The factory seemed to comply fully with this section as we found all the machine parts like shafts, spindles and toothed and frictional gears to be either encased or sunk so that they can pose no further dangers.

68. Cranes and other lifting machinery: The following provisions shall apply in(a) every part thereof, including the working gear, whether fixed or movable, ropes and chains and anchoring and fixing appliances shall be(i) of good construction, sound material and adequate strength, (ii) properly maintained, (iii) thoroughly examined by a competent person at least once in every period of twelve months and a register shall be kept containing the prescribed particulars of every such examination;

(b) no such machinery shall be loaded beyond the safe working load which plainly marked thereon; and (c) while any person is employed or working on or near the wheel-tract of a crane in any place, where he would be liable to be struck by the crane, measures shall be taken to ensure that crane does not approach within six that place. 69. Hoists and lifts: (1) In every establishment every hoist and lift shall be of good mechanical construction, sound material and adequate strength, properly maintained,

shall be traveling effective meter of

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shall be thoroughly examined by competent person at least once in every period of six months, and a register shall be kept containing the prescribed particulars of every such examination; (2) Every hoist way and lift way shall be sufficiently protected by an enclosure fitted with gates, and the hoist or sift and every such enclosure shall be so constructed as to prevent any person or thing from being trapped between any part of the hoist or lift and any fixed structure or moving part;
(3) the maximum safe working load shall be plainly marked on every hoist or lift and no

load greater than such load shall be carried thereon;

(4) the cage of every hoist or lift used for carrying persons shall be fitted with a gate on

each side from which access is afforded to a landing;

(5) every gate referred to in subsection (2) or (4) shall be fitted with interlocking or other

efficient device to secure that the gate cannot be opened except when the cage is at the landing and that the cage cannot be moved unless the gate is closed.
(6) The following additional requirements shall apply to hoists and lifts used for carrying

persons and installed or reconstructed in an establishment after the commencement of this Act, namely(a)Where the cage is supported by rope or chain there shall be at least two ropes or chains separately connected with its attachments shall be capable of carrying the whole weight of the cage together with its maximum load; (b)Efficient devices shall be provided and maintained capable of supporting the cage together with its maximum load in the event of breakage of the ropes, chains or attachments; an efficient automatic device shall be provided and maintained to prevent the cage from over-running. (7) The chief Inspector may permit the continued use of a hoist or lift installed in an establishment before the commencement of this Act which does not fully comply with the provisions of subsection (1), (2), (3), (4) and (5) upon such conditions for ensuring safety as he may think fit to impose Implementations of section 68 & 69 The cranes the plants use to lift raw materials for production are usually checked regularly by the maintenance department if they are in good shape and of adequate strength. The lifting machineries are brought from a ISO9001 compliant factory from Germany.

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70. Revolving machinery: This section is not applicable.

71. Pressure Plant: If in any establishment any part of the plant or machinery used in manufacturing process is operated at a pressure above atmospheric pressure, effective measures shall be taken to ensure that the safe working pressure of such part is not exceeded. Implementation The instructions are all available on the machineries and the workers are trained in accordance. In the resin manufacture unit the resin reactors function at a pressure above the atmospheric pressure. The pressure in the resin reactors are maintained at a secured level and are measured by pressure meter regularly observed by a worker. The reactors are made of durable and strong materials to sustain such high pressure.

72. Floors, stairs and means of access: In every establishment (a) all floors, stairs, passages and gangways shall be of sound construction and properly maintained and where it is necessary to ensure safety steps, stairs, passages and gangways shall be provided with substantial handrails; (b) there shall, so far as is reasonably practicable, be provided and maintained safe means of access to every place at which any person is, at any time, required to work; and (c) all floors, ways and stairways shall be clean, wide and clear of all obstructions.

Implementation The stairways and passages of the factory are all well constructed and easily accessible by the workers.

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73. Pits, sumps, opening in floors, etc. : In every establishment, every fixed vessel, sump, tank, pit or opening in the ground or in a floor which, by reason of its depth, situation, construction or contents is or may be a source of danger, shall be either securely covered or securely fenced. Implementation The factory administration makes sure that there are no pits in the floor/ ground anywhere that was unfenced or posed a potential threat to workers.

74. Excessive weights: No person shall be employed in any establishment to lift, carry or move any load so heavy as to be likely to cause him injury. This section is not applicable as no heavy load is lifted by manpower in the factory. Cranes or other lifting machineries are used. 75. Protection of eyes : The Government may, in respect of any manufacturing process carried on in any establishment, by rules, require that effective screens of suitable goggles shall be provided for the protection of persons employed on, or in the immediate vicinity of a process which involves(a) risk of injury to the eyes from particles or fragments thrown off in the course of the process, or (b) risk to the eyes by reason of exposure to excessive light or heat. Implementation The workers are provided with goggles in the manufacturing units.

76. Powers to require specifications of defective parts or tests of stability : If it appears to the inspector that any building or part of a building or any part of the ways, machinery or plant in an establishment, is in such a condition that it may be danger us to human life or safety, he may serve on the employer of the establishment an order in writing, requiring him before a specified date(a) to furnish such drawings, specifications and other particulars as may be necessary to determine whether such building, ways, machinery or plant can e used with safety, or (b) to carry out such tests as may be necessary to determine the strength or quality or any specified parts and to inform the Inspector of the result thereof.

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Implementation The factory undergoes an annual inspection around the month of December from the State of Government. The inspector then advices on the improvement of the building and the machineries if required. The machineries undergo regular inspection by the maintenance unit.

77. Precautions against dangerous fumes :

(1) In any establishment no person shall enter or be permitted to enter any chamber,

tank, vat pit, pipe, flue or other confined space in which dangerous fumes are likely to be present to such an extent as to involve risks of persons being overcome thereby, unless it is provided with a manhole of such size, as may be prescribed or other effective means of egress.
(2) No portable electric light of voltage exceeding twenty-four volts shall be permitted in

any establishment for use inside any confined space such as is referred to in subsection and where the fumes present are likely to be permitted to be used in such confined space.
(3) No person in any establishment shall enter or be permitted to enter any such confined

space until all practicable means have been taken to remove any fumes which may be present and to prevent any ingress of fume and unless either(a) a certificate in writing has been given by a competent person, based on a test carried out by himself, that the space is from dangerous fumes and fit for persons to enter, or (b) the worker is wearing suitable breathing apparatus and a belt securely attached to a rope, the free end of which is held by a person standing outside the confined space. (4) Suitable breathing apparatus, reviving apparatus and belts and ropes shall, in every establishment, be kept ready for instant use beside any such confined space. As aforesaid which any person as entered, and all such apparatus shall be periodically examined and certified by a competent person to be fit for use; and a sufficient number of persons employed in every establishment shall be trained and practiced in the use of all such apparatus and in the method of restoring respiration. (5) No person shall be permitted to enter in any establishment, any boiler furnace, boiler, flue chamber, tank, at, pipe or other confined space for the purpose of working
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or making any examination therein until it has been sufficiently cooled by ventilation or otherwise to be safe for persons to enter.

78. Explosive or inflammable dust, gas, etc. :

(1)where in any establishment any manufacturing process produces dust, gas, fume

or vapour of such character and to such extent as to be likely to explode on ignition, all practicable measures shall be taken to prevent any such explosion by(a) effective enclosure of the plant or machinery used in the process; (b) removal or prevention of the accumulation of such dust, gas, fume or vapour;
(c) exclusion or effective enclosure of all possible sources of ignition.

(2)Where in any establishment the plant or machinery used in a process is not so

constructed as to withstand the probable pressure which such an explosion as aforesaid would produce, all practicable measure shall be taken to restrict the spread and effects of the explosion by the provision in the plant or machinery of chokes,
(3)Where any part of the plant or machinery in an establishment contains any

explosive or inflammable gas or vapour under pressure greater than atmospheric pressure, that part shall not be opened except in accordance with the following provisions, namely-

(a) before the fastening of any joint of any pipe connected with the part of the fastening of the cover of any opening into the part is loosened, any flow of the gas or vapour into the part or any such pipe shall be effectively stopped by a stop-valve or other means; (b) Before any such fastening as aforesaid is removed, all practicable measures shall be taken to reduce to pressure of the gas or vapour in the part or pipe to atmospheric pressure (c) where any such fastening, as aforesaid, has been loosened or removed, effective measures shall be taken to prevent any explosive or inflammable gas or vapour from entering the part or pipe until the fastening has been

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secured; or as the case may be, securely replaced: Provided that the provisions of this sub-section shall not apply in the case of plant or machinery installed in the open air. No plant, tank or vessel which contains or has contained any explosive or inflammable substance shall be subjected in any establishment to any welding, brazing, soldering or cutting operation which involves the application of heat unless adequate measures have been first taken to remove such substance and any fumes arising there from o to render such substance shall be allowed to enter such plant, tank or vessel after any such operation until the mental has cooled sufficiently to prevent any risk of igniting the substance.
(4)

Implementation of section 77 & 78: For ventilation overhead exhaust fans are provided in every manufacturing units to reduce the dust and other byproduct fumes. Safety precautions are taken when fastening other pipes to the main body of the machinery. The pressure meter is regularly observed to avoid any accidents due to built up of pressure. The workers are warned to not smoke on the factory grounds which include inflammable fumes. Non smoking zones are marked by suitable indications.

5.0 WELFARE REGULATIONS

The welfare of factory workers is an important chapter in the Bangladesh Labour Act 2006. Presently, the human asset is being given more recognition than before. While Chapter V of the Factories Act 1965 had just 7 sections on worker welfare, Chapter VIII of the Bangladesh Labour Act 2006 has 11 sections namely: Section 89: First-aid appliances Section 90: Maintenance of safety Record Book Section 91: Washing facilities Section 92: Canteens Section 93: Shelters, etc. Section 94: Rooms for children Section 95: Recreational and educational facilities in tea plantation:

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Section 96: Housing facilities in tea plantation Section 97: Facilities for daily necessities, etc. in tea plantation Section 98: Medical care for newspaper workers Section 99: Compulsory Group Insurance 89. First-aid appliances
(1) There shall, in every establishment be provided and maintained, so as to be

readily accessible during all working hours first-aid boxes or cupboards equipped with the contents prescribed by rules. (2) The number of such boxes or cupboards shall not be less than one for every one hundred fifty workers ordinarily employed in the establishment. (3) Every first-aid box or cupboard 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. (4) A notice shall be affixed in every work-room stating the name of person in charge of the first and box or cupboard provided in respect of that room and such person shall wear a badge so as to facilitate identification. [The fifth point does not apply to Aqua Paints as the number of workers is less than 300] Implementations Every work room and office in the Aqua Paints factory was found to be equipped with a first aid box. Each of these is kept in charge of a person who is trained in first-aid treatment. The individuals in charge of the first aid boxes, along with every other factory worker have an ID card which makes them easier to identify on any first aid emergency.

90. Maintenance of safety Record Book In every establishment factory wherein more than twenty five workers are employed, shall maintain compulsorily, in the prescribed manner, a safety record book and safety board. Implementations: Aqua Paints factory maintains safety record books since 2006, when the law was introduced. Workers can record any safety related issue they face while working, which is later investigated by the officers in charge. 91. Washing facilities: In every establishment(a) adequate and suitable facilities for washing and bathing shall be provided and maintained for the use of the workers therein;

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(b) separate and adequately screened facilities shall be provided for the use of male and female workers; and (c) such facilities shall be conveniently accessible and shall be kept clean. Implementations Separate washing facilities are provided for the male and female workers at Aqua Paints. These facilities are cleaned with sanitizers on a regular basis. Implementations of Sections 92 & 93: Section 92 primarily states that In every establishment wherein more than one hundred workers are ordinarily employed, there shall be provided adequate number of canteens for the use of the workers. Since the total number of workers in Aqua Paints is a little over 80, this section does not apply for this company, however, a lot of shops and restaurants are available nearby which can fulfill the need of a canteen within the factory premises. Section 93 primarily states that, 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 for the use of the workers. A Shelter is provided within the factory grounds where the workers can rest or have lunch during the lunch hour, i.e. 1-2 pm on every working day. Moreover, a advanced water purifier tank provides pure drinking water to the workers which is supplied throughout the day. Section 94 does not apply for Aqua Paints as there are very few female workers in the factory and none of them have children of their own. Sections 95 98 do not apply for Aqua Paints. Section 99 does not apply for Aqua Paints as the number of workers is less than 200.

6.0 WORKING HOURS REGULATIONS

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The Bangladesh Labour Act 2006 has 15 sections on Working Hours of workers in any establishment. 100. No adult worker shall ordinarily be required or allowed to work in an establishment for more than eight hours in any day. 101. Any worker in any establishment shall not be liable to work either(a) for more than six hours in any day unless he has been allowed an interval of at least one hour during that day for rest or meal; (b) for more than five hours in any one day unless he has been allowed an interval of at least half an hour during that day for rest or meal; or (c) for more than eight hours unless he has had an interval under clause (a) or two such intervals under clause (b) during that day for rest or meal. 102. No adult worker shall ordinarily be required or allowed to work in an establishment for more than forty-eight hours in any week. 103. (a): An adult worker employed in an establishment which is a shop or commercial establishment, or industrial establishment, shall be allowed in each week one and half days holiday and in factory and establishment one day in a week. [Note: Section 103(b) is not applicable for this company] Implementations: Proper implementations of all of the above sections can be observed in the Aqua Paints factory. The working hour in Aqua Paints (for adult workers) is 9am to 5pm. During this time there is a 1 hour lunch break from 1pm to 2pm. That means the adult workers are required to work for 7 seven hours with a one hour interval for rest or meal. Moreover, Friday is considered to be the weekly holiday in the Aqua Paints factory, which means that the workers are required to work 6 days every week which makes the total of fortytwo hours of working time. Thus, we can conclude that Sections 100, 101, 102 and 103(a) are properly implemented in Aqua Paints factory. Implementations of Sections 104, 105 & 106: Section 104 states that, If a worker is deprived of any of the weekly holidays provided for in that section, he shall be allowed, as soon as circumstances permit, compensatory holidays, of equal number to the holidays so deprived of. Although an emergency situation like this did not arise in the factory yet, but they are well aware of this section and are willing to abide by it. Section 105 which says that a workers work time should not be spread over more than 11 hours a day is always implemented in the factory. Section 106 is properly implemented for the guards hired to work past midnight.

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Section 107: does not apply for this company. Implementations of Section 108 (1): Where a worker works in an establishment on any day or week for more than the hours fixed under this Act, he shall, in respect of overtime work, be entitled to allowance at the rate of twice his ordinary rate of basic wage and dearness allowance and ad-hoc or interim pay, if any. This section along with 108 (2) and 108 (3) is properly implemented in Aqua Paints. Even though, the workers in the factory are not usually required to stay past their standard working hours, there had been a number of emergency situations where they were made to work for 9-10 hours in a day. For that the rule of the factory is to pay extra allowance based on the section above. 109. No women shall, without her consent, be allowed to work in an establishment between the hours of 10.00PM and 6.00 AM Implementation: The Aqua Paints factory currently has only 9 female workers. None of these workers, along with the past women workers, were ever required to work past 5pm in the factory. This proves that this section is properly implemented in the factory. The other sections are not entirely applicable for this company.

7.0 LEAVES &HOLIDAY REGULATIONS

Leaves & Holidays is an important chapter in the Bangladesh Labour Act 2006. The Sections and their topics are briefly mentioned below: Section 115: Casual leave Section 116: Sick leave Section 117: Annual leave with wages Section 118: Festival holidays Section 119: Calculation of wages and payment during leave or holiday period (e.g. Maternity Leave etc) The Aqua Paints factory is well aware of the sections which provide regulations for leaves and holidays in a factory. Therefore, their policy gives the workers the following types of leaves and holidays:

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Earned Leave: Aqua Paints factory workers get 1 earned leave for every 17 days they work. However, the earned leaves cannot be carried forward for more than three consecutive years. Casual & Sick Leave: The factory allows the workers a 10 day casual and a 14 day sick leave with full wages every year. Festival Holidays: The workers in the Aqua Paints factory are entitled to 11 days of paid festival holidays. Maternity Leave: The Aqua Paints factory allows the female workers an eight week maternity leave (with full wages), which is allowed to the pregnant female worker starting from four weeks before she gives birth. However, the full wage will only be allowed to female workers who worked in the factory for at least three years before pregnancy.

8.0 CONCLUSION: FINDINGS AND ANALYSIS

After talking to a number of officials at the factory and also taking a tour of the grounds, we may suggest that such a new establishment is complying in every way with the Bangladesh Labour Act 2006. However, we found some glitches in the environmental issues that the company is following. For example, their only waste disposal process is the ETP to purify water that is a byproduct of the manufacturing process. We observed that there were a lot of equipments giving off fumes, which may be hazardous to the health of the workers, if not immediately but in the future. When asked how to deal with the fumes, which is not only affecting workers who are in direct contact

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with it but also being released to the atmosphere levitating the greenhouse effect, they answered that the process would be too expensive for them now as it will raise their manufacturing cost. And being just recently established they have plans to develop their processes and be environmentally friendly. Another thing we noticed was the workers reluctance to wear the safety masks at the resin manufacturing unit. There were 5 workers and a supervisor and only one worker was wearing a mask and the supervisor a lab coat. This is a health violation, meaning the officials are not strict enough to enforce measures regarding the health of the workers. Also we, the guests, were not provided with any lab coats or masks before entering the manufacturing units and were exposed directly to the fumes which they reassured maybe very slightly harmful. Given the fact that the manufacturing process is quite risky, there had been only one casualty so far in the history of Aqua Paints. It shows how they are strictly concerned about the safety measures. The accident that happened was not even involved with the machineries. The worker was hurt when unloading the raw materials and simply lost grip of the gallon. He was rushed to the nearest hospital and given a compensation of Tk 5000 and given extra sick leaves. These were a few observations that needed special treatment and recognition. We recommend the company to improve on those levels. Aqua Paints have their plan to come under the Jotun Industry, the leading international paint manufacturer. They had been given the proposition to join the alliance of the Jotun Industry. So they will be taking measures to improve on the working conditions and the workers welfare. So we may conclude that the company may develop even further in the coming years.

REFERENCES
Arun Mitra Factory manager Aqua Paints Contact no. - 01711 401120

Liaquat Ali
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Asst. Manager, Administration and compliance Aqua Paints Contact no. - 01714 047400

WEBSITES http://complytex.com/bangladesh_labor/Bangladesh_Labor_Law.pdf http://www.aquapaints.com/products.html http://www.specialchem4coatings.com/resources/editorials/editorial.aspx?id=2046

BIBLOGRAPHY Arun Kumar Sen and Jitendra Kumar Mitra, Commercial Law and Industrial Law

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