Law campaign
Safety during Construction
A reality check on National Building Code
Bikash Kumar Basak
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| potal-unesco.org |
At present, construction sites in Bangladesh are booming at a great scale due to incessant demand of the city dwellers. Thousands of workers are involved in this construction sector and they are working in different construction sites throughout the country. The Bangladesh National Building Code, 2006 is, to a large extent, applicable to construction sites and more specifically to the safety of the building. But even in the Code there are few provisions which deal with the safety of the workmen during construction.
In Bangladesh, the general practice is that the developer company employs a contractor to carry out the construction work and the contractor employs workers to complete the construction of the building. Moreover, in some cases, the house owner directly employs construction workers for the purpose of construction, repairing or painting etc. A sad facet of this story is that most of the construction workers work on daily basis for which, according to eminent lawyers and practitioners, these workers are deprived of some benefits available under the Bangladesh Labour Act, 2006. Again, there are no provisions in the Bangladesh Labour Act, for example, requiring employers to stop fall from height or stopping electrocution or safe use of trenches etc. However, most of the provisions of the Bangladesh Labour Act, 2006 relating to worker health and safety issues (chapter 5,6 and 7) have been copied from the Factories Act, 1965 and are not relevant to the key issues of safety on construction sites.
Part-7, Chapter -1 of the Code clearly sets out the constructional responsibilities according to which the relevant authority of a particular construction site shall adopt some precautionary measures to ensure the safety of the workmen. According to section 1.2.1 of chapter 1 of part 7, “In a construction or demolition work, the terms of contract between the owner and the contractor and between a consultant and the owner shall be clearly defined and put in writing. These however will not absolve the owner from any of his responsibilities under the various provisions of this Code and other applicable regulations and bye-laws. The terms of contract between the owner and the contractor will determine the responsibilities and liabilities of either party in the concerned matters, within the provisions of the relevant Acts and Codes (e.g.) the Employers' Liability Act, 1938, the Factories Act 1965, the Fatal Accident Act, 1955 and Workmen's Compensation Act 1923”. (After the introduction of the Bangladesh Labour Act, 2006, these Acts have been repealed). So, the point is that the employer can never escape himself from being responsible in case of any violation of the safety provisions.
Section 1.4.1 of chapter-1, part-7 of the Code, states the general duties of the employer to the public as well as workers. According to this section, “All equipments and safeguards required for the construction work such as temporary stair, ladder, ramp, scaffold, hoist, run way, barricade, chute, lift etc shall be substantially constructed and erected so as not to create any unsafe situation for the workmen using them or the workmen and general public passing under, on or near them”. So, the safety issue of the construction workers during construction is a precondition for the site authority. The site authority or the relevant employer of the workers must provide the construction workers with the safety tools prior to the introduction of the construction or demolition or even in case of handling of materials.
Part-7, Chapter-3 of the Code has clarified the issue of safety of workmen during construction and with relation to this, set out the details about the different safety tools (PPE) of specified standard like goggles, gloves, safety boots, apron and hand shield having filter glass of accepted standard and suitable to the eyes of a particular worker. In relation with the health hazards of the workers during construction, this chapter describes the nature of the different health hazards that normally occur in the site during construction and at the same time specifies the specific measures to be taken to prevent such health hazards. According to this chapter, exhaust ventilation, use of protective devices, medical check up etc. are the measures to be taken by the particular employer to ensure a healthy workplace for the workers.
A recent survey report of the Bangladesh Worker Safety Programme (BWSP) reveals that construction workers make up 50% of workplace victims. The survey also discloses that among 222 workplace deaths, 103 were in the construction sector and the most common causes of all deaths were 'electrocution'(54) and 'fall from height'(38) (The Daily Star, November 20, 2008). With relation to the safety measures against these two most common causes of workplace fatality, the Code in its section 3.1.3 of chapter 3 of Part 7 has specified that warning signs shall be displayed where necessary to indicate hazardous areas like hi-voltage zone. In addition, according to section 3.9.2 of chapter 3 of part 7, “all cables and signal cords are required to be guarded wherever such cables and cords pass through or cross working spaces.”
Again, to prevent workers falling from heights, the Code in section 3.7.1 to 3.7.6 of chapter 3 of part 7 sets out the detailed requirements on the formation and use of scaffolding. According to section 3.9.2 of the same chapter, “every temporary floor openings shall either have railing of at least 900 mm height or shall be constantly attended. Every floor hole shall be guarded by either a railing with toe board or a hinged cover. Alternatively, the hole may be constantly attended or protected by a removable railing. Every stairway floor opening shall be guarded by railing at least 900 mm high on the exposed sides except at entrance to stairway. Every ladder way floor opening or platform shall be guarded by a guard railing with toe board except at entrance to opening. Every open sided floor or platform 1.2 meters or more above adjacent ground level shall be guarded by a railing on all open sides except where there is entrance to ramp, stairway or fixed ladder….. the above precautions shall also be taken near the open edges of floors and roofs”.
So, the above discussion clearly proves that the Bangladesh National Building Code, 2006 is legally more action-oriented regarding the safety of the workmen during construction. But it does not mean that this Code will get precedence over any other rules, regulations, Act/Ordinance etc. in ensuring the better safety of the workers during construction. As per the second paragraph of section 1.1.2 of chapter 1 of part 7, “Nothing herein contained shall be construed to nullify any rules, regulations or statutes governing the protection of the public or workers from any hazard involved in manufacturing, mining and other processes and operations which generate toxic gases, dust or other elements dangerous to the respiratory system, eye sight or health.”
Now, the major challenge is the proper implementation of the Code as section 2.1 of chapter 2 of part 1 duly states that, “The Government shall establish a new or designate an existing agency responsible for the enforcement of this Code with a given area of jurisdiction. For the purpose of administering and enforcing the provisions of the Code, the enforcing agency shall have the authority of the Government and shall herein be referred to as the Authority.” With relation to the provision of setting up a Code Enforcement Authority, the Bangladesh Legal Aid and Services Trust (BLAST) and the Bangladesh Occupational Safety, Health and Environment Foundation (OSHE) jointly filed a writ petition in the High Court Division on January 27, 2008 to redress the failure of the government to establish an agency to enforce the Code in particular the provisions relating to worker safety issues. It is argued in the petition that most of the workplace deaths of the construction worker would be prevented if the obligations under the Code are enforced, more specifically those relating to stopping fall from height and electrocution.
At the initial hearing on the petition on February 7, 2008, the Honourable Court passed a rule asking the respondents to show cause as to why the government should not establish a Code Enforcement Agency as duly required by the Bangladesh National Building Code, 2006 and also why it should not be directed to secure compliance with the safety and security provisions of the Bangladesh National Building Code, 2006 at every level of construction and demolition of any building. The Court also required the government to produce a report on what steps it has so far taken to secure compliance with the Code in Dhaka and Chittagong. The Court allowed the respondents four weeks to respond but it is now over 9 months since this rule was passed and the respondents are yet to come up with any answer.
The writer is Programme Officer, Bangladesh OSHE Foundation.
