OSH Presentation Chapter-4

7/26/2019 OSH Presentation Chapter-4

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STATE OF INSPECTION

1


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State of OSH Inspection2

Objective: To identify the strengths,capacities and weaknesses ofinstitutions in general and the inspection

in particular involved in promotingoccupational safety and health

Methodology: Secondary literature review

Key nformant nterviews Stakeholder !iscussion


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The nstitutional Setting3

The Directorate has been upgraded to a full-fledged department of the

government Department of Inspection for Factories and Establishment.

All factories except those in the EPs are under the purvie! of the DIFE

monitoring and enforcement. For factories in the EPs" the Department of

Industrial #elations $DI#% operates as a substitute.

The inspection of factories and establishments" and prosecution againstviolations of labour la!s in courts are prerogatives of DIFE.

Functions include

inspection of factories and establishments" prosecution against the violations

of labour la!s in different courts&

approval of la'-out plans" construction and extension of factories"

issue of registration and licenses&

(rant exemption from operation of different provisions of labour la!s

liaison !ith sta)eholders on enforcement of labour la!s&

assistance to the government in formulation of policies and labour la!s


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Organizational setup4

The DIFE !ith its three !ings$i% safet' $accident prevention and compensation%& $ii% health $health and

safet'" maternit' and !elfare benefits%& and $iii% general $!or)ing hours" leave and rest" !age and

emplo'ment contract%monitor the enforcement of legal provisions regulating !or) and !or)place.

The Inspector (eneral $I(% is assisted b' an Additional Inspector (eneral $AI(%" four *oint Inspector

(eneral $*I(%" four Deput' Inspector (eneral $DI(% and some other officers and staffs comprising of +,

posts at ead uarter and he is also supported b' /0 district offices situated in six divisions of the countr'.

In /121 total manpo!er strength !as increased to 02, !here numbers of inspectors from three !ings !ere

2+,. Among them number of 34 Inspectors !ere 56.

The current total manpo!er strength of 02, has been increased to 660 !ith 786 ne! posts in the

expansion scheme. In the latest set up" number of Inspectors are 585 out of !hich number of 34

Inspectors are /1/.

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#dditional "

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Organizational setup

3ut of 660 sanctioned posts number of class I staff are /25" class II 075" class III/17 and class I9 are /18

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The district offices headed b' a DI( in each district unit directl' conduct field level

administration and application of the :;A.

For enforcement and execution of the provisions of the :;A to !hich the Inspectors

are assigned for" the' exercise full freedom of legal po!er !ithout having an'

interference or influence of the seniors" as because the Inspectors irrespective oftheir status and position are e


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Aut!orities an" Po#ers$

An Inspector possesses the po!er to enter" inspect and examine an'place or promises functioning as factories and establishments under

la!.

#ea)e examination and ena' examine or interrogate an' person in respect of matters pertainingto la!s" orders or schemes.

>a' re


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Aut!orities an" Po#ers%

Additional Discretionar' Po!ers ?If an' building or machiner' or its part seems to be dangerous to human life or safet'

or an' matter or practice !hich is unexpressed under the la! seems dangerous to

human life. Inspector ma' serve !ritten order specif'ing the measures or manner to be

adopted.

Even in case of an' imminent danger to human life $under section 72 and +5% $s%hema' serve a !ritten order prohibiting the production of the industr' instantl'.

Inspectors can ta)e sample of an' substance used or intended to be used being in

contravention of the provisions of la! or li)el' to cause harm to !or)ers $4ec. +,%.

Inspector holds the po!er of treating a routine register regarding general information of

!or)ers being permissible instead of the prescribed register of !or)ers @section 6$0% As Budicial functions" Inspector is onl' to bridge complaints !ith the court of la! under

section 026$5% regarding an' offence or violation of an' provision of la! and $s%he has

to follo! other Budicial procedures !ith testimon' in accordance !ith the provision of the

C#PC.


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Aut!orities an" Po#ers&

;imitation to !hich the inspectors are subBected toInspector approves the notice of !or)s under section 222$+% and the factories

la' out plan $not the structural design% under section 0/7 of the Act. The structural design is supported to be approved b' the authorit' acting under the

ational :uilding Code. :ut accusing the DIFE" it is sometimes !rongl' interpreted in

absence of proper clarification in the :;A. In order to avoid such misinterpretationsregarding a)sa definitions of both ;a' out Plan and structural design under

section 0/7 should be inserted in the definition clause of section / of the :;A.

The matter of Indemnit' as stated in section 005 seems not a sufficient safeguard

for the Inspectors. In the section as stated the perception of ?good faithG being a

relative term ma' be !rongl' presented or clarified b' the defendant. 4ome statutor' bod' $li)e supreme Administrative :od'HCouncil% ma' be framed afterenacting such provisions in this regard to examine an' controvers' arising out from

?good faithG of the acting Inspectors.


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Process of Inspection'

(enerall' inspection is of t!o categories. 3ne is ordinar' or routine inspection and another is special visit.

4pecial visit depends on the follo!ing factors $a% follo! up visit& $b% complaints&

$c% accident or occupational diseases& $d% labour crisis& $d% surprise visit for

chec)ing overtime" night !or)" child emplo'ment etc& $e% collection of social data&

and $f% special assignment. A factor' or establishment is mainl' inspected in four areasbuilding securit'" fire

securit'" electrical securit' and general securit'.

A factor' building is assessed !ith 211 mar)s in total !here building securit' has

ten issues !ith /1 mar)s" fire securit' has eight issues !ith 27 mar)s" electricit'

securit' has t!elve issues !ith /, mar)s and general securit' has t!ent' issues!ith ,1 mar)s.

Each issue is mar)ed !ith satisfactor' $/%" some!hat satisfactor' $2% and not

satisfactor' $1%. Each sector has individual letter grading !ith A $4atisfactor'%" :

$4ome!hat 4atisfactor'% and C $ot 4atisfactor'%. 4ame letter grading is also

applicable for the overall grading !ith A $+5-211%" : $81-+,%" C $76 or less%.


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#ction +rocedure1(

In case of non-compliance or violation of provisions of la! the o!ners areal!a's advised verball' for rectification !hich is follo!ed b' a !ritten notice

as)ing the o!ner to rectif' the infringements of la! !ithin a prescribed time limit.

A cop' of the inspection report simultaneousl' sent to the ead 3ffice. If the

o!ner responds positivel' and ta)es necessar' measures to!ards compliance it

is follo!ed up for verification. If during inspection it is found that there is an imminent threat to the safet' on

account of an' building" machiner' or process" the inspector serves a !ritten

order to stop the !or) totall' or in part.

Jhere there is no compliance report from the o!ner !ithin the prescribed timeand !here the violations are of serious nature" or !here the violations" though

minor" are found to have been repeated b' the o!ner" legal proceedings is

instituted against the o!ner.


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&uman and (ogistical esources11

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Area)#ise *IFE Inspectors

Sanctioned Man +ower

OS& nspector

7on8 OS& nspectors


12/23

&uman and (ogistical esources

12

!istribution of

manpower

#dministrators *mployees Total

/st 9lass 0nd

class

1rd

9lass

2th9lass

#pproved 0/. 05/ 03- 0-6 3319urrent 14 0- 013 .3 1.2Male

emale

1. /5 003 .2 114/ 0 /- . /5

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ctio

Present


13/23

&uman and (ogistical esources13

$eep9ar

Microbus

Motorcycle

9omputer

+rinters

(aptop

+rojector

Movie camera

:aMaintenance, conservation ) rehabilitation= 0---= />

esource collection= .0---= 00>

*IFE .u"get Allocation 2(14)1

2.---= 56>

/-.-= 0>

/3--= 2>

1.--= 6>2--= /> /--= -> .-= ->

*istri/ution of 0esource .u"get 2(14)1

Motor tra?c

nstruments ) other

accessories

9omputer ) accessories

!ecorations

Telecommunication

accessories*lectronics accessories


15/23

Training an" Capacit *eelop+entHo+e

1

7ame of the Training and Subjects +rovider !uration +articipants

eg

ul

ar

.asic Training

#bout MO(* ) !*, elevant labour

laws, inspection method, o?ce

#dministration, court procedure

!*One

@eek

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16/23

Training an" Capacit *eelop+entHo+e

1$

7ame of the Training and Subjects +rovider !uration +articipan

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Institutional capacit /uil"ing for

*IFE

Mode of nspection, Knowledge

sharing ) acilitation Market %TOT',

OS& Training for Trainers, (abournspection management

(OB

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progra

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One

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nspector

OSH 5 inspection tec!ni6ues

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17/23

Training an" Capacit*eelop+ent A/roa"

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7ame, Subject and Status ofTraining +rovider !uration +articipant

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7ational ramework for OS&

programme

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ellowship

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weekB

year

OS&

nspectors

OS& in SM*s %discontinued' $9# and "ovtE of+hilippine

2 weeks OS&nspectors

(abour *mployment elation

in a global economy, "ender

*Cuity, and 9omparative

(abour (aw %!iscontinued'

ndian

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nspector

OS& Matters %!iscontinued' 7etherland 1 month /


18/23

Inspection Actiities1&

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*IFE InspectionTotal nspectionTotal law violation+rimary 9ase9ase in processingTotal cases


19/23

Inspection Actiities

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!haka 7arayanganj "aHipur

Mymensingh 7arshingdi Tangail

manikganj 9hittagong 9omilla

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(imitations

2(

The inspection processes are hampered b' the lo! administrative status of theinspectors in :angladeshs overall administration hierarch'.

The legal provision pertaining to penalties for labour la! violations have made the

existing enforcement institutions ineffective.

:angladeshs labour la! provides numerous provisions on penaltiesboth financial

and imprisonmentfor the violation of labour la!. imprisonment for a term up to one 'ear or fine up to T) 5111" or both for the

pa'ment of !age at a rate belo! than the rate of minimum !age&

fine up to three thousand ta)a and imprisonment up to six months" or both" based

on the severit' of accidents" for failure to give notice of accidents&

T) 21111 fine and imprisonment up to / 'ears for unfair labour practices& one 'ear imprisonment and fine up to TK 5111" or both for illegal stri)e or loc)-out.

These penalties are trul' not at all severe&

The current penalt' s'stem does not ta)e into account the need for stri)ing a balance

bet!een savings accrued b' violating labour la! provisions and cost of compliance.


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9onclusion and @ay orward

21

# strong and credible labour inspection service forensuring an eIective application of OS& and otherlabour related provisions for decent work is stilllackingE

The eIectiveness of labour law enforcement ishampered by the lack of resources to adeCuatelyinspect and carry out labour law enforcementE nthis respect the Jgure of technical or OS&nspectors seems not reasonable to mitigate the

needs of timeE #chieved knowledge of the training programmes

must be applied by the nspectors in their dailyinspection activitiesE +roper monitoring )evaluation system regarding its practicalapplication should be in !*s agendaE


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9onclusion and @ay orward22

n the !*s system there are multifarious statisticalgapsE # credible data base on diIerent issues, like information on the

Jgure of inspection, detection of infringements )discrepancies, progress or rectiJcation, court cases ) itsdisposal report, Jgure of accidents ) occupational diseases,complaints and enCuiries are essentialE

The statistical cell of the !* deserves more attention toovercome the shortfallE

The labour administration has ample of scope of

discretion in carrying out the departmental workE There is lack of accountability of the inspectors entrusted to

monitor compliance of labour laws and resolute disputesEnvestigation into any complaint and action against it largelydepends upon the discretion of the 9hief nspector or theconcerned inspector due to lacking detailed rules on what andhow to inspect factories and to resolute disputesE


23/23

23

The eIectiveness of the department has been weakened due to

lacking mechanisms to take stakeholders interests into accountEThere is no mechanism in built to listen to voices of the workers incases of work and workplace labour law violationsE

The current inspection process has been termed as LJre brigadeapproachE eacting to complaints rather than pro8active

investigation driven enforcement is the norm for the labourdepartmentE 9hange needed for a pro8active inspection activities, +artnering with the trade unions along with enhancement ofresources, power %in terms of organiHational hierarchy' andcoverage of inspections for increasing the reach andeIectiveness of enforcementE

Only inspection or enforcement seems not enough to address thesubstantial challenges remaining in the labour inspection systemE #n OS& research nstitute or a esearch 9ell need to beconsidered in the 7ational (abour nspection +olicyE

9onclusion and @ay orward

Documents

OSH Presentation Chapter-4