Introduction:

The construction law is a legal framework of construction projects, and it covers other areas like contracts, regulations, dispute resolution, and compliance. It entails different parties such as the employers (principals), contractors, and, workers, as in any project. Different capabilities and resources required for the project’s success are brought to the table by the different parties. In Bangladesh, regulations like the Bangladesh National Building Code, 2020, and also the Bangladesh Labour Act 2006 are aimed at setting up structures and rules of labor protection in a potentially hazardous industry faced with the increasing rate of accidents, informal employment, privacy issues, and sub-standard payment. In order to establish elements that shield construction workers against the risks that are inseparable from their profession, the law contains regulations that guarantee reasonable compensation, regulate hours of work, and offer opportunities for social security and collective bargaining within the construction industry[1].

 

Rights of Workers under Construction Law

In a construction project, the terms of the contract between the employer and the contractor, and between a worker, shall be clearly defined and put in writing. Responsibilities relating to safety and the rights of workers are shared among various parties in a construction project, although the employer stands as the main legal responsibility bearer[2]. The direct employer of the workers is the main contractor who is supposed to observe the Bangladesh Labour Act 2006 and other regulations. This involves the provision of a safe working environment. Although there could be some subcontracting, the primary contractor remains in charge of labor laws in the work location. Safety of the workforce applies to contractors and subcontractors who also have to comply with the protocols in coordination with the main contractor. The Bangladesh National Building Code, 2020, fixes the minimum requirements of building design and construction in Bangladesh, encompassing safe construction practices and the welfare of the workers[3][4].

 

Workplace Safety Issues in the Bangladesh Construction Industry

Bangladesh Occupational Safety, Health and Environment (OSHE) foundation revealed that in 2023, 329 workers died in construction workplaces. During this period, 148 of them sustained injuries in their respective workplaces[5]. In spite of having regulations and legislation, this number is quite alarming. The Supreme law, the Constitution of the People’s Republic of Bangladesh, possesses several rudimentary rights for the working masses and laborers. Along with it, BNBC establishes the minimum standards for design and construction for all buildings in Bangladesh and has provisions on safe construction practices and labor welfare under Part VII of the code.  This part of the Code provides the minimum requirements for safe construction operations. It also describes precautionary measures to be adopted to ensure the safety of the public, environment, and infrastructure, property, workmen, materials, services, plant, and equipment[6]. The regulations stated in this part cover the construction responsibilities and practices in building sites, and the safety of personnel during construction operations.

 

Legal Framework Governing Worker Safety

Although the safety laws are specific in the BNBC 2020, safety rules in the Bangladesh construction industry are widely flaunted. In fact, the practice is to work without fall protection in the workplace, which results in the slabs, wall openings, staircases, among other risky solutions, left unprotected, which has led to increased deaths. Laborers are regularly exposed to serious injury and skin diseases as well as impoverishing their families since contractors often fail to provide the personal protective equipment, including safety boots, safety helmets, gloves, and safety jackets that are required to be provided under Part VII of Chapter 3 of the BNBC. Painters, tile cutters, and other workers may have no eye, respiratory, or hand protection and thus risk becoming permanently blind and suffer other severe injuries due to airborne shards and particulates[7]. There is negligible fall protection during the installation of stairs and lifts, and the available safety belts are hardly used, enhancing the probability of a death accident. There is no skin protection or eye protection during welding, making workers prone to burns, possible skin cancer, or eye injury. Those that come as electrical hazards are also frequent because of exposed wiring and a lack of proper protection. As to electrocutions, statistics provided by the government have also been documented, wherein thousands of people have been killed or have been left permanently disabled due to electrocution. It may be true that in part VII of the code, it abbreviates to equipment maintenance, and despite these precautions, an accident does occur, the employer must take responsibility for properly treating the workers[8]. To add to these risks, injured employees are not usually given any treatment, and they fail to get any recovery fee, which means that they have to stay in hospitals at their own cost. So far as some rules, like the Bangladesh Labor Act, 2006, and the International Labor Organization, have established the safety of the workers as well. The main piece of legislation about worker safety in Bangladesh is the BLA which provides a structure regarding working hours, overtime, and leave[9]. Under the Act, basic safety measures are mandatory on the part of employers. The ILO, on the contrary, establishes criteria of safety in the workplace[10].

 

Enforcement Gaps and Challenges

Despite such laws existing in Bangladesh, monitoring and enforcing safety in construction is still a big challenge due to confusion regarding enforcement authority, a shortage of manpower in enforcing agencies, and a lack of a national safety certification and licensing program for engineers, contractors, and workers.  The Bangladesh National Building Code (BNBC) 2006 requires owners to comply with safety rules but lacks a clear legal process for enforcement. And there is a scarcity in enforcing agencies. Many workers are hired by contractors rather than building owners, which eventually leaves them outside the direct protection of safety requirements. In these circumstances, only strengthening enforcement by increasing the number of inspectors, introducing mobile inspection units, and empowering them with real-time penalty authority can make a bigger change. Also, there could be measures like introducing mandatory training programs for the workers before being deployed to hazardous tasks, standardizing and raising accident compensation rates, and making the employer liable for workplace safety[11]. Conducting public awareness drives and mandatory quarterly safety audits of construction sites can also be helpful for mitigating the risks.

 

Proposed Measures for Strengthening Worker Safety

Construction industry in Bangladesh exists in a legal environment, which is comprehensive. This is in line with the right of the worker as it entrenches in specific terms that the Labour Act demands physical safety and protection equipment and injury protection cover in the workplace, and the Building Code realizes the provision of measures extending to a domestic site to attend the work accident requirements of falls or injuries involving machinery. The provisions also aim at shielding the rights of workers to obtain secure, equitable, and decent labor, particularly running an industry that is accident-prone, where informal labor prevails, and the rights are not adequately protected. Nevertheless, workplace accidents and deaths regularly occur in the industry at a high rate, meaning that enforcement and compliance remain lacking. Along with some other factors, the lack of effective application of the necessary safety precautions, such as personal protective equipment and fall protection systems, can be considered one of the primary factors causing such safety concerns. Besides, the observing and enforcing system is quite weak and cannot work efficiently to ensure worker safety[12][13].

 

Conclusion

In order to address these issues properly, one should pay more attention to enforcement and use additional resources to implement inspections and compulsory training systems among employees. The regular audits of the safety and standardization of the compensation for accidents in the workplace can also be crucial in enhancing the level of safety. Barring workers, Bangladesh can better safeguard its workforce by encouraging cooperation between different parties involved, leveraging accountability to enhance the involvement of those involved in the construction industry in the name of safeguarding their wellbeing and ensuring their safety, and developing a culture of compliance and accountability within the construction industry.