Bangladesh Labour Act 2006

When it appears to a Labour Inspector that any building, or any part thereof, or any road, machinery or plant or internal electrical system of a building an establishment is in a condition which is dangerous to human life or safety, he may, by an order in writing, direct the employer to take such measures as, in his opinion, are required to be taken, within such time as may be specified in the said order.

Building360 interpretation — not legal advice: Labour Inspectors have the authority to order remedial action when a building or its systems are found to be in a dangerous condition. This is the legal basis for the Building Safety Certificate requirement.

When it appears to a Labour Inspector that the use of any building, or any part thereof or any road, machinery or plant or internal electrical system of a building an establishment is in imminent danger to human life or safety, he may, by an order in writing, address to the employer, prohibit its use until it is properly repaired or altered.

Building360 interpretation — not legal advice: A Labour Inspector can prohibit the use of a building or any part of it if there is imminent danger. This can result in a stop-work order until the building is made safe.

Every establishment shall be provided with such means of exit including at least one alternative staircase connecting with every floor at the time of fire and requisite number of fire fighting equipments in every floor as may be prescribed by rules.

Building360 interpretation — not legal advice: Requires all establishments to have fire exits (including at least one alternative staircase per floor) and fire fighting equipment on every floor. This is one of the legal bases for the Fire Licence requirement.

If it appears to a Labour Inspector that no means of exit has been provided according to the rules mentioned in sub-section (1) or no requisite number of fire fighting equipments have been placed according to the licence given by the Fire Service Department, he may, by serving an order in writing upon the employer, inform him of the measures which in his opinion are required to be taken within the time specified in that order.

Building360 interpretation — not legal advice: Links the Fire Service Department licence to Labour Inspector enforcement. Non-compliance with fire exit and equipment requirements can result in enforcement orders.

In every establishment the door affording exit from any room shall not be locked or fastened so that the person working in the room may easily and immediately open it from inside 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.

Building360 interpretation — not legal advice: Fire exit doors must open outwards, must not be locked during work hours, and must be immediately openable from inside. This is a key requirement inspected during Fire Licence and Building Safety Certificate assessments.

In every establishment where 10 (ten) or more 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 workers may be familiar with the means of escape in case of fire and are adequately trained in the routine work to be followed in such cases.

Building360 interpretation — not legal advice: Establishments with 10+ workers above ground floor must conduct fire escape training. This is one basis for the fire drill record-keeping requirement.

In factories and establishments wherein 50 (fifty) or more workers/employees are employed, at least once in every 6 (six) months a mock firefighting drill shall be arranged and a book of records in this regards shall be maintained in the prescribed manner by the employer.

Building360 interpretation — not legal advice: Establishments with 50+ workers must conduct mock fire drills at least every 6 months and maintain a written record. This directly governs the Fire Drill Records document requirement.

Every hoist and lift in every establishment shall be (a) of good construction with sound material and adequate strength; (b) properly maintained; (c) thoroughly examined by a competent person at least once in every 6 (six) months, and a register shall be maintained containing such particulars, of every examination as may be prescribed by the rules.

Building360 interpretation — not legal advice: All lifts and hoists must be inspected by a competent person every 6 months with results recorded in a register. This is the legal basis for the Lift Registration and Lift Maintenance Log requirements.

In every establishment, the capacity of safe working load shall be clearly written down on every hoist or lift and no load beyond such load shall be carried thereon.

Building360 interpretation — not legal advice: Lifts must have their safe working load capacity clearly displayed, and this load must not be exceeded.

The following additional requirements shall be applied to hoists and lifts installed or reconstructed in an establishment after the commencement of this Act, namely: (a) where the cage is dependent on rope or chain, there shall be at least 2 (two) ropes or chains separately connected with the cage; (b) efficient devices shall be provided to support the cage together with its maximum load in the event of breakage of the ropes and chains; (c) proper automatic devices shall be provided to control the excessive speed of the cage.

Building360 interpretation — not legal advice: Post-2006 lift installations must have redundant suspension (minimum 2 ropes/chains), safety devices for rope failure, and overspeed governors.

Where in any establishment any part of the plant or machinery used in manufacturing process is operated at a pressure above the atmospheric pressure, effective measures shall be taken to ensure that the safe working pressure of such part is not exceeded.

Building360 interpretation — not legal advice: Applies to boilers and pressure vessels in factories. Effective measures include regular inspection and registration under the Boiler Act 1923.

The Government may prohibit the running of any manufacturing process using power in any building until a certificate of strength of such building by a person having such qualification and in such form, as may be prescribed by rules, is reached to the Inspector General.

Building360 interpretation — not legal advice: This section empowers the government to require a structural strength certificate before any powered manufacturing can operate in a building. This is the direct legal basis for the Building Safety Certificate (DIFE) requirement.

In every establishment the first-aid box or cupboard equipped with the contents prescribed by rules shall be provided to be readily accessible during all working hours. The number of such box or cupboard shall not be less than one for every 150 (one hundred and fifty) workers ordinarily employed in the establishment.

Building360 interpretation — not legal advice: Every establishment must have at least one first-aid box per 150 workers, accessible during all working hours and maintained by a trained person.

An employer shall, at least 15 (fifteen) days before starting work or business in his establishment, send a notice relating thereto to the Inspector General, and such notice shall contain the following information or particulars, namely: (a) name and location of the establishment; (b) name and address of the employer; (c) mailing address of the establishment; (d) nature of work or business to be carried on in the establishment; (e) nature and quantity of power to be used; (f) name of the manager of the establishment; (g) number of workers likely to be employed in the establishment; (h) such other particulars as may be prescribed by rules.

Building360 interpretation — not legal advice: Every employer must notify the Inspector General (DIFE) at least 15 days before starting operations. This notice is a prerequisite for factory registration and licence.

The Government may (a) require that previous permission in writing be obtained in the manner prescribed by rules from the Inspector General for the construction, establishment or extension of any factory or class of factories; (b) require for registration of any factory or class of factories or for obtaining license therefore or renewal thereof in such manner and on payment of such fees as may be proscribed by rules.

Building360 interpretation — not legal advice: This is the primary legal authority for the factory licence and registration requirement. The Inspector General (DIFE) must approve factory construction plans and issue the factory licence.

If, in accordance with the provisions of sub-section (1), an application for permission accompanied by the plans is sent to the Inspector General and no order or direction of the Inspector General is communicated to the applicant within 3 (three) months from the date of its receipt by him, the aggrieved owner of the establishment may, within the following 30 (thirty) days, apply to the Government seeking relief.

Building360 interpretation — not legal advice: If DIFE does not respond to a factory licence application within 3 months, the applicant can escalate to the Government. Note: Unlike the BNBC building permit, there is no automatic deemed approval for factory licences.