The State has the fundamental responsibility to ensure medical care for all citizens under Article 15(a) of the Constitution of Bangladesh. Taking that into consideration, in the last decade the government of Bangladesh has taken multiple initiatives to address some of the shortcomings in the laws that previously hindered ensuring Occupational Healthcare and Safety. There has been an amendment of the Labour Act 2006 in 2013, along with the adaptation of the National Occupational Safety and Healthcare Policy 2013 and the Bangladesh Labour Rules 2015 (Hereinafter 'BLR'). The guidelines provided under these laws ensure various healthcare rights of all workers.
Firstly, with workplace injury, the Labour Act 2006 and BLR contain provisions that are placed to make sure workers and employees do not suffer injustice. Employers are obligated to provide and supervise treatments to the employees for an injury that occurred in an accident during the course of their employment. Following the BLR, the employee has to serve notice of the accident to the Labour Court, and they would be entitled to be examined by a registered medical practitioner at the expense of the employer, within 3 days of serving the notice. If the accident is of grave nature, the employer must make arrangements for the employee to be examined at their location. While in the service of an employer for a continuous period of not less than 6 months, if an employee is affected by an occupational disease in relation to the employment, the illness is to be considered as a workplace injury by accident, unless the employer proves otherwise. The paid treatment shall continue till the employee is fully cured.
Employers are also advised to introduce and implement an insurance scheme against workplace accidents under group insurance for all employees if the number of employees is 10 or more. The benefits or money received from such an insurance scheme shall be spent on the treatment of the workers.
In addition to medical treatments, employees are also entitled to compensation. The details in relation to the compensation, including the amount of compensation and the method of paying, have been provided under sections 150 to 157 of the Labour Act 2006. Employers are also obligated to pay compensation if the workplace injury turns out to be fatal and causes death of the employee, details of which are provided in sections 158 and 159.
Healthcare rights entail primary aid. Under section 89 of the Labour Act 2006, all establishments must keep a first-aid box or cupboard which must be readily accessible to all during working hours. The contents of it are enlisted under Section 76 of the BLR with the contents slightly varying with the increasing number of employees. For more than 300 employees, the organization must have a sick room with a dispensary - the content prescribed under section 77 of BLR - and it is to be managed by a medical practitioner and nursing staff.
A permanent medical center or health center must be built within the establishment if the number of employees exceeds 5000. Section 78 of BLR provides the guidelines for necessary facilities which mention the required appointment of at least three physicians for more than 7500 employees, with one of them being a female physician. For each of the physicians, a trained Nurse and an able Dresser with minimum quality must be available. Free medication and food must also be provided to employees under treatment. A welfare officer must be appointed if the number of employees is over 500.
Additionally, the employers are obligated to provide a Rest Room for the employees if the number crosses 50. It must be facilitated with a space to have food and take rest, along with the availability of drinking water - during hot summers, cooling potable water must be available for establishments that employ more than 250 employees. If the number of female employees is over 25, separate Rest Rooms for male and female must be provided.
Following section 116 of the Labour Act 2006, all employees are entitled to fully paid sick leave for a total of 14 days in a calendar year. For such a leave to be granted, a registered medical practitioner must examine and certify that the employee is indeed sick. The practitioner may or may not be one appointed by the employer. Also, such a leave cannot be accumulated and carried forward in the succeeding years.
In light of the recent enactment of the law in Spain that allows paid menstrual leave, Bangladesh is very much behind on female healthcare rights. However, the law entitles female employees to certain maternity healthcare rights. If the female employee has been in employment for at least 6 months preceding the day of her delivery, the employer is liable to pay maternity benefits for 8 weeks prior to and after the delivery. The employer must also allow a maternity leave of 8 weeks following the delivery and must not engage the female employee in any task that may negatively affect her or her unborn child's health, within 10 weeks preceding the delivery. In every establishment, where 40 or more female workers are ordinarily employed, one or more suitable rooms shall be provided and maintained for the use of their children who are under the age of 6 years.
Healthcare rights of all employees entitle them to a safe working environment. Under The Bangladesh Penal Code 1860, an employer will be criminally liable for making the atmosphere toxic or harmful to health, and for being negligent with respect to poisonous substances, explosive substances, machinery, or repairing buildings. To ensure a safe working environment, the employer is obligated to fulfill specific guidelines. Firstly, a Safety Committee must be formed if the establishment has more than 50 employees - the process of formation and the functions of which has been provided in the BLR. All possible precautions against a fire hazard must also be ensured. It also falls under the employers' obligations to identify safety and health risks, and also to take steps to raise awareness among the employees.
The writer is a Research Intern in the Research wing at A.S & Associates
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
