(b) secure payment of adequate compensation to the workers injured in the KTS fire and to the
dependents of the deceased; (c) inspect all garment factories in Dhaka, Chittagong and
Narayanganj to ensure compliance with fire safety measures; and (d) ensure appropriate
protective measures in all garment factories. The Court directed the respondents to submit their
reports within three weeks and present accounts of the compensation amount paid to the victims
or their dependents49.
In addition to, chapter VII of the Act laid down provisions regarding the health as well as safety
for the employees in the commercial and industrial establishments. The Act sets some
occupational health and safety standards for the workers which includes, inter alia, notification
to the workers of the hazardous and harmful operations, of certain accidents and dangerous
occurrences happened to their workplaces; prohibition of women workers from working in
motion of any part of the machinery, or at dangerous machine and underground and under water.
To this end, the Act authorizes the government to declare any operation that exposes workers to
a serious risk of bodily injury, poisoning or disease to be hazardous and to make rules for
securing the safety of the workers employed on factory or industrial establishments.
In case of any accident, any explosion, fire, forceful entrance of water or fumes as a result of
accident occurring in an establishment or where any disease mentioned in second schedule of the
BLA, 2006 is visible, then the government may appoint a competent person to enquire into the
causes thereof. The person so appointed to hold an enquiry shall have all the powers of a civil
court under the Code of Civil Procedure, 1908 for the purpose of enforcing the attendance of the
witnesses and compelling the production of documents and material objects.
In the case of employment of adolescent and women in certain work, the Act imposes some
restrictions. As per section 39, no adolescent shall be allowed in any establishment to clean,
lubricate or adjust any part of machinery while that part is in motion or to work between moving
parts, of any machinery which is in motion. An adolescent shall not be allowed to work at any
machine unless (i) he has been fully instructed as to the dangers arising in connection with the
machine and (ii) has received sufficient training in work at such machine.
To ensure the safety in general and occupational health safety in particular, the Act requires
employers of the establishments where 5,000 or more workers are employed, to arrange a Health
49
Writ Petition No. 6070 of 1997.