Legal remedies for workers injured in factory fires

Fire accidents are nothing new in Bangladesh. They are happening somewhere every few days, so much so that more than 600 workers have died in fires in Bangladesh since 2006.

Even this month, we have already seen two massive fire breakouts in the capital's Bangabazar and New Market. As a result, public safety has been disrupted. alongside economic losses being extensive.

According to fire service statistics, in 2012, 210 people died and 803 were injured in various factory fires in the country. 161 died and 1,471 were injured in 2013. 70 died and 250 were injured in 2014. Similarly, in 2015, 68 people died in fire incidents. 

In 2016, 52 people died in 1165 fire incidents. 45 people died in 1,019 industrial fires in 2017. In 2018, 130 people died due to fire in 1,131 accidents.  134 people died in 997 fire incidents in 2019. In 2020, 153 people died in 756 fire incidents.  

According to the data, 142 people died in fire incidents in 2021 alone. Most of them were day labourers, out of which 57 were male and 85 were female.

In almost all cases of factory fires, one thing that can be observed is that the owners describe it as an accident. But workers were unwilling to accept such a defence from the owners. In all cases, the workers blamed the fires on negligence on the part of the owners. 

In such cases, if the allegations of the workers are true, then the employers can be brought under the law under the Labor Act 2006 (amended in 2013 and 2018). What sort of safety measures need to be taken in a factory is mentioned in the labour law. 

Failure to ensure factory safety carries a provision of imprisonment under Section 302 of the Labor Act.  Section 150 of this Act mentions that if a worker sustains a bodily injury as a result of an accident arising out of the course of employment, the employer shall be liable to compensate him in accordance with the provisions of this Labor Act.

Section 290 of the Labor Act states that if there is a possibility of an accident in the factory, the authorities must inform the workers by giving notice. If notice is not given in violation of this provision of the Act, if any accident occurs, the accused shall be punished as per the said provision.

Section 312 of the Labor Act states that if any company, statutory body, or firm commits an offence under this Act, any director, partner, manager or working officer or representative actively involved in the said establishment shall be deemed to have committed the said offence unless he proves that the crime was not committed with his knowledge or consent or that he tried his best to prevent it.

In addition to the Labor Act, there are provisions for prosecution under the Criminal Code in such cases. There is a provision of punishment if the owner's negligence is proved in accidents and loss of life. 

According to criminal law, if the affected workers or their families believe that there is any criminal activity involved in the fire incident, they can take legal recourse. But the big question is deciding who will be prosecuted. If the workers feel that the employer is at fault and the accident occurred due to their negligence, the employer can be sued under any of the labour laws and criminal laws.

Finally, we all need to be aware if we want to survive the fire. Fire is called omnivorous. As a result of the fire, assets worth billions and valuables built up over a lifetime get burnt to ashes. And needless to mention, the massive loss of human lives as well. 

The writer has done his  LLB (Hons) & LLM from the University of Asia Pacific in Dhaka. 

Disclaimer: The views and opinions expressed in this article are those of the author and do not necessarily reflect the opinions and views of The Business Standard.