Workplace Safety
Law ... too little too late

Bangladesh Finds Gross Negligence in Factory Fire

Burgess COMMENTARY

Peter Burgess

Bangladesh Finds Gross Negligence in Factory Fire

IMAGE Khaled Hasan for The New York Times The Tazreen Fashions factory after the fire. More Photos »

DHAKA, Bangladesh — Criminal charges for “unpardonable negligence” should be brought against the owner of the Bangladesh garment factory where a fire killed 112 people last month, according to a preliminary report from a government inquiry submitted Monday.

The owner of the Tazreens Fashions factory and midlevel managers prevented employees from leaving their sewing machines even after a fire alarm sounded, according to government inquiry.

“The owner of the factory cannot be indemnified from the death of large numbers of workers from this fire,” Main Uddin Khandaker, the official who led the inquiry, said in an interview. “Unpardonable negligence of the owner is responsible for the death of workers.”

The Nov. 24 fire at the Tazreen Fashions factory, where workers were making clothes for global retailers like Walmart and Sears, has focused attention on the unsafe work conditions and low wages at many garment factories in Bangladesh, the No. 2 exporter of apparel after China. The fire also has exposed flaws in the system that monitors the industry’s global supply chain: Walmart and Sears say they had no idea their apparel was being made there.

Mr. Khandaker submitted a 214-page report to Bangladesh’s Home Ministry on Monday, blaming the factory owner, Delowar Hossain, for negligence and saying that nine of his midlevel managers and supervisors prevented employees from leaving their sewing machines even after a fire alarm sounded.

Mr. Hossain could not be reached for comment.

The report also stated that the fire was “an act of sabotage,” but it did not provide any evidence.

Some labor advocates found that explanation unconvincing. “They don’t say who did it, they don’t say where in the factory it was done, they don’t say how they learned it,” said Scott Nova, executive director of the Worker Rights Consortium, a monitoring group in Washington. “Regardless of what sparked the fire, it is clear that the unsafe nature of this factory and the actions taken by management once the fire started were the primary contributors to the horrendous death toll.”

Bangladeshi officials have been under intense domestic and international pressure to investigate the blaze and charge those deemed responsible. Families of the victims have demanded legal action against Mr. Hossain. Labor advocates have argued that the global brands using the factory also shared in the responsibility for the tragedy.

Fires have been a persistent problem in Bangladesh’s garment industry for more than a decade, with hundreds of workers killed over the years. Mr. Khandaker said his inquiry recommended the creation of a government task force to oversee regular inspections of factories and uphold the rights of workers.

Bangladesh has more than 4,500 garment factories, which employ more than four million workers, many of them young women. The industry is crucial to the national economy as a source of employment and foreign currency. Garments constitute about four-fifths of the country’s manufacturing exports, and the industry is expected to grow rapidly.

But Bangladesh’s manufacturing formula depends on keeping wages low and restricting the rights of workers. The minimum wage in the garment industry is $37 a month, unions are almost nonexistent, and garment workers have taken to the streets in recent years in sometimes violent protests over wages and work conditions.

Workers at Tazreen Fashions had staged small demonstrations in the months before the fire, demanding wages they were owed. On the night of the fire, more than 1,150 people were inside the eight-story building, working overtime shifts to fill orders for various international brands. Fire officials say the fire broke out in the open-air ground floor, where large mounds of fabric and yarn were illegally stored; Bangladeshi law requires that such flammable materials be stored in a room with fireproof walls.

The blaze quickly spread across the length of the ground floor — roughly the size of a football field — as fire and toxic smoke filtered up through the building’s three staircases. The factory lacked a sprinkler system or an outdoor fire escape; employees were supposed to use interior staircases, and many escaped that way.

But on some floors, managers ordered workers to ignore a fire alarm and stay to work. Precious minutes were lost. Then, as smoke and fire spread throughout the building, many workers were trapped, unable to descend the smoke-filled staircases and blocked from escape by iron grilles on many windows. Desperate workers managed to break open some windows and leap to the roof of a nearby building and safety. Others simply jumped from upper floors to the ground.

“We have also found unpardonable negligence of midlevel officials at the factory,” Mr. Khandaker said. “They prevented workers from coming down. We recommend taking proper legal measures against them.”

Mr. Khandaker listed a host of violations at Tazreen Fashions: managers on some floors closed collapsible gates to block workers from running down the staircases, the ground-floor warehouse was illegal and the building’s escape plan improper, and the factory lacked a required closed-circuit television monitoring system. None of the fire extinguishers in the factory appeared to have been used on the night of the fire, suggesting poor preparedness and training.

Moreover, Mr. Khandaker said, the factory lacked a required fire safety certificate. It had applied for an annual renewal, but a certificate had not yet been issued.

Asked about the allegation of sabotage, Mr. Khandaker said that investigators had found no evidence of an electrical short circuit, and that eyewitnesses had suggested possible foul play. He said the report recommended a full criminal investigation into the matter.

“It seems to us that it was sabotage,” he said. “Somebody set the fire.”

A version of this article appeared in print on December 18, 2012

More

• Documents Reveal New Details About Walmart’s Connection to Tazreen Factory Fire (December 11, 2012)
• Documents Indicate Walmart Blocked Safety Push in Bangladesh (December 6, 2012)
• The Human Price: Horrific Fire Revealed a Gap in Safety for Global Brands (December 7, 2012)