Accord on Fire and Building Safety in Bangladesh
The Accord on Fire and Building Safety in Bangladesh is a five-year legally binding agreement between international labor organizations, non-governmental organizations, and retailers engaged in the textile industry to maintain minimum safety standards in the Bangladesh textile industry:
The undersigned parties are committed to the goal of a safe and sustainable Bangladeshi Ready-Made Garment ("RMG") industry in which no worker needs to fear fires, building collapses, or other accidents that could be prevented with reasonable health and safety measures.
The accord was signed by the first group of companies in May 2013 and numerous companies joined later. In October 2013, it was announced that 1,600 Bangladeshi factories were covered by the accord, representing about 1/3 of the Bangladeshi textile industry.
Creation of the accord
The accord was sponsored and created by the IndustriALL Global Union and the UNI Global Union in alliance with leading NGOs, the Clean Clothes Campaign and the Workers Rights Consortium. It is an expanded version of an earlier 2-year accord that had been signed only by PVH and Tchibo.
Following the 2013 Savar building collapse on 24 April 2013 that resulted in over 1,100 deaths, there was wide global interest by both the consuming public and clothing retailers in establishing enforceable standards for fire and building safety in Bangladesh. The German government sponsored a meeting of retailers and NGOs at the beginning of May, and the meeting set a deadline of midnight of May 16, 2013 to sign up to the agreement. Numerous companies had signed up by the deadline, covering over 1,000 Bangladeshi garment factories.
In addition to schemes of building inspection and enforcement of fire and safety standards the accord requires that contracts by international retailers with Bangladesh manufacturers provide for compensation adequate to maintain safe buildings. Retailers agree to continue to support the Bangladesh textile industry despite possible higher costs. It is estimated that the total cost may be $1 billion, about $500,000 per factory. Close cooperation with the International Labour Organization and the government of Bangladesh is required. A steering committee which governs the accord is established as are dispute resolution procedures such as arbitration. The accord calls for development of an Implementation Plan over 45 days.
Rival American plan
Most North American retailers did not sign the accord. Companies like Gap Inc. and Walmart cited liability concerns. According to spokespersons for the retail industry, American courts, which allow class actions, contingent fees, and do not require losing plaintiffs to pay legal fees, might permit liability claims against retailers in the event of another disaster which might result in substantial enforceable judgments, in contrast to European courts which generally do not allow class actions, forbid contingent fees, and require losing plaintiffs to pay winning defendants' legal fees and costs. However, as John C. Coffee, professor of corporate law at Columbia Law School, pointed out, Kiobel v. Royal Dutch Petroleum Co. might apply thus foreclosing suits by Bangladesh workers under the Alien Tort Claims Act, but this seems unlikely. It is more likely that liability would be based on contract law.
On July 10, 2013, a group of 17 major North American retailers calling themselves the Alliance for Bangladesh Worker Safety announced the Bangladesh Worker Safety Initiative. The Initiative drew criticism from labor groups who complained that it was less stringent than the Accord and lacked legally binding commitments to pay for improvements.
- First paragraph of the text of the accord "Accord on Fire and Building Safety in Bangladesh" May 13, 2013 accessed May 23, 2013
- "Bangladesh safety accord covers 1/3 of garment factories". CBC News. 4 October 2013.
- "Major Retailers Join Bangladesh Safety Plan". The New York Times. May 13, 2013.
- "We made it! – Global Breakthrough as Retail Brands sign up to Bangladesh Factory Safety Deal 16.05.2013 The world’s leading retail labels commit to the Accord on Fire and Building Safety in Bangladesh before the midnight deadline. The Accord now covers more than 1000 Bangladeshi garment factories. Implementation starts now!". IndustriALL Global Union. May 16, 2013. Retrieved May 23, 2013.
- Steven Greenhouse (May 22, 2013). "U.S. Retailers See Big Risk in Safety Plan for Factories in Bangladesh". The New York Times. Retrieved May 23, 2013.
- "Accord on Fire and Building Safety in Bangladesh" May 13, 2013 accessed May 23, 2013, sections 22 and 23 of the accord: "...participating brands and retailers will negotiate commercial terms with their suppliers which ensure that it is financially feasible for the factories to maintain safe workplaces and comply with upgrade and remediation requirements instituted by the Safety Inspector."
- "Global brands pull together on Bangladesh safety deal". IndustriALL press release. 23 May 2013.
- "Who has signed the Bangladesh safety accord - update". Just Style. 29 October 2013.
- Steven Greenhouse & Stephanie Clifford (July 10, 2013). "U.S. Retailers Offer Plan for Safety at Factories". The New York Times. Retrieved July 10, 2013.
- Clifford, Stephanie; Steven Greenhouse (September 2, 2013). "Fast and Flawed Inspections of Factories Abroad". The New York Times. p. A1 ff.