BetterWork: 14ème Rapport de Synthèse Biannuel Sous la Législation HOPE II Haïti

14th Biannual Synthesis Report Under the HOPE II Legislation Haiti 16 APRIL 2017 Copyright © International Labour Organization (ILO) and Inter- national Finance Corporation (IFC) April 2017 Publications of the ILO enjoy copyright under Protocol 2 of the Universal Copyright Convention. Nevertheless, short excerpts from them may be reproduced without authorization, on condition that the source is indicated. For rights of reproduction or translation, application should be made to the ILO, acting on behalf of both organizations: ILO Publications (Rights and Permissions), International Labour Office, CH-1211 Geneva 22, Switzerland, or by email: pubdroit@ilo.org. The IFC and ILO welcome such applications. Libraries, institutions and other users registered with reproduc- tion rights organizations may make copies in accordance with the licences issued to them for this purpose. Visit www.ifrro.org to find the reproduction rights organization in your country. ILO CATALOGUING IN PUBLICATION DATA Better Work Haiti 14th Synthesis Report under HOPE II Legislation International Labour Office synthesis report / labour law / hope legislation / haiti / garment April 2017 The designations employed in this, which are in conformity with United Nations practice, and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IFC or ILO concerning the legal status of any country, area or territory or of its authorities, or concerning the delimitation of its frontiers. The responsibility for opinions expressed in signed articles, studies and other contributions rests solely with their authors, and publication does not constitute an endorsement by the IFC or ILO of the opinions expressed in them. Reference to names of firms and commercial products and processes does not imply their endorsement by the IFC or ILO, and any failure to mention a particular firm, commercial prod- uct or process is not a sign of disapproval. ILO publications can be obtained through major booksellers or ILO local offices in many countries, or direct from ILO Publica- tions, International Labour Office, CH-1211 Geneva 22, Switzer- land. Catalogues or lists of new publications are available free of charge from the above address, or by email: pubvente@ilo.org Visit our website: www.ilo.org/publns Cover photo: ©ILO/IFC Printed by ILO Copyright © International Labour Organization (ILO) and International Finance Corporation (IFC) (2017) First published (2017) Publications of the ILO enjoy copyright under Protocol 2 of the Universal Copyright Convention. Nevertheless, short excerpts from them may be reproduced without authorization, on condition that the source is indicated. For rights of reproduction or translation, application should be made to the ILO, acting on behalf of both organizations: ILO Publications (Rights and Permissions), International Labour Office, CH-1211 Geneva 22, Switzerland, or by email: pubdroit@ilo.org. The IFC and ILO welcome such applications. Libraries, institutions and other users registered with reproduction rights organizations may make copies in accordance with the licenses issued to them for this purpose. Visit www.ifrro.org to find the reproduction rights organization in your country. ILO Cataloguing in Publication Data Better Work Haiti: apparel industry 14th biannual synthesis report under the HOPE II legislation / International Labour Office; International Finance Corporation. - Geneva: ILO, 2017 1 v. ISSN 2227-958X (web pd7f) International Labour Office; International Finance Corporation clothing industry / textile industry / working conditions / workers rights / labor legislation / ILO Convention / international labor standards / comment / application / Haiti 08.09.3 The designations employed in this, which are in conformity with United Nations practice, and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IFC or ILO concerning the legal status of any country, area or territory or of its authorities, or concerning the delimitation of its frontiers. The responsibility for opinions expressed in signed articles, studies and other contributions rests solely with their authors, and publication does not constitute an endorsement by the IFC or ILO of the opinions expressed in them. Reference to names of firms and commercial products and processes does not imply their endorsement by the IFC or ILO, and any failure to mention a particular firm, commercial product or process is not a sign of disapproval. ILO publications can be obtained through major booksellers or ILO local offices in many countries, or direct from ILO Publications, International Labour Office, CH-1211 Geneva 22, and Switzerland. Catalogues or lists of new publications are available free of charge from the above address, or by email: pubvente@ilo.org Visit our website: www.ilo.org/publns 1 BETTER WORK HAITI - 14 TH SYNTHESIS REPORT Acknowledgements Better Work Haiti is supported by the US Department of Labor. Core donors to Better Work are: Netherlands Ministry of Foreign Affairs, Swiss State Secretariat for Economic Affairs (SECO), Danish International Development Agency (DANIDA), Australian Department of Foreign Affairs and Trade and the US Department of Labor. Funding is also provided by DFID, French Ministry of Labor, Employment, Vocational Training and Social Dialogue; Employment and Social Development Canada; Human Resources and Social Development Canada; Irish Aid; German Federal Ministry for Economic Cooperation and Development; GIZ; Royal Government of Cambodia, Garment Manufacturers Association in Cambodia and private sector donors, including The United States Council Foundation, Inc., Levi Strauss Foundation, Gap Inc., FUNG (1937) Management Ltd and American Eagle Outfitters, Inc., United States Council for International Business (USCIB). This publication does not necessarily reflect the views or policies of the organizations or agencies listed above, nor does mention of trade names, commercial products, or organizations imply endorsement by them. 2 BETTER WORK HAITI - 14 TH SYNTHESIS REPORT .................................................................. 14 .......... 15 ................................................................................. 25 ........................................ 36 ......................................................................... 47 8% 8% 4% 4% 4% 8% 28% 64% 16% 88% 32% 8% 20% 28% 20% 68% 72% 88% 24% 84% 84% 84% 12% 60% 36% 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% Child Labourers Documentation and Protection of Young Workers Hazardous Work and other Worst Forms Gender Race and Origin Religion and Political Opinion Bonded Labour Coercion Forced Labour and Overtime Prison Labour Collective Bargaining Freedom to Associate Interference and Discrimination Strikes Union Operations Method of Payment Minimum Wage Overtime Wages Paid Leave Premium Pay Social Security and Other Benefits Wage Information, Use and Deduction Contracting Procedures Dialogue, Discipline and Disputes Employment Contracts Termination Chemicals and Hazardous Substances Emergency Preparedness Health Services and First Aid OSH Management Systems Welfare Facilities Worker Accommodation Worker Protection Working Environment Leave Overtime Regular Hours Child Labour Discrim ination Forced Labour Freedom of Association and Collective Bargaining Compensation Contracts and Human Resource s Occupational Safety and Health Workin g Time Non-compliance rate (n=25) Chart 1: Non-compliance rates for 25 factories assessed between April 2016 and March 2017 over two Better Work cycles          5 6 9 10         BETTER WORK HAITI – 14TH SYNTHESIS REPORT Factor y : Caribbean Island A pp arel S.A. Location: Port-au-Prince Number of workers: 2261 Date of re g istration: Se p -09 Date of last two Better Work Dec-16 Jan-16 Advisor y and Trainin g Services 11-Aug-16 Industry Seminar on Self-Reporting 18-Aug-16 Collective Bargaining Seminar 23-Aug-16 Collective Bargaining Seminar 28-Sep-16 Industrial Relations Training 14-Dec-16 Follow up on the recent BW assessment. Discussion on key issues and review of remediation efforts to address existing non-compliance points. 08-Feb-17 PICC Meeting. Review of improvement plan. Identifying person in charge of solving each issue and deadlines. 14-Mar-17 ASSESSMENT COMPLIANCE CLUSTER COMPLIANCE POINT DETAILS OF NON COMPLIANCE IMPROVEMENT PRIORITIES REMEDIATION EFFORTS MONTHS Dec-16 Compensation Paid Leave Payments for legally mandated holidays are inaccurately calculated for piece rate workers. Ensure that the compensation for legally mandated holidays are accurate. Factory is changing the payroll system in order to correct this situation. 12 Dec-16 Compensation Paid Leave The payment for sick leaves is inaccurately calculated for piece rate workers. Ensure that sick leave payments are accurate. Factory is changing the payroll system in order to correct this situation. 12 Dec-16 Compensation Paid Leave The payment for maternity leaves is inaccurately calculated for piece rate workers. Ensure that maternity leave payments are accurate. Factory is changing the payroll system in order to correct this situation. 12 Dec-16 Compensation Social Security and Other Benefits The factory has not registered with OFATMA for maternity and health insurance services. The factory should register with OFATMA for maternity and health insurance services. The factory approached OFATMA that already sent the invoice. They are now registered. Next step is to collect and forward the payment. 12 Assessment December 2016 Factory tour to validate the OSH improvement efforts. Advisory with management on how to fill up the progress report template and the importance to include the PICC committee in the process. Dec-16 Compensation Social Security and Other Benefits The factory does not collect and forward worker's contribution to OFATMA for maternity and health insurance services. The factory should register with OFATMA for maternity and health insurance services. The factory approached OFATMA that already sent the invoice. They are now registered. Next step is to collect and forward the payment. 12 Dec-16 Occupational Safety and Health Health Services and First Aid The factory has an insufficient number of onsite medical staff. Hire more onsite medical staff in order to comply with the Haitian Labour Code. The factory had 9 nurses. One additional nurse has been hired and the factory is in a recruitment process to hire 2 more. Dec-16 Occupational Safety and Health Welfare Facilities The factory does not have the required number of toilets for the workers. Ensure an adequate number of toilets in proportion to the total workforce as stipulated by the Haitian Labour code. 42 Dec-16 Occupational Safety and Health Worker Protection Missing pulley guards on some machines. Install and maintain proper guards on all the dangerous moving parts of machines and equipment. The factory has ordered new machines and is in the process of installing pulley guards on the single needle machines. 18 Dec-16 Occupational Safety and Health Working Environment Excessive temperatures recorded in some sections within the workplace. Ensure that temperature and ventilation levels at the workplace are kept at an acceptable level. Additional fans have been added throughout the workplace and during an advisory session, the temperature levels were also verified (around 27 - 28 C) 50 Jan-16 Compensation Paid Leave Compensation for legally mandated holidays is inaccurately calculated for piece rate workers. Update the payroll system in order to calculate the payment based on average earnings instead of the minimum wage. 12 Jan-16 Compensation Paid Leave The payment for sick leaves is inaccurately calculated for piece rate workers . Update payroll system to calculate sick leave payments based on average earnings instead of the minimum wage. The payroll system was updated to meet this requirement. 48 Assessment January 2016 Jan-16 Compensation Paid Leave The payment for maternity leaves is inaccurately calculated for piece rate workers. Update payroll system to calculate maternity leave payments based on average earnings instead of the minimum wage. The payroll system was updated to meet this requirement. 48 Jan-16 Compensation Social Security and Other Benefits The factory does not collect and forward worker's contribution to OFATMA for maternity and health insurance services. Forward the workers' contributions to OFATMA for maternity and health insurance services. 48 Jan-16 Compensation Social Security and Other Benefits The factory has not registered with OFATMA for maternity and health insurance services. Pay the employer's contribution to OFATMA for maternity and health insurance services. 30 Jan-16 Occupational Safety and Health Chemicals and Hazardous Substances Unidentified chemical containers were observed in some areas. Ensure all chemicals containers are properly identified and stored. 18 Jan-16 Occupational Safety and Health Chemicals and Hazardous Substances No MSDS were available for some chemicals in the chemical storage room. Ensure that MSDS are available for thinner and KM7 in the chemical storage room. All MSDS were posted in the relevant areas. 18 Jan-16 Occupational Safety and Health Worker Protection No evidences provided indicating that the mechanics are regularly trained to use the machines safely. Regularly train workers on how to handle machines safely. Jan-16 Occupational Safety and Health Worker Protection An electrical box in Building 10 was poorly maintained and unidentified. Ensure that all electrical boxes are properly maintained and identified. All electrical boxes are properly maintained and identified. 36 Jan-16 Occupational Safety and Health Worker Protection Several electrical boxes were found without safety warnings. Post safety warnings on electrical boxes. Safety warnings have been posted in the required places. 12 Jan-16 Occupational Safety and Health Working Environment The temperature levels are over 30 C in several sections. Ensure temperature levels are under 30 C. Additional exhaust fans were added in buildings 11 and 12. 24 Jan-16 Occupational Safety and Health Working Environment Workplace lighting is insufficient. Improve lighting in the noted sections. New lighting installations have been provided in Buildings 13 and 14. 6 Jan-16 Occupational Safety and Health Working Environment The boiler and generator area was not clean and tidy. Improve the OSH management system to ensure that the workplace is clean and tidy. Regular workplace inspections are being conducted. The PICC members now also report daily to the Compliance Officer, if they notice any problem. Systematic maintenance and cleaning are performed re g ularl y . 12 Jan-16 Occupational Safety and Health Emergency Preparedness One fire alarm switch was not accessible. Engineering department should position machines in a suitable order to address this issue. A system was put in place to prevent blocking of the fire alarm switch. 12 Jan-16 Occupational Safety and Health Emergency Preparedness The escape routes in two buildings are incorrectly marked. Properly mark the emergency escape routes. The floor markings are being repainted in all the buildings. Jan-16 Working Time Overtime Workers in some sections had worked excessive overtime hours. Monitor and limit overtime work to a maximum of 80 hours for a 3 month period for all workers. Request prior authorization from MAST for overtime work as needed Overtime hours are limited and regularly monitored to address this issue. Percenta g e of workers on an incentive scheme earnin g 350 Gourdes p er 8 hours of work: Dec-16 99% Jan-16 92% BETTER WORK HAITI – 14TH SYNTHESIS REPORT Factor y : CODEVI Location: Ouanaminthe Number of workers: 7039 Date of BW re g istration: Se p -09 Date of last two Better Work assessments: Nov-15 Oct-16 Advisor y and Trainin g Services 06-Aug-16 Workplace Communication Training 07-Aug-16 Workplace Communication Training 06-Sep-16 Meeting with the Compliance Manager to introduce the new features of the STAR portal. 07-Sep-16 Meeting with the Compliance Officer to review the improvements made and conducted a factory tour. 07-Sep-16 Supervisory Skills Training in Spanish 22-Oct-16 Collective bargaining Training 29-Oct-16 Industrial Relations Training 22-Nov-16 Meeting with management to review the improvements plan. 30-Nov-16 Supervisory Skills Training in Spanish 27-Jan-17 Review of the remediation efforts made since the last BW assessment. 28-Jan-17 Factory tour of Top Choice, Superior & MD facilities to review remediation actions related to OSH. Recommendations made for further improvements. 11-Feb-17 Workers Rights & Responsibilities Training 17-Feb-17 PICC Training 18-Feb-17 Grievance Mechanism Training ASSESSMENT COMPLIANCE CLUSTER COMPLIANCE POINT DETAILS OF NON COMPLIANCE IMPROVEMENT PRIORITIES REMEDIATION EFFORTS MONTHS Oct-16 Discrimination Gender One case of sexual harassment has been found in the workplace. Provide training to raise workers awareness on ways to prevent and address sexual harassment at the workplace. Train supervisors and managers on the company regulations regarding sexual harassment. Update the policy on sexual harassment to include mandatory training for workers and managers and strengthen reporting options and investigation processes. The factory has included information on their sexual harassment policy in the induction training for all new workers. Training has also been provided to old workers. 18 Oct-16 Freedom of Association and Collective Bargaining Collective Bargaining The CBA is not fully implemented. Review the CBA with the union and implement all the provisions agreed upon accordingly. The factory started consultations meetings with the union to prepare the CBA review in June 2017. 60 Assessment October 2016 Oct-16 Compensation Overtime Wages Extra hours of work performed on Saturday and Sunday are not adequately paid. Ensure that work on weekly rest days are conducted with prior authorization from MAST and compensated properly. 60 Oct-16 Compensation Premium Pay Working hours completed during night shift were not paid at 100 percent above normal wage, as required. Properly compensate workers for hours worked at night. 60 Oct-16 Compensation Wage Information, Use and Deduction Time records did not correlate between the payroll and attendance records. Review the payroll and attendance recording systems to ensure consistency in records and to accurately reflect the actual working hours. 48 Oct-16 Compensation Paid Leave Several workers worked for more than 48 hours even within 5 working days or less and in such cases, but no weekly rest day payments were noted in the payroll as required by the law. Review payroll procedures and system to ensure that weekly rest days are properly paid for when workers complete 48 hours of work within Monday to Friday. 6 Oct-16 Compensation Paid Leave Compensation for annuals leaves is not accurately calculated. The factory needs to review its payroll system and procedures to ensure that all annual leave payments are compliant with the legal requirements. 6 Oct-16 Compensation Paid Leave Sick leave payments are based on the minimum wage instead of the average earnings as stipulated by Article 148 of the labor code. The factory needs to review its payroll system and procedures to ensure that all sick leave payments are compliant with the legal requirements. 60 Oct-16 Compensation Paid Leave Maternity leave payments are based on the minimum wage instead of the average earnings as stipulated by Article 148 of the labor code. The factory needs to review its payroll system and procedures to ensure that all sick leave payments are compliant with the legal requirements. 6 Oct-16 Compensation Social Security and Other Benefits ONA payment is late. Ensure that ONA payments are paid on time every month. The factory has started to monitor the timeliness of ONA payments and management provided the authorization to complete all ONA payments until December 2016. 66 Oct-16 Compensation Social Security and Other Benefits ONA contribution is collected but not forwarded on time to workers. Ensure that ONA payments are paid on time every month. The factory has started to monitor the timeliness of ONA payments and management provided the authorization to complete all ONA payments until December 2016. 66 Oct-16 Compensation Social Security and Other Benefits The factory has not registered with OFATMA for work-related accident insurance. Register with OFATMA for work- related accident insurance. 66 Oct-16 Compensation Social Security and Other Benefits The factory has not registered with OFATMA for maternity and health insurance (employer's contribution). None/ OFATMA services for the maternity and health insurance is not available in Ounaminthe area. OFATMA sent a letter to confirm that this requirement is not applicable for companies that are located in areas where insurance registration services are unavailable. 66 Oct-16 Compensation Social Security and Other Benefits The factory has not registered with OFATMA for maternity and health insurance (workers' contribution). None/ OFATMA services for the maternity and health insurance is not available in Ounaminthe area. OFATMA sent a letter to confirm that this requirement is not applicable for companies that are located in areas where insurance registration services are unavailable. 66 Oct-16 Compensation Social Security and Other Benefits Compensation for annuals leaves is not accurately calculated as the average earnings of the workers. The factory needs to review its payroll system and procedures to ensure that all annual leave payments are compliant with the legal requirements. 66 Oct-16 Compensation Employment Contracts Approved internal work rules were not posted at the workplace. Obtain MAST's approval for the internal work rules. The factory revised its internal work rules and sent them to MAST for approval. 66 Oct-16 Compensation Contracting Procedures Workers categorized as apprentices were subjected to excessive overtime hours. Ensure that overtime hours have prior authorization and are properly recorded and paid for all categories of workers. Obtain approval from MAST for the apprenticeship program and other related documents. 66 Oct-16 Compensation Termination Workers are often terminated without reason. In the terminated files, instead of stating the specific reason for termination, it only mentioned an article number. Provide labor law training to the HR and management teams. Ensure that termination procedures are compliant with legal requirements. Labor law training was provided to HR and management staff. Internal work rules were revised to ensure that the termination process is compliant with legal requirements. 66 Oct-16 Compensation Dialogue, Discipline and Disputes Some supervisors do not treat workers with respect and no adequate grievance mechanism is available to follow up with workers' complaints. Provide training to supervisors on proper workplace conduct. Communicate the company policy on verbal abuse to all employees. Additional training has been provided to supervisors and further sessions have been scheduled for managers. Internal work rules were revised to ensure that the company policy on verbal abuse is properly communicated. 66 Oct-16 Compensation OSH Management Systems The factory record work-related accidents but these records were not submitted to OFATMA. Register with OFATMA for work- related accidents insurance. 66 Oct-16 Occupational Safety and Health Chemicals and Hazardous Substances No inventory of chemical substances used in the workplace were provided. Ensure that a complete inventory of all chemicals used in the workplace is kept and updated by the compliance department. An inventory of all chemicals used in the workplace is available at the compliance department. 66 Oct-16 Occupational Safety and Health Chemicals and Hazardous Substances Several unlabeled chemicals containers found in the workplace. Review the chemical handling procedures to ensure that labels are available at all times. Regularly monitor the implementation of this procedure. Maintenance managers have been assigned to monitor chemical labeling at all times. Training was also provided to other staff members using chemicals on a regular basis. 66 Oct-16 Occupational Safety and Health Chemicals and Hazardous Substances No MSDS available for several chemicals used in the workplace. Review the chemicals handling procedure to ensure that labels and MSDS' are available at all times and regularly monitor its implementation. 66 Oct-16 Occupational Safety and Health Chemicals and Hazardous Substances Workers did not receive any chemical safety-related training. Provide training on chemicals safety and keep adequate records. Training on chemical safety was provided and adequate records are available. Additional training sessions are also planned for the upcoming months. 66 Oct-16 Occupational Safety and Health Chemicals and Hazardous Substances No eye wash stations were observed near the chemical usage areas of 5 buildings. Install eye wash stations in the chemical usage areas. Additional eye wash stations were installed in the chemical usage areas of buildings FW, MD and AM2. 66 Oct-16 Occupational Safety and Health Worker Protection Not al workers in the following sections were provided with PPE : spot cleaning section, stamping, and production. Provide adequate PPE to all worker, as required and train them on the importance of using PPE. Assign a person in charge of monitoring the availability of PPEs. Additional PPEs were provided in the MD and AM2 buildings. Training on chemical handling was provided. Maintenance coordinators have been tasked with monitoring the availability of PPEs. 66 Oct-16 Occupational Safety and Health Worker Protection Several workers were seated on chairs without back rests. Also several standing workers in one building were not provided with standing mats. Several pregnant workers in another building were performing tasks that required them to stand for extended periods and were not provided with chairs when requested Replace the chairs without back rests. Management has purchased new chairs to replace the ones without back rests and will be providing them to the workers soon. 66 Oct-16 Occupational Safety and Health Worker Protection During the factory tour, EAs noticed that several machines were missing finger guards and pulley guards. Define staff in charge of maintaining machine guards for each factory. Ensure that all machines have proper guards. Machine guards were replaced and the maintenance coordinators have been assigned to monitor this requirement. 66 Oct-16 Occupational Safety and Health Worker Protection No warning signs were posted on several electrical boxes. Ensure that Top Choice and Superior assigns a management staff to be in charge of monitoring compliance issues. 66 Oct-16 Occupational Safety and Health Working Environment Workplace temperature exceed 30 C. Improve the temperature levels in the noted areas. 66 Oct-16 Occupational Safety and Health Welfare Facilities Insufficient number of toilets. Build additional toilets. 66 Oct-16 Occupational Safety and Health Welfare Facilities Lack of soap in the restrooms. Assign a person in charge of monitoring the availability of soap in all toilets. 42 Oct-16 Occupational Safety and Health Welfare Facilities The number of seats available at the existing eating area is inadequate to accommodate the total number of workers currently employed by the factory. Provide an eating area that can adequately accommodate all workers. 48 Oct-16 Occupational Safety and Health Health Services and First Aid No systematic medical checks were arranged for newly hired workers within the first three months of employment. Conduct regular medical checks for newly hired workers. The factory conducts regular medical checks for newly hired workers on an ongoing basis. 48 Oct-16 Occupational Safety and Health Premium Pay No adequate compensation is provided for work performed on both Saturday and Sunday. Properly compensate workers for hours worked at night. 48 Oct-16 Occupational Safety and Health Health Services and First Aid No systematic annual medical checks were arranged for workers. Provide systematic annual medical checks for all workers. 54 Oct-16 Occupational Safety and Health Health Services and First Aid No systematic bi-annual medical checks were arranged for workers who are exposed to work related hazards. Provide systematic bi-annual medical checks were arranged for workers who are exposed to work related hazards. 54 Oct-16 Occupational Safety and Health Health Services and First Aid Several pregnant workers complained that they were not provided with seats when requested. Ensure that all pregnant women are provided with proper seats. Additional chairs were provided for pregnant women. 12 Oct-16 Occupational Safety and Health Health Services and First Aid Insufficient number of medical staff Hire additional medical staff. 12 Oct-16 Occupational Safety and Health Health Services and First Aid First aid boxes not easily accessible in 3 buildings. Ensure that adequate first aid boxes are available in each building. 12 Oct-16 Occupational Safety and Health Emergency Preparedness Two factories did not have an alarm system installed and the alarm system from another building was not operational. Install proper fire detection and alarm system in all buildings. 48 Oct-16 Occupational Safety and Health Emergency Preparedness Several undercharged or blocked fire extinguishers found in the workplace. Increase the number of fire extinguishers inspection in all building. Keep a stock of additional fire extinguishers to be used in case of emergency. 42 Oct-16 Occupational Safety and Health Emergency Preparedness The evacuation plans do not reflect the actual layout of the workplace for 2 building. No evacuation were posted in the workplace for 1 building. Update all evacuation plan as required. 54 Oct-16 Occupational Safety and Health Emergency Preparedness No records of fire drills were available for 3 buildings. Conduct biannual emergency drills for each building. The factory conducted emergency drills in all the buildings. 60 Oct-16 Occupational Safety and Health Emergency Preparedness Cell phones were being charged inappropriately throughout the workplace and near highly flammable substances. Provided workers with a designated charging stations. Management provided workers with charging stations in order to address this issue. 60 Oct-16 Working Time Regular Hours Workers from several buildings complained that they usually worked beyond regular hours but receive a fixed salary from management regardless of the actual hours worked. Review compensation system for all eligible workers to ensure that they are properly paid for overtime hours. 60 Oct-16 Working Time Regular Hours Several categories of workers were not punching in and out of the factory to record their working time. Several of these workers explained that they are subjected to long working hours but are not compensated accordingly. Review attendance recording system for all eligible workers to ensure that all overtime hours are properly recorded for them. 60 Oct-16 Working Time Overtime No authorization to work at night was provided to EAs during the assessment. Request authorization to work at night from MAST. 60 Oct-16 Working Time Overtime Several workers in the packing, shipping and loading session at 2 plants were found to have completed more than 80 hours overtime per trimester. Respect legal limits for overtime. 60 Oct-16 Working Time Overtime No authorization to work on Sundays was provided to EAs during the assessment. Request authorization to work on Sundays from MAST. 6 Oct-16 Working Time Overtime No authorization to work overtime was provided to EAs during the assessment. Request authorization to work overtime from MAST. 60 Nov-15 Freedom of Association and Collective Bargaining Collective Bargaining The CBA is not fully implemented. Review and implement all provisions of the Collective Bargaining Agreements. Regarding medical services, the factory conducts medical checks for all newly hired workers and regular medical follow ups for employees performing hazardous work. All factory staff also have access to extensive medical, cardiovascular, dental, visual laboratory and operations services. There is also a mobile clinic, monthly operations by general medicine practitioners and various clubs dealing with issues such as pregnancies, hypertension, diabetes, tuberculosis and sexually transmitted infections (HIV-AIDS). A HIV policy has also been established in conjunction with the ILO Community counselors. Annual surgeries are also performed for hernias, etc. And all points on the tripartite committee is implemented as a park, CODEVI has 5 doctors, 6 nurses, 3 laboratory technicians, 1 dentist and 1 psychologist and all these employees have permanent contracts. 54 Nov-15 Freedom of Association and Collective Bargaining Strikes Workers terminated for participating in a strike Review termination policy with HR staff and union representatives. Reinstate all eligible workers. Management team received training on termination procedures and labor law. Terminated workers received their final entitlements and are not pursuing the case with the Ministry of Labor for reinstatement. 54 Assessment Novmber 2015 Nov-15 Compensation Overtime Wages Working hours completed during night shift were not paid at 100 percent above normal wage, as required by the law. Ensure that overtime wages are properly paid. CODEVI is reviewing it payroll system to ensures that overtime wages are properly paid. 30 Nov-15 Compensation Paid Leave Payroll records and worker interviews revealed that payment for sick leaves was based on the minimum wage. According to the legal requirements, payment for sick leaves must be based on the average salary. Discuss this issue with top management in order to obtain their approval to adjust the payment system. Provide adequate payment for sick leaves to all eligible workers. Update the related internal regulation and amend the CBA, if needed. The internal regulation and the CBA has been updated. The factory has started to provide adequate payment for sick leaves to all eligible workers. 54 Nov-15 Compensation Paid Leave Payroll records and worker interviews revealed that payment for maternity leaves was based on the minimum wage. According to the legal requirements, payment for maternity leaves must be based on the average salary. Discuss this issue with top management in order to obtain their approval to adjust the payment system. Provide adequate payment for maternity leaves to all eligible workers. Update the related internal regulation and amend the CBA, if needed. The internal regulation and the CBA has been updated. The factory has started to provide adequate payment for maternity leaves to all eligible workers. Nov-15 Compensation Social Security and Other Benefits The factory has not registered with OFATMA for work-related accident insurance. Discuss this issue with the top management in order to obtain their approval to proceed with the registration. Inform workers about the provision of work-related accident insurance. Ensure that the insurance payments and updated lists of workers are submitted to OFATMA on a yearly basis. Management stated that OFATMA does not provide any services in the northern region of Haiti. Therefore the factory workers are unable to benefit from this provision. In the event of an accident, the factory provides medical services, medicines, salaries and other forms of compensation to support the person involved. 48 Nov-15 Compensation Social Security and Other Benefits The factory had not registered with OFATMA for maternity and health insurance. Discuss this issue with the top management in order to obtain their approval to proceed with the registration and submit the registration-related documents to OFATMA. Inform workers about the provision of maternity and health insurance. Ensure that the insurance payments and updated lists of workers are submitted to OFATMA on a yearly basis. Management stated that OFATMA does not provide any services in the northern region of Haiti. Therefore the factory workers are unable to benefit from this provision. In the event of an accident, the factory provides medical services, medicines, salaries and other forms of compensation to support the person involved. 54 Nov-15 Compensation Social Security and Other Benefits Collecting and forwarding of workers' contributions to OFATMA. Discuss this issue with the top management in order to obtain their approval to proceed with the registration and submit the registration-related documents to OFATMA. Inform workers about the provision of maternity and health insurance. Ensure that the insurance payments and updated lists of workers are submitted to OFATMA on a yearly basis. Management stated that OFATMA does not provide any services in the northern region of Haiti. Therefore the factory workers are unable to benefit from this provision. In the event of an accident, the factory provides medical services, medicines, salaries and other forms of compensation to support the person involved. 42 Nov-15 Occupational Safety and Health OSH Management Systems No self-assessment was conducted during the past year. Conduct monthly OSH self- assessments. The factory has an OSH Officer who is now conducting OSH self- assessments on a monthly basis. Nov-15 Occupational Safety and Health OSH Management Systems Management has not sent any accident reports to OFATMA as they are not registered with this organization. The factory should provide work- related accident insurance to workers and regularly share the accident reports with OFATMA. Management stated that OFATMA does not provide any services in the northern region of Haiti. Therefore the factory workers are unable to benefit from this provision. In the event of an accident, the factory provides medical services, medicines, salaries and other forms of compensation to support the person involved. Nov-15 Occupational Safety and Health Chemicals and Hazardous Substances Several unlabeled chemical containers containing solvents and other substances were observed in the workplace Ensure that all hazardous and chemical substances used in the workplace are properly labeled by including the name in Creole and a hazard pictogram. Review the appropriate MSDS to know which pictograms are needed. Assign this task to a specific staff member. Train workers on the importance of labeling and using hazard pictograms. Management stated that they will label all chemical containers and post MSDS as suggested. Nov-15 Occupational Safety and Health Chemicals and Hazardous Substances Inadequate chemical storage was observed in the workplace Read the MSDS section on proper storage for each of the chemicals used at the factory and ensure compliance with those requirements. Issue clear instructions on the proper storage of chemicals to the responsible staff members. The factory has ensured that all chemicals and hazardous substances used in the factory are stored properly. Nov-15 Occupational Safety and Health Chemicals and Hazardous Substances No MSDS were posted in some areas where solvents and Blow-out were used. Ensure that MSDS are posted in local language for all the chemicals and hazardous substances used in the factory. All the MSDS have been posted. Nov-15 Occupational Safety and Health Chemicals and Hazardous Substances No proper measures have been taken to monitor, prevent and limit workers' exposure to chemicals and hazardous substances. Monitor, prevent and limit workers' exposure to chemicals and hazardous substances. The factory hired a qualified contractor to assess workers' exposure to hazardous substances. Nov-15 Occupational Safety and Health Chemicals and Hazardous Substances Management did not provide any evidence of training for workers using chemicals and hazardous substances. Improve the existing training plan for supervisors and workers using chemicals and include management of chemicals and hazardous substances in induction training. Training sessions on chemical management were provided to workers at different levels and also covered in the worker's induction training. Nov-15 Occupational Safety and Health Chemicals and Hazardous Substances No eye wash stations were observed in the chemical storage areas of 5 plants. Provide eye washing stations at the workplace for workers handling chemical substances. Ensure that the eye washing stations are properly maintained. Eye washing stations have been provided in the suggested areas. Nov-15 Occupational Safety and Health Worker Protection Workers in the mechanic shop of one plants were not provided with gloves and goggles. Identify or assign a staff in charge of providing and renewing the PPEs for each factory. Update the PPE regulation (based on MSDS and hazard inventory) accordingly. Provide employees with all the necessary personal protective clothing and equipment according to the PPE regulation. Train workers on the proper use of PPE and post signs to remind workers about their safety obligations. Management has identified the staff in charge of providing and renewing the PPEs for each factory and updated the PPE regulation (based on MSDS and hazard inventory). All employees have been provided with the necessary personal protective clothing and equipment. Training on the proper use of PPE has also been conducted for workers. Nov-15 Occupational Safety and Health Worker Protection Several workers were not using the guards installed on their machines. No proper evidence of training was available. Conduct training for workers on the proper use of PPE and machine guards. Post precautionary signs around the workplace to remind workers about their safety obligations. Training was provided and the proper use of PPE has been covered in the induction process for newly hired workers. The factory has also posted signs to remind workers about the proper use of machines guards. Nov-15 Occupational Safety and Health Worker Protection Several chairs did not have backrests in two plants. Identify the staff in charge of maintaining chairs for each factory and ensure that all chairs are provided with backrests. CODEVI has been gradually investing to replace the chairs at the factory and 80% of them have already been changed. Management expects to change the remaining chairs in the near future. Nov-15 Occupational Safety and Health Worker Protection Numerous machines were not fitted with the appropriate protection guards. Define the staff in charge of maintaining the machine guards at each factory. Ensure that all machines have proper guards. CODEVI defined staff in charge of maintaining machine guards for each factory and all machines have been fitted with the required safety guards. Nov-15 Occupational Safety and Health Worker Protection Safety warnings were not posted on several electrical boxes in the workplace. Ensure that appropriate safety warnings are posted in all the plants. The factory posted additional safety warnings in the noted areas. Nov-15 Occupational Safety and Health Working Environment Temperature levels above the BW recommended 30C. Ensure that the temperature level is maintained within the suggested limit in all plants. Management stated that according to international regulations the workplace temperature must be the same as the environmental temperature. The factory aims to maintain a lower internal temperature than the mentioned regulation and also has a heat ventilation exhaust system. The new buildings will also be equipped with a cooling system, which will include radiators and air extractors. Nov-15 Occupational Safety and Health Working Environment Insufficient light level. Ensure that the light levels are adequate in all the plants. The factory has adjusted the light levels to comply with this requirement in all the plants. Nov-15 Occupational Safety and Health Welfare Facilities Insufficient number of toilets. Ensure that the factory has sufficient toilets for both genders according to the law. Keep existing toilets clean and functional. All bathrooms are clean and functional, however, management has not added more toilets. Nov-15 Occupational Safety and Health Welfare Facilities Lack of soap in the restrooms. Ensure that adequate soap and water is available in all the toilets. The factory has provided adequate soap and water in all the toilets. Nov-15 Occupational Safety and Health Welfare Facilities The number of seats available in the eating area is inadequate to accommodate the total number of workers currently employed in the park. Provide an eating area to accommodate all workers. Management has an approved plan to build a new eating area to accommodate a greater number of workers, which will also include a separated kitchen. This facility is expected to be completed in 2017. Nov-15 Occupational Safety and Health Health Services and First Aid No systematic medical checks were arranged for newly hired workers within the first three months of employment. Provide systematic medical checks for all newly hired workers within the first three months of employment The factory conducts medical checks for all newly hired workers and regular medical follow ups for employees performing hazardous work. All factory staff also have access to extensive medical, cardiovascular, dental, visual laboratory and operations services. There is also a mobile clinic, monthly operations by general medicine practitioners and various clubs dealing with issues such as pregnancies, hypertension, diabetes, tuberculosis and sexually transmitted infections (HIV-AIDS). A HIV policy has also been established in conjunction with the ILO Community counselors. Annual surgeries are also performed for hernias, etc. Nov-15 Occupational Safety and Health Health Services and First Aid Insufficient medical staff. Hire additional qualified medical staff as required by the law. CODEVI currently employs 5 doctors, 6 nurses, 2 laboratory technicians, 1 dentist and 1 psychologist and all these employees have permanent contracts. Nov-15 Occupational Safety and Health Health Services and First Aid Insufficient number of workers trained in first-aid. Provide training to at least 10% of the workforce in first-aid. Additional workers were trained in first-aid at the FW1 plant. Nov-15 Occupational Safety and Health Health Services and First Aid Workers and management explained that no annual medical checks were arranged. Provide annual medical checks for all workers and keep all medical records updated. The factory started to provide annual medical checks for all workers and the corresponding medical records are also available to support this. Nov-15 Occupational Safety and Health Emergency Preparedness Several missing and obstructed fire extinguishers were observed in the workplace. Install and properly maintain fire- fighting equipment and ensure that they are readily accessible at all times. The factory installed a sufficient number of fire extinguishers at the workplace. The maintenance service provider has also been instructed to regularly check and replace non- functional fire-fighting equipment. Nov-15 Occupational Safety and Health Emergency Preparedness Insufficient number of workers trained in fire-fighting. Provide fire-fighting training to at least 10% of the workforce. The factory has provided fire-fighting training to 10% of the workforce. Nov-15 Occupational Safety and Health Emergency Preparedness At least two emergency exits were obstructed at the time of the assessment visits. Ensure that all emergency exits are accessible, unobstructed and unlocked during working hours, including overtime. Management has ensured that all emergency exits are accessible, unobstructed and unlocked at all times. Nov-15 Occupational Safety and Health Emergency Preparedness Not all factories conducted regular fire drills. BW recommends an emergency drill every 6 months. Conduct periodic emergency drills for each plant every 6 months. As recommended, management is currently conducting periodic emergency drills for each factory every 6 months. Nov-15 Compensation Overtime Several workers completed more than 80 hours of overtime work per trimester. Comply with the limit on overtime hours worked in all factories. Nov-15 Compensation Overtime No prior authorization from MAST for working overtime. Submit the written agreement between CODEVI and the two unions to perform overtime to MAST for approval. Management has sent the written agreement t