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14th Biannual Synthesis Report Under the HOPE II Legislation
Haiti
16 APRIL 2017
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
Copyright © International Labour Organization (ILO) and Inter national Finance Corporation (IFC)
April 2017
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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
1BETTER WORK HAITI - 14TH SYNTHESIS REPORT
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
2BETTER WORK HAITI - 14TH 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.
.................................................................. 14
.......... 15
................................................................................. 25
........................................ 36
......................................................................... 47
Chart 1: Non-compliance rates for 25 factories assessed between April 2016 and March 2017 over two Better Work cycles
Freedom of
Association
Labour
Child
ination
Discrim
Labour
Forced
Bargaining
Collective
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
8%
8%
4%
and
Compensation
Interference and Discrimination Strikes
Union Operations
Method of Payment
Minimum Wage
Overtime Wages
Paid Leave
Premium Pay
Social Security and Other Benefits
4%
4%
8%
28%
64%
16%88%
Contracts
Resource
Human
Wage Information, Use and Deduction Contracting Procedures
32%
8%20%
and
s
Occupational Safety
and Health
Workin
g Time
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
28%
20%
68%
72%
88%
24%
84%
84%
84%
12%
60%
36%
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% Non-compliance rate (n=25)
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♦
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5
6
9
10
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♦
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♦
BETTER WORK HAITI – 14TH SYNTHESIS REPORT
Factory: Caribbean Island Apparel S.A. Location: Port-au-Prince
Number of workers: 2261
Date of registration: Sep-09
Date of last two Better Work
Dec-16 Jan-16
Advisory and Training 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
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.
ASSESSMENT COMPLIANCE CLUSTER COMPLIANCE POINT DETAILS OF NON COMPLIANCE IMPROVEMENT PRIORITIES REMEDIATION EFFORTS MONTHS
Assessment December 2016
12
Factory is changing the
Ensure that the compensation
Dec-16 Compensation Paid Leave Payments for legally mandated
payroll system in order to
for legally mandated holidays
holidays are inaccurately calculated
correct this situation.
are accurate.
for piece rate workers.
12
Factory is changing the
Ensure that sick leave
Dec-16 Compensation Paid Leave The payment for sick leaves is
payroll system in order to
payments are accurate.
inaccurately calculated for piece rate
correct this situation.
workers.
12
Factory is changing the
Ensure that maternity leave
Dec-16 Compensation Paid Leave The payment for maternity leaves is
payroll system in order to
payments are accurate.
inaccurately calculated for piece rate
correct this situation.
workers.
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
12
The factory approached
The factory should register with
Dec-16 Compensation Social Security and
The factory does not collect and
OFATMA that already sent
OFATMA for maternity and
Other Benefits
forward worker's contribution to
the invoice. They are now
health insurance services.
OFATMA for maternity and health
registered. Next step is to
insurance services.
collect and forward the
payment.
The factory had 9 nurses. One
Dec-16 Occupational Safety and
Health Services and
The factory has an insufficient
Hire more onsite medical staff
additional nurse has been
Health
First Aid
number of onsite medical staff.
in order to comply with the
hired and the factory is in a
Haitian Labour Code.
recruitment process to hire 2
more.
42
Ensure an adequate number of
Dec-16 Occupational Safety and
Welfare Facilities The factory does not have the
toilets in proportion to the total
Health
required number of toilets for the
workforce as stipulated by the
workers.
Haitian Labour code.
18
The factory has ordered new
Dec-16 Occupational Safety and
Worker Protection Missing pulley guards on some
Install and maintain proper
machines and is in the
Health
machines.
guards on all the dangerous
process of installing pulley
moving parts of machines and
guards on the single needle
equipment.
machines.
Additional fans have been
Dec-16 Occupational Safety and
Working Environment Excessive temperatures recorded in
Ensure that temperature and
50
added throughout the
Health
some sections within the workplace.
ventilation levels at the
workplace and during an
workplace are kept at an
advisory session, the
acceptable level.
temperature levels were also
verified (around 27-28 C)
Assessment January 2016
12
Update the payroll system in
Jan-16 Compensation Paid Leave Compensation for legally mandated
order to calculate the payment
holidays is inaccurately calculated for
based on average earnings
piece rate workers.
instead of the minimum wage.
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
48
The payroll system was
Update payroll system to
Jan-16 Compensation Paid Leave The payment for maternity leaves is
updated to meet this
calculate maternity leave
inaccurately calculated for piece rate
requirement.
payments based on average
workers.
earnings instead of the
minimum wage.
48
Forward the workers'
Jan-16 Compensation Social Security and
The factory does not collect and
contributions to OFATMA for
Other Benefits
forward worker's contribution to
maternity and health insurance
OFATMA for maternity and health
services.
insurance services.
30
Pay the employer's
Jan-16 Compensation Social Security and
The factory has not registered with
contribution to OFATMA for
Other Benefits
OFATMA for maternity and health
maternity and health insurance
insurance services.
services.
18
Unidentified chemical containers
Ensure all chemicals containers
Jan-16 Occupational Safety and
Chemicals and
were observed in some areas.
are properly identified and
Health
Hazardous
stored.
Substances
All MSDS were posted in the
18
Ensure that MSDS are available
No MSDS were available for some
Jan-16 Occupational Safety and
Chemicals and
relevant areas.
for thinner and KM7 in the
chemicals in the chemical storage
Health
Hazardous
chemical storage room.
room.
Substances
Regularly train workers on how
Jan-16 Occupational Safety and
Worker Protection No evidences provided indicating
to handle machines safely.
Health
that the mechanics are regularly
trained to use the machines safely.
36
All electrical boxes are
Jan-16 Occupational Safety and
Worker Protection An electrical box in Building 10 was
Ensure that all electrical boxes
properly maintained and
Health
poorly maintained and unidentified.
are properly maintained and
identified.
identified.
Jan-16 Occupational Safety and
Worker Protection Several electrical boxes were found
Post safety warnings on
Safety warnings have been
12
Health
without safety warnings.
electrical boxes.
posted in the required places.
Jan-16 Occupational Safety and
Working Environment The temperature levels are over 30 C
Ensure temperature levels are
Additional exhaust fans were
24
Health
in several sections.
under 30 C.
added in buildings 11 and 12.
Jan-16 Occupational Safety and Health
Working Environment Workplace lighting is insufficient. Improve lighting in the noted sections.
6
New lighting installations have been provided in
Buildings 13 and 14.
Regular workplace inspections
Jan-16 Occupational Safety and
Working Environment The boiler and generator area was
Improve the OSH management
12
are being conducted. The
Health
not clean and tidy.
system to ensure that the
PICC members now also
workplace is clean and tidy.
report daily to the
Compliance Officer, if they
notice any problem.
Systematic maintenance and
cleaning are performed
regularly.
12
A system was put in place to
Jan-16 Occupational Safety and
Emergency
One fire alarm switch was not
Engineering department should
prevent blocking of the fire
Health
Preparedness
accessible.
position machines in a suitable
alarm switch.
order to address this issue.
Jan-16 Occupational Safety and
Emergency
The escape routes in two buildings
Properly mark the emergency
The floor markings are being
Health
Preparedness
are incorrectly marked.
escape routes.
repainted in all the buildings.
Jan-16 Working Time Overtime Workers in some sections had
Monitor and limit overtime
Overtime hours are limited
worked excessive overtime hours.
work to a maximum of 80
and regularly monitored to
hours for a 3 month period for
address this issue.
all workers. Request prior
authorization from MAST for
overtime work as needed
Percentage of workers on an incentive scheme earning 350 Gourdes per 8 hours of work:
Dec-16 99%
Jan-16 92%
BETTER WORK HAITI – 14TH SYNTHESIS REPORT
Factory: CODEVI
Location: Ouanaminthe
Number of workers: 7039
Date of BW registration: Sep-09
Date of last two Better Work assessments:
Nov-15 Oct-16
Advisory and Training 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
Assessment October 2016
Oct-16 Discrimination Gender One case of sexual harassment has
18
The factory has included information
Provide training to raise workers
on their sexual harassment policy in
been found in the workplace.
awareness on ways to prevent and
the induction training for all new
address sexual harassment at the
workers. Training has also been
workplace. Train supervisors and
provided to old workers.
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.
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
Oct-16 Compensation Overtime Wages Extra hours of work performed on
60
Ensure that work on weekly rest
days are conducted with prior
Saturday and Sunday are not
authorization from MAST and
adequately paid.
compensated properly.
Oct-16 Compensation Premium Pay Working hours completed during
Properly compensate workers for
60
hours worked at night.
night shift were not paid at 100
percent above normal wage, as
required.
Oct-16 Compensation Wage Information, Use
48
Review the payroll and attendance
Time records did not correlate
recording systems to ensure
and Deduction
between the payroll and
consistency in records and to
attendance records.
accurately reflect the actual
working hours.
Oct-16 Compensation Paid Leave Several workers worked for more
6
Review payroll procedures and
system to ensure that weekly rest
than 48 hours even within 5
days are properly paid for when
working days or less and in such
workers complete 48 hours of
cases, but no weekly rest day
work within Monday to Friday.
payments were noted in the payroll
as required by the law.
Oct-16 Compensation Paid Leave Compensation for annuals leaves is
6
The factory needs to review its
payroll system and procedures to
not accurately calculated.
ensure that all annual leave
payments are compliant with the
legal requirements.
Oct-16 Compensation Paid Leave Sick leave payments are based on
60
The factory needs to review its
payroll system and procedures to
the minimum wage instead of the
ensure that all sick leave payments
average earnings as stipulated by
are compliant with the legal
Article 148 of the labor code.
requirements.
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.
6
The factory needs to review its
payroll system and procedures to
ensure that all sick leave payments
are compliant with the legal
requirements.
Oct-16 Compensation Social Security and
66
ONA payment is late. Ensure that ONA payments are
The factory has started to monitor
Other Benefits
paid on time every month.
the timeliness of ONA payments and
management provided the
authorization to complete all ONA
payments until December 2016.
Oct-16 Compensation Social Security and
66
The factory has started to monitor
Ensure that ONA payments are
ONA contribution is collected but
the timeliness of ONA payments and
paid on time every month.
not forwarded on time to workers.
Other Benefits
management provided the
authorization to complete all ONA
payments until December 2016.
Oct-16 Compensation Social Security and
Register with OFATMA for work
66
The factory has not registered with
related accident insurance.
Other Benefits
OFATMA for work-related accident
insurance.
Oct-16 Compensation Social Security and
66
OFATMA sent a letter to confirm that
None/ OFATMA services for the
The factory has not registered with
this requirement is not applicable for
maternity and health insurance is
Other Benefits
OFATMA for maternity and health
companies that are located in areas
not available in Ounaminthe area.
insurance (employer's contribution).
where insurance registration services
are unavailable.
Oct-16 Compensation Social Security and
66
OFATMA sent a letter to confirm that
None/ OFATMA services for the
The factory has not registered with
this requirement is not applicable for
maternity and health insurance is
Other Benefits
OFATMA for maternity and health
companies that are located in areas
not available in Ounaminthe area.
insurance (workers' contribution).
where insurance registration services
are unavailable.
Oct-16 Compensation Social Security and
The factory needs to review its
Compensation for annuals leaves is
66
payroll system and procedures to
Other Benefits
not accurately calculated as the
ensure that all annual leave
average earnings of the workers.
payments are compliant with the
legal requirements.
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
66
Ensure that overtime hours have
prior authorization and are
were subjected to excessive
properly recorded and paid for all
overtime hours.
categories of workers.
Obtain approval from MAST for
the apprenticeship program and
other related documents.
Oct-16 Compensation Termination Workers are often terminated
66
Labor law training was provided to
Provide labor law training to the
HR and management staff. Internal
HR and management teams.
without reason. In the terminated
work rules were revised to ensure
Ensure that termination
files, instead of stating the specific
that the termination process is
procedures are compliant with
reason for termination, it only
compliant with legal requirements.
legal requirements.
mentioned an article number.
Oct-16 Compensation Dialogue, Discipline and
66
Additional training has been
Provide training to supervisors on
Some supervisors do not treat
provided to supervisors and further
proper workplace conduct.
Disputes
workers with respect and no
sessions have been scheduled for
Communicate the company policy
adequate grievance mechanism is
managers. Internal work rules were
on verbal abuse to all employees.
available to follow up with workers'
revised to ensure that the company
complaints.
policy on verbal abuse is properly
communicated.
Oct-16 Compensation OSH Management
Register with OFATMA for work
66
The factory record work-related
related accidents insurance.
accidents but these records were
Systems
not submitted to OFATMA.
Oct-16 Occupational Safety and
66
An inventory of all chemicals used in
Ensure that a complete inventory
No inventory of chemical
Chemicals and
the workplace is available at the
of all chemicals used in the
substances used in the workplace
Hazardous Substances
Health
compliance department.
workplace is kept and updated by
were provided.
the compliance department.
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
66
Chemicals and
No MSDS available for several
Review the chemicals handling
Health
Hazardous Substances
chemicals used in the workplace.
procedure to ensure that labels
and MSDS' are available at all
times and regularly monitor its
implementation.
Oct-16 Occupational Safety and
66
Chemicals and
Workers did not receive any
Provide training on chemicals
Training on chemical safety was
Health
Hazardous Substances
chemical safety-related training.
safety and keep adequate records.
provided and adequate records are
available. Additional training sessions
are also planned for the upcoming
months.
Oct-16 Occupational Safety and
66
Install eye wash stations in the
Additional eye wash stations were
Chemicals and
No eye wash stations were
chemical usage areas.
installed in the chemical usage areas
Health
Hazardous Substances
observed near the chemical usage
of buildings FW, MD and AM2.
areas of 5 buildings.
Oct-16 Occupational Safety and
66
Additional PPEs were provided in the
Provide adequate PPE to all
Worker Protection Not al workers in the following
MD and AM2 buildings. Training on
worker, as required and train them
Health
sections were provided with PPE :
chemical handling was provided.
on the importance of using PPE.
spot cleaning section, stamping,
Maintenance coordinators have been
Assign a person in charge of
and production.
tasked with monitoring the
monitoring the availability of PPEs.
availability of PPEs.
Oct-16 Occupational Safety and
Worker Protection Several workers were seated on
Replace the chairs without back
Management has purchased new
66
Health
chairs without back rests.
rests.
chairs to replace the ones without
Also several standing workers in
back rests and will be providing them
one building were not provided
to the workers soon.
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
Oct-16 Occupational Safety and
Define staff in charge of
Machine guards were replaced and
66
Worker Protection During the factory tour, EAs noticed
the maintenance coordinators have
maintaining machine guards for
Health
that several machines were missing
each factory. Ensure that all
been assigned to monitor this
finger guards and pulley guards.
machines have proper guards.
requirement.
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
Working Environment Workplace temperature exceed 30
Improve the temperature levels in
66
Health
C.
the noted areas.
Oct-16 Occupational Safety and
Welfare Facilities Insufficient number of toilets. Build additional toilets. 66
Health
Oct-16 Occupational Safety and
42
Welfare Facilities Lack of soap in the restrooms. Assign a person in charge of
Health
monitoring the availability of soap
in all toilets.
Oct-16 Occupational Safety and
48
Provide an eating area that can
Welfare Facilities The number of seats available at
adequately accommodate all
Health
the existing eating area is
workers.
inadequate to accommodate the
total number of workers currently
employed by the factory.
Oct-16 Occupational Safety and
48
Conduct regular medical checks for
The factory conducts regular medical
Health Services and
No systematic medical checks were
newly hired workers.
checks for newly hired workers on an
Health
First Aid
arranged for newly hired workers
ongoing basis.
within the first three months of
employment.
Oct-16 Occupational Safety and
Properly compensate workers for
48
Premium Pay No adequate compensation is
hours worked at night.
Health
provided for work performed on
both Saturday and Sunday.
Oct-16 Occupational Safety and
54
Provide systematic annual medical
No systematic annual medical
Health Services and
checks for all workers.
checks were arranged for workers.
First Aid
Health
Oct-16 Occupational Safety and
54
Provide systematic bi-annual
Health Services and
No systematic bi-annual medical
medical checks were arranged for
Health
First Aid
checks were arranged for workers
workers who are exposed to work
who are exposed to work related
related hazards.
hazards.
Oct-16 Occupational Safety and
Ensure that all pregnant women
Additional chairs were provided for
12
Health Services and
Several pregnant workers
are provided with proper seats.
pregnant women.
Health
First Aid
complained that they were not
provided with seats when
requested.
Insufficient number of medical staff Hire additional medical staff. 12
Oct-16 Occupational Safety and
Health Services and
First Aid
Health
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
Install proper fire detection and
48
Emergency
Two factories did not have an
alarm system in all buildings.
Health
Preparedness
alarm system installed and the
alarm system from another
building was not operational.
Oct-16 Occupational Safety and
42
Increase the number of fire
Emergency
Several undercharged or blocked
extinguishers inspection in all
Health
Preparedness
fire extinguishers found in the
building. Keep a stock of additional
workplace.
fire extinguishers to be used in
case of emergency.
Oct-16 Occupational Safety and
54
Update all evacuation plan as
Emergency
The evacuation plans do not reflect
required.
Health
Preparedness
the actual layout of the workplace
for 2 building.
No evacuation were posted in the
workplace for 1 building.
Oct-16 Occupational Safety and
Emergency
No records of fire drills were
Conduct biannual emergency drills
The factory conducted emergency
60
Health
Preparedness
available for 3 buildings.
for each building.
drills in all the buildings.
Oct-16 Occupational Safety and
60
Management provided workers with
Provided workers with a
Emergency
Cell phones were being charged
charging stations in order to address
designated charging stations.
Health
Preparedness
inappropriately throughout the
this issue.
workplace and near highly
flammable substances.
Oct-16 Working Time Regular Hours Workers from several buildings
60
Review compensation system for
all eligible workers to ensure that
complained that they usually
they are properly paid for overtime
worked beyond regular hours but
hours.
receive a fixed salary from
management regardless of the
actual hours worked.
Oct-16 Working Time Regular Hours Several categories of workers were
60
Review attendance recording
system for all eligible workers to
not punching in and out of the
ensure that all overtime hours are
factory to record their working time.
properly recorded for them.
Several of these workers explained
that they are subjected to long
working hours but are not
compensated accordingly.
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
Respect legal limits for overtime. 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.
Oct-16 Working Time Overtime No authorization to work on
6
Request authorization to work on
Sundays from MAST.
Sundays was provided to EAs
during the assessment.
Oct-16 Working Time Overtime No authorization to work overtime
60
Request authorization to work
overtime from MAST.
was provided to EAs during the
assessment.
Assessment Novmber 2015
Nov-15 Freedom of Association
54
Collective Bargaining The CBA is not fully implemented. Review and implement all
Regarding medical services, the factory
conducts medical checks for all newly
and Collective Bargaining
provisions of the Collective
hired workers and regular medical follow
Bargaining Agreements.
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.
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
Nov-15 Compensation Overtime Wages Working hours completed during
30
Ensure that overtime wages are
CODEVI is reviewing it payroll
properly paid.
system to ensures that overtime
night shift were not paid at 100
wages are properly paid.
percent above normal wage, as
required by the law.
Nov-15 Compensation Paid Leave Payroll records and worker
54
The internal regulation and the CBA
Discuss this issue with top
has been updated. The factory has
management in order to obtain
interviews revealed that payment
started to provide adequate
their approval to adjust the
for sick leaves was based on the
payment for sick leaves to all eligible
payment system. Provide
minimum wage. According to the
workers.
adequate payment for sick leaves
legal requirements, payment for
to all eligible workers. Update the
sick leaves must be based on the
related internal regulation and
average salary.
amend the CBA, if needed.
Nov-15 Compensation Paid Leave Payroll records and worker
The internal regulation and the CBA
Discuss this issue with top
has been updated. The factory has
management in order to obtain
interviews revealed that payment
started to provide adequate
their approval to adjust the
for maternity leaves was based on
payment for maternity leaves to all
payment system. Provide
the minimum wage. According to
adequate payment for maternity
the legal requirements, payment for
eligible workers.
leaves to all eligible workers.
maternity leaves must be based on
Update the related internal
the average salary.
regulation and amend the CBA, if
needed.
Nov-15 Compensation Social Security and
48
Management stated that OFATMA
Discuss this issue with the top
The factory has not registered with
does not provide any services in the
management in order to obtain
OFATMA for work-related accident
Other Benefits
northern region of Haiti. Therefore
their approval to proceed with the
insurance.
the factory workers are unable to
registration. Inform workers about
benefit from this provision. In the
the provision of work-related
event of an accident, the factory
accident insurance. Ensure that the
provides medical services, medicines,
insurance payments and updated
salaries and other forms of
lists of workers are submitted to
compensation to support the person
OFATMA on a yearly basis.
involved.
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
42
Management stated that OFATMA
Collecting and forwarding of
Discuss this issue with the top
does not provide any services in the
Other Benefits
workers' contributions to OFATMA.
management in order to obtain
northern region of Haiti. Therefore
their approval to proceed with the
the factory workers are unable to
registration and submit the
benefit from this provision. In the
registration-related documents to
event of an accident, the factory
OFATMA. Inform workers about
provides medical services, medicines,
the provision of maternity and
salaries and other forms of
health insurance. Ensure that the
compensation to support the person
insurance payments and updated
involved.
lists of workers are submitted to
OFATMA on a yearly basis.
Nov-15 Occupational Safety and
OSH Management
No self-assessment was conducted
Conduct monthly OSH self
The factory has an OSH Officer who
Health
Systems
during the past year.
assessments.
is now conducting OSH self
assessments on a monthly basis.
Nov-15 Occupational Safety and
Management stated that OFATMA
The factory should provide work
OSH Management
Management has not sent any
does not provide any services in the
related accident insurance to
Health
Systems
accident reports to OFATMA as
northern region of Haiti. Therefore
workers and regularly share the
they are not registered with this
the factory workers are unable to
accident reports with OFATMA.
organization.
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
Management stated that they will
Ensure that all hazardous and
Chemicals and
Several unlabeled chemical
label all chemical containers and
chemical substances used in the
Health
Hazardous Substances
containers containing solvents and
workplace are properly labeled by
other substances were observed in
post MSDS as suggested.
including the name in Creole and a
the workplace
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.
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
All the MSDS have been posted.
Ensure that MSDS are posted in
Chemicals and
No MSDS were posted in some
local language for all the chemicals
Health
Hazardous Substances
areas where solvents and Blow-out
and hazardous substances used in
were used.
the factory.
Nov-15 Occupational Safety and
The factory hired a qualified
Monitor, prevent and limit workers'
No proper measures have been
Chemicals and
contractor to assess workers'
exposure to chemicals and
taken to monitor, prevent and limit
Hazardous Substances
Health
hazardous substances.
workers' exposure to chemicals and
exposure to hazardous substances.
hazardous substances.
Nov-15 Occupational Safety and
Training sessions on chemical
Improve the existing training plan
Chemicals and
Management did not provide any
management were provided to
for supervisors and workers using
Health
Hazardous Substances
evidence of training for workers
workers at different levels and also
chemicals and include
using chemicals and hazardous
covered in the worker's induction
management of chemicals and
substances.
hazardous substances in induction
training.
training.
Nov-15 Occupational Safety and
Eye washing stations have been
Provide eye washing stations at
Chemicals and
No eye wash stations were
the workplace for workers handling
Health
Hazardous Substances
observed in the chemical storage
provided in the suggested areas.
chemical substances. Ensure that
areas of 5 plants.
the eye washing stations are
properly maintained.
Nov-15 Occupational Safety and
Management has identified the staff
Identify or assign a staff in charge
Worker Protection Workers in the mechanic shop of
in charge of providing and renewing
of providing and renewing the
Health
one plants were not provided with
the PPEs for each factory and
PPEs for each factory. Update the
gloves and goggles.
updated the PPE regulation (based
PPE regulation (based on MSDS
on MSDS and hazard inventory). All
and hazard inventory) accordingly.
employees have been provided with
Provide employees with all the
the necessary personal protective
necessary personal protective
clothing and equipment. Training on
clothing and equipment according
the proper use of PPE has also been
to the PPE regulation. Train
workers on the proper use of PPE
conducted for workers.
and post signs to remind workers
about their safety obligations.
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
CODEVI has been gradually investing
Worker Protection Several chairs did not have
Identify the staff in charge of
to replace the chairs at the factory
Health
backrests in two plants.
maintaining chairs for each factory
and 80% of them have already been
and ensure that all chairs are
changed. Management expects to
provided with backrests.
change the remaining chairs in the
near future.
Nov-15 Occupational Safety and
CODEVI defined staff in charge of
Define the staff in charge of
Worker Protection Numerous machines were not
maintaining machine guards for each
maintaining the machine guards at
Health
fitted with the appropriate
factory and all machines have been
each factory. Ensure that all
protection guards.
machines have proper guards.
fitted with the required safety guards.
Nov-15 Occupational Safety and
The factory posted additional safety
Ensure that appropriate safety
Worker Protection Safety warnings were not posted
warnings are posted in all the
Health
on several electrical boxes in the
warnings in the noted areas.
plants.
workplace.
Nov-15 Occupational Safety and
Management stated that according
Working Environment Temperature levels above the BW
Ensure that the temperature level
to international regulations the
is maintained within the suggested
Health
recommended 30C.
workplace temperature must be the
limit in all plants.
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
Working Environment Insufficient light level. Ensure that the light levels are
The factory has adjusted the light
Health
adequate in all the plants.
levels to comply with this
requirement in all the plants.
Nov-15 Occupational Safety and
All bathrooms are clean and
Welfare Facilities Insufficient number of toilets. Ensure that the factory has
functional, however, management
Health
sufficient toilets for both genders
according to the law. Keep existing
has not added more toilets.
toilets clean and functional.
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
Provide an eating area to
Management has an approved plan
Welfare Facilities The number of seats available in
accommodate all workers.
to build a new eating area to
Health
the eating area is inadequate to
accommodate a greater number of
accommodate the total number of
workers, which will also include a
workers currently employed in the
separated kitchen. This facility is
park.
expected to be completed in 2017.
Nov-15 Occupational Safety and
The factory conducts medical checks
Provide systematic medical checks
Health Services and
No systematic medical checks were
for all newly hired workers and
for all newly hired workers within
Health
First Aid
arranged for newly hired workers
regular medical follow ups for
the first three months of
within the first three months of
employees performing hazardous
employment
employment.
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 Services and
Insufficient medical staff. Hire additional qualified medical
CODEVI currently employs 5 doctors,
Health
First Aid
staff as required by the law.
6 nurses, 2 laboratory technicians, 1
dentist and 1 psychologist and all
these employees have permanent
contracts.
Nov-15 Occupational Safety and
Health Services and
Insufficient number of workers
Provide training to at least 10% of
Additional workers were trained in
Health
First Aid
trained in first-aid.
the workforce in first-aid.
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
The factory installed a sufficient
Install and properly maintain fire
Emergency
Several missing and obstructed fire
number of fire extinguishers at the
fighting equipment and ensure
Health
Preparedness
extinguishers were observed in the
workplace. The maintenance service
that they are readily accessible at
workplace.
provider has also been instructed to
all times.
regularly check and replace non
functional fire-fighting equipment.
Nov-15 Occupational Safety and
The factory has provided fire-fighting
Provide fire-fighting training to at
Insufficient number of workers
Emergency
least 10% of the workforce.
trained in fire-fighting.
Preparedness
Health
training to 10% of the workforce.
Nov-15 Occupational Safety and
Management has ensured that all
Ensure that all emergency exits are
Emergency
At least two emergency exits were
emergency exits are accessible,
accessible, unobstructed and
Health
Preparedness
obstructed at the time of the
unobstructed and unlocked at all
unlocked during working
assessment visits.
hours, including overtime.
times.
Nov-15 Occupational Safety and
Conduct periodic emergency drills
As recommended, management is
Emergency
Not all factories conducted regular
for each plant every 6 months.
currently conducting periodic
Health
Preparedness
fire drills. BW recommends an
emergency drills for each factory
emergency drill every 6 months.
every 6 months.
Nov-15 Compensation Overtime Several workers completed more
Comply with the limit on overtime
than 80 hours of overtime work per
hours worked in all factories.
trimester.
Nov-15 Compensation Overtime No prior authorization from MAST
Management has sent the written
Submit the written agreement
agreement to MAST for approval and
between CODEVI and the two
for working overtime.
is currently waiting for the required
unions to perform overtime to
MAST for approval.
authorization.
Nov-15 Working Time Leave Factory did not provide at least 15
Provide time off for annual leave
All the due leave days were provided.
according to the law.
days of annual leave to all workers
who have complete 1 year's service.
Percentage of workers on an incentive system earning 320 (350 as of 01 May 2016) Gourdes per 8 hours of work:
Nov-15 44%
Oct-16 68%
BETTER WORK HAITI – 14TH SYNTHESIS REPORT
Factory: Fairway Apparel S.A. Location: Port-au-Prince Number of workers: 452
Date of BW registration: Mar-16
Date of last two Better Work assessments:
Jun-16 Jun-15
Advisory and Training Services
11-Aug-16 Industry seminar on Self-Reporting.
20-Aug-16 Industry Seminar on Collective Bargaining
23-Aug-16 Industry Seminar on Collective Bargaining
24-Aug-16 Industry Seminar on Collective Bargaining
29-Aug-16 Industry Seminar on Collective Bargaining
15-Nov-16 Industry Seminar on Fire Safety
14-Dec-16 Introductory meeting with the General Manager. Factory tour and follow up on the improvement plan.
02-Feb-17 Meeting with management to discuss the progress report, followed up by the improvement plan and meeting with PICC members. 22-Feb-17 PICC Meeting. Revision of the different roles of the PICC and the union. Discussion about IR posters and distribution for use in the workplace. 21-Mar-17 Workplace Communication Training
ASSESSMENT COMPLIANCE CLUSTER COMPLIANCE POINT DETAILS OF NON COMPLIANCE IMPROVEMENT PRIORITIES REMEDIATION EFFORTS MONTHS
Assessment June 2016
Jun-16 Compensation Overtime Wages Security guards overtime payment
Adjust the security guards' salary
12
is innacurate.
according to their working hours.
12
Jun-16 Compensation Overtime Wages Security guards were not paid
Ensure that the security guards
The factory changed the
correctly for regular overtime hours.
are paid properly.
security guards employment
contracts.
12
Ensure that the security guards'
Security cameras have been
Jun-16 Compensation Overtime Wages Security guards were incorrectly
pay is compliant with the law.
installed and the guards no
paid for overtime hours worked at
longer work at night.
night as they received a fixed
salary.
Jun-16 Compensation Overtime Wages Security guards were not paid for overtime hours worked during
legally mandated holidays as they
received fixed salaries.
Ensure that the security guards' payments are compliant with legal requirements.
Meeting was held with the HR and accountant staff to implement the
recommendations.
12
12
Meeting was held with the
Ensure that the security guards'
Jun-16 Compensation Overtime Wages Security guards were not paid for
HR and accountant staff to
payments are compliant with
overtime hours worked during
implement the
legal requirements.
weekly rest days as they received
recommendations.
fixed salaries.
12
Ensure that the security guards'
Jun-16 Compensation Premium Pay Security guards were incorrectly
payments are compliant with
paid for regular hours worked at
legal requirements.
night as there was no 50 percent
increase for such payments
12
Ensure that the security guards'
Jun-16 Compensation Premium Pay Security guards were incorrectly
payments are compliant with
paid for regular hours worked
legal requirements.
during weekly rest days.
12
Ensure that the security guards'
Jun-16 Compensation Premium Pay Security guards were incorrectly
payments are compliant with
paid for regular hours worked
legal requirements.
during holidays.
12
Ensure that the attendance
Jun-16 Compensation Wage Information, Use
Payroll records for the last 3
system is linked to the payroll
and Deduction
months showed some
system.
discrepancies.
Jun-16 Compensation Social Security and
The employer's payment to ONA
Ensure timely payments to ONA
59
Other Benefits
was late.
on a monthly basis.
59
Ensure timely payments to ONA
Jun-16 Compensation Social Security and
The employer does not collect and
on a monthly basis.
Other Benefits
forward the workers' contributions
to ONA on time for social
insurance services.
12
Payment for notice of
Management should
Termination The notice period payment for
Jun-16 Contract and Human
termination is based on
compensate workers based on
Resources
terminated workers is incorrectly
average earnings.
the average earnings for the last
calculated.
3 months of work.
Annual leave payments are
12
Management should
Termination The unused annual leave
Jun-16 Contract and Human
based on average earnings.
compensate workers based on
Resources
payments for terminated workers
the average earnings for the last
is incorrectly calculated.
3 months of work.
Jun-16 Contract and Human Resources
Termination Calculation of the annual salary supplement or bonus is innacurate.
Calculate the bonus payments based on the actual days worked during the employment year.
12
The gallons of thinner has
MSDS for thinner and an eye
12
Jun-16 Occupational Safety and
Chemicals and
No MSDS and eye wash station
been removed
wash station should be provided
Health
Hazardous Substances
available for chemicals and
in the mechanic shop.
hazardous substances.
The gallons were removed
12
MSDS for thinner and an eye
Chemicals and
EAs observed 2 gallons of thinner
Jun-16 Occupational Safety and
from the mechanic shop.
wash station should be provided
Health
Hazardous Substances
in the mechanic shop. However, no
in the mechanic shop.
MSDS was available.
Jun-16 Occupational Safety and
Worker Protection No appropriate PPE was provided
Provide appropriate PPE to all
35
Health
to workers using thinner.
workers.
Jun-16 Occupational Safety and
Worker Protection Several workers were not using the
Provide training to workers on
35
Health
PPEs provided by management.
the importance of using PPE.
53
A protective layer has been
Jun-16 Occupational Safety and
Working Environment The temperatures exceeded the
Ensure that the workplace
added under the metal
Health
BW recommended limit of 30 C.
temperatures do not exceed
sheets.
30C.
53
New lights have been
Jun-16 Occupational Safety and
Working Environment Lighting levels do not meet Better
Ensure that the light levels are
installed to comply with the
Health
Work recommendations.
compliant with the
suggested requirements for
recommendations.
each sections.
17 toilets for women have
71
Jun-16 Occupational Safety and
Welfare Facilities Insufficient number of toilets Ensure that the factory has at
been added.
Health
least 28 functioning toilets for
women.
12
Ensure that the eating area can
The factory is expanding the
Jun-16 Occupational Safety and
Welfare Facilities The eating area can only
accommodate all workers.
eating area to comply with
Health
accommodate a small percentage
this requirement.
of the workforce.
Jun-16 Occupational Safety and
Emergency
12
Several obstructed aisles were
Ensure that the aisles in the
Health
Preparedness
noted in the fabric warehouse.
fabric warehouse remain
unobstructed during working
hours, including overtime.
Jun-16 Working Time Regular Hours The time records do not reflect the
Keep accurate working time
12
actual hours worked.
records.
Jun-16 Working Time Leave The factory does not always authorize sick leave when the
workers submit proper medical
certificate.
Provide leave as requested in the medical certificate.
12
Allow nursing workers to take
All workers are able to take
12
Jun-16 Working Time Leave Nursing mothers are not informed
breastfeeding breaks.
breastfeeding breaks.
of their eligibility for breasfeeding
break.
No eye wash stations were
Chemicals and
Jun-16 Occupational Safety and
Install eye wash station on the
12
available on the event of exposure
Hazardous Substances
Health
event of exposure of chemicals
hazardous material.
of chemicals hazardous materials.
Assessment June 2015
Management has addressed
Ensure that working hours are
Jun-15 Compensation Wage Information, Use
The attendance system is not
the issue.
uniformly maintained within a
and Deduction
linked to the payroll and working
single recording system.
hours are reported manually.
Revise internal work rules and
Jun-15 Contract and Human
Employment Contracts The contracts for temporary
employment contracts to ensure
Resources
workers do not comply with the
uniformity and compliance with
labor code.
local laws.
All workers are compensated
Jun-15 Contract and Human
Compensate all workers for
Termination Workers employed for less than 3
according to the law.
unused annual leaves upon
Resources
months are not compensated for
unused annual leaves when
termination.
terminated.
Jun-15 Contract and Human
Termination Workers employed for less than 3
Pay all workers their due salary
All workers are paid their due
bonuses upon termination.
Resources
months are not provided annual
allowances upon termination
salary supplements or bonuses
or resignation.
when terminated.
Jun-15 Occupational Safety and
Worker Protection Several workers were seated on
Provide appropriate chairs with
Health
chairs without back rests.
back rests for all seated workers.
Jun-15 Occupational Safety and
Worker Protection Several machines were missing
Install the appropriate guards on
Management is working to
Health
belt and pulley guards.
all machinery.
ensure that proper guards are
installed on all the machines.
Jun-15 Occupational Safety and
Working Environment Excessive temperatures were
Take appropriate measures to
Health
recorded inside the workplace.
limit workplace temperatures to
a maximum of 30 C.
Jun-15 Occupational Safety and
Emergency
Several aisles in building 2 were
Ensure that all escape routes
The factory removed the
Health
Preparedness
obstructed with boxes of fabrics.
and aisles remain unblocked at
boxes of fabrics.
all times through an appropriate
OSH management system.
Jun-15 Occupational Safety and Health
Emergency Preparedness
Inadequate evacuation plan. Replace the evacuation plan.
Jun-15 Occupational Safety and
Working Environment Untidy work areas. Maintain a tidy workplace.
Health
The factory has participated
Jun-15 Occupational Safety and
Emergency
Several fire extinguishers were
Maintain accessible and
in training related to OSH and
Health
Preparedness
obstructed.
functioning fire-fighting
also hires a firm to check the
equipment at all times.
extinguishers on a monthly
basis
Jun-15 Occupational Safety and
Emergency
Several aisles were obstructed
Ensure that all escape routes
Health
Preparedness
with boxes of fabrics.
remain unblocked at all time.
0
Subscribe all workers to
Jun-15 Compensation Social Security and
The factory is not registered with
OFATMA for maternity and
Other Benefits
OFATMA for maternity and health
health insurance.
insurance.
Register with OFATMA and
0
Jun-15 Compensation Social Security and
The factory does not collect and
forward the workers'
Other Benefits
forward the workers' contributions
contributions for maternity and
for maternity and health insurance.
health insurance.
Jun-15 Contract and Human
Ensure that all workers receive
Termination Workers employed for less than 3
Management has revised the
severance pay upon termination.
Resources
months are not compensated for
system to ensure that
unused annual leaves when
workers receive all their dues
terminated.
upon termination.
Management is revising all
Jun-15 Working Time Regular Hours The time records do not reflect the
Ensure that all the actual
their systems to ensure that
actual hours worked.
working hours are accurately
the working hours are
recorded.
properly recorded.
Jun-15 Occupational Safety and
Worker Protection Electrical boxes were missing
Identify electrical installations
Health
warning signs.
that require warning signs.
Ensure that restricted areas are
clearly marked. Post 'No
Smoking' signs to reduce fire
risks around the workplace.
Jun-15 Compensation Social Security and
The employer's payments to ONA
Submit the monthly payments
Other Benefits
was delayed.
to ONA on time.
Ensure timely payments to ONA
Jun-15 Compensation Social Security and
The employer does not collect and
for insurance services.
Other Benefits
forward the workers' contributions
to ONA for social insurance
services on time.
Jun-15 Occupational Safety and Health
Welfare Facilities Insufficient number of toilets Provide an adequate number of toilets as required by the Haitian
labour code.
Jun-15 Occupational Safety and
Welfare Facilities The eating area is not equipped
Renovate the eating area to
Health
with tables and several of the
properly accommodate workers
available benches are broken;
during meal times.
overall, this area was poorly
maintained.
Jun-15 Occupational Safety and
Working Environment Lighting levels do not meet Better
Adjust the factory lighting levels
Health
Work recommendations.
as recommended.
Percentage of workers on an incentive scheme earning 320 (350 as of 01 May 2016) Gourdes per 8 hours of work:
Jun-15 26%
Jun-16 7%
BETTER WORK HAITI – 14TH SYNTHESIS REPORT
Factory: Fox River
Location: Port-au-Prince Number of workers: 52
Date of BW registration: Oct-10
Date of last two Better Work assessments:
May-16 Oct-15
Advisory and Training Services
23-Sep-16 One day Communication Training
01-Dec-16 Meeting with General manager about the remediation efforts since the last visit. Planning of the first PICC meeting and factory tour. 30-Jan-17 Discussion on training needs and expectations on remediations. Discussion about the use of the new IR posters.
ASSESSMENT COMPLIANCE CLUSTER COMPLIANCE POINT DETAILS OF NON COMPLIANCE IMPROVEMENT PRIORITIES REMEDIATION EFFORTS MONTHS
Assessment May 2016
May-16 Compensation Social Security and Other
Employer's contribution to ONA. Ensure to pay the contributions
7
Benefits
to ONA for the previous month
within the first 10 days of the
current month.
0 7
May-16 Compensation Social Security and Other
Workers' contribution to ONA. Ensure to pay the contributions
Benefits
to ONA for the previous month
within the first 10 days of the
current month.
May-16 Contract and Human
Employment Contracts Internal work rules document is not
Ensure the internal work rules
Resources
yet approved by MAST.
are approved by the MAST.
May-16 Occupational Safety and
OSH Management Systems No OSH assessment report was
Keep a record of OSH
A notebook is now used to
Health
found for the last 12 months.
assessment that should be
do the reporting
timely updated.
May-16 Occupational Safety and
Worker Protection No eye guards, finger guards and
Ensure that sewing machines
0 55
Health
pulley guards are installed on the
have guards on them.
factory's machines and equipment.
May-16 Occupational Safety and Health
Worker Protection During the factory tour, EAs observed one electrical box without
safety warning signs.
Ensure that electrical boxes are clearly identified with warning signs.
Safety warning have been post on all electrical installations.
55
May-16 Occupational Safety and
Working Environment Insufficient level of lightning in the
Ensure of lightening follows
Health
workplace.
Better Work recommendation
The broken toilets have
Replace the non-functioning
May-16 Occupational Safety and
Welfare Facilities The factory has a sufficient number
been replaced. Other tools
toilets and visual signs
Health
of toilets for both genders. However,
such as buckets of water
concerning the usage of the
none of them were functioning at
have been bought to
toilets. Training to be made on
the time of the assessment visit.
facilitate the flush. Visual
"hygiene at work".
signs on the usage of the
toilets have been posted
everywhere including on
the toilets doors.
May-16 Occupational Safety and
Welfare Facilities No recent documentation validating
Ensure to validate the quality
Health
the testing of the water.
of the water by a test made by
a laboratory recognized by the
Ministry of Health.
May-16 Occupational Safety and
Health Services and First
Insufficient medical staff. Ensure to comply with the
0 55
Health
Aid
number of medical staff as per
the Haitian labor code.
May-16 Occupational Safety and
Health Services and First
Workers did not receive medical
Medical check for new workers
55
Health
Aid
checks within the first three months
is in process.
of being hired.
May-16 Occupational Safety and
Health Services and First
No annual medical checks
Ensure that all workers receive
0 55
Health
Aid
performed.
their annual medical check.
May-16 Occupational Safety and
Emergency Preparedness One fire drill performed per year. Ensure to conduct, at least two
Management and PICC
7
Health
drills a year.
meeting committed to
organize two drills a year.
May-16 Occupational Safety and
Emergency Preparedness No evacuation plan is available in
Ensure that emergency exits
The evacuation plan is still
19
Health
the workplace.
and escape routes are clearly
pending.
marked and posted in the
workplace.
May-16 Working Time Regular Hours The attendance record is done
Ensure that attendance records
0
manually by management and
are accurate.
therefore the EAs could not validate
its accuracy.
May-16 Working Time Leave Management did not inform eligible
Ensure to inform all eligible
Management informed all
workers about the breastfeeding
workers about the
eligible workers about the
breaks.
breastfeeding breaks.
breastfeeding breaks
Assessment October 2015
0 7
Oct-15 Compensation Social Security and Other
Late payment for ONA Ensure that ONA payment is
Benefits
made within the first 10
working days of the following
month.
Collecting and forwarding workers'
Ensure that ONA payment is
0 7
Oct-15 Compensation Social Security and Other
made within the 10 first day of
Benefits
contributions for social insurance
the following month.
funds to ONA.
7
Oct-15 Compensation Social Security and Other
Factory is not affiliated with the
Ensure to comply with the
Benefits
OFATMA maternity and health
Haitian Labor Code concerning
insurance.
the OFATMA maternity and
health insurance.
Oct-15 Compensation Social Security and Other
Factory is not paying contributions
Ensure that the factory is
7
Benefits
to OFATMA for workers' health and
affiliated with the OFATMA
maternity insurance.
maternity and health
insurance.
12
Oct-15 Occupational Safety and
Emergency Preparedness The factory has not trained any
Train an appropriate number of
An appropriate number of
Health
workers in fire fighting since 2013.
workers to use the fire fighting
workers has been trained
equipment.
to use the fire fighting
equipment.
0 12
Oct-15 Occupational Safety and
Emergency Preparedness No evacuation plan is available in
Ensure that emergency exits
Health
the workplace.
and escape routes are clearly
marked and posted in the
workplace. Ensure to post The
evacuation plan within the
plant.
Oct-15 Occupational Safety and
Emergency Preparedness Last fire drill was conducted in June
Ensure to conduct two
0 6
Health
of 2013.
emergency drills per year.
Oct-15 Occupational Safety and
Health Services and First
Insufficient medical staff. Ensure the workplace have
48
Health
Aid
required onsite medical
facilities and staff.
Oct-15 Occupational Safety and
Health Services and First
No first aid training has been
Provide first-aid training for
0 48
Health
Aid
provided for workers since 2013.
workers.
Oct-15 Occupational Safety and Health
Health Services and First Aid
The factory does not provide annual medical checks for worker.
Provide annual medical checks for worker.
48