(2018) Better Work Haïti : 17e Rapport de synthèse semestriel

[page 1] BetterWork 17th Biannual Synthesis Report [page 2] ILO CATALOGUING IN PUBLICATION DATA Better Work Haïti. 17* Synthesis Report under HOPE Il Legislation International Labour Office synthesis report / labour law / hope legislation / haiti / garment labor / garment / industry / compliance October 2018 Copyright © International Labour Organization (ILO) and Inter- The designations employed in this, which are in conformity national Finance Corporation (IFC) with United Nations practice, and the presentation of material therein do not imply the expression of any opinion whatsoever October 2018 on the part of the IFC or ILO concerning the legal status of any Publications of the ILO enjoy copyright under Protocol 2 ofthe country, area or territory or of its authorities, or concerning the Universal Copyright Convention. Nevertheless, short excerpts delimitation of its frontiers. from them may be reproduced without authorization, on The responsibility for opinions expressed in signed articles, condition that the source is indicated. For rights of reproduction studies and other contributions rests solely with their authors, or translation, application should be made to the ILO, acting and publication does not constitute an endorsement by the IFC on behalf of both organizations: ILO Publications (Rights and or ILO ofthe opinions expressed in them. Permissions), International Labour Office, CH-1211 Geneva 22, Switzerland, or by email: pubdroit@ilo.org. The IFC and ILO Reference to names of firms and commercial products and welcome such applications. processes does not imply their endorsement by the IFC or ILO, b d d'with d and any failure to mention a particular firm, commercial prod- Libraries, institutions and other users registered with reproduc- uct or process is not a sign of disapproval. tion rights organizations may make copies in accordance with the licences issued to them for this purpose. Visit www.ifrro.org ILO publications can be obtained through major booksellers or to find the reproduction rights organization in your country. 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 [page 3] COPYRIGHT 1 Copyright © International Labour Organization (ILO) and International Finance Corporation (IFC) (2018) First published (2018) 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 Cataloging in Publication Data Better Work Haiti: apparel industry 16th biannual synthesis report under the HOPE Il legislation / International Labour Office; International Finance Corporation. - Geneva: ILO, 2018 Tv. 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 ofits 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 orILO 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.betterwork.org [page 4] 3 BETTER WORK HAITI - 17'*“ SYNTHESIS REPORT , Table of Contents List of Tables and Charts... À List of ACTONYMS nr nnrnrnnrnnrnrnnrnrnnrnrnnnnennnnennnnnennnnnennnnenennnes D Section I: Introduction and Context... Ô 1.1. Background... nsnnenennnnernereeeeennnnenennnnnne Ô 1.2. Country Context and Industry Updates... Section Il: Highlights from the Reporting Period sn 1O 2.1. Compliance Situation in Haïti’s Exporting Garment Sector T2 2.2. Compliance Performance with regards to International Core Labor Standards 14 Child Labor... eee VA Discrimination... V4 Forced Labor... eee TD Freedom of Association and Collective Bargaining 15 2.3. Compliance Performance with regards to National Labor Standards... 17 COMPENSQTION .......neeeeennennnnnne A Contracts and Human RESOUrCeS nee 20 Occupational Safety and Heglth.…........................ sn 2] Working TIME... eee 2 O 2.4. Advisory and Training Services in the Reporting Period... 24 Better Work Advisory Services... 24 Better Work Trainings........................................... nn ZA Section III: Conclusion and Next Steps.....………. nr 28 Annex 1. The TAICNAR Project and Reporting Requirements under the HOPE II Legislation sense BO Annex 2. Better Work’s Service Delivery Model nn 33 Annex 3. The Better Work Compliance Assessment Methodology... 36 Better Work Compliance Assessment Framework 36 Calculating Non-Compliance & Public Reporting #2 Limitations in the Assessment Process... 43 Annex 4: Factories in Detail sn 46 List of Factories ss 46 Findings from the Factories "nn A7 [page 5] 4 BETTER WORK HAITI - 17'*“ SYNTHESIS REPORT , e List of Tables and Charts Chart 1: Non-combpliance rates for 28 factories assessed between September 2017 and August 2018 over two Better Work cycles T4 Table 1: Factory’s PICC Status... nn 2D Table 2: Better Work compliance assessment framework sr Table 3: List of factories in the Haïtian apparel sector which have been assessed between April 2017 and March 2018... rm AD [page 6] 5 BETTER WORK HAITI - 17'*“ SYNTHESIS REPORT , e List of Acronyms ADIH Association des Industries d'Haïti (Haïtian Industry Association) BMST Bureau de la Médiatrice Spéciale du Travail CAOSS Conseil d'Administration des Organes de Sécurité Sociale (Board of Social Security Bodies) CP Compliance point css Conseil Supérieur des Salaires (Wages High Council) CTMO-HOPE Commission Tripartite de Mise en œuvre de la loi HOPE EA Enterprise Advisor HELP Haïti Economic Lift Program HOPE Haïitian Hemispheric Opportunity Through Partnership Encouragement Act ITUC International Trade Union Confederation MSDS Material Safety Data Sheet MAST Ministère des Affaires Sociales et du Travail (Ministry of Labor and Social Affairs) OFATMA Office d'Assurance de Travail, de Maladie et de Maternité (Office for Work, Health and Maternity Insurance) ONA Office Nationale d'Assurance Vieillesse (National Office for Old-Age Insurance) OSH Occupational safety and health PAC Project Advisory Committee PIC Parc Industriel de Caracol PICC Performance Improvement Consultative Committee PIM Parc Industriel Métropolitain (also referred to as SONAPI) PPE Personal Protective Equipment SC/AFL-CIO Solidarity Center/American Federation of Labor - Congress of Industrial Organizations TDS Social Dialogue Table (Table de Dialogue Social) TAICNAR Technical Assistance improvement and Compliance Needs Assessment and Remediation USDOL United States Department of Labor [page 7] 6 BETTER WORK HAITI - 17'*“ SYNTHESIS REPORT , Section I: Introduction and Context 1.1. BACKGROUND Better Work - a collaboration between the United Nations’ International Labour Organization (ILO) and the International Finance Corporation (IFC), a member of the World Bank Group - is a comprehensive program bringing together all levels of the garment industry to improve working conditions and respect of labor rights for workers, and boost the competitiveness of apparel businesses. The program was launched in Haiti in June 2009 as part of the global Better Work program with country operations in Bangladesh, Cambodia, Haiti, Indonesia, Jordan, Nicaragua, and Vietnam. To date, Better Work is focusing its efforts on the apparel and footwear industry in the countries it operates in. However, companies from other industries may benefit from Better Work services in some particular country contexts.] In Haiti, the program is mandatory for all apparel producers exporting their products to the US market under the HOPE Il legislation. The HOPE Il law requires that Haiti in cooperation with the ILO establishes a Technical Assistance Improvement and Compliance Needs Assessment and Remediation Program (TAICNAR) which (i) assesses Haitian apparel factories exporting under the HOPE Il law on compliance with international core labor standards and national Haitian labor law, (ii) assists these factories on their remediation efforts and (iii) provides capacity building to the Government of Haïti on these aspects. According to the HOPE legislation, biannual reports have to be published to state enterprise level compliance performance. Further details on the components of the HOPE Il law as well specific requirements with regards to biannual reports being published by the entity operating the TAICNAR program are quoted in annex 1 (HOPE Il Legislation Reporting Requirements). This is the second of these two annual reports under the HOPE legislation to be published in 2018. Detailed enterprise level data of compliance performance as required by the HOPE Il legislation is included in the factory tables in annex 4. The two components of HOPE Ils TAICNAR program aim at strengthening labor compliance of the industry in Haiti. The first of these elements focuses on assessing compliance with core labor standards and national labor law, supporting remediation efforts, and publicly reporting on the progress of each In Haïti for example, a plastics factory is participating voluntarily in the program by paying a market price for the Better Work services. [page 8] 7 BETTER WORK HAITI - 17°" SYNTHESIS REPORT , factory on the Labor Ombudsman's register. The second element of the TAICNAR program consists of technical assistance to strengthen the legal and administrative structures for improving compliance in the industry. The scope of these services is extensive, encompassing technical assistance from the ILO in reviewing national laws and regulations to bring them into conformity with international standards, raising awareness of workers’ rights, and training labor inspectors, judicial officers and other government personnel. To encourage compliance with core labor standards and national labor law, the legislation indicates that preferential treatment may be withdrawn, suspended, or limited by the President of the United States from producers who - even after assistance has been provided - fail to come into compliance with the core labor standards and national labor law that is related and consistent with those standards. Removal of benefits is based on determinations made by the government of the United States, based primarilÿ on non-compliance identifications made by the U.S. Department of Labor (USDOL). While Better Work Haïti reports are consulted as USDOL carries out its mandate to implement HOPE Il, Better Work Haiti non-compliance findings cannot, on their own, serve to impact preferential treatment under the HOPE Act. Better Work Haiti has been implementing the first component of the TAICNAR program from 2009 until 2017 while other ILO projects, in particular the ILO- MAST capacity building project worked on the second component. As of 2018 with the start of the third phase of the Better Work Haïti project (2018 - 2022), Better Work will also take on several elements of the second component of the TAICNAR program while continuing carrying out activities covering TAICNAR component one. The Better Work program is coordinating its work with the Labor Ombudsman and a tripartite Project Advisory Committee (PAC). This committee meets with Better Work on a regular basis to discuss the activities of the Better Work program. The members of the PAC represent the private sector, government and worker representatives and the Committee is chaired by the Labor Ombudsperson in line with the requirements of the HOPE law. 1.2.COUNTRY CONTEXT AND INDUSTRY UPDATES President Moïse set an ambitious reform agenda for the new government. The focus lies on the following seven priority areas: State reform and political stability; investments; agricultural production and the environment; energy, road and port infrastructure; water and sanitation infrastructure; education; and promoting stability through social projects. Moïse also called for better alignment of international assistance to Haiti with national priorities. [page 9] 8 BETTER WORK HAITI - 17°" SYNTHESIS REPORT , During the reporting period, several political and socio-economic demonstrations took place in Haiti due to various issues. The announcement of cuts to gasoline subsidies in Haïti in July fueled violent street protests and led to the resignation of the Prime Minister and his cabinet. The resurgence of the Petro Caribe funds issue in national debates has also fuelled protests and heightened tensions. The new Prime Minister, Jean-Henry Céant, and his cabinet were installed in September. Total export revenues from the textile and garment industry in Haïti continue to account for approximately 90% of national export earnings and 10% of national GDP. Since the expansion of tariff benefits under the HOPE/HELP preference programs, apparel exports from Haïti to the US have more than doubled, growing from US$ 412.4 million in 2008 to a high of US$ 895.3 million in 2015. In 2016 and 2017, Haitian apparel exports to the US showed a slight decrease to US$848.7 million and 865 million respectively. The apparel industry is also among the largest employers within Haiti, creating jobs for approximately 52,000 people according to data from August 2018 from the employers association ADIH. The workforce in this industry therefore saw a growth of roughly 20 percent since January 2017 when this figure still stagnated at 40,000 (since mid-2015). Most workers (about 65-70%) are women who support several family members. It has to be noted that ADIH includes management staff in these calculations. Based on Better Work’s data collection over more than six years in Haits apparel industry, one can say that management staff accounts for approximately 10-15% in the factories. Therefore, the number of production workers lies at around 42,000-47,000. ADIH continues to update these figures based on statistics provided by its member companies several times a year. Currently, the biggest companies in the sector remain S&H Global and CODEVI which together employ approximately 20,000 workers. Both are located in Haitis North East. 31 exporting factories are currently registered with BWH with three of them being newly registered facilities for which no data is included in this report yet. There are also strong indications that a number of new investors are planning to start operations in Haiti in the near future. More and more foreign direct investment is being put in the garment sector, especially from groups that also have facilities in other countries in the region, especially in Central America. There continues to be a general trend in shift of production from the capital in Port-au-Prince to the North of the country. The combined workforce of the factories in the North represents now almost 45 per cent of the total employment in the sector. [page 10] 9 BETTER WORK HAITI - 17°" SYNTHESIS REPORT , Tensions in the garment sector around the minimum wage and other concerns by the union movement added to the overall politically volatile situation in Haïti in the reporting period. Various governments have updated their website’s travel information reflecting this security situation. The UN continues to call its members to exert caution and be particularly vigilant during this period of political instability. Demonstrations and sporadic civil unrest cause frictions in country. Road blocks and frequent restrictions of movement continue to impact the daily lives of the population. The second quarter saw several protests of workers requesting the Government to publish the new minimum wage. Workers were requesting an increase to 1000 Gourdes from the current level of 350 Gourdes per 8 hours of work. Overall, the unions made the following demands to the government and the employers: 1 Minimum wage of 1000 Gourdes to be announced by presidential decree; 2. Noincrease of production quotas in garment factories to be mentioned in minimum wage decree; 3. Budgeting of social services for the new fiscal year including social housing, transportation and food subsidies; 4. Resuming the labor law reform process; 5. Increase the HTG 60,000 threshold for non-payment of taxes for earnings under this amount to HTG 125,000; 6. Improvement of social security services by the two social security institutions ONA and OFATMA; 7. Reinstatement of dismissed workers in several factories; 8. For the government to provide the social benefits promised (Transportation, housing and food); 9. Legitimate representativety of the trade unions in the tripartite councils (CSS, CAOSS) 10. MAST to abide by the HOPE LAW and play role as authority with the private sector. During the time of writing this report, the Government published the new minimum wage which for the garment sector increased from 350 to 420 Gourdes per eight hours or work. [page 11] 10 BETTER WORK HAITI - 17'*“ SYNTHESIS REPORT , Section Il: Highlights from the e e Reporting Period Over the past months, Better Work continued delivering core services - assessment, advisory and training services - to all participating factories. In addition, Better Work continued its partnerships with various other actors to move specific projects forward in the garment industry in Haïti. Highlights from the reporting period include: * The Productivity Accelerator project continues to be implemented in Haïti and Nicaragua. Regular advisory visits by the team of experts were conducted in both countries on a biannual basis. The volatile situation in Haïti over the past 3 months caused some challenges in terms of planning of the visits. The regular in factory visits’ focused on identifying the non-value-added activities in production that impact productivity, as well as how the current quality system may be playing an important role into the productivity components for which awareness on quality at the source must be created. Factories and brands continue to provide positive feedback on the project. During the Regional Buyers Forum in Hong Kong, project progress was presented and participating brands provided positive feedback on the results and encouraged Better Work to scale this work. Other productivity enhancement pilot projects are implemented in other BW countries. In 2019, Better Work will evaluate which tools and measures could be incorporated into the standard Better Work service offer. * A joint mission of the International Trade Union Confederation (ITUC), of the Confederation of Workers of the Americas (CSA), of the Bureau for Workers' Activities (ACTRAV) of the ILO and Better Work (BW) was conducted in September 2018, in Port-au-Prince, with a view to discuss various points concerning the trade union situation in the garment sector. The objective of the mission were as follows: o Consult and reach agreement with Haitian trade unions on principles of representation for the garment industry (which can support similar efforts at national level) and a mechanism for electing new union representatives to the Better Work Project Advisory Committee (PAC). [page 12] 11 BETTER WORK HAITI - 17°" SYNTHESIS REPORT , o Assess the current capacity building needs of trade unions representing workers in the Haitian apparel industry, as a basis for defining the key priorities of a workplan of all included partners to complement the current 5-year strategic phase of the Better Work Haiti Programme. o Identify the key barriers towards the advancement of Freedom of Association and meaningful social dialogue at sectoral and national levels in Haïti as a means towards proposing recommendations to the ILO’s Programme of Work in Haiti. + With the new phase of the Better Work Haiti program from 2018 - 2022, capacity building of all tripartite constituents - including Government partners - has become a key area of focus for the program. Hence, activities conducted and initiated under the ILO/MAST program are being continued and completed by BWH: o BWH collaborated with MAST to develop and implement a national training plan for ONA, OFATMA and labor inspectors. Currently, MAST trainers have conducted 6 training sessions in five departments of the country (West, North, North-east, South and Center department). À total of 173 inspectors of ONA, OFATMA and MAST regional office have been participating in these training sessions. o BWH supported Labor Administration to develop and implement à national labor inspection plan. So far, labor inspectors from West Department have carried out 13 inspections. o BWH facilitates the execution of several administrative reform activities within the Labor Administration, such as the development of an archiving system for the labour administration system, the set up of a call centre, the development and design of three types of communication products (Banners, Flyers and audio spot) to facilitate the Core Labor Standard and National Labor promotion campaign, as well as the MAST website. © BWH support the government to increase social security coverage and the quality level of services of ONA and OFATMA for workers in the garment sector. In the reporting period more [page 13] 12 BETTER WORK HAITI - 17°" SYNTHESIS REPORT , factories have comply to register their workers in collaboration With ONA and OFTMA gradually more present in the sector. 2.1. Compliance Situation in Haïiti’s Exporting Garment Sector All factories registered with the Better Work program in Haïti are assessed once per year. This assessment is conducted after an initial advisory period of about 100 days and follow up advisory visits and trainings are offered after the assessment to facilitate continuous learning and improvement. For more information on the Better Work service delivery model as well as the Better Work assessment methodology, please consult annex 2 and annex 3 respectively. This section presents the results of assessments, advisory and training services provided to all 28 participating factories in the period between September 2017 and August 2018. The first chart presents non-compliance findings for the 28 assessed factories in Haiti showing non-compliance rates in brackets. À factory is found non- compliant in a compliance point if it is found out of compliance on any one aspect of it. Please note that as these reports are issued biannually, yet assessments are being done on an annual basis, issues are reported in two consecutive reports. In the individual factory tables in Annex 4 of this report, progress on the remediation of non-compliance issues can be followed in further detail. Persistent noncompliance issues in areas related to compensation (social security) and OSH (Chemicals management and emergency preparedness) continue to be a concern for the sector. In addition to the focus on management systems during advisory and training, Better Work is working closely with the Ministry of Labor and Social Affairs, ONA and OFATMA to address these issues in a sustainable way. In fact ensuring that all parties involved in labor inspection are aligned on the way to assess and address these issues is key to solving them. À first OSH training was organized by Better work and MAST for OFATMA inspectors in October 2017. Also, a joint workshop was organized in May 2018 with inspectors from MAST, ONA and OFATMA to review the legal framework on social security and agree on the approach for assessing compliance in this area. Better Work is also supporting the Ministry of labour in the implementation of a national training plan for MAST, ONA and OFATMA inspectorate to reinforce their capacity in compliance assessment. All these efforts should contribute to reduce the rates of persistent noncompliance by 2019 as several actors will be actively involved in the monitoring of these issues. [page 14] 13 BETTER WORK HAITI - 17“ SYNTHESIS REPORT CR Chart 1: Non-compliance rates by Compliance Point - September 2017 - August 2018 (28 factories) 5 Child Labourers ZÆ 8 Documentation and Protection of Young Workers PA °8 Hazardous Work and other Worst Forms D El ED PP Ê£ 5 Race and Origin EE È : Religion and Political Opinion EE 3 EC ê Coercion RE 3 Forced Labour and Overtime EE 5 PR LE CV Bag 0 È 5 3 È Freedom to Associates Lo) SES Interference and Discrieinat» ge oo) È ë 8 à es mm) < Union Operations on 0) Method of Payment EE c Minimum Wages/Piece Rate Wages CE É Overtime Wages A $ ai Leave om oo 4 Premium Pay RE 2 Social Security and Other Benefits PP Wage Information, Use and Deduction PV 2 : Contracting Procedures RE £ 5 Ë Dialogue, Discipline and Disputes EE £ 2 $ Employment Contracts PE 9 ÊTé PP Chemicals and Hazardous Substances re 8 24” H Emergency Preparedness EE È Health Services and First Aid RE à £ OSH Management Systems | È Ê Welfare Facilities EE H Worker Accommodation RE ë Worker Protection A e] Working Environment EE EP re Leave A 3 Ë Overtime Lo) = eg Ho oo 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% M Non-compliance rate (n= 28) [page 15] 14 BETTER WORK HAITI - 17°" SYNTHESIS REPORT , 2.2. Compliance Performance with regards to International Core Labor Standards During the last round of assessments between August 2017 and September 2018 in 28 factories, the following results with regards to core labor standards have been observed. CHILD LABOR During the period under review, there were two findings related to child labor. Although no child was found working in any of these two factories, these non- compliance issues are due to the fact that both factories failed to request proper identification for some workers during the hiring process. Keeping a reliable system in place to verify the age of workers prior to hiring is a key element to prevent child labor in garment factories. DISCRIMINATION One case of gender discrimination was found during the reporting period. The factory found in non-compliance has à policy on sexual harassment, has organized sexual harassment prevention training at all levels of management and workers, and has followed through with termination when such incidents occurred. Also, all supervisors and managers are trained on sexual harassment and required to commit to respect the factory's policy on this matter. However, this policy has been undermined through management discretion at the module level to rehire a known offender. In addition, it was found that male management staff was conducting random bathroom checks at the same factory which has created a humiliating work environment for workers. At the time of the assessment visit, there was no evidence that specific measures have been put in place to ensure that known harassers are not rehired or that HR staff do not abuse their power, or that bathroom checks if necessary are only conducted by a person of the same sex in a respectful manner. The factory took immediate action following the assessment visit to terminate the harassers. BWH is providing additional advisory and training services to help the factory improve its current procedures. Also, a new training on sexual harassment is being implemented at several factories since August 2018 in order to prevent sexual harassment and raise workers awareness. [page 16] 15 BETTER WORK HAITI - 17°" SYNTHESIS REPORT , FORCED LABOR There are no findings under the Forced Labor Cluster in this reporting period. FREEDOM OF ASSOCIATION AND COLLECTIVE BARGAINING There are two cases of non-compliance under the cluster for Freedom of Association and Collective Bargaining, all under the compliance point of Interference and Discrimination. These two cases were already reported in the April 2018 report. The details of remediation efforts on these cases, are available in individual factory tables in Annex 4 of this report. AS previously mentioned, Better Work recommended to reinstate the terminated workers with compensation for back pay. Better Work also made the following industry wide recommendations after a series of strikes in 2017: * The employers and Trade Union Representatives that are present on the Social Dialogue Table (ideally in consultation with employers and unions that are not titular members of the Social Dialogue Table) should consider a review and amendment - as necessary - of the Terms of Reference of the Social Dialogue Table, to ensure that it is functionally representative of employer and worker interests in the export garment and textile industries and that it meets on a regular basis with clear outcomes. * Review and revise as necessary provisions in the Labor Law Guide relating to strikes, so that they fully and accurately reflect Haitian Law and international labor standards. * In the ongoing Labor Law reform process, the Government of Haiti and the social partners should work to ensure that there is adequate protection for factory level trade union officers in carrying out their representative functions, with adequate protection against acts of anti- union discrimination, including during recruitment, hiring, employment and termination. * In collaboration with the ILO, the Government of Haïti, in partnership with the social partners in Haiti, may consider a review and amendment of the Terms of Reference of the Superior Council of Wages (Conseil Superior des Salaires, or CSS), including the selection process and mandate of representatives. The trade unions in the sector, with the support of ILO ACTRAV and the Global Unions, may consider [page 17] 16 BETTER WORK HAITI - 17°" SYNTHESIS REPORT , establishment of a labor caucus for the preparation of, and follow-up to decisions of the CSS. * Haïitian Employers’ and Workers’ Organizations may wish to consider a review of the lessons learned from collective bargaining at the enterprise level in Haiti, and if appropriate, request support from the ILO on technical assistance on examining models of collective bargaining that may be most relevant to the garment and textile industry in Haïti, including with respect to representative voices of workers and employers in the process. * _Factories and trade unions that have negotiated and implemented FOA policies and protocols may consider engaging with workers and other relevant stakeholders, (with ILO support) to determine lessons learned and areas of improvement for better industrial relations. * The ILO and MAST should focus on consolidation of the existing collaboration between the Better Work Haïti Program and the Labor Inspectorate Garment Sector Task Force, and develop recommendations for sharing lessons learned and strategies for ensuring maximum effectiveness, efficiency and independence of the inspectorate with other MAST departments. + ADIH and Trade Union Federations should provide support to factories and enterprise level union representatives on developing the capacity of employers and unions to resolve rights and interest disputes in line with Haïitian law and international labor standards, with the support of the Haiïitian Labor Ombudsperson and the ILO. These recommendations were presented to Better Work Haitis stakeholders and assisting partners on these issues is part of the new workplan of the program for the next five years. As a results, the following actions were taken : * The consultations related to the Labor Law reform process, resumed in August 2018. The ILO is supporting the process by providing administrative and logistical support. The Government of Haïti and the social partners are expected to ensure that there is adequate protection for factory level trade union officers in carrying out their representative functions, with adequate protection against acts of anti-union discrimination, including during recruitment, hiring, employment and termination. [page 18] 17 BETTER WORK HAITI - 17°" SYNTHESIS REPORT , * The Government of Haiti appointed a new member to the Superior Council of Wages (Conseil Superior des Salaires, or CSS), in order to ensure that this committee is able to fulfill its mission. * As mentioned above, a high level mission with representatives from Better Work Global and ITUC was conducted in September 2018 in order to discuss challenges faced by trade unions in Haïti. * Better Work hired a former ILO projet officer working on the ILO-MAST capacity building project in order to continue the work related to the consolidation of the existing collaboration between the Better Work Haiti Program and the Labor Inspectorate Garment Sector Task Force. Lessons learned and strategies for ensuring maximum effectiveness, efficiency and independence of the inspectorate with other MAST departments are being discussed in regular meeting with MAST management. 2.3. Compliance Performance with regards to National Labor Standards Better Works compliance assessment framework is based on eight clusters, four related to international core labor standards (see previous section) and four with regards to national labor legislation. Each cluster consists of several compliance points and each compliance point is made up of several questions (see Table 3 in the annex for further detail on the structure of the Better Work compliance assessment tool). In this section, selected compliance points will be analysed in further detail. Chart No. 1, which gives an overview of the compliance performance of the full set of factories in the sample, shows that the same compliance points tend to remain at high non-compliance rates of over 50% from one cycle to the next. Most of these so-called persistent non-compliance (PNCSs) points have been analysed in detail in past reports. Therefore, some compliance points with lower non-compliance rates will be included in further detail in this edition of the report. COMPENSATION In the Compensation cluster, the highest non-compliance rates persist in the compliance point of Social Security and Other Benefits (75%), as well as the [page 19] 18 BETTER WORK HAITI - 17°" SYNTHESIS REPORT , compliance point on Paid Leave (39%). 21% of factories were found in non- compliance with regards to overtime wages. In general there is significant progress related of these points in comparison to previous years. The progress observed in the compensation cluster is due to the fact that the government clarified the issues related to the average daily salary for piece rate workers both in a note published in, March 2017 and in the labor law guide published by BW in collaboration with the government in December 2017. BWH Enterprise advisors were able to be more effective in their advisory work with these new written guidelines as the factories started to apply them. Also, the recent collaboration with both ONA and OFATMA helped reduce the number of non- compliance cases related to social security. Notable efforts were observed in the number of factories registering with the new maternity and health insurance offered by OFATMA. Five factories were also found in noncompliance for not keeping one accurate payroll record. These findings were in general related to the fact that time records were inconsistent with the payrolls for overtime or hours of work performed during weekly rest days. All assessed factories are in compliance with regards to the payment of the legally required minimum wage. Further details on the compliance points of overtime wages and paid leave are provided below. OVERTIME WAGES found NC Question SE for all ordinary overtime hours worked? one Reese for overtime hours worked on legally mandated holidays? Enr Sera dae e OT for overtime hours worked on weekly rest days? Six factories were found in non-compliance for not paying workers 50% above the normal wage for all ordinary overtime hours worked. In fact, in four of these factories, assessors found that overtime hours are not always recorded for workers in the sewing lines. In one of the facilities, assessors also found that several workers categorized as apprentices were subjected to overtime hours. During interviews, these workers confirmed that they regularly work beyond normal working hours but receive only the apprentice salary, which is 40% of the minimum wage with no compensation for the overtime hours worked. [page 20] 19 BETTER WORK HAITI - 17°" SYNTHESIS REPORT , In the other two factories, although overtime hours are recorded, they are not paid due to internal procedures. For example, in one factory workers receive the production bonus for reaching their daily quota for which the occasional extra overtime hours was necessary. Management explained that the bonus is more favorable to workers than the overtime payment since it is higher. In the other one, any time worked after 4 pm without prior approval is not compensated. As a result, in the attendance, the actual exit time is different than the exit time considered by the factory to be compensated. Management said that they only allow 1 hour overtime except in case of inventory or emergency, although workers might voluntarily choose to stay after 5 pm, in order to reach their quota. Interviewed workers said they were not aware of overtime payment conditions. PAID LEAVE Compliance Question NC Rate by found NC Question Does the employer pay workers correctly during 0% breastfeeding breaks? Does the employer pay workers correctly during sick 21% leave? Does the employer pay workers correctly during the daily 0% break? Does the employer pay workers correctly for annual leave? Does the employer pay workers correctly for legally 4 14% mandated holidays? Does the employer pay workers correctly for maternity 21% leave? Does the employer pay workers correctly for weekly rest 4 14% days? Six factories were found in non-compliance for inaccurate payment of sick leave. In fact, the calculation of sick leave payments for workers entitled to incentives is based on the minimum wage of reference instead of average earnings as required by the law under Article 148. The other non-compliance issues under paid leave such as the payment for legally mandated holidays, maternity leave and the weekly rest days are also related to the fact that the payments were based on the minimum wage instead of average earnings. In all these cases, management stated that they were not aware of this requirement and informed the Better Work assessors that the necessary modification in the payroll system will be made. Howeverit is important to note that the new law published in September 2017 on the organization of the [page 21] 20 BETTER WORK HAITI - 17°" SYNTHESIS REPORT , working hours in three shifts of eight hours eliminated the requirements to pay for non-working weekly rest days and legally mandated holidays. However most factories are not applying this new regulations due to the fact that such benefits are already included in their current work contracts or internal work rules. This new law also require the payment of the daily break for a minimum of 30 minutes. The new legal requirement is also not yet applied. Management explained that they have not yet implement the new law related to the organizing and regulating work over a 24-hour period divided into three segments of eight hours. Documentation review, management and workers interview confirmed that the employers still provide benefits that are no longer required under the new law on working hours such as payment for the weekly rest day or non-working holidays. Therefore, Better Work is not finding non- combpliance for the non-payment of the daily break for this cycle. CONTRACTS AND HUMAN RESOURCES In the cluster on Contracts and Human Resources, an average of 17% of factories were cited in non-compliance under the compliance point termination for different questions. Further details are outlined in the tables below. TERMINATION Compliance Question # of factories NC Rate by Question found NC Does the employer compensate workers for unused paid 2 7% annual leave when they resign or are terminated? Does the employer comply with legal requirements 0% before suspending workers or reducing the size of the workforce due to changes in operations, lack of materials, force majeure, or accident resulting in an immediate work stoppage? Does the employer pay workers their annual salary 4 14% supplement or bonus upon termination? Does the employer provide workers proper notice of 4 14% termination when required, or pay workers during the notice period? Does the employer terminate workers for reasons that are 0% invalid under national law? Has the employer complied with any orders to reinstate 0% or compensate workers who were found to be unjustly terminated? [page 22] 21 BETTER WORK HAITI - 17'*“ SYNTHESIS REPORT , Two factories were found in non-compliance for not properly compensating workers for unused paid annual leave when they resign or are terminated. Workers are entitled of 1.25 days of annual leave per month. However, in the first factory, documentation review revealed that as of October 2017, only 6.25 days are paid to workers regardless of the duration of their employment. Management explained that this mistake was due to a change in their payroll procedures and confirmed that they would address this issue immediately. In the second factory, the documentation available did not have any evidence for payment of unused annual leave upon resignation or termination. Management said that they did not pay workers for unused annual leave upon resignation or termination because they had à different understanding of the legal requirement and thought that workers needed to complete 1 full year of employment to become eligible for annual leave payment. This can be explained by the fact that this new factory had not yet recruited a qualified Human Resources Manager at the time of this first assessment visit at this facility. Four factories were found in non-compliance for the payment of the annual salary supplement or bonus upon termination. In fact, it was found that the method used to calculate these payments were incorrect in both factories. Both employers agreed to verify their payroll system and fix the issues. Four factories were found in non-compliance for inaccurate payment of the notice of termination when required. In fact, the calculation of the notice of termination payments for workers entitled to incentives is based on the minimum wage of reference instead of average earnings as required by the law under Article 148. OCCUPATIONAL SAFETY AND HEALTH The non-compliance rates for Occupational Safety and Health remains high in the Haitian garment industry (average 76.5%). The highest levels on non- compliance in that cluster is related to the compliance points of emergency preparedness, health services & first aid, chemicals and hazardous substances and the workers’ protection and working environment compliance points. CHEMICALS AND HAZARDOUS SUBSTANCES factories Question found NC labelled? [page 23] 22 BETTER WORK HAITI - 17°" SYNTHESIS REPORT , Are chemicals and hazardous substances properly 10 36% stored? Does the employer have chemical safety data sheets for 22 79% all the hazardous chemicals used in the workplace? Does the employer keep an inventory of chemicals and 17 61% hazardous substances used in the workplace? Does the employer provide adequate washing facilities 16 57% and cleansing materials in the event of exposure to hazardous chemicals? Has the employer effectively trained workers who work 2 7% with chemicals and hazardous substances? Has the employer taken action to assess, monitor, 29% prevent and limit workers’ exposure to chemicals and hazardous substances? 88% of the factories assessed were found in non-compliance in the chemicals and hazardous substances compliance point. These high levels of non- compliance are due to the fact that the factories are still failing to implement sustainable systems to ensure that all chemicals and hazardous substance used in the workplace are properly managed. Better Work has been offering seminars on the issue since 2013 with support from the Inter-American Development Bank. However, with high staff turnover, weak management systems, lack of sanctions from the authorities in charge and lack of pressure from buyers to fix this issue, factories are not motivated to sustainably address this issue. During the reporting period, Better Work therefore offered a new industry seminar on chemicals management to once again try to influence factories to address this issue with new tools and methods. Also, enterprise advisors are expected to work at individual factories level to ensure that each employer can improve their chemicals management procedures. WORKER PROTECTION Compliance Question # of factories NC Rate by found NC Question Are appropriate safety warnings posted in the workplace? Are electrical wires, cables, switches, plugs and 18 64% equipment (e.g. transformer, generator, electrical panel, circuit breakers) properly installed, grounded (for equipment), and maintained? [page 24] 23 BETTER WORK HAITI - 17'*“ SYNTHESIS REPORT , dangerous parts of machines and equipment? properly use personal protective equipment and machines? É D work situations that they believe present an imminent and serious danger to life or health? requirements? personal protective clothing and equipment? All factories assessed have at least one non-compliance issue related to the workers’ protection point. These high levels of non-compliance are related to issues such as the lack of proper guards installed and maintained on all dangerous parts of machines and equipment in thirteen factories or missing personal protective clothing and equipment in eighteen factories. Also, fourteen factories were found not complying with ergonomic requirements such as providing all seated workers with chairs with backrest and all standing worker with proper ergonomic standing mats. The fact that OSH officers and committees are not sufficiently empowered to execute their duties in most factories seems to play an important role in the persistence of these issues that require constant monitoring. Electrical safety is also à growing concern in the sector. Additional training provided to BWH assessors by Better Work Global helped to identify new issues related to electrical wires, cables, switches, plugs and equipment (e.g. transformer, generator, electrical panel, circuit breakers) not properly installed, grounded (for equipment), or maintained. A mission with BWG OSH specialist is scheduled to help the factories address these issues. WORKING TIME The working time cluster consists of three compliance points. The compliance point of leave saw a non-compliance rate of 7% over the last year, while about a fifth of factories were in non-compliance for overtime hours. The highest non- compliance point with 39% non-compliance rate was on regular hours. Further details on this point can be found below. [page 25] 24 BETTER WORK HAITI - 17°" SYNTHESIS REPORT , REGULAR HOURS # of factories NC Rate by Compliance Question found NC Question Do regular daily or weekly working hours exceed the legal 1 4% limit? Does the employer comply with the daily break period? 4% Does the employer give workers at least one day off after 0% 48 hours of work ? Does the employer keep working time records that 7 25% reflect the hours actually worked? Does the employer obtain authorization from the 1 4% Department of Labour before working at night? Does the employer post the factory's working hours (for 40% all shifts, and including break times)? The highest rate of non-compliance in the area of regular working hours was due to seven factories for which the assessors found inaccuracies in the working time records. In three of these factories, workers’ attendance was registered manually by management and there was no evidence that workers could confirm the accuracy of these records before the payroll. Management in these factories explained that this was due to the fact that several workers lost their badges which caused delays at the entrance in the mornings. In the other four factories, issues such as overtime hours or hours performed on weekly rest day not recorded were identified. However, a subsequent loss of wages was only identified in one factory. The compliance point on regular hours also includes two new questions related to the new law on working hours. “Does the employer give workers at least one day off after 48 hours of work?” All factories were found in compliance for this question. However, on the second new question “Does the employer post the factory's working hours (for all shifts, and including break times)?”, six factories were found to be non-compliant. 2.4. Advisory and Training Services in the Reporting Period BETTER WORK ADVISORY SERVICES During the reporting period, Better Work Haiti continued its efforts to establish social dialogue mechanisms at factory level through bipartite committees (PICC). However, these committees need to be supported to become more [page 26] 25 BETTER WORK HAITI - 17°" SYNTHESIS REPORT , independent and being able to meet without Better Work presence. The PICC sustainability training program developed by Better Work Global was reviewed and adapted to meet the needs of the Haïitian garment factories. However, one of the challenges to implement it was the changes in the PICC membership. Below is an overview of each factory in the Better Work Haïti program and the status of its bipartite committee. Table 1: Factory’s PICC Status [| Name of factory PICC Status 1 Caribbean Island Apparel S.A. Set up and functioning Cleveland Manufacturing S.A. (former A 2 GMC) No active PICC CODEVI Set up and functioning Fairway Apparel S.A. Set up and functioning 5 Go Haiti S.A. Setup in progress 8. H&H Textiles SA. Set up and functioning 9 Haïti Premier Apparel S.A. Set up and functioning Horizon Manufacturing S.A. Set up and functioning Interamerican Wovens APH S.A. Set up and functioning Interamerican Wovens S.A. Setup in progress Life SA. Set up and functioning MAS Akansyel Set up and functioning MGA Haiti S.A Set up and functioning Modas BU IL Haiti S.A. Set up and functioning Pacific Sports Haïti S.A. Set up and functioning Palm Apparel S.A. Set up and functioning [page 27] 26 BETTER WORK HAITI - 17°" SYNTHESIS REPORT , 20 Premium Apparel S.A. Set up and functioning Quality Sewing MFG. SA. Set up and functioning S&H Global S.A. Set up and functioning Sewing International S.A. Set up and functioning The Willbes Haïtian Il S.A. Set up and functioning The Willbes Haïtian Ill S.A. Newly formed PICC The Willbes Haïtian Il B S.A. Newly formed PICC The Willbes Haïitian Print Shop S.A. No active PICC Val D'Or Apparel MFG Haiti S.A. Set up and functioning During the reporting period, Better Work Haïti completed 101 advisory visits including bipartite committee meetings in a total of 28 participating factories. The advisory visits were affected by the general tensions in the country and the more specific issues in the garment sector related to the strikes initiated by the unions to request an increase of the legal minimum wage between May and July 2018. For this period advisory services were focused more on management systems improvement and bipartite committees’ capacity building. In fact, since membership issues identified in the previous period were addressed, advisors are supporting the bipartite committees to be more effective by organizing regular meetings and keeping adequate records. Among the good practices observed, Better Work initiated the creation of group chats to ensure a rapid and ongoing communication between PICC members. The union leaders at factory level showed less resistance to join the PICC, however, some federation leaders are still very reluctant to support the process which explains why the union contribution to the committee is not always at the expected level. Management from all factories were required to designate management staff With sufficient decision making to regularly attend the meetings, however the recent industrial relations issues prevented some meetings to take place as scheduled. The strikes related to the minimum wage are a recurrent challenge that affects Better Work's activities in factories during the second trimester of every year since 2016. [page 28] 27 BETTER WORK HAITI - 17'* SYNTHESIS REPORT , BETTER WORK TRAININGS In addition to in factory visits conducted during the reporting period, eleven industry seminar were organized. The main subjects were chemicals' management, the Better Work compliance framework, grievance mechanisms, risk management and control and inclusion of disabled people in the workplace. This last industry seminar was organized both in Port-au-Prince and in the Northeast on the Better Work with BSEIPH (Bureau du Secretaire d'Etat à l'intégration des Personnes Handicapées). The purpose of this industry seminar was to help the factories prepare for the Upcoming changes in the assessment process. In fact, Better Work plans to include additional question in the compliance assessment tools (CAT) to meet the requirements of the law on the inclusion of disabled persons. The results expected from these workshop is an increase in the number of disabled people working in the industry but also an improvement of their working conditions. During the reporting period 25 trainings sessions were offered to factories in Port-au-Prince, Caracol and Ouanaminthe. In an overview, the trainings offered by Better Work Haiti during the reporting period include: * Leadership Skills + Occupational Safety and Health + PICCtraining + Supervisory Skills Training (SST) + Compliance assessment methodology + Occupational safety and health + Workers' rights and responsibilities + Sexual Harassment Awareness and Prevention for Supervisors + Sexual Harassment Awareness and Prevention for workers During the reporting period, the Better Work Training Team trained a total of 811 participants - management and workers - on the above mentioned training topics, including 387 women. In addition to the funding received from USDOL, Better Work Haïti continues to use the funds from The Walt Disney Company [page 29] 28 BETTER WORK HAITI - 17°" SYNTHESIS REPORT , to implement training on supervisory skills and leadership skills (Managing People). Once again, revenues were also generated from non-garment factories’ participation in training. Although the amount collected was small as BWH did not specifically target participants from other industries, it is a confirmation that Better Work Haiti can benefit from exploring opportunities of revenues with other industries. During this period the program implemented the paperless evaluation. In fact, now the training participants use tablets to evaluate the training sessions through an online software which helps to have more accurate data in less time. This new process will also contribute to the improvement of the training impact assessment. Section III: Conclusion and Next Steps Better Work Haitis 17h synthesis report provides à range of insights into the state of working conditions and labour standards in the garment industry today. The report draws upon data from 28 factories that were assessed from August 2017 to September 2018, bringing together quantitative compliance findings with qualitative evidence from day-to-day advisory and training work in factories. The findings have far reaching implications both for policymaking and wider industry development. As in previous years, non-compliance remains concentrated in the working conditions clusters, particularly Compensation, Working Time and Occupational Safety and Health. In both areas, more than three-quarters of compliance points (ie. question groupings) show non-compliance rates of more than 60 percent. Occupational safety and health has the most extensive list of questions in the Better Work assessment tool, and although there have been some observable recent improvements in this area, for example in reducing chemical exposure and establishing workplace OSH units, consistent across-the- board progress remains elusive in many factories. À major cause of this is the lack of a systems based approach to improvement, which means that even when OSH measures are strengthened, they are often susceptible to backsliding. Having policies and procedures in place to prevent and manage OSH risks can both reduce the likelihood of human error and mitigate compliance disruptions due to high staff turnover, which remains à common concern for many factories. [page 30] 29 BETTER WORK HAITI - 17°" SYNTHESIS REPORT , In the coming years there is also à need for more substantive efforts to strengthen the quality and visibility of enterprise level social dialogue and collective bargaining, and to pilot new mechanisms for reaching sustainable collective agreements as a bedrock of a well-functioning industrial relations architecture. After considerable growth in recent years, Better Work Haiti is now entering its third phase, which will be guided in its implementation by à new programme strategy. Under this plan, the programme will continue to grow its factory membership base in the short term, whilst also intensifying longer term strategic efforts to build the capacity of national partners (i.e. MAST, ONA, OFTMA, BMST, ADIH and Trade Union organisation) so they can assume à greater and more direct role in supporting the programme and its impact. Beyond simply enforcing compliance, this will also imply à more prominent role for these institutions in advising and training enterprises, and in promoting industry competitiveness through responsible business, in line with their organizational mandates and the wider national development agenda in Haïti. [page 31] 30 BETTER WORK HAITI - 17'*“ SYNTHESIS REPORT , Annex 1. The TAICNAR Project and e e Reporting Requirements under the e e HOPE II Legislation In 2006, the United States Congress enacted the Haïti Hemispheric Opportunity through Partnership Encouragement Act of 2006 (HOPE), expanding preferences for Haitian apparel established under the Caribbean Basin Economic Recovery Act, thus enabling the Haïitian apparel industry to benefit from new duty-free preferences. In 2008, these preferences were further expanded through legislation known as HOPE II, which also established new standards and programs strengthening and monitoring working conditions in the apparel sector. On 24 May 2010, the Haiti Economic Lift Program of 2010 (HELP Act) was signed into law to expand existing preferences even more to contribute to Haiti’s economic growth and development in both the textile and apparel sectors. Among its provisions, the HELP Act extended almost all of the trade preferences established under HOPE and HOPE Il and in 2015, the US Government extended the Haïti HELP/HOPE provisions until 2025. In order to benefit from HOPE/HOPE I/HELP, Haïti was required to establish an independent Labor Ombudsman appointed by the President of the Republic in consultation with the private sector and the trade unions. Haiti was also required to work with the ILO, to develop a technical assistance program to (i) assess and promote compliance with core labor standards and national labor law in the factories that are eligible for tariff advantages under HOPE Il and (ii) provide assistance to the Government of Haïti in order to strengthen its capacity in the process of inspection of facilities. This was referred to in the legislation as the 7echnical Assistance Improvement and Compliance Needs Assessment and Remediation (TAICNAR) program. Finally, Haïti needed to develop a mechanism for ensuring that all producers benefiting from the HOPE Il trade preferences participated in the TAICNAR program. The TAICNAR program consists of two components: [page 32] 31 BETTER WORK HAITI - 17°" SYNTHESIS REPORT , TAICNAR Program Component 1: Compliance Assessments and Remediation Support The HOPE law states that the first component of the TAICNAR program is “to assess compliance by producers listed in the registry described in paragraph (2XBXi) with the conditions set forth in subparagraph (B) and to assist such producers in meeting such conditions.” Better Work Haiti is implementing this component of the TAICNAR program. Aggregated findings for the entire industry regarding compliance with national and international labor law are outlined in section Il of the report. The details of Better Work’s assessment methodology are explained in annex 3 of this reports. Annex 4 provides the details of compliance for every factory that has been assessed. It has to be noted that Better Work offers several services that go beyond the requirements of the HOPE legislation, in particular the collaboration with international brands through sharing of factory assessment reports, joint support for factories regarding the improvement plan used during advisory services (corrective action plan), specific trainings and specific projects and or events such as the annual buyers and multi-stakeholders forum. With the introduction of fees to be paid by factories for participation in the Better Work Haïti program since 2016, it has been decided that non-paying factories will receive all Better Work core services (advisory, training, and one annual assessment) in line with requirements of the HOPE legislation. Factories that do pay their subscription fee will have access to the full offer of Better Work services beyond core services only. TAICNAR Program Component 2: Technical assistance to strengthen the legal and administrative structures for improving compliance in the industry The HOPE law states that the second component of the TAICNAR program is “to provide assistance to improve the capacity of the Government of Haiti - (1) to inspect facilities of producers listed in the registry described in paragraph (2XBXi); and (Il) to enforce labor laws and resolve labor disputes, including through measures described in subparagraph E.” The ILO has been conducting different activities under this component, mainly in the context of the USDOL-funded ILO/MAST Capacity Building project which aimed at strengthening the capacities of the Ministry in order to improve apparel factories’ compliance with international and national labor laws. The project ran from 2014 to 2017 and was closely linked to the Better Work program. As of 2018 and with Better Work's new 5 year strategy in Haiti, the program will continue to build on the efforts of this MAST capacity building program. The [page 33] 32 BETTER WORK HAITI - 17°" SYNTHESIS REPORT , revised project strategy puts stronger emphasis on the capacity building of all tripartite constituents - government, employer and worker Organizations - as part of the sustainability efforts of the Better Work program. With regards to the reporting requirements, the HOPE Il law specifies which information needs to be included in the biannual reports to be published by the TAICNAR program. See text box below for the original text of the law. SEC. 15403. LABOR OMBUDSMAN AND TECHNICAL ASSISTANCE IMPROVEMENT AND COMPLIANCE NEEDS ASSESSMENT AND REMEDIATION PROGRAM. [...] (D) BIANNUAL REPORT. —The biannual reports referred to in subparagraph (CX(i) are a report, by the entity operating the TAICNAR Program, that is published (and available to the public in a readily accessible manner) on a biannual basis, beginning 6 months after Haiti implements the TAICNAR Program under this paragraph, covering the preceding 6-month period, and that includes the following: (i) The name of each producer listed in the registry described in paragraph (2 B)(i) that has been identified as having met the conditions under subparagraph (B). (ii) The name of each producer listed in the registry described in paragraph (2) B)() that has been identified as having deficiencies with respect to the conditions under subparagraph (B), and has failed to remedy such deficiencies. ii) For each producer listed under clause (ii) — (1) a description of the deficiencies found to exist and the specific suggestions for remediating such deficiencies made by the entity operating the TAICNAR Program; (ll) a description of the efforts by the producer to remediate the deficiencies, including a description of assistance provided by any entity to assist in such remediation; and (1) with respect to deficiencies that have not been remediated, the amount of time that has elapsed since the deficiencies were first identified in a report under this subparagraph. (iv) For each producer identified as having deficiencies with respect to the conditions described under subparagraph (B) in a prior report under this subparagraph, a description of the progress made in remediating such deficiencies since the submission of the prior report, and an assessment of whether any aspect of such deficiencies persists. [...] [page 34] 33 BETTER WORK HAITI - 17°" SYNTHESIS REPORT , Annex 2. Better Works Service Delivery Model The key principles of Better Work’s revised service model are ownership, accountability, dialogue and partnership. The core services offered to factories are advisory services, an annual assessment, and training services. Better Work’s service delivery model stresses the importance of advisory services with a stronger focus on assistance on management systems, root cause analysis and continuous learning. Better Work acknowledges the fact that auditing alone cannot contribute to sustainable remediation of non- compliances. Assessments provide a snap shot of the compliance issues, yet they do not add significant value to improvements of factories’ compliance performance. Therefore, the focus in the services that Better Work delivers to factories are on continuous learning and improvements working with factories on root causes that are underlying repeated non-compliance issues. Since 2015, a factory cycle no longer starts with an assessment on which advisory services afterwards were built in the initial approach. Under the revised Better work service delivery model, the cycle now starts with a period of approximately 100 days of advisory services in which the factory with its bipartite committee can conduct a self-diagnosis with support of its Better Work Enterprise Advisor and can work on immediate improvements where possible. The unannounced Better Work assessment is then conducted after the initial period of advisory and training services. Following the assessment, the advisory process continues, focused on enabling the bipartite committee to address issues that are listed in the improvement plan. The improvement plan includes issues that the factory has self-diagnosed and those that were identified during the Better Work assessment. Factories will be supported through tailored factory visits; issue specific seminars (on topics relevant to the country/industry) with peers from other factories; and training appropriate to the factory's specific needs. Better Work reporting has two elements - reports completed and verified by the Better Work program and those that are completed and released directly by factories. The Better Work factory reports consist of the assessment report that is released roughly 30 days after the unannounced assessment visit. Then later on in the cycle, in the Tth month of the cycle, Better Work then publishes a progress report, detailing improvements on compliance issues, as well as in- [page 35] 34 BETTER WORK HAITI - 17°" SYNTHESIS REPORT , factory dialogue, continuous learning and the use of effective management systems. Better Work also provides additional recommendations in this report to further strengthen the improvement process. Factories report through the Better Work portal. This portal is the platform that is also used by Better Work to share factory data with authorized international brands that subscribed to a specific factory in either of the Better Work country programs. The enhanced portal with the revised self-reporting function also offers the opportunity for factories to update their improvement plan themselves. The improvement plan lists a factory’s non-compliance points from the last Better Work independent assessment together with any other issues that the factory itself identified as areas for improvements. Once the factory updates its improvement plan online, the information is immediately available to buyers and Better Work. However, this feature has some limitations with regards to the factories’ editing rights as only Better Work can update the status of a non-compliance issue from “delayed”, “pending”, or “in progress”, to “completed” after verification of evidence of remediation. Factory reporting then continues with the first progress report which is published approximately 5 months after the start of the cycle. This report includes progress to date on all self-diagnosed issues as well as those identified by Better Work during the assessment. This report has a pre-set structure from Better Work and it is made available to authorized buyers and indicates initial progress and planned steps for the remainder of the cycle. The Better Work role for this first progress report will be limited to coaching factories on how to engage in effective self-reporting and how to ensure continued progress on closing areas of non-compliance. The Better Work Enterprise Advisors then write their own progress report towards the end of an annual cycle of each factory. An overview of the sequence of the different components of the Better Work service model under this revised approach can be found in the illustration below: [page 36] 35 BETTER WORK HAITI - 17°" SYNTHESIS REPORT , & 4e “(T) « Ë i seminar à 0 4 ' 1 4 _ : ' À 4 J training up to 25 days per cycle 1 1 À s ! à ‘ ) K \ * o A Lo F-] F Sequence and components of annual Cycle under Better Work's revised service delivery model. In 2017, Better Work started to differentiate factories depending on their performance. Factories that are scoring high enough in terms of compliance performance but also in the areas of dialogue and learning encompass the criteria that need to be satisfied before a factory can be qualified for “stage two”. In fact, Better Work will classify factories as being in “stage two” if they consistently demonstrate high levels of compliance, a mature level of social dialogue, effective management systems and a commitment to learning. Those criteria will be evaluated based on information collected during two consecutive assessments. Factories that have not yet met this benchmark will be classified as “stage one.” For factories that have been with Better Work for several years, service differentiation will respond to requests for greater autonomy in the day to-day advisory service, fewer assessments, and a tailored service that responds to their more advanced needs, for example relating to systems development, purchasing practices, productivity and quality, and mature industrial relations. [page 37] 36 BETTER WORK HAITI - 17'*“ SYNTHESIS REPORT , Annex 3. The Better Work Compliance Assessment Methodology BETTER WORK COMPLIANCE ASSESSMENT FRAMEWORK The Better Work program assesses factory compliance with core international labor standards and national labor law. Following assessments, a detailed report is prepared and findings are shared with the factory presenting findings on eight clusters, or categories, of labor standards, half of which are based on international standards and half on national legislation. Core labor standards: The ILO Declaration on Fundamental Principles and Rights at Work, adopted in 1998, calls upon Member States to respect and promote these principles and rights in four areas, whether or not they have ratified the relevant conventions. These categories, or clusters, are: freedom of association and collective bargaining, the elimination of forced or compulsory labor, the abolition of child labor and the elimination of discrimination in employment and occupation. The conventions on which the 1998 Declaration is based are Nos. 29, 87, 98, 105, 100, T1, 138, 182, and they form the reference base in assessing factory compliance with fundamental rights for all the Better Work programs in various countries. For some issues, such as minimum legal working age, provisions in national law specify requirements for the application of international conventions. If national law is not consistent with international standards pertaining to core labor standards, the international standards are applied. Haiti has ratified all eight core Conventions listed above. According to the Haiïtian Constitution, ratified conventions become self-executing and therefore part of Haitian law. Working Conditions: The four other clusters assess conditions at work, including compensation, contracts and human resources, occupational safety and health, and working time. The compliance points covered in these clusters are largely consistent across countries; however each compliance point contains specific questions that may vary from country to country due to differences in national legislation. National legislation is used as a reference point even if it is not in accordance with the international conventions that have been ratified by the country. In countries where national law either fails to address or lacks clarity around a relevant issue regarding conditions at work, Better Work establishes a benchmark based on international standards and good practices. [page 38] 37 BETTER WORK HAITI - 17°" SYNTHESIS REPORT , Table 2: Better Work compliance assessment framework Compliance Compliance Point Compliance Issue Cluster Child Labor Child Laborers Workers under age 15 Documentation and Age verification system Protection of Medical certificate, and/or an employment certificate or Young Workers permit delivered by the Director of Labor provided by workers under age 18. Register of workers under age 18. Hazardous Work and other Workers under age 18 working at night. Worst Forms Workers under age 18 working overtime. Workers under age 18 doing work that is hazardous by nature. Discrimination Gender Changing the employment status, position, wages, 2 benefits or seniority of workers during maternity leave. Conditions of work (gender and/or marital status). Excluding maternity leave from workers’ period of continuous service Hiring (gender and/or marital status). Job announcements (gender and/or marital status). Pay (gender and/or marital status). Pregnancy tests or use of contraceptives as a condition of employment Promotion or access to training (gender and/or marital status). Sexual harassment Terminating workers or forcing them to resign if they are pregnant, on maternity leave or nursing. Termination or retirement (gender and/or marital status). Race and Origin Conditions of work (race, color, origin) Harassment (race, color, origin) Hiring (race, color, origin) Pay (race, color, origin) Promotion or access to training (race, color, origin) Recruitment materials (race, color, origin) 2 In Better Work country-specific questionnaires, a compliance point “Other Grounds” may be included under the Discrimination cluster. This category is intended to assess specific discrimination issues that are covered in national labor law, and are considered to be aligned with the objectives of the relevant ILO conventions (100 and T1), but which are not explicitly named in the conventions, e.g., age, HIV/AIDS status, disability, etc. The questionnaire for Haïti does not include the “Other Grounds” compliance point because the Haïitian labor law does not identify grounds for discrimination beyond those cited in Conventions 100 and TI. [page 39] 38 BETTER WORK HAITI - 17°" SYNTHESIS REPORT , OO Temnetonertiementace canon Promotion or access to training (religion or political Forced Labor Bonded Labor Debts for recruitment fees owed to the employer and/or pag eee Forced labor to discipline workers or punish them for Free exit from the workplace at all times, including during Freedom to terminate employment with reasonable notice and/or to leave their jobs when their contracts expire Threats such as deportation, cancellation of visas or Workers' access to their personal documents (such as Forced Labor Forced overtime under threat of penalty Ro Association Bargaining Collective agreement less favorable for workers than what Bargaining . . _ . Interference Attempt(s) to interfere with, manipulate or control the Incentives to refrain from joining a union or engaging in Termination or non-renewal of workers employment [page 40] 39 BETTER WORK HAITI - 17°" SYNTHESIS REPORT , decisions Preventing workers from participating in a strike. break up a peaceful strike or arrest striking workers. working days rate earnings exceed minimum wage. a days Benefits insurance funds to ONA. health insurance. accident insurance. [page 41] 40 BETTER WORK HAITI - 17°" SYNTHESIS REPORT , Wage Information, Use Deductions from workers’ wages. and Deduction Informing workers about wage payments and deductions. Payroll records. Contracts and Contracting Limits on the trial period for apprentices. Human Procedures Resources : _ . Le Dialogue, Discipline Bullying, harassment or humiliating treatment of workers. and Disputes disciplinary measures Resolution of grievances or disputes. Employment Contracts for all persons performing work for the factory. Contracts Employment contracts’ compliance with the labor code, collective agreement and/or internal work rules. Internal work rules. Specifying terms and conditions of employment in written employment contracts. Workers' understanding of the terms and conditions of employment. Termination Annual salary supplement or bonus upon termination. Notice of termination. Orders to reinstate or compensate unjustly terminated workers. Payment for unused paid annual leave upon resignation or termination. Reasons for termination. Reductions in workforce size or suspensions due to changes in operations Occupational Chemicals and Assessing, monitoring, preventing and/or limiting Safety Hazardous Substances workers’ exposure to hazardous substances. and Health Chemical safety data sheets for all chemicals and hazardous substances in the workplace. Inventory of chemicals and hazardous substances used in the workplace. Labelling of chemicals and hazardous substances. Storage of chemicals and hazardous substances. Training workers who work with chemicals and hazardous substances. Washing facilities or cleansing materials in the event of chemical exposure. Emergency Accessible, unobstructed, and/or unlocked emergency Preparedness exits during working hours, including overtime. Fire detection and alarm system. Firefighting equipment. Marking or posting of emergency exits and/or escape routes in the workplace. Number of emergency exits. [page 42] 41 BETTER WORK HAITI - 17°" SYNTHESIS REPORT , related hazards. number of readily accessible first aid boxes/supplies in the workplace. Systems issues in the factory. LL Mechanisms to ensure cooperation between workers and op D nn An | on OSH matters. submitting the record to OFATMA. insects in the accommodation. accommodation. systems in the accommodation. [page 43] A2 BETTER WORK HAITI - 17°" SYNTHESIS REPORT , machines and equipment. Installing, grounding, and/or maintaining electrical wires, equipment. work situations they believed presented an imminent and serious danger to life or health. Training and encouragement of workers to use PPE, Sundays. working at night. CALCULATING NON-COMPLIANCE & PUBLIC REPORTING In public synthesis reports, Better Work reports on aggregated non-compliance in the participating industry as shown in Chart 1. Non-compliance is reported for each subcategory (compliance point, or “CP”) of the eight labor standards clusters. À factory is reported as non-compliant in a subcategory if it is found to be out of compliance on any issue addressed within the subcategory. With respect to the figures presented in synthesis reports, for example, a non- [page 44] A3 BETTER WORK HAITI - 17°" SYNTHESIS REPORT , compliance rate of 100% means that all participating factories were found to have at least one violation in that area. The Better Work program supports fair and transparent public reporting. In all Better Work country programs, synthesis reports containing aggregated information on the industry are prepared on the basis of the individual factory assessment reports and published twice à year. Better Work is currently expanding its reporting in the other Better Work countries to include individual factory-level compliance information as is already the case for Haiti. Evidence shows that public reporting of this kind helps encourage continuous improvement and reduces the probability of reversing compliance gains. Gathering and reporting these data over time enables factories to demonstrate their efforts to improve working conditions. LIMITATIONS IN THE ASSESSMENT PROCESS The factory-level assessments carried out by Better Work Haiti follow a thorough checklist of about 230 questions covering the above mentioned labor standards, and gathering general information about the factory.* Information is gathered through a variety of sources and techniques, including document review, observations on the factory floor, and interviews with managers, workers union representatives, bipartite committee members or any other relevant witness. The information collected is compiled and analysed to produce a detailed assessment report. Before the reports become official, factories are given seven calendar days to provide feedback. Worker interviews conducted during the assessment process are held onsite, either in a private room within the factory building or outside the building (yard, eating area), and take place either in small groups or individually. Interviews are conducted in Creole, the primary language of the workers. Workers may be suspicious and feel uneasy about sharing information on their workplaces with people who are not well known to them and coaching of workers by factory management is a possible issue in the industry in general. Nevertheless, after fourteen assessment cycles conducted over more than seven years, Better Work Haïti Enterprise Advisors have become more experienced at collecting information and interviewing workers, which together with other activities led by Better Work Haïti have contributed in creating an environment where workers are more comfortable discussing working conditions. Interviews with workers cover many aspects of life at work and last approximately 20 minutes. On 3 Better Work Haiti Compliance Assessment Tool (CAT) including their legal references can be accessed here: http: //betterwork.org/haiti/?page_id=1731 [page 45] AA BETTER WORK HAITI - 17°" SYNTHESIS REPORT , average, 40 workers representing different sections of the factories, as well as union representatives, are interviewed. Violations in core labor standards such as sexual harassment or freedom of association are very sensitive and are more difficult to detect during factory assessments. The assessment of violation of freedom of association issues in the workplace is sometimes difficult to assess in a two days assessment. There are several reasons for that. One challenge is that some labor unions are organized at the sectoral level rather than at the factory level where small union cells predominate. Another challenge is that for example, the termination of unionist usually happens after a series of events. Key witnesses might have been terminated before the assessment days. Also supporting documents might not have the level of details required to determine non-compliance. Better Work is basing its assessment findings on triangulation of facts which requires sufficient evidence in order to find a factory in non-compliance on a particular compliance point and some issues are therefore not always easy to be confirmed. As more unions are present in the factories today, workers are more aware of their rights regarding freedom of association. Workers therefore are also demonstrating an increased level of openness to discuss this subject during interviews. In addition, Better Work collects information about specific cases as they are being shared by unions or other stakeholders at any given time of the year. During the assessment at a particular factory, specific questions can be asked about any case that has previously been raised and information may therefore enter the assessment report. The assessment visits usually last two days and because it is a picture of the moment, some situations that might lead to non-compliance points in the future are not reported. It is also important to keep in mind that non- compliance issues might be identified during the advisory cycle through the self-diagnosis process. Better Work supports factories in order to reinforce their capacity to conduct a self-diagnosis and to develop an improvement plan that includes points that go beyond the Better Work assessment. For all the issues included in the improvement plan, additional information is stated, such as the action to be taken and the person responsible for it within the company. All of this information in return as well as the remediation efforts are then documented in the progress reports. As Better Work is moving into a differentiated approach where services for advanced factories will be different from those for factories who still require more assistance, the evaluation of the performance of a factory will not only be limited to the assessment data but will also include information gathered in those progress reports. Another issue that may be challenging to detect during an assessment is sexual harassment which is included in Better Work Haitis compliance assessment [page 46] A5 BETTER WORK HAITI - 17°" SYNTHESIS REPORT , tool. Similarly to other countries, it is one of the most sensitive and most difficult issues to detect during factory assessments. The assessment of sexual harassment in the workplace by Better Work Haïti is likely to underreport the extent of its occurrence. However, sexual harassment remains an issue of concern in the industry in general. As mentioned, Better Work is basing its assessment findings on triangulation of facts which requires sufficient evidence in order to find a factory in non-compliance on à particular compliance point and some issues are not always easy to detect. Although concerns regarding sexual harassment persist, Better Work Haiti has seen positive developments on the topic with factories acknowledging the issue as a potential problem and demonstrating an increased openness to address it. Several factories are therefore working on prevention of sexual harassment in the workplace. In particular, Better Work’s supervisory skills training has contributed to raise awareness of this issue among supervisors in more than half of the factories in Haiti. Simple auditing of factory compliance has been widely acknowledged to be limited in rectifying compliance issues. Factories wishing to not disclose certain information are able to do so without focusing on the long-term business benefits of improving their working conditions. This is why Better Work’s approach at the factory level is much broader in its scope focusing on continuous improvements through advisory and training services, emphasizing the importance of effective systems and the involvement of workers. [page 47] A6 BETTER WORK HAITI - 17°" SYNTHESIS REPORT , Annex 4: Factories in Detail List of Factories Below is the list of factories that have been assessed by Better Work Haiti over the past two cycles. All factories that have been assessed by Better Work more than twice are included in the data analysis and also included in the factory tables in annex 4 of this report. Please note that if an already assessed factory closed, their individual level compliance data is no longer included in this section. Table 3: List of factories in the Haïitian apparel sector which have been assessed between April 2017 and March 2018 Peer Sense eee 2 nanmeeess [page 48] A7 BETTER WORK HAITI - 17°" SYNTHESIS REPORT , 15 MAS Akansyel MGA Haiti S.A Modas BU IL Haiti S.A. Pacific Sports Haiti S.A. Palm Apparel S.A. Premium Apparel S.A. Quality Sewing MFG. S.A. S&H Global S.A. Sewing International S.A. The Willbes Haiïtian Il S.A. The Willbes Haiïtian III S.A. The Willbes Haiïtian || B S.A. The Willbes Haïitian Print Shop S.A. Val D'Or Apparel MFG Haiti S.A. Findings from the Factories This section reports on the detailed factories’ compliance performance as required by the HOPE Il legislation. The HOPE Il legislation requires the entity implementing the TAICNAR program (the ILO) to publish a biannual report with specific information on factories’ compliance performance. The report is supposed to cover the preceding 6-months period and should include detailed compliance information for each individual producer (see annex 1 for the exact requirements of the HOPE Il legislation), including the details of non- compliance points identified, efforts of the producer to remediate the non- compliance points as well as the time elapsed since the deficiencies have first been identified. This information is captured in the factory tables in the following section. Better Work measures compliance with international core labor standards and national labor laws in à set of 8 clusters during its Unannounced annual assessment visits. Under each cluster, several compliance points are assessed and each compliance point consists of individual issues that are verified during [page 49] 48 BETTER WORK HAITI - 17°" SYNTHESIS REPORT , each Better Work compliance assessment. The list of compliance clusters, compliance points and issues can be found in the reference table in annex 3. The issues under each compliance point again usually break down into several questions. The full list of all questions of the compliance assessment tool (CAT) used by Better Work Haïti can be accessed online“. When a compliance point is not listed, it means that the factory has been in compliance on this point in both of its last two assessments by Better Work. The reference point is always the full list of compliance points and issues listed in annex 3. A factory needs to have been assessed at least two times before its information will be published in a factory table in this report. The columns in the tables correspond to specific reporting requirements of the HOPE legislation and provide additional information as follows: + Details on the non-compliance identified by EAs: the information included in this column constitutes the issues where evidence of non- compliance was found in one of the last two assessments conducted by Better Work at each particular factory (the date of the last two assessments is equally indicated for each factory on top of its table). + _Improvement priorities identified by the factory; + Efforts made by the factory to remedy the compliance needs as verified in the most recent assessment or advisory visit; + With respect to non-compliance areas that have not been remediated, the amount of time that has elapsed since the non-compliance has been first identified at this factory. Additional information also corresponding to HOPE Il reporting requirements is provided in the section above each table, e.g. advisory and training services provided by Better Work. 4 http://betterwork.org/haiti/?page_id=1731 [page 50] 49 BETTER WORK HAITI - 17TH SYNTHESIS REPORT Factory: Caribbean Island Apparel S.A. Les Location: Port-au-Prince Number of workers: 2376 Date of registration: Sep-09 Date of last two Dec-16 Jan-18 Better Work Advisory Visits and Training Services. 3-Oct-18 Sexual Harassment Awareness and Prevention Supervisors & Middle Management 3-Oct-18 Sexual Harassment Awareness and Prevention Workers 12-Sep-18 TAdvisory visit to discuss bipartite committee meeting minutes for July and August with HR and compliance manager 2. Conducted Factory tour to hunt for new for potential new 28-Jun-18 Advisory visit to discuss guidance for completion of progress. Report 1 and improvement Plan with compliance manager. OSH tour to hunt for potential Hazard with compliance manager. Meeting to discuss high temperature levels with president of OSH committee and compliance manager. 23-May-18 Advisory visit to review the improvement plan with HR and Compliance manager. Performed factory tour for Hazard hunting with HR and Compliance manager. PICC meeting. 5-Apr-18 PICC meeting and review of the improvement Plan to update on progress. Review of documentation related to compensation and break for pregnant women. Factory tour to discover potential OSH hazards. 31-Jan-18 OSH committee meeting to conduct the OSH self-diagnosis. Factory tour performed to identify potential new hazards and validate corrections of previous OSH issues on the floor. Review of the latest assessment report with the HR & Compliance manager to determine remediation actions. ASSESSMENT COMPLIANCE CLUSTER COMPLIANCE POINT DETAILS OF NON COMPLIANCE IMPROVEMENT PRIORITIES REMEDIATION EFFORTS MONTHS Assessment January 2018 Jan-18 Occupational Safety and Worker Protection Missing machine guards. Install all missing machine Management is proactively 40 Health guards and ensure that they are collaborating with workers, properly maintained. supervisors and mechanics to repair and maintain machine guards in a timely manner. Jan-18 Occupational Safety and Worker Protection Electrical installations not properly Ensure that electrical In progress. Management has 9 Health maintained. installations are properly adopted a consistent maintained. maintenance schedule of electrical installations. Jan-18 Occupational Safety and Working Environment Workplace temperature exceeded Reduce workplace temperature. Management has placed 70 Health recommended limits. purchase orders of exhaust fans to be installed in the ceilings to draw out the heat emanating from the factory floor. Jan-18 Occupational Safety and OSH Management OSH policy has not been developed in Review OSH policy with workers Management is in the process of 9 Health Systems consultation with workers and their representatives and include translating OSH policy into both representatives. compliance with labor law local languages to facilitate requirements pertaining to OSH. eventual consultation with worker representatives. [page 51] 50 Jan-18 Occupational Safety and Chemicals and No updated inventory for some Maintain an updated inventory Management keep an updated 9 Health Hazardous Substances chemicals and hazardous substances for all chemicals and hazardous inventory management system used in the workplace. substances used in the of chemicals and hazardous workplace. substances. Jan-18 Occupational Safety and Working Environment Insufficient light levels in the Improve the lighting level in the ] Health workplace. workplace. Jan-18 Occupational Safety and Welfare Facilities Insufficient number of toilets. Increase the number of toilets 64 Health and maintain the existing ones. Jan-18 Occupational Safety and Health Services and First The factory does not provide workers Provide workers health checks OFATMA has started medical ] Health Aid health checks within the first three within the first three months of checks at the factory. months of hiring. hiring. Jan-18 Occupational Safety and Health Services and First The factory does not provide workers Provide workers with annual OFATMA has started medical 9 Health Aid with annual health checks. health checks checks at the factory. Jan-18 Occupational Safety and Health Services and First The factory does not properly address Address safety and health risks Breaks are now being offered to 9 Health Aid safety and health risks to pregnant to pregnant workers by providing pregnant workers. Supervisors workers. required breaks. signed to respect this rule. Jan-18 Occupational Safety and Health Services and First Insufficient medical staff. Hire additional medical staff. Factory increased nurses to 13 22 Health Aid and maintained 3 doctors visits as recommended by the labor code. Jan-18 Occupational Safety and Health Services and First Less than 10 percent of the workforce Train at least 10 percent of the In progress. Management has ] Health Aid trained in first aid. workforce in fist aid. planned additional trainings for workers on first aid to reach 10% target Jan-18 Occupational Safety and Emergency The current evacuation plans in one Update all evacuation plan to The current evaluation has been 9 Health Preparedness building is not updated to indicate the reflect the current layout ofthe updated to indicate the actual actual escape routes. workplace. escape routes according to the recently reorganized floor layout Jan-18 Occupational Safety and Emergency Flammable materials were stored Ensure that flammable materials Flammable materials are stored ] Health Preparedness close to the lighting lamps in a small are stored safely. properly away from possible warehouse. sources of ignitions. Jan-18 Occupational Safety and Chemicals and Unidentified bottles of chemicals and Label all containers of chemicals Advisor did not observe 9 Health Hazardous Substances hazardous substances were found in and hazardous substances. unlabeled containers during the workplace. subsequent visits after assessment Jan-18 Occupational Safety and Chemicals and Missing MSDS in areas where Display MSDS for all chemicals MSDS have been posted in the ] Health Hazardous Substances chemicals and hazardous substances and hazardous substances. workplace. are used or stored. Jan-18 Occupational Safety and Chemicals and No eye wash station available for Install eye wash station in the A functioning eye wash is 9 Health Hazardous Substances chemicals stored in the spare parts spare parts department. installed in the spare parts department. department [page 52] s1 Assessment December 2016 Dec-16 Compensation Paid Leave Payments for legally mandated Ensure that the compensation Factory compensated legally 28 holidays are inaccurate for piece for legally mandated holidays are mandated holidays on the basis rate workers. accurate. of average earnings. Dec-16 Compensation Paid Leave Payments for sick leave are inaccurate Ensure that sick leave payments Factory compensated legally 28 for piece rate workers. are accurate. mandated holidays on the basis of average earnings. Dec-16 Compensation Paid Leave Payments for maternity leave are Ensure that maternity leave Factory compensated legally 28 inaccurate for piece rate workers. payments are accurate. mandated holidays on the basis of average earnings. Dec-16 Compensation Social Security and The factory has not registered with The factory should register with The factory has started to 28 Other Benefits OFATMA for maternity and health OFATMA for maternity and collected the workers’ files to insurance services. health insurance services. initiate the registration process with OFATMA. Dec-16 Compensation Social Security and The factory has not registered with The factory should register with The factory has registered with 28 Other Benefits OFATMA for maternity and health OFATMA for maternity and OFATMA andis in the process of insurance services. health insurance services. collecting and forwarding payments for insurance services. Dec-16 Occupational Safety and Health Services and First The factory has an insufficient number Hire more onsite medical staff in The factory had 9 nurses. One 16 Health Aid of onsite medical staff. order to comply with the Haitian nurse has already been hired and Labor Code. the factory is in process to hire 2 more. Dec-16 Occupational Safety and Welfare Facilities The factory does not have an Provide an adequate number of No progress. Factory is not 58 Health adequate number of toilets for the toilets in proportion to the total considering adding new toilets. workers. workforce as stipulated by the No lines are observed by the Haïitian Labor code. toilets during advisory visits. Dec-16 Occupational Safety and Worker Protection No pulley guards were installed on the Install and maintain proper The factory has ordered new 34 Health factory's old Union Special sewing guards on all the dangerous machines and is in the process machines and the single needle moving parts of machines and of installing pulley guards on the machines. equipment. single needle machines. Dec-16 Occupational Safety and Working Environment Temperatures of over 30 C have been Ensure that temperature and Additional fans have been added 66 Health recorded in some of the sections ventilation levels at the throughout the workplace and Within the workplace. workplace are maintained during an advisory session, the properly. temperature levels were also verified to be within the recommended limits (around 27- 28 C). [page 53] 52 BETTER WORK HAITI - 17TH SYNTHESIS REPORT = Factory: Cleveland Manufacturing S.A. Location: Port-au-Prince Number of workers: 1619 Date of BW registration: Nov-09 Date of last two Better Jan-17 Jan-18 Work assessments: Advisory and Training Services 29-Jun-18 Training on Chemical Management System. 31-Jul-18 Advisory visit to review the training plan, follow up on the first progress report also the establishment of the OSH and bipartite committee. Meeting with management to review the improvement plan. 26-Apr-18 Advisory visit to follow up on the current status of the bipartite committee. Factory tour to verify and validate the status of OSH issues. Meeting with management to review the following points: paid leave, Social security and other benefits, Employment Contract, Chemicals and hazardous substances, Emergency Preparedness /Health services and first Aid. ASSESSMENT COMPLIANCE CLUSTER COMPLIANCE POINT DETAILS OF NON COMPLIANCE IMPROVEMENT PRIORITIES REMEDIATION EFFORTS MONTHS Assessment April 2018 Jan-18 Working Time Paid Leave Payments for non-working Ensure non-working holidays" The new regulation 20 holidays are based on the payments are based on eliminated the minimum wage instead of average earnings. requirement to pay non- average earnings. working holidays. Jan-18 Working Time Paid Leave Payments for weekly rest days are Ensure Weekly rest days’ The new regulation 20 based on the minimum wage payments are based on eliminated the instead of average earnings. average earnings. requirement to pay non- working holidays. Jan-18 Compensation Social Security and Other Employer contribution to ONA is Forward employer 20 Benefits less than 6 percent of workers’ contribution to ONA based on base salaries. base salary. Jan-18 Compensation Social Security and Other Collecting and forwarding workers’ Collect and forward workers” 20 Benefits contributions for social insurance contribution to ONA based on funds to ONA. base salary. Jan-18 Compensation Social Security and Other The last payment for OFATMA Register with OFATMA work 20 Benefits work-related accident insurance related accident for the fiscal was done for the previous fiscal year. year. Jan-18 Compensation Social Security and Other The factory has not yet registered Register with OFATMA for 20 Benefits with OFATMA for maternity and maternity and health health insurance. insurance services. [page 54] 53 Jan-18 Compensation Social Security and Other Collecting and forwarding of Register with OFATMA. 20 Benefits workers’ contributions to OFATMA Collect and forward workers for maternity and health ‘contributions to OFATMA for insurance. maternity and health insurance services. Jan-18 Compensation Wage Information, Use and Time records of hours worked on Ensure that hours worked on 8 Deduction Sundays are not entered in the Sundays are registered in the payroll and are paid separately. payroll. Jan-18 Contract and Human Employment Contracts The contracts issued in 2017 did Include the required contents Employment contract has 8 Resources not specify the employee's into the contracts. been modified. position as required by law. Jan-18 Occupational Safety and Chemicals and Hazardous Chemicals and hazardous Label all chemicals. Containers are labelled 20 Health Substances substances such as K7M used in the spot cleaning area are not properly labeled. Jan-18 Occupational Safety and Chemicals and Hazardous Chemicals were not stored Have a designated area to 20 Health Substances properly in the chemical room. store chemicals, and ensure that the storage area is properly ventilated. Jan-18 Occupational Safety and Chemicals and Hazardous No MSDSs were posted in the Prepare and post MSDS 20 Health Substances chemical room near the printing where chemicals are used. building where chemicals are stored. Jan-18 Occupational Safety and Chemicals and Hazardous Management did not isolate the Ensure that workers are 8 Health Substances use of chemicals and did not protected from the use of install exhaust ventilation. chemicals. Jan-18 Occupational Safety and Chemicals and Hazardous There were no eye wash stations Install eye wash station where Eye wash station has been 20 Health Substances in the chemical room, the chemicals are stored. installed mechanic room of building AGC as well as in the generator room where chemicals are stored. Jan-18 Occupational Safety and Worker Protection Management did not provide Ensure that all PPE are 20 Health gloves and goggles for workers in available in the workplace. the spot cleaning area using VLR remover. Jan-18 Occupational Safety and Worker Protection Standing workers in the packing Provide standing mats to the The standing mats have 20 Health area near the cutting room were standing workers. been distributed to not provided with foot rests or standing workers shock absorbing mats. [page 55] 54 Jan-18 Occupational Safety and Worker Protection About 30 percent of all sewing Install missing finger guards The factory starting to 20 Health machines in AGC and Medicon and pulley guards on the installed the guards. buildings were missing finger sewing machines. guards and pulley guards. Jan-18 Occupational Safety and Worker Protection Assessors observed 2 uncovered Ensure that electrical panels The electrical panels have 8 Health electrical boxes with exposed are properly maintained. been fixed. wires in the cafeteria. Jan-18 Occupational Safety and Working Environment Workplace temperature exceeds Ensure that the temperature 20 Health BW recommended limit of 30 C. does not exceed the recommended limit. Jan-18 Occupational Safety and Working Environment Workplace lighting insufficient. Improve the Lux level in the 20 Health workplace. Jan-18 Occupational Safety and Welfare Facilities Insufficient number of toilets Increase the number of toilets. 20 Health Jan-18 Occupational Safety and Welfare Facilities Soap was not available in the AGC Ensure that soap are available 8 Health building and workers complained at all times. about that. Jan-18 Occupational Safety and Health Services and First The factory did not show evidence Provide annual medical 20 Health Aid of annual medical checks for checks for workers. workers. Jan-18 Occupational Safety and Health Services and First The factory did not provide health Provide health checks to 20 Health Aid checks to workers who have been workers who have been exposed to work-related hazards. exposed to work-related hazards. Jan-18 Occupational Safety and Health Services and First The factory does not provide Provide workers health checks 20 Health Aid workers health checks within the within the first three months first three months of hiring. of hiring. Jan-18 Occupational Safety and Health Services and First Insufficient medical staff Increase the number of 20 Health Aid medical staff in the workplace. Jan-18 Occupational Safety and Health Services and First Workers trained in first aid Provide training to at least 10 20 Health Aid represent less than 10 percent of percent of the workforce in the workforce First-aid. Jan-18 Occupational Safety and Emergency Preparedness Access to 1 alarm system was Ensure that the workplace has The alarms have been 8 Health obstructed by boxes in the cutting a functioning alarm system. installed. building. Furthermore, the alarm system in the printing building is not working. Jan-18 Occupational Safety and Emergency Preparedness Fire extinguishers not easily Ensure that access to fire 20 Health accessible. extinguishers remain unobstructed in the workplace. [page 56] 55 Jan-18 Occupational Safety and Emergency Preparedness Workers trained in firefighting Train at least 10 percent of the 20 Health equipment represent less than 10 workforce in firefighting percent of the workforce. equipment. Jan-18 Occupational Safety and Emergency Preparedness The current evacuation plans in Update the current The evacuation plan have 8 Health the cutting and fabric warehouse evacuation plan. been updated. buildings have not been updated to indicate the actual escape routes according to the recently reorganized floor layout. Jan-18 Occupational Safety and Emergency Preparedness Emergency drills were not Conduct 2 emergency drill per The factory has made 3 8 Health conducted every 6 months. year as recommended by BW. fire drills Jan-18 Occupational Safety and Emergency Preparedness Sources of ignition not properly Ensure that sources ofignition Sources of ignition are 8 Health safeguarded. are safeguarded safeguarded Jan-18 Working Time Leave Breastfeeding break is not Provide Breastfeeding break They have developped a 8 systematically granted. to all eligible workers. policy and workers are aware of it Jan-18 Occupational Safety and OSH Management Systems The OSH policy does not refer to Develop an OSH policy. 8 Health compliance with labor law requirements pertaining to OSH. Assessment January 2017 Jan-17 Compensation Social Security and Other The calculation of the ONA Ensure that ONA payments Benefits deductions are based on a 5-day are based on the base salary. work week instead of the base salary. Jan-17 Compensation Social Security and Other The ONA payments are not made Ensure that the ONA Benefits on time. payments are accurate and submitted on time. Jan-17 Compensation Social Security and Other The factory is not registered with Register with OFATMA for Employees are registered Benefits OFATMA for work-related work-related accidents. and payment is effective. accidents for the 2016-2017 fiscal year. Jan-17 Compensation Social Security and Other The factory is not registered with Register with OFATMA for Benefits OFATMA for maternity and health maternity and health insurance services (workers insurance services. contributions). Jan-17 Compensation Social Security and Other The factory has not yet registered Register with OFATMA for Benefits with OFATMA for maternity and maternity and health health insurance services insurance services. (employer's contributions). [page 57] 56 Jan-17 Occupational Safety and Chemicals and Hazardous Unlabeled chemical containers Ensure that all containers are The containers were Health Substances were found in the workplace identified and safely stored. labeled during the Establish a procedure for assessment visit. proper chemical manasemant Jan-17 Occupational Safety and Chemicals and Hazardous No MSDS' were posted for Provide MSDS' for all the Health Substances chemicals used in the ink mixing hazardous chemicals used in area. the workplace. Jan-17 Occupational Safety and Chemicals and Hazardous Documented evidence of actions Keep records of action taken Health Substances taken by management to control to control and oversee and oversee workers’ exposure to workers’ exposure to chemicals and hazardous chemicals and hazardous substances were unavailable. substances. Jan-17 Occupational Safety and Chemicals and Hazardous Proof of chemical safety training Keep records of chemical Health Substances conducted for workers were safety training sessions unavailable during the conducted for workers. assessment. Jan-17 Occupational Safety and Chemicals and Hazardous No eye washing facilities were Provide adequate washing The factory installed Health Substances provided for workers exposed to facilities and cleansing additional eye wash hazardous chemicals in the materials in the event of stations in areas were printing section. exposure to hazardous workers are exposed to chemicals. chemicals. Jan-17 Occupational Safety and Worker Protection No protective equipment were Provide workers with all the Health provided to workers in the necessary personal protective generator room where there is a clothing and equipment. high level of noise and in the spot cleaning area on the sewing floor. Jan-17 Occupational Safety and Worker Protection PPE training records were Keep record of PPE training The factory provided Health unavailable. sessions conducted for training to workers while workers. giving the PPE. Workers signed that they received the training and the PPE. Jan-17 Occupational Safety and Worker Protection Shock absorbing mats were not Provide shock absorbing mats Health provided for several standing for standing workers. workers in the inspection area. Jan-17 Occupational Safety and Worker Protection More than 30 percent of all Install guards on all dangerous Monthly inventory is Health machines were missing pulley moving parts of machines performed since then and guards. AIl the single needle and equipment. guards are installed machines were missing finger progressively. guards. Jan-17 Occupational Safety and Worker Protection The electrical distribution boxes Ensure that all electrical wires, All electrical wires, Health were not well maintained as 3 switches and plugs are switches and plugs are boxes were left uncovered and 2 properly installed, grounded properly installed, boxes were obstructed. In the and maintained. grounded and maintained. printing area, welding work was being conducted with exposed wires. [page 58] 57 Jan-17 Occupational Safety and Working Environment Temperatures throughout the Keep the workplace The factory has ordered a Health factory exceed the BW temperature under 30 C. measuring tool to monitor recommended maximum limit of the temperature level and 30 C. take decisions accordingly. Jan-17 Occupational Safety and Working Environment Several sections at the workplace Lighting levels should be The factory has ordered a Health were inadequately lit. increased. measuring tool to monitor the light level and take decisions accordingly. Jan-17 Occupational Safety and Welfare Facilities The factory has 17 functioning Comply with the labor code Health toilets for women and 15 toilets for recommendations regarding men. With its current workforce, the total number of toilets. the factory should have 19 functioning toilets for men and 66 functioning toilets for women. Jan-17 Occupational Safety and Health Services and First No systematic medical checks Provide medical checks to Health Aid were arranged for newly hired workers within the first three workers within the first three months of hiring. months of employment. Jan-17 Occupational Safety and Health Services and First No systematic medical checks Provide systematic medical Health Aid were arranged for workers who checks to workers exposed to have been exposed to work- work-related hazards. related hazards. Jan-17 Occupational Safety and Health Services and First No systematic annual medical Provide systematic annual Health Aid checks were arranged for workers. : medical checks for all workers. Jan-17 Occupational Safety and Health Services and First The factory has 2 full time nurses To comply with the Haitian The factory is building a Health Aid and 1 doctor's visit per week. labour code, a factory of this new infirmary and one size must have à permanent onsite doctor will perform on site medical service, with general medical checks for at least 7 nurses and 3 2 or 3 days a week. doctor's visits per week. Jan-17 Occupational Safety and Health Services and First Only 33 workers were trained in To comply with the Haitian Health Aid first-aid. Labour Code, a factory of this size must have at least 144 workers trained in first-aid. Jan-17 Occupational Safety and Emergency Preparedness The alarm system is not working Ensure the workplace has Health in the printing area and the fabric adequately functioning fire warehouse. The obstructed smoke detection and alarm systems. detector in cutting area was corrected during the assessment. [page 59] 58 Jan-17 Occupational Safety and Emergency Preparedness 6 fire extinguishers were inspected Maintain adequately Non functional fire Health in 2014 and did not have any functioning fire-fighting extinguishers were maintenance logs attached. equipment. removed and repaired. Another fire extinguisher had inadequate pressure. The 6 fire extinguishers from 2014 were removed during the assessment. Jan-17 Occupational Safety and Emergency Preparedness Only 63 workers were trained in A factory of this size must Twice à year a group of Health fire fighting. have at least 144 workers employees are trained. trained in fire-fighting. Past months, the National Fire Brigade has trained 25- 30 employees. At the end of the year, another group will be trained. Jan-17 Occupational Safety and Emergency Preparedness No evacuation maps were posted Post accurate evacuation Engineering department Health in the printing area and the fabric maps around the workplace. has submitted a draft of warehouse. The evacuation map the evacuation plan for posted in the inspection and approval. pressing areas need to be updated. Jan-17 Occupational Safety and Emergency Preparedness 2 out of the 3 exits on the printing Ensure that the emergency Emergency exist are Health floor were obstructed and the exit exits are accessible, accessible. lights were not working. Another unobstructed and unlocked exit on the cutting floor was during working hours, obstructed by a car. including overtime. Jan-17 Working Time Regular Hours Authorization from the Request the authorization to Situation is regularized. Department of Labour work at night from MAST. The factory requests for before working at night authorization to work at night if they scheduled so and they do not perform the overtime without the authorization. Jan-17 Working Time Overtime Workers had worked more than Comply with the Haitian labor The factory limits the 80 hours of overtime during the code on overtime work. numbe rof overtime hours. May to July 2016 trimester. Jan-17 Working Time Overtime An authorization to work overtime Obtain prior authorization The factory requested the during November 2016 to January from MAST for overtime work. required authorization. 2017 was not obtained from the Department of Labour. [page 60] 59 BETTER WORK HAITI - 16TH SYNTHESIS REPORT . Factory: CODEVI Location: Ouanaminthe Number of workers: 7800 Date of BW registration: 24-Sep-09 Date of last two Better Jan-18 Oct-16 Work assessments: Advisory and Training Services 6-Sep-18 Industry Seminar on Risk Management & Control 28-Aug-18 Bipartite Committee (PICC/LKSB/PC) Training 28-Aug-18 PICC Meeiting with FW and Brand M committees. Factory tour. 27-Aug-18 Advisory visit to review the mprovement plan with management and conduct factory tour. 19-Jun-18 Training on Emergency preparedness and Accident investigation. 18-Jun-18 Training on OSH assessment checklist and OSH factory tour. 8-Jun-18 Review of the improvement plan with the compliance team. PICC meeting with Brand M and FW1 (OSH improvement plan). Meeting with the union SOKAWA and SOFEZO on the mass layoff at CODEVI. 5-Jun-18 Factory tour with compliance team at FW1, MD Industries, Superior. Meeting with Superior management team on identified issues and involvement in Better work activities. Debriefing with Compliance team on identified issues in order to identify possible solutions. 15-May-18 Compliance Assessment Tool Training 14-May-18 Industry Seminar on Chemical Management System 13-Apr-18 Occupational Safety and Health (OSH) Training ASSESSMENT COMPLIANCE CLUSTER COMPLIANCE POINT DETAILS OF NON COMPLIANCE IMPROVEMENT PRIORITIES REMEDIATION EFFORTS MONTHS Assessment April 2018 Jan-18 Compensation Overtime Wages Several workers categorized as Ensure that apprentices are The company revised it 24 apprentices were subjected to properly paid for all hours sprocedures to ensure that all overtime hours but receive only the worked. employees including apprentice salary, which is 40% of apprentices are are paid the minimum wage with no according to the compensation for the overtime hours requirements of the law worked. Jan-18 Compensation Method of Payment Wage deduction should not exceed Ensure that salary deductions 9 1/6 of workers monthly earnings. do not exceed 1/6 of workers earnings. Jan-18 Compensation Paid Leave Permanent workers were not Ensure that workers are 84 compensated for Sunday after 6 compensated in line with the consecutive days or 48 hours legal requirements. worked. [page 61] 60 Jan-18 Compensation Paid Leave Annual leave payment is incorrect. Ensure that annual leave 24 calculations include all the workers’ earnings. Jan-18 Compensation Paid Leave Sick leave payment is incorrect. Ensure that sick leave The internal regulation and 84 payments are based on the CBA has been updated. average workers’ earnings. The factory has started to provide adequate payment for sick leave to all eligible workers. Jan-18 Compensation Paid Leave Maternity leave payment is incorrect. Ensure that maternity leave The internal regulation and 84 payments are based on the CBA has been updated. average workers’ earnings The factory has started to provide adequate payment for maternity leave to all eligible workers. Jan-18 Compensation Social Security and Other Employer contribution to ONA was Ensure that ONA payments 24 Benefits not paid on time. are accurate and on time for all buildings Jan-18 Compensation Social Security and Other Workers’ contribution to ONA was Ensure that ONA payments 24 Benefits not paid on time. are accurate and on time for all buildings Jan-18 Compensation Social Security and Other OFATMA payment for work-related Pay the work related accident CODEVI paid the OFATMA 84 Benefits accident insurance was not made for insurance for the fiscal year until the month of september the fiscal year 2017-2018. 2017-2018 2018. Jan-18 Compensation Social Security and Other The factory has not registered with Register with OFATMA for 36 Benefits OFATMA for maternity and health maternity and health insurance. insurance Jan-18 Compensation Social Security and Other The factory has not registered with Register with OFATMA for 36 Benefits OFATMA for maternity and health maternity and health insurance. insurance Jan-18 Compensation Social Security and Other The payment amount for the annual Ensure that the annual bonus 24 Benefits bonus is incorrect. calculation is based on total workers earnings Jan-18 Contract and Human Employment Contracts Apprentices were found to have Ensure that the 24 Resources contracts that are not approved by apprenticeship program is MAST as required by law. approved by MAST Jan-18 Contract and Human Employment Contracts The internal work rules are not yet Follow up with MAST for the The factory posted the 24 Resources approved by the Ministry of Social approval of internal work current version of the Affairs and Labour. rules. internal work rules in all buildings. [page 62] 61 Jan-18 Occupational Safety and OSH Management Assessment of general occupational Conduct a general CODEVI hired additional 9 Health Systems safety and health issues was not occupational safety and compliance officer for FW, completed in all facilities. health assessment for all Mazava, brandM, MD, to buildings. conduct general OSH assessment on a regular basis. Jan-18 Occupational Safety and Chemicals and Hazardous No inventory of chemical substances Keep an accurate and 24 Health Substances used in the workplace were provided updated inventory for all for three facilities. chemicals used in the workplace. Jan-18 Occupational Safety and Chemicals and Hazardous Some chemicals containers did not Ensure that all chemicals are All chemical containers 96 Health Substances have any kind of labeling or the properly labeled. Train were labeled correctly. labeling was in a foreign language. workers and managers on proper chemical handling. Jan-18 Occupational Safety and Chemicals and Hazardous Chemical storage area has not been Ensure that all chemicals are The factory has ensured 96 Health Substances properly built in one of the factories. properly stored. Train workers that all chemicals and and managers on proper hazardous substances used chemical handling. in the factory are stored properly. Jan-18 Occupational Safety and Chemicals and Hazardous During the assessment it was Ensure that all required MSDS All the missing MSDS'have 96 Health Substances observed that no MSDS were are available in local language been posted in the Stock available for several chemicals for all chemicals used in the room and in each station substances used in the workplace. workplace. Train workers and where they are using the managers on proper chemical chemicals. handling. Jan-18 Occupational Safety and Chemicals and Hazardous During the assessment it was Install proper eye wash Eye washing stations have 96 Health Substances observed that no eyewash stations stations in all areas where been provided in the were installed in 6 locations where chemicals are used in the following area : stock room, chemicals are used. workplace. washing stations and stamping stations. Jan-18 Occupational Safety and Worker Protection During the assessment it was Ensure that workers are Management has identified 96 Health observed that PPE were not provided provided with all required the staff in charge of to all workers exposed to hazards. PPESs. Provide PPE training as providing and renewing the required. PPESs for each factory and updated the PPE regulation (based on MSDS and hazard inventory). AI 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. [page 63] 62 Jan-18 Occupational Safety and Worker Protection Workers’ chairs were found in poor Provide workers with chairs CODEVI has been gradually 96 Health conditions in four facilities. with backrest. investing to replace the chairs at the factory and 95% of them have already been changed. Management expects to change the remaining chairs in the near future. Jan-18 Occupational Safety and Worker Protection Machine safety guards were missing. Ensure that all machines and CODEVI defined staff in 96 Health equipment are equipped with charge of maintaining the required safety guards. machine guards for each factory and all machines have been equipped with the required safety guards. Jan-18 Occupational Safety and Worker Protection Exposed electrical wires and open Ensure that all electrical The factory posted 9 Health electrical boxes with exposed wires in installation are properly additional safety warnings three facilities. maintained. in the noted areas. Appropriate safety warnings are posted on all plants. The factory installed dielectric carpet below the electrical panel in AM2. Jan-18 Occupational Safety and Worker Protection Electrical installation not properly Ensure that all electrical 9 Health marked. installation are properly maintained and identified. Jan-18 Occupational Safety and Working Environment Temperature levels exceeded 30 C. Keep the workplace The factory installed a 36 Health temperature below 30 C. cooling system in AM2 and Mazava. Also, more fans and heat extractors were added in FW. A cooling system will be installed in FW to reduce the temperature levels. Jan-18 Occupational Safety and Working Environment Noise levels exceeded 90 Db. Keep the workplace noise 9 Health level below 90 Db. Jan-18 Occupational Safety and Welfare Facilities Insufficient number of toilets. Increase the number of All bathrooms are 96 Health toilets. maintained clean and functional. Jan-18 Occupational Safety and Welfare Facilities Missing soap in toilets. Ensure that soap is always The factory has provided 96 Health available during working adequate soap and water in hours. all the toilets. Jan-18 Occupational Safety and Welfare Facilities Insufficient seating in eating area. Build additional eating area The factory is building a 96 Health for workers. modern cafeteria and kitchen for cooks. [page 64] 63 Jan-18 Occupational Safety and Health Services and First No medical checks for workers Provide free medical heath The factory conducts 96 Health Aid exposed to work-related hazards checks for workers at BKI, Top medical checks for all newly were provided for workers in 3 Choice and Superior within hired workers and regular facilities. the first three months of medical follow ups for hiring. employees performing hazardous work. AIl factory staff also have access to extensive medical, cardiovascular, dental, visual laboratory and operations services. Jan-18 Occupational Safety and Health Services and First No medical checks at hiring were Provide free annual checks for The factory started to 96 Health Aid provided for workers in 3 facilities. all workers exposed to work- provide annual medical related hazards twice a yearin checks for all workers and all factories. the corresponding medical records are also available to support this. Jan-18 Occupational Safety and Health Services and First No evidence of annual medical Provide free annual checks for 96 Health Aid checks for all workers was presented. all workers once a year in all factories. Jan-18 Occupational Safety and Health Services and First Insufficient medical staff. Increase the number of 96 Health Aid nurses. Jan-18 Occupational Safety and Health Services and First First aid boxes not properly equipped Ensure that first aid boxes are First aid boxes were 96 Health Aid in some locations. available and properly installed in all CODEV''S supplied in all factories. and Brand M buildings. Jan-18 Occupational Safety and Health Services and First Insufficient number of workers Train at least 10 percent of Additional workers were 96 Health Aid trained in first aid. workforce in first aid. trained in first-aid. Jan-18 Occupational Safety and Emergency Preparedness No fire detectors have been installed Install adequate fire 24 Health in 3 areas and no smoke detector extinguishers and smoke were installed in three others. detectors as required in all buildings. Jan-18 Occupational Safety and Emergency Preparedness Fire extinguishers not properly Keep all fire extinguishers The factory installed a 24 Health maintained. properly maintained. 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. Jan-18 Occupational Safety and Emergency Preparedness Insufficient number of workers Train 10 percent of the The factory has provided 96 Health trained in fire fighting. workforce to use the fire- fire-fighting training to 10% fighting equipment. of the workforce. The employer has a Jan-18 Occupational Safety and Emergency Preparedness Escape routes not properly marked in Mark the escape routes in all 96 Health two buildings. buildings. [page 65] 64. Jan-18 Occupational Safety and Emergency Preparedness Emergency routes and/or exits Keep the aisles clear in all Regular inspections are 96 Health obstructed or not clearly marked in buildings. conducted to ensure that all five out of seven buildings. emergency exits are accessible, unobstructed and unlocked at all times. Jan-18 Occupational Safety and Emergency Preparedness Emergency drills not conducted Conduct emergency drills for As recommended, 96 Health every 6 months in all buildings. all buildings. management is currently conducting periodic emergency drills for each factory every 6 months. MD made Emergency drills for this year Brand M made Emergency drills for this year Jan-18 Occupational Safety and Emergency Preparedness Cell phones were being charged Keep all possible sources of 24 Health inappropriately throughout the ignition safeguarded. Provide workplace near highly flammable workers with cell phone substances. charging station. Jan-18 Working Time Regular Hours Not all hours worked on Saturday are Ensure that all working hours 24 reflected in the attendance records. are properly recorded and compensated. Jan-18 Working Time Overtime Workers in the packing, shipping and Reduce the number of 84 loading session were found to have overtime hours. completed up to 215 hours overtime per trimester. Assessment October 2016 Oct-16 Discrimination Gender One case of sexual harassment has Provide training to raise The factory has included been found in the workplace. workers awareness on ways to information on their sexual prevent and address sexual harassment policy in the harassment at the workplace. induction training for all Train supervisors and new workers. Training has managers on the company also been provided to old regulations regarding sexual workers. 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 Collective Bargaining The CBA is not fully implemented. Review the CBA with the A new CBA is being and Collective Bargaining union and implement all the negotiated. provisions agreed upon accordingly. [page 66] 65 Oct-16 Compensation Overtime Wages Extra hours of work performed on Ensure that work on weekly Saturday and Sunday are not rest days are conducted with adequately paid. prior authorization from MAST and compensated properly. Oct-16 Compensation Premium Pay Working hours completed during Properly compensate workers night shift were not paid at 100 for hours worked at night. percent above normal wage, as required. Oct-16 Compensation Wage Information, Use and Time records did not correlate Review the payroll and Deduction between the payroll and attendance attendance recording systems records. to ensure consistency in records and to accurately reflect the actual working hours. Oct-16 Compensation Paid Leave Several workers worked for more Review payroll procedures than 48 hours even within 5 working and system to ensure that days or less. In some cases, no weekly rest days are properly weekly rest day payments were paid for when workers noted in the payroll as required by complete 48 hours of work the law. Within Monday to Friday. Oct-16 Compensation Paid Leave Compensation for annual leaves is The factory needs to review not accurately calculated. its payroll system and procedures to ensure that all annual leave payments are compliant with the legal requirements. Oct-16 Compensation Paid Leave Sick leave payments are based on The factory needs to review the minimum wage instead of the its payroll system and average earnings as stipulated by procedures to ensure that all Article 148 of the labor code. sick leave payments are compliant with the legal requirements. Oct-16 Compensation Paid Leave Maternity leave payments are based The factory needs to review on the minimum wage instead ofthe its payroll system and average earnings as stipulated by procedures to ensure that all Article 148 of the labor code. sick leave payments are compliant with the legal requirements. Oct-16 Compensation Social Security and Other ONA payment is late. Ensure that ONA payments The factory has started to Benefits are paid on time every month. monitor the timeliness of ONA payments. All dues have been fully paid until July 2017. [page 67] 66 Oct-16 Compensation Social Security and Other ONA contribution is collected but not Ensure that ONA payments The factory has started to Benefits forwarded on time to workers. are paid on time every month. monitor the timeliness of ONA payments. All dues have been fully paid until July 2017. Oct-16 Compensation Social Security and Other The factory has not registered with Register with OFATMA for CODEV is registered with Benefits OFATMA for work-related accident work-related accident OFATMA for work-related insurance. insurance. accident insurance. The company completed the payment for 2016-2017 fiscal year. Oct-16 Compensation Social Security and Other The factory has not registered with Benefits OFATMA for maternity and health insurance (emplover's contribution). Oct-16 Compensation Social Security and Other The factory has not registered with Benefits OFATMA for maternity and health insurance (workers' contribution). Oct-16 Compensation Social Security and Other Compensation for annuals leaves is The factory needs to review Benefits not accurately calculated as the its payroll system and average earnings of the workers. procedures to ensure that all annual leave payments are compliant with the legal requirements. Oct-16 Compensation Employment Contracts Approved internal work rules were Obtain MAST's approval for The factory revised its not posted at the workplace. the internal work rules. internal work rules and sent them to MAST for approval. The factory posted the current version of the internal work rules in all buildings Oct-16 Compensation Contracting Procedures Workers categorized as apprentices Ensure that overtime hours were subjected to excessive overtime have prior authorization and hours. are properly recorded and paid for all categories of workers. Obtain approval from MAST for the apprenticeship program and aquire other neraccarv related dartimantse Oct-16 Compensation Termination Workers are often terminated Provide labor law training to Labor law training was without reason. In the terminated the HR and management provided to HR and files, instead of stating the specific teams. Ensure that management staff. Internal reason for termination, it only termination procedures are work rules were revised to mentioned an article number. compliant with legal ensure that the termination requirements. process is compliant with legal requirements. [page 68] 67 Oct-16 Compensation Dialogue, Discipline and Some supervisors do not treat Provide training to supervisors Additional training has been Disputes workers with respect and no on proper workplace conduct. provided to supervisors and adequate grievance mechanism is Communicate the company further sessions have been available to follow up with workers’ policy on verbal abuse to all scheduled for managers. complaints. employees. Internal work rules were revised to ensure that the company policy on verbal abuse is properly communicated. Oct-16 Compensation OSH Management The factory record work-related Submit records of work- Systems accidents but these records were not related accidents to OFATMA. submitted to OFATMA. Oct-16 Occupational Safety and Chemicals and Hazardous No inventory of chemical substances Ensure that a complete An inventory of all Health Substances used in the workplace were provided. inventory of all chemicals chemicals used in the used in the workplace is kept workplace is available at the and updated by the compliance department. compliance department. Oct-16 Occupational Safety and Chemicals and Hazardous Several unlabeled chemicals Review the chemical handling Maintenance managers Health Substances containers found in the workplace. procedures to ensure that have been assigned to labels are available at all monitor chemical labeling times. Regularlÿy monitor the at all times. Training was implementation of this also provided to other staff procedure. members using chemicals on a regular basis. Oct-16 Occupational Safety and Chemicals and Hazardous No MSDS available for several Review the chemicals Health Substances chemicals used in the workplace. handling procedure to ensure that labels and MSDS' are available at all times and regularly monitor its implementation. Oct-16 Occupational Safety and Chemicals and Hazardous Workers did not receive any chemical Provide training on chemicals Training on chemical safety Health Substances safety-related training. safety and keep adequate was provided and adequate records. records are available. Additional training sessions are also planned for the upcoming months. Oct-16 Occupational Safety and Chemicals and Hazardous No eye wash stations were observed Install eye wash stations in Additional eye wash Health Substances near the chemical usage areas of 5 the chemical usage areas. stations were installed in buildings. the chemical usage areas of buildings FW, MD and AM2. Oct-16 Occupational Safety and Worker Protection Not al workers in the following Provide adequate PPE to all Additional PPEs were Health sections were provided with PPE : worker, as required and train provided in the MD and spot cleaning section, stamping, and them on the importance of AM2 buildings. Training on production. using PPE. Assign a person in chemical handling was charge of monitoring the provided. Maintenance availability of PPESs. coordinators have been tasked with monitoring the availability of PPEs. [page 69] 68 Oct-16 Occupational Safety and Worker Protection Several workers were seated on Replace the chairs without Management has Health chairs without back rests. back rests. purchased new chairs to Also several standing workers in one replace the ones without building were not provided with back rests. New chairs are standing mats. Several pregnant provided to workers as workers in another building were needed. performing tasks that required them to stand for extended periods and were not provided with chairs when requested. Oct-16 Occupational Safety and Worker Protection During the factory tour, EAs noticed Define staff in charge of Machine guards were Health that several machines were missing maintaining machine guards replaced and the finger guards and pulley guards. for each factory. Ensure that maintenance coordinators all machines have proper have been assigned to guards. monitor this requirement. Oct-16 Occupational Safety and Worker Protection No warning signs were posted on Ensure that Top Choice and Health several electrical boxes. Superior assigns a management staff to be in charge of monitoring compliance issues. Oct-16 Occupational Safety and Working Environment Workplace temperature exceed 30 C. improve the temperature The factory installed a Health levels in the noted areas. cooling system in AM2 and Mazava. They also added more fans and heat extractors in FWI and MD. They plan to add cooling systems in FWI in October 2017 and in MD, in December 2017. Oct-16 Occupational Safety and Welfare Facilities Insufficient number of toilets. Build additional toilets. Health Oct-16 Occupational Safety and 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 Welfare Facilities The number of seats available atthe Provide an eating area that Health existing eating area is inadequate to can adequately accommodate the total number of accommodate all workers. workers currently employed by the factorv Oct-16 Occupational Safety and Health Services and First No systematic medical checks were Conduct regular medical The factory conducts Health Aid arranged for newly hired workers checks for newly hired regular medical checks for within the first three months of workers. newly hired workers on an employment. ongoing basis. Oct-16 Occupational Safety and Premium Pay No adequate compensation is Properly compensate workers Health provided for work performed on both for hours worked at night. Saturday and Sunday. [page 70] 69 Oct-16 Occupational Safety and Health Services and First No systematic annual medical Provide systematic annual Health Aid checks were arranged for workers. medical checks for all workers. Oct-16 Occupational Safety and Health Services and First No systematic bi-annual medical Provide systematic bi-annual Health Aid checks were arranged for workers medical checks were arranged who are exposed to work related for workers who are exposed hazards. to work related hazards. Oct-16 Occupational Safety and Health Services and First Several pregnant workers Ensure that all pregnant Additional chairs were Health Aid complained that they were not women are provided with provided for pregnant provided with seats when requested. proper seats. women. Oct-16 Occupational Safety and Health Services and First Insufficient number of medical staff Hire additional medical staff. Health Aid Oct-16 Occupational Safety and Health Services and First First aid boxes not easily accessible Ensure that adequate first aid Health Aid in 3 buildings. boxes are available in each buildine. Oct-16 Occupational Safety and Emergency Preparedness Two factories did not have an alarm Install proper fire detection The factory recruited one Health system installed and the alarm and alarm system in all additional compliance system from another building was buildings. officer to improve not operational. monitoring of the new plants. Oct-16 Occupational Safety and Emergency Preparedness Several undercharged or blocked fire Increase the number of fire The factory recruited one Health extinguishers found in the workplace. extinguishers inspection in all additional compliance building. Keep a stock of officer to improve additional fire extinguishers to monitoring of the new be used in case of emergency. plants. Oct-16 Occupational Safety and Emergency Preparedness The evacuation plans do not reflect Update all evacuation plan as Health the actual layout of the workplace for required. 2 building. No evacuation were posted in the workplace for 1 building. Oct-16 Occupational Safety and Emergency Preparedness No records of fire drills were available Conduct biannual emergency The factory conducted Health for 3 buildings. drills for each building. emergency drills in all the buildings. Oct-16 Occupational Safety and Emergency Preparedness Cell phones were being charged Provided workers with a Management provided Health inappropriately throughout the designated charging stations. workers with charging workplace and near highly flammable stations in order to address substances. this issue. Oct-16 Working Time Regular Hours Workers from several buildings Review compensation system complained that they usually worked for all eligible workers to beyond regular hours but receive a ensure that they are properly fixed salary from management paid for overtime hours. regardless of the actual hours worked. [page 71] 70 Oct-16 Working Time Regular Hours Several categories of workers were Review attendance recording not punching in and out of the system for all eligible workers factory to record their working time. to ensure that all overtime Several of these workers explained hours are properly recorded that they are subjected to long for them. working hours but are not rnmnancatand srrnrdinals Oct-16 Working Time Overtime No authorization to work at night was Request authorization to work New regulation on working provided to EAs during the at night from MAST. hours eliminated that assessment. requirement. Oct-16 Working Time Overtime Several workers in the packing, Respect legal limits for New regulation on working shipping and loading session at 2 overtime. hours eliminated that plants were found to have completed requirement. more than 80 hours overtime per trimester. Oct-16 Working Time Overtime No authorization to work on Sundays Request authorization to work New regulation on working was provided to EAs during the on Sundays from MAST. hours eliminated that assessment. requirement. Oct-16 Working Time Overtime No authorization to work overtime Request authorization to work New regulation on working was provided to EAs during the overtime from MAST. hours eliminated that assessment. requirement. [page 72] 71 BETTER WORK HAITI - 17TH 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 Aug-17 Jun-16 assessments: Advisory and Training Services T-Sep-18 Factory tour to conduct a hazard hunt with the plant manager. Review of the Improvement Plan and discussions on the new issues identified by union members with the plant manager. 03-Aug-18 Review of the Improvement Plan and discussions on social dialogue with union members and the plant manager. Observation of fire drills performed by workers under the direction of management . 29-Jun-18 Industry Seminar on Chemical Management System 5-Jun-18 Industry Seminar on Supervisory Skills (SST) 1-Jun-18 Industry Seminar on Leadership Skills 24-May-18 Advisory visit to discuss recent work stoppage and the functioning of the bipartitie committee with plant manager. 15-Mar-18 Advisory visit to follow up on the recommendations made in the strike dismissal report and review the status of the improvement Plan. O02-Feb-18 Advisory visit to discuss on the improvement plan and strike protocol with the HR compliance officer. Factory tour to identify potential new OSH issues and validate corrections of current findings. Meeting on PICC functioning with HR and Compliance officer 08-Dec-17 Human Resources Management Training 24-Nov-17 Industrial Relations Training 15-Nov-17 Training on chemicals management. ASSESSMENT COMPLIANCE CLUSTER COMPLIANCE POINT DETAILS OF NON COMPLIANCE IMPROVEMENT PRIORITIES REMEDIATION EFFORTS MONTHS Assessment August 2017 Aug-17 Occupational Safety and Emergency The evacuation routes in the fabric Keep the evacuation routes in the The evacuation routes in fabric 30 Health Preparedness warehouse were obstructed fabric warehouse unobstructed Wwarehouse remained unobstructed during working hours, including during subsequent advisory visits overtime. Aug-17 Compensation Social Security and Late ONA payment. Contribution is Ensure that ONA payments are Remediation in progress. Last 77 Other Benefits based on the minimum wage instead based on the basic salary instead payment for August was paid on of the base salary. of worker's minimum wages. Also, time on Sept 6 -Basic salary ONA payments must be made calculations include all revenues Within 10 working days of the but subsidy given to workers for following month. transportation. Management is having on going discussions to add subsidy to basic salary. Aug-17 Compensation Social Security and Collecting and forwarding workers" Ensure that ONA payments are Remediation in progress. Basic 77 Other Benefits contributions for social insurance based on the basic salary instead salary calculations include all funds to ONA. of workers’ minimum wages. revenues but subsidy given to workers for transportation. Management is having ongoing discussion with workers to add subsidy to basic salary. [page 73] 72 Aug-17 Compensation Social Security and Employer contribution to OFATMA for Ensure that the employer 14 Other Benefits work-related accident insurance. contribution to OFATMA for work- related accident insurance is 3 percent of workers’ basic salary. Aug-17 Compensation Social Security and Employer contribution to OFATMA for Register with OFATMA for 14 Other Benefits maternity and health insurance. maternity and health insurance services. Aug-17 Compensation Social Security and Workers' contributions to OFATMA for Collect and forward of worker's 14 Other Benefits maternity and health insurance. contributions to OFATMA for maternity and health insurance. Aug-17 Contract and Human Contracting Procedures Excessive overtime for non production Ensure that non production Management hired extra labor to 14 Resources workers. workers do not exceed the legal limit the overtime to acceptable limits for overtime hours. levels. Aug-17 Occupational Safety and OSH Management Assessment of general occupational Set up an OSH committee and OSH committee has been 14 Health Systems safety and health issues in the factory. conduct a monthly assessment of reactivated and conducts regular general occupational health and monthly OSH assessments safety in the factory. Aug-17 Occupational Safety and OSH Management Mechanisms to ensure cooperation Ensure that the factory has an OSH committee has been 14 Health Systems between workers and management on active OSH committee that meets reactivated and conducts regular OSH matters. at least once a month. monthly meetings Aug-17 Occupational Safety and OSH Management Written OSH policy signed by top Update OSH policy in consultation OSH policy was discussed with 14 Health Systems management. with workers’ representatives. OSH committee and is signed by Ensure that the policy is signed by top management top management. Aug-17 Occupational Safety and Chemicals and Inventory of chemicals and hazardous Update the list of chemicals used Management has started to make 14 Health Hazardous Substances substances used in the workplace and include the products in its production free of chemicals does not include the amount of storage in the inventory of and is updating inventory as it chemicals in storage. chemnicals and hazardous eliminates the usage of such substances. products. Aug-17 Occupational Safety and Chemicals and Assessing, monitoring, preventing Measure worker's exposure to . Management has started to make 14 Health Hazardous Substances and/or limiting workers’ exposure to hazardous substances. its production free of chemicals hazardous substances. and hazardous substances. Aug-17 Occupational Safety and Chemicals and Washing facilities or cleansing Provide adequate washing Adequate eye wash station has 14 Health Hazardous Substances materials are not available in the facilities and cleansing materials in been installed for personnel event of chemical exposure. the event of exposure to working in spot cleaning section. hazardous chemicals. Aug-17 Occupational Safety and Worker Protection Personal protective clothing and Replace damaged PPE and 14 Health equipment not available for workers in provide adequate equipment to the spot cleaning. workers using hazardous chemicals. Aug-17 Occupational Safety and Worker Protection Workers are not using personal Train and encourage workers to Training completed by top 52 Health protective equipment installed on properly use personal protective management on September 15th machines. equipment and machines. [page 74] 73 Aug-17 Occupational Safety and Worker Protection Missing guards on some dangerous Install proper guards and maintain Remediation in Management is 14 Health parts of machines and equipment. all dangerous parts of machines proactively collaborating with and equipment. workers, supervisors and mechanics to repair and maintain machine guards in a timely Aug-17 Occupational Safety and Working Environment Workplace temperature exceed BW Improve the temperature levels 72 Health recommended limit of 30 C. throughout the workplace. Aug-17 Occupational Safety and Welfare Facilities The last drinking water test provided Provide workers enough free safe The most recent water test 14 Health by the factory indicated that the water drinking water. completed revealed no harmful contained harmful germs. germs in the water. Aug-17 Occupational Safety and Health Services and First No medical check for workers within Provide medical checks for all The factory implemented a 14 Health Aid the first three months of hiring. workers within the first three system to ensure that medical months of hiring. checks are provided for all new workers. Aug-17 Occupational Safety and Health Services and First lack of Health checks for workers who Provide bi-annual medical checks The factory is implementing a 14 Health Aid are exposed to work-related hazards. to workers who have been system to provide bi-annual exposed to work related hazard checks to workers who have been exposed to work related hazard Aug-17 Occupational Safety and Health Services and First Annual medical checks for workers. Provide annual medical checks to The factory implemented a 14 Health Aid all workers. system to ensure that medical checks are provided for all new workers. Aug-17 Occupational Safety and Health Services and First Access to one first aid box was Ensure first aid boxes are First aid boxes are unobstructed. 14 Health Aid completely obstructed by fabric accessible and remain cartons. unobstructed. Assessment June 2016 Jun-16 Compensation Overtime Wages Security guards' overtime payment is Adjust the security guards' salary The factory adjusted the security inaccurate. according to their working hours. guards' salary according to their working hours. Jun-16 Compensation Overtime Wages Security guards were not paid Ensure that the security guards The factory changed the security correctly for regular overtime hours. are paid properly. guards employment contracts. Jun-16 Compensation Overtime Wages Security guards were incorrectly paid Ensure that the security guards' Security cameras have been for overtime hours worked at night as pay is compliant with the law. installed and the guards no longer they received a fixed salary. work at night. Jun-16 Compensation Overtime Wages Security guards were not paid for Ensure that the security guards' The security guards' payments are overtime hours worked during legally payments are compliant with legal compliant with legal requirements. mandated holidays as they received requirements. fixed salaries. Jun-16 Compensation Overtime Wages Security guards were not paid for Ensure that the security guards' The security guards' payments are overtime hours worked during weekly payments are compliant with legal compliant with legal requirements. rest days as they received fixed requirements. salaries. [page 75] 74 Jun-16 Compensation Premium Pay Security guards were incorrectly paid Ensure that the security guards' The security guards' payments are for regular hours worked at night as payments are compliant with legal compliant with legal requirements. there was no 50 percent increase for requirements. such payments Jun-16 Compensation Premium Pay Security guards were incorrectly paid Ensure that the security guards' The security guards' payments are for regular hours worked during weeklÿy payments are compliant with legal compliant with legal requirements. rest days. requirements. Jun-16 Compensation Premium Pay Security guards were incorrectly paid Ensure that the security guards' The security guards' payments are for regular hours worked during payments are compliant with legal compliant with legal requirements. holidays. requirements. Jun-16 Compensation Wage Information, Use Payroll records for the last 3 months Ensure that the attendance The attendance system is linked to and Deduction showed some discrepancies. system is linked to the payroll the payroll system. system. Jun-16 Compensation Social Security and The employer's payment to ONA was Ensure timely payments to ONA Other Benefits late. on à monthly basis. Jun-16 Compensation Social Security and The employer does not collect and Ensure timely payments to ONA Other Benefits forward the workers’ contributions to on a monthly basis. ONA on time for social insurance services. Jun-16 Contract and Human Termination The notice period payment for Management should compensate Payment for notice of termination Resources terminated workers is incorrectly workers based on the average is based on average earnings. calculated. earnings for the last 3 months of work. Jun-16 Contract and Human Termination The unused annual leave payments Management should compensate Annual leave payments are based Resources for terminated workers is incorrectiy workers based on the average on average earnings. calculated. earnings for the last 3 months of work. Jun-16 Contract and Human Termination Calculation of the annual salary Calculate the bonus payments Calculation of the annual salary Resources supplement or bonus is inaccurate. based on the actual days worked supplement or bonus is accurate. during the employment year. Jun-16 Occupational Safety and Chemicals and No MSDS and eye wash station MSDS for thinner and an eye wash The gallons of thinner has been Health Hazardous Substances available for chemnicals and hazardous station should be provided in the removed substances. mechanic shop. Jun-16 Occupational Safety and Chemicals and EAs observed 2 gallons of thinner in MSDS for thinner and an eye wash The gallons were removed from Health Hazardous Substances the mechanic shop. However, no station should be provided in the the mechanic shop. MSDS was available. mechanic shop. Jun-16 Occupational Safety and Worker Protection No appropriate PPE was provided to Provide appropriate PPE to all Health workers using thinner. workers. Jun-16 Occupational Safety and Worker Protection Several workers were not using the Provide training to workers on the Health PPESs provided by management. importance of using PPE. Jun-16 Occupational Safety and Working Environment The temperatures exceeded the BW Ensure that the workplace A protective layer has been added Health recommended limit of 30 C. temperatures do not exceed 30C. under the metal sheets. [page 76] 75 Jun-16 Occupational Safety and Working Environment Lighting levels do not meet Better Ensure that the light levels are New lights have been installed to Health Work recommendations. compliant with the comply with the suggested recommendations. requirements for each sections. Jun-16 Occupational Safety and Welfare Facilities Insufficient number of toilets Ensure that the factory has at 17 toilets for women have been Health least 28 functioning toilets for added. women. Jun-16 Occupational Safety and Welfare Facilities The eating area can only Ensure that the eating area can The factory is expanding the eating Health accommodate a small percentage of accommodate all workers. area to comply with this the workforce. requirement. Jun-16 Occupational Safety and Emergency Several obstructed aisles were noted Ensure that the aisles in the fabric Health Preparedness in the fabric warehouse. 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 actual hours worked. records. Jun-16 Working Time Leave The factory does not always authorize Provide leave as requested in the sick leave when the workers submit medical certificate. proper medical certificate. Jun-16 Working Time Leave Nursing mothers are not informed of Allow nursing workers to take All workers are able to take their eligibility for breastfeeding break. breastfeeding breaks breastfeeding breaks. Jun-16 Occupational Safety and Chemicals and No eye wash stations were available Install eye wash station on the Health Hazardous Substances on the event of exposure of chemicals event of exposure of chemicals hazardous materials. hazardous material. [page 77] 76 BETTER WORK HAITI - 17TH SYNTHESIS REPORT = Factory: Go Haïti Location: Port-au-Prince Number of workers: 258 Date of BW registration: Date of last two Better Nov-16 Oct-17 Work assessments: Advisory and Training Services 28-Aug-18 Advisory visit to review improvement action: employment contract and employer contribution to OFATMA for maternity and health insurance. Factory tour to review and validate OSH issues. Quick assessment of social dialogue, grievance handling mechanism, and learning plan. O4-Jun-18 Advisory visit to investigate allegations of discrimination in the hiring process. 5-May-18 Bipartite Committee (PICC) training 24-Apr-18 Advisory visit to review the improvement action related to compensation such as payroll for social security, weekly rest days and mandatory holiday. Factory tour to verify OSH remediation effort. Union’s interview. 20-Feb-18 Advisory visit to establish à training plan and follow up on the bipartite committee election. 16-Jan-18 Advisory visit to help management prepare the first progress report, review the last assessment findings. Factory tour to verify the status of OSH issues. ASSESSMENT COMPLIANCE CLUSTER COMPLIANCE POINT DETAILS OF NON COMPLIANCE IMPROVEMENT PRIORITIES REMEDIATION EFFORTS MONTHS Assessment April 2017 Oct-17 Occupational Safety and Working Environment Workplace temperature exceed 30 Improve the temperature 22 Health Cin the following areas: Packing levels in the noted areas. section, Quality section, Sewing section, pressing section Oct-17 Occupational Safety and Working Environment Insufficient light levels. Ensure the lighting is The factory has purchased 11 Health adequate and adapted to personal sewing lamps. worker's needs. Oct-17 Occupational Safety and Welfare Facilities The factory has 6 functional Ensure that the factory has 12 22 Health toilets for 77 men and 10 functioning toilets for women. functional toilets for 187 Women. Oct-17 Occupational Safety and Health Services and First The factory has 1 nurse and 5 Ensure that the factory has a The factory hired one 22 Health Aid doctor's visits per week. permanent onsite medical additional nurse. staff, with at least 2 nurses and 3 doctor's visits per week. Oct-17 Occupational Safety and Health Services and First First-aid training for workers. Provide first-aid training for at First-Aid training was ul Health Aid least 10 percent of the total provided to workers. workforce. [page 78] 77 Oct-17 Occupational Safety and Emergency Preparedness Training workers to use the Provide training to at least 10 Fire-fighting training was nl Health firefighting equipment. percent of the total workforce provided to workers. in the use of fire-fighting equipment. Oct-17 Occupational Safety and Emergency Preparedness Periodic emergency drill Ensure that workers The last fire drill was done T1 Health participate to an emergency in March 2018. drill every six months. Oct-17 Occupational Safety and Emergency Preparedness Direct wire connection to electrical Ensure that possible sources The connection to the Lil Health outlets in the storage room next of ignition appropriately electrical outlet has been to the gas thank. safeguarded. removed. Oct-17 Compensation Method of Payment Wages payment not regularly paid Ensure regular and timely Wages payment are done 11 on time. payment of wages every 15 every two weeks. days. Oct-17 Compensation Social Security and Other Employer contribution to ONA is Ensure that ONA payment is Change has been done in 11 Benefits based on minimum wage. based on the basic salary the system and employer instead of workers minimum contributionto ONA is wages. Then, made the based on workers' basic monthly payment within the salary. first 10 working days of the following month. Oct-17 Compensation Social Security and Other Workers’ contributions to ONA is Ensure that ONA payment is Change has been done in 11 Benefits base on the minimum wage. based on the basic salary the system and worker's instead of workers minimum contributions to ONA is wages. based on workers’ basic salary. Oct-17 Occupational Safety and Worker Protection Workers are not using the eye Provide training to all workers Training have been nl Health guards on their sewing machines. and encourage them to use provided to the operators. PPE, machines and equipment safely. Oct-17 Occupational Safety and Worker Protection Single needle machines missing Install guards on all dangerous Safety cover has been ul Health finger guards. Also the grinder in parts of machines and placed on the grinder. the mechanical room is missing a equipment. safety cover. Assessment November 2016 Nov-16 Compensation Social Security and Other The factory did not register with Register for the mandatory Benefits OFATMA for maternity and health health and maternity insurance (employer's insurance services from contribution). OFATMA. Nov-16 Occupational Safety and Working Environment The temperatures at the sewing Ensure that workplace Health and quality sections exceeded the temperatures are compliant in BW recommended limit of 30 C. all sections. [page 79] 78 Nov-16 Occupational Safety and Welfare Facilities The factory has 9 toilets for men Provide enough toilets in The factory is planning to Health and 1 toilets for women. With its proportion to the number of add mobile toilets to current workforce, the factory workers in the factory, as comply with this should have 15 for women. required by the law. Keep requirement. existing toilets clean and properly maintained Nov-16 Occupational Safety and Health Services and First The factory has only 1 on site To comply with the Haitian Health Aid nurse and 1 doctor. labor code, the factory should hire an additional nurse as a part of their on site medical team. Nov-16 Compensation Social Security and Other The factory did not register with Register for the mandatory Benefits OFATMA for maternity and health health and maternity insurance (workers' contribution). insurance services from OFATMA. [page 80] 79 BETTER WORK HAITI - 17TH SYNTHESIS REPORT Factory: H&H Textiles S.A. Ç Location: Port-au-Prince Number of workers: 2805 Date of BW registration: Jan-14 Date of last two Better Work assessments: Dec-16 Nov-17 Advisory and Training Activities 20-Aug-18 Industry Seminar on Supervisory Skills (SST) 18-Jul-18 Industry Seminar on Grievance Mechanism O5-Jul-18 Meeting with management to validate pending issues for PR2. 29-Jun-18 Industry Seminar on Chemical Management System 17-May-18 Review of improvements with compliance manager. PICC meetings to discuss workplace issues such as disciplinary measures, OFATMA and workplace communication 13-Apr-18 Meeting with management to update improvement plan with remediation efforts. Factory tour to verify OSH remediation efforts. PICC meeting to establish a workplan in order to improve workplace communication and address non compliance issues. 13-Apr-18 Meeting with management to update improvement plan with remediation efforts. Factory tour to verify OSH remediation efforts. ASSESSMENT COMPLIANCE CLUSTER COMPLIANCE POINT DETAILS OF NON COMPLIANCE IMPROVEMENT PRIORITIES REMEDIATION EFFORTS MONTHS Assessment November 2017 Nov-17 Freedom of Association Interference and The factory terminated 8 union Reinstate terminated union The factory paid the full 15 and Collective Bargaining Discrimination leaders for absence during a leaders. payment of the notice sectorial strike. period to terminated union leaders as agreed with the union federation to close teh case. Nov-17 Contract and Human Dialogue, Discipline and Incidents of verbal abuse from Train supervisors and The factory trained 15 Resources Disputes supervisors reported by workers managers on the anti- managers and supervisors and observed during the harassment and abuse policy. on the anti-harassment and assessment visit. abuse policy. Nov-17 Occupational Safety and Chemicals and Hazardous Unlabeled chemicals in use on the Elaborate a chemicals The factory hired two 40 Health Substances floor. management policy. Assign additional compliance staff in charge of monitoring officers. The compliance compliance with labeling team conducts daily checks requirements. Conduct regular on the floors. checks. The factory hired two additional compliance officer. The compliance team conducts daily checks on the floors. [page 81] 80 Nov-17 Occupational Safety and Chemicals and Hazardous Inadequate storage of chemicals Elaborate a chemicals The factory hired two 15 Health Substances and hazardous substances. management policy. Assign additional compliance staff in charge of monitoring officer. The compliance the chemicals storage. team conducts daily checks on the floors. Nov-17 Occupational Safety and Chemicals and Hazardous Chemical safety data sheets were Elaborate a chemicals The factory hired two 26 Health Substances missing for some chemicals and management policy. Assign additional compliance hazardous substances in the staff in charge of monitoring officers. The compliance workplace. compliance with MSDS team conducts daily checks requirements. Post the missing on the floors. MSDS. Conduct regular checks. Nov-17 Occupational Safety and Chemicals and Hazardous No washing facilities or cleansing Elaborate a chemicals The factory hired two 46 Health Substances materials in the event of chemical management policy. Assign additional compliance exposure in some areas where staff in charge of monitoring officer. The compliance chemicals are used. compliance with labeling team conducts daily checks requirements. Install the on the floors. missing eye wash stations. Conduct regular checks. Nov-17 Occupational Safety and Worker Protection 30 percent of the single needle Improve the machine Missing machine guards 15 Health machines in one building did not maintenance procedures. were installed. The factory have finger guards. Assign staff in charge of hired two additional monitoring availability of compliance officers. The machine guards. Install the compliance team conducts missing machine guards. daily checks on the floors to Conduct regular checks. monitor the availability of machine guards. Nov-17 Occupational Safety and Worker Protection 7 electrical boxes in the workplace Ensure that all electrical The factory marked all 15 Health did not have any safety warning installations are properly electrical installations. The signs. marked. factory hired two additional compliance officers. The compliance team conducts daily checks on the floors to monitor the availability of warning signs. Nov-17 Occupational Safety and Welfare Facilities Insufficient number of toilets. Increase the number of toilets. The factory has a 46 Health Maintain the existing ones. maintenance plan for the existing toilets. Nov-17 Occupational Safety and Welfare Facilities During the factory tour, EAs Ensure that soap is available in The factory provided soap. 46 Health observed that no soap was toilets during working hours. The compliance team provided in the factory toilets. conducts daily checks on the floors to monitor the availability of soap during working hours. [page 82] 81 Nov-17 Occupational Safety and Welfare Facilities Insufficient eating area. Increase the number of seats in The factory built a new 34 Health the eating areas. eating area to accommodate all workers. Nov-17 Occupational Safety and Health Services and First The factory did not provide health Provide health checks to The factory provided the 15 Health Aid checks to workers who have been workers who have been first health checks to exposed to work-related hazards. exposed to work-related workers who have been hazards. exposed to work-related hazards. A second health check will be offered bu the end of the year. Nov-17 Occupational Safety and Health Services and First The factory did not provide Provide annual health checks The factory hired two 15 Health Aid annual medical checks for to all workers. additional doctors to workers. provide annual health checks to all workers. Nov-17 Occupational Safety and Health Services and First Insufficient medical staff. Hire additional medical staff as The factory hired two 46 Health Aid required by law. additional doctors to provide annual health checks to all workers. Nov-17 Occupational Safety and Health Services and First First aid boxes not properly Ensure that first aid boxes are The nurses refilled all first 15 Health Aid maintained. properly supplied and easily aid boxes as required. The accessible during working compliance officers monitor hours. the availability of first aid supplies on a daily basis. Nov-17 Occupational Safety and Emergency Preparedness Fire alarm systems in one building Install fire alarm in module 4. The factory installed a fire 15 Health was not operational. alarm in module 4. Nov-17 Occupational Safety and Emergency Preparedness Firefighting equipment not Ensure that all fire The factory hired two 40 Health properly maintained. extinguishers are properly additional compliance maintained and easily officer. The compliance accessible. team conducts daily checks on the floors to verify the fire extinguishers. Nov-17 Occupational Safety and Emergency Preparedness inadequate marking or posting of Ensure that evacuation plans Evacuation plans was 15 Health emergency exits and/or escape are updated, available and updated and displayed in routes in the workplace. displayed in all buildings. module 4. Nov-17 Occupational Safety and Emergency Preparedness One building only had one Add another exit door for The factory added another 15 Health emergency exit for the entire Module 4 exit for module 4 building. [page 83] 82 Nov-17 Occupational Safety and Emergency Preparedness Some emergency exits were not Ensure that all exits are easily The factory added another 15 Health easily accessible, unobstructed, accessible during working exit for module 4 and/or unlocked during working hours. hours, including overtime. Nov-17 Occupational Safety and Emergency Preparedness Fire drills were not conducted Conduct fire drill in all buildings Fire drills have been 15 Health every 6 months in all buildings. every 6 months. conducted on all buildings in April and May 2018. A second round of drills will be conducted before the end of the year. Nov-17 Working Time Regular Hours Working time records reliability Ensure that reasons for manual The factory has changed 15 was not confirmed. input of hours are properly the energy backup system recorded. to prevent further disruption. Additionally, HR staff will mark with a dedicated note on the system for all instances of manual input of work hours. The manual input procedures are used only in the event of workers not marking the hours themselves when the have lost of forgot the punching badge. Monthly audits of HR systems will be conducted to ensure that the procedures are followed through. Assessment December 2016 Dec-16 Freedom of Association Collective Bargaining The CBA is not fully implemented. Communicate the CBA to all The current CBA expired. and Collective Bargaining management staff. Ensure that The factory is renegotiating lunch is provided after 5 hours the CBA. of work on Sundays. Dec-16 Compensation Paid Leave Nursing women were not properly Review the breastfeeding All women entitled to the compensated for the policy. Ensure that all eligible benefit have actually breastfeeding break. women take advantage ofthe benefited from the policy. A one hour breastfeeding break change in the rules now as required by law. allows them to take 1 hour of paid breastfeeding time. Dec-16 Compensation Social Security and Other Inaccurate and late ONA Review ONA payment The ONA payment was Benefits payment. procedures to ensure that the revised to ensure that the payments are accurate. amount paid by the employer is equivalent to the amount collected from workers [page 84] 83 Dec-16 Compensation Social Security and Other Late submittal of workers Review ONA payment ONA payments are done Benefits contribution to ONA. procedures to ensure that the on time, the total amount payments are accurate. collected from workers matched the total amount paid by the employers. The total amount is transferred to ONA. Dec-16 Compensation Social Security and Other The employer did not pay for work: Review the OFATMA payment OFATMA accident Benefits related accident insurance forthe procedures to ensure that the insurance has been paid for 2016-2017 fiscal year. payments are done on time. the year 2016/2017. Dec-16 Compensation Social Security and Other The employer is not affiliated with Register with OFATMA for The factory is registered Benefits OFATMA for maternity and health maternity and health insurance with OFATMA as of insurance services (workers' services. September 2017 and the contributions). invoice fully paid. The factory communicated the information to workers. Dec-16 Compensation Social Security and Other The employer does not collect Register with OFATMA for The factory is registered Benefits and forward workers contribution maternity and health insurance with OFATMA as of OFATMA maternity and health services and collect and September 2017 and the insurance (workers' contribution). forward workers contribution invoice fully paid. The OFATMA maternity and health factory communicated the insurance. information to workers. Dec-16 Occupational Safety and Chemicals and Hazardous Two gallons of unlabeled Review the chemicals handling All chemicals containers Health Substances chemicals were observed in the procedures. Communicate new used in spot cleaning areas mechanic shop at Module 1. procedures to all staff using have been properly chemicals and monitor its identified. implementation. All personnel handling chemicals have been instructed to only use properly identified and assigned containers for the use of chernicals. Daily checks are conducted to ensure that all procedures are in place and enforced. Dec-16 Occupational Safety and Chemicals and Hazardous No MSDS available for all Review the chemicals handling The MSDS were translated Health Substances chemicals used in the workplace. procedures. Communicate new in creole to facilitate better procedures to all staff using understanding of the chemicals and regularly products in use and monitor the availability of improve workers’ behavior MSDS. in handling chemicals. The original English version has also been posted. [page 85] 84 Dec-16 Occupational Safety and Working Environment The temperature level in the Reduce the temperature in the Health Building 3 sewing section sewing area. exceeded the BW recommended limit of 30 C. Dec-16 Occupational Safety and Working Environment The noise levels throughout Reduce the level of noise in the Health Building 3 exceeded the BW workplace. recommended maximum of 90 dB. Dec-16 Occupational Safety and Welfare Facilities Insufficient number of toilets. Repair or replace the existing New personnel has been Health toilets. hired to repair and maintain all toilets in the facility. The equipment is continuously maintained to improve usability and availability. Dec-16 Occupational Safety and Welfare Facilities No soap was provided in the Monitor the availability of soap Additional soap dispensers Health workers toilets. on a regular basis. have been installed. Daily checks are conducted to ensure that dispensers are filled with soap at regular interval throughout the day. Dec-16 Occupational Safety and Welfare Facilities The number of seats in the eating Expand the eating area to A new cafeteria is under Health area is inadequate. accommodate all workers. construction. The new facility is expected to provide seating capacity to accommodate all workers. Dec-16 Occupational Safety and Health Services and First The factory only has 2 nurses and To comply with the Haitian The factory participated in Health Aid 3 doctor's visits each week. Labor Code, a factory of this the factory clinic size must have a permanent improvement program. The on site medical service, with at factory won the "Best least 13 nurses and 3 doctor's Improvement award" for visits per week. successful completion of their improvement plan. Dec-16 Occupational Safety and Emergency Preparedness Fire extinguishers were blocked by Communicate the compliance The monitoring of fire Health cardboard boxes in the fabric requirements for fire fighting equipment has warehouse of Module 1 and extinguishers to all the staff been reinforced. mezzanine area 2. working in the mezzanine area. The OSH committee is taking a more active role in helping keep all necessary equipment free of obstacle. Daily checks are conducted to ensure that the procedures are enforced. [page 86] 85 Dec-16 Working Time Overtime The employer does not have an Obtain an authorization from A correspondence has been authorization from the Ministry of the Ministry of Labor for sent to the MAST to Labor for working on Sundays. working on Sundays. request authorization for Sunday Work. However a new regulation eliminated this requirement. Dec-16 Working Time Overtime The employer does not have an Request an authorization from A correspondence has been authorization from the Ministry of the Ministry of Labor for sent to the MAST to Labor for working overtime. overtime work. request authorization for overtime work. However a new regulation eliminated this requirement. [page 87] 86 BETTER WORK HAITI - 17TH SYNTHESIS REPORT . Factory: Haiti Premier Apparel Location: Port-au-Prince Number of workers: 1427 Date of BW registration: Aug-10 Date of last two Better Nov-16 Oct-17 Work assessments: Advisory and Training Services 07-Sep-18 Advisory service on social 07-Sep-18 PICC meeting: The discussion was on the annual leave payment that is paid in September. 29-Jun-18 Industry Seminar on Chemical Management System 27-Jun-18 Advisory service on the Factory's improvement plan and on the communication protocol in case of industrial dispute with the Human Resource Manager. 27-Jun-18 PICC meeting : Introduction of the new HR manager and discussion was on the hight rate of absenteeism and on the decrease of the workers'productivity. 17-Apr-18 Advisory service on the Factory's Improvement plan and on the progress report. 17-Apr-18 PICC meeting: The discussion was on the consequences of the change of name or change of customers on the workers'contracts. 06-Apr-18 Industry Seminar on Compliance Assessment Tool ASSESSMENT COMPLIANCE CLUSTER COMPLIANCE POINT DETAILS OF NON COMPLIANCE IMPROVEMENT PRIORITIES REMEDIATION EFFORTS MONTHS Assessment April 2017 Oct-17 Compensation Paid Leave Legally mandated holidays Ensure the payments for 22 payment is based on the legally mandate holidays are minimum wage of reference. paid correctly. Oct-17 Compensation Paid Leave The payment for weekly rest days Pay weekly rest day accurately 22 is based on the minimum wage of reference. Oct-17 Occupational Safety and Social Security and Other ONA contributions made were Pay ONA' deductions 22 Health Benefits less than 6 percent of the workers’ accurately and on time base salaries Oct-17 Occupational Safety and Social Security and Other ONA contributions made were Pay ONA' deductions 22 Health Benefits less than 6 percent of the workers’ accurately and on time base salaries. Oct-17 Occupational Safety and Social Security and Other The amount paid to OFATMA for Ensure that the payment to 22 Health Benefits work-related accident insurance is OFATMA for work-related less than 3 percent of the workers’ accident insurance is accurate. base salary. [page 88] 87 Oct-17 Occupational Safety and Social Security and Other The factory has not yet registered Register with OFATMA for 22 Health Benefits with OFATMA for maternity and maternity and health health insurance. insurance Oct-17 Occupational Safety and Social Security and Other The factory has not yet registered Register with OFATMA for 22 Health Benefits with OFATMA for maternity and maternity and health health insurance. insurance Oct-17 Occupational Safety and OSH Management Systems The OSH policy does not include Ensure to have an adequate Lil Health establishing measurable written OSH policy objectives and improvement targets and is not developed through consultation with workers and their representatives Oct-17 Occupational Safety and Chemicals and Hazardous In the spot cleaning area, the Label all the chemicals and The new compliance 22 Health Substances chemicals and hazardous hazardous substances in local officer is in charge to substances labeling in not in local language. translate the label in the language. local language and to ensure that all containers used in the workplace are properly labelled. Oct-17 Occupational Safety and Chemicals and Hazardous MSDS were missing for several Provide MSDS' for all chemical MSDS are available for all 22 Health Substances chemicals in the spot cleaning substances used in the chemical substances used area and in the chemical workplace in local language. in the workplace.The new warehouse. Some MSDS' were not compliance officer is in available in local language. charge to translate MSDS in the local language. Oct-17 Occupational Safety and Worker Protection The factory has not provided Ensure to give appropriate The factory provided new 11 Health goggles and impervious aprons for protective equipment to masks to workers working the chemical warehouse workers workers. in the chemical and the face masks provided were warehouse. in poor condition. Oct-17 Occupational Safety and Worker Protection Workers in the embroidery area Provide earplugs to workers in Lil Health were not using the provided the embroidery area earplugs to protect themselves from the high level of noise in the section. Oct-17 Occupational Safety and Worker Protection Shock absorbing mats were not Provide absorbing mats or The factory has started to 22 Health provided to most workers in the foot rest to standing workers provide ergonomic mats inspection areas of the different to standing workers modules Oct-17 Occupational Safety and Worker Protection 70% of the sewing machines did Ensure that all machines have The maintenance teamis 22 Health not have belt and eye guards and their appropriate guards accountable to replace the another machine located in the eye guards and the belt cutting area did not have a pulley guard. guard [page 89] 88 Oct-17 Occupational Safety and Working Environment Temperature levels as follows Ensure that temperature is 22 Health exceeded 30 C under 30 C Oct-17 Occupational Safety and Working Environment Insufficient light levels Ensure the workplace is 22 Health adequately lit Oct-17 Occupational Safety and Welfare Facilities Insufficient toilets Comply with legal 22 Health requirements regarding the number of the toilets Oct-17 Occupational Safety and Health Services and First No regular health checks provided Arrange at least two medical 22 Health Aid to workers exposed to work- checks for workers exposed to related hazards. work-related hazards Oct-17 Occupational Safety and Health Services and First Annual medical checks have not Arrange an annual medical 22 Health Aid been conducted for all eligible check for every worker. workers according to national law. Oct-17 Occupational Safety and Health Services and First Insufficient medical staff. Comply the legal 22 Health Aid requirements regarding medical staff Oct-17 Occupational Safety and Health Services and First Less than 10% of the workforce Train 10% of the workforce in 22 Health Aid have been trained in first-aid. first aid Oct-17 Occupational Safety and Emergency Preparedness No fire detection system in the Ensure the workplace has The factory installed an a 22 Health back warehouse adequate firefighting smoke detector in the equipment. Install fire warehouse. detection system in the back warehouse Oct-17 Occupational Safety and Emergency Preparedness The power outlet in the spot Safeguard any source of ul Health cleaning was not safeguarded. ignition. Cover the power outlets Oct-17 Working Time Overtime No valid authorization from the Ensure to obtain a valid 22 Department of Labour before authorization from the working overtime. Department of Labour before working overtime Assessment April 2016 Nov-16 Compensation Paid Leave Sick leave payments are based on Calculate sick leave based on The factory paid sick leave the minimum wage average earnings. based on average earnings as stipulated by the law. Nov-16 Compensation Paid Leave The maternity leave payments are Calculate maternity leaves Maternity is calculated on based on the minimum wage based on average earnings. average earnings as stipulated by the law. Nov-16 Compensation Social Security and Other ONA contributions are less than 6 Ensure that ONA payments Benefits percent of workers’ base salaries. are on time and accurate. Late payment of ONA. [page 90] 89 Nov-16 Compensation Social Security and Other ONA contributions are less than 6 Ensure that ONA payments Benefits percent of workers’ base salaries are on time and accurate. Nov-16 Compensation Social Security and Other The amount paid by the employer Ensure that the payment to Benefits to OFATMA is less than 3 percent OFATMA for work-related of the workers’ base salary. accident insurance is accurate. Nov-16 Compensation Social Security and Other The factory has not yet registered Register the factory for Benefits with OFATMA for maternity and OFATMA's maternity and health insurance. health insurance services. Nov-16 Compensation Social Security and Other The factory has not yet registered Register the factory for Benefits with OFATMA for maternity and OFATMA's maternity and health insurance. health insurance services. Nov-16 Contract and Human Employment Contracts The factory's internal work rules Ensure that the factory 's The factory ‘s internal work Resources have not been approved by the internal work rules are rules document has been Ministry of Labor (MAST). approved by the Ministry of approved by the Ministry Management showed a copy of Labor (MAST). of Labor (MAST). the request letter sent to MAST, yet approval is pending Nov-16 Contract and Human Dialogue, Discipline and Workers who do not complete 40- Ensure that the factory 's The factory's internal work Resources Disputes 50 percent of daily production internal work rules are rules are approved by targets by midday are laid off for approved by the Ministry of MAST. the rest of the day as a Labor (MAST). disciplinary measure. Nov-16 Occupational Safety and Chemicals and Hazardous Ensure that chemicals are The factory labeled all Health Substances Unlabeled containers of chemicals properly labeled and stored. container in the boiler room, in the mechanic shop and in the spot cleanine Nov-16 Occupational Safety and Chemicals and Hazardous Missing MSDS' Provide chemical safety data The management has Health Substances sheets for all the hazardous posted safety data sheets chemicals used in the in the spot cleaning area. workplace. Nov-16 Occupational Safety and Chemicals and Hazardous No proof of chemical handling Keep records of chemical Health Substances safety training was provided handling safety training during the assessment. sessions. Nov-16 Occupational Safety and Worker Protection Several standing workers in the Comply with ergonomic The management Health inspection areas were not requirements at the provided anti-fatigue provided with anti-fatigue mats or workplace. mats to standing workers foot rests. who needed it. Nov-16 Occupational Safety and Worker Protection More than 50 percent of all Install proper safety guards on The management did an Health machines were missing pulley the machines. Conduct inventory of missing guards. regular maintenance. guards. The order has been done and they are waiting for the delivery to install the missing parts. [page 91] 90 Nov-16 Occupational Safety and Working Environment The temperature exceeded the Ensure that the workplace Health BW recommended limit of 30 C. temperature does not exceed 30 C. Nov-16 Occupational Safety and Working Environment The noise level exceeded the BW Ensure that noise levels are Recent checks done on a Health recommended limit of 90 dB. maintained within the regular basis revealed that recommended limit. the pressing section is under 90 dB. Nov-16 Occupational Safety and Working Environment Several sections around the Adequately light the Health workplace were inadequately lit. workplace. Nov-16 Occupational Safety and Welfare Facilities Insufficient toilets Provide an adequate number The factory has 1] toilets Health of toilets according to the size for men. of the workforce. Nov-16 Occupational Safety and Health Services and First No systematic medical checks Ensure that newly hired The factory recently hired Health Aid were arranged for newly hired workers received à medical a doctor who comes three workers within the first three check within the first three times a week and provide months of employment. months of employment. health checks to workers. Nov-16 Occupational Safety and Health Services and First No systematic medical checks Ensure that workers who have The factory recently hired Health Aid were arranged for workers who been exposed to work-related a doctor who come three have been exposed to work- hazards receive regular times a week and provide related hazards. medical checks. health checks to workers. Nov-16 Occupational Safety and Health Services and First No systematic annual medical Conduct annual medical The factory recently hired Health Aid checks were arranged for workers. : checks for all workers. a doctor who come three times a week and provide health checks to workers. Nov-16 Occupational Safety and Health Services and First The factory has 2 full time nurses To comply with the Haitian The factory has modified Health Aid and 1 doctor's visit per week. labour code, a factory of this his contract with the size must have à permanent doctor. The doctor's on site medical service, with comes three days a week. at least 7 nurses and 3 doctor's visits per week. Nov-16 Occupational Safety and Health Services and First Only 38 workers were trained in To comply with the Haitian Health Aid first-aid. labour code, a factory of this size must have at least 144 workers trained in first-aid. Nov-16 Occupational Safety and Emergency Preparedness No smoke detectors were installed Install smoke detectors where Health in the fabric warehouse on floor 2. needed. [page 92] 91 Nov-16 Occupational Safety and Emergency Preparedness 2 fire extinguishers were found Provide an adequate number All the extinguishers are Health with low pressure. Several of functional and identifiable functional and have been unidentified fire extinguishers fire-fighting equipment. mounted on the walls with identification signs. During the last advisory visit, EAs also noted that the equipment was being checked on a monthly basis. Nov-16 Occupational Safety and Emergency Preparedness Only 38 workers were trained in To comply with the Haitian The factory trained 24 Health fire-fighting procedures. Labor Code, a factory of this workers in fire safety on size must have at least 144 January 2017. workers trained in fire safety. Nov-16 Occupational Safety and Emergency Preparedness Cellular phones were being Install a proper phone Health charged with exposed wires in the charging station. mechanic shop and the stock trim warehouse. Nov-16 Working Time Overtime No authorization from the Obtain a valid authorization Department of Labour before from the Department of working on Sundays. Labour before working on Sundays. Nov-16 Working Time Overtime No authorization from the Obtain a valid authorization Department of Labour before from the Department of working overtime. Labour before working overtime. [page 93] 92 BETTER WORK HAITI - 17TH SYNTHESIS REPORT Factory: HANSAE HAITI S.A es Location: Port-au-Prince Number of workers: 493 Date of registration: Jan-17 Date of last two Apr-18 Apr-17 Better Work Advisory Visits and Training Services. 23-Jul-18 Advsory visit to review the improvement and plan progress update with the Compliance officer. OSH tour. 9-Apr-18 Advisory visit to review the improvement Plan with Compliance officer. Meteing with Union members to discuss industrial relations issues. OSH Tour. 6-Apr-18 Advisory visit to review the assessment reportand the new improvement plan with the HR and quality Insurance manager. PICC Meeting. Meeting with consultant on the Productivity acceleration project. 9-Mar-18 Advisory visit to discuss the grievance mechanisms. Interviews with workers on Grievance mechanism and criteria. 19-Jan-18 Advisory visit to discuss on grievance mechanisms. Factory tour. 19-Oct-17 Meeting with HR manager about break period for pregnant women, advised the factory on how to calculate the notice periode. Factory tour. ASSESSMENT COMPLIANCE CLUSTER COMPLIANCE POINT DETAILS OF NON COMPLIANCE IMPROVEMENT PRIORITIES REMEDIATION EFFORTS MONTHS Assessment April 2018 Apr-18 Compensation Paid Leave The sick leave payment is based on Change our payment system The factory changed their 6 minimum wage. based on the average daily payment system accordingly earnings. based on the average daily earnings Apr-18 Compensation Termination Notice payment is based on minimum Change our payment system The factory changed their 6 wage. The law requires that notice based on the average daily payment system accordingly payment should be calculated based earnings. based on the average daily on average daily earnings. earnings. Apr-18 Occupational Safety and Chemicals and No MSDSs were available in the Training should be provide to On the same day the MSDS 6 Health Hazardous Substances mechanic room of building 21 for Acid _ workers on chemical handling. was posted immediatly, for sulfuric also in the spot cleaning of preventive action, a training on building 50 for FH 2000 chemical handling have been provided to all maintenance and mechanics workers . Apr-18 Occupational Safety and Worker Protection Inadequate electrical maintenance. The company should cover the Management has properly 6 Health electrical panel, and give training covered the panel and provided to workers on electrical safety training to workers and fire safety. [page 94] 93 Apr-18 Occupational Safety and Health Services and First Expired products in first aid box #2 Training should be provide to the Management already provided 6 Health Aid and #4 such as Betadine and triple nurses on medicine storage training on April 30th 2018 to antibiotic ointment. management. the nurse and doctor regarding medicine storage management. Apr-18 Occupational Safety and Emergency The factory has sufficient firefighting Monthly inspection of fire Factory replaced BC type fire 6 Health Preparedness equipment. However, one fire extinguishers. extinguishers to ABC types. The extinguisher near the training area, former had manufacturing also another one near the sewing malfunction which caused them section of building 50 were to lose charge. undercharged. Management took immediate corrective actions during ha sccacemant Assessment January 2017 Jan-17 Compensation Social Security and The factory has not yet sent their Register with OFATMA for The factory started to pay Other Benefits contribution to OFATMA for maternity maternity and health insurance OFATMA in the month of April and health insurance. and ensure OFATMA payment 2017. Also started to collect are made on time workers amount and forward it to OFATMA accordingly. Jan-17 Compensation Social Security and The factory do not collect and forward The factory need to collect and The factory has started to collect Other Benefits worker's contribution to OFATMA for … forward workers contribution to and forward workers contribution maternity and health insurance. OFATMA for maternity and to OFATMA for maternity and health insurance. health insurance. Jan-17 Occupational Safety and Worker Protection Workers are not using PPE Conduct training on the use of Training has been done to Health consistently. PPE in a monthly basis. workers on the use of PPE and - Monitor the usage of the PPE actual inventory is updated in a daily and consistent basis Jan-17 Occupational Safety and Health Services and First The factory has one onsite nurse and Hire additional medical staff. The factory hire an additional Health Aid there are no weekly doctor's visits.To nurse and a Doctor who works comply with the Haitian Labour Code, full time 3 times a week. a factory of this size must have 2 nurses and a doctor visit 3 times per week. Jan-17 Occupational Safety and Health Services and First 10 percent of the workforce are not Ensure that at least 10 percent of First-Aid training was done by Health Aid trained in first aid. workers are trained in first aid. the compliance officers and the nurse, a total of 98 workers have been trained . Jan-17 Working Time Overtime No authorization has yet been Request authorization to work The factory received an obtained from the Ministry of Labor to overtime from MAST. authorization to perform perform overtime. overtime from MAST for the period of April to June 2018. Jan-17 Occupational Safety and Emergency less than 10 percent of the workforce Update the training plan and During the month of April Health Preparedness are not trained in fire fighting ensure that at least 10 percent of Compliance officers trained 98 equipment. the workforce receive training in workers concerning firefighting fire fighting equipment. equipment and the use of fire extinguishers. [page 95] CORRE | [page 96] 95 BETTER WORK HAITI - 16TH SYNTHESIS REPORT . Factory: Horizon Manufacturing S.A. ” Location: Port-au-Prince Number of workers: 671 Date of BW registration: Aug-10 Date of last two Better Jun-17 Apr-18 Work assessments: Advisory and Training Services 6-Sep-18 Meeting with management, the discusion was the factory financial issue and new production model. Meeting with trade union committee and management on the change of production system and Social Security. 27-Apr-18 Meeting with management on the protocol of communciation on industrial dispute with HR manager and the Compliance officer. Workshop with the OSH committe members on Hazard hunt. Bipartite meeting with management and trade unions on workforce reductions and 6-Apr-18 Compliance Assesment Tool Industry Seminar 24-May-18 Industry seminar Awareness on the theme of disability ASSESSMENT COMPLIANCE CLUSTER COMPLIANCE POINT DETAILS OF NON COMPLIANCE IMPROVEMENT PRIORITIES REMEDIATION EFFORTS MONTHS Assessment April 2018 Apr-18 Compensation Paid Leave Non-working holidays are based on Include overtime wages in the The factory includes 23 average hourly production wage calculation of paid leave. overtime in the calculation which does not include overtime of the average earning. hours. Apr-18 Compensation Paid Leave Sick leave payments are based on include the overtime wages in The factory includes Lil average hourly production wage the calculation of sick leave. overtime in the calculation instead of average daily earnings. of the average earning. Apr-18 Compensation Paid Leave Maternity leave payments are include overtime wages in the The factory includes Lil based on average hourly production calculation of maternity leave. overtime in the calculation wage instead of average daily of the average earning. earnings. Apr-18 Compensation Social Security and Other Late ONA payment Forward employer's 23 Benefits contribution to ONA within the first 10 days of each month for the previous month. Apr-18 Compensation Social Security and Other Late ONA payment Collect and forward workers’ 23 Benefits contribution to ONA within the first 10 days of each month for the previous month. [page 97] 96 Apr-18 Compensation Social Security and Other OFATMA payment for maternity Forward employer's 23 Benefits and Health insurance is late by contribution to OFATMA on several months monthly basis. Apr-18 Compensation Social Security and Other OFATMA payment for maternity Collect and forward 23 Benefits and Health insurance is late by workers'contribution to several months OFATMA on a monthly basis. Apr-18 Occupational Safety and OSH Management Systems The OSH policy has not been Review the OSH policy in L Health developed in consultation with consultation with workers’ workers and their representatives. representatives and also include law requirements pertaining to OSH. Apr-18 Occupational Safety and Chemicals and Hazardous No updated inventory is available Keep the inventory of chemical The factory updated the 23 Health Substances for chemicals and hazardous updated. inventory to include all substances used in the workplace. chemicals used in the factory. Apr-18 Occupational Safety and Chemicals and Hazardous Unidentified containers. Assign accountability to 23 Health Substances maintenance team and train workers in chemical handling procedures. Apr-18 Occupational Safety and Chemicals and Hazardous Chemicals were not stored properly. Keep and store chemical Lil Health Substances substances in an adequate area. Apr-18 Occupational Safety and Chemicals and Hazardous No MSDSs were available in the Ensure that MSDS are available 23 Health Substances chemical room of building 32 where for all the chemicals used in the chemicals such as paints, diesel and factory. Train workers in electrolyte are stored. chemical handling procedures. Apr-18 Occupational Safety and Chemicals and Hazardous The factory did not isolate the use Train workers that are using ul Health Substances of chemicals such as Blow Out in chemicals and hazardous the spot cleaning areas in building substances. 31and 32. Apr-18 Occupational Safety and Chemicals and Hazardous No eye wash station in the laundry Install an eye wash station in Eye wash facilities are 35 Health Substances room where chemicals and the laundry room. accessible to laundry room's hazardous substances are used. workers. Apr-18 Occupational Safety and Worker Protection The factory did not provide Provide earplugs for workers in 23 Health earplugs for workers in the the generator room. generator room of building 31. [page 98] 97 Apr-18 Occupational Safety and Worker Protection Standing workers in the packing Provide foot rests or shock The factory provides the 23 Health area and quality section were not absorbing mats to standing shock absorbing mats to all provided with foot rests or shock workers in the packing area and standing workers. absorbing mats. quality section. Apr-18 Occupational Safety and Worker Protection Electrical installations not properly Ensure the electrical system is 23 Health maintained. properly maintained. Ensure that sources if ignition are properly safeguarded. Apr-18 Occupational Safety and Worker Protection One electrical panel missing safety Post safety warning sign is 23 Health warning signs in the Laundry room posted in the electrical panel in of building 31. the Laundry room of building 31. Apr-18 Occupational Safety and Working Environment The workplace temperatures exceed Ensure that temperature is 23 Health the recommended 30 C in packing, below 30 C. sewing and pressing sections. Apr-18 Occupational Safety and Working Environment The level of lighting in the Ensure that the workplace is 23 Health workplace were unacceptable in adequately lit. sewing, quality and Packing sections. Apr-18 Occupational Safety and Welfare Facilities Soap was not available in building Ensure that soap is available in The maintenance team Lil Health 32 and 31. the toilets. receive instruction to regularly check on the availability of the soaps and papers. Apr-18 Occupational Safety and Welfare Facilities The eating area can only Ensure that the eating area can Lil Health accommodate 50 percent of the accommodate all the workers. workers. Apr-18 Occupational Safety and Health Services and First Aid Interviewed workers stated thatthe Provide workers exposed to The factory scheduled more 23 Health factory does not provide health work-related hazard with an than two Health checks for checks to workers exposed to work- health check twice a year. the workers who are related hazards. exposed to work-related hazards.The two workers completed the second medical ckeck ups in August ame Apr-18 Occupational Safety and Health Services and First Aid Insufficient number of onsite Ensure that the medical staff is Since the company has 23 Health medical staff. adequate regarding the reduced its workforce and workforce. operate with less 700 workers. The number of medical staff available in the factory is compliant with the labor Code. [page 99] 98 Apr-18 Occupational Safety and Health Services and First Aid One first aid box was not accessible Ensure that all first aid box are The key keepers are two Lil Health in the pressing section of building accessible during the working people working in the area 31. time. of the first aid. Their pictures are posted above the box, so the workers can identify who they are. Apr-18 Occupational Safety and Health Services and First Aid Less than the 10 percent of the Ensure that 10 percent of the 23 Health workforce were trained in first aid. workforce is trained in first aid. Apr-18 Occupational Safety and Emergency Preparedness One 1 fire extinguisher in the Ensure the workplace has an An external service provider 23 Health packing area of building 31 was adequate firefighting system. is responsible to check the obstructed by à board. Fire Perform regular OSH fire extinguisher on a regular extinguisher was missing in the assessment. basis. Internally, the packing area of building 52. compliance team is responsible to perform on a monthly basis. Apr-18 Occupational Safety and Emergency Preparedness Less than the 10 percent of the Train 10 percent of the Lil Health workforce ere trained in firefighting. workforce in firefighting. Apr-18 Occupational Safety and Emergency Preparedness The current evacuation plans in Update the evacuation plan in Lil Health building 32 have not been updated. building 32 accordingly. Apr-18 Working Time Regular Hours The employer has not posted the Post factory's working hours. The factory has posted the 23 factory's working hours. working hours. Assessment June 2017 Jun-17 Compensation Overtime Wages Inaccurate payment for night shift Pay for night shift work A security company has work. according to the Labor Code. been hired to only cover the night shift. Jun-17 Compensation Paid Leave Inaccurate payment for non- Pay for non-working holidays The factory is accurately working holidays. according to the Labor Code. paying for non-working holidays based on the workers’ average earnings. Jun-17 Compensation Paid Leave Inaccurate payments for weekly rest Pay for weekly rest days Since June 2017, the factory days. according to the Labor Code. is accurately paying for weekly rest days based on the workers’ average earnings. Jun-17 Compensation Social Security and Other Late and inaccurately calculated Comply with the law regarding The factory now calculates Benefits ONA payments. ONA contributions. ONA contributions based on the basic salary as stipulated by the law. [page 100] 99 Jun-17 Compensation Social Security and Other Late and inaccurately calculated Comply with the law regarding The factory now calculates Benefits ONA payments. The workers’ ONA contributions. ONA contributions based contribution is higher than what is on the basic salary as legally required. stipulated by the law. Jun-17 Compensation Social Security and Other OFATMA contributions are Register the workers of Building All the workers of Building Benefits inaccurate and no contributions are 32 for OFATMA's maternity and 32 have been registered for paid on behalf of the workers in health insurance services. OFATMA'Ss maternity and Building 32. health insurance. The factory has also started to pay monthly contributions to OFATMA for this service. However, the deductions are still based on the workers’ total earnings instead of their base salary. Jun-17 Compensation Social Security and Other OFATMA contributions are Collect and forward The workers from Building Benefits inaccurate and no contributions are contributions from the workers’ 32 have been registered for collected and forwarded on behalf of Building 32 for OFATMA'Ss OFATMA's maternity and of the workers in Building 32. maternity and health insurance health insurance services. services. Ensure that these However, the deductions monthly deductions fromthe arestill based on the workers’ salaries are accurate. workers’ total earnings instead of their base salary. Jun-17 Contract and Human Termination No notifications sent to MAST Notify the Ministry of Labor Management attended the Resources before initiating temporary prior to initiating temporary labor law training provided suspensions. suspensions. by Better Work and reviewed the procedures related to communication and coordination between the Human Resources and the Production departments regarding workforce capacity adjustments. Jun-17 Occupational Safety and OSH Management Systems Records for work-related accidents Send monthly work-related The factory is sending work- Health are not sent to OFATMA on a accidents and diseases records related accidents and monthly basis. to OFATMA. diseases reports on a monthly basis. Jun-17 Occupational Safety and Chemicals and Hazardous No updated inventory of chemicals Keep an inventory of chemicals The factory keeps an Health Substances and hazardous substances and hazardous substances inventory of all chemicals. maintained in the workplace. used in the workplace. Jun-17 Occupational Safety and Chemicals and Hazardous During the factory tour, EAs Label all chemical containers The factory labeled all the Health Substances observed 2 unlabeled chemical used in the workplace. chemical containers in the containers in the chemical room of chemical room. Building 32. [page 101] 100 Jun-17 Occupational Safety and Chemicals and Hazardous No MSDS' were found for thinner Post MSDS' for all chemicals During the assessment, the Health Substances and blow out in the spot cleaning used and stored in the factory took immediate and chemical storage areas of workplace. corrective action and Buildings 32. posted the corresponding MSDS'in the noted areas. Jun-17 Occupational Safety and Chemicals and Hazardous Documented evidence of chemical Document and record safety The factory has started to Health Substances safety training for workers were training provided to workers. document training unavailable. conducted for workers and shared the last training records with the BW advisor. Jun-17 Occupational Safety and Chemicals and Hazardous No eye washing facilities were Provide eye washing facilities The factory installed one Health Substances available for workers in the spot where needed. eye washing station in cleaning area of Building 32. Eye Building 32. They have also washing solution was missing in the ordered another washing chemical room of Building 31. station for the chemical room in Building 31. Jun-17 Occupational Safety and Worker Protection Inappropriate masks were provided Provide appropriate personal The factory provided Health to workers using chemicals in the protective equipment to appropriate masks for spot cleaning area of Building 32. workers who are using workers in the spot cleaning chemicals. area. Jun-17 Occupational Safety and Worker Protection Shock absorbing mats were not Provide shock absorbing mats The factory provided shock Health provided to several standing or foot rests to standing absorbing mats to all workers in the packing and workers in the noted sections of standing workers inspection sections of Building 32. Building 32. Jun-17 Occupational Safety and Worker Protection More than 30 percent of all Install all the necessary safety Pulley guards have been Health machines in Building 32 were guards on the machines. installed on all machines in missing pulley guards. Also, 15 both buildings. Eye guards percent of the single needle have been installed on 95% machines were missing finger of the concerned machines. guards. The issue with the missing finger guards is still pending. Jun-17 Occupational Safety and Worker Protection Several electrical wires were dusty Safeguard all potential sources The factory cleared access Health or uncovered. Also, access to 1 of ignition. Properly maintain all to all electrical boxes in the electrical box was obstructed by types of the electrical factory. piles of cartons near the mechanic equipment. shop in Building 32. Jun-17 Occupational Safety and Working Environment The temperature was over 30 Cin Ensure that workplace Health the sewing, packing, quality and temperatures are maintained pressing sections. under the Better Work recommended limit of 30 C. Jun-17 Occupational Safety and Working Environment Inadequate lighting noted in the Ensure that light levels are Health packing, cutting, sewing, quality and adequate in the noted sections. pressing sections. [page 102] 101 Jun-17 Occupational Safety and Working Environment The compressor room in Building Ensure that the compressor The factory has assigned a Health 32 is not clean and tidy. room is clean and tidy at all person in charge of regularly times. monitoring the cleanliness of the compressor room. Jun-17 Occupational Safety and Welfare Facilities The factory does not have the Provide the required number of The factory now provides Health required number of toilets for toilets for workers according to an adequate number of workers. the Haitian Labor Code. functioning toilets for workers in accordance with the law. Jun-17 Occupational Safety and Health Services and First Aid No medical checks arranged for Arrange medical checks for The factory has assigned Health newly hired workers within the first newly hired workers within the the onsite doctor to three months of employment. first three months of conduct health checks for employment. newly hired workers within their first three months of employment. Jun-17 Occupational Safety and Health Services and First Aid No periodic medical checks were Arrange, at least, two medical The factory has assigned Health arranged for workers who have checks for workers who have the onsite doctor to been exposed to work-related been exposed to work-related conduct health checks for hazards. hazards. workers who have been exposed to work-related hazards. Jun-17 Occupational Safety and Health Services and First Aid Only 35 percent of the workers Arrange at least one annual The factory has scheduled Health received annual medical checks. health check per year for all to complete annual health workers. checks for the remaining workers through OFATMA by the end of this year. Jun-17 Occupational Safety and Health Services and First Aid Insufficient number of onsite Have a permanent onsite The factory signed a new Health medical staff. medical service, with at least 3 contract with a doctor who nurses and 3 doctor's visits per will be available onsite for 6 week. days a week; the doctor's weekly hours will be equally divided between the two factory units. Jun-17 Occupational Safety and Health Services and First Aid Insufficient number of worker Train a sufficient number of The factory provided first Health trained in first-aid. workers on first aid. aid training to 40 additional workers this year. Along with the workers who have been previously trained, the factory is now in compliance with this requirement. Jun-17 Occupational Safety and Emergency Preparedness 3 obstructed and one overcharged Ensure that access to fire Daily internal checks are Health fire extinguishers. extinguishers remain performed to ensure that unobstructed. Regularly check the fire fighting equipment that the fire fighting equipment are easily accessible and are always functional. functional at all times. [page 103] 102 Jun-17 Occupational Safety and Emergency Preparedness Only one fire drill conducted per Perform at least 2 fire drills per The factory conducted two Health year. year as per Better Work's drills in 2017, one was in recommendation. February and another in August 2017. Jun-17 Working Time Regular Hours Pregnant women are not aware of Develop a policy and inform The factory had an their right to take two additional pregnant workers about their awareness meeting with all breaks of half hour each. right to take two additional the pregnant women breaks per day. employed at the factory. Informational notices have also been posted #hranishant th flnnr [page 104] 103 BETTER WORK HAITI - 17TH SYNTHESIS REPORT : Factory: Interamerican Woven SA. Location: Port-Au-Prince Number of workers: 1203 Date of BW registration: Oct-09 Date of last two Better Oct-16 Aug-17 Work assessments: Advisory and Training Services 28-Jun-18 Advisory visit on the Improvement plan with the Compliance officer and the Human resource officer. Review of the document submitted related to OSH management system and Human Resources. A factory tour was performed to validate the factory's progress. 19-Apr-18 PICC meeting on PICC guidelines and its differences with the a trade union committee 18-Apr-18 Advisory visit on Management system with complaince officer. Improvement plan update and review of document submitted. Factory tour with OSH committee committee members to validate the OSH remediations. ASSESSMENT COMPLIANCE CLUSTER COMPLIANCE POINT DETAILS OF NON COMPLIANCE IMPROVEMENT PRIORITIES REMEDIATION EFFORTS MONTHS Assessment August 2017 Aug-17 Compensation Overtime Wages Attendance records do not reflect Ensure that attendance records The factory compensated 17 the actual hours worked for workers reflects exactly the working time workers for overtime in the sewing line. for all workers. accurately. Aug-17 Compensation Wage Information, Use and Inaccurate Payroll records. Time Record overtime hour worked, The factory technician has 17 Deduction records were inconsistent with the and keep only one accurate finalized the system changes payrolls for overtime hours. payroll. to reflect the accurate overtime which be reflected on the May payroll payment. Aug-17 Compensation Paid Leave Payments for sick leaves are based Ensure that payments for sick Sick leave are based on the 17 on the minimum wage instead of leave are based on workers” workers average earnings. average earnings. average earnings. AUg-17 Compensation Paid Leave Payments for maternity leaves are Ensure that payments for Maternity leave are based on 17 based on the minimum wage maternity leaves are based on the workers average earnings. instead of average earnings. workers average earnings. Aug-17 Compensation Social Security and Other Employer contributions to ONA are Ensure that ONA payments are 50 Benefits based on a fixed salary for all based on the base salary instead workers of a fixed salary for all workers. Aug-17 Compensation Social Security and Other Collecting and forwarding workers Ensure that ONA payments are 50 Benefits contributions for social insurance based on the basic salary for all funds to ONA. workers. [page 105] 104 Aug-17 Compensation Social Security and Other Employer contribution to OFATMA Ensure that employers' 50 Benefits for work-related accident insurance. contributions to OFATMA for work-related accident insurance is based on workers’ basic salary. Aug-17 Compensation Social Security and Other Workers' contributions to OFATMA Collect and forward workers’ The factory is in the process 50 Benefits for maternity and health insurance. contributions to OFATMA for of registering workers to maternity and health insurance. OFATMA for maternity and health insurance. Aug-17 Compensation Social Security and Other Employer contribution to OFATMA Pay the employer contribution to The factory is in the process 50 Benefits for maternity and health insurance. OFATMA for maternity and of registering workers to health insurance services OFATMA for maternity and health insurance. Aug-17 Occupational Safety and Chemicals and Hazardous Inventory of chemicals and Keep an inventory of chemicals The factory keeps an 13 Health Substances hazardous substances used in the and hazardous substances used inventory of chemicals used workplace is not up to date. in the workplace. in the workplace. Aug-17 Occupational Safety and Chemicals and Hazardous Unlabeled containers Ensure that all containers are The factory bought new 32 Health Substances labeled containers and labeled them before giving them to workers. Aug-17 Occupational Safety and Chemicals and Hazardous Chemicals and hazardous Store chemicals and hazardous All chemicals have been 13 Health Substances substances not properly stored. substances in the designated rearranged and labeled and chemical warehouse. stored in the chemical room. Aug-17 Occupational Safety and Chemicals and Hazardous MSDS Not available for all Ensure that the MSDS for all MSDS are available for all 32 Health Substances chemicals. hazardous chemicals used in the chemicals used in the workplace are available. Translate workplace. the MSDS in local language as needed. Aug-17 Occupational Safety and Chemicals and Hazardous No actions taken to limit workers Measure workers’ exposure to The nurses and doctors on 32 Health Substances exposure to hazardous substances. hazardous substances. site trained workers exposed on the use of chemicals and hazardous substances. Aug-17 Occupational Safety and Chemicals and Hazardous Washing facilities or cleansing Provide adequate washing Eye wash station were 32 Health Substances materials are not available in the facilities and cleansing materials installed in adequate location event of chemical exposure. in the event of exposure to near spot cleaning area. hazardous chemicals. [page 106] 105 Aug-7 Occupational Safety and Worker Protection No training on the safe use of Train and encourage workers to The factory trained the 13 Health boilers were provided to the use PPE, machines and maintenance team on Boiler assessors at the time of equipment safely. Safety and procedures. assessment. Moreover, the factory has purchased additional PPE to be available in the boiler and generator room in addition to the regular equipment available. Aug-17 Occupational Safety and Worker Protection Guards are not installed on all Install proper guards and The factory completed the 50 Health dangerous parts of machines and maintain them on all dangerous installation of the pulley equipment. parts of machines and guards on 70 percent of the equipment. sewing machines. Equipment for the remaining ones has been purchased and installation completed soon Aug-17 Occupational Safety and Worker Protection Lack of electrical maintenance Ensure that electrical wires, The electrical box in the boiler 35 Health cables, switches, plugs and room of Building 29 was equipment are properly covered. maintained. Aug-17 Occupational Safety and Worker Protection Telectrical box in the boiler room of Identify electrical hazards and The warning sign was posted 13 Health Building 29 was missing a hazard post safety warnings in the on the electrical box in the warning sign. workplace boiler room. Aug-17 Occupational Safety and Working Environment Workplace temperature exceeds BW Improve the temperature levels The factory bought fans to 32 Health recommended limit of 30 C. throughout the workplace. replace those that were damaged. Aug-17 Occupational Safety and Working Environment Workplace lighting does not reach Increase the light level in the The factory replaces defective 13 Health Better work recommended limits in indicated areas. bulbs on a weekly basis to sewing and packing. sections. avoid those types of issues. Aug-17 Occupational Safety and Welfare Facilities Insufficient number of toilets. Ensure that the factory has 13 The factory has repeatedly 86 Health functioning toilets for men and asked SONAPI for this since 43 functioning toilets for women. they are renting the buildings from SONAPI. No waiting lines are seen in front of toilets. Aug-17 Occupational Safety and Welfare Facilities The capacity of the eating area is Ensure that the eating area can The factory arranged a 86 Health not sufficient to accommodate all accommodate all workers. covered area in front of each the workers of their buildings with tables as an eating area. Aug-17 Occupational Safety and Health Services and First Aid Insufficient medical staff. Hire additional medical staff, at The factory counts 3 nurses, 1 32 Health least 7 nurses and 3 doctor's visit permanent doctor and per week. another doctor who comes one day per week but is available on a needs basis on all days. [page 107] 106 Aug-17 Occupational Safety and Health Services and First Aid Access to 1 first aid box in Building Ensure first aid box are accessible First aid boxes in building 10 32 Health 10 was obstructed by boxes at the and remain unobstructed. are accessible time of assessment. Aug-17 Occupational Safety and Emergency Preparedness No smoke detectors were observed Install fire detection and alarm Smoke detector was installed 13 Health in the trim warehouse of Building system. in the warehouse of Building 30. 30. Aug-17 Occupational Safety and Emergency Preparedness Obstructed and missing fire fighting Replace missing fire extinguishers The factory called its supplier 32 Health equipment. and ensure they are not for the maintenance of the obstructed. extinguishers to fix and Identify a person in charge of the replace the missing ones. daily verification. Aug-17 Occupational Safety and Emergency Preparedness Operating procedures not available Ensure that the procedure is Operating Procedures for the 13 Health for boilers. available and train operators on boilers are available and the safe use of boilers. workers have been trained on their safe use. Aug-17 Working Time Regular Hours Attendance records not accurate. Ensure that the attendance The factory reviewed the 17 records reflects the exact working punching system to take into time. account workers who punch after 4 pm Aug-17 Working Time Overtime Excessive overtime. Ensure that workers do not 5 exceed the legal limit of overtime hours. Aug-17 Freedom of Association Interference and Termination or non-renewal of Reinstate the T1 terminated union The factory is not intending 13 and Collective Bargaïining Discrimination workers employment contract due officers. Implement a freedom of to reinstate the workers. to union membership or activities. association policy signed by top 32 workers including 11 union leaders management. Train all relevant were dismissed for participating in staff on freedom of association union activities. Assessment October 2016 Oct-16 Compensation Social Security and Other Employer contribution to OFATMA Register with OFATMA for health The process of subscrubing Benefits for maternity and health insurance. and maternity insurance and pay to OFATMA maternity and employer contribution to Health insurance is on going. OFATMA for maternity and The management is health insurance. collecting workers files. Oct-16 Occupational Safety and Welfare Facilities The factory does not have an Provide eating area for all The factory arranged a Health appropriate eating area. workers covered area in front of each of their buildings with tables as an eating area. Oct-16 Compensation Overtime Wages Overtime hours are not reported in Ensure that payroll records are The factory compensated the payroll records for all workers. accurate and reflect all the actual workers for overtime working hours. Compensate accurately. workers for overtime work. [page 108] 107 Oct-16 Compensation Overtime Wages Night hours are not paid at 100% Ensure that the payroll records Night shift are paid as above the normal wage. are accurate and reflect the real requested by law. working time. Pay workers correctly for night hours after 6:00 PM. Oct-16 Compensation Wage Information, Use and Time records inconsistent with the Ensure that payroll records are Factory compensated the Deduction payroll. accurate and reflect all the actual workers accurately for working hours. Compensate overtime. workers for overtime work. Oct-16 Compensation Paid Leave Payment for sick leave is based on Ensure that the payment for sick Payment for sick leave is the minimum wage instead of the leaves is based on the workers” based on the workers" workers’ average earnings. average earnings as stipulated by average earnings. the labor code. Oct-16 Compensation Paid Leave Payment for maternity leaves is Ensure that the payment for Payment for maternity leave based on the minimum wage maternity leave is based on the is based on the workers” instead of the workers’ average workers’ average earnings as average earnings. earnings. stipulated by the labor code. Oct-16 Compensation Social Security and Other Inaccurate and late payment for Ensure that the workers” The factory decided to Benefits employer's contribution to ONA. contributions are accurately continue to apply their calculated and forwarded to ONA existing calculation principle on time. for ONA payments. Oct-16 Compensation Social Security and Other Inaccurate and late submission of Ensure that the workers’ The factory decided to Benefits workers’ contribution to ONA. contributions are accurately continue to apply their calculated and forwarded to ONA existing calculation principle on time. for ONA payments. Oct-16 Compensation Social Security and Other Inaccurate payment of employer's Ensure that the employer's Benefits contribution for work related contributions for work related- accident insurance. accident insurance are accurately calculated and sent to OFATMA Oct-16 Compensation Social Security and Other The factory is not registered with Complete the registration process The process of subscrubing Benefits OFATMA for maternity and health with OFATMA to ensure to OFATMA maternity and insurance. maternity and health insurance Health insurance is on going. services for all workers. The management is collecting workers ‘files. Oct-16 Occupational Safety and Chemicals and Hazardous Unidentified chemical containers Ensure that all chemical All chemical containers have Health Substances observed in the workplace. containers are identified and been identified and stored stored safely. safely. Oct-16 Occupational Safety and Chemicals and Hazardous MSDS not available for all Ensure that MSDS are available MSDS have been made Health Substances chemicals used in the workplace. Within the chemical room. available within the chemical room. [page 109] 108 Oct-16 Occupational Safety and Chemicals and Hazardous No actions taken to assess, monitor, Maintain records for OSH self- Management identified Health Substances prevent and limit workers’ exposure assessments. Limit access of departments throughout the to chemicals and hazardous workers to chemicals in the plant where workers may be substances. workplace. Train and assign staff vulnerable to excessive to record workers’ exposure to exposure to chemicals. The hazardous chemicals and onsite doctor has been substances. assigned to train workers and record workers’ exposure to hazardous chemicals and substances. New fans have been installed and more will be added to improve ventilation Oct-16 Occupational Safety and Chemicals and Hazardous Several workers in the washing room Provide safety training to workers The factory provides PPE to Health Substances and spot cleaning area were not using chemicals and hazardous all workers as needed and are using the PPE provided. substances and maintain implementing measures to adequate training records. ensure proper use of PPESs. Workers are also being trained on the regular use of PPE. The factory has also purchased extra PPE to be avaiable in the boiler and generator room in addition to the regular equipment availahle Oct-16 Occupational Safety and Chemicals and Hazardous Washing facilities and cleansing Provide washing facilities and Eye wash stations have been Health Substances materials are not available in all cleansing materials near all areas installed in the suggested areas were chemicals are used or where chemicals or hazardous areas. stored. materials are used or stored. Oct-16 Occupational Safety and Worker Protection The quantity of personal protective Provide personal protective Additional PPE have been Health equipment available in the equipment to all workers, as provided in the mechanic mechanic shop was not sufficient needed. Conduct awareness shop. The factory provides for all the workers in this section. training to reinforce safe working PPE to all workers as needed practices. and are implementing measures to ensure proper use of PPEs. Workers are also being trained on the use of nnc Oct-16 Occupational Safety and Worker Protection Several workers were not usingthe Provide training to ensure that Management regularly makes Health protective devices attached to their workers are aware of safe working safety announcements machines or the PPE provided to practices and follow them through the factory's them. accordingly. Maintain records of notification system to remind all training sessions. workers about safety procedures. Several training sessions has been organized. Oct-16 Occupational Safety and Worker Protection Several sewing machines did not Ensure that the system to Meetings have been Health have eye, pulley or belt guards nor monitor the availability of organized with the mechanics finger guards. machine guards is operational and production managers to and effective. Liaise with the strengthen the monitoring head mechanic to ensure that the system. Additional training guards are replaced on time. will also be provided to workers. [page 110] 109 Oct-16 Occupational Safety and Worker Protection Exposed wires were observed in the Establish an effective OSH This exposed wires in the Health compressor room in Building 30. management system. Ensure compressor room have been electrical wires, switches and fixed. plugs are properly installed, grounded, and maintained. Oct-16 Occupational Safety and Working Environment Workplace temperatures exceeded Maintain a maximum New fans have been installed Health the BW recommended limit of 30C. temperature of 30C for all and non-functioning exhaust sections. fans have been repaired. The factory also purchased additional fans to have them Oct-16 Occupational Safety and Welfare Facilities Insufficient number of toilets for Comply with the Haitian labor The factory has repeatedly Health women. code regarding the total number asked SONAPI for this since of toilets. they are renting the buildings from SONAPI. No waiting lines are seen in front of toilets Oct-16 Occupational Safety and Health Services and First Aid No annual medical checks provided Ensure that medical checks are Since February 2017, the Health to workers within the first three provided to workers within the factory has employed an months of hiring. first three months of hiring. additional permanent doctor and a nurse. The newly hired doctor will be in charge of this requirement. Oct-16 Occupational Safety and Health Services and First Aid Workers who are exposed to work- Ensure that workers who are Since February 2017, the Health related hazards have not received exposed to work-related hazards factory has employed an periodic free health checks. receive free periodic health additional permanent doctor checks. and a nurse. The newly hired doctor is in charge of this requirement. Oct-16 Occupational Safety and Health Services and First Aid No annual medical checks were Provide free annual medical Since February 2017, the Health provided to workers. checks for workers. Follow-up factory has employed an with OFATMA to ensure that they additional permanent doctor either provide this service or refer and a nurse. The newly hired the factory to another doctor is in charge of this organization that can provide free requirement. medical checks. Oct-16 Occupational Safety and Health Services and First Aid Insufficient medical staff. Comply with the Haitian labor The factory has increased the Health code regarding the employment number of medical staff. of on site medical staff. Oct-16 Occupational Safety and Emergency Preparedness Several fire extinguishers were Replace dysfunctional alarms. The fire alarm system was Health missing, obstructed or without Test and inspect alarm systems replaced. À smoke alarm identification signs. on monthly basis. system has been ordered installed. Oct-16 Occupational Safety and Emergency Preparedness No regular fire drills. Conduct a minimum of two Minimum of two emergency Health emergency drills per year. drills per year done. [page 111] 110 Oct-16 Working Time Regular Hours Attendance records do not always Ensure that the attendance The factory technician has reflect the actual hours for workers records reflect the exact working finalized the system changes on an incentive scheme in the time to reflect the accurate sewing department. overtime which be reflected on the May payroll payment. Oct-16 Working Time Overtime The factory does not have prior Obtain a valid authorization from Valid authorization obtained. authorization from the Department the Department of Labor before of Labor for working at night. working at night. Oct-16 Working Time Overtime Workers in some sections worked Comply with the Labor Code by Human resource officers beyond 80 hours of overtime during limiting overtime to 80 hours received a training on labor a 3-month period. during a 3-month period. law. Management will ensure that law is applied accordingly. Oct-16 Working Time Overtime The factory does not have prior Obtain valid authorization from Valid authorization obtained. authorization from the Department the Department of Labor before of Labor for working on Sundays. working on Sundays. Oct-16 Working Time Overtime The factory does not have prior Obtain valid authorization from Valid authorization obtained. authorization from the Department the Department of Labor before of Labor for working overtime. working overtime. [page 112] LL BETTER WORK HAITI - 17TH SYNTHESIS REPORT : Factory: LIFE S.A. Location: Port-au-Prince Number of workers: 148 Date of BW registration: Sep-09 Date of last two Better Oct-17 Nov-16 Work assessments: Advisory and Training Services 28-Sep-18 Meeting with the Operation Manager on the factory current economical situation. Review of the termination files and procedures upon mass lay off. Discussion with the 2 remained members of the trade union committee on the factory's current economical situation. factory tour to validate OSH remediations. 27-Jul-18 PICC meeting to discuss on the temporary suspension and security issue in the workplace. 27-Jul-18 Meeting with management on the general updates and Improvement plan. Meeting with PICC members on the workplace communication, security issues and the strike that occurred on June 12. 24-Apr-18 Occupational safety and health training. 24-Apr-18 Meeting with management on the Improvement plan- Review of last assessment report management system question with compliance officer. Factory tour to validate OSH remediation. 6-Apr-18 Industry Seminar on the Compliance Assessment Tool ASSESSMENT COMPLIANCE CLUSTER COMPLIANCE POINT DETAILS OF NON COMPLIANCE IMPROVEMENT PRICRITIES REMEDIATION EFFORTS MONTHS Assessment October 2017 Oct-17 Compensation Social Security and Other Late ONA payment. Holiday pay is Comply with the law on ONA All payments are included 24 Benefits not included in ONA deductions. payments. in the calculation of ONA except overtime as required bv law Oct-17 Compensation Social Security and Other Late ONA payment. Holiday pay is Pay the ONA payment All payments are included 24 Benefits not included in ONA deductions. accordingly. in the calculation of ONA except overtime as required bv law Oct-17 Compensation Social Security and Other No registration to OFATMA for Register to OFATMA for 24 Benefits maternity and health insurance maternity and health insurance Oct-17 Compensation Social Security and Other No registration to OFATMA for Register for OFATMA for 24 Benefits maternity and health insurance maternity and health insurance Oct-17 Occupational Safety and OSH Management The existing policy has not been Have the OSH policy signed The OSH policy is signed by 12 Health Systems signed by top management. by top management. top management. Oct-17 Occupational Safety and Chemicals and Hazardous The inventory of chemicals and Keep an updated inventory of The factory keeps an 24 Health Substances hazardous substances used in the chemicals and hazardous inventory of chemical workplace is not regularly updated substances used in the substances used in the workplace. workplace [page 113] 112 Oct-17 Occupational Safety and Worker Protection Several standing workers were not Provide foot rests or shock The factory equipped all 24 Health provided with foot rests or shock absorbing mats to standing inspection tables with absorbing mats workers. footrests. All standing workers have been trained about their usage. Oct-17 Occupational Safety and Working Environment Temperature exceeds the Ensure that the temperature 24 Health recommended 30C. level, inside the workplace is under 30C. Oct-17 Occupational Safety and Health Services and First The factory does not provide workers Ensure that workers receive The factory hired a doctor 24 Health Aid with proper health checks within the proper health checks within who comes 3 times a week first three months of hiring. the first three months of and 1 Saturday a month to hiring provide health checks to workers Oct-17 Occupational Safety and Health Services and First The factory does not provide workers Ensure that all workers The factory hired a doctor 12 Health Aid with proper annual health checks. received an annual medical who comes 3 times a week check. Document properly all and 1 Saturday a month to the evidences of annual provide health checks to checks provided. workers. Oct-17 Occupational Safety and Health Services and First Insufficient medical staff Ensure to have à permanent The factory has a 24 Health Aïd onsite medical service with at permanent onsite medical least, 1 nurse and 2 doctor's service with 1 nurse and 3 visits per week. doctor's visit Oct-17 Occupational Safety and Health Services and First No systematic medical checks for Ensure to systematic medical The factory hired he a 12 Health Aid exposed to work related hazards. checks for workers exposed to doctor who comes 3 times work related hazards. a week and 1 Saturday a month to provide health checks ta workers Oct-17 Occupational Safety and Emergency Preparedness The current evacuation plan in the Update the evacuation plan in 12 Health fabric warehouse has not been the fabric warehouse updated to indicate the actual escape routes. Nov-16 Compensation Social Security and Other Late ONA payments and incorrect Ensure the timely payment of The employer contributes 6 Benefits calculation the employer's contribution to % of workers’ base salaries ONA. to ONA on a monthly basis. Assessment Nov 2016 Nov-16 Compensation Social Security and Other Late ONA payment and incorrect Ensure that ONA's payment is The employer contributes 6 Benefits calculation on time meaning that % of workers’ base salaries payment of the current to ONA on a monthly basis. month should be paid within the first 10 working days of the following month. [page 114] 113 Nov-16 Compensation Social Security and Other No payment was made for Ensure payment to The factory has an Benefits OFATMA's work-related accident OFATMA's work-related agreement with OFATMA to insurancefor the 2016-2017 fiscal accident insurance accurately. pay the amount in two year times. They finalized their last payment for the fiscal year 2016-2017. Nov-16 Compensation Social Security and Other No registration with OFATMA for Ensure registration with Benefits maternity and health insurance. OFATMA for maternity and health insurance. Nov-16 Compensation Social Security and Other No registration with OFATMA for Ensure to register the workers Benefits maternity and health insurance. for OFATMA's maternity and health insurance. Nov-16 Contract and Human Employment Contracts Internal work rules are still pending Ensure to obtain the MAST The internal work rules was Resources for approval from MAST. approval for the internal work approved in May 2017. rules of the factory. Nov-16 Contract and Human Contracting Procedures A non-production worker did not Ensure payment of overtime The factory is completely Resources received any overtime payments but to workers as soon as they separated from DOTS. They stayed after regular hour to clean for perform overtime. relocated the administrative a sister company named DOTS. office to avoid confusion. The factory is accountable for his own employees. Nov-16 Occupational Safety and OSH Management No document available to proof OSH Ensure to well report any The factory has a log to Health Systems self-assessments. activity related to OSH self- report OSH self assessments assessments on a monthly basis. Nov-16 Occupational Safety and OSH Management No record of work-related accidents Ensure submission of work- Health Systems submitted to OFATMA. related accident so OFATMA on a monthly basis. Nov-16 Occupational Safety and Chemicals and Hazardous Management did not provide an Ensure availability of The factory keeps an Health Substances inventory of chemical substances inventory of chemical inventory of chemical used in the workplace. substances used in the substances used in the workplace. workplace. Nov-16 Occupational Safety and Chemicals and Hazardous No PPE provided for workers in the Provide PPE to workers in the Health Substances mecanic's shop inspection section were chemicals are used. Nov-16 Occupational Safety and Chemicals and Hazardous No MSDS' for thinner and Blow Out Ensure to post MSDS "for The factory does not use Health Substances were posted in the mechanic shop thinner and blow out where thinner anymore. MSDS' of and the inspection station. they are used and in general, Blow out is posted on the to post the MSDS' of any floor near the inspection chemicals where they are station. used and stored. [page 115] T4 Nov-16 Occupational Safety and Chemicals and Hazardous Documented evidence of actions Ensure to have written The factory does not use Health Substances taken by management to control and process to manage chemicals. chemicas| during their oversee workers’ exposure to washing process anymore. chemicals and hazardous substances They only use water and were unavailable during the liquid soap. assessment. Nov-16 Occupational Safety and Chemicals and Hazardous Proof of chemical safety training Ensure to have a written Health Substances conducted for workers were procedure for chemicals unavailable during the assessment. management. Keep records of any training performed. Nov-16 Occupational Safety and Chemicals and Hazardous Inadequate washing facilities and Provide adequate washing The factory does not use Health Substances cleansing materials provided for facilities to workers exposed chemical in his production workers exposed to hazardous to hazardous chemicals. process. Workers in the spot chemicals. cleaning use water and liquid soap. Nov-16 Occupational Safety and Worker Protection No ear plug found in the generator Ensure to provide the required The worker who works in Health room PPE susch as ear plug to the generator room has workers exposed to high level been provided with the of noise. proper protective equipment, a personal ear protection. He also has been trained on the PPE Nov-16 Occupational Safety and Worker Protection PPE training records were unavailable Ensure to keep the records of Health during the assessment visit. any training performed in the factory. Nov-16 Occupational Safety and Worker Protection Workers in the pressing section were Provide anti-fatigue mats or The factory equipped all Health not provided with anti-fatigue mats foot rest to workers in the inspection tables with or foot rests. pressing sections footrests. All standing workers have been trained about their usage. Nov-16 Occupational Safety and Worker Protection More than 61 percent of the single Install finger guards on the The new OSH committee Health needle machines were missing finger single needle machines. Train will perform inspections on guards. workers to not remove such a weekly basis and notify if protection items. a remediation need to be done. New machines have been installed. Nov-16 Occupational Safety and Working Environment Temperatures at the sewing (31 C), Ensure the temperature in all Health quality (31.4 C) and cutting (30.8 C) sections does not exceed 30 sections exceeded the BW C. recommended limit of 30 C. [page 116] | D [page 117] 116 BETTER WORK HAITI - 17TH SYNTHESIS REPORT . Factory: Modas Bus || S.A. Location: Port-au-Prince Number of workers: 900 Date of BW registration : Jan-14 Date of last two Better Work Apr-18 Apr-17 assessments: Advisory and Training Services 30-Aug-18 Advisory visit to review the training plan and introduction to the online training management system. Introduction to the new online progress report. Follow up on union leader termination case. 27-Jul-18 Advisory visit to review the remediation efforts related to the pending improvement issues. PICC Meeting to discuss on the following points : Water quality, Incentives for indirect workers, termination of union leader, availability of payroll preview, supplies for the clinic. 09-May-18 Advisory visit to validate the improvements with compliance and HR managers. Factory tour to verify the status of OSH issues. O02-May-18 Advisory visit to review the improvements with compliance and HR managers. PICC meeting to validate the latest improvements in relation to compensation, OSH, contracts and HR. ASSESSMENT COMPLIANCE CLUSTER COMPLIANCE POINT DETAILS OF NON COMPLIANCE IMPROVEMENT PRIORITIES REMEDIATION EFFORTS MONTHS Assessment April 2018 Apr-18 Compensation Social Security and The payment of the employer's Ensure that ONA is paid every ONA payment were completed in 6 Other Benefits contribution to ONA was late. months within the first 10 days. a timely manner. Apr-18 Compensation Social Security and The employer collects workers" Ensure that ONA is paid every ONA payment were completed in 7 Other Benefits contribution to ONA on a regular months within the first 10 days. a timely manner basis. However, the payment of the workers’ contribution to ONA is not submitted on time. Apr-18 Contract and Human Employment Contracts Workers' contracts did not specify the Revise contracts to ensure that The contracts were revised to 8 Resources hours of work as required by law. working hours are included. specify the hours of work as required by law. Apr-18 Occupational Safety and OSH Management The factory has a written OSH policy Review the OSH policy to include S] Health Systems that has not been developed in reference to compliance with labor consultation with workers and their law requirements pertaining to representatives. OSH. Present the OSH policy to workers’ representatives to gather their feedback and update the OSH policy as required before signature. Apr-18 Occupational Safety and Worker Protection Several sewing machines missing Install the missing machine The factory installed the missing 10 Health safety guards. guards. Ensure regular verification machine guards. The mechanics and maintenance. team is in charge of ensure regular verification and maintenance. The new compliance officer does regular audit. [page 118] 117 Apr-18 Occupational Safety and Emergency No alarm system was installed in Install alarm system were installed The factory installed an alarm Li Health Preparedness building 53 B. in building 53 B system were installed in building 53B. Apr-18 Occupational Safety and Worker Protection Batteries were placed on a wooden OSH training was offered to 12 Health box instead of steel frame in the Electrical Technicians in order to generator room. À damaged drill avoid the risk in Factory. HR power cord was connected directly Manager and Compliance manager inside an electrical panel in the same monitor the workplace on a regular generator room. basis. Apr-18 Occupational Safety and Welfare Facilities The eating area can only Add more seats in the eating area. [eo] 13 Health accommodate 20 percent of the Consider ahveing 2 shifts for lunch workers. break. Apr-18 Occupational Safety and Health Services and First The factory does not provide workers Provide workers health checks The recruitment procedures were 14 Health Aid health checks within the first three within the first three months of reviewed to requesta health months of hiring. hiring. Keep adequate records. certificate as part of the hiring process. Apr-18 Occupational Safety and Health Services and First The factory does not provide health Provide health checks to workers [eo] 15 Health Aid checks to workers exposed to work- exposed to work-related hazards. related hazards. Keep adequate records. Apr-18 Occupational Safety and Chemicals and The chemnicals inventory iwas Review procurement procedures The factory has one updated 16 Health Hazardous Substances incomplete. to ensure that chemicals single inventory of all chemicals management is centralized. used in the workplace is Ensure that one single inventory maintained and updated. The of all chemicals used in the factory has a chemicals workplace is maintained and management procedure. updated. Communicate this new policy to all relevant staff. Apr-18 Occupational Safety and Chemicals and Chemnicals and hazardous substances Review procurement procedures All chemicals found in the 17 Health Hazardous Substances such as Thinner used in the mechanic to ensure that chemicals workplace are labelled. The factory workshop and the fusing area were management is centralized. has a chemicals management not properly labeled. Ensure that all chemicals used in procedure. the workplace are properly labeled. Communicate this new policy to all relevant staff. Apr-18 Occupational Safety and Chemicals and MSDS were missing for some Review procurement procedures MSDS are posted for all chemicals 18 Health Hazardous Substances chemicals and hazardous substances. to ensure that chemicals used in the workplace. The factory management is centralized. has a chemicals management Ensure that MSDS are posted for procedure. all chemicals used in the workplace. Communicate this new policy to all relevant staff. Apr-18 Occupational Safety and Chemicals and Workers were found using chemicals Provide PPE in the fusing section PPE were provided in the fusing 19 Health Hazardous Substances without PPE in the fusing area. where workers were found using section where workers were found chemicals. Consider alternatives using chemicals. to reduce workers’ exposure to chemicals in this area. [page 119] 118 Apr-18 Occupational Safety and Chemicals and There was no eye wash station in the Install eye wash station in the spot Eye wash station was installed in 20 Health Hazardous Substances spot cleaning near the entrance of cleaning near the entrance of floor the spot cleaning near the floor 53 B and the Fusing area. 53 B and the Fusing. entrance of floor 53 B and the Fusing. Apr-18 Occupational Safety and Worker Protection Management did not provide gloves Provide gloves and masks for Earpuffs for workers in the 21 Health and masks for workers in the ironwork workers in the ironwork workshop generator room were provided workshop shop area using Thinner. shop area using Thinner. .Gloves and masks were provided for workers in the ironwork workshop shop area using Thinner. Apr-18 Occupational Safety and Health Services and First Insufficient medical staff. Hire 5 additional nurses as (e] 22 Health Aid required by law. Apr-18 Occupational Safety and Health Services and First Expired product were found in the first Replace the expired products Ps) Health Aid aid boxes. from the first aid boxes. Conduct regular OSH assessment to ensure the availability of proper products. Apr-18 Occupational Safety and Health Services and First Less than the 10 percent of the Provide training in first aid to at For Training of First Aid the 24 Health Aid workforce was trained in first aid. least 10 percent of the workforce. Compliance already proceed of 10 percent of workers trained like 104 persons, we have the Attendance List of all workers received the training. Apr-18 Occupational Safety and Working Environment Temperature levels exceeded the Purchase additional fans. Ensure Additional fans were purchased 25 Health recommended limits. that all exhaust fans are properly and installed on the floor. functioning. Request quotes for the installation of a cooling system and analyze feasibility. Apr-18 Occupational Safety and Working Environment Noise levels exceeded the Reduce the volume of the music The factory replaced some parts of 26 Health recommended limits. in the workplace. Ensure that all the sound system to control the sewing and pressing machines are noise levels. properly maintained to avoid additional noise Apr-18 Occupational Safety and Working Environment Light levels was below the Conduct an inspection to verify if The factory replaced the deficient 27 Health recommended limits. all light are functioning in the or missing bulbs to provide workplace and repair the broken adequate lighting. ones. Ensure that regular maintenance is performed. Apr-18 Occupational Safety and Emergency Some fire extinguishers were not Provide OSH training for workers. The factory conduct regular 28 Health Preparedness easily accessible. Conduct regular inspection to inspection to ensure that fire ensure that fire extinguishers are extinguishers are not misplaced or not misplaced or obstructed. obstructed. Additional OSH training was provided for the OSH committee. Apr-18 Occupational Safety and Emergency Less than the 10 percent of the Provide training in firefighting to 96 New employees were trained in 2) Health Preparedness workforce was trained in firefighting. at least 10 percent of the fire fighting. workforce. Apr-18 Occupational Safety and Emergency The current evacuation plans in one Update the evacuation plan in the The evacuation plan in building 52 30 Health Preparedness building have not been updated to building and post on the floor. was updated and posted on the reflect the recently reorganized floor floor. lavout. [page 120] 119 Apr-18 Occupational Safety and Emergency Assessors observed that evacuation The floor layout should be revised [eo] 31 Health Preparedness routes were obstructed. to ensure that evacuation routes are not obstructed. Apr-18 Occupational Safety and Emergency Flammable material such as fabric Keep all flammable material away 32 Health Preparedness were observed inside 1 electrical panel from possible sources of ignition. in one of the building. Train the workers on OSH requirements. Conduct regular inspection to verify that flammable materials are properly solved Apr-18 Occupational Safety and Welfare Facilities Insufficient number of toilets. Reallocate some men's toilets for The factory requested SONAPI EE Health women. Build additional toilets to authorization to build more toilets. meet legal requirements. Keep the existing toilets properly maintained Apr-18 Occupational Safety and Welfare Facilities The results of the analysis of the Share the results of the water test The factory has a new water 34 Health drinking water revealed the presence with the drinking water supplier supplier and the results of of the of bacteria. and ensure that they take action analysis of the drinking water to provide safe water. Identify confirmed that it was safe. potential new suppliers as possible alternatives. Conduct regular monthly test. Apr-18 Occupational Safety and Health Services and First The factory does not provide workers Provide workers with free annual The factory started to provide 35 Health Aid with free annual health checks. health checks. Keep adequate annual medical checks to workers records. as required. Assessment April 2017 Apr-17 Compensation Paid Leave Payment for weekly rest days. Ensure that the weekly rest day The factory revised its payroll 12 payment is correct. procedure and the weekly rest days payment is now based on the average salary. Apr-17 Compensation Paid Leave Payment for legally mandated Revise payroll procedures to The factory revised its payment 12 holidays. ensure compliance with legal procedures to ensure compliance requirements with legal requirements. Apr-17 Compensation Social Security and Collecting and forwarding workers’ Revise payroll procedures to The factory revised its payroll 12 Other Benefits contributions for social insurance ensure compliance with legal procedures to ensure compliance funds to requirements with legal requirements. ONA payment is now done with base salary. Apr-17 Compensation Social Security and Employer contribution to ONA. Revise payroll procedures to The factory revised its payroll 12 Other Benefits ensure compliance with legal procedures to ensure compliance requirements with legal requirements. ONA payment is now done with base le Apr-17 Compensation Social Security and Employer contribution to OFATMA for Registered with OFATMA for the Management completed the 12 Other Benefits maternity and health insurance. maternity and health insurance. registration process to OFATMA. Collecting and forwarding of workers" contributions to OFATMA. Apr-17 Compensation Social Security and Collecting and forwarding of workers’ Registered with OFATMA for the Management completed the 12 Other Benefits contributions to OFATMA. maternity and health insurance. registration process to OFATMA. [page 121] 120 Apr-17 Contract and Human Dialogue, Discipline and Bullying, harassment or humiliating Provide training to both Haitian The factory conducted training for 20 Resources Disputes treatment of workers. and foreign supervisors on the both Haitian and foreign verbal abuse policy supervisors on the verbal abuse policy. Training was also provided to workers. Apr-17 Occupational Safety and Chemicals and Labeling of chemicals and hazardous Conduct awareness training for all The factory labeled all the 48 Health Hazardous Substances substances. workers handling chemicals. A chemicals containers and provided system should be put in place to training to all workers using avoid recurrence. chemicals. Apr-17 Occupational Safety and Chemicals and Chernical safety data sheets for all Ensure that all required chemical Chemical safety data sheets for all 48 Health Hazardous Substances chemicals and hazardous substances safety data sheets for all chemicals and hazardous in the chemicals and hazardous substances are available in the workplace. substances are available in the workplace. workplace. Apr-17 Occupational Safety and Chemicals and Assessing, monitoring, preventing Assess, monitor, prevent and/or The factory regularly assessing and 12 Health Hazardous Substances and/or limiting workers’ exposure to limit workers’ exposure to monitor workers’ exposure to hazardous substances. hazardous substances. hazardous substances. Apr-17 Occupational Safety and Chemicals and Washing facilities or cleansing Provide adequate washing Washing facilities or cleansing 48 Health Hazardous Substances materials in the event of chemical facilities or cleansing materials in materials in the event of chemical exposure were not available in all the event of chemical exposure. exposure are available. areas where workers use chemicals. Apr-17 Occupational Safety and Emergency Training workers to use the firefighting The factory should trained The factory trained additional 12 Health Preparedness equipment additional workers in fire fighting. workers in fire fighting. Based on the current number of workers, the factory is in compliance with the requirements. Apr-17 Occupational Safety and Emergency Some firefighting equipment were not Ensure that all firefighting The compliance officer regularly 12 Health Preparedness properly maintained equipment are properly verify the firefighting equipment. maintained and inspected. Apr-17 Occupational Safety and Health Services and First Annual medical checks for workers. Increase doctor's visit frequency The factory hired a doctor who 48 Health Aid to 3 visits a week and have conducts the medical checks on a doctors perform medical checks. regular basis. Apr-17 Occupational Safety and Health Services and First No medical checks are provided to Increase doctor's visit frequency The factory hired a doctor who 12 Health Aid workers within the first three months to 3 visits a week and have conducts the medical checks on a of hiring. doctors perform medical checks. regular basis. Apr-17 Occupational Safety and Health Services and First The factory does not provide free Increase doctor's visit frequency The factory hired a doctor who 48 Health Aid health checks to workers who have to 3 visits a week and have conducts the medical checks on a been exposed to work related hazards. doctors perform medical checks. regular basis. Apr-17 Occupational Safety and Health Services and First The factory has only 2 nurses. To Hire 2 additional nurses and The factory hired a doctor who 48 Health Aid comply with the Haitian Labor Code, increase doctor's visit frequency to visit 3 times per week. the factory should have à permanent 3 times a week. onsite medical service, with at least 5 nurses and 3 doctors' visits each week. Apr-17 Occupational Safety and Health Services and First The employer did not ensure that Ensure that all the first aid All the first aid boxes/supplies in 12 Health Aid there were a sufficient number of boxes/supplies in the workplace the workplace are readily readily are readily accessible . accessible first aid boxes/supplies in accessible . the workplace. [page 122] 121 Apr-17 Occupational Safety and Health Services and First Insufficient first-aid training for Provide first-aid training for 10% 12 Health Aid workers. of workers. Apr-17 Occupational Safety and Welfare Facilities Insufficient number of Toilets. Increase the number of toilets. 12 Health Apr-17 Occupational Safety and Welfare Facilities Insufficient capacity of eating area. Increase the capacity of the 12 Health easting area. Apr-17 Occupational Safety and Worker Protection Workers using chemicals are not Worker using chemicals should be All workers using chemicals are 48 Health provided with personal protective provided with personal protective provided with personal protective clothing and equipment. clothing and equipment. clothing and equipment. Apr-17 Occupational Safety and Worker Protection Shock absorbing mats are missing for Provide all standing workers with All standing workers are provided 12 Health standing workers. Shock absorbing mats with shock absorbing mats Apr-17 Occupational Safety and Working Environment Workplace temperature and/or Ensure that workplace 48 Health ventilation is no adequate. temperature and/or ventilation comply with recommended limits. Apr-17 Working Time Overtime Limits on overtime hours worked Monitor and limit the number of The factory is monitoring the 24 overtime hours performed. number of overtime hours performed to ensure that workers do not exceed 80 hours per trimester. Apr-17 Working Time Regular Hours Daily break periods. Review the internal policies The factory reviewed the internal 12 regarding break for pregnant policies regarding break for women pregnant women. Also all pregnant women were informed of Hhie nau malin [page 123] 122 BETTER WORK HAITI - 17TH SYNTHESIS REPORT . Factory: MGA Haiti S.A Location: Port-au-Prince Number of workers: 960 Date of BW registration : Sep-09 Date of last two Better Work Feb-17 Jun-18 assessments: Advisory and Training Services 06-Apr-18 Compliance Assessment Tool Industry Seminar 18-Apr-18 Occupational Safety and Health (OSH) 5-May-18 Bipartite Committee (PICC/LKSB/PC) 10-May-18 Advisory visit to discuss of management system documents with HR and compliance managers. Performed OSH tour to Hazard huntwith compliance manager during advisory visit. 5-Jun-18 Supervisory Skills (SST) 29-Jun-18 Chemical Management System 26-Jul-18 PICC Elections. Discussed the recent assessment report and Improvement Plan with HR manager during advisory visit. Held discussion of PRI template and respective guidance with HR manager during advisory visit. 19-Sep-18 Sexual Harassment Awareness and Prevention Supervisors 19-Sep-18 Sexual Harassment Awareness and Prevention Middle Management 19-Sep-18 Sexual Harassment Awareness and Prevention Workers 21-Sep-18 Discussed the improvement Plan with new Compliance officer. Factory tour. Documentation review on maternity leave payment with new complicance officer during advisory visit. 29-Sep-18 Bipartite Committee (PICC/LKSB/PC) ASSESSMENT COMPLIANCE CLUSTER COMPLIANCE POINT DETAILS OF NON COMPLIANCE IMPROVEMENT PRIORITIES REMEDIATION EFFORTS MONTHS Assessment June 2018 Jun-18 Compensation Paid Leave Innacurate payment for maternity Management is to re-engage and 4 leave. complete registration process with OFATMA for maternity and health in order to secure full benefit of 12 weeks for employees. Jun-18 Compensation Social Security and The employer does not pay its Management is to re-engage and 16 Other Benefits contribution to OFATMA for maternity complete registration process with and health insurance. OFATMA for maternity and health in order to secure full benefit of 12 weeks for employees. Jun-18 Compensation Social Security and The employer does not collect and Management is to re-engage and [eo] 16 Other Benefits forward workers' contribution to complete registration process with OFATMA for maternity and health OFATMA for maternity and health insurance. in order to secure full benefit of 12 weeks for employees. [page 124] 123 Jun-18 Contract and Human Termination Innacurate calculations and payment Ensure proper calculation of Management has been advised on 4 Resources of worker's annual leave. unused annual leave based on 1 proper calculation and is 1/4 day per month accumulation committed to perform the rate. calculations as legally required. Jun-18 Contract and Human Termination Innacurate calculations and payment _ Ensure that workers receive 1/12th Documentation review revealed 4 Resources of worker's bonus payment. of total year to date gross that workers terminated in July earnings. after recent assessment report received 1/12th of total year to date gross earnings. Jun-18 Contract and Human Dialogue, Discipline and Incident of verbal abuse. Schedule and complete training [eo] 4 Resources Disputes for managers and supervisors on verbal abuse. Jun-18 Occupational Safety and OSH Management Incomplete OSH management Appoint new OSH officer following A new OSH Officer was hired in 4 Health Systems systems. resignation of Officer hired in August 2018. March. Resume regular meetings of OSH committee with documented minutes for newly elected OSH committee members in July 2018 elections. Jun-18 Occupational Safety and OSH Management Employer failed to provide the receipt Develop adequate document Management is in the process of 4 Health Systems of acknowledgement from OFATMA management system that could designing a more efficient for the month of November 2017. be available at any time for document tracking and storage necessary internal consultation system. and upon request by appropriate 3rd party. Jun-18 Occupational Safety and OSH Management OSH policy was not developed in Discuss OSH policy with newly (e] 4 Health Systems consultation with workers and their elected bipartite committee representatives. members as soon as reasonable possible for inputs and suggestions. Document in meeting minutes and modify if necessary with top management cianatiira Jun-18 Occupational Safety and Chemicals and Incomplete and inadequate chemical Update and maintain a complete Management is in the process of 4 Health Hazardous Substances inventory management system. inventory of all chemicals used in designing a more efficient factory premises with respective chemical inventory tracking locations. system. Jun-18 Occupational Safety and Chemicals and Assessors found one unidentified Ensure proper labeling of all Management had taken steps to 4 Health Hazardous Substances container of machine oil, in the containers that store products control the transfer of chemicals to mechanic shop of building 11. used in operations. unlabeled containers. Jun-18 Occupational Safety and Chemicals and No MSDS were available in the spot Conduct assessment of inventory Management is in the process of 4 Health Hazardous Substances cleaning,for all chemicals in use. of all chemical products used in producing MSDS in the local the spot cleaning and ensure all language for Airlubes and spot MSDS are available. remover and ensure that all future MSDS are available before respective products are used in nneratinnc Jun-18 Occupational Safety and Worker Protection PPE not available for all workers. Ensure proper personal protection Oo 4 Health equipment are available including but not limited to earplugs, and proper masks. [page 125] 124 Jun-18 Occupational Safety and Worker Protection Inadequate electrical maintenance. Ensure wires are adequately [eo] 4 Health covered. Ensure electrical panels are not enclosed in flammable materials. Jun-18 Occupational Safety and Worker Protection During factory tour, assessors found Ensure appropriate safety All safety warnings have been 16 Health one electrical panel, in the mechanic warnings on electrical panels posted. shop, without appropriate safety throughout the factory. warnings. Jun-18 Occupational Safety and Working Environment Temperature exceed Better Work 30 C Explore and adopt potential heat [eo] 89 Health recommendation. reduction and ventilation enhancement measures. Jun-18 Occupational Safety and Working Environment Inadequate light levels. Explore and adopt lighting (e] 4 Health improvement measures accordingly to stay within recommendations. Jun-18 Occupational Safety and Welfare Facilities Capacity of the eating area is Expand the eating area to [eo] 101 Health insufficient to accommodate all the accomodate all a workers. workers. Jun-18 Occupational Safety and Health Services and First No health checks conducted for Arrange systematic medical (e] 16 Health Aid workers newly hired. checks for newly hired workers. Jun-18 Occupational Safety and Health Services and First Annual medical checks not conducted Arrange systematic medical [eo] 16 Health Aid for all workers. checks for all workers. Jun-18 Occupational Safety and Health Services and First Insufficient onsite medical facilities comply with the Haitian Labor (e] 101 Health Aid and staff. Code, have a permanent onsite medical service, with at least 5 nurses and 3 doctors' visits per week. Jun-18 Occupational Safety and Health Services and First First aid box obstructed by sewing Work with OSH delegates and All first aid boxes remain clear of Health Aid tables. ensure that first aid boxes are not obstruction. obstructed. Jun-18 Occupational Safety and Health Services and First Insufficient number of workers trained Provide first aid training for 10 (e] 4 Health Aid on firt aid. percent of the workforce, once per year. Jun-18 Occupational Safety and Emergency Fire escape routes are not clearly Keep escape routes clearly [eo] 16 Health Preparedness marked in packing and cutting area. marked for both buildings 11 and 17. Jun-18 Occupational Safety and Emergency Electrical panel not properly Ensure that electrical panels are None of the electrical panels in 4 Health Preparedness maintained. not enclosed in flammable building 17 mechanic shop is material (IE boxes). enclosed in a wooden box. Jun-18 Occupational Safety and Emergency Phones were observed charging in Ensure proper storage of chemical All electrical outlets near the spot 4 Health Preparedness uncovered electrical outlets near away from potential sources of cleaning area of building 17 have flammable chemical such as thinner _ ignition. been eliminated. and blow out in the spot cleaning area of building 17. Assessment Feburary 2017 [page 126] 125 Feb-17 Compensation Premium Pay Inaccurate compensation for weekly The factory must pay the day of The management mentioned that 16 rest days. Sunday after a period of 6 working the adjustment will be made in the days. next payroll. Feb-17 Compensation Païid Leave Inaccurate payment for legally Adjust Payroll system to ensure The changes have been made in 16 mandated holidays. payment for legally mandated the payroll system and payment holidays is accurate. for legally mandated holidays is based on worker's average earnine. Feb-17 Compensation Paid Leave Inaccurate compensation for weekly Adjust payroll system to ensure The changes have been made in 16 rest days. that payment for weekly rest days the payroll system, payment for is accurate. weekly rest days is based on workers’ average earnine. Feb-17 Compensation Social Security and The factory has not registered with Register with OFATMA for 16 Other Benefits OFATMA for maternity and health maternity and health insurance insurance services. services. Feb-17 Compensation Social Security and The factory has not registered with Register with OFATMA for 16 Other Benefits OFATMA for maternity and health maternity and health insurance insurance services. services. Feb-17 Compensation Social Security and Employer Contribution to ONA. Ensure that ONA payment is done The changes are made from a Other Benefits on the base salary instead of minimum salary to base salary. worker's minimum wages. Feb-17 Compensation Social Security and Collecting and forwarding worker's Ensure that ONA payment is done The changes are made from a Other Benefits contributions for social insurance on the base salary instead of minimum salary to base salary. funds to ONA. worker's minimum wages. Feb-17 Contract and Human Employment Contracts Specify terms and conditions of Review employment contract to The employment contract has 16 Resources employment in written employment ensure compliance with legal been revised with the term and contracts. requirements such as: hours of specifications. work, the nature of the work to be performed, amount of pay and benefits. Feb-17 Occupational Safety and Chemicals and Labeling of chemicals and hazardous Label all containers and provide The workers in spot cleaning area 16 Health Hazardous Substances substances in the mechanic room. posters on labeling chemicals were trained. The compliance substances. Incorporate the labelled all chemical products in importance of labeling containers local language. A daily inspection into the training on chernical id one by the compliance officer. substances. Monitor the labeling of containers. Have someone in charge for transferring the chemicals Feb-17 Occupational Safety and OSH Management Mechanisms to ensure cooperation Ensure that the factory has an All committee members have 16 Health Systems between workers and management on active OSH committee which been trained. Also the factory OSH matters. meet at least once a month. started to conduct an occupational safety and health assessment every month. Feb-17 Occupational Safety and Emergency A fire extinguisher was missing in the Increase the frequency of The missing fire extinguisher has 89 Health Preparedness boiler room and also no proof of inspections of fire extinguishers in been replaced and an inspection regular maintenance was provided. all buildings. Replace missing fire sheet is available. Moreover, a extinguishers. Keep a stock of stock of additional fire additional fire extinguishers for extinguishers is available to be use in an emergencv used in case of emergency [page 127] 126 Feb-17 Occupational Safety and Emergency Several escape routes were obstructed Ensure that the aisles in the The maintenance department has 16 Health Preparedness with fabric bundles in the sewing sewing lines remain unobstructed already begun to trace the floor of section of building 17. during working hours, including the factory so that more space can overtime. be found for the evacuation lines. Feb-17 Occupational Safety and Health Services and First Health checks for workers who are Provide medical checks to workers The company provided general 16 Health Aid exposed to work related hazards. who have been exposed to work medical check for the employees related hazard twice a year. of the chemical departement. Future medical checkes will be scheduled everv 6 months Feb-17 Occupational Safety and Health Services and First Annual medical checks for workers. Ensure Annual medical checks is Paraclinical examinations have 16 Health Aid provided to all workers. started since the month of May. Feb-17 Occupational Safety and Health Services and First Onsite medical facilities and staff.The Hire additional medical staff, at The factory has a doctor who does 101 Health Aid factory has 2 nurses and 2 doctor's least 4 nurses and 3 doctor's visit 3 visit per week visits per week. per week. Feb-17 Occupational Safety and Worker Protection No appropriate PPE was provided to Provide appropriate PPE and The training was done for workers 16 Health workers using thinner in the spot conduct training for all workers in the spot cleaning and PPE have cleaning area. using chemnicals. been provided. In addition workers using chemnicals in the mechanic shoo has been trained. Feb-17 Occupational Safety and Worker Protection Several electrical boxes with exposed Ensure that electrical wires and The factory completed the 16 Health wires was observed in building 17. equipment are properly installed installation of electrical cord cover. and maintained. Feb-17 Occupational Safety and Working Environment The temperatures in Building 17, Improve the temperature levels in Temperature in building 17 was 89 Health sewing and pressing section exceed the noted areas. observed to be at 28C during BW recommended limit of 30 C. factory tour by factory thermometer Feb-17 Occupational Safety and Welfare Facilities The factory has 13 toilets for men and Ensure that the factory has at Sonapi built 14 new toilets and 7 101 Health 19 toilets for women. least 37 functioning toilets for others are being repaired women and 14 functioning toilets for men. Feb-17 Occupational Safety and Welfare Facilities The eating area can only Ensure that the eating area can The factory is now building 101 Health accommodate a small percentage of accommodate all workers. another cafeteria. the workforce. The factory has already build a new cafeteria in front of building 11, he can accommodate all workers during the lunch time, now we have 2 eating area disponible for the workers. [page 128] 127 BETTER WORK HAITI - 17TH SYNTHESIS REPORT . Factory: PACIFIC SPORTS HAITI S.A. Location: Port-au-Prince Number of workers: 1619 Date of registration: Nov-09 Date of last two Better Aug-18 Jul-17 Work assessments: Advisory and Training Services 25-Apr-18 OSH training and factory tour with use of BW OSH checklist. 27-Jun-18 Advisory visit to review OSH procedures, payment of weekly rest day and holiday. Factory tour to verify OSH remediation efforts. 27-Sep-18 Advisory visit to review the improvement plan and follow up on the grievance policy. Then, introduce the new online progress report. Factory tour to review OSH issues. 6-Apr-18 Compliance Assessment Tool Industry Seminar 24-Apr-18 Occupational Safety and Health (OSH)Training 1-Jun-18 Leadership Skills Industry Seminar 5-Jun-18 Industry Seminar on Supervisory Skills (SST) 25-May-18 PICC meeting to discuss the implementation of a policy related to grievance mechanism and emergency preparedness. 27-Jun-18 PICC meeting to discuss the temperature issues and assign someone for the daily check of fire extinguishers in each building. 26-Jul-18 PICC meeting to discuss the following points: Annual medical checks for workers, Storage of flammable materials and access to emergency exits. 22-Aug-18 PICC meeting to discuss Better Work last assessment findings 19-Sep-18 PICC meeting to review the following points: ONA payments and Notice period. ASSESSMENT COMPLIANCE CLUSTER COMPLIANCE POINT DETAILS OF NON COMPLIANCE IMPROVEMENT PRIORITIES REMEDIATION EFFORTS MONTHS Assessment September 2018 Sep-18 Compensation Overtime Wages Workers are not compensated Pay workers 50% above the 2 50% above the normal wage as a normal wage for all ordinary direct result of overtime hours. overtime hours worked Sep-18 Compensation Social Security and Worker contribution to ONA not Ensure that workers’ payment are submitted 2 Other Benefits submitted on time contribution are collected and within the 10 business day of forwarded to ONA on time. each month for the previous Payment should be month. submitted within the 10 business day of each month for the previous month. Sep-18 Compensation Social Security and Employer contribution to ONA. Ensure that employers' payment are submitted 2 Other Benefits contribution are forwarded to within the 10 business day of ONA on time. Payment each month for the previous should be submitted within month. the 10 business day of each month far the nraviniie [page 129] 128 Sep-18 Compensation Social Security and The factory is not registered with Register with OFATMA for 14 Other Benefits OFATMA for maternity and maternity and health Health insurance. insurance services. Sep-18 Compensation Social Security and Collect and forward workers" Register with OFATMA. 14 Other Benefits contributions to OFATMA Collect and forward workers contributions to OFATMA for maternity and health insurance services. Sep-18 Compensation Termination The payment for the notice Ensure that The payment for Adjustment has been made 2 period is based on the minimum the notice period is calculated in the payroll and the notice wage. on workers’ average earnings. period is calculated on workers’ average earnings. Sep-18 Occupational Safety and Health Services and Insufficient medical staff. Ensure that the factory has a a Health First Aid permanent onsite medical staff, with at least 8 nurses and 3 doctor's visits per week. Sep-18 Occupational Safety and Worker Protection Workers assigned to the spot Provide proper PPE to 2 Health cleaning area to do inspection workers in the spot cleaaning were not using proper PPE. Sep-18 Occupational Safety and Worker Protection Battery terminals in the generator Install the insulation cover and 2 Health room were missing the insulation specify who conduct daily cover. weekly checks and include this in the system of daily weekly checks. Sep-18 Occupational Safety and Working Environment Temperature exceed Better Work Improve the temperature 64 Health recommended limit of 30 Cinall levels in all sections. sections Then conduct regular measurement of temperature Sep-18 Occupational Safety and Working Environment Workplace lighting is below BW Ensure the lighting is The electrician is in charge Health recommended limit in Sewing, adequate and adapted to for the regular maintenance packing and quality sections. worker's needs. of the light and the Compliance Staff is in a charge to conduct regular meaciiremeant Sep-18 Occupational Safety and Chemicals and MSDS were not available for Identify a person responsible 2 Health Hazardous chemical and hazardous for chemical management. Substances substances such as paints, Prepare and post MSDS radiator coolant, Max cleaner. where chemicals are used. Sep-18 Occupational Safety and Emergency One fire extinguisher was Mark all spaces that should 47 Health Preparedness obstructed in the stock room not be obstructed in the during the assessment visit. workplace. Ensure that access to fire extinguishers remain unobstructed in the [page 130] 129 Sep-18 Occupational Safety and Emergency Escape routes in packing section Verify the evacuation plan Escape routes in packing 2 Health Preparedness of building 27 and in the and mark all the escapes section of building 27 and in cutting section of building 26 route in the workplace. the cutting section of were not clearly marked. building 26 now are clearly marked Sep-18 Occupational Safety and Emergency Routes were obstructed by Conduct a root cause analysis. 14 Health Preparedness production materials in some Have someone in charge of aisles of building 25 and by heavy verifying and ensuring that the lifting support equipment in aisles remain unobstructed building 26. during working hours, including overtime. Assessment April 2018 Apr-17 Compensation Wage Information, The payroll is not accurate Ensure that information in Use and Deduction because the number of overtime the payroll is accurate. hours in the payroll records did not match the attendance records Apr-17 Compensation Paid Leave Payment for legally mandated Adjust Payroll system to Payment for legally holidays is based on the ensure payment for legally mandated holidays is based minimum wages instead of mandated holidays is based on worker's average earning. worker's average earning. on worker's average earning. Apr-17 Compensation Social Security and The employer is not affiliated Register with OFATMA for We are in process to finish Other Benefits with OFATMA for maternity and maternity and health with the registration with health insurance services insurance services. OFATMA for maternity and (workers' contributions). health insurance services. we already prepare the list of the workers, sent to OFATMA and now we are waiting OFATMA to come in the company to present the insurance policy to the workers to complete this Apr-17 Compensation Social Security and The employer is not affiliated Register with OFATMA for We are in process to finish Other Benefits with OFATMA for maternity and maternity and health with the registration with health insurance services insurance services. Collect and OFATMA for maternity and (employer's contributions). forward workers contribution health insurance services. we to OFATMA. already prepare the list of the workers, sent to OFATMA and now we are waiting OFATMA to come in the company to present the insurance policy to the workers to collect and forward workers contribution [page 131] 130 Apr-17 Occupational Safety and Emergency In the fabric warehouse of Assign someone to do the The boxes have been Health Preparedness Building 25, access to several fire inspection of the fire removed, also 2 persons extinguishers were obstructed by extinguishers on a regular were designated to conduct boxes. basis. Do a root cause analysis the daily inspection of the Near Building 27, access to one to find out why several fire fire extinguishers. fire extinguisher was also extinguishers are obstructed by boxes obstructed.Provide training to the workers on firefighting Apr-17 Occupational Safety and Emergency 80 percent of the aisles are Do a root cause analysis on We have already another Health Preparedness blocked by trolleys in the fabric why the aisles are blocked by building to store fabrics and warehouse of Building 25. trolleys. other materials there are not Have someone in charge to aisles blocked by trolleys and monitor that the aisles remain fabrics anymore. free Apr-17 Occupational Safety and Emergency An electrical cabinet in the fabric identify a place to put the we have already clean this Health Preparedness warehouse of Building 25 was cardboard boxes. Ensure that area and the electrical blocked by cardboard boxes, the electrical cabinet is cabinet is unobstructed. which can be a potential fire unobstructed. Apr-17 Occupational Safety and Health Services and Annual medical checks for Ensure Annual medical checks Now we are at 95% checks to Health First Aid workers is provided to all workers. complete the Annual medical checks we ask better work to come and completed this point for us. Apr-17 Occupational Safety and Health Services and Onsite medical facilities and staff. Hire additional medical staff, The management is Health First Aid The factory has 5 nurses and 3 at least 8 nurses and 3 currently recruiting 2 doctor's visits each week. doctor's visit per week. additional nurses. Apr-17 Occupational Safety and Working Environment The temperatures in Building 8, Improve the temperature we are adding big ventilator Health packing, inspection and pressing levels in the noted areas. and more extractor section exceed BW recommended limit of 30 C. Building 7,Cutting section, exceed BW recommended limit of30C. Building 15, Pressing,sewing and Inspection section exceed BW Apr-17 Occupational Safety and Working Environment Noise levels in the sewing section identify noise producer source dentify noise producer Health of building 8 exceed 90 dB. and replace it. Provide PPE to source and replaceit. the workers if noise levels can Provide PPE to the workers if not be reduced. noise levels can not be reduced [page 132] 131 BETTER WORK HAITI - 17TH SYNTHESIS REPORT : Factory: Palm Apparel S.A. Location: Port-au-Prince Number of workers: 1578 Date of registration: Nov-09 Date of last two Jul-17 Sep-18 Better Work Advisory and Training Services 20-Sep-18 Training on Sexual Harassment Awareness and Prevention for Supervisors & Middle Management 20-Sep-18 Training on Sexual Harassment Awareness and Prevention for Supervisors & Middle Management 5-Sep-18 Advisory visit to review the following points: employment contract, files of terminated workers, OSH management system and compensation. Factory tour to validate the status of OSH issues. 20-Jul-18 Advisory visit to verify the status of OSH issues. 20-Jul-18 PICC meeting to discuss on the following points: disciplinary measures, dismissals and production targets. 29-Jun-18 Training on Chemical Management System 21-Mar-18 PICC meeting to discuss workplace issues such as payment of legally mandated holidays and OFATMA Maternity and Health insurance. 2-Feb-18 PICC meeting to Present BW objectives and approaches, role and responsibilities of the committee members. In addition, establish a work plan based on the self-diagnosis COMPLIANCE ASSESSMENT CLUSTER COMPLIANCE POINT DETAILS OF NON COMPLIANCE IMPROVEMENT PRIORITIES REMEDIATION EFFORTS MONTHS Assessment October 2018 Oct-18 Compensation Social Security and Late and inacurate payment of Submit ONA payments on time 90 Other Benefits workers contributions for ONA. and calculate this amount based on average earnings instead of the minimum waee. Oct-18 Compensation Social Security and Late and inacurate payment of Ensure that workers’ 90 Other Benefits employer contributions for ONA. contribution are collected and forwarded to ONA on time and calculate this amount based on base salarv instead of the Oct-18 Compensation Social Security and Payment of employer's Forward 3 percent of workers’ 19 Other Benefits contribution to OFATMA for the base salary to OFATMA for maternity and health insurance is maternity and health insurance. innacurate. Oct-18 Compensation Social Security and Payment of workers’ contribution Collect and forward 3 percent of Other Benefits to OFATMA for maternity and workers’ base salary to OFATMA health insurance is innacurate. for maternity and health insurance. Oct-18 Occupational Safety Chemicals and Unlabelled containers of oil and Ensure that all hazardous and 19 and Health Hazardous Substances water being used in the workplace. chemicals substances used in the workplace are properlv Oct-18 Occupational Safety Chemicals and No MSDSs were posted where Prepare and post MSDS where 19 and Health Hazardous Substances chemicals are stored and used. chemicals are used. [page 133] 132 Oct-18 Occupational Safety Chemicals and Management did not provide Ensure that all PPE are available 1 and Health Hazardous Substances proper protective equipment in in the workplace. the spot cleaning area. Oct-18 Occupational Safety Worker Protection Management did not provide Provide dust Mask to workers in 1 and Health proper dust masks for workers in the sewing floor. the sewing floor. Oct-18 Occupational Safety Worker Protection Management did not provided Conduct additional training on 1 and Health evidences of training performed the wearing of PPEs on the use of personal protective eauioment and machines. Oct-18 Occupational Safety Worker Protection Electrical panel missing cover in Ensure that all electrical panels 1 and Health the generator room. are closed and properly maintained. Oct-18 Occupational Safety Worker Protection Assessors observed that several Identify electrical installations 1 and Health electrical boxes are missing hazard requiring warning signs and Post sign in floor 3, 4 and 5. corresponding signs Oct-18 Occupational Safety Working Environment Temperature exceed Better Work Ensure that the temperature 1 and Health recommended limit of 30 C in all does not exceed the sections. recommended limit. Oct-18 Occupational Safety Working Environment Workplace lighting is below BW Ensure the lighting is adequate 19 and Health recommended limit in sewing and and adapted to worker's needs. aualitv sections of floor 1.2. Oct-18 Occupational Safety Welfare Facilities Insufficient number of toilets. Increase the number of toilets. and Health Oct-18 Occupational Safety Health Services and The employer did not provide Provide annual medical checks 19 and Health First Aid annual medical checks for workers. for workers. Oct-18 Occupational Safety Health Services and The employer did not provide Provide health checks at not 1 and Health First Aid medical checks for workers within cost for workers within the first the first three months of hiring. three months of hiring. Oct-18 Occupational Safety Health Services and The employer did not provide Provide health checks twice a 1 and Health First Aid health checks for workers who are year at not cost for workers who exposed to work-related hazards are exposed to work related twice à vear. hazards Oct-18 Occupational Safety Health Services and Insufficient medical staff Hire the required medical staff. 1 and Health First Aid Oct-18 Occupational Safety Health Services and Products are missing in all fist-aid Equip all first aid boxes and 19 and Health First Aid boxes. define responsibility for refillling them. Oct-18 Occupational Safety Emergency One fire extiguisher was Ensure that access to fire 1 and Health Preparedness overcharged another one was not extinguishers remain easily accessible. unobstructed in the workplace. Specify who conduct daily weeklv checks Oct-18 Occupational Safety Emergency The evacuation plan is not Update the evacuation plan. 1 and Health Preparedness accurate. Oct-18 Occupational Safety Emergency Assessors observed escape routes Identify a space to store finished 1 and Health Preparedness blocked by boxes of finished goods and materials. Then goods and other materials in floors assign someone to follow-up on 1.2 and 3. a monthly basis. Oct-18 Working Time Regular Hours Working time records are manually Have an accurate attendance 84 reported. recording system. Use a form to reauest workers to work [page 134] 133 Oct-18 Child Labour Child Labourers Improve the recruitment 1 workers files missing ID document procedure to ensure that reliable with picture. documents & techniques are used to verifv the age of workers. Assessment August 2017 Aug-T17 Compensation Premium Pay Payment for regular hours worked Adjust Payroll system to ensure 13 on legally mandated holidays is payment for regular hours based on the minimum wages worked on legally mandated instead of worker's average holidays is based on worker's earnine average earnine Aug-T17 Compensation Paid Leave Payment for legally mandated Ensure payment for legally 13 holidays is based on the minimum mandated holidays is based on wages instead of worker's average worker's average earning. earnine. Aug-T17 Compensation Social Security and Employer Contribution to ONA. Revised payroll procedure to 84 Other Benefits ONA contributions is based on the ensure that ONA payment is minimum wage instead of the based on the basic salary base salarv instead of worker's minimum Aug-T17 Compensation Social Security and Collecting and forwarding worker's Ensure that ONA payment is 84 Other Benefits contributions for social insurance based on the basic salary funds to ONA. instead of worker's average Aug-T17 Occupational Safety Chemicals and Labeling of chemicals and Label all containers and provide 13 and Health Hazardous Substances hazardous substances in the posters on labeling chemicals mechanic room substances - Incorporate the importance of labeling containers into the training on chemical substances - Monitor the lahalins nf rnntainere Aug-T17 Occupational Safety OSH Management The temperatures in Building 2, 3 Improve the temperature levels 13 and Health Systems and 4, packing, sewing and in the noted areas. inspection section exceed BW recommended limit of 30 C Aug-T17 Occupational Safety Welfare Facilities The factory has 20 toilets for men Ensure that the factory has at 13 and Health and 42 toilets for women. least 21 functioning toilets for According to the Haitian law, the men 65 functioning toilets for factory should have 21 functioning women toilets for men 65 functioning toilate far wnamen Aug-T17 Occupational Safety Welfare Facilities The eating area located at Thor Ensure that the eating area can 13 and Health can only accommodate a small accommodate all workers. percentage of the workforce Aug-T17 Occupational Safety Health Services and Onsite medical facilities and Hire additional medical staff, at 13 and Health First Aid staff. The factory has 4 nurses and least 7 nurses and 3 doctor's visit 3 doctor's visits per week. per week. Aug-17 Occupational Safety Emergency Several escape routes were -Do a root cause analysis 78 and Health Preparedness obstructed by boxes of finished -Conduct awareness training for goods on floors 2 and 5. all workers -Have someone in charge of the daily inspection to ensure that the aisles remain unobstructed during working hours, including nuartima [page 135] 134 Aug-T17 Compensation Overtime No Authorization from the Requested and obtained 18 Departement of Labour for authorization from MAST before overtime working overtime. Aug-T17 Compensation Social Security and Employer contribution to Collect and forward 3 percent of 13 Other Benefits OFATMA for maternity and health worker's average earnings to insurance. The factory collect and OFATMA for maternity and forward 2 percent of the worker's health insurance. Aug-17 Compensation Social Security and Collect and forward worker's Ensure that 3 percent of worker's 13 Other Benefits contribution to OFATMA for average earnings is collected and maternity and health insurance. forwarded to OFATMA for maternitv and health insurance. [page 136] 135 BETTER WORK HAITI - 17TH SYNTHESIS REPORT ., Factory: Premium Apparel S.A. Location: Port-au-Prince Number of workers: 1998 Date of BW registration: Oct-09 Date of last two Better Oct-16 Aug-17 Work assessments: Advisory and Training Services 09-May-18 Advisory visit to verify the files of terminated workers. Meeting with management to review improvement actions. Factory tour to verify OSH remediation. Union 20-Mar-18 Advisory visit to review the report on dismissal with management. Meeting with HR manager to update the improvement plan. Factory tour to verify the status of OSH issues. Meeting with the union president. 20-Oct-17 PICC Meeting to discuss on the Grievance mechanism in relation to the self-diagnostic process. O1-Feb-18 Overview of key functionalities of the supplier portal with the new HR manager. Improvement plan exercices and coaching on the preparation of the progres report with HR manager. 16-Nov-17 Meeting with plant manager, operations manager and HR Manager to review the last assessment report and discuss of the remediation actions and deadlines. 26-Jun-18 Meeting with management and pregnant women to inform workers about their rights and responsibilities. Factory tour to verify the status of OSH issues. Union interviews. 30-Nov-17 Industrial Relations Training 15-Nov-17 Chemicals management training ASSESSMENT COMPLIANCE CLUSTER COMPLIANCE POINT DETAILS OF NON COMPLIANCE IMPROVEMENT PRIORITIES REMEDIATION EFFORTS MONTHS Assessment August 2017 Aug-17 Compensation Social Security and Other Late and inacurate payment of Submit ONA payments on time 25 Benefits employer contributions for ONA. and calculate this amount based on average earnings instead of the minimum wage. Aug-17 Compensation Social Security and Other Late and inacurate payment of Ensure that workers’ contribution 25 Benefits workers contributions for ONA. are collected and forwarded to ONA on time and calculate this amount based on base salary instead of the minimum wage. Aug-17 Compensation Social Security and Other No evidence of reigistartion for work Ensure employer contribution to 25 Benefits related accident insurance available. OFATMA for work-related accident insurance is 3 percent of workers’ base salary. Aug-17 Compensation Social Security and Other Payment of employer's contribution Forward 3 percent of workers’ base 25 Benefits for the OFATMA for the maternity salary to OFATMA for maternity and health insurance is innacurate. and health insurance. [page 137] 136 Aug-17 Compensation Social Security and Other Payment of workers’ contribution Collect and forward 3 percent of 25 Benefits for the OFATMA for the maternity workers’ base salary to OFATMA and health insurance is innacurate. for maternity and health insurance. Aug-17 Occupational Safety and Chemicals and Inadequate storage of chemicals Define a storage place for each The chemical concerned, 19 Health Hazardous Substances and hazardous substances. chemical. Blow out, has been removed Ensure that the chemicals are from the supervisor's room. properly labelled. Ensure the written instructions on MSDS are available in the storage place. Aug-17 Occupational Safety and Chemicals and Missing chemical safety data sheets Have someone in charge for 19 Health Hazardous Substances for all chemicals and hazardous collecting MSDS when new substances in the chemicals are used. workplace. Posting the MSDS in appropriate places. Conduct regular checks about the MSDS. Aug-17 Occupational Safety and Chemicals and Missing washing facilities or Provide adequate washing facilities The missing water bottles 25 Health Hazardous Substances cleansing materials in the event of and cleansing materials in the have been replaced. chemical exposure. event of exposure to hazardous chemicals. Aug-17 Occupational Safety and Worker Protection Workers using chemicals without Provide all necessary personal Health appropriate mask. protective clothing and equipment. Conduct training for all workers. Prevent and monitor workers exposition to chemicals. Aug-17 Occupational Safety and Working Environment The temperature level exceed BW Improve the temperature levels in 29 Health recommended limit of 30 C. the noted areas. Aug-17 Occupational Safety and Welfare Facilities Insufficient number of toilets. Comply with the required number 16 Health of toilets as per the law. Aug-17 Occupational Safety and Health Services and First Medical checks are not Ensure medical checks are The factory has started to 83 Health Aid systematically provided for workers provided to new workers within the provide systematic health upon hiring. first first three months of hiring. checks to new workers within the first first three months of hiring. Aug-17 Occupational Safety and Health Services and First Annual medical checks not Ensure annual medical checks are The factory has started to 83 Health Aid systematically provided for workers. provided to all workers. provide annual medical checks to all workers. [page 138] 137 Aug-17 Occupational Safety and Health Services and First _insufficient medical staff. Hire additional medical staff, at 83 Health Aid least 8 nurses and 3 doctor's visit per week. Aug-17 Occupational Safety and Emergency Preparedness Firefighting equipment not properlÿy Ensure that the workplace has An OSH officer has been 16 Health maintained. adequate fire-fighting equipment. assigned to monitor Assign someone to monitor firefighting equipments. firefighting equipments. Keep an inspection record. Aug-17 Occupational Safety and Emergency Preparedness Escape routes blocked by boxes of Conduct a root cause analysis. 35 Health finished goods and other materials. Have someone in charge of verifying and ensuring that the aisles in the sewing lines remain unobstructed during working hours, including overtime. Aug-17 Occupational Safety and Emergency Preparedness Electrical box obstructed by Ensure that flammable materials Checklist has been updated 25 Health flammable materials such as fabric are safely stored. to ensure that electrical cartons in the workplace. boxes remain unobstructed. Aug-17 Working Time Regular Hours Regular daily and/or weekly working Ensure regular daily and weekly 16 hours exceed the legal limit. working hours do not exceed the legal limit. Aug-17 Working Time Regular Hours No authorization from the Obtain authorization from the Based on the new law it is 16 Department of Labour before Department of Labour before no lomger a compliance working at night. working at night. point. Aug-17 Working Time Overtime The factory exceeded the legal limits Respect the legal overtime limit. Based on the new law it is 16 on overtime hours worked in the no lomger a compliance packing section. point. Aug-17 Working Time Overtime No authorization for performing Request authorization of MAST to Based on the new law it is 16 overtime was provided by perform overtime work. no lomger a compliance management during the time of the point. assessment. Aug-17 Working Time Overtime Management was unable to share Ensure that overtime work is 16 any form of consent from the voluntary. workers to perform overtime. Assessment October 2016 [page 139] 138 Oct-16 Compensation Paid Leave Workers are not compensated for Ensure that all nursing women There is a new policy in their breastfeeding breaks. benefit from the breastfeeding place so that a report of break as required by the law. nursing woman is issued to the department of accounting to ensure that all nursing women benefit from the breastfeeding break as required by the law. Oct-16 Compensation Social Security and Other The factory is late for ONA payment Ensure on-time payment of ONA Benefits and pay ONA on basic earnings instead of minimum wage Oct-16 Compensation Social Security and Other The amounts collected from workers Ensure that workers’ contribution Benefits for ONA is not forwarded on time. are collected and forwarded to ONA. Oct-16 Compensation Social Security and Other Inaccurate payment to OFATMA for The factory registered with the new Benefits the maternity and health insurance. maternity and health insurance. Yet, 3 percent of workers’ basic salary need to be forwarded to OFATMA for maternity and health insurance Oct-16 Occupational Safety and Chemicals and Unlabeled containers of oil being Ensure that all hazardous and All containers have been Health Hazardous Substances used in the workplace chemicals substances used inthe labeled. workplace are properly labeled. Oct-16 Occupational Safety and Chemicals and Insufficient trainings on chemical Reinforce training for workers who Health Hazardous Substances Usage and personal protective work with chemicals and equipment. hazardous substances. Oct-16 Occupational Safety and Chemicals and No adequate washing facility in the Provide adequate washing facilities Eyewash solution has been Health Hazardous Substances event of exposure to chemicals and and cleansing materials in the replaced. hazardous materials. event of exposure to hazardous substances. Oct-16 Occupational Safety and Worker Protection Unsafe electrical installation near Ensure that all electrical wires, The panel has been Health the generator switches and plugs are properly purchased and the installed, grounded, and accessories are available. maintained Oct-16 Occupational Safety and Working Environment Workplace temperature and/or Ensure that the temperature does The factory added new Health ventilation. not exceed 30 degree in all exhaust fans. sections. Oct-16 Occupational Safety and Welfare Facilities Eating area is insufficient to Increase the eating area of the Management has added Health accommodate all the workers. second building another eating space in the second building to address this issue. [page 140] 139 Oct-16 Occupational Safety and Welfare Facilities Insufficient number of toilets Increase the number of toilets in Seven additional toilets for Health the workplace men have been added in one building. Oct-16 Occupational Safety and Health Services and First No medical checks have been Provide medical checks for workers The factory is currently Health Aid provided to workers within the first upon hiring adjusting the clinic to ensure three months of hiring. that the physician can do the medical checks. Oct-16 Occupational Safety and Health Services and First Health checks for workers who are Provide free medical checks to The factory is currently Health Aid exposed to work-related hazards. workers who have been exposed to making adjustments to the work-related hazards. clinic to ensure that the on site physicians can conduct medical checks for the workers. Oct-16 Occupational Safety and Health Services and First Annual medical checks are not Ensure that all workers receive The factory is currently Health Aid systematically arranged for all annual medical checks. adjusting the clinic to ensure workers. that the physician can do the medical checks. Oct-16 Occupational Safety and Health Services and First Insufficient onsite medical staff Ensure that the number of nurses The factory has hired Health Aid is compliant with the legal additional medical staff and requirement currently has 4 on site nurses, 2 permanent doctors and another visiting doctor who is available once a week. Oct-16 Occupational Safety and Emergency Preparedness Several aisles were found obstructed Ensure that all emergency exits are The compliance team is Health by boxes and machinery accessible, unobstructed and currently working on a new unlocked during working hours, procedure. including overtime. Oct-16 Occupational Safety and Emergency Preparedness Cellular phones were found being Ensure that all sources of ignition Charging station for mobile Health charged all over the workplace and are appropriately safeguarded. phones have been added in also near containers of the personal effects area chemical K-M7, a highly flammable outside the workplace. substance. [page 141] 140 BETTER WORK HAITI - 17TH SYNTHESIS REPORT Factory: Quality Sewing Manufacturing S.A CE Location: Port-au-Prince Number of workers: 418 Date of registration: Oct-09 Date of last two Bette Apr-16 Jun-15 Advisory and Training Activities 6-Oct-18 Occupationnal safety and Health training 27-Sep-18 Meeting with management on the Improvement plan and the Progress report- General manager. Discussion on factory general updates. 27-Sep-18 PICC meeting on the Introduction of the new trade union committee. OSH tour with PICC members to validate remediation efforts. 29-Jun-18 Industry Seminar on Chemical Management System 6-Jun-18 Meeting with management on the Improvement plan and remediation ettorts. Review ot the Compensation and OSH management system document. +actory tour to valid the progress. 6-Jun-18 PICC meeting on improvement needed and related action plan regarding working environment. 26-Apr-18 Meeting with management on the improvement plan and remediation efforts. Review of the Management system document. Factory tour to valid the progress. 26-Apr-18 Meeting with PICC members on the training plan and on the strategies to give more visibility to the PICC committee. ASSESSMENT COMPLIANCE CLUSTER COMPLIANCE POINT DETAILS OF NON COMPLIANCE IMPROVEMENT PRIORITIES REMEDIATION EFFORTS MONTHS Assessment September 2018 Sep-18 Compensation Overtime Wages Unpaid overtime for workers Report overtime worked on the 82 working on an incentive scheme. payroll and pay it adequately. Sep-18 Compensation Wage Information, Discrepancies found between the Record all deduction on the payroll. 83 Use and Deduction payroll and the worker's pay slip. Sep-18 Compensation Paid Leave Calculation of average earnings Ensure that the leaves are paid 84 were not based on average daily based on average earnings. earnings during the previous 3 months of work. Sep-18 Compensation Social Security and ONA late payment. Pay ONA within the first 10 85 Other Benefits working days of each month for the previous month. Sep-18 Compensation Social Security and ONA late payment. Pay ONA within the first 10 working 86 Other Benefits days of each month for the previous month. Sep-18 Compensation Social Security and Late payment for OFATMA for Pay OFATMA contributions for 87 Other Benefits work related accidents. work-related accident insurance in the the delay fixed by the [page 142] 141 Sep-18 Compensation Social Security and The employer only pays 2 per cent Collect and forward only 3 per cent 91 Other Benefits of workers’ minimum wage of the workers’ basic salary to instead of 3 per cent of workers’ OFATMA for maternity and health basic salary to OFATMA for insurance. maternity and health insurance. Sep-18 Compensation Social Security and The factory collects and forwards #REF! 92 Other Benefits only 2 per cent of the worker's minimum salary instead of paying 3 per cent of their basic salary. Sep-18 Contract and Human Employment Apprentice contracts are not Get the approval form the Office of 93 Resources Contracts approved by the Office of Manpower before operating Manpower. apprentice contracts. Sep-18 Occupational Safety and OSH Management No self OSH assessment reports Conduct self OSH assement on a 94 Health Systems for the last 12 months regular basis. Sep-18 Occupational Safety and OSH Management The employer has not developed Conduct regular bipartite meeting OE) Health Systems any mechanism to ensure on OSH matters. cooperation on OSH matters. Sep-18 Occupational Safety and OSH Management OSH policy is not signed by top Sign and update the policy in 96 Health Systems management and has not been consultation with workers developed in consultation with representatives. workers and their representatives Sep-18 Occupational Safety and Chemicals and No inventory for chemicals and Kep and updated inventory for all 97 Health Hazardous hazardous substances used in the the chemicals and hazardous Substances workplace. substances used in the workplace. Sep-18 Occupational Safety and Chemicals and One unidentified container of Identify all containers used in the (e] 98 Health Hazardous thiner in the mechanic workshop. workplace. Substances Sep-18 Occupational Safety and Chemicals and Chemicals were not properly Store the chemicals in an adequate 99 Health Hazardous stored. location. Substances Sep-18 Occupational Safety and Chemicals and No MSDS were available for Ensure that MSDS are available for 100 Health Hazardous Thinner and Degreaser in the all chemical used in the workplace. Substances electronic shop. Sep-18 Occupational Safety and Chemicals and No eye washing facilities in the Install an eye washing facility were 101 Health Hazardous electronic workshop where chemical and hazardous Substances chernicals are used. substances are used. Sep-18 Occupational Safety and Worker Protection Proper gloves and goggles for Provide the necessary personal 102 Health workers in the mechanics’ shop protective equipment to workers. were not provided. Sep-18 Occupational Safety and Worker Protection Several workers in the Main Train the workers on the use of use 103 Health Building were not using the safety personal protective equipment and guards installed on their machines. machines. [page 143] 142 Sep-18 Occupational Safety and Worker Protection Standing workers in inspection Provide foot rests or shock The factory provided shock 104 Health section were not provided with absorbing mats to standing absorbing mats to the standing foot rests or shock absorbing workers. Ensure that all chairs have workers. mats. Chairs provided to workers a back rest. were missine hack rest Sep-18 Occupational Safety and Worker Protection Sewing machines in the main Equipped all the sewing machines 105 Health building were missing finger with necessary guards. guards, eye guards and pulley guards. Sep-18 Occupational Safety and Worker Protection Electrical boxes with exposed Maintain the wiring and cable 106 Health wires in the main building. system. Properly cover all the Electrical panels obstructed. electrical panels Sep-18 Occupational Safety and Worker Protection Electrical panels that were missing Post the hazard signs on the 107 Health hazard signs. electrical panels. Sep-18 Occupational Safety and Working Environment Workplace temperatures is Ensure that the temperature level The factory has installed two 108 Health unacceptable in is aligned with the recommended new exhausts. Sewing, Pressing, Quality, Packing 30 C. and Cutting sections. Sep-18 Occupational Safety and Working Environment The level of lighting in the Improve the light levels to the The factory installed new lights 109 Health workplace is unacceptable in recommended limits. bulbs in the sewing lines. Sewing, Pressing, Quality, Packing and Cutting sections. Sep-18 Occupational Safety and Welfare Facilities Insufficient number of toilets. Ensure to have the appropriate TO Health number of toilet according to the workforce Sep-18 Occupational Safety and Welfare Facilities Soap was not available in the Ensure that soap in available in the The maintenance team is in mm Health men's toilets. men's restroom. charge of advising management whenever soap or paper is missing in the toilet. Sep-18 Occupational Safety and Welfare Facilities The factory has an eating area that Ensure that the eating area can The factory has extended the T2 Health can only accommodate 30 per accommodate all the workforce eating area and provide more cent of workers . benches. Sep-18 Occupational Safety and Health Services and No health check within the first Arrange free health checks for 13 Health First Aid three months of hiring. workers within the first three months of hiring. Sep-18 Occupational Safety and Health Services and No free health check to workers Arrange free health checks to T4 Health First Aid exposed to work-related hazards workers exposed to work-related hazards. Sep-18 Occupational Safety and Health Services and No annual health check provided Arrange free annual health checks 15 Health First Aid to workers. for workers. Sep-18 Occupational Safety and Health Services and insufficient number of medical Hire a permanent medical staff 16 Health First Aid staff. with 8 nurses and 3 doctor's visits per week. Sep-18 Occupational Safety and Health Services and Expired product found in the first Remove the expired products from The expired product was n7 Health First Aid aid box. the first aid box. Ensure that they removed during the are adequately equipped. assessment. The first aid maintenance is under the responsibility of the nurse who does a check on a regular basis. [page 144] 143 Sep-18 Occupational Safety and Health Services and Insufficient number of workers Train an adequate number of the 118 Health First Aid train in first aid. workforce in first aid. Sep-18 Occupational Safety and Emergency No fire alarm system was Install a fire alarm in the cutting T9 Health Preparedness observed in the cutting building. building. Sep-18 Occupational Safety and Emergency Fire equipement not properly Install a fire extinguisher near the The factory installed a fire 120 Health Preparedness maintained. mechanical workshop. Identify all extinguisher in the mechanical the fire extinguishers. workshop. Sep-18 Occupational Safety and Emergency Insufficient number of workers Train an adequate number of 121 Health Preparedness train in fire fighting equipment aid. workers in fire-fighting equipment. Sep-18 Occupational Safety and Emergency Evacuation plan inaccurate for the Post an evacuation plan in the 122 Health Preparedness main building. Evacuation planis cutting department. Update the not available in the cutting evacuation plan displayed in the building. main building. Sep-18 Occupational Safety and Emergency One fire drill conducted per year. Conduct one drill every 6 months. 123 Health Preparedness Sep-18 Working Time Regular Hours Pregnant workers are not allowed Provide additional breaks to 124 to take two extra breaks. pregnant women. Sep-18 Working Time Regular Hours Inaccuracy of the attendance Invest in a reliable punching 125 records. system. Sep-18 Working Time Regular Hours Working hours are not posted in Post factory's working hours inside 126 the workplace. the workplace Assessment September 2017 Apr-17 Freedom of Association and Interference and Reinstate terminated workers. 9 Collective Bargaining Discrimination Termination of union leaders. Apr-17 Freedom of Association and Interference and Management interference in union Plan regular meeting with union The factory participated to an 9 Collective Bargaining Discrimination activities members. Establish a In a training on Industrial Memorandum of understanding Relation on December 2017 with the trade unions. Apr-17 Compensation Wage Information, Discrepancies found between the Keep one accurate payroll records (e) 9 Use and Deduction attendance and the payroll records that reflect the exact working reviewed for the last 3 months. hhours. Apr-17 Occupational Safety and Welfare Facilities Water test stated that water was Provide safe water to workers. The factory performed monthly 9 Health not safe. an internal test for the water. They sent new sample to their usual laboratory. The test revealed that the water was safe Apr-17 Occupational Safety and Welfare Facilities The eating area that can only Provide an eating area that can The factory has expanded the 81 Health accommodate 25 percent of its accommodate all the workers eating area. The factory is in workforce at once. process to buy benches to arrange the space. Apr-17 Occupational Safety and Health Services and No medical checks were arranged Arrange a medical check for newly 55 Health First Aid for newly hired workers within the hired workers within the first three first three months of employment. months of employment. [page 145] 144 Apr-17 Occupational Safety and Health Services and Annual medical checks were not Arrange one medical check for all 53 Health First Aid provided to all workers in the last workers. 12 months. Apr-17 Occupational Safety and Health Services and Insufficient number of medical Comply with the Labor Code 81 Health First Aid staff. regarding the onsite medical staff. Apr-17 Occupational Safety and Health Services and Empty first aid box. Keep the First Aid Boxes properly The factory bought products ES Health First Aid maintained and equiped. Ensure to for the floor's first aid box. have a sufficient number of First Aid Boxes within the plant. Apr-17 Compensation Paid Leave Payments for non-working Pay Inon working holidays on 8 holidays are based on the average earnings. minimum wage. Apr-17 Compensation Paid Leave Payments for weekly rest days are Pay the weekly rest day on average 81 based on the minimum wage. earnings. Apr-17 Compensation Païid Leave The payments for sick leaves are Pay sick leave on average earnings. After the assessment visit, the EL based on the minimum wage factory corrected the sick leave payment and started to pay it based on average earnings. However, since January 2018, the factory refused pay to the sick leave stating that they registered for OFATMA health and maternity insurance Apr-17 Compensation Social Security and The factory calculates ONA Pay ONA contributions on base 9 Other Benefits contributions based on the salary. minimum wage Apr-17 Compensation Social Security and Late ONA payment Pay ONA contributions on base 9 Other Benefits salary. Apr-17 Occupational Safety and Emergency No fire alarm system was Install a fire alarm system in the 23 Health Preparedness observed in the second building. second building. Apr-17 Occupational Safety and Emergency Unidentified fire extinguishers in Provide fire extinguisher near stock The 4 unidentified fire 23 Health Preparedness the Sewing section. No fire trim room, mechanic shop and the extinguishers are now extinguisher in the Stock Trim mezzanine floor. identified. The ones in the room, the mechanic shop and on cutting section have identified the mezzanine floor. also. Apr-17 Occupational Safety and Emergency No evacuation plans were posted Post an evacuation Plan in the 41 Health Preparedness in the second building (Cutting second building. section). Apr-17 Occupational Safety and Emergency The last fire drill was conducted in Conduct two fire drill a year. oO 65 Health Preparedness July 2015. Apr-17 Working Time Regular Hours Inaccurate attendance records. Ensure that attendance records are Management said that they are 9 accurate and reflect the exact actively looking for an effective working time. punching system. [page 146] 145 Apr-17 Working Time Overtime Excessive overtime for workers in Ensure that overtime hours do not 65 sewing section, and in the exceed the legal limits Mechanic Shop. Apr-17 Compensation Social Security and The employers’ contribution to Pay OFATMA contributions for 9 Other Benefits OFATMA for work-related accident work-related accident insurance on insurance is based on the basic salary. minimum wage instead of the hacir calans Apr-17 Compensation Social Security and The employer only pays 2 percent Pay 3 percent of workers' basic 9 Other Benefits of workers’ minimum wage salary to OFATMAOFATMA for instead of 3 percent of workers’ maternity and health insurance basic salary to OFATMA. Apr-17 Compensation Social Security and The employer only pays 2 percent Pay 3 percent of workers’ basic 9 Other Benefits of workers’ minimum wage salary to OFATMA.OFATMA for instead of 3 percent of workers’ maternity and health insurance. basic salary to OFATMA. Apr-17 Contract and Human Employment Apprentice contracts provisions Comply with the labor Code and The factory is in the process to 9 Resources Contracts related to compensation and factory's internal rules regarding the change the apprentice contract duration of training time, are less apprentice contracts. accordingly to the legal favorable than those stated in the requirements. internal rules. Apr-17 Occupational Safety and OSH Management No evidence of management Regularly assess the OSH points. The bipartite committee is in 81 Health Systems conducting assessments of Elaborate an assessment template. charge of performing OSH general occupational safety and Keep records of assessments assessment on a weekly basis health issues in the workplace. performed on a regular basis. and to report the issues to management. Apr-17 Occupational Safety and Chemicals and Inventory of chemicals used such Ensure that all chemicals used in An inventory of all chemicals 8 Health Hazardous as thinner were unavailable during the workplace are listed on the bought and used is available Substances the assessment visit. inventory. Apr-17 Occupational Safety and Chemicals and Unidentified containers with Ensure to label any container used Thinner is no longer used. 81 Health Hazardous thinner and oil in the Mechanical in the workplace. Management informed the Substances Workshop. mechanic to label all containers and that chemical such as thinner is forbidden in the factory. Apr-17 Occupational Safety and Chemicals and No MSDS' were posted for thinner Post MSDS' were workers are using The factory is not using thinner. 8 Health Hazardous in the Mechanical Workshop. chemicals and dangerous MSDS is posted for all Substances substances. chemnicals used in the marhanical chan Apr-17 Occupational Safety and Worker Protection Several workers in the Main Train workers on the use of (e) 81 Health Building were not using the safety personal protective equipment. guards installed on their machines. Apr-17 Occupational Safety and Worker Protection 30 percent of the sewing Install all missing machines guards. The factory bought finger 8 Health machines were missing safety guards and is in the process of guards. installing them were needed The order was made for the eve euards [page 147] 146 Apr-17 Occupational Safety and Overtime Prior authorization was not Obtain authorization from the 7 Health obtained from the Department of Department of Labor before Labor before working overtime. working overtime. Apr-17 Occupational Safety and Worker Protection The electrical distribution boards Ensure the electrical maintenance The distribution boards are 9 Health were not well maintained is regularly done. properly fixed to the wall. Apr-17 Occupational Safety and Working Environment The temperature level exceeds the Install more exhaust fan The factory replaced the 81 Health recommended 30 C in sewing, throughout the workplace. defective fans and add four quality and packing section. more fans throughout the floor. Apr-17 Occupational Safety and Working Environment The light levels are unaccceptable Ensure the light levels are The factory replaced the 20 Health in packing, sewing, inspection appropriate for sewing, packing, defective lights. sections. inspection and trimming sections. Apr-17 Occupational Safety and Welfare Facilities Insufficient number of toilets. Comply with the Labor Code 81 Health regarding the number of toilets Apr-17 Working Time Overtime No authorization form MAST prior Obtain authorization from the 90 working overtime. Department of Labor before working overtime. [page 148] 147 BETTER WORK HAITI - 16TH SYNTHESIS REPORT : Factory: S&H Global S.A Location: Caracol Number of workers: 8483 Date of registration: Jun-12 Date of last two Better Jul-17 Jul-16 Work assessments: Advisory and Training Activities 7-Sep-18 Sexual Harassment Awareness and Prevention Training for Middle Management 7-Sep-18 Sexual Harassment Awareness and Prevention Training for Workers 7-Sep-18 Sexual Harassment Awareness and Prevention Training for Supervisors 6-Sep-18 Industry Seminar on Risk Management & Control 3-Sep-18 Industry Seminar on Supervisory Skills Training (SST) 1-Sep-18 Workers Rights & Responsibilities Training 30-Aug-18 Bipartite Committee (PICC/LKSB/PC) Training 29-Aug-18 Workshop on root cause analysis with PICC members. Discussion on the Introduction of a new trade union with trade union committees. Closing meeting with Compliance and Human Resources Managers. 24-Aug-18 Meeting with Compliance Managers on Improvement plan updates and progress report.Meeting with trade union and management on their Working time agreement. 22-May-18 Visit of the new premise module 7. Meeting with trade union and management on inter union conflict. Review of document review to validate follow ups Human Resources manager 22-May-18 Workshop with the PICC committee on self diagnosed issues. Meeting with the management on the working time changes.OSH Factory Tour to validate OSH remediations. 14-May-18 Industry Seminar on Chemical Management System 8-May-18 Industry Seminar on Supervisory Skills Training (SST) DETAILS OF NON ASSESSMENT COMPLIANCE CLUSTER COMPLIANCE POINT IMPROVEMENT PRIORITIES REMEDIATION EFFORTS MONTHS COMPLIANCE Assessment June 2018 Jun-18 Discrimination Gender Module 7 failed to follow the Ensure that all module are The employees that were 3 factory zero tolerance policy respecting the zero tolerance. involved in this incident have relating to Sexual Harassment Ensure that all employees been rightly terminated. An misconduct. working in the HR department investigation was carried and the supervisory lines of each regarding these workers and module receive the HR training. they were punished as they Review the zero tolerance policy had violated the company's and consult workers Zero Tolerance Policy. representatives on issues related to Sexual Harassment. [page 149] 148 Jun-18 Occupational Safety and Worker Protection Obstructed electrical panel in Ensure that electrical installation All exposed wires were covered Health module 1. Exposed wires and are adequately safeguarded; and well maintained so that electrical installations enclosed in Replace the wooden box by an they did not obstruct or cause a wooden box in module 4. adequate material/cover. any danger in the workplace. Training was carried to supervisors and the FCO to routinely check all environment safety and specially fire safety equipment. Jun-18 Occupational Safety and Worker Protection No exit signs posted in the Perform regular internal The factory replaced and 9 Health maintenance building near assessment on OSH compliance installed the emergency lights warehouse 2. points. Train the maintenance in the 2 exits. All exit signs team on OSH compliance points. have been clearly marked and Include the monitoring of exits in arrows have been repainted in the emergency preparedness order to help workers visual procedures. understanding of the exits. Jun-18 Occupational Safety and Working Environment The workplace temperature Better Work recommends a Mechanics checks are 9 Health exceed the recommended 30 C. maximum of 30 C. performed on all cooling Set internal inspections on a systems monthly. regular basis Daily control for some critical areas such as C-TPAT area and nat cleanino area Jun-18 Occupational Safety and Working Environment The noise level exceed the Better Work recommends a Management has reduced the 33 Health recommended 90 db in the maximum of 90 dB. volume of the music inside the sewing section, in Module 3. work place and the IT team has set a limit to the music volume in all modules. Workers who work in the pressing section are always provided with ear plugs. Jun-18 Occupational Safety and Working Environment The level of lighting in the Better Work recommends a S&H Global only uses LED light 3 Health workplace is unacceptable in minimum of 300 Lux for this bulbs, and all light bulbs were sewing, cutting and quality section: Pressing section Better installed again in order to sections. Work recommends a minimum achieve the recommended Lux. of 500 Lux for these sections Sewing, cutting and packing sections Better Work recommends a minimum of 750 Lux for these sections: Trimming and inspection sections Jun-18 Occupational Safety and Welfare Facilities Paper and soap were not Provide soap in the men's Soap and paper were 3 Health available in the men's bathroom bathroom. immediately restocked in the of Module 3. toilets, and this issue was corrected during the assessment. Management trained all security guards and cleaning staff to check for toilet paper [page 150] 149 Jun-18 Occupational Safety and Health Services and First The factory does not provide Ensure that newly workers are Medical checks for workers Health Aid health checks for all workers having their health checks done have been duly done. within the first three months of within the first three months of Main office has spoken with employment. hiring. factory 7's administrator to perform medical check-ups as <oan ae workers are hired Jun-18 Occupational Safety and Health Services and First Interviewed workers stated that Facilitate annual medical check An agreement have been 3 Health Aid the factory does not provide for workers before the end of made with OFATMA to workers with free annual health 2018; perform the medical checks for checks. Ensure that an agenda is set up the workers. internally to perform medical check-ups; Properly document internal rharb ne narfnemnd Jun-18 Occupational Safety and Health Services and First Insufficient number of onsite Have a adequate number of All the nurses' position have 9 Health Aid medical staff. medical staff. been relocated back again into the factory's medical field. Jun-18 Occupational Safety and Health Services and First One bottle of oxygenated water Ensure that the first aid boxes The expired bottle of 9 Health Aid expired in the First aid box are adequately equipped. oxygenated water was located in the washing area. immediately removed and replaced with a new one. The Compliance department trained all the nurses inside the factories to check for any missing drugs or expired chemirale that needed Jun-18 Occupational Safety and Health Services and First Less than 10 percent of the Ensure that 10% of the workforce The training was carried out in 3 Health Aid workforce is trained in first aid is train on first aid; September 2018. In order to administration. - Fortify training methods prevent this issue from re- internally. occurring, now trainings will be carried out internally every 3 months. Jun-18 Occupational Safety and Emergency Preparedness No smoke detector was installed Install a smoke detector in the Smoke detectors have been 9 Health in the fabric warehouse of module. installed accordingly in the module 5. Ensure that maintenance is mentioned areas. The FCOs doing on a regular basis for fire- are responsible to conduct fighting equipment. monthly check-ups in order to Train factory compliance officers see if all smoke detectors are on firefighting equipment. working correctly. Jun-18 Occupational Safety and Emergency Preparedness Several fire extinguishers were Ensure to have adequate Supervisors were trained to 24 Health obstructed by boxes, fan or other procedures in place to monitor routinely check all environment materials and one fire the handling of fire extinguisher; safety in order to avoid future extinguisher found with the - Inspect on a regular basis fire repetitions. pressure gauge broken. extinguishers; Additionally, all compliance -Ensure that fire extinguisher officers and supervisors now remain unobstructed; have a daily checklist routine, - Ensure that fire extinguisher to report OSH issues in an are properly maintained hourly schedule. [page 151] 150 Jun-18 Occupational Safety and Emergency Preparedness Less than the 10 percent of the Ensure that 10% of the workforce Training are scheduled to be 3 Health workforce was trained in is train in firefighting; carried out internally every 3 firefighting. Fortify training methods months. internally; Discuss with top management revardino trainins erhediile Jun-18 Occupational Safety and Emergency Preparedness Evacuation plan not updated. Ensure that the evacuation maps All evacuation routes were re- 6 Health are updated. painted and all unclear evacuation routes were marked with additional arrows in order to make the route more visible and comprehensible. All evacuation maps have been updated and installed in the departments that needed correction. Jun-18 Occupational Safety and Emergency Preparedness Evacuation routes were Ensure that evacuation routes The factory repainted the 3 Health obstructed by boxes in the remain unobstructed; - Assign routes and additionally, packing area of module 1 and 6. accountability to monitor such emphasized the supervision of issues. all evacuation routes. The visibility of the newly repainted evacuation routes will help workers distinguish them better and thus, eradicate obstruction. Workers from the packing area have been retrained regarding where to store finished products without disturbing evacuation routes. Jun-18 Occupational Safety and Emergency Preparedness Fire drills were not conducted Ensure to perform a fire drill The company has conducted 3 Health every 6 months in all buildings. twice a year; an additional emergency drill Schedule an agenda to perform that has been monitored by drill in each module; SONAPI. Document the related evidences. Jun-18 Compensation Paid Leave Pregnant workers were paid Review the payment system The HR Secretary who 18 based on the minimum wage that is reliable; introduced the digits wrongly and not based on the average Train the relevant people that was given an in depth training. earnings. are entering the data. The compliance department carries out in-depth self audits regarding maternity and sick leave to double check all payments and assure they have been carried out properly. Jun-18 Contract and Human Dialogue, Discipline and A physical abuse case in washing Ensure that in line supervisor and The washing manager was 5 Resources Disputes department. managers are aware and given both verbal and written committed to respect the in Warning. place Zero Tolerance policy; The washing manager received Ensure to follow the grievance a Compliance Training policy, the HR procedures and regarding Zero Tolerance Policy dispute resolution policy in place; and the company's internal Investigate performance of regulation.A compliance under policies and policies. training was carried for all expat [page 152] 151 Jun-18 Occupational Safety and OSH Management Systems The OSH Policy has not been Ensure to review the OSH policy Meeting with worker 3 Health developed in consultation with in consultation with worker representatives to be held workers and their representatives in the bipartite before the end of October 2018 representatives. committees. to review the OSH policy. Jun-18 Occupational Safety and Chemicals and Hazardous Several chemicals are not Ensure that all chemicals used All compliance officers and 3 Health Substances included in the inventory. In are included in the inventory and managers were trained on the addition, the inventory does not that the inventory is adequately importance of maintain and include all the location even documented updating their chemical though assessors found that inventory list. chemicals were stored in Training was also provided to. different places all workers using chemicals. The chemical inventory list has been systemized therefore updating the inventory will be effectively done by all departments. Jun-18 Occupational Safety and Chemicals and Hazardous Unidentified containers. Labell all chemicals and The Compliance department 33 Health Substances hazardous substances used in has purchased stickers of the workplace. different sizes that have been attached to all chemical drums and containers, helping workers distinguish and classify the content. The FCO, department supervisor and workers from the chemical shop were re- trained regarding chemical handling procedures and EMS. Jun-18 Occupational Safety and Chemicals and Hazardous Chemicals were not stored -Store chemical in the right All chemicals were moved to 9 Health Substances properly. The storage areas were place; the Chemical room. not adequately ventilated. . -Have written procedures on the The FCO, department usage of chemicals; supervisor and workers from - Train chemical users on the said department were retrained handling of chemical. regarding chemical handling procedures, storing and EMS. Jun-18 Occupational Safety and Chemicals and Hazardous MSDS were not available for - Ensure that MSDS are available All MSDS have been posted in 9 Health Substances several products. where chemicals are used and all chemical using and storing stored. departments. Adequate -Ensure that MSDS are available training was provided to in the local language. relevant employees. Jun-18 Occupational Safety and Chemicals and Hazardous Eye wash stations in the - Ensure that cleaning facility is All supervisors that have eye 9 Health Substances mechanical workshop of module available in the area where wash stations in their 6 and 7 were not functional. chemical are used; departments have been asked - Fix the eye wash station inthe to fill in and change the water mechanical workshop. daily. All supervisors are now required to omplete a daily- checklist that will ensure that eye wash stations are always full and operational for workers [page 153] 152 Jun-18 Occupational Safety and Worker Protection No proper masks were provided Provide adequate PPE to The compliance department 33 Health to workers in the spot cleaning workers in the spot cleaning conducted a H&S training for all area. areas. Assign accountability to workers of the department. supervisor and factory Supervisors were trained to compliance officer to monitor encourage workers to use of the availability of PPE. Train their safety equipments, as spot cleaning area's workers on they could affect other workers” PPE. behaviors too. Jun-18 Occupational Safety and Worker Protection Inadequate personal protective Provide adequate and necessary The Compliance department 33 Health equipment in the mechanic PPE to workers. has conducted numerous workshop of module 5. Trainings related to the use of PPESs to all workers. The supervisor are assigned to check all equipment hourly to ensure all workers are making EDS Jun-18 Occupational Safety and Worker Protection Standing workers in module 1 - Perform regular OSH audits in Standing mats have been stuck 3 Health and module 6 were not provided each module; onto the floor for workers who With foot rests or shock -Train Factory compliance office have standing jobs. absorbing mats. Some chairs on the supply requisition Supervisors have been given provided to the workers were procedures; the duty of checking if any missing back rest. -Ensure that standing workers additional workers need are provided with foot rests or standing matts. Management shock absorbing mats. has removed all the inadequate seats and replaced them with chairs that have back rests. Assessment July 2017 Jul-17 Compensation Paid Leave Incorrect basis used (minimum Employees who receive Payment of holidays has been wage) to calculate legally incentives for piece rate work adjusted accordingly. mandated holiday payments for should be paid based on average workers entitled to incentives. earnings for legally mandated holidays. Jul-17 Compensation Paid Leave incorrect basis used (minimum Employees who receive Payment of weekly rest day wage) to calculate weekly days incentives for piece rate work has been adjusted accordingly payments for workers entitled to should be paid for weekly rest incentives. days based on average earnings. Jul-17 Compensation Paid Leave Incorrect basis (minimum wage) Employees who receive Payment of sick leave has been used to calculate sick for workers incentives for piece rate work adjusted accordingly entitled to incentives. should be paid for sick leaves based on average earnings. Jul-17 Compensation Paid Leave Incorrect basis used to calculate Employees who receive Payment of maternity leave maternity leave payments for incentives for piece rate work has been adjusted accordingly workers entitled to incentives. should be compensated for maternity leaves based on Average eArnines Jul-17 Compensation Social Security and Other incorrect basis used to calculate For workers entitled to incentive Employer's contributions to Benefits the employer's contributions to payments, the employer's ONA has been adjusted ONA. contribution to ONA should be accordingly based on these workers’ base salaries [page 154] 153 Jul-17 Compensation Social Security and Other Employer contributions to Register for the maternity and Company had meetings with Benefits OFATMA. health insurance service with OFATMA representatives in OFATMA. order to make sure that OFATMA services will be available to all workers. Jul-17 Compensation Social Security and Other Workers contributions to Register for the maternity and Company had meetings with Benefits OFATMA. health insurance service with OFATMA representatives in OFATMA. order to make sure that OFATMA services will be available to all workers. Jul-17 Contract and Human Employment Contracts Employment contracts' Company needs to review the The company recategorized all Resources compliance with the labour code. employment status of all temporary workers as regular temporary workers and issue workers. All the relevant adequate contracts. workers have also signed new contracts and are now receiving the legally stipulated benefits for regular workers. Jul-17 Contract and Human Contracting Procedures Non-compliance with legal Ensure overtime hours are within Resources requirements for non-production legal limits. workers (security guards) Jul-17 Occupational Safety and Chemicals and Hazardous Unidentified and unlabeled Properly maintain and store The factory marked various Health Substances chemical containers. chemical products. storage tanks for oil, gas and Assign a person in charge of water. monitoring the chemical labeling The mechanics and the factory process. Compliance officers are in charge of regularly monitoring the labeling process. Jul-17 Occupational Safety and Chemicals and Hazardous No MSDS' posted for chemicals List the chemicals used and All MSDS' have been posted. Health Substances in the spare mechanical parts stored in the noted area and post The Compliance Team is warehouse in Module 1. the required MSDS. This process conducting regular weekly should be monitored regularly. audits to ensure that MSDS' are alwavs available Jul-17 Occupational Safety and Chemicals and Hazardous Non-functional eye wash station. Eye wash stations should be Eye wash station was installed. Health Substances No eye wash station in the maintained properly. mechanical spare parts warehouse. Jul-17 Occupational Safety and Worker Protection Workers in the pressing section Training needed on regular PPE PPE are provided to workers. Health were not using the protective ear usage for both workers and Several trainings, warning plugs provided by the factory. supervisors. letters and disciplinary actions, were implemented. Jul-17 Occupational Safety and Worker Protection Several single needle machines Install finger guards as required. This issue has been Health were missing finger guards. Conduct regular inspections of immediately addressed by safety guards on all machines. installing finger guards as cadinci Jul-17 Occupational Safety and Worker Protection No exit signs posted in Ensure that exit signs are posted Exit signs are posted above all Health warehouse 2. above all exit doors. exit doors. [page 155] 154 Jul-17 Occupational Safety and Working Environment Workplace temperatures. Ensure that the workplace The factory has installed Health temperature does not exceed a cooling systems in all the maximum of 30 C. modules. Several non- functioning exhaust fans were repaired to ensure compliance With this point. Thermometers have been installed in each department to better monitor the temperature. Non- functioning parts of the cooling system are being repaired. Jul-17 Occupational Safety and Working Environment Noise levels exceeded the Ensure that the noise level does The employer monitors the Health recommended limit. not exceed a maximum of 90 noise levels and posted dB.Provide PPE training for both warning signs in the pressing workers and supervisors. area to encourage workers to Ensure that PPE regulations are use ear plugs. Noise warnings strictly applied in the noisy areas. have also been posted in the factory's administration office to warn employees to reduce noise levels at the workplace. Jul-17 Occupational Safety and Welfare Facilities Comply with the legal Provide more restrooms for men. Based on the gender Health requiement for the number of distribution in each unit, some toilets for men and women. of the women's restrooms were reallocated for men. Jul-17 Occupational Safety and Health Services and First Insufficient number of nurses. Hire more nurses. The factory hired additional Health Aid nurses. Jul-17 Occupational Safety and Health Services and First Inadequate number of first aid First aid boxes should be easily Additional first aid boxes have Health Aid boxes; some of the existing accessible and provided been installed in the main boxes are inaccessible. throughout the workplace. storage area. Jul-17 Occupational Safety and Emergency Preparedness Obstructed access to a fire alarm Ensure that all fire alarm Smoke detectors have been Health switch. No smoke detectors in switches are easily accessible. installed in warehouses 1 and 2; the warehouse. Install smoke detectors in the warehouse. Jul-17 Occupational Safety and Emergency Preparedness Unreliable fire extinguisher Ensure that all fire extinguishers All the fire extinguishers have Health maintenance services. are adequately maintained. been placed in their designated locations. Jul-17 Occupational Safety and Emergency Preparedness An evacuation map was missing Provide evacuation maps Evacuation maps have been Health in washing section 1. throughout the factory. posted in all the different sections throughout the factory. Jul-17 Occupational Safety and OSH Management systems Work-related accidents records Submit accidents records to The factory submitted all Health were not submitted to OFATMA. OFATMA on a monthly basis. accidents records to OFATMA. The compliance department is now in charge of ensuring that this is done on a monthly basis. [page 156] 155 Jul-17 Working Time Regular Hours Multiple work schedules Approval from MAST is needed Company obtained an inconsistent with collective for any changes related to approval letter from MAST. All working agreements and the law. working hours. workers are informed of the new working hours. Jul-17 Working Time Overtime Overtime limits Ensure that overtime work does not exceed legal limits. Jul-17 Working Time Overtime Unauthorized overtime work. Obtain MAST's approval prior to performing overtime work. [page 157] 156 BETTER WORK HAITI - 17TH SYNTHESIS REPORT . Factory: Silver Linings S.A Location: Port-Au-Prince Number of workers: 662 Date of registration: Oct-09 Date of last two Better Jun-17 May-18 Advisory and Training Services 13-Sep-18 Advisory visit to investigate the dismissal of trade unions. Meeting with management to review the improvement plan and introduction to the new online progress report. Factory visit to validate the status of OSH issues. 13-Sep-18 PICC meeting to Present the last assessment report and identify priorities. 29-Jun-18 Industry Seminar Chemical Management System 5-Jun-18 Industry Seminar on Supervisory Skills (SST) 1-Jun-18 Industry seminar on Leadership Skills 27-Apr-18 Advisory visit to review employment contract and the internal work rules. Follow up on the chemical action plan. Review the following points in the payroll Annual leave and maternity leave, payments for Weekly rest day and legally mandated holiday, ONA and OFATMA deductions. Factory tour to review OSH ASSESSMENT COMPLIANCE CLUSTER COMPLIANCE POINT DETAILS OF NON COMPLIANCE IMPROVEMENT PRIORITIES REMEDIATION EFFORTS MONTHS Assessment May 2018 May-18 Occupational Safety and Health Services and First The factory does not provide Provide workers health Health Aid workers health checks within the first checks within the first three three months of hiring. months of hiring. May-18 Occupational Safety and Health Services and First The factory did not show evidence Provide annual medical Health Aid of annual medical checks for checks for workers. workers. May-18 Occupational Safety and Health Services and First Onsite medical facilities and staff is Hire the additional medical Health Aid unsufficient. staff. May-18 Occupational Safety and OSH Management Legally required Perform à building safety 30 Health Systems construction/building permits are inspection. not available. May-18 Occupational Safety and OSH Management The OSH policy is not signed by top Translate the OSH policy into 30 Health Systems management and it was not the local language, consult developed in consultation with with worker representatives worker representatives. an ensure that the policy is signed by top management. May-18 Occupational Safety and Welfare Facilities The results of water test revealed Provide free drinking water to The maintenance manager 30 Health the presence of colonies after 48 workers has been assigned to hours manage the water filtration svstem. May-18 Occupational Safety and Worker Protection Standing workers in the stock room Provide standing mats tothe All floor mats have been 31 Health operating without standing standing workers installed to all stations mats. required. [page 158] 157 Assessment December 2017 Dec-17 Compensation Social Security and Other Employer contribution to ONA is Ensure that ONA payment is 18 Benefits less than 6 percent of workers’ base based on the basic salary salaries. instead of worker's minimum wages. Submit the monthly payment within the first 10 working days of the following month. Dec-17 Compensation Social Security and Other Workers' contributions to ONA is Ensure that ONA payment is 18 Benefits base on the minimum wage. based on the basic salary instead of worker's minimum wages. Dec-17 Compensation Social Security and Other Payment of employer's contribution Forward 3 percent of workers’ 18 Benefits for the OFATMA for the maternity base salary to OFATMA for and health insurance is innacurate. maternity and health insurance. Dec-17 Compensation Social Security and Other Payment of workers’ contribution for Collect and forward 3 percent 18 Benefits the OFATMA for the maternity and of workers’ base salary to health insurance is innacurate. OFATMA for maternity and health insurance. Dec-17 Occupational Safety and Chemicals and Hazardous Unlabelled containers of machine oil Labell all hazardous and All containers on the Health Substances in the generators' room. chemicals substances used in production floor and in the workplace. engine room were identified. Dec-17 Occupational Safety and Emergency Preparedness The routes in the storage and Paint evacuation arrows and All markings and painting Health warehouse areas are not clearly signs has been done on the floor marked. and all exits and signs were identified. [page 159] 158 BETTER WORK HAITI - 17TH SYNTHESIS REPORT : Factory: Sewing International S.A Location: Port-au-Prince Number of workers: 2208 Date of registration: Sep-09 Date of last two Jun-18 May-17 Better Work Advisory and Training activities 19-Sep-18 Advisory visit to discuss on the Improvement Plan with HR and Compliance managers. Performed OSH tour for hazard hunting with compliance officer. Discussed OSH issues with OSH committee during advisory visit 19-Sep-18 Sexual Harassment Awareness and Prevention Supervisors 19-Sep-18 Sexual Harassment Awareness and Prevention Middle Management 19-Sep-18 Sexual Harassment Awareness and Prevention Workers 10-Aug-18 Advisory visit to work on the PRI with HR and Compliancer Manager. Review of the assessment Report with members of the bipartite Committee during advisory visit. 29-Jun-18 Industry Seminar on Chemical Management System 9-May-18 Advisory visit to review the management system documents and discuss the functionnning of the PICC with HR manager. Performed review of procedures with HR manager (accident investigation, risk management with the HR manager. 5-May-18 Bipartite Committee (PICC/LKSB/PC) Training ASSESSMENT COMPLIANCE CLUSTER COMPLIANCE POINT DETAILS OF NON COMPLIANCE IMPROVEMENT PRIORITIES REMEDIATION EFFORTS MONTHS Assessment June 2018 Jun-18 Compensation Overtime Wages The factory pays 50 percent above Clarify policy with respect to Management is working to 4 the normal wage for overtime until the conditions of ovetime clarifiy and is considering 5 pm. Any time worked after 4 pm hours and payments through the elimination of all without prior approval is not consultations with worker possible unauthorized compensated. representatives. overtime. Jun-18 Compensation Wage Information, Use Payroll review revealed that wage Ensure that wage deductions, Review of payroll 4 and Deduction deductions, such as loan, made by such as loan, made by the deductions revealed that the employer exceeded 1/6 of employer do not exceeded some payments for 1 out 5 workers’ monthly earnings. 1/6 of workers’ monthly worker loan earnings. reimbursements were still exceeding 1/6 of monthly Jun-18 Compensation Wage Information, Use Time records of overtime hours Ensure that time records of all Management is working to 4 and Deduction worked without prior authorization overtime hours worked are clarifiy and is considering are not recorded in the payroll and recorded in the payroll and the elimination of all are not compensated. compensated. possible unauthorized overtime. [page 160] 159 Jun-18 Compensation Social Security and The last employer contribution Ensure payments are based on Management has plans to 30 Other Benefits based on the minimum wage the worker's basic salary as introduce deductions for instead of worker's basic salary as required by the Haiïtian Labor ONA based on worker's required by the Haïitian Labor Code. Code. basic salary following the recent increase in minimum wage to reduce the impact to workers and the potential for backlash. Jun-18 Compensation Social Security and Workers’ contributions t are based Ensure payments are based on Management has plans to 30 Other Benefits on the minimum wage instead of the worker's basic salary as introduce deductions for the worker's basic salary as required required by the Haitian Labor ONA based on worker's by the Haitian Labor Code. Code. basic salary following the recent increase in minimum wage to reduce the impact to workers and the potential for backlash. Jun-18 Compensation Social Security and Late payment for work related Follow installment agreements 4 Other Benefits accident insurance. approved by OFATMA and make payments according to expected deadlines Jun-18 Compensation Social Security and The calculation of the employer Ensure the employer's Management discussion on 30 Other Benefits contributions made to OFATMA is contribution to OFATMA for the appropriate 2% of the minimum salary for 20 maternity and health contributions are still days worked instead of 3% of insurance is based on 3% of ongoing. workers’ base salary as required by workers’ base salary as EN rantiirad hu lasur Jun-18 Compensation Social Security and The factory collects 2% of Ensure the employer's Management has plans to 30 Other Benefits minimum salary for 20 days contribution to OFATMA for introduce the 3% deduction worked instead of collecting 3% of maternity and health from worker's basic salary workers’ base salary as required by insurance is based on 3% of following recent increase in law. workers’ base salary as minimum wage in order to required by law. minimize potential impact to workers and resulting potential backlash. Jun-18 Contract and Human Termination Calculation of average earning is Compute average earnings Management made the 4 Resources not accurate. based on days actually worked commitment to properly not including holydays and calculate average earnings weekly rest days. based on recommended method of not including holydays and weekly rest days. Jun-18 Contract and Human Termination Annual supplement or bonus upon Verify that payroll system is 4 Resources termination. is not accurate. programmed to respect correct formula and pay correct amount for termination bonus [page 161] 160 Jun-18 Contract and Human Dialogue, Discipline The factory did not applied the Ensure application of the legal 4 Resources and Disputes legal requirements related to requirements related to termination of contracts underthe termination of contracts under article 42 of the labor code when the article 42 of the labor code. terminating workers for gross Follow MAST misconduct. recommendation with the reinstatement of the five union Jun-18 Occupational Safety and OSH Management OSH policy not developed in Enter consultation with Management held 4 Health Systems consultation with workers and their workers and their discussions with members representatives and not signed by representatives on existing of bipartite committee top management, OSH policy for possible input regarding OSH policy and/or modification and content and asked for ensure that it is signed by top _ inputs from worker management. representatives. Policy is Jun-18 Occupational Safety and Chemicals and Incomplete inventory of chemicals Ensure that all chemicals Management is currently 4 Health Hazardous Substances used at the factory. currently in use are tracked designing a sustainable and included in the daily system to track and include inventory. all chemicals in inventory. Jun-18 Occupational Safety and Chemicals and No MSDSs in the chemical room Obtain and post the MSDS for lanagement has eliminated 4 Health Hazardous Substances where chemicals such as Tagout Tagout cleaner and machine the use of TAGOUT cleaner cleaner and machine oil are oil in the chemical room. in production process. The stored. MSDS for machine oil used is being prepared. Jun-18 Occupational Safety and Chemicals and Control and oversight of workers’ Control and oversee worker's 4 Health Hazardous Substances exposure to chemicals and exposure to chemicals and hazardous substances. were hazardous substances. Ensure unavailable during the assessment. isolation of such chemicals. Jun-18 Occupational Safety and Chemicals and inspection worker performing tasks Train workers on proper health Management issued verbal 4 Health Hazardous Substances assigned to spot cleaning without and safety procedures warning to worker and plan supervisor approval in her section to conduct training on where eye wash station was not health and safety available. Jun-18 Occupational Safety and Worker Protection Workers not provided with helmet, Provide helmet, face shield, Management sent order to 4 Health face shield, safety glasses, gloves, safety glasses, gloves, aprons supplier for the required aprons for workers in the welding for workers in the welding equipment workshop. . workshop Jun-18 Occupational Safety and Worker Protection Several workers were not provided Ensure workers are provided Management is purchasing 4 Health chairs with backrest. with chairs with proper chairs with appropriate back backrest rests for workers. Jun-18 Occupational Safety and Worker Protection Machines missing safety guards. Install all the required safety Management has started to 4 Health guards on all sewing replace appropriate safety machines. guards on these particular machines. [page 162] 161 Jun-18 Occupational Safety and Worker Protection Uncovered electrical boxes with Ensure electrical boxes are The order has been placed 4 Health exposed wires in the compressor properly covered with no for materials to provide room. Exposed electrical wires exposed wires. adequate cover to electrical were observed near a source of boxes. water. Jun-18 Occupational Safety and Working Environment Workplace temperatures i exceeded Workplace temperatures Factory purchased 60 Health BW recommendation of 30 C. should be maintained below additional fans to control 30 C. high temperature levels during the summer months. Discussions are being held to consider exhaust fans to draw out the heat through ba vaine Jun-18 Occupational Safety and Working Environment Insufficient light levels in the Improve the lighting level in 4 Health workplace. the workplace. Jun-18 Occupational Safety and Welfare Facilities Insufficient number of toilets. Increase the number of toilets 48 Health and maintain the existing annee Jun-18 Occupational Safety and Welfare Facilities Insufficient eating area Consider expansion of eating 84 Health area and afford workers adequate eating space. Jun-18 Occupational Safety and Health Services and The factory does not provide Continue with the process of Management has partially 84 Health First Aid workers with annual health checks. : medical checks for all the completed the annual workers and ensure medical checks. They will completion for all worker continue with the process population. for all the workers. Jun-18 Occupational Safety and Health Services and Insufficient medical staff. Comply with the Haïitian Labor 84 Health First Aid Code for a factory of this size and have a permanent onsite medical service, with at least 10 nurses and 3 doctor's visits per week Jun-18 Occupational Safety and Emergency The routes in the packing area are Repaint routes in the packing Management is 4 Health Preparedness not clearly marked. area to ensure they are clearly committed to repaint the marked. evacuation routes. Jun-18 Working Time Overtime Workers exceeding 80 hours of Take corrective measures to Management is limiting 84 overtime limits during a trimester. ensure workers do not go over overtime for all workers to 80 hours of overtime during stay within 80 hours per the trimester. trimester limit. Jun-18 Occupational Safety and OSH Management Dust accumulating on the surfaces Provide more efficient cleaning Management is in 4 Health Systems of electrical equipment and equipment for factory floor. discussions to adopt more machines. Combustible materials Consider usage of vacuums efficient cleaning systems. like fabric waste, plastic or paper over broom sticks to prevent are scattered around the workplace. Dust from accumulate on the surfaces of electrical equipment and machines. Combustible materials like fabric waste or paper should [page 163] 162 Assessment May 2017 May-17 Compensation Paid Leave Payment for maternity leaves is Adijust payroll system to The changes have been 72 based on the minimum wage ensure that maternity leave made in the payroll system, instead of the worker's average payment is accurate. payment for maternity daily earnings. leave is based on workers’ average earnings as of June 2017 May-17 Compensation Paid Leave Payment for sick leaves is based on Adjust payroll system to The changes have been 12 the minimum wage instead of the ensure that sick leave payment made in the payroll system, workers’ average daily earnings. is based on workers’ average payment for maternity daily earnings. leave is based on workers" average earnings as of June 2017. May-17 Compensation Social Security and The employer's contribution to Ensure on time and accurate Efforts to remediate this 18 Other Benefits ONA is based on the minimum payments to ONA. The finding are still in process. wage. employer should pay 6 Management is in percent of the workers’ basic consultation with workers salary to ONA. to present some sustainable solutions to ensure on time and Aaccurate navmente May-17 Compensation Social Security and The worker's contribution to ONA is Ensure on time and accurate Efforts to remedliate this 18 Other Benefits based on the minimum wage. payments to ONA. Workers finding are still in process. should contribute 6 percent of Management is in their basic salary to ONA. consultation with workers to present some sustainable solutions to ensure on time and accurate navmente May-17 Compensation Social Security and Employer contribution to OFATMA Collect and forward 3 per cent Efforts to remediate this 5 Other Benefits for maternity and health insurance. of worker's average earnings. finding are still in process. Management is in consultation with workers to present some sustainable solutions to ensure on time and May-17 Compensation Social Security and Collect and forward workers Ensure that 3 per cent of Efforts to remediate this 5 Other Benefits contribution to OFATMA for worker's average earnings finding are still in process. maternity and health insurance. collected and forwarded to Management is in OFATMA for maternity and consultation with workers health insurance. to present some sustainable solutions to ensure on time and accurate navments. May-17 Working Time Overtime Workers from packing, extra and Monitor overtime hours 72 utility worked up to 137 hours of worked in order to comply overtime per trimester. with the 80 hours allowed per trimester [page 164] 163 May-17 Working Time Overtime No authorization has yet been Request authorization to work The factory received 5 obtained from the Ministry of Labor overtime from MAST authorization to perform 1 to perform overtime. hour of overtime per day until May 2018. May-17 Occupational Safety and Health Services and The factory only has 2 nurses and 3 Factory should have at least 9 72 Health First Aid doctor's visits per week. nurses. May-17 Occupational Safety and Health Services and Medical Check for workers upon Ensure that workers receive All newly hired workers 5 Health First Aid hiring. medical checks within their during the August 1st to first three months of hiring. Octoberl8 2018 period have gone through medical evaluation by the onsite doctor. May-17 Occupational Safety and Health Services and Annual medical checks for workers. Ensure annual medical checks 72 Health First Aid is provided to all workers. May-17 Occupational Safety and Health Services and Health checks for workers who are Provide medical checks at Workers exposed to work 5 Health First Aid exposed to work related hazards. least twice a year to workers related hazard have who have been exposed to received a medical check by work related hazard. the on site doctor. May-17 Occupational Safety and Chemicals and Labeling of chemicals and Label all containers and : 5 Health Hazardous Substances hazardous substances in spot display posters on the labeling All containers have been cleaning area. of chemicals substances. labeled, training have been Provide training and identify a 491€ for the spot cleaning person in charge of employees and factory has monitoring. designated a person : monitoring that all containers are labeled. May-17 Occupational Safety and Emergency Fire fighting equipment not Install smoke detectors inthe Factoryis in the process of 5 Health Preparedness installed in the trim warehouse on trim warehouse obtaining pricing from floor 8. identify areas that need several vendors and additional smoke detectors, complete installations by and May 2018. designate a person in charge nf the monthly audit May-17 Occupational Safety and Emergency Emergency exit obstructed with Create an action plan to All emergency exits were 5 Health Preparedness fabric. ensure all the exits remain observed to be opened and unblocked based on the root unobstructed during recent causes identified. advisory visits. May-17 Occupational Safety and Working Environment Workplace temperatures in the Workplace temperatures 48 Health sewing, quality and pressing should be maintained below sections exceeded BW 30 C. recommendation of 30 C. May-17 Occupational Safety and Welfare Facilities Insufficient number of toilets. Ensure that number of toilets 36 Health is compliant with the legal requirements. May-17 Occupational Safety and Welfare Facilities Hand washing facilities and Ensure that soap is available Soap has been made 5 Health adequate soap. at all times in the toilets. available in all toilets. [page 165] 164 May-17 Occupational Safety and Welfare Facilities Eating area is insufficient for the Increase the capacity of the 72 Health total number of workers in the eating area to appropriate factorv. levels. [page 166] 165 BETTER WORK HAITI - 17TH SYNTHESIS REPORT . Factory: Val d'Or Apparel Mfg. S.A Location: Port-au-Prince Number of workers: 1260 Date of BW registration : Sep-14 Date of last two Better Work Sep-17 Nov-16 assessments: Advisory and Training Services 6-Apr-18 Industry Seminar on the Compliance Assessment Tool 14-May-18 Meeting with union members on inadequate cleaning service inside the factory. Discussed efficiency of cleaning operations general director in separate meeting. OSH Tour. 26-Jun-18 Advisory meeting to discuss Improvement plan with Finance Director. Discussed Industrial relations issues with PICC. OSH tour for Hazard Hunting with OSH Officers 29-Jun-18 Chemical Management System 23-Aug-18 Advisory visit to review documentation compensation for legally mandated holydays with Finance director. Held Discussion of OSH issues with PICC. OSH tour with PICC OSH focal points. 27-Sep-18 Training on Sexual Harassment Awareness and Prevention Middle Management 27-Sep-18 Training on Sexual Harassment Awareness and Prevention Workers 27-Sep-18 Training on Sexual Harassment Awareness and Prevention Supervisors ASSESSMENT COMPLIANCE CLUSTER COMPLIANCE POINT DETAILS OF NON COMPLIANCE IMPROVEMENT PRIORITIES REMEDIATION EFFORTS MONTHS Assessment September 2017 Sep-17 Compensation Overtime Wages Some workers were not paid 50 Comply with the law regarding the Management has eliminated most 12 percent premium for overtime hours overtime payment. of overtime hours. All occasional worked. overtime are accurately paid per recent verification. Sep-17 Compensation Premium Pay Workers were not paid 50 percent Comply with law regarding the Management is reprogramming its 12 above the normal wage for regular overtime payment. payroll system to properly account hours worked on legally mandated and pay for regular hours worked holidays. on legally mandated holydays. Sep-17 Compensation Paid Leave Payments for non-working holidays Comply with the law regarding the Management is reprogramming its 12 are based on the minimum wage payment for non-working payroll system to comply with the instead of average earnings. Holidays. law. Sep-17 Compensation Paid Leave Payments for weekly rest days are Comply with the law regarding the Weekly rest day is paid by 12 based on the minimum wage instead payment for weekly rest day. management although not of average earnings. currently required under new law. Sep-17 Compensation Social Security and The factory calculates ONA Comply with the law regarding 12 Other Benefits contributions based on the minimum ONA's contributions. wage instead of the base salary. Sep-17 Compensation Social Security and ONA deductions are based on the Comply with the law regarding 12 Other Benefits payroll of the last 2 weeks of each ONA's deductions. month instead of the full month. Late ONA payment . [page 167] 166 Sep-17 Compensation Social Security and The factory has not registered with Register with OFATMA for Factory completed registration 35 Other Benefits OFATMA for maternity and health maternity and health insurance. with OFATMA for maternity and insurance. Management said that the health insurance during the last registration is in process. cycle. Sep-17 Compensation Social Security and The factory has not registered with Register with OFATMA for Factory completed registration 35 Other Benefits OFATMA for maternity and health maternity and Health Insurance. with OFATMA for maternity and insurance. health insurance during the last Sep-17 Contract and Human Employment Contracts The daily break duration listed inthe Align contracts with internal work Factory modified internal rules to 12 Resources contracts is not in line with the rules. align with agreement with workers internal work rules. on lunch break pending labor ministry approval. Sep-17 Contract and Human Contracting Procedures Foreign worker's contracts do not Specify the type of employment Foreign worker's contracts specify 12 Resources specify the period of employment and in the foreign workers’ contracts. the period of employment and the the hours of work and these workers Ensure that all workers are hours of work and they are are not covered by work-related covered by the OFATMA for work covered by the OFATMA for work accident insurance. related accidents. related accidents. Sep-17 Contract and Human Dialogue, Discipline and Workers reported incidents of verbal Plan training for supervisors and Management has started training Ps) Resources Disputes abuse by supervisors and managers. managers on supervisory skills. for all supervisors on verbal abuse prevention. Sep-17 Occupational Safety and Chemicals and The factory does not maintain an Maintain a detailed inventory of 12 Health Hazardous Substances updated inventory of chemicals and the chemicals used in the hazardous substances. workplace. Sep-17 Occupational Safety and Chemicals and Chemnicals and hazardous substances Label all containers used in the 12 Health Hazardous Substances are not properly labeled. workplace in local language. Sep-17 Occupational Safety and Chemicals and The chemical warehouse did not have Provide MSDS for all chemicals or 12 Health Hazardous Substances all the required MSDS. hazardous substances used in the workplace. Sep-17 Occupational Safety and Chemicals and The factory did not show evidence of Provide training to workers who Management provided training 12 Health Hazardous Substances training for workers who use use chemicals and hazardous internally. chemicals and hazardous substances. substances. Sep-17 Occupational Safety and Worker Protection Management has not provided proper Provide proper Personal 23 Health masks and goggles to workers inthe protective equipment to workers. boiler area. Provide goggles to workers in the boiler area. Sep-17 Occupational Safety and Worker Protection 70 percent of workers in the sewing Provide training on the using of Subsequent advisory visits and 22 Health area were not using the installed sewing machine guards. most recent assessment did not safety eye guards. see workers not using safety guards. Factory provided training during the cycle. Sep-17 Occupational Safety and Worker Protection Pregnant women were observed in Provide workers with chairs with Pregnant are provided with 22 Health chairs without backrests. adequate back rest that is also adequate chairs. Management is adjustable to required Height at still in process of providing for their respective work stations. remaining workforce where required. [page 168] 167 Sep-17 Occupational Safety and Working Environment Interviewed workers stated that the Use a push and pull-type 24 Health workplace temperature was too high. ventilation. Provide or relocate The employer's daily temperature windows in higher position. Use measurements also identified ceiling fans in order to increase temperatures above 30 C (reaching up the hot air flow directed towards to 35 C). the outside. Conduct regular measurement of temperature. Sep-17 Occupational Safety and Welfare Facilities The factory has 7 functioning toilets Comply with legal requirements 23 Health for men and 35 toilets for women. regarding the number of toilets. Under the Haitian Labor Code, there should be at least one toilet for every 25 men and one toilet for every 15 women. Sep-17 Occupational Safety and Health Services and First The factory did not show evidence of Coordinate with OFATMA or 26 Health Aid medical checks conducted for workers internal doctor to perform Within the first three months of hiring. adequate medical checks within 90 days of hiring. Sep-17 Occupational Safety and Health Services and First The factory did not provide health Coordinate with OFATMA or 27 Health Aid checks to workers who have been internal doctor to perform the exposed to work-related hazards. relevant medical checks. Sep-17 Occupational Safety and Health Services and First The factory did not show evidence of Provide free annual checks for all 28 Health Aid annual medical checks for workers. workers once a year in all factories. Sep-17 Occupational Safety and Health Services and First Insufficient medical staff. Increase the number of nurse to 6 29 Health Aid and ensure that the factory received 5 doctor's visits per week. Sep-17 Occupational Safety and Emergency Missing and obstructed fire Ensure that all fire extinguishers No fire extinguishers were 36 Health Preparedness extinguishers. are accessible and unobstructed. observed to be obstructed during subsequent advisory visits nor during most recent assessment. Sep-17 Occupational Safety and Emergency Aisles obstructed by fabric rolls and Assign OSH Committee members 31 Health Preparedness boxes in the workplace. to work with supervisors regularly to check the aisles and ensure that they are not obstructed. Sep-17 Occupational Safety and Emergency Obstructed and closed emergency Ensure that emergency exit doors Management left doors opened 32 Health Preparedness exits found in the workplace. are accessible and can be opened half way with security guards in without obstruction or delay. attendance in order to open fully in the event of an evacuation. Sep-17 Occupational Safety and Emergency No operating procedures available for Obtain proper manual for boiler 33 Health Preparedness the boiler. from the manufacturer. Provide operator with a log to record daily operations. Sep-17 Working Time Overtime A review of attendance records Monitor working hours to ensure Management has taken measures 28 revealed that the factory exceeds the that the limit of 80 hours for a to limit overtime to a strict legal overtime limit for workers inthe trimester is not exceeded. minimum. production, cleaning and cut control areas. [page 169] 168 Sep-17 Working Time Overtime The last authorization for overtime Obtain proper authorization for This requirement is no longer a 29 was obtained for the period starting overtime when required. legal obligation under the new law. from March to August 2017. Assessment November 2016 Nov-16 Discrimination Gender Confirmed case of sexual harassment Maintain a strict policy against Factory management conducted Li sexual harassment at the their own internal investigation workplace and systematically train and then implemented the newly hired workers, supervisors following actions and managers on this topic. 1) Training for supervisors and Strengthen and encourage the use managers on sexual harassment of grievance reporting prevention mechanisms and address any 2) Distribution of Valdor's policy cases at an early stage. against sexual harassment to supervisors 3) Posting the creole version of the policy on the bulletin board 4) Disciplinary measures taken against the supervisory staff Nov-16 Compensation Païid Leave The payment for sick leaves is not Accurately compensate workers involved in the reported cases. Ps) accurate for all workers. for sick leaves in accordance with Sick leave is now correctly legal requirements. compensated regarding to the Haitian Labor Code. Nov-16 Compensation Paid Leave The payment for maternity leaves is Accurately compensate workers The sick leave is correctly paid Ps) not accurate for all workers. for sick leaves in accordance with now. It is based on average legal requirements. earnings. Nov-16 Compensation Social Security and The factory has not registered with the Ensure that the factory is affiliated The factory invited OFATMA to Ps) Other Benefits health and maternity insurance to the health and maternity promote the program with the provider of OFATMA. insurance by OFATMA. workers before they start with registration. Nov-16 Compensation Social Security and The factory does not collect and Ensure that the factory is affiliated The factory invited OFATMA to Ps) Other Benefits forward worker's contribution forthe to the health and maternity promote the program with the health and maternity insurance of insurance by OFATMA. workers before they start with OFATMA. registration Nov-16 Contract and Human Dialogue, Discipline and Verbal abuse cases were found atthe Reinforce the grievance The factory has launched a series L Resources Disputes factory. mechanism system. Provide of training sessions for supervisors training on supervisory skills. Post and management. Awareness messages encouraging mutual raising posters are displayed on respect throughout the workplace. the bulletin board to encourage workers to use the suggestion boxes or to report any abuses from supervisors and managers directly tn tha LD Nov-16 Occupational Safety and Worker Protection The maintenance staff were not using Train workers on the usage of The factory planned to perform ul Health dust masks and gloves, which were PPE. Continuous training for the provided by management. maintenance crew and production operators along the year. They have already held regulars reminder cnccinne Nov-16 Occupational Safety and Worker Protection Exposed electrical wire found in the Establish and maintain an Electrical wires are properly ul Health workplace. effective electrical installation maintained by the factory management system. electrician. [page 170] 169 Nov-16 Occupational Safety and Welfare Facilities Insufficient number of toilets. Provide an adequate number of Management agreed to contact Li Health accessible toilets for all workers in the owner of the industrial park to accordance with the Haitian labor study the feasibility of adding new code. toilets. In the meantime, they will try to reallocate some of the men's toilets for the women Nov-16 Occupational Safety and Welfare Facilities During the factory tour, EAs observed Establish and maintain an Management regularly supplied Li Health that there was no soap in the workers’ effective OSH management soap to all the toilets. Also, toilets. system. management aims to train the personnel working in the toilets to monitor this issue regularly. Nov-16 Occupational Safety and Health Services and First Insufficient number of medical staff. Comply with the Haitian Labor The factory has signed à new L Health Aid Code regarding the provision of contract with the medical services onsite medical services. provider DASH which include a 5 day Doctor visits as of June 1st, and one nurse. The factory has hired three additional nurses. The factory is in compliance with the articles 478 & 479 of the Haitian Labor Cana Nov-16 Occupational Safety and Health Services and First First aid boxes not well supplied. Ensure that all first-aid boxes are The OSH team is being re-trained ul Health Aid adequately equipped and can be on these requirements as some of easily accessible in a timely the previously trained members manner. have resigned. All the listed products are in the first aid boxes. During the last advisory the box were opened within the 2 minutes Nov-16 Occupational Safety and Emergency Obstructed and misplaced fire Adequately maintain all All fire extinguisher area were ul Health Preparedness extinguishers found in the workplace. firefighting equipment so that cleaned up and the firefighting they are easily accessible in case equipment's were easily of emergencies. accessible. Nov-16 Occupational Safety and Emergency Several exit doors could not be fully Ensure that the emergency exits Management has installed plastic ul Health Preparedness opened and two other exit doors were are unlocked and unobstructed curtains on all exits doors to let found locked. during working hours. To reduce those emergency exits unlocked the impact of the wind on work and to reduce the impact of the processes, management will also wind. install plastic curtains on the door ways. Nov-16 Occupational Safety and Healt Emergency Preparedness Cell phones were being charged Provide a designated phone A cell phone charging station was ir L inappropriately throughout the charging station and post "No workplace. phone charging” signs in all other areas throughout the workplace. [page 171] 170 BETTER WORK HAITI - 17TH SYNTHESIS REPORT Factory: The Willbes Haitian 11 SA. e Location Port-au-Prince Number of workers: 1405 Date of registration Aug-10 Date of last two Better Work _Jun-16 Jul-18 Advisory and Training 24-Aug-18 Meeting with management on March and April strike. Review of the termination files and procedures. Interview conducted with workers and trade unions on the March an April strikes. 20-Apr-18 Discussion with compliance team on Progress report 1 new template and improvement plan update.Factory tour with OSH- OSH committee members to validate OSH remediations. 28-Jan-18 Heavy Load Lifting & Accident investigation Training ASSESSMENT COMPLIANCE CLUSTER COMPLIANCE POINT DETAILS OF NON COMPLIANCE IMPROVEMENT PRIORITIES REMEDIATION EFFORTS MONTHS Assessment July 2018 Jul-18 Occupational Safety and OSH Management Systems The employer has not developed any mechanism Have a functioning OSH committee that is The factory has an active OSH committee. s Health to ensure cooperation on OSH matters. involved in developing mechanism to ensure | Meeting are being carry out on a monthly cooperation basis. Jul-18 Occupational Safety and OSH Management Systems The OSH policy has not been developed in Update the OSH policy with the participation OSH policy will be develop with consultation s Health consultation with workers and their representatives of the worker representatives. with the OSH committee members. Facility and is not signed by top management. will ensure to properly sign the OSH policy. Jul-18 Occupational Safety and Worker Protection Workers in the mechanic shop only operated with -Provide gloves to the workers of the Facility will ensure to provide gloves to the 67 Health goggles and were not provided with gloves. mechanic shop workers of the mechanic shop. -Ensure that workers are provided with Workers will be properly trained in use of the necessary PPE _ -Train workers tousethe PPE provided PPE when necessary. Jut-18 Occupational Safety and Worker Protection Standing workers in the packing area of building 43. Provide shock absorbing mats to standing Facility will ensure to provide additional s Health did not have shock absorbing mats. workers. standing mats to workers in standing position at building # 43. Jul-18 Occupational Safety and Worker Protection Poorly maintained electrical box with lose wires Meintain regularly the electrical installations. Electrical box with lose wires at the mechanic 82 Health covered with black tape in the mechanic shop of shop will be properly covered. Maintenance building 42. personnel will be properly trained Jut-18 Occupational Safety and Working Environment The workplace temperatures exceeded the Monitor the worplace temperature to Inadequate temperature will be revised. s Health recommended 30 C in the packing , pressing , maintain it to a maximum of 30 C. cutting, quality sections. Jul-18 Occupational Safety and Working Environment The level of lighting was inadequate in the pressing | Improve the Lux level in the pressing Inadequate light levels will be revised G Health section section. Jut-18 Occupational Safety and Health Services and First Aid Insufficient number of onsite medical staff. Hire a permanent medical staff with 6 nurses _ Facility has a permanent medical staff. 82 Health and 3 doctor's visit. Facility does not have plan to increase Jul-18 Occupational Safety and Health Services and First Aid Missing items in the first aid box such as Alcohol, Have adequate first aid box available forthe … Facility will ensure that the content of 1 first s Health scisors and forceps workers with necessary products. aid kit in building 42 matches with The items included in the check list. Alcohol, scissor and forceps will be added Assessment March 2018 Mar-17 Compensation Paid Leave The payments for non-working holidays are based … Ensure to pay non-working holidays on The payroll system has already been u on the minimum wage instead of average earnings. average earnings. changed, so that the non-worked holidays are paid based on the average earnings. [page 172] 171 Mar-17 Compensation Paid Leave The payments for weekly rest days are based on Ensure that payments for weekly rest days The payroll system has already been already nl the minimum wage instead of average earnings.. are based on the average earnings. changed, so that the weekly rest days are paid based on the average earnings. Mar-17 Compensation Paid Leave The payments for sick leave are based on the Ensure that payments for sick leave are Payment system has been reviewed and all 22 minimum wage instead of average earnings based on the average earnings. the necessary adjustment been made. Sick leaves are paid based on average earnings Mar-17 Compensation Social Security and Other Benefits ONA contributions is based on the minimum Ensure that ONA contributions are based on The contribution to ONA for all Willbes L wage instead of the base salary. base salary. factories is paid based on the workers base salary. Mar-17 Compensation Social Security and Other Benefits Contributions to ONA is calculated based onthe Ensure that ONA contributions are based on | ONA contributions are based on base salary. 11 minimum wage instead of the base salary. base salary. Facility properly collects and fonwards workers’ contributions to ONA. Mar-17 Compensation Social Security and Other Benefits The factory has not registered with OFATMA for Register with OFATMA for maternity and The Willbes Haitian S.A has initiated the L maternity and health insurance. Health insurance. registration process with OFATMA, by paying the Company's contribution. The factory forwarded OFATMAS' deduction for the month of September 2017 Mar-17 Compensation Social Security and Other Benefits The factory has not registered with OFATMA for Register with OFATMA for maternity and The Willbes Haitian S.A has initiated the u maternity and health insurance. Health insurance. registration process with OFATMA, by paying the Company's contribution. The factory forwarded OFATMA'S deductions for the month of September 2017 Mar-17 Occupational Safety and Chemicals and Hazardous No updated inventory of chemicals and hazardous Keep an updated inventory of chemicals and … Facility normally keeps an inventory of all L Health Substances substances used in the workplace. hazardous substances used in the workplace …chemicals used: the records were not updated due to a shipment received near the audit date and chemicals were not on inventory. The chemicals inventory logbook will be updated and kept normally going forward Mar-17 Occupational Safety and Chemicals and Hazardous Unidentified containers of chemicals. Label all containers of chemicals in Creole- Facility ensured to have all chemical an Health Substances Train mechanics on Occupational Safety containers properly labeled and identified in and Health concerns. local language in all factories areas. Mar-17 Occupational Safety and Chemicals and Hazardous Chemicals are not properly storedi Ensure that chemicals are properly stored. Facility ensured to have all chemical L Health Substances substances properly stored. Workers received on storage methods provided by Better Work Mar-17 Occupational Safety and Chemicals and Hazardous No MSDS' were posted for thinner, HP control and Post MSDS' were chemicals are used. Ensure All chemical substances were provided with 11 Health Substances EBD cleaner in the chemical room. that they are clearly labelled the MSDS. Mar-17 Occupational Safety and Chemicals and Hazardous Documented evidence of actions taken by Keep records of awareness and training The factory keeps records of any training L Health Substances management to control and oversee workers" provided to workers. Post awareness provided to workers. exposure to chemicals and hazardous substances message on appropriate places throughout were unavailable during the assessment. the workplace. Mar-17 Occupational Safety and Chemicals and Hazardous No eye wash station in the spot cleaning area of Provide washing facility where needed, Facility installed the eye wash station atthe 34 Health Substances building 45 especially in the spot cleaning spot cleaning room Mar-17 Occupational Safety and Worker Protection Workers using thinner, in the inspection area in Provide mask to workers that are This practice was stopped immediately. All 61 Health building 42, were not wearing any protective manipulating chemicals. Provide training to work related to chernicals substances is been masks. exposed workers on the usage of protective done at the spot cleaning area where workers Management had the chemicals removed during equipment. are provided with the necessary PPE'S to the assessment. perform their duties Mar-17 Occupational Safety and Worker Protection Several workers in buildings 41 and 42 were not Ensure that all machines have their Allthe machines have their necessary 76 Health using the safety guards installed on their necessary guards. Train workers and guards.Training scheduled for supervisors on machines, supervisors on OSH matters. OSH in September. [page 173] 172 Mar-17 Occupational Safety and Worker Protection 85 percent of single needlle machines in buildings _ Ensure that all machines have their All single needle machines were provided 76 Health Al and 42 are missing finger guards. necessary guards. Train workers and with its needle guards supervisors on OSH matters. Mar-17 Occupational Safety and Worker Protection Several uncovered electrical boxes with exposed Regularly maintain electrical equipment. All electrical boxes were already covered! 76 Health wires and cables and other electrical equipment Keep a log of weekly inspection Mechanics received a training on were improperly stored in the packing and pressing Occupational Safety and Health sections of buildine 43. Mar-17 Occupational Safety and Welfare Facilities Insufficient number of toilets for women. Comply with the law regarding the number 22 additional toilets have been added. The 76 Health of functioning toilets. factory does not have more plans to increase the number of toilets as we comply with International standards. Building additional toilets would be hard due to the lack of space. Mar-17 Occupational Safety and Health Services and First Aid No systematic medical checks were arranged for Arrange, at least, twice a year, medical All mandatory medical checks for all Willbes 76 Health workers exposed to work-related hazards. checks for workers exposed to work-related factory workers have been started already. hazards, The plan will take around 4 months. Additional checks are being requested to OFATMA as welLAlso:the factory changed the doctor's contract to full-time and started with the medical checks. Mar-17 Occupational Safety and Health Services and First Aid No systematic annual medical checks for all Arrange, at least, once a year, medical checks _ All mandatory medical checks for all Willbes 76 Health workers. for all workers factory workers have been started already. The plan will take around 4 months. Additional checks are being requested to OFATMA as well Also,the factory changed the doctor's contract to full-time and started with the medical checks. Mar-17 Occupational Safety and Health Services and First Aid Insufficient medical staff. Have an appropriate number of medical staff Facility has an additional clinic on site. 76 Health according to their workforce as required by Management is making all the aragement in Haïtian Labor Code. order to increase our medical staff. Mar-17 Occupational Safety and Emergency Preparedness Several obstructed fire alarms switches were Ensure to have appropriate fire fighting Faicility took immediate action on these L Heaith observed in buildings 42 and 43. No smoke equipment. Install smoke detectotors in findings. Fire alarms are properly maintained detectors were observed in buildings 41, 44 and buildings 41,44,46. and accesible, switches are properly covered 46. Smoke detectors will be installed shortiy. Mar-17 Occupational Safety and Emergency Preparedness Fire extinguisher not properly maintained. Regularly maintain fire extinguishers. Keep Fire extinguishers were installed in the 76 Heaith an OSH checklist to update regularly. designated areas and properly maintained Perform regularly internal OSH assessment. Mar-17 Occupational Safety and Emergency Preparedness Inaccurate evacuation map. Post the updated evacuation plan. Equip The evacuation plan has been updated L Health exits with emergency exit lights. Accordingly according to the new layout of the floor. New mark the floor with the new layout. emergency exit lights have been purchased and installed Mar-17 Occupational Safety and Emergency Preparedness One exit was locked Keep the exits accessible during working Facility already has emergency exit nl Heaith hours accessible. Construction works already Jun-16 Compensation Paid Leave Inaccurate payment for annual leave. Pay the maternity leave payments based on Maternity leave payments is based on the the average earnings. average of all earnings from the last three months of work. Jun-16 Compensation Paid Leave Inaccurate payment for breastfeeding breaks. Pay breastfeeding breaks based on the Nursing workers receive compensation based module's eamnings. on the module's earnings for the time taken for the breastfeeding break Jun-16 Compensation Paid Leave Calculation of annual salary supplements or Pay the maternity leave payments based on Maternity leave payment is considered as a bonuses was inaccurate. the average earnings. part of total earnings when calculating annual salary supplements or bonuses. Jun-16 Occupational Safety and Chemicals and Hazardous Unlabelled containers in the chemical room of Ensure that all chemical containers are All chemical containers were properly labeled Health Substances Thinner. labeled and stored properly. at the chemical warehouse. [page 174] 173 Jun-16 Occupational Safety and Chemicals and Hazardous MSDS were missing for two chemical products Ensure that all chemical products are Thinner is no longer used in the boiler room Health Substances found in the material room in building 42. properly stored and provided with MSDS. orthe cutting area, facility ensured that all chemical products are properly stored and provided with MSDS, Jun-16 Occupational Safety and Chemicals and Hazardous Inadequate washing facilities or cleansing materials … Provide adequate washing facilities in areas The ink preparation room was equipped with Health Substances in the event of chemical exposure where chemicals are regularly used an eye wash station and the one in the chemical room has been repaired Jun-16 Occupational Safety and Worker Protection Workers in the generator and the boiler rooms were _ Provide earplugs to the workers in the Earplugs were provided to workers in the Health not provided with adequate personal protective generator room and heat protective aprons generator room. clothing and equipment. for those in the boiler room Jun-16 Occupational Safety and Worker Protection Several machines were observed to be missing eye … Equip all machines with the necessary safety All sewing machines were provided with its Health guards and finger guards guards. Train the supervisors on the respective safety guards. importance of the guards. Jun-16 Occupational Safety and Worker Protection Electrical boxes were improperly maintained Ensure that all electrical boxes are covered. Al the electrical boxes are properly covered. Health Jun-16 Occupational Safety and Working Environment Workplace temperatures exceeded the Monitor the workplace temperature to A cooling system has been installed. Health recommended limits. maintain it under the recommended 30 C Jun-16 Occupational Safety and Welfare Facilities Insufficient number of toilets for women. Comply with the Haïtian law regardingthe © Health provision of toilets Jun-16 Occupational Safety and Welfare Facilities The eating area could not adequately Provide adequate eating areas to Two new eating areas are available for the Health accommodate all workers during lunch break. accommodate all workers. workers. Jun-16 Occupational Safety and Health Services and First Aid No medical check during the first three months of Conduct medical checks for newly recruited All mandatory medical checks for all Willbes Health employment. workers. factory workers have started already. The plan will take around 4 months. Additional checks are being requested to OFATMA as well Jun-16 Occupational Safety and Health Services and First Aid The factory does not conduct regular health checks Ensure that all workers who are exposed to All mandatory medical checks for all Willbes Health for workers who are exposed to work-related work-related hazards receive biannual factory workers have started already. The hazards, medical checks. plan will take around 4 months. Additional checks are being requested to OFATMA as well Jun-16 Occupational Safety and Health Services and First Aid Not all the workers receive annual medical checks. … Perform annual health checks for all workers, The factory has a doctor who will provide Health health checks to workers on a regular basis. Jun-16 Occupational Safety and Health Services and First Aid Insufficient number of onsite medical staff. Hire a permanent medical staff with 6 nurses … Facility has an additional clinic on site. All the Health and 3 doctors visit arrangement are being made in order to increase the medical staff. The factory has 6 doctors' visits per week. Jun-16 Occupational Safety and Emergency Preparedness Access to fire extinguishers were obstructed! Keep fire extinguisher accessible Al fire extinguishers are easily accessible and Health unobstructed. Members of compliance team are doing OSH daily tours to ensure that extinguishers are unobstructed [page 175] 174 BETTER WORK HAITI - 17TH SYNTHESIS REPORT Factory: The WILLBES Haiîtian III SA o Location: Port-au-Prince Number of workers 728 Date of registration Aug-10 Date of last two Better Work Jun-18 May-17 Advisory and Training Services 24-Aug-18 Discussion with compliance team on Progress report 1 new template and Improvement plan update.Factory tour with OSH- OSH committee members to validate OSH remediations. 20-Apr-18 Meeting with management on March and April strike.Review of the termination files and procedures.Interview conducted with workers and trade unions on the March an April strikes. 6-Apr-18 Compliance Assessment Tool Industry Seminar ASSESSMENT COMPLIANCE CLUSTER COMPLIANCE POINT DETAILS OF NON COMPLIANCE IMPROVEMENT PRIORITIES REMEDIATION EFFORTS MONTHS Assessment July 2018 Jul-18 Compensation Social Security and Other Late ONA payment. Ensure ONA contributions is paid Management ensure that ONA payment 26 Benefits within the first 10 working days of each is done between the first 10 working days month for the previous month. of each month. Jul-18 Compensation Social Security and Other Late ONA payment Ensure ONA contributions is paid Management ensure that ONA payment 26 Benefits within the first 10 working days of each is done between the first 10 working days month for the previous month: of each month. Jul-18 Occupational Safety and OSH Management Systems The employer has not developed any Establish a functioning OSH Facility has records of OSH assessment 2 Health mechanism to ensure cooperation on committee. Hold regular OSH on à monthly basis. Records were not OSH matters. committee meetings. shown to auditor by mistake on last assessment. Jul-18 Occupational Safety and OSH Management Systems The factory has a written OSH policy Consult workers representative in any The factory has an OSH policy signed by 2 Health which is not signed by top change related to OSH policy. top management. Workers management. representative will be informed of any changes of the OSH policy. Jul-18 Occupational Safety and Chemicals and Hazardous The inventory does not include all the Keep an inventory that includes all All chemical used at the facility are 2 Health Substances hazardous substances used in the chemicals used in the workplace included in the chemical inventory. KCC workplace. paint and EYB 143 won't be at the chemical inventory as the factory does not use it anymore. They will be removed from the chemical warehouse. Jul-18 Occupational Safety and Chemicals and Hazardous Unidentified containers Label all contained used in the Facility ensure to have all chemical 16 Health Substances workplace. Train relevant workers on containers properly labeled chemical handling. Jul-18 Occupational Safety and Chemicals and Hazardous No MSDSs were available in the Ensure that the MSDS are available for All MSDS for the chemical used at the 26 Health Substances mechanic shop of building 34 were allthe chemicals and hazardous factory are available at the work station: chemicals are used such as solvent (substances used in the workplace. KM). Jul-18 Occupational Safety and Chemicals and Hazardous No eye wash station in the mechanic Ensure washing facilities are available An eye wash station wont be installed at 2 Health Substances shop of building 34 where chemicals in the area where chemicals and the mechanic shop. facility will look for and hazardous substances are used. hazardous substances are used an alternative solution to this matter. [page 176] 175 Jut-18 Occupational Safety and Worker Protection Missing pulley guards: Provide all the machines with the Facility will do a general inspection on 26 Health necessary guards sewing machines in order to ensure that all moving part are proper covered: Ju-18 Occupational Safety and Worker Protection One uncovered electrical panel with Maintain the electrical installations The electrical panel with exposed wires in 16 Health exposed wires in the mezzanine of regularly. Ensure the electrical B C Grades (mezzanine ) of building 34 building 34. In the generator room the installation remain unobstructed. was properly covered! batteries terminals were missing insulation covers. Jul-18 Occupational Safety and Worker Protection One electrical panel found missing Post hazard sign on all electrical panel. Facility will ensure to properly sign the 16 Health appropriate safety warnings. electrical control panel at the mezzanine. Jut-18 Occupational Safety and Working Environment The level of lighting in the workplace is … Ensure that the level of lighting comply … Facility goes beyond Better Work 16 Health unacceptable in the two sections. with the Better Work recommendations of lux for all the recommendations. working sections. Internal audits are performed regularly to ensure that the light level level is appropriate Jut-18 Occupational Safety and Welfare Facilities Insufficient number of toilets for Ensure to have an adequate number of Factory does not have any plans for 8 Health women. toilets. With its current workforce, the installing additional toilets. factory should have 47 functioning toilets for women: Jut-18 Occupational Safety and Health Services and First Aid The factory does not provide Arrange health checks for workers HR Manager was properly trainedi 81 Health systematic health checks to workers within the first three months of hiring. Systematic health checks to workers will within the first three months of hiring be provide within the first three months of hiring. Jut-18 Occupational Safety and Health Services and First Aid Insufficient number of onsite medical Ensure to have a permanent onsite Factory does not have plans to increase 8 Health staff. medical staff of 4 nurses and 3 medical staff. doctor's visits per week. Jut-18 Occupational Safety and Health Services and First Aid The employer did not provide a Ensure that the first aid box are Expired products such as Pro-Dovidine 2 Health sufficient number of readily accessible … inspected on a regular basis. Replace in 2 first aid boxes were removed first aid boxes/supplies in the expired products. immediately. Facility will ensure to workplace inspect all first aid kits on a weekly basis. This issue was corrected during the assessment. Jut-18 Occupational Safety and Emergency Preparedness One fire extinguisher with low pressure Ensure that the fire-fighting system are Management will ensure to have all fire 2 Health in the material warehouse. Also one maintained on à regular basis. extinguisher properly charged. overcharged fire extinguisher near the cutting area Jut-18 Occupational Safety and Emergency Preparedness The evacuation plan is not updated Upgrade the evacuation plan A separate evacuation plan was drawn 16 Health accordingly. Ensure that mezzanine is for the mezzanine included with indication of escape routes for it Jut-18 Working Time Regular Hours The factory's working hours for all Post the working time including break Facility will ensure to have the working 16 shifts including break time were not time inside the workplace. time including break time posted inside posted by the employer. the workplace. Jut-18 Working Time Leave The policy on the breastfeeding break Ensure that the break for breastfeeding HR Manager was properly trained. When 2 is not fully applied: are applied systematically. returning from maternity leave, female workers are entitled to 1 hour per day to breastfeed. À contentment form is signed as evidence of their will Assessment Februrary 2018 [page 177] 176 Feb-17 Compensation Overtime Wages Workers are entitled to a 1 hour break Provide one hour break as indicated in Lunch break time is being respected, period. However, in practice workers the internal work rules. factory posted some signage to let only receive a 30-minute break. workers know about one hour break for lunch. Feb-17 Compensation Overtime Wages Night shift payment. Pay night shift accordingly. Facility made all the necessary adjustment on the payroll in order to properly compensate overtime work at night shift. The correct payment can be verify upon the night shift re-opens. Feb-17 Compensation Paid Leave Payments for non-working holidays Paythe legally mandated holiday on The payroll system has already been are based on the minimum wage an average earnings. changed, so that the non-worked instead of average earnings. holidays are paid based on the average earings.. Feb-17 Compensation Paid Leave Payments for weekly rest days are Pay weekly rest day on an average The payroll system has already been based on the minimum wage instead … earnings changed, so that the non-worked of average earnings. holidays are paid based on the average earnings. Feb-17 Compensation Social Security and Other The factory did not pay the required Pay ONA accordingly for all workers The required employer contribution to Benefits employer contribution to ONA for the that have been working at the factory ONA for the workers in the printing workers in the printing building . The for more than three months. building has already been paid. contribution to ONA for Buildings 34 and 35 is calculated based on the minimum wage. Feb-17 Compensation Social Security and Other No contribution is collected from Collect and forward workers’ The contribution to ONA for all Willbes Benefits workers in the printing building. The contribution to ONA. factories is now being calculated using contribution to ONA for Buildings 34 the base salary. And contribution is now and 35 is calculated based on the being collected from workers in the minimum wage. printing building, Feb-17 Compensation Social Security and Other The factory is not registered with Register with OFATMA for maternity The factory is registered with OFATMA Benefits OFATMA for materity and health and health insurance. for maternity and health insurance since insurance. September 2017. Feb-17 Compensation Social Security and Other The factory is not registered with Register with OFATMA for maternity The factory is registered with OFATMA Benefits OFATMA for maternity and health and health insurance. Collect and for maternity and health insurance from insurance: forward workers’ contributions to September 2017. OFATMA, Feb-17 Contract and Human Termination 2 termination files unproperly Ensure to document properly in Human Resources Manager has been Resources documented. workers’ files any relevant information warned and re-trained to perform his relating to their employment contract. duties properly going forward. Periodical reviews are being conducted to make sure this does not happen in the future Feb-17 Contract and Human Termination MAST notification is missing priorto Send a notification to Ministry of The Print Shop managerhas been Resources the temporary suspension of work at Labor to justify the temporary explained and trained already. the printing building in 2017. suspension of work Temporary suspensions will be notified to the Labor Office when reducing the workforce Feb-17 Contract and Human Dialogue, Discipline and Inadequate language from line Provide supervisory skill training for Supervisors from all Willbes Haiti Resources Disputes supervisors. supervisors. Establish disciplinary factories received the training on measures for persistent offenders. supervisory skills. Management informed the supervisors of possible sanctions for verbal abuse. [page 178] 177 Feb-17 Occupational Safety and OSH Management Systems The employer does not submit the Submit to OFATMA on à monthly The factory submits the accidents report Health records to OFATMA on a monthly basis records on work-related every month basis accidents and diseases. Feb-17 Occupational Safety and Chemicals and Hazardous 2 unidentified propane and gas tanks Label all dangerous substances. Post The gas tank have warning signs. Health Substances in the printing building. warning near the gas tanks. Store Identification is placed properly any source of ignition. Feb-17 Occupational Safety and Chemicals and Hazardous No MSDS' were available in the Ensure that MSDS' are available in the MSDS for all chemicals are available in Health Substances storage warehouse in the printing storage warehouse in the printing the storage warehouse at the Print Shop. building, building, Feb-17 Occupational Safety and Worker Protection All of the single needle machines were Ensure that machines have their All single needle machines were Health missing finger guards. necessary guards. Train the provided with finger guards. Sewing maintenance team on Occupational machine operators will be trained on the safety and Health issues. mandatory use of them as to comply with our internal rules. Feb-17 Occupational Safety and Worker Protection Telectrical panel in Building 34 was Ensure to keep electrical equipment This issue was corrected during the Health blocked by cardboard boxes. away from flammable material. Have a … factory assessment and employees weekly inspection tour to address working on that area were warned and re- punctual issues. trained to keep the electric panels free of obstacles. Feb-17 Occupational Safety and Working Environment The temperature exceeds the Ensure to maintain the temperature to Building 35 is under repair. The factory Health recommended 30 C in Quality a maximum of 30 C in all sections. has started the installation work of a .Packing, Pressing and Cutting cooling system. sections. Feb-17 Occupational Safety and Working Environment The light levels are inadequate in Improve the lighting level to à The factory did an inspection of Health Cutting and Packing sections. minimum of 500 lux in packing and electrical installations to replace non pressing sections. functioning lights. Feb-17 Occupational Safety and Welfare Facilities Insufficient number of toilets for Build additional toilets for men and The factory is committed to build more Health women. women. toilets. Feb-17 Occupational Safety and Welfare Facilities No soap in the toilets Ensure that soap is available in the This issue was corrected during the Health restroom for the workers factory assessment; janitorial employee & supervisor were warned to keep the toilets provided with hand soap at all times Feb-17 Occupational Safety and Health Services and First Aid No medical checks were arranged for Arrange à medical check for workers All mandatory medical checks for all Health newly hired workers within the first within their first three months. Willbes factory workers have been three months of employment. scheduled already. The plan will take around 4 months. Additional checks are being requested to OFATMA as wellAlso;the factory changed the doctor's contract to full-time and started with the medical checks. Feb-17 Occupational Safety and Health Services and First Aid No periodic medical checks were Arrange at least two medical check a All mandatory medical checks for all Health arranged for workers who have been year for workers who have been Willbes factory workers have been exposed to work-related hazards. exposed to work-related hazards. scheduled already. The plan will take around 4 months. Additional checks are being requested to OFATMA as well Also,the factory changed the doctor's contract to full-time and started with the medical checks. [page 179] 178 Feb-17 Occupational Safety and Health Services and First Aid Annual medical checks were not Arrange, at least, one medical check a All mandatory medical checks for all Health provided to all workers. year for all the workers. Willbes factory workers have been scheduled already. The plan will take around 4 months. Additional checks are being requested to OFATMA as wellAlso;the factory changed the doctor's contract to full-time and started with the madiral charte Feb-17 Occupational Safety and Health Services and First Aid Insuffficient number of onsite medical Comply with the Haitian law regarding Facility has a new clinic on site Health staff. the onsite medical staff. Feb-17 Occupational Safety and Emergency Preparedness The emergency escape routes in Mark emergency escape routes The emergency escape routes in Building Health Building 35 have not been marked accordingly to the new layout of the 35 were marked according to the newly according to the newly arranged floor building. Ensure that the evacuation arranged floor layout. layout. map is adapted to the new layout. Feb-17 Working Time Regular Hours Workers are entitled to a daily break of … Provide one hour break to workers. Willbes Internal Rules are being T hour, however, the actual break Ensure that pregnant women are aware _ respected. Factory re-open at 12:15 p.m. period is for 30 minutes insteadi of their additional breaks. Post 50 employees are able to take their lunch messages of their additional breaks break in full. The working hours are throughout the floor and in the clinic displayed on prominent areas of the room factory, including the eating area so workers are aware. Both factory's Production & HR managers have been re- trained to implement and follow up. Also, the pregnant women employed at the factory are aware of their rights to take two additional breaks of half hour each Feb-17 Working Time Regular Hours Prior authorization was not obtained Ensure to obtain the authorization The authorization letter has been sent to from the Department of Labor before from the Department of Labor before the Labor Office. They sent it signed working at night in the printing using overtime. back to the factory without the stamp. building After the audit, the factory resent the later to get the stamp. Feb-17 Working Time Overtime Excessive overtime for workers inthe Ensure to not exceed the legal limits of The compliance team informed the printing building, overtime production units of the legal limit of 80 hour by trimester. Workers in the printing building no longer work overtime. Feb-17 Working Time Overtime Workers are entitled to a 1 hour break Provide one hour break to workers Willbes Internal Rules are being period However, in practice workers accordingly to the internal rules, respected. Factory re-open at 12:15 p.m. only receive a 30-minute break. 50 employees are able to take their lunch break in full. The working hours are displayed on prominent areas of the factory, including the eating area so workers are aware. Both factory's Production & HR managers have been re- trained to implement and follow up. [page 180] [page 181] [page 182] As à partnership between the International Labor Organization and the International Finance Corporation, a member of the World Bank Group, Better Work brings together various groups - governments, global brands, plant owners, trade unions and workers - to improve Work in apparel industry and make the sector more competitive. CORE DONORS TO BETTER WORK Netherlands Ministry of Foreign Affairs Swiss State Secretariat for Economics Affairs Ministry of Foreign Affairs of Denmark The Government of Australia Represented by the Department of Foreign Affairs and Trade (DFAT) The US Department of Labor Funding is also provided by DFID, Government of France, Government of Canada, Irish Aid, GMAC, Royal Government of Cambodia and private sector donors,including The Walt Disney Company, Levi Strauss Foundation, Gap Inc. and FUNG (1937) Management Ltd [page 183] [page 184] Pr SN AO) ST GIFC International DSENREt Labour Corporation Organization WORLD BANK GROUP