(2018) Better Work Haïti : 16e Rapport de synthèse semestriel

[page 1] BetterWork 16th Biannual Synthesis Report [page 2] ILO CATALOGUING IN PUBLICATION DATA Better Work Haiti 16th Synthesis Report under HOPE Il Legislation International Labour Office synthesis report / labourlaw / hope legislation / haiti / garment April 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 April 2018 on the part of the IFC or ILO concerning the legal status of any Publications ofthe ILO enjoy copyright under Protocol 2 of the country, area or territory or of its authorities, or concerning the Universal Copyright Convention. Nevertheless, short excerpts delimitation of its frontiers. ou a Se te DNPLEEON a The responsibility for opinions expressed in signed articles, Gene BE IEEE QUE re . 0 jentele ce Lait studies and other contributions rests solely with their authors, Qu no me icationishou « ee to ne IL ns and publication does not constitute an endorsement by the IFC on behalf of both organizations: ILO Publications (Rights ani or ILO of the 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, 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] 1 BETTER WORK HAITI - 16 SYNTHESIS REPORT V 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 Haïti: apparel industry 16th biannual synthesis report under the HOPE II 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 / Haiïti 08.09.3 The designations employed in this, which are in conformity with United Nations practice, and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IFC or ILO concerning the legal status of any country, area or territory or of its authorities, or concerning the delimitation of its frontiers. The responsibility for opinions expressed in signed articles, studies and other contributions rests solely with their authors, and publication does not constitute an endorsement by the IFC or ILO of the opinions expressed in them. Reference to names of firms and commercial products and processes does not imply their endorsement by the IFC or ILO, and any failure to mention a particular firm, commercial product or process is not a sign of disapproval. ILO publications can be obtained through major booksellers or ILO local offices in many countries, or direct from ILO Publications, International Labour Office, CH-1211 Geneva 22, and Switzerland. Catalogues or lists of new publications are available free of charge from the above address, or by email: pubvente@ilo.org Visit our website: www.betterwork.org [page 4] 2 BETTER WORK HAITI - 16°“ SYNTHESIS REPORT L Acknowledgements Better Work Haïti is supported by the US Department of Labor. Core donors to Better Work are: Netherlands Ministry of Foreign Affairs, Swiss State Secretariat for Economic Affairs (SECO), Danish International Development Agency (DANIDA), Australian Department of Foreign Affairs and Trade, German Federal Ministry for Economic Cooperation and Development, and the US Department of Labor. Funding is also provided by Canada Department Foreign Affairs, The European Commission, DFID, German Federal Ministry for Economic Cooperation and Development, GIZ; Royal Government of Cambodia, Garment Manufacturers Association in Cambodia and private sector donors, including The Walt Disney Corporation, Inc. Levi Strauss Foundation, Gap Inc. This publication does not necessarily reflect the views or policies of the organizations or agencies listed above, nor does mention of trade names, commercial products, or organizations imply endorsement by them. [page 5] 3 BETTER WORK HAITI - 16°“ SYNTHESIS REPORT L Table of Contents List of Tables and Charts... List of ACTONYMS........ nr rrrrrrrrenrrnenenenrnrnnrnernnereeeeeeeeeeenenenenesreeerereereseesee D Section I: Introduction and Context... Ô 1.1. Country Context and Industry Updates nn 7 1.2. TAICNAR Program Activities in the Reporting Period... Q Section Il: Highlights from the Reporting Period ss 1O 2.1. Compliance Situation in Haiïti’s Exporting Garment Sector... 12 2.2. Compliance Performance with regards to International Core Labor Standards 14 Child Labor... nn V4 Discrimination... een V4 Forced Labor... nn V4 Freedom Of Association And Collective Bargaining 14 2.3. Compliance Performance with regards to National Labor Standards... COMPENSATION nee A Social Security And Other Benefits ss 18 Paid Lave nn 19 Overtime Wages sise TO Contracts And Human ReSOUrCes ee ieeennnne 20 Occupational Safety And Health... sienne 21 Working TIME... sienne 20 2.4. Advisory and Training Services in the Reporting Period... 24 Better Work Advisory Services sienne 24 Better Work Trainings...................................... nn 2O Section III: Conclusion and Next Steps.....……………rnrrrnrrnrrrnnenrenneeneneneeneneenrenee 2 7 Annex 1. The TAICNAR Project and Reporting Requirements under the HOPE II Legislation ss SO Annex 2. Better Works Service Delivery Model sn 32 Annex 3. The Better Work Compliance Assessment Methodology..….….........................35 Better Work Compliance Assessment Framework... 35 Calculating Non-Compliance & Public Reporting... 42 Limitations in the Assessment Process... 42 Annex 4: Factories in Detail nn 45 List of Factories sense A5 Findings from the Factories ner 46 [page 6] 4 BETTER WORK HAITI - 16°“ SYNTHESIS REPORT L e List of Tables and Charts Chart 1: Non-compliance rates for 23 factories assessed between March 2017 and February 2018 over two Better Work CYCIeS nn 13 Table 1: Factory’s PICC Status rene 24 Table 2: Better Work compliance assessment framework... 35 Table 3: List of factories in the Haïitian apparel sector which have been assessed between October 2016 and September 2017... eeeennnne A Ô [page 7] 5 BETTER WORK HAITI - 167" SYNTHESIS REPORT L 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 Haiti Economic Lift Program HOPE Haiïitian 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 8] 6 BETTER WORK HAITI - 16°“ SYNTHESIS REPORT L Section l: Introduction and Context 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 Haïtian 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 Haiti 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 first 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 Haïti. 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 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, 1 In Haïti for example, a plastics factory is participating voluntarily in the program by paying a market price for the Better Work services. [page 9] 7 BETTER WORK HAITI - 16°“ SYNTHESIS REPORT L 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 Haïti 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 Haiti 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. 1.1. COUNTRY CONTEXT AND INDUSTRY UPDATES Total export revenues from the textile and garment industry in Haiti accounted 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, Haïitian 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 48,000 people according to data from January 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 [page 10] 8 BETTER WORK HAITI - 16°“ SYNTHESIS REPORT L Haiïtis apparel industry, one can say that management staff accounts to approximately 10-15% in the factories. Therefore, the number of production workers lies at around 41,000-43,000. 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 (11,283 employees) and CODEVI (9,750 employees), both located in Haiti’s North. The number of exporting factories remains between 20 and 30 enterprises. À few new investors have recently or are currently planning to start operations in the industry in Haïti. 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% of the total employment in the sector. In September 20177, a new law related to the organizing and regulating work over a 24-hour period divided into three segments of eight hours was published in the Moniteur abrogating and revising a number of articles of the current law in place. The employers view this law as an important step to increase employment in the sector. Since the proposal for this new law was submitted to the Haitian parliament, the unions (SOTA-BO, CTSP and CNOHA) have denounced the fact that the consultation process was not tripartite. In correspondences sent to the Ministry of Labor before the strikes that took place in May and June 2017 the unions requested the Haitian government to hold on the publication of this specific law in order to focus on the labor law reform that started in 2012. One of the unions (CTSP) submitted a copy of this new law to the ILO Committee of Experts on the Application of Conventions and Recommendations (CEACR) for review. As this new Act has an effect on the application of all the Conventions ratified by Haïti on working time, namely Conventions Nos 1 and 30 (hours of work) and 14 and 106 (weekly rest), the Committee of Experts agreed with this request and sent its comments in February 2018. In the comments, the Committee of Experts noted that this new law eliminated the articles that limited regular daily working hours, the details related to possible exceptions to normal hours of work, and the articles that established à minimum weekly rest period of 24 consecutive hours to be granted preferably on Sunday and simultaneously to the whole staff of an establishment. Better Work Haiti will assess compliance with the new law in line with the ILO conventions on working time ratified by Haiti. Although the new law abrogated provisions of the Labour Code that limited daily working hours and required a weekly rest day, Better Work will assess compliance based on the relevant standards set forth in the ILO conventions. ILO Convention 14 on Weekly Rest in Industry requires a weekly day of rest, and ILO Convention 1 on Hours of Work in Industry limits daily working hours to 8 hours per day and 48 hours per week (with an allowance for up to 9 hours in a day if other day(s) in the week are shorter than 8 hours). Provisions in the new law that are consistent with the standards in the conventions ratified by Haïti will be assessed in line with the law. [page 11] 9 BETTER WORK HAITI - 16°“ SYNTHESIS REPORT L 1.2. TAICNAR PROGRAM ACTIVITIES IN THE REPORTING PERIOD TAICNAR Program Component I: 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 (2)(B)(i) 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 (2)(B)(); 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. Several key activities which implemented by the project team and its constituents are listed below: [page 12] 10 BETTER WORK HAITI - 16°“ SYNTHESIS REPORT L + A taskforce of labor inspectors received substantial training covering all areas related to their duties; their job descriptions were revised and joint factory visits conducted with BWH team members; * A specialization training was organized with the International Training Centre (ITC) of the ILO for the Haitian Labor Judges and Lawyers who are trainers at the School of Magistrate in Haïti (EMA); + A MAST call center wasinitiated; * _AnInformation, Education and Communication Campaign (IEC Campaign) was prepared; * Technical and financial assistance was provided to start the work on archiving key documents at MAST; * Technical and financial assistance was provided on updating the MAST website; * Logistics support was provided to the Labor Inspection Service by putting a vehicle at their disposition. With the new phase of the Better Work Haïti 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 will be continued and completed by BWH. e e e 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: [page 13] 11 BETTER WORK HAITI - 16°“ SYNTHESIS REPORT L * Inin late 2017, the program finalized its new 5-year strategy for the Better Work Haiti program (2018 - 2022) with a stronger focus on capacity building of national constituents. Capacity building of worker representatives and union organizations, employers and the Government will be key for purposes of institutional sustainability of BWH efforts. * Atripartite meeting of Haitian stakeholders was held in March 2018 in San Jose/ Costa Rica. The meeting which was initiated and organized by the ILO concluded in an agreement signed by all parties which reiterated their commitment to the Decent Work Country Program signed in 2015, the need for social dialogue including the institutionalization of such dialogue, the commitment to work on improving the work environment in the country including respect of international labor laws ratified by Haiti, improving social security coverage and service etc. * In mid-2017, Better Work Haiti initiated a collaboration with the social security institutions ONA and OFATMA. Based on BWH's compliance information, most factories of the garment sector are not fully compliant with regards to all legal requirements concerning social security. While some factories still have not signed up to the newly available maternity and health insurance, most non-compliances on social security refer to incorrect and/ or late payments of social security contributions. In return, the private sector and also workers’ representatives are not satisfied with the level of services available for beneficiaries by ONA and OFATMA. BWH therefore started a dialogue with the parties concerned in order to increase social security coverage and level and quality of services of ONA and OFATMA for workers in the garment sector. An action plan with concrete milestones in the collaboration is being developed as part of BWH's new 5-year strategy. * Given the strikes in 2017 and the recurrence of industrial disputes at individual factory and sectoral level, Better Work continues to work closely with the Office of the Labor Ombudsman and worker and employer representatives on improved mechanisms for social dialogue. At the factory level, this happens through the bipartite committees (PICCs) while at the sectoral level, BW is seeking to assist in the revitalization of the social dialogue table for the garment sector. In addition, strengthening other platforms for social dialogue is also part of BWH's efforts, such as the support of the Social Dialogue Table for social protection (cross-sectoral). [page 14] 12 BETTER WORK HAITI - 16°“ SYNTHESIS REPORT L 2.1. Compliance Situation in Haïti’s Exporting Garment Sector Better Work assesses participating factories once per year and works with each factory before and after this assessment to remediate non-compliance issues. While the assessment is à one-time activity once per year, advisory and training services delivered by the Better Work team focus on 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. The section presents the results of assessments, advisory and training services provided to all 27 participating factories in the period between March 2017 and February 2018. Assessment information is included for factories that have been assessed at least twice by Better Work. Chart 1 presents non-compliance findings for the 23 assessed factories in Haïti who had à minimum of two Better Work compliance assessments, showing non- compliance rates in brackets. À factory is found non-combpliant 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. It has to be noted that many issues found during Better Work assessments are persisting non-compliance issues. The overall compliance rates for the sector are stagnating with minor variations over the cycles. Better Work is observing this issue, not only in Haïti but also in its other country programs. The focus on management systems during advisory and training continues to help in tackling this problem. However, additional measures may be necessary to address persistent non- compliance issues. Better Works differentiation approach that will be implemented in 2018 may provide some incentives for factories to further improve their compliance. Moreover, Better Work’s collaboration with national labor ministries is also crucial to address this general challenge. [page 15] 13 BETTER WORK HAITI - 16" SYNTHESIS REPORT L Chart 1: Non-compliance rates for 23 factories assessed between March 2017 and February 2018 over two Better Work cycles Non-compliance rates by Compliance Point (March 2017 - February 2018) 2 à Child Labourers | Plane CE Hazardous Ware arch her rt ro; mm) Ee D ES PT ÊE D : ES 85 D 22 Forced Labour and Overtine = Ê 3 D SE o COIECLNVE B o © vé D Ex 2$£ Interference and Discrimination. Co oo) PE 08 Union Operation 0 A S Minimum Waages/ PIE FRA ge 0 0 00 0 oo à Ê paid L D g D Ê A S Ô D # CONLTACLING PTOCE AUS 0 à DS D D, 2663 Employment Contre s o o oo ) & TÈ 0, 5 CE & D B£ Health Services and Ett Ad rm) GS PP 5% PP EE ETATE FACIILIES. PE ER Worker Protection = om ë PP 5 PP cel Regular Hours) 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% # Non-compliance rate (n= 23) [page 16] 14 BETTER WORK HAITI - 167" SYNTHESIS REPORT L 2.2. Compliance Performance with regards to International Core Labor Standards During the last round of assessments between April 2017 and March 2018 in 23 factories, the following results with regards to core labor standards have been observed. CHILD LABOR Child Labor is virtually non-existent in the apparel sector in Haiti. There were no non-compliance findings under the Child Labor cluster in the period under review. DISCRIMINATION During the reporting period, no cases of non-compliance related to discrimination were identified. In the past, non-compliance points under this cluster were mainly cases of sexual harassment. Although no non-compliance cases were confirmed during the reporting period, BWH has collected evidence indicating that sexual harassment is a widespread practice in the industry in Haiti and elsewhere (see Limitations in the assessment process in annex 3). Awareness raising and prevention of sexual harassment has hence become part of BWH's advisory and training portfolio and is one main areas of focus in the new BWH strategy 2018 - 2022. Collaboration with other organizations are also planned in order to address this issue. FORCED LABOR There are no findings under the Forced Labor Cluster in this reporting period. FREEDOM OF ASSOCIATION AND COLLECTIVE BARGAINING There are three cases of non-compliance under the Cluster for Freedom of Association and Collective Bargaining, all under the compliance point of Interference and Discrimination. Two cases were already reported in the October 2017 report. For remediation efforts on all of these cases, please consult individual factory tables in Annex 4 of this report. [page 17] 15 BETTER WORK HAITI - 16'* SYNTHESIS REPORT L In the most recent case of a factory cited in non-compliance under this compliance point, the case was made under the above mentioned compliance point under the question on termination or non-renewal of workers employment contract due to union membership or activities. Eight union leaders were terminated for having at least 4 days of unauthorized absence during May 2017. On May 17 the union submitted a copy of the letter announcing the sectorial strike set to take place on May 19, 2017. The notice provided to the employer was a copy of the sectorial strike notice provided by PLASIT-BO, CNOHA and GOSTRA-CTSP to ADIH and MAST, and indicated that the work stoppages would continue until workers’ demands were met. Better Work considers that the strike was not subject to a limit in duration under Article 206 of the Labor Code since the notice was provided to employers and the ministry prior to the strike. Following the terminations, the Ombudsperson conducted two mediation sessions with the employer and the union federation upon the request of SOTA/BO, in which the employer was asked to reinstate the terminated union officers. The employer informed the Ombudsperson and the union that they would not reinstate the terminated union officers. Management subsequently has provided the 8 terminated union officers with their severance payment including payment for notice, however, seven out of eight of the union officers have not agreed to sign waivers giving Up the possibility of bringing claims against the employer for wrongful termination in the future. Also, it was not possible to reliably verify the claim by management that all these workers had at least 4 days of unauthorized absence during May 2017. Information provided to Better Work Haiti during the factory visit and subsequently by email shows inconsistencies between the payroll records, punch card attendance records and manual attendance records kept by supervisors. In any case, the evidence demonstrates that the union officers were absent in order to participate in sectorial strikes, which does not justify their terminations for unauthorized absences. In the case of this factory, Better Work recommendés to reinstate the 8 terminated union officers with compensation for back pay. As previously mentioned, the two other cases of non-compliance under this cluster fall under the same compliance point of interference and discrimination and the same sub-question on termination or non-renewal of workers employment contract due to union membership or activities. In both cases, Better Work recommends 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 [page 18] 16 BETTER WORK HAITI - 16'* SYNTHESIS REPORT L 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 Haïitian Law and international labor standards. * _Inthe 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 Haiti, 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 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 Haiti, 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. [page 19] 17 BETTER WORK HAITI - 167" SYNTHESIS REPORT L + _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 Haitian law and international labor standards, with the support of the Haiïitian Labor Ombudsperson and the ILO. These recommendations were presented to Better Work Haiti’s stakeholders and are integrated in the new workplan of the program for the next five years. 2.3. Compliance Performance with regards to National Labor Standards Better Work assesses compliances with 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.T, which gives an overview of the compliance performance of the full set of factories in the sample, shows that nine compliance points have reached non-combpliance rate above the 50% threshold. While several of these non-compliance points have been analysed in detail in past reports, some points with non-compliance rates below 50% 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 (91%), as well as the compliance point on Paid Leave (70%). 22% of factories were found in non- compliance with regards to overtime wages. The issues for these points are detailed in the tables below. One important change under the legal requirements under the compensation cluster is that the two-tier minimum wage (minimum wage of reference and production wage) was eliminated during the last minimum wage increase in August 2017. Better Work therefore no longer reports the percentage of workers on an incentive scheme earning the production wage as indicated in past reports per individual factory. AÏl assessed factories are in compliance with regards to the payment of the legally required minimum wage. [page 20] 18 BETTER WORK HAITI - 167" SYNTHESIS REPORT L SOCIAL SECURITY AND OTHER BENEFITS Compliance Question # of factories NC Rate by found NC Question _ Does the employer collect and forward workers contributions to 20 87% OFATMA? Does the employer collect and forward workers’ contributions to ONA? 18 78% Does the employer pay 3% of workers’ basic salary to OFATMA for 20 87% maternity and health insurance? Does the employer pay 3% of workers’ basic salary to OFATMA for 8 35% work-related accident insurance? Does the employer pay the required employer contribution to ONA? 19 83% Does the employer pay workers their annual salary supplement or 1 A% bonus? There is a slight decrease in the level of non-compliance on Social Security and Other Benefits. OFATMA started to meet enterprises individually to discuss the best way to transition to the newly available maternity and health insurance services. So far, a total of 12 factories have registered and started paying their contribution to this insurance scheme. However, only nine of these employers calculate their contributions as 3% of the workers’ basic salary. As explained in the previous report, this is due to the fact that in September 2016, the employer’s association negotiated an agreement with OFATMA to reduce the contribution rate for the garment industry. However, after the letter of acceptance of this agreement published by OFATMA, no follow-up was made to make this agreement compliant with the legal requirements. Better Work Haiti also continues to find that payments for work-related accident insurance are late or inaccurate for a number of factories (8). Seventeen factories have also been found non-compliant for payments of workers’ and employers’ contributions to ONA (pension funds). This level of non-compliance identified relates to late or inaccurate payments of these contributions. No additional non-compliance in the payments of the annual salary supplement or bonus have been identified since the latest report as most of the factories adjusted their payroll to include the payment of maternity and sick leave in the annual bonus after Better Work Haïti announced that the assessment approach will be adjusted to reflect the requirements of article 148 of the Labor Code after clarification from MAST. [page 21] 19 BETTER WORK HAITI - 16'* SYNTHESIS REPORT L PAID LEAVE Compliance Question # of factories NC Rate by found NC Question Does the employer pay workers correctly during breastfeeding breaks? O 0% Does the employer pay workers correctly during sick leave? 7 30% Does the employer pay workers correctly for annual leave? 1 A% Does the employer pay workers correctly for legally mandated holidays? 13 57% Does the employer pay workers correctly for maternity leave? 5 22% Does the employer pay workers correctly for weekly rest days? 12 52% There is some progress in the compliance rate on the compliance point on Paid Leave, which dropped from 90% to 70%. At the question level, one can see that payments for workers on legally mandated holidays, during sick leave, weekly rest days and maternity leave were calculated on the minimum wage and not on the average wage as required by the law. 13 factories were found in non-compliance for incorrect payment of the legally mandated holidays. However, it is important to mention that this number will probably decrease in the future with the new law on working hours as the legal requirement to pay non-working legally mandated holidays was eliminated. No factory was found in non-compliance for breastfeeding breaks and one factory’s payment for annual leave was found to be incorrect. OVERTIME WAGES Compliance Question # of factories NC Rate by found NC Question Does the employer pay workers 100% above the normal wage for all 2 overtime hours worked at night? Does the employer pay workers 100% above the normal wage for overtime hours worked on legally mandated holidays? Does the employer pay workers 100% above the normal wage for 0% overtime hours worked on weekly rest days? Does the employer pay workers 50% above the normal wage for all 4 17% ordinary overtime hours worked? [page 22] 20 BETTER WORK HAITI - 16'* SYNTHESIS REPORT L The level of non-compliance in the area of overtime wages is related to the fact that some factories paid less than 100% above the normal wage for the overtime hours worked during daily or night hours. However, it is important to mention that the level of non-compliance for the inaccurate payment of overtime hours worked at night is expected to decrease due to the approval of the new law on working hours. In fact, under this new legislation, overtime hours worked at night will be paid 50% above the normal wage. CONTRACTS AND HUMAN RESOURCES In the cluster on Contracts and Human Resources, 17% of factories were cited in non-compliance under the compliance point Dialogue, Discipline and Disputes - all for the same compliance question. 26% of factories were found in non-compliance for Employment Contracts. Further details are outlined in the tables below. DIALOGUE, DISCIPLINE AND DISPUTES Compliance Question # of factories NC Rate by found NC Question Did the employer resolve grievances and disputes in compliance with 0% legal requirements? Do the disciplinary measures comply with legal requirements? Lo 9 | Have any workers been bullied, harassed, or subjected to humiliating A 17% treatment? The non-compliance in the area of Dialogue, Discipline and Dispute is related to 4 cases of factories were workers reported verbal abuse from their supervisors or managers. In all cases, the issue was reported by at least 50% of interviewed workers, and management was not able to demonstrate evidence of effective implementation of the policies related to verbal abuse. In all cases, BWH Enterprise Advisors also witnessed cases of verbal abuse during the factory tour. EMPLOYMENT CONTRACTS Compliance Question # of factories NC Rate by found NC Question Do all persons who perform work for the factory, both on the premises 0% and offsite, have a contract? Do the contracts comply with the labor code, collective agreement and 3 13% internal work rules? Do the internal work rules comply with legal requirements? [page 23] 21 BETTER WORK HAITI - 16'* SYNTHESIS REPORT L Do the written employment contracts specify the terms and conditions 2 9% of employment? Do workers understand the terms and conditions of employment? 0 % Two factories were found in non-compliance because their internal work rules were not approved by MAST as required by law. This also caused non-compliance for the workers’ contracts in these 2 factories where some working conditions such as working hours were not clearly specified. In 3 factories contracts did not comply With the labor code, collective agreements and internal work rules. For example one of these factories had apprenticeship contracts that were not established under the procedures defined by the Haiïtian labor code. OCCUPATIONAL SAFETY AND HEALTH Among all of the eight clusters that Better Work is assessing, Occupational Safety and Health has always been the cluster with the highest non-compliance rates. It is also important to mention that each factory had at least one non-compliance issue related to the emergency preparedness compliance point, including critical issues such as emergency exits not easily accessible, unobstructed and unlocked during working hours, including overtime. Most of the cases of non-compliance were related to situations where escape routes were obstructed and not easily accessible in case of emergency. Capacity building at factory level is still needed in the area of OSH management systems. In fact, it was observed that in several factories detailed policies on topics such as accident investigation, emergency preparedness plans were not available. Also, when they are available they are not always communicated to the workforce EMERGENCY PREPAREDNESS Compliance Question # of factories NC Rate by found NC Question Are emergency exits and escape routes clearly marked and posted in 10 43% the workplace? Are flammable materials safely stored? Are possible sources of ignition appropriately safeguarded? Are the emergency exits accessible, unobstructed and unlocked during 10 43% working hours, including overtime? Are there enough emergency exits? Does the employer conduct periodic emergency drills? 6 26% Does the workplace have à fire detection and alarm system? LS] [page 24] 22 BETTER WORK HAITI - 16'* SYNTHESIS REPORT L Does the workplace have adequate fire-fighting equipment? Has the employer trained an appropriate number of workers to use the 5 22% fire-fighting equipment? Sixteen factories were cited in non-compliance for inadequate fire-fighting equipment. In the majority of cases, factories have sufficient fire-fighting equipment, but there are maintenance issues and therefore certain extinguishers are found with low pressure. As previously described, weak management systems continue to lead to relatively high-level of non-compliance in emergency preparedness, as is the case for all OSH issues, in general. Factories do not have functioning mechanisms in place to ensure remediation of previously identified non-compliance findings is done in a sustainable way. From the factories included in this sample, ten were found with obstructed emergency exits, mostly by boxes. No factory was found with locked or inaccessible exits. Nine factories were found with a fire detection and alarm system that was not fully functional and ten factories had emergency exits or escape routes that were not clearlyÿ marked. In seven facilities, sources of ignition were found not properly safeguarded. Often, this relates to mobile phones of workers being charged with cables in close proximity to flammable materials such as fabrics. Overall, Better Work can also state an improvement in terms of regular emergency drills being conducted in line with Better Work’s recommendation of two drills per year. Yet, six factories still did not comply with this requirement. Also, training 10% of the workforce on fire-fighting equipment has improved, yet five of the assessed factories were still found to be in non-compliance. OSH MANAGEMENT SYSTEMS Compliance Question # of factories NC Rate by found NC Question Does the employer have legally required construction/building permits? oo O0 0% Does the employer record work-related accidents and diseases and 3 13% submit the record to OFATMA on a monthly basis? Has the employer developed mechanisms to ensure cooperation 2 9% between workers and management on OSH matters? Has the employer performed an assessment of general occupational 3 13% safety and health issues in the factory? Is there an adequate OSH Policy that is signed by top management? [page 25] 23 BETTER WORK HAITI - 16'* SYNTHESIS REPORT L Non-compliance in the area of OSH management systems are due to cases of factories where the work-related accident records were not kept or not sent to OFATMA on a regular basis. Also, two factories did not have an active OSH committee at the time of the assessment visit. Three other factories did not have evidence of regular self-assessment of general occupational safety and health issues in the factory. Five additional cases of non-compliance were identified due to the absence of an adequate OSH policy signed by top management. WORKING TIME OVERTIME found NC Question {Does the employer comp uth im on overime ours uañeg? 9 3% DÉC ANED T before working on Sundays? HS taRDg ne "enr before working overtime? In nine out of twenty-three factories, Better Work found sections of the factory working overtime beyond legal limits. In most cases, the sections affected by work beyond the legal limit of 80 hours per trimester are security staff and workers in shipping departments. Eight factories were found in non-compliance because they failed to obtain authorization from the Ministry of Social Affairs and Labor (MAST) prior to working overtime. Based on the interviews with workers and management in one factory, EAs were able to note that overtime was not voluntary in two factories. In one example, the internal rules of that factory indicate that workers are entitled to a 1 hour break period, which is included in the work schedule from 7:00 AM to 4:00 PM. However, in practice workers only receive à 30-minute break. In fact, the employee in charge of closing the eating area usually urges the workers to go back to work after 30 minutes of daily break. Workers are obliged to go back to work earlier and they are unaware that they ought to consider the remaining 30 minutes of their break as overtime. This was verified by the EAs while observing the lunch breaks during the assessment and through management and worker interviews. For remedliation efforts, please consult individual factory tables in Annex 4. [page 26] 24 BETTER WORK HAITI - 16'* SYNTHESIS REPORT L REGULAR HOURS Compliance Question # of factories NC Rate by found NC Question Do regular daily or weekly working hours exceed the legal limit? Does the employer comply with the daily break period? Does the employer give workers at least one day off per week? 2 % Does the employer keep working time records that reflect the hours 4 17% actually worked? Does the employer obtain authorization from the Department of Labor 2 9% before working at night? The highest rate of non-compliance in the area of regular working hours was due to 4 factories for which the assessors found inaccuracies in the working time records. For example, these factories had unreliable attendance systems and did not properly record changes in the attendance records. Also, two factories where found in non-compliance for exceeding the legal weekly hours limit and two others for not requesting the authorization from the Department of Labor before working at night. Also, three employers did not comply with the daily break period because they give less than the 1.5 hours required by law without MAST approval in the internal work rules and worker’s approval in employment contracts. 2.4. Advisory and Training Services in the Reporting Period BETTER WORK ADVISORY SERVICES During the reporting period, Better Work Haïti 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 independent and being able to meet without Better Work presence. The PICC sustainability training program developed by Better Work Global is currently being reviewed and adapted to meet the needs of the Haïitian garment factories. 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 Caribbean Island Apparel S.A. Set up and functioning 2 Cleveland Manufacturing S.A.(former No active PICC GMC) [page 27] 25 BETTER WORK HAITI - 167“ SYNTHESIS REPORT L RS a [page 28] 26 BETTER WORK HAITI - 16'* SYNTHESIS REPORT L Better Work Haiti continues to advocate for union leaders participation in the bipartite committees to ensure that the program helps to build the capacity and role of union leaders at the workplace. Although more PICCSs are active, the participation of key decision makers from factory management side remains a challenge in some factories and might impact the success of the committees in the future. Enterprise advisors are discussing this issue on a one by one basis with each factory’s senior management in order to find a solution, Better Work management also gets involved when needed. In addition to in factory visits conducted during the reporting period, industry seminars were offered as clustered advisory visits to participants from factories as well as MAST and union representatives on the following subjects: * Grievance Chemicals management * Industrial Relations + Better Work compliance assessment framework The topic of chemicals management was selected in order to address the persistent high non-compliance rate in the industry for chemicals and hazardous substances and any related issues. The industry seminar on industrial relations was offered as part of the sectorial remediation plan related to the dismissals/disciplinary actions related to the strikes in the sector in May-July 2017. The newest industry seminar on BW'’s compliance assessment framework was developed to meet the needs of new factories or new staff in any of the participating factories to better understand Better Works assessment methodology and prepare themselves accordingly. BETTER WORK TRAININGS The latest addition to Better Work Haïti training program is the new module on Human Resources Management. This training had great success so far and was delivered to factories both in Port-au-Prince and in the northern area of Haiti. It is also important to note that participants from non-garment factories registered and paid for the training. Also, MAST officials attended this training and were a real added value in terms of sharing of experience. In addition, training was provided for Spanish speaking middle management with the support of the Better Work team in Nicaragua and an external consultant. Better Work also offered the new Management skills training in Spanish in the north for middle managers from the Dominican Republic. Moreover, two training sessions were provided for stakeholders with an external training firm, one training was on business writing skills and à second one was a Training of Trainers. Participants gave excellent feedback after these sessions. [page 29] 27 BETTER WORK HAITI - 167" SYNTHESIS REPORT L In an overview, the trainings offered by Better Work Haïti during the reporting period include: + Human Resources Management * Managing People * Communication Skills + Workers’ Rights and Responsibilities + Occupational Safety and Health + PICC training * Emergency Preparedness & Accident Investigation + Business Writing Skills * Training of Trainers (ToT) + Supervisory Skills Between October 2017 and April 2018, the Better Work Training Team trained a total of 596 participants - management and workers - on the above mentioned training topics, including 163 women. In addition, to the funding received from USDOL, Better Work Haiti received funds from the Walt Disney Company to implement training on supervisory skills and leadership skills (Managing People). 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 Haïti can benefit from exploring opportunities of revenues with other industries. e e Section III: Conclusion and Next Steps This 16th synthesis report is the most comprehensive current picture of the compliance performance of exporting garment factories in Haïti. It includes data of 23 factories that were assessed from April 2017 to March 2018 and additional information about the environment in which these factories operate. The Better Work program in Haïti has been monitoring the industry since 2009 and is able to [page 30] 28 BETTER WORK HAITI - 16'* SYNTHESIS REPORT L observe progress overtime and challenges that persist. Some general conclusions that can be drawn to date are summarized below: * The general state of the exporting factories registered with Better Work Haiti has followed similar patterns over the past five years. While in the first years of BW in Haiti, factory's compliance levels dropped, this development reached à plateau in recent years. The main challenge is the lack of strong and well established management systems that allow factories to sustainably remediate non-compliance issues. * It would be desirable for international buyers sourcing from Haïti to support the remediation process of non-compliance issues in their supplier base. While several buyers are collaborating with Better Work, a number of brands/ retailers conduct their own audits or contract other third party auditors which leads to duplication. This also leads to parallel corrective action plans for the factories which uses resources that could otherwise be spent on actual remediation and improvements. BWH offers more than just social compliance audits once a year, it supports factories in the remediation process through tailored advisory and training services. Hence, a streamlined approach instead of duplication by the different buyers sourcing from the same factory would be à big support for factories in focusing on making actual improvements. * The differences between national and international laws around freedom of association and collective bargaining continue to be a source of conflict. These conversations are national level issues being discussed at the broader political level between the ILO and relevant social partners. * The relationships between unions and factory management remain tense in many cases. The movement of workers’ organizations in the garment sector in Haïti consists of many cells and federations which often do not speak with one voice. Capacity building is needed not only at the level of the union leaders but also for the workforce in general on legal requirements and their rights and responsibilities. Conflicts are often not resolved at the negotiation table and lead to intense labor conflicts, causing production time to be lost. More effective mechanisms are needed for management and worker representatives to regularly consult each other and establish effective mechanisms for fruitful social dialogue. Better Work took these challenges into consideration when designing its new five year strategy. The focus of the work will shift to address sectoral issues through closer collaboration with national partners. While individual factory level services will continue as per the standard Better Work service model (see annex 2), a stronger [page 31] 29 BETTER WORK HAITI - 167" SYNTHESIS REPORT L focus will be put on addressing issues that appear in this report are also systemic in nature, relating to national level policies, capacity needs of national partners to govern the labor market themselves or to relationships and pressures in the value chain. [page 32] 30 BETTER WORK HAITI - 167" SYNTHESIS REPORT L Annex 1. The TAICNAR Project and e e Reporting Requirements under the e e HOPE Il Legislation In 2006, the United States Congress enacted the Haïti Hemispheric Opportunity through Partnership Encouragement Act of 2006 (HOPE), expanding preferences for Haïitian apparel established under the Caribbean Basin Economic Recovery Act, thus enabling the Haitian apparel industry to benefit from new duty-free preferences. In 2008, these preferences were further expanded through legislation known as HOPE Il, 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 Haiti HELP/HOPE provisions until 2025. In order to benefit from HOPE/HOPE II/HELP, Haiti 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. Haïti 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 Technical Assistance improvement and Compliance Needs Assessment and Remediation (TAICNAR) program. Finally, Haïti needed to develop à mechanism for ensuring that all producers benefiting from the HOPE Il trade preferences participated in the TAICNAR 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. [page 33] 31 BETTER WORK HAITI - 167" SYNTHESIS REPORT L 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 (CY() 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)(BX(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 (2XB)() 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 (III) 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] 32 BETTER WORK HAITI - 167" SYNTHESIS REPORT L Annex 2. Better Work’s 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 T1th month of the cycle, Better Work then publishes à progress report, detailing improvements on compliance issues, as well as in-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 [page 35] 33 BETTER WORK HAITI - 16'* SYNTHESIS REPORT L 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: Pol cycle ne 7” & "2e “(T) « ” ! à æ \ Sequence and components of annual Cycle under Better Works revised service delivery model [page 36] 34 BETTER WORK HAITI - 167" SYNTHESIS REPORT L In 20177, 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] 35 BETTER WORK HAITI - 167" SYNTHESIS REPORT L 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 Haitian Constitution, ratified conventions become self-executing and therefore part of Haïitian 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 à 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] 36 BETTER WORK HAITI - 16“ SYNTHESIS REPORT L Table 2: Better Work compliance assessment framework Compliance Compliance Point Compliance Issue er RNCmee 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. Workers under age 18 doing work that is hazardous by Discrimination? Gender Changing the employment status, position, wages, Excluding maternity leave from workers’ period of Pregnancy tests or use of contraceptives as a condition of Promotion or access to training (gender and/or marital Terminating workers or forcing them to resign if they are 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 (00 and TM), but which are not explicitly named in the conventions, e.g. age, HIV/AIDS status, disability, etc. The questionnaire for Haiti does not include the “Other Grounds” compliance point because the Haitian labor law does not identify grounds for discrimination beyond those cited in Conventions 100 and T1. [page 39] 37 BETTER WORK HAITI - 16“ SYNTHESIS REPORT L Promotion or access to training (religion or political Forced Labor Bonded Labor Debts for recruitment fees owed to the employer and/or a CR page een 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 Threats such as deportation, cancellation of visas or Workers' access to their personal documents (such as birth Forced Labor Forced overtime under threat of penalty RE Association Bargaining Collective agreement less favorable for workers than what 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] 38 BETTER WORK HAITI - 16'* SYNTHESIS REPORT L decisions break up a peaceful strike or arrest striking workers. working days rate earnings exceed minimum wage. EE days Benefits insurance funds to ONA. health insurance. accident insurance. SE ——— [page 41] 39 BETTER WORK HAITI - 16“ SYNTHESIS REPORT L a Contracts and Contracting Limits on the trial period for apprentices. and Disputes disciplinary measures Contracts Employment contracts' compliance with the labor code, Specifying terms and conditions of employment in written Workers' understanding of the terms and conditions of Orders to reinstate or compensate unjustly terminated Payment for unused paid annual leave upon resignation or Reductions in workforce size or suspensions due to Occupational Chemicals and Assessing, monitoring, preventing and/or limiting workers’ and Health Chemical safety data sheets for all chemicals and Inventory of chemicals and hazardous substances used in Training workers who work with chemicals and hazardous Washing facilities or cleansing materials in the event of Emergency Accessible, unobstructed, and/or unlocked emergency [page 42] 40 BETTER WORK HAITI - 16'* SYNTHESIS REPORT L routes in the workplace. hazards. number of readily accessible first aid boxes/supplies in the workplace. Systems issues in the factory. a Mechanisms to ensure cooperation between workers and a nee RE an | on OSH matters. submitting the record to OFATMA. in the accommodation. [page 43] 41 BETTER WORK HAITI - 16'* SYNTHESIS REPORT L accommodation. in the accommodation. 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. [page 44] 42 BETTER WORK HAITI - 167" SYNTHESIS REPORT L 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-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 a 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 Haïti. 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 Haïti 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 à 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 Haiti Enterprise Advisors have 3 Better Work Haïti Compliance Assessment Tool (CAT) including their legal references can be accessed here: http: / /betterwork.org/haiti/?page_id=1731 [page 45] 43 BETTER WORK HAITI - 16'* SYNTHESIS REPORT L become more experienced at collecting information and interviewing workers, which together with other activities led by Better Work Haiti 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 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 Haiti’s compliance assessment tool. [page 46] 44 BETTER WORK HAITI - 16'* SYNTHESIS REPORT L 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 a 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] 45 BETTER WORK HAITI - 16“ SYNTHESIS REPORT L Annex 4: Factories in Detail List of Factories Below is the list of factories that have been assessed by Better Work Haïti 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 Haitian apparel sector which have been assessed between April 2017 and March 2018 CT RL 5 Peer D neesa [page 48] 46 BETTER WORK HAITI - 16'* SYNTHESIS REPORT L Premium Apparel S.A. Quality Sewing MFG. S.A. Sewing International S.A. S&H Global SA. The Willbes Haïtian Il S.A. The Willbes Haïtian III 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 a 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 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 Haiti 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: “http / /betterwork.org/haiti/?page_id=1731 [page 49] 47 BETTER WORK HAITI - 167" SYNTHESIS REPORT L * 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. [page 50] BETTER WORK HAITI - 16TH SYNTHESIS REPORT Factory. Caribbean Island Apparel S.A. L Location Port-au-Prince Number of workers 2376 Date of registration Sep-09 Date of last two Dec-16 Jan-18 Better Work Advisory and Training Services 31/01/2018 OSH committee meeting to conduct the OSH self-diagnosis. Factory tour. Review of the latest assessment report with the HR & Compliance manager to determine remediation actions. 05/04/2018 PICC meeting. Review of the improvement Plan. Review of documentation related to the compensation and break for pregnant women. Factory tour. 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 34 Health guards and ensure that they are properly maintained. Jan-18 Occupational Safety and Worker Protection Electrical installations not properly Ensure that electrical 3 Health maintained. installations are properly maintained. Jan-18 Occupational Safety and Working Environment Workplace temperature exceeded Reduce workplace temperature. 66 Health recommended limits. Jan-18 Occupational Safety and OSH Management OSH policy has not been developed in Review OSH policy with workers 3 Health Systems consultation with workers and their representatives and include representatives and does not refer to compliance with labor law compliance with labor law requirements pertaining to OSH. requirements pertaining to OSH. Jan-18 Occupational Safety and Chemicals and No updated inventory is available for Maintain an updated inventory Management keep an 3 Health Hazardous Substances some chemicals and hazardous for all chemicals and hazardous updated inventory substances used in the workplace. substances used in the management system of workplace. chemicals and hazardous stuihstances Jan-18 Occupational Safety and Working Environment Insufficient light levels in the Improve the lighting level in the 3 Health workplace. workplace. Jan-18 Occupational Safety and Welfare Facilities Insufficient number of toilets. Increase the number of toilets 58 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 3 Health Aid health checks within the first three Within the first three months of checks at the factory. months of hiring. hiring. [page 51] Jan-18 Occupational Safety and Health Services and First The factory does not provide workers Provide workers with annual OFATMA has started medical 3 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 3 Health Aid safety and health risks to pregnant to pregnant workers by providing to pregnant workers. workers. required breaks. Supervisors signed to respect this rule. Jan-18 Occupational Safety and Health Services and First Insufficient medical staff. Hire additional medical staff. 16 Health Aid Jan-18 Occupational Safety and Health Services and First Less than 10 percent of the workforce Train at least 10 percent of the 3 Health Aid trained in first aid. workforce in fist aid. Jan-18 Occupational Safety and Emergency The current evacuation plans in one Update all evacuation plan to 3 Health Preparedness building has not been updated to reflect the current layout of the indicate the actual escape routes workplace. according to the recently reorganized floor layout. Jan-18 Occupational Safety and Emergency Flammable materials such as fabrics Ensure that flammable materials 8 Health Preparedness were stored close to the lighting are stored safely. lamps in a small warehouse. Jan-18 Occupational Safety and Chemicals and Unidentified bottles of chemicals and Label all containers of chemicals 3 Health Hazardous Substances hazardous substances were found in and hazardous substances. the workplace. Jan-18 Occupational Safety and Chemicals and Missing MSDS in areas where Display MSDS for all chemicals MSDS have been posted in the 3 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 3 Health Hazardous Substances chemicals stored in the spare parts spare parts department. department. Assessment December 2016 Dec-16 Compensation Paid Leave Payments for legally mandated Ensure that the compensation Factory compensated legally 22 holidays are inaccurate for piece for legally mandated holidays mandated holidays on the rate workers. are accurate. basis of average earnings. Dec-16 Compensation Paid Leave Payments for sick leave are inaccurate Ensure that sick leave payments Factory compensated legally 22 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 22 inaccurate for piece rate workers. payments are accurate. mandated holidays on the basis of average earnings. [page 52] Dec-16 Compensation Social Security and The factory has not registered with The factory should register with The factory has started to 22 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 22 Other Benefits OFATMA for maternity and health OFATMA for maternity and OFATMA and is in the process insurance services. health insurance services. of collecting and forwarding payments for insurance services Dec-16 Occupational Safety and Health Services and First The factory has an insufficient Hire more onsite medical staff in The factory had 9 nurses. One 10 Health Aid number of onsite medical staff. order to comply with the Haitian nurse has already been hired Labour Code. and 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 52 Health adequate number of toilets for the toilets in proportion to the total workers. workforce as stipulated by the Haitian Labour code. Dec-16 Occupational Safety and Worker Protection No pulley guards were installed on the Install and maintain proper The factory has ordered new 28 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 ofinstalling pulley guards on machines. equipment. the 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 60 Health recorded in some of the sections ventilation levels at the added throughout the Within the workplace. workplace are maintained workplace and during an properly. advisory session, the temperature levels were also verified to be within the recommended limits (around 27707 [page 53] BETTER WORK HAITI - 16TH 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 14-Mar-18 Review of Improvement plan and the progress report. Discussions on the training plan. Factory tour. 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” 14 holidays are based on the payments are based on minimum wage instead of average earnings. average earnings. Jan-18 Working Time Paid Leave Payments for weekly rest days are Ensure Weekly rest days" 14 based on the minimum wage payments are based on instead of average earnings. average earnings. Jan-18 Compensation Social Security and Other Employer contribution to ONA is Forward employer 14 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’ 14 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 14 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 14 Benefits with OFATMA for maternity and maternity and health health insurance. insurance services. Jan-18 Compensation Social Security and Other Collecting and forwarding of Register with OFATMA. 14 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 2 Deduction Sundays are not entered in the Sundays are registered in the payroll and are paid separately. payroll. [page 54] Jan-18 Contract and Human Employment Contracts The contracts issued in 2017 did Include the required contents 2 Resources not specify the employee's into the contracts. position as required by law. Jan-18 Occupational Safety and Chemicals and Hazardous Chemicals and hazardous Label all chemicals. 14 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 14 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 14 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 2 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 14 Health Substances in the chemical room, the chemicals are stored. 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 14 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 14 Health area near the cutting room were standing workers. not provided with foot rests or shock absorbing mats. Jan-18 Occupational Safety and Worker Protection About 30 percent of all sewing Install missing finger guards 14 Health machines in AGC and Medicon and pulley guards on the 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 2 Health electrical boxes with exposed are properly maintained. wires in the cafeteria. Jan-18 Occupational Safety and Working Environment Workplace temperature exceeds Ensure that the temperature 14 Health BW recommended limit of 30 C. does not exceed the recommended limit. [page 55] Jan-18 Occupational Safety and Working Environment Workplace lighting insufficient. Improve the Lux level in the 14 Health workplace. Jan-18 Occupational Safety and Welfare Facilities Insufficient number of toilets Increase the number of toilets. 14 Health Jan-18 Occupational Safety and Welfare Facilities Soap was not available in the AGC Ensure that soap are available 2 Health building and workers complained atalltimes. about that. Jan-18 Occupational Safety and Health Services and First Aid The factory did not show evidence Provide annual medical 14 Health of annual medical checks for checks for workers. workers. Jan-18 Occupational Safety and Health Services and First Aid The factory did not provide health Provide health checks to 14 Health 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 Aid The factory does not provide Provide workers health checks 14 Health 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 Aid Insufficient medical staff Increase the number of 14 Health medical staff in the workplace. Jan-18 Occupational Safety and Health Services and First Aid Workers trained in first aid Provide training to at least 10 14 Health 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 2 Health obstructed by boxes in the cutting a functioning alarm system. 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 14 Health accessible. extinguishers remain unobstructed in the workplace. Jan-18 Occupational Safety and Emergency Preparedness Workers trained in firefighting Train at least 10 percent of the 14 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 2 Health the cutting and fabric warehouse evacuation plan. 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 2 Health conducted every 6 months. year as recommended by BW. [page 56] Jan-18 Occupational Safety and Emergency Preparedness Sources of ignition not properly Ensure that sources of ignition 2 Health safeguarded. are safeguarded Jan-18 Working Time Leave Breastfeeding break is not Provide Breastfeeding break 2 systematically granted. to all eligible workers. Jan-18 Occupational Safety and OSH Management Systems The OSH policy does not refer to Develop an OSH policy. 2 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). 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 management 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. [page 57] 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. All 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. 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 Aid No systematic medical checks Provide medical checks to Health were arranged for newly hired workers within the first three workers within the first three months of hiring. months of employment. [page 58] Jan-17 Occupational Safety and Health Services and First Aid No systematic medical checks Provide systematic medical Health 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 Aid No systematic annual medical Provide systematic annual Health checks were arranged for workers. medical checks for all workers. Jan-17 Occupational Safety and Health Services and First Aid The factory has 2 full time nurses To comply with the Haitian The factory is building a Health and 1 doctor's visit per week. labour code, a factory of this new infirmary and one size must have a 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 Aid Only 33 workers were trained in To comply with the Haitian Health 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. 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 a 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 oùt 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. [page 59] 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] 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 28-Oct-17 Emergency Preparedness & Accident Investigation Training 8-Nov-17 improvement plan review with compliance team. Validation of remediation of issues with compliance team (HR and compensation). 9-Nov-17 Validation of issues remediation with compliance team (OSH Tour). PICC Meeting to Welcome Brand M members and update Self diagnosis. 8 & 9- Nov-17 Human Resources management training 20-Feb-18 Review of improvements with compliance team. Union meeting SOFEZO and SOKOWA/ Union meeting UTRACO and SYNTRAC. 21-Feb-18 Factory Tour for new facilities (CIH, Everbright). PICC Meetings with Brand M & FWI to update the improvement plan. 14-Mar-18 Supervisory Skills Training (SST) 19-Mar-18 Negotiation Skills 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 18 apprentices were subjected to properly paid for all hours overtime hours but receive only the worked. apprentice salary, which is 40% of the minimum wage with no compensation for the overtime hours worked. Jan-18 Compensation Method of Payment Wage deduction should not exceed Ensure that salary deductions 3 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 78 compensated for Sunday after 6 compensated in line with the consecutive days or 48 hours legal requirements. worked. Jan-18 Compensation Paid Leave Annual leave payment is incorrect. Ensure that annual leave 18 calculations include all the workers' earnings. [page 61] Jan-18 Compensation Paid Leave Sick leave payment is incorrect. Ensure that sick leave 78 payments are based on average workers’ earnings. Jan-18 Compensation Paid Leave Maternity leave payment is incorrect. Ensure that maternity leave 78 payments are based on average workers’ earnings Jan-18 Compensation Social Security and Other Employer contribution to ONA was Ensure that ONA payments 18 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 18 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 78 Benefits accident insurance was not made for insurance for the fiscal year the fiscal year 2017-2018. 2017-2018 Jan-18 Compensation Social Security and Other The factory has not registered with Register with OFATMA for 30 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 30 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 18 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 18 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 18 Resources approved by the Ministry of Social approval of internal work Affairs and Labour. rules. Jan-18 Occupational Safety and OSH Management Assessment of general occupational Conduct a general 3 Health Systems safety and health issues was not occupational safety and completed in all facilities. health assessment for all buildings. Jan-18 Occupational Safety and Chemicals and Hazardous No inventory of chemical substances Keep an accurate and 18 Health Substances used in the workplace were provided updated inventory for all for three facilities. chemicals used in the workplace. [page 62] Jan-18 Occupational Safety and Chemicals and Hazardous Some chemicals containers did not Ensure that all chemicals are 90 Health Substances have any kind of labeling or the properly labeled. Train workers labeling was in a foreign language. 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 90 Health Substances properly built in one of the factories. properly stored. Train workers and managers on proper chemical handling. Jan-18 Occupational Safety and Chemicals and Hazardous During the assessment it was Ensure that all required MSDS 90 Health Substances observed that no MSDS were are available in local language available for several chemicals for all chemicals used in the substances used in the workplace. workplace. Train workers and managers on proper chemical handling. Jan-18 Occupational Safety and Chemicals and Hazardous During the assessment it was Install proper eye wash 90 Health Substances observed that no eyewash stations stations in all areas where were installed in 6 locations where chemicals are used in the chemicals are used. workplace. Jan-18 Occupational Safety and Worker Protection During the assessment it was Ensure that workers are 90 Health observed that PPE were not provided provided with all required to all workers exposed to hazards PPESs. Provide PPE training as required. Jan-18 Occupational Safety and Worker Protection Workers’ chairs were found in poor Provide workers with chairs 90 Health conditions in four facilities. with backrest. Jan-18 Occupational Safety and Worker Protection Machine safety guards were missing. Ensure that all machines and 90 Health equipment are equipped with the required safety guards. Jan-18 Occupational Safety and Worker Protection Exposed electrical wires and open Ensure that all electrical 3 Health electrical boxes with exposed wires in installation are properly three facilities. maintained. Jan-18 Occupational Safety and Worker Protection Electrical installation not properly Ensure that all electrical 3 Health marked. installation are properly maintained and identified. Jan-18 Occupational Safety and Working Environment Temperature levels exceeded 30 C. Keep the workplace 30 Health temperature below 30 C. Jan-18 Occupational Safety and Working Environment Noise levels exceeded 90 Db. Keep the workplace noise 3 Health level below 90 Db. [page 63] Jan-18 Occupational Safety and Welfare Facilities Insufficient number of toilets Increase the number of toilets 90 Health Jan-18 Occupational Safety and Welfare Facilities Missing soap in toilets. Ensure that soap is always 90 Health available during working hours. Jan-18 Occupational Safety and Welfare Facilities Insufficient seating in eating area. Build additional eating area 90 Health for workers. Jan-18 Occupational Safety and Health Services and First No medical checks for workers Provide free medical heath 90 Health Aid exposed to work-related hazards checks for workers at BKI, Top were provided for workers in 3 Choice and Superior within facilities. the first three months of hiring. Jan-18 Occupational Safety and Health Services and First No medical checks at hiring were Provide free annual checks for 90 Health Aid provided for workers in 3 facilities all workers exposed to work- related hazards twice a year in all factories. Jan-18 Occupational Safety and Health Services and First No evidence of annual medical Provide free annual checks for 90 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 90 Health Aid nurses. Jan-18 Occupational Safety and Health Services and First First aid boxes not properly equipped Ensure that first aid boxes are 90 Health Aid in some locations. available and properly supplied in all factories. Jan-18 Occupational Safety and Health Services and First Insufficient number of workers Train at least 10 percent of 90 Health Aid trained in first aid. workforce in first aid. Jan-18 Occupational Safety and Emergency Preparedness No fire detectors have been installed Install adequate fire 18 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 18 Health maintained. properly maintained. Jan-18 Occupational Safety and Emergency Preparedness Insufficient number of workers Train 10 percent of the 90 Health trained in fire fighting. workforce to use the fire- fighting equipment. Jan-18 Occupational Safety and Emergency Preparedness Escape routes not properly marked in Mark the escape routes in all 90 Health two buildings. buildings. [page 64] Jan-18 Occupational Safety and Emergency Preparedness Emergency routes and/or exits Keep the aisles clear in all 90 Health obstructed or not clearly marked in buildings. five out of seven buildings. Jan-18 Occupational Safety and Emergency Preparedness Emergency drills not conducted Conduct emergency drills for 90 Health every 6 months in all buildings. all buildings. Jan-18 Occupational Safety and Emergency Preparedness Cell phones were being charged Keep all possible sources of 18 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 18 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 78 loading session were found to have overtime hours. completed up to 215 hours overtime per trimester. Assessment April 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. 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. [page 65] 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 Time records did not correlate Review the payroll and 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 Païd Leave Compensation for annual leaves is The factory needs to review its not accurately calculated. 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 its the minimum wage instead of the 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 Païd Leave Maternity leave payments are based The factory needs to review its on the minimum wage instead ofthe 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 reauirements. Oct-16 Compensation Social Security and Other ONA payment is late. Ensure that ONA payments The factory has started to Benerfits 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 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. [page 66] 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 (employer'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 its Benefits not accurately calculated as the 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 necessary related documents. 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 lanal ram iramante [page 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. [page 68] 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 PPESs. 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 euards monitor this reauirement 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 à 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 accommodate the total number of all workers workers currently employed by the factory. [page 69] 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. 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 building. 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. [page 70] 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. 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. workino hours huit are not 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 71] BETTER WORK HAITI - 16TH 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 Aug-17 Jun-16 Work assessments: Advisory and Training Services 15-Nov-17 Training on chemicals management. 24-Nov-17 Industrial Relations Training 08-Dec-17 Human Resources Management Training 02-Feb-18 Discussion on the improvement plan and strike protocol with the HR compliance officer. Factory tour to conduct Hazard hunt. Discussion-PICC functioning-HR compliance officer 15-Mar-18 Follow up on the recommendations made in the strike dismissal report/social dialogue. Review of the improvement Plan. 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 Ensure the evacuation routes in 24 Health Preparedness warehouse were obstructed by boxes the fabric warehouse remain of finished goods and other materials. Uunobstructed during working hours, including overtime. Aug-17 Compensation Social Security and Employer contribution to ONA.The Ensure that ONA payments are 7 Other Benefits last ONA payment was made for the based on the basic salary instead month of May 2017 and the of worker's minimum wages. Also, contribution is based on the ONA payments must be made minimum wage instead of the base within 10 working days of the salary. following month. Aug-17 Compensation Social Security and Collecting and forwarding workers’ Ensure that ONA payments are 7 Other Benefits contributions for social insurance based on the basic salary instead funds to ONA. of workers’ minimum wages. Aug-17 Compensation Social Security and Employer contribution to OFATMA for Ensure that the employer 8 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 8 Other Benefits maternity and health insurance. maternity and health insurance services. [page 72] Aug-17 Compensation Social Security and Workers’ contributions to OFATMA for Collect and forward of worker's 8 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 Ensure that non production 8 Resources production workers. workers do not exceed the legal limits for overtime hours. Aug-17 Occupational Safety and OSH Management Assessment of general occupational Set up an OSH committee and 8 Health Systems safety and health issues in the factory. conduct a monthly assessment of general occupational health and safety in the factory. Aug-17 Occupational Safety and OSH Management Mechanisms to ensure cooperation Ensure that the factory has an 8 Health Systems between workers and management active OSH committee that meets on OSH matters. at least once a month. Aug-17 Occupational Safety and OSH Management Written OSH policy signed by top Update OSH policy in 8 Health Systems management. consultation with workers representatives. Ensure that the policy is signed by top management. Aug-17 Occupational Safety and Chemicals and Inventory of chemicals and hazardous Update the list of chemicals used 8 Health Hazardous Substances substances used in the workplace and include the products in does not include the amount of storage in the inventory of chemicals in storage. chemicals and hazardous substances Aug-17 Occupational Safety and Chemicals and Assessing, monitoring, preventing Measure worker's exposure to 8 Health Hazardous Substances and/or limiting workers’ exposure to hazardous substances. hazardous substances. Aug-17 Occupational Safety and Chemicals and Washing facilities or cleansing Provide adequate washing 8 Health Hazardous Substances materials are not available in the facilities and cleansing materials event of chemical exposure. in the event of exposure to hazardous chernicals. Aug-17 Occupational Safety and Worker Protection Personal protective clothing and Replace damaged PPE and 47 Health equipment not available for workers provide adequate equipment to in the spot cleaning. workers using hazardous chemicals. Aug-17 Occupational Safety and Worker Protection Workers are not using personal Train and encourage workers to 47 Health protective equipment installed on properly use personal protective machines. equipment and machines. Aug-17 Occupational Safety and Worker Protection Missing guards on some dangerous Install proper guards and 8 Health parts of machines and equipment. maintain all dangerous parts of machines and equipment. Aug-17 Occupational Safety and Working Environment Workplace temperature exceed BW Improve the temperature levels 65 Health recommended limit of 30 C. throughout the workplace. [page 73] Aug-17 Occupational Safety and Welfare Facilities The last drinking water test provided Provide workers enough free safe The most recent water test 8 Health by the factory indicated that the water drinking water. completed revealed no contained harmful germs. harmful germs in the water. Aug-17 Occupational Safety and Health Services and No medical check for workers within Ensure medical checks are The factory implemented a 8 Health First Aid the first three months of hiring. performed on all workers within system to ensure that medical the first three months of hiring. checks are provided for all new workers. Aug-17 Occupational Safety and Health Services and lack of Health checks for workers who Provide bi-annual medical checks 8 Health First Aid are exposed to work-related hazards. to workers who have been exposed to work related hazard Aug-17 Occupational Safety and Health Services and Annual medical checks for workers. Ensure annual medical checks are The factory implemented a 8 Health First Aid provided to all workers. system to ensure that medical checks are provided for all new workers. Aug-17 Occupational Safety and Health Services and Access to one first aid box was Ensure first aid boxes are First aid boxes are 8 Health First Aid completely obstructed by fabric accessible and remain unobstructed. cartons. unobstructed. Assessment June 2016 Jun-16 Compensation Overtime Wages Security guards' overtime payment is Adjust the security guards' salary The factory adjusted the inaccurate. according to their working hours. security 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 correctly for regular overtime hours. are paid properly. security 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 thev received a fixed salarv. longer work at night. Jun-16 Compensation Overtime Wages Security guards were not paid for Ensure that the security guards' The security guards' payments overtime hours worked during legally payments are compliant with are compliant with legal mandated holidays as they received legal requirements. requirements. fixed salaries. Jun-16 Compensation Overtime Wages Security guards were not paid for Ensure that the security guards' The security guards' payments overtime hours worked during weekly payments are compliant with are compliant with legal rest days as they received fixed legal requirements. requirements. salaries. Jun-16 Compensation Premium Pay Security guards were incorrectly paid Ensure that the security guards' The security guards' payments for regular hours worked at night as payments are compliant with are compliant with legal there was no 50 percent increase for legal requirements. requirements. such payments Jun-16 Compensation Premium Pay Security guards were incorrectly paid Ensure that the security guards' The security guards' payments for regular hours worked during payments are compliant with are compliant with legal weekly rest days. legal requirements. requirements. [page 74] Jun-16 Compensation Premium Pay Security guards were incorrectly paid Ensure that the security guards' The security guards' payments for regular hours worked during payments are compliant with are compliant with legal holidays. legal requirements requirements. Jun-16 Compensation Wage Information, Use Payroll records for the last 3 months Ensure that the attendance The attendance system is and Deduction showed some discrepancies. system is linked to the payroll linked to 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 a 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 Resources terminated workers is incorrectly workers based on the average termination is based on calculated earnings for the last 3 months of average earnings. work. Jun-16 Contract and Human Termination The unused annual leave payments Management should compensate Annual leave payments are Resources for terminated workers is incorrectly workers based on the average based 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 Resources supplement or bonus is inaccurate. based on the actual days worked salary supplement or bonus is during the employment year. accurate. Jun-16 Occupational Safety and Chemicals and No MSDS and eye wash station MSDS for thinner and an eye The gallons of thinner has Health Hazardous Substances available for chemicals and hazardous wash station should be provided been removed substances. in the mechanic shop. Jun-16 Occupational Safety and Chemicals and EAs observed 2 gallons of thinner in MSDS for thinner and an eye The gallons were removed Health Hazardous Substances the mechanic shop. However, no wash station should be provided from the mechanic shop. MSDS was available. in the 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 Health recommended limit of 30 C. temperatures do not exceed 30C. added under the metal sheets. [page 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 Health Work recommendations. compliant with the to 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 Health accommodate a small percentage of accommodate all workers. eating 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 76] BETTER WORK HAITI - 16TH SYNTHESIS REPORT . Factory: Go Haïti ” Location Port-au-Prince Number of workers: 258 Date of BW registration: Date of last two Better Nov-16 Work assessments: Advisory and Training Services 20-Feb-18 Discussion on the training plan. Preparation of the election for the PICC. 16-Feb-18 Review the last assessment findings and the improvement plan. Assistance on the preparation of the Progress Report 1. Factory tour 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 16 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 5 Health adequate and adapted to worker's needs. Oct-17 Occupational Safety and Welfare Facilities The factory has 6 functional Ensure that the factory has 12 16 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 Aid The factory has 1 nurse and 5 Ensure that the factory has a 16 Health doctor's visits per week. permanent onsite medical staff, with at least 2 nurses and 3 doctor's visits per week. Oct-17 Occupational Safety and Health Services and First Aid First-aid training for workers. Provide first-aid training for at E) Health least 10 percent of the total workforce. Oct-17 Occupational Safety and Emergency Preparedness Training workers to use the Provide training to at least 10 5 Health firefighting equipment. percent of the total workforce in the use of fire-fighting equipment. Oct-17 Occupational Safety and Emergency Preparedness Periodic emergency drill Ensure that workers 5 Health participate to an emergency drill every six months. Oct-17 Occupational Safety and Emergency Preparedness Direct wire connection to electrical Ensure that possible sources 5 Health outlets in the storage room next of ignition appropriately to the gas thank. safeguarded. [page 77] Oct-17 Compensation Method of Payment Wages payment not regularly paid Ensure regular and timely E) on time. payment of wages every 15 days. Oct-17 Compensation Social Security and Other Employer contribution to ONA is Ensure that ONA payment is Change has been done in 5 Benefits based on minimum wage. based on the basic salary the system and it will be instead of worker's minimum effective in the next wages. Then, made the payroll. monthly payment within the 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 E) Benefits base on the minimum wage. based on the basic salary the system and it will be instead of worker's minimum effective in the next wWages. payroll. Oct-17 Occupational Safety and Worker Protection Workers are not using the eye Provide training to all workers Training have been 5 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 E) 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. 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 Aid The factory has only 1 on site To comply with the Haitian Health nurse and 1 doctor. labor code, the factory should hire an additional nurse as a part of their on site medical team. [page 78] [page 79] BETTER WORK HAITI - 16TH 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 06-Oct-17 Meeting with Management to review improvement plan. Factory tour to review OSH issue. Preparation of the PICC election. Bipartite meeting with unions and management 25-Nov-17 PICC training 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. 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 has an 5 and Collective Bargaining Discrimination leaders for absence during a leaders. agreement with the union sectorial strike. for the full payment of the notice period to terminated union leaders. Nov-17 Contract and Human Dialogue, Discipline and Incidents of verbal abuse from Train supervisors and The factory trained the 5 Resources Disputes supervisors reported by workers managers on the anti- supervisors on the anti- and observed during the harassment and abuse policy. harassment and abuse assessment visit. policy. Managers training is scheduled for the end of the month. Nov-17 Occupational Safety and Chemicals and Hazardous Unlabeled chemicals in use on the Elaborate a chemicals The factory hired two 30 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. Nov-17 Occupational Safety and Chemicals and Hazardous Inadequate storage of chemicals Elaborate a chemicals The factory hired two 5 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. [page 80] Nov-17 Occupational Safety and Chemicals and Hazardous Chemical safety data sheets were Elaborate a chemicals The factory hired two 16 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 36 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 5 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 5 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 36 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. 36 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 81] Nov-17 Occupational Safety and Welfare Facilities Insufficient eating area. Increase the number of seats in The factory is building 24 Health the eating areas. additional benches for the eating area. Nov-17 Occupational Safety and Health Services and First The factory did not provide health Provide health checks to The factory provided the 5 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. Nov-17 Occupational Safety and Health Services and First The factory did not provide Provide annual health checks The factory hired two 5 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 36 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 5 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 5 Health was not operational. alarm in module 4. Nov-17 Occupational Safety and Emergency Preparedness Firefighting equipment not Ensure that all fire 30 Health properly maintained. extinguishers are properly maintained and easily accessible. Nov-17 Occupational Safety and Emergency Preparedness inadequate marking or posting of Ensure that evacuation plans Evacuation plans was 5 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 5 Health emergency exit for the entire Module 4 exit for module 4 building. Nov-17 Occupational Safety and Emergency Preparedness Some emergency exits were not Ensure that all exits are easily 5 Health easily accessible, unobstructed, accessible during working and/or unlocked during working hours. hours, including overtime. [page 82] Nov-17 Occupational Safety and Emergency Preparedness Fire drills were not conducted Conduct fire drill in all buildings 5 Health every 6 months in all buildings. every 6 months. Nov-17 Working Time Regular Hours Working time records reliability Ensure that reasons for manual 5 was not confirmed. input of hours are properly recorded. 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 warkere 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 for the 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. [page 83] 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 chemicals. Daily checks are conducted to ensure that all procedures are in place and 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. 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. [page 84] 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. 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 85] BETTER WORK HAITI - 16TH SYNTHESIS REPORT . Factory: Haïti 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 19-Oct-17 PICC meeting on internal issues such as ongoing temporary suspension due to lack of work. 8&9-Dec-2017 Human resources management training 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 is Ensure the payments for 16 based on the minimum wage of legally mandate holidays are reference. paid correctly. Oct-17 Compensation Paid Leave The payment for weekly rest days Pay weekly rest day accurately 16 is based on the minimum wage of reference. Oct-17 Occupational Safety and Social Security and Other ONA contributions made were Pay ONA' deductions 16 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 16 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 Register with OFATMA for 16 Health Benefits work-related accident insurance is maternity and health less than 3 percent of the workers’ insurance base salary. Oct-17 Occupational Safety and Social Security and Other The factory has not yet registered Register with OFATMA for 16 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 16 Health Benefits with OFATMA for maternity and maternity and health health insurance. insurance [page 86] Oct-17 Occupational Safety and OSH Management Systems The OSH policy does not include Ensure to have an adequate 5 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 16 Health Substances chemicals and hazardous hazardous substances in local substances labeling does not language. comply with legal requirements. For example, some containers only show the name of the product and some labels are in a foreign language. Oct-17 Occupational Safety and Chemicals and Hazardous MSDS were missing for several Provide MSDS' for all chemical 16 Health Substances chernicals in the spot cleaning substances used in the area and in the chemical workplace in local language. warehouse..For many chemicals, MSDS' were only available in English instead of the workers’ native language. Oct-17 Occupational Safety and Worker Protection The factory has not provided Ensure to give appropriate E) Health goggles and impervious aprons for protective equipment to the chemical warehouse workers workers. and the face masks provided were in poor condition. Oct-17 Occupational Safety and Worker Protection Workers in the embroidery area Provide earplugs to workers in 5 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 16 Health provided to most workers in the foot rest to standing workers inspection areas of the different modules Oct-17 Occupational Safety and Worker Protection 70% of the sewing machines did Ensure that all machines have 16 Health not have belt and eye guards and their appropriate guards another machine located in the cutting area did not have a pulley guard Oct-17 Occupational Safety and Working Environment Temperature levels as follows Ensure that temperature is 16 Health exceeded 30 C under 30 C [page 87] Oct-17 Occupational Safety and Working Environment Insufficient light levels Ensure the workplace is 16 Health adequately lit Oct-17 Occupational Safety and Welfare Facilities Insufficient toilets Comply with legal 16 Health requirements regarding the number of the toilets Oct-17 Occupational Safety and Health Services and First Aid No regular health checks provided Arrange at least two medical 16 Health to workers exposed to work- checks for workers exposed to related hazards. work-related hazards Oct-17 Occupational Safety and Health Services and First Aid Annual medical checks have not Arrange an annual medical 16 Health been conducted for all eligible check for every worker. workers according to national law. Oct-17 Occupational Safety and Health Services and First Aid Insufficient medical staff. Comply the legal 16 Health requirements regarding medical staff Oct-17 Occupational Safety and Health Services and First Aid Less than 10% ofthe workforce Train 10% of the workforce in 16 Health 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 16 Health back warehouse adequate firefighting equipment. Install fire detection system in the back warehouse Oct-17 Occupational Safety and Emergency Preparedness The power outlet in the spot Safeguard any source of 5 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 16 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. 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. [page 88] 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'Ss 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'Ss 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 cleaning 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 chemnicals used in the in the spot cleaning area. workolace. 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 mats provided with anti-fatigue mats or workplace. to standing workers who foot rests. 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 miecino narte 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. [page 89] 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 Il toilets Health of toilets according to the size for men. of the workforce. Nov-16 Occupational Safety and Health Services and First Aid No systematic medical checks Ensure that newly hired The factory recently hired Health were arranged for newly hired workers received a 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 Aid No systematic medical checks Ensure that workers who have The factory recently hired Health 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 Aid No systematic annual medical Conduct annual medical The factory recently hired Health 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 Aid The factory has 2 full time nurses To comply with the Haitian The factory has modified Health and 1 doctor's visit per week. labour code, a factory of this his contract with the size must have a 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 Aid Only 38 workers were trained in To comply with the Haitian Health 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. 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. [page 90] Nov-16 Occupational Safety and Emergency Preparedness Cellular phones were being Install a proper phone Health charged with exposed wires inthe 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 91] BETTER WORK HAITI - 16TH SYNTHESIS REPORT : Factory: Horizon Manufacturing S.A. L Location Port-au-Prince Number of workers: 671 Date of BW registration: Aug-10 Date of last two Better Jun-17 Apr-16 Work assessments: Advisory and Training Services 29-Sep-17 Discussion on the composition of the PICC committee. Discussion on the election process, tools and calendar. 23-Feb-18 Discussion with management on the improvement plan updates. Discussion with PICC committee members on the compensation and OSH concerns ASSESSMENT COMPLIANCE CLUSTER COMPLIANCE POINT DETAILS OF NON COMPLIANCE IMPROVEMENT PRIORITIES REMEDIATION EFFORTS MONTHS Assessment June 2017 Jun-17 Compensation Overtime Wages Inaccurate payment for night shift Pay for night shift work A security company has 23 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 il 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 il 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 il Benefits ONA payments. ONA contributions. ONA contributions based on the basic salary as stipulated by the law. Jun-17 Compensation Social Security and Other Late and inaccurately calculated Comply with the law regarding The factory now calculates il 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. [page 92] Jun-17 Compensation Social Security and Other OFATMA contributions are Register the workers of Building All the workers of Building nl 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 il 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'S 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 from the _ are still 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 23 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- il 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 il 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 il Health Substances observed 2 unlabeled chemical used in the workplace. chemical containers in the containers in the chemical room of chemical room. Building 32. Jun-17 Occupational Safety and Chemicals and Hazardous No MSDS' were found for thinner Post MSDS' for all chemicals During the assessment, the il Health Substances and blow oùt in the spot cleaning used and stored in the factory took immediate and chemical storage areas of workplace. corrective action and posted Buildings 32. the corresponding MSDS'in the noted areas. [page 93] Jun-17 Occupational Safety and Chemicals and Hazardous Documented evidence of chemical Document and record safety The factory has started to il 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 23 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 il 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 il 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 il 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 il 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 il 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 il Health packing, cutting, sewing, quality and adequate in the noted sections. pressing sections. Jun-17 Occupational Safety and Working Environment The compressor room in Building Ensure that the compressor The factory has assigned a il 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. [page 94] Jun-17 Occupational Safety and Welfare Facilities The factory does not have the Provide the required number of The factory now provides an il Health required number of toilets for toilets for workers according to 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 nl Health newly hired workers within the first newly hired workers within the the onsite doctor to conduct three months of employment. first three months of health checks for newly employment. 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 il Health arranged for workers who have checks for workers who have the onsite doctor to conduct been exposed to work-related been exposed to work-related health checks for workers hazards. hazards. 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 il 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 il 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 il 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 il 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. Jun-17 Occupational Safety and Emergency Preparedness Only one fire drill conducted per Perform at least 2 fire drills per The factory conducted two il Health year. year as per Better Work's drills in 2017, one was in recommendation. February and another in August 2017. [page 95] Jun-17 Working Time Regular Hours Pregnant women are not aware of Develop a policy and inform The factory had an il 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 throughout the floor. Assessment April 2016 Apr-16 Compensation Overtime Wages Compensation for overtime hours Ensure that the security guards' The payments for all the worked at night was incorrectly compensation is compliant security guards were calculated for two security guards. with the law. adjusted accordingly. Apr-16 Compensation Premium Pay Inadequate payment for working Ensure that the security guards' The payments for all the 10 hours performed at night. compensation is compliant security guards were with the law. adjusted accordingly. Apr-16 Compensation Premium Pay The compensation for regular hours Ensure that the security guards' The payments for all the worked on weekly rest days was compensation is compliant security guards were incorrectly calculated for two with the law. adjusted accordingly. security guards. Apr-16 Compensation Paid Leave Calculations for the annual leave in Include maternity leave Maternity leave payments inaccurate for some workers. payments as a part of total are included in the earnings and therefore to calculation of annual leave. calculate the annual leave. Apr-16 Compensation Social Security and Other The annual salary supplement or Include maternity leave Maternity leave payment is Benefits bonus was incorrectly paid to some payments as a part of total included as a part of total workers. earnings and therefore to earnings and is used to calculate the annual salary calculate bonus payments. bonuses. Apr-16 Compensation Termination The factory failed to notify MAST Send prior notice to MAST A system was put in place for all temporary suspension of regarding all work stoppages. to send prior notice to work. MAST regarding all work stoppages. Apr-16 Contract and Human Chemicals and Hazardous Expired eye wash solution bottle Ensure that the eye wash A new washing station was Resources Substances found in the chemical storage area station is adequate for use. installed in the spot cleaning area. Apr-16 Occupational Safety and Working Environment The noise level is over the Ensure that the noise levels do The motor responsible for Health recommended limit in the pressing not surpass 90 dB in the the noise was removed section. pressing area. from the section. [page 96] Apr-16 Occupational Safety and Working Environment The lux level is under the Ensure that the light levels are Management has added Health recommended limit in some compliant with the suggested skylight sheets in one of the sections. requirements for each section. sections and intends to add more in other areas to address this issue. Apr-16 Working Time Overtime Excessive overtime for the security Limit overtime hours to a The management has staff and workers from the maximum of 80 hours within a limited the number of maintenance department. 3 month period. overtime hours for all the workers at the factory. [page 97] BETTER WORK HAITI - 16TH SYNTHESIS REPORT . Factory: Interamerican Woven S.A. 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 27-Sep-17 Advisory visit to discuss latest assessment findings. À calendar was prepared for the PICC's implementation. 17-Nov-17 Discussion with management on advisory services in general. PICC awareness day (awareness among workers about the committee) to find the volunteers 14-Mar-18 Discussion on advisory priorities and improvement plan. PICC election of worker representatives 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 Lil the actual hours worked for workers reflects exactly the working time in the sewing line. for all workers. Aug-17 Compensation Wage Information, Use and Inaccurate Payroll records. Time Record overtime hour worked, The factory technician has T 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 T 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 T 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 The factory decided to 44 Benefits based on a fixed salary for all based on the base salary instead continue to apply their workers. of a fixed salary for all workers. existing calculation principle for ONA payments. Aug-17 Compensation Social Security and Other Collecting and forwarding workers Ensure that ONA payments are The factory decided to 44 Benefits contributions for social insurance based on the basic salary for all continue to apply their funds to ONA. workers. existing calculation principle for ONA payments. [page 98] Aug-17 Compensation Social Security and Other Employer contribution to OFATMA Ensure that employers” 44 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 44 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 44 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 7 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 26 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 7 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 26 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 26 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 installed in 26 Health Substances materials are not available in the facilities and cleansing materials adequate location near spot event of chemical exposure. in the event of exposure to cleaning area. hazardous chemicals. [page 99] Aug-17 Occupational Safety and Worker Protection No training on the safe use of Train and encourage workers to The factory scheduled a 7 Health boilers were provided to the use PPE, machines and training for the maintenance assessors at the time of equipment safely. team with an expert on assessment. Boiler Safety and procedures. 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 56 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 29 Health cables, switches, plugs and room of Building 29 was equipment are properly covered. maintained. Aug-17 Occupational Safety and Worker Protection electrical box in the boiler room of Identify electrical hazards and The warning sign was posted 7 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 26 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 7 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 80 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 80 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. [page 100] Aug-17 Occupational Safety and Health Services and First Aid Insufficient medical staff. Hire additional medical staff, at The factory counts 3 nurses, 1 26 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. 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 26 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 7 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 26 Health equipment. and ensure they are not for the maintenance of the obstructed. extinguishers to fix and Identify a person in charge ofthe 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 7 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 T records reflects the exact working punching system to take in time. account workers who punch after 4 pm. Aug-17 Working Time Overtime Excessive overtime. Ensure that workers do not 29 exceed the legal limit of overtime hours. Aug-17 Freedom of Association Interference and Termination or non-renewal of Reinstate the 11 terminated union The factory is not intending 7 and Collective Bargaining 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. [page 101] 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. 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 ofthe 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 [page 102] 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. 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 available. 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. [page 103] 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 PPE. 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. 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 available for backup when repairs are needed. 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 oftoilets. they are renting the buildings from SONAPI. No waiting lines are seen in front of toilets. [page 104] 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. 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. [page 105] 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 106] BETTER WORK HAITI - 16TH SYNTHESIS REPORT . Factory: Interamerican Woven S.A. APH Location: Port-Au-Prince Number of workers: 590 Date of BW registration: Jan-16 Date of last two Better Jul-17 Apr-16 Work assessments: Advisory and Training Services 10-Oct-17 PICC meeting to discuss Industrial Relations issues. 14-Nov-17 Worker's interview and collects of information on the use of ATM in the factory. Meeting with HR manager to review the improvement plan. Factory tour with the compliance officer to review remediation efforts. 15-Nov-17 Chemicals management Industry Seminar 8-Dec-17 Human resources management training 9-Dec-17 Human resources management training 26-Jan-18 PICC meeting to review progress during the cycle and set new goals. Separate meetings with Human Resources Manager and Compliance Officer. Factory tour. 28-Feb-18 Review the Improvement plan and chemicals safety action plan. PICC meeting. Definition of the matrix of key OSH responsibilities ASSESSMENT COMPLIANCE CLUSTER COMPLIANCE POINT DETAILS OF NON COMPLIANCE IMPROVEMENT PRIORITIES REMEDIATION EFFORTS MONTHS Assessment June 2017 Jul-17 Compensation Païd Leave Inaccurate payment for legally Adjust payroll system to ensure 10 mandated holidays. that payment for legally mandated holidays comply with legal requirements. Jul-17 Compensation Paid Leave Inaccurate payment for weekly rest Adjust payroll system to ensure 10 days. that payment for weekly rest days comply with legal requirements. Jul-17 Compensation Païd Leave Inaccurate payment for sick leave. Adjust payroll system to ensure Management has made 10 that payment for sick leave is changes in the payroll. accurate. Payments for sick leave are based on workers’ average earnings. Jul-17 Compensation Paid Leave Inaccurate payment for maternity Adjust payroll system to ensure Payments for maternity leave 10 leave. that payments for maternity are based on workers’ average leave are accurate. earning. Jul-17 Compensation Social Security and Other Inaccurate calculation of employer Ensure that ONA payments are 10 Benefits contributions to ONA. based on the base salary instead of worker's average earnings. Jul-17 Compensation Social Security and Other Inaccurate calculation of workers’ Ensure that ONA payments are 10 Benefits contributions to ONA. based on the base salary instead of worker's average earnings. [page 107] Jul-17 Compensation Social Security and Other Employer contributions to OFATMA Ensure that contributions to 10 Benefits for work-related accident insurance OFATMA for work-related are based on the minimum wage. accident insurance are based on the base salary Jul-17 Compensation Social Security and Other Inaccurate calculation of employer Collect and forward 3 percent of 10 Benefits contribution to OFATMA for worker's base salary. maternity and health insurance. Jul-17 Compensation Social Security and Other Inaccurate calculation of worker's Ensure that 3 percent of worker's 10 Benefits contribution to OFATMA for base salary are collected and maternity and health insurance. forwarded to OFATMA for maternity and health insurance. Jul-17 Occupational Safety and Worker Protection Missing machine guards. Maintain an inventory of guards All the required safety guards 10 Health installed on machines. Ensure have been installed and the that proper guards are installed mechanical department is on all machines. responsible of maintaining a weekly inventory. Jul-17 Occupational Safety and Emergency Preparedness The factory's basement, which Install fire detection and alarm A fire detection system has 10 Health served as a fabric warehouse did not systems in the basement. been installed. have fire detection and alarm systems. Jul-17 Occupational Safety and Emergency Preparedness The factory's basement, which Provide fire fighting equipment in Fire fighting equipment have 10 Health served as a fabric warehouse did not the basement. been provided in the have any fire-fighting equipment. basement. Jul-17 Occupational Safety and Chemicals and Hazardous Inadequate personal protective Provide additional training to Training on PPE has been 10 Health Substances equipment. workers in the spot cleaning area conducted and workers are on the use of PPE. regularly using the protective masks. Assessment June 2017 May-16 Compensation Social Security and Other Employer contribution to ONA Ensure that ONA payments are Benefits based on the base salary instead of worker's average earnings. May-17 Compensation Social Security and Other Collecting and forwarding workers" Ensure that ONA payments are Benefits contributions for social insurance based on the base salary instead funds to ONA of worker's average earnings. May-17 Contracts and Human Employment Contracts Internal work rules Review the factory's internal work The internal work rules were Resources rules to ensure they comply with modified and now comply the legal requirements. With legal requirements. May-17 Occupational Safety and Chemicals and Hazardous Chemical safety data sheets for all Ensure that all the required All the required MSDS are Health Substances chemicals and hazardous MSDS are available. available. substances in the workplace. [page 108] May-17 Occupational Safety and Chemicals and Hazardous Washing facilities or cleansing Install adequate washing facilities. Washing facilities or cleansing Health Substances materials in the event of chemical materials in the event of exposure chemical exposure are available. May-17 Occupational Safety and Health Services and First Aid Onsite medical facilities and staff. Hire additional medical staff. The factory now has a Health sufficient number of onsite medical facilities and staff. [page 109] BETTER WORK HAITI - 16TH 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 12-Nov-17 PICC training 18-Jan-18 Meeting with the compliance team to introduce them to the BW portal and update the improvement plan. PICC meetings to discuss the committee workplan 2-Mar-18 Discussion management systems requirements with the compliance team. PICC meeting to discuss OSH issues. ASSESSMENT COMPLIANCE CLUSTER COMPLIANCE POINT DETAILS OF NON COMPLIANCE IMPROVEMENT PRIORITIES REMEDIATION EFFORTS MONTHS Assessment April 2018 Oct-17 Compensation Social Security and Other Late ONA payment. Holiday pay is Comply with the law on ONA All payments are included 18 Benefits not included in ONA deductions. payments. in the calculation of ONA except overtime. Oct-17 Compensation Social Security and Other Late ONA payment. Holiday pay is Pay the ONA payment All payments are included 18 Benefits not included in ONA deductions. accordingly. in the calculation of ONA except overtime. Oct-17 Compensation Social Security and Other No registration to OFATMA for Register to OFATMA for 18 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 18 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 6 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 18 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 Oct-17 Occupational Safety and Worker Protection Several standing workers were not Provide foot rests or shock The factory equipped all 18 Health provided with foot rests or shock absorbing mats to standing inspection tables with absorbing mats. workers. footrests. AIl standing workers have been trained about their usage. [page 110] Oct-17 Occupational Safety and Working Environment Temperature exceeds the Ensure that the temperature 18 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 18 Health Aid with proper health checks within the proper health checks within first three months of hiring. the first three months of hiring Oct-17 Occupational Safety and Health Services and First The factory does not provide workers Ensure that all workers 6 Health Aid with proper annual health checks. received an annual medical check. Document properly all the evidences of annual checks provided. Oct-17 Occupational Safety and Health Services and First Insufficient medical staff Ensure to have à permanent The factory plans to have 1 18 Health Aid onsite medical service with at doctor's visit per week. least, 1 nurse and 2 doctors Negotiations are in visits per week. progress. Oct-17 Occupational Safety and Health Services and First No systematic medical checks for Ensure to systematic medical The factory has a contract 6 Health Aid exposed to work related hazards. checks for workers exposedto with a private medical work related hazards. service provider and regularly sends workers for medical checks. Oct-17 Occupational Safety and Emergency Preparedness The current evacuation plan in the Update the evacuation plan in 6 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 April 2018 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 month to ONA on a monthly basis. should be paid within the first 10 working days of the following month. [page 111] 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 112] 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. chemicasi 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 usage. 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 113] [page 114] BETTER WORK HAITI - 16TH SYNTHESIS REPORT : Factory: Modas Bu II S.A. Location: Port-au-Prince Number of workers: 850 Date of BW registration: 14-Aug-13 Date of last two Better May-16 Apr-17 Work assessments: Advisory and Training Services 6-Oct-17 Meeting with management to review progress made on various OSH issues and the issue of verbal abuse. Meeting with union and workers on the verbal abuse issue. Factory tour. 31-Oct-17 PICC Meeting to discuss the water quality issue and the integration of the union members into the committee. 14-Nov-17 Labor Law Training 1-Feb-18 Meeting with HR Manager to revise pending improvement issue related to OFATMA. Factory tour with HR and Compliance manager. PICC Meeting to revise the progress made during the cycle and self diagnose potential new issues. 21-Feb-18 Meeting with MBI management and OFATMA representatives to discuss the implementation of the maternity and health insurance and related compliance requirements. 15-Mar-18 Meeting with the compliance team to review the results of factory self-assessment Factory tour with compliance manager and OSH committee members. ASSESSMENT COMPLIANCE CLUSTER COMPLIANCE POINT DETAILS OF NON COMPLIANCE IMPROVEMENT PRIORITIES REMEDIATION EFFORTS MONTHS Assessment April 2017 Apr-17 Compensation Paid Leave Payment for weekly rest days. Ensure that the weekly rest The factory revised its 12 day payment is correct. payroll procedure and the weekly rest days payment is now based on the average salarv Apr-17 Compensation Paid Leave Payment for legally mandated Revise payroll procedures to The factory revised its 12 holidays. ensure compliance with legal payment procedures to requirements ensure compliance with legal requirements. Apr-17 Compensation Social Security and Other Collecting and forwarding workers’ Revise payroll procedures to The factory revised its 12 Benefits contributions for social insurance ensure compliance with legal payroll procedures to funds to requirements ensure compliance with legal requirements. ONA payment is now done based on base salary. Apr-17 Compensation Social Security and Other Employer contribution to ONA. Revise payroll procedures to The factory revised its 12 Benefits ensure compliance with legal payroll procedures to requirements ensure compliance with legal requirements. ONA payment is now done based on base salary. [page 115] Apr-17 Compensation Social Security and Other Employer contribution to OFATMA Registered with OFATMA for Management completed 12 Benefits for maternity and health insurance. the maternity and health the registration process to Collecting and forwarding of workers’ insurance. OFATMA. contributions to OFATMA. Apr-17 Compensation Social Security and Other Collecting and forwarding of workers’ Registered with OFATMA for Management completed 12 Benefits contributions to OFATMA. the maternity and health the registration process to insurance. OFATMA. Apr-17 Contract and Human Dialogue, Discipline and Bullying, harassment or humiliating Provide training to both The factory conducted 20 Resources Disputes treatment of workers. Haitian and foreign training for both Haitian and supervisors on the verbal foreign supervisors on the abuse policy verbal abuse policy. Training was also provided to workers. Apr-17 Occupational Safety and Chemicals and Hazardous Labeling of chemicals and hazardous Conduct awareness training The factory labeled all the 48 Health Substances substances. for all workers handling chemicals containers and chemicals. A system should provided training to all be put in place to avoid workers using chemicals. recurrence. Apr-17 Occupational Safety and Chemicals and Hazardous Chemical safety data sheets for all Ensure that all required Chemical safety data sheets 48 Health Substances chemicals and hazardous substances chemical safety data sheets for all chemicals and in the for all chemicals and hazardous substances are workplace. hazardous substances are available in the available in the workplace workplace Apr-17 Occupational Safety and Chemicals and Hazardous Assessing, monitoring, preventing Assess, monitor, prevent The factory regularly 12 Health Substances and/or limiting workers’ exposure to and/or limit workers’ assesses and monitors hazardous substances. exposure to workers’ exposure to hazardous substances. hazardous substances. Apr-17 Occupational Safety and Chemicals and Hazardous Washing facilities or cleansing Provide adequate washing Washing facilities or 48 Health Substances materials in the event of chemical facilities or cleansing materials cleansing materials in the exposure were not available in all in the event of chemical event of chemical exposure areas where workers use chemicals. exposure. are available. Apr-17 Occupational Safety and Emergency Preparedness Training workers to use the The factory should train The factory trained 12 Health firefighting equipment additional workers in fire additional workers in fire fighting. fighting. Based on the current number of workers, the factory is in compliance With the requirements. Apr-17 Occupational Safety and Emergency Preparedness Some firefighting equipment were Ensure that all firefighting The compliance officer 12 Health not properly maintained. equipment are properly regularly verifies the maintained and inspected. firefighting equipment. [page 116] Apr-17 Occupational Safety and Health Services and First Annual medical checks for workers. Increase doctor's visit The factory hired a doctor 48 Health Aid frequency to 3 visits a week who conducts the medical and have doctors perform checks on a regular basis. medical checks. Apr-17 Occupational Safety and Health Services and First No medical checks are provided to Increase doctor's visit The factory hired a doctor 12 Health Aid workers within the first three months frequency to 3 visits a week who conducts the medical of hiring. and have doctors perform checks on a regular basis. medical checks. Apr-17 Occupational Safety and Health Services and First The factory does not provide free Increase doctor's visit The factory hired a doctor 48 Health Aid health checks to workers who have frequency to 3 visits a week who conducts the medical been exposed to work related and have doctors perform checks on a regular basis. hazards. medical checks. 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 48 Health Aid comply with the Haitian Labor Code, increase doctor's visit who visits the factory 3 the factory should have à permanent frequency to 3 times a week. times per 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 12 Health Aid there were a sufficient number of boxes/supplies in the boxes/supplies in the readily workplace are readily workplace are readily accessible first aid boxes/supplies in accessible. accessible . the workplace. Apr-17 Occupational Safety and Health Services and First Insufficient first-aid training for Provide first-aid training for 12 Health Aid workers. 10% 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 All workers using chemicals 48 Health provided with personal protective should be provided with are provided with personal clothing and equipment. personal protective clothing protective clothing and and equipment. equipment. Apr-17 Occupational Safety and Worker Protection Shock absorbing mats are missing for Provide all standing workers All standing workers are 12 Health standing workers. with shock absorbing mats provided 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. [page 117] Apr-17 Working Time Overtime Limits on overtime hours worked. Monitor and limit the number The factory is monitoring 24 of overtime hours performed. the 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 12 regarding break for pregnant internal policies regarding women break for pregnant women. Also all pregnant women were informed of this new policy. Assessment May 2016 May-16 Freedom of Association Freedom to Associate Termination of union representatives. Reinstate the worker(s). The factory developed an 21 and Collective Bargaining Awareness on freedom of FOA policy that was association (FOA) to be done communicated to workers. for foreign supervisors and Also, industrial relations managers. Inform workers training was provided to about the freedom of both Haitian and foreign association policy. supervisors. May-16 Freedom of Association Interference and Freedom to form and join a union. Awareness on freedom of The factory developed an 21 and Collective Bargaining Discrimination association to be done for FOA policy that was foreign supervisors and communicated to workers. managers. Inform workers Also industrial relations about the freedom of training was provided to association policy. both Haitian and foreign supervisors. May-16 Compensation Wage Information, Use Time records were inconsistent with Keep accurate payroll records. The attendance system was and Deduction the payroll. reviewed with the service provider. May-16 Compensation Païd Leave The factory pays sick leave to Ensure that the payment of Management implemented workers. However, the payment for sick leave is accurate. a new procedure to sick leave is based on the minimum calculate average earnings wage and not on the workers” based on the last 3 payrolls average earnings. and ensure that sick leave payment is accurate. May-16 Compensation Paid Leave The payment for maternity leave for Ensure that the payment of Management implemented piece rate workers is based on the maternity leave is accurate. a new procedure to minimum wage and not on the calculate average earnings workers’ average earnings. based on the last 3 payrolls and ensure that maternity leave payment is accurate. [page 118] May-16 Contract and Human Employment Contracts The factory ‘s working hours in the Update internal work rules Talks have been initiated Resources internal work rules are different than with the actual working hours with the company lawyer in the reality. Management did not send and inform MAST. order to make the changes. a letter to MAST to announce the actual change in the internal rules. May-16 Contract and Human Dialogue, Discipline and Workers explained that supervisors Awareness and training to be Management conducted Resources Disputes sometimes yell at them and utter done for foreign supervisors training for Haitian and insults when they are not satisfied and managers. foreign supervisors on this with something workers do. topic. May-16 Occupational Safety and Chemicals and Hazardous EAs observed several unlabeled Awareness to be done for all The factory labeled all the 36 Health Substances containers of chemicals such as workers and production chemicals containers and thinner. officers regarding chemical provided training to all handling discussions and workers using chemicals. assign clear responsibility for this issue. May-16 Occupational Safety and Chemicals and Hazardous The factory had MSDS for all but one Post MSDS where needed. MSDS have been posted in 36 Health Substances chemical product found in the the relevant areas. mechanic shop without MSDS. Training was provided for workers on the use of chemicals. May-16 Occupational Safety and Chemicals and Hazardous No washing materials were installed Add eye wash bottles where Eye washing bottles were 36 Health Substances inside or near the mechanics shop needed. provided in the relevant where chemicals were also found. areas. May-16 Occupational Safety and Worker Protection No earplugs were found in the Provide new earplugs in New earplugs have been 36 Health generator room. generator area. provided in the generator area. May-16 Occupational Safety and Worker Protection No evidence of training for workers Train workers on the effective 36 Health on PPE use provided. use of PPE. May-16 Occupational Safety and Worker Protection Electrical wires are not properly Electrical maintenance needs Electrical maintenance was Health installed. to be improved. improved throughout the factories. May-16 Occupational Safety and Working Environment The temperature is over the Ensure workplace 36 Health recommended level of 30C in temperature is compliant in all building 53. sections. May-16 Occupational Safety and Welfare Facilities EAs did not find any soap in the Ensure that soap is readily 36 Health workplace at the time of the available in the workplace. assessment. [page 119] May-16 Occupational Safety and Welfare Facilities The water quality test provided by Implement new procedure for À new procedure has been Health the factory mentioned that the water water test. implemented to address was not good this issue. Water tanks are cleaned every 2 weeks and frequent maintenance is being conducted for the filtration system. May-16 Occupational Safety and Health Services and First No medical checks are provided to Increase doctor's visit Management has increased Health Aid workers within the first three months frequency to 3 visits a week the number of weekly of hiring. and have doctors perform doctor's visits, as advised. medical checks. However, the doctor has not started to perform medical checks yet. May-16 Occupational Safety and Health Services and First The factory does not provide free Increase doctor's visit Management has increased 36 Health Aid health checks to workers who have frequency to 3 visits a week the number of weekly been exposed to work related and have doctors perform doctor's visits, as advised. hazards. medical checks. However, the doctor has not started to perform medical checks yet. May-16 Occupational Safety and Health Services and First The factory has only 2 nurses. To Hire 2 additional nurses and 36 Health Aid comply with the Haitian Labor Code, increase doctor's visit the factory should have a permanent frequency to 3 times a week. onsite medical service, with at least 5 nurses and 3 doctors' visits each week. May-16 Occupational Safety and Emergency Preparedness During the factory tour, EAs found Ensure that all exits remain All'exits are unlocked during 36 Health one exit locked in building 53. unlocked during working working time. hours. May-16 Occupational Safety and Emergency Preparedness No regular fire drills were conducted Conduct at least 2 fire drills The factory performed the 36 Health in building 52. per year. required fire drills and has a schedule for the upcoming one. May-16 Working Time Regular Hours Working time records do not reflect Keep accurate and detailed From January 2017, the the actual hours worked. working time records. factory changed its regular work hours to 7am to 4pm including a one hour lunch break for all workers. The attendance system was also adjusted to reflect this change [page 120] [page 121] BETTER WORK HAITI - 16TH SYNTHESIS REPORT : Factory: MGA Haiti S.A Location Port-au-Prince Number of workers: 960 Date of BW registration: Oct-09 Date of last two Better Jun-17 Jun-16 Work assessments: Advisory and Training Activities 17-Nov-17 Meeting with the compliance team to review pending points in the improvement plan. Factory tour with compliance officer and a union representative. Interview with boiler 25-Jan-18 Discussion on the functioning of the PICC. Factory tour to conduct hazard hunt. 08-Mar-18 Discussion on OSH findings and remediation process with the new compliance officer. Joint Factory tour. Verification of remediation from previous visit. Meeting on the PICC elections with union representatives (SOTA-BO & CFOH) and compliance officer. ASSESSMENT COMPLIANCE CLUSTER COMPLIANCE POINT DETAILS OF NON COMPLIANCE IMPROVEMENT PRIORITIES REMEDIATION EFFORTS MONTHS Assessment June 2017 Jun-17 Compensation Premium Pay Inaccurate compensation for weekly : Compensate for weekly rest days The company now 10 rest days. according to the law. calculates compensation for weekly rest day based on average earnings. Jun-17 Compensation Paid Leave Inaccurate payment for legally Adjust payroll system to ensure The company now 10 mandated holidays. that the payments for legally calculates compensation mandated holidays are accurate. for legally mandated holidays based on average earnings. Jun-17 Compensation Social Security and Other The factory has not registered with Register and forward employer's 10 Benefits OFATMA for maternity and health contribution to OFATMA for insurance services. maternity and health insurance services. Jun-17 Compensation Social Security and Other The factory has not registered with Register and forward workers’ 10 Benefits OFATMA for maternity and health contribution to OFATMA for insurance services. maternity and health insurance services. Jun-17 Compensation Social Security and Other _Inaccurate calculation of employer's Ensure that ONA payments are The calculation method has 55) Benefits contributions to ONA. based on the basic salary instead been adjusted to comply of worker's minimum wages. with this requirement. Jun-17 Compensation Social Security and Other Inaccurate calculation of worker's Ensure that ONA payment is The calculation method has 35 Benefits contributions for social insurance based on the basic salary instead been adjusted to comply funds to ONA. of workers’ minimum wages. With this requirement. [page 122] Jun-17 Contract and Human Employment Contracts Inadequate employment contracts. Review the employment contract The employment contract 10 Resources template to ensure compliance has been revised with the with legal requirements and suggested terms and include key employment terms specifications. and conditions such as hours of work, the nature of the work to be performed, the amount of pay and benefits. Jun-17 Occupational Safety and Chemicals and Unlabeled chemicals. Label all containers, conduct Training has been 10 Health Hazardous Substances training for workers on the safe conducted for workers in handling of chemical substances the spot cleaning area. and assign someone to regularly monitor this issue. Jun-17 Occupational Safety and OSH Management Inactive OSH committee. Ensure that the factory has an All committee members 10 Health Systems active OSH committee, which have been trained. Also, the meets at least once a month. factory has hired a new compliance office and resumed monthly occupational safety and health assessments. Jun-17 Occupational Safety and Emergency Missing fire extinguishers. Increase the frequency of The missing fire 83 Health Preparedness inspections of fire extinguishers in extinguishers have been all buildings. Replace missing fire replaced and an inspection extinguishers. Keep a stock of sheet is available. additional fire extinguishers for use in case of an emergency. Jun-17 Occupational Safety and Emergency Obstructed evacuation aisles with Ensure that the aisles between The maintenance 10 Health Preparedness fabric bundles. the sewing lines remain department has already unobstructed during working begun to trace the floor of hours, including overtime. the factory so that more space can be found for the evacuation lines Jun-17 Occupational Safety and Worker Protection Inadequate PPE for workers using Provide appropriate PPE and Training was conducted for 10 Health thinner in the spot cleaning area. conduct training for all workers workers in the spot cleaning using chemicals. area and the mechanic shop. PPE has also been orovided Jun-17 Occupational Safety and Worker Protection Inadequate electrical maintenance. Ensure that all electrical wires and The factory had started to 10 Health equipment are properly installed install electrical cord covers. and maintained. Jun-17 Occupational Safety and Working Environment Excessive workplace temperature. Improve the temperature levels in Temperature in building 17 83 Health the sewing and pressing sections. was observed to be at 28C during factory tour by factory thermometer [page 123] Jun-17 Occupational Safety and Welfare Facilities Insufficient number of toilets Fix non-functioning toilets and The industrial park from 95 Health add more toilets to comply with which the factory rents its the legal requirements. buildings has already begun the construction of additional toilets. Jun-17 Occupational Safety and Welfare Facilities Capacity of the eating area is Increase the capacity of the eating The factory has built 95 Health insufficient to accommodate allthe area. another cafeteria. workers Jun-17 Occupational Safety and Health Services and First No health checks conducted for Provide at least two medical The factory has contracted 10 Health Aid workers exposed to work-related checks per year to workers who Para Clinical Examinations hazards. have been exposed to work- to conduct regular health related hazards. checks for all workers. The administration will continue the process every 6 months to avoid that this issue repeats again. Jun-17 Occupational Safety and Health Services and First Annual medical checks not Ensure that annual medical 10 Health Aid conducted for all workers. checks are provided for all workers. Jun-17 Occupational Safety and Health Services and First Insufficient onsite medical facilities Hire additional medical staff to 95 Health Aid and staff. include at least 4 nurses and 3 doctor's visits per week. Assessment June 2016 Jun-16 Compensation Minimum Wages/Piece Minimum wage Pay at least the legal minimum Adjustment has been made Rate Wages wage to all security guards. in the last payroll. Jun-16 Compensation Overtime Wages Overtime wages Pay security guards at least Adjustment has been made correctly for all ordinary overtime in the last payroll. hours worked. Jun-16 Compensation Wage Information, Use Inaccurate payroll Have an accurate and detailed The time punching system and Deduction payroll system. has been fixed. Jun-16 Compensation Paid Leave Payment for sick leave. Pay sick leave based on the Several meetings were held workers’ average earnings. with the HR Department and accountants to apply the changed sick leave payments. Jun-16 Compensation Paid Leave Payment for maternity leave . Pay maternity leave based on the The payroll system has worker's average earnings. been updated accordingly. Jun-16 Compensation Social Security and Other Employer contribution to ONA. Employer must forward their Meeting was held with the Benefits contributions to ONA. HR and accountant staff and adjustments are expected to follow. [page 124] Jun-16 Compensation Social Security and Other Collecting and forwarding workers” Employer must collect and Meeting was held with the Benefits contribution to ONA. forward workers’ contributions to HR and accountant staff ONA. and adjustments are expected to follow. Jun-16 Occupational Safety and Worker Protection Lack of electrical maintenance. Improve electrical maintenance. Electrical maintenance was Health improved and all boxes have been covered. Jun-16 Occupational Safety and Working Environment Workplace Temperature Ensure workplace temperature is Protective sheets have Health compliant. been added under the metal roof, additional fans have been installed and non-functioning exhaust fans have been fixed. Jun-16 Occupational Safety and Welfare Facilities Insufficient number of toilets Fix non-functioning toilets and All non-functioning toilets Health add more toilets in order to be have been fixed. The compliant with the legal management has requirements. requested SONAPI to add more toilets. Jun-16 Occupational Safety and Welfare Facilities Washing facilities and soap. Regularly monitor availability of Soap has been provided in Health soap in restrooms and provide the restrooms. soap when needed. Jun-16 Occupational Safety and Welfare Facilities Capacity of the eating area Increase the capacity of the eating The factory provided Health insufficient to accommodate allthe area. additional seats and tables workers to accommodate more workers. Jun-16 Occupational Safety and Health Services and First Insufficient onsite medical staff Have at least 4 nurses and at The factory signed a Health Aid least 3 doctor's visits per week. contract with DASH to provide two doctor's visits per week. Jun-16 Occupational Safety and Emergency Several missing fire extinguishers Add fire extinguishers where Adequate fire extinguishers Health Preparedness were observed in the plant. needed. Maintain all extinguishers have been provided. on a regular basis. Jun-16 Occupational Safety and Emergency Fire drills Conduct at least 2 fire drills per A fire drill was conducted in Health Preparedness year. August 2016 and another one in January 2017. Jun-16 Working Time Overtime Authorization from MAST to work Obtain authorization to work A request to work overtime overtime. overtime from MAST. was sent to MAST in September 2016. Jun-16 Working Time Regular Hours The working hours mentioned in the Keep accurate working time Attendance records attendance records do not reflect records. accurately reflect the hours the hours actually worked. worked. [page 125] BETTER WORK HAITI - 16TH SYNTHESIS REPORT Factory: PACIFIC SPORTS HAITI SA. " Location: Port-au-Prince Number of workers 1868 Date of BW registration: Nov-09 Date of last two Better Jul-17 Jun-16 Work assessments Advisory and Training Services 19-Oct-17 Advisory visit on the fundamental criteria of a grievance mechanism and how to develop a grievance mechanism policy. 25-Jan-18 Meeting with the PICC committee. Review of improvement plan. Factory tour 22-Feb-18 Discuss the training plan. Review the improvement plan. PICC meeting. Factory tour ASSESSMENT COMPLIANCE CLUSTER COMPLIANCE POINT DETAILS OF NON COMPLIANCE IMPROVEMENT PRIORITIES REMEDIATION EFFORTS MONTHS Assessment July 2017 Jul-17 Compensation Paid Leave Inaccurate payments for legally Adjust the payroll system to ensure The factory has made 8 mandated holidays. that the payments for legally adjustments to their payroll mandated holidays are based on system for holiday payments. workers average earnings. Jul-17 Compensation Social Security and Other The factory has not registered with Register with OFATMA for Registration with OFATMA for 8 Benefits OFATMA for maternity and health maternity and health insurance maternity and health insurance insurance. services. services is in process. Jul-17 Compensation Social Security and Other The factory has not registered with Register with OFATMA for Registration with OFATMAisin 8 Benefits OFATMA for maternity and health maternity and health insurance process for maternity and insurance. services. Collect and forward health insurance services. workers’ contributions to OFATMA. Jul-17 Occupational Safety and Emergency Preparedness Obstructed access to fire fighting Assign someone to inspect fire The factory has reorganized a Health equipment. extinguishers on a regular basis. Do the workplace and also a root cause analysis to find out assigned 2 persons to inspect why access to several fire fire extinguishers at the extinguishers are obstructed. workplace. Provide training to workers on the use of fire fighting equipment. Jul-17 Occupational Safety and Emergency Preparedness 80 percent of the evacuation aisles Ensure that the aisles remain The factory recently rented 8 Health in the fabric warehouse of Building unobstructed. another building to store 25 are blocked by trolleys. fabrics and other materials. Jul-17 Occupational Safety and Emergency Preparedness Inadequate maintenance of Identify an appropriate place to 8 Health electrical equipment store cardboard boxes. Ensure that access to electrical cabinets remain unobstructed and free from flammahle sources [page 126] Jul-17 Occupational Safety and Health Services and First Insufficient number of annual Ensure that annual medical checks 85% of the workers have 8 Health Aid medical checks for workers are provided to all workers received their annual medical checks Jul-17 Occupational Safety and Health Services and First Insufficient onsite medical staff Hire additional medical staff to The management is in the 35 Health Aid include at least 8 nurses and 3 process of recruiting 2 doctor's visits per week. additional nurses. Jul-17 Occupational Safety and Working Environment Workplace temperatures exceeded Improve the temperature levels in 58 Health the recommended limit of 30 C the workplace. Jul-17 Occupational Safety and Working Environment Noise level in the sewing section of Identify the source of excessive 8 Health Building 8 exceeded 90 dB. noise and explore possibilities to address this hazard. If noise levels can not be reduced at source, provide adequate PPE to workers in the nnted area Assessment June 2016 Jun-16 Compensation Wage Information, Use Inaccurate Payroll Ensure consistency in between all Adjustments were made and Deduction time and payment-related records. during the last payroll to ensure that records match. Jun-16 Compensation Social Security and Other Employer contribution to ONA Ensure on time and accurate Review of the payroll for the Benefits payments to ONA. month of April revealed the employer's contribution to ONA is based on the basic salary. Jun-16 Compensation Social Security and Other Collecting and forward workers’ Ensure on time and accurate Several meetings were held to Benefits contribution to ONA payments to ONA. inform the workforce about the payroll adjustments. Workers' contribution will be based on the basic salary. Review of the payroll for the month of April revealed the employer's contribution to ONA is based on the basic salary. Jun-16 Occupational Safety and Chemicals and Hazardous Chemicals hazardous substances Identify all secondary chemical All containers have been Health Substances not properly labeled containers in the workplace. identified. Jun-16 Occupational Safety and Working Environment Insufficient light levels in the Ensure that lighting levels are Nevw lighting installations were Health workplace. adequate. made in Buildings 7 and 27. Jun-16 Compensation Paid Leave Payment for sick leaves is based on Adjust payroll system to ensure Change already made in the the minimum wage instead of the that sick leave payment is accurate payroll payment. Sick leaves workers’ average daily earnings. are now based on the workers’ average daily earnings. [page 127] Jun-16 Compensation Paid Leave Payment for maternity leaves is Adjust payroll system to ensure The payroll system is updated based on the minimum wage that maternity leave payment is and payments for maternity instead of the workers’ average accurate leave are based on workers’ daily earnings average earnings Jun-16 Occupational Safety and Chemicals and Hazardous No inventory of chemnicals available Maintain an inventory of chemicals A system was put in place to Health Substances and hazardous substances used in ensure that the inventory is the workplace readily available in the workplace Jun-16 Occupational Safety and Chemicals and Hazardous One eye wash station is not Ensure that all eye wash stations The eye wash station was fixed Health Substances working. are functional. and is working correctly Jun-16 Occupational Safety and Worker Protection Electrical maintenance Ensure that all electrical boxes are Electrical maintenance was Health properly safe guarded, at all times. improved and the necessary correction was made during the assessment Jun-16 Occupational Safety and Worker Protection Lack of electrical maintenance Post warning signs on all electrical Warning signs were posted as Health boxes, and do the verification advised. through internal audits on a regular basis. Jun-16 Occupational Safety and Working Environment Temperatures exceed BW's Ensure that the workplace Management is currently Health recommended limit of 30 C. temperature does not exceed 30 C. testing a cooling system using a sprinkler and metal sheets to address this issue Jun-16 Occupational Safety and Welfare Facilities Insufficient number of toilets Ensure that number of toilets is 16 additional toilets were Health compliant with the legal added we have sufficient requirements toilets for men and women this is completed Jun-16 Occupational Safety and Health Services and First Insufficient onsite medical staff To comply with the Haitian Labor The management is currently Health Aid Code, the factory should have at recruiting 2 additional nurses least 8 nurses Jun-16 Occupational Safety and Emergency Preparedness Fire extinguishers obstructed and Ensure that all fire extinguishers are This issue was corrected during Health missing the identification tag. unobstructed and are provided the assessment. AI fire with proper tags extinguishers have the necessary tags and are freely accessible Jun-16 Working Time Overtime No proof of authorization from the Obtain an authorization from Management has requested an Ministry of Labor to work overtime. MAST before performing overtime authorization for overtime work work from MAST [page 128] BETTER WORK HAITI - 16TH SYNTHESIS REPORT : Factory: Palm Apparel S.A. Location Port-au-Prince Number of workers: 1592 Date of BW Nov-09 registration Date of last two Jul-16 Aug-17 Better Work Advisory and Training Activities 29-Sep-17 Advisory visit and meeting with the Compliance Manager on payment for legally mandated holidays, and ONA and OFATMA for maternity and health insurance. 30-Sep-17 PICC training 15-Nov-17 Industry Seminar on chemical management 24-Nov-17 IR Training 27-Oct-17 Advisory visit 2-Feb-18 PICC meeting to review the role and responsibilities of the committee members and complete the self-diagnosis. 21-Mar-18 Overview of key functionalities of the supplier portal with the compliance team. Review the improvement plan. PICC meeting. Factory tour ASSESSMENT COMPLIANCE CLUSTER COMPLIANCE POINT DETAILS OF NON COMPLIANCE IMPROVEMENT PRIORITIES REMEDIATION EFFORTS MONTHS Assessment August 2017 Aug-17 Compensation Premium Pay Inaccurate payment for regular hours Adjust payroll system to ensure The payment for legally 13 worked on legally mandated holidays. that the payment for regular hours mandated holidays is now worked on legally mandated based on average earnings. holidays is based on workers’ average earning. Aug-17 Compensation Paid Leave Inaccurate payment for legally Ensure that the payment for The payment for legally 13 mandated holidays. legally mandated holidays is mandated holidays is now based on workers’ average based on average earnings. earnings. Aug-17 Compensation Social Security and Other Inaccurate calculation of employer's Revise payroll procedure to ensure 84 Benefits contributions to ONA. that ONA payments are based on the basic salary instead of the workers" minimum wage. Aug-17 Compensation Social Security and Other Inaccurate calculation of workers” Ensure that ONA payments are 84 Benefits contributions for social insurance to based on the basic salary instead ONA. of workers’ average earnings. [page 129] Aug-17 Occupational Safety and Chemicals and Hazardous Inadequate labeling of chemicals and Label all chemical containers, 13 Health Substances hazardous substances in the mechanic provide training on the safe room. handling of chemical substances and also monitor the labeling of containers. Aug-17 Occupational Safety and OSH Management Workplace temperatures in the packing, Maintain temperature levels below 13 Health Systems sewing and inspection sections of 30 Cin the noted areas. Buildings 2, 3 and 4 exceeded the recommended limits of 30 C Aug-17 Occupational Safety and Welfare Facilities Insufficient number of toilets. Ensure that the factory has at 13 Health least 21 functioning toilets for men and 65 functioning toilets for women. Aug-17 Occupational Safety and Welfare Facilities The eating area at Thor can only Ensure that the eating area can 13 Health accommodate a small percentage of accommodate all workers. the workforce. Aug-17 Occupational Safety and Health Services and First Insufficient medical staff. Hire additional medical staff to 13 Health Aid include at least 7 nurses and 3 doctor's visit per week. Aug-17 Occupational Safety and Emergency Preparedness Several escape routes were obstructed Ensure that the evacuation aisles 78 Health by boxes of finished goods on floors 2 remain unobstructed during and 5. working hours, including overtime. Aug-17 Working Time Overtime No authorization has been obtained Obtain authorization from MAST New regulation eliminated this 18 from the Department of Labour for before working overtime. requirement. overtime work. Aug-17 Compensation Social Security and Other The factory does not forward the Collect and forward 3 percent of The factory pays 2 percent of 13 Benefits required employer's contribution to the workers’ basic salary to worker's average earnings to OFATMA for maternity and health OFATMA for maternity and health OFATMA for maternity and insurance. insurance. health insurance. Aug-17 Compensation Social Security and Other The factory does not collect and Ensure that 3 percent of workers’ The factory collects and 13 Benefits forward the required workers basic salary is collected and forwards 2 percent of worker's contributions to OFATMA for maternity forwarded to OFATMA for average earnings to OFATMA and health insurance. maternity and health insurance. for maternity and health insurance. All workers are registered. Assessment July 2016 [page 130] Jul-16 Occupational Safety and Emergency Preparedness One exit door was locked and another Ensure that each building has at A security guard was stationed Health exit led to another room instead of an least 2 exits that are unlocked at near the previously locked outdoor space. all times. gate, so that it can be kept unlocked now at all times. Jul-16 Occupational Safety and Emergency Preparedness Electrical maintenance is not adequate. Limit electrical hazards at the This issue was corrected Health workplace. during the assessment. Jul-16 Working Time Overtime Time records showed that workers Limit overtime work to a Management said that they worked up to 84 hours of overtime in a maximum of 80 for a 3 month have stopped working on trimester. period. Sundays in order to reduce the amount of overtime. Jul-16 Working Time Overtime No authorization to work on Sundays Obtain prior authorizations from Authorization has been obtained from the Department of MAST for work on sundays. requested from MAST. Labor. Jul-16 Working Time Overtime No authorization for overtime work Obtain prior authorizations from Authorization has been obtained from the Department of MAST for overtime. requested from MAST. Labor. Jul-16 Compensation Social Security and Other Employer contribution to ONA. ONA payments should be Benefits accurately calculated. Jul-16 Contract and Human Dialogue, Discipline and Disciplinary measures not compliant Ensure that termination is made in The dismissed workers have Resources Disputes with the law. line with legal requirements. been reinstated. Jul-16 Occupational Safety and Worker Protection Inadequate PPE were provided to Provide adequate PPE to the Management provided PPE as Health workers workers in the spot cleaning area. needed. Jul-16 Occupational Safety and Welfare Facilities No soap was available in the toilets at Increase the supply of soap in the Management increased the Health the time of the visit. toilets and ensure regular supply of soap and are trying verification. to control wasteful habits. Jul-16 Occupational Safety and Welfare Facilities Drinking water Maintain an adequate supply of The management increased Health drinking water for all workers. the supply of water. [page 131] BETTER WORK HAITI - 16TH 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 20-Oct-17 PICC Meeting on Grievance mechanism in relation to the self-diagnostic process. 15-Nov-17 Chemicals management training 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. 30-Nov-17 Industrial Relations Training O1-Feb-18 Overview of key functionalities of the supplier portal with the new HR manager. Improvement plan exercices with PICC members. Coaching on the preparation of the progres report with HR manager. 20-Mar-18 PICC meeting. Review the report on dismissal with management. Review of improvement plan. Factory tour. Meeting with union president. 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 19 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 19 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 19 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 19 Benefits for the OFATMA for the maternity salary to OFATMA for maternity and health insurance is innacurate. and health insurance. Aug-17 Compensation Social Security and Other Payment of workers’ contribution Collect and forward 3 percent of 19 Benefits for the OFATMA for the maternity workers’ base salary to OFATMA and health insurance is innacurate. for maternity and health insurance. [page 132] Aug-17 Occupational Safety and Chemicals and Inadequate storage of chemicals Define a storage place for each The chemical concerned, 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 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 19 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 23 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 10 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 established 77 Health Aid systematically provided for workers provided to new workers within the a plan to provide systematic upon hiring. first first three months of hiring. health 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 established 77 Health Aid systematically provided for workers. provided to all workers. a plan to provide annual medical checks to all workers. Aug-17 Occupational Safety and Health Services and First _insufficient medical staff. Hire additional medical staff, at 77 Health Aid least 8 nurses and 3 doctor's visit per week. [page 133] Aug-17 Occupational Safety and Emergency Preparedness Firefighting equipment not properly Ensure that the workplace has 10 Health maintained. adequate fire-fighting equipment. Assign someone to monitor firefighting equipments. Keep an inspection record. Aug-17 Occupational Safety and Emergency Preparedness Escape routes blocked by boxes of Conduct a root cause analysis. 29 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 19 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 10 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 10 Department of Labour before Department of Labour before working at night. working at night. Aug-17 Working Time Overtime The factory exceeded the legal limits Respect the legal overtime limit. 10 on overtime hours worked in the packing section. Aug-17 Working Time Overtime No authorization for performing Request authorization of MAST to 10 overtime was provided by perform overtime work. management during the time of the assessment. Aug-17 Working Time Overtime Management was unable to share Ensure that overtime work is 10 any form of consent from the voluntary. workers to perform overtime. Assessment October 2016 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. [page 134] 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 chemnicals 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 chemnicals 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. 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. [page 135] 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 136] BETTER WORK HAITI - 16TH SYNTHESIS REPORT . Factory: Quality Sewing Manufacturing S.A Location: Port-au-Prince Number of workers: 456 Date of registration: Oct-09 Date of last two Apr-16 Jul-17 Better Work Advisory and Training Activities 29-Sep-17 PICC discussion on good practices for following up after the meetings 27-Oct-17 PICC meeting on communication inside the workplace. Diagnosis of challenges. Definition of new strategies. 17-Nov-17 PICC meeting to introduce new members, review of the achievements of the year and setting of new goals for 2018. 24-Nov-17 Industrial Relations Training 16-Jan-18 Assist with the preparation of the first progress report. Review of the improvement Plan. PICC Meeting to update the self diagnosis. 8-Mar-18 Review of the improvement Plan with the general manager. PICC Meeting to review the OSH issues. ASSESSMENT COMPLIANCE CLUSTER COMPLIANCE POINT DETAILS OF NON COMPLIANCE IMPROVEMENT PRIORITIES REMEDIATION EFFORTS MONTHS Assessment July 2017 Jul-17 Freedom of Association and Interference and Attempt to interfere, manipulate or Respect the right of workers to The factory participated in a 9 Collective Bargaining Discrimination control the union freely associate with or form a training on Industrial Relation trade union. with Better Work Jul-17 Freedom of Association and Interference and Termination or non renewal of Respect the right of workers to The factory participated in a ©] Collective Bargaining Discrimination worker's employement contract due freely associate with or form a training on Industrial Relation to union membership or activities. trade union. Plan regular with Better Work meetings with union members. Jul-17 Compensation Wage Information, Use and Inaccurate compensation for regular Ensure that the payroll records The factory is in the process of 9 Deduction working hours. are accurate and reflect the exact buying a new punching working hours. machine to ensure attendance is properly recorded. Jul-17 Compensation Paid Leave Inaccurate payments for non-working Pay for non-working holidays EL holidays. according to the Labor Code. Jul-17 Compensation Paid Leave Inaccurate payments for weekly rest Pay for weekly rest days EL days. according to the Labor Code. Jul-17 Compensation Paid Leave Inaccurate payments for sick leaves. Pay for sick leaves according to Sick leave is paid base on the 81 the Labor Code. average earnings. Jul-17 Compensation Social Security and Other Wrong calculation of ONA's Calculate ONA contributions 9 Benefits contributions. according to the Labor Code. Jul-17 Compensation Social Security and Other Wrong calculation of ONA's Calculate ONA contributions ©] Benefits contributions. according to the Labor Code. [page 137] Jul-17 Compensation Social Security and Other Inaccurate calculation of payments to Pay OFATMA for work-related 9 Benefits OFATMA for work-related accident accident insurance according to insurance. the Labor Code. Jul-17 Compensation Social Security and Other Inaccurate calculation of payments to Pay OFATMA for maternity and 9 Benefits OFATMA for maternity and health health insurance according to the insurance. Labor Code. Jul-17 Compensation Social Security and Other Inaccurate calculation of payments to Pay OFATMA for maternity and 9 Benefits OFATMA for maternity and health health insurance according to the insurance. Labor Code. Jul-17 Contract and Human Employment Contracts Inadequate enforcement of Comply with the Labor Code and The factory is in the process of 9 Resources apprentice contracts. the factory's internal rules changing the template for regarding apprentice contracts. apprentice contracts to comply with legal requirements. Jul-17 Occupational Safety and OSH Management Systems No evidence of management Regularly assess OSH issues at The bipartite committee is in EI Health conducting assessments of general the workplace. Create an OSH charge of performing OSH occupational safety and health issues assessment template. Conduct assessments on a weekly basis in the workplace. regular assessments and and to report the issues to maintain records. management Jul-17 Occupational Safety and Chemicals and Hazardous No inventory of chernicals. Keep an updated inventory for all The factory had an awareness EI Health Substances chemicals used in the workplace. session with his maintenance staff regarding this issue. An inventory of other chemicals bought and used is available Jul-17 Occupational Safety and Chemicals and Hazardous Unidentified chemical containers. Label all chemical containers Management trained the EI Health Substances used in the workplace. mechanic to label all containers and chemical such as thinner is now forbidden in the factory. Jul-17 Occupational Safety and Chemicals and Hazardous No MSDS' were posted for thinner in Post MSDS' where workers are The factory is no longer using EI Health Substances the Mechanical Workshop. using chemicals and hazardous thinner. MSDS is posted for all substances. chemicals used in the mechanical shop. Jul-17 Occupational Safety and Worker Protection No training provided to workers to Train workers on the use of 81 Health properly use personal protective personal protective equipment. equipment and machines. Jul-17 Occupational Safety and Worker Protection More than 30 percent of all machines All sewing machines should be The factory bought the required 81 Health in the main building were missing properly equipped with the finger guards and is in the pulley and eye guards. necessary safety guards. process of installing them. A purchase order has also been sent to replace the missing eye guards. [page 138] Jul-17 Occupational Safety and Worker Protection Electrical distribution boards were not Conduct regular maintenance of Electrical distribution boards 9 Health well maintained. electrical equipment. have been securely mounted on walls. Jul-17 Occupational Safety and Working Environment Excessive temperatures noted around Take appropriate measures to The factory replaced the EI Health the workplace. keep the workplace temperature defective fans and added four under 30 C. more fans in the production floor. Jul-17 Occupational Safety and Working Environment Insufficient lighting in the workplace. Ensure adequate lighting forthe The factory replaced the 20 Health sewing, packing,and trimming defective lights. sections. Jul-17 Occupational Safety and Welfare Facilities Insufficient number of toilets for Comply with the Labor Code 81 Health workers. regarding the number of toilets. Jul-17 Occupational Safety and Welfare Facilities Drinking water provided for workers Provide safe drinking water to The factory has started to 9 Health did not pass the safety test. workers. Immediately follow up perform monthly tests to on this issue and conduct monitor the drinking water another test to verify the water quality. À new sample was sent quality. to the testing laboratory, which indicated that the water was safe for drinking, Jul-17 Occupational Safety and Welfare Facilities The factory has an eating area that Provide an eating area that can The factory has expanded the EI Health can only accommodate 25 percent of accommodate all the workers eating area and is in the process its workforce. of buying benches to rearrange the space to accommodate more workers. Jul-17 Occupational Safety and Health Services and First Aid No medical checks conducted for Arrange medical checks for newly 55 Health newly hired workers within the first hired workers within the first three months of employment. three months of employment. Jul-17 Occupational Safety and Health Services and First Aid Annual medical checks were not Arrange annual medical checks 53 Health provided to all workers in the last 12 for all workers. months. Jul-17 Occupational Safety and Health Services and First Aid Insufficient medical staff. Comply with the Labor Code EI Health regarding the total number of onsite medical staff. Jul-17 Occupational Safety and Health Services and First Aid Assessors found 1 empty first aid box. Ensure that the first aid boxes are The factory bought products for 53 Health properly maintained and the floor's first aid box. equipped. Provide a sufficient number of first aid boxes throughout the plant. Jul-17 Occupational Safety and Emergency Preparedness No fire alarm system was observed in Install a fire alarm system in the 23 Health the second building. second building. [page 139] Jul-17 Occupational Safety and Emergency Preparedness Unmarked and missing fire Provide missing fire extinguishers All fire extinguishers have been 23 Health extinguishers. and mark all extinguishers. marked and missing ones added. Jul-17 Occupational Safety and Emergency Preparedness No evacuation plans were posted in Post an evacuation plan in the 41 Health the second building second building. Jul-17 Occupational Safety and Emergency Preparedness Last fire drill was conducted in July Conduct two fire drills a year. A drill was conducted in 65 Health 2015. August 2017. Jul-17 Working Time Regular Hours Inaccurate attendance records Ensure that attendance records The factory is in the process of 9 are accurate and reflect the exact buying a new punching working time. machine to ensure attendance is properly recorded. Jul-17 Working Time Overtime Excessive overtime. Ensure that overtime hours do 65 not exceed the legal limit of 80 hours per trimester. Jul-17 Working Time Overtime No prior authorization obtained from Obtain prior authorization from vil the Department of Labor for working the Department of Labor for overtime. overtime work. Assessment April 2016 Apr-16 Compensation Wage Information, Use and Time records were inconsistent with Keep accurate time and payroll 70 Deduction the payroll. records. Apr-16 Compensation Paid Leave Workers are incorrectly paid for weekly Correctly pay for weekly rest 70 rest days. days. Apr-16 Compensation Paid Leave The payment for sick leaves is Correctly pay for sick leaves. 70 inaccurate. Apr-16 Compensation Paid Leave The payment for maternity leaves is Correctly pay for maternity 70 inaccurate. leaves. Apr-16 Contract and Human Termination During a review of terminated files, Ensure that each dismissed Management ensured proper 70 Resources EAs observed several files without any worker's file includes a notice of documentation of termination notice of termination or prior termination. warnings. Apr-16 Occupational Safety and OSH Management Systems Management does not record work- Record work-related accidents Management records work- 70 Health related accidents and does not and send these records to related accidents to OFATMA submit any records to OFATMA on a OFATMA on a monthly basis. monthly basis. Apr-16 Occupational Safety and Chemicals and Hazardous Lack of updated chemical inventory Ensure that the chemical Factory keeps a chemical 70 Health Substances list. inventory list is up to date. inventory list Apr-16 Occupational Safety and Chemicals and Hazardous Several containers of chemical Ensure that all containers of Instructions were provided to 70 Health Substances substances were missing labels. chemicals and hazardous the maintenance team to label substances are properly labeled. all the chemical substances used in the workolace [page 140] Apr-16 Occupational Safety and Chemicals and Hazardous With the exception of the main spot Provide MSDS in all the other Factory provided MSDS in the 70 Health Substances cleaning station, all the other spot spot cleaning areas where hexane mechanic shop where cleaning areas did not have any is also used. hazardous substances are used MSDS. Apr-16 Occupational Safety and Chemicals and Hazardous No eye wash stations and cleansing Provide eye wash stations and 16 Health Substances materials near the spot cleaning areas cleansing materials near the spot nor the chemical storage area. cleaning and the chemical storage areas. Apr-16 Occupational Safety and Worker Protection Lack of adequate PPEs in some Provide all workers with the 70 Health sections. required PPE. Apr-16 Occupational Safety and Worker Protection No adequate seats were available for Ensure that the factory is Seats with back rest are 70 Health workers in the washing area. compliant with ergonomic provided to workers in the requirements. washing area Apr-16 Occupational Safety and Worker Protection Machines of all types were missing Install appropriate safety guards 10 Health belt and pulley guards. Bartack on all the machines. machines were missing eve guards. Apr-16 Occupational Safety and Working Environment The workplace was inadequately lit. Ensure that the light levels are 6 Health compliant in all the sections. Apr-16 Occupational Safety and Welfare Facilities Insufficient number of toilets. Provide required number of Health toilets for women. Apr-16 Occupational Safety and Welfare Facilities The factory has an eating area that Increase the capacity of the Health only accommodates 20 percent ofits eating area. workforce at once. Apr-16 Occupational Safety and Health Services and First Aid Insufficient number of medical staff. Employ at least 2 nurses and Health provide 3 doctor's visits per week. Apr-16 Occupational Safety and Health Services and First Aid EAs noticed one empty first aid box Provide sufficiently equipped first 42 Health and another that was poorly aid boxes around the workplace. equipped. Apr-16 Occupational Safety and Health Services and First Aid No medical checks have been Provide free annual medical 42 Health provided. checks to all workers. Apr-16 Occupational Safety and Emergency Preparedness Lack of adequate fire fighting Ensure that all the fire Fire extinguishers are checked 6 Health equipment. extinguishers are properly on a monthly basis by an identified and functional external supplier Apr-16 Occupational Safety and Emergency Preparedness No evacuation plans were posted in Install an evacuation plan in both 30 Health the workplace. the main and cutting buildings. Apr-16 Occupational Safety and Emergency Preparedness One exit and some aisles were Ensure that aisles and exits 30 Health obstructed due to loading activities. remain unobstructed at all times. Apr-16 Occupational Safety and Emergency Preparedness No regular fire drills. Conduct at least two emergency 54 Health drills per year. [page 141] Apr-16 Working Time Regular Hours Attendance records are not accurate. : Ensure that the attendance 54 records are accurate. Apr-16 Working Time No current authorization for overtime Obtain prior authorization from The factory requests work. the Department of Labour for authorization from the overtime work. Department of Labour prior to working overtime. [page 142] 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 29-Sep-17 Discussion with MAST, the Compliance and HR managers on the labor training. 06-Nov-17 Verification of remediated non-compliance issues regarding HR and compensation issues). Discussion about the new law on working hours. Factory tour with OSH team. 30-Jan-18 Better Work service model introduction to the new compliance manager. Factory tour to validate the remediation of OSH compliance issues. Bipartite meeting to validate the remediation of HR and compensation compliance issues 26-Feb-18 Root cause analysis with OSH committee. Discussion on the priorities for the new cycle with HR and compliance manager. Self-diagnosis of existing grievance mechanisms and the communication issues with the PICC committee. T-Apr-18 Discussion on compensation and social security benefits with the compliance and HR managers. Review of improvement plan. Factory tour. 12-Apr-18 OSH training with OSH committee. PICC meeting ASSESSMENT COMPLIANCE CLUSTER COMPLIANCE POINT DETAILS OF NON COMPLIANCE IMPROVEMENT PRIORITIES REMEDIATION EFFORTS MONTHS Assessment July 2017 Jul-17 Compensation Paid Leave Incorrect basis used (minimum Employees who receive Payment of holidays has been 15 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 has 15 wage) to calculate weekly days incentives for piece rate work 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 15 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 has 15 maternity leave payments for incentives for piece rate work been adjusted accordingly workers entitled to incentives. should be compensated for maternity leaves based on average earnings. [page 143] Jul-17 Compensation Social Security and Other Incorrect basis used to calculate For workers entitled to incentive Employer's contributions to 15 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 Jul-17 Compensation Social Security and Other Employer contributions to Register for the maternity and Company had meetings with 3 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 3 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 3 Resources compliance with the labour code. employment status of all temporary workers as regular temporary workers and issue workers. All the relevant workers adequate contracts. 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 3 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 27 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 in List the chemicals used and AII MSDS' have been posted. 3 Health Substances 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 always available. Jul-17 Occupational Safety and Chemicals and Hazardous Non-functional eye wash station. Eye wash stations should be Eye wash station was installed. 3 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. 27 Health were not using the protective ear usage for both workers and Several trainings, warning letters plugs provided by the factory. supervisors. and disciplinary actions, were implemented. [page 144] Jul-17 Occupational Safety and Worker Protection Several single needle machines Install finger guards as required. This issue has been 3 Health were missing finger guards. Conduct regular inspections of immediately addressed by safety guards on all machines. installing finger guards as required. Jul-17 Occupational Safety and Worker Protection No exit signs posted in Ensure that exit signs are posted Exit signs are posted above all 3 Health warehouse 2. above all exit doors. exit doors. Jul-17 Occupational Safety and Working Environment Workplace temperatures. Ensure that the workplace The factory has installed cooling 3 Health temperature does not exceed a systems in all the modules. maximum of 30 C. 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 27 Health recommended limit. not exceed a maximum of 90 noise levels and posted warning dB.Provide PPE training for both signs in the pressing area to workers and supervisors. encourage workers to use ear Ensure that PPE regulations are plugs. Noise warnings have also strictly applied in the noisy areas. 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 requiement Provide more restrooms for men. Based on the gender 15 Health for the number of toilets for men distribution in each unit, some 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 3 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 3 Health Aid boxes; some of the existing boxes accessible and provided been installed in the main 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 switches Smoke detectors have been 3 Health switch. No smoke detectors in the are easily accessible. Install installed in warehouses 1 and 2; warehouse. 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 18 Health maintenance services. are adequately maintained. been placed in their designated locations. [page 145] Jul-17 Occupational Safety and Emergency Preparedness An evacuation map was missing Provide evacuation maps Evacuation maps have been 3 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 3 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. Jul-17 Working Time Regular Hours Multiple work schedules Approval from MAST is needed Company obtained an approval 3 inconsistent with collective for any changes related to letter from MAST. All workers working agreements and the law. working hours. are informed of the new working hours. Jul-17 Working Time Overtime Overtime limits Ensure that overtime work does 3 not exceed legal limits. Jul-17 Working Time Overtime Unauthorized overtime work. Obtain MAST's approval prior to 3 performing overtime work. Assessment July 2016 Jul-16 Compensation Paid Leave incorrect calculation of sick leave Comply with Article 148 regarding Payments have been adjusted payments for piece rate workers. the payment of sick leaves. accordingly. Jul-16 Compensation Paid Leave Incorrect calculation of maternity Adjust maternity leave payments. Payments have been adjusted leave payments for piece rate accordingly. workers Jul-16 Occupational Safety and Worker Protection Workers in the incinerator Provide PPE to all workers and Weekly training sessions on the Health chambers were not provided with train them on the importance of use of PPE have been appropriate anti-heat and fire their use. organized for supervisors. New protective clothing. procedures on PPE use have been implemented. Appropriate PPESs are now provided to all the workers who work in the incinerator chambers. Warning posters have also been put Up. Jul-16 Occupational Safety and Working Environment Temperatures above Limit workplace temperatures to Health recommended limites recorded in a maximum of 30 C. several sections throughout the workplace. [page 146] Jul-16 Working Environment Excessive noise levels. Limit noise levels to a maximum The Compliance Team has of 90 dB. requested the purchase of a noise level meter to regularly monitor noise levels around the workplace and address any related issues. They have posted safety warning signs around the pressing area to raise the workers’ awareness on the use of ear plugs. The team has also advised the administration to reduce the music volume at the workplace. Jul-16 Compensation Paid Leave Incorrect calculation of legally Provide accurate payment for mandated holiday payments. legally mandated holiday. Jul-16 Compensation Paid Leave Incorrect basis used (minimum Provide accurate payment for wage) to calculate compensation weekly rest days. for weekly rest days. Jul-16 Compensation Social Security and Other Incorrect calculation of ONA Ensure ONA payment comply The factory now correctly Benefits payments for workers receiving With the legal requirements. calculates all ONA payments. incentives. Jul-16 Compensation Chemicals and Hazardous Unlabeled containers in Modules 1 Implement new measures to The factory implemented new Substances and 2. ensure that the production measures to ensure that supervisors and workers are managers and supervisors aware of such compliance follow the appropriate requirements. Monitor chemical regulation on chemical usage. use in the workplace. Assign a To monitor chemical usage, person in charge of chemical each building now has a person maintenance. in charge of monitoring chemical use and storage. At the time of distribution, the responsible personnel must ensure that all containers are properly labeled. labeled with the factory Jul-16 Occupational Safety and Worker Protection EA observed an unidentified Post hazard signs on all electrical Electrical maintenance has Health electrical box and exposed wiring boxes and safeguard exposed been improved and all electrical in Module 1. wiring. boxes have the necessary warning signs. Jul-16 Occupational Safety and Welfare Facilities Insufficient number of toilets . Repair the non-functioning The park management of Health toilets. SONAPI has addressed this issue in buildings 3 and 4. More restrooms have been added and the factory is now in compliance with legal requirements. [page 147] Jul-16 Occupational Safety and Welfare Facilities Unavailability of soap in the Ensure that soap is always Soap has been made available Health restrooms. available in all restrooms. in all the restrooms. Jul-16 Occupational Safety and Emergency Preparedness Obstructed evacuation aisles in Ensure that evacuation aisles All aisles have been cleared. Health the stock room of Module 2. remain unblocked at all times. Jul-16 Working Time Overtime Limits for overtime work. Ensure that overtime work does According to MAST and as per not exceed legal limits. an authorization letter provided, the situation has been regularized as per legal requirements. [page 148] BETTER WORK HAITI - 16TH SYNTHESIS REPORT . Factory, Sewing International S.A Location Port-au-Prince Number of workers: 2208 Date of registration: Sep-09 Date of last two Better May-17 Apr-16 Work assessments. Advisory and Training activities 10-Dec-17 Advisory visit on a freedom of association policy. Verification of medical checks for workers. PICC meeting on the development of an action plan to keep aisles unobstructed. 26-Jan-18 Discussion on the PICC functioning with members of the bipartite committee. Factory tour to conduct a hazard hunt. Review of the improvement plan. 14-Mar-18 Review of the improvement plan and remediation efforts. Factory tour. Discussion about a recent industrial dispute. ASSESSMENT COMPLIANCE CLUSTER COMPLIANCE POINT DETAILS OF NON COMPLIANCE IMPROVEMENT PRIORITIES REMEDIATION EFFORTS MONTHS Assessment May 2017 May-17 Compensation Paid Leave Payment for maternity leaves is Adjust payroll system to ensure The changes have been 72 based on the minimum wage that maternity leave payment made in the payroll system, instead of the worker's average daily is accurate. payment for maternity leave earnings. 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 ensure The changes have been 12 the minimum wage instead of the that sick leave payment is made in the payroll system, workers’ average daily earnings. based on workers’ average daily payment for maternity leave earnings. is based on workers’ average earnings as of June 2017. May-17 Compensation Social Security and The employer's contribution to ONA Ensure on time and accurate Efforts to remediate this 18 Other Benefits is based on the minimum wage. payments to ONA. The finding are still in process. employer should pay 6 percent Management is in of the workers’ basic salary to consultation with workers to ONA. present some sustainable solutions to ensure on time and accurate payments. May-17 Compensation Social Security and The worker's contribution to ONA is Ensure on time and accurate Efforts to remediate 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 payments. [page 149] 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 accurate payments. May-17 Compensation Social Security and Collect and forward worker's 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 to health insurance. present some sustainable solutions to ensure on time and accurate payments. May-17 Working Time Overtime Workers from packing, extra and Monitor overtime hours worked 72 utility worked up to 137 hours of in order to comply with the 80 overtime per trimester. hours allowed per trimester. 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 during 5 Health First Aid hiring. medical checks within their first the August 1st to Octoberl8 three months of hiring. 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 least Workers exposed to work 5 Health First Aid exposed to work related hazards. twice a year to workers who related hazard have received have been exposed to work a medical check by the on related hazard. site doctor. [page 150] May-17 Occupational Safety and Chemicals and Labeling of chemicals and Label all containers and display All containers have been 5 Health Hazardous Substances hazardous substances in spot posters on the labeling of labeled, training have been cleaning area. chemicals substances. Provide done for the spot cleaning training and identify a person employees and factory has in charge of monitoring. designated a person monitoring that all containers are labeled. May-17 Occupational Safety and Emergency Fire fighting equipment not installed Install smoke detectors in the Factory is in the process of 5 Health Preparedness in the trim warehouse on floor 8. trim warehouse obtaining pricing from Identify areas that need several vendors and additional smoke detectors, complete installations by and May 2018. designate a person in charge of the monthly audit. May-17 Occupational Safety and Emergency Emergency exit obstructed with Create an action plan to ensure All emergency exits were 5 Health Preparedness fabric. all the exits remain unblocked observed to be opened and based on the root causes unobstructed during recent 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 30C. recommendation of 30 C. May-17 Occupational Safety and Welfare Facilities Insufficient number of toilets. Ensure that number of toilets is 36 Health compliant with the legal requirements. May-17 Occupational Safety and Welfare Facilities Hand washing facilities and Ensure that soap is available at Soap has been made 5 Health adequate soap. all times in the toilets. available in all toilets. 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 factory. levels. Assessment April 2016 Apr-16 Compensation Overtime Wages Overtime hours worked on weekly Correctly pay for overtime Management said that they rest days are not paid accurately. worked on weekly rest days. stopped working on sundays in order to reduce the amount of overtime work. Apr-16 Compensation Paid Leave Payment for sick leave is inaccurate. Payment for sick leaves should be based on worker's average earnings. Make the necessary adjustment in the payroll system for compliance. [page 151] Apr-16 Compensation Paid Leave Payment for maternity leave is Payment for maternity leaves inaccurate. should be based on worker's average earnings. Make the necessary adjustment in the payroll system for compliance. Apr-16 Compensation Social Security and The factory is late for ONA Ensure that the monthly ONA Other Benefits payments. payments are made on time. Apr-16 Compensation Social Security and Collect and forward workers Ensure that the monthly ONA Other Benefits contribution to ONA payments are made on time. Apr-16 Compensation Social Security and The factory's registration to Ensure that the OFATMA Payment for the 2015-2016 Other Benefits OFATMA insurance is not payments are made on time. fiscal year have been made. completed. Apr-16 Occupational Safety and Worker Protection Several workers were not using PPE. Provide workers with A vacuum system has been Health appropriate PPE and train installed in the spot cleaning them on its use. section. Apr-16 Occupational Safety and Worker Protection Several machines missing eye Install safety guards on all the Safety guards were installed Health guards and belt guards. machines. on all the machines. Apr-16 Occupational Safety and Working Environment The temperatures exceeded the BW Ensure that the workplace More fans have been Health recommended limit of 30 C. temperature levels are installed to address this maintained within the issue. recommended limit. Apr-16 Occupational Safety and Working Environment The workplace was inadequately lit. : Improve the level of lightingin The lights have been Health the quality and packing adjusted. sections. Apr-16 Occupational Safety and Welfare Facilities The factory has insufficient number Provide 31 functioning toilets The factory added 3 more Health of toilets according to the law. for men and 70 toilets for toilets for men. women in order to be compliant with the law. Apr-16 Occupational Safety and Welfare Facilities The current eating area can only Increase the capacity of the Health accommodate about one fourth of eating area to accommodate all the workforce. workers. Apr-16 Occupational Safety and Health Services and The factory only has two nurses and Ensure that the factory has a Health First Aid three doctor's visits a week. permanent on site medical service with at least 9 nurses and a full-time operational clinic. [page 152] Apr-16 Occupational Safety and Health Services and Insufficient number of workers Provide annual health checks The factory is working on a Health First Aid received the annual medical checks. for all workers. procedure that requires newly hired workers to systematically receive medical checks at the factory. Apr-16 Working Time Overtime Workers in several departments Reduce overtime hours as per Management explained that worked up to 90 hours of overtime the limit set by law for a they stopped working on during the reviewed trimester. trimester. Sundays to reduce overtime hours. [page 153] BETTER WORK HAITI - 16TH SYNTHESIS REPORT . Factory: The Willbes Haiïtian II S.A. Location: Port-au-Prince Number of workers: 1446 Date of registration: Aug-10 Date of last two May-17 Jun-16 Better Work assessments Advisory and Training Services 31-Oct-17 Meeting with management on Improvement plan update. Meeting with the OSH committee. Factory tour and self diagnosis. 08-Dec-17 HR management system training 28-Jan-18 Training on Heavy Load Lifting 20-Feb-18 Advisory visit on new union introductory meeting, progress report 2, Training needs of the OSH committee members 16-Mar-18 Discussion on management and trade union dialogue; priorities for next cycle; PICC election of workers’ representatives 06-Apr-18 Industry seminar on BW Compliance Assessment Tool ASSESSMENT COMPLIANCE CLUSTER COMPLIANCE POINT DETAILS OF NON COMPLIANCE IMPROVEMENT PRIORITIES REMEDIATION EFFORTS MONTHS Assessment May 2017 May-17 Compensation Paid Leave Payments for non-working Ensure that payments of non- The payroll system has been changed, so Li holidays are based on the working holidays as required by that the non-working holidays are paid minimum wage instead of average law based on the average earnings. earnings. May-17 Compensation Paid Leave Payments for weekly rest days are Ensure that payments for The payroll system has been changed so Li based on the minimum wage weekly rest days are based on that the weekly rest days are paid based instead of average earnings. average earnings. on the average earnings. May-17 Compensation Paid Leave The payments for sick leaves are Ensure that payments for sick Payment system has been reviewed and 22 based on the minimum wage leave are based on average all the necessary adjustments have been instead of average earnings. earnings. made. Sick leaves are paid based on average earnings. May-17 Compensation Social Security and The factory calculates ONA Ensure that ONA contributions The contribution to ONA for all Willbes Li Other Benefits contributions based on the are based on the base salary. factories is paid based on the workers’ minimum wage instead of the base base salary. salary. May-17 Compensation Social Security and Workers' contributions to ONA are Ensure that ONA contributions ONA contributions are based on the base T1 Other Benefits calculated based on the minimum are based on the base salary. salary. Facility properly collects and wage instead of the base salary. forwards workers’ contributions to ONA May-17 Compensation Social Security and The factory does not pay the Register with OFATMA for The employer initiated the registration Li Other Benefits employer contribution to OFATMA maternity and health insurance. process with OFATMA by paying the for maternity and health insurance. company's contribution as of July 2017. [page 154] May-17 Compensation Social Security and The factory does not collect and Register with OFATMA for The employer initiated the registration ll Other Benefits forward the workers' contribution maternity and health insurance. process with OFATMA by paying the to OFATMA for maternity and company's contribution as of July 2017. health insurance. May-17 Occupational Safety and Chemicals and No updated inventory of chemicals Keep an updated inventory of The inventory logbook is now been ll Health Hazardous Substances and hazardous substances used in chemicals and hazardous maintained as recommended. the workplace. substances used in the workplace. May-17 Occupational Safety and Chemicals and Unlabeled chemicals containers. Label all containers of chemicals Facility ensured to have all chemical ll Health Hazardous Substances in Creole. Train mechanics on containers properly labeled and identified Occupational Safety and Health in the local language. concerns. May-17 Occupational Safety and Chemicals and Chemicals are not properly stored. Ensure that chemicals are Facility ensured to have all chemical ll Health Hazardous Substances properly stored. substances properly stored. Workers will be trained according to storage methods by Better Work. May-17 Occupational Safety and Chemicals and No MSDS' were posted for Post MSDS' were chemicals are All chemical substances were provided ll Health Hazardous Substances chemicals stored in the chemical used. Ensure that they are with the MSDS. room. clearly labeled. May-17 Occupational Safety and Chemicals and Documented evidence of actions Keep records of awareness ll Health Hazardous Substances taken by management to control training provided to workers. and oversee workers’ exposure to Post awareness messages in chemicals and hazardous appropriate places throughout substances were unavailable during the workplace. the assessment. May-17 Occupational Safety and Chemicals and There was no eye wash station in Provide eye washing facilities Management installed an eye wash station 34 Health Hazardous Substances the spot cleaning area of building where needed, especially in the in the spot cleaning room. 45. spot cleaning areas. May-17 Occupational Safety and Worker Protection Workers using thinner were not Provide adequate masks to This practice was stopped immediately. Al 61 Health wearing any protective masks. workers that are using work related to chemical substances have chemicals. Provide safety been allocated to the spot cleaning area training to exposed workers on where workers are provided with the the usage of protective necessary PPE to perform their duties equipment. safely. May-17 Occupational Safety and Worker Protection Several workers were not using the Ensure that all machines have All the machines have their necessary 76 Health safety guards installed on their their necessary guards. Train guards. machines. workers and supervisors on OSH matters. May-17 Occupational Safety and Worker Protection Several sewing machines are Ensure that all machines have All single needle machines were provided 76 Health missing finger guards. their necessary guards with needle guards [page 155] May-17 Occupational Safety and Worker Protection Uncovered electrical boxes with Ensure proper maintenance of All electrical boxes have been covered; this 76 Health exposed wires and cables and electrical equipment. Keep a log was previously lacking as a result of other electrical equipment of weekly inspections. welding work in building 43 for the improperly installed and stored in installation of the air cooling system. the packing and pressing sections of building 43 May-17 Occupational Safety and Welfare Facilities Insufficient number of toilets Comply with the law regarding 22 additional toilets have been added. The 76 Health the number of functioning factory does not have plans to further toilets. increase the number of toilets. Building additional toilets would be hard due to the lack of space. May-17 Occupational Safety and Health Services and First No systematic medical checks were Arrange a minimum of two The factory has started conducting 76 Health Aid arranged for workers exposed to medical checks per year for mandatory medical checks for all workers work-related hazards. workers exposed to work-related and are scheduled to finish the process in hazards. 4 months. Additional checks are being requested through OFATMA. Also, the factory changed the doctor's contract to full-time. May-17 Occupational Safety and Health Services and First The factory does not offer Arrange à minimum of one The factory has started conducting 76 Health Aid systematic annual medical checks medical check per year for all mandatory medical checks for all workers for all workers. workers. and are scheduled to finish the process in 4 months. Additional checks are being requested through OFATMA. Also, the factory changed the doctor's contract to full-time. May-17 Occupational Safety and Health Services and First Insufficient number of medical Have an appropriate number of Facility has an additional clinic on site. 76 Health Aid staff. medical staff according to the Management is making arrangements to Haitian Labor Code. increase the number of medical staff. May-17 Occupational Safety and Emergency Several obstructed fire alarm Provide adequate fire fighting The employer took immediate actions to ll Health Preparedness switches were observed. Missing equipment. Install smoke address these findings. Fire alarms are smoke detectors in several detectors in buildings 41, 44 and properly maintained and accessible and buildings. 46. electrical switches are properly covered. May-17 Occupational Safety and Emergency Missing fire extinguishers in several Regularly monitor fire Fire extinguishers were installed in the 76 Health Preparedness buildings. extinguishers. Maintain an OSH designated areas and properly maintained. checklist and perform regular internal OSH assessments. May-17 Occupational Safety and Emergency The evacuation plans posted at the Update the evacuation plans. The evacuation plan has been updated ll Health Preparedness workplace need to be updated Equip exits with emergency exit according to the new layout of the floor. according to the newly renovated lights. Mark the evacuation aisles New emergency exit lights have been floor layout. Several emergency according to the new floor purchased. exits have not yet been equipped layout. with emergency exit lights. Also, the evacuation aisle markings on the floor need to be revised. [page 156] May-17 Occupational Safety and Emergency Buildings 42 and 43 are Keep the exits accessible during The employer has ensured accessible and T1 Health Preparedness interconnected, each building has a working hours. adequate emergency exits. The main exit and a shared secondary Two accessible exits should be construction work has been completed exit. This second exit was locked at available on each floor. and is no longer obstructing the exit ways. the time of the assessment. Assessment June 2016 Jun-16 Compensation Paid Leave The calculation of annual leave is Ensure payment for annual Maternity leave payments is now based on not accurate for workers who were leave is accurate. the average of all earnings from the last entitled to maternity leave during three months of work. the year. Jun-16 Compensation Paid Leave The piece rate workers who go on Ensure payments for maternity Nursing workers now receive breastfeeding break are paid the leave are based on average compensation based on the average of all minimum wage instead of the earnings. earnings from the last three months of average earnings. work for breastfeeding breaks. Jun-16 Compensation Social Security and The calculation used for the annual Ensure annual salary Maternity leave payment is now Other Benefits salary supplement is not correct for supplement payments are considered as a part of total earnings when workers who were entitled to accurate. calculating annual salary supplements or maternity leave payment during bonuses. the year. Jun-16 Occupational Safety and Chemicals and EAs observed several unlabeled Ensure all containers of Health Hazardous Substances containers in the chemical room chemicals and hazardous which contained a thinner-like substances are properly labeled. chemical product. Jun-16 Occupational Safety and Chemicals and Missing MSDS in the material Provide MSDS for all chemicals Management stated that thinner is not Health Hazardous Substances room in building 42, the boiler and hazardous substances in used in the boiler room or the cutting area room and also in the cutting area. use in the workplace. and will ensure that all chemical products are properly stored and provided with MSDS. However, during the advisory visit in February, EA observed unlabeled thinner bottles in the material room and two bottles of Blow Out in the cutting section. Jun-16 Occupational Safety and Chemicals and There is no eye wash station inthe Add eye wash stations where The ink preparation room was provided Health Hazardous Substances ink preparation room. Also, the one needed. with an eye wash station and the one in in the chemical room is not the chemical room has been repaired. working and no eye wash station was available in the material room and in the boiler room. Jun-16 Occupational Safety and Worker Protection No earplugs were found in the Provide workers appropriate Earplugs were provided to workers in the Health generator room and heat protective personal protective equipment. generator room. aprons were not available for workers in the boiler room. Jun-16 Occupational Safety and Worker Protection During the factory tour, several Install appropriate guards on all An inventory of missing needle guards is Health machines were observed missing machines. being maintained in order to regularly eye guards and finger guards. purchase and install them when needed. [page 157] Jun-16 Occupational Safety and Worker Protection During the factory tour, EAs Ensure all electrical boxes are All the electrical boxes were properly Health observed one main electrical box properly protected and isolated. covered. open on the floor in building 43. Jun-16 Occupational Safety and Working Environment Temperatures in the workplace Ensure that temperature level A cooling system has been installed Health exceed the recommended level of are below 30 C. 30 C. Jun-16 Occupational Safety and Welfare Facilities The factory is compliant with the Increase the number of toilets Management stated that they do not have Health law with regards to men's toilets for women. any plans to increase the number of toilets but needs 33 additional toilets for as they consider this to be a responsibility women. of the industrial park administration. Building additional toilets has also been noted as a challenge due to the lack of space. Jun-16 Occupational Safety and Welfare Facilities Although the factory has a Increase the capacity of the Two new eating areas are now available for Health designated eating area onsite, it current eating area. the workers. cannot accommodate all workers. Jun-16 Occupational Safety and Health Services and First Workers do not receive any medical All newly hired workers must be The factory has a doctor who will provide Health Aid checks within the first three submitted to a medical check health checks to newly recruited workers. months of hiring. within the first 3 months of employment. Jun-16 Occupational Safety and Health Services and First The factory does not provide Provide health checks at no cost Workers who are exposed to work-related Health Aid health checks to all workers who for workers who are exposed to hazards have already received one medical have been exposed to work related work-related hazards. check during the advisory period. hazards. Jun-16 Occupational Safety and Health Services and First Workers said that they do not Provide annual medical checks The factory has a doctor who will provide Health Aid receive annual medical checks. for all workers. health checks to workers on a regular basis. Jun-16 Occupational Safety and Health Services and First The factory has 2 nurses and a Ensure that the factory has an Health Aid doctors who visit the factory 6 days onsite medical service with at per week. least 6 nurses and 5 doctors' To comply with the Haitian Labor visits per week. Code, a factory of this size must have à permanent onsite medical service with at least 6 nurses and 5 doctors' visits per week. Jun-16 Occupational Safety and Emergency Obstructed fire extinguisher. Ensure all fire extinguishers All fire extinguishers are easily accessible Health Preparedness remain unobstructed at all times and unobstructed. Members of the during working hours. compliance team are doing daily OSH tours to ensure that extinguishers are unobstructed [page 158] BETTER WORK HAITI - 16TH SYNTHESIS REPORT ; Factory The WILLBES Haitian III S.A Location: Port-au-Prince Number of workers: 7 Date of registration: Aug-10 Date of last two Better Wo Jun-17 Jun-16 Advisory and Training Services 31-Oct-17 Meeting with management on Improvement plan update. Meeting with the OSH committee. Factory tour and self diagnosis. 17-Nov-17 PICC meeting on the inclusion of one representative of the new trade union into the committee. Discussion also on the overall industrial relations and social dialogue in the factory. 08-Dec-17 Human resources management training 28-Jan-18 Training on Heavy Load Lifting 02-Feb-18 Discussion on industrial relations and social dialogue between management and trade union leaders. 06-Apr-18 Industry seminar on BW Compliance Assessment Tool ASSESSMENT COMPLIANCE CLUSTER COMPLIANCE POINT DETAILS OF NON COMPLIANCE IMPROVEMENT PRIORITIES REMEDIATION EFFORTS MONTHS Assessment June 2017 Jun-17 Compensation Overtime Wages The internal rules indicate that Provide break time as indicated Factory posted notices 20 workers are entitled to a 1 hour break in the internal work rules in line : around the factory to let period, which is included in the work with the law workers know that they are schedule from 7:00 AM to 4:00 PM. entitled to an hour long However, in practice workers only lunch break. receive a 30-minute break and are unaware that they ought to consider the remaining 30 minutes of their break as overtime. Jun-17 Compensation Overtime Wages Overtime hours worked at night were Accurately compensate workers Facility made the necessary 8 not compensated at 100 percent for night shift work. adjustments on the payroll above the normal wage. to properly compensate for overtime hours during night shift. Jun-17 Compensation Paid Leave Payments for non-working holidays Accurately compensate for The payroll system has been 8 are based on the minimum wage legally mandated holiday based changed so that non- instead of average earnings. on average earnings. worked holidays are paid based on the average earnings. Jun-17 Compensation Paid Leave Payments for weekly rest days are Accurately compensate for The payroll system has been 8 based on the minimum wage weekly rest days based on changed so that weekly rest instead of average earnings. average earnings. days are paid based on the average earnings. [page 159] Jun-17 Compensation Social Security and Other Employer contribution to ONA is Pay ONA contributions for all The required employer 20 Benefits calculated based on the minimum workers that have been working contribution to ONA for the wage instead of the base salary. at the factory for more than workers in the printing three months. building has already been ONA contributions should be paid. The amount is now calculated based on the being calculated using the workers’ base salaries. base salary. Jun-17 Compensation Social Security and Other Workers' contributions to ONA is Collect and forward workers’ The contributions to ONA 20 Benefits calculated based on the minimum contributions to ONA and are accurate. Contributions wage instead of the base salary. accurately calculate the are being collected from all contributions based on the workers. base salary. Jun-17 Compensation Social Security and Other The factory is not registered with Register with OFATMA for The employer has initiated 10 Benefits OFATMA for maternity and health maternity and health insurance. the registration process with insurance. OFATMA, by paying the company's contribution for the month of July 2017. Jun-17 Compensation Social Security and Other The factory is not registered with Register with OFATMA for OFATMA officials have 10 Benefits OFATMA for maternity and health maternity and health insurance. started meeting with insurance. Collect and forward workers’ workers to explain the scope contributions to OFATMA. of the Health Insurance scheme to our employees. Jun-17 Contracts and Human Resour: Termination Workers were dismissed without Properly document workers’ The HR Manager has been re- 10 documentation of valid reason. employment history and any trained to perform his duties other relevant information in their properly. Periodic reviews are personnel files. being conducted to make sure this does not happen in the future. Jun-17 Contracts and Human Reductions in workforce The factory did not notify MAST Send a notification to MAST to The print shop Manager has 10 Resources size or suspensions dueto prior to the temporary suspension of justify the temporary been trained on this issue. changes in operations work. suspension of work. Going forward, the Labor Office will be notified prior to any temporary suspensions to reduce the workforce. Jun-17 Contracts and Human Dialogue, Discipline and Workers and union members Add supervisory skill training for Supervisors from all Willbes 10 Resources Disputes complained about supervisors who supervisors. Haiti factories participated in frequently used vulgar language the supervisory skills training against the workers. by Better Work in Augusut 2017. [page 160] Jun-17 Occupational Safety and OSH Management The employer do not submit the Submit work-related accidents The monthly reports of the 10 Health Systems records to OFATMA on a monthly and diseases records to work-related accidents are basis. OFATMA on a monthly basis. being sent to OFATMA on a monthly basis. Jun-17 Occupational Safety and Chemicals and Unlabeled hazardous and chemical Identify all dangerous Warning signs have been 10 Health Hazardous Substances substances. substances. Post warning signs posted in the noted areas. near the gas tanks. Properly Identification labels on the safeguard any sources of tanks will be placed shortly. ignition. Jun-17 Occupational Safety and Chemicals and MSDS missing for hazardous and Ensure that MSDS' are available 20 Health Hazardous Substances chemical substances used in the in the storage warehouse in the workplace. printing building. Jun-17 Occupational Safety and Worker Protection All of the single needle machines Ensure that machines have All single needle machines 20 Health were missing finger guards. their necessary safety guards. were provided with finger Train the maintenance team on guards. Sewing machine Occupational Safety and Health operators will be trained on issues. the mandatory use of safety guards to comply with the internal rules. Jun-17 Occupational Safety and Worker Protection Obstructed electrical panel. Keep electrical equipment away Employees working in that 10 Health from flammable materials. area were warned and re- Conduct weekly inspection trained to keep the electric tours to address OSH issues. panels free from flammable materials. Jun-17 Occupational Safety and Working Environment Temperatures above the Maintain a maximum 21 Health recommended 30 C were noted in temperature of 30 Cin all Buildings 34 and 35. sections. Jun-17 Occupational Safety and Working Environment Insufficient lighting was noted in the Ensure a minimum of 500 lux 10 Health packing and pressing sections. in the packing and pressing sections. Jun-17 Occupational Safety and Welfare Facilities The factory has 19 functioning toilets Comply with the Haitian Law on 75 Health for women and 9 toilets for men. the required number of toilets With its current workforce, the for men and women. factory should have 5 functioning toilets for men and 45 functioning toilets for women. [page 161] Jun-17 Occupational Safety and Welfare Facilities No soap is provided in the toilets for Ensure that soap is available in This issue was corrected 10 Health the workers to wash their hands. the restrooms for the workers. during the factory assessment whenijanitorial staff and supervisors ensured to have hand soap available in the toilets. Jun-17 Occupational Safety and Health Services and First Management provided a list of Arrange medical checks for Mandatory medical checks 75 Health Aïd medical checks conducted in 2014 workers within their first three have been started already and worker interviews further months of employment. and all workers will be revealed that no medical checks covered within 4 months. were arranged for newly hired Additional checks are being workers within the first three months requested through OFATMA. of employment. Also, the factory changed the doctor's contract to full- time Jun-17 Occupational Safety and Health Services and First No periodic medical checks were Arrange at least two medical Mandatory medical checks 75 Health Aïd arranged for workers who have been checks a year for workers who have been started already exposed to work-related hazards. have been exposed to work- and all workers will be related hazards covered within 4 months. Also, the factory changed the doctor's contract to full- time. Jun-17 Occupational Safety and Health Services and First Annual medical checks were not Arrange at least one medical Mandatory medical checks 75 Health Aïd provided to workers. check a year for all the workers. have been started already and all workers will be covered within 4 months. Also, the factory changed the doctor's contract to full- time Jun-17 Occupational Safety and Health Services and First Insufficient number of medical staff. Comply with the Haitian law Facility has a new clinic on 75 Health Aid regarding the onsite medical site. staff. Jun-17 Occupational Safety and Emergency Preparedness The emergency escape routes in Mark emergency escape routes The emergency escape 10 Health Building 35 have not been marked according to the new layout of routes in Building 35 have according to the newly arranged floor the building. Ensure that the been marked according to layout. evacuation map is adapted to the newly arranged floor the new layout. layout. [page 162] Jun-17 Working Time Regular Hours The daily break is not provided Provide one hour break to Factory reviewed the daily 10 according to the internal work rules. workers. Ensure that pregnant break time. The working Also, the pregnant women employed women are aware of their hours are displayed in at the factory are unaware of their additional breaks. Post prominent areas around the right to take two additional breaks of messages of their additional factory. Training was half hour each. breaks throughout the factory provided to HR staff and all and in the clinic room. pregnant women employed at the factory are aware of their rights. Jun-17 Working Time Regular Hours Prior authorization was not obtained Obtain an authorization from the 10 from the Department of Labor before Department of Labor before working at night. performing overtime work. Jun-17 Working Time Overtime Overtime legal limits were exceed. Ensure to not exceed the legal 10 limits of overtime. Jun-17 Working Time Overtime Overtime work is performed during Provide a one hour break to Factory reviewed the daily 10 daily break. workers according to the break time. The working internal rules. hours are displayed in prominent areas around the factory. Training was provided to HR Assessment June 2016 Jun-16 Compensation Minimum Wages/Piece The adjustment for the minimum Apply the adjustment of the The payment was Rate Wages wage was not applied consistently minimum wage. recalculated and the missing for the month of May 2016. amount has been paid to all workers. Jun-16 Compensation Overtime Wages The adjustment to the minimum Apply the adjustment of the The payment was wage was not applied to overtime minimum wage to overtime recalculated and the missing hours worked in May 2016 hours. amount has been paid to all workers. Jun-16 Compensation Paid Leave Some workers were only paid the Pay accurately for weekly rest The calculation error in the rest day if they completed 48 hours days. system has been amended. of work during the week regardless of how many days in the week they come to work. Jun-16 Compensation Social Security and Other Employer contribution to ONA is Employer must adjust the The contribution to ONA for Benefits inaccurate. amount of their contributions to all Willbes factories is paid ONA based on the average based on the workers’ base earnings of the workers. salary. [page 163] Jun-16 Compensation Social Security and Other The amount collected and forwarded Employer must collect and ONA contributions are Benefits for workers’ contributions for social forward workers’ contributions based on the base salary. insurance funds to ONA is to ONA based on the average Facility properly collects and inaccurate. earnings of the workers. forwards workers’ contributions to ONA. Jun-16 Occupational Safety and Chemicals and Hazardous No MSDS for the glue spray used in Provide MSDS for all chemicals MSDS are available for all Health Substances the cutting section. and hazardous substances in chemical substances used in use in the workplace. the workplace. Jun-16 Occupational Safety and Worker Protection One worker in the cutting section Provide workers personal All workers are provided with Health was seen using a chemical spray protective clothing and the necessary PPE. without the proper personal equipment. protective equipment. Jun-16 Occupational Safety and Worker Protection Several workers were observed Ensure that the factory is All standing workers are Health standing without fatigue mats. compliant with ergonomic provided with ergonomic requirements. mats. Jun-16 Occupational Safety and Worker Protection During the factory tour, several Install appropriate guards on An inventory of missing Health machines were seen without the the machines. guards is being done in order appropriate safety guards. to regularly purchase and install them when needed. Jun-16 Occupational Safety and Working Environment Temperatures in the workplace Ensure that temperature level is Air cooling systems have Health exceed the recommended level of compliant in all sections. been installed. 30 C. Jun-16 Occupational Safety and Working Environment Noise level is too high. Ensure that noise level is Last check showed that the Health compliant in all sections. noise levels in all section was under 90 db. Jun-16 Occupational Safety and Welfare Facilities Insufficient number of toilets Increase number of toilets. Health Jun-16 Occupational Safety and Welfare Facilities The factory has an eating area. Increase capacity of the current An eating area with a Health However, it can only accommodate eating area. capacity for 700 workers has about 20 percent of the workforce. been established and is ready for use and a second eating area, designed for 350 workers, is under construction. Jun-16 Occupational Safety and Health Services and First Medical checks are not Provide medical check to all The factory has a doctor Health Aïd systematically provided within the new workers. that performs systematic first three months of hiring. checks for newly recruited workers. [page 164] Jun-16 Occupational Safety and Health Services and First Annual medical checks are not Provide annual medical checks Health checks are performed Health Aïd systematically provided. to all workers. annually for all workers. Jun-16 Occupational Safety and Health Services and First Insufficient medical staff. Ensure that the factory has at Health Aid least 3 nurses. Jun-16 Occupational Safety and Health Services and First Inadequate first aid boxes. Provide sufficient adequate first The employer provide a Health Aïd aid boxes. sufficient number of readily accessible first aid boxes. [page 165] BETTER WORK HAITI - 16TH SYNTHESIS REPORT : Factory Val d'Or Apparel Mfg, SA Location: Port-au-Prince Number of workers: 1260 Date of BW registration: Sep-14 Date of last two Better Nov-16 Sep-17 Work assessments: Advisory and Training Activities 20-Oct-17 Discussion on the last assessment findings and progress report to be prepared by the factory with a detailed action plan: 15-Nov-17 PICC meeting with the PICC members and trade unions on various subjects such as annual leave, daily break and changes that occurred in some workers employment contracts 18-Jan-18 Introduction meeting with PICC to discuss the importance of communicating the PICC role and action with other workers and relevant stakholders. 15-Feb-18 Meeting on time and productivity study findings with productivity consultants, management, PICC members and union leaders. 16-Feb-18 Meeting on time and productivity study findings with productivity consultants, management, mechanics and plant engineers: 7-Mar-18 Discussion on training needs of PICC members. Factory tour to verify OSH remediations with PICC OSH focal points. Discussion with union members and management regarding disciplinary measures. 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 percent Comply with the law regarding the 6 premium for overtime hours worked. overtime payment Sep-17 Compensation Premium Pay Workers were not paid 50 percent above Comply with the law regarding the 6 the normal wage for regular hours worked _ overtime payment on legally mandated holidays. Sep-17 Compensation Paid Leave Payments for non-working holidays are Comply with the law regarding the 6 based on the minimum wage instead of payment for non-working holidays average eamings. Sep-17 Compensation Paid Leave Payments for weekly rest days are based Comply with the law regarding the 6 on the minimum wage instead of payment for weekly rest day average eamings. Sep-17 Compensation Social Security and Other The factory calculates ONA contributions | Comply with the law regarding 6 Benefits based on the minimum wage instead of ONA' contributions the base salary. Sep-17 Compensation Social Security and Other ONA deductions are based on the payroll Comply with the law regarding 6 Benefits of the last 2 weeks of each month ONA's deductions instead of the full month as required by law Sep-17 Compensation Social Security and Other The factory has not registered with Register with OFATMA for maternity 29 Benefits OFATMA for maternity and health and health insurance. insurance and does not pay workers’ contributions. Sep-17 Compensation Social Security and Other The factory has not registered with Register with OFATMA for 29 Benefits OFATMA for maternity and health maternity and Health Insurance. insurance and does not collect and forward workers’ contribution: [page 166] Sep-17 Contract and Human Resources Employment Contracts The daily break duration listed in the Align contracts with internal work 6 contracts is not in line withthe internal rules work rules. Sep-17 Contract and Human Resources … Contracting Procedures Foreign workers contracts do not specify … Specify the type of employment in 6 the period of employment and the hours the foreign workers’ contracts of work and these workers are not Ensure that all workers are covered covered by work-related accident by OFATMA for work related insurance. accidents. Sep-17 Contract and Human Resources … Dialogue, Discipline and Workers reported incidents of verbal Plan training for supervisors and 7 Disputes abuse by supervisors and managers. managers on supervisory skills. Sep-17 Occupational Safety and Health Chemicals and Hazardous The factory does not maintain an Maintain a detailed inventory of the 6 Substances updated inventory of chemicals and chemicals used in the workplace hazarduous substances. Sep-17 Occupational Safety and Health Chemicals and Hazardous Chemicals and hazardous substances are Label all containers used in the 6 Substances not properly labeled. workplace in local language Sep-17 Occupational Safety and Health Chemicals and Hazardous The chemical warehouse did not have all … Provide MSDS for all chemicals or 6 Substances the required MSDS hazardous substances used in the workplace Sep-17 Occupational Safety and Health Chemicals and Hazardous The factory did not show evidence of Provide training to workers who use 6 Substances training for workers who use chemicals chemicals and hazardous and hazardous substances. substances Sep-17 Occupational Safety and Health Worker Protection Management has not provided proper Provide proper personal protective 7 masks and goggles to workers in the equipment to workers. Provide boiler area goggles to workers in the boiler area Sep-17 Occupational Safety and Health Worker Protection Workers in the sewing area were not Provide training on the use of 6 using the installed safety eye guards. sewing machine guards. Sep-17 Occupational Safety and Health Worker Protection Pregnant women were observed in chars … Provide adequate chairs to workers. 6 without backrests. Sep-17 Occupational Safety and Health Working Environment Workplace temperature exceed 30 C. Fix the exhaust system in the cutting 6 area and explore means of reducing temperature. Sep-17 Occupational Safety and Health Welfare Facilities Insufficient number of toilets. Comply with legal requirements 7 regarding the number of toilets, Sep-17 Occupational Safety and Health Health Services and First Aid The factory did not show evidence of Coordinate with OFATMA or internal 6 medical checks conducted for workers doctor to perform adequate medical within the first three months of hiring. checks within 90 days of hiring. Sep-17 Occupational Safety and Health Health Services and First Aid The factory did not provide health checks Coordinate with OFATMA or internal 6 to workers who have been exposed to doctor to perform the relevant work-related hazards. medical checks Sep-17 Occupational Safety and Health Health Services and First Aid The factory did not show evidence of Coordinate with OFATMA or internal 6 annual medical checks for workers. doctor to perform the relevant medical checks [page 167] Sep-17 Occupational Safety and Health Health Services and First Aid Insufficient medical staff. Increase the number of nurses and 17 doctors to comply with national law Sep-17 Occupational Safety and Health Emergency Preparedness Missing and obstructed fire extinguishers. Replace fire extinguisher in module 17 28 and train workers on keeping the fire fighting equipment unobstructed Sep-17 Occupational Safety and Health Emergency Preparedness Aïisles obstructed by fabric rolls and Train workers on keeping the aisles 17 boxes in the workplace. unobstructed Sep-17 Occupational Safety and Health Emergency Preparedness Obstructed and closed emergency exits Keep emergency exits unobstructed Management left doors opened 6 found in the workplace. and accessible at all times. half way with security guards in attendance in order to open fully in the event of an evacuation. Sep-17 Occupational Safety and Health Emergency Preparedness No operating procedures available for the Make operating manual available to 6 boiler. operators and keep an operating log for the boiler Sep-17 Working Time Overtime A review of attendance records revealed Take adequate measures to stay 6 that the factory exceeds the legal within 80 hours of overtime per overtime limit for workers in the trimester. production, cleaning and cut control areas. Sep-17 Working Time Overtime No valid authorization to work overtime. Obtain overtime authorization from 6 MAST for overtime. Assessment November 2016 Nov-16 Discrimination Gender Sexual harassment Maintain a strict policy against Factory management conducted sexual harassment at the workplace their own internal investigation and systematically train newly hired and then implemented the workers, supervisors and managers following actions on this topic. Strengthen and 1) Training for supervisors and encourage the use of grievance managers on sexual harassment reporting mechanisms and address prevention any cases at an early stage 2) Distribution of Valdor's policy 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 involved in the reported cases Nov-16 Compensation Paid Leave The payment for sick leaves is not Accurately compensate workers for Sick leave is now correctly accurate for all workers. sick leaves in accordance with legal compensated regarding to the requirements. Haitian Labor Code. Nov-16 Compensation Paid Leave The payment for maternity leaves is not Accurately compensate workers for The sick leave is correctly paid accurate for all workers. sick leaves in accordance with legal now. lt is based on average requirements. earnings. Nov-16 Compensation Social Security and Other The factory has not registered with the Ensure that the factory is affiliated The factory invited OFATMA to Benefits health and maternity insurance provider to the health and maternity promote the program with the of OFATMA. insurance by OFATMA. workers before they start with registration. Nov-16 Compensation Social Security and Other The factory does not collect and forward Ensure that the factory is affiliated to The factory invited OFATMA to Benefits workers contribution for the health and the health and maternity insurance by promote the program with the maternity insurance of OFATMA. OFATMA. workers before they start with registration [page 168] Nov-16 Contract and Human Resources … Dialogue, Discipline and Verbal abuse cases were found at the Reinforce the grievance mechanism The factory has launched a series Disputes factory. system. Provide training on of training sessions for supervisory skills. Post messages supervisors and management. encouraging mutual respect Awareness raising posters are throughout the workplace. displayed on the bulletin board to encourage workers to use the suggestion boxes or to report any abuses from supervisors and managers directly to the HR. Nov-16 Occupational Safety and Health Worker Protection The maintenance staff were not using Train workers on the usage of PPE. The factory planned to perform dust masks and gloves, which were Continuous training for the provided by management maintenance crew and production operators along the year. They have already held regulars reminder sessions Nov-16 Occupational Safety and Health Worker Protection Exposed electrical wire found in the Establish and maintain an effective Electrical wires are properly workplace. electrical installation management maintained by the factory system. electrician. Nov-16 Occupational Safety and Health Welfare Facilities Insufficient number of toilets. Provide an adequate number of Management agreed to contact accessible toilets for all workers in the owner of the industrial park accordance with the Haiïtian labor to study the feasibility of adding code new toilets. In the meantime, they will try to reallocate some of the men's toilets for the women: Nov-16 Occupational Safety and Health Welfare Facilities During the factory tour, EAs observed Establish and maintain an effective Management regularly supplied that there was no soap in the workers’ OSH management system. soap to all the toilets. Also, toilets. management aims to train the personnel working in the toilets to monitor this issue regularly. Nov-16 Occupational Safety and Health Health Services and First Aid Insufficient number of medical staff Comply with the Haitian Labor Code The factory has signed a new regarding the provision of onsite contract with the medical medical services 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 Haïtian Labor Code Nov-16 Occupational Safety and Health Health Services and First Aid First aid boxes not well supplied. Ensure that all first-aid boxes are The OSH team is being re- adequately equipped and can be trained on these requirements as easily accessible in a timely manner. some of the previously trained members have resigned. All the listed products are in the first aid boxes. During the last advisory the box were opened within the 2 minutes right after the request. Nov-16 Occupational Safety and Health Emergency Preparedness Obstructed and misplaced fire Adequately maintain all firefighting All fire extinguisher area were extinguishers found in the workplace. equipment so that they are easily cleaned up and the firefighting accessible in case of emergencies. equipment's were easily accessible. [page 169] Nov-16 Occupational Safety and Health Emergency Preparedness Several exit doors could not be fully Ensure that the emergency exits are Management has installed plastic opened and two other exit doors were unlocked and unobstructed during curtains on all exits doors to let found locked. working hours. To reduce the impact _ those emergency exits unlocked of the wind on work processes, and to reduce the impact of the management wi also install plastic wind. curtains on the door ways. Nov-16 Occupational Safety and Health Emergency Preparedness Cell phones were being charged Provide a designated phone À cell phone charging station was inappropriately throughout the charging station and post "No phone | installed. workplace charging" signs in all other areas throughout the workplace [page 170] 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 brandés, 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 171] [page 172] FAN (0) # GIFC RTE International International Finance Labour Corporation Organization WORLD BANK GROUP