(2021) Better Work Haïti : 23e Rapport de synthèse sur la conformité

[page 1] Better Work 23" Compliance Synthesis Repoi Under the Hope Legislatio Hait (0) KE) OIFC [page 2] 1 BETTER WORK HAITI - 23RD COMPLIANCE SYNTHESIS REPORT - DECEMBER 2021 L Copyright © International Labour Organization (ILO) and International Finance Corpora- tion (IFC) (2021) First published (2021) ILO publications benefit from copyright under Protocol 2 of the Universal Copyright Convention. However, short excerpts from them may be reproduced without authorization because the source is indicated. For reproduction or translation rights, the application should be made to the ILO, acting on behalf of both organizations: ILO Publications (Rights and Permissions), International Labour Office, CH-12T1 Geneva 22, Switzerland, or email pubdroit@ilo.org. The IFC and ILO welcome such applications. Libraries, institutions, and other users registered with reproduction rights organizations may make copies by the licenses issued to them for this purpose. Visit www.ifrro.org to find the reproduction rights organization in your country. ILO Cataloguing in Publication Data Better Work Haiti: apparel industry 23rd biannual synthesis report under the HOPE Il legislation / International Labour Office; International Finance Corporation. - Geneva: ILO, 2021 Tv. ISSN 2227-958X (web pdf) International Labour Office; International Finance Corporation Clothing industry / textile industry / working conditions / workers’ rights / labor legislation / ILO Convention / international labor standards / comment / application / Haiti 08.09.3 The designations employed in this, which are in conformity with United Nations practice, and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IFC or ILO concerning the legal status of any country, area or territory or of its authorities, or concerning the delimitation ofits frontiers. The responsibility for opinions expressed in signed articles, studies, and other contributions rests solely with their authors, and publication does not constitute an endorsement by the IFC or ILO of the opinions expressed in them. Reference to names of firms and commercial products and processes does not imply their endorsement by the IFC or ILO. 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-12T1 Geneva 22, and Switzerland. Catalogs [page 3] 2 BETTER WORK HAITI - 23RD COMPLIANCE SYNTHESIS REPORT - DECEMBER 2021 L 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 e L3 Acknowledgments/ Disclaimer Better Work Haiti receives financial support from the United States Department of Labor (USDOL). This publication's contents are the sole responsibility of Better Work Haïti and do not necessarily reflect the views or policies of the USDOL. The funding that is provided by the United States Department of Labor falls under cooperative agreement number IL-21187-10-75-K. 89 percent of the program's total costs in 2020 were funded by Federal funds, for a total of USD 11,295,840. This material does not necessarily reflect the United States Department of Labors views or policies, nor does mention of trade names, commercial products, or organizations imply endorsement by the United States Government. ET O7 «) ® « a @ @ S f} LES «: » [page 4] Table of Contents Acknowledgments/Disclaimer.…...............…..................................................... 2 List of ACrONYMS........ nr rrrrrrrrrrrressnessesssesceesssescssesssesessescsesescescseessceseseeeseeee Section I: Introduction and Context... 7 1.1 Background... seen / 12 Haiti Apparel Industry at a glance in numbers... TO 1.3 Impact of COVID-19 on workers in the Apparel Sector.…......................T2 Section III: Highlights of the reporting period April- November 2021... 17 Country CONTEXT. nr TA Section IV: Compliance situation in the Haïitian garment industry... 24 Section V: Core labor standards non-compliance findings of the reporting period (April 2021 - November 2021)... rene neneesreneenesnesesnesnssee SO Section VI: Better Work key activities and response to COVID-19.............................., 33 Factories in Detail... 45 List of Factories…............... A4 5 Findings from the Factories nee A7 Annex 1: The TAICNAR Project and Reporting Requirements under the HOPE II Legislation ses A9 Annex 2. Better Work’s Service Delivery Model... 53 Annex 3. The Better Work Compliance Assessment Methodology... 56 Better Work Compliance Assessment Framework.….........................D6 Calculating Non-Compliance & Public Reporting... 64 Limitations in the Assessment Process... 64 Annex 4. Factories Findings..…........................... ses O7 [page 5] 4 BETTER WORK HAITI - 23RD COMPLIANCE SYNTHESIS REPORT - DECEMBER 2021 L LL List of Acronyms ADIH Association des Industries d'Haïti (Haitian Industry Association) BMST Bureau de la Médiatrice Spéciale du Travail (Office of the Special Ombudsperson of Labor) 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) CTH Confédération des Travailleurs Haïtiens (Confederation of Haitian Workers) CTSP Confédération des Travailleurs des secteurs Publics et Prives (Confederation of Workers from the Public and Private Sectors) CTMO-HOPE Commission Tripartite de Mise en œuvre de la loi HOPE (Tripartite Commission forthe Implementation of the HOPE Law) EA Enterprise Advisor GOSTTRA Groupement Syndical des Travailleurs-eusses du Textile pour Réexportation d'assemblage (Union Group of Textile Workers for Re-export of the Assembly) HELP Haïti Economic Lift Program HOPE Haïitian Hemnispheric Opportunity through Partnership Encouragement Act IOE International Organization of Employers ITUC International Trade Union Confederation MSDS Material Safety Data Sheet MAST Ministère des Affaires Sociales et du Travail (Ministry of Social Affairs and Labor) OFATMA Office d'Assurance Accidents du Travail Maladie etMaternité (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 PAP Port-au-Prince, Haïti PIC Parc Industriel de Caracol (Industrial Park of Caracol) PICC Performance Improvement Consultative Committee [page 6] 5 BETTER WORK HAITI - 23RD COMPLIANCE SYNTHESIS REPORT - DECEMBER 2021 L 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 SDT Table de Dialogue Social (Social Dialogue Table) ) TAICNAR Technical Assistance Improvement and Compliance Needs Assessment and Remediation USDOL United States Department of Labor [page 7] » à à # © © NA MES Een TRE ES Îg DA ra ES (EE sd | PR Me Va Se See PR EE), [UT = Pers Eten sé nu PL Cote, à de. D Le |. MEN Re) der © pe GA 4 mn 1: : S j lue f F. * = re. +: . de pes rs D ET à Ta! + oi es < %, 2 Le A Res LE 4 15 Le NE agé — h 2 LiÉ - LÉ AN LL de LD ss 1 / + D D À: ot. Me (Ces ee RN , CR M S | "A pe, = N | Y de gg \ L ; SE ; ax & No 2 L + hé =" + ER. F ÿ me de: 5 - - cr a — | à ;” - k . d L& A ES # à #2 fs Fu \ L CÂé = NX Ps « : | 17 U 1 PEN | DS a _. ; |: . | D } V # La ; a” A, — RL PS à s”. « ; Pr. à là MA, ? 2 LE =. | 7, mE ” _ ce L Eh \ i * [page 8] 7 BETTER WORK HAITI - 23RD COMPLIANCE SYNTHESIS REPORT - DECEMBER 2021 L Section l: Introduction and Context 11 BACKGROUND Better Work - a collaboration between the United Nations’ International Labour Organization (ILO) and the International Finance Corporation (IFC), a member of the World Bank Group - is a comprehensive program bringing together all levels of the garment industry to improve working conditions, 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, Ethiopia, Egypt, Haiti, Indonesia, Jordan, Nicaragua, and Vietnam. Better Work is mainly operating in the apparel and footwear industry in the countries it operates. In Haiti, the program is mandatory for all apparel producers exporting their products to the US market under the HOPE II legislation. The HOPE II law requires that Haiti, in cooperation with the ILO, establishes a Technical Assistance Improvement and Compliance Needs Assessment and Remediation Program (TAICNAR), which (i) assesses Haitian apparel factories exporting under the HOPE II law on compliance with international core labor standards and national Haitian labor law, (ii) assists these factories on their remediation efforts and (ii) provides capacity building to the Government of Haiti on these aspects. In addition, according to the HOPE legislation, biannual reports must be published to indicate enterprise-level compliance performance. Further details on the components of the HOPE II law and specific requirements regarding biannual reports being published by the entity operating the TAICNAR program are quoted in annex 1 (HOPE II Legislation Reporting Requirements). This is the twenty-third report under the HOPE legislation to be published in April 2021 and delayed publication to July 2021; due to unforeseen circumstances; it is being published late this year. . Detailed enterprise-level data of compliance performance as required by the HOPE II legislation is included in the factory tables in the section called “factory tables.” The two components of HOPE II TAICNAR program aim at strengthening labor compliance of the industry in Haiti. The first of these elements focuses on assessing compliance with core labor standards and national labor law, supporting remediation efforts, and publicly reporting each factory's progress 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 [page 9] 8 BETTER WORK HAITI - 23RD COMPLIANCE SYNTHESIS REPORT - DECEMBER 2021 L services is extensive, encompassing technical assistance from the ILO in reviewing national laws and regulations to bring them into conformity with international standards, raise awareness of workers’ rights, and train 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 the government of the United States’ determinations, based primarily on non-compliance identifications made by the U.S. Department of Labor (USDOL). While Better Work Haiti reports are consulted as USDOL carries out its mandate to implement HOPE 11, Better Work Haiti's 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, particularly 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 also took on several elements of the second component of the TAICNAR program while carrying out activities covering TAICNAR component one. The Better Work program coordinates its work with the Labor Ombudsman and a tripartite Project Advisory Committee (PAC). This Committee meets with Better Work regularly to discuss the activities of the Better Work program. The PAC members represent the private sector, government and worker representatives, and the Labor Ombudsperson in line with the Committee's HOPE law's requirements. Therefore, Better Work follows this two-pronged approach at the country level to improve Haiti s garment industry's working conditions and competitiveness. On the one hand, direct factory-level interventions allow deep insight into each company’s compliance performance and assist in à tailored way. On the other hand, the program works with the tripartite constituents to address endemic challenges more substantially by bringing stakeholders together, sharing industry data, and offering technical assistance to address compliance challenges and capacity-building needs. [page 10] 9 BETTER WORK HAITI - 23RD COMPLIANCE SYNTHESIS REPORT - DECEMBER 2021 L The outbreak of COVID-19 and security concerns had tremendous impacts on the Haitian garment sector and workers in the sector in 2020 and 2021. These will be elaborated in Section 1.3 Impact of COVID-19 and the Section 11| Country Context. [page 11] À > LS E ait ue ÿ f F. ‘ Fr L d À d ii | LAN ù L 4 q h 39 53,410 WORKERS FREE ZONES FACTORIES - (63% WOMEN) HOSTING 90% THE PROGRAMME /2\ OF TEXTILE \ <È v 988 Million 26 APPAREL EXPORTS BRANDS'AND IN USD MILLIONS (83% RETAILERS OF NATIONAL © EXPORTS) © 2 14 +10 22 BLTTER WORK YLARS | HAITI MOUSTHY MAN STAPT SNCE 2009 COMMLUIANCI REFOR [page 12] 11 BETTER WORK HAITI - 23RD COMPLIANCE SYNTHESIS REPORT - DECEMBER 2021 L By 2022, Better Work Haiti strives to create a garment industry that provides decent work to a projected 65,000 workers, lifting their families and communities out of poverty, empowering women, boosting national income, and improving social stability. As of September 2021, the number of workers in the garment factories registered with Better Work stood at 53,410. According to the data published by the US Department of Commerce Office of Textiles and Apparel (OTEXA), the Haitian textile industry exported approximately USD 988 million worth of products to the United States from October 2020 to September 2021, representing an increase of 29 percent comparing the same period of the previous year after the significant drop in 2020 due to the pandemic. Building on the strong partnerships Better Work has developed with the government, global brands, employers, and unions, over the next five years, the program will play a central role in realizing the full potential of the HOPE II Act - a preferential trade program with the US. Convening diverse stakeholders to tackle shared challenges and supporting institutions’ efforts to monitor and safeguard factory compliance with international labor standards will be top priorities. Key partners * Ministry of Social Affairs and Labor (MAST) + Office of the Labor Ombudsman (BMST) * National Insurance and Pensions Office (ONA) + Office for Employment Injury, Iliness and Maternity (OFTMA) * Ministry of Commerce and Industry (MCI) * Ministry of Economic and Finance (MEF) + Office of the State Secretary for the Integration of People with Disabilities (BSEIPH) + Association of Haitian Industries (ADIH) * Private Sector Economic Forum (PSEF) All Trade unions active in the garment sector (11) * 26 brand and retail partners [page 13] 12 BETTER WORK HAITI - 23RD COMPLIANCE SYNTHESIS REPORT - DECEMBER 2021 L 1.3 IMPACT OF COVID-19 ON WORKERS IN THE APPAREL SECTOR Beyond firm-level impact, the worker survey conducted by Better Work Haiti shed light on the impact on workers and their families. Between June and July 2021, Better Work Haiti conducted another round of the workers’ survies to follow up on the survey in November 2020 to understand the impact of the COVID-19 pandemic on the workers, approximately six months after the arrival of the first case in Haiti. The June 2021 survey was conducted with approximately 1,500 workers who had participated in the previous survey to find out the changes that had occurred in their lives (if any), since November 2020. Among the respondents, 62% were female, and 23% of them were married. The survey covered the same themes that were covered in the last survey, and used the same questionnaire and methodology. The questions covered a wide range of topics, including their financial situation, their concerns, and their outlook on the future as well as their mental and physical health. LE + CE A total of 1,511 workers completed Better " Works survey in both November 2020 and J ÿ June 2021. The following provides a snapshot L 1 e : on the background of these workers: + . à . - 4. 22 . . are female average age are married Hs sh. è PA % x D have completed are the main x secondary level of breadwinnerin : education theirfamily : , «. d _ [page 14] 13 BETTER WORK HAITI - 23RD COMPLIANCE SYNTHESIS REPORT - DECEMBER 2021 L 1.3.1 Working hours and take-home pay have stabilized in 2021 following COVID-19 production disruptions in 2020, but financial insecurity among workers remains a major concern. * In November 2020, two-thirds of workers said they had experienced some sort of work disruption, such as à temporary suspension, in the past 30 days. The percentage of workers reporting similar disruptions decreased substantially by the second round survey, suggesting a stabilization of production and employment in 2021. One in five workers reported working hours had increased in the past 30 days. + The average monthly pay reported by workers was 7,400 gourdes ($76). Among workers who have maintained their employment, the level of reported take-home pay remained stable over the previous six months. + Yetstability in levels of nominal wages can mask financial hardship. Half of workers reported “financial stress” as a concern in the 2021survey round. Even as this reflects a high proportion of the workforce, it has lessened from the 60 percent of respondents who reported “financial stress” as a concern in 2020. * The figure below helps illustrate how financial stress can manifest in workers’ lives. Fifty nine percent of workers spent down savings to cover living expenses in 2021. While this is down from the 81 percent of workers who reported the same in 2020, it coincides with a higher percentage of workers who are borrowing money (47 versus 36 percent), which could suggest personal savings are depleting. As in 2020, macroeconomic dynamics prompting rising food prices are also likely contributing to workers’ financial stress. How did you coverlivingexpensesin the lasttwo months? 20% 81% 80% 70% 59% 60% 50% 47% 40% 36% s5% m Nov-20 30% mJun-21 19% 20% E 10% gx 10% u nu Spent savings Borrowed money Help from family Sold assets members [page 15] 14 BETTER WORK HAITI - 23RD COMPLIANCE SYNTHESIS REPORT - DECEMBER 2021 L 1.3.2 Individuals who left their jobs since last year experienced worse outcomes. + Even though garment workers are facing financial challenges, those who left their garment sector jobs tended to face even starker problems. Ten percent of the sample, or 161 of workers surveyed, had left their job in the six months following November 2020. Seventy six percent of the workers who left their job since November 2021 were not working for pay in the week preceding the survey. Half of those not working are actively searching for a new job. When asked about making ends meet during their period of not working, respondents by and large report to be sustaining themselves with savings or support from relatives, with no respondents mentioning government social protection benefits. A majority of the workers who left their job in the past six months report lower income from all sources relative to when they held their garment job. Given the lower levels of productive employment reported among those who left their garment sector jobs, it is not surprising their incomes have deteriorated. * The most common reason cited for leaving a job was because of being fired or laid off, due to the fact that factories lost contracts during this period. However one- third of those who left their job stated that they decided to quit, which could point to job dissatisfaction. Among those who choose to quit, workers cited health-related concerns, poor working conditions, and low salaries as the most common reasons for leaving. Reasons forleaving job in past 6 months (n=161) 60% 52% 50% 40% 33% 30% 20% 10% Zi 4% 4% où |__| = _ 7 lwas fired or I decided to quit Thefirmis lwas Other laid off closed suspended [page 16] 15 BETTER WORK HAITI - 23RD COMPLIANCE SYNTHESIS REPORT - DECEMBER 2021 L 1.3.3 Food security remains a prominent concern among garment workers and their dependents. While the most immediate pressures from COVID-19 restrictions - such as mobility restrictions, closures of markets, and food shortages - have abated in 2021, the majority of workers are still facing food insecurity. Echoing 2020, 80 percent of workers surveyed in 2021 say they and family members have had to reduce the number of meals or the portion of each meal at some point in the immediate past. This has largely persisted since the first survey round in 2020. Compared to 2020, a lower percentage - yet still 60 percent - of workers cite prohibitively high food prices as a problem to meet their nutrition needs. This remains the number one reason cited by workers to explain their reduction in food intake, followed by reduction in household income. Unable to buy the amount offood we usually buy because... 100% 30% 80% ° 75% 60% 60% 50% 40% 20% | 0% Price of food was too high Our household income has dropped mNov-20 mJun-21 Asked about other concerns, nearly 80 percent of workers cite personal safety concerns during their commute to work. Instability in the country was a common concern mentioned in the course of the survey interviews. 1.3.4 Workers’ self-reported health and well-being have deteriorated since 2020. + Better Work Haïti incorporated standardized questions measuring mental well- being, which covered areas such as optimism about the future, ability to cope with [page 17] 16 BETTER WORK HAITI - 23RD COMPLIANCE SYNTHESIS REPORT - DECEMBER 2021 L problems, and feelings of connectedness with others'. After establishing appropriate cut-off scores to analyse the responses of workers, a deteriorating trend emerges, With the percentage of workers classified as at risk for possible or probable depression or anxiety rising from 12 to 35 percent. Jun-21 > | ve # No indication of depression or anxiety # Possible depression or anxiety Nov-20 ——. 2% 5 Probable depression or anxiety 0% 20% 40% 60% 80% 100% * A large drop-off in the self-reported physical health of workers also appears to have occurred from 2020 to 2021. Whereas in the first survey round 79 per cent of workers cited their physical health as “good” or “very good,” the corresponding proportion for 2021 drops to just 38 per cent of workers. These results on workers’ mental and physical health would seem to be consistent with the financial and food security- related stresses workers have reported. This survey exercise in 2021 following the experiences of1,500 current and former garment workers in Haiti shows that despite gains made in workplace stability following production disruptions in 2020 related to COVID-19, many current and former workers face significant hardships related to household finances and basic needs. Moreover, the unique nature of the data set Better Work Haiti has created in elevating these insights from workers can also enable further research to understand better the drivers of outcomes for workers in the sector. The program is working on several dissemination materials such as a video infographic, a press release in local newpapers and online, including on social media, with the aim to provide insights into the working conditions and business conditions in the sector and to call the attention of the stakeholders to challenges and issues identified by the survey. A set of seven questions was used with permission from the Short Warwick Edinburgh Mental Wellbeing Scale (SWEMWBS) © NHS Health Scotland, University of Warwick and University of Edinburgh, 2008, all rights reserved. [page 18] 17 BETTER WORK HAITI - 23RD COMPLIANCE SYNTHESIS REPORT - DECEMBER 2021 L e L3 e LL Section Ill: Highlights of the reporting L3 LL period April- November 2021 COUNTRY CONTEXT Long before the coronavirus, Haiti faced enormous economic hardship. The GDP growth was -1.7% in 2019, -3.3% in 2020 and -1.8% in 2021. The recent assassination of President Moise and the ensuing political unrest, gang activities and associated instability in the country have exacerbated the already fragile Haitian economy. The assassination of President Jovenel Moise on July 7* sent shockwaves to the people of Haiti. The interim government, headed by President Ariel Henry, has been working on multiple fronts including the investigation of the assassination, the response and recovery from the magnitude 7.2 earthquake which hit the country on 14 August 2021, as well as the improvement of the security situation against gang crimes. The timing of national and local elections is yet to be determined. The armed gangs seem to operate at will, disrupting activities in some parts of the capital, including public and commercial transport, which has affected the delivery of fuel and caused fuel shortages throughout the country. This disruption has in turn affected business operations in general and particularly in the textile sector that depends heavily on the use of diesel to power the factories. The situation was so dire during the months of July and August that some factories could not receive raw materials or export finished goods and some even closed their doors temporarily. As mentioned in the previous sections, in the workers survey commissioned by BWH, nearly 80 percent of surveyed workers cited personal safety concerns during their commute to work. While the country continues to deal with last year's impact of the COVID-19 pandemic on the economy, there was a reported increase in new COVID infections. According to the latest information posted by the World Health Organization (WHO), as of the end of November, there were 25,351 cases of COVID-19 infections in the country and 746 deaths. Furthermore, the vaccination rate remains low at approximately O.56% of the population has been fully vaccinated. (https://covidi9.who.int/table) [page 19] 18 BETTER WORK HAITI - 23RD COMPLIANCE SYNTHESIS REPORT - DECEMBER 2021 L On the economic front, the value of the Haitian Gourdes compared to the US dollar continued to decrease. At the end March 2021, the average exchange rate was about 80 Haitian Gourdes for one US dollar. In September 2021, the Central Bank of Haiti (Banque de la Republique d'Haïti) reported the average exchange rate at 97.40 Gourdes for one US dollar. It should be noted that the actual exchange rate at the local banks are usually higher. In addition, there is a scarcity of US dollars in the official market. Spotlight on Social Protection There are two main actors operating under the leadership of the Ministry of Social Affairs and Labor (MAST) that provide social security protection services to workers in the textile sector, namely The Office for Work, Health and Maternity Insurance (OFATMA) and National Office for Old-Age Insurance (ONA). OFATMA is a government-run insurance provider that provides health services to workers when they are sick as well as provides annual medical check ups to participating workers. Both workers and employers contribute 3 percent of the workers average salary to the agency, on a monthly basis, to cover workers healthcare needs. The employer contributes an additional 3 percent of the workers average salary for coverage of work-related accidents. It also provides long-term disability payments to workers who are injured or unable to work for an extended period of time. The other government-run agency is the ONA, which covers the retirement fund for all workers in the country. Similarly to the contribution for OFATMA, both employers and workers contribute an equal six percent to the fund. In general, workers are eligible to collect their pension dues after contributing during 240 months and after completing their 55th birthday. The agency also provides different types of loans to contributing workers, based on a percentage of the amount they have already contributed to the fund. Workers often complain that it is very difficult for them to receive any loans from the available programs. Both agencies have received criticism from employers and workers in the textile sector for lacking adequate services. There have been insufficient access to services due to different reasons. In some cases, factories do not register themselves for social security schemes.Many factories do not collect workers’ contributions or pay their contributions correctly, or in some cases, they collect workers’ contributions but do not transfer them to ONA or/and OFATMA resulting non-registration of workers to the list of beneficiaries. There are also cases where OFATMA'S list of beneficiaries are not updated on time or correctly. In those cases, workers cannot access the services they should be entitled to. It should be also [page 20] 19 BETTER WORK HAITI - 23RD COMPLIANCE SYNTHESIS REPORT - DECEMBER 2021 L noted that the follow-up by the government agencies to ensure factories’ registration and to collect unpaid contributions has not been sufficient. According to a recent analysis by Better Work based on the data collected during regular factory assessments, there are 15 factories that are not registered for maternity and health insurance. Among this group, there are 2 factories that have not registered with OFATMA for work-related accident insurance either. There are also additional revenues that are lost because of faulty calculation of the average daily salary which does not include the payment for the lunch break, as required by the 2017 law related to the workday. In fact, during this reporting period, 24 factories were found to be non-compliant with their contributions to the social security system. However, there are à total of 32 factories in the program that do not include the lunch break payment in the calculation of the daily average salary and thus do not include this payment in the amount submitted to the social security services. (Please see tables below) The numberof fac- tories found non- NoRate by Ques- Compliance Question compliant (N=27) Does the employer collect and forward workers’ contribu- tions to ONA? 24 89% Does the employer collect and forward workers’ contribu- tions to OFATMA? 24 89% Does the employer pay 3% of workers’ basicsalary to OFATMA for maternity and health insurance? 24 89% Does the employer pay the required employer contribution to ONA? 24 89% Does the employer pay 3% of workers’ salary to OFATMA forwork-related accident insurance? 18 67% Does the employer pay workers their annual salary supple- ment or bonus? 16 59% [page 21] 20 BETTER WORK HAITI - 23RD COMPLIANCE SYNTHESIS REPORT - DECEMBER 2021 L Social security registeration and calculation 0 5 10 15 20 25 30 35 Number of factories that are not registered for CO OFATMA Maternity and health insurance Number of factories that are not registered for B OFATMA work related accident insurance Number of factories that are not including contributions Number of factories that are not including SR lunch break in calculating ONA contributions Among 38 factories registered to Better Work The issue of non-compliance on social security benefits, which is recurrent in the Haiïtian textile sector has attracted the attention of the United States Congress in recent months. In a letter sent to various brand manufacturers in November of 2021, the US House Ways and Means Committee expressed its concerns that many of the factories operating in the sector are not complying with their obligations to contribute to the social security system. The representatives of the House Ways and Means Committee are asking the manufacturers to take leadership to ensure that their suppliers comply with the requirement of the laws by paying by contributing to the social security system as they should. The association of Haitian Industries (ADIH) sent a letter to its members, exhorting them to comply with the laws and to quickly take action to solve any pending issues they may have with ONA and OFATMA. [page 22] 21 BETTER WORK HAITI - 23RD COMPLIANCE SYNTHESIS REPORT - DECEMBER 2021 L In February 2020, the government and social partners adopted a National Social Protection and Promotion Policy (PNPPS)2 This policy results from a participatory and inclusive process initiated in Spring 2016 at the official launch of the Sectorial Table on Social Protection (TSPS) based on the “social re-foundation” pillar of the Strategic Plan for the development ofHaiti. The PNPPS defines the main functions of social protection and social promotion. The PNPPS aims by 2040 to reduce poverty, inequalities, and economic, social, and institutional injustices to build just social citizenship where the holders of rights to social protection and promotion see their rights realized and their ability to live the desired life improved. The guiding principles define the principles to be taken into account in the PNPPS and the conditions necessary to achieve its objectives. These principles are universality, equity, equality between the individuals, solidarity in the financing, adequacy of benefits, subsidiarity and participation, coherence of policies, adaptation, an obligation of means, and results. In May/June 2021, a joint Virtual Mission of the UN System in Haiti to support the implementation of the “Politique nationale de protection et promotion sociales (PNPPS)’ took place in Port-au-Prince, Haiti. The objective of one UN “virtual” mission to Haiti was to coordinate among agencies and support the implementation of the policy by the Haitian actors. The key UN agencies involved are WFP, ECLAC, PAHO/WHO, UNDP, UNICEF and the ILO. The main governmental counterparts are the MAST, Ministry of Planning and External Cooperation (MPCE) and the Ministry of Economy and Finance (MEF). The UN Resident Coordinator designated the country team economist to be the leader of a UN team of representatives of the agencies. Following several rounds of discussions between Better Work Haiti and the directors of ONA and OFATMA it was agreed that an Inter-sectoral commission, composed of representatives from ONA, OFATMA, MAST, The Association of Haitian Industries and representatives of workers will be revitalized, to address the non-compliance issues in the sector. The commission, which was launched in 2018 and renewed in 2019, will work on a plan to harmonize the activities of ONA and OFATMA, make a revised proposal to the new Minister of MAST, and outline a series of actions that must take place to improve the 2 https://www.social- protection.org/gimi/gess/RessourcePDF action;jsessionid=bDiAHTVOceriETjFXIw7uxKdmpvOXPLDIjgmsd 4x21olWFD-Gbgw!17509481097id=57284 [page 23] 22 BETTER WORK HAITI - 23RD COMPLIANCE SYNTHESIS REPORT - DECEMBER 2021 L performance of the social security actors. The commission will submit a proposal to monitor the number of workers in the sector on a monthly basis, taking into consideration the fluctuations that are constantly occurring. À special unit will be put in place to compile all the data on the workers’ socio-demographic profile, including their health condition. This information will be shared with the relevant authorities, including the Association of Employers (ADIH) and the Office of the Labor Ombudsperson (BMST). The inter-sectoral commission will work on the modalities to bill and collect the payment from the employers in a more efficient manner as well as the penalties for non-payment of the invoices in a timely manner. They will also make à proposal regarding the measures to be considered by factories in the event of the non-availability of ONA and OFATMA services. The commission will further propose a plan to establish a permanent registration process of all workers to the social security database and in the case of those workers who do not have a national ID card, they will work with the competent authorities, namely the National Office for Identification (ONI) to provide them with a national ID card. The commission will work With the employers and the union to ensure that they respect their obligations towards the social security actors. [page 24] L F | = _ À L ES L E: 7”. EN . - 2 ® * : [page 25] 24 BETTER WORK HAITI - 23RD COMPLIANCE SYNTHESIS REPORT - DECEMBER 2021 L Section IV: Compliance situation in the Haitian garment industry The overall trend of non-compliances in the Haitian garment industry This section presents an overview of the non-compliance findings in 27 participating factories, which were assessed at least twice before November 2021. Better Work Haiti conducted hybrid assessments and hybrid advisories during this period with the support of inspectors from the Ministry of Labor. During the hybrid assessments and hybrid advisories, labor inspectors visited factories on site and Better Work staff support them remotely. The factories’ improvement plans were verified virtually through requests for documentation during advisory services and conversations with bipartite committee members, including workers and management. The charts present non-compliance findings for the 27 assessed factories during the reporting period, showing non-compliance rates in brackets. Please note that these reports are issued biannually, yet assessments are being done annually, so issues are reported in two consecutive reports. In this report's individual factory tables, progress on the remediation of non-compliance issues can be followed in further detail. The highest non-compliance rates in the industry were in occupational safety and health (OSH). Persistent non-compliance issues in compensation (social security, as described in the earlier section) and OSH (Chemicals management, Emergency preparedness, and Health service and first aid) continue to concern the sector. This is where Better Work's role as convenor of industry stakeholders is essential. It allows the program to discuss challenges that affect many companies in the industry. [page 26] 96% Non-compliance on emergency f preparedness remains high. Under this r # : . — ae cluster, non-compliances on having ce adequate fire-fighting equipment (74%), DA ” L keeping emergency exits accessible, -. \ unobstructed, and unlocked during working D > hours (78%) are also key challenges to be _ / D , : addressed. | 4 ia € 96% Non-compliance on chemical and w & 4 4 D . hazardous substance management —. r d à 1 remains high at 96%. The non-compliance : on storing the chemicals properly is | / relatively low at 22%, but 81% of factories | were found non-compliant on properly labeling them. _ 96% Non-compliance on social security and other benefits remains high at 96% as al detailed in the previous section. 59% Factories found non-compliant on at least one question under the Employment contracts cluster, but no factories found non-compliant on the question asking the À workers to have contract [page 27] During this reporting period, Better Work Haiti noted two new allegations on core labor standards violations during assessments. One FOA case falls in the interference and discrimination compliance point, for failure to pay the minimum daily salary to union members who were suspended. The second case relates to six Union leaders who were dismissed on the basis for failure to wear a mask during work hours. The factory only provided documentation for only one out of those six workers. The details of those cases are described in Section V: Core labor standards non-compliance findings. The overall rate of non-compliance continues to be high in the Occupational Safety and Health cluster, particularly emergency preparedness and chemicals and hazardous substances. The data reveals that factories have made à greater effort to train workers in the use, maintenance and storage of chemical substances. For example, the non-compliance rate on the specific questions related to the monitoring and prevention of exposure to chemical and hazardous substances is at 19% and the non-compliance rate in term of training is at 22%. The non-compliance rate on storing the chemicals properly continues to be relatively low at 22%. The questions concerning inventory documentation, labeling of containers of hazardous substances and the availability of material safety data sheet still present a high rate of non-compliance, which affect the overall rate of non-compliance in the OSH cluster. The rate of non-compliance in the emergency preparedness also remains high at 96% for this reporting period. The data reveals that employers have properly informed and prepared workers for emergencies in the workplace, with à non-compliance rate of just 7%. Non- compliance regarding accessible, unobstructed, or unlocked emergency exits during working hours, including overtime stands at 78% during this reporting period. During the last reporting period, 12 out 13 factories or 92% were non-compliant on the availability of adequate fire-fighting equipment. For this period, the report on 27 factories assessed demonstrated a non-compliance rate of 74%. One of the main problems with the non-compliance issues in OSH is because most of the factories do not have a dedicated compliance officer. The compliance officers usually have several other responsibilities within the organisation and therefor fail to pay attention to all the details related to OSH. The issues are usually corrected after the assessment, however regular follow ups are not done to ensure that they issue do not reoccur. We regularly advise the factories to have a dedicated compliance officer to oversee all OSH related issues. We [page 28] 27 BETTER WORK HAITI - 23RD COMPLIANCE SYNTHESIS REPORT - DECEMBER 2021 L have also proposed an individual plan to each factory, to improve OSH compliance. The objective was to develop and carry out specific activities which involves management and workers representatives from factories, to significantly reduce the most recurrent OSH non- compliances. In the compensation cluster, the highest rates of non-compliance persist in the compliance point of Social Security and Other Benefits (96%). The data present a slight increase in the rate of non-compliance due to the fact that we are reporting on more than double the number of factories that were assessed during the last reporting period. Twenty four factories assessed have have been cited for non-compliance on collecting and forwarding workers’ contributions to OFATMA and ONA and paying employers’ contributions. The non- compliance is consistently high in this area due to the fact that several factories have not subscribed to the maternity and health insurance which OFATMA is offering since December 2016, while others are making the payments late. Twenty factories are in non-compliance for collecting and forwarding workers’ contributions to OFATMA on time. In addition, 24 factories have also been non-compliant for workers’ and employers’ contributions to ONA (pension funds), respectively. Among these, the majority of non- compliances identified relate to late payments of these contributions. The Haitian Labour Code requires that payments (6 percent of the basic salary to be paid by employees and 6 percent of the employers' basic salary) are being made within the first 1 working days of each month for the previous month. The data reveals that 20 assessed factories do not count the break time in the normal working time, in accordance with article 3 of the law on the organization and regulation of working time over the duration of 24 hours divided into three shifts of eight hours. In accordance with the provision of the same article, the break time will be at least half an hour and must be fully remunerated, regardless of its duration. This will lead to non-compliance findings for all factories who do not pay for the break time and the resulting mandatory contributions. Better Work Haitis actions on those points are elaborated in Section VI: Better Work key activities and response to COVID-19. [page 29] 28 BETTER WORK HAITI - 23RD COMPLIANCE SYNTHESIS REPORT - DECEMBER 2021 L Non-compliance rates by Compliance Point - Feb 2021 - Nov 2021 (Core Labour Standards Clusters) É ChildLabourers SOON 5 Documentation and Protection of Yours nn Le) Workers 6 Hazardous Work and other Worst Forms TON 6 Gender BE É E Race and Origin DO 3 a Religion and Political Opinion PO L BondedLabour DOS 8 É Coercion BOEEE D . 8 Forced Labour and Overtime On pa Prison Labour COEUR s> Collective Bargaining DOS 5 © S a © Freedom to Associate OSEO 5 A S> Interference and Discrimination EEE © 52 Strik 8 & ikes DO TO Ÿ ü . . LG Union Operations DO 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% # Non-compliance rate (n= 27) [page 30] 29 BETTER WORK HAITI - 23RD COMPLIANCE SYNTHESIS REPORT - DECEMBER 2021 L Non-compliance rates by Compliance Point - Feb 2021 - Nov 2021 (National Law Clusters) Method of Payment EEE Minimum Wages/Piece Rate Wages EN [es ê Overtime Wages EEE un & Paid Leave DS SE ON [on £ Premium Pay e] Social Security and Other Benefits DD GE Wage Information, Use and Deduction ISSN D Contracting Procedures ISO £ u © pa] 5 8 Dialogue, Discipline and Disputes EEE U © [e] & 2% Employment Contracts SSSR ON 6 © Oo Termination GS EN -æ Chemicals and Hazardous Substances DO GE £ 3 Emergency Preparedness DO GE É Health Services and First Aid OO C0 OS ë OSH Management Systems ISSN ri “a Welfare Facilities OS SE ON [es © Worker Accommodation OSEO Le} 3 Worker Protection DO SE ON Le] © Working Environment DS SE ON En Leave NS £ v = OvetimeOÆOOOOOOOO £ = Regular Hours OO OS ON 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% # Non-compliance rate (n= 27) [page 31] 30 BETTER WORK HAITI - 23RD COMPLIANCE SYNTHESIS REPORT - DECEMBER 2021 L Section V: Core labor standards non- compliance findings of the reporting period (April 2021 - November 2021) During this reporting period, Better Work Haïti noted two non-compliances on the core labor standards during the assessments; One factory was cited for union interference and discrimation and the other received a non-compliance under the child labor cluster, on documentation and protection of young workers. Improvements were made for factories that were found non compliant in the previous reporting period. For example, in one factory, all the pregnant women were reinstated in July 2021 and they were paid their maternity payment based on 100 percent of their average salary. Factory1 During this reporting period, Factory 1 was found in non-compliance for two separate cases of anti-union discrimination. Documentation review as well as workers’ interviews revealed that the factory did not pay the minimum wage to two union leaders who were suspended for union activities on October 1st, 2021. Management said they did not know those two workers were part of the union. In the second case, the factory fired six union leaders. However, management could not provide the files of five of them to the assessors. Management provided documentation for one of the six union leaders, who was dismissed because of her refusal to use the face mask. However, the management did not provide the zero tolerance protocol in place for face mask. Despite advice from Better Work, the factory management had not reinstated those 6 six union leaders at the time of reporting. Factory 2 This factory was cited in non-compliance under documentation requirements related to child labour, because assessors found three employment records that were missing identification cards or birth certificates. These three workers confirmed that it was during the assessment visit that the Management awarded them à contract. The HR manager simply explained that these workers were temporary workers. Assessors did not see any workers who appeared to be underage. The remainder of the employment records with Government issued IDs indicated that workers were above [page 32] 31 BETTER WORK HAITI - 23RD COMPLIANCE SYNTHESIS REPORT - DECEMBER 2021 L minimum age requirements. Workers and management interviews confirmed that workers were above the legal working age. [page 33] ! a "tal, + TE on. | | -N. 7 Em ‘rc x NO | 2 . 34f [page 34] 33 BETTER WORK HAITI - 23RD COMPLIANCE SYNTHESIS REPORT - DECEMBER 2021 L Section VI: Better Work key activities during the reporting period Better Work is committed to supporting workers, employers, and government partners in the garment sector despite the disruptions caused by the COVID-19 pandemic and political instability. Better Work Haïti has been supporting factories and workers on crucialhealth and safety issues and engaging government, employers, workers and their organizations to enhance social dialogue. In addition, we continued to engage with the government, particularly the labor inspection division of the Ministry of Labor, to ensure the sustainability ofthe program's core services activities. Throughout the crisis, Better Work Haïti has maintained regular contact with employers, workers, and MAST, providing most of its services remotely to promote social dialogue and compliance at the individual factory level and, in parallel, to increase constituents' capacities. At the beginning of 2021, Better Work Haiti started to conduct in-person assessments_ in factories in the North East. The restrictions imposed due to the pandemic and the security situation gave the program an opportunity to adapt and try new approaches. Better Work Haiti used a combination of full virtual advisory services as well as a hybrid model whereby the inspectors from the Ministry of Social Affairs and Labor (MAST) are onsite at the factories while a Better Work advisor participates remotely. In these cases, the advisor prepares an agenda for the visit and discusses it with the labor inspectors prior to the visit to ensure the consistency of the services. The same approach is used to perform the regular factory assessment, which also contributes to the sustainability of Better Work’s core services activities as well as building the capacity of the inspectors from MAST. During this reporting period, Better Work Haïti, through its trainers as well as through its collaboration with ILO HIV&AIDS, also delivered 40 trainings sessions to 33 factories in Port-au-Prince as well as the Northeast. The trainings covered à range of topics including Occupational Safety and Health, Human Resource Management during COVID 19, Hygiene and Prevention against COVID 19, Sexual Harassment Awarenes and Prevention, Emergency Preparedness during COVID 19, Workplace Cooperarion and Communication and Socially Responsible Transitioning. 1464 workers, women, union leaders, stakeholders and management staff participated, including 750 women. In addition, one virtual session on the them Understanding Gender was conducted for MAST and BMST and another hybrid [page 35] 34 BETTER WORK HAITI - 23RD COMPLIANCE SYNTHESIS REPORT - DECEMBER 2021 L session on the same topic, Understanding Gender, was conducted for the Intersyndical Committee of Haitian Women (CISFH). The objective of the training was to raise awareness about gender based discrimination in the workplace and how it can affect performance and productivity. COVID-19 Training Better Work Haiti continues to support its constituents by delivering advisory services and training with a focus on the prevention of COVID-19. During these advisory services, Better Work staff review factories' existing COVID-19 protocols and make suggestions to improve them. During this reporting period, 9 factories and 52 participants took part in a training on Socially Responsible Transitioning during COVID-19, to help them in the event that they have to reduce their workforce. The objective of this training was to ensure participants had a broad understanding of effective processes for managing retrenchment, and to ensure social responsibility during transition at the factory level. The training also highlights the role of stakeholders to effectively support retrenchment. OCCUPATIONAL SAFETY AND HEALTH Given high non-compliance on OSH, Better Work Haiti continued to work on this topic, often linking the COVID-19 specific challenges to pre-existing issues. Training and seminars are delivered on OSH, chemical management, COVID-19 Emergency Preparedness and Hygiene and Prevention against COVID-19. Ninety eight participants from 18 factories participated in OSH training and improved their understanding on typical OSH issues and solutions to implementing and improving OSH management practices. With specific focus on emergency preparedness, the COVID-19 Emergency Preparedness training was attended by 159 participants from 13 factories. Participants gained practical knowledge on definition, types and core elements of emergency preparedness to make improvements in their workplaces and to develop effective accident investigation procedures. While factories are increasing their participation in the various trainings offered ÿ Better Work, the implementation of the learned materials has been slow. Factory managers have cited several factors that have prevented them form fully embracing the advice of Better Work. The change in behavior is often accompanied with an investment in personnel and [page 36] 35 BETTER WORK HAITI - 23RD COMPLIANCE SYNTHESIS REPORT - DECEMBER 2021 L factories sometimes complain that their budget does allow them to increase the size of the workforce. They also complain that floor production managers are most concerned about completing production and does not pay enough attention certain issues. Better Work needs to adapt its training material to focus more on behavioural changes, to address those persistent non-compliance issues. GENDER During this reporting period, Better Work Haiti provided eight training sessions to 18 factories, for workers, managers, supervisors, and union leaders on the prevention of sexual harassment in the workplace. In total 319 participants attended these sessions, including 44 superviors and 39 middle managers. Participants in these trainings have expressed better understanding of the different forms of sexual harassment that may occur in the workplace. However, in discussions that take place during the training sessions, they often reflect on the difficulties to deal with the issue, given its sensitive nature. They feel that more workers need to be trained on the topic in order to have a greater impact. Better Work Haiti needs to monitor the impact ofthe training either through surveys at the factory level, to gauge the workers understanding of the issue and through the number of cases reported to factory managers and Better Work Haïti. Better Work Haiti continued its collaboration with the project ILO/AIDS by providing training to combat the stigmatism of HIV in the sector from May to August 2021. During the various training sessions, a total of 328 people participated, including 240 females and 88 males. The objective of the training was to strengthen the knowledge of workers on HIV/AIDS and the principles of non-stigmatization and non-discrimination. Better Work Haiti also invited the representatives of the Laborombudsman office and the Tripartite Commission for the Implementation of HOPE II (known as the HOPE Commission or by its French acronym, CTMO-HOPE) to participate in a virtual training on gender, in which five women and seven men participated. During the 16 days of activism against Gender-based Violence in November and December, Better Work Haiti supported factories by reviewing training materials on the prevention of sexual harassment that factories had prepared to deliver to their workers. According to documentation received from factories, they provided in-house training to a total of 920 employees including 400 women and 520 men. Better Work also provided advice and [page 37] 36 BETTER WORK HAITI - 23RD COMPLIANCE SYNTHESIS REPORT - DECEMBER 2021 L guidelines to factories that developed their own awareness raising materials which were posted in the factory to raise awareness about gender-based violence. Better Work also supported the Inter-Union Committee of Haitian Women (CISFH), whose mission includes advocating and promoting respect for the rights of Haitian women at work, particularly those in the textile industry. Better Work Haïti conducted a training for CISFH members to enhance their understanding and awareness about the relevance of gender- equality in the workplace.- Better Work also provided à training on basic computer skills to members of CISFH at the request of the CISFH leadership to help them increase their basic computer skills, so they can prepare their own documents to train their members. Workshop on Action against Violence and Harassment in the World of Work With focus on Gender-Based Violence in the garment sector. In June 2019, the ILO adopted a new Convention and Recommendation to combat violence and harassment in the world of work, following the process to set new international standards, which had started in 2015. At the national level, more and more Haitian women in the garment have come forward to break their silence on sexual harassment, confirming that Haïti is not exempt from incidences of sexual harassment though people barelÿy report it. The ILO/NORMS office in Costa Rica in collaboration with Better Work Haïti organized a workshop on C190 December 10th, 2021. In this context, the workshop was organized with the following objectives: * Enhance the understanding of key stakeholders on progress made, challenges, lessons and good practices in preventing and addressing violence and harassment in the world of work with focus on gender-based violence and harassment. * Enhance the understanding of key stakeholders on the new framework for action towards the elimination of violence and harassment in the world of work in line with C190 and R206. + Identify key areas of action by constituents in the Haitian garment sector to better prevent and address violence and harassment in the world of work with focus on gender-based violence. [page 38] 37 BETTER WORK HAITI - 23RD COMPLIANCE SYNTHESIS REPORT - DECEMBER 2021 L + Promote collaboration and exchange of information among stakeholders, in order to better understand the challenges at stake and implement targeted and effective policies. The event brought together representatives of government, workers’ and employers’ organizations, national Non-Governmental Organizations (NGOs) and laborombudsman staff. COLLABORATION WITH EMPLOYERS Better Work Haiti continued to work with the employers to find solutions to address persistent non-compliance issues on social security payments by identifying issues and through convening stakeholders (please see the earlier section on “Spotlight on Social Security”). Another key area of collaboration with employers is on the COVID-19: Call to Action in the Garment Industry. Shortly after its launch a little over a year ago, Better Work Haiti initiated a round of discussions with the national stakeholders to inform them about this global initiative. Through a series of bilateral and tripartite meetings, the representatives of the workers’ associations and the representatives of the employers’ association worked together to develop a National Action Plan. In September 2021, the National Action Plan Was finally agreed Upon and all parties signed the engagement document in which they agreed to do the following. * Facilitate inspections on compliance with standards related to Covid-19 issued by the Government for the reopening of the textile industry. * Negotiate any dispute through the mediation and arbitration mechanisms provided by Haitian law in order to preserve the continuity of production and jobs and the income of all concerned; * Promote an inclusive, sustainable and resilient, people-oriented recovery to emerge from the COVID-19 crisis, as specified in the resolution of the International Labor Organization in response to COVID-19; * Promote the compliance of all employers with regard to social benefits (ONA, OFATMA); + Set up a bipartite commission for the management of the “National Call to Action” program [page 39] 38 BETTER WORK HAITI - 23RD COMPLIANCE SYNTHESIS REPORT - DECEMBER 2021 L The document also outlined the responsibilities of each of the signatory parties and the representatives of the Employers association forits part agreed to the following: + Promote compliance with standard measures of prevention against of COVID-19 by member companies of The Association des Industries d'Haiti (ADIH) following the guidelines of the Ministry of Public Health and Population (MSPP). +. Work with the members of ADIH in the textile sector and other stakeholders at the national level to develop a vision for the sector and make recommendations to the government for the recovery, growth of the sector and economic development in general. + Work with trade unions in the textile sector to make recommendations to the government on decisions to be taken for the retention and growth of employment in the textile sector. The representatives of the workers’ association forits part agreed to the following: + Promote compliance with standard measures of prevention against of COVID-19 by member companies of The Association des Industries d'Haiti (ADIH) following the guidelines of the Ministry of Public Health and Population (MSPP). +. Work with the members of ADIH in the textile sector and other stakeholders at the national level to develop a vision for the sector and make recommendations to the government for the recovery, growth of the sector and economic development in general. * Work with trade unions in the textile sector to make recommendations to the government on decisions to be taken for the retention and growth of employment in the textile sector. In addition to the above, the employers’ association through their representatives agreed that they will negotiate forthe establishment of a letter of credit system for some factories, at 1%/ year or 0% cost to establish their production supply pipelines. COLLABORATION WITH TRADE UNIONS Marcht 5h, 2021, in collaboration with 1LO NORMS department and MAST, Better Work Haiti held a virtual workshop on FOA and for all trade union cells at the factory and trade [page 40] 39 BETTER WORK HAITI - 23RD COMPLIANCE SYNTHESIS REPORT - DECEMBER 2021 L union leaders. The objectives of the workshop were threefold: (1) to promote the ILO Guidelines; (2)to examine any problematic areas/issues in promoting the Guidelines in the garment sector in Haiti by reviewing the recommendation of C87 C98 and the gaps in the Haïitian labor law; and (3) to arrive at some strategies/recommendations for improved social dialogue in the garment sector in Haiti. In September of 2021, Better Work Haiti held à meeting with several union federations such as, Groupement Syndicale des Travailleurs-euses du Textile pour la Réexportation d'Assemblage (GOSTTRA), Confederations des Travailleurs Haïitiens (CTH), Confederations des Travailleurs du Secteur Publique et Prive (CTSP), Sendika Ouvriye Tekstil ak Abiman- Batay Ouvriye (SOTA-BO) andCentrale Nationale des Ouvriers Haitiens (CNOHA), to update them on the activities of the Program and to discuss workers representative’s concerns regarding industrial relations problems at the factory level. The union leaders said factory managers often fail to respond to their requests for meetings, which deprives them of the opportunity to discuss the issues affecting the relationship between employers and employees. The union representatives took the opportunity to request Better Work Haitis support to develop and disseminate social awareness messages targeting workers on issues such as industrial relations, maternity leave requests and general labor laws. With the ITUC affiliates, during this period in collaboration with ACTRAV, BWH reviewed training modules on FOA and collective bargaining to be delivered for the garment sector and replicated in other sectors. A firm was retained to provide training to the representatives of the workers and the employers, regarding the different dimensions of international labor standards related to freedom of association and collective bargaining in the context of respect for these standards by the company and workers. The ultimate objective of this consultancy is to produce a policy of freedom of association and collective bargaining in the textile sector. The training module will also focus on industrial relations for employers and workers, with the aim of improving working conditions and the quality and competitiveness of the company, through social dialogue. The trainings module has been developed and the trainings was scheduled to be delivered in November 2021 in Port-au-Prince and the North East. Activites planned were delayed because of the social political situation in country and scheduled for the first quarter of 2022. During this reporting period, Better Work also provided training on the theme of understanding Gender to the Confederation des Travailleurs Haitien (CTH) and The [page 41] 40 BETTER WORK HAITI - 23RD COMPLIANCE SYNTHESIS REPORT - DECEMBER 2021 L Confederation des Travailleurs des Secteurs Publics Prives (CTSP) in which 55 people including 49 women took part. COLLABORATION WITH THE GOVERNMENT Better Work continued to provide logistical support to the Ministry of Social Affairs’ Labor Inspectorate division to perform inspection services in the garment sector as well as other sectors where necessary. As a result, the labor Inspectorate division was able to conduct a total of ten inspection visits, as well as deliver inspection reports to eight textile factories in Port au Prince and the Northeast and four follow-ups visits. One inspection visit was also conducted for a security company. In September 2021, Better Work Haiti provided logistical support to the Office of the Ombudsperson (BMST) to visit factories in the Northeast, in the Caracol Industrial park. During their one-week long mission, the representatives of the Office of the Ombudsperson visited all three textile factories where they held meetings with factory managers as well as union leaders to follow up on à range of issues including but not limited to union persecution, strikes, and payment to the social security system. They investigated multiple complaints received from the workers’ organisations in the Caracol Park and coordinated with factories and trade unions in mediating workplace disputes. Better Work Haiti is currently working with the Office of the Ombudsperson to develop a dynamic complaint management mechanism that will allow collecting, tracking and processing conflict remediation among stakeholders more efficiently and transparently. The program is currently supporting the Ombudsman Office in implementing an appropriate web-based case management plateform which should be ready to production by first half of 2022. Wage digitization of Garment Worker Salaries in Haïti In collaboration with IFC CIO project, to advance the program sustainabitlity strategy workshops were held with the governor of the Haitian Central Bank (BRH) and its senior staff to discuss significant infrastructure challenges in Haïti that need to be addressed for digital wages to be provided to garment workers. Since the launch of the technical steering committee in January 2021, the Creating Investment Opportunities (CIO) project has provided hands-on support to the industry [page 42] 41 BETTER WORK HAITI - 23RD COMPLIANCE SYNTHESIS REPORT - DECEMBER 2021 L through tailored market intelligence and transactional support to increase business opportunities for manufacturers in Haïti. The Governer of Central Bank confirms his support to the Apparel Sector which is important because of its contribution to the balance of payment (1st export of goods and 2nd earning of foreign currencies) and its capacity to create job rapidly. BRH is open to work on the development of this sector in the context of monetary policy and macroeconomic stability. It adopts one instrument to promote creation of free zones; its impact is limited due to the socio-politic context. In addition, he also announced the Implementation of Digitalization: BRH is progressing in the execution of the financial inclusion strategy. Nextsteps: + BRH will consider the importance of this issues for creation of jobs in the Apparel Sector. They will give it a priority in their agenda of implementation of the financial inclusion strategy. It assures its implication in the agenda of reforms developed for this sector. * A financial education program must be designed for the workers of the Apparel sector. BRH will examine this with the unit in charge of the implementation of its strategy. It will include the workers of the Apparel Sector among the target groups of this strategy * Composition of a task force to facilitate the e-payment of workers in the Apparel Sector: BRH will send us in 48 hours the name of its representative. Upon discussions with representatives from the Ministry of Commerce and Industries (MCI) Better Work Haiti noticed that the Ministry is lacking in terms of statistical data that could help the Government of Haïti in developing a strategy to promote the textile sector and to expand the range of products that could be offered by suppliers in Haiti. There are no instruments or tools to analyze other information and data collected by Better Work Haiti and the Office of the Labour Ombusperson for the Textile sector such as the volumes and values per product recorded in the system. Recent analysis conducted by the Better Work Haiti team have shown that statistical data is unreliable to assess the fulfillment of certain obligations contained in the HOPE and HELP law. The statistical data are available and recorded are not used for economic and prospective analysis. To this end, Better Work Haiti has contracted the services of a consultant to help develop a system of complementary indicators affecting, and linking if [page 43] 42 BETTER WORK HAITI - 23RD COMPLIANCE SYNTHESIS REPORT - DECEMBER 2021 L possible, social and economic data in terms of jobs, income, gender and export amount. The consultant will produce the following documents: * Inventory of available statistics data and a processing system according to the needs of users and stakeholders * Guide for collecting and processing production and export statistics * Guide for collecting and processing labor statistics * Recommendations for the organization, implementation and monitoring of the indicator system. The consultant will also work to develop a Buyer Attraction System with the objective to provide Better Work Haiti with a tool allowing it to respond to requests for exportable offers and to provide reliable information to those entities that are interested in the Haiïtian garment sector. The development of this tool will be done using the inventory of statistical data, to establish a baseline for products covered by the Hope Law. A survey will be conducted among producers to assess their capacities and interests for the products requested by Better Work's buyer partners, that are not yet produced in Haiti. The activities of this stage will benefit from the expertise accumulated by Better Work in its relations with buyers and in the other countries where it is active. PROMOTING SOCIAL DIALOGUE In April 2020, the ITUC and IOE issued à joint statement for a Call to Action for the global garment industry. Organisations endorsing this statement commit to take action to protect garment workers’ income- health and employment and support employers to survive during the COVID-19 crisis- and to work together to establish sustainable systems of social protection for a more just and resilient garment industry. ILO Haiti in coordination with the regional office in Costa Rica played a key role to support the national working group in Haïti with constructive dialogue. Bilateral meetings were held With workers organisations in the garment sector, the employers and the Haitian government. After weeks of intense discussions, the employers and workers’ organisation have developed and signed à joint statement with special needs they see in the garment sector. The joint statement from the national working group might have taken longer than expected to find a plausible consensus with all parties, but the process to a mature dialogue for the garment industry was innovative. [page 44] 43 BETTER WORK HAITI - 23RD COMPLIANCE SYNTHESIS REPORT - DECEMBER 2021 L Social dialogue played a crucial role for responding to the challenges of the pandemic in Haiti. By involving all stakeholders in the garment sector, the process of social dialogue offered the possibility to take into account different concerns and points of view. The mutual respect and trust that were built through this process made it easier to reach balanced solutions, which are supported by all constituents in this exercise. As social tensions were replaced with shared compromises, crises such as the pandemic can be handled in much more effective. Better Work Haiti held a work session in collaboration with the Office of the Ombudsperson, with representatives of the Association des Industries d'Haïti (ADIH) and several factory managers, to discuss the law referred to as the 3*8 law that was promulgated in September 2017. One of the main changes in the law is that it eliminated payment for Sunday rest day and made the lunch break an integral part of the workday, which must be compensated. When the lunch break is not compensated, the factory is found in non-compliance with several points related to compensation (including social insurance payments), which factory managers often contest. The objective of the meeting was to discuss the law in regard to ILO conventions, particularly ILO convention 1 (Hours of work), 14 (Weekly rest), 30 (Hours of Work (Commerce and Offices)) and 106 (Weekly Rest (Commerce and Offices)). The participants also discussed how the law could affect working conditions in the industry. The discussions prompted new questions and different concerns raised by the suppliers. MAST and BWH will continue to delver informational sessions to provide the necessary guidance in order to help factories in addressing any related compliance issues. [page 45] — EL L + £ >» «S " 4 ? !4 g. ÿ e =, nd nd à || L 7 _ à 16 L = ’ | Virtual advisory sessions to .. . Training sessions to 33 39 participating factories . factories (51.2% women) Covering a wide range of topics, including Better Work Haiti delivered 40 training the prevention of COVID-19. Advisory sessions on 10 topics to 33 factories in services are conducted with the bipartite Port-au-Prince and the Northeast. A total committee members’ participation, including of 1464 workers and management staff, representatives of workers and 750 were women, and 724 were men, management. During the advisory services, were trained on COVID-19 preventive workers’ representatives are encouraged to measures and responses, sexual speak freely and discuss relevant issues. harassment prevention, emergency Better Work Haiti also ensures that women preparedness, understanding gender as are represented in the bipartite committees. well as socially responsible transitioning. [page 46] 45 BETTER WORK HAITI - 23RD COMPLIANCE SYNTHESIS REPORT - DECEMBER 2021 L Factories in Detail LIST OF FACTORIES Below is the list of factories that Better Work Haiti has assessed over the past two cycles. All factories that have been assessed by Better Work more than twice are included in the data analysis and included in the factory tables of this report. Please note that a factory’s compliance data is no longer included in this section if itis closed. Table 3: List of factories in the Haïitian apparel sector, which have been assessed between April 2020 and November 2021) Factory Name 1. BrandM Apparel Haïti - AMT, AM2, AM3 2. Caribbean Island Apparel 3. Centri Group SA 4. Class International Holdings LTD 5. Cleveland Manufacturing S.A. 6. Digneron Manufacturing SA 7. Everbright Headwear 8. Everest Apparel Haiti S.A. 9. Fairway Apparel S.A. 10. GO HAITI T1. H4H SA 12. Haïti Premier Apparel S.A. 13. HANSAE HAITI S.A 14. Horizon Manufacturing S.A. [page 47] 46 BETTER WORK HAITI - 23RD COMPLIANCE SYNTHESIS REPORT - DECEMBER 2021 L [page 48] 47 BETTER WORK HAITI - 23RD COMPLIANCE SYNTHESIS REPORT - DECEMBER 2021 L FINDINGS FROMTHE FACTORIES This section reports on the factories’ detailed 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-month period. lt should include detailed compliance information for each producer (see annex 1 forthe 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, and the time elapsed since the deficiencies have first been identified. This information is captured in the factory tables in the following section. The full compliance assessment tool (CAT) used by Better Work Haïti can be accessed online When à compliance point is not listed for a factory, 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 complete list of compliance points and issues listed in Better Work's compliance assessment methodology section. À factory needs to have been assessed at least two times before its information will be published in this report's factory table. The columns in the tables correspond to specific reporting requirements of the HOPE legislation and provide additional information as follows: * Details on the non-compliance identified by EAs: the information included in this column constitutes the issues where evidence of non-compliance was found in one of the last two assessments conducted by Better Work at each particular factory (the date of the last two assessments is equally indicated for each factory on top of its table). * _Improvement priorities identified by the factory; + _Efforts made by the factory to remedy the compliance needs as verified in the most recent assessment or advisory visit; * For non-compliance areas that have not been remediated, the amount of time has elapsed since the non-compliance was first identified at this factory. 5 https://betterwork.org/home/bwh-our-services/ [page 49] 48 BETTER WORK HAITI - 23RD COMPLIANCE SYNTHESIS REPORT - DECEMBER 2021 L Additional information corresponding to HOPE Il reporting requirements is provided in the section above each table, e.g., advisory and training services provided by Better Work. One company received à non-compliance in the child labor cluster during this period, although Better Work Haiti did not find any child laborers in the factory. However, the factory failed to implement the proper management system to verify the age of the workers. The company did not keep the proper documentation, such as a picture ID or birth certificate for the hired workers. During this reporting period, Better Work Haïti cites two companies for violating Freedom of Association labor standards. These companies fired several union committee members for participating in strikes or inciting violence. However, the factory did not prove that those particular allegedly accused workers were involved in the incidents. After a thorough investigation, which included group interviews and individual interviews with workers, interviews with factory managers and labor inspectors, Better Work advisors concluded and recommended that some of the fired workers be reinstated to their positions without any penalties. | _ Sé“at } + ‘ s , » à _ e mi u + ne E à < -” Es 4 F *. n, : ci LI : L2 y x, 4 A .. Pr | . 2 À NW: A 4 . _ L : + F2 4] e . a ff 117 & ns + Ar 0 rt L k Re. - En | R à er a P ” | . pè* « »“ L * ST LL. L [page 50] 49 BETTER WORK HAITI - 23RD COMPLIANCE SYNTHESIS REPORT - DECEMBER 2021 L Annex 1: The TAICNAR Project and Reporting Requirements under the HOPE Il Legislation In 2006, the United States Congress enacted the Haïti Hemispheric Opportunity through Partnership Encouragement Act of 2006 (HOPE), expanding preferences for Haitian apparel established under the Caribbean Basin Economic Recovery Act, thus enabling the Haitian apparel industry to benefit from new duty-free preferences. In 2008, these preferences were further expanded through HOPE Il legislation, which also established new standards and programs strengthening and monitoring working conditions in the apparel sector. On May 24, 2010, the Haiti Economic Lift Program of 2010 (HELP Act) was signed into law to expand existing preferences to contribute to Haitis 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 I. In 2015, the US Government extended the Haiti HELP/HOPE provisions until 2025. 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. Finally, Haiti needed to develop a mechanism for ensuring that all producers benefiting from the HOPE Il trade preferences participated in the TAICNAR program. This was referred to in the legislation as the Technical Assistance Improvement and Compliance Needs Assessment and Remediation (TAICNAR) program. The TAICNAR program consists of two components: [page 51] 50 BETTER WORK HAITI - 23RD COMPLIANCE SYNTHESIS REPORT - DECEMBER 2021 L TAICNAR Program Component 1: Compliance Assessments and Remediation Support The HOPE law states that the first component of the TAICNAR program is “to assess compliance by producers listed in the registry described in paragraph (2) (B) (i) with the conditions set forth in subparagraph (B) and to assist such producers in meeting such conditions.” Better Work has been covering this part of the TAICNAR program since its launch in 2009. 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 training and specific projects and 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 Haiti 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 the requirements of the HOPE legislation. Factories that 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 (2XB)(); and (11) 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 to strengthen the Ministrys capacities to improve apparel factories” compliance with international standards and national labor laws. The project ran from 2014 to 2017 and was closely linked to the Better Work program. As of 2018 and with Better Work’s new 5-year strategy in Haïti, the program will continue to build on the efforts of this MAST capacity-building program. The revised project strategy emphasizes the capacity building of all tripartite constituents - Government, employer, and worker organizations - as part of the sustainability efforts of the Better Work program. [page 52] 51 BETTER WORK HAITI - 23RD COMPLIANCE SYNTHESIS REPORT - DECEMBER 2021 L The HOPE Il law specifies which information needs to be included in the biannual reports published by the TAICNAR program regarding the reporting requirements. See the text box below for the original text of the law. [page 53] 52 BETTER WORK HAITI - 23RD COMPLIANCE SYNTHESIS REPORT - DECEMBER 2021 L SEC.15403. LABOR OMBUDSMAN AND TECHNICAL AS- SISTANCE IMPROVEMENT AND COMPLIANCE NEEDS ASSESSMENT AND REMEDIATION PROGRAM. [...] (D) BIANNUAL REPORT. —The biannual reports referred to in subparagraph (CN) 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 Programunderthis paragraph, covering the preceding6-month period, and that includes the following: () The name of each producer listed in the registry described in paragraph (2XBXi) 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 (2XBX) that has been identified as having deficiencies with respect to the conditions under subparagraph (B), and has failed to remedy such deficiencies. (ii) Foreach producerlisted under clause (ii) — (1) a description ofthe deficienciesfound to exist and the specific suggestions for remediating such deficiencies made by the entityoperating the TAICNAR Program; (1) a description ofthe efforts by the producerto remediate the deficiencies, including a description ofassistance provided by any entity to assist in such remediation; and (I) with respect to deficiencies that have not been remediated, the amount oftime that has elapsed since the deficiencies were first identified in a report underthis 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 ofsuch deficiencies persists.[...] [page 54] 53 BETTER WORK HAITI - 23RD COMPLIANCE SYNTHESIS REPORT - DECEMBER 2021 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 à snapshot 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 is on continuous learning and improvements working with factories on root causes underlying repeated non-compliance issues. Since 2015, a factory cycle no longer starts with an assessment on which advisory services afterward were built in the initial approach. Instead, under the revised Better work service delivery model, the cycle now starts with approximately 100 days of advisory services. With its bipartite Committee, the factory can conduct a self-diagnosis with the 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, focusing on enabling the bipartite Committee to address issues listed in the improvement plan. The improvement plan includes issues that the factory has self-diagnosed and identified during the Better Work assessment. In addition, 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 completed and released directly by factories. The Better Work factory reports consist of the assessment report released roughly 30 days after the unannounced assessment visit. Then later in the cycle, in the 11th month of the cycle, Better Work then publishes à progress report detailing improvements on compliance issues and in-factory dialogue, continuous learning, and effective management systems. Better Work also provides additional recommendations in this report to further strengthen the improvement [page 55] 54 BETTER WORK HAITI - 23RD COMPLIANCE SYNTHESIS REPORT - DECEMBER 2021 L process. Factories report through the Better Work portal. This portal is the platform that is also used by Better Work to share factory data with authorized international brands that subscribed to a specific factory in either of the Better Work country programs. The enhanced portal with the revised self-reporting function also offers the opportunity for factories to update their improvement plan themselves. The improvement plan lists a factory’s non- compliance points from the last Better Work independent assessment together with any other issues that the factory itself identified as areas for improvement. 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 five months after the start of the cycle. This report includes progress made to date on all self-diagnosed issues and 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 ensure continued progress on closing areas of non-compliance. The Better Work Enterprise Advisors then write their progress reports 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 theillustration below: [page 56] 55 BETTER WORK HAITI - 23RD COMPLIANCE SYNTHESIS REPORT - DECEMBER 2021 L 7" "\oyde/ "T9, #0 TES Le es ( rent « A: 0 pan / A i n A , ‘ À ' ‘ \ (1 t L ' \ L 2 É \ < ‘ > , LP OS 4 Sequenceandcomponents ofannual Cycle under Better Work's revised service delivery model. In 2017, Better Work started to differentiate factories depending on their performance. Factories that are scoring high enough in terms of compliance performance and the areas of dialogue and learning encompass the criteria that need to be satisfied before a factory can be qualified for “stage two.” 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 à 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 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 57] 56 BETTER WORK HAITI - 23RD COMPLIANCE SYNTHESIS REPORT - DECEMBER 2021 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, à detailed report is prepared. 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 the 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, 111, 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. |f 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 Haitian law. Working Conditions: The four other clusters assess conditions at work, including compensation, contracts and human resources, occupational safety and health, and working time. The compliance points covered in these clusters are broadly consistent across countries; however, each compliance point contains specific questions that may vary from country to country due to differences in national legislation. National legislation is used as a reference point even if it is not in accordance with the international conventions that the country has ratified. In countries where national law either fails to address or lacks clarity around a relevant issue regarding conditions at work, Better Work establishes à benchmark based on international standards and good practices. [page 58] 57 BETTER WORK HAITI - 23RD COMPLIANCE SYNTHESIS REPORT - DECEMBER 2021 L Table 2: Better Work compliance assessment framework Compliance Compliance Point Compliance Issue CR Protection of A medical certificate and/or an employment Young Workers certificate or permit delivered by the Director of Labor provided by workers under age 18. Workers under age18 doing work that is hazardous by Discriminationt Gender Changing the employment status, position, wages, benefits, or seniority ofworkers during maternity leave. Excluding maternity leave from workers’ period of Pregnancy tests oruse of contraceptives as a Promotion oraccesstotraining(genderand/or Terminating workers or forcingthemtoresignifthey #In Better Work country-specific questionnaires, a compliance point “Other Grounds” may be included under the Discrimination cluster. This category aims to assess specific discrimination issues that are covered by national labor law, and are considered aligned with the objectives of the relevant ILO conventions (100 and M), but which are not explicitly mentioned in the conventions, eg. 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 TI. [page 59] 58 BETTER WORK HAITI - 23RD COMPLIANCE SYNTHESIS REPORT - DECEMBER 2021 L Termination orretirement (gender and/or marital A Promotion oraccess to training (religion or political Termination orretirement (religion or political Forced Labor Bonded Labor Debts for recruitment fees owed to the employer CT aan Forced laborto discipline workers or punish them for Free exit from the workplace at alltimes, including Freedom of movement (dormitories orindustrial Freedom to terminate employmentwith reasonable notice and/orto leave theirjobs when their contracts expire Threats such as deportation, cancellation of visas, or Workers’ access to their personal documents (such as birth certificates, passports, work permits, and ID cards) [page 60] 59 BETTER WORK HAITI - 23RD COMPLIANCE SYNTHESIS REPORT - DECEMBER 2021 L Forced Labor Forced overtime underthreat ofpenalty some Association Bargaining Collective agreementis less favorable for workers Interference Attempt(s) to interfere with, manipulate, or control Incentives to refrain from joining a union orengaging Termination ornon-renewalofworker’s employment Union membership orunion activities factoringinto Security guards, the police, or armed forces are called onto break up a peaceful strike or arrest striking workers. Operations Union representatives’ access to workersinthe Wage payment directly to workers atthe workplace Minimum Wage Correct payment ofpiece-rate workers when their TT emeenennnnn [page 61] 60 BETTER WORK HAITI - 23RD COMPLIANCE SYNTHESIS REPORT - DECEMBER 2021 L mme | Payment for regular working hours worked on weekly Social Security and Collecting and forwarding workers’ social insurance Employer contribution to OFATMA for maternity and Employer contribution to OFATMA for work-related Use, and Deduction Informing workers about wage payments and Contracts and Contracting Limits on the trial period for apprentices. Resources Dialogue, Discipline Bullying, harassment, orhumiliating treatment of Employment Contracts forall persons performing work forthe [page 62] 61 BETTER WORK HAITI - 23RD COMPLIANCE SYNTHESIS REPORT - DECEMBER 2021 L Employment contracts’ compliance with the labor code, collective agreement, and/orinternal work rules. Specifying terms and conditions ofemployment in Workers’ understanding ofthe terms and conditions Termination Annual salary supplement or bonus upon Orders to reinstate orcompensate unjustly Payment for unused paid annual leave upon Reductions in workforce size or suspensions due to Occupational Chemicalsand Assessing, monitoring preventing, and/orlimiting and health Substances Chemical safety data sheets for all chemicals and Inventory ofchemicals and hazardous substances Train workers who work with chemicals and Washing facilities or cleansing materials in the event Emergency Accessible, unobstructed, and/orunlocked Preparedness emergency exits during working hours, including overtime. Marking or posting ofemergency exits and/orescape [page 63] 62 BETTER WORK HAITI - 23RD COMPLIANCE SYNTHESIS REPORT - DECEMBER 2021 L Health checks for workers who are exposed to work- The employer did not ensure a sufficient numberof readily accessible first aid boxes/supplies in the workplace. OSH Management Assessment of general, occupational safety, and Mechanisms to ensure cooperation between workers Recording work-related accidents and diseases Minimum space requirements in the Protection against disease-carrying animals and/or [page 64] 63 BETTER WORK HAITI - 23RD COMPLIANCE SYNTHESIS REPORT - DECEMBER 2021 L Protection against heat, cold and/or dampness in the Toilets, showers, sewage, and/or garbage disposal Protection Installing guards on all dangerous moving parts of Installing, grounding and/ormaintaining electrical Providing workers with personal protective clothing Punishment ofworkers who removed themselves from work situations they believed presented an imminent and severe danger to life or health. Training and encouragement ofworkersto use PPE, Overtime Authorization fromthe Department ofLaborfor Authorization fromthe Department ofLaborfor work [page 65] 64 BETTER WORK HAITI - 23RD COMPLIANCE SYNTHESIS REPORT - DECEMBER 2021 L Working time records. Authorization from the Department of Labor before working at night. CALCULATING NON-COMPLIANCE & PUBLIC REPORTING In public synthesis reports, Better Work reports 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. A 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 based on 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 Haiti. Evidence shows that public reporting of this kind helps encourage continuous improvement and reduces the probability of reversing compliance gains. In addition, gathering and reporting these data over time enables factories to demonstrate their efforts to improve working conditions. LIMITATIONS IN THE ASSESSMENT PROCESS The factory-level assessments carried out by Better Work Haiti follow a thorough checklist of about 230 questions covering the above-mentioned labor standards and gathering general information about the factory.5 Information is gathered through various sources and techniques, including document review, observations on the factory floor, and interviews With managers, workers union representatives, bipartite committee members, or other $ Better Work Haiti Compliance Assessment Tool (CAT) including their legal references can be accessed here: http://betterwork.org/haiti/?page_id=1731 [page 66] 65 BETTER WORK HAITI - 23RD COMPLIANCE SYNTHESIS REPORT - DECEMBER 2021 L relevant witnesses. Finally, the information collected is compiled and analyzed 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 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 in their workplaces with people who are not well known. In addition, 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 become more experienced at collecting information and interviewing workers. Together with other activities led by Better Work, Haïti has created 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 and union representatives are interviewed. Violations in core labor standards such as sexual harassment or freedom of association are 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 unionists usually happens after à 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 to find a factory in non- compliance on a particular compliance point. Some issues are, therefore, not always easy to confirm. 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 unions, or other stakeholders share them at any given time of the year. During the assessment at a particular factory, specific questions can be asked about any case previously raised, and information may therefore enter the assessment report. [page 67] 66 BETTER WORK HAITI - 23RD COMPLIANCE SYNTHESIS REPORT - DECEMBER 2021 L The assessment usually visits last two days, and because it is a picture ofthe 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 to reinforce their capacity to conduct a self-diagnosis and develop an improvement plan that includes points 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 this information in return and 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 that still require more assistance, the evaluation of the performance of a factory will not only be limited to the assessment data. Still it will also include information gathered in those progress reports. Another issue that may be challenging to detect during an assessment is sexual harassment which is included in Better Work Haitis compliance assessment tool. Like other countries, it is one of the most sensitive and most difficult issues to detect during factory assessments. As a result, the assessment of sexual harassment in the workplace by Better Work Haiti 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 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 the prevention of sexual harassment in the workplace. In particular, Better Work’s supervisory skills training has contributed to raising awareness of this issue among supervisors in more than half of the factories in Haïti. Simple auditing of factory compliance has been widely acknowledged as limited in rectifying compliance issues. Furthermore, factories wishing not to disclose certain information can 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 68] 67 BETTER WORK HAITI - 23RD COMPLIANCE SYNTHESIS REPORT - DECEMBER 2021 L Annex 4. Factories Findings [page 69] 69 BETTER WORK HAITI - 23RD SYNTHESIS REPORT Factory BrandM Apparel Haïti - AMI, AM2, AM3 = Location: Ouanaminthe Number of workers: 1,240 Date of registration: May-19 Date of last two Better Oct-19 Mar-21 Work assessments: Advisory and Training Services 30-Nov-21 Virtual advisory meeting Advisory visit to update improvement plan. 27-Oct-21 Training Webinar on Intercultural Communication in the Textile Industry. 6-Oct-21 Virtual advisory meeting Virtual Advisory visit with the participation of some union representatives to discuss the following Creation of a bipartite Committee. Review and update improvement plan. Discussion with union representatives regarding payment of lunch break. 8-Sep-21 Virtual advisory meeting Virtual advisory to discuss the following Review and update the improvement plan. Plan to create a bipartite committee. Discuss the preparation on PRI. 5-Aug-21 Virtual advisory meeting Summary of the virtual advisory Virtual meeting with OSH committee to discuss about: The implementation method to solve the bill denominations issue. Meeting with the factory management to Review the improvement plan. Finally, a factory tour between BW, the compliance of the factory and the MAST inspector to check all the corrections already made by the factory. 4-Jun-21 Virtual advisory meeting Summary of the advisory visit: Virtual meeting with the bipartite committee to discuss - The new improvement plan - Root causes and necessary corrective actions - Possible training which can help the factory to improve the OHS cluster Meeting with the factory management on: How to solve compensation problems mainly on Pay ONA and OFATMA Finallv, à factory tour to check all the corrections already made by the factorv. 5-May-21 Training Virtual training Covid-19 Emergency Preparedness. 2-Mar-21 Virtual advisory meeting First Virtual advisory visits to discuss the following: 2020 Achievement - 2021 Perspectives and priorities - Training Plan for 2021 + Pending issues on Improvement plan Update on Union representation 14-Oct-20 Virtual advisory meeting Virtual advisory visit to discuss COVID-19 protocol, Termination under Article 42 and Improvement Plan Progress ASSESSMENT COMPLIANCE CLUSTER COMPLIANCE POINT DETAILS OF NON COMPLIANCE IMPROVEMENT PRIORITIES REMEDIATION EFFORTS MONTHS Assessment March 2021 [page 70] 70 Mar-21 Working Time Leave Inaccurate maternity leave to pregnant The factory needs to register À meeting was made between the park 8 workers. for OFATMA maternity and administration and OFATMA about the health insurance and ensure registration of all factories around of the that workers are given 12 park. we are waiting for the confirmation weeks of paid maternity leave. of the protocol agreement between the park and OFATMA to finish with the process. Mar-21 Working Time Leave Inaccurate Annual leave to workers. The factory needs to provide The company had an agreement with 8 workers with 15 days vacation some workers due to an emergency of after one year of service, as production to work some more days mandated by the labor laws. after the vacation, The company pays them according to the labor code 1.5. The problem we didn't inform MAST about this agreement. Next time we will write a protocol where both parties sign and accept to work few days after the vacation and send it to MAST for approval. Mar-21 Working Time Regular Hours Inaccurate attendance record. The factory needs to The punch system is in function now. all 8 implement the use of the workers can punch correctly. punch system to record worker's Attendance Mar-21 Working Time Regular Hours Factory did not give two break of 30 Provide additional breaks to The factory will develop a policy for 27 minutes to pregnant workers. pregnant women. maternity and inform all pregnant workers about their rights in the factory. Human resources will be in charge of monitoring this policy. Mar-21 Occupational Safety and Emergency Insufficient workers trained in the use The factory needs to provide The factory has provided first aid 27 Health Preparedness of fire-fighting equipment. fire safety training to at least training to 245. 10 percent of the workforce. Mar-21 Occupational Safety and Emergency The employer did not conduct at least Conduct emergency fire drill In the compliance calendar, we plan to 8 Health Preparedness 2 emergency drill per year. at least every six months. make a fire drill in June 2021 and another one on December 2021. Mar-21 Occupational Safety and Emergency Emergency exit was not adequately All exits should be properly The factory. 8 Health Preparedness identified and aisles are obstructed. identified and all aisles should - have removed the exit sign and be unobstructed. change the layout of this area. - rectified the problem of blocked aisles Mar-21 Occupational Safety and Emergency Unmarked escape, missing and All escape routes should be 27 Health Preparedness outdated evacuation map. map. clearly marked. The evacuation maps should be redone and posted on the war flonr [page 71] 7 Mar-21 Occupational Safety and Emergency Fire extinguishers were not properly Provide adequate firefighting All fire extinguishers are correctly 27 Health Preparedness maintained and some areas were equipment and Ensure regular inspected by American fire every missing fire extinguishers. maintenance is done. month. The compliance officer makes a daily check to ensure all fire extinguishers are well inspected. The factory makes sure that all fire hoses are accessible and in good PT Mar-21 Occupational Safety and Emergency Smoke detectors and alarm have not The factory needs to install 27 Health Preparedness been installed in the trim warehouse. fire detection system in all areas of the workplace. Mar-21 Occupational Safety and Health Services and Insufficient number workers trained in Train at least 10% of the The factory has been provided first aid 27 Health First Aid first aids. workforce in first aids training to 248. Mar-21 Occupational Safety and Health Services and Missing supplies in first aid boxes. Inspect and replenish the first The factory has already assigned a 8 Health First Aid aid boxes regularly. person to monitor first aid boxes. They updated the inventory list by removing all analgesic acetaminophen:; due to COVID-19, the factory is not providing any pills to workers. Mar-21 Occupational Safety and Health Services and The factory does not have an onsite Ensure that medical services The industrial park has an onsite 27 Health First Aid medical facilities and staff as required are available during working medical facility as required by the law by art. 478 and 479 of the labor code. hours including during night on Free Zone. shift. Mar-21 Occupational Safety and Health Services and Free annual medical checks was not Arrange free annual medical A meeting occurred between the park 27 Health First Aid provided to workers. checks for all workers. administration and OFATMA about the registration of all factories around of the park. we are waiting for the confirmation of the protocol agreement between the park and OFATMA to finish with the process. Mar-21 Occupational Safety and Health Services and Free health checks was not provided Provide health checks to The medical checks for workers exposed 27 Health First Aid to workers exposed to work-related workers exposed to work- to work-related hazards has been hazards. related hazards at least twice carried out. a year. Mar-21 Occupational Safety and Health Services and Health checks was not provided to Provide health checks to A meeting occurred between the park 27 Health First Aid workers within the first three months workers within the first three administration and OFATMA about the of hiring. months of hiring. registration of all factories around of the park. we are waiting for the confirmation of the protocol agreement between the park and OFATMA to finish with the process. [page 72] 72 Mar-21 Occupational Safety and Welfare Facilities Eating area is not adequate to The factory needs to find an 27 Health accommodate the entire workforce. additional eating area to accommodate workers. Mar-21 Occupational Safety and Welfare Facilities Insufficient number of Toilets. Increase the number of toilets. 27 Health Mar-21 Occupational Safety and Working Environment Light levels were inappropriate in all Ensure the lighting is 8 Health the working sections. adequate and adapted to worker's needs. Mar-21 Occupational Safety and Working Environment Workplace temperatures levels are Monitor the temperature level 27 Health unacceptable. and maintain it under 30 C inside the workplace. Mar-21 Occupational Safety and Worker Protection Social distance is not respected on the Ensure that 1.5 meter of 8 Health factory. distance is respected within the workplace. Mar-21 Occupational Safety and Worker Protection Hazard warning signs missing on Post hazard signs on all The electrician has properly maintained 27 Health electrical panels. electrical panels. the electrical panels by adding the hazard signs. Mar-21 Occupational Safety and Worker Protection Improper maintenance of electrical Ensure that all electrical panel The electrician has properlÿ maintained 8 Health system of the factory. are properly maintained. the electrical panels. Mar-21 Occupational Safety and Worker Protection The printing machines are missing The factory needs to ensure 27 Health pulley guards. that all machine have the proper safety guards. Mar-21 Occupational Safety and Worker Protection Several chair without backrests in the The factory needs to provide 27 Health sewing areas and standing mats were chairs with backrest to all not available to all workers. workers, tables with footrest or shock absorbing mats to standing workers. Mar-21 Occupational Safety and Worker Protection The factory did not provide The factory needs to provide 27 Health appropriate PPE to all workers. proper PPE to all workers using chemical products. Mar-21 Occupational Safety and Chemicals and Eyewash stations are missing in two The factory needs to install 27 Health Hazardous Substances areas of the workplace. eyewash station in all areas where chemical products are used. Mar-21 Occupational Safety and Chemicals and The factory does not provide training The factory needs to provide Training was provided to all workers 27 Health Hazardous Substances for workers and supervisors using chemical safety training to all using chemical products, including chemicals in the spot cleaning area. workers and supervisors that supervisors. are using chemical products. [page 73] 73 Mar-21 Occupational Safety and Chemicals and The factory does not have appropriate The factory needs to have an 27 Health Hazardous Substances spot cleaning area. isolated area for spot cleaning and ensure that the vacuum machine are working properly. They also need to provide DDF far all wrkere in the Mar-21 Occupational Safety and Chemicals and MSDSs are not available in local Translate MSDS in the local 27 Health Hazardous Substances language for all chemicals used in the language and post them workolace. where chemical products are Mar-21 Occupational Safety and Chemicals and Chemical and hazardous substances Label all chemicals and 27 Health Hazardous Substances are not properly labelled. hazardous substances used in the workplace. Mar-21 Occupational Safety and Chemicals and Inventory of chemicals and hazardous Update inventory of 8 Health Hazardous Substances substances is not updated. chemicals and hazardous substances in the workplace. Mar-21 Occupational Safety and OSH Management The factory does not record and The factory needs to record 27 Health Systems submit work-related accidents to and submit work related OFATMA monthly. accidents to OFATMA on a monthly basis. Mar-21 Contract and Human Termination The factory does not provide the The factory need to keep an Factory explained that the files are kept 8 Resources number workers terminated files accurate filing system so in the CODEVI administration building. requested. requested documents can be They will request copies of all file. submitted in a timely manner. Mar-21 Contract and Human Employment Contracts The factory does not have an internal The factory need to develop 27 Resources work rules approved by the Ministry of the internal regulations and Labor. submit the document to the Ministry of Labor for approval. Mar-21 Contract and Human Employment Contracts Apprentice contracts were not Management needs to submit 27 Resources approved as legally mandated. the apprentice contract to the Ministry of Labor for Approval. Mar-21 Compensation Social Security and Inaccurate annual salary supplement Calculate annual salary 8 Other Benefits or bonus payments. supplement or bonus payment based on worker's average earnings Mar-21 Compensation Social Security and The factory is not affiliated to Register with OFATMA for 27 Other Benefits OFATMA for maternity and health maternity and health insurance. insurance and submit employer's contribution regularly. [page 74] 74 Mar-21 Compensation Social Security and The factory is not affiliated with Register with OFATMA for 27 Other Benefits OFATMA for maternity and insurance. maternity and health insurance. Collect and forward workers’ contribution to OFATMA regularly. Mar-21 Compensation Social Security and No proof of payment to OFATMA for The factory needs to make Factory submitted roof of payment to 27 Other Benefits work related accident for the fiscal the payment of AFTMA OFATMA for work related accident year 2020-2021. accident insurance on time insurance. and keep the records. Mar-21 Compensation Social Security and ONA's deduction collected on workers include the lunch break 27 Other Benefits is inaccurate and payments are made payment in the calculation for late consistently. workers contribution and forward on time to ONA. Mar-21 Compensation Social Security and The calculation of ONA is inaccurate Include the lunch break 27 Other Benefits and payments are made late payment in the calculation for consistently. workers contribution and forward on time to ONA. Mar-21 Compensation Paid Leave The factory pays workers incorrectly The factory needs to pay all 8 for all types of paid time leave and types of leave based on lunch break is not compensate. worker's average earnings by including the lunch break payment. Mar-21 Compensation Paid Leave The lunch break is not compensated Pay the daily lunch break 27 in the payroll. accurately to all workers. Mar-21 Compensation Paid Leave Inaccurate payment for maternity The factory needs to register 27 leave. with OFATMA for maternity and health insurance. The factory also need to pay for the lunch break. Mar-21 Compensation Paid Leave Inaccurate sick leave payment. Calculate the annual leave on 27 worker's daily average earnings by including the lunch break payment. Mar-21 Compensation Paid Leave Inaccurate annual leave payments. Calculate the annual leave on 8 worker's daily average earnings by including the lunch break payment. [page 75] 75 Mar-21 Compensation Wage Information, Use Inaccurate Payroll records. Ensure that accurate 27 and Deduction information regarding the hours worked are displayed in the payroll. Mar-21 Compensation Minimum Wages/Piece Sometimes workers do not receive full Management needs to make 27 Rate Wages payment due to the bank, which is not sure that the payroll is done sending sufficient bill denomination. accurately. Assessment October 2019-October 2020 Oct-20 Occupational Safety and Worker Protection Cleaning and disinfection record is Develop a checklist to record Health missing daily cleaning and disinfection. Keep record in appropriate location. Oct-20 Occupational Safety and OSH Management Factory does not keep a registry for all Keep a registry for all persons Health Systems persons who present a temperature of who present à temperature of 38C and above. 38C and above. Oct-19 Working Time Regular Hours Factory does not provide weekly rest Ensure that workers enjoy a to workers. weekly rest day. Oct-19 Occupational Safety and Emergency Insufficient workers trained in the use Ensure that at least 10% of American fire to come and deliver Health Preparedness of fire-fighting equipment. workers are trained in fire training for workers. fighting Oct-19 Occupational Safety and Emergency Smoke detectors and alarm have not Ensure trim warehouse Health Preparedness been installed in the trim warehouse. building has smoke detectors and alarm. Oct-19 Occupational Safety and Working Environment Workplace temperatures levels are Monitor the temperature level Health unacceptable. and maintain it under 30 C inside the workplace. Oct-19 Occupational Safety and Worker Protection During the factory tour, assessors Develop monitoring and Health several sewing machines without proper maintenance schedule pulley guards. for sewing machines. Oct-19 Occupational Safety and Worker Protection Several chair without backrests in the Ensure all chairs in usage Health sewing areas and standing mats were meet ergonomics not available to all workers. requirements including but nat limited ta nroner Oct-19 Occupational Safety and Worker Protection The factory did not provide Make respective PPE's Health appropriate PPE to all workers. available to all workers as needed. [page 76] 76 Oct-19 Occupational Safety and Chemicals and Eyewash stations are missing in two 1. Install EYEWASH station in Compliance officers are in discussion Health Hazardous Substances areas of the workplace. mechanic shops where with management for the purchase and workers are using said installation of eyewash. chemicals. Oct-19 Occupational Safety and Chemicals and The factory does not provide training Monitor and restrict access to Compliance is actively monitoring and Health Hazardous Substances for workers and supervisors using spot cleaning areas for trained enforcing access to spot cleaning area chemicals in the spot cleaning area. and authorized workers only. to only the 3 workers trained for chemicals Oct-19 Occupational Safety and Chemicals and The factory does not have appropriate Properly Isolate spot cleaning Exhaust System installed. Health Hazardous Substances spot cleaning area. are from rest of worker Area is isolated by a fence that population. Install proper separates spot cleaning area from other exhaust system for removal of sections. vapors 3.Ensure only assigned workers are using chemical enninment Oct-19 Occupational Safety and OSH Management The factory does not record and Submit work related accidents Health Systems submit work-related accidents to to OFATMA on a monthly. OFATMA monthly. Oct-19 Contract and Human Employment Contracts The factory does not have an internal Ensure that factory internal Resources work rules approved by the Ministry of working rules are approved by Labor. the Ministry of Labor as required. Oct-19 Compensation Social Security and The factory is not affiliated with Register with OFATMA for Other Benefits OFATMA for maternity and insurance. maternity and health insurance. Collect and forward workers’ contribution to OFATMA reciilarlu Oct-19 Compensation Social Security and No proof of payment on the name of Ensure timely payments are Other Benefits the factory was available at the time made on behalf of the new of the evaluation visit. factory to OFATMA for work related accident. Oct-19 Compensation Paid Leave The lunch break is not compensated Pay lunch break as required in the payroll. by the law of September 2017. Oct-19 Compensation Paid Leave Inaccurate payment for maternity Ensure Saturday and Sunday leave. payments are included in the average earnings for maternity leave. Complete registration with OFATMA for maternity and health. Oct-19 Compensation Paid Leave Inaccurate sick leave payment. Ensure Saturday and Sunday payments are included in the average earnings for sick leave. [page 77] 77 Oct-19 Compensation Wage Information, Use Inaccurate Payroll records. Ensure that all payroll and Deduction compensation items are consolidated, reported and paid through 1 master payroll. Oct-19 Compensation Social Security and The calculation of ONA is inaccurate Revise the payment Management is reviewing with the legal Other Benefits and payments are made late procedures to ensure that the department on the interpretation of the consistently. employer contribution to ONA law and the payment of the one. is paid accurately and on time. Communicate the new procedures to all relevant parties. Oct-19 Compensation Social Security and ONA's deduction collected on workers … Revise the payment The administrative department is Other Benefits is inaccurate and payments are made procedures to ensure that the working with the legal department to late consistently. workers contribution to ONA review the payment of the ONA based is accurate and forwarded on on the minimum salary. time. Communicate the new procedures to all relevant parties. Oct-19 Contract and Human Contracting Procedures Apprentice contracts were not Revise the contracts of the Resources approved as legally mandated. apprentice workers, to specify the hours of work and the salaries. Submit to MAST for approval. Communicate the new procedures to all relevant parties. Oct-19 Occupational Safety and OSH Management Management could not provide Conduct an assessment of BrandM's compliance department Health Systems evidence of OSH assessment reports general occupational safety performs internal health and safety for the last 12 months. and health (OSH) issues in all audits in factories. buildings. Inform workers of There is an OSH committee that helps the results of the assessment. to inform the workers. Oct-19 Occupational Safety and Health Services and Insufficient workers trained in first Train at least 10% of the Evidence of 47 workers from AM2 were Health First Aid aids. workforce in first aids. trained in First Aids in the last 12 months, which represents a 2.56% of the total workforce. Coordinating more trainings about First Aids. Oct-19 Occupational Safety and Health Services and The factory does not have an onsite Increase the number of nurses Health First Aid medical facilities and staff as required to meet the legal by art. 478 and 479 of the labor code. requirements. Oct-19 Occupational Safety and Health Services and Free annual medical checks was not Provide annual medical CODEVI administration works on this Health First Aid provided to workers. checks for all workers. issue together with the health department so that the medical check- ups are done to all workers. [page 78] 78 Oct-19 Occupational Safety and Health Services and Free health checks was not provided Provide medical checks to Management shared a list of 278 Health First Aid to workers exposed to work-related workers exposed to work workers who are supposed to receive hazards. related hazards twice a year. special medical checks related to hazards. However, this list only state 274 spirometry and 4 audiometry's. Oct-19 Occupational Safety and Health Services and Health checks was not provided to Provide medical checks within CODEVI administration works on this Health First Aid workers within the first three months the first three months of hiring issue together with the health of hiring. for all new workers. department so that the medical check- ups are done to all workers. Oct-19 Occupational Safety and Welfare Facilities Eating area is not adequate to Increase the eating areas We have different lunch times to Health accommodate the entire workforce. available for workers. prevent people from having places to sit and eat. Oct-19 Occupational Safety and Welfare Facilities Insufficient number of Toilets. Increase the number of toilets The management is creating a plan to Health to meet the legal solve the problem. requirements. Oct-19 Occupational Safety and Worker Protection Assessors observed missing hazard Install proper hazard signs on Proper hazard signs have been posted Health signs on electrical panels in 2 allthe electrical panels. in the electrical panels. buildings. Management said that signs are available and will be posted as soon as possible. Oct-19 Occupational Safety and Emergency The escape route need to be clearly Post updated evacuation Evacuation plan updated and properly Health Preparedness marked and the evacuation map is plans for all buildings. posted. outdated. Oct-19 Occupational Safety and Emergency During the factory tour EAs, noticed Keep all emergency exits and It has been reduced the aisles Health Preparedness aisles obstructed with fabrics in aisles unobstructed and easily obstructed and the process will be several buildings. accessible. monitored. Educate the employee's about 5's. Oct-19 Occupational Safety and Chemicals and MSDSs are not available in local Keep chemical safety data AM2 put all MSDS in local language Health Hazardous Substances language for all chemicals used in the sheets for all hazardous available at the different areas. workplace. chemicals used in the workplace. Ensure that MSDS are in local language and posted in all areas where these substances are used or stored in the workplace. Oct-19 Occupational Safety and Worker Protection The factory did not provide Provide all required PPESs in Management have an action plan Health appropriate PPE to all workers. all buildings. together with human resources for Educate about the properly employees to use PPE. use and the importance of Proper masks were provided for spot using PPE. cleaning workers. [page 79] 79 Oct-19 Occupational Safety and Chemicals and Chemical and hazardous substances Ensure that all chemicals and Labels corresponding to the chemical Health Hazardous Substances are not properly labelled. hazardous substances used in containers were placed. the workplace are properly labelled. Oct-19 Occupational Safety and Emergency Fire extinguishers were not properly Ensure that all fire Internal audits are carried out on a Health Preparedness maintained. extinguishers are properly monthly basis to ensure all maintained and unobstructed. extinguishers are in proper conditions. À certified external company inspect fire extinguishers also on à monthly basis. [page 80] 80 BETTER WORK HAITIAI - 23+A1:G74RD SYNTHESIS REPORT Factory: Centri Group S.A. 4 Location: Arrondissement de Port-au-Prince Number of workers: A7 Date of registration: Oct-18 Date of last two Better Jul-19 Feb-21 Work assessments: Advisory and Training Services 26-Nov-21 Virtual advisory meeting Virtual meeting with the OSH committee on how to better prevent accidents at work. Virtual OSH tour on emergency preparedness and chemical management. Meeting with the compliance team to validate pending issues on the improvement plan and review the payment upon termination. Provide guidance on how to resolve industrial conflicts. 15-Oct-21 Virtual advisory meeting Virtual meeting with the OSH committee on COVID 19 and implementation of the bipartite committee. Meeting with union leaders on general OSH issues and the work stoppage. Meeting with the HR Manager to review the last payroll. 6-Aug-21 Training Virtual training on emergency preparedness 6-Aug-21 Virtual advisory meeting Virtual OSH tour on Emergency preparedness, chemical management and PPE. Meeting with the compliance team to review the improvement plan and Payroll records. 10-Jun-21 Virtual advisory meeting Meeting with the OSH committee to follow up on COVID-19 protocol and emergency preparedness. Virtual OSH tour to verify Chemicals management and labelling. Document review: Disciplinary measure. Review and update the improvement plan and complete the first Progress report. 5-May-21 Virtual advisory meeting Virtual meeting to review the OSH policy and establish OSH priorities. Meeting with the compliance team to review the improvement plan. Present the Matrix of key OSH responsibilities. Documents review: Internal work rules and FOA policy. 7-Apr-21 Virtual advisory meeting To present the assessment result and discuss about the training needs with the bipartite committee. Meeting with the compliance team to review the last assessment report and identify the root causes. Short training session on the first progress Report. 5-Mar-21 Training Virtual Industry Seminar on ILO Conventions 87 and 98. 14-Oct-20 Virtual advisory meeting Virtual Advisory to review & discuss termination payment calculations [ boni, conge, pre-avis] on files over the last 90 days. DETAILS OF NON IMPROVEMENT ASSESSMENT COMPLIANCE CLUSTER COMPLIANCE POINT COMPLIANCE PRIORITIES REMEDIATION EFFORTS MONTHS Assessment February 2021 Feb-21 Occupational Safety and Worker Protection The factory check all workers Assign someone to A check list has been created to 13 Health and visitors body update the registry and register worker with temperature temperature upon entry but Keep records of over 38 degree C. does not keep a registry for temperature of 38 C and all persons who present a above. temperature of 38C and above. [page 81] 81 Feb-21 Occupational Safety and OSH Management The factory does not have a Implement a checklist to A checklist has been implemented 13 Health Systems checklist to record the daily records the daily cleaning. by the factory. cleaning and disinfection of the workplace and it is not included in the COVID protocol of the factans Feb-21 Occupational Safety and OSH Management The factory does not have an Review and update the The compliance team reviewed the 13 Health Systems appropriate COVID-19 Procedure. COVID-19 protocol to comply with epidemic/pandemic the suggestions. protocol related to COVID-19 in place. Feb-21 Occupational Safety and Worker Protection The batteries terminals in the Train workers on electrical Insulation cover has been installed 9 Health generator room were not hazards. on the battery terminals. The daily covered. Install insulation cover. checklist has been updated. Feb-21 Occupational Safety and Worker Protection Workers who are working at Provide employees with The Stock keeper is in charge of S} Health heights do not have PPE. As all necessary personal providing and renewing the PPESs. well most workers do not use protective clothing and their masks to prevent the equipment according to risks of exposure to PPE regulation. COVID-19. Feb-21 Occupational Safety and Welfare Facilities The water test results Request information from The factory management decided 9 Health revealed the presence of the supplier on the to have another supplier. The colonies after 48 hours upto specifications and Compliance manager is in charge of 65/mil. Provide safe drinking the monthly water test. water to workers. Feb-21 Occupational Safety and Welfare Facilities Insufficient number of Increase the number of 28 Health Toilets. toilets. Feb-21 Occupational Safety and OSH Management The factory does not record Assigns someone to The work related accidents are sent 9 Health Systems and submit work related records and submit work to OFATMA each month starting accidents to OFATMA on a related accidents on a from march 2021. monthly basis. monthly basis. Feb-21 Occupational Safety and Health Services and Less than 10 percent of the Provide additional training Additional training has been S} Health First Aid workforce trained in first aid. on first aid. conducted. Feb-21 Occupational Safety and Health Services and Two first aids boxes are Equip the first aid boxes The first aid Boxes has been 9 Health First Aid missing supplies. and define who is equipped. The Compliance manager responsible to check is in charge of the verification on a them. Have a daily- daily basis. weekly check list. [page 82] 82 Feb-21 Occupational Safety and Health Services and Onsite medical facilities and Hire the required medical 28 Health First Aid staff is insufficient. staff. Feb-21 Occupational Safety and Health Services and Annual medical checks are Provide health checks at The health cards has been paid for 28 Health First Aid not provide to all workers. not cost for workers. the fiscal year 2019-2020. OFATMA came on February 2021 for the medical check. Feb-21 Occupational Safety and Health Services and The factory did not show Provide health checks The Medical check has been 28 Health First Aid evidence of medical checks twice a year at not costto conducted on February 2021. The for workers who are exposed workers who are exposed Next medical check is scheduled for to work-related hazards. to work-related hazards. August 2021. Feb-21 Occupational Safety and Health Services and Management did not share Pay the CDS and provide The Payment for the fiscal year 28 Health First Aid evidence that medical checks free health checks to 2020-2021 has been done. were provided to workers in workers. their first three months of hiring. Feb-21 Occupational Safety and Emergency The last fire drill was Conduct at least 2 2 emergency drill has been S} Health Preparedness conducted in July 2020, and emergency drill per conducted for the past 12 months. the one before that, in calendar year every 6 November 2019 months Feb-21 Occupational Safety and Emergency Evacuation routes is Provide more trainings to A training has been prepared to 28 Health Preparedness obstructed during working worker and provide remind the importance of having hours. additional space for the routes free of obstruction. storage Feb-21 Occupational Safety and Emergency The escape routes are not Update the evacuation The evacuation arrows has been S} Health Preparedness clearly marked. The meeting map. Then Paint painted. Yellow line has been point need to be relocated evacuation arrows and painted to show exit path way. and the evacuation plans signs on the factory floor. should be updated to accurately reflect the layout Aftha huildine Feb-21 Occupational Safety and Emergency one fire extinguisher was Provide adequate A daily checklist has been 9 Health Preparedness undercharged in the forklift firefighting equipment. implemented to verify the condition machine. of the equipment. Feb-21 Occupational Safety and Emergency Fire detection and alarm Have a fire detection and The Alarm system has been verified ] Health Preparedness system is not synchronized. alarm system suitable for and is working well. A weekly check the factory conditions. list has been implemented for the verification Feb-21 Occupational Safety and Chemicals and The eyewash station was not Provide eye washing Two eye wash stations have been 28 Health Hazardous available in the mechanic station or eye wash installed. Substances shop bottles where chemicals where chemicals are used are used [page 83] 83 Feb-21 Occupational Safety and Chemicals and MSDS are not available for all Prepare and post MSDS The MSDS have been translated and 28 Health Hazardous chemical and hazardous where chemicals are used. posted. Substances substances used in the workplace. Feb-21 Occupational Safety and Chemicals and Chermnicals and hazardous Label all chemical and All containers in use have been 28 Health Hazardous substances were not properly hazardous substances labeled. Substances labelled in the workplace. used in the workplace are. Feb-21 Contract and Human Employment The factory has an internal Include the break time The update has been done in the O] Resources Contracts work rules approved by the and payroll time in the Internal work rules. Ministry of Labor. However, internal work rules. the break time and payroll time, are not included in the internal work rules. Feb-21 Contract and Human Employment The factory's internal security Have an agreement with The factory has an agreement with 9 Resources Contracts officer did not receive the the workers and request the internal security agent to receive entire annual leave after one authorization from MAST. their Annual leave in a different year of service. period. Feb-21 Compensation Social Security and The factory did not provide Discuss legal requirement The factory is affiliated with 9 Other Benefits proof of salary statements with the company General OFATMA for accident insurance and to OFATMA for the Manager. Ensure that made the payments for the fiscal payment of the fiscal year payment is made in a year 2020-2021. 2020-2021 work related timely manner accident insurance. Assessment July 2019 Jul-19 Occupational Safety and OSH Management The factory check all workers’ Provide registry for all Health Systems and visitors’ body persons who present a temperature upon entry temperature of 38C and however it does not keep a above. registry for all persons who present a temperature of ZAC an A shava Jul-19 Occupational Safety and OSH Management Factory did not provide Provide content, date and Health Systems training documentation participant list of COVID- and/or awareness on the 19 training conducted by measures adopted to the factory during the prevent the risks of exposure pandemic. to COVID 19 to all staff. Jul-19 Occupational Safety and OSH Management The factory does not have a Implement a checklist to Health Systems checklist to record the daily records the daily cleaning. cleaning and disinfection of the workplace and it is not include in the COVID protocol of the factory. [page 84] 84 Jul-19 Occupational Safety and Emergency Insufficient number of Conduct fire fighting Training was done on November 29, Health Preparedness workers trained in fire training for 10% of the 2019 fighting. workforce. Jul-19 Occupational Safety and Emergency At the time of factory tour, Ensure that escape routes Health Preparedness assessors observed thatthe are not obstructed. escape route were obstructed by an inspection table. Jul-19 Occupational Safety and Emergency Although the factories have Ensure that number of The factory has contracted a Health Preparedness enough fire extinguishers, fire extinguishers is company who is in charge of the assessors observed that 5 sufficient and are monthly service of the fire extinguishers were not properly charged extinguishers. properly charged (2 missing pressure and 3 overcharged), 1 fire extinguisher is missing on the floor. Jul-19 Occupational Safety and Health Services and The factory provides first aid Ensure that 10% of the Training was done on November 29, Health First Aid training. However, the total workforce are trained in 2019 number of workers trained in FIRST AID. first aid is less 10 percent of the workforce as recommended by Better Mar Jul-19 Occupational Safety and Health Services and Insufficient medical staff. Have a permanent onsite Health First Aid medical service with at least 2 nurses. Jul-19 Occupational Safety and Health Services and Management did not share Coordinate with OFATMA The factory paid OFATMA for work Health First Aid evidence that annual medical to conduct medical related accident and is therefore checks were provided to checks annually for responsible for medical checks. workers. workers. Jul-19 Occupational Safety and Health Services and Management did not share Provide medical checks to The factory paid OFATMA for work Health First Aid evidence that medical checks workers exposed to work related accident and is therefore were provided to workers related hazards as responsible for medical checks. exposed to work related prescribed in the labor hazards. code. Jul-19 Occupational Safety and Health Services and Management did not share Provide medical checks to The Factory paid OFATMA for work Health First Aid evidence that medical checks workers in their first three related accident and is therefore were provided to workers in months of hiring responsible for medical checks. their first three months of hiring. Jul-19 Occupational Safety and Welfare Facilities At the time of the Ensure soap and paper Health assessment, soap was not are available in the all the available in the men'stoilet. toilets. [page 85] 85 Jul-19 Occupational Safety and Welfare Facilities Insufficient number of toilet. Build additional toilets to The factory has built additional Health meet the required amount toilets to meet the requirement. of toilets for men and women. Jul-19 Occupational Safety and Working The light levels are Increase the luminosity in The pressing section has been Health Environment insufficient. the pressing area. relocated. Jul-19 Occupational Safety and Worker Protection Hazard signs was missing on Identify all the Electrical The hazard signs on the electrical Health electrical panel in the panel panel have been posted. generator room and mechanic room. Jul-19 Occupational Safety and Worker Protection Electrical wires are not Ensure circuit breakers, The factory has reinforced the Health properly maintained. wires and boxes are internal OSH audit. adequately covered. Jul-19 Occupational Safety and Worker Protection The factory did not share Ensure availability of PPE The trainings on PPE has been Health records of any training for for workers as necessary. conducted by the factory. workers on proper use of Conduct and document personal protective training delivered equipment. internally by the factory on provided PPE. Jul-19 Occupational Safety and Chemicals and Eye wash station is not Ensure installation of the The new eyewash has been installed Health Hazardous available where chemicals eye wash and provide and all the employees working in Substances are used. training on proper the cleaning station received the utilization. training on proper utilization. Jul-19 Occupational Safety and Chemicals and Evidence of training on Insure that we have the Training on chemical management Health Hazardous chemical was not available. proof that all the has been conducted. Substances employees using the chemical product are trained. Jul-19 Occupational Safety and Chemicals and MSDS are not available for all Prepare and post MSDS The MSDS have been translated and Health Hazardous chemical and hazardous where chemicals are used. posted. Substances substances used in the workplace. Jul-19 Occupational Safety and Chemicals and The propane Gas tank onthe Identify the propane Gas The Propane Gas Tank has been Health Hazardous forklift machine had no tank in the Forklift properly labelled. Substances labeling indicating chemical machine classification, hazards and safety precautions. Jul-19 Occupational Safety and Chemicals and The inventory of chemical is Include all the products in The factory kept a monitoring Health Hazardous incomplete. the inventory and specify systems in place. Substances the location where chemicals are stored in the factory. [page 86] 86 Jul-19 Occupational Safety and OSH Management The factory does not record Continuously send the On a monthly basis the factory send Health Systems and submit work related report to the OFATMA. the report to Obama. accidents to OFATMA on a monthly basis. Jul-19 Occupational Safety and OSH Management The employer did not Conduct regular meetings The factory identify the bipartite Health Systems perform an evaluation of With the committee and members who will be representing general occupational safety keep records of the the management of the company. and health issues in the minutes workplace. Jul-19 Occupational Safety and OSH Management The employer did not Put in place a Compliance The factory has recruited a health Health Systems perform an evaluation of department and safety officer and also we have general occupational safety to conduct the OSH self now a HR and compliance Director and health issues in the assessment. Who are both performing self workplace. assessment. Jul-19 Contract and Human Dialogue, Discipline No documents were shared keep written records of factory keep written records of each Resources and Disputes to support the disciplinary each worker's disciplinary worker's disciplinary sanctions, sanctions or firing. Such sanctions, warnings, warnings, sanctions and the reasons document does not exist yet. sanctions and the reasons and dates they occurred. and dates they occurred. Jul-19 Contract and Human Employment Although the written Ensure all elements of The factory has inspected sample of Resources Contracts contracts specify the terms contracts are included 30 contracts. All elements are and conditions of and signed (D, signatures, included. employment. Several were hours of works, nature of not signed by the workers work etc.) and were missing other specifications such as workers ID and employer's representative signature. Jul-19 Compensation Social Security and Payroll records and workers Ensure that workers are 246 WORKERS ARE NOW Other Benefits list sent to OFATMA revealed enrolled as required within REGISTERED. Factory performs that the employer does the limits of the 3 registration after probation. lts an register 63 out of 382 months. ongoing process. management staff and production workers for maternity and health insurance. Jul-19 Compensation Social Security and Payroll records and workers Ensure registration of FACTORY enrolled workers as they Other Benefits list sent to OFATMA revealed workers into OFATMA for complete their probation period. that the employer does maternity and health register 63 out of 382 insurance based on management staff and agreed upon date in the production workers for factory internal working maternity and health rules. [page 87] 87 Jul-19 Compensation Social Security and The factory contribute 3% of Honor Timely Payments The factory has paid the total Other Benefits workers’ salary to OFATMA to OFATMA according to amount Requested by OFATMA. for work related accident. installment agreements. However, only the payment was made after the deadline nrecrrihed in the invnira Jul-19 Compensation Wage Information, The attendance sheets are 1. Pay overtime hours Use and Deduction manually reported by line worked with 50% The finger print system will be link supervisors. Consequently, premium as required to the payroll. the corresponding payments 2. Adopt a digital system may not reflect real working where workers can self hours. record times worked. Jul-19 Child Labour Documentation and Assessors did not see any 1. Confirm government The factory has changed the Protection of Young workers who appeared to be issued identification atthe recruitment policy to require ID at Workers underage. However, beginning of the the beginning of the process. employer failed to provide recruitment process for several workers, 2. Conduct monthly appropriate employment checks of random worker records with Government files to verify compliance. issued IDs indicating that workers were above the minimum age requirement. [page 88] 88 BETTER WORK HAITI - 23RD SYNTHESIS REPORT ., Factory: Caribbean Island Apparel Location Port-au-Prince Number of workers: 2839 Date of registration: Aug-13 Date of last two Better Mar-20 Nov-21 Work assessments: Advisory and Training Services 01-Oct-21 Advisory meeting Discussion with management on ONA and OFATMA payment status. Discussion was also on the impact of fuel shortage on factory activities. O1-Sep-21 Advisory meeting Discussion with management on improvement plan and Factory updates. Meeting with PICC members on different concerns. 25-May-21 Advisory meeting Meeting with management to discus the status of issues in the improvement plan and preventive measures against Covid 19. Bipartite meeting to address worker's concerns about Covid 19. 22-Apr-21 Training Sexual Harassment Awareness and Prevention 26-Jan-21 Advisory meeting Meeting with management and bipartite committee to review the factory's performance for 2020, advisory plan for 2021, priorities and perspectives. 07-Oct-20 Advisory meeting Meeting to discuss social security payments, worker terminations and training on the handling of chemical products. DETAILS OF NON ASSESSMENT COMPLIANCE CLUSTER COMPLIANCE POINT COMPLIANCE IMPROVEMENT PRIORITIES REMEDIATION EFFORTS MONTHS Assessment November 2021 Nov-21 Occupational Safety and Emergency Obstructed aisles in building 14 of Keep aisles free of any obstruction. Health Preparedness the factory. Nov-21 Occupational Safety and Emergency Unmarked escape routes. Mark all evacuation routes. 25 Health Preparedness Nov-21 Occupational Safety and Health Services and No first aid boxes available in Install at least one first aid box in each Health First Aid building where workers are present. Building. Nov-21 Occupational Safety and Health Services and Insufficient doctor's visit. Have a permanent onsite medical Health First Aid service, with at least 3 doctor's visits per week. Nov-21 Occupational Safety and Welfare Facilities Insufficient toilets for women and Provide adequate number of toilets for 32 Health men. men and women. Nov-21 Occupational Safety and Working Environment Insufficient level of lighting. Ensure adequate light levels in all 32 Health production areas. Nov-21 Occupational Safety and Working Environment Inadequate temperature levels. Keep temperature at an acceptable 39 Health level in all production areas. Nov-21 Occupational Safety and Chemicals and Spot cleaning section where Isolate the use of chemicals in the 25 Health Hazardous Substances chemical products are used, is too workplace. close to the sewing section. Nov-21 Occupational Safety and Chemicals and The chemical inventory was not Update the chemical inventory Health Hazardous Substances accurate and did not include all accordingly. chemicals used in the workplace. [page 89] 89 Nov-21 Contracts and Human Employment Contracts The factory's internal work rules Edit the internal work rules and add Resources does not include the payroll date payroll date and time. and time. Nov-21 Contracts and Human Employment Contracts Payment notice upon termination Pay the lunch break and include it in 25 Resources does not include lunch break the calculation of all payments. payment. Nov-21 Compensation Social Security and The calculation for annual salary Pay the lunch break and include it in Other Benefits supplement or bonus does not the calculation of all payments. include the lunch break payment. Nov-21 Compensation Social Security and Employer contribution to OFATMA Pay OFATMA on time and payment 25 Other Benefits is based on the minimum salary should be based on basic salary and does not include the lunch including the lunch break payment. break payment. Nov-21 Compensation Social Security and Workers' contribution to OFATMA Pay OFATMA on time and payment 25 Other Benefits is based on the minimum salary should be based on basic salary and does not include the lunch including the lunch break payment. break payment. Nov-21 Compensation Social Security and The employer pays OFATMA 2 Pay 3 percent of workers’ salary to 19 Other Benefits percent of the estimated salary for OFATMA for accident insurance. the fiscal year instead of 3 percent as prescribed by law. Nov-21 Compensation Social Security and Late and inaccurate payment for Pay ONA on time and payment 31 Other Benefits worker's contributions to ONA. should be based on basic salary including the lunch break payment. Nov-21 Compensation Social Security and Late and inaccurate payment for Pay ONA on time and payment 31 Other Benefits employer contributions to ONA. should be based on basic salary including the lunch break payment. Nov-21 Compensation Paid Leave Incorrect payment for annual leave, Pay the lunch break and include it in Sick leave and maternity leave. the calculation for all payments. Nov-21 Compensation Paid Leave Lunch break is not compensated. Pay the lunch break and include it in the calculation for all payments. Nov-21 Compensation Paid Leave Maternity leave payment does not Pay the lunch break and include it in include the lunch break payment. the calculation for all payments. Nov-21 Compensation Paid Leave Sick leave payment does not Pay the lunch break and include it in include the lunch break payment. the calculation for all payments. Nov-21 Compensation Paid Leave Annual leave payment does not Pay the lunch break and include it in 38 include the lunch break payment. the calculation for all payments. [page 90] 30 Assessment March 2020-October 2020 Oct-20 Occupational Safety and OSH Management The factory does not keep a Keep registry for all persons who Health Systems registry for all persons who present present a temperature above 38 C. a temperature of 38C and above. Oct-20 Occupational Safety and OSH Management Incomplete COVID-19 protocol Keep a registry of body temperatures Health Systems according to Bette work Haïti above 38 C. guidance. Oct-20 Occupational Safety and Worker Protection Internal training records of on Share training records with BWH Health COVID-19 was not available. advisors. Mar-20 Occupational Safety and Emergency Flammable material observed near Do not keep flammable materials Flammable materials are now Health Preparedness ignition source. (wood) are not exposed to anignition kept away from ignition sources. source (light bulb). Mar-20 Occupational Safety and Emergency One emergency door was locked. Ensure adequate emergency exits (at Health Preparedness least two), that leads to a safe meeting point. Mar-20 Occupational Safety and Emergency Escape route was not properly Mark all evacuation routes and show Health Preparedness marked. meeting points on all evacuation maps. Mar-20 Occupational Safety and Emergency Undercharged fire extinguishers. Keep all fire extinguishers fully charged Fire extinguishers are fully Health Preparedness at all times. charged as per inspection report. Mar-20 Occupational Safety and Welfare Facilities Insufficient number of toilets as Have 50 functioning toilets for men Health per labour code. and 72 functioning toilets for women as required by the code. Mar-20 Occupational Safety and Working Environment Insufficient level of lighting. Ensure adequate light levels in all Health production areas based on better- work guidelines. Mar-20 Occupational Safety and Working Environment Inadequate temperature levels. Ensure adequate temperatures based Health on BW guidelines considering various push & pull systems. Mar-20 Occupational Safety and Worker Protection Flammable material observed near Replace the wooden box with non Box was replaced as Health ignition source. combustible materials. recommended. Mar-20 Occupational Safety and Worker Protection Missing guard on some sewing Install all the required safety guards. Missing guards were replaced. Health machines. Mar-20 Occupational Safety and Chemicals and Use of chemicals are not isolated Ensure adequate distance between Factory is working on separators Health Hazardous Substances very close to the spot cleaning the sewing section and spot cleaning for that section. The number of area. areas. machines & workers are reduced in that area due to COVID-19. [page 91] 91 Mar-20 Contracts and Human Termination Notice payment not properly Notice payment given to the workers Resources calculated. upon termination should be calculated on the average daily earning, Mar-20 Compensation Social Security and Social Security contributions Ensure that OFATMA maternity and Factory deducts 3% of workers" Other Benefits amount not properly calculated. health insurance contributions for base salary for OFATMA workers on any given month is maternity and health insurance. calculated on 3% of base salary for that month. Mar-20 Compensation Social Security and Late payment for OFATMA Ensure that OFATMA accident Factory currently pay OFATMA Other Benefits accident insurance. insurance is paid as per the invoice or accident insurance according to according to any payment agreement payment agreement. reached: Mar-20 Compensation Social Security and Late payment for employers ONA Pay employer's contributions to ONA Other Benefits contributions. by the 10th business day of the next month for the previous month. Mar-20 Compensation Social Security and Late payment for workers ONA Submit worker's portion of ONA Other Benefits contributions. contributions within the first 10 business days of the next month for the previous month. Mar-20 Compensation Paid Leave Lunch break no compensated Compensate lunch break as required according to the law. by the law of September 2017. [page 92] 92 BETTER WORK HAITI - 23RD SYNTHESIS REPORT . Factory: Cleveland Manufacturing S.A. Location: Arrondissement de Port-au-Prince Number of workers: 1969 Date of registration: Jul-16 Date of last two Better Feb-20 Nov-21 Work assessments: Advisory and Training Services 22-Oct-21 Advisory meeting Virtual OSH tour: Emergency preparedness, chemical management systems, personal protective equipment. Meeting with breastfeeding and pregnant women. Documentations review: Payroll, training records, HR management systems. 5-Aug-21 Training Virtual training on HIV/AIDS. 6-Jul-21 Advisory meeting Virtual OSH Tour: Emergency preparedness, chemical management. Meeting with Union representative on freedom of association. Meeting with the compliance team to verify the improvement plan and follow up on Social Security issues. 18-Jun-21 Training Virtual training on Emergency Preparedness. 7-May-21 Training Virtual training on Workplace Cooperation & Communication. 6-May-21 Training Virtual training on Sexual Harassment Awareness and Prevention . 5-May-21 Training Virtual training on Covid-19 Emergency Preparedness. 28-Apr-21 Training Virtual OSH Event workshop. 26-Apr-21 Advisory meeting Virtual meeting with the compliance team to review the improvement plan. Document review: COVID-19 policy, accident investigation, risk assessment. Virtual OSH tour on emergency preparedness and meeting with the OSH committee. 5-Mar-21 Training Virtual Industry Seminar on ILO Conventions 87 and 98. A4-Mar-21 Training Virtual Webinar on Covid-19 Human Resources Management (HRM). 3-Mar-21 Training Virtual training on Covid-19 Emergency Preparedness. 22-Jan-21 Advisory meeting Virtual meeting with the compliance team to review the improvement plan: Compensation, working environment, health services, COVID 19 policy. Meeting with the OSH committee to discuss the objective of the committee and some possible roles. 6-Nov-20 Advisory meeting Virtual meeting with HR to review payment upon terminations, breaks for pregnant women and breastfeeding women, validate pending issues on the Improvement Plan. Virtual tour to verify OSH issues. REMEDIATION ASSESSMENT COMPLIANCE CLUSTER COMPLIANCE POINT DETAILS OF NON COMPLIANCE IMPROVEMENT PRIORITIES EFFORTS MONTHS Assessment November 2021 Nov-21 Working Time Leave Workers received 12 days of annual Provide 15 days of annual leave to 1 leave instead of the 15 days as workers after one year of service. prescribed by law. Nov-21 Working Time Regular Hours The hours worked on Sunday are not Ensure that all working hours are 1 computed nor displayed in the displayed in the payroll. payroll. [page 93] 93 Nov-21 Working Time Regular Hours The regular working hours are from Revise the internal regulations 1 7:00 AM to 4:00 PM (including a 1 and make sure that the regular hour daily break), (6) days per week, hours do not exceed 48 hours per which is equivalent to 9 hours per day week. and 54 hours per week. Nov-21 Occupational Safety and Emergency Preparedness Source of ignition not properly Provide additional training to 57 Health safeguarded. workers on electrical hazards. Display picture of electrical hazards on the floor. Nov-21 Occupational Safety and Emergency Preparedness Obstructed exit doors and escape Remind supervisors about their 21 Health routes. responsibility to enforce OSH in their area. Review and update the internal audit procedure. Nov-21 Occupational Safety and Emergency Preparedness Escape routes not clearly marked in Paint evacuation arrows and 21 Health one building. yellow lines on the floor to show the exit pathway. Specify who conducts additional daily/weekly checks. Nov-21 Occupational Safety and Emergency Preparedness Two fire extinguishers were Set up additional workshop for 42 Health obstructed and not readily accessible. workers. Review and update the internal audit procedure. Nov-21 Occupational Safety and Health Services and First Insufficient medical staff. Hire additional medical staff to 21 Health Aid have at least 10 nurses for the current workforce. Nov-21 Occupational Safety and Health Services and First Workers did not received an annual Discuss the legal requirements 57 Health Aid health check performed by OFTAMA with the General Manager as prescribed by law. Pay the health cards. Provide free annual health checks to all workers. Nov-21 Occupational Safety and Health Services and First Newly hired workers have not Pay the health cards. keep record 21 Health Aid received the health cards nor a free of the invoice received from health check within the first 3 month OFATMA for work related of hiring. accident. Ensure that workers received the health cards within the first 3 month of hiring. Nov-21 Occupational Safety and Welfare Facilities Insufficient number of toilets. Increase the number of toilet to 21 Health have at least one toilet for every 25 men and one toilet for every 15 women. [page 94] 94 Nov-21 Occupational Safety and Working Environment Workplace is not kept free of dust and Have in place a housekeeping 1 Health used material are scattered around. plan. Nov-21 Occupational Safety and Working Environment Light level is insufficient in several Increase the light level to reach 1 Health sections. 300 lux in Pressing section, 500 lux in Sewing, cutting, packing. 750 lux in trimming, Inspection section. Nov-21 Occupational Safety and Working Environment Workplace temperature exceed 30 C Increase the ventilation with 57 Health in all buildings. additional fans. Conduct regular measurement of temperature & compare with threshold value. Nov-21 Occupational Safety and Worker Protection Improper maintenance of electrical Display picture of electrical 57 Health Wiring system. hazards. Include this aspects in the daily and weekly checks. Perform regular maintenance of electrical system. Nov-21 Occupational Safety and Chemicals and Hazardous The spot cleaning area, where Review and update the internal 1 Health Substances chemicals are used, does not have an audit procedure. Install an eye adequate eye wash station. wash station near the spot cleaning area. Nov-21 Occupational Safety and Chemicals and Hazardous Unlabeled containers of chemical and Provide additional training for 57 Health Substances hazardous substances found in the workers and supervisors. Review workplace. and update the internal audit procedure. Label all containers. Nov-21 Contracts and Human Termination The payment calculation for the Pay the lunch break and include 1 Resources annual bonus does not include the the payment in the average salary. lunch break payment. Nov-21 Contracts and Human Termination The payment for unused paid annual Pay the lunch break and include 1 Resources leave upon termination does not the payment in the average salary. include the lunch break payment. Nov-21 Contracts and Human Termination The payment for the applicable notice Pay the lunch break and include 1 Resources period does not include the lunch the payment in the calculation of break payment. the notice period. Nov-21 Contracts and Human Employment Contracts Several workers did not receive à copy Provide a contract to all 21 Resources of the contract. employees. [page 95] 95 Nov-21 Compensation Social Security and Other The payment calculation for the Pay the lunch break and include 1 Benefits annual salary supplement or bonus the payment in the annual salary does not include the lunch break supplement or bonus. payment. Nov-21 Compensation Social Security and Other The factory collects less than 3 Pay the lunch break and Forward 57 Benefits percent of the workers’ basic salary for worker's contribution to OFATMA workers contributions. Furthermore, it within the first 10 business days does not forward the contribution to of the next month for the OFATMA for maternity and health previous month. insurance on time. Nov-21 Compensation Social Security and Other Factory started to pay the employer's Pay the lunch break and Forward 57 Benefits contribution to OFATMA for maternity employer contribution to and health. However, at the time of OFATMA within the first 10 the assessment visit, only one business days of the next month payment had been made on for the previous month. September 2021 for the month of August 2021. Nov-21 Compensation Social Security and Other The factory did not share the initial Keep records of the invoice 57 Benefits invoice that could allow the assessors received from OFATMA. Pay to check if these amounts correspond OFATMA work related accident on to the amount to be paid for the fiscal time. year 2020-2021 and if the payment was finalized. Nov-21 Occupational Safety and Social Security and Other The employer does not forward the Pay the lunch break and Forward 57 Health Benefits collected contribution to ONA on a workers contribution to ONA monthly basis. Within the first 10 business days of the next month for the previous month. Nov-21 Occupational Safety and Social Security and Other The employer contribution to ONA is Pay the lunch break and Forward 57 Health Benefits not calculated on workers’ average employer contribution to ONA salary and does not include the lunch within the first 10 business days break payment. of the next month for the previous month. Nov-21 Compensation Paid Leave The factory did not pay annual leave, Pay the lunch break and include it 1 Sick leave, maternity leave and the in the calculation of annual leave, daily break correctly. sick leave, maternity leave. Nov-21 Compensation Paid Leave The lunch break is not compensated Pay the lunch break. 1 in the payroll. [page 96] 96 Nov-21 Compensation Paid Leave Workers received 6 weeks of Discuss legal requirements with 1 maternity leave payments instead of the General Manager. Pay the the 12 weeks prescribed by the law. lunch break and include the it in the calculation of the maternity leave navment Nov-21 Compensation Paid Leave Sick leave payments are based on Discuss legal requirements with 1 average daily earnings. However, the the General Manager. Pay the calculation does not include the lunch lunch break and include it in the break payment. calculation of sick leave. Nov-21 Compensation Paid Leave The daily break is not compensated Discuss legal requirements with 1 and not included in the calculation of the General Manager the annual leave payment. Pay the lunch break and include it in the calculation of annual leave. Assessment October 2020-February 2020 Oct-20 Occupational Safety and OSH Management Systems The factory does not have an Review the COVID 19 protocol to Factory has participated Health appropriate epidemic/pandemic include the missing points. in the review of the protocol related to COVID 19 in place management guidelines embedded into the larger OSH policy. for COVID 19 and has started implementing the recommendations. Oct-20 Occupational Safety and Worker Protection Factory does not have appropriate Implement a checklist to record Factory says that regular Health checklist to monitor the cleaning and daily cleaning and disinfection. cleaning is done in the disinfection process related to COVID cafeteria also in the 19. sewing floor. Feb-20 Working Time Regular Hours There are three different working Post the factory's working hours A standard format has hours posted in the cafeteria andtwo for all shifts, and been displayed on the of them did not include the break including break times. notification board. The time. working hours are posted. Feb-20 Working Time Regular Hours The regular working hour in the Clarify the regular working hour in Working hours are internal work rules is different than the internal work rules. Inform posted on the what is posted on the floor. trade union members and production floor and in workers about the changes. the cafeteria. Union members have been informed. Feb-20 Occupational Safety and Emergency Preparedness One emergency exit was locked Keep emergency exits accessible Meeting and awareness Health during working hours. during working hours. raising with all managers including the OSH committee has been conducted. [page 97] 97 Feb-20 Occupational Safety and Emergency Preparedness Unmarked escape routes and Update and post the evacuation Health inaccurate evacuation plans. map. Paint the evacuation arrows and signs. Feb-20 Occupational Safety and Emergency Preparedness One fire extinguisher was obstructed Keep access to fire extinguishers The compliance Officer Health and another one not properly charged. unobstructed . Specify who is in charge to conduct conduct daily weekly checks. regular checks. The floor is marked in order to prevent fire extinguisher being obstructed. Feb-20 Occupational Safety and Health Services and First First aid boxes are missing supplies Equip the first aid boxes and First aid boxes have Health Aid or have expired inventory. ensure that they are identify. been equipped. The factory selected a nurse to conduct a regular check weekly and the compliance officer is in charge of the daily check. Feb-20 Occupational Safety and Health Services and First Insufficient medical staff. Hire the required medical staff. Health Aid Feb-20 Occupational Safety and Health Services and First Annual medical checks are not Provide free annual health checks Health checks are Health Aid provide to all workers. to all workers. provided to all workers . Feb-20 Occupational Safety and Health Services and First The factory did not show evidence of Provide health checks twice a year Health checks have been Health Aid medical checks for workers who are at not cost to workers who are provided to workers who exposed to work-related hazards. exposed to work-related hazards. are exposed to work- related hazards every six month. Feb-20 Occupational Safety and Health Services and First The medical checks upon hiring were Pay for the health cards for all Health Aid not performed for all workers . workers and provide them with medical checks within the first 3 months of hiring. Feb-20 Occupational Safety and Welfare Facilities Based on workers and Unions Provide safe drinking water to The water test was Health interviews, the employer did not workers. conducted and the result provide workers with safe drinking is displayed on the floor. water. Feb-20 Occupational Safety and Welfare Facilities Insufficient number of toilets. Increase the number of toilets. Health Feb-20 Occupational Safety and Working Environment Workplace temperature exceed BW Ensure that the air-flow to and The company is working Health recommended limit of 30 C in all from the fans is not blocked. on adding more exhaust section. Monitor workplace temperature fan. on a regular basis. [page 98] 98 Feb-20 Occupational Safety and Worker Protection The employer failed to post Identify electrical installations All electrical panels have Health appropriate safety warnings in the requiring warning signs. been identify with workplace. Warning signs. Feb-20 Occupational Safety and Emergency Preparedness Source of ignition not properly Train supervisors and workers Awareness raising is Health safeguarded. about electrical hazards. conducted through the audio system and Phone charging station has heen imnlemented Feb-20 Occupational Safety and Worker Protection Several machines are missing the Define who is in charge of The mechanic manager Health safety guards. installing and regularly is responsible for the maintaining the machine guards. maintenance and installation of machine guards. Feb-20 Occupational Safety and Worker Protection Several chairs without backrest are Provide chairs with proper Chairs with proper Health used in the sewing and cutting backrests to workers. backrest have been sections. provided to workers Feb-20 Occupational Safety and Worker Protection The employer did not provide Provide employees with all The company Provides Health employees with all necessary personal necessary personal protective PPE to all workers. protective clothing and equipment to clothing and equipment according workers working at height. to PPE regulation. Feb-20 Occupational Safety and Chemicals and Hazardous The employer did not take action to Improve maintenance of The factory has Health Substances assess, monitor, and/or limit workers’ machines to avoid spots. identified an appropriate exposure to hazardous chemicals and space for the spot substances. cleaning section. Feb-20 Occupational Safety and Chemicals and Hazardous MSDS are not available for all Prepare and post MSDS where The MSDS have been Health Substances chemical and hazardous substances chemicals are used. translated and posted. used in the workplace. Feb-20 Occupational Safety and Chemicals and Hazardous Chemicals and hazardous substances Label all chemical and hazardous All chemicals are Health Substances were not properly labelled in the substances used in the workplace properly labelled. workplace. are. Feb-20 Occupational Safety and OSH Management Systems Workers in the stock room did not Provide weight belts to workers. The factory has Health used the weight belts PPE for heavy Raise awareness of supervisors distributed protective lifting. and workers about lifting equipment and the equipment. workers acknowledged receipt. Feb-20 Contracts and Human Employment Contracts Workers do not understand the terms Provide full information to the Resources and conditions of employment. worker before the worker signs the contract. [page 99] 99 Feb-20 Contracts and Human Employment Contracts The employment contracts did not Revise the employment contract The Contract was revised Resources specify the terms and conditions of and specify the hours of work for and we specified the employment. workers. hours of work for workers. Feb-20 Compensation Social Security and Other The employer does not collect and Collect and forward workers Benefits forward workers contributions to contributions to OFATMA OFATMA. Feb-20 Compensation Social Security and Other The factory has not registered with Register with OFATMA for Benefits OFATMA for maternity and health maternity and health insurance. insurance. Feb-20 Compensation Social Security and Other No proof of payment for the fiscal Pay OFATMA for work related Benefits year 2019-2020 were available for accident insurance in a timely OFATMA work related accident. manner and keep proof of payment. Feb-20 Compensation Social Security and Other ONA's deduction collected on workers Calculate the amount of workers’ Benefits is based on the minimum salary and contribution on the base salary it is not forwarded on à monthly basis. and submit payments to ONA on time. Feb-20 Compensation Social Security and Other The employer contribution to ONA is Calculate the amount of the Benefits not calculated on the base salary. employer's contribution on the base salary and submit payments to ONA on time. Feb-20 Compensation Paid Leave Inaccurate payment for maternity Register with OFATMA for leave. maternity and health insurance. Feb-20 Compensation Wage Information, Use and Workers are not informed about wage Provide full information to Information about wage Deduction payments and deductions. workers about wage payments payments and and deductions. deductions are posted on the floor. [page 100] 100 BETTER WORK HAITI - 23RD SYNTHESIS REPORT Factory: Digneron Manufacturing SA Location: Arrondissement de Croix des Bouquets Number of workers: 1576 : Date of registration: Oct-18 Date of last two Better May-19 Feb-21 Work assessments: Advisory and Training Services 27-Oct-21 Training Virtual Webinar on Intercultural Communication in the Textile Industry. 9-Sep-21 Virtual advisory meeting Meeting with management to review the improvement plan. Meeting with committee on current security situation and its impact on the working conditions and ways to prevent absenteeism. T-Aug-21 Training Virtual Negotiation Skills. 30-Jul-21 Virtual advisory meeting Discussion with management on the improvement plan and remediation needed to complete the NC points. Recommendation made for improvements on social dialogue. 26-May-21 Virtual advisory meeting Virtual management meeting on the improvement plan. Factory to finalize the progress report. Virtual bipartite meeting to discuss workers’ concern regarding OFATMA and the second wave of COVIDI9. 22-Mar-21 Virtual advisory meeting Virtual advisory meeting with management on newly released improvement plan. Discussion on road map to identify priorities post evaluation. 5-Mar-21 Training Virtual Industry Seminar on ILO Conventions 87 and 98. 22-Jan-21 Virtual advisory meeting Virtual meeting with management on factory's improvement. Virtual meeting with bipartite committee on achievement and successes of bipartite committee. 15-Dec-20 Virtual advisory meeting Virtual meeting with management on 2020 performance and perspective for 2021. Virtual meeting with bipartite committee on 2020 successes and challenges. 25-Nov-20 Virtual advisory meeting Virtual meeting with management on factory's improvements. Virtual meeting with bipartite committee on achievement and successes of bipartite committee. 10-Sep-20 Virtual advisory meeting Virtual meeting with management on Compensation. Bipartite meeting on Self diagnosis. Meeting with trade union on social dialogue inside Digneron. 11-Sep-20 Training Virtual Hygiene and Prevention against Covid-19. ASSESSMENT COMPLIANCE CLUSTER COMPLIANCE POINT DETAILS OF NON COMPLIANCE IMPROVEMENT PRIORITIES REMEDIATION EFFORTS MONTHS Assessment February 2021 Feb-21 Compensation Method of Payment Salary payment made 5 days after the Pay workers’ salary on time. A new calendar has been 13 payday and also the payment is made established. The factory will very late on that day until 6pm. monitored the new system for effectiveness. [page 101] 101 Feb-21 Compensation Social Security and Employer's deduction to ONA is Pay within the first 10 business days The factory hired a firm to 35 Other Benefits consistently submitted late. of the next month for the previous complete this task of forwarding month. the payment to the competent authorities. The payments are made within the first 10 business days of the next month for the previous month. Feb-21 Compensation Social Security and Worker's deduction to ONA is Pay within the first 10 business days The payment is made within the 35 Other Benefits consistently submitted late. of the next month for the previous first 10 business days of the next month. month for the previous month. Factory has contracted an external firm to execute the payment on time. Feb-21 Compensation Social Security and Proof of payment for OFATMA accident Complete the payment for fiscal The factory has sent letter to 35 Other Benefits insurance is unavailable at the time of 2020-2021. Ensure that CDS is OFATMA asking for the invoice. the assessment visit. included in the invoice. Pay the health card. (CDS) Feb-21 Compensation Social Security and Employer's contribution for OFATMA Ensure that the monthly payment is Factory made the payment within 35 Other Benefits maternity and health payment is made within the 10 first working the 10 first working days of the consistently submitted late. days of the following month. following month. Factory has contracted an external firm to execute the payment on time. Feb-21 Compensation Social Security and Workers deduction to OFATMA is Ensure that the monthly payment is The payment is made within the 10 35 Other Benefits consistently submitted late. made within the 10 first working first working days of the following days of the following month. month. Feb-21 Contract and Human Employment Internal work rules are missing the Update the internal work rules to 12 Resources Contracts working hours. include the working hours. Feb-21 Occupational Safety and Chemicals and Several unlabeled chemicals found in Label all the chemical used in the All containers were properly label 35 Health Hazardous the workplace. factory. at the time of the assessment visit. Substances An awareness session was organized following the assessment visit with the workers using chemicals. Feb-21 Occupational Safety and Chemicals and The chemical storage room was inside Store the chemical in appropriate The chemical room has been 35 Health Hazardous the premise with no appropriate conditions. relocated outside the premises and Substances ventilation. the room is now properly ventilated surrounded by a fence wall. Feb-21 Occupational Safety and Worker Protection Electrical wires were not properly Ensure that electrical wires are The electrical wire was removed 35 Health installed in the cafeteria. safeguarded in the cafeteria. during the assessment visit. [page 102] 102 Feb-21 Occupational Safety and Worker Protection Two electrical panels were missing Place hazard signs on all electrical Management post warning signs BE) Health hazard signs. panels. on the electrical panels. Feb-21 Occupational Safety and Worker Protection Measures to ensure 1.5 meter of Ensure that 1.5 meter of distance is Audio spot are broadcasted on the 17 Health distance were not effectively respected on the production floor floor every 30 minutes on safety implemented. and during lunch break. measures regarding Covid-19. Disciplinary measures are taken when workers refuse to follow the safety measures. Feb-21 Occupational Safety and Worker Protection Factory does not keep a register for Keep a register for all people who 17 Health people who presented a temperature of present a temperature of 38 C and 38 C and above. above. Feb-21 Occupational Safety and Welfare Facilities Eating area cannot accommodate all Have an eating area facility that can 31 Health the workers. accommodate the workers with a social distance of 1.5 meters. Feb-21 Occupational Safety and Health Services and Factory does not provide a health Provide free health checks to 31 Health First Aid checks to workers within the first three workers within the first three months months of hiring. of hiring. Feb-21 Occupational Safety and Health Services and Factory does not provide health each to Ensure that workers exposed to 31 Health First Aid workers exposed to work -related work-related hazard receive a health hazard. check every 6 months. Feb-21 Occupational Safety and Health Services and Factory does not provide annual health Provide free health check to all 31 Health First Aid check to all the workers systematically. workers annually. Feb-21 Occupational Safety and Health Services and Insufficient number of nurses. Hire sufficient medical staff to 31 Health First Aid comply with the requirements of the labor code. Feb-21 Occupational Safety and Emergency Shipping area is missing a smoke Install a smoke detector in the 31 Health Preparedness detector. shipping area. Feb-21 Occupational Safety and Emergency Some fire extinguishers are missingthe Ensure that all fire extinguishers All fire extinguishers have their 31 Health Preparedness inspection tag. have an inspection tag that indicates inspection tag and are properly the inspection dates. maintained. Feb-21 Occupational Safety and Emergency The evacuation plan reflected the Update the evacuation map to The shipping area floor is properly 31 Health Preparedness previous floor layout. reflect the current floor layout. marked. Ensure that the shipping area is properly marked. [page 103] 103 Feb-21 Occupational Safety and Emergency Escape routes blocked by equipment in Ensure that the aisles remain Factory provided training to 13 Health Preparedness packing and shipping area. unobstructed. managers in charge, to sensitize them on the risk attached to that. OSH manager is monitoring the situation closely to avoid such issue to reoccur with daily check and consistent reminder. Feb-21 Occupational Safety and Emergency One fire drill conducted in 2020. Conduct one fire drill every 6 Last fire drill was conducted in 13 Health Preparedness months. April 2021. Factory has conducted 2 fire drill for the year. Feb-21 Occupational Safety and Emergency Less than 10 percent of the workforce Ensure that 10 percent of the Firefighter provided the training in 13 Health Preparedness trained in fire fighting equipment. workforce is trained every year in fire April 2021. Gildan has also trained fighting. in fire fighting equipment in May 2021. In total, more than 10 percent of the workforce is trained in fire fighting. Feb-21 Working Time Regular Hours Attendance system was inaccurate. Ensure that the attendance system The bug in the system has been 13 is accurate. fixed. The attendance is now reflecting accurate timesheets. Feb-21 Working Time Leave Workers did not receive 15 days of leave Ensure that workers are entitled to 15 35 after one year of service. days of annual leave after on year of service. Assessment October 2020- May 2019 [page 104] 104 Oct-20 Occupational Safety and OSH Management The factory does not have an adequate Factory should include the following Health Systems Covid 19 protocol. in its protocol -A COVID 19 task force. -Hygiene procedures (Cleaning of workstation, cleaning of machines and tools, and receiving an delivery of supplies). “Reporting Procedures (Method for workers and supervisors to report issues related to COVID 19 to management and government health official). -Handling procedure of suspected cases (Isolation room; PPE; hand washing station; gloves, disposable shoe covers; isolation gown and cap). -Factory should keep a registry for all workers who present a body temperature 38C and above. May-19 Working Time Leave Workers not entitled to 15 days of leave Ensure that workers receive 15 days Annual leave will be done after one year of service. of annual leave after completing 1 according to the law, all workers year of service. entitled to 15 days will receive it. May-19 Occupational Safety and Health Services and Insufficient number of nurses. Hire a number of nurses that would With our size, we have never seen a Health First Aid make the factory compliant with waiting line to be consulted in the regards with the law. infirmary, no worker has ever had to complain, our medical staff provide quality service, we think it's not necessary to have 6 nurses since it costs money we are comfortable with the 2 nurses and the doctor's visits. May-19 Occupational Safety and Health Services and Documentation was unavailable in Facilitate free health annual checks The factory provides the free Health First Aid workers files to confirm the annual for the workers. health checks to the workers. checks. May-19 Occupational Safety and Health Services and Documentation was unavailable in Ensure that workers receive a We have established a schedule to Health First Aid worker's files to confirm medical check medical check within their first 3 do all the evaluation for the provided to workers within their first 3 months. employees, we should finish with months of hiring. its operations on October 1, 2019. we have the whole year to complete the medical check and we are already 80% of the factory. The remaining checks will be done by the end of the year. [page 105] 105 May-19 Occupational Safety and Welfare Facilities Soap was not available at the time of Ensure soap is available in the This has been corrected quickly. Health assessment visit. toilets. The factory always has soap in stock. The person in charge has been advised to check the soap dispenser regularly to fill the container as necessary. May-19 Occupational Safety and Working Environment Temperature level exceeded 30 Cin all Ensure that temperature level is kept factory bought a multi meter to Health sections. to a maximum of 30 degree in all control the temperature level on a sections. regular basis. Sufficient ventilation to ensure that the temperature level is under 30 C. May-19 Occupational Safety and Worker Protection Electrical wires were not properly Remove the electrical wire. We removed the connection the Health installed in the cafeteria. same day. May-19 Occupational Safety and Worker Protection No proper mask was available for Provide personal protective The Factory is using 3M P95 which Health workers working with Chemicals. equipment for worker using is recommended by the customer chemicals. representative to replace the previous mask. May-19 Occupational Safety and Chemicals and The use of chemicals are not isolated. Create a safe environment for spot Four vacuum machines have been Health Hazardous cleaning area. Ensure that this space installed, waiting for six more. Also Substances is properly ventilated and safely more adequate mask are provided isolated from the rest of the floor. to spot cleaning workers. May-19 Occupational Safety and Chemicals and The inventory of chemnicals is Ensure to have inventory for all Chemical management and Health Hazardous incomplete. chemicals used in the factory. purchasing make a system when Substances chemical are ordered, it will be the chemical management doing the delivery to ensure that all chemicals purchase will be in the inventory. All the chemical are listed in the master inventory. May-19 Occupational Safety and OSH Management Management could not provide Inform workers representatives in Self audit is now conducted by the Health Systems evidence of consultation with workers in OSH committee of the results of the workers representatives in the OSH doing OSH assessments and of assessments. committee, Worker representatives informing workers of the results. are fully involved. May-19 Compensation Social Security and Late and inaccurate payment of Pay OFATMA contributions on base Factory submitted the proof of Other Benefits employer's contribution to OFATMA for salary and within the first 10 days of arrears payment for fiscal year maternity and health insurance. the following month. 2019-2020 and monthly payment until November 2020. On February 2021, factory payed the Month of December 2020. [page 106] 106 May-19 Compensation Social Security and Late and inaccurate payment of Pay OFATMA contributions on base Factory reached an agreement with Other Benefits worker's contribution to OFATMA for salary and within the first 10 days of OFATMA to pay the arrears. maternity and health insurance. the following month. Factory submitted the proof of payment until the months November 2020. On February 2021, Factory paid the deductions for the months of December 2020. May-19 Compensation Social Security and Factory did not provide documentation Complete the payment for OFATMA Payment for fiscal year 2018-2019 Other Benefits that it paid 3% of worker's salary to work related accident insurance and completed. OFATMA for work related accident properly filed that evidence of any Payment for fiscal year 2019-2020 insurance. agreement with OFATMA. completed May-19 Compensation Social Security and Employer's contributions to ONA are Pay ONA contribution on base Factory adjusted method of Other Benefits made consistently late. salary and within the first 10 days of calculation to compute all the the following month. payment received by the worker except the overtime wages. Factory submitted the proof of payment for the month of July 2020. On February 2021, Factory sent the proof of payment for November and December 2020. May-19 Compensation Social Security and Worker's contributions to ONA are Pay ONA contribution on base Factory adjusted method of Other Benefits made consistently late. salary and within the first 10 days of calculation to compute all the the following month. payment received by the worker except the overtime wages. Factory submitted the proof of payment for the month of July 2020. On February 2021, factory sent the proof of payment for November and December 2020. [page 107] 107 BETTER WORK HAITI - 23RD SYNTHESIS REPORT Factory: Everest Apparel Haiti S.A. o Location: Arrondissement du Trou du Nord Number of workers: 2,157 Date of registration: Jan-18 Date of last two Better Aug-19 Mar-21 Work assessments: Advisory and Training Services 29-Nov-21 Bipartite Committee Meeting to validate the improvement plan, discuss about standards for the transportation system and training for foreign managers. 29-Nov-21 Virtual advisory meeting Virtual OSH tour on emergency preparedness. Meeting with the compliance team to review and update Better Work portal, Follow up on Sexual harassment policy, FOA policy, Annual leave and boni. 14-Oct-21 Virtual advisory meeting Meeting with the compliance team to validate pending issues in the improvement plan. Meeting with worker's representatives. Meeting with HR officer team to provide guidance on HR KPI and discuss allegation of sexual harassment. 4-Aug-21 Virtual advisory meeting Virtual OSH tour: Personal Protective equipment, emergency preparedness, COVID-19 measure. Meeting with Line supervisors and union representatives on General concerns about factory operations, physical abuse case and MAST report. Follow up on strike announcement. Meeting with the compliance team to review: grievance records and factory payroll. 9-Jun-21 Bipartite Committee Meeting to review the persistence findings, the payroll system and the internal work rules. 26-May-21 Bipartite Committee Meeting Meeting to present the last assessment report and workplace cooperation. 21-May-21 Training Virtual Workers' Rights & Responsibilities. 20-May-21 Training Virtual Training on Socially Responsible Transitioning. 12-May-21 Training Virtual Training on Sexual Harassment Awareness and Prevention for supervisors. T-May-21 Training Virtual Training on Sexual Harassment Awareness and Prevention for workers 7-May-21 Training Training on Workplace Cooperation & Communication. 6-May-21 Training Virtual Training on Sexual Harassment Awareness and Prevention. 5-May-21 Training Virtual Training on Covid-19 Emergency Preparedness. 28-Apr-21 Training Virtual OSH Event Workshop. 21-Apr-21 Training Virtual Training on Hygiene and Prevention against Covid-19. 5-Mar-21 Training Virtual Industry Seminar on ILO Conventions 87 and 98. 4-Mar-21 Training Virtual Industry Seminar on Covid-19 Human Resources Management (HRM). 3-Mar-21 Training Virtual Training Covid-19 Emergency Preparedness. 26-May-21 Virtual advisory meeting Review and update the improvement plan: Training records, chemical management. Follow up on workers’ complaint 12-Feb-21 Virtual advisory meeting Meeting with Management to discuss about the annual leave, Access card to the toilets, equal treatment of workers and meeting with trade unions 22-Jan-21 Bipartite Committee Meeting Meeting to review accomplishments and emerging new challenges, then identify training needs. 21-Jan-21 Virtual advisory meeting Meeting with trade unions about interference and temporary suspension. Meeting with the compliance team about temporary suspension, Internal work rules and annual leave . Review of the improvement plan. 23-Nov-20 Virtual advisory meeting Meeting with Everest management to discuss about the FOA policy. [page 108] 108 ASSESSMENT COMPLIANCE CLUSTER COMPLIANCE POINT DETAILS OF NON COMPLIANCE IMPROVEMENT PRIORITIES REMEDIATION EFFORTS MONTHS Assessment March 2021 Mar-21 Occupational Safety and Emergency The total number of workers trained Provide additional training in Training sessions has been 8 Health Preparedness in fire-fighting is fire fighting equipment. provided after the assessment. less 10 percent of the workforce. Mar-21 Occupational Safety and Emergency The aisles were obstructed in one Provide additional space for Instructions have been 8 Health Preparedness building. storing goods and rearrange provided to security guards and the floor. workers. The daily and weekly checks have been updated. Mar-21 Occupational Safety and Emergency The factory did not have any annual Ensure that the maintenance 8 Health Preparedness reports produced by a certified of fire-fighting equipment is company on the maintenance of fire- conducted by a certified fighting equipment. company. Mar-21 Occupational Safety and Emergency The factory has an alarm system that Develop a procedure about The training has been a Health Preparedness is not easy to use and only 50% of the alarm system and train all conducted and an SOP has workers trained in the use of workers. been displayed on the factory firefighting can use it. floor. Mar-21 Occupational Safety and Health Services and The total number of workers trained Provide additional training on Training sessions have been 8 Health First Aid in first aid is less 10 first aid. provided after the assessment. percent of the workforce. Mar-21 Occupational Safety and Health Services and Insufficient medical staff. Hire the required medical The factory hired additional 8 Health First Aid staff. nurses and doctor and has the required medical staff. Mar-21 Occupational Safety and Working Environment Workplace temperature exceed BW's Install additional fans. 8 Health recommended limit of 30 C. Conduct regular measurement of temperature & compare with threshold value. Mar-21 Occupational Safety and Worker Protection The factory does not keep a registry Verify all workers’ and visitors The factory is monitoring 8 Health for all persons who present a body temperature upon entry. workers’ temperature on a daily temperature of 38C and above. Keep a registry for all persons basis. who present a temperature of 38c and above. [page 109] 109 Mar-21 Occupational Safety and Worker Protection The social distance is not respected Ensure the social distance is 8 Health on the floor during respected during working working hours as well as during entry hours. and exit. Mar-21 Occupational Safety and Worker Protection One electrical box was obstructed in a Train supervisors and workers The workers are trained on 29 Health storage room. about electrical hazards &the electrical hazards. need to report hazards. Mar-21 Occupational Safety and Worker Protection The factory did not provide PPE to all Provide employees with all 8 Health workers. necessary personal protective clothing and equipment according to PPE regulation. Mar-21 Occupational Safety and Chemicals and Eyewash station was not available in Provide eye washing station or Responsibilities have been a Health Hazardous Substances the Chemical room of one building. eye wash bottles. assigned. Eye wash bottles are Train workers on its use. available. Mar-21 Occupational Safety and Chemicals and The employer did not keep chemical Specify who is in charge of Responsibilities have been a Health Hazardous Substances safety data sheets for all hazardous receiving MSDS from supplier. assigned and the MSDS are chemicals used in the workplace. Verify the MSDS has the posted. needed elements. Mar-21 Occupational Safety and Chemnicals and Chemicals and hazardous substances Define who control the Responsibilities have been a Health Hazardous Substances were not properly labelled in the chemical container upon assigned, and all containers are workplace. receipt from supplier and labelled. control the label. Define who is entitled to pour chemicals in other recipients and label them. Mar-21 Occupational Safety and Chemnicals and The inventory of chemicals did not Assign a person responsible The general chemical inventory a Health Hazardous Substances include the name of all chemicals for updating inventories of has been updated and all used in the workplace. hazardous substances in the chemicals name are included. various locations where they are stored or used. Mar-21 Occupational Safety and OSH Management No mechanisms to ensure Have an OSH committee in The factory has an OSH 27 Health Systems cooperation between workers and place. committee in place. All management on OSH matters. Conduct meetings on a meeting minutes are registered. monthly basis and keep records. [page 110] TO Mar-21 Contract and Human Dialogue, Discipline Workers have been bullied, harassed Provide additional trainings to Training sessions are scheduled 27 Resources and Disputes and subjected to humiliating supervisors and security for all supervisors. treatment. guards Conduct regular self- assessment to check awareness. Mar-21 Contract and Human Termination The employer did not comply with Have an agreement with 8 Resources legal requirements before reducing workers who are unlawfully the size of the workforce due to dismissed. accident resulting in an immediate Reinstate the terminated work stoppage. workers. Mar-21 Contract and Human Termination The calculation for the payment of Discuss legal requirements 8 Resources annual salary supplement upon with the General Manager. termination does not include the Pay the lunch break. lunch break payment. Include payment of the lunch break in annual salary crinnlament 1inan tarminatinn Mar-21 Contract and Human Termination The calculation for unused paid Discuss legal requirements 8 Resources annual leave payment upon with the General Manager. termination does not include the Pay the lunch break. lunch break payment. Include payment of the lunch break in the annual leave upon termination. Mar-21 Contract and Human Termination The calculation of the payment for Discuss the legal requirements 8 Resources the applicable notice period does not with the General Manager. the lunch break payment. Pay the lunch break. include the lunch break payment in the calculation of notice period. Mar-21 Compensation Wage Information, Use The employer pays workers their Discuss the legal requirements 8 and Deduction salary supplement. However, the with the General Manager calculation of the basic salary does Ensure that workers’ salary not include the lunch break payment. supplement include the lunch break navment Mar-21 Compensation Social Security and The lunch break payment is not Discuss the legal requirements 8 Other Benefits included in the calculation of Workers'… with the General Manager contributions to OFATMA to include the lunch break OFATMA. payment in workers’ contribution to OFATMA. [page 111] TI Mar-21 Compensation Social Security and The lunch break payment is not Discuss legal requirements 8 Other Benefits included in the calculation of with the General Manager employer's contributions to OFATMA _ Include the lunch break in the to OFATMA. contribution to OFATMA. Mar-21 Compensation Social Security and The lunch break payment is not Send to OFATMA the salary 27 Other Benefits included in the calculation for the statement which reflects the payment of OFATMA work related factory payroll. Include the accident insurance. lunch break payment in the payroll. Mar-21 Compensation Social Security and workers’ contributions for social Discuss legal requirements 8 Other Benefits insurance funds to ONA does not With the General Manager. include the lunch break payment. Pay the lunch break. include the lunch break payment in workers’ contributions to ONA. Mar-21 Compensation Social Security and Employer's contributions for social Discuss legal requirements 8 Other Benefits insurance funds to ONA does not with the General Manager. include the lunch break payment. Pay the lunch break. include the lunch break payment in the contribution sent to ONA. Mar-21 Compensation Paid Leave Payment for leave and breaks is not Discuss legal requirements 4 accurate. With the General Manager. Pay the lunch break. Pay sick leave and maternity leave on daily average earnings. Mar-21 Compensation Paid Leave The lunch breaks is not compensated Discuss legal requirements 8 in the payroll. with the General Manager and Pay the lunch break. Assessment August 2019 Aug-19 Occupational Safety and Worker Protection The factory has a system in place for Implement a checklist to Health regular cleaning of the workplace. record daily cleaning and However the factory does not have a disinfection. system to disinfect the workplace. Keep record in appropriate location. [page 112] T2 Aug-19 Occupational Safety and OSH Management The factory has a COVID 19 protocol The factory needs to review Factory has participated in the Health Systems in place. However it is missing the the COVID 19 protocol to review of the management following; include the missing points. guidelines for COVID 19 and -Handling procedure of suspected has started implementing the cases (Isolation room; PPE; hand recommendations. washing station; gloves, disposable shoe covers; isolation gown and cap). Aug-19 Occupational Safety and Emergency The employer did not conduct at Conduct at least 2 emergency The last fire drill was Health Preparedness least 2 emergency drill per year in drill per calendar year. Insert conducted on July 2020 and building 3. the drills in the OSH annual the next evacuation drill is training plan. scheduled for October 2020. Aug-19 Occupational Safety and Emergency 4 emergency exit doors were locked Keep allthe exit doors open Extra security guards were Health Preparedness during working hours in building 3. during working hours. hired and instructed to keep all the doors open during working hours. Aug-19 Occupational Safety and Emergency The evacuation arrows were not Paint evacuation arrows and The evacuation arrows are Health Preparedness labelled to lead to an emergency exit. signs. labelled to lead to the emergency exit. Aug-19 Occupational Safety and Emergency Fire detection and alarm system was Have a fire detection and Fire detection and alarm Health Preparedness not available in one building. alarm system suitable for the systems are available in all factory conditions. buildings. Aug-19 Occupational Safety and Health Services and The employer did not ensure that Install first aid boxes and A first aid kit is available in all Health First Aid there are a sufficient number of ensure the first-aid boxes are buildings. readily accessible first aid boxes in always accessible to workers. one building. Aug-19 Occupational Safety and Health Services and The factory did not show evidence of Provide annual health checks : OFATMA has started with the Health First Aid annual medical checks for workers. to workers. medical checks Aug-19 Occupational Safety and Health Services and The factory does not provide free Provide health checks to OFATMA has started with the Health First Aid health checks within the first three workers within the first three medical checks months of hiring. months of hiring. Aug-19 Occupational Safety and Welfare Facilities Soap and paper was not available in Provide soap and paper in the Soap dispenser has been Health one building. workplace. installed. The Supervisor of the General affairs is in charge of daily verification. [page 113] LE Aug-19 Occupational Safety and Worker Protection Electrical panels are not identified in Identify electrical installations The electrical panels have been Health all buildings. requiring warning signs. identified and the warning signs are posted. Aug-19 Occupational Safety and Chemicals and No eye wash facility was available Provide cleansing materials Eye wash station have been Health Hazardous Substances where chemicals and hazardous where chemicals are used and installed where hazardous substances are stored or used. stored. substances are stored. Leaders are in charge of the regular checks Aug-19 Occupational Safety and Chemicals and No MSDSs were available for Prepare and post MSDS where The material safety data sheets Health Hazardous Substances chemicals and hazardous chemicals are used. (MSDS) are available for all substances. chemicals and are translated in local language. Aug-19 Occupational Safety and Chemicals and Chemicals stored in the workplace are Ensure that all hazardous and All recipients are properly Health Hazardous Substances not properly labelled. chemicals substances used in labelled with at least a the workplace are properly pictogram and hazard sign. labelled. Aug-19 Occupational Safety and Chemicals and The inventory does not include all Assign responsible persons The inventory of chemicals Health Hazardous Substances chemicals and hazardous substances for updating inventories of have been updated. The used in the workplace. hazardous substances in the compliance officer is in charge various locations where they of the weekly verification. are stored or used. Aug-19 Occupational Safety and OSH Management OSH meeting minutes are not Keep meeting minutes when The company has created a Health Systems recorded. workers participate in OSH schedule for the OSH decisions. committee meeting every month. Aug-19 Contract and Human Dialogue, Discipline Workers from several sections are Provide training to foreign The administration of the Resources and Disputes subjected to constant shouting from supervisors on Workplace company conducted a training foreign supervisor. communication. Ensure that on communication and supervisors treat workers with Harassment for all managers respect. and supervisors. Aug-19 Compensation Social Security and Employer contribution to OFATMA Contribute 3 % of workers’ The factory has contributed 3 Other Benefits for work-related accident is late. salary to OFATMA for work % of workers’ salary to related accident. OFATMA for work related accident. [page 114] T4 Aug-19 Compensation Paid Leave The calculation of average earnings include incentives paid for Incentives paid for attendance for sick leave and maternity leave attendance and effectiveness and effectiveness are included payments did not include incentives in the payment for sick leave in the calculation of sick leave paid for attendance and effectiveness and maternity leave. and maternity leave. as required. Aug-19 Compensation Paid Leave The calculation of average earnings Adjust payroll system to Incentives paid for attendance for maternity leave payments is ensure that sick leave and effectiveness are included inaccurate. payment is based on average in the calculation of average earnings. earnings for maternity leave payments. Aug-19 Compensation Paid Leave The calculation of average earnings Adjust payroll system to Incentives paid for attendance for sick leave payments is inaccurate. ensure that sick leave and effectiveness are included payment is based on average in the calculation of average earnings. earnings for sick leave payments. [page 115] 115 BETTER WORK HAITI - 23RD SYNTHESIS REPORT . Factory LIFE S.A. Location: Port-au-Prince Number of workers: 65 Date of registration Jun-15 Date of last two Better Oct-19 Sep-21 Work assessments: Advisory and Training Services Aug-21 PICC Meeting Meeting with committee regarding factory's concerns. Jun-21 Advisory meeting Meeting to discuss updates on the improvement plan, factory roadmap and how to strengthen OSH procedures. May-21 Advisory meeting Virtual advisory meeting on Improvement plan updates. Discussion was also on the road map. Factory to strengthen OSH procedures and share with advisor. Apr-21 Training Virtual OSH Event Workshop Mar-21 Training Virtual Industry Semninar on ILO Conventions 87 and 98 Mar-21 Advisory meeting Meeting to review the improvement plan and to discuss the role and responsibilities of the bipartite committee Oct-20 Advisory meeting Meeting to discuss issues related to social benefit payments and the financial situation of the factory. Review of Covid 19 protocol and OSH management guidelines. Apr-21 Training OSH Event Workshop ASSESSMENT COMPLIANCE CLUSTER COMPLIANCE POINT DETAILS OF NON COMPLIANCE IMPROVEMENT PRIORITIES REMEDIATION EFFORTS MONTHS Assessment September 2021 Sep-21 Occupational Safety and Emergency Preparedness The factory did not take steps to Ensure to take necessary 3 Health control potential sources of measures to control risk and ignition. hazard within the workplace. Sep-21 Occupational Safety and Emergency Preparedness Several aisles leading to an Ensure that the evacuation 3 Health emergency exit were obstructed by routes and aisles remained tables in the sewing lines. unobstructed. Sep-21 Occupational Safety and Health Services and First No evidence of medical checks Pay OFATMA for the medical 22 Health Aid performed within the first 3 card (CDS) and coordinate with months of hiring were available. OFATMA to provide medical check for workers within their first three months. Sep-21 Occupational Safety and Welfare Facilities The factory has not conducted a Ensure the drinking water is 3 Health water test on a monthly basis by a tested on a monthly basis by a certified laboratory. competent laboratory. [page 116] T6 Sep-21 Occupational Safety and Working Environment The level of lighting in the Provide adequate lighting in all 28 Health workplace is unacceptable. sections of the factory. Sep-21 Occupational Safety and Working Environment Temperature exceeded the Keep the temperature to a 52 Health recommended 30 C in all sections maximum of 30C or lower. of the workplace. Sep-21 Occupational Safety and Worker Protection The workers and visitors body Check all workers and visitors 3 Health temperature are not checked upon body temperature upon entry in entry in a systematic way. No a systematic way and keep a registry for body temperature of registry for all persons who 38C and above. present a temperature of 38C and above. Sep-21 Occupational Safety and Worker Protection The social distance is not respected Monitor that the 1.5 meter social 3 Health in all sections of the factory, as well distancing recommendation is as during entry and exit. respected in all sections of the factory, as well as during entry and exit. Sep-21 Occupational Safety and Worker Protection One electrical panel without safety Post safety warnings where 3 Health warnings posted near the clinic. necessary. Sep-21 Occupational Safety and Worker Protection Assessors noticed circuit breakers Identify all circuit breakers. Health were not identified in an electrical panel near the clinic. Sep-21 Occupational Safety and Chemicals and Hazardous Eye wash station was not available Install eye wash station in the 3 Health Substances in the chemical warehouse where chemical warehouse. chemicals are stored. Sep-21 Occupational Safety and Chemicals and Hazardous The employer did not provide Provide training on safe use of 3 Health Substances training to workers on chemical chemical and hazardous products handling. substances to workers. Sep-21 Occupational Safety and Chemicals and Hazardous Chemical substances were not Ensure that Chemical substances 3 Health Substances properly stored. are properly stored and storage room are adequately ventilated. Sep-21 Occupational Safety and Chemicals and Hazardous 2 unlabeled containers of Diesel Label all chemicals and 22 Health Substances fuel found in the Generator room. hazardous substances properly. [page 117] 117 Sep-21 Occupational Safety and Chemicals and Hazardous Factory does not maintain à Update the inventory of 3 Health Substances chemical inventory listing all the chemicals accordingly. chemicals used including their locations. Sep-21 Occupational Safety and OSH Management Systems The employer did not provide any Provide permits or documents 3 Health document that covers the on building's structural safety. structural safety or stating that the building is safe. Sep-21 Occupational Safety and OSH Management Systems The factory did not record work Record the work related 3 Health related accidents and submit them accidents and submit them to to OFATMA on a monthly basis. OFATMA on a monthly basis. Sep-21 Occupational Safety and OSH Management Systems The safety and health committee Factory should have an effective 3 Health was not functional. Health and safety committee. Sep-21 Occupational Safety and OSH Management Systems No reports on general occupational Ensure that a general OSH 3 Health safety and health were available for assessment is conducted on the last 12 months. monthly basis and duly recorded for review purposes. Sep-21 Contract and Human Termination The annual leave upon Pay the annual based on the 3 Resources termination. is not calculated on average daily salary. the daily average salary. Sep-21 Compensation Social Security and Other The factory has not collected and Register to OFATMA for 46 Benefits forwarded workers contributions to maternity and health insurance OFATMA for maternity and health and forward workers’ insurance. contribution. Sep-21 Compensation Social Security and Other The factory is not registered with Register to OFATMA for 46 Benefits OFATMA for maternity and health maternity and health insurance insurance. and forward workers’ contribution. Sep-21 Compensation Social Security and Other The payments OFATMA for Pay the contribution within the 3 Benefits accident insurance for the fiscal deadline indicated in the invoice. year 2020-2021 were made in January 2021 instead of December 2020. Sep-21 Compensation Social Security and Other Factory does not collect nor Collect and forward workers 15 Benefits forward workers’ contributions to contribution on a monthly basis. ONA on a monthly basis . [page 118] T18 Sep-21 Compensation Social Security and Other The employer contribution to ONA Forward employer ‘s contribution 15 Benefits is not submitted on a monthly to ONA on a monthly basis. basis. Sep-21 Compensation Paid Leave The annual leave payment is not Ensure that the annual leave 3 calculated based on the daily payment is on the daily average average earning. earning. Assessment October 2020- October 2019 Oct-20 Occupational Safety and OSH Management Systems The factory does not have an Develop an adequate COVID-19 Factory will review the 8 Health adequate COVID-19 protocol that protocol with all the relevant protocol accordingly. includes all the relevant elements. elements as per the Better Work Haïti guidelines. Oct-20 Occupational Safety and OSH Management Systems The factory does not have an Have a checklist to record the 25 Health appropriate checklist to monitor daily cleaning and disinfection of the cleaning and disinfection of the the workplace. workplace. Oct-19 Compensation Paid Leave Workers entitled to maternity Register with OFATMA for 12 leave payment received 6 weeks maternity and health insurance. instead 12 weeks. Oct-19 Occupational Safety and Social Security and Other Employer contribution to ONA is Calculate employer's 12 Health Benefits based on the minimum wage contributions to ONA on worker's instead of the base salary. base salary. Oct-19 Compensation Social Security and Other Workers' contribution to ONA is Calculate workers’ contribution to 43 Benefits based on the minimum wage ONA on workers base salary. instead of workers’ base salaries. Oct-19 Compensation Social Security and Other The factory is not registered with Register to OFATMA for 43 Benefits OFATMA maternity and Health maternity and health insurance insurance. and forward employer's contribution. Oct-19 Compensation Social Security and Other The factory is not registered with Register to OFATMA for 12 Benefits OFATMA maternity and Health maternity and health insurance insurance. and forward workers’ contribution. Oct-19 Compensation OSH Management Systems The employer does not have a Ensure to have an available copy 19 copy of the construction permits. of the construction permits. [page 119] T9 Oct-19 Occupational Safety and Chemicals and Hazardous Containers of chemicals found with Label all chemicals and All containers of chemicals are 19 Health Substances no proper labelling. hazardous substances properly. labelled. Oct-19 Occupational Safety and Chemicals and Hazardous MSDS were not available in local Translate MSDS into local Chemical MSDS are now 19 Health Substances language for several chemicals . language and post them where available in local language. needed. Oct-19 Occupational Safety and Worker Protection Management did not install the Install pulley guard on collar 19 Health pulley guard on the collar cutting cutting machines. machines. Oct-19 Occupational Safety and Worker Protection Breakers from electrical panels did Label the breakers in the 18 Health not have any labels. . electrical panels. Oct-19 Occupational Safety and Working Environment Temperature exceeded the Keep the temperature to a 49 Health recommended 30 C in all sections maximum of 30C or lower. of the workplace. Oct-19 Occupational Safety and Working Environment The level of lighting in the Ensure that lighting level is 25 Health workplace is unacceptable. adequate in the warehouse section. Oct-19 Occupational Safety and Health Services and First Employer did not pay OFATMA Pay OFATMA for the medical 19 Health Aid for the medical cards. card (CDS) and coordinate with OFATMA to provide medical check for workers within their first three months. Oct-19 Occupational Safety and Emergency Preparedness Evacuation plan does not clearly Post an accurate evacuation 37 Health define the evacuation path and map. escape routes. [page 120] 120 BETTER WORK HAITI - 23RD SYNTHESIS REPORT . Factory: Go Haïti S.A Location: Port-au-Prince Number of workers: 944 Date of registration: Apr-16 Date of last two Better Dec-19 Sep-21 Work assessments: Advisory and Training Services 24-Nov-21 Advisory meeting Virtual meeting with the OSH committee to present the last assessment report. Virtual OSH tour on worker protection, Health services and first aid. Meeting with the compliance team to update the improvement plan: provide guidance on HR performance indicator, OSH performance indicator and explain the 3*8 laws. 24-Aug-21 Training Virtual training on Emergency Preparedness. 30-Jul-21 Advisory meeting Virtual meeting with the compliance team to follow up on employee contract, Covid 19 measure, ONA and OFATMA payment, chemical Inventory and OSH self assessment. Virtual OSH tour: electrical safety, emergency preparedness. 12-May-21 Training Virtual training on Sexual Harassment Awareness and Prevention for Supervisors. 28-Apr-21 Training Virtual OSH Event Workshop. 29-Apr-21 Advisory meeting Virtual meeting with the compliance team to validate the improvement plan: Notice of termination, Payment for unused paid annual leave upon resignation or termination. Annual salary supplement or bonus upon termination. Virtual OSH tour on worker protection, Meeting with union representatives on workplace cooperation. 4-Mar-21 Advisory meeting Virtual meeting with the OSH committee : Perspective for this cycle, Points to improve and support from BW 24-Nov-20 Advisory meeting Virtual meeting to follow up on pending OSH issues, meeting with the OSH committee, meeting with the compliance team to review files of terminated workers and payment Upon termination. Validate the improvement plan. 2-Oct-20 Advisory meeting To review and update the improvement plan, conduct session on Key OSH responsibilities. ASSESSMENT COMPLIANCE CLUSTER COMPLIANCE POINT DETAILS OF NON COMPLIANCE IMPROVEMENT PRIORITIES REMEDIATION EFFORTS MONTHS Assessment September 2021 Sep-21 Working Time Regular Hours The regular working is equivalent to 9 Modify the internal work rules 2 working hours per day and 54 hours and ensure the regular working per week. hours do not exceed 48 hours per week. Sep-21 Occupational Safety and Emergency Preparedness The total number of workers trained_ Provide additional training in fire 2 Health in fire-fighting is less than 10 percent fighting equipment. Have a of the workforce. system in place to monitor trained workers. [page 121] 121 Sep-21 Occupational Safety and Emergency Preparedness The last fire drill was conducted in Conduct at least 1 emergency 2 Health September 2021 and the one before drill every six months. Insert the that, in January 2020. drills in the OSH annual training plan. Keep records of the drill. Sep-21 Occupational Safety and Emergency Preparedness Obstructed aisles. Remind supervisors about their 23 Health responsibility to enforce OSH in their area. Specify who conduct daily weekly checks. Sep-21 Occupational Safety and Emergency Preparedness Improper maintenance of fire Ensure regular maintenance. 2 Health extinguishers. Specify who conducts regular checks to make sure that the equipment is in place and functioning. Sep-21 Occupational Safety and Health Services and First Aid The total number of workers trained Provide additional training in 2 Health in first aid is less than 10 percent of first aid. Have a system in place the workforce. to monitor trained workers. Sep-21 Occupational Safety and Health Services and First Aid Insufficient number of readily Equip first aid box and define 23 Health accessible first aid boxes/supplies in responsibility for refilling it. the workplace. Sep-21 Occupational Safety and Health Services and First Aid Insufficient medical staff. Hire 1 additional nurse. The factory has the number 2 Health of medical staff for the current workforce. Sep-21 Occupational Safety and Welfare Facilities Insufficient number of toilets. Built additional toilets in order to 59 Health have at least 35 functioning toilets for women and 17 functioning toilets for men. Sep-21 Occupational Safety and Working Environment Workplace lighting is insufficient in all Install additional light. Specify 2 Health sections. who is in charge of regular maintenance of the lights. Sep-21 Occupational Safety and Working Environment The temperature in the workplace Install additional fans. Specify 2 Health exceed Better Work's who is in charge of regular recommendations of 30 C. maintenance of the fans. [page 122] 122 Sep-21 Occupational Safety and Worker Protection During the factory tour assessors Provide chair with backrest to 23 Health observed several chairs without worker in the workplace. backrest in the workplace. Sep-21 Occupational Safety and Worker Protection Proper PPE was not provided to Provide employees with all 23 Health workers using chemical and necessary personal protective hazardous substances or doing clothing and equipment heavy lifting. according to PPE regulation. Sep-21 Occupational Safety and Chemicals and Hazardous The eye wash station was not Improve effectiveness of 2 Health Substances functional during the assessment eyewash station or provide eye visit. wash bottles. Sep-21 Compensation Wage Information, Use and The annual salary supplement or Ensure that workers’ salary 2 Deduction bonus does not supplement include the lunch include the lunch break payment. break payment. Sep-21 Compensation Social Security and Other The employer contribution to Include the lunch break payment 34 Benefits OFATMA maternity and health in the contribution to OFATMA. insurance is late and does not include the lunch break payment. Sep-21 Compensation Social Security and Other The employer does not forward Include the lunch break payment 34 Benefits workers’ contributions to OFATMA in workers’ contribution to on time and it does not include the OFATMA- Forward workers" lunch break payment. contribution to OFATMA on time. Sep-21 Compensation Social Security and Other The factory paid OFATMA accident : Pay OFATMA on time. 2 Benefits insurance for the fiscal year 2020-2021 late. Sep-21 Compensation Social Security and Other Workers' contribution to ONA is late include the lunch break payment 48 Benefits and does not include the lunch break in workers’ contributions to payment. ONA. Sep-21 Compensation Social Security and Other The employer contribution to ONA Include the lunch break payment 48 Benefits is late. Moreover, the calculation of in the contribution sent to ONA. the basic salary does not include the Ensure Payments are made lunch break payment. Within the first 10 business days of the next month for the previous month. [page 123] 123 Sep-21 Compensation Paid Leave The factory did not pay annual leave, Pay the lunch break. Pay annual 2 Sick leave, maternity leave and the leave, sick leave and maternity daily break correctly as the lunch leave based on average daily break is not compensated. earnings. Sep-21 Compensation Paid Leave The lunch breaks is not Pay the lunch break. Pay annual 2 compensated in the payroll. leave, sick leave and maternity leave based on average daily earnings. Sep-21 Compensation Paid Leave The eligible workers are receiving 12 Pay the lunch break and ensure 2 week of maternity leave payment the lunch break payment is from OFATMA. However, the included in the calculation for calculation does not include the maternity leave payment. lunch break payment. Sep-21 Compensation Paid Leave The factory pays 15 days for sick Ensure the calculation for sick 2 leave. However, the calculation does leave include the lunch break not include the lunch break. payment. Sep-21 Compensation Paid Leave The annual leave payment is not Pay the lunch break then Pay 2 calculated on worker's average daily the annual leave based on earnings and the lunch break average daily earnings. payment is not included in the calculation. Assessment October 2020 and December 2019 Oct-20 Occupational Safety and Worker Protection Factory does not have appropriate Implement a checklist to record The factory cleans and 8 Health checklist to monitor the cleaning and daily cleaning and disinfection. disinfect all machines, disinfection process related to Keep record in appropriate equipment, and tools at COVID 19. location. least once per day. Oct-20 Occupational Safety and OSH Management Systems The factory does not have The factory needs to review the Factory has participated in 8 Health appropriate epidemic/pandemic COVID 19 protocol to include the the review of the protocol related to COVID 19 in place missing points. management guidelines for embedded into the larger OSH COVID 19 and has started policy. implementing the recommendations. Dec-19 Occupational Safety and Emergency Preparedness Emergency exits were closed during Keep the emergency exits The factory make it a rule 17 Health working hours. unlocked during working hours. not to closed the emergency Exits. [page 124] 124 Dec-19 Occupational Safety and Emergency Preparedness Emergency exits and escape routes Paint yellow lines on the floor to The evacuation lines and 17 Health were not clearly marked and posted show the exit pathway. arrows have been painted. in the workplace. Dec-19 Occupational Safety and Health Services and First Aid Essential items were missing in Equip the first aid box with all The first aid boxes have 17 Health several first aid boxes. essential items. Define been filled and responsibility for the verification responsibility has been and include this in the system of assigned. daily-weekly checks. Dec-19 Occupational Safety and Welfare Facilities Insufficient number of toilets. Increase the number of toilets. 53 Health Dec-19 Occupational Safety and Working Environment Combustible materials like fabric Clean workplace regularly. 17 Health waste, cardboard and paper were scattered in the workplace. Dec-19 Occupational Safety and Worker Protection One electrical panel was not Identify electrical installations Warning signs have been 17 Health identified in the workplace. requiring warning signs and post posted. corresponding signs. Dec-19 Occupational Safety and Worker Protection Electrical box, wire and outlets are Improve the electrical All circuit breakers are 17 Health not properly maintained. maintenance and labelled all labelled to indicate their switches and electrical breaker. purpose. Dec-19 Occupational Safety and Worker Protection Several chairs without backrest are Provide chairs with back rest for 17 Health used in different sections of the workers in the sewing section. factory. Provide anti fatigue mats for standing workers. Dec-19 Occupational Safety and Worker Protection Management did not provide Provide employees with all 17 Health protective equipment to all workers. necessary personal protective clothing and equipment according to PPE regulation. Dec-19 Occupational Safety and Chemicals and Hazardous The chemical inventory does not Assign a person responsible for A person is assigned to 17 Health Substances include the name of all chemnicals updating inventories of update the inventory of used in the workplace. hazardous substances in the hazardous substances in the various locations where they are various locations where they stored or used. are stored or used. Dec-19 Occupational Safety and OSH Management Systems Work-related accidents and diseases Submit the record of work The doctor of the factory is 17 Health were not recorded and submitted to related accident to OFATMA on in charge to submit the OFATMA on a monthly basis. a monthly basis. accident record on a monthly basis. [page 125] 125 Dec-19 Occupational Safety and OSH Management Systems An assessment of general Conduct regular comprehensive 17 Health occupational safety and health OHS risk assessments in all the issues was not performed on a various sections of the factory. regular basis. Dec-19 Contracts and Human Termination The factory has not requested an Ask for authorization before A new Human Resources 17 Resources authorization for reductions or terminating the contract of manager has been hired. suspensions. pregnant women as required by law. Dec-19 Contracts and Human Employment Contracts Unequal treatment of workers with Modify the terms of workers’ 17 Resources similar contract. contract. Dec-19 Compensation Social Security and Other Collecting and forwarding of workers’ Collect and forward 3 percent of 28 Benefits contributions to OFATMA. workers' basic salary to OFATMA for maternity and health insurance. Dec-19 Compensation Social Security and Other Improper calculation and late Submit OFATMA payment for 28 Benefits submission of employer's health and maternity insurance contribution to OFATMA, for on à monthly basis. Calculate maternity and health insurance. the 3 percent based on workers basic salary. Dec-19 Compensation Social Security and Other Collecting and forwarding workers’ Collect and forward workers’ 42 Benefits contributions for social insurance contribution to ONA on time funds to ONA. Within the first 10 working days of each month for the previous month. Dec-19 Compensation Social Security and Other Employer contribution to ONA is Make ONA payments for the 42 Benefits late. previous month within the first 10 working days of the current month. Dec-19 Compensation Wage Information, Use and Management kept a separate payroll Have a single, accurate and Changes have been made in 17 Deduction for the period of September 7th to detailed payroll system payroll the payroll system. November 4th. system. Dec-19 Compensation Method of Payment The factory has not been able to pay Create a payment schedule and The payroll system has 17 all workers regularly and on time. inform workers about it. been installed on 2 servers and the system is operational. [page 126] 126 BETTER WORK HAITI - 23RD SYNTHESIS REPORT Factory: H4H S.A è Location: Port-au-Prince Number of workers: 709 Date of registration AUg-17 Date of last two Better Feb-20 Nov-21 Work assessments: Advisory and Training Services 28-Oct-21 Bipartite Committee Meeting Discussion with the management to update the Improve plan. The discussion regarding worker who complained about unjustified dismissal. Bipartite meeting where workers expressed their concern regarding the transportation and the insecurity in the PaP. 2-Jul-21 Bipartite Committee Meeting Meeting with PICC members. Discussion was mainly on Maternity payment and disciplinary measures (impact of security situation and transportation on workers’ absenteeism). 30-Jun-21 Virtual advisory meeting Virtual meeting with management on Compensation and OSH issues. Factory to develop SOP on better communication with current workers and trade union and also with terminated workers on pending issues. Factory to participate in workplace communication training and grievance mechanisms. 26-May-21 Virtual advisory meeting Virtual meeting with management on Status of ONA and OFATMA payment. The discussion was also on work stoppage that occurred on May 2021. Management to share evidence of agreements and payment to the social security entities. 20-Apr-21 Virtual advisory meeting Virtual meeting with management on termination of the president of the union. Discussion was also on IP follow up. Factory to forward proof of remediation. Bipartite meeting was on the workers’ current concerns: ID cards and bathrooms. 3-Mar-21 Training Virtual training Covid-19 Emergency Preparedness. 2-Mar-21 Virtual advisory meeting Virtual meeting with management on compensation/payment notice and on termination cases of union leaders. Virtual bipartite meeting on compensation. The discussion was about the taxes deduction and the pre payroll notice. 29-Jan-21 Virtual advisory meeting Virtual meeting with management on factory status and advisory priorities. Virtual bipartite meeting on expectations for 2021. 10-Dec-20 Virtual advisory meeting Virtual meeting with on strike that occurred on December 7, 2020 and step taken to remediate the concerns. Virtual bipartite meeting on expectations for 2021. ASSESSMENT COMPLIANCE CLUSTER COMPLIANCE POINT DETAILS OF NON COMPLIANCE IMPROVEMENT PRIORITIES REMEDIATION EFFORTS MONTHS Assessment November 2021 Nov-21 Working Time Regular Hours Inaccurate attendance record. Use a punch system to record work hours and make sure that all work hours including overtime are recorded. Nov-21 Working Time Regular Hours Pregnant women are not allowed to Update the policy for pregnant take their additional breaks as women. Allow them to take their required by law. additional breaks as required by law. [page 127] 127 Nov-21 Occupational Safety and Emergency Preparedness Fire drills are not conducted every six Conduct a fire drill at least twice 43 Health months as recommended. a year. Keep record of the fire drills. Nov-21 Occupational Safety and Emergency Preparedness Obstructed aisles. Keep all aisles unobstructed. Health Nov-21 Occupational Safety and Emergency Preparedness Alarm system does not function Ensure that the alarm system is Health properly. functioning loud enough so it can be heard everywhere in the factory. Nov-21 Occupational Safety and Health Services and First Insufficient medical personnel. Hire more nurses to comply with Health Aid the requirements of the labor code. Nov-21 Occupational Safety and Health Services and First No evidence of annual medical Provide free annual medical 43 Health Aid checks were present in worker's files. check for all workers. Nov-21 Occupational Safety and Health Services and First No evidence of medical checks for Provide free medical checks Health Aid workers exposed to work-related twice a year, to all workers who hazards were present in worker's files. are exposed to chemical and hazardous substances. Nov-21 Occupational Safety and Health Services and First No evidence of medical checks Provide Free medical checks to Health Aid performed within the first 3 months all workers, within the first three of hiring were present in worker's files. months of hiring. Nov-21 Occupational Safety and Welfare Facilities The eating areas do not have the Provide an eating area that can 43 Health capacity to accommodate all workers. accommodate all workers. Ensure that the social distancing measure of 1.5 meter can be respected. Nov-21 Occupational Safety and Welfare Facilities Water test is not conducted from the Factory must take the water Health proper source. sample for the test from the exit point at the water cooler. Nov-21 Occupational Safety and Welfare Facilities Insufficient number of toilets. Factory needs to increase the 43 Health number of toiles needed to comply with the labor law. Nov-21 Occupational Safety and Working Environment Insufficient light level in various Ensure that light level is 43 Health sections of the workplace. adequate in all sections. [page 128] 128 Nov-21 Occupational Safety and Working Environment Temperature levels are above the Provide à cooling system to 43 Health recommended limit in all sections of ensure that temperature levels the factory. do not exceed 30C, as recommended by Better Work. Nov-21 Occupational Safety and Worker Protection The factory does not check all workers Develop à policy to check all 17 Health and visitors body temperature upon workers’ and visitors’ body entry in a systematic way. temperature systematically. Keep a registry of all persons who present a body temperature of 38C or above. Nov-21 Occupational Safety and Worker Protection The factory did not take the Take the necessary measure to Health appropriate measures to respect respect the social distance of workers’ physical and social 1.5M, as recommended. distancing. Nov-21 Occupational Safety and Worker Protection Improper maintenance of power Perform regular maintenance of Health generator. Improper maintenance of power generator and electrical electrical wiring system. Wiring system. Keep records of maintenance work performed. Nov-21 Occupational Safety and Worker Protection Proper PPE is not provided to all Provide proper PPE to all Health workers in the factory. workers as needed. Monitor the workers to ensure that PPE are used to prevent injuries. Nov-21 Occupational Safety and Chemicals and Eye wash stations are not installed in Install eye wash stations or eye Health Hazardous Substances all sections where chemical and wash bottles in all sections hazardous substances are used. where chemical and hazardous substances are used. Nov-21 Occupational Safety and Chemnicals and The employer did not provide training Provide training to all workers Health Hazardous Substances to workers on chemical handling who are handling chemical and products. hazardous substances. Provide them with proper PPE. Nov-21 Occupational Safety and Chemicals and Chemical Safety Data Sheets (MSDS) Post MSDS were chemicals and 43 Health Hazardous Substances were missing for several chemical and hazardous substances are used. hazardous substances found in the MSDS must be in local language. workplace. Nov-21 Occupational Safety and Chemicals and Unlabeled containers of chemical and Label all chemicals and 43 Health Hazardous Substances hazardous substances found in the hazardous substances properly. workplace. [page 129] 129 Nov-21 Occupational Safety and Chemicals and Inaccurate inventory of chemical and Keep an accurate inventory of all 43 Health Hazardous Substances hazardous substances used in the chemical and hazardous workplace. substances used in the workplace, including quantities available and storage location. Nov-21 Occupational Safety and OSH Management Interview with management Perform a general OSH 43 Health Systems confirmed that the general assessment on a regular basis assessment reports were not available and keep records of the during the assessment visit. assessment so the y can be available when needed. Nov-21 Contract and Human Termination Unused paid leave are not calculated Calculate all paid leave based on 43 Resources based on the average daily salary. the average daily salary. Lunch break payment must be included in the calculation. Nov-21 Compensation Contracting Procedures The assessors noted during the Pay all worker 50 percent above assessment visit that the security the minimum wage for all officers were not paid 50 percent overtime hours worked. above the minimum wage for overtime worked. Nov-21 Compensation Social Security and Other The employer collected but did Pay OFATMA contribution on 43 Benefits forward workers’ contributions to time. Payment must be made OFATMA on a monthly basis. Within the first 10 working days of the current month, for the previous month. Nov-21 Compensation Social Security and Other The employer contribution to Pay OFATMA contribution on 43 Benefits OFATMA is calculated on the basic time. Payment must be made salary. Within the first 10 working days of the current month, for the previous month. Nov-21 Compensation Social Security and Other OFATMA work related accident Pay OFATMA Work related 43 Benefits insurance payment is late. accident insurance on time every year. Submit a salary statement with the payment and keep invoice from OFTAMA. Nov-21 Compensation Social Security and Other The employer collects but does not Pay ONA on a monthly basis, by 43 Benefits forwards workers’ contributions to the 1Oth working day of the ONA on à monthly basis. current month, for the previous month. [page 130] 130 Nov-21 Compensation Social Security and Other The employer contribution to ONA is Pay ONA on a monthly basis, by 43 Benefits submitted late. the 1Oth working day of the current month, for the previous month. Nov-21 Compensation Paid Leave Annual leave payment is not Calculate annual leave payment 43 accurate because itis not calculated based on the average daily on the daily average earnings as salary. Lunch break payment required by the law. must be included in the calculation. Nov-21 Compensation Paid Leave The annual leave payment is not Calculate annual leave payment 43 calculated based on worker's average based on the average daily daily earnings. salary. Lunch break payment must be included in the calculation. Nov-21 Compensation Wage Information, Use Attendance system does not Provide an attendance system and Deduction accurately reflect the total hours that records all working hours worked. accurately. Ensure that all hours worked, including overtime are properly reflected in the payroll. Nov-21 Compensation Overtime Wages Assessors were unable to verify ifthe Provide an attendance system employer pay worker 50 percent that records all working hours above the normal wage for ordinary accurately. Ensure that all hours overtime. worked, including overtime are properly reflected in the payroll. Assessment October 2020- February 2020 Oct-20 Occupational Safety and OSH Management The factory does not have an Develop à checklist to monitor 6 Health Systems appropriate checklist to monitor the system in place. cleaning and disinfection in the workplace. Feb-20 Compensation Paid Leave Workers did not receive their Compensate the workers for 6 maternity leave benefits. their maternity leave. Collect and Forward contribution to OFATMA on time. Feb-20 Compensation Social Security and Other Employer does not pay the required Forward employer's contribution 34 Benefits contribution to ONA in a timely to ONA on time. manner. Feb-20 Compensation Social Security and Other Employer does not forward workers’ Collect and forward workers’ 34 Benefits contribution to ONA in a timely contribution to ONA on a manner. monthly basis. [page 131] 131 Feb-20 Compensation Social Security and Other No evidence of salary statements and Pay 3 percent of mass salary to 34 Benefits payment to OFATMA for work related OFATMA for work related accident insurance. accident insurance. Feb-20 Compensation Social Security and Other Payments were consistently late for Forward employer's contribution The factory completed 34 Benefits OFATMA maternity and health to OFATMA for maternity and payment up to September insurance. health insurance. 2019. Feb-20 Compensation Social Security and Other Payments were consistently late for Collect and forward workers The factory completed 34 Benefits OFATMA maternity and health contributions to OFATMA for payment up to September insurance. maternity and health insurance. 2019. Feb-20 Contract and Human Employment Contracts Workers did not receive à copy ofthe Provide workers with an original Management explained the 19 Resources contracts and did not understand the copy of their employment terms of the contract while terms. contract. providing an original copy. Feb-20 Occupational Safety and OSH Management Management does not consistently Perform an assessment of 34 Health Systems perform a assessment of general general occupational safety and occupational safety and health issue. health issue on a regular basis. Feb-20 Occupational Safety and Chemicals and Chemicals products were not properly Label all chemicals and Management used new 34 Health Hazardous Substances labelled. hazardous substances properly. containers that were properly labelled for the SO-32 machine oil. Feb-20 Occupational Safety and Chemicals and Improper storage of dangerous Store chemicals and hazardous 34 Health Hazardous Substances chemical. substances in an appropriate location. Feb-20 Occupational Safety and Chemicals and MSDS were not posted in the Post MSDS were chemicals and MSDS were posted in the 34 Health Hazardous Substances mechanic shop were chemicals and hazardous substances are used. mechanic shop at the time of hazardous products are being used. the assessment visit. Feb-20 Occupational Safety and Working Environment Workplace temperatures exceeded Keep the temperature level at a 34 Health the recommended limit of 30 C in maximum of 30 C. most sections of the workplace. Feb-20 Occupational Safety and Working Environment Noise level exceeded the Keep noise level below 90 db. 34 Health recommended limit of 90 dB in the sewing sections. [page 132] 132 Feb-20 Occupational Safety and Working Environment Light levels were inappropriate in all Ensure that light level is 34 Health the working sections. adequate in all sections. Feb-20 Occupational Safety and Welfare Facilities Insufficient number of toilets for Increase the number of toilets 34 Health women. for the workforce. Feb-20 Occupational Safety and Welfare Facilities Several hand washing facilities were Provide soap in the hand The factory has appointed a 19 Health missing soap. washing facilities. person to monitor the availability of soap. Feb-20 Occupational Safety and Health Services and First No documentation was provided as Provide free annual medical OFATMA started to provide the 34 Health Aid evidence of systematic health checks check for all workers. medical checks. of workers. Feb-20 Occupational Safety and Health Services and First First aid boxes were missing the Verify first aid boxes and replace 19 Health Aid required inventory list and supplies. missing items. Feb-20 Occupational Safety and Emergency Preparedness Last emergency drill was conducted Conduct at least one fire drill Management shared proof that 34 Health in June 2019. every 6 months. another drill was performed on December 2019. Feb-20 Occupational Safety and Emergency Preparedness Workers were not adequately trained Train all workers in emergency 19 Health on fire emergency preparedness. preparedness. Communicate all relevant procedures to the workers. Feb-20 Working Time Regular Hours Factory's working hours for all shifts Post the factory's working hours Management posted the 19 including break time are not posted. for all shifts where all workers working hours on the floor could see. during the assessment visit. Feb-20 Working Time Leave Workers in the cutting section did not Provide 15 consecutive days of 19 enjoy 15 days of annual leave as annual leave to all workers as required by the law. required by law.. [page 133] 133 BETTER WORK HAITI - 23RD SYNTHESIS REPORT . Factory: Haiti Premier Apparel S.A. Location: Port-au-Prince Number of workers: 1080 Date of registration: Sep-16 Date of last two Better Nov-19 Nov-21 Work assessments: Advisory and Training Services 24-Sep-21 Bipartite committee meeting Meeting with the Bipartite committee on the self diagnosis process. 24-Sep-21 Advisory meeting Virtual meeting with breast feeding and pregnant women on working hours. Meeting with the compliance team to review the improvement plan: Social security, Covid 19 Procedure. Session on HR management systems. 27-Aug-21 Training Virtual training on Emergency Preparedness. 30-Jun-21 Bipartite committee meeting Virtual meeting on Grievance mechanism. 30-Jun-21 Advisory meeting Session with the compliance team on Boiler Safety. 21-May-21 Advisory meeting Virtual OSH tour : Emergency preparedness. Meeting with the compliance team to validate pending issues on the improvement plan. Document reviews: Water test, training records, annual leave, sick leave. 21-May-21 Bipartite committee meeting Meeting to explain how to develop à grievance procedure, then verify improvements in terms of emergency preparedness, protective equipment and chemical management inventory. 9-Apr-21 Advisory meeting Meeting with the bipartite committee. Documentation review : Internal work rules, compensation, OSH policy and COVID-19 policy. 9-Apr-21 Bipartite committee meeting Meeting to review the committee priorities and training needs. 3-Dec-20 Advisory meeting Virtual advisory meeting with management to explain how to implement an OSH monitoring system and regular checks. 5-Nov-20 Advisory meeting Virtual advisory meeting with management. Discussion was on updates and concerns. Virtual bipartite to discuss an accident that happened in front of the factory's gate. 2-Oct-20 Advisory meeting Virtual meeting with Management to follow up on ONA and OFATMA. Meeting with the bipartite committee on leave and to validate the improvement plan. Virtual meeting with union on social dialogue inside of the factory. ASSESSMENT COMPLIANCE CLUSTER COMPLIANCE POINT DETAILS OF NON COMPLIANCE IMPROVEMENT PRIORITIES REMEDIATION EFFORTS MONTHS Assessment November 2021 Nov-21 Working Time Regular Hours Pregnant women do not have Develop a procedure for 1 additional systematic breaks. additional breaks. Nov-21 Working Time Regular Hours The regular working hours are from Revise the internal regulations 1 7:00 AM to 3:30 PM (6) days per and make sure that the regular week, which is equivalent to 8 hours do not exceed 48 hours per hours per day and 51 hours per week. week. [page 134] 134 Nov-21 Occupational Safety and Emergency Preparedness Improper location of a power Relocate power outlet in a proper Training has been conducted. 1 Health outlet, right below an eyewash location or relocate eye wash station. station. Nov-21 Occupational Safety and Emergency Preparedness The escape routes are not clearly Paint evacuation arrows and The floor has been repainted. 25 Health marked in all the buildings. yellow lines on the floor to show the exit pathway. Nov-21 Occupational Safety and Health Services and First Insufficient medical staff. Hire additional medical staff to 53 Health Aid have at least 6 nurses for the current workforce and 3 doctor's visit per a week. Nov-21 Occupational Safety and Health Services and First workers have not received Discuss the legal requirements 53 Health Aid appropriate annual health checks with the General Manager. Pay as prescribed by the law. the health card. Provide free annual health checks to all iarbare Nov-21 Occupational Safety and Health Services and First Nevwly hired workers do not Discuss the legal requirements 1 Health Aid received the health cards within with the General Manager the first 3 month of hiring. Pay the health cards. Nov-21 Occupational Safety and Welfare Facilities Insufficient number of toilets for Increase the number of toilets to 53 Health men and women. have at least one toilet for every 25 men and one toilet for every 15 women. Nov-21 Occupational Safety and Working Environment Light level is insufficient in all Increase the light level to reach 53 Health sections. 300 lux in Pressing section, 500 lux in Sewing, cutting, packing. 750 lux in trimming, Inspection section Nov-21 Occupational Safety and Working Environment Workplace temperature exceed 30 Increase the ventilation with 1 Health € in all sections. additional fans. Conduct regular measurement of temperature & compare with threshold value. Nov-21 Occupational Safety and Worker Protection Visitor's body temperature is not Check all workers and visitors The factory has implemented 1 Health checked consistently. temperature at the entrance a registry for people keep a registry for people presenting à temperature presenting à temperature of 38 C above 38 C. and ahove Nov-21 Occupational Safety and Worker Protection Several sewing machines were Develop a maintenance plan and 1 Health missing the finger guards. install guards on all dangerous moving parts of machines and equipment. Nov-21 Occupational Safety and Worker Protection Several chairs were missing back include this aspect in the daily 1 Health rest and several others were in and weekly checks. Provide poor condition. chairs with backrest to all workers. [page 135] 135 Nov-21 Occupational Safety and Worker Protection Proper personal protective Provide employees with all 53 Health equipment are not provided to all necessary personal protective workers. clothing and equipment according to PPE regulation. Nov-21 Occupational Safety and Chemicals and Unlabeled containers of chemical Develop a policy on chemical 25 Health Hazardous Substances and hazardous substances found management and include this in the workplace. aspect in the daily and weekly checks. Label all containers of chemical products. Nov-21 Occupational Safety and Chemicals and incomplete and Inaccurate Develop a chemical management 31 Health Hazardous Substances inventory of chemical and policy. Review and update the hazardous substances. inventory regularly. Nov-21 Contracts and Human Termination The calculation of workers’ bonus Discuss legal requirements with 1 Resources payment upon termination does the General Manager and pay the not include the lunch break lunch break. payment. Nov-21 Contracts and Human Termination The calculation of unused paid Discuss legal requirements with 1 Resources annual leave payment upon the General Manager and pay the termination does not include the lunch break. lunch break payment. Nov-21 Contracts and Human Termination The calculation of the applicable Discuss legal requirements with 1 Resources notice period payment does not the General Manager and pay the include the lunch break payment. lunch break. Nov-21 Contracts and Human Employment Contracts Workers' contracts do not include Review all contract to include the 1 Resources all the necessary elements of a necessary elements. written contract such as nature of Provide an employment contract work, benefit and employer's to all workers. signature. Nov-21 Compensation Social Security and Other The calculation for the annual Discuss legal requirements with 1 Benefits salary supplement or bonus does the General Manager, pay the not include the lunch break lunch break and include it in the payment. calculation for the annual salary supplement. Nov-21 Compensation Social Security and Other The employer does not collect and Pay the lunch break. Register 53 Benefits forward workers contribution to with OFATMA for maternity and OFATMA for maternity and health heath insurance. Collect and insurance. forward workers contribution to the social security institution. [page 136] 136 Nov-21 Compensation Social Security and Other The employer does not contribute Discuss legal requirements with ES Benefits 3 percent of workers’ basic salary the General Manager, pay the to OFATMA for maternity and lunch break and contribute 3 health insurance. percent of workers’ basic salary to the social security institution. Nov-21 Compensation Social Security and Other The factory has not shared proof Pay OFATMA work related 63 Benefits of payment to OFATMA for work- accident on time. related accident insurance for the fiscal year 2020-2021. Nov-21 Compensation Social Security and Other Worker's contributions to ONA are Pay the lunch break and Forward 32 Benefits not submitted on time workers contribution to ONA consistently and do not include Within the first 10 business days the lunch break payment. of the next month for the previous month. Nov-21 Compensation Social Security and Other Employers contributions to ONA Pay the lunch break and Forward 32 Benefits are not submitted on time employer contribution to ONA consistently and do not include Within the first 10 business days the lunch break payment. of the next month for the previous month. Nov-21 Compensation Paid Leave The factory did not pay annual Pay the lunch break and include 1 leave, Sick leave, maternity leave it in the calculation of annual and the daily break correctly. leave, sick leave and maternity leave. Nov-21 Compensation Paid Leave The lunch break is not Pay the lunch break. 1 compensated in the payroll. Nov-21 Compensation Paid Leave Workers are paid 6 weeks of Register with OFATMA for 47 maternity leave when they are maternity and health insurance entitled to 12 weeks of payment. and pay the lunch break. Ensure that workers receive 12 weeks of payment for maternity leave. Nov-21 Compensation Paid Leave The calculation of payment for sick Pay the lunch break and include 1 leave does not include the lunch it in the calculation of sick leave. break payment. Nov-21 Compensation Paid Leave The daily break is not Pay the lunch break and include 1 compensated and included in the it in the calculation of annual calculation of the annual leave leave. payment. [page 137] 137 Assessment October 2020 - November 2019 Oct-20 Occupational Safety and OSH Management The factory does not have an Develop an adequate COVID-19 The company is reviewing the Health Systems adequate COVID-19 protocol that protocol with all the relevant COVID-19 policy. includes all the relevant elements. elements as per Better Work Haiti's guidelines. Nov-19 Compensation Paid Leave The factory has not registered with Register with OFATMA for OFATMA for maternity and health maternity and health insurance insurance. to ensure that workers receive 12 weeks payment for maternity leave Nov-19 Compensation Social Security and Other Inaccurate and late payments of Pay ONA on time. Forward 6 % Benefits employer's contributions to ONA. of workers base salary to ONA for employer's contribution. Nov-19 Compensation Social Security and Other Inaccurate and late payment of Pay ONA on time. Forward 6 % Benefits workers’ contributions to ONA. of workers base salary to ONA for the workers’ contribution. Nov-19 Compensation Social Security and Other Payment to OFATMA for work Complete the payment for the Benefits related accidents insurance was fiscal 2018-2019. late and inaccurate. Nov-19 Compensation Social Security and Other Factory has not registered with Register with OFATMA for Benefits OFATMA for maternity and health maternity and health insurance insurance. and forward employer's contribution. Nov-19 Compensation Social Security and Other Factory has not registered with Register with OFATMA for Benefits OFATMA for maternity and health maternity and health insurance insurance. and forward workers’ contributions. Nov-19 Occupational Safety and OSH Management No construction/building permits Have an evaluation from an Health Systems were available at the time of independent qualified entity to assessment. ensure that the building is safe. Nov-19 Occupational Safety and Chemicals and Incomplete inventory of chemical Keep a complete and accurate Factory listed all the Health Hazardous Substances and hazardous substances. inventory of all chemical and chemicals used in the hazardous substances used in workplace and included them the workplace. in separated chemical inventory depending on their nurnose. Nov-19 Occupational Safety and Chemnicals and Improper labelling of chemical Label the chemical containers Training has been provided Health Hazardous Substances products containers. properly. and containers are properly labelled. [page 138] 138 Nov-19 Occupational Safety and Chemicals and Improper storage of chemical and Store chemicals in à appropriate Health Hazardous Substances hazardous substances. location. Nov-19 Occupational Safety and Chemicals and Several material safety data sheets Translate MSDS into local All MSDS are translated and Health Hazardous Substances were not displayed in the local language and post where needed. posted where chemicals are language. used and stored. Nov-19 Occupational Safety and Worker Protection Workers in several areas of the Provide necessary protective PPE have been provided to Health workplace were not using proper equipment to workers where workers. PPE, needed. Nov-19 Occupational Safety and Worker Protection Standing workers in several Provide foot rest or ergonomic Management replaced Health sections of the workplace did not mats to all standing workers. damaged mats. All standing have anti fatigue mats nor the workers are provided with footrest . mats. Nov-19 Occupational Safety and Working Environment Insufficient light levels in several Ensure that light level is Health sections of the workplace adequate in all section especially in the inspection section of building one and the sewing of building 2. Nov-19 Occupational Safety and Working Environment Dust observed on the surface of Clean all electrical equipment Health sewing machines, electrical panels regularly. and on fans. Clean sewing machines regularly. Nov-19 Occupational Safety and Welfare Facilities Insufficient number of toilets Increase the number of toilets Health available for women. available for women. Nov-19 Occupational Safety and Health Services and First Annual medical checks are not Provide free medical checks to all Management has contracted Health Aid provided to workers. workers annually. DASH for medical checks to workers. In addition, onsite medical staff is in charge to provide medical checks. Nov-19 Occupational Safety and Health Services and First Insufficient number of nurses. Increase the number of nurse to Health Aid seven. Nov-19 Occupational Safety and Emergency Preparedness Unmarked escape routes. Repaint the escapes routes. The factory repainted the Health escape routes within the sewing floors. Nov-19 Occupational Safety and Emergency Preparedness Improper storage of flammable Store the chemical in an Health products. appropriate and safe place. [page 139] 139 BETTER WORK HAITI - 23RD SYNTHESIS REPORT Factory: HANSAE HAITI S.A Location: Port-au-Prince Number of workers: 2678 Date of registration: Jan-17 Date of last two Better Jun-19 Feb-21 Work assessments Advisory and Training Services 1-Sep-21 Virtual advisory meeting Meeting with management on new union committee SOTA. Discussion on legal requirements. EA recommend factory to request a meeting with new committee. 21-Aug-21 Training Virtual HIV/AIDS 2-Jul-21 Virtual advisory meeting Meeting with management on improvement plan and social dialogue as a new union committee sent a notification to the management. Meeting with PICC meeting on new committee and social dialogue. 25-May-21 Training Virtual Learning Seminar on Chemical Management Systern. 13-May-21 Training Virtual Sexual Harassment Awareness and Prevention for Middle Management 12-May-21 Training Virtual Sexual Harassment Awareness and Prevention for Supervisors: T-May-21 Training Virtual Sexual Harassment Awareness and Prevention for Workers 5-May-21 Training Virtual training Covid-19 Emergency Preparedness. 7-Apr-21 Virtual advisory meeting Virtual meeting with the management on Road map and priorities and review of assessment exit meeting. Virtual bipartite meeting on recruiting procedures, grievance handling and rules for committee members. TI-Mar-21 Virtual advisory meeting Virtual meeting with management to discuss risk register and preventive action. Virtual bipartite committee meeting with pregnant women to discuss Access to care services and feedbacks. 5-Mar-21 Training Virtual Industry Seminar on ILO Conventions 87 and 98. 4-Mar-21 Training Virtual Webinar on Covid-19 Human Resources Management (HRM). 3-Mar-21 Training Virtual training Covid-19 Emergency Preparedness. 16-Feb-21 Virtual advisory meeting Virtual meeting with management to discuss 2020 performance and advisory priority and roadmap 2021. Bipartite committee meeting where management and workers’ representative share their concerns on issues that needs immediate attention such as OFATMA cards, OSH issues and leave passes. ASSESSMENT COMPLIANCE CLUSTER COMPLIANCE POINT DETAILS OF NON COMPLIANCE IMPROVEMENT PRIORITIES REMEDIATION EFFORTS MONTHS Assessment February 2021 Feb-21 Occupational Safety and Health Emergency Evacuation drills were not performed twice a Conduct an emergency dril every 6 months. The evacuation dill was conducted on March 6, 2021 29 Preparedness year. Feb-21 Occupational Safety and Health Emergency Emergency doors are not accessible (locked) Keep emergency exits unlocked during working hours - Emergency doors unlocked 13 Preparedness during working hours. - Evacuation plan elaborated - Workers are trained Feb-21 Occupational Safety and Health Emergency Evacuation map does not reflect the layout of Update the evacuation map to reflect the layout of the building, Evacuation map available and route are marked 23 Preparedness the building. Feb-21 Occupational Safety and Health Health Services and First _ Insufficient number of nurses Hire more nurses to comply with the labor code. 2 two more nurses were hired. 29 Aid Feb-21 Occupational Safety and Health Working Environment Temperature exceeded the recommended Ensure that the temperature levels do not exceed 30 C in all production Cooling system issues has been addressed. For all section the 35 level of 30C in all sections of the workplace. department. temperature level is in compliance with the requirement. Feb-21 Occupational Safety and Health Worker Protection Workers' body temperature checks are not Systematically check all workers body temperature upon entry and re-entry. a system of body temperature checking implemented upon entry, 18 done consistently during entry and re-entry re-entry and after lunch break. after the lunch break Feb-21 Occupational Safety and Health Worker Protection Gloves were not available in the mechanic Provide gloves to mechanic shop workers. The compliance team already provided the gloves to the mechanic 13 shop. shop and the workers are trained on the use of PPE. [page 140] 140 Feb-2 Occupational Safety and Health Chemicals and Eyewash stations are not installed is several Ensure that eye wash stations are available where chemical and hazardous Factory already installed all the eyes wash station andtraininghave 13 Hezardous Substances areas where chemical and hazardous substances are used or stored. been provided to the workers. substances are used Feb-21 Occupational Safety and Health Chemicals and Several hazardous chemicals were found Ensure safety data sheets are available for all chemicals in used in the The compliance team elaborated the MSDS and set up new 35 Hazardous Substances without safety data sheets. workplace. MSDS must be in local language. inventory process. Workers involved in chemical. were trained on My 2021 Feb-21 Occupational Safety and Health Chemicals and Unlabeled containers of chemical and label all containers of chemical and hazardous substance used in the The Compliance team already identified the container, also à 35 Hazardous Substances hazardous substances found in the workplace. … workplace. training on chemical handling was provided on May 2021 to the workers at the boiler room. Feb-21 Occupational Safety and Health Chemicals and The chemical inventory did not include the Keep an accurate inventory The chemical list is completed and updated, The compliance team 29 Hazardous Substances name of all chemicals used in the workplace. is implementing a system, using the purchase list to update the chemical inventory list. Feb-21 Contract and Human Resources Contracting Procedures Working contract for nurses does not include Include the agreed salary on nurses' contract. The HR Team already corrected all the contract 1 the salary. Feb-21 Contract and Human Resources Employment Contracts The internal work rules are missing the working _ Ensure that internal rules and regulation cover working hours, break time and We sent a letter with our operation hour policy, and it is approved 13 hours, break time and payment time. payment time and is approved by MAST. by MAST. Assessment October 2020- June 2019 Oct-20 Occupational Safety and Health Worker Protection Missing record for training and/or awareness _ Provide content, participant list and dates of trainings provided. Hansae Haiti S.A keep a registry for all persons who present at the conducted on the measures adopted to facility prevent the risks of exposure to COVID 19 Please refer to the attached registry for all persons who present at the facility with their respective temperature Oct-20 Occupational Safety and Health OSH Management the factory does not keep a registry for all keep a registry for all persons who present a temperature of 38C and above Factory record workers’ daily temperature on a register and do a Systems persons who present a temperature of 38C proper follow up for all persons who present a temperature of 38C and above. and above. Jun-19 Contract and Human Resources Termination Unfair termination of workers. Reinstatement with back pay of the remaining 25 terminated workers: Management met with the union representatives and reached an agreement since the 25 terminated employees and the union request the termination payment, and not the return. The 25 workers received their termination benefits and confirmed on a signed statement that they were That they were satisfied with the monetary compensation received for the breach of contract with the factory. [page 141] 141 un Contract and Human Resources Termination Two pregnant women terminated without First case, the employee gave a death threat to her supervisor through her 1. The factory already reinstated the two pregnant women and all prior notification ta Ministry of Labor. husband at the entrance of the industrial zone after she was suspended off-work day have been paid. Brutus Venette and Cherestal After such threatening, there was meeting between the worker and HRteam Vanette start again to work on 9/9/2019. she accepted to be terminated. During the whole process, she had not 2. Factory has made termination procedure and checklist not to notified her pregnancy ta factory. The Second case, factory recognized her miss notifying to local labor office before termination workers pregnancy through hospital certificate for miscarriage dated on May 22 which _ including pregnant workers was 1 day later than the termination decision date and submitted this 3. Factory posted notice for benefits toward pregnant workers and certificate to company on May 23 to get the hospital cost through health informed to all the employees this notice : Any women who feel insurance, Annual leave was not requested by employee, but BW assessor any symptoms of pregnancy, please check your private doctor and misunderstood doctor certificate to take 15 days of rest as annual leave and … bring the certificate at the clinics to benefits al this advantage. wrote on the report wrongly. Both cases HR team did not know they were: Breaking hours. pregnant women because they did not hand in the certificate. To prevent + Maternity leave similar cases in the future, factory will enhance its procedures like below; 1. - Transfer to another workstation in case of discomfort. The factory HR has implemented a monitoring system which will require the: Prenatal training. factory to follow the correct step of sending notifications to the local labor … - Chair provided to pregnant women in standing position as bureau(MAST) before termination of workers including pregnant workers. 2. needed Factory team will use the checklist for dual controls by two members of HR 4. Factory trained pregnant about their benefits and also reminded management staff to ensure compliance with said procedures in case of them about the importance of brining the medical certficates. employee termination. 3. Factory will offer reinstatement to both workers if 5. Factory conducted training for supervisors and HR personnel on they desires. 4. Factory has made a notice for benefits toward pregnant labor code requirements related to pregnant termination. workers and informed to all the employees so that pregnant employees could voluntaril notify to factorys HR team in early pregnancy. Jun-19 Contract and Human Resources Leave About 300 workers did not received the Factory wil provide full annual leave to workers in 2019 required 15 days of annual leave after one year Executive manager is working on with factory managers to make an of service. accurate line schedule so that we can finish on time. Jun-19 Working Time Regular Hours The regulars hours are over 48 hours. 1. Factory will discuss with BW team to keep old law on working hour. A meeting with the Better work advisor is in process. 2. If factory could not keep the old working hour policy, factory wi revise working hour and break time like below; 1) Modify normal working hours from 7 am to 3 pm including a paid lunch break 2) Compensate 3 pm-4 pm as overtime. Jun-19 Occupational Safety and Health Chemicals and Leak of diesel observed in the boiler room in 1. Conduct OSH assessment on a regular basis 1. The pipes carrying the diesel into the boiler was fixed to stop the Hazardous Substances one building, 2. Have maintenance team fix leakage. leakage by the maintenance team Jun-19 Occupational Safety and Health Emergency One fire dill conducted on a yearly period. TL Establish a calendar of planned fire dills for all modules 1. Factory conducted fire drlls on July 3Oth 2019. Preparedness 2. Communicate plan at all levels of management 3. Follow up and execute drils every six months as required Jun-19 Occupational Safety and Health Emergency During the factory tour assessors noticed the 1. Factory has removed all obstacles from aisles of building 1 and 50. The compliance team already meet with the OSH committee Preparedness following issues: 2. Factory has developed procedures to include OSH members to discuss preventive action regarding obstruction of - Evacuation routes were obstructed by several committee members in ensuring routes are cleared aisles routes trolley of fabrics in the packing area of building 3. Factory will conduct daily random checks to ensure that routes are free. 1 - Escape route were not accessible in the packing area of building 50 Management indicated that it would trace evacuation routes in the packing area and ensure that access remains free Jun-19 Occupational Safety and Health Emergency Atthe time of the assessment visit, assessors 1. The administration immediately updated the evacuation plan. The executive manager take the commitment to inform the Preparedness found that the evacuation plan did not show 2. f there any change in factory layout, factory management team will compliance team for any change at the evacuation Map the location of the assembly area in building 1. inform to the relevant teams to make evacuation map as well as compliance team. 3. Factory's compliance team will monitor the evacuation maps if it reflects latest layout. [page 142] 142 sun Occupational Safety and Health Emergency During the assessment visit assessors 1. The factory has placed the brackets and properly placed all fire Regular factory tours is done, to check fire extinguishers pressure Preparedness observed that several fire extinguishers were extinguishers on them. The factory has also removed all obstacles around not properly mounted. Access to a fire fire extinguishers extinguisher was obstructed by boxes in the Regarding overcharged fire extinguishers, the factory has replaced all mechanic warehouse of building 1. In addition overcharged ones with new ones. three fire extinguishers were overcharged in 2. The factory compliance team will check all workshops to make sure all fire the same building and two fire extinguishers fighting equipment are free from obstacles and ensure all fire extinguishers were not identified in building 21. are properly charged through weekly check Jun-19 Occupational Safety and Health Health Services and First Assessors' observations and statements by 1. The administration will hired more nurses during this year to comply with Aid management staff and workers confirmed that _ the Haïtian labor code, and will continue to hired more nurses according to We have hired 3 nurses already on 16-July and 2-Sep. the factory has 4 nurses and 3 Doctor visit. the numbers of workers at the facility or in case of expansion. To comply with the Haïtian Labour Code, a factory of this size must have a permanent onsite medical service, with at least 10 nurses. Jun-19 Occupational Safety and Health Worker Protection Worker's interview revealed despite a note 1. Factory will follow doctor recommendation and transfer pregnant women The factory immediately re-assigned the pregnant worker to other from the doctor of the factory who to adequate workstation sections and the factory also provided PPE for all those workers recommended to allocate to a pregnant 2. Factory will complete internal training addressing safety and health risks who operates how stamping machines woman another workstation, the employer did to pregnant or nursing workers according to Art. 328, 330(c) of the Labour The factory pas posted a notice for benefit for pregnant worker so not offer different work to the pregnant Code that pregnant workers could inform to HR team in earlier stage and woman. In addition, two pregnant women could work in safety environment. were exposed to high temperatures coming from the hot stamping machine without proper PPE. Management said they will follow up on these issues. Jun-19 Occupational Safety and Health Welfare Facilities Atthe time of the assessment, soap was not 1. The administration team has distributed liquid soap at each bathroom on a _ We already starting to check on daily basis with check-list at the available in the men's bathroom of building weekly basis to avoid any shortage and cleaners wil refill the soap in case of bathroom area for control on the cleanliness, liquid soap shortage, 50. Management said they have liquid soap in shortage. non functional toilets etc. stock so they will ensure that soap are 2. À checklist have been elaborated and posted at the toilets area for control available. on daily basis by the compliance team. Jun-19 Occupational Safety and Health Working Environment The level of lighting in the workplace is not 1. Factory will install more lamps at the requested area The illumination monitoring report is already done as requested acceptable 2. Factory QA factory evaluation team will check with mobile lux meterto by Better Work each section are included! Building 50 monitor the lux monthly as requested by Better Work for each section. Maintenance team will get the quotation of material(additional Sewing section- 311 Lux light) Quality section- 1559 Lux Packing section- 183 Lux Building 1 Sewing section- 492 Lux Quality section- 1481 Lux Better Work recommends a minimum of 300 lux for this section: Pressing section Better Work recommends a minimum of 500 lux for these sections: Sewing, cutting, packing Better Work recommends a minimum of 750 lux for these sections: Trimming, Inspection Jun-19 Occupational Safety and Health Working Environment Assessors measured the workplace 1. The maintenance team has been fixed the temperature as requested by The temperature monitoring report is already in use , and the temperatures as follows: Better work to be maintained not to exceed 30°C. compliance team will monitor 4 times a day AtT:00 Am Building 50 2. For preventive action the compliance team will monitor 4 times a day the -Luminosity was measured in lines 30 and 22 of building Lin the Outside temperature was 33.3 C temperature for any adjustment by the temperature change packing section and, lines 7, 14 of building 50. All were above 500 Quality section- 32.8 C LUX Packing section - 316 C - Temperatures were below 30 C in the quality, packing and Sewing section - 32.6 sewing sections of building 50. Please note that measurements AtT:30 Pm Building 1 were taken at 11:30 am during the cooler month of December. Sewing section- 28.2 Factory needs to ensure sustainability of workplace temperature Quality section - 28.6 during hotter periods; (APRIL-AUSGUST). Better work recommends a temperature below 30C [page 143] 143 sun Occupational Safety and Health Chemicals and During the factory tour several hazardous 1. Factory has re-posted all missing MSDS. The MSDS column has been already added to the chemical Hazardous Substances chemicals were found without chemical safety 2. Factory compliance team will regularly monitor and make sure all MSDS _inventory list data sheets. These substances included: WD are posted for all chemical products. 40, leak seal, ink solution, lubricant clipper 3. Factory compliance team also trained all workers handling chemical blade lube in the mechanic accessories room products regarding labeling issue. of building 1. In the same building MSDS were 4. Factory will make sure all labels do not get damaged and make sure to missing for FH 2000 in the spot cleaning, also replace them in case they are ripped off. for KP4 and clipper blade lube in the mechanic _ 5. For preventive action : Factory has added MSDS column on the Chemical workshop. Management said it would take inventory list to track all chemical to be with MSDS. measures to post MSDS for all chemicals in use. Jun-19 Occupational Safety and Health Chemicals and During the factory visit, assessors noticed two 1. Factory has re-posted all missing MSDS. The MSDS column has been already added to the chemical Hazardous Substances unlabeled container of machine oil, one inthe 2. Factory compliance team will regularly monitor and make sure all SDS inventory list chemical warehouse of building 50 and the are posted for all chemical products. other ane in the mechanic workshop of 3. Factory compliance team also trained all workers handling chemical building 21 . Also, assessors observed an products regarding labeling issue. unlabeled container of KP4 in the mechanic 4. Factory will make sure all labels do not get damaged and make sure to workshop of building 1. Management stated replace them in case they are ripped off. that labels would be placed shortiy. 5. For preventive action : Factory has added MSDS column on the Chemical inventory list to track all chemical to be with MSDS. Jun-19 Occupational Safety and Health Chemicals and The factory keeps an inventory of chemicals. Factory has updated the new chemical inventory list, for preventive action : The factory updated the new chemical inventory list, the Hazardous Substances However, at the time of the assessment visit, 1- All purchase of chemical must notifÿ to the chemical warehouse implementation of preventive action is in progress. the chemical inventory did not include the supervisor and Compliance manager name of all chemicals used in the workplace 2 -All MSDS should be available before the delivery of the chemical to be such as : Neutralizador, Mastic, motor Oil, aware ofthe method of transportation Boiler water treatment, BCT 200, Gasoline, 3 -During the delivery the chemical warehouse supervisor and compliance Thinner, water for battery. Management said officer have to labelled all the chemical and provide onsite training to the that chemicals are stored in different locations workers and the person in charge of the main inventory … 4-All chemical purchased and stocked must have an inventory an proper was absent. MSDS Jun-19 Occupational Safety and Health Social Security and The factory completed a payment to OFATMA 1. HR manager already communicated to OFATMA the mistake on the initial HR. Manager visited to the office of OFATMA on 20-Aug for follow Other Benefits for work-related accident. However, the issues and waiting the evidence from OFATMA. up the documents. cause of the insecurity at the street , he payment was made after the deadline given to 2. For preventive action a follow up monitoring system will be implemented … planned next week to visit OFATMA. the factory. Furthermore, the amount paid was | including : elaboration of a checklist with the schedule of payment, a However as of Sep 21, factory still couldn't get the corrected pay different than the one displayed on the original reminder before 2 days for the OFATMA payment, invoice verification. slip from OFATMA. invoice. Management explained that they communicated with OFATMA of a mistake in the initial invoice. The factory failed to provide OFATMA' response regarding the accuracy of the invoice at the time of the assessment visit. Jun-19 Compensation Wage Information, Use Management and workers confirmed that in 1. Factory is recommended to conduct training on the Transparency and 1 Executive manager is working on with factory managers to make an and Deduction December 2018, nearly 300 workers came to accurate record" to factory manager and supervisors, accurate line schedule so that we can finish on time. work for 4 2. Factory will ensure that workers enjoy 15 full The record on paid leave is already in use by the management days, after the official departure date on days of vacation for calendar year going fonward annual leave and were paid on the last day on In order to facilitate the effective implementation of the provisions on paid 1 Company has made a commitment letter to keep only 1 accurate Saturday, leave, the administration will keep and monitor every month these record: record for transparency. December 22nd upon strong request from a) the date of entry into service of its staff and the duration of paid annual 2. Factory top managements also discussed with the factory workers to pay by cash. The company kept leave to which each employee is entitled managers to make an accurate line schedule so that no need to Separate payroll to b)the date on which each employee benefited from her annual leave work on annual leave days: record the hours worked which were not ©) the remuneration received by each employee for the duration of annual 3. The administration will keep monitor the relative records every carried forward to the next payroll made in leave; month to ensure transparency. January 2019. The management has promised to integrate this information in the payroll for inclusion in the next payment of the bonus and annual leave. [page 144] 144 BETTER WORK HAITI - 23RD SYNTHESIS REPORT ., Factory: Horizon Manufacturing S.A. Location: Port-au-Prince Number of workers 425 Date of registration: Sep-09 Date of last two Better Jul-19 Sep-21 Work assessments: Advisory and Training Services Sep-21 Advisory meeting Meeting with management on improvement plan. Meeting with Union committee on pending concerns. Jul-21 Advisory meeting Discussion with management on improvement plan status. Discussion was also on specific complaints receive from workers to verify the remediation and employer's version. May-21 Advisory meeting Meeting with trade unions SOTA and GOSTTRA to discuss working conditions at the factory. Discussions about payment for social security benefits, factory's financial situation and OSH priorities. Apr-21 Advisory meeting Meeting to discuss improvement plan and remediation. Discussion was also on decreased orders and plan to reduce the workforce. Discussion with union member regarding the factory's financial situation. Mar-21 Advisory meeting Meeting regarding improvement plan and evidences to be sent by factory. Discussion regarding strike that occurred in February and documents to be shared by the factory. Jan-21 Advisory meeting Meeting to discuss advisory plans for 2021, priorities and timeline for remediation Nov-20 Advisory meeting Meeting with factory on improvement realized, challenges and opportunities. Oct-20 Advisory meeting Meeting with management on the Covid 19 protocol, virtual training and the factory's technological challenges. Discussions with GOSTTRA union members regarding communication problems with the factory. ASSESSMENT COMPLIANCE CLUSTER COMPLIANCE POINT DETAILS OF NON COMPLIANCE IMPROVEMENT PRIORITIES REMEDIATION EFFORTS MONTHS Assessment October 2021 Sep-21 Working time Regular Hours No additional breaks for pregnant provide pregnant women with 3 workers. the additional legal breaks, as mandated by law. Sep-21 Occupational Safety Emergency Preparedness Less than 10 percent of the workforce Ensure to have 10 percent of the 3 and Health trained in fire fighting. workforce trained on the use of firefighting equipment. Sep-21 Occupational Safety Emergency Preparedness Workers interviewed revealed that Conduct the fire drill on due time 3 and Health they were unaware of the current risks and post the emergency at the factory and were not prepared evacuation procedure on the to respond to workplace emergencies. floor. [page 145] 145 Sep-21 Occupational Safety Emergency Preparedness The factory did not take steps to Fix the diesel leak in the boiler 3 and Health control potential sources of ignition. room. Post warning signs where necessary and have adequate written procedures for the boiler room Sep-21 Occupational Safety Emergency Preparedness No fire drill conducted during the past Conduct a fire drill every six 25 and Health 12 months. months. Sep-21 Occupational Safety Emergency Preparedness The alarm system was not working, Ensure that the alarm system is 3 and Health properly working, Sep-21 Occupational Safety Health Services and First Aid The total number of workers trained Train 10 percent of the workforce 3 and Health in first aid is less than 10 percent of in first aid. the workforce. Sep-21 Occupational Safety Health Services and First Aid Three first aid boxes were missing Ensure that first aid boxes have 3 and Health medical supplies necessary items. Sep-21 Occupational Safety Health Services and First Aid No medical checks were not Provide free health check to all 51 and Health performed for workers. workers once à year. Sep-21 Occupational Safety Health Services and First Aid No medical checks for workers Provide free health check twice a 25 and Health exposed to chemical and hazardous year to workers who are exposed substances. to chemical and hazardous substances. Sep-21 Occupational Safety Health Services and First Aid No medical checks performed within Ensure that newly hired workers 25 and Health the first 3 months of hiring. receive the health card and a health check within the first 3 months of hiring . Sep-21 Occupational Safety Welfare Facilities The eating areas do not have the Ensure that the eating area can 3 and Health capacity to accommodate all workers. accommodate all the workers with the distance requirements. Sep-21 Occupational Safety Welfare Facilities The water test was not performed on Conduct a water test on a 3 and Health a monthly basis by a certified monthly basis. Have the water laboratory. coolers cleaned on a regular basis. Sep-21 Occupational Safety Welfare Facilities Paper and soap are not available at all Provide soap and paper to 39 and Health times in the workspace. workers during the working time. [page 146] 146 Sep-21 Occupational Safety Welfare Facilities Insufficient toilets for women. Have a sufficient number of 25 and Health toilet for women. Sep-21 Occupational Safety Working Environment The electrical cable for the lights on Ensure to clean the workplace on 3 and Health the sewing floor are covered with a regular basis. dust. The fans are dirty with dust. The toilets are filled with pieces of fabrics in very bad conditions. Sep-21 Occupational Safety Working Environment Lux levels were inadequate in several Provide appropriate lighting for 51 and Health sections of the workplace. all working sections. Sep-21 Occupational Safety Worker Protection No body temperature checks upon Check all workers and visitors and Health entry in a systematic way. Factory body temperature upon entry in does not keep a registry for all a systematic way and keep a persons who present a temperature registry for all persons who of 38C and above present a temperature of 38C and above Sep-21 Occupational Safety Worker Protection Workers' physical and social distance Ensure that the 1.5 meter of 3 and Health is not respected in all sections of the distance is respected in all factory, as well as during entry and sections of the factory, as well as exit. during entry and exit. Sep-21 Occupational Safety Worker Protection 60 percent of the sewing machines Equip all the sewing machines 3 and Health were missing eye guards and finger with their necessary guards. guards. Sep-21 Occupational Safety Worker Protection 20 percent of standing workers in Provide foot rests or shock 3 and Health quality section were not provided absorbing mats to all standing with foot rests or shock absorbing workers. mats. Sep-21 Occupational Safety Worker Protection The employer has not provided Provide necessary personal 51 and Health necessary personal protective protective equipment to workers equipment to all workers. in the mechanics’ shop, in the generator and compressor rooms and in the boiler room Sep-21 Occupational Safety Chemicals and Hazardous The employer did not provide training Provide training on chemical 3 and Health Substances to workers on chemical handling handling to workers using and products. exposed to chemical and hazardous substances. [page 147] 147 Sep-21 Occupational Safety Chemnicals and Hazardous Spot cleaning area is not isolated, Ensure that spot cleaning area 3 and Health Substances thus exposing sewing workers to the has proper condition to prevent chemical vapor. unnecessary exposure of workers to chemicals. Sep-21 Occupational Safety Chemicals and Hazardous Several hazardous chemicals were Have safety data sheets are 51 and Health Substances found without chemical safety data available for all hazardous and sheets. chemical products where they are used and stored. Sep-21 Occupational Safety Chemicals and Hazardous Improper storage of chemical and Chemicals should be stored in a 3 and Health Substances hazardous substances. properly ventilated area. Sep-21 Occupational Safety Chemicals and Hazardous unlabeled containers of chemical and Label all containers of chemical 3 and Health Substances hazardous substances found in the and hazardous substances used workplace. and stored in the workplace. Sep-21 Occupational Safety Chemicals and Hazardous Factory does not maintain a chemical Keep an inventory of all 51 and Health Substances inventory listing all the chemicals chemicals used in the workplace used including their locations. and make the list available to all relevant people. Sep-21 Occupational Safety OSH Management Systems The factory did not record work Record work related accidents 25 and Health related accidents and submit them to and submit them to OFATMA on OFATMA on a monthly basis. a monthly basis. Sep-21 Occupational Safety OSH Management Systems The safety and health committee Establish an effective OSH 25 and Health was not functional committee to discuss and address OSH related matters. Sep-21 Occupational Safety OSH Management Systems No reports on general occupational Conduct general OSH 32 and Health safety and health were available for assessment on à monthly basis the last 12 months. and record it for review purposes. Sep-21 Contract & Human Termination The annual salary supplement upon Pay the lunch break and include 3 Resources termination does not include the the payment in the calculation of lunch break payment. the annual salary supplement upon termination Sep-21 Contract & Human Termination The annual leave upon termination Pay the lunch break and include 3 Resources does not include the lunch break the payment in the calculation of payment. the annual leave upon termination. [page 148] 148 Sep-21 Contract & Human Termination The notice period payment does not Ensure that lunch break payment 3 Resources include the lunch break payment. is included in the calculation of the notice period payment. Sep-21 Compensation Social Security and Other Benefits The annual salary supplement or Include the lunch break payment 3 bonus does not include the lunch in the calculation of the annual break payment. salary supplement or bonus. Sep-21 Compensation Social Security and Other Benefits The employer collected but did Collect and forward workers’ 51 forward workers’ contributions to contributions to OFATMA on OFATMA on a monthly basis and time, within the 10th working does not include the lunch break days of each month. include the payment. lunch break payment in the calculation of the average salary. Sep-21 Compensation Social Security and Other Benefits The employer contribution to Ensure that employer In February 2021 Horizon Ejl OFATMA does not include the lunch contribution to OFATMA is made manufacturing reached an agreement break payment. on time. Include the lunch break with OFATMA for the payment of a payment in the calculation of the debt over a period of 4 months from average daily salary. February 2021 to May 2021. The factory made a first payment in February 2021, then a second payment in March 2021 on debt including the payment for the month of February 2021. The third payment took place in April 2021 according to the agreement and the last payment in July. Management argued that while the factory paid the debt to OFATMA the regular month was also paid. However. No other proof of payment was available for the year 2021. The receipts provided do not indicate that the monthly payments were included. Sep-21 Compensation Social Security and Other Benerfits The factory has not completed the Ensure that the contribution to 51 payment of for the fiscal year 2019- OFATMA for accident insurance 2020 to OFATMA for accident is made on time. Factory should insurance. also document any agreement concluded with OFATMA on that regard. Sep-21 Compensation Social Security and Other Benefits The employer collects but does not Collect and forward workers El forwards workers’ contributions to contributions on time within the ONA on a monthly basis. 10 days of each month. Include the lunch break payment in the calculation of the average daily salary. [page 149] 149 Sep-21 Compensation Social Security and Other Benefits The employer contribution to ONA is Pay employer contribution on 51 not calculated on the average daily time, within the 10 working days salary. Furthermore, the calculation of each month. include the lunch does not include the lunch break break payment in the payment. calculation of the average daily salary. Sep-21 Compensation Paid Leave Annual leave and sick leave payments _ Include the lunch break payment 3 are not accurate as the lunch break in the calculation of any leaves payment is not included in the payment. calculation. Sep-21 Compensation Paid Leave Lunch breaks is not compensated in Pay lunch break as required by 3 the payroll. the new law. Sep-21 Compensation Paid Leave The factory has no records of Provide 12 weeks of maternity 32 maternity leave payments. leave payment to eligible workers. Sep-21 Compensation Paid Leave Management did not provide any Ensure that lunch break payment 32 proof of payment for sick leave is included in the calculation of sick leave. Sep-21 Compensation Paid Leave The annual leave payment does not Include the lunch break payment 3 include the lunch break payment. in the calculation of annual leave payment. Assessment July 2019 Jul-19 Discrimination Genre L'usine n'a pas appliqué la Examiner la politique sur L'usine a formé tous ses 15 politique de tolérance zéro le harcèlement sexuel en employés à ce qu'est le concernant l'inconduite consultation avec les harcèlement et les abus. sexuelle. représentants des L'usine a revu sa politique ouvriers. Offrir une en matière de harcèlement formation aux ouvriers et sexuel en consultation avec à toutes les lignes de le comité syndical. supervision. Jul-19 Compensation Wage Information, Use and Discrepancy between the time Report the accurate working Overtime are reported in the payroll 19 Deduction records and the payroll. time in the payroll including the and properly paid. overtime worked. Jul-19 Compensation Paid Leave Inaccurate payment for annual leave. Report the accurate working Overtime is properly paid and 19 time in the payroll, including the overtime payment is included in the overtime worked for the calculation of total earnings. calculation of annual leave payment. [page 150] 150 Jur-19 Compensation Paid Leave Inaccurate payment for sick leave. Report the accurate working Overtime is reported in the payroll 29 time in the payroll, including the and properly compensated. Overtime overtime worked for the payment is also included in the calculation of sick leave calculation of total earnings. payment. Jul-19 Compensation Paid Leave Inaccurate payment for maternity Report the accurate working Overtime worked is paid and 29 leave. time in the payroll, including the included in the calculation of the overtime worked for the average earning. calculation of maternity leave payment. Jul-19 Compensation Social Security and Other Benefits Factory did not pay OFATMA for Complete the payment for The factory has established a 48 accident insurance for the previous OFATMA work related accident payment agreement with OFATMA. fiscal year 2017-2018 and current one for the fiscal year 2018-2019. 2018-2019. Jul-19 Compensation Social Security and Other Benefits Last payment of the employer's Pay the employer's contribution The factory has a payment 48 contribution to OFATMA was done in to OFATMA within the first 10 agreement with OFATMA regarding March 2019 for the month of days of each month for the the payment. February 2019. previous month. Jul-19 Compensation Social Security and Other Benefits Last payment of the workers" Complete the payment for Factory has established a payment 48 contribution to OFATMA was done in unpaid months as agreed with agreement with OFATMA regarding March 2019 for the month of OFATMA. Pay the OFATMA the payment. February 2019. contribution within the first 10 days of each month for the previous month. Jul-19 Compensation Social Security and Other Benefits Inaccurate payment for annual salary Report the accurate working time Pay slip displays that overtime and 22 supplement or bonus to workers including the overtime worked, in related payments are included in the the payroll. overtime worked. Jul-19 Occupational Safety OSH Management Systems Employer did not perform an Perform factory OSH assessment The reports were found and are 22 and Health evaluation of general occupational is done on a regular basis and available for consultation. The safety and health issues in the properly file the reports. compliance officer to perform workplace. regularly an evaluation of general occupational safety and health issues in the workplace. [page 151] 151 Jul-19 Occupational Safety OSH Management Systems Meeting minutes were not available to Keep the meeting minutes on a The committee is reactivated again 22 and Health confirm committee's participation in reliable support and forward the and the monthly meetings are OSH decisions and proper minutes to the factory's advisor. already taking place. Minutes of the performance of OSH functions. reports are available for consultation. Jul-19 Occupational Safety OSH Management Systems The factory does not record and Record all the accidents that All records are submitted on a 22 and Health submit work related accidents to happened in the factory and monthly basis to OFATMA. The OFATMA on a monthly basis. forward the records to OFATMA reports are available for consultation. on a monthly basis. Jul-19 Occupational Safety Chemicals and Hazardous Inventory of chemicals and hazardous Keep the inventory of chemicals The factory updated its inventory of 48 and Health Substances substances used in the workplace was available for the relevant people. chemicals and pasted it in the not available. warehouse and washing areas. Jul-19 Occupational Safety Chemicals and Hazardous MSDS were missing for several Have MSDS available for all All MSDS were updated and put in 48 and Health Substances chemicals products used in the chemical and hazardous the chemical storage and in the workplace. substances used or stored in the washing areas. workplace. Jul-19 Occupational Safety Chemicals and Hazardous There was no eye wash station in Provide eye washing facilities Washing facility was repaired and 60 and Health Substances areas where chemicals and where chemicals and hazardous building 32 is already closed. hazardous substances are stored. substances are used and stored. Jul-19 Occupational Safety Worker Protection Factory did not share records of Keep records of training provided The factory annually trains all its 19 and Health training on personal protective to workers. personnel in the area of use and equipment with dates and number of handling of chemicals and use of participants. PPE. Evidences of provided training are available. Jul-19 Occupational Safety Worker Protection Standing workers were provided with Provide foot rests or shock A survey was done to know the 48 and Health foot rests or shock absorbing mats. absorbing mats to standing amount of mats that were needed, workers. and later the management authorized Conduct regular OSH the purchase. Management provided assessment. ergonomics mats to standing workers. Jul-19 Occupational Safety Working Environment Temperature levels exceeded the Monitor the temperature level to The compliance department 48 and Health recommended 30 C in all sections. a maximum of 30C. requested the services of an external company so that it could proceed to study temperature, lighting and particles. [page 152] 152 Jul-19 Occupational Safety Working Environment Lux levels were inadequate in several Provide appropriate lighting for The compliance department 48 and Health sections of the workplace all working sections. requested the services of an external company so that it could proceed to study temperature, lighting and particles. Jul-19 Occupational Safety Welfare Facilities Insufficient number of toilets for men. Increase the number of toilets for 22 and Health men. Jul-19 Occupational Safety Welfare Facilities Soap was not available at the time of Provide soap in the toilets. A new operation process was 36 and Health assessment. implemented so that paper and soap are always available in the bathrooms. The cleaning staff is instructed to contact the HR office in case they run out of paper and soap. Jul-19 Occupational Safety Health Services and First Aid The factory does not systematically Provide all workers with health Factory is also performing its own 22 and Health conduct health checks for workers within the first 3 months of medical checks for the workers to during the first 3 months of hiring. employment. cover more workers. Jul-19 Occupational Safety Health Services and First Aid The factory does not systematically Provide workers who are Factory is also performing its own 22 and Health conduct free health checks for exposed to work related hazards medical checks for the workers to workers exposed to work related with free health checks at least cover more workers hazards.. twice à year. Jul-19 Occupational Safety Health Services and First Aid The factory does not systematically Perform free annual health Factory is also performing its own 48 and Health conduct annual health checks for checks for all workers. medical checks to cover more workers. workers. Jul-19 Occupational Safety Health Services and First Aid Insufficient number of nurses. Have a permanent medical staff. The factory has 3 doctor's visit per 48 and Health week. Jul-19 Occupational Safety Emergency Preparedness Evacuation routes were not marked Mark the evacuation routes near The signs that are all over the factory 36 and Health near the packing area. the packing area of building 31. were painted again. A painting plan was implemented for every 6 months. Jul-19 Occupational Safety Emergency Preparedness One emergency exit was locked Keep emergency exits unlocked The factory trained all the security 22 and Health during working hours. during working hours and aisles personnel so that the emergency unblocked. exits remain open during work time. Jul-19 Occupational Safety Emergency Preparedness One drill was performed for a 12 Conduct an evacuation drill every The factory does conduct an 22 and Health months period. 6 months. evacuation drill every 6 months. The factory implemented that the new compliance officer should keep everything on the PC for upcoming audite [page 153] 153 Jul-19 Occupational Safety Regular Hours The employer did not post the Post working hours in all The management post the working 42 and Health factory's working hours for all shifts buildings hours in the two buildings. including break time in one of the two buildings. [page 154] 154 BETTER WORK HAITI - 23RD SYNTHESIS REPORT . Factory LIFE S.A. Location: Port-au-Prince Number of workers: 65 Date of registration Jun-15 Date of last two Better Oct-19 Sep-21 Work assessments: Advisory and Training Services Aug-21 PICC Meeting Meeting with committee regarding factory's concerns. Jun-21 Advisory meeting Meeting to discuss updates on the improvement plan, factory roadmap and how to strengthen OSH procedures. May-21 Advisory meeting Virtual advisory meeting on Improvement plan updates. Discussion was also on the road map. Factory to strengthen OSH procedures and share with advisor. Apr-21 Training Virtual OSH Event Workshop Mar-21 Training Virtual Industry Semninar on ILO Conventions 87 and 98 Mar-21 Advisory meeting Meeting to review the improvement plan and to discuss the role and responsibilities of the bipartite committee Oct-20 Advisory meeting Meeting to discuss issues related to social benefit payments and the financial situation of the factory. Review of Covid 19 protocol and OSH management guidelines. Apr-21 Training OSH Event Workshop ASSESSMENT COMPLIANCE CLUSTER COMPLIANCE POINT DETAILS OF NON COMPLIANCE IMPROVEMENT PRIORITIES REMEDIATION EFFORTS MONTHS Assessment September 2021 Sep-21 Occupational Safety and Emergency Preparedness The factory did not take steps to Ensure to take necessary 3 Health control potential sources of measures to control risk and ignition. hazard within the workplace. Sep-21 Occupational Safety and Emergency Preparedness Several aisles leading to an Ensure that the evacuation 3 Health emergency exit were obstructed by routes and aisles remained tables in the sewing lines. unobstructed. Sep-21 Occupational Safety and Health Services and First No evidence of medical checks Pay OFATMA for the medical 22 Health Aid performed within the first 3 card (CDS) and coordinate with months of hiring were available. OFATMA to provide medical check for workers within their first three months. Sep-21 Occupational Safety and Welfare Facilities The factory has not conducted a Ensure the drinking water is 3 Health water test on a monthly basis by a tested on a monthly basis by a certified laboratory. competent laboratory. [page 155] 155 Sep-21 Occupational Safety and Working Environment The level of lighting in the Provide adequate lighting in all 28 Health workplace is unacceptable. sections of the factory. Sep-21 Occupational Safety and Working Environment Temperature exceeded the Keep the temperature to a 52 Health recommended 30 C in all sections maximum of 30C or lower. of the workplace. Sep-21 Occupational Safety and Worker Protection The workers and visitors body Check all workers and visitors 3 Health temperature are not checked upon body temperature upon entry in entry in a systematic way. No a systematic way and keep a registry for body temperature of registry for all persons who 38C and above. present a temperature of 38C and above. Sep-21 Occupational Safety and Worker Protection The social distance is not respected Monitor that the 1.5 meter social 3 Health in all sections of the factory, as well distancing recommendation is as during entry and exit. respected in all sections of the factory, as well as during entry and exit. Sep-21 Occupational Safety and Worker Protection One electrical panel without safety Post safety warnings where 3 Health warnings posted near the clinic. necessary. Sep-21 Occupational Safety and Worker Protection Assessors noticed circuit breakers Identify all circuit breakers. Health were not identified in an electrical panel near the clinic. Sep-21 Occupational Safety and Chemicals and Hazardous Eye wash station was not available Install eye wash station in the 3 Health Substances in the chemical warehouse where chemical warehouse. chemicals are stored. Sep-21 Occupational Safety and Chemicals and Hazardous The employer did not provide Provide training on safe use of 3 Health Substances training to workers on chemical chemical and hazardous products handling. substances to workers. Sep-21 Occupational Safety and Chemicals and Hazardous Chemical substances were not Ensure that Chemical substances 3 Health Substances properly stored. are properly stored and storage room are adequately ventilated. Sep-21 Occupational Safety and Chemicals and Hazardous 2 unlabeled containers of Diesel Label all chemicals and 22 Health Substances fuel found in the Generator room. hazardous substances properly. [page 156] 156 Sep-21 Occupational Safety and Chemicals and Hazardous Factory does not maintain à Update the inventory of 3 Health Substances chemical inventory listing all the chemicals accordingly. chemicals used including their locations. Sep-21 Occupational Safety and OSH Management Systems The employer did not provide any Provide permits or documents 3 Health document that covers the on building's structural safety. structural safety or stating that the building is safe. Sep-21 Occupational Safety and OSH Management Systems The factory did not record work Record the work related 3 Health related accidents and submit them accidents and submit them to to OFATMA on a monthly basis. OFATMA on a monthly basis. Sep-21 Occupational Safety and OSH Management Systems The safety and health committee Factory should have an effective 3 Health was not functional. Health and safety committee. Sep-21 Occupational Safety and OSH Management Systems No reports on general occupational Ensure that a general OSH 3 Health safety and health were available for assessment is conducted on the last 12 months. monthly basis and duly recorded for review purposes. Sep-21 Contract and Human Termination The annual leave upon Pay the annual based on the 3 Resources termination. is not calculated on average daily salary. the daily average salary. Sep-21 Compensation Social Security and Other The factory has not collected and Register to OFATMA for 46 Benefits forwarded workers contributions to maternity and health insurance OFATMA for maternity and health and forward workers’ insurance. contribution. Sep-21 Compensation Social Security and Other The factory is not registered with Register to OFATMA for 46 Benefits OFATMA for maternity and health maternity and health insurance insurance. and forward workers’ contribution. Sep-21 Compensation Social Security and Other The payments OFATMA for Pay the contribution within the 3 Benefits accident insurance for the fiscal deadline indicated in the invoice. year 2020-2021 were made in January 2021 instead of December 2020. Sep-21 Compensation Social Security and Other Factory does not collect nor Collect and forward workers 15 Benefits forward workers’ contributions to contribution on a monthly basis. ONA on a monthly basis . [page 157] 157 Sep-21 Compensation Social Security and Other The employer contribution to ONA Forward employer ‘s contribution 15 Benefits is not submitted on a monthly to ONA on a monthly basis. basis. Sep-21 Compensation Paid Leave The annual leave payment is not Ensure that the annual leave 3 calculated based on the daily payment is on the daily average average earning. earning. Assessment October 2020- October 2019 Oct-20 Occupational Safety and OSH Management Systems The factory does not have an Develop an adequate COVID-19 Factory will review the 8 Health adequate COVID-19 protocol that protocol with all the relevant protocol accordingly. includes all the relevant elements. elements as per the Better Work Haïti guidelines. Oct-20 Occupational Safety and OSH Management Systems The factory does not have an Have a checklist to record the 25 Health appropriate checklist to monitor daily cleaning and disinfection of the cleaning and disinfection of the the workplace. workplace. Oct-19 Compensation Paid Leave Workers entitled to maternity Register with OFATMA for 12 leave payment received 6 weeks maternity and health insurance. instead 12 weeks. Oct-19 Occupational Safety and Social Security and Other Employer contribution to ONA is Calculate employer's 12 Health Benefits based on the minimum wage contributions to ONA on worker's instead of the base salary. base salary. Oct-19 Compensation Social Security and Other Workers' contribution to ONA is Calculate workers’ contribution to 43 Benefits based on the minimum wage ONA on workers base salary. instead of workers’ base salaries. Oct-19 Compensation Social Security and Other The factory is not registered with Register to OFATMA for 43 Benefits OFATMA maternity and Health maternity and health insurance insurance. and forward employer's contribution. Oct-19 Compensation Social Security and Other The factory is not registered with Register to OFATMA for 12 Benefits OFATMA maternity and Health maternity and health insurance insurance. and forward workers’ contribution. Oct-19 Compensation OSH Management Systems The employer does not have a Ensure to have an available copy 19 copy of the construction permits. of the construction permits. [page 158] 158 Oct-19 Occupational Safety and Chemicals and Hazardous Containers of chemicals found with Label all chemicals and All containers of chemicals are 19 Health Substances no proper labelling. hazardous substances properly. labelled. Oct-19 Occupational Safety and Chemicals and Hazardous MSDS were not available in local Translate MSDS into local Chemical MSDS are now 19 Health Substances language for several chemicals . language and post them where available in local language. needed. Oct-19 Occupational Safety and Worker Protection Management did not install the Install pulley guard on collar 19 Health pulley guard on the collar cutting cutting machines. machines. Oct-19 Occupational Safety and Worker Protection Breakers from electrical panels did Label the breakers in the 18 Health not have any labels. . electrical panels. Oct-19 Occupational Safety and Working Environment Temperature exceeded the Keep the temperature to a 49 Health recommended 30 C in all sections maximum of 30C or lower. of the workplace. Oct-19 Occupational Safety and Working Environment The level of lighting in the Ensure that lighting level is 25 Health workplace is unacceptable. adequate in the warehouse section. Oct-19 Occupational Safety and Health Services and First Employer did not pay OFATMA Pay OFATMA for the medical 19 Health Aid for the medical cards. card (CDS) and coordinate with OFATMA to provide medical check for workers within their first three months. Oct-19 Occupational Safety and Emergency Preparedness Evacuation plan does not clearly Post an accurate evacuation 37 Health define the evacuation path and map. escape routes. [page 159] 159 BETTER WORK HAITI - 23RD SYNTHESIS REPORT ., Factory: MAS AKANSYEL S.A Location: Arrondissement du Trou du Nord Number of workers: 1,285 Date of registration: Jun-17 Date of last two Better Jan-20 Apr-21 Work assessments: Advisory and Training Services 8-Nov-21 Virtual advisory meeting Discussions regarding improvement made from the corrective action plan. Bipartite meeting with the ERB on current workers concerns. 5-Aug-21 Virtual advisory meeting Meeting with management and client Lulu Lemon on compliance action plan. Factory gave deadline to complete the points. Factory has to send an update of remediation, by mid September 2021. 4-Aug-21 PICC Meeting Discussion with management to validate improvement plan. Discussion with bipartite committee ERB members who discussed their concerns on OFATMA and maternity payment. Discussion with union members on concerns such as modality of recruitment, necessity of more punching machine and lean system method. 27-Jul-21 Virtual advisory meeting Meeting with management to discuss CAP (corrective action plan). Recommendation made on resolution process and timeline. 30-Jun-21 Virtual advisory meeting Meeting with management team on improvement plan. EA guided management on editing the progress report. 21-May-21 Training Virtual Introduction to Workers Rights & Responsibilities. 20-May-21 Training Virtual Socially Responsible Transitioning. 13-May-21 Training Virtual Sexual Harassment Awareness and Prevention for Middle Management. 12-May-21 Training Virtual Sexual Harassment Awareness and Prevention for Supervisors. T-May-21 Training Virtual Sexual Harassment Awareness and Prevention for Workers. 7-May-21 Virtual advisory meeting Virtual management meeting on corrective action plan to upload on the improvement plan and progress report to edit. Discussion was also on paid leave. Bipartite meeting regarding workers’ concern such as OFATMA and ONA cards, fingerprints and emergency doors. 7-May-21 Training Workplace Cooperation & Communication. 6-May-21 Training Virtual Sexual Harassment Awareness and Prevention. 5-May-21 Training Virtual training Covid-19 Emergency Preparedness. 22-Apr-21 Training Virtual Sexual Harassment Awareness and Prevention. 20-Apr-21 Training Virtual Occupational Safety and Health (OSH). 4-Mar-21 Training Virtual Webinar on Covid-19 Human Resources Management (HRM). 3-Mar-21 Training Virtual training Covid-19 Emergency Preparedness. 26-Feb-21 Virtual advisory meeting Virtual investigation on Sexual harassment complaint. Multiple interview conducted individually with the complainant, the alleged perpetrator, witness, management representatives. Group interview held with bipartite committee (ERB), union cell and workers. Virtual meeting with management on 4 concerns raised by unions on a strike announcement letter. 10-Feb-21 Virtual advisory meeting Virtual advisory to discuss 2021 advisory strategy and priorities. Discussion was also on social dialogue and pending union's complaints and recommendation regarding termination case. Virtual meeting with SOHARST to present BWH conclusion regarding the case of terminated worker. BW advisor also shared recommendation on the submission of complaints through the internal grievance mechanism. [page 160] 160 6-Nov-20 Virtual advisory meeting Virtual advisory to discuss updating of internal working rules on new working hours, payroll based on new working hours, union bipartite meeting and FOA policy. 29-Oct-20 Training Virtual HIV/AIDS. ASSESSMENT COMPLIANCE CLUSTER COMPLIANCE POINT DETAILS OF NON COMPLIANCE IMPROVEMENT PRIORITIES REMEDIATION EFFORTS MONTHS Assessment April 2021 Apr-21 Occupational Safety and Emergency Less than the 10 percent of the Provide fire fighting training to at We have already started the process 25 Health Preparedness workforce trained in fire fighting, as least 10 percent of the workforce. of getting fire fighting training for recommended by Better Work. 488 of our employees. Recently PIC has appointed a new trainer for the particular Training Programs & we are currently working With them to get these training programs completed. Apr-21 Occupational Safety and Emergency Escape routes obstructed with fabrics Ensure that escape remained the pallets have been properly 14 Health Preparedness in the stock area and in the sewing unobstructed during the working stacked into the racks & obstructed floor by sewing machines. hours. pathways were cleared. Apr-21 Occupational Safety and Emergency Fire hose in the cafeteria obstructed Install a fire extinguisher on the Management remove the wooden 14 Health Preparedness by boxes and no fire extinguisher was forklift. Ensure that fire fighting palette in front of the fire hose. installed in the forklift. equipment remained Also, we are in the process to fix a unobstructed all time. fire extinguisher for the forklift. Apr-21 Occupational Safety and Health Services and Less than the 10 percent of the Train 10 percent of the workforce We have already started the process 32 Health First Aid workforce trained in first aid, in first aid. of getting First aid training for 488 recommended by Better Work. of our employees. Recently PIC has appointed a new trainer for the particular Training Programs & we are currently working With them to get these training programs completed. Apr-21 Occupational Safety and Health Services and Two first Aid boxes were missing the Have the first aid boxes checked Management has provided the first 31 Health First Aid adhesive and alcohol. regularly. aid boxes with the missing item. The first aid boxes are checked on a regular basis. [page 161] 161 Apr-21 Occupational Safety and Welfare Facilities Insufficient toilets. Ensure that the toilets are Based on the current headcount we 9 Health functioning. need to have 12 male toilets & 72 Female toilets. Giving the current situation the Company complies with the Male toilet requirement. But, 27 Female toilets were not functioning due to some urgent repairs. The administration engineering department is working on that. Apr-21 Occupational Safety and Working Environment The level of lighting was inadequate Ensure that level of lighting is This has been corrected. 9 Health in the packing section. adequate in all the departments. Apr-21 Occupational Safety and Worker Protection No protective barriers installed Clarify and implement the Giving awareness as much as 7 Health between the workstation. protective measures to maintain possible to enhance TM awareness a social distance of 1.5m in the & the company is trying to install workplace. protective barriers between the work stations. Apr-21 Occupational Safety and Worker Protection One electrical box without safety Post safety warning sign on the Safety signs will be posted as 31 Health warning sign in the cafeteria. electrical box in the cafeteria. required. Apr-21 Occupational Safety and Worker Protection No safety belts were provided to Provide safety belt to worker in An ergonomic survey was 7 Health worker in the packing area for heavy the packing area for heavy lifting. conducted and actions are taken lifting. based on the recommendations given. This was not highlighted at that point. We will first understand the real requirement then, further evaluate the necessity and provide if Apr-21 Occupational Safety and Worker Protection Management has provided metal Provide proper mask to workers Factory will appoint a dedicated 16 Health gloves for workers in the cutting in the spot cleaning area. person for the Spot cleaning room. department. Earmuffs for workers in He or She will get proper PPEs the generator room. Proper gloves and goggles for workers in the mechanics’ shop. However, no chemical mask were provided to worker and line leader in the spot cleaning area. Apr-21 Occupational Safety and Chemicals and No eyewash station in the spot Install eyewash station in the spot One eyewash station is already 13 Health Hazardous Substances cleaning room and also near the cleaning room and also near installed inside the Spot cleaning temporary chemical storage where temporary chemical storage where room. Another eyewash station is to the chemicals are used and stored. the chemicals are used and be set up soon in the temporary stored. chemical storage area. Currently, this room is NOT in use but, we will <et in an avawrach 1init nan [page 162] 162 Apr-21 Occupational Safety and Chemicals and The factory did not provide training Ensure that spot cleaning workers Most of the time team members & 9 Health Hazardous Substances record for workers and supervisors are trained on the safe usage of supervisors are using water for the using chemical in the spot cleaning. the chemicals. stain removing process. However, once we finalized with a dedicating person for the Spot cleaning room. He or She will get proper training on chemical handling with required pnc'e Apr-21 Occupational Safety and Chemicals and Any worker has access to use the Ensure that PPE are provided to Factory will assign a dedicated 9 Health Hazardous Substances spray chemicals guns without any all workers entering in the spot person for the spot cleaning PPE. cleaning area. operation and also provide necessary training. Only one person will be doing the spot cleaning. Apr-21 Occupational Safety and Chemicals and The chemical data safety sheets were Ensure and that MSDS are Allthe missing MSDS are completed 25 Health Hazardous Substances unavailable for several hazardous available for all chemical used in and Posted substances. the workplace. Apr-21 Occupational Safety and Chemicals and Two unlabeled containers of Ensure that all containers are Allthe unlabeled containers are now 31 Health Hazardous Substances chemicals. properly labelled. properly labelled. Apr-21 Occupational Safety and Chemicals and The inventory is not accurate and did Ensure that the inventory is Inventory updated accordingly. 31 Health Hazardous Substances not include the name of all chemicals accurate and include all the used in the workplace. chemicals used in the workplace. Apr-21 Contract and Human Employment The factory does not have an internal Have the internal work rules Currently, the Factory is closely 25 Resources Contracts work rules approved by the Ministry approved by MAST. following up with the Ministry of of labor. labor to get approval for its Internal work rules. BW is fully aware of this and the paper trail. Apr-21 Compensation Social Security and The salary statement submitted to Submit the correct invoice and Factory has submitted salary details 19 Other Benerfits OFATMA is less than the amount provide the proof of payment for to OFATMA with same amount that paid in the payroll for the fiscal year the fiscal year 2020-2021. have paid in payrolls from Oct -2019 2019-2020. to Sep-2020. Company doesn't received a sealed copy from OFATMA due to the unavailability of the officials/ seal at the time of submission. We will get the seal for the documents which the seal is missing. We would like BW to understand the current reality on the ground with having to deal with nonproductive government institutions that, does not take any ownership. All dues have been paid on time and in full. [page 163] 163 Apr-21 Discrimination Gender Pregnant women has been sent The company is in the discussion This is a COVID-19 protocol and a 9 home with a remuneration of 50 to pay them in full amount. preventive measure that has taken percent upon receipt of the certificate from the company to protect of pregnancy in order to protect pregnant employees. However now them during the Covid-19 time. the company is in the discussion to pay them in full amount. Assessment October 2020- January 2020 Oct-20 Contract and Human Termination Case of dismissal of a union Trained the worker and especially Resources committee member. the union member on the internal procedures. Ensure that all procedure are posted in local language where all worker can see them. Ensure the new internal work rules are approved by MAST as required by local law. Oct-20 Occupational Safety and OSH Management Factory does not keep registry for all keep registry for all persons who Health Systems persons who present a temperature present a temperature of 38C and of 38C and above. above. Jan-20 Working Time Regular Hours Regular Working hours goes beyond Set regular working hours at 8 48 hours a week. hours or 9 hours daily with and agreement with workers. Jan-20 Occupational Safety and Emergency Less than the 10 percent of the Train 10 percent of the workforce Factory actively engaged with park Health Preparedness workforce recommended by Better as recommended by Better Work. management for alternatives. Work in fire fighting training. Jan-20 Occupational Safety and Emergency Escape route in the fabric warehouse Ensure properly marked aisles Trolleys weight keeps removing Health Preparedness was not clearly marked and aisles unobstructed by equipment. yellow tapes used on escape routes were obstructed by equipment in the Work with OSH committee lines for escape routes. Factory will sewing and Finish good warehouse. members and supervisors for better manage Trolley and reapply random monitoring tapes ( specially in warehouse). Jan-20 Occupational Safety and Emergency Several fire extinguishers were not Ensure that fire extinguishers are Health Preparedness properly installed and identified. properly installed and identified. Jan-20 Occupational Safety and Health Services and Less than the 10 percent of the Ensure that 10% of the worker Health First Aid workforce recommended by Better population is trained on first aid Work are trained in first aid training. on an ongoing basis. [page 164] 164 Jan-20 Occupational Safety and Health Services and Three first Aid boxes were missing Ensure adequate supplies in all Health First Aid Scissors, Cotton ball, Antiseptic. first aid boxes including but not limited to Scissors, Cotton ball, Antiseptic. Jan-20 Occupational Safety and Health Services and Insufficient nurses. Comply with the Haitian Labour Health First Aid Code, a factory of this size must have a permanent onsite medical service, with at least 6 nurses. Jan-20 Occupational Safety and Health Services and The factory does not provide free Pay OFATMA for the medical Health First Aid annual health checks to workers. cards, engage with OFATMA to provide the medical checks. Jan-20 Occupational Safety and Health Services and The factory does not arrange free Pay OFATMA for the medical Factory paid health card as part of Health First Aid health checks for workers within the cards, engage with OFATMA to accidental insurance policy. first three months of hiring. provide the medical checks. Jan-20 Occupational Safety and Working Environment The level of lighting in the workplace … Ensure adequate luminosity in the Health was inadequate in sewing and various production areas packing sections. according to BW guidelines. Jan-20 Occupational Safety and Working Environment Noise levels are unacceptable in the Health cutting section. Jan-20 Occupational Safety and Working Environment Temperature level exceeded the Health recommended 90C in all sections. Jan-20 Occupational Safety and Worker Protection One electrical box in the embroidery Ensure that all electrical boxes Health and another one in the waste room have safety warning signs posted. did not have safety warnings posted. Jan-20 Occupational Safety and Worker Protection Several chairs found without backrest Ensure that no workers are using Factory removed chairs, they were Health in the stock trim and finish goods chairs without backrest. temporarily waiting to be picked up warehouse. by repairing company. Jan-20 Occupational Safety and Worker Protection The employer did not take steps to Ensure adequate training of PPE Training delivered to these workers. Health ensure that all workers in the cutting usage for all production personnel section and mechanic workshop including but not limited to used the equipment safely. cutting and mechanic shop workers. Jan-20 Occupational Safety and Chemicals and No eyewash station in the Install an eye wash station in the Temporary chemical storage was Health Hazardous Substances embroidery and also near the embroidery soon. discontinued. temporary chemical storage where the chemicals are used and stored. [page 165] 165 Jan-20 Occupational Safety and Chemicals and No MSDS were available in the Ensure all MSDS are posted for Health Hazardous Substances printing area for several products. the chemicals in circulation at their respective locations. Jan-20 Occupational Safety and Chemicals and Several unlabeled containers of oil Ensure that all containers of Compliance Officer is in charge with Health Hazardous Substances and alcohol in the raw material and chemicals are properly labelled Compliance manager to distribute stock trim section. and stored. standard label containers issued by management. Sanctions will be applied for non complying workers. Management also conducts random osha tours. Jan-20 Occupational Safety and Chemicals and The inventory of chemicals is Track inventory of chemicals and Health Hazardous Substances incomplete. hazardous substances used in the workplace and ensure it includes all the chemicals currently in operations. Jan-20 Contract and Human Employment The factory has an internal Revise internal working rules, Resources Contracts regulations. Îs inconsistent with the contracts to ensure that working contract regarding the working time. hours are both aligned with 3/8 law“; Jan-20 Contract and Human Employment The contract is less favorable than Modify working hours to conform Factory has worked out a proposal Resources Contracts the law regarding the working time. to 8 hours as regular working which was sent to MAST, approval is hours or 9 hours with an pending. factory presented agreement. signatures from worker representatives. In the agreement, workers would work 8 regular working hours 2.15 hours of OT daily, lunch break is paid and included, no Etant Pcnnes Jan-20 Compensation Social Security and Management failed to provide any Pay OFATMA accident insurance Other Benerfits receipt of payment for OFATMA for fiscal year 2019-2020. accident insurance. Jan-20 Compensation Paid Leave Lunch break is not compensated. Pay the lunch break as required by Factory is now paying lunch break. 3/8 law. Jan-20 Compensation Overtime Wages Overtime worked is not accurately Dialogue with worker compensated. representatives to establish factory working hours respecting 8 hours à day or 9 hours a day with an asreement [page 166] 166 BETTER WORK HAITI - 23RD SYNTHESIS REPORT Factory: MBI HAITI S.A e Location: Port-au-Prince Number of workers: 1612 Date of registration: AUg-13 Date of last two Better Feb-20 Apr-21 Work assessments: Advisory and Training Services Nov-21 Virtual advisory meeting Advisory visit to conduct factory tour to check the following; Nov-21 Virtual advisory meeting Advisory visit to review and update improvement plan. Oct-21 Virtual advisory meeting Advisory visits to: update the improvement plan, Discuss the renewal of the bipartite committee, Discuss incident with GOSSTRA member Jun-21 Virtual advisory meeting Summary of the advisory visit: Meeting with the factory management to discuss: The new improvement plan. Root causes and necessary corrective actions. Possible training which can help the factory to improve the OHS cluster. Factory tour to check all the corrections already made by the factory. Feb-21 Virtual advisory meeting Virtual Advisory visit to discuss the following points: 2020 Achievement. Priorities for 2021. Pending NC issues. Complaints about unpaid incentives. Training Plans. Nov-20 Virtual advisory meeting VA 6: Virtual Meeting with the bipartite committee to discuss the follc Oct-20 Training COVID-19 training for Doctors & Nurses in Factories. ASSESSMENT COMPLIANCE CLUSTER COMPLIANCE POINT DETAILS OF NON COMPLIANCE IMPROVEMENT PRIORITIES REMEDIATION EFFORTS MONTHS Assessment April 2021 Apr-21 Working Time Regular Hours Inaccurate attendance record. Ensure that the factory has an 7 accurate attendance recording . Apr-21 Working Time Regular Hours Factory does not systematically Provide the required breaks for Pregnant women are receiving provide the necessary breaks for pregnant women. the break as specified by the pregnant women. law. Additional training was given to pregnant women and supervisors on this subject. Apr-21 Occupational Safety and Emergency Preparedness Insufficient workers trained in the Train at least 10% of the 7 Health use of fire-fighting equipment. workforce in the use of fire- fighting equipment. Apr-21 Occupational Safety and Emergency Preparedness The employer did not conduct at Conduct an evacuation drill 29 Health least 2 emergency drill per year. every 6 months. [page 167] 167 Apr-21 Occupational Safety and Emergency Preparedness Obstructed emergency exits and Ensure that emergency exits The factory has removed Health routes in in several areas. and escape routes are not tables and boxes in all areas obstructed. of the workplace and keeps emergency exits and escape routes are clear. Apr-21 Occupational Safety and Emergency Preparedness Evacuation map need to be Post updated evacuation plans 29 Health updated and escape route needto forall buildings and Ensure be clearly marked. that all escape routes are clearly marked Apr-21 Occupational Safety and Emergency Preparedness obstructed fire hose. Keep fire hose accessible. The factory made sure that all Health fire hoses are accessible and in good condition. Apr-21 Occupational Safety and Emergency Preparedness Obstructed alarm system. Keep alarm system accessible. 7 Health Apr-21 Occupational Safety and Health Services and First Insufficient workers trained in first Train at least 10% of the 29 Health Aid aids. workforce in first aids. Apr-21 Occupational Safety and Health Services and First First aid boxes were not readily Keep first aids boxes readily All the First Aid Boxes are Health Aid accessible and were missing accessible and equip them accessible. Inventory is supplies. checked regularly. Apr-21 Occupational Safety and Health Services and First Insufficient medical personnel. Hire additional nurses. 29 Health Aid Apr-21 Occupational Safety and Health Services and First Restricted access to pregnant Give pregnant women the 7 Health Aid women for changing jobs within the possibility of changing jobs workplace. within the workplace. Apr-21 Occupational Safety and Welfare Facilities Soap and paper were not readily Ensure that soap and paper are 29 Health available in one building. available in all factory restrooms during working hours, including overtime. Apr-21 Occupational Safety and Welfare Facilities Insufficient number of Toilets. Increase the number of toilets. 29 Health Apr-21 Occupational Safety and Working Environment Light levels were inappropriate in all Ensure the lighting is adequate 2) Health the working sections. and adapted to worker's needs. Apr-21 Occupational Safety and Working Environment The noise level in one areas ofthe Maintain the noise level to a 7 Health workspace exceeded 90 db. maximum of 90 dB in all the working sections. Apr-21 Occupational Safety and Working Environment Workplace temperatures levels are Monitor the temperature level 29 Health unacceptable. and maintain it under 30 C inside the workplace. [page 168] 168 Apr-21 Occupational Safety and Worker Protection Social distance is not respected on Ensure that 1.5 meter of 7 Health the factory. distance is respected within the workplace. Apr-21 Occupational Safety and Worker Protection Improper maintenance of electrical Improve the electrical The factory has properly 29 Health system of the factory. maintenance and Create a maintained all electrical maintenance log. switches in all pressing machine by covering them. Apr-21 Occupational Safety and Worker Protection Sewing machines were missing eye Install all missing finger guards The guards have been Health guards. and ensure proper monitoring installed on the sewing is conducted. machines. Apr-21 Occupational Safety and Worker Protection Standing mats were not available to Provide foot rests or shock The factory provided shock 29 Health all workers. absorbing mats to standing absorbing mats to all stand workers. workers in the pressing section outside the building BE Apr-21 Occupational Safety and Worker Protection Last year no training were provided Establish training calendar and 7 Health on personal equipment and provide training to workers machines. using protective equipment and machines in the workplace. Apr-21 Occupational Safety and Worker Protection The factory did not provide Provide employees with all 7 Health appropriate PPE to all workers. necessary personal protective clothing and equipment according to PPE regulation. Apr-21 Occupational Safety and Chemicals and Hazardous The factory does not have Ensure that spot cleaning area 29 Health Substances appropriate spot cleaning area. is isolated. Vacuum machines, exhausts and eye wash station are working properly. Apr-21 Occupational Safety and Chemicals and Hazardous MSDSs are not available in local Translate and post MSDS The factory install the MSDS Health Substances language for all chemicals used in where chemicals are used in at the workplace as required the workplace. the workplace. in English. However, they should translate it into the local language. Apr-21 Occupational Safety and Chemicals and Hazardous Chemical and hazardous Label all chemicals and The factory has labeled the Health Substances substances are not properly hazardous substances used in : chemicals by writing the labelled. the workplace. name of chemical on the container. Apr-21 Occupational Safety and Chemicals and Hazardous Inventory of chemicals and Update inventory of chemicals Inventory of chemical 29 Health Substances hazardous substances is not and hazardous substances in products has been updated. updated. the workplace. [page 169] 169 Apr-21 Contract and Human Termination Inaccurate annual salary Pay the lunch break and 7 Resources supplement or bonus upon calculate annual salary termination calculation. supplement or bonus upon termination based on worker's average earnings. Apr-21 Contract and Human Termination Inaccurate unused annual leave Pay the lunch break and 7 Resources calculation upon termination. calculate unused annual leave upon termination based on worker's average earnings. Apr-21 Contract and Human Termination Inaccurate notice period payment. Pay the lunch break and 7 Resources calculate notice period payment based on worker's average earnings. Apr-21 Compensation Social Security and Other Inaccurate salary supplement Pay the lunch break and 7 Benefits payment. calculate salary supplement payment based on worker's average earnings. Apr-21 Compensation Social Security and Other Inaccurate calculation of worker's Pay the lunch break and 7 Benefits contribution for OFATMA. calculate this amount based on workers basic salaries by adding the daily break navment in the navrall Apr-21 Compensation Social Security and Other Inaccurate calculation of employer's Calculate this amount based 7 Benefits contribution for OFATMA. on workers basic salaries by adding the daily break payment in the payroll. Apr-21 Compensation Social Security and Other Inaccurate payment to OFATMA for Ensure that payment for work The factory shared the letter Benefits work-related accident insurance. related accident is made in a in which OFATMA agreed with timely manner. them to make the payment in two installments. Apr-21 Compensation Social Security and Other Inaccurate calculation of worker's Calculate this amount based 7 Benefits contribution for ONA. on workers basic salaries by adding the daily break payment in the payroll. Apr-21 Compensation Social Security and Other Inaccurate calculation of employer's The employer must pay the 7 Benefits contribution for ONA. lunch break and include it in the calculation of the average daily salary. Apr-21 Compensation Paid Leave The lunch break is not Ensure that the daily break is 7 compensated in the payroll. accurately paid to all workers. Apr-21 Compensation Paid Leave Inaccurate payment of annual Calculate the annual leave on 7 leave. worker's daily average earnings. [page 170] 170 Apr-21 Discrimination Gender One sexual harassment case was Strengthen the policy on the The Supervisor have been reported involving one female prevention of sexual terminated and the factory worker. harassment. Train all has conducted sexual supervisory line in the harassment training for all Respectful workplace program. supervisors and made them Do an awareness campaign on signed an agreement about sexual harassment. the sexual harassment zero tolerance policy. Assessment October 2020-February 2020 Oct-20 Occupational Safety and Worker Protection The factory has a system in place Implement a checklist to Factory says that the cleaning Health to clean and disinfect the record daily cleaning and record exists. workplace. However the factory did disinfection not provide a copy ofthe daily Keep record in appropriate cleaning and disinfection record. location. Oct-20 Occupational Safety and OSH Management The factory has a COVID 19 The factory needs to review Factory has participated in the Health Systems protocol in place. However it is the COVID 19 protocol to review of the management missing the following: include the missing points. guidelines for COVID 19 and -Reporting Procedures (Method for has started implementing the workers and supervisors to report recommendations. issues related to COVID 19 to management and government health official) «Handling procedure of suspected cases (Isolation room; PPE; hand washing station; gloves, disposable shoe covers; isolation gown and cap) Feb-20 Working Time Regular Hours Regular hours exceed the normal Ensure that management Factory is currently discussing limit. understand the new *3-8* law this issue with the workers. Ensure that workers are aware They already had a meeting of the regular work hours. with the PICC members to present the facts. Feb-20 Occupational Safety and Emergency Preparedness Insufficient number of fire drills per Ensure that Emergency Management has schedule a Health year. preparedness plans are in fire drill for the first week of place May. A fire drill was performed Ensure that fire drill are on May 13th 2020. conducted regularly. Feb-20 Occupational Safety and Emergency Preparedness Obstructed emergency exits during Ensure that all emergency exit : Management took action to Health work hours. are readily accessible. remove tables from escape Ensure that routes and exits routes. are not blocked Escape routes were clear when observed during virtual advisory visit. [page 171] 171 Feb-20 Occupational Safety and Emergency Preparedness Outdated evacuation map. Ensure that evacuation map is Management ordered the Health updated. impression of new evacuation Ensure that new evacuation map. maps are posted on the floor. Feb-20 Occupational Safety and Emergency Preparedness Obstructed fire extinguishers. Ensure that fire extinguishers Action were taken at the time Health are always accessible. of assessment. Feb-20 Occupational Safety and Health Services and First Insufficient numbers of workers Develop a first aid training Management has trained 25 Health Aid trained in first aid. plan, targeting at least 10 workers. Additional training percent of the workers. are scheduled for the month Ensure that training plan is of May. Company is currently implemented in a timely operating with 510 manner employees. Currently they Ensure that training are have trained 130 workers, recorded. which represents approximately 25.4 percent of the current total staff. Feb-20 Occupational Safety and Health Services and First inaccessible first aid boxes. Ensure that first aid boxes are Action taken to ensure that Health Aid readily accessible. employee with the key is Ensure that the person who readily available. has the key to the boxes are First aid boxes are accessible. properly trained to react in a timely manner. Feb-20 Occupational Safety and Health Services and First Insufficient number of nurses. Ensure that new nursing staff is Currently the factory has 510 Health Aid increase according to labor workers and 4 nurses and 3 law. doctor's visit per week. The factory is currently in compliance with the legal requirements. However, as they increase their staff, they agree to hire more workers. Feb-20 Occupational Safety and Welfare Facilities Assessors noticed that soap was Define who is responsible to Action taken to make sure Health not available in all the restrooms. supervise the work of cleaner that soap is readily available Ensure that a checklist is in toilets. Soap is now available to make sure that available in all toilets. toilets are checked periodically Provide enough soap for all toilets Feb-20 Occupational Safety and Welfare Facilities The factory has insufficient Increase the number of The factory currently has 510 Health functioning toilets. functioning toilets in the workers. They are therefore in workplace. compliance with the legal requirements. However when they increase their staff, they may need to increase the number of toilets. [page 172] 172 Feb-20 Occupational Safety and Working Environment Light levels were inappropriate in all Review the lighting installation Factory has increase the Health the working sections. to ensure that workers are number of light fixtures on the provided with sufficient light factory floors. They have also level in the various sections of changed the type of bulbs to the workplace provide increase the amount of lux. Given that BW cannot go to the factory to physically verify the light intensity, we are putting the company in compliance based on a video tour. EA has also spoken to 2 union members which indicate that they are satisfied Feb-20 Occupational Safety and Working Environment Workplace temperatures levels are Install proper cooling system to Factory install 30 new fans. Health unacceptable ensure that temperature level BW cannot physically go to is acceptable. the factory to verify the temperature. We are putting the compliance for now. They have also purchased digital thermometer to monitor the sc Feb-20 Occupational Safety and Worker Protection Improper maintenance of electrical Ensure that all electrical circuit During video tour, advisor Health circuit breakers, electrical sockets breaker are properly labelled. observed that all circuit and outlets. Ensure that all damaged breaker were labelled. sockets and outlets are fixed. Feb-20 Occupational Safety and Worker Protection Insufficient number of shock Provide standing mats to all Standing mats were provided Health absorbing mats for standing workers. to all workers workers. Ensure that workers are reminded to use standing mats. Feb-20 Occupational Safety and Worker Protection Several workers were observed not Establish a training plan for all Factory has provided training Health using their machine's eye guards. workers. to all 510 employees on the No evidence of training performed Ensure that all workers are use of machine eye guards. on the safe use of the machines trained on the proper use of They agree that as they recruit was available. eye guard more workers, training will be Record delivery of training provided to them at the start of thair amnlaumant Feb-20 Occupational Safety and Chemicals and Hazardous There is no eyewash station in the Install eye wash stations Eyewash station has been Health Substances spot cleaning section where the where all chemical products installed in building 53. Video chemicals are used. are being used. tour confirm that is functioning. [page 173] 173 Feb-20 Occupational Safety and Chemicals and Hazardous No MSDS were available in the Ensure that chemical and Management emptied the Health Substances laboratory room where chemicals hazardous substances are laboratory room and posted a are stored. stored in one location. sign. Management needs to ensure Management has posted that MSDS are available for all MSDS where chemicals and chemical products used in the hazardous substances are workplace. used. Ensure that MSDS are posted MSDS are available for all where chemicals are being chemical and hazardous used. substances. Feb-20 Occupational Safety and Chemicals and Hazardous Unlabeled spot cleaning gun in the Define who is responsible to During video tour, advisor Health Substances spot cleaning section. handle chemical products observed that spot cleaning upon receipt. gun is properly labelled. Assign one person to manage the receipt and distribution of chemical products. Ensure that all chemical product containers are labelled. Feb-20 Occupational Safety and Chemicals and Hazardous Inaccurate inventory of chemicals Update the inventory on a Management provided an Health Substances and hazardous substances. regular basis. updated inventory for all Management needs to ensure products available in the that MSDS are available for all workplace. chemical products used in the workplace. Ensure that MSDS are posted where chemicals are being used. Feb-20 Occupational Safety and OSH Management OSH assessment are not carried Management needs to carry Factory has started to Health Systems out on a regular basis. out regular assessment of perform monthly OSH health and safety issue in the assessment. factory. Factory has provided OSH Assessment needs to be assessment report for every documented and month from May to communicated to workers. September. Feb-20 Contract and Human Termination Labor Ministry is not notified prior Ensure MAST is informed HR personnel is now informed Resources to employee dismissal. about worker termination. about the procedure and they Management has reviewed are informing MAST of any their management svstem. firing or suspension. [page 174] 174 Feb-20 Contract and Human Contracting Procedures Subcontracted workers are not Develop a policy to ensure that A policy is being developed Resources properly trained in the use of PPE. all subcontractors are trained for the use of PPE by all on the appropriate use of PPE. subcontractors. A policy was Make sure that PPE is provided developed and approved by to subcontracted workers. management. Now all subcontractors will receive a training on how to use their PPE. PPE will also be given to all subcontractors upon starting wok at the factory. Feb-20 Compensation Social Security and Other At the time of the assessment, the Management need to obtain Management obtain an Benefits factory provided one payment agreement letter from agreement letter from receipt representing a quarter of OFATMA, confirming that they OFATMA on April 15 2020.1 the total amount while the invoice have a payment plan. They payments were made on April fixes the payment of the totality should make all payment 18th to satisfy the agreement. before February 20, 2020. based on said agreement. Management explained that they have an agreement with OFATMA for a staggered payment in four installments. Management failed to provide such agreement. Feb-20 Compensation Paid Leave The daily break is not compensated Implementation of the new *3- Meeting planed with the bi- as required by law. 8* law. The factory should pay partite committee members workers for the daily break. and workers’ representatives to discuss the issue. Management plans to explain to workers that they have to pay for the daily break. Management also requested the presence of MAST to help explain the law. [page 175] 175 BETTER WORK HAITI - 23RD SYNTHESIS REPORT . Factory: MGA Haiti S.A. Location: Port-au-Prince Number of workers: 1323 Date of registration: Oct-09 Date of last two Better Jun-19 Feb-21 Work assessments: Advisory and Training Services Nov-21 Virtual advisory meeting Advisory summary - Meeting with management to work on the first progress report guidelines in order to complete the online questionnaire. Nov-21 Virtual advisory meeting Advisory summary Meeting with the Bipartite committee to follow up on - The work the committee has done during the year. - Follow-up of the issue of payment of maternity leave. - Tracking corrected improvement. Meeting with management to. - Discuss proof of progress on the Improvement plan. - Follow up on the progress report 1. - Conduct a factory tour and update the improvement plan. Jun-21 Virtual advisory meeting Advisory summary meeting with the bipartite committee to discuss: - How to improve the Social dialogue and grievance mechanism in the workplace - Late payment of maternity leave Meeting with management to. - Review the improvement plan - Conducted a factory tour May-21 Virtual advisory meeting Advisory summary Meeting with the bipartite committee to discuss - The new improvement plan, root causes and necessary corrective actions and follow up on the training plan. Meeting with management - To follow up on the compensation issues and conducted a factory tour. May-21 Training Virtual Sexual Harassment Awareness and Prevention May-21 Training Virtual training Covid-19 Emergency Preparedness Apr-21 Training Virtual OSH Event Workshop Mar-21 Training Virtual Industry Seminar on ILO Conventions 87 and 98 Mar-21 Training Virtual Webinar on Covid-19 Human Resources Management (HRM) - French Mar-21 Training Virtual training Covid-19 Emergency Preparedness Nov-20 Virtual advisory meeting Advisory session to discuss ongoing COVID-19 protocol, Health services, emergency preparedness and Social security services. Nov-20 Training Virtual Socially Responsible Transitioning ASSESSMENT COMPLIANCE CLUSTER COMPLIANCE POINT DETAILS OF NON COMPLIANCE IMPROVEMENT PRIORITIES REMEDIATION EFFORTS MONTHS Assessment February 2021 Feb-21 Compensation Paid Leave Inaccurate annual leave payments. Calculate the annual leave on 9 worker's daily average . [page 176] 176 Feb-21 Occupational Safety and Emergency Preparedness Insufficient workers trained in the use Train at least 10% of the workforce The factory trained more than 45 Health of fire-fighting equipment. in the use of fire-fighting 10% of the workforce. equipment. Feb-21 Occupational Safety and Emergency Preparedness Emergency exit door was locked Keep allthe exit doors open during The factory removed the exit 9 Health during working hours. working hours. sign. Feb-21 Occupational Safety and Emergency Preparedness Evacuation plan of two buildings are Post updated evacuation plans for 45 Health not updated and no evacuation plan all buildings. for another one. Feb-21 Occupational Safety and Emergency Preparedness No fire extinguisher were available in Install adequate firefighting The factory installs the 45 Health one building and one is obstructed in equipment and ensure regular required fire fighting another one. maintenance is done. equipment in the building and keeps it all clear. Feb-21 Occupational Safety and Emergency Preparedness No fire alarm system was installed in Install a functioning alarm system in All the safety and protection 9 Health two building, all buildings: equipment has been installed: Feb-21 Occupational Safety and Health Services and First Aid Insufficient workers trained in first Train at least 10% of the workforce 45 Health aids. in first aids. Feb-21 Occupational Safety and Health Services and First Aid One first aid box was not accessible Ensure, regular checking is done for The factory install one first aid 25 Health and another one had expired all first aids boxes and Install first box in building 10 and refill all products in one building, no first aid aid boxes in the building. boxes in building 11 & . boxes available in another one and one was empty. Feb-21 Occupational Safety and Health Services and First Aid Insufficient medical personnel. Hire additional nurses. 45 Health Feb-21 Occupational Safety and Health Services and First Aid Annual Medical checks conducted Proactively work with OFATMA to We call OFATMA, then they 37 Health only to 217 workers by OFATMA. distribute the health cards and will continue with the process conduct the medical checks as required! Feb-21 Occupational Safety and Health Services and First Aid The factory does not provide free Proactively work with OFATMA to we call OFATMA to have 37 Health health checks within the first three distribute the health cards and appointment to check up the months of hiring. conduct the medical checks as workers. required. Feb-21 Occupational Safety and Welfare Facilities The factory has insufficient Increase the number of functioning 45 Health functioning toilets toilets in the workplace. Feb-21 Occupational Safety and Working Environment Light levels were inappropriate in all Ensure the lighting is adequate and The maintenance team has 45 Health the working sections. adapted to worker's needs. installed more lights, to solve that issue. [page 177] 177 Feb-21 Occupational Safety and Working Environment Workplace temperatures levels are Monitor the temperature level and Fans have been installed, in 45 Health unacceptable. maintain it under 30 C inside the order to lower the workplace. temperature. Feb-21 Occupational Safety and Worker Protection The factory does not check the body Systematically check all worker's 14 Health temperature for workers as well as and visitors’ body temperature upon the visitors and keep a registry. entry and Keep a record of all people whose temperature are above 38C. Feb-21 Occupational Safety and Worker Protection Social distance is not respected on Ensure that 1.5 meter of distance is 9 Health the factory floor. respected on the production floor and eating area. Feb-21 Occupational Safety and Worker Protection Improper maintenance of electrical Improve the electrical maintenance The factory cover the exposed 28 Health system of the factory. and Create a maintenance log. electrical wires in the boiler room and generator room and unobstructed the electrical panel. Feb-21 Occupational Safety and Worker Protection Sewing machines were missing finger Install all missing finger guards and The factory has installed all 45 Health guards. ensure proper monitoring is the missing guards on all the conducted machines. Feb-21 Occupational Safety and Worker Protection Standing mats were not available to Provide foot rests or shock The factory provided shock 9 Health all workers. absorbing mats to standing workers. absorbing mats for all standing workers. Feb-21 Occupational Safety and Chernicals and Hazardous No eye washing facilities installed Install an eyewash station or eye Building 4B is closed. 9 Health Substances near the welding workshop. wash bottles. Feb-21 Occupational Safety and Chemicals and Hazardous MSDSs are not available in local Translate and post MSDS where MSDS for all chemical product 28 Health Substances language for all chemicals used in the chemicals are used in the workplace. has been installed where workplace. required. Feb-21 Occupational Safety and Chernicals and Hazardous Chemical and hazardous substances Label all chemicals and hazardous The factory properly labelled 28 Health Substances are not properly labelled substances used in the workplace. all containers. Feb-21 Occupational Safety and Chemicals and Hazardous Inventory of chemicals and Update inventory of chemicals and 28 Health Substances hazardous substances is not hazardous substances in the updated. workplace. Feb-21 Working Time Regular Hours Inaccurate attendance record. Ensure that the factory has an 9 accurate attendance recording system. Feb-21 Working Time Regular Hours Working hours including break time Post working hours including break The factory have posted the 9 were not posted in one building. time in all building were all workers working hour including break can see it. time. Feb-21 Working Time Regular Hours Workers in cleaning department, Ensure workers receive a full day off The factory offered weekly rest 9 packing and boiler room are not after 48 hours of work per week as a day to all workers. systematically entitled of weekly rest weekly day of rest. day after 48 hours of work. [page 178] 178 Feb-21 Contract and Human Termination Inaccurate annual salary supplement Calculate annual salary supplement 9 Resources or bonus upon termination or bonus upon termination based calculation. on worker's average earnings. Feb-21 Contract and Human Termination Inaccurate unused annual leave Calculate unused annual leave upon 9 Resources calculation upon termination . termination based on worker's average earnings. Feb-21 Compensation Social Security and Other The employer collects and transfers Calculate this amount based on a Benefits the worker's contribution to OFATMA workers basic salaries by adding the on time. However, the calculation is daily break payment in the payroll. inaccurate. Feb-21 Compensation Social Security and Other The employer has paid 3 percent of Calculate this amount based on a Benefits workers’ basic salary to OFATMA. workers basic salaries by adding the However, the calculation is daily break wage in the payroll. inaccurate. Feb-21 Compensation Social Security and Other No proof of payment to OFATMA for Make sure documentation is The factory starts the payment 9 Benefits work related accident was shared available during the evaluation of work related accident. during the assessment visit. period. Feb-21 Compensation Social Security and Other The employer collects and transfers Calculate this amount based on 9 Benefits the worker's contribution to ONA on workers basic salaries by adding the time. However, the calculation is daily break wage in the payroll inaccurate. Feb-21 Compensation Social Security and Other The employer has paid 6 percent of Calculate this amount based on 9 Benefits workers’ basic salary to ONA. workers basic salaries by adding the However, the calculation is daily break payment in the payroll. inaccurate. Feb-21 Compensation Paid Leave The lunch break is not compensated Ensure that the daily break is 9 in the payroll. accurately paid to all workers. Feb-21 Compensation Paid Leave The factory did not provide evidence Ensure that documentation is The factory provided proof a of payment for maternity leave. available during the evaluation that OFATMA pays all period. breastfeeding workers the payment for maternity leave. However, the payment is not on workers’ basic salarv Feb-21 Compensation Paid Leave The factory did not provide evidence Ensure that documentation is 9 of sick leave payment. available during the evaluation period. Feb-21 Compensation Paid Leave Inaccurate annual leave payments. Calculate the annual leave on 9 worker's daily average earnings Feb-21 Occupational Safety and OSH Management Systems Factory does not have a system in Ensure that a system is in place for 14 Health place for the clean and disinfectthe the clean and disinfect the workplace. workplace. [page 179] 179 Feb-21 Occupational Safety and OSH Management Systems The factory does not have an Develop an appropriate COVID-19 14 Health adequate protocol related to COVID- protocol 19 that includes all the elements. Assessment June 2019 Jun-19 Working Time Leave Maternity leave records and workers 1. Ensure that the workers have at interview revealed that some least 6 weeks before their due date workers received less than 12 weeks and 6 weeks after as required by of maternity leave. In fact the factory law. does not have a system in place to ensure that the workers have at least 6 weeks before their due date and 6 weeks after as required by law. Jun-19 Working Time Regular Hours Worker's interview revealed that Ensure pregnant women receive 2 pregnant women only received 20 pauses of 30 minutes or 3 pauses minutes of additional breaks. of15 minutes. Management said they can take 30 minutes of additional break before or after the lunch. Therefore pregnant woman are not entitled to two periods of rest per day of at least half an hour each, in addition to the rest period require for meal. Jun-19 Occupational Safety and Emergency Preparedness At the time of the assessment visit, 1. Ensure at least 10% of the -Factory trained Tl additional Health the training records provided workforce is trained. workers on firefighting revealed that 21 out of 1147 workers equipment on July Sth. were trained in fire-fighting -Factory trained 47 additional equipment, which is less than the 10 workers on Jan 25th 2020 percent of the workforce recommended by Better Work. Management explained that they will arrange more trainings. Jun-19 Occupational Safety and Emergency Preparedness During the assessment visit escape 1.Work with OSH committee to Compliance makes conscious Health route were obstructed with tables in ensure escape routes are not effort to patrol aisles and train the sewing lines of building 11 and 17. obstructed. workers. The space available cannot accommodate the number of machines currently in productions. This is an ongoing challenge Jun-19 Occupational Safety and Emergency Preparedness During the assessment visit, Update evacuation to reflect exact Health assessors noticed the evacuation lay out of the floor. plan of building 17 did not show the location of all emergency exits. Also, the escape routes in the mezzanine of this same building are not clearly marked. [page 180] 180 Jun-19 Occupational Safety and Emergency Preparedness During the assessment visit 1. Perform weekly checks of fire Health assessors noticed adequate fire extinguishers fighting equipment. However, one 2. Ensure Proper charge with hired fire extinguisher in the fabric 3rd party provided. warehouse of building 17 was overcharged. In addition, the one in the boiler room is too small and not well located in case of an emergency. Jun-19 Occupational Safety and Health Services and First Aid At the time of the assessment visit, 1. Ensure that at least 10% of the -Trained 20 additional workers Health the training records provided population is trained on first aid. on July 12th revealed that 35 out of 1147 workers - Trained 60 additional were trained in first aid, which is less workers During November than the 10 percent of the workforce 2019 recommended by Better Work. Management explained that they will arrange more trainings. Jun-19 Occupational Safety and Health Services and First Aid First aid boxes are available in the 1. Ensure that all first aid boxes are Health workplace. However, the first aid box accessible during working hours. next to line 8 of building 17 could not 2. Have 2 sets of keys assigned to 2 be opened because the key was not different personnel within proximity available. Management said they will of boxes capable of accessing as ensure that all first aid boxes are needed. accessible during working hours. Jun-19 Occupational Safety and Health Services and First Aid Assessor's observations and 1. Provide a permanent onsite Health statements by management staff medical service, with at least 6 and workers confirmed that the nurses. factory has 2 full time nurses and 3 doctor's visits per week. To comply with the Haitian Labour Code, a factory of this size must have a permanent onsite medical service, with at least 6 nurses. Jun-19 Occupational Safety and Health Services and First Aid Workers' interview confirmed that the 1. Ensure OFATMA performs Health factory did not provide on a regular medical checks for all personnel basis an annual medical check for all categories as needed workers. During the assessment visit 93 out 948 workers received the medical checks. Management stated that they just started the process to provide medical checks for all the workers. [page 181] 181 Jun-19 Occupational Safety and Health Services and First Aid Workers' interview confirmed that 1. Ensure OFATMA performs Health they did not receive a medical check medical checks for all personnel twice a year. Management stated categories as needed that the person who was in charge to monitor the health checks resigned. Actually the factory is in the process of providing medical checks to all the workers. Jun-19 Occupational Safety and Health Services and First Aid Workers' interview confirmed that 1. Ensure OFATMA performs Factory outsourced medical Health they did not receive a medical check medical checks for all personnel checks to OFATMA as per within the first three months of categories as needed labor code. hiring. No documentation was also available in workers files. Management stated that they are in the process to provide medical checks for all the workers. Jun-19 Occupational Safety and Welfare Facilities Assessors observed that eating area Factory needs to encourage workers Health can accommodate only 50 percent to use space already available in of workforce. Moreover, workers were … order evaluate additional needed seated on the floor even though space. there were free seats. Jun-19 Occupational Safety and Welfare Facilities The factory has 24 functioning toilets Health for women and 10 functioning toilets for men. Under the Haitian Labor Code there should be at least one toilet for every 25 men and one toilet for every 15 women. With its current workforce, the factory should have 14 functioning toilets for men and 40 functioning toilets for women. Assessors did not observe any waiting lines outside the toilets. Jun-19 Occupational Safety and Working Environment The level of lighting in the workplace Purchase better light bulbs Health is unacceptable: reinforced by natural light Sewing section- 198 Lux penetration for better lighting Quality section- 1392 Lux Cutting section- 315 Lux Packing section- 240 Lux Pressing section- 269 Lux Better Work recommends a minimum of 300 lux for this section: Pressing section Better Work recommends a minimum of 500 lux for these sections: Sewing, cutting, packing Better Work recommends a minimum [page 182] 182 Jun-19 Occupational Safety and Working Environment Assessors measured the workplace Health temperatures as follows: At12:53 Pm Outside temperature was 34.1 C Quality section- 35.9 C Cutting section- 34.9 C Sewing section- 35.6 C Pressing section- 36.1 C Packing section- 36.1 C Better work recommends à temperature below 30 C Jun-19 Occupational Safety and Worker Protection Assessors observed safety warnings 1.Ensure safety warning signs are Warning signs are posted Health sign were not posted on electrical posted on all electrical panels. panels in the Boiler room. Jun-19 Occupational Safety and Worker Protection Assessors found the following issues: 1. Develop monitoring and Panels in buildings 11 and 17 Health - Exposed electrical wires in building maintenance system for electrical are covered with metal T near the second exit ; safety. - One electrical panel was enclosed 2. Ensure electrical mounting are in a wooden box in the mechanic not made on combustible material shop of building 17 on the other side 3. Ensure generator is properly of the Generator room; grounded - Cable tray are made of combustible material in cutting section and boiler room; - Isolation of electrical wires not properly and mounted on wooden box in the mechanic workshop of building 17. - The generator is not grounded Jun-19 Occupational Safety and Worker Protection More than 20 percent of all sewing 1. Perform weekly inspections of Factory conducts random Health machine are missing eye guards and machine guards according to inspections of machine pulley guards. monitoring and maintenance guards. system. 2.Documents inspections and renairs nerformed Jun-19 Occupational Safety and Worker Protection Management has provided metal 1. Ensure proper metallic gloves are Health gloves for workers in the cutting given to workers in the cutting department, gloves and goggles for section. workers in the mechanical workshop. However, workers in the cutting section had not been provided with proper gloves. Also, management did not provide safety shoes for workers in the boiler room and earplugs for workers in the generator room. Jun-19 Occupational Safety and Chemnicals and Hazardous During the assessment visit there Install properly functioning eyewash Eyewash installed for both Health Substances were no eye washing facilities in the stations at the mechanic shop shops mechanical workshop where chemicals are stored and used. Management stated that they are in the process of installing an eye wash station. [page 183] 183 Jun-19 Occupational Safety and Chemicals and Hazardous No MSDS were available in the 1. Prepare and POST MSDS for all Health Substances mechanic shop of building 11 for chemical products at the factory cement, in the chemical storage area for silicon. Also, MSDS was missing for spot remover in the spot cleaning of building 17. Management said they will address this issues shortly. Jun-19 Occupational Safety and Chemnicals and Hazardous Assessors found two unlabeled 1. Ensure standard labelled Health Substances containers of Oil in the mechanic containers are used in all areas of workshop and one unlabeled the factory as necessary. container of oil in the cutting section 2. Apply sanctions against violations of building 17. In addition, the Gas tank was not identify in the generator rnnm Jun-19 Occupational Safety and Chemicals and Hazardous The factory keeps an inventory of 1. Review purchase log of chemical Health Substances chemicals. However, the inventory products with person in charge of was not updated at the time of the buying assessment visit. Also, the inventory 2. update inventory with all new does not include the location of the products accordingly. different storage area that exists in the factory. Management said they will update the inventory accordingly. Jun-19 Occupational Safety and OSH Management Systems During the assessment visit 1. Share proof of OSH assessments Health management could not provide documents after most recent evidence of an assessment of general assessment. occupational safety and health. 2. Develop OSH assessment schedule monthly with OSH committee 3. Document OSH findings on template provided to share with EACTANV sdicar Jun-19 Compensation Social Security and Other The factory is not registered with Fufill registration with ofatma Ofatma has registered with Benefits OFATMA for maternity and health ofatma insurance. Management said that the registration is in process. Jun-19 Compensation Social Security and Other The factory is not registered with Fufill registration with ofatma Factory completed registration Benefits OFATMA for maternity and health august 8th insurance. Management said that the registration is in process. Jun-19 Compensation Paid Leave The maternity payment register and Complete registration with ofatma for Factory registered with ofatma payroll records show that maternity maternity and health care. for maternity and health leave payments are based on average earnings. However, the factory only paid 6 weeks for maternity leave instead of 12 weeks. Management said that they will start the registration process with OFATMA for maternity and health insurance so eligible workers can benefit the full 12 weeks. [page 184] | EE [page 185] 185 BETTER WORK HAITI - 23RD SYNTHESIS REPORT Factory: Pacific Sports Haiti S.A è Location: Port-au-Prince Number of workers: 1,507 Date of registration: Oct-09 Date of last two Better Jul-19 Sep-21 Work assessments: Advisory and Training Services 25-Nov-21 PICC Meeting Meeting to present the last assessment findings and identified root causes. 25-Nov-21 Advisory meeting Virtual meeting with the compliance team to update Better work portal and explain the 3*8 law. Virtual OSH tour on Chemical management. 14-Oct-21 PICC Meeting Meeting to evaluate the progress of the factory and review the improvement plan. 1-Sep-21 PICC Meeting Meeting to discuss about the different ways to reduce the occurrence of accidents in the workplace. 30-Aug-21 PICC Meeting Meeting to develop a mechanisms regarding the persistent non compliance in the mechanic workshops. 19-Jul-21 PICC Meeting Meeting to brainstorm about mechanism to lower the temperature levels on the sewing floor. 30-Jun-21 PICC Meeting Meeting to raise awareness on emergency preparedness. 22-Jun-21 Advisory meeting Virtual meeting with union representative on improvement made by the factory and general concerns. Meeting with the compliance team to validate pending issues. Follow up on OFATMA work related accident and Sick leave. Review the risk management procedure, COVID-19 procedure, inventory of chemicals products. 27-May-21 PICC Meeting PICC Committee meet and discuss about how we can handle the minor confilicts in the factory in collaboration with human resources. 25-May-21 Training Virtual Industry Semninar on Chemical Management System. 5-Mar-21 Training Virtual Industry Seminar on ILO Conventions 87 and 98. 22-Apr-21 PICC Meeting Meeting to present the HR policy. 23-Mar-21 PICC Meeting Meting to discuss about OFATMA maternity and health insurance. 20-Jan-21 PICC Meeting Meeting to identify the root cause of block aisles in all buildings. 23-Feb-21 PICC Meeting Meeting to review accomplishments and emerging new challenges, then identify the training needs. 27-May-21 Advisory meeting Virtual meeting on electrical safety and emergency preparedness. Meeting with the compliance team to review the OSH self assessment, accident reports, training records, water test, inventory of chemicals, OSH policy and risk assessment procedure. 22-Apr-21 Advisory meeting Virtual meeting with union leaders on OSH issues. Virtual OSH tour to validate pending issues on emergency preparedness. Document reviews: Social security, emergency preparedness, Training records, Fire drills, Social security payment, Accident investigation, emergency preparedness procedures. 19-Jan-21 Advisory meeting Virtual meeting with workers’ representative on workplace cooperation. Virtual OSH tour on emergency preparedness. Meeting with the compliance team to validate the Improvement plan. Verify annual leave and boni compensation. 5-Nov-20 Advisory meeting Virtual OSH tour with the compliance team to validate pending issues. Short session with the compliance team on emergency Preparedness COVID-19, Risk assessment and electrical safety. DETAILS OF NON ASSESSMENT COMPLIANCE CLUSTER COMPLIANCE POINT COMPLIANCE IMPROVEMENT PRIORITIES REMEDIATION EFFORTS MONTHS Assessment October 2020 [page 186] 186 Sep-21 Working Time Leave Assessors found at least one Have a procedure in place to 2 case where the pregnant request a medical certificate in workers where provided more case their physical state does than 6 weeks before the not allow the pregnant worker to delivery. remain working until the 6 weeks before the delivery due data Sep-21 Working Time Regular Hours The regular working hours are Revise the internal regulations 2 from 7:00 AM to 4:00 PM and make sure that the regular (including an hour of daily hours do not exceed 48 hours break), from Monday to per week. Saturday, which is equivalent to 9 hours per day and 54 hours per week. Sep-21 Occupational Safety and Emergency Assessors observed a Identify electrical installations Signs of electrical hazards 27 Health Preparedness rechargeable electric bulb requiring warning signs. Post have been posted. wrapped and hidden in cloth corresponding signs. Remind as it charged into a electrical supervisors about their outlet. responsibility to enforce OSH in their area. Sep-21 Occupational Safety and Emergency Fire drills are not performed Include the fire drill in the The factory kept a registry for 2 Health Preparedness twice à year. training plan fire drill. Ensure that the fire drill is conducted every 6 months Sep-21 Occupational Safety and Emergency Obstructed Escape routes were Provide additional training for A checklist has been 39 Health Preparedness obstructed. supervisors and workers, implemented. rearrange the storage room. Keep escape routes free of obstruction. Sep-21 Occupational Safety and Emergency The escape routes are not Paint evacuation arrows and A checklist has been 2 Health Preparedness clearly marked in all the yellow lines on the floor to show implemented. buildings. the exit pathway. Specify who conducts additional daily weekly checks. Sep-21 Occupational Safety and Emergency One extinguisher was Have à fire extinguisher suitable 2 Health Preparedness undercharged. for the factory conditions. Develop a procedure for recharging the fire extinguishers. Sep-21 Occupational Safety and Emergency The alarm system does not Have a fire detection and alarm The fire detection and alarm 2 Health Preparedness include emergency lights while system suitable for the factory system include emergency the factory employs 44 deaf conditions. lights. workers. Sep-21 Occupational Safety and Health Services and Insufficient number of nurses. Hire additional medical staff to 2 Health First Aid have at least 7 nurses for the current workforce. [page 187] 187 Sep-21 Occupational Safety and Welfare Facilities The water provided to the Conduct the water test on a 2 Health workers is not being tested on monthly basis. a monthly basis. Update the OSH policy. Sep-21 Occupational Safety and Working Environment The level of lighting in the Increase the light level to reach 37 Health workplace is unacceptable. 300 lux in Pressing section, 500 lux in Sewing, cutting, packing. 750 lux in trimming, Inspection section. Sep-21 Occupational Safety and Working Environment Workplace temperature level Increase the ventilation with 101 Health exceed 30 Cin all buildings. additional fans. Conduct regular measurement of temperature & compare with threshold value. Sep-21 Occupational Safety and Worker Protection Exposed electrical wires in the Properly support the electrical The exposed wires have been 27 Health welding area. cable; Insulate the exposed insulated. electrical wires, Make sure that the door of the electrical panel is closed. Sep-21 Occupational Safety and Worker Protection Shock absorbing mats were Provide anti fatigue mats for 2 Health not provided to all workers. standing workers. Also provide sufficient break during which workers can sit down. Sep-21 Occupational Safety and Worker Protection Workers are not using proper Define staff in charge of 2 Health personal protective equipment. providing and renewing the PPE's. Provide employees with all necessary personal protective clothing and equipment. Sep-21 Occupational Safety and Chemicals and The employer did not provide Install an eye wash station in 2 Health Hazardous adequate washing facilities or the welding area. Substances cleansing materials in the welding area. Sep-21 Occupational Safety and Chemicals and Chemical safety data sheets Keep chemical MSDS for all 39 Health Hazardous were not made available in the hazardous chemicals used in Substances welding area. the workplace. Specify who is in charge of receiving MSDS from supplier. Verify the MSDS has the needed elements. Sep-21 Occupational Safety and Chemicals and Unidentified containers of Define who control the chemical 27 Health Hazardous product found in several areas container upon receipt from Substances of the workplace. supplier and control the label. Define who is entitled to pour chemicals in other recipients and label them. [page 188] 188 Sep-21 Occupational Safety and Chemicals and The inventory of chemnicals is Assign a person responsible for 27 Health Hazardous not accurate. updating inventories of Substances hazardous substances in the various locations where they are stored or used. Sep-21 Contracts and Human Termination The calculation of bonus upon Pay the lunch break and include 2 Resources termination does not include it in the calculation of bonus the lunch break payment. upon termination. Sep-21 Contracts and Human Termination The calculation of unused paid Pay the lunch break and include 2 Resources annual leave upon termination it in the calculation for unused does not include the lunch paid annual leave upon break payment. termination. Sep-21 Contracts and Human Termination The calculation of the payment Pay the lunch break and include 2 Resources for the applicable notice it in the payment for the period. does not include the applicable notice period. lunch break payment. Sep-21 Compensation Social Security and The employer pays workers for Pay the lunch break and include 2 Other Benefits annual salary supplement or it in the calculation of sick leave, bonus. However, the maternity leave and annual calculation does not include leave. the lunch break payment. Sep-21 Compensation Social Security and The factory is not registered Register with OFATMA. include sl Other Benefits With OFATMA for maternity the lunch break in worker' and health insurance. contribution to OFATMA. Therefore, the employer does Collect and forward workers’ not collect and forward contribution within the first 10 workers contribution to the business days of the next social security institution. month for the previous month. Sep-21 Compensation Social Security and The factory is not registered Register with OFATMA. Include 51 Other Benefits with OFATMA for maternity the lunch break in the employer and health insurance. contribution to OFATMA and Therefore, the employer does ensure payment are done within not contribute 3 percent of the first 10 business days of the workers’ basic salary to the next month for the previous social security institution. month. Sep-21 Compensation Social Security and The calculation of the workers’ Pay the lunch break and 2 Other Benefits contribution to ONA does not Forward worker contribution to include the lunch break ONA within the first 10 business payment. days of the next month for the previous month. [page 189] 189 Sep-21 Compensation Social Security and The calculation of the Pay the lunch break and 2 Other Benefits employer's contribution to Forward worker contribution to ONA does not include the ONA within the first 10 business lunch break payment. days of the next month for the previous month. Sep-21 Compensation Paid Leave The factory did not pay annual Discuss legal requirements with 2 leave, Sick leave, maternity the General Manager. leave and the daily break Pay the lunch break. correctly. Sep-21 Compensation Paid Leave The lunch breaks is not Discuss legal requirements with 2 compensated in the payroll. the General Manager. Pay the lunch break. Sep-21 Compensation Paid Leave The factory only paid 6 weeks Register with OFATMA for 27 of maternity leave when maternity and health insurance. workers are entitled to 12 Ensure workers are paid 12 weeks of payment. weeks of maternity leave. Sep-21 Compensation Paid Leave The calculation of sick leave Pay the lunch break and include 2 payments does not include the _ it in the calculation of sick leave. lunch break payment. Sep-21 Compensation Paid Leave The calculation of annual Pay the lunch break and include 2 leave payment. Does not it in the annual salary include the lunch break supplement. payment. Assessment October 2020- July 2019 Oct-20 Occupational Safety and OSH Management The factory does not have a Develop a checklist for the daily Health Systems checklist to record the daily cleaning and disinfection of the cleaning and disinfection of workplace. the workplace. Oct-20 Occupational Safety and OSH Management The factory does not have an Develop à protocol that includes Factory has participated in the Health Systems appropriate a COVID-19 task force, hygiene review of the management epidemic/pandemic protocol procedures, entry and exit guidelines for COVID 19 and related to COVID-19 in place. procedures and reporting has started implementing the Procedures. recommendations. Jul-19 Occupational Safety and Emergency Several aisles were obstructed Identify additional space for Health Preparedness by moving equipment and storing goods. Then fabric materials. Specify who conduct daily/weekly checks. Jul-19 Occupational Safety and Emergency Inaccurate evacuation plan. Update the evacuation plan and The evacuation plans have Health Preparedness post it at the workplace. been updated but not posted. Jul-19 Occupational Safety and Working Environment Insufficient lighting in the Ensure the lighting is adequate The factory has added more Health Workplace. and adapted to worker's needs. light in the necessary area. [page 190] 190 Jul-19 Occupational Safety and Working Environment Workplace temperature exceed Use electrical exhaust fans or Health BW recommended limit of 30 cooling systems. Ensure that C. the air-flow to and from the fans is not blocked. Jul-19 Occupational Safety and Worker Protection Electrical breakers are not Label all electrical breakers. All electrical breakers are Health labelled. Then include this aspect in the labelled. system of daily-weekly checks. The OSH officer is in charge of the weeklv verification Jul-19 Occupational Safety and Chemicals and Material Safety Data Sheets Assign a person in charge of All the recommendations have Health Hazardous were not available for several receiving MSDS from supplier been implemented. MSDS are Substances chemicals and hazardous and verify that the MSDS has all available for the chemical and substance. the required sections. hazardous substances. Jul-19 Occupational Safety and Chemicals and Unlabeled containers of oil. Label all chemical and A procedure for chemical Health Hazardous hazardous substances used in management has been Substances the workplace. developed. Jul-19 Occupational Safety and Chemicals and Inaccurate inventory of Assign a person responsible for Management has kept an Health Hazardous chemical products used in the : updating the inventory of inventory of chemical Substances workplace. hazardous substances. products and assigned someone for updating the inventories. The OSH officer is responsible for the verification. Jul-19 Compensation Social Security and The factory has not collected Register with OFATMA for Other Benefits and forwarded workers’ maternity and health insurance. contributions to OFATMA for Then Collect and forward maternity and health workers’ contributions to insurance. OFATMA. Jul-19 Compensation Social Security and The factory has not registered Register with OFATMA for Other Benefits With OFATMA for maternity maternity and health insurance. and health insurance. Jul-19 Compensation Paid Leave Maternity leave payment is Register with OFATMA for inaccurate. maternity and health insurance. [page 191] 191 BETTER WORK HAITI - 23RD SYNTHESIS REPORT Factory: Premium Apparel Location Port-au-Prince Number of workers: 984 Date of registration: Sep-10 Date of last two Better Aug-19 Nov-21 Work assessments: Advisory and Training Services 4-Oct-21 Advisory meeting Virtual meeting with workers’ representative on management interference, equal treatment and communication in the workplace. Meeting with the compliance team to provide guidance on HR management systems and HR performance indicator, then explain sick leave and maternity leave payment. Documentations review such as: Training records, fire dill, employee contract, accident reports and OSH self assessment. 6-Aug-21 Training Virtual training on HIV/AIDS 30-Jul-21 Training Virtual training on Emergency Preparedness 30-Jul-21 Advisory meeting Virtual meeting with the compliance team to verify files of terminated workers and provide feedback. Then, review training records on PPE and chemical management. 20-May-21 Training Virtual training on Socially Responsible Transitioning. 6-May-21 Advisory meeting Virtual meeting to review and validate the improvement plan. Document review: COVID-19, Accident investigation, Risk assessment. Virtual OSH tour on emergency preparedness. 28-Apr-21 Training Virtual OSH Event Workshop. 22-Apr-21 Bipartite Committee Meeting During the meeting the following points were discussed : light bulb to be replaced on the floor and new badge for the committee members. Wearing of the mask is mandatory on the floor, Social distance to be respected at the cafeteria and awareness for wearing closed shoes. 18-Mar-21 Bipartite Committee Meeting The points addressed during this meeting are as follows: the availability of paper in the toilets, lack of privacy in the men's toilets, liquid soap is not always available and lack of cleanliness in the women's toilets (Maton). Stock trim is insufficient at premium. Water fountain out of service at Maton and Premium. 21-Jan-21 Bipartite Committee Meeting Virtual meeting to present the role of the bipartite Committee, set goals for the year 2021 and identify training needs. 6-May-21 Advisory meeting Meeting with the compliance team to validate pending issues on the improvement plan. Document review: COVID-19, Accident investigation, Risk assessment. Virtual OSH tour. 22-Feb-21 Advisory meeting Virtual OSH tour : Chemical management, emergency preparedness. Meeting with the compliance team to follow up on sick leave and HR performance indicator. 30-Oct-20 Advisory meeting Virtual meeting with the compliance team to review Sick leave payments, recruitment procedures, Disciplinary and termination procedures, Payment upon termination, breaks provided to pregnant women and breastfeeding women/ payments. ASSESSMENT COMPLIANCE CLUSTER COMPLIANCE POINT DETAILS OF NON COMPLIANCE IMPROVEMENT PRIORITIES REMEDIATION EFFORTS MONTHS Assessment October 2021 Nov-21 Working Time Regular Hours The regular working hour is equivalent Revise the internal regulations and 1 to 9 working hours per day and 54 make sure that the regular hours hours per week. do not exceed 48 hours per week. Nov-21 Occupational Safety and Emergency Preparedness Assessors observed obstructed aisles Provide additional training for 1 Health in the factory floor. supervisors and workers. Provide additional space for storing goods. [page 192] 192 Nov-21 Occupational Safety and Emergency Preparedness The escape routes are not clearly Paint evacuation arrows and 1 Health marked in all the building. yellow lines on the floor to show the exit pathway. Conduct regular comprehensive OSH assessment and identify whether the markings are faded. Nov-21 Occupational Safety and Emergency Preparedness Although the plant has sufficient fire Set up of additional workshop for 1 Health extinguishers, the assessors found 1 workers. Remind supervisors obstructed fire extinguisher. about their responsibility to enforce OSH in their area Nov-21 Occupational Safety and Health Services and First Aid Insufficient medical staff. Hire additional medical staff to 120 Health have at least 4 nurses for the current workforce. Nov-21 occupational Safety and Health Services and First Aid Management did not share evidence Pay the health cards and ensure 120 Health that annual medical checks were workers received their health cards provided to workers. and annual health check Nov-21 Occupational Safety and Health Services and First Aid Management did not share evidence Develop an health check plan for 1 Health that medical checks were provided to workers who are exposed to work- workers exposed to work related related hazards. hazards. Nov-21 Occupational Safety and Health Services and First Aid Management did not share evidence Pay the health cards. Develop an 1 Health that medical checks were provided to health check plan for workers in workers in their first three months of their first three months of hiring. hiring. Nov-21 Occupational Safety and Welfare Facilities The factory has an eating area. At the Develop a cleaning plan to ensure 1 Health time of the assessment, assessors that the eating area is properly observe that it was not well maintained maintained and can and also serves as fabric storage area. accommodate the workforce. Nov-21 Occupational Safety and Welfare Facilities Insufficient number of toilets for men Increase the number of toilet to 53 Health and women. have at least one toilet for every 25 men and one toilet for every 15 women. Nov-21 Occupational Safety and Working Environment Lux level is insufficient in all sections. Increase the light level to reach 1 Health 300 lux in Pressing section, 500 lux in Sewing, cutting, packing. 750 lux in trimming, Inspection section. Nov-21 Occupational Safety and Worker Protection The factory check all workers and Check all workers and visitors The factory kept a registry for 1 Health visitors body temperature upon entry temperature at the entrance keep people presenting a but does not keep a registry for all a registry for people presenting a temperature of 38 C and persons who present a temperature of temperature of 38 C and above. above. 38C and above. [page 193] 193 Nov-21 Occupational Safety and Worker Protection The social distance is not respected on Review and update the COVID-19 1 Health the floor during working hours as well procedure. during entry and leaving. Ensure the social distance is respected during working hours. Nov-21 Occupational Safety and Worker Protection During factory tour, assessors observed Add this aspect in the daily and The batteries terminals in the 1 Health that the batteries terminals in the weekly checks. generator has been properly generator were not covered. insulated and this aspect is included in the daily checklist. Nov-21 Occupational Safety and Worker Protection During the factory tour, several sewing Review and update the internal 1 Health machines were observed without eye audit procedure. guards and pulley guards. Develop a maintenance plan for the sewing machines. Nov-21 Occupational Safety and Worker Protection It was observed that chairs in the Provide chairs with backrest to 1 Health sewing areas are missing backrest. workers. Nov-21 Occupational Safety and Worker Protection 60 percent of workers do not use their Ensure that all workers in the 1 Health mask to prevent the risks of exposure workplace use their mask to to COVID-19. prevent the risks of exposure to COVID-19. Nov-21 Occupational Safety and Chemicals and Hazardous The chemical inventory was not Develop a chemical management 1 Health Substances accurate and did not include the name procedure and update the of all chemicals used in the workplace. inventory accordingly. Nov-21 Contracts and Human Employment Contracts The factory's internal work rules is not Display the internal work rules in The internal rules has been 1 Resources posted in the workplace. the workplace. posted in the workplace. Nov-21 Compensation Social Security and Other Worker's contribution to OFATMA is include the lunch break in worker's The factory is paying their debt 62 Benefits calculated on the minimum salary, and contribution to OFATMA. Ensure based on an agreement with the calculation does not include the payment are done within the first … OFATMA. The factory has lunch break payment. 10 business days of the next forwarded Worker's month for the previous month. contribution to OFATMA from June 2021 to November 2021 except for the month of October 2021. Nov-21 Compensation Social Security and Other The employer contribution to OFATMA Include the lunch break in the The factory is paying their debt 62 Benefits is calculated on the minimum salary. employer contribution to based on an agreement with The factory made two payments in OFATMA. Ensure payment are OFATMA. The factory has September 2021, representing 25.50% done within the first 10 business made regular payments from of the debt at the time of the days of the next month for the June 2021 to November 2021 assessment visit. previous month. except for the month of October 2021. [page 194] 194 Nov-21 Compensation Social Security and Other The factory failed to provide the notice Keep record of the invoice sent by 62 Benefits of payment they received from OFATMA. OFATMA for the fiscal year Share the right statement of the 2020/2021. The employer salary salary statement. statement sent to OFATMA was less Pay OFATMA work related than the total amount effectively paid. : accident on time. Nov-21 Compensation Social Security and Other The employer collects but do not Pay the lunch break. Collect and 62 Benefits forwards 6 percent of workers’ Forward worker's contribution to contribution to ONA on time. ONA within the first 10 business days of the next month for the previous month. Nov-21 Compensation Social Security and Other The employer contribution to ONA is Pay the lunch break and Forward 62 Benefits calculated on the minimum salary, and employer contribution to ONA the calculation does not include the within the first 10 business days of lunch break payment. the next month for the previous month. Nov-21 Compensation Païid Leave The factory did not pay annual leave, Pay the lunch break. Include the 1 Sick leave and maternity leave correctly payment in the calculation of the because the payment of the lunch average daily salary for sick leave break is not included in the calculation. and annual leave. Nov-21 Compensation Paid Leave The lunch break is not compensated in Pay the lunch break. 1 the payroll. Nov-21 Compensation Païid Leave The maternity leave payment register Include the payment in the 1 and payroll records show that calculation of the average daily maternity leave payments are based salary. on an average earnings which does not include the lunch break payment. Nov-21 Compensation Paid Leave Sick leave payments are not based on Pay the lunch break. Include the 1 average daily earnings, because the payment in the calculation of the calculation does not include the lunch average daily salary. break payment. ° Compensation Païid Leave The annual leave payment is not Pay the lunch break. Include the L calculated based on worker's average payment in the calculation of the daily earnings, because the factory average daily salary. does not compensate workers for the lunch break. Assessment October 2020/August 2019 Oct-20 Occupational Safety and OSH Management Systems The factory does not have an Develop a protocol that include a Factory has participated in the 8 Health appropriate epidemic/pandemic COVID-19 task force, hygiene review of the management protocol related to COVID-19 in place. procedures, entry and exit guidelines for COVID 19 and procedures and reporting has started implementing the Procedures. recommendations. [page 195] 195 Oct-20 Occupational Safety and Worker Protection The factory did not provide a copy of Implement a checklist to record The factory kept records of the 8 Health the daily cleaning and disinfection daily cleaning and disinfection weekly cleaning and record Keep record in appropriate disinfection. location. Jul-20 Freedom of Association Interference and Termination or non-renewal of worker's Reinstate 41 terminated workers. The factory was able to reach 10 and Collective Bargaining Discrimination employment contracts due to union an agreement with the union membership or activities. members and the 47 dismissed workers receive their legal benefits. Aug-19 Working Time Overtime Workers have no flexibility to leave the Review and modify the internal The internal rules has been 46 facility during the mandatory overtime work rules. modified and approved by hour. MAST. Aug-19 Occupational Safety and Welfare Facilities The production floor is not clean. Implement an housekeeping 32 Health program that identifies and assigns responsibilities. Aug-19 Occupational Safety and Working Environment Workplace temperature exceed BW Use electrical exhaust fans or 60 Health recommended limit of 30 C in all cooling system. Make sure that all section. fans are well-maintained and regularly cleaned. Aug-19 Occupational Safety and Worker Protection Electrical panels are not properly Maintain electrical panels properly. Electrical maintenance has 22 Health maintained. been improved; the maintenance manager is in charge of the daily and weekly checks. Aug-19 Occupational Safety and Worker Protection Management did not provide proper Provide employees with all Workers have been trained on 45 Health masks to workers using chemicals and necessary personal protective chemical handling. Protective hazardous substances. clothing and equipment according equipment has been to PPE regulation. distributed to workers. Aug-19 Occupational Safety and Welfare Facilities Insufficient number of toilets. Increase the number of toilets. 47 Health Aug-19 Occupational Safety and OSH Management Systems Management did not provide Conduct a building safety 22 Health construction/building permits . inspection ensuring the security of the building. Aug-19 Occupational Safety and OSH Management Systems The OSH committee does not conduct Schedule monthly meetings and The meeting took place every 22 Health meetings on a monthly basis as stated keep meeting minutes. Make sure month and the minutes are in the OSH policy . that workers’ representatives have kept. Management shared a list at least equal representation as for the OSH committee that the management. include 13 workers and 11 management representatives. Aug-19 Occupational Safety and Health Services and First Aid Access to first aid box was obstructed Mark on the floor areas that In the new layout the factory 22 Health by boxes. should not be obstructed and provide additional space for specify who conduct daily weekly boxes storage. checks. [page 196] 196 Aug-19 Occupational Safety and Health Services and First Aid Less than 10 percent of the workforce Train at least 10 percent of the The factory has a system in 57 Health including men and women were workforce in first aid. place to monitor the number of trained in first aid. trained workers. Aug-19 Occupational Safety and Health Services and First Aid Insufficient medical staff. Increase the number of nurse. T4 Health Aug-19 Occupational Safety and Health Services and First Aid Annual medical checks not complete Provide free annual medical T4 Health and consistent. checks to all workers once a year as mentioned in the labour code. Aug-19 Occupational Safety and Emergency Preparedness Insufficient number of fire drills per Conduct at least 2 emergency drill The drills are included in the 22 Health year. per calendar year, one every 6 annual plan and records are months. kept. 2 fire drills has been conducted by the factory. Aug-19 Occupational Safety and Chemicals and Hazardous Eye wash station was not available in Provide eye wash bottles and The eyewash station has been 22 Health Substances the spot cleaning area. specify who will conduct regular installed. checks. The compliance officer has the responsibility to conduct the daily and weekly checks. Aug-19 Occupational Safety and Chemicals and Hazardous The employer does not have chemical Keep MSDS for all hazardous AI MSDS are displayed and 50 Health Substances safety data sheets for all the hazardous chemicals used in the workplace. readable by users. chemicals used in the workplace. Aug-19 Compensation Social Security and Other Inaccurate calculation of worker's Ensure that 3 percent of workers’ 56 Benefits contribution to OFATMA. base salary are collected and forward to OFATMA for maternity and health insurance. Aug-19 Compensation Social Security and Other Employer's contribution to OFATMA's Submit OFATMA payment for 56 Benefits does not include holiday and weekly health and maternity insurance on rest day payment. a monthly basis. Calculate the 3 percent based on workers base salary. Aug-19 Compensation Social Security and Other Employer's contribution to OFATMA Ensure that payment is made in a 56 Benefits for work related accident is late. timely manner. Aug-19 Compensation Social Security and Other Worker's deduction for ONA is Submit ONA payments on time, 56 Benefits inaccurate. then calculate this amount based on workers base salaries. Aug-19 Compensation Social Security and Other Employer's deduction for ONA in Ensure that workers’ contribution 56 Benefits inaccurate. are collected and forwarded to ONA on time and calculate this amount based on workers’ base salary. [page 197] 197 BETTER WORK HAITI - 23RD SYNTHESIS REPORT . Factory: Quality Sewing Manufacturing S.A. Location: Port-au-Prince Number of workers: 488 Date of registration: Oct-09 Date of last two Better Jul-19 Feb-21 Work assessments: Advisory and Training Services Nov-21 Advisory meeting Advisory visit to discuss correction made to improvement plan and to talk to union leader about the creation of the bipartite committee. Oct-21 Advisory meeting Virtual Visit with Management to discuss improvement plan: Management stated that they did not work on any non compliance point. Discussion with union members regarding the creation of a bipartite committee Aug-21 Virtual advisory meeting Advisory Visit to discuss the non-compliance point found in the last assessment report. Review of all the points in the improvement plan. Mar-21 Virtual advisory meeting 1st Virtual Advisory Visit to discuss the following points: Discussion related to Non-Compliance point found in last assessment. Discussion about the renewal of the Bipartite Committee. Perspectives for 2021. Training plan. Nov-20 Virtual advisory meeting Virtual meeting with management on latest factory's improvement. Virtual meeting with Bipartite committee on ways to improve communication to workers. Oct-20 Virtual advisory meeting Virtual meeting with management. Discussionl: Update since advisory meeting. Discussion 2 Access to care program. Discussion 3: Training. Factory to share protocol on Covid 19 Virtual meeting with bipartite committee on workers’ concerns. ASSESSMENT COMPLIANCE CLUSTER COMPLIANCE POINT DETAILS OF NON COMPLIANCE IMPROVEMENT PRIORITIES REMEDIATION EFFORTS MONTHS Assessment February 2021 Feb-21 Working Time Regular Hours Inaccurate attendance record. Install proper punch system. The punch system has © been installed. Feb-21 Working Time Regular Hours Factory does not provide the Give the legally required break Factory will develop policy 9 breastfeeding breaks. to all breastfeeding break to for pregnant and nursing nursing women. women. Policy will be posted on the factory floor. Feb-21 Working Time Regular Hours Pregnant workers are not allowed to Give the legally required break Factory will develop policy 31 take two extra breaks. to all pregnant women. for pregnant and nursing women. Policy will be posted on the factory floor. Feb-21 Working Time Regular Hours Working hours including break time Post working hours including Factory will post working 9 were not posted in all building. break time in all building were hours. all workers can see it. Feb-21 Occupational Safety and Emergency Preparedness Evidence of risk assessment was Develop risk assessment 34 Health available. procedure. Perform regular risk assessment. [page 198] 198 Feb-21 Occupational Safety and Emergency Preparedness The employer did not conduct at Conduct fire drill at least twice 96 Health least 2 emergency drill per year. a year. Feb-21 Occupational Safety and Emergency Preparedness Obstructed emergency exits. Keep emergency exit 18 Health unobstructed. Feb-21 Occupational Safety and Emergency Preparedness Evacuation plan of one building is not Post updated evacuation plans 81 Health updated and no evacuation plan for for all buildings. another one. Feb-21 Occupational Safety and Emergency Preparedness Fire extinguishers were not properly Provide adequate firefighting 63 Health maintained and some areas were equipment and Ensure regular missing fire extinguishers. maintenance is done. Feb-21 Occupational Safety and Emergency Preparedness Obstructed or missing fire alarm Ensure that all buildings have 63 Health system. an accessible and a functioning alarm system Feb-21 Occupational Safety and Health Services and First First aid training had not been Provide First aid training to at 9 Health Aid provided to workers. least 10 percent of the workforce. Feb-21 Occupational Safety and Health Services and First Insufficient medical personnel Contract one doctor and one T2 Health Aid additional nurse. Feb-21 Occupational Safety and Health Services and First Free annual medical checks was not Arrange free annual medical 93 Health Aid provided to workers. checks for workers. Feb-21 Occupational Safety and Health Services and First Free health checks was not provided Provide health checks to 40 Health Aid to workers exposed to work-related workers exposed to work- hazards. related hazards at least twice a year. Feb-21 Occupational Safety and Health Services and First Health checks was not provided to Provide health checks to 95 Health Aid workers within the first three months workers within the first three of hiring. months of hiring. Feb-21 Occupational Safety and Welfare Facilities Insufficient number of Toilets. Increase the number of toilets. T2 Health Feb-21 Occupational Safety and Working Environment Light levels were inappropriate in all Ensure the lighting is adequate 52 Health the working sections. and adapted to worker's needs. Feb-21 Occupational Safety and Working Environment Workplace temperature levels are Monitor the temperature level T2 Health unacceptable and maintain it under 30 C inside the workplace. [page 199] 199 Feb-21 Occupational Safety and Worker Protection Social distance is not respected on Ensure that 1.5 meter of 9 Health the factory. distance is respected within the workplace. Feb-21 Occupational Safety and Worker Protection Improper maintenance of electrical Post hazard sign on all 40 Health system. electrical panels. Feb-21 Occupational Safety and Worker Protection Several workers were not using the Provide machine safety training 13 Health safety guards installed on their to all workers. Keep record of machines. No evidence of training training provided. were available Feb-21 Occupational Safety and Worker Protection The factory did not provide Provide Heavy lifting support to The factory provides heavy 9 Health appropriate PPE to all workers all workers. lifting belts to workers. They will check regularly to make sure that the workers use them. Feb-21 Occupational Safety and Chemicals and Hazardous Eye washing facilities were not Install eye wash stations where 40 Health Substances available in sections where chemicals chemicals are used. are used. Feb-21 Occupational Safety and Chemicals and Hazardous The factory did not train workers Provide training to all workers LE Health Substances using chemical and hazardous who are working with substances. chemicals Keep a record of the training provided. Feb-21 Occupational Safety and Chemicals and Hazardous The factory does not have Isolate the spot cleaning ® Health Substances appropriate spot cleaning area. section. Install Vacuum machines, exhausts and eye wash station in the spot cleaning area. Feb-21 Occupational Safety and Chemicals and Hazardous MSDSs are not available in local Ensure that MSDS are available T8 Health Substances language for all chemicals used in the and posted where all chemical workplace products are used. Feb-21 Occupational Safety and Chemicals and Hazardous Chemicals and hazardous substances Remove chemical from the 34 Health Substances were not properly stored sun. Store the chemicals and hazardous substances appropriately. Feb-21 Occupational Safety and Chemicals and Hazardous Chemical and hazardous substances Label all chemicals and T2 Health Substances are not properly labelled. hazardous substances used in the workplace. Feb-21 Occupational Safety and Chemicals and Hazardous Inventory of chemicals and Update inventory of chemicals T2 Health Substances hazardous substances is not updated. and hazardous substances in the workplace. Feb-21 Occupational Safety and OSH Management Hazard signs were not posted near Post hazard signs in all required 34 Health Systems the sewing lines. locations. [page 200] 200 Feb-21 Occupational Safety and OSH Management Factory does not have a building Have the building inspected by 9 Health Systems permits that covers all structures. the proper authorities and provide the certificate. Feb-21 Occupational Safety and OSH Management The employer has not developed any Develop mechanism to ensure 40 Health Systems mechanism to ensure cooperation on cooperation on OSH matters, OSH matters. by establishing an OSH committee. Feb-21 Occupational Safety and OSH Management Management could not provide Conduct OSH internal T2 Health Systems evidence of OSH assessment reports assessment on a regular basis. for the last 12 months. Feb-21 Contract and Human Contracting Procedures Non-production workers who work in Factory needs to systematically safety belts are provided 9 Resources the warehouse did not have safety ensure that all safety to workers. belts for heavy lifting. precautions are enforced. Feb-21 Contract and Human Employment Contracts Workers' contract did not comply Review the employment 59 Resources with the Labor Code. contract to include the required elements. Feb-21 Compensation Social Security and Other Inaccurate to OFATMA for maternity … Collect and forward 3 per cent 59 Benefits and health insurance. of workers’ average salary to OFATMA for maternity and health insurance. Feb-21 Compensation Social Security and Other Inaccurate to OFATMA for maternity Pay 3 per cent of workers’ 50 Benefits and health insurance. average salary to OFATMA for maternity and health insurance. Feb-21 Compensation Social Security and Other No proof of payment to OFATMA for Management needs to contact Management made the 9 Benefits work related accident was shared OFATMA to make the payment to OFATMA for During the assessment visit. payment. work related accident insurance. Proof was sent to BW. Compensation Social Security and Other Worker's contribution to ONA is late. Collect and forward workers’ Employer submitted proof 50 Benefits contribution to ONA on time. of Payment to ONA. Payments are current. Feb-21 Compensation Social Security and Other Employer's contribution to ONA is Pay employer's contribution to Employer submitted proof 50 Benefits late. ONA on time. of Payment to ONA. Payments are current. Feb-21 Compensation Paid Leave Inaccurate annual leave payments. Calculate the annual leave on 9 worker's daily average earnings [page 201] 201 Feb-21 Compensation Wage Information, Use Lack of accuracy of overtime hours. Pay and report overtime 31 and Deduction according to the legal requirements. Feb-21 Compensation Overtime Wages Not all overtime hours were reported Pay overtime accordingly. 4 in the payroll records. Assessment October 2020-July 2019 Oct-20 Occupational Safety and OSH Management The factory has a system in place to Have a checklist to record the Health Systems clean and disinfect the workplace. daily cleaning and disinfection However, the factory is not keeping of the workplace. any records to monitor such activity. Oct-20 Worker Protection The factory check all workers’ and Keep register for all the workers visitors’ body temperature upon and workers who present a entry. However, it fails to keep a temperature of 38 C and register for all persons who present a above. temperature of 38C and above? Oct-20 Occupational Safety and OSH Management The factory does not have a Covid 19 Have an effective Covid19 Health Systems protocol that includes protocol in place. -A COVID 19 task force “Reporting Procedures (Method for workers and supervisors to report issues related to COVID 19 to management and government health official) Handling procedure of suspected cases (Isolation room; PPE; hand washing station; gloves, disposable shoe covers; isolation gown and cap) -Factory should keep a registry for all workers who present a body temperature 38C and above. However, the protocol includes: Hygiene procedures (Hand washing, Cleaning of workstation, cleaning of machines and tools, and receiving an delivery of supplies) -Entry and Exit procedures (Measure body temperature; Ensure hand washing; ensure the use of mask; Sec oo nr momec hs oi [page 202] 202 Ju-19 Working Time Regular Hours Workers’ interview revealed that they Provide two additional breaks are entitled to at least 30 minutes of to pregnant women. daily break. However, pregnant workers are not allowed to take two extra breaks. Management stated they were not aware of the need to give additional breaks to pregnant workers. Jul-19 Occupational Safety and Emergency Preparedness During the assessment visit, no Develop an emergency Health evidence of risk assessment was preparedness procedures. available. Worker's interview revealed Perform regular drill for that they are not aware of the risk workers. and how to react in case of emergencies. Management stated that it would develop an emergency preparedness procedure and also install an alarm in the cutting building. Jul-19 Occupational Safety and Emergency Preparedness Insufficient fire drills. Conduct at least 2 fire drills Health Within a year. Jul-19 Occupational Safety and Emergency Preparedness Outdated or missing evacuation plan Identify the location of the fire Health extinguisher in the evacuation map. Ensure that mezzanine has a evacuation plan. Post an evacuation plan in the cutting building. Jul-19 Occupational Safety and Emergency Preparedness Obstructed and improperly mounted Ensure that fire fighting Management identified all Health fire extinguishers. equipment are properly fire extinguisher in use in mounted. Add a fire the workplace. Fire extinguisher on the mezzanine extinguisher are now easily floor. Identify fire extinguishers accessible. in the cutting building. Jul-19 Occupational Safety and Emergency Preparedness Obstructed fire alarm in one building. Keep fire alarm system Health Missing fire alarm system in another unobstructed. Install fire alarm building. systems in all building. [page 203] 203 Jul-19 Occupational Safety and Health Services and First Insufficient medical staff. Contract one doctor and one Health Aid additional nurse as medical staff. Jul-19 Occupational Safety and Health Services and First Free annual medical checks was not Provide a free annual medical Health Aid provided to workers. checks to workers. Jul-19 Occupational Safety and Health Services and First free medical checks was not provided Provide health checks to Health Aid twice a year to workers exposed to workers exposed to chemical chemical and hazardous substances. and hazardous substances Jul-19 Occupational Safety and Health Services and First Medical checks were not provided to Provide health checks to Health Aid workers within the first three months workers within the first three of hiring. months of hiring. Jul-19 Occupational Safety and Welfare Facilities Eating area cannot accommodate all Ensure that eating area can Health workers. accommodate all the workers Jul-19 Occupational Safety and Welfare Facilities Soap is not readily available in all Provide soap in all toilets. Health building where workers are present. Jul-19 Occupational Safety and Welfare Facilities Insufficient functioning toilets for Have a sufficient toilets Health women. number for the women. Jul-19 Occupational Safety and Working Environment Light levels were inappropriate in all Ensure that light levels are Health the working sections. appropriate in all working sections. Jul-19 Occupational Safety and Working Environment Noise levels are unacceptable in the Maintain the noise level to a Health workplace maximum of 90 db Jul-19 Occupational Safety and Working Environment Workplace temperatures exceed the Maintain the workplace Health recommended limit. temperature to maximum of 30 C. Jul-19 Occupational Safety and Worker Protection Assessors observed that the Post hazards signs where Health electrical panels were missing hazard needed. signs in the cutting building. Jul-19 Occupational Safety and Worker Protection Improper maintenance of generator Ensure that the generator is Health and improperly mounted circuit grounded and circuit are breaker. safeguard in non combustible material. Identify the breakers in the electrical panel and ensure that electrical maintenance is done regularly. [page 204] 204 Jul-19 Occupational Safety and Worker Protection Several sewing machines were Equip the machines with their Management explained Health missing finger guards, eye guards and necessary guards. that they will install all the pulley guards. required safety guards Jul-19 Occupational Safety and Worker Protection Several workers in the main building Provide training on the safe Health were not using the safety guards usage of sewing machines. installed on their machines. Keep records of training provided in that regard. Jul-19 Occupational Safety and Chemicals and Hazardous Eye wash station is not available Provide eye wash facility where Health Substances where chemicals products are used. chemicals products are used. Jul-19 Occupational Safety and Chemicals and Hazardous MSDS are not posted where chemical Ensure that MSDS are available Health Substances and hazardous substances are being in the area where the used. corresponding chemicals are used and stored. Jul-19 Occupational Safety and Chemicals and Hazardous Improper storage of flammable Remove chemical from the Health Substances chemical and hazardous substances. sun. Store appropriately the chemnicals. Jul-19 Occupational Safety and Chemicals and Hazardous Unlabeled containers of chemical Label all chemicals used in the Health Substances hazardous substances found in the workplace. workplace. Jul-19 Occupational Safety and Chemicals and Hazardous Inventory of chemicals and Keep an inventory for all Health Substances hazardous substances was available. : chemicals and hazardous substances used in the workplace. Jul-19 Occupational Safety and OSH Management Hazard signs were posted near in all Post hazard signs where Health Systems section where they are required. needed. Jul-19 Occupational Safety and OSH Management The employer has not developed any Employer is advise to create a Health Systems mechanism to ensure cooperation on bipartite OSH committee to OSH matters. focus on OSH related issues. Jul-19 Occupational Safety and OSH Management Management could not provide Conduct OSH internal Health Systems evidence of OSH assessment reports assessment in a regular basis. for the last 12 months. Jul-19 Contract and Human Employment Contracts Workers' contract did not specify Add the working hours in Resources hours of work and amounts of pay. workers contracts. [page 205] 205 Jul-19 Compensation Social Security and Other The factory is registered with Collect and forward 3 per cent Benefits OFATMA for maternity and health of workers’ basic salary to insurance. However, the employer OFATMA for maternity and only collects and forwards 2 per cent health insurance. of workers’ minimum wage instead of 3 per cent of workers’ basic salary to OFATMA. Jul-19 Compensation Social Security and Other The factory is registered with Pay 3 per cent of workers’ basic Benefits OFATMA for maternity and health salary to OFATMA for insurance. However, the employer maternity and health insurance. only pays 2 per cent of workers’ minimum wage instead of 3 per cent of workers’ basic salary to OFATMA. Jul-19 Compensation Social Security and Other The employer collects workers’ Collect and forward workers’ Benefits contribution to ONA on a regular contribution to ONA on time. basis. The last payment of the employer's contribution to ONA was for the month of May and was done in July 7, 2019, while in fact, ONA payments should be submitted Within the first 10 working days of each month for the previous month. Jul-19 Occupational Safety and Social Security and Other The employer collects workers’ Pay ONA on time. Health Benefits contribution to ONA on a regular basis. The last payment of the employer's contribution to ONA was for the month of May and was done in July 7, 2019. While in fact, ONA payments should be submitted Within the first 10 working days of each month for the previous month. [page 206] 206 Jul-19 Compensation Wage Information, Use During the assessment, assessors Pay overtime accordingly. and Deduction could not adequately assess for possible discrepancy in the working hours compensated in the payrolls reviewed for the last 3 months. Time records were found to lack accuracy as management clocked in the entry and exit times for workers. Management says that it is working on a more efficient system to fix this issue. Workers' interview revealed they verify their wages according to their production quotas and not the working hours. Jul-19 Compensation Overtime Wages During the assessment assessors Pay overtime accordingly. observed workers on sewing machine until 4:00 PM. However, these overtime hours for workers working on an incentive scheme were not reported in the payroll records as management clocked in the entry and exit times. Interviewed workers said that sometimes they stay late in order to complete their production targets without any compensation for overtime hours. Management acknowledged that workers working on an incentive scheme stayed voluntarily to complete their quotas and are not compensated for overtime hours. [page 207] 207 BETTER WORK HAITI - 23RD SYNTHESIS REPORT Factory: S&H Global 1-6 Location: Arrondissement du Trou du Nord Number of workers 8,065 Date of registration: Jui-12 Date of last two Better May-19 Mar-21 Work assessments: Advisory and Training Services Oct-21 Training Virtual Emergency Preparedness Oct-21 Virtual advisory meeting Meeting with management to discuss progress report. Factory tour to validate the consistency of the remediation. Sep-21 Virtual advisory meeting Meeting with management on improvement plan , factory general updates. Meeting with bipartite committee on evacuation routes Aug-21 Virtual advisory meeting Meeting with management on the improvement plan. Meeting with PICC on current concerns. May-21 Training Virtual Introduction to Workers Rights & Responsibilities May-21 Training Virtual Socially Responsible Transitioning May-21 Training Virtual seminar to Workplace Cooperation and Communication May-21 Virtual advisory meeting Meeting to discuss the improvement plan Discussions on industrial disputes at the factory. Discussion regarding POSH training. Discussion with bipartite committee on root causes on non-compliance points and remediation path. May-21 Training Virtual seminar to Workplace Cooperation and Communication May-21 Training Virtual Sexual Harassment Awareness and Prevention May-21 Training Virtual training Covid-19 Emergency Preparedness Apr-21 Training Virtual OSH Event Workshop Mar-21 Virtual advisory meeting Meeting with bipartite committee regarding sanitation and transportation concerns. Discussion regarding freedom of association and training plan. Jan-21 Virtual advisory meeting Discussion regarding factory performance in 2020 and perspectives for 2021. Discussions on pending issues on the improvement plan. Bipartite committee meeting on main concerns and challenges. ASSESSMENT COMPLIANCE CLUSTER COMPLIANCE POINT DETAILS OF NON COMPLIANCE IMPROVEMENT PRIORITIES REMEDIATION EFFORTS MONTHS Assessment March 2021 Mar-21 Compensation Paid Leave Daily break payment is not included Compensate the lunch break. Company is still in consultation 8 in the annual leave calculation. with MAST and ADIH so that we can have clear advice from them to plan and to make the appropriate decisions. Mar-21 Compensation Paid Leave Daily break payment is not Compensate the lunch break. Company is still in consultation 8 compensated. with MAST and ADIH so that we can have clear advice from them to plan and to make the appropriate decisions. [page 208] 208 Mar-21 Compensation Paid Leave Sick leave does not include the daily Compensate the lunch break. Company is still in consultation 8 break payment. with MAST and ADIH so that we can have clear advice from them to plan and to make the appropriate decisions. Mar-21 Compensation Paid Leave All the paid leaves are wrongly Compensate the lunch break. Company is still in consultation 8 compensated as they don't included with MAST and ADIH so that we the lunch break payment. can have clear advice from them to plan and to make the appropriate decisions. Mar-21 Compensation Social Security and Employer's deduction to OFATMA for Compensate the lunch break. Company is still in consultation 8 Other Benefits maternity and health insurance is with MAST and ADIH so that wrongly calculated as it does not we can have clear advice from include the lunch break payment. them to plan and to make the appropriate decisions. Mar-21 Compensation Social Security and Other Worker's deduction to OFATMA for Compensate the lunch break. Company is still in consultation 8 Benefits maternity and health insurance is with MAST and ADIH so that we wrongly calculated as it does not can have clear advice from them include the lunch break payment. to plan and to make the appropriate decisions. Mar-21 Compensation Social Security and Employer's deduction to ONA is Compensate lunch break. Company is still in consultation 8 Other Benefits wrongly calculated as it does not with MAST and ADIH so that include the lunch break payment. we can have clear advice from them to plan and to make the appropriate decisions. Mar-21 Compensation Social Security and Other Worker's deduction to ONA is wrongly Compensate the lunch break. Company is still in consultation 8 Beneñits calculated as it does not include the with MAST and ADIH so that we lunch break payment. can have clear advice from them to plan and to make the appropriate decisions. Mar-21 Contract and Human Termination Annual leave upon termination is Compensate the lunch break. Company is still in consultation 8 Resources wrongly compensated as it does not with MAST and ADIH so that include the lunch break payment. we can have clear advice from them to plan and to make the appropriate decisions. Mar-21 Contract and Human Termination Notice payment is wrongly Compensate the lunch break. Company is still in consultation 8 Resources compensated as it does not include with MAST and ADIH so that we the lunch break payment. can have clear advice from them to plan and to make the appropriate decisions. [page 209] 209 Mar-21 Occupational Safety and Chemicals and The inventory does not include all Update the chemical inventory This problem has been solved, 70 Health Hazardous Substances the location even tough chemicals on a regular basis. the compliance department via were stored in different places. the factory compliance officers will review the inventory weekly to avoid this problem Mar-21 Occupational Safety and Chemicals and Hazardous Several unidentified containers of oil, Ensure that all chemical used in All chemicals have been well 30 Health Substances thinner and diesel the workplace are properly identified, the compliance team labelled. gave a training. COs will perform COs will do periodic inspections to avoid this issue. Mar-21 Occupational Safety and Chemicals and Several containers of solvent KO-30 Ensure that chemical are stored All chemicals have been 70 Health Hazardous Substances exposed to the sun in one building. in appropriate places. moved from inappropriate areas to their respective places. Compliance team performed training for all workers who are using chemicals. Cos will keep monitoring the factories to avoid this issue. Mar-21 Occupational Safety and Chemicals and Hazardous Several chemicals found without MSDS Ensure that all chemical have MSDS is available for all 30 Health Substances in places where they are used. MSDS available where chemical chemicals used within the are used or stored. Factory. The mechanical workshop secretary will check the entry of each new chemical and request the appropriate MSDS. Training has been conducted for all workers who use chemicals. Compliance Officers will be more focused during weekly inspections. Mar-21 Occupational Safety and Chemicals and Missing eye wash stations in cutting Install an eye wash station near Problem is resolved; the 70 Health Hazardous Substances and packing sections. the cutting section and packing compliance officer reviewed section of building 3. and ensured that all eye wash stations function properly with sufficient pressure. The Compliance officer will do weekly follow-up to the avoid ha ranatitinn nf thie iceria Mar-21 Occupational Safety and Worker Protection Appropriate mask were not provided Provide appropriate masks to The issue is solved. Compliance 70 Health to workers using chemical products. workers using chemical products. Officer trained workers on the importance of safety belt while working in unloading area; now workers use it correctly. Next purchase will be make in advance [page 210] 210 Mar-21 Occupational Safety and Worker Protection Absorbing mats were missing for Provide shop absorbing mats The problem has been solved. 70 Health several standing workers. to all standing workers. All the workers have their standing mats. The compliance officer had a meeting with workers to explain to them the necessity of using standing mats. inspection will be carried out to avoid this issue. Mar-21 Occupational Safety and Worker Protection Lack of maintenance of electrical Ensure that electrical equipment The electricians have evaluated 30 Health equipment. Improper isolation of are properly maintained. and fixed the issue so that these electrical of electrical wires in mechanic will not happen again. workshop. Maintenance department agreed to always notify compliance team before they have to do these types of work. Mar-21 Occupational Safety and Worker Protection Adaption to COVID-19 and workers Ensure to maintain a social Since the company starts 14 Health are reluctant to comply to protective distance of1.5M. working after the COVID-19, measure after 1 year of this the company has taken all the pandemic. necessary measures to respect the social distance of 1,5m. Worker's station has been distanced in all the areas, including Folding, Inspection and press. Mar-21 Occupational Safety and Working Environment Noise level exceeded 90 dB in several Ensure that the noise level is The problem has been fixed. The 70 Health sections. under 90 dB in all sections. person in charge of playing music at the factories is informed about the volume limit. To have a better control on this issue, compliance department has procured a sound meter, and the revision of this point will be done weekly divine mu calé avahiatian Mar-21 Occupational Safety and Working Environment Lux level inappropriate in several Ensure that lux level is 30 Health sections. appropriate in all section. Mar-21 Occupational Safety and Welfare Facilities Workers complained about the Install the drinking water stations Some of the water installations 8 Health location of drinking water stations next in a more appropriate area. were relocated from away from to the toilets. the bathrooms, to other locations and company has made a wall to separate the ones that could not be relocated: Cleaning is done more often in bathrooms to avoid the repetition of this issue [page 211] 21 Mar-21 Occupational Safety and Health Services and First One first aid box missing items such Ensure that the first aid boxes This problem was solved, the 46 Health Aid as alcohol and gauze. are equipped with necessary first aid boxes has been supplies. completed, with all the necessaries medications. Weekly inspection will be carried out to avoid this issue Mar-21 Occupational Safety and Emergency Preparedness One fire extinguisher was obstructed in Ensure that fire extinguishers All fire extinguishers are available 8 Health the indoor warehouse. remained unobstructed and free of any obstruction. The check list of the fire extinguishers will be reviewed more frequently to avoid this problem. Mar-21 Occupational Safety and Emergency Evacuation map is not updated. Update the evacuation plan This issue as been fixed, all the 43 Health Preparedness and insert the assembly point meeting point has the location on the evacuation map. of the evacuation maps. for fty#3, the map as been updated and ported in the module Mar-21 Occupational Safety and Emergency Preparedness Evacuation routes obstructed with Ensure that escape route This problem has been 40 Health boxes. remained unobstructed during corrected, AIl evacuation routes the working hours. are free of all kinds of obstacles. The Compliance department will carry out inspections more often during the work day to ensure that the routes are always free. Audio reminder are shared with the workers on a regular basis. Mar-21 Occupational Safety and Emergency Electrical cabinets mounted on Replace the wooden box by a The electrical installations have 8 Health Preparedness wooden box. more suitable material. been fixed well; the electricians have taken notes so that these will not happen again. Maintenance department agreed to always notify compliance team before they have to do these types of inctallatinne Assessment October 2020- May 2019 Oct-20 Occupational Safety and OSH Management The factory does not have an Review the protocol and include Factory is keeping already the Health Systems adequate Covid 19 protocol that the missing procedure of keeping temperature of employees as per includes all the relevant elements. a register for all workers. recommendations. Management edited a Covid 19 prevention checklist where the procedure of taking a temperature register is written [page 212] 212 May-19 Occupational Safety and Emergency 4 buildings only conducted one Conduct an evacuation drill Normally according to the Health Preparedness emergency drill during the last 12 every 6 months. procedure, evacuation drills are months. conducted every six months, and this year it was undergoing the evacuation simulations because the company had a plan for each Module, unfortunately only two of our factories had the chance to perform their simulation before arriving BWH. Facilities 1-2-3 and 4 are performed their evacuation simulation just after the BWH evaluation in July of this year. Module 1 = 12/08/2019 - 1639 employees Module 2 = 08/06/2019 -1534 employees Module 3 = 08/09/2019 - 1538 May-19 Occupational Safety and Emergency Preparedness Evacuation routes obstructed with Ensure that evacuation routes More training for internal security Health fabrics. Emergency exits locked during remain unobstructed. Ensure guards to have more agents overtime hours. that a minimum of 2 exits are available for overtime, and all open near the area where exits are identified and always workers are preforming overtime. stays open during working hours. May-19 Occupational Safety and Emergency The evacuation plans did not show Ensure to display the meeting The procedures and the Health Preparedness the meeting points. One exit sign point in the evacuation plan. evacuation plan have been put and two emergency lights on 2 exits Mark the emergency exit door. to the test and all emergency were missing. Conduct an OSH assessment exits are well marked and for the building used identified according to the temporarily as a warehouse. procedures in place on emergency evacuation. And assembly points is in all evacuation maps. This issue has been corrected as all evidence have been given accordingly and now all maps show the meeting points in relevance to the evacuation May-19 Occupational Safety and Emergency Preparedness No alarm system had been installed in Equip the new building with The whole system in general is Health one of the buildings. The alarm system alarm system where there are well organized and updated did not work correctly in another workers performing a daily task. according to health and safety building. standards. Fire alarm system is reviewed and adjusted according to the procedures and operates normally. All fire safety systems have been properly equipped in factory 8(Warehouse). Thus, this issue has been completely corrected. Close monitoring will be done in order to maintain the conformity status [page 213] 213 May-19 Occupational Safety and Health Services and First There were no first aid kits in one of Ensure that medical supply are Medication management is Health Aid the buildings. available in area where there strengthened in order to have are workers. Remove expired all the drugs available and to products. ensure that the drug inventory is updated. All expired drugs have been replaced. May-19 Occupational Safety and Health Services and First Insufficient number of nurses. Have an adequate number of 1) All the nurses’ position have Health Aid nurses regarding the workforce. been relocated back again into the factory's medical field. 2) The compliance department will discuss with administration regarding additional nurse employment. 3) Administration will communicate with Share Hope in order to come up with ideas or trainings to encourage nurses and involve them in the workplace. May-19 Occupational Safety and Health Services and First Incomplete health checks for workers. Ensure to arrange an annual The factory has its internal Health Aid medical health check for all system to provide internal workers. medical checks for all the workers. May-19 Occupational Safety and Health Services and First Incomplete health checks for workers Ensure to arrange an annual The factory has its internal Health Aid exposed to work-related hazards. medical health check for workers system to provide internal exposed to work-related hazards, medical checks for all the at least, twice a year. workers. May-19 Occupational Safety and Health Services and First Incomplete health checks for workers Ensure to arrange an annual Factory performed internally Health Aid within the first three months of medical health check for medical checks for all workers. employment. workers within the first three months of employment. May-19 Occupational Safety and Welfare Facilities Changing facilities were not accessible Post communication on the floor Health to warehouse Workers. regarding the usage of the shower. May-19 Occupational Safety and Welfare Facilities Soap was not available in the men's Provide soap in available in Soap is available in the Health bathroom of 3 buildings. men's bathroom. bathroom and posters are placed in the bathrooms to raise workers awareness regarding the use of soap. May-19 Occupational Safety and Working Environment Light levels were insufficient in various Ensure that light levels are Light bulbs that did not provide Health sections of the workspace. appropriate in all working sufficient lights are changed and sections. replaced by others, furthermore some sport lights are installed in the buildings. [page 214] 214 May-19 Occupational Safety and Working Environment The noise level in some areas of the Maintain the noise level to a The volume of the device is Health workspace exceeded 90 db. maximum of 90 dB in all the kept down to a reasonable working sections. level, a poster is put next to the device as a reminder to the in charge so that he avoid turn it the volume loud, and earmuffs are provided to workers of the noisy areas. May-19 Occupational Safety and Working Environment Temperature levels exceeded 30 Cin Keep the temperature to a The main gates are all opened Health all working sections. maximum of 30 C in all sections. widely during the working hours to ease the entrance of air in the buildings, while mechanics are fixing the broken extractors. May-19 Occupational Safety and Worker Protection Hazard signs missing on one Install hazard sign on all After the audit all electrical Health electrical panel. electrical panel. panels were revised and all hazard sign were posted correctly. Now mechanic responsible has checked all electrical panels to avoid this happen again. New building were inspected and hazard sign ie nnctan May-19 Occupational Safety and Worker Protection Improper isolation of electrical wire. Ensure that electrical All electrical equipment were Health Electrical outlet installed on maintenance is regularly done. reviewed and the appropriate combustible material. Unlabeled circuit Ensure that electrical installations measures were taken to correct breakers. are properly safeguarded. the issues. The electrical installations are done correctly, with the appropriate materials. May-19 Occupational Safety and Worker Protection The factory did not provide Provide training on the proper Factory plans to train all the Health documentation of any training for use of protective equipment to workers on H&S (PPEs) in the workers on proper use of personal workers using dangerous workplace; factory had selected protective equipment and machines. materials and equipment. a day to train all the workers; more or less 1500 workers per module. Report and attendance list where submitted as proof. Module 1 = 09/15/2018 - 1549 employees Module 2 = 04/30/2019 -1534 employees Module 3 = 04/22/2019 -1464 employees Module 4 = 09/15/2018 - 1475 employees Module 5 = 09/22/2018 - 1506 employees Module 6 = 09/22/2018 -1650 May-19 Occupational Safety and Worker Protection Workers were not provided adequate Provide adequate protective All the personal protection Health protective equipment in the boiler equipment to workers in the equipment has been procured room and the maintenance boiler room, maintenance and handed over to the workers department. department and in the welding in all the necessary areas. workshop. [page 215] 215 May-19 Occupational Safety and Chemicals and Eyewash station was not available in Provide washing facility where All the chemical storage section Health Hazardous Substances the chemical warehouse. chemicals and hazardous are equipped with all necessary substances are used and as required, sand box, eyes stored. wash station . Training received form Better Work on Hazard management risk and control. Internal training was also provided. May-19 Occupational Safety and Chemicals and Hazardous Several hazardous chemicals were Post MSDS in area where For this failure, the review of all Health Substances found without material safety data chemical are used and stored. products we use have all their sheets. MSDS available and in the local language. Now all these chemicals have their own MSDS posted in the using section and storage area May-19 Occupational Safety and Chemicals and Several containers of flammable Store the chemical in an According to the Health Hazardous Substances chemicals found exposed to the sun. appropriate location. Monitor recommendations of national Chemical storage area was not closely to take appropriate and international standards, sufficiently ventilated. action when necessary. the storage of chemicals are made by type and separated according to their level of flammability and in a well- ventilated space. The factory installed some thermometer to have control of the level on temperature permanently. This task duly was assigned to Crnc May-19 Occupational Safety and Chemicals and Hazardous One unlabeled container of solvent Label all containers The products are all identified in Health Substances found. Primary containers written in Creole and MSDS available for Korean language. use as well. Training sessions to support the application and use of hazardous chemicals. AI chemicals products containers are well labeled in creole in all storage section May-19 Occupational Safety and Chemicals and Some chemicals are not included in Include the storage location of Internally the inventories were Health Hazardous Substances the inventory. The inventory does not the chemicals used when all well-ordered and separated include all the locations. stored in different places. Train to better control the use of the responsible person on chemical products with a general management system. inventory for all the products that the company uses. Training where provide to the workers that area use chemical. FCOs are using the new chemical inventory list to have control of all products used in the factory. [page 216] 216 May-19 Occupational Safety and Gender One sexual harassment case was Strengthen the policy on the The compliance team and one Health reported involving one female worker. prevention of sexual harassment union member conducted an by identifying clearly the investigation with different forbidden misconducts and the workers from the departments scale of sanctions. managed by the 2 Central Train all supervisory line in the American managers accused of Respectful workplace program. sexual harassment. The 2 Central Activate an awareness campaign American managers apologized on factory's internal sexual to the worker while promising harassment policy regarding the her not to have such behaviors. confidentiality and the protection The two central American of the victim. managers received a warning letter in which they were informed that in case of recidivism more drastic sanctions would be taking against them. Furthermore, all the staff including foreign workers, managers received a training on preventing sexual [page 217] 217 BETTER WORK HAITI - 23RD SYNTHESIS REPORT Factory: S&H Global Washing 7 Location: Arrondissement du Trou du Nord Number of workers: 1,001 Date of registration: Sep-18 Date of last two Better Mar-20 Mar-21 Work assessments: Advisory and Training Services 30-Nov-21 Virtual advisory meeting Virtual meeting with the bipartite committee on self assessment. Meeting with workers’ representatives on Freedom to associate. Meeting with the compliance team to review the improvement plan and follow up on termination of union leaders. 12-Aug-21 Virtual advisory meeting Virtual OSH tour: Chemical management, emergency preparedness and COVID 19 measures. Meeting with union representatives : General concerns and disciplinary measures. Documentation review: Procedure in place for overtime and payment of overtime hours, disciplinary measures applied to workers, accident investigation procedure, files of terminated workers and risk management procedure. 29-Jul-21 Training Virtual training on Emergency Preparedness. 29-Jul-21 Virtual advisory meeting Virtual meeting with Union representatives. Meeting with the compliance team to review the improvement plan, sick leave payment, water test result for the last 3 months. 25-May-21 Virtual advisory meeting Virtual meeting with worker representatives on pending issues. Meeting with the compliance team to review the improvement plan and discuss about overtime concerns. 25-May-21 Virtual advisory meeting Meeting with workers representatives, meeting with some workers to discuss the training needs. 21-May-21 Training Virtual Industry Seminar on Workers Rights & Responsibilities. 20-May-21 Training Virtual Industry seminar on Socially Responsible Transitioning. 19-May-21 Training Virtual Industry seminar on Workplace Cooperation and Communication. 7-May-21 Training Workplace Cooperation and Communication. 5-May-21 Training Virtual training Covid-19 Emergency Preparedness. 28-Apr-21 Training Virtual OSH Event Workshop. 5-Mar-21 Training Virtual Industry Seminar on ILO Conventions 87 and 98. 1-Feb-21 Virtual advisory meeting Meeting with worker representatives to present the last assessment report. Meeting with the compliance team to review the improvement plan and discuss about overtime concerns. 16-Nov-20 Virtual advisory meeting Virtual OSH tour. Meeting with the compliance team to review the pending issues from the last meeting (COVID 19 procedure, OSH performance indicators, emergency preparedness procedures). Discuss breastfeeding brake and brake for pregnant women, disciplinary and termination ASSESSMENT COMPLIANCE CLUSTER COMPLIANCE POINT DETAILS OF NON COMPLIANCE IMPROVEMENT PRIORITIES REMEDIATION EFFORTS MONTHS Assessment March 2021 Mar-21 Occupational Safety OSH Management The factory does not have an Update the protocol and include The company reviewed and 19 and Health Systems appropriate epidemic/pandemic a COVID-19 task force. updated the COVID-19 protocol related to COVID-19 in policy. place. Mar-21 Occupational Safety Emergency Preparedness The evacuation map is not Update the evacuation map o New evacuation maps have 9 and Health accurate. reflect the floor layout. been printed and displayed. [page 218] 218 Mar-21 Occupational Safety Emergency Preparedness Several fire extinguishers were Provide adequate firefighting All fire extinguishers have 9 and Health missing in various sections of the equipment. been installed. workplace. Make sure that the equipment is in place and functioning. Mar-21 Occupational Safety Emergency Preparedness À smoke detector was not installed Install smoke detectors where The smoke detectors have 9 and Health in a stock room where flammable flammable material are stored. been installed in all storage material such as cardboard boxes areas. were stored. Mar-21 Occupational Safety Health Services and First Insufficient medical staff. Hire additional medical staffs. The factory has hired 3 9 and Health Aid additional Nurses . Mar-21 Occupational Safety Welfare Facilities The water test is not conducted on Keep records of monthly water The water test is conducted 9 and Health a monthly basis. test results. on a monthly basis. Mar-21 Occupational Safety Welfare Facilities Soap and paper is not available in Ensure that soap and paper are The company has appointed 9 and Health the toilets at all time, during the always available in the toilet. someone to monitor the use work day. Define who will monitor their use of toilet paper and soap. and availability. Posters are displayed to educate workers. Mar-21 Occupational Safety Chemicals and The employer did not keep Prepare and post MSDS where The MSDS have been 30 and Health Hazardous Substances chemical safety data sheets for all chemicals are used. translated and posted. hazardous chemicals used in the workplace. Mar-21 Occupational Safety Chemicals and Chemicals and hazardous Ensure that all hazardous and The factory has developed a 30 and Health Hazardous Substances substances were not properly chemicals substances used in procedure for chemicals labelled in the workplace. the workplace are properly management and All labelled. chemicals are properly labeled. Mar-21 Occupational Safety Chemicals and The inventory of hazardous Assign a person responsible for The Supervisors of the 19 and Health Hazardous Substances substances used in the factory is updating the inventory of chemicals areas are in charge incomplete. hazardous substances in the of updating the inventories of various locations where they are hazardous substances. stored or used. Mar-21 Contract and Human Dialogue, Discipline and Workers interview revealed that one Provide additional training to Trainings have been 9 Resources Disputes manager was addressing the supervisors and managers. Then conducted for local and workers with abusive and improper Conduct regular self-assessment foreign workers. Investigation language. to check awareness. and assessment is now applied on a regular basis. Mar-21 Contract and Human Termination The calculation ofthe annual Include payment of the lunch The Company is still in 9 Resources salary supplement upon break in the calculation annual consultation with MAST and termination does not include the salary supplement upon ADIH for more guidance. lunch break payment. termination. [page 219] 219 Mar-21 Contract and Human Termination The calculation for unused paid Include payment of the lunch The Company is still in 9 Resources annual leave upon termination does break in the calculation for consultation with MAST and not include the lunch break annual leave upon termination. ADIH for more guidance. payment. Mar-21 Contract and Human Termination The calculation of the payment for Pay the lunch break and include The Company is still in 9 Resources the applicable notice period does the lunch break payment in the consultation with MAST and not include the lunch break calculation of notice period. ADIH for more guidance. payment. Mar-21 Compensation Social Security and Other The calculation of the annual salary Ensure that workers’ annual The Company is still in 9 Benefits supplement or bonus does not salary supplement or bonus consultation with MAST and include the lunch break payment. include the lunch break payment. ADIH for more guidance. Mar-21 Compensation Social Security and Other The calculation of workers’ Include the lunch break payment The Company is still in 9 Benefits contributions to OFATMA for in the contribution sent to consultation with MAST and maternity and health insurance OFATMA. ADIH for more guidance. does not include the lunch break payment. Mar-21 Compensation Social Security and Other The calculation of employer's Include the lunch break payment The Company is still in 9 Benefits contributions to OFATMA for in the contribution sent to consultation with MAST and maternity and health insurance OFATMA. ADIH for more guidance. does not include the lunch break payment. Mar-21 Compensation Social Security and Other The calculation of workers’ Include the lunch break payment The Company is still in 9 Benefits contributions to ONA does not in the contribution sent to ONA. consultation with MAST and include the lunch break payment. ADIH for more guidance. Mar-21 Compensation Social Security and Other The calculation of employer's Include the lunch break payment The Company is still in 9 Benefits contributions to ONA does not in the contribution sent to ONA. consultation with MAST and include the lunch break payment. ADIH for more guidance. Mar-21 Compensation Paid Leave The lunch break is not Pay the lunch break. The Company is still in 9 compensated in the payroll. consultation with MAST and ADIH for more guidance. Mar-21 Compensation Paid Leave The calculation for the annual leave Pay the lunch break and include The Company is still in 12 payment does not include the lunch the payment of lunch break in consultation with MAST and break payment. the annual leave payment. ADIH for more guidance. Assessment October 2020- March 2020 [page 220] 220 Oct-20 Occupational Safety Worker Protection The factory has a system in place to Implement a checklist to record and Health clean and disinfect the workplace. daily cleaning and disinfection However the factory did not provide Keep record in appropriate a copy of the daily cleaning and location. disinfection record. Oct-20 Occupational Safety OSH Management The factory has a COVID 19 protocol Develop a protocol that include a Factory has participated in and Health Systems in place. However it is missing the COVID-19 task force, hygiene the review of the following procedures, entry and exit management guidelines for Handling procedure of suspected procedures and reporting COVID 19 and has cases. Procedures. implemented the recommendations. Mar-20 Occupational Safety Emergency Preparedness less than 10 percent of the Ensure that at least 10 percent of The training has been and Health workforce including men and the workforce is trained. conducted for 140 Workers. women were trained to use firefighting equipment. Mar-20 Occupational Safety Health Services and First less than 10 percent of the Ensure that at least 10 percent of The training has been and Health Aid workforce including men and the workforce is trained. conducted for 140 workers. women were trained in first aid. Mar-20 Occupational Safety Working Environment Workplace temperature exceed BW Use electrical exhaust fans or All exhaust fans are correctly and Health recommended limit of 30 C in all cooling system. in use and mechanic section. department receive training to verify and monitor the fans regularly. Mar-20 Occupational Safety Worker Protection The employer has not effectively Train workers on the proper use Training has been conducted and Health trained and encouraged workers to of PPE and machines. and this aspect is included in properly use personal protective the daily checks. equipment and machines. Mar-20 Occupational Safety Chemicals and The employer has not effectively Conduct an additional trainingto Additional training on and Health Hazardous Substances trained workers who work with train all workers on chemical chemical hazard pictograms chemicals and hazardous hazard pictograms. was conducted for all substances. workers who are dealing with chemicals. Mar-20 Occupational Safety Chemicals and The employer does not have Keep chemical MSDS for all AI MSDS have been revised and Health Hazardous Substances chemical safety data sheets for all hazardous chemicals used in the and posted for all hazardous the hazardous chemicals used in workplace. chemicals used in the the workplace. workplace. [page 221] 221 Mar-20 Occupational Safety Chemicals and Chemicals and hazardous Define who control the chemical All chemical containers have and Health Hazardous Substances substances were not properly container on receipt from been properly labelled in labeled in the mechanic shop. supplier and control the label. Creole so that the chemical Develop a chemical inside the bottles truly reflect management procedure. their content. Mar-20 Occupational Safety Chemicals and The employer did not maintain a Assign responsible persons for The chemical inventory has and Health Hazardous Substances complete inventory of hazardous updating inventories of been updated and all chemicals used in the workplace. hazardous substances in the chemicals can be traced, various locations where they are reflected and followed-up stored or used. through the use of the document. Mar-20 Occupational Safety OSH Management Assessment of general occupational Have someone in charge to Self-audit are held monthly. and Health Systems safety and health in the factory was conduct general occupational These self-audits are kept not available. safety and health issues. and saved in the Compliance department. [page 222] 222 BETTER WORK HAITI - 23RD SYNTHESIS REPORT Factory: Sewing International S.A. Location: Port-au-Prince Number of workers: 1,368 Date of registration Oct-09 Date of last two Better Aug-19 Sep-21 Work assessments: Advisory and Training Services 24-Nov-21 Advisory meeting Virtual meeting with the compliance team to review and update the improvement plan, provide guidance on HR procedures. 1-Jul-21 Training Virtual training on emergency Preparedness. 1-Jul-21 Advisory meeting Virtual meeting with the compliance team to review the improvement plan. Follow up on accident investigation procedure, Risk assessment procedure. Verify OSH self assessment and OFATMA work related accident. 21-Apr-21 Advisory meeting Virtual meeting with the compliance team for the implementation of the bipartite committee. Follow up on annual leave, working environment and welfare facilities. Review of documentations for breast feeding brakes, annual leave, compensation and COVID-19 Policy. 28-Jan-21 Advisory meeting Meeting with the OSH committee to define the priorities for the year 2021 and identify training needs. 23-Nov-20 Advisory meeting Virtual Advisory to update social security calculation for base salary, progress on COVID 19 procedure and follow up on the status of bipartite committee. 7-May-21 Training Workplace Cooperation & Communication 6-May-21 Training Virtual Sexual Harassment Awareness and Prevention 5-May-21 Training Virtual training Covid-19 Emergency Preparedness. 5-Mar-21 Training Virtual Industry Seminar on ILO Conventions 87 and 98. REMEDIATION ASSESSMENT COMPLIANCE CLUSTER COMPLIANCE POINT DETAILS OF NON COMPLIANCE IMPROVEMENT PRIORITIES EFFORTS MONTHS Assessment October 2020 Sep-21 Working Time Regular Hours The employer does not keep working Ensure that working time records is 32 time records that reflect the hours accurate. actually worked. Sep-21 Working Time Regular Hours One worker was not automatically Develop a procedure for the HR staff 32 granted breastfeeding brakes after her when worker return from maternity return from maternity leave. leave. Sep-21 Working Time Regular Hours The regular working hours are from 7 Revise the internal regulations and 2 AM to 4 PM (including a 1 hour daily make sure that the regular hours do break), 6 days per week, which is not exceed 48 hours per week. equivalent to 9 working hours per day and 54 hours per week. [page 223] 223 Sep-21 Occupational Safety and Emergency Preparedness The total number of workers trained Include the training in fire fighting in 2 Health in fire-fighting is less than 10 percent the training plan. of the workforce Ensure that at least 10 percent of the workforce is trained Sep-21 Occupational Safety and Emergency Preparedness The last fire drill was conducted on Conduct at least one emergency drill 2 Health June 22nd 2021, and the one before every 6 months including full that on 30th August 2020. evacuation of the workforce. Insert the drills in the OSH annual training plan. Sep-21 Occupational Safety and Emergency Preparedness The aisles were obstructed in both Provide additional training for 2 Health buildings of the factory during supervisors and worker. Provide working hours. additional space for storing goods. Sep-21 Occupational Safety and Emergency Preparedness The escape routes in both floor ofthe Paint evacuation arrows and yellow 47 Health factory are not clearly marked lines on the floor to show the exit pathway. Sep-21 Occupational Safety and Emergency Preparedness The fabric warehouse does not have Install adequate fire-fighting 47 Health adequate fire-fighting equipment. equipment in this area. Sep-21 Occupational Safety and Emergency Preparedness The fabric storage does not have a Install a smoke detector in this area 2 Health fire detection and alarm systems. Provide additional training on electrical hazards. Sep-21 Occupational Safety and Health Services and First The total number of workers trained Include First Aid training in the 2 Health Aid in first aid is less than 10 training plan. percent of the workforce. Ensure that at least 10 percent of the workforce is trained in first aid Sep-21 Occupational Safety and Health Services and First The factory is in compliance with the Hire additional medical staff to have 70 Health Aid labour code regarding the doctor at least 7 nurses for the current services. However, the number of workforce. nurse is insufficient. Sep-21 Occupational Safety and Health Services and First Annual medical checks for workers is Discuss the legal requirements with 2 Health Aid not in line with legal requirements. the General Manager. Pay the health card. Sep-21 Occupational Safety and Health Services and First Health checks for workers who are Discuss the legal requirements with 2 Health Aid exposed to work-related hazards is the General Manager. Develop a not in line with legal requirements. health check plan for workers who are exposed to work-related hazards. [page 224] 22A Sep-21 Occupational Safety and Health Services and First The factory did not paid the CDS. As Discuss the legal requirements with 2 Health Aid a result OFATMA did not provide any the General Manager medical checks for workers upon Pay the health cards. hiring and workers did not receive the health card. Sep-21 Occupational Safety and Welfare Facilities Insufficient number of toilets. Discuss the legal requirements with 79 Health the General Manager. Increase the number of toilet to have at least one toilet for every 25 men and one toilet for every 15 women. Sep-21 Occupational Safety and Working Environment Lux level is insufficient in sewing, Increase the light level to reach 300 79 Health packing and cutting section. lux in Pressing section, 500 lux in Sewing, cutting, packing. 750 lux in trimming, Inspection section. Add this aspect in the daily and weekly checks. Sep-21 Occupational Safety and Working Environment Workplace temperature exceed 30 C Increase the ventilation with 63 Health in cutting section. additional fans. Conduct regular measurement of temperature & compare with threshold value. Sep-21 Occupational Safety and Worker Protection No support belts have been provided Provide employees with all necessary 29 Health to workers doing heavy lifting work. personal protective clothing and equipment according to PPE regulation. Sep-21 Compensation Paid Leave The annual salary supplement or Discuss legal requirements with the 2 bonus does not include the lunch General Manager. Pay the lunch break payment. break and include it in the annual salary supplement. Sep-21 Compensation Social Security and Other Workers' contributions to OFATMA is Discuss legal requirements with the The last OFATMA 63 Benefits late and does not include the lunch General Manager. Include the lunch payment has been break payment. break in worker's contribution to made for the month of OFATMA. Ensure that payments are October 2021 done within the first 10 business days of the next month for the previous month. Sep-21 Compensation Social Security and Other Employer contribution to OFATMA Include the lunch break in the The last OFATMA 63 Benefits for maternity and health insurance is employer contribution to OFATMA. payment has been late. Ensure payment are done within the made for the month of first 10 business days of the next October 2021. month for the previous month. [page 225] 225 Sep-21 Compensation Social Security and Other Employer contribution to OFATMA Include the lunch break in the The factory made a first 2 Benefits for work-related accident insurance is contribution sent to OFATMA. Pay payment for the fiscal late. the health cards. year 2021/2022 which includes the health cards. Sep-21 Compensation Social Security and Other The employer did not collect and Pay the lunch break and Forward The last ONA payment 63 Benefits forward workers' contributions to worker contribution to ONA within has been made for the ONA on time and the lunch break is the first 10 business days of the next month of October 2021. not compensated. month for the previous month. Sep-21 Compensation Social Security and Other The employer contribution to ONA is Pay the lunch break and Forward The last ONA payment 63 Benefits late and does not include the lunch employer contribution to ONA within has been made for the break payment. the first 10 business days of the next month of October 2021. month for the previous month. Sep-21 Contracts and Human Paid Leave The factory did not pay annual leave, Pay the lunch break and include it in 2 Resources Sick leave, maternity leave and the the calculation of sick leave, daily break correctly as the lunch maternity leave and annual leave. break is not compensated. Sep-21 Contracts and Human Paid Leave The lunch breaks is not compensated Pay the lunch break. 2 Resources in the payroll. Sep-21 Contracts and Human Paid Leave The eligible workers are receiving 12 Pay the lunch break and include it in 2 Resources week of maternity leave payment the declaration sent to OFATMA. from OFATMA. However, the calculation does not include the lunch break payment. Sep-21 Contracts and Human Paid Leave The factory has not paid some Pay the lunch break and include it in 2 Resources workers their sick leave because the calculation of sick leave. management lost workers’ sick leave certificate. Sep-21 Contracts and Human Paid Leave The annual leave payment is not Pay the lunch break and include it in 2 Resources calculated on worker's daily average the calculation of average daily earnings. earnings, when paying the annual leave. Sep-21 Compensation Minimum Wages/Piece Workers are not getting the minimum Review and update the internal 2 Rate Wages wage for the days when they get sent regulations. Based on factory home early for not making good internal regulations progress on the production. approved by MAST, workers received the minimum wage. Assessment October 2020 /August 2019 [page 226] 226 Oct-20 Occupational Safety and OSH Management Factory does not keep a record of Provide documentation of any Health Systems training provided for the prevention of training during induction, refresher COVID-19. provided to management and/or workers on COVID-19 prevention. Oct-20 Occupational Safety and OSH Management Factory does not keep a registry for Keep a registry for all persons who Health Systems persons who have a body present a temperature of 38C and temperature above 38 C. above. Oct-20 Occupational Safety and OSH Management Factory does not have appropriate Elaborate checklist to better monitor Health Systems checklist to monitor the cleaning and the cleaning and disinfection disinfection procedures. procedures in place. AUg-19 Compensation Overtime Wages Overtime worked after 4 pm without Ensure that management is clear and Management posts and prior approval is not compensated. transparent with respect to the actively enforce conditions of overtime hours and overtime hours allowed. post voluntary overtime hours on the floor. AUg-19 Compensation Wage Information, Use and Overtime hours worked without prior Compensate all overtime hours Overtime are paid Deduction authorization are not recorded and worked at a 50% premium. according to labor code. compensated properly. Aug-19 Compensation Social Security and Other Improper calculation of employer's Calculate employers’ contribution to Payment plan Benefits contribution to ONA. ONA on workers’ base salary and agreement reached with ensure timely payment. ONA. Aug-19 Compensation Social Security and Other Improper calculation of workers" Pay workers’ portion of ONA Payment plan Benefits contribution to ONA. contributions on base salary and agreement reached with ensure timely payment. ONA. Aug-19 Compensation Social Security and Other Inaccurate salaries reported to Report accurate salaries and respect Payment plan Benefits OFATMA and late payments. payment deadlines with OFATMA. agreement reached with OFATMA, Aug-19 Compensation Social Security and Other Inaccurate payment of worker's Ensure correct amount of base salary Payment plan Benefits deduction sent to OFATMA. deductions ultimately get transferred agreement reached with to OFATMA for payment. OFATMA. Investigate discrepancy to prevent future recurrences. Aug-19 Occupational Health & Worker Protection Sub-contracted workers using Ensure that all appropriate personal Factory purchased PPE Safety mechanical equipment without protective equipment is available and distributed to all proper personal protective prior to the performance of a given workers. equipment. task by sub-contracted workers. [page 227] 227 AUg-19 Contract and Human Dialogue, Discipline and Alleged verbal abuse by general Provide training to general supervisor. Management removed Resources Disputes supervisor. Monitor behavior for possible written general supervisor from warning on future recurrences. the communication team. Aug-19 Occupational Health & Chemicals and Hazardous Chemical containers are not labelled Label all containers used in the Containers were Safety Substances workplace. labelled and a monitoring systerns is ensured by compliance team. Aug-19 Occupational Health & Chemicals and Hazardous MSDS was not available for some Maintain and POST MSDS for all Employer took Safety Substances products in the mechanic workshop. chemicals in use. immediate actions to post the missing MSDS. Aug-19 Occupational Health & Chemicals and Hazardous No evidence of actions taken by Take proper measures to isolate use Safety Substances management to control and oversee of blow out as to minimize exposure workers" exposure to chemicals. of surrounding workers. Aug-19 Occupational Health & Worker Protection Inadequate masks provided to Provide appropriate masks to Masks have been Safety workers using chemicals and workers in the spot cleaning area. distributed. hazardous substances. Aug-19 Occupational Health & Worker Protection Several workers using chairs without Ensure chairs with adequate back Factory removed chairs Safety backrests. rests are used as appropriate for the without backrest. operation being performed. Factory provided chairs with proper backrest to all workers Aug-19 Occupational Health & Working Environment Temperature over BW recommended Use electrical exhaust fans or cooling Factory purchased Safety 30C. system. additional fans to Monitor workplace temperature on a reduce temperature. regular basis. Aug-19 Occupational Health & Working Environment Noise levels are unacceptable in the Provide ear muffs to workers in that Ear muffs were Safety workplace. section if noise cannot be controlled provided below 90DB. Perform random noise level measurements. Aug-19 Occupational Health & Working Environment The level of lighting in the workplace Consider the replacement of Safety is unacceptable. lightbulbs according to manufacturers recommendations and position stations so as not to block the natural light penetration. Aug-19 Occupational Health & Welfare Facilities Insufficient toilets for men and Increase the number of toilets. Safety women: [page 228] 228 Aug-19 Occupational Health & Welfare Facilities The eating area can only Explore measures to provide enough Safety accommodate about 25 percent of space for all the workers. the workers. AUg-19 Occupational Health & Health Services and First Insufficient number medical Increase the number of medical staff Safety Aid personnel. as required by the labour code. AUg-19 Occupational Health & Health Services and First Latex gloves found expired in first aid Perform weekly monitoring of first Boxes are monitored Safety Aid boxes. aid boxes. Remove and replace all consistently by expired products. compliance teams at least 3 times a week. Aug-19 Occupational Health & Emergency Preparedness Obstructed fire alarm. Perform random OSH tour to ensure No obstruction of fire Safety no obstruction of fire fighting alarm during recent equipment system. advisory visits. Aug-19 Occupational Health & Emergency Preparedness Escape routes were obstructed by Assign monitoring tasks at the No obstruction of Safety boxes of fabrics in the warehouse. supervisors level to ensure that evacuation routes escape routes are not obstructed. during recent visits. Aug-19 Occupational Health & Emergency Preparedness Assessors noticed rechargeable Ensure that electrical appliances are Ensured by factory Safety electric lamps wrapped with fabric not wrapped with flammable through compliance strap. materials. team monitoring. Aug-19 Working Time Regular Hours Breastfeeding break are not provided Allow the breastfeeding women to Breaks are given and to women during regular work hours. take their break during regular enforced by factory. working hours. Aug-19 Working Time Leave Insufficient annual leave given to Ensure that workers enjoy 15 days of Factory gives 15 days of workers. annual leave as required. annual leave to all workers. Aug-19 Compensation Overtime Wages Inaccurate attendance records. Ensure that workers are accurately Workers' time is clocking in their time worked. accurately recorded with Post maximum allowed overtime by new attendance management. tracking system. [page 229] 229 BETTER WORK HAITI - 23RD SYNTHESIS REPORT Factory: Valdor Apparel Mfg S.A. LS Location: Port-au-Prince Number of workers: 827 Date of registration: Oct-14 Date of last two Better Nov-19 Apr-21 Work assessments: Advisory and Training Services 10-Dec-21 Virtual advisory meeting Advisory summary Meeting with management - Discuss evidence of progress on the improvement plan and documentation tracking. - Finalized Progress Report 1 - Conducted a factory tour - Update of the improvement plan. 13-Oct-21 Virtual advisory meeting Advisory summary - Meeting with the bipartite committee to discuss working condition of the factory. - Meeting with management to follow up on the progress report and review the improvement plan and follow up on the current situation of the factory. O5-Aug-21 Training Virtual HIV/AIDS 22-Jun-21 Virtual advisory meeting Advisory summary Meeting with the bipartite committee to: - Discuss How to improve the Social dialogue and grievance mechanism in the workplace. Meeting with the factory management to: - Review the improvement plan and conducted a factory tour between BW, the compliance and the MAST. 31-May-21 Virtual advisory meeting Advisory summary - Meeting with the bipartite committee to discuss the new improvement plan, root causes and necessary corrective actions and follow up on the training plan. - Meeting with management to follow up on the compensation issues. Finally, a factory tour to validate remediation efforts done by the factory. 25-May-21 Training Virtual Learning Seminar on Chemical Management System 13-May-21 Training Virtual Sexual Harassment Awareness and Prevention for Middle Management 12-May-21 Training Virtual Sexual Harassment Awareness and Prevention for Supervisors O7-May-21 Training Workplace Cooperation & Communication 06-May-21 Training Virtual Sexual Harassment Awareness and Prevention 20-Apr-21 Training Virtual Occupational Safety and Health (OSH) O5-Mar-21 Training Virtual Industry Seminar on ILO Conventions 87 and 98 O4-Mar-21 Training Virtual Webinar on Covid-19 Human Resources Management (HRM) - French 18-Feb-21 Virtual advisory meeting Advisory summary - Meeting factory management to introduce myself as the new advisor. - Meeting with bipartite committee to review the improvement plan. - Meeting with all union where they discuss about the change in management board. Perform documents review with management. - Finally, a factory visit to review OSH issues 20-Nov-20 Training Virtual Socially Responsible Transitioning 19-Nov-20 Training Virtual training Covid-19 Emergency Preparedness 13-Nov-20 Training Virtual Occupational Safety and Health (OSH) 26-Oct-20 Training COVID-19 training for Doctors & Nurses in Factories [page 230] 230 23-Oct-20 Training Virtual Socially Responsible Transitioning 21-Oct-20 Training Virtual Hygiene and Prevention against Covid-19 16-Oct-20 Training Virtual training Covid-19 Emergency Preparedness 14-Oct-20 Training Virtual Sexual Harassment Awareness and Prevention ASSESSMENT COMPLIANCE CLUSTER COMPLIANCE POINT DETAILS OF NON COMPLIANCE IMPROVEMENT PRIORITIES REMEDIATIONEFFORTS MONTHS Assessment April 2021 Apr-21 Occupational Safety and Emergency Preparedness Obstructed aisles in the packing, Ensure that routes are not The factory rectified the 3 Health sewing and cutting area. In addition, obstructed and keep allthe exit problem of blocked aisles an emergency exit door was locked. doors open during working and keeps the emergency hours. exit door open. Apr-21 Occupational Safety and Emergency Preparedness One fire extinguisher was missing in Provide adequate firefighting Now all the fire 31 Health the packing section equipment and ensure regular extinguishers are in place. maintenance is done. Apr-21 Occupational Safety and Health Services and First Aid Three first aids boxes were missing Equip all first aid boxes All the first aid boxes are 3 Health supplies. properly. fixed permanently and regular check is in place. Apr-21 Occupational Safety and Welfare Facilities The eating area does not have the Provide an adequate eating 8 Health capacity to accommodate all workers area and respect the 1.5 meter and the social distance is not of distance respected. Apr-21 Occupational Safety and Welfare Facilities Some of the water test results Request information from the The factory conducted a 8 Health revealed the presence of presence of supplier on specifications and water test attesting that the bacteria. provide clean water to workers. water is safe. Apr-21 Occupational Safety and Welfare Facilities Insufficient number of Toilets. Increase the number of toilets. 8 Health Apr-21 Occupational Safety and Working Environment Light levels were inappropriate in all Ensure the lighting is adequate 8 Health the working sections. and adapted to worker's needs. Apr-21 Occupational Safety and Working Environment Workplace temperature levels are Monitor the temperature level 37 Health unacceptable. and maintain it under 30 C inside the workplace. Apr-21 Occupational Safety and Worker Protection Social distance is not respected on Ensure that 1.5 meter of 8 Health the floor and the eating area. distance is respected on the production floor and in the eating area. Apr-21 Occupational Safety and Worker Protection Battery terminal was missing the Install insulation cover and Cover has been installed on 8 Health insulating cover in the generator Train workers on electrical the battery terminals. room hazards. [page 231] 231 Apr-21 Occupational Safety and Chemicals and Hazardous Eye wash station in the chemical Ensure the eye wash station in 8 Health Substances warehouse was not working. the chemical warehouse is working properly. Apr-21 Occupational Safety and Chemicals and Hazardous Chemical and hazardous substances Label all chemicals and The factory has labelled all 37 Health Substances are not properly labelled hazardous substances used in chemicals container. the workplace. Apr-21 Occupational Safety and Chemicals and Hazardous Inventory of chemicals and hazardous Update inventory of chemicals The factory updates its 37 Health Substances substances is not updated. and hazardous substances in inventory of chemicals and the workplace. hazardous substances. Apr-21 Contract and Human Employment Contracts The factory does not have an internal Submit the internal work rules The Factory's Internal Rules 8 Resources work rules approved by the Ministry to the Ministry for proper are updated and already of Labor. authorization. sent to Ministry of labor for approval. Apr-21 Occupational Safety and Social Security and Other Lunch break payment is not included Pay the lunch break and include 8 Health Benefits in the calculation of annual salary the payment in the annual supplement or bonus. salary supplement or bonus calculation. Apr-21 Compensation Social Security and Other The factory inaccurately collects Ensure that 3 percent of 37 Benefits workers’ contribution to OFATMA. workers' base salary are collected and forward to OFATMA for maternity and health insurance. Apr-21 Compensation Social Security and Other The factory inaccurately calculates Submit OFATMA payments on 37 Benefits workers’ contribution to OFATMA. time, and calculate this amount based on workers base salaries. Apr-21 Compensation Social Security and Other The factory inaccurately collects Ensure that 6 percent of 37 Benefits workers’ contribution to ONA. workers' base salary are collected and forward to ONA. Apr-21 Compensation Social Security and Other The factory inaccurately calculates Submit ONA payments on 37 Benefits workers’ contribution to ONA. time, within the first 10 working days of each month for the previous month and calculate this amount based on workers base salary. Apr-21 Paid Leave Payment of annual leave, sick leave Pay annual leave, sick leave and 8 and maternity leave are not maternity leave on daily average calculated on the daily average earnings and include the lunch earnings and the lunch break break payment in the payment is not included. calculation Apr-21 Compensation Paid Leave The lunch break is not compensated Ensure that the daily break is 8 in the payroll. accurately paid to all workers. [page 232] 232 Apr-21 Compensation Paid Leave Inaccurate payment for maternity Ensure that workers received 8 leave. the correct amount of maternity leave payments. Apr-21 Compensation Paid Leave Inaccurate Sick leave payments. Ensure that workers are 16 Accurately compensate workers for sick leaves. Apr-21 Compensation Paid Leave Inaccurate annual leave payments. Calculate the annual leave on 8 worker's daily average earnings Apr-21 Child Labour Documentation and One employment file was missing the Confirm government issued All Employees personal files 8 Protection of Young Workers Government issued IDs indicating the identification at the beginning are updated and monthly worker was above the minimum age of the recruitment process. random check has started. requirement. Assessment October 2020- November 2019 Oct-20 Occupational Safety and OSH Management Systems Factory have a system in place to Develop and keep checklist to All the chemical products Health clean and disinfect the workplace. monitor the cleaning and are stored separately, However, it does not have an disinfection of the factory. labeled, identified & added appropriate checklist to monitor the in the checklist to monitor svstem. the svstem Oct-20 Occupational Safety and OSH Management Systems Factory has COVID-19 with most of Elaborate Handling procedure Health the required elements. However, it of suspected cases inside the does not include Handling procedure factory in writing. of suspected cases (Isolation room; PPE; hand washing station; gloves, disposable shoe covers; isolation gown and cap) Oct-20 Occupational Safety and OSH Management Systems Check all workers’ and visitors’ body Share registry with BWH advisor Everyday we are fallowing Health temperature upon entry but does not the COVID-19 SOP here keep a registry for all persons who each & every employees & present a temperature of 38C and Visitors are scanned for above temperature in prior to entry facility & then after all the employees are re-scanned for temperature in the sewing floor & records are maintained till date. [page 233] 233 Nov-19 Compensation Paid Leave Factory prorates sick leave payment Identify workers and provide full Sick leave payment for the to worker with over one year of payment by end of Q3 employees who where not service. Workers after 1 year of service received the full payments who present a medical certificate is now paid & completed warranting X days of sick leave should with their received receive full payment. Factory prorates signature, they were 37 payments based on 1.25 day/month employees who were in the YTD and pay remaining days on a pending list -document month to month basis if worker did proof is available in the not accumulate the number of days facility. given on the medical certificate. All workers over 1 year of service are entitled to the full payment for the number of days given in a medical certificate. ART 131 Nov-19 Occupational Safety and Emergency Preparedness During the factory tour, assessors Need to give education to Now factory is replaced all Health notice that, the steam lever in an iron employees the hosepipes which are being used in the pressing section, damaged and now regular was wrapped with a piece of fabric. In maintenance is maintained addition, the factory didn't take any " steps to control the source of ignition Proper education is given to during the assessment period. the all the employees who are working with ironing, Nov-19 Occupational Safety and Emergency Preparedness During the assessment visit, assessors 1. Ensure emergency exit doors Now all the Exit doors are Health observed that one emergency exit # 5 remain opened during working opened and securities are in was closed during working hours. hours place full time & educated about importance of the door open. Nov-19 Occupational Safety and Emergency Preparedness During the assessment visit, assessors 1. Conduct daily and or Weekly 1. Now factory is having the Health found one fire extinguisher in the monitoring ensuring proper extra spare extinguishers ( fabric warehouse that was pressurization & clearance from Immediate replacement undercharged. One fire extinguisher in obstruction. when it is under recharged the packing area was obstructed and or over charged ) and another fire extinguisher was missing educated the section in- on the factory floor. charges not to obstruct the Fire Extinguishers & its importance during emergency. 2. Asst. Compliance & OSH committee members are Nov-19 Occupational Safety and Health Services and First Aid There are sufficient number of readily 1. Ensure that all first aid boxes Allthe First Aid materials Health accessible first aid boxes in the include all necessary products; are their in the place and workplace. However during the including but not limited to: every alternate days Nurses assessment visit, assessors found Scissors Alcohol; Gauze pad are monitored and refill the first aid box # 1 was missing the Antibiotic missing medical items and following products: Scissors; Alcohol; report maintained weekly Gauze pad Antibiotic cream once. Management committed to replace the medical supplies. [page 234] 234 Nov-19 Occupational Safety and Health Services and First Aid During the assessment visit, Comply with the Haitian Labor Health management stated that the factory Code, ensure that a factory of has 4 full time nurses and 3 doctor's this size have à permanent visits per week. However they onsite medical service, with at provided proof of study (Nursing least 6 nurses and 3 doctor's diploma) for only 3 nurses. visits per week Management stated that the 4th nurse is still awaiting her diploma from the school. As per the Haïitian Labor Code, a factory of this size must have a permanent onsite medical service, with at least 6 nurses and 3 doctor's visits per week. Nov-19 Occupational Safety and Health Services and First Aid Interviewed workers stated that the 1. Pay for OFATMA medical 1. Payments are paid Health factory does not provide free annual cards regularly. health checks to workers. The 2. Ensure follow up with 2. For General Health employer did not pay OFATMA for OFATMA to carry out medical Checkup for all the the medical cards, that is why checks employees We have send OFATMA did not provide the medical requested letter to checks at the factory. Management OFATMA, their is no said that they will follow up with response from OFATMA. OFATMA. Nov-19 Occupational Safety and Health Services and First Aid Interviewed workers stated that the 1. Pay for OFATMA medical 1. Payment is done regularly Health factory does not provide free health cards 2. sent a request letter to checks to workers within the first 2. Ensure follow up with OFATMA for to conduct a three months of hiring. The employer : OFATMA to deliver medical General Health Checkup to did not pay OFATMA for the medical exams within 90 days of hiring allthe employees cards, that is why OFATMA did not provide the medical checks at the factory. Management said that they will follow up with OFATMA. Nov-19 Occupational Safety and Welfare Facilities The workplace has adequate hand 1. Perform daily and weekly 1. OSH committee is active Health washing facilities. However, during the monitoring by the OSH and now all the toilet items assessment visit, assessors did not committee are in place. find soap in the men's toilet. During 2. Report each instances of NC 2. One of the OSH the interviews, workers complained to Compliance officer committee member is a that soap was often missing in the 3. Follow up with adequate House Keeping Supervisor , ladies' toilets as well. Soap supply as necessary so immediately when the soaps & liquid getting over immediately it is placed & now no issues. 3. Always factory is having the extra stock to avoid lack [page 235] 235 Nov-19 Occupational Safety and Welfare Facilities The factory has 39 functioning toilets Have 1 functioning toilets for Health for women and 7 functioning toilets men and 51 functioning toilets for men. Under the Haitian Labor for women Code there should be at least one toilet for every 25 men and one toilet for every 15 women. With its current workforce, the factory should have 11 functioning toilets for men and 51 functioning toilets for women. Assessors did not observe any waiting lines at the time of assessment. Nov-19 Occupational Safety and Working Environment Assessors measured the light levels as Health follows: Sewing section, 292 lux Quality section, 1090 lux Packing section, 436 lux Pressing section, 310 lux Cutting section, 470 lux Better Work recommends a minimum of 300 lux for this section: Pressing section Better Work recommends a minimum of 500 lux for these sections: Sewing, cutting and packing sections Better Work recommends a minimum of 750 lux for these sections: Trimming and inspection sections Nov-19 Occupational Safety and Working Environment Assessors measured the temperature Health as follows: At 9:40 AM Outside 31.5 C Sewing section, 32.1 C Quality section, 31.7 C Packing section, 32.0 C Pressing section, 32.2 C Cutting section, 30.8 C Better Work recommends a maximum of 30 C. Nov-19 Occupational Safety and Chemicals and Hazardous No material safety data sheet were Ensure material safety data Yes, MSDS is available for Health Substances available for chemicals products such sheet are available for All the chemicals products as WD-40, general purpose grease, chemicals products such as WD- which are used inside the Spray paint, laundry detergent, Oil 40, general purpose grease, factory. and Mist spray 2000. Spray paint, laundry detergent, Oil and Mist spray 2000. [page 236] 236 Nov-19 Occupational Safety and Chemicals and Hazardous During the assessment visit, assessors 1. Conduct daily and or weekly 1. Daily Monitoring is started Health Substances found 2 unlabeled containers of monitoring (Monitored by Asst. gasoline in the welding workshop and 2. Train personnel on compliance) And removed 1 unlabeled container of oil in the importance of using properly unnecessary chemical cutting section. Management said it labeled containers containers. will monitor closely chemicals 3. Provide standard labeled 2. Educated the workers containers around in the workplace. containers for usage who handles the chemnicals and advised without label / MSDS & NFPA the chemical should not be used. 3. Provided standard labeled containers. Nov-19 Occupational Safety and Chemicals and Hazardous The factory has an inventory of 1. Monitor list of chemnicals 1. Informed to the purchase Health Substances chemicals and hazardous substances purchased by the factory department that should be used in the workplace. However, 2. Update list as necessary to informed any chemical during the assessment visit, assessors include all chemicals products purchased should found chemicals such as: King be prior to bring the Antioxido, Wood Glue, Power Flex, knowledge of Compliance WD-40, General Purpose Grease and Dept. Spray paint, that were not included in 2. Updated with the the inventory. Management inventory log. committed to update the inventory. 3. MSDS & NFPA is displayed and educated the authorized persons Nov-19 Contract and Human Termination The employer failed to notify the 1. Complete Training on Haitian 1. Training will be provided Resources Ministry of Labor of the employee's labor starting of the month of dismissal as required under Article 42 2. Update internal policy and May 2020. of the labor code, although the procedure on terminations to 2.Internal Policy will be employee was fired for serious include proper notification of updated with termination misconduct. Management said that labor ministry as appropriate including proper notification they did not know about this of the labor Ministry. and requirement but promise to follow revised updated copy will the proper procedure next time. be sent to the Labor Department. 3. since till now we have not seen any disciplinary dismissal, We have had some capacity related severance which we have kept the Labor Ministry [page 237] 237 Nov-19 Compensation Social Security and Other The factory collects and forward 1) Discuss legal requirements Benefits workers' contributions to OFATMA for with the General Manager 2) maternity and health insurance. Inform workers about the legal However the factory calculates requirements 3) Ensure that 3 OFATMA contributions based on the percent of workers basic salary minimum wage instead of the base are collected and forward to salary. As a result, workers’ OFATMA for maternity and contributions, which should be 3 health insurance percent of the worker's base salary, is not accurate. Furthermore, OFATMA payments are based on the payroll of the last 2 weeks of each month instead of the full month as required by law. Nov-19 Compensation Social Security and Other The factory is registered with 1) Discuss legal requirements no active steps taken to Benefits OFATMA for maternity and health with the General Manager 2) remediate this issue insurance. However, the factory Inform workers about the legal calculates OFATMA maternity and requirements 3) Ensure that 3 health insurance contributions based percent of workers’ basic salary on the minimum wage instead ofthe are collected and forward to base salary. As a result, the OFATMA for maternity and employer's contribution, which should health insurance be 3 percent of the worker's base salary, does not comply with legal requirements. Furthermore, OFATMA payments are based on the payroll of the last 2 weeks of each month instead of the full month as required by law. Nov-19 Compensation Social Security and Other The factory collects and forwards 1- Discuss legal requirements no active steps taken Benefits worker's contributions to ONA. with the General Manager remediate this finding However, the factory calculates ONA 2- Submit ONA payments on contributions based on the minimum time, within the first 10 working wage instead of the base salary. As a days of each month for the result, workers’ contributions, which previous month. should be 6 percent of the worker's 3- Then calculate this amount base salary, does not comply with based on workers monthly legal requirements. Furthermore, base salaries instead of the ONA payments are based on the minimum wage payroll for the last 2 weeks of each month instead of the full month as required by law. [page 238] 238 Nov-19 Compensation Social Security and Other The factory calculates ONA 1- Discuss legal requirements Factory does not have Benefits contributions based on the minimum with the General Manager concrete plans to remediate wage instead of the base salary. As a 2- Submit ONA payments on this issue. result, the employer's contribution, time, within the first 10 working which should be 6 percent of the days of each month for the worker's base salary, does not comply previous month. with the legal requirements. 3- Then calculate this amount Furthermore, ONA payments are based on workers base salaries based on the payroll for the last 2 instead of the minimum wage weeks of each month instead of the full month as required by law. Nov-19 Compensation Wage Information, Use and During the assessment, assessors Deduction found that, for some workers, the adjustment made to their salary was not automatically recorded in the payroll system. Management explained that they changed their accounting system and that they are in the process of recording all the adjustments in the payroll system. However, while drafting the report management sent evidence of the adjustment that have been made in the payroll. [page 239] 239 BETTER WORK HAITI - 23RD SYNTHESIS REPORT . Factory: The Willbes Haïitian 2A S.A. Location: Port-au-Prince Number of workers: 1,541 Date of registration: Sep-10 Date of last two Better Jul-19 Oct-21 Work assessments: Advisory and Training Services 24-Nov-21 Advisory meeting Meeting with management was on the lunch break payment. Factory is currently discussing about best to implement it. The discussion was also on the improvement plan. Meeting with PICC on latest concern regarding workers with disabilities. 17-Sep-21 Training Virtual Preventing and Addressing Sexual Harassment and Abuse. 13-May-21 Advisory meeting Meeting to discuss improvement plan follow up on POSH training. Bipartite committee meeting to discus concerns about the minimum wage and fear of temporary suspension due to Covid 19. 08-Mar-21 Advisory meeting Meeting with management to discuss several issues raised by union members. Virtual OSH tour to verify correction made. 28-Jan-21 Advisory meeting Meeting with management to discuss 2020 performance, roadmap and priorities for 2021. ASSESSMENT COMPLIANCE CLUSTER COMPLIANCE POINT DETAILS OF NON COMPLIANCE IMPROVEMENT PRIORITIES REMEDIATION EFFORTS MONTHS Assessment October 2021 Oct-21 Working Time Regular Hours Factory's working hours are not posted Post working hours for all shift Facility has posted the working 1 on the floor. including break time. hours including the break time. Management has clear to post working hours in all the premises. Oct-21 Occupational Safety and Emergency Preparedness Less than 10 percent of the workforce Ensure that 10 percent of the The trainings are always 1 Health is trained in fire-fighting. workforce is trained in fire- conducted with the 10% of the fighting training. workforce and management will ensure to share the evidence to Better Work since the evidence were not made available at the time of the Oct-21 Occupational Safety and Emergency Preparedness Obstructed emergency exits. Ensure all exits remain . 1 Health unobstructed. Oct-21 Occupational Safety and Emergency Preparedness Inaccurate or missing evacuation plan. Update post the evacuation plan Evacuation plan for the 23 Health for all buildings. mezzanine of building 43 is posted. Facility will ensure to post evacuation plan for the mezzanine of building 42. [page 240] 2A0O Oct-21 Occupational Safety and Emergency Preparedness Missing fire extinguisher in the cutting Install missing extinguishers and Facility will ensure to install one 23 Health section and another one in the the missing inspection tag. fire extinguisher at cutting packing section was missing the Ensure that extinguisher are section and properly maintain inspection tag. checked on a daily basis. all of them. Oct-21 Occupational Safety and Health Services and First Less than 10 percent of the workforce … Ensure that 10 percent of the The trainings are always 1 Health Aid is trained in first-aid training. workforce is trained in first-aid conducted with the 10% of the training. workforce and management will ensure to share the evidence to Better Work since the evidence were not made available at the time of the visit. Oct-21 Occupational Safety and Health Services and First Insufficient medical staff. Have adequate number of 108 Health Aid nurses. Oct-21 Occupational Safety and Welfare Facilities Factory has not conducted a water Conduct a water test on a 1 Health test on a monthly basis. monthly basis to ensue that drinking water provided to worker is safe. Oct-21 Occupational Safety and Welfare Facilities Insufficient number of toilet for Have adequate number of toilet 23 Health women. for the workforce, as required by law. Oct-21 Occupational Safety and Working Environment Level of lighting was insufficient in Increase light level in the sewing, 31 Health several sections. pressing and cutting section Oct-21 Occupational Safety and Working Environment The noise levels was inadequate in the Keep noise level below 90 dB. 23 Health pressing section of building 43. Oct-21 Occupational Safety and Working Environment Temperature exceeded 30C in all Keep the temperature level at 31 Health working sections. 30OC or lower. Oct-21 Occupational Safety and Worker Protection The factory did not check all workers Systematically check all workers Workers and visitors body 1 Health and visitors body temperature upon and visitors body temperature temperature will be check upon entry in a systematic way. The factory upon entry and keep a registry entry in a systematic way. does not keep a registry for all persons … for all persons who present a who present a temperature of 38C temperature of 38C and above. and above. Oct-21 Occupational Safety and Worker Protection The social distance is not respected on Ensure that 1.5 meter of social Facility will take the necessary 1 Health the floor in the workplace. distance is observed in the measures to respect workers’ workplace. physical and social distance. Oct-21 Occupational Safety and Worker Protection Unidentified electrical panels and Identify all electrical panels and Electrical panels and breakers 101 Health circuit breakers. circuit breakers. will be properly identified. [page 241] 241 Oct-21 Occupational Safety and Worker Protection Several sewing machines were missing Install adequate guards on all Facility will ensure to have all 1 Health eye guards and finger guards. sewing machines. sewing machines with its respective guards installed Oct-21 Occupational Safety and Worker Protection Several standing workers were not Provide foot rests or shock Facility will provide standing 1 Health provided with foot rests or shock absorbing mats to all the mats to all workers in standing absorbing mats. standing workers. working position. Oct-21 Occupational Safety and Worker Protection The employer has not provided proper Provide adequate personal Facility will provide all workers 86 Health PPE to all workers. protective equipment to with the correspondent PPE. workers Oct-21 Occupational Safety and Chemicals and Hazardous No eye wash station installed in the Installs eye wash station the Facility has eye wash station 16 Health Substances mechanic workshop and chemical mechanic workshop of building installed where chemicals are warehouse. 36 and chemical warehouse. used. It is not necessary to install an eye wash station at the mechanic workshop. Oct-21 Occupational Safety and Chemicals and Hazardous Several hazardous chemnicals were Provide MSDS with complete Facility will ensure to have 23 Health Substances found without chemical safety data information where the chemical MSDS available for all chemical sheets. products are used and stored. substances. Oct-21 Occupational Safety and Chemicals and Hazardous Unlabeled containers of chemicals Label all containers of chemical Cleaning guns in the spot 23 Health Substances found in the workplace. products used in the factory. cleaning of building 37 and building 42 will be properly labelled. Oct-21 Occupational Safety and Chemicals and Hazardous The inventory was not accurate and Update the inventory of Facility will ensure to have all 1 Health Substances did not include all chemicals used in chemical accordingly. chemical substances include in the workplace the inventory. Oct-21 Occupational Safety and OSH Management The record of accident for the month Submit the record of work Facility ensured to send to 1 Health Systems of October 2020 was unavailable. related accident to OFATMA on OFATMA records work related a monthly basis. accidents on a monthly basis. Oct-21 Contracts and Human Termination The annual salary supplement upon Pay the lunch break payment Corrective action is being 1 Resources termination does not include the and include it in the calculation discussed with Korea office. lunch break payment. of the average daily salary. Oct-21 Contracts and Human Termination The payment for annual leave upon Pay the lunch break payment Corrective action is being 1 Resources termination. does not include the and include it in the calculation discussed with Korea office. lunch break payment. of the average daily salary. Oct-21 Contracts and Human Termination The payment for the applicable notice Pay the lunch break payment Corrective action is being 1 Resources period upon termination does not and include it in the calculation discussed with Korea office. include the lunch break payment. of the average daily salary. [page 242] 2A2 Oct-21 Contracts and Human Employment Contracts The internal work rules do not cover Update the internal rules to add Corrective action is being 1 Resources the break times, different categories of the missing information. discussed with Korea office. workers and their wages, date and time for wage payment. Oct-21 Contracts and Human Employment Contracts Contractual workers do not Ensure that workers have à copy Human Resources manager will 1 Resources understand the terms and condition of a copy of the written contract ensure that Terns and of employment. and are informed of the internal condition of employment are work rules. properly explained to contract workers . Files will be properly Oct-21 Compensation Social Security and Other The annual salary supplement or Pay the lunch break payment Corrective action is being 1 Benefits bonus does not include the lunch and include it in the calculation discussed with Korea office. break payment. of the average daily salary. Oct-21 Compensation Social Security and Other The workers’ contributions to Pay the lunch break payment Corrective action is being 16 Benefits OFATMA does not include the lunch and include it in the calculation discussed with Korea office. break payment. of the average daily salary. Oct-21 Compensation Social Security and Other The employer contribution to Pay the lunch break payment Corrective action is being 16 Benefits OFATMA does not include the lunch and include it in the calculation discussed with Korea office. break payment. of the average daily salary. Oct-21 Compensation Social Security and Other The workers’ contributions to ONA Pay the lunch break payment Corrective action is being 16 Benefits does not include the lunch break and include it in the calculation discussed with Korea office. payment. of the average daily salary. Oct-21 Compensation Social Security and Other The employer contribution to ONA Pay the lunch break payment Corrective action is being 16 Benefits does not include the lunch break and include it in the calculation discussed with Korea office. payment. of the average daily salary. Oct-21 Compensation Paid Leave Annual leave and sick leave payments Pay the lunch break payment Corrective action is being 1 do no include the lunch break and include it in the calculation discussed with Korea office. payment. of the average daily salary. Oct-21 Compensation Paid Leave Lunch breaks is not compensated in Pay the lunch break payment Corrective action is being 1 the payroll. and include it in the calculation discussed with Korea office. of the average daily salary. Oct-21 Compensation Paid Leave Sick leave payment does not include Pay the lunch break payment Corrective action is being 1 the lunch break payment. and include it in the calculation discussed with Korea office. of the average daily salary. [page 243] 2A3 Oct-21 Compensation Paid Leave Annual leave payment does not Pay the lunch break payment Corrective action is being 1 include the lunch break payment. and include it in the calculation discussed with Korea office. of the average daily salary. Oct-21 Interference and Wrongful termination of 6 union Reinstate the 6 union leaders 1 Discrimination leaders. terminated on unjustified ground Oct-21 Interference and The factory suspended for union Compensate the workers for the 1 Discrimination activities on October 1st, 2021. lost days and ensure to have Management claimed they did not clear and regular communication know those 2 workers were part ofthe with union committee in the union. factory. Assessment October 2020-July 2019 Oct-20 Occupational Safety and OSH management The factory does not have an Develop an adequate COVID-19 Factory will review the protocol 8 Health adequate COVID-19 protocol that protocol with all the relevant accordingly. includes all the relevant elements. In elements as per Better Work addition, the existing protocol is Haiti's guidelines. Translate the written in Spanish. protocol in local language. Jul-19 Compensation Social Security and Other Late payment of employers' Pay OFATMA within the first 10 Contribution to OFATMA 15 Benefits contribution to OFATMA for maternity business days of the next month maternity and health insurance and health insurance. for the previous month is being paid within the first 10 business days. Jul-19 Compensation Social Security and Other Late payment of workers’ contribution Pay OFATMA within the first 10 Contribution to OFATMA 15 Benefits to OFATMA maternity and health business days of the next month maternity and health insurance insurance. for the previous month. is being paid within the first 10 business days. Jul-19 Contracts and Human Termination Improper termination of pregnant Train the Human resources Pregnant woman was rehired 15 Resources worker. officer. Have a checklist to file immediately. Facility trained all termination document in a Human Resources Manager. consistent manner. Procedures and regulations are being followed. [page 244] 2AA Jul-19 Occupational Safety and Chemicals and Hazardous Unlabeled containers of chemicals Label all containers of chemical Oil containers were properly 22 Health Substances found in the workplace. products used in the factory. labelled in the mechanic shop. Thinner container was removed from trim stock. Thinner container in the spot cleaning room was properly identified. Water tank in the boiler room is in process of identification. Jul-19 Occupational Safety and Chemicals and Hazardous Incomplete MSDS, missing standard Provide MSDS with complete Complete MSDS for Thinner, 22 Health Substances information on chemical for several information where the chemical alkal, K7M were already posted. products. products are used and stored. Jul-19 Occupational Safety and Chemicals and Hazardous One non functional eye wash station. Fix non functional eye wash The eye wash station is already 15 Health Substances station in the chemical fixed. water pressure is ok. warehouse. Jul-19 Occupational Safety and Worker Protection Management did not provide proper Provide protective equipment to All workers in all working 85 Health masks to spot cleaning workers. workers using chemicals and sections are provided with hazardous substances. PPESs. Facility restrict the access to that area. Jul-19 Occupational Safety and Worker Protection Improper maintenance of electrical Perform regular maintenance of 100 Health equipment and installations. all electrical equipment and installations. Jul-19 Occupational Safety and Working Environment Temperature exceeded 30C in all Keep the temperature level at 30 Health working sections. 3OC or lower. Jul-19 Occupational Safety and Working Environment Noise levels exceeded 90 db. Keep noise level below 90 dB. 22 Health Jul-19 Occupational Safety and Working Environment Level of lighting was insufficient in Increase light level in the sewing, 30 Health several sections. pressing and cutting section Jul-19 Occupational Safety and Welfare Facilities Insufficient number of toilets for Increase the number of toilets 22 Health women. for women. Jul-19 Occupational Safety and Health Services and First Insufficient number of nurses. Add more nurses. 107 Health Aid Jul-19 Occupational Safety and Health Services and First One first aid box obstructed by a Keep first aid boxes Facility ensured that all first aid 23 Health Aid trolley. Keys were not available to unobstructed and readily kits remained unobstructed at open another first aid box. accessible during working hours. all time. Facility ensured to have two persons in charged of first aid kits. [page 245] 2A5 Jul-19 Occupational Safety and Emergency Preparedness Access to three fire extinguishers was Keep firefighting equipment Facility took immediate action. 22 Health obstructed by boxes. unobstructed and readily all fire extinguishers are free of accessible. obstructions. Jul-19 Occupational Safety and Emergency Preparedness The evacuation plan was not posted in Mark the escape routes in the Evacuation plan for the 22 Health the mezzanine. The escape routes in mezzanine area. Postthe mezzanine building # Alis the mezzanine were not clearly evacuation plan in the already designed. It will be marked. mezzanine area. posted shortly, Evacuation routes for the same building were already painted, Emergency light near the pressing section was relocated as per Better Work recommendation. Jul-19 Occupational Safety and Emergency Preparedness A rechargeable lamp wrapped with a Ensure that possible sources of Rechargeable lamp wrapped 15 Health black bag in the mezzanine. ignition are properly with black bag was removed safeguarded. immediately. Perform an internal OSH assessment for the new facility. Jul-19 Working Time Leave Workers were provided less than 15 Provide 15 days of annual leave 18 days of annual leave. to all workers after 1 year of service. [page 246] 2A6 BETTER WORK HAITI - 23RD SYNTHESIS REPORT Factory: The Willbes Haitian S.A (HT-2B) è Location: Port-au-Prince Number of workers: 790 Date of registration: Feb-18 Date of last two Better Sep-19 Sep-21 Work assessments: Advisory and Training Services 24-Nov-21 Virtual advisory meeting Meeting with management regarding the lunch break payment. Factory is currently discussing the best way to implement it. The discussion was also on the improvement plan. Meeting with PICC regarding the dismissal of a worker . 2-Sep-21 Bipartite Committee Meeting Meeting with the committee to review the improvement plan. Meeting with PICC to discuss a new initiative to boost the productivity. 13-Aug-21 Training Virtual Preventing and Addressing Sexual Harassment and Abuse. 18-Jun-21 Virtual advisory meeting Virtual management meeting on improvement plan status. Virtual meeting with bipartite committee members on workers current concerns 21-Apr-21 Virtual advisory meeting Virtual meeting with management on industrial relations and on HR procedures. The discussion was also on the IP follow ups. Virtual meeting with bipartite committee on protective equipment in the workplace. 12-Apr-21 Virtual advisory meeting Virtual advisory with management. Discussion was on advisory strategy as their new advisor and expected follow ups. Management to share several documents. 1-Apr-21 Virtual advisory meeting Virtual meeting with management on industrial relations and on HR procedures. The discussion was also on the IP follow ups. Virtual meeting with bipartite committee on protective equipment in the workplace. ASSESSMENT COMPLIANCE CLUSTER COMPLIANCE POINT DETAILS OF NON COMPLIANCE IMPROVEMENT PRIORITIES REMEDIATION EFFORTS MONTHS Assessment September 2021 Sep-21 Working time Regular Hours Supervisors do not allow pregnant Provide tow additional break of Facility will ensure to have all 2 women to take their additional 30 minutes to pregnant women, _ supervisors aware of this policy break. as required by the labor code. and its compliance. Sep-21 Occupational Safety and Emergency The total number of workers Provide training on fire fighting This issue was reported by 2 Health Preparedness trained in fire-fighting is less than to at least 10 percent of the mistake. Fire fighting trainings are 10 percent of the workforce as workforce. always conducted with the 10% of recommended by Better Work. the workforce. Sep-21 Occupational Safety and Emergency Improper maintenance of fire Develop a OSH assessment Facility will ensure to have all fire 2 Health Preparedness extinguishers. policy which includes the extinguishers properly monitoring of fire extinguishers maintained. on a regular basis. Assign a person responsible to check the fire extinguishers on a monthly basis. Have an certified company provide maintenance to all fire fighting equipment on an annual basis. [page 247] 2A7 Sep-21 Occupational Safety and Health Services and The total number of workers Train at least 10 percent of the This issue was reported by 2 Health First Aid trained in first aid is less than 10 workforce in first aid. mistake. First aid trainings are percent of the workforce as always conducted with the 10% of recommended by Better Work. the workforce. Sep-21 Occupational Safety and Health Services and First aid boxes were not accessible Assign a person who is Facility will ensure to have all first 2 Health First Aid in a timely manner for emergency responsible to open the first aid aid kits accessible in a timely treatment. boxes. Post the name and manner for emergency treatment. picture of the person next to the Expired item will be removed. first aid box. Sep-21 Occupational Safety and Health Services and Insufficient number of licensed Hire more nurses. To 36 Health First Aid nurses. comply with the Haitian Labor Code, a factory of this size must have a permanent onsite medical service, with at least 4 licensed nurses and 3 doctors visits ner week Sep-21 Welfare Facilities The factory has not conducted a Contract a certified laboratory to 2 water performed by a certified perform monthly water tests. laboratory, on a monthly basis. Sep-21 Occupational Safety and Welfare Facilities Insufficient number of toilets for Increase the number of toilets. 36 Health the size of the workforce. With its current workforce, the factory should have 48 functionine toilets for women Sep-21 Occupational Safety and Working Environment The light level is insufficient in all Increase the light level to 36 Health sections. comply with Better Work's recommended level. Sep-21 Occupational Safety and Working Environment Temperature level exceeds Better Increase the ventilation with 36 Health Work's recommended level of 30C, additional fans. Conduct regular in all sections. measurement of temperature & compare with threshold value. Sep-21 Occupational Safety and Worker Protection The factory did not check all Check all workers and visitors All workers and visitors body 10 Health workers and visitors body temperature at the entrance temperature upon entry will be temperature upon entry in a keep a registry for people check in a systematic way. systematic way. In addition, the presenting a temperature of 38 factory does not keep a registry for C and above. all persons who present a temperature of 38C and above. Sep-21 Occupational Safety and Worker Protection The factory did not take the Implement the necessary steps Facility will take the appropriate 10 Health appropriate measures to respect to make sure that social measures to respect workers’ workers’ physical and social distancing measures are physical and social distance. distance recommendations. respected. Sep-21 Occupational Safety and Worker Protection Improper maintenance of electrical Repair all damaged electrical Facility will remove damage 31 Health wiring system. wires. Have the maintenance electrical cable, The electrical department perform regular panel will be properly covered and checks of electrical system. breakers will be properly labeled. Label all circuit breakers. [page 248] 2A8 Sep-21 Occupational Safety and Chemicals and Eye wash stations are not installed functioning eye wash Facility will ensure to have the eye 2 Health Hazardous Substances functioning properly in all sections stations or eye wash bottles wash station functioning during where chemicals and hazardous where chemical and hazardous the working hours. substances are used and stored. substances are used and stored. Sep-21 Occupational Safety and OSH Management The employer records work related Keep monthly records of work Facility will ensure to send to 2 Health Systems accidents but does not submit related accident and submit OFATMA records work related to them on a monthly basis to them to OFATMA on a monthly accident on a monthly basis. OFATMA. basis. Sep-21 Contract and Human Termination The calculation for the annual Pay the Lunch break and Corrective action is being 2 Resources salary supplement upon include it in the calculation of discussed with Korea office. termination does not include the the average daily salary. lunch break payment. Sep-21 Contract and Human Termination The calculation for unused paid Pay the Lunch break and Corrective action is being 2 Resources annual leave upon termination include it in the calculation of discussed with Korea office. does not include the lunch break the average daily salary. payment. Sep-21 Contract and Human Termination The calculation for the payment of Pay the Lunch break and Corrective action is being 2 Resources the applicable notice period does include it in the calculation of discussed with Korea office. not include the lunch break the average daily salary. payment. Sep-21 Contract and Human Employment Contracts The internal work rules do not cover Update the internal work rules Corrective action is being 2 Resources the break times, different to include the break time, discussed with Korea office. categories of workers and their workers’ wages, date and time wages, date and time for wage for wage payment. Have the payment. internal work rules approved by MAST. Sep-21 Compensation Social Security and The calculation for the payment of Pay the Lunch break and Corrective action is being 2 Other Benefits annual salary supplement or bonus include it in the calculation of discussed with Korea office. does not include the lunch break the average daily salary. payment. Sep-21 Compensation Social Security and The employer collect and forward Pay the Lunch break and Corrective action is being 2 Other Benefits workers’ contributions to OFATMA include it in the calculation of discussed with Korea office. on time. However, the amount the average daily salary. collected does not include the lunch break payment. Sep-21 Compensation Social Security and The employer contribution to Pay the Lunch break and Corrective action is being 2 Other Benefits OFATMA is calculated on the include it in the calculation of discussed with Korea office. average daily salary. However, the the average daily salary. calculation does not include the lunch break payment. [page 249] 249 Sep-21 Compensation Social Security and The employer collects and forwards Pay the Lunch break and Corrective action is being 2 Other Benefits workers’ contributions to ONA on a include it in the calculation of discussed with Korea office. monthly basis. However, the the average daily salary. amount collected does not include the lunch break payment. Sep-21 Compensation Social Security and The employer contribution to ONA Pay the Lunch break and Corrective action is being 2 Other Benefits is calculated on the average daily include it in the calculation of discussed with Korea office. salary. However, the calculation the average daily salary. does not include the lunch break payment. Management explained that they will make the changes as stipulated by law. Sep-21 Compensation Paid Leave The factory did not pay annual Pay the Lunch break and Corrective action is being 2 leave, Sick leave and the daily include it in the calculation of discussed with Korea office. break correctly. the average daily salary. Sep-21 Compensation Paid Leave The lunch breaks is not Pay the Lunch break and Corrective action is being 2 compensated in the payroll. include it in the calculation of discussed with Korea office. the average daily salary. Sep-21 Compensation Paid Leave Sick leave payments are not based Pay the Lunch break and Corrective action is being 2 on average daily earnings, because include it in the calculation of discussed with Korea office. the calculation does not include the the average daily salary. lunch break payment. Sep-21 Compensation Paid Leave The calculation for the payment of Pay the Lunch break and Corrective action is being 2 paid annual leave does not include include it in the calculation of discussed with Korea office. the lunch break payment. the average daily salary. Assessment October 2020- September 2019 Oct-20 Occupational Safety and Worker Protection Factory does not have appropriate Implement a checklist to record Health checklist to monitor the cleaning daily cleaning and disinfection and disinfection process related to Keep record in appropriate COVID 19. location. Oct-20 Occupational Safety and OSH Management The factory does not have an Develop à protocol that include Health Systems appropriate epidemic/pandemic a COVID-19 task force, hygiene protocol related to COVID-19 in procedures, entry and exit place. procedures and reporting Procedures. Sep-19 Working Time Leave Insufficient annual leave provided Ensure that workers enjoy the 15 Workers left factory December to workers. annual leave days. 20th 2019 and returned January 9th 2020. [page 250] 250 Sep-19 Occupational Safety and Emergency Obstructed Escape routes. Reinforce monitoring Fabrics were removed and Health Preparedness responsibilities with lines additional monitoring is being supervisors. done. Sep-19 Occupational Safety and Emergency Escape routes are not clearly Complete new lay out for floor Escapes routes are clearly marked. Health Preparedness marked. and follow up with adequate The escape routes have been re- marking of factory floor. painted. Sep-19 Occupational Safety and Emergency Obstructed fire extinguishers. Reinforce monitoring Health Preparedness responsibilities with line supervisors and OSH committee members. Sep-19 Occupational Safety and Health Services and Insufficient medical personnel. Hire the required medical staff. Health First Aid Sep-19 Occupational Safety and Welfare Facilities Insufficient number of toilet Increase the number of working Health according to the Haitian Labor toilets as per the Labor Code Code. Sep-19 Occupational Safety and Working Environment The level of lighting in the Replace bulbs on a regular Health workplace is unacceptable. schedule according to manufacturers instructions. Clean light fixtures regularly. Sep-19 Occupational Safety and Working Environment Noise levels are unacceptable in Provide adequate personal Measured noise level, it is below Health the workplace. protective equipment (PPE) 90 DB. that control the noise at the worker. Sep-19 Occupational Safety and Working Environment Workplace temperature exceed BW Ensure that the air-flow to and Health recommended limit of 30 C. from the fans is not blocked. Sep-19 Occupational Safety and Worker Protection Electrical panels was not properly Ensure electrical panel are Combustible material was Health maintained. without combustible materials removed from the electrical panel. and exposed wires. Sep-19 Occupational Safety and Worker Protection The employer did not provide foot Provide standing mats to all Health rests or shock absorbing mats to all standing workers. standing workers. Sep-19 Occupational Safety and Worker Protection Management did not provide Provide proper masks to all All necessary personal protective Health proper PPE to all workers. workers in the spot cleaning equipment have been purchased section, safety belts and proper and distributed as required cap to workers working at heights. Sep-19 Occupational Safety and Chemicals and Chemicals and hazardous Label all containers and dispose Health Hazardous Substances substances were not properly unused containers in a timely labelled in the workplace. manner. [page 251] 251 Sep-19 Contracts and Human Employment Contracts Temporary workers did not know Issue temporary contracts with Factory policy has been modified Resources their terms of employment. fully disclosed terms of to be in compliance. employment going forward to all temporary workers. Sep-19 Compensation Minimum Wages/Piece Management keep a separate Integrate temporary workers Temporary workers with time Rate Wages payroll for temporary workers who into punch system. Then, cards are linked directly to the are paid on a weekly basis. ensure that recorded working master payroll. hours flow into master payroll. [page 252] 252 BETTER WORK HAITI - 23RD SYNTHESIS REPORT Factory: The WILLBES Haitian III S.A Ç Location: Port-au-Prince Number of workers: 738 Date of registration: Sep-10 Date of last two Better Aug-19 Sep-21 Work assessments: Advisory and Training Services 21-Nov-21 Advisory meeting Meeting with management was on the lunch break payment. Factory is currently discussing about best to implement it. The discussion was also on the improvement plan. Meeting with PICC on latest concern regarding workers with disabilities. 21-May-21 Advisory meeting Meeting with management to discuss OSH improvements, the June notice from the government, latest complaints from trade unions. Bipartite committee meeting to discuss Covid 19 measures inside the factory. 21-Apr-21 Advisory meeting Meeting to discuss the roadmap and social benefit payment status. Meeting with the bipartite committee on OSH issues in the workplace and steps that management can take to monitor these issues. 21-Feb-21 Advisory meeting Meeting with management to discuss 2020 performance and roadmap for 2021. Bipartite committee meeting to discuss issues that needed immediate attention. 20-Nov-21 Advisory meeting Meeting with management to discuss dismissal of union member for disciplinary reasons. Bipartite committee meeting to discuss the successful actions taken by the committee. 20-Oct-21 Advisory meeting Discussions with management on the following issues: Updates on the improvement plan. Compensation issues. Union requests to meet with management. Meeting with the bipartite committee regarding challenges in the workplace. 10-Sep-21 Training Virtual Preventing and Addressing Sexual Harassment and Abuse COMPLIANCE ASSESSMENT COMPLIANCE CLUSTER POINT DETAILS OF NON COMPLIANCE IMPROVEMENT PRIORITIES REMEDIATION EFFORTS MONTHS Assessment September 2021 Sep-21 Working time Regular Hours Attendance records were not available Have a reliable attendance Facility will keep Attendance 3 for temporary workers. system for temporary workers to records for temporary record accurate working time. workers. Sep-21 Working time Regular Hours Pregnant workers are not allowed to Ensure that the pregnant Facility will ensure that all 3 take their additional breaks. workers can take their additional supervisors are aware the breaks. additional breaks for pregnant women. This break will be respected. Sep-21 Health Services and Insufficient number of medical staff. Have a number of nurse 109 First Aid compatible with the workforce. [page 253] 253 Sep-21 Occupational Safety and Welfare Facilities Factory has not conducted a water Conduct the water test on a 3 Health test on a monthly basis by a certified monthly basis. laboratory. Sep-21 Occupational Safety and Welfare Facilities Insufficient number of toilets for Have a sufficient number of T8 Health women. toilets for women. Sep-21 Occupational Safety and Working Environment The level of lighting was insufficient in Ensure that light level are 51 Health several sections. appropriate in all sections. Sep-21 Occupational Safety and Working Environment The temperature level exceeded 30C Keep the temperature level at 25 Health in several sections. or below 30C. Sep-21 Occupational Safety and Worker Protection The factory did not check all workers Check all workers and visitors Facility will check all workers 3 Health and visitors body temperature upon body temperature upon entry in and visitors body temperature entry in a systematic way. Factory a systematic way. Keep a upon entry in a systematic does not keep a registry for all persons registry for all persons who Way. who present a temperature of 38C present a temperature of 38C and above and above Sep-21 Occupational Safety and Worker Protection Social distance is not respected on the Ensure that the 1.5 meter of Facility will take the 3 Health floor in the preparation section, as well distance is respected in the appropriate measures to as during entry and leaving. preparation section as well respect workers’ physical and during entry and leaving. social distance. Sep-21 Occupational Safety and Worker Protection Exposed electrical wire in the boiler Perform proper maintenance on Issue was corrected Health room. the electrical installation on a immediately. Facility will regular basis. ensure to properly maintain all electrical installation. Sep-21 Occupational Safety and Worker Protection Shock absorbing mats were not Provide foot rest or shock All workers in standing 3 Health provided to all standing workers. absorbing mats to all standing position will be provided with workers. standing mats. Sep-21 Occupational Safety and Worker Protection Support belt were not provided to Provide support belt for workers Facility will provide support 25 Health workers doing heavy lifting work. doing heavy lifting work. belt for workers doing heavy lifting work. Sep-21 Occupational Safety and Chemicals and No eye wash station has been Install an eye wash facility inthe Facility has eye wash station 3 Health Hazardous installed in the mechanic workshop, mechanic shop, spot cleaning installed at the spot cleaning Substances spot cleaning area and chemical area and chemical warehouse room and the chemical warehouse where chemicals are used where chemicals are used and warehouse. The mechanic and stored. stored. shop does not yet have an eyewash station. Sep-21 Occupational Safety and Chemicals and Several hazardous chemicals were Ensure that all chemical have Facility will have MSDS 51 Health Hazardous found without chemical safety data their safety data sheets available for all chemical Substances sheets. available where they are used substances. and stored. [page 254] 254 Sep-21 Occupational Safety and Chemicals and One container of sewing oil and a box All chemicals must be properly Facility will label all chemical 44 Health Hazardous of detergent that were not properly labelled. substances properly. Substances labelled in the mechanic workshop. Sep-21 Occupational Safety and Chemicals and The inventory for chemical products is Ensure that the chemical Facility will include all 30 Health Hazardous not accurate. inventory includes all chemicals chemicals substances in the Substances used in the workplace. chemical inventory. Sep-21 Contract & Human Termination The annual salary supplement upon Include the lunch break Corrective action is being 3 Resource termination does not include the payment in the calculation of discussed with Korea office. lunch break payment. the annual salary supplement or bonus upon termination. Sep-21 Contract & Human Termination The annual leave upon termination Include the lunch break Corrective action is being 3 Resource does not include the lunch break payment in the calculation of discussed with Korea office payment. annual leave upon termination. Sep-21 Contract & Human Termination The applicable notice period payment Include the lunch break in the Corrective action is being 3 Resource does not include the lunch break calculation of the notice period discussed with Korea office. payment. payment. Sep-21 Contract & Human Employment The internal work rules do not cover Specify terms and conditions for Corrective action is being 3 Resource Contracts the break times, different categories of the different categories of discussed with Korea office workers and their wages, date and workers in the internal work time for wage payment. rules. Sep-21 Contract & Human Employment The written employment contracts do Specify the hours of work and Facility will specify hours of 3 Resource Contracts not specify the hours of work andthe the nature of the work to be work and nature of the work nature of the work to be performed as performed in the employment to be performed in the required by law. contracts. employment contracts. Sep-21 Compensation Social Security and The annual salary supplement or Include the lunch break Corrective action is being 3 Other Benefits bonus does not include the lunch payment in the calculation of discussed with Korea office break payment. the annual salary supplement or bonus. Sep-21 Compensation Social Security and The amount collected as workers" Pay OFATMA contribution on Corrective action is being 3 Other Benefits contributions to OFATMA is made late time and include the lunch discussed with Korea office. and does not include the lunch break break payment in the payment. calculation. Sep-21 Compensation Social Security and The employer contribution to Pay OFATMA contribution on Corrective action is being 3 Other Benefits OFATMA is made late and does not time and include the lunch discussed with Korea office include the lunch break payment. break payment in the calculation. [page 255] 255 Sep-21 Compensation Social Security and The amount collected as workers" Pay ONA contribution on time Corrective action is being 3 Other Benefits contributions to ONA does not and include the lunch break discussed with Korea office. include the lunch break payment. payment in the calculation. Sep-21 Compensation Social Security and The employer contribution to ONA Pay ONA contribution on time Corrective action is being 3 Other Benefits does not include the lunch break and include the lunch break discussed with Korea office payment. payment in the calculation Sep-21 Compensation Paid Leave The factory did not pay annual leave, Pay the lunch break. Corrective action is being 3 Sick leave and the daily break discussed with Korea office. correctly. Sep-21 Compensation Paid Leave Lunch break is not compensated in Pay the lunch break. Corrective action is being 3 the payroll discussed with Korea office Sep-21 Compensation Paid Leave Sick leave payment does not include Include lunch break payment in Corrective action is being 3 the lunch break payment. the calculation of the sick leave discussed with Korea office. payment. Sep-21 Compensation Paid Leave Annual leave payment does not Include the lunch break in the Corrective action is being 3 include the lunch break payment. annual leave payment. discussed with Korea office Sep-21 Compensation Wage Information, The factory does not have an accurate The payroll form for the Facility will ensure to have a 3 Use and Deduction payroll for temporary workers. temporary workers should payroll form for the include all necessary temporary workers that information such as hours includes all necessary worked and overtime. information such as hours worked and overtime. Sep-21 Compensation Minimum No time record was available for Keep a time record system for Facility will keep time records 3 Wages/Piece Rate temporary workers. temporary workers. for temporary workers. Wages Sep-21 Child Labour Documentation and Three employment records were Include an identification card in 3 Protection of Young missing their identification cards or all worker's file to prove that are Workers birth certificate. above age minimum. Assessment October 2020- August 2019 Oct-20 Occupational Safety and OSH management The factory does not have an Develop an adequate COVID 19 Factory will review the 8 Health system adequate COVID 19 protocol that protocol with all the relevant protocol accordingly. includes all the relevant elements. In elements as per Better Work addition, the existing protocol is Haiti's guidelines. Translate the written in Spanish. protocol in local language. Aug-19 Occupational Safety and Chemicals and The inventory for chemical products is Ensure that the chemical Chemical inventory was 27 Health Hazardous not accurate. inventory include all chemicals properly updated. All Substances used in the workplace. chemical products were included in the chemical inventory. [page 256] 256 Aug-19 Occupational Safety and Chemicals and Unidentified bottle containing Identify all containers of All chemical containers were 41 Health Hazardous machine oil. chemical products used in the properly labelled in local Substances workplace. language. Aug-19 Occupational Safety and Chemicals and Gallons containing diesel fuel were Store the chemical in a more Gallon of diesel fuel was 15 Health Hazardous being stored in the generator room. appropriate place removed from the generator Substances room. All chemical substances area stored at the chemical warehouse Aug-19 Occupational Safety and Chemicals and Material Safety Data Sheets (MSDS) Keep complete and accurate MSDS for compressor oil and 58 Health Hazardous were missing for compressor oil and MSDS for all chemicals used in machine oil were posted at Substances engine oil. the workplace. the required places. Aug-19 Occupational Safety and Worker Protection Workers are not using available Provide gloves where required. Workers were advised to 22 Health personal protective equipment. Train workers on the use properly use their PPE when personal protective equipment. performing their duties. HR Manager will monitor their usage on a daily basis Aug-19 Occupational Safety and Worker Protection Electrical panel does not have the Post proper warning signs on all Floor marking was already 4 Health proper warning signs. electrical panels. painted. Aug-19 Occupational Safety and Working Environment The temperature level exceeded 30C Keep the temperature level at 22 Health in several sections. or below 30C. Aug-19 Occupational Safety and Working Environment The level of lighting was insufficient in Ensure the light level is 48 Health several sections. appropriate in all working sections. Aug-19 Occupational Safety and Welfare Facilities Insufficient number of toilets for Increase the number of toilets LE Health women. for the female workforce. Aug-19 Occupational Safety and Health Services and Factory does not provide systematic Follow up with OFATMA to Factory paid the health card 22 Health First Aid annual health checks to all workers. perform the annual checks. (CDS)for all the workers and follows up with OFATMA for the medical checks. Factory provides itself medical checks to the workers. Aug-19 Occupational Safety and Health Services and Insufficient number of nurses. Hire two more nurses 16 Health First Aid Aug-19 Occupational Safety and Emergency Undercharged and improperly Maintain the fire extinguishers Facility took immediate 34 Health Preparedness mounted fire extinguishers. regularly. action about this issue. Three fires extinguishers were properly charged and mounted. [page 257] 257 BETTER WORK HAITI - 23RD SYNTHESIS REPORT Factory: The Willbes Haitian S.A (HT - Print Shop) ‘= Location: Port-au-Prince Number of workers: 46 Date of registration: Feb-18 Date of last two Better Jul-19 Sep-21 Work assessments: Advisory and Training Services 17-Nov-21 Bipartite Committee Meeting Virtual meeting with the bipartite committee to present the last assessment report. 17-Nov-21 Virtual advisory meeting Virtual meeting with the compliance team to update the improvement plan and identify the root causes. Follow up on annual leave and boni calculation. Virtual OSH tour to validate pending issues: Emergency Preparedness and chemicals management. 12-Aug-21 Virtual advisory meeting Virtual meeting with the compliance team on HR management systems. 29-Jul-21 Training Virtual training on Risk Management. 28-May-21 Virtual advisory meeting Virtual OSH tour: emergency preparedness, Health services and first aid. Review pending issues in the improvement plan. Documentation reviews : OSH self assessment, training records, accident investigation procedure, risk assessment procedure and risk register. 28-May-21 Bipartite Committee Meeting To present the role of the committee in raising workers’ awareness to COVID-19. 20-May-21 Training Virtual Industry Seminar on Chemical Management System. 19-May-21 Training Virtual Industry seminar on Workplace Cooperation and Communication. 28-Apr-21 Training Virtual OSH Event Workshop. 28-Apr-21 Bipartite Committee Meeting Meeting to discuss how the factory can improve the working environment, identify training needs for the employees. 22-Apr-21 Training Virtual training on Sexual Harassment Awareness and Prevention. 20-Apr-21 Training Virtual training on Occupational Safety and Health(OSH). 12-Apr-21 Virtual advisory meeting Virtual OSH tour on emergency preparedness and worker protection. Documentation review: Internal regulations, COVID 19 procedure, ONA payment, lunch break, Annual leave and annual leave upon termination. 30-Mar-21 Bipartite Committee Meeting Induction for new employees on rules of hygiene, maintaining cleanliness in the toilet, Procedure for obtaining the ONA and OFATMA card. 3-Mar-21 Training Virtual training on Covid-19 Emergency Preparedness 27-Feb-21 Bipartite Committee Meeting Training on personal protective equipment, debriefing and suggestion to verify if all PPE are available in the workplace. 28-Jan-21 Bipartite Committee Meeting Review of accomplishments for the year 2020 and set new goals for the year 2021 such as more training for the committee, Help workers understand the factory procedures and develop an effective communication with workers. 8-Dec-20 Virtual advisory meeting Virtual meeting to present a template on worker Perception survey, review the following documents: COVID 19 Policy, Grievance mechanism, Annual leave and boni, Job description for OSH officer and OSH performance indicators. 8-Dec-20 Virtual advisory meeting Virtual OSH tour to verify the improvements that have been made. Meeting with the compliance team to review the pending documents from the last meeting. Verify the Internal work rules, training records for Fire extinguisher and First Aid and the last evacuation Drill. Explain how to elaborate the OSH performance indicators. 27-Nov-20 Bipartite Committee Meeting Meeting to analyze the procedures in place for Covid- 19 and set goals for the new year. [page 258] 258 | ASSESSMENT COMPLIANCE CLUSTER COMPLIANCE POINT DETAILS OF NON COMPLIANCE PORT REMEDIATION EFFORTS MONTHS Assessment September 2021 Sep-21 Working Time Leave Attendance records and interview Provide at least 15 days of 28 revealed that workers were provided less annual leave to workers after 1 than 15 days of annual leave after 1 year year of service. of service. Sep-21 Working Time Regular Hours The regular working hours is equivalent to Revise the internal regulations 2 9 hours per day and 54 hours per week and make sure that the for the day shift. regular hours do not exceed 48 hours per week. Sep-21 Occupational Safety and Health Emergency Preparedness The factory has not conducted a fire drill Conduct at least one One fire Drill has been 2 in 2021 and the last fire drill was emergency drill every 6 conducted on September 24, conducted in November 2020. months including full 2021 and records are kept. evacuation of the workforce. Sep-21 Occupational Safety and Health Emergency Preparedness Escape routes in the packing area are Remind supervisors about Management has identified 2 obstructed by boxes and tables. their responsibility to enforce an additional space to store OSH in their area. Specify who the trolley and boxes. A conduct daily checks (and training on emergency include this in the system of preparedness has been daily /weekly checks). conducted. Sep-21 Occupational Safety and Health Emergency Preparedness One extinguisher was missing the Develop a SOP for the 40 inspection tag, one was overcharged and verification of Fire another one was obstructed. extinguisher. Provide additional training to workers and supervisors. Sep-21 Occupational Safety and Health Health Services and First Aid Medical staff is not available forthe night Hire additional medical staff 40 shift. for the night shift. Sep-21 Occupational Safety and Health Welfare Facilities The water provided to the workers is not Conduct the water test on a 2 being tested monthly basis on a monthly basis. Update the OSH policy Sep-21 Occupational Safety and Health Working Environment Workplace temperature exceed 30 C Increase the ventilation with 40 additional fans. Conduct regular measurement of temperature & compare with threshold value Sep-21 Occupational Safety and Health Worker Protection The factory does not keep a registry for all Keep a registry for all persons The register has been revised 2 persons who present temperature of 38 C who present a temperature of and updated for all persons and above. 38 C and above. Who present a temperature of 38 C and above. [page 259] 259 Sep-21 Occupational Safety and Health Worker Protection One long electrical wire is on the floor Train supervisors and workers The electrical cable has been 28 obstructing several aisles and creating a about electrical hazards & the removed. tripping hazard. need to report hazards for reparation. Sep-21 Occupational Safety and Health Worker Protection No support belts have been provided to Define staff in charge of 28 workers doing heavy lifting work. providing and renewing the PPESs. Provide employees With all necessary personal protective clothing and equipment according to PPE regulation. Sep-21 Occupational Safety and Health Chemicals and Hazardous Eyewash station was not available in the Provide eye washing station 2 Substances maintenance room where chemical or eye wash bottles. Train products were stored and used. workers on its use or display the operating procedure in local language. Sep-21 Occupational Safety and Health Chemicals and Hazardous Assessors observed a storage area, near Ensure all chemicals and 2 Substances the toilets, where a chemical was stored hazardous substances used in that was not adequately ventilated. the factory are stored properly. Sep-21 Occupational Safety and Health Chemicals and Hazardous Assessors observed one unidentified Properly label chemicals and The label has been 2 Substances container of a chemical product in the hazardous substances. translated in local language generator room and several containers are Specify who conducts regular and the container has been labelled in Spanish and not in a local checks on chemical safety. identified. language. Sep-21 Occupational Safety and Health Chemicals and Hazardous The inventory of chemicals is inaccurate Assign responsible persons for The location of each product 44 Substances andit is written in Spanish. updating inventories of has been identified in the hazardous substances in the inventory. various locations where they are stored or used. Sep-21 Contracts and Human Resources Termination The employers pays workers their annual : Pay the lunch break and The discussions took place 2 salary supplement upon termination. Include the payment in the With the General Manager. However, the calculation of the average calculation of annual salary salary does not include the lunch break supplement upon payment. termination. Sep-21 Contracts and Human Resources Termination The employer compensates workers for Include the lunch break The discussions took place 2 unused paid annual leave upon payment in annual leave With the General Manager. termination. However, the calculation of upon termination. the basic salary does not include the lunch break payment. [page 260] 260 Sep-21 Contracts and Human Resources Termination The calculation of the average earning for Include the lunch break The discussions took place 2 notice of termination does not include payment in the calculation of with the General Manager. the lunch break payment. notice period. Sep-21 Contracts and Human Resources Employment Contracts The written contract does not specify Revise and amend the 2 any information about the night shift. employment contract. Sep-21 Compensation Wage Information, Use and Payment of annual salary supplement or Ensure that workers’ salary The discussions on legal 2 Deduction bonus does not supplement include the lunch requirements took place with include the lunch break payment. break payment. the General Manager. Sep-21 Compensation Social Security and Other Workers' contribution to OFATMA does Include the lunch break The discussions took place 2 Benefits not include the lunch break payment. payment in workers’ With the General Manager. contribution to OFATMA. Sep-21 Compensation Social Security and Other The employer contribution to OFATMA Include the lunch break in the The discussions took place 2 Benefits does not include the lunch break contribution to OFATMA. With the General Manager. payment. Sep-21 Compensation Social Security and Other The employer collects and forwards Discuss legal requirements The discussions took place 2 Benefits workers’ contribution to ONA within the with the General Manager With the General Manager. time limits provided by the law. However, _ Include the lunch break the calculation does not include the lunch payment in the contribution break payment. sent to ONA Sep-21 Compensation Social Security and Other The employer pays the required Include the lunch break The discussions took place 2 Benefits contribution to ONA. However, the payment in the contribution With the General Manager. calculation of the basic salary does not sent to ONA. include the lunch break payment. Sep-21 Compensation Paid Leave The factory did not pay annual leave Pay the lunch break and The discussions took place 2 correctly as the lunch breaks is not include it in the calculation of with the General Manager. included. annual leave payment. Sep-21 Compensation Paid Leave The lunch breaks is not compensated in Discuss legal requirements The discussions took place 2 the payroll. With the General Manager With the General Manager. Pay the lunch break. Sep-21 Compensation Paid Leave Eligible workers are not correctly paid for Pay the lunch break and The discussions took place 2 sick leave. include it in the calculation of with the General Manager. sick leave. Sep-21 Compensation Paid Leave The employer does not pay workers Pay the lunch break and The discussions took place 2 properly for annual leave. include it in the calculation of with the General Manager annual leave. [page 261] 261 Assessment October 2020-July 2019 Oct-20 Occupational Safety and Health Worker Protection Factory does not have appropriate Develop a checklist to record 8 checklist to monitor the cleaning and daily cleaning and disinfection process related to COVID 19. disinfection Keep record in appropriate location. Oct-20 Occupational Safety and Health OSH Management Systems The factory does not have an appropriate Develop a protocol that A protocol on COVID 19 has 8 epidemic/pandemic protocol related to include a COVID-19 task been developed. COVID-19 in place. force, hygiene procedures, entry and exit procedures and reporting Procedures. Jul-19 Working Time Leave The factory provided 13 days of annual Provide workers the required Factory ensured that the 22 leave to workers with 1 year of service time for annual leave. workers could benefit 15 instead of 15 days. consecutive days in 2019. Jul-19 Occupational Safety and Health Emergency Preparedness Undercharged fire extinguishers. Keep all fire extinguishers À maintenance company has 34 properly maintained and been contracted for the unobstructed. monthly inspection Jul-19 Occupational Safety and Health Emergency Preparedness Smoke detectors have not been installed Install a fire detection and The facility has purchased 22 where flammable materials are stored. alarm system where fire detectors and placed chemicals are used and them at their respective stored. place. Jul-19 Occupational Safety and Health Health Services and First Aid Medical staff is not available for the night Hire the required medical 34 shift staff. Jul-19 Occupational Safety and Health Working Environment Workplace temperature exceed 30 c in all Ensure that the air-flow to 34 section. and from the fans is not blocked. Jul-19 Occupational Safety and Health Worker Protection Electrical wires and outlet are not properly Insulate the exposed electrical The wires are installed 22 maintainedl. wires and install cover on all through pipeline to prevent electrical outlets. contact with people, cover have been placed to breakers An A autos Jul-19 Occupational Safety and Health Worker Protection The proper masks are not provided to Provide proper masks to Workers have been trained 22 workers. workers. and received the proper PPE. Jul-19 Occupational Safety and Health OSH Management Systems The inventory of chemicals and Assign a person responsible The facility has assigned a 38 hazardous products does not specify the for updating inventories of person responsible for approximate amounts in storage. hazardous substances in the updating the inventories of various locations where they hazardous substances in are stored or used. various location where chemical are stored. [page 262] As à partnership between the International Labor Organization and the International Finance Corporation, a member of the World Bank Group, Better Work brings together various groups - governments, global brands, plant owners, trade unions and workers - to improve Work in apparel industry and make the sector more competitive. CORE DONORS TO BETTER WORK Netherlands Ministry of Foreign Affairs Swiss State Secretariat for Economics Affairs Ministry of Foreign Affairs of Denmark The Government of Australia Represented by the Department of Foreign Affairs and Trade (DFAT) The US Department of Labor Funding is also provided by DFID, Government of France, Government of Canada, Irish Aid, GMAC, Royal Government of Cambodia and private sector donors,including The Walt Disney Company, Levi Strauss Foundation, Gap Inc. and FUNG (1937) Management Ltd [page 263] [page 264] Fr SN 0) ST GIFC International DE Labour Corporation Organization WORLD BANK GROUP