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Better Work Ayiti: 24yèm Rapò Sentèz sou Konfòmite

Better Work Ayiti: 24yèm Rapò Sentèz sou Konfòmite

Better Work 2022 275 paj
Rezime — Sa se 24èm rapò sentèz sou konfòmite anba lejislayson HOPE an Ayiti, ki kouvri Me 2021 rive Jen 2022. Li bay detay sou konfòmite faktori rad ki ekspòte nan mache Ameriken an avèk estanda entènasyonal debaz travay ak lwa travay Ayisyen an, jan Better Work Ayiti evalye.
Dekouve Enpotan
Deskripsyon Konple

Rapò sa a, ki se 24èm nan jan li ye a, li sentetize done konfòmite ki soti nan faktori rad Ayisyen k ap patisipe nan pwogram Better Work anba lejislayson HOPE la. Li evalye aderans faktori yo ak estanda entènasyonal debaz travay ak lwa travay nasyonal Ayisyen an, li konsantre sou domèn tankou libète asosyasyon, travay timoun, travay fòse, diskriminasyon, konpansasyon, sekirite ak sante okipasyonèl, kontra, ak tan travay. Rapò a mete aksan sou aktivite kle pwogram Better Work la, tankou sesyon fòmasyon, sèvis konsiltasyon, ak kolaborasyon avèk moun ki gen enterè nan gouvènman an pou amelyore kondisyon travay ak compétitivité nan endistri tekstil Ayiti a. Li abòde tou enpak enstabilite politik, defi ekonomik, ak pwoblèm sosyal sou sektè a.

Sekte
Jewografi
Peryod Kouvri
2021 — 2022
Teks Konple Dokiman an

Teks ki soti nan dokiman orijinal la pou endeksasyon.

[page 1] BetterWork 24th Compliance Synthesis Repc Under the Hope Legislati Ha: 0) O© oc Pen ten [page 2] 1 BETTER WORK HAITI - 24TH COMPLIANCE SYNTHESIS REPORT -JUNE 2022 L Copyright © International Labour Organization (ILO) and International Finance Corpora- tion (IFC) (2022) First published (2022) ILO publications benefit from copyright under Protocol 2 of the Universal Copyright Convention. However, their short excerpts 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-1211 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 Haïti: apparel industry 24rd biannual synthesis report under the HOPE Il legislation / International Labour Office; International Finance Corporation. - Geneva: ILO, 2022 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 of its frontiers. The responsibility for opinions expressed in signed articles, studies, and other contributions rests solely with their authors, and publication does not constitute an endorsement by the IFC or ILO of the opinions expressed in them. Reference to names of firms and commercial products and processes does not imply their endorsement by the IFC or ILO. Any failure to mention a particular firm, commercial product, or process is not a sign of disapproval. ILO publications can be obtained through major booksellers or ILO local offices in many countries or direct from ILO Publications, International Labour Office, CH-1211 Geneva 22, and Switzerland. Catalogs or lists of new publications are available free of charge from the above address or by email: pubvente@ilo.org Visit our website: www.betterwork.org [page 3] 2 BETTER WORK HAITI - 24TH COMPLIANCE SYNTHESIS REPORT -JUNE 2022 L e e 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 Haiti 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. 92% percent of the program's total costs in 2023 were funded by Federal funds, for a total of USD 14,537,735. This material does not necessarily reflect the United States Department of Labor's views or policies, nor does mention of trade names, commercial products, or organizations imply endorsement by the United States Government. S T OZ > ê © S # = F 2 = EN 7 741 ES OÙ [page 4] Table of Contents Acknowledgments/Disclaimer eseseeeennnrnnerneneneserenenenesesseee 2 RC Section I: Introduction and Context............eeeeeeenenenenenennenneesse 7 11 Background... sienne 7 1.2 Haïti Apparel Industry at a glance in numbers... Section III: Highlights of the reporting period December 2021-June 2022... 11 Country CONTEXT... Î Section IV: Compliance situation in the Haitian garment industry..…........................14 Section V: Core labor standards non-compliance findings of the reporting period (April 2021 - November 2021).......eeeeneneernenenneerererrces 2O Section VI: Better Work key activities during the reporting period …...................... 23 FEactories in Detaili..........…sssssssossossossoss.oe.e..00..00..001.002.002.002.00..00..00- 22002 À) List of Factories inner 29 Findings from the Factories sie À] Annex 1: The TAICNAR Project and Reporting Requirements under the HOPE I Legislation..…........sssssseosennsensoensesensosensosessesesssosesscosenscosses BB Annex 2. Better Work’s Service Delivery Model ss 36 Annex 3. The Better Work Compliance Assessment Methodology... 39 Better Work Compliance Assessment Framework... 239 Calculating Non-Compliance & Public Reporting... ss 47 Limitations in the Assessment Process... 47 Annex A NEACIor es FINAINES rss srsssscsssssssssssessssssssseessss sens sesess ses s seen ss seen ees ss esse [page 5] 4 BETTER WORK HAITI - 24TH COMPLIANCE SYNTHESIS REPORT -JUNE 2022 L e List of Acronyms ADIH Association des Industries d'Haïti (Haïtian 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 for the 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 Haiïtian Hemispheric 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, Haiti PIC Parc Industriel de Caracol (Industrial Park of Caracol) PICC Performance Improvement Consultative Committee [page 6] 5 BETTER WORK HAITI - 24TH COMPLIANCE SYNTHESIS REPORT -JUNE 2022 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] Si sol ST die te | NA Fi \ ss. À) PR | » 2 "3 À Î ii = D \ D [page 8] 7 BETTER WORK HAITI - 24TH COMPLIANCE SYNTHESIS REPORT -JUNE 2022 L Section l: Introduction and Context 1.1 BACKGROUND Better Work - à 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 Haïti in June 2009 as part of the global Better Work program with country operations in Bangladesh, Cambodia, Ethiopia, Egypt, Haïti, Indonesia, Jordan, Nicaragua, and Vietnam. Better Work is mainly operating in the apparel and footwear industry in the countries it is operates. In Haiti, the program is mandatory for all apparel producers exporting their products to the US market under the HOPE Il legislation. The HOPE Il law requires that Haiti, in cooperation with the ILO, establishes a Technical Assistance Improvement and Compliance Needs Assessment and Remediation Program (TAICNAR), which (i) assesses Haitian apparel factories exporting under the HOPE II law on compliance with international core labor standards and national Haïtian labor law, (ii) assists these factories on their remediation efforts and (ii) provides capacity building to the Government of Haïti 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 Il 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-fourth report under the HOPE legislation to be published in April 2022 and delayed publication to July 2022; due to unforeseen circumstances, it is being published late this year. Detailed enterprise-level data of compliance performance as required by the HOPE Il legislation is included in the factory tables in the section called “factory tables.” The two components of the HOPE Il TAICNAR program aim to strengthen the labor compliance of Haiti's industry. 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 - 24TH COMPLIANCE SYNTHESIS REPORT -JUNE 2022 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 primarilÿ on non-compliance identifications made by the U.S. Department of Labor (USDOL). While Better Work Haïti reports are consulted as USDOL carries out its mandate to implement HOPE Il, Better Work Haïti's non-compliance findings cannot, on their own, serve to impact preferential treatment under the HOPE Act. Better Work Haiti has been implementing the first component of the TAICNAR program from 2009 until 2017, while other ILO projects, 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 Haïti 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 a 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] Le" 4 | + : — | L L* EE EE L ed à & 'l Lu Pl 7 . a” æ » 4 pe. "] 1.2 Hait s cal h Indu _"8 | an w + Fa numbers < 0, 7 À D "# er », / » ji à 1 Li LI D. 7 TON Se f x NW à FACTORIES f WORKERS EMPLOYED Ù INDUSTRIALZONES 4 THE PROGRAMME ré (63% WOMEN) HOSTING 90% és / OF TEXTILE f. fl x \ Vé APPAREL EXPORTS V4 6 FPNESAE \ IN USD MILLIONS (83% VA RETAILERS ; w OF NATIONAL A 4 X & EXPORTS) F G> ‘ ei NE =) ACTIVE WORKERS’ INDUSTRY ORGANIZATIONS COMPLIANCE à @> REPORTS BETTER WORK YEARS IN HAITI HAITI STAFF - SINCE 2009 [page 11] 10 BETTER WORK HAITI - 24TH COMPLIANCE SYNTHESIS REPORT -JUNE 2022 L Better Work Haïti continues to work with industry stakeholders, namely the workers’ and employers’ organizations and the government representatives, to not only safeguard jobs in the textile and apparel sector but also to multiply them through increased productivity and demands from international buyers. Better Work Haiti continues to engage with international buyers to address the issues that concern them and the Haiïtian textile sector. The discussions around the renewal of the HOPE Law have given all actors an added incentive to work together to address the many non-compliance issues that may affect the sector’s growth and productivity. The non-compliances related to social security have been a key point in the discussions for the renewal of the HOPE law. According to the data published by the US Department of Commerce Office of Textiles and Apparel (OTEXA), the Haitian textile industry exported USD 433,553 million worth of products to the United States for the first five months of 2022, as compared to USD 376,715 million from January 2021 to May 2021, representing an increase of 15.09 percent. This reporting period shows 58,571 jobs in the sector, compared to 53,410 during the last reporting period. Building on the strong partnerships Better Work has developed with the government, global brands, employers, and unions, over the next 11 years, the program will play a central role in realizing the full potential of the HOPE 11 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) * 36 brand and retail partners [page 12] 11 BETTER WORK HAITI - 24TH COMPLIANCE SYNTHESIS REPORT -JUNE 2022 L Section IIl: Highlights of the reporting period May 21-June 2022 COUNTRY CONTEXT Political uncertainty remains a constant factor in Haïti, despite several rounds of discussions between government representatives and civil society opposition members. Although there have been several accords between members of civil society, including the latest one between the Montana Group and the Protocole D’entente Nationale (PEN) in January, there has not been any decision on à transitional government to replace the current prime minister. In fact, during a ministerial-level meeting convened by Canada in January to coordinate international partners’ support for Haïti, Prime Minister Ariel Henry reiterated the need for inclusive dialogue . He said that his government would continue to work toward the hold of free democratic elections, despite claims that 7 February would mark the end of his government’s term. Meanwhile, the government continues to operate and has nominated several new members in its cabinet, including a new Minister of Social Affairs and Labor (MAST), a new Director for OFATMA and a new Ombudsperson for the textile sector. The government has also increased the daily minimum wage, following a series of weekly strikes that had paralyzed activities in several parts of the country, including in the textile sector. Since February, the new minimum wage in the textile sector is 685 Gourdes per working day. Although workers welcome this increase they still feel that it is not enough to cover their needs, given the high rate of inflation that has increased the cost of basic products. Workers' representatives had wanted to increase to approximately 1400 Gourdes per dayl. Amid the difficulties, in October 2021, the new Director of the Société National des Parcs Industriels (SONAPI) announced the start of sewing classes for 100 young people at the Caracol Industrial Park. Indeed, after a long period of hiatus, the Clothing Technology Training Center (CFTV) has resumed its activities at the Caracol Industrial Park (PIC), always with the objective of serving companies in the Northeast in terms of qualified human T https://haitiantimes.com/2022/02/10/factory-workers-strike-for-better-wages-in-port-au-prince-want- usd-14-daily/ [page 13] 12 BETTER WORK HAITI - 24TH COMPLIANCE SYNTHESIS REPORT -JUNE 2022 L resources. These young people are already in the sights of the S&H Global Company, which intends to integrate them into an immediate hiring process. During this reporting period, the fuel crisis that had started since the last reporting period continues to impact business and life in general in Haiti. Several of the factories in the textile sector had difficulties operating due to shortages of raw materials, caused by the disruption in transportation. Gang violence continues to be a major concern for all sectors in Haïti. Gang violence and armed attacks against the population have surged, despite the Haitian National Police (HNP) efforts to curb crimes. Inter-gang clashes have caused the displacement of people in several areas of Port-au-Prince. Killings and kidnapping have become part of the daily life of the people living in Haïti, particularly in the Port-au-Prince area. On the economic front, the value of the Haïtian Gourdes compared to the US dollar continues to decrease. In July 2022, the Central Bank of Haitis (Banque de la Republique d'Haiti) reference rate for exchange, was 114.54 Gourdes for one US dollar. However, the actual exchange rate at the local banks is usually higher, around 121 gourdes for 1 US dollar. In addition, there is still a scarcity of US dollars in the official market. This affects employers who need to make payments in US dollars, for ordered goods. Workers often complain to Better Work Haiti advisors that their purchasing power has significantly decreased. They feel that the increase in their daily wages is not nearlÿ enough to help them meet their basic needs. Labor Roundtable Conference Towards à thriving, Inclusive, and Sustainable Garment and Textiles Sector in Haïti On May 24 and 25 2022, stakeholders from the governments of Haiti and the United States, global brands, manufacturers, worker unions, and the International Labour Organization (ILO) and the International Finance Corporation (IFC) gathered for the first time in two years. During this two-day conference which took place at the CODEVI Industrial Park, they discussed the extreme challenges that have affected the Haitian garment industry’s health and workforce: the impact the COVID-19 pandemic had on the sector, socio-political instability, and labour strikes - and they shared a roadmap for the future. The billion-dollar industry accounts for 83% of export revenue and employs almost 60,000 Haitian workers, many of whom have reported food insecurity and personal safety concerns over the last two years. Better Work Haiti along with worker organizations, the employer organizations and the government stakeholders create this unique opportunity to facilitate constructive dialogue, allow constituents to exchange views on policies and actions needed to address [page 14] 13 BETTER WORK HAITI - 24TH COMPLIANCE SYNTHESIS REPORT -JUNE 2022 L decent work challenges and potentials and jointly discuss à short and long-term development plan to face challenges that obstruct the progress and the sustainability of the Haiïitian garment sector. Discussions emphasized on the recovery of the industry; thriving manufacturing jobs that have been boosted by the extension of the Haitian Hemisphere Opportunity through Partnership Encouragement (HOPE) and the Haitian Economic Lift Program (HELP) Acts for x years in mon-year. Stakeholders’ top-shared priorities cited focused on improving conditions for a vulnerable workforce affected by financial insecurity; strengthening institutions of social dialogue and freedom of association; and the outlook for sustainable improvement of the sector. The United States Department of Labor (USDOL) has been key in supporting Haiti in implementing the various aspects of the HOPE and HOPE II Legislation. Stakeholders signed a joint “Call to Action” statement outlining priorities for the role of both unions and employers and laying out the financial impacts and immediate needs of both workers and employers in the pandemic recovery period. The resolutions adopted at this conference will follow the priorities that stakeholders set out, including achieving a higher level of factory compliance to become a more competitive sourcing country and attract more buyers; creating more decent jobs across several industrial parks; introducing a range of social services, and engaging closely with partners for pandemic recovery and sustainable development. [page 15] 14 BETTER WORK HAITI - 24TH COMPLIANCE SYNTHESIS REPORT -JUNE 2022 L Section IV: Compliance situation in the Haïitian garment industry The overall trend of non-compliances in the Haïitian garment industry This section presents an overview of the non-compliance findings in 28 participating factories, which were assessed at least twice by May 2022. The overall non-compliance rate is calculated based on the total number of factories that have at least one compliance question which caused them to be non-compliant for the cluster. Thus, while the total number of factories that are non-compliant in the cluster may be high, it does not mean that each of these factories are non-compliant for all the questions in a particular cluster. Better Work Haiti conducted hybrid as well as in-person services 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 supported them remotely. The factories’ improvement plans were verified either in person during factory visits or virtually through requests for documentation during advisory services and conversations with bipartite committee members, including workers and management. The charts belowpresent non-compliance findings for the 28 assessed factories during the reporting period, showing non-compliance rates in brackets. Please note that these reports are issued biannually, yet assessments are done annually, so issues are reported in two consecutive reports. The highest non-compliance rates in the industry were in occupational safety and health (OSH) meaning that almost every factory had at least one violation under Emergency Preparedness and Chemicals and Hazardous substances (both at 96% non-compliance rates). Persistent non-compliance issues in compensation, particularly in relation to paid leave, remains a major concerns for both worker representatives and employer representatives, as expressed during the 2022 labor roundtable conference. Most of these non-compliance point are related to the payment of the lunch break, which according to the law is an integral part of the work day. However, workers and employers’ both have concerns about the application of this law. They fear that some advantages that were previously acquired may be lost, if the law is applied as intended. [page 16] ET DE | L ner à LI …- “ L ! . - à - en à compliance 4 os e . rment industry ee. | < ; LR - 1 | [as \ | 0 XV | | 96% A 1 ÆE {#7 1 | DA Non-compliance on emergency preparedness Non-compliance on chemical and remains high. Under this cluster, non- hazardous substance management compliances on having adequate fire-fighting remains high. The non-compliance on equipment decreased slightly from 74% to 71% storing the chemicals properly has since the last reporting period, and factories decreased from 22% to 14%, but 79% of have shown minor improvement in keeping factories were found non-compliant on emergency exits accessible, unobstructed, and properly labeling them. unlocked during working hours (71%). However, these are important challenges to be addressed. Lo) 100% 43% Non-compliance on social security and other The highest non-compliance point in the benefits remains high at 100%. However, as in Employment contracts cluster is 43% and the compensation cluster, the non-comance it is related to the questions about point is generally related to the non-payment internal work rules. While most factories of the lunch break, which is not included in the have a document outlining their internal calculation of the average daily salary work rules, this documents is sometimes not approved by the Ministry of Labor, as required by law. [page 17] During this reporting period, Better Work Haiti noted two new allegations on core labor standards violations during assessments. Both cases fall under Forced labor, specifically related to coercion and they occurred at two sister factories in the same industrial park. During the assessment process, Better Work advisors interviewed workers and representatives of management to better understand the allegations and their root causes. The factory provided documents and an explanation for the decisions that led to these allegations. 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. However, when compared to the last reporting period, there has been some inmprovement in many of the specific compliance questions that make up the OSH cluster. For example, there continues to be some decrease in the level of non-compliance for the proper storage of chemicals, form 22% to 14%, as well as the question related the adequate washing and cleansing facility in the event of exposure to chemicals. For this question, the level of non-compliance decreased from 70% to 61%. There are other areas such as the accurate inventory of chemical products that show a minor increase in the rate of non- compliance, from 78% to 79%. The non-compliance rate for the question related to the availability of materials safety data sheets remains high. The non-compliance rate for the monitoring and prevention of workers’ exposure to chemical substances, is fairly low but still represents a major concern for Better Work Haïti. The overall rate of non-compliance in the emergency preparedness remains high at 96% for this reporting period. Violations related to preparation of workers for possible emergencies have doubled from 7% to 14% and are mostly due to the fact that many factories have not conducted two emergency drills during a 12 month period, as recommended by Better Work. Non-compliance regarding accessible, unobstructed, or unlocked emergency exits during working hours, including overtime decreased from 78% to 71% during this reporting period. Employers have made à respectable effort to train workers in the use of fire-fighting equipment, with a non-compliance rate of 39% versus 48% reported in the last report. There has also been à significant decrease in non-compliance for factories with fire detetion and alarm systems, from 48% to 36%. [page 18] 17 BETTER WORK HAITI - 24TH COMPLIANCE SYNTHESIS REPORT -JUNE 2022 L Better Work Haiti continues to address the non-compliance issues in the OSH cluster by offering training on chemical management system and emergency preparedness. Advisors also tailor their advisory sessions to address the needs of the factories in term of Occupational Safety and Health Management Systems. In the compensation cluster, non-compliance rates related to the payment of the minimum wage is relatively low, with just 4 factories out of 28 in non-compliance. Only 2 factories out of 28 were found in non-compliance for not keeping an accurate payroll. However, the compliance points related to paid leave and social security continue to represent a point of concerns for Better Work Haiti. Both compliance points are affected in part by the law requiring factories to pay the lunch break. Although most of the factories pay all types of leave such as annual leave, sick leave and maternity leave regularly, the fact that the payment for the lunch break is not included in the calculation of the average daily salary, negatively affects those leave payments. À decision to pay the lunch break would automatically correct all those non-compliance issues. The failure to include the payment of the lunch break has à repercussion on the calculation of employer and employee’s contribution to the Office retirement insurance (ONA) as well as contributions mentioned above. The Labor Round Table Conference that was held in May allowed worker representatives and employer representatives to discuss the subject. Both workers representatives and employers representatives have made it clear that they would like the government to review the law, because of the lack of clarity in its interpretation. They have asked Better Work Haiti to stop putting factories in non-compliance for not paying the lunch break. Better Work Haiti will continue to apply the law as it stands, until there are new directives from the government authorities. However the workers’ representatives and the employers’ representatives have agreed to work together to lobby the government to find a solution to the issue. The Association of Haïitian Industries (ADIH) is taking the lead to follow up with the Ministry of Labor (MAST), to address the issue related to the law regarding the payment of the lunch break. [page 19] 18 BETTER WORK HAITI - 24TH COMPLIANCE SYNTHESIS REPORT -JUNE 2022 L Non-compliance rates by Compliance Point - May 2021 - June 2022 (Core Labour Standards Clusters) 5 ChildLabourers SOEOU Q D Workers E O Hazardous Work and other Worst Forms ECS & Gender BE È si E RaeandOïgn BOUT 3 a Religion and Political Opinion EEE Bonded Labour EEE 5 2 . ® Coerion RÉ — D Ô Forced Labour and Overtime EEE æ Prison Labour EEE D . co Collective Bargaining BOXE se RE Freedomto Associte EU cs 9 © 2 Interference and Discrimination OO æ > 5 £ E © Stiks BON 5 à PO ® Union Operations OSEO LL 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% #Non-compliance rate (n= 28) [page 20] 19 BETTER WORK HAITI - 24TH COMPLIANCE SYNTHESIS REPORT -JUNE 2022 L Non-compliance rates by Compliance Point - May 2021 - June 2022 (National Law Clusters) Method of Payment | RE AE A A DE AE AE AE Minimum Wages/Piece Rate Wages : | ME AE RE RE AE AE AE AE EE .S Overtime Wages $ A AE RE A AE AE AE AE VE EE ü Paid Leave Ê RS A AE AE A EE AE AE ES EE Be) remiIum Pay M AE AE RE A RE AE VE AE EE Social Security and Other Benefits AE A RE A RE AE RE AE Wage Information, Use and Deduction = | AE RE AE AE AE AE AE RE Ê Contracting Procedures 2 ME AE RE RE RE AE AE AE VE EE É dl Dialogue, Discipline and Disputes 2 A AE AE RE A RE AE RE AE EE g Ë Employment Contracts Ê D AE RE AE AE A A EE EE Le] ermination : LL Chemicals and Hazardous Substances A AE AE AE AE AE AE RE AE EE £ Emergency Preparedness © Health Services and First Aid 5 LL LL d OSH Management Systems AE AE AE AE AE RE AE RE AE EE # Welfare Facilities ol Worker Accommodation ë A EE ES EE A EE ES (e] orker Protection ne avianment ME AE AE AE AE RE AE RE AE DE Oorking Environmen : po A RE RE AE RE RE AE A Ê eave Ë D A RE RE EE AE AE AE EE £ vertime l 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% #Non-compliance rate (n= 28) [page 21] 20 BETTER WORK HAITI - 24TH COMPLIANCE SYNTHESIS REPORT -JUNE 2022 L Section V: Core labor standards non- compliance findings of the reporting period (May 2021 - June 2022) During this reporting period, Better Work Haïti noted four non-compliances findings on the core labor standards during the assessments; Two sister factories were cited for forced labor under the Coercion compliance point. The factories were found in non-compliance for restricting foreign workers from leaving the industrial park during their free time and for putting an undue burden on the foreign workers, if they decide to resign from their post during the first year of their contract. Another factory was cited for non-compliance under Freedom of Association, for refusing to grant access to union members and for violating its own internal rules in the firing of union members. The same factory was also cited for non- compliance in the discrimination cluster, for failure to protect two pregnant women'’s job positions and wages during their pregnancies. Factory 1&2 During assessments, Better Work Haiti advisors found that the fixed salary paid to the foreign workers, mostly from Central America, included overtime hours although the amount of overtime was not mentioned. Under Haïitian Law, overtime work is voluntary. Furthermore, advisors were not able to determine if those workers were being paid properly for overtime hours worked, since the workers did use the punch system. During assessment, advisors found that the employment contracts for foreign workers provided that they were required to fully cover the expenses to return to their home country, should they decide to resign from their post prior to completing their first year of service. Additionally, they are required to reimburse the company the cost of the airfare to come to Haïti. The factory’s management explained to assessors that it was the same type of contract they use for foreign workers in other countries. The second non-compliance relates to the prohibition on foreign managers leaving the industrial park even during weekends and holidays. Management explained that due security concerns in the country, they were forced to take steps to ensure the safety of the foreign workers. During the assessment, Better Work Staff advised the factory’s management to discuss the issue with the foreign workers and inform them about the security risks, and to allow them to leave the industrial park with the understanding that they are aware of the [page 22] 21 BETTER WORK HAITI - 24TH COMPLIANCE SYNTHESIS REPORT -JUNE 2022 L risks and aresponsible for their own safety and security once they are outside the industrial complex. Upon advise from Better Work Haiti, the factories have taken the necessary steps to review the foreign workers’ contracts, to address all the issues that were pointed out by the assessment team. They have also reviewed their policy to allow foreign workers to leave the industrial complex during their off days. Factory 3 During the assessment at factory 3, assessors were informed that thirty-five union members were fired for wearing t-shirts with the name of their union affiliation inside the factory. Upon further investigation, Better Work Haiti assessors found that some of the union members already had several warning letters in their record. The union leaders claimed that they were fired because they recently joined à union, given that those warning letter had been in their files months before they were dismissed. In addition, there were a few union members who did not have any prior warnings. Better Work Haiti found the factory in non-compliance for violating its own internal work rules, which include à temporary suspension between one and eight days without pay, prior to terminating a worker after several warnings. The factory was advised to consistently apply its own internal work rules. Better Work Haïti further recommends that the factory update its policy on freedom of association to clearly define the roles and responsibilities of both parties, to improve the quality of social dialogue and industrial relations and to train its staff on the revised policy. During the assessment at factory 3, interviews with two breastfeeding women revealed that the factory changed their position, salary and benefits during maternity leave. The documents examined showed that their salary was lower than it was before they went on maternity leave. The factory immediately took the necessary steps to correct the issue. The women were placed in a different module where they are earning the same salary as prior to their maternity leave. [page 23] mn < res PT FR 2 . °° de - L 4 | qu je À = 9 PT ES | . ES À a [page 24] 23 BETTER WORK HAITI - 24TH COMPLIANCE SYNTHESIS REPORT -JUNE 2022 L Section VI: Better Work key activities during the reporting period During this reporting period, Better Work Haïti continued to implement its mandate, in person and through a hybrid model, by delivering its core services to participating factories as well as engaging with other key stakeholders including MAST labor inspectors. Several training sessions for bipartite committees were however delivered in person as well as training on Gender Based Violence and Harassment (GBVH). During this reporting period, Better Work Haïti leadership held several meetings with the newly appointed minister of Social Affairs and Labor (MAST), the new Director of the Office for Accident, Maternity and Health Insurance (OFATMA) and the newly appointed Ombudsperson, to discuss several issues related Better Work activities in the textile sector, including the persistent non-compliance in social security contributions and the constant industrial relations problems. AIll the government representatives have pledged to collaborate and support Better Work activities in the sector. During this reporting period, Better Work advisors and trainers delivered several training sessions to participating factories as well as government stakeholders and union leaders, covering topics such as Freedom of Association, Understanding Gender, Human Trafficking and Child Labor, Emergency Preparedness, Prevention of Sexual Harassment, negotiation skills and Chemical Products Management. Better Work Haiti offered a total of 10 training sessions to 1052 participants, including 398 females, from 29 factories . The participants are now better prepared to face the challenges related to the aforementioned situations. In February 2022, Better Work Haïti, in collaboration with ILO Normes and the Legal Section of the Ministry of Social Affairs and Labor (MAST), held a two-day training session, in Port au Prince, on Human Trafficking and Forced Labor. Another session was held later in May in the Northeast. SUPERVISORY SKILLS TRAINING Better Work Haiti also provided a training on negotiation skills to participating factories and labor inspectors from MAST Labor Inspectorate division. During this training, 56 participants, including 19 women were introduced to the basic elements of negotiation. Participants in the training learned how improved negotiation skills can help them resolve disputes and lead to better labor relations. They have acquired the necessary skills to [page 25] 24 BETTER WORK HAITI - 24TH COMPLIANCE SYNTHESIS REPORT -JUNE 2022 L develop the appropriate strategies for negotiations and to become more assertive negotiatiors. SUPERVISORY SKILLS TRAINING The supervisory skills training was provided to participant to help them acquire the knowledge to develop the proper strategies to become effective supervisors. The training focused on communication skills, leadership, coaching, delegation, motivation, and team building skills. A total of 16 factories took part in the training with a T5 participants including 33 women. OCCUPATIONAL SAFETY AND HEALTH Factories continue to struggle with Occupational Safety and Health issues (OSH) that are putting them in non-compliance. Realizing that the two main non-compliance points in OSH are related chemical management and emergency preparedness,] a training session on, chemical management system was delivered to the inspectors from the Ministry of Labor (MAST) inspectorate division. 8 inspectors including 2 women participated in the training session delivered by Better Work Haiïtis training officer. Consequently, they can better identify the issues during inspections. Better Work Haïti also built the capacity of 14 participants including 5 women in emergency preparedness at a factory in the Northeast. With such training, they are now able to to address non-compliance issues as they emerge during assessments. This factory had selected this training, based on conversations with its advisor and members of its bipartite committee, after noticing a non-compliance rate of 30% in the questions related to emergency preparedness in their last assessment data. GENDER Better Work Haiti puts great emphasis on addressing gender related non-compliance issues in the factories. Since 2018, BWH has worked with factories to set up remediation policies and execution of the Prevention of Sexual Harassment (POSH) training for supervisors and managers. Better Work advisors regularly help factories review their sexual harassment policy and procedures to help them identify and reduce sexual harassment in the workplace. During the reporting period, Better Work Haiti delivered four training sessions on the [page 26] 25 BETTER WORK HAITI - 24TH COMPLIANCE SYNTHESIS REPORT -JUNE 2022 L prevention of sexual harassment to participating factories as well associations of worker representatives. There were a total of 426 participants in these sessions, of whom 155 were females. 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 took 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. In April 2022, Better Work Haiti introduced the new training module on Gender Based Violence and Harassment (GBVH) to three factories in the Northeast. Better Work Haiti realized that the current sexual harassment prevention training did not fully focus on the wellbeing of the victim but rather tried to find a solution after the alleged harassment occurred. Furthermore, the grievance mechanism in place did not really address the reporting of other types of violence as the current mechanisms focused more on investigating the case rather than the needs of the victim. It did not include any type of psychosocial first aid or referral procedures in case the victim requested such help. Additionally, Better Work advisors did not have the necessary skills to help the factories approached the subject in a broader spectrum either; their focus was also on the prevention of sexual harassment and not on gender-based violence as a whole.As à result of this training, the participants have broadened their understanding of the concept of GBVH, which includes different types of violence based on gender, as opposed to the simpler forms of sexual harassment prevention training they are familiar with. Following the introductory course on Gender-Based Violence and Harassment, Better Work Haïti advisors performed a gap analysis of the factories’ existing grievance mechanism and discussed ways to adapt it to make it more suitable to address grievances relatated to GBVH. The factories were also introduced to the concept of Psychosocial First Aid. The participants are now better prepared to meet the needs of the alleged victims. The trainings were conducted over a four day session in which factory managers, compliance officers, human resource officers, as well as some worker representatives participated. COLLABORATION WITH THE GOVERNMENT With the support of Better Work Haïti, the Office of the Labor Ombudsperson for the textile sector (BMST) has started the implementation of its digital Complaint Management Solution aimed to improve its quality and performance in the industrial conflict handling process within the garment sector. The Office of the Labor Ombudsperson receives an average of a dozen in-person reported cases monthly on several issues such as contract [page 27] 26 BETTER WORK HAITI - 24TH COMPLIANCE SYNTHESIS REPORT -JUNE 2022 L disputes, working hours, payment to the social security system, and maternity leave payments, to name a few. The traditional paper-based conflict handling method/mechanism does not efficiently meet the current and future requirements of the working relationships in the mass employment environment of the Haitian apparel industry. This new system will improve the conflict handling operations, especially with distance reporting and tracking for parties and transparent centralized collaborative work within BMST, the Ministry of Labor and Social Affairs (MAST), Better Work Haïti, and other involved parties. During this reporting period, Better Work Haïti provided à training session on chemical product management in which 12 labor inspectors including three women participated. The participants have now a better mastery of the tools and good practices on how to effectively handle chemicals products. At the end of the session, participants have demonstrated greater sensibility regarding chemical product storage and labelling, exposure prevention strategies and how to allocate responsibilities for chemical product management. Two training session on human trafficking and forced labor were offered to MAST labor inspectors, represesentatives from Office Nationale d'Assurance Vieillesse (National Office for Old-Age Insurance), Office d'Assurance Accidents du Travail, Maladie et Maternité (Office for Work, Health and Maternity Insurance) conciliators and magistrates of the Special Labor tribunal. Participants in this training have acquired the necessary knowledge to help them identify cases of human trafficking and forced labor in the workplace. The participants have a good grip of the national labor laws and ILO conventions ratified by Haïti with an approach based on human trafficking and forced labor. In the session that was held in Port au Prince, there were thirty-two participants including nine women who took part in this two-day training session. In the session the session that occured in the Northeast, there were 29 participants including 10 women. SOCIAL DIALOGUE AT THE FACTORY LEVEL One of the strategies of Better Work Haïti is to increase worker participation in the decision making process through increased social dialogue. Since it inception, Better Work has promoted the concept of bipartite committee at the factory level to increase social dialogue and address issue of non-compliance which will lead to increased productivity and better working conditions. To this end, Better Work Haiti is focused on ensuring that all factories have a functional bipartite committee. During this reporting period, Better Work Haiti [page 28] 27 BETTER WORK HAITI - 24TH COMPLIANCE SYNTHESIS REPORT -JUNE 2022 L trainers and advisors supported the creation of bipartite committees at 8 factories. À total of 62 worker representatives and factory management representatives, including 25 women are more cognizant regarding the role and responsibilities of the bipartite committee and are more conscious about ways to use social dialogue to prevent and solve issues that may arise within the factory. NEW TRAINING MODULES During this reporting period, Better Work Haiti piloted a webinar on Intercultural Communication in the Textile Industry, in which 7 participants from 4 factories were all male. As a result of this webinar, factory managers and supervisors, have mastered the importance and relevance of good intercultural communication in a workplace where people from different cultural backgrounds are interacting. Stronger diversity and inclusion can lead to more harmonious working relations, a more stable workforce, less absenteeism, better productivity, and less stress for everyone, irrespective of job or grade. [page 29] | | 4 . à À L / æ “2 4 . ue L d 4 L N e P L x à \ d : re n : r v ed 3 +” \ À F-OPW L P F-, | eh \ Ai JAP : Li \ 17/0 \ EAN LE. | AE \ . 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. À 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 30] 29 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 Haïti has assessed over the past two cycles. All factories that have been assessed by Better Work twice or more by the reporting period 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 it is closed. Table 3: List of factories in the Haïitian apparel sector, which have been assessed between May 2021 and June 2022) Factory Name 1. Bon Kalite International, S.A (BKIS. A) 2. BrandM Apparel Haiti - AMI, AM2, AM3 3. Caribbean Island Apparel A. Centri Group SA 5. Class International Holdings LTD 6. Cleveland Manufacturing S.A. 7. Digneron Manufacturing SA 8. Everbright Headwear 9. Everest Apparel Haïti S.A. 10. Fabrik Apparell | FW Acquisition Corp TI. Fairway Apparel S.A. 12. GO HAITI 13. H4H S.A 14. Haiti Premier Apparel S.A. [page 31] 30 BETTER WORK HAITI - 24TH COMPLIANCE SYNTHESIS REPORT -JUNE 2022 L 16. Horizon Manufacturing S.A.(closed as of March 2022) Manufacturing S.A.) [page 32] 31 BETTER WORK HAITI - 24TH COMPLIANCE SYNTHESIS REPORT -JUNE 2022 L FINDINGS FROM THE 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 annex1 for the exact requirements of the HOPE Il legislation), including the details of non-compliance points identified, efforts of the producer to remediate the non-compliance points, 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 2 When a 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. ? https://betterwork.org/home/bwh-our-services/ [page 33] 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 a 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 wants to report 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 factories 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 recommendedithatsome of the fired workers be reinstated totheir positions without any penalties: .. V E, [a _ a és MP E . _ . | Pa | 4 LA . : ss L #4 à ds e, * - “ | > . = = F — F A ‘ ” . : a _ dé £ 2 A + + e \ —{} La , À L : rt. Vs er en 4 . _ = = A 7 PRÉ sl * > mn "# * É + | 1 nn : 9 : < " Se à pe ni ra = rm de. < er 7 "+ ct a D TR ir "| = . | L Il AY 7 : [page 34] 33 BETTER WORK HAITI - 24TH COMPLIANCE SYNTHESIS REPORT -JUNE 2022 L e Annex 1: The TAICNAR Project and e e Reporting Requirements under the HOPE e e Il Legislation In 2006, the United States Congress enacted the Haïti Hemispheric Opportunity through Partnership Encouragement Act of 2006 (HOPE), expanding preferences for Haïtian apparel established under the Caribbean Basin Economic Recovery Act, thus enabling the Haiïtian 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 Haiti’s economic growth and development in both the textile and apparel sectors. Among its provisions, the HELP Act extended almost all of the trade preferences established under HOPE and HOPE IL. 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. Haiti was also required to work with the ILO to develop a technical assistance program to (i) assess and promote compliance with core labor standards and national labor law in the factories that are eligible for tariff advantages under HOPE Il and (ii) provide assistance to the Government of Haiti 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: TAICNAR Program Component 1: Compliance Assessments and Remediation Support [page 35] 34 BETTER WORK HAITI - 24TH COMPLIANCE SYNTHESIS REPORT -JUNE 2022 L 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 Haïti program since 2016, it has been decided that non-paying factories will receive all Better Work core services (advisory, training, and one annual assessment) in line with 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 - (I) to inspect facilities of producers listed in the registry described in paragraph (2)B)(); 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 Ministry's 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. 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 36] BETTER WORK HAITI - 24TH COMPLIANCE SYNTHESIS REPORT -JUNE 2022 % 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 (C)() are a report, by the entity operating the TAICNAR Program, that is published (and available to the public in a readilÿ accessible manner) on a biannual basis, beginning 6 months after Haïti implements the TAICNAR Program under this paragraph, covering the preceding 6-month period, and that includes the following: () The name of each producer listed in the registry described in paragraph (2XB)i) that has been identified as having met the conditions under subparagraph (B). (ii) The name of each producer listed in the registry described in paragraph (2XB)) that has been identified as having deficiencies with respect to the conditions under subparagraph (B), and has failed to remedy such deficiencies. ii) For each producer listed under clause (ii) — (1) a description of the deficiencies found to exist and the specific suggestions for remediating such deficiencies made by the entity operating the TAICNAR Program; (1) a description of the efforts by the producer to remediate the deficiencies, including a description of assistance provided by any entity to assist in such remediation; and (Il) with respect to deficiencies that have not been remediated, the amount of time that has elapsed since the deficiencies were first identified in a report under this subparagraph. (iv) For each producer identified as having deficiencies with respect to the conditions described under subparagraph (B) in a prior report under this subparagraph, a description of the progress made in remediating such deficiencies since the submission of the prior report, and an assessment of whether any aspect of such deficiencies persists. [...] [page 37] 36 BETTER WORK HAITI - 24TH COMPLIANCE SYNTHESIS REPORT -JUNE 2022 L Annex 2. Better Work’s Service Delivery Model The key principles of Better Works revised service model are ownership, accountability, dialogue, and partnership. The core services offered to factories are advisory services, an annual assessment, and training services. Better Work’s service delivery model stresses the importance of advisory services with a stronger focus on assistance on management systems, root cause analysis, and continuous learning. Better Work acknowledges the fact that auditing alone cannot contribute to sustainable remediation of non-compliances. Assessments provide a 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 2075, 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 Tth 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 38] 37 BETTER WORK HAITI - 24TH COMPLIANCE SYNTHESIS REPORT -JUNE 2022 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 à 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 the illustration below: [page 39] 38 BETTER WORK HAITI - 24TH COMPLIANCE SYNTHESIS REPORT -JUNE 2022 L 4 BEC 0, ss, ‘ F > La LS # Ne à s \ Po G À # / > N® sr à æ, « x x seminar À A | 2 U 1 \ U 1 i nl training ua to 25 doys pêr cycle \ t L \ \ 1 nl L seminar 2- \ L 3, À !s 4 ? Ÿ / L" “ %,, / L < + 7e É] ‘ \ & ’ te EE F Sequence and components of annual Cycle under Better Work's revised service delivery model. In 2017, Better Work started to differentiate factories depending on their performance. Factories that are scoring high enough in terms of compliance performance 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 40] 39 BETTER WORK HAITI - 24TH COMPLIANCE SYNTHESIS REPORT -JUNE 2022 L Annex 3. The Better Work Compliance Assessment Methodology BETTER WORK COMPLIANCE ASSESSMENT FRAMEWORK The Better Work program assesses factory compliance with core international labor standards and national labor law. Following assessments, a detailed report is prepared. 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, T1, 138, 182, and they form the reference base in assessing factory compliance with fundamental rights for all the Better Work programs in various countries. For some issues, such as minimum legal working age, provisions in national law specify requirements for the application of international conventions. |f national law is not consistent with international standards pertaining to core labor standards, the international standards are applied. Haïti has ratified all eight core Conventions listed above. According to the Haïitian 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 41] 40 BETTER WORK HAITI - 24TH COMPLIANCE SYNTHESIS REPORT -JUNE 2022 L Table 2: Better Work compliance assessment framework Compliance Compliance Point Compliance Issue CS 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. Register of workers under age 18. Workers under age 18 doing work that is hazardous by Discrimination Gender Changing the employment status, position, wages, benefits, or seniority of workers during maternity leave. Excluding maternity leave from workers’ period of Pregnancy tests or use of contraceptives as a Promotion or access to training (gender and/or Terminating workers or forcing them to resign if they are pregnant, on maternity leave or nursing. 5 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, e.g. age, HIV/AIDS status, disability, etc. The questionnaire for Haiti does not include the “Other Grounds” compliance point because the Haitian labor law does not identify grounds for discrimination beyond those cited in Conventions 100 and TI. [page 42] 41 BETTER WORK HAITI - 24TH COMPLIANCE SYNTHESIS REPORT -JUNE 2022 L Termination or retirement (gender and/or marital A Promotion or access to training (religion or political Termination or retirement (religion or political Forced Labor Bonded Labor Debts for recruitment fees owed to the employer CT thermes Forced labor to discipline workers or punish them for Free exit from the workplace at all times, including Freedom of movement (dormitories or industrial Freedom to terminate employment with reasonable notice and/or to leave their jobs when their contracts expire Threats such as deportation, cancellation of visas, or Workers’ access to their personal documents (such as birth certificates, passports, work permits, and ID cards) [page 43] 42 BETTER WORK HAITI - 24TH COMPLIANCE SYNTHESIS REPORT -JUNE 2022 L Forced Labor Forced overtime under threat of penalty oem Association Bargaining Collective agreement is less favorable for workers and Collective than what is required by national law. Associate Requiring workers to join a union. Interference Attempt(s) to interfere with, manipulate, or control Incentives to refrain from joining a union or engaging Termination or non-renewal of workers employment Union membership or union activities factoring into Security guards, the police, or armed forces are called on to break up a peaceful strike or arrest striking workers. Operations Union representatives’ access to workers in the Wage payment directly to workers at the workplace Minimum Wage Correct payment of piece-rate workers when their ue piece-rate earnings exceed minimum wage. [page 44] 43 BETTER WORK HAITI - 24TH COMPLIANCE SYNTHESIS REPORT -JUNE 2022 L men 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, or humiliating treatment of Employment Contracts for all persons performing work for the [page 45] 44 BETTER WORK HAITI - 24TH COMPLIANCE SYNTHESIS REPORT -JUNE 2022 L Employment contracts’ compliance with the labor code, collective agreement, and/or internal work rules. Specifying terms and conditions of employment in Workers’ understanding of the terms and conditions of employment. Termination Annual salary supplement or bonus upon Orders to reinstate or compensate unjustly Payment for unused paid annual leave upon Reductions in workforce size or suspensions due to Occupational Chemicals and Assessing, monitoring, preventing, and/or limiting and health Substances Chemical safety data sheets for all chemicals and Inventory of chemicals and hazardous substances Train workers who work with chemicals and Washing facilities or cleansing materials in the event Emergency Accessible, unobstructed, and/or unlocked Preparedness emergency exits during working hours, including overtime. Marking or posting of emergency exits and/or escape The number of emergency exits. [page 46] 45 BETTER WORK HAITI - 24TH COMPLIANCE SYNTHESIS REPORT -JUNE 2022 L Health checks for workers who are exposed to work- The employer did not ensure a sufficient number of 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 Protection against fire in the accommodation. [page 47] 46 BETTER WORK HAITI - 24TH COMPLIANCE SYNTHESIS REPORT -JUNE 2022 L Protection against heat, cold and/or dampness in the Toilets, showers, sewage, and/or garbage disposal Ventilation in the accommodation. Protection Installing guards on all dangerous moving parts of Installing, grounding, and/or maintaining electrical Providing workers with personal protective clothing Punishment of workers who removed themselves from work situations they believed presented an imminent and severe danger to life or health. Training and encouragement of workers to use PPE, Overtime Authorization from the Department of Labor for Authorization from the Department of Labor for work Weekly rest period. [page 48] A7 BETTER WORK HAITI - 24TH COMPLIANCE SYNTHESIS REPORT -JUNE 2022 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. À factory is reported as non-compliant in a subcategoryifit 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 Haïti. 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 Haïti follow a thorough checklist of about 230 questions covering the above-mentioned labor standards and gathering general information about the factory.4 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 4 Better Work Haiti Compliance Assessment Tool (CAT) including their legal references can be accessed here: http://betterwork.org/haiti/?page_id=1731 [page 49] 48 BETTER WORK HAITI - 24TH COMPLIANCE SYNTHESIS REPORT -JUNE 2022 L other 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 Haïti Enterprise Advisors have become more experienced at collecting information and interviewing workers. Together with other activities led by Better Work, Haiti 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 50] 49 BETTER WORK HAITI - 24TH COMPLIANCE SYNTHESIS REPORT -JUNE 2022 L The assessment usually visits last two days, and becauseitis a picture of the moment, some situations that might lead to non-compliance points in the future are not reported. It is also important to keep in mind that non-compliance issues might be identified during the advisory cycle through the self-diagnosis process. Better Work supports factories 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 Haïti is likely to underreport the extent of its occurrence. However, sexual harassment remains an issue of concern in the industry in general. As mentioned, Better Work is basing its assessment findings on triangulation of facts, which requires sufficient evidence 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 51] : , - | ee e , = “ Æ F "€ De ù f A / n [page 52] 51 BETTER WORK HAITI - 24TH COMPLIANCE SYNTHESIS REPORT -JUNE 2022 L D e e e. Annex 4. Factories Findings [page 53] 52 BETTER WORK HAITI - 24TH SYNTHESIS REPORT Factory: BrandM Apparel Haïti - AMI, AM2, AM3 Location: Ouanaminthe Number of workers: 2,656 Date of registration: May-19 Date of last two Better Mar-21 Apr-22 Work assessments: Advisory and Training Services 9-May-22 Advisory meeting Advisory service to talk about the PICC, Industrial dispute and review BW assessment findings 8-Apr-22 Training GBVH Psychosocial First Aid. 7-Apr-22 Training GBVH Gap analysis. 6-Apr-22 Training GBVH Grievance Mechanism. 5-Apr-22 Training GBVH Introduction Training. 18-Apr-22 Training Virtual Sexual Harassment Awareness and Prevention for Middle Management. T-Apr-22 Training Virtual Sexual Harassment Awareness and Prevention for Supervisors. 10-Apr-22 Training Virtual Sexual Harassment Awareness and Prevention for Workers. 9-Feb-22 Advisory meeting Meeting with management to discuss:- The implementation of the OSH committee and bipartite committee- Review the improvement plan. 30-Nov-21 Virtual advisory meeting Advisory visit to update improvement plan. Discussion regarding non payment of lunch break. Discussion regarding registration for OFATMA maternity and health 27-Oct-21 Training Webinar on Intercultural Communication in the Textile Industry. 6-Oct-21 Virtual advisory meeting Advisory visit with the participation of some union representatives to discuss: - 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: - Review and update the improvement plan - Plan to create a bipartite committee. - Discuss the preparation on PRI 5-Aug-21 Virtual advisory meeting 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 to verify corrections already made by the factory. 4-Jun-21 Virtual advisory meeting Virtual advisory 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 Finally, a factory tour to verify corrections already made by the factory. 5-May-21 Training Virtual training Covid-19 Emergency Preparedness. ASSESSMENT COMPLIANCE CLUSTER COMPLIANCE POINT DETAILS OF NON COMPLIANCE IMPROVEMENT PRIORITIES REMEDIATION EFFORTS MONTHS Assessment April 2022 Apr-22 Occupational Safety and OSH Management Systems The OHS policy signed by senior Update and adjust OHS policy and 2 Health management does not meet all the procedures. requirements. [page 54] 53 Apr-22 Occupational Safety and OSH Management Systems The factory does not have a Update and adjust hazard/risk 2 Health hazard/risk management and control management and control procedure that includes all the procedures. requirements. Apr-22 Occupational Safety and OSH Management Systems The employer has failed to investigate, … Ensure that all OSH issues are 2 Health monitor and measure OHS issues as investigated, monitored and required. measured accurately. Apr-22 Occupational Safety and OSH Management Systems The factory does not adequately Ensure that training are provided to 2 Health communicate and implement OSH all relevant staff policies and procedures Apr-22 Occupational Safety and OSH Management Systems The employer does not adequately Ensure that the factory conduct the 2 Health assigns accountability for health and joint OSH Committee meetings to safety to OSH Officers and HR address OSH issues. Director Apr-22 Contracts and Human Employment Contracts The factory does not have a grievance Update and adjust the grievance 2 Resources handling and dispute resolution policies and procedures. procedure that meets all the requirements. Apr-22 Contracts and Human Employment Contracts The factory currently applies Codevi's Update and adjust disciplinary and 2 Resources disciplinary and termination termination procedures. procedures, which does not include all the stens. Apr-22 Contracts and Human Employment Contracts The factory does not fully investigates … Ensure that all parameters are 2 Resources performance of HR. reviewed during the HR review Apr-22 Contracts and Human Employment Contracts The factory does not adequately Ensure that all the steps are in place 2 Resources communicate and implement HR in the factory. policies and procedures. Apr-22 Working Time Regular Hours Regular working hours did not meet Modify the internal work rules and 2 legal requirements ensure the regular working hours do not exceed 48 hours per week. Apr-22 Occupational Safety and Emergency Preparedness Obstructed aisles in several sections of Keep routes unobstructed during 14 Health the workspace. working hours. Apr-22 Occupational Safety and Health Services and First Aid The factory does not have an onsite Ensure that the free zone or the 33 Health medical facilities and staff as required factory has adequate medical by art. 478 and 479 of the labor code. … facilities Apr-22 Occupational Safety and Working Environment The workplace is not clean and tidy. keep the factory floors clean and The factory repaired the cooling system 6 Health tidy. Remove the water that is in AM2 making it slippery and keep it dry. Apr-22 Working Time Leave Inaccurate maternity leave to pregnant The factory needs to complete the 14 workers. registration for OFATMA maternity and health insurance and ensure that workers are given 12 weeks of paid maternity leave [page 55] 54 Apr-2 Working Time Regular Hours Factory did not give two break of 30 Provide additional breaks to 33 minutes to pregnant workers. pregnant women. Apr-22 Occupational Safety and Emergency Preparedness Fire fighting training was not provided The factory needs a certified The factory has trained 30 additional 33 Health by a certified company or trainer. company or trainer to provide fire workers in the use of fire fighting by a fighting training to at least 10 percent …_ certified company. ofthe staff Apr-22 Occupational Safety and Emergency Preparedness Unmarked escape routes, missing and All escape routes should be clearly 33 Health outdated evacuation plan marked. The evacuation maps Furthermore the meeting point in one should be redone and posted on the building is inaccessible. work floor and meeting point should be accessible. Apr-22 Occupational Safety and Emergency Preparedness Fire extinguishers were not properly Provide adequate firefighting Factory inspected and added the 33 Health maintained and some areas were equipment and Ensure regular missing tag on the forklift fire missing fire extinguishers maintenance is done. extinguisher and fixed the issue with the one found on the floor of the AM 2 Apr-22 Occupational Safety and Emergency Preparedness Smoke detectors and alarm have not The factory should install fire 33 Health been installed in the trim warehouse. detection system in all areas of the workplace. Apr-22 Occupational Safety and Health Services and First Aid First aid training was not provided by The factory needs a certified The factory has trained 30 additional 33 Health a certified company or trainer. company or trainer to provide first workers in first aid by a certified aid training to at least 10 percent of company the staff. Apr-22 Occupational Safety and Health Services and First Aid Keys were not available on the floor The factory must designate a person 14 Health for several boxes and one box missing to monitor the keys and the a supply. inventory of the first aid boxes Apr-22 Occupational Safety and Health Services and First Aid Free annual medical checks was not Arrange free annual medical checks 33 Health provided to workers. for all workers. Apr-22 Occupational Safety and Health Services and First Aid Free health checks was not provided Provide health checks to workers 33 Health to workers exposed to work-related exposed to work-related hazards at hazards. least twice a year. Apr-22 Occupational Safety and Health Services and First Aid Health checks was not provided to Provide health checks to workers 33 Health workers within the first three months within the first three months of of hiring. hiring, Apr-22 Occupational Safety and Welfare Facilities Eating area is not adequate to The factory needs to find an 33 Health accommodate the entire workforce. additional eating area to accommodate workers: Apr-22 Occupational Safety and Welfare Facilities Soap was not available in all toilets Ensure that soap is available in all 6 Health including at the entrance of the toilets and at the entrance of the premises. premises Apr-22 Occupational Safety and Welfare Facilities Insufficient number of Toilets. Increase the number of toilets. 33 Health [page 56] 55 Apr-22 Occupational Safety and Worker Protection The factory does not systematically Systematically check all body 6 Health check body temperature upon entry. It temperature upon entry and keep a does not keep a registry for all persons registry for all persons who present à who present a temperature of 38C and temperature of 38C and above above. Apr-22 Occupational Safety and Chemicals and Hazardous Substances Eyewash stations are missing in two Install eyewash stations in all areas 33 Health areas of the workplace and another where chemical products are used one is not working. Apr-22 Occupational Safety and Chemicals and Hazardous Substances The factory does not provide training Provide chemical safety training to 33 Health for supervisors using chemicals in the all workers that are using chemical spot cleaning area products. Apr-22 Occupational Safety and Chemicals and Hazardous Substances The factory does not have appropriate The factory needs to have an 33 Health spot cleaning area. isolated area for the spot cleaning and ensure that the machine are working properly. They also need to provide PPE for all workers in the section. Apr-22 Occupational Safety and Working Environment light levels were inappropriate in some Ensure the lighting is adequate and 14 Health working sections. adapted to worker's needs. Apr-22 Occupational Safety and Working Environment Workplace temperatures levels are Monitor the temperature level and 33 Health unacceptable. maintain it under 30 C inside the workplace: Apr-22 Occupational Safety and Worker Protection Several chair without backrests in the Provide chairs with backrest to all 33 Health sewing areas and standing mats were workers, tables with footrest or shock not available to all workers. absorbing mats to standing workers Apr-22 Occupational Safety and Worker Protection Improper maintenance of electrical Ensure that all electrical panel are 14 Health system of the factory. properly maintained. Apr-22 Occupational Safety and Worker Protection Sewing machines were missing pulley Install the proper safety guards on all 33 Health guards. machines Apr-22 Occupational Safety and Worker Protection The factory did not provide Provide proper PPE to all workers The factory provide PPE to some 33 Health appropriate PPE to all workers. using chemical products. workers in the workplace. Apr-22 Occupational Safety and Chemicals and Hazardous Substances MSDSs are not available in local Translate MSDS in the local language 33 Health language for all chemicals used in the and post them where chemical workplace products are used Apr-22 Occupational Safety and Chemicals and Hazardous Substances Chemical and hazardous substances Label all chemicals and hazardous 33 Health are not properly labelled. substances used in the workplace Apr-22 Occupational Safety and Chemicals and Hazardous Substances Inventory of chemicals and hazardous Update inventory of chemicals and The factory started implementing a 14 Health substances is not updated hazardous substances in the system of inventory for chemicals and workplace: hazardous substances used in the workplace Apr-22 Occupational Safety and OSH Management Systems The structural safety certificate was Assess the buildings to ensure they The factory provided a structural safety 2 Health not available. meet the safety requirements for an certificate, certifying that the buildings’ industrial structure. structure meets the safety requirements for an industrial structure [page 57] 56 Apr-22 Occupational Safety and OSH Management Systems The factory does not record and Record and submit work related 33 Health submit work-related accidents to accidents to OFATMA on a monthly OFATMA on a monthly basis. basis Apr-22 Occupational Safety and OSH Management Systems During assessment, management Conduct and keep records of the 6 Heaïth provided evidence of 6 OSH assessment result on à monthly assessment reports for the last 12 basis. months. Apr-22 Contracts and Human Employment Contracts The factory does not have an internal Develop and internal work rules and 33 Resources work rules approved by the Ministry of send it to MAST for approval Labor Apr-22 Contracts and Human Employment Contracts Apprentice contracts were not Request approval from MAST for the 33 Resources approved as legally mandated. apprentice contracts. Apr-22 Compensation Social Security and Other Benefits The factory did not collect workers’ Collect workers’ contributions for The factory will organize an awareness 33 contributions for OFATMA Maternity OFATMA Maternity and Health day with OFATMA to explain to the and Health insurance. The calculation insurance on the average salary, workers the process of starting with the is inaccurate and payments are made include the lunch break payment and contribution of the payment of late consistently. forward it on time. maternity and health Apr-22 Compensation Social Security and Other Benerfits The calculation for ONA payment is Calculate ONA contributions on the 33 inaccurate and payments are made average salary, include the lunch late consistentiy. break payment and forward it on time. Apr-22 Compensation Social Security and Other Benefits Inaccurate annual salary supplement Calculate annual salary supplement 14 or bonus payments. or bonus payment based on worker's average daily earnings. Apr-22 Compensation Social Security and Other Benerfits Inaccurate payments for OFATMA Keep records of the salary statement … The factory pays OFATMA the 33 accident insurance sent to OFATMAPay OFATMA work remaining balance for the fiscal year related accident on time. 2021-2022. Apr-22 Compensation Paid Leave The factory pays workers incorrectly The factory needs to pay all types of 14 for all types of paid time leave: leave based on workers average daily earnings by including the lunch break payment. Apr-22 Compensation Paid Leave The lunch break is not compensated Pay the daily lunch break accurately 33 in the payroll. to all workers Apr-22 Compensation Paid Leave Inaccurate payment for maternity Calculate the maternity leave 33 leave payment on workers average daily earnings by including the lunch break pavment Apr-22 Compensation Paid Leave Inaccurate sick leave payment. Calculate sick leave on workers 33 average daily earnings by including the lunch break payment. Apr-22 Compensation Paid Leave Inaccurate annual leave payments. Calculate annual leave on workers 14 daily average eamings by including the lunch break payment. Assessment March 2021 [page 58] 57 Mar-21 Working Time Leave Inaccurate maternity leave to pregnant Register for OFATMA maternity and A meeting was made between the park workers. health insurance and ensure that administration and OFATMA about the workers are given 12 weeks of paid registration of all factories around of the maternity leave. park. we are waiting for the confirmation of the protocol agreement between the park and OFATMA to finish with the Mar-21 Working Time Leave Inaccurate Annual leave to workers. Provide workers with 15 days The company had an agreement with vacation after one year of service, as some workers due to an emergency of mandated by the labor laws: production to work some more days 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 Mar-21 Working Time Regular Hours Inaccurate attendance record. The factory needs to implement the The punch system is in function now. all use of the punch system to record workers can punch correctly. 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 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 Preparedness Insufficient number of workers trained … Provide fire safety training to at least The factory has provided first aid Health in the use of fire-fighting equipment. 10 percent of the workforce. training to 245. Mar-21 Occupational Safety and Emergency Preparedness The employer did not conduct at least Conduct emergency fire drill at least In the compliance calendar, we plan to Health 2 emergency drill per year. every six months make a fire drill in June 2021 and another one on December 2021 Mar-21 Occupational Safety and Emergency Preparedness Emergency exit was not adequately Allexits should be properly identified The factory. Health identified and aisles are obstructed and all aisles should be - have removed the exit sign and unobstructed. change the layout of this area - rectified the problem of blocked aisles Mar-21 Occupational Safety and Emergency Preparedness Unmarked escape, missing and All escape routes should be clearly Health outdated evacuation map. map. marked. The evacuation maps should be redone and posted on the work floor Mar-21 Occupational Safety and Emergency Preparedness Fire extinguishers were not properly Provide adequate firefighting All fire extinguishers are correctly Health maintained and some areas were equipment and Ensure regular inspected by American fire every month. missing fire extinguishers maintenance is done. The compliance officer makes à daily check to ensure all fire extinguishers are well inspected The factory makes sure that all fire hoses are accessible and in good condition. Mar-21 Occupational Safety and Emergency Preparedness Smoke detectors and alarm have not The factory needs to install fire Health been installed in the trim warehouse. detection system in all areas of the workplace. [page 59] 58 Mar-21 Occupational Safety and Health Services and First Aid Insufficient number of workers trained_… Train at least 10% of the workforce in The factory has been provided first aid Health in first aids. first aids training to 248. Mar-21 Occupational Safety and Health Services and First Aid Missing supplies in first aid boxes Inspect and replenish the first aid The factory has already assigned à Health 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 anv nille ta workers Mar-21 Occupational Safety and Health Services and First Aid The factory does not have an onsite Ensure that medical services are The industrial park has an onsite Health medical facilities and staff as required available during working hours medical facility as required by the law by art. 478 and 479 of the labor code. including during night shift. on Free Zone Mar-21 Occupational Safety and Health Services and First Aid Free annual medical checks was not Arrange free annual medical checks A meeting occurred between the park Health provided to workers. 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 Mar-21 Occupational Safety and Health Services and First Aid Free health checks was not provided Provide health checks to workers The medical checks for workers exposed Health to workers exposed to work-related exposed to work-related hazards at to work-related hazards has been hazards. least twice a year. carried out. Mar-21 Occupational Safety and Health Services and First Aid Health checks was not provided to Provide health checks to workers A meeting occurred between the park Health workers within the first three months within the first three months of administration and OFATMA about the of hiring. 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 Mar-21 Occupational Safety and Welfare Facilities Eating area is not adequate to The factory needs to find an Health accommodiate 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. Health Mar-21 Occupational Safety and Working Environment Light levels were inappropriate in all Ensure the lighting is adequate and Health the working sections. adapted to worker's needs. Mar-21 Occupational Safety and Working Environment Workplace temperatures levels are Monitor the temperature level and Health unacceptable 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 distance is Health factory. respected within the workplace. Mar-21 Occupational Safety and Worker Protection Hazard warning signs missing on Post hazard signs on all electrical The electrician has properly maintained Health electrical panels. 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 are The electrician has properly maintained Health system of the factory. properly maintained. the electrical panels. [page 60] 59 Mar-21 Occupational Safety and Worker Protection The printing machines are missing The factory needs to ensure that all Health pulley guards. machine have the proper safety guards. Mar-21 Occupational Safety and Worker Protection Several chairs without backrests in the The factory needs to provide chairs Health sewing areas and standing mats were with backrest to all workers, tables not available to all workers. 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 proper Health appropriate PPE to all workers PPE to all workers using chemical products. Mar-21 Occupational Safety and Chemicals and Hazardous Substances Eyewash stations are missing in two The factory needs to install eyewash Health areas of the workplace. station in all areas where chemical products are used Mar-21 Occupational Safety and Chemicals and Hazardous Substances The factory does not provide training The factory needs to provide Training was provided to all workers Health for workers and supervisors using chemical safety training to all using chemical products, including chemicals in the spot cleaning area workers and supervisors that are supervisors. using chemical products Mar-21 Occupational Safety and Chemicals and Hazardous Substances The factory does not have appropriate The factory needs to have an Health spot cleaning area. isolated area for spot cleaning and ensure that the vacuum machine are working properly. They also need to provide PPE for all workers in the section Mar-21 Occupational Safety and Chemicals and Hazardous Substances MSDSSs are not available in local Translate MSDS in the local language Health language for all chemicals used in the and post them where chemical workplace products are used Mar-21 Occupational Safety and Chemicals and Hazardous Substances Chemical and hazardous substances Label all chemicals and hazardous Health are not properly labelled substances used in the workplace. Mar-21 Occupational Safety and Chemicals and Hazardous Substances Inventory of chernicals and hazardous Update inventory of chemicals and Health substances is not updated! hazardous substances in the workplace Mar-21 Occupational Safety and OSH Management Systems The factory does not record and The factory needs to record and Health submit work-related accidents to submit work related accidents to OFATMA monthly. OFATMA on à monthly basis. Mar-21 Contract and Human Termination The factory did not provide the The factory needs to keep an Factory explained that the files are kept Resources number of terminated workers’ files accurate filing system so requested in the CODEVI administration building, requested documents can be submitted in a They will request copies of all file timelv manner. Mar-21 Contract and Human Employment Contracts The factory does not have an internal The factory need to develop the Resources work rules approved by the Ministry of internal regulations and submit the Labor. document to the Ministry of Labor for avoroval. Mar-21 Contract and Human Employment Contracts Apprentice contracts were not Management needs to submit the Resources approved as legally mandated apprentice contract to the Ministry of Labor for Approval [page 61] 60 Mar-21 Compensation Social Security and Other Benefits Inaccurate annual salary supplement _ Calculate annual salary supplement or bonus payments. or bonus payment based on worker's average earnings Mar-21 Compensation Social Security and Other Benefits The factory is not affiliated to Register with OFATMA for maternity OFATMA for maternity and health and health insurance and submit insurance. employer's contribution regularly. Mar-21 Compensation Social Security and Other Benefits The factory is not affiliated with Register with OFATMA for maternity OFATMA for maternity and insurance. and health insurance. Collect and forward workers’ contribution to OFATMA regularly. Mar-21 Compensation Social Security and Other Benefits No proof of payment to OFATMA for The factory needs to make the Factory submitted roof of payment to work related accident for the fiscal payment for OFATMA accident OFATMA for work related accident year 2020-2021 insurance on time and keep the insurance. records. Mar-21 Compensation Social Security and Other Benefits ONA's deduction collected on workers Include the lunch break payment in is inaccurate and payments are made the calculation for workers’ late consistentiy. contribution and forward it to time to ONA Mar-21 Compensation Social Security and Other Benefits The calculation of ONA is inaccurate Include the lunch break payment in and payments are made late the calculation for workers consistently contribution and forward on time to ONA. Mar-21 Compensation Paid Leave The factory pays workers incorrectiy The factory needés to pay all types of for all types of paid time leave and leave based on worker's average lunch break is not compensate. earnings by including the lunch break payment Mar-21 Compensation Paid Leave The lunch break is not compensated Pay the daily lunch break accurately in the payroll to all workers. Mar-21 Compensation Paid Leave Inaccurate payment for maternity The factory needs to register with leave. 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 workers daily average earnings by including the lunch break payment. Mar-21 Compensation Paid Leave Inaccurate annual leave payments. Calculate the annual leave on workers daily average earnings by including the lunch break payment Mar-21 Compensation Wage Information, Use and Deduction Inaccurate Payroll records. Ensure that accurate information regarding the hours worked are displayed in the payroll. Mar-21 Compensation Minimum Wages/Piece Rate Wages Sometimes workers do not receive full Management needs to make sure payment due to the bank, which is not that the payroll is done accurately. sending sufficient bill denomination. [page 62] 61 BETTER WORK HAITIAI - 24TH SYNTHESIS REPORT Factory: Centri Group S.A. Location: Arrondissement de Port-au-Prince Number of workers: 685 Date of registration: Oct-18 Date of last two Better Feb-21 Mar-22 Work assessments: Advisory and Training Services 5-May-22 Virtual advisory meeting Virtual OSH tour to validate pending issues, meeting with the compliance team to review the improvement plan and identify the root causes. Session on first progress report. 22-Feb-22 Virtual advisory meeting Virtual OSH tour on chemical handling and emergency preparedness. Session with the compliance team on chemical management procedure, Internal training plan. Documentations review: Annual leave and bonus, OFATMA work related accidents, water test and Fire drills. 18-Feb-22 Virtual advisory meeting Meeting with OSH committee members to explain the role of the bipartite committee. Identify the factory training needs and OSH self diagnosis. 10-Dec-21 Training Virtual FOA training. 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 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. DETAILS OF NON IMPROVEMENT ASSESSMENT COMPLIANCE CLUSTER COMPLIANCE POINT COMPLIANCE PRIORITIES REMEDIATION EFFORTS MONTHS Assessment March 2022 Mar-22 Occupational Safety and Minimum Wages/Piece Workers are not compensated Review and update the 3 Health Rate Wages properly when they are sent internal regulations. Pay the home early for not achieving the minimum wage to workers. required quota. [page 63] 62 Mar-22 Compensation Social Security and Other The factory did not send the Keep records of the invoice The factory has paid OFATMA for 16 Benefits salary statement to OFATMA for received from OFATMA. the fiscal year 2021-2022 work related accident for the Pay OFATMA work related fiscal year 2021-2022, prior to accident on time. the assessment and therefore did not receive an invoice for the current fiscal year. Mar-22 Occupational Safety and OSH Management Systems At the time of the assessment Keep records of the The internal assessment is done on 3 Health visit, the factory did not share assessment result a monthly basis and records are any evidence of assessments shared with the advisor. performed on general occupational safety and health in the factory. Mar-22 Occupational Safety and OSH Management Systems The factory did not do any Develop annual OSH 3 Health general occupational safety and assessment plan. health assessments and meetings to ensure cooperation between workers and management in the workplace 2e AE Harnnere Mar-22 Occupational Safety and OSH Management Systems The factory did not share any Request a building safety 3 Health structural safety certificate, certificate from the city. certifying the structure of the building meets the safety requirements for an industrial structure. Mar-22 Occupational Safety and Chemicals and Hazardous The chemical inventory was not Review and update the The procedure has been reviewed 3 Health Substances accurate and did not include the chemical management and the factory management kept a name of all chemicals used in procedure. daily inventory for each products in the workplace. Update the chemical the workplace. inventory on a regular basis. Mar-22 Occupational Safety and Chemicals and Hazardous Unlabelled containers of Diesel Provide additional training Additional training are provided to 35 Health Substances in the workplace. for workers and supervisors workers and the daily checklist has Review and update the been reviewed. internal audit procedure. Mar-22 Occupational Safety and Chemicals and Hazardous MSDS are not available for all Prepare and post MSDS The MSDS have been translated and 35 Health Substances chemical and hazardous where chemicals are used posted. substances used in the and stored. workplace. [page 64] 63 Mar-22 Occupational Safety and Chemicals and Hazardous The spot cleaning area does not Provide (better) exhaust 3 Health Substances have the proper conditions to ventilation and relocate the prevent unnecessary exposure spot cleaning area. of workers to chemicals as it is not an isolated area. Mar-22 Occupational Safety and Worker Protection Management has not provided Provide employees with all 16 Health all necessary PPESs to workers. necessary personal protective clothing and equipment according to PPE regulation. Mar-22 Occupational Safety and Worker Protection During the factory tour, Insulate the exposed 16 Health assessors observed that the electrical wires, train electrical installation was not supervisors and workers properly maintained, wires were about electrical hazards & not correctly installed. the need to report hazards for reparation. Mar-22 Occupational Safety and Worker Protection The factory did not provide any Develop a training plan, 3 Health training records an/or then provide training to awareness provided to all workers on COVID-19 workers and staff of the measures adopted to prevent the risks of exposure to Covid- 1a Mar-22 Occupational Safety and Worker Protection The factory does not Check all workers’ and 20 Health systematically check all workers’ visitors’ body temperature and visitors’ body temperature upon entry and keep a upon entry. registry for all persons who present a temperature of 38C and above. Mar-22 Occupational Safety and Working Environment The light level is insufficient in Increase the light level to 3 Health the workplace. reach 300 lux in Pressing section, 500 lux in Sewing, cutting, packing. 750 lux in trimming, Inspection section Mar-22 Occupational Safety and Welfare Facilities Insufficient number of Toilets. Increase the number of 35 Health toilet to have at least one toilet for every 25 men and one toilet for every 15 women. Mar-22 Occupational Safety and Welfare Facilities Soap was not available in the Provide soap dispensers for 3 Health toilets. the toilets. [page 65] 64 Mar-22 Occupational Safety and Health Services and First Management did not share Discuss the legal 35 Health Aid evidence that medical checks requirements with the were provided to workers within : General Manager. Pay the their first three months of hiring. health cards Mar-22 Occupational Safety and Health Services and First Management shared evidence Discuss the legal 35 Health Aid that medical checks were requirements with the provided once a year to workers General Manager. Ensure exposed to work related that workers exposed to hazards. work related hazards receive a medical check at least twice a year. Mar-22 Occupational Safety and Health Services and First Management shared evidence Discuss the legal 35 Health Aid that annual medical checks were requirements with the provided to 5 percent of the General Manager workers. Pay the health cards. Mar-22 Occupational Safety and Health Services and First Insufficient medical staff. Hire additional medical staff 35 Health Aid to have at least 3 nurses for the current workforce. Mar-22 Occupational Safety and Health Services and First All first aid boxes were empty. Equip the first aid boxes 16 Health Aid and define responsibility for refilling them. Mar-22 Occupational Safety and Health Services and First The total number of workers Include First Aid training in 16 Health Aid trained in first aid is less 10 the OSH training plan. percent of the workforce as Ensure that at least 10 recommended by Better Work. percent of the workforce is trained in first aid. Mar-22 Occupational Safety and Emergency Preparedness The factory does have a Specify who is in charge of A checklist has been developed and 3 Health functioning alarm system. regularly checking the alarm the alarm is working properly. system and include this in the system of daily-weekly checks. Mar-22 Occupational Safety and Emergency Preparedness Four fire extinguishers were Review and update the 16 Health missing including the one on the internal audit procedure. forklift. Mar-22 Occupational Safety and Emergency Preparedness The escape routes are not clearly Update the evacuation 16 Health marked. The meeting point need map. Then Paint to be relocated and the evacuation arrows and signs evacuation plans should be on the factory floor. updated to accurately reflect the layout of the building. [page 66] 65 Mar-22 Occupational Safety and Emergency Preparedness During the factory tour, Provide more trainings to 35 Health assessors observed that several worker and provide aisles were obstructed. additional space for storage. Mar-22 Occupational Safety and Emergency Preparedness The last fire drill was conducted Conduct at least 2 16 Health in March 2022, and the one emergency drill per calendar before that, in June 2021. year. Insert the drills in the OSH annual training plan. Mar-22 Occupational Safety and Emergency Preparedness The total number of workers Include fire fighting training 16 Health trained in fire-fighting is less 10 in the OSH training plan. percent of the workforce as Ensure that at least 10 recommended by Better Work. percent of the workforce is trained in first aid. Assessment February 2021 Feb-21 Occupational Safety and Worker Protection The factory checks all workers Assign someone to update A check list has been created to Health and visitors body temperature the registry and register worker with temperature upon entry but does not keep a Keep records of over 38 degree C. registry for all persons who temperature of 38 C and present a temperature of 38C above. and above. Feb-21 Occupational Safety and OSH Management Systems The factory does not have a Implement a checklist to A checklist has been implemented Health 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 factory. Feb-21 Occupational Safety and OSH Management Systems The factory does not have an Review and update the The compliance team reviewed the Health appropriate COVID-19 Procedure. COVID-19 protocol to comply with epidemic/pandemic protocol the suggestions. 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 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 all The Stock keeper is in charge of Health heights do not have PPE. Most necessary personal providing and renewing the PPESs. workers do not use their masks protective clothing and to prevent the risks of exposure equipment according to toCOVID-19. PPE regulation. [page 67] 66 Feb-21 Occupational Safety and Welfare Facilities The water test results revealed Request information from The factory management decided Health the presence of colonies after 48 the supplier on the to have another supplier. The hours up to 65/ml. specifications and Compliance manager is in charge of Provide safe drinking water the monthly water test. to workers. Feb-21 Occupational Safety and Welfare Facilities Insufficient number of Toilets. Increase the number of Health toilets. Feb-21 Occupational Safety and OSH Management Systems The factory does not record and Assigns someone to record The work related accidents are sent Health submit work related accidents to and submit work related to OFATMA each month starting OFATMA on a monthly basis. accidents on a monthly from march 2021. basis. Feb-21 Occupational Safety and Health Services and First Less than 10 percent of the Provide additional training Additional training has been Health Aid workforce trained in first aid. on first aid. conducted. Feb-21 Occupational Safety and Health Services and First Two first aid boxes are missing Equip the first aid boxes The first aid Boxes has been Health Aid supplies. and define who is equipped. The Compliance manager responsible to check them. is in charge of the verification on a Have a daily-weekly check daily basis. list. Feb-21 Occupational Safety and Health Services and First Onsite medical facilities and Hire the required medical Health Aid staff is insufficient. staff. Feb-21 Occupational Safety and Health Services and First Annual medical checks are not Provide health checks at The health cards has been paid for Health Aid provide to all workers. not cost for workers. the fiscal year 2019-2020. OFATMA came on February 20721 for the medical check. Feb-21 Occupational Safety and Health Services and First The factory did not show Provide health checks twice The Medical check has been Health Aid evidence of medical checks for a year at not cost to workers conducted on February 2021. The workers who are exposed to who are exposed to work- Next medical check is scheduled for work-related hazards. related hazards. August 2021. Feb-21 Occupational Safety and Health Services and First Management did not share Pay the CDS and provide The Payment for the fiscal year Health Aid evidence that medical checks free health checks to 2020-2021 has been done. were provided to workers in their workers. first three months of hiring. Feb-21 Occupational Safety and Emergency Preparedness The last fire drill was conducted Conduct at least 2 2 emergency drill has been Health in July 2020, and the one before emergency drill per calendar conducted for the past 12 months. that, in November 2019. year every 6 months. Feb-21 Occupational Safety and Emergency Preparedness Evacuation routes is obstructed Provide more trainings to A training has been prepared to Health during working hours. worker and provide remind the importance of having additional space for storage. the routes free of obstruction. [page 68] 67 Feb-21 Occupational Safety and Emergency Preparedness The escape routes are not clearly Update the evacuation The evacuation arrows has been Health marked. The meeting point need map. Then Paint painted. Yellow line has been to be relocated and the evacuation arrows and signs painted to show exit path way. evacuation plans should be on the factory floor. updated to accurately reflect the layout of the building. Feb-21 Occupational Safety and Emergency Preparedness one fire extinguisher was Provide adequate A daily checklist has been Health undercharged in the forklift firefighting equipment. implemented to verify the condition machine. of the equipment. Feb-21 Occupational Safety and Emergency Preparedness Fire detection and alarm system Have a fire detection and The Alarm system has been verified Health 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 Hazardous The eyewash station was not Provide eye washing station Two eye wash stations have been Health Substances available in the mechanic shop or eye wash bottles where installed. where chemicals are used. chernicals are used Feb-21 Occupational Safety and Chemnicals and Hazardous MSDS are not available for all Prepare and post MSDS The MSDS have been translated and Health Substances chemical and hazardous where chemicals are used. posted. substances used in the workplace. Feb-21 Occupational Safety and Chemicals and Hazardous Chemicals and hazardous Label all chemical and All containers in use have been Health Substances substances were not properly hazardous substances used labelled. labelled in the workplace. in the workplace are. Feb-21 Contract and Human Employment Contracts The factory has an internal work Include the break time and The update has been done in the Resources rules approved by the Ministry payroll time in the internal Internal work rules. of Labor. However, the break work rules. time and payroll time, are not included in the internal work rules. Feb-21 Contract and Human Employment Contracts The factory's internal security Have an agreement with the The factory has an agreement with Resources officer did not receive the entire workers and request the internal security agent to receive annual leave after one year of authorization from MAST. their Annual leave in a different service. period. Feb-21 Compensation Social Security and Other The factory did not provide Discuss legal requirement The factory is affiliated with Benefits proof of salary statements to with the company General OFATMA for accident insurance and OFATMA for the payment of Manager. Ensure that made the payments for the fiscal the fiscal year 2020-2021 work payment is made in a year 2020-2021. related accident insurance. timely manner [page 69] 68 BETTER WORK HAITI - 24TH 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 25-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. 21-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. DETAILS OF NON ASSESSMENT COMPLIANCE CLUSTER COMPLIANCE POINT COMPLIANCE IMPROVEMENT PRIORITIES REMEDIATION EFFORTS MONTHS Assessment November 2021 Nov-21 Occupational Safety and Emergency Preparedness Obstructed aisles in building 14 of Keep aisles free of any 8 Health the factory. obstruction. Nov-21 Occupational Safety and Emergency Preparedness Unmarked escape routes. Mark all evacuation routes. 33 Health Nov-21 Occupational Safety and Health Services and First Aid No first aid boxes available in Install at least one first aid box in 8 Health building where workers are each Building. present. Nov-21 Occupational Safety and Health Services and First Aid Insufficient doctor's visit. Have a permanent onsite 8 Health medical 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 40 Health men. toilets for men and women. Nov-21 Occupational Safety and Working Environment Insufficient level of lighting. Ensure adequate light levels in all 40 Health production areas. Nov-21 Occupational Safety and Working Environment Inadequate temperature levels. Keep temperature at an Factory installed new fans. 47 Health acceptable level in all production areas. [page 70] 69 Nov-21 Occupational Safety and Chemicals and Hazardous Spot cleaning section where Isolate the use of chemicals in 33 Health Substances chemical products are used, is too the workplace close to the sewing section. Nov-21 Occupational Safety and Chemicals and Hazardous The chemical inventory was not Update the chemical inventory 8 Health Substances accurate and did not include all accordingly. chemicals used in the workplace. Nov-21 Contracts and Human Employment Contracts The factory's internal work rules Update the internal work rules 8 Resources does not include the payroll date and add payroll date and time and time. Nov-21 Contracts and Human Employment Contracts Payment notice upon termination Pay the lunch break and include 33 Resources does not include lunch break it in the calculation of all payment. payments. Nov-21 Compensation Social Security and Other The calculation for annual salary Pay the lunch break and include 33 Benefits supplement or bonus does not it in the calculation of all include the lunch break payment. payments. Nov-21 Compensation Social Security and Other Employer contribution to Pay OFATMA on time and 33 Benefits OFATMA is based on the payment should be based on minimum salary and does not basic salary including the lunch include the lunch break payment. break payment. Nov-21 Compensation Social Security and Other Workers' contribution to OFATMA Pay OFATMA on time and 33 Benefits is based on the minimum salary payment should be based on and does not include the lunch basic salary including the lunch break payment. break payment. Nov-21 Compensation Social Security and Other The employer pays OFATMA 2 Pay 3 percent of workers' salary 27 Benefits percent of the estimated salary for to OFATMA for accident the fiscal year instead of 3 percent insurance. as prescribed by law. Nov-21 Compensation Social Security and Other Late and inaccurate payment for Pay ONA on time and payment 39 Benefits worker's contributions to ONA. should be based on basic salary including the lunch break payment. Nov-21 Compensation Social Security and Other Late and inaccurate payment for Pay ONA on time and payment 39 Benefits employer's contributions to ONA. should be based on basic salary including the lunch break payment. Nov-21 Compensation Paid Leave Incorrect payment for annual Pay the lunch break and include 8 leave, Sick leave and maternity it in the calculation for all leave payments. [page 71] 70 Nov-21 Compensation Paid Leave Lunch break is not compensated. Pay the lunch break and include 8 it in the calculation for all payments. Nov-21 Compensation Paid Leave Maternity leave payment does not Pay the lunch break and include 8 include the lunch break payment. it in the calculation for all payments. Nov-21 Compensation Paid Leave Sick leave payment does not Pay the lunch break and include 8 include the lunch break payment. it in the calculation for all payments. Nov-21 Compensation Paid Leave Annual leave payment does not Pay the lunch break and include 46 include the lunch break payment. it in the calculation for all payments. Assessment March 2020-October 2020 Oct-20 Occupational Safety and OSH Management Systems The factory does not keep a Keep registry for all persons who Health registry for all persons who present a temperature above 38 present a temperature of 38Cand C. above. Oct-20 Occupational Safety and OSH Management Systems Incomplete COVID-19 protocol Keep a registry of body Health according to Bette work Haïti temperatures 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 Preparedness Flammable material observed Do not keep flammable Flammable materials are Health near ignition source. materials (wood) are not exposed now kept away from to an ignition source (light bulb). ignition sources. Mar-20 Occupational Safety and Emergency Preparedness One emergency door was locked. Ensure adequate emergency Health exits (at least two), that leads to a safe meeting point. Mar-20 Occupational Safety and Emergency Preparedness Escape route was not properly Mark all evacuation routes and Health marked. show meeting points on all evacuation maps. Mar-20 Occupational Safety and Emergency Preparedness Undercharged fire extinguishers. Keep all fire extinguishers fully Fire extinguishers are fully Health charged 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 Health per labour code. men and 72 functioning toilets for women as required by the code. [page 72] 71 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 Health based on BW guidelines considering various push & pull systems. Mar-20 Occupational Safety and Worker Protection Flammable material observed Replace the wooden box with Box was replaced as Health near ignition source. non combustible materials. recommended. Mar-20 Occupational Safety and Worker Protection Missing guard on some sewing Install all the required safety Missing guards were Health machines. guards. replaced. Mar-20 Occupational Safety and Chemicals and Hazardous Use of chemicals are not isolated Ensure adequate distance Factory is working on Health Substances very close to the spot cleaning between the sewing section and separators for that section. area. spot cleaning areas. The number of machines & workers are reduced in that area due to COVID-19. Mar-20 Contracts and Human Termination Notice payment not properly Notice payment given to the Resources calculated. workers upon termination should be calculated on the average daily earning. Mar-20 Compensation Social Security and Other Social Security contributions Ensure that OFATMA maternity Factory deducts 3% of Benefits amount not properly calculated. and health insurance workers’ base salary for contributions for workers on any OFATMA maternity and given month is calculated on 3% health insurance. of base salary for that month. Mar-20 Compensation Social Security and Other Late payment for OFATMA Ensure that OFATMA accident Factory currently pay Benefits accident insurance. insurance is paid as per the OFATMA accident invoice or according to any insurance according to payment agreement reached. payment agreement. Mar-20 Compensation Social Security and Other Late payment for employer's ONA Pay employer's contributions to Benefits contributions. ONA by the 1Oth business day of the next month for the previous month. Mar-20 Compensation Social Security and Other Late payment for workers ONA Submit worker's portion of ONA Benefits contributions. contributions within the first 10 business days of the next month for the previous month. [page 73] CS CE [page 74] 73 BETTER WORK HAITI - 24TH SYNTHESIS REPORT Factory: Class International Holdings LTD Location: Ouanaminthe Number of workers: 343 Date of registration: Jan-20 Date of last two Better Mar-21 May-22 Work assessments: Advisory and Training Services 31-May-22 Training Virtual Financial Literacy 5-May-22 Virtual advisory meeting Advisory service to review CIH improvement plan implementation. 10-Feb-22 Advisory meeting Advisory service to review the implementation of the improvement plan. 19-Oct-21 Virtual advisory meeting Meeting with the compliance team for the implementation of a bipartite committee. Review of the improvement plan: Annual leave, working environment, welfare facilities Review of documentations, Breast feeding breaks, compensation COVID-19 Policy. 13-Sep-21 Virtual PICC Meeting Advisory visit to: Review and update the improvement plan. Discuss PRIUpdate on factory situation. 13-Sep-21 Virtual advisory meeting Advisory visit to Review and update the improvement plan Discuss PRI Update on factory situation. 12-Jul-21 Virtual advisory meeting Advisory session with factory management to discuss: How to fill in the missing information in the improvement plan Also to provide general advice on how the improvement plan is working. ASSESSMENT COMPLIANCE CLUSTER COMPLIANCE POINT DETAILS OF NON COMPLIANCE IMPROVEMENT PRIORITIES REMEDIATION EFFORTS MONTHS Assessment May 2022 May-22 Working Time Regular Hours Workers did not punch in and out Ensure that workers are directly Factory is using the punch 1 during COVID and the attendance accountable for effectively system. record is not signed by the workers. recording their own working time. Keep working time records that reflect the actual hours work by workers including overtime. Keep working time records for at least 12 months. Inform supervisors that the work to finish the quota must be recorded as working time; Workers should not punch out & continue working. [page 75] 74 May-22 Working Time Leave Pregnant workers do not go on leave Ensure that pregnant workers go Factory will make sure that 14 6 weeks before giving birth. on leave 6 weeks before childbirth workers go on maternity leave as specified in the Labor Code 6 weeks before giving birth. May-22 Working Time Leave Workers did not receive 15 days of The factory needs to provide Factory will implement the 14 annual leave after one year of workers with 15 days vacation policy as of this year. service, as required by law. after one year of service, as mandated by the labor laws. May-22 Working Time Regular Hours Pregnant workers were not allowed The factory needs to develop a The factory agrees to develop 14 two additional breaks of 30 minutes policy regarding pregnant women the policy for pregnant and each per day. and inform all workers about the post it on the factory floor. policy. Provide the additional breaks to the pregnant women. May-22 Working Time Regular Hours Factory's working hours for all shifts Post working hours including Work hours have been posted 14 including break time are not posted break time in all building were all onthe floor. on the floor. workers can see it. May-22 Occupational Safety and Emergency Preparedness The total number of workers trained Provide training on the use of fire- Factory will implement a 14 Health in fire-fighting is less 10 percent of fighting equipment for at least training plan to train at least 10 the workforce as recommended by 10% of the worker population percent of the workers. Better Work. May-22 Occupational Safety and Emergency Preparedness The factory does not conduct fire Conduct an evacuation drill every Factory will schedule 2 fire drill 14 Health drills every 6 months as 6 months. for the balance of this year. recommended. May-22 Occupational Safety and Emergency Preparedness Obstructed in the sewing area and Ensure that routes are not Products were removed from 14 Health stock area obstructed. Work with OSH the aisles and there was a committee members, supervisors meeting with all of the to perform routine tours of the material leaders to assure they factory. Provide don't do it again. adequate storage space to receive and store materials. Specify who conduct daily weekly May-22 Occupational Safety and Emergency Preparedness The exit door in the new building did 3. Ensure that all exits are identify Signs have been posted on all 1 Health not have exit sign. With proper hazard sign in the exit doors. new building May-22 Occupational Safety and Emergency Preparedness Escape routes are not clearly Ensure that escape routes are Evacuation routes were 14 Health marked. clearly marked on the old redesign and post it in all areas building's floor plan. Post updated evacuation plans for all buildings [page 76] 75 May-22 Occupational Safety and Emergency Preparedness Fire extinguishers are not available 1. Install adequate firefighting Factory plans to install new 14 Health in the workplace. equipment in both building. fire extinguishers in the new 2. Ensure regular maintenance building. 3. Work with OSH committees to randomly monitor and make sure that the equipment is in place & functioning May-22 Occupational Safety and Emergency Preparedness The factory does not have any alarm Make sure that both buildings Factory will install a fire 14 Health system and smoke detector install in have functioning alarm system detection system in the both building. and a smoke detector. Specify buildings who is in charge of regularly checking its functioning. Include this in the monthly OSH self- assessment May-22 Occupational Safety and Health Services and First The total number of workers trained 1. Provide additional training on Factory will prepare a training 14 Health Aid in first aid is less 10 percent of the first aid to cover the 10 percent of plan to complete the 10%, talk workforce, as recommended by the workforce to Codie. Better Work. 2. Have a system in place to track trained workers May-22 Occupational Safety and Health Services and First First aid boxes have not been Define responsibility for filling first First aid boxes were installed. 14 Health Aid installed in the new building. aid boxes and checking expired First aids boxes in the old building products. Install are missing products. first aid boxes in new building. Make sure all first aid boxes are inspected regularly. May-22 Occupational Safety and Health Services and First The factory does not have onsite Factory should discussed with The free zone has the medical 14 Health Aid medical facilities and staff as CODEVI administration to have services. required by art. 478 and 479 of the an adequate medical facility labor code. Management expressed capable of attending to its needs, the use the medical facilities of the as required by the labor code. industrial park. May-22 Occupational Safety and Health Services and First The factory did not provide free Provide annual health checks at The factory will work with 14 Health Aid annual medical checks to all not cost for the workers. CODEVI'S clinic to provide the workers. Make the results available to the medical checks. worker. Record when the health check was conducted and when the next health check will take place. Specify who is in charge of monitoring health checks for the workers [page 77] 76 May-22 Occupational Safety and Health Services and First Medical checks was not provided to Provide health checks twice a The factory will work with 14 Health Aid workers exposed to work-related year at not cost for the workers CODEVI'S clinic to provide the hazards. exposed to work-related hazards. medical checks. Make the results available to the worker. Record when the health check was conducted and when the next health check will take place. Specify who is in charge of monitoring health May-22 Occupational Safety and Health Services and First Workers did not receive a medical 1. Provide health checks within The factory will work with 14 Health Aid checks within the first 3 months of their first 3 months of hiring at CODEVI'S clinic to provide the hiring. not cost for the workers 2. Make medical checks. the results available to the worker. May-22 Occupational Safety and Welfare Facilities The drinking water is not tested on a Maintain an adequate supply of We receive the water from a 14 Health monthly basis. water for all workers and ensure certified company that the water is tested on a monthly basis. May-22 Occupational Safety and Worker Protection The factory did check all workers Systematically check all worker's We have the form for the high 14 Health and visitors body temperature upon body temperature upon entry temperature report entry in a systematic way. and keep a registry for all persons who present a temperature of 38C and above May-22 Occupational Safety and Worker Protection The social distance is not respected Ensure that 1.5 meter of distance Factory will continue to do 14 Health in the eating area during the lunch is respected n the eating area awareness raising activities to break, as well during entry and during the lunch break, as well for the workers. leaving. during entry and leaving. The factory needs to raise awareness among workers about the Asnaare nf COIN 10 May-22 Occupational Safety and Worker Protection Most workers do not use their masks 1. Make sure that all workers use Mask is no longer required for 14 Health to prevent the risks to exposure to their mask to prevent the risks of open spaces. COVID-19. exposure to COVID-19. May-22 Occupational Safety and Worker Protection all electrical panels in both buildings Improve the electrical Labelling of all electrical panels 14 Health were missing hazard signs. maintenance and Create a maintenance log. Ensure that the factory conduct more regularly check. Install proper hazard signs on all the alartriral nanale [page 78] 77 May-22 Occupational Safety and Worker Protection Obstructed electrical boxes. Improve the electrical Remove the material and label 14 Health maintenance and Create a the electrical panels so that maintenance log. Ensure that the they are not obstructed again. factory conduct more regularly Aisles are keep clear. Video check. Make tour of factory was conducted sure that the electrical boxes are during advisory to verify this accessible during working hours, point. inchidinn aunctinnn May-22 Occupational Safety and Worker Protection Safety belt were given to worker Provide appropriate PPE where it Factory will provide safety 14 Health doing heavy lifting. is needed for all workers including belts to workers as needed. but not limited to safety belt for workers doing heavy lifting work. Make sure that all workers use their mask to prevent the risks of exposure to COVID-19. May-22 Occupational Safety and Chemicals and Hazardous No eye wash station has been The factory needs to install The eye wash station has been 14 Health Substances installed in the chemical storage of eyewash station in all areas where installed. the factory. chemical products are stored and used. May-22 Occupational Safety and Chemicals and Hazardous The factory did not provide training The factory needs to provide Appoint person and train them 14 Health Substances to people using chemical and chemical safety training to all in the handling of chemical hazardous substances. workers including supervisors that products are using chemical products and hazardous substances. May-22 Occupational Safety and Chemicals and Hazardous The spot cleaning is not in an The factory needs to have an Factory will redesign washing 14 Health Substances isolated area. There is no vacuum isolated area for the spot cleaning station and designate a person machine installed in this area. and ensure that the vacuum responsible for carrying out machines and exhausts are this work. working properly. Ensure the eye wash station in the chemical warehouse is working properly. Train workers on its use. Make sure that the compliance checks on the functioning of the eyewash during the OSH self- assessment May-22 Occupational Safety and Chemicals and Hazardous MSDS was not available for several Identify a person responsible for Complete MSDS folder of 14 Health Substances products found in the workspace. . chemical management. chemical products. The MSDS for each chemical should be available and translate in local language. Clarify responsibility for posting the MSDS in the locations where chemicals are stored and used [page 79] 78 May-22 Occupational Safety and Chemicals and Hazardous The chemical storage area was not Install an eye wash station inthe Complete the construction of 14 Health Substances properly constructed in the factories. facility. Limit access of the chemical warehouse and other workers to the chemical install the safety precautions storage. Provide (better) exhaust ventilation. Provide required PPE6. Post MSDS for all chemical in the storage areas. Assign responsibility for regular May-22 Occupational Safety and Chemicals and Hazardous Unlabelled chemical spray gun Define who is entitled to pour Label has been placed on 14 Health Substances found in the spot cleaning area chemicals in other recipients and spray gun in the washing label them. Review the MSDS to station and chemicals know which pictograms are containers used in the area needed. have been labelled. Factory Properly label chemicals and provided pictures. hazardous substances including name in various languages and May-22 Occupational Safety and Chemicals and Hazardous The factory keeps an inventory of Assign responsible persons for Create chemical reception 14 Health Substances chemicals that is not accurate. updating inventories of procedure. hazardous substances in the various locations where they are stored or used. Include all chemicals used in the workplace in the central inventory. Specify who is in charge of maintaining one central inventory for the company Define who will be responsible for checkine if the inventorv is May-22 Occupational Safety and OSH Management The policy did not establish Review the OSH policy in Factory will plan a meeting 14 Health Systems measurable objectives and consultation with workers and with worker representative to improvement targets It their representatives, to include review the OSH policy. was not developed in consultation the missing elements. with workers and their representatives May-22 Occupational Safety and OSH Management The factory's hazard/risk Revise the hazard/risk Factory will review the 14 Health Systems management and control procedure management procedures to procedure. that includes does not have all the include the following: necessary elements. -A hierarchy of controls that is used to select effective controls - A risk register that drives the ST [page 80] 79 May-22 Occupational Safety and OSH Management No. The factory does not have an The factory need to review the The accident investigation 14 Health Systems accident investigation procedure procedure to includes the procedure is finished. that includes all the necessary steps. necessary steps such as: Root cause analysis Focus on sustainable solutions Implementation of changes in order to avoid reoccurrence Policy must be in the local May-22 Occupational Safety and OSH Management No. The employer does not properly The factory should investigate 14 Health Systems investigates monitors and measures OSH issues through: OSH issues. Regular test, survey and inspections, logging and analysis of violations of procedures. Regular management review of effectiveness of management system including performance on measurable objectives and targets May-22 Occupational Safety and OSH Management No. The factory does not adequatelÿy The factory needs to do the The following actions have 14 Health Systems communicate and implement OSH following: been taken: policies and procedures. Train all joint OSH committee -Posted policies and work members. instructions around the Post policies and work workplace instructions around the - Posted the names of OSH workplace. committee members. May-22 Occupational Safety and OSH Management The employer does not adequately The factory does not conduct the Creation of meeting report file 14 Health Systems assigns accountability for joint OSH Committee meetings and follow-up of generated Occupational Health and Safety to on a monthly basis to address action plans OSH Officer and HR Director. OSH issues. May-22 Contracts and Human Employment Contracts No. The factory does have a Review the procedure in the 14 Resources grievance handling and dispute collaboration with the worker resolution but it is not a written representatives. Have it in a local procedure. language, inform workers about the procedure and post it on the flans May-22 Contracts and Human Employment Contracts The factory has disciplinary and Review the procedure to include a 14 Resources termination procedures that does step by step warning system, the not include all the necessary steps. right to defend oneself prior to termination and to representation during the disciplinary process May-22 Contracts and Human Employment Contracts The employer does not investigates Establish a procedure to 14 Resources violations of HR policies and investigate violations of HR procedures, identifies weaknesses policies. and makes necessary adjustments +o nravent racuirrenre [page 81] 80 May-22 Contracts and Human Employment Contracts The internal work rules are not The factory need to post internal 14 Resources posted on the floor. regulations on the floor and trained staff on how to carry out policies and procedures. May-22 Contracts and Human Employment Contracts The factory has an HR policy that is Have management sign the HR Management will review and 14 Resources not signed by top management. policy. sign the policy. May-22 Occupational Safety and OSH Management The factory does not record and Submit work related accidents to Design a form to report 14 Health Systems submit work related accidents to OFATMA on a monthly basis. accidents to OFATMA and OFATMA on a monthly basis. create a registry folder May-22 Occupational Safety and OSH Management The OSH bipartite committee does Hold regular monthly meeting, 14 Health Systems not meet on a monthly basis. record the minutes of the meeting and share them with committee members May-22 Occupational Safety and OSH Management The employer does not perform an Identify a person responsible for Designate department 14 Health Systems evaluation of general occupational conducting the evaluation. managers to carry out the safety and health issues in the Ensure that the factory perform security audits in the company workplace. an evaluation (OSH self- of the security committee and assessment) of general create an inspection schedule occupational safety and health issues in the workplace on a monthly basic. May-22 Contracts and Human Employment Contracts The factory's internal work rules are Submit the internal work rules to 14 Resources not approved by the Ministry of the Ministry of Labor for proper Labor. authorization. May-22 Compensation Social Security and Other The employer pays workers for 1) Discuss legal requirements with 14 Benefits annual salary supplement or bonus. the General Manager However, the calculation does not 2) Pay the lunch break and include the lunch break payment. include the payment in the annual salary supplement or bonus calculation. May-22 Compensation Social Security and Other The factory has not registered with Work with OFATMA to complete : Management started the 14 Benefits OFATMA for maternity and health the registration process. process. insurance. May-22 Compensation Social Security and Other The payment for OFATMA for 1. Ensure that payment for work Management has an 14 Benefits accident insurance is late and the related accident is made in a agreement with OFATMA to payment for the health Card has is timely manner. pay in two instalments. not included. 2. Ensure that all documentations are available during the evaluation period. [page 82] 81 May-22 Compensation Social Security and Other ONA contributions is based on the 1. The factory needs to calculate The factory management 14 Benefits minimum salary and it is not made ONA contribution based on the stated that all payment are on time. It does not include the average daily earnings. manage by the administration lunch break payment. 2. The factory need to also pay of CODEVI they will follow up the lunch break so it can be on that. included in the average daily earnings. 3. Submit ONA payments on time, within the first 10 working May-22 Compensation Paid Leave The factory pay workers incorrectly The factory needs to apply the Management will discuss the 14 for annual leave, Sick leave, 3*8 law and pay for the lunch issue with CODEVI maternity leave and the daily break. break. Include the payment in the administration calculation for all types of leave. May-22 Compensation Paid Leave The lunch breaks is not Revise the payroll procedures to Management will discuss the 14 compensated in the payroll. ensure that the daily break is issue with CODEVI accurately paid to all eligible administration workers. Communicate the new procedures to all relevant parties. May-22 Compensation Paid Leave The factory only pay six weeks for Work with OFATMA to complete : Management will discuss the 14 maternity leave and the lunch break the registration process. issue with CODEVI payment is not included in the Ensure that workers receive the administration calculation of the average salary.. correct amount of maternity leave payments as required by the labor code. May-22 Compensation Paid Leave The lunch break payment is not Calculate sick leave on worker's Management will discuss the 14 included in the calculation of the daily average earnings as issue with CODEVI average salary payment for sick specified in Art. 148.2. administration leave. Pay the lunch break and include the payment in the sick leave calculation. May-22 Compensation Paid Leave The lunch break payment is not Calculate the annual leave on Management will discuss the included in the calculation of the worker's daily average earnings as issue with CODEVI average salary payment for annual specified in Art. 148.2. administration leave. Pay the lunch break and include the payment in annual leave calculation Assessment March 2021 Mar-21 Child Labour Documentation and Factory management did not shared Factory need to provide all Management explained that Protection of Young any document for foreign workers to documents requested duringthe the park administration has Workers allow assessors to verify the assessment process. the files of foreign workers. reliability of their employment Factory shows evidence about system. corrections that has been made [page 83] 82 Mar-21 Compensation Minimum Wages/Piece Full time Workers in the regular Factory should that all workers According to the Compliance Rate Wages production line were being who are in the regular production officer, corrections has been compensated as apprentice. line receive the correct made and workers already compensation for their work. received they pay. Mar-21 Compensation Paid Leave The factory pay workers incorrectly The factory needs to apply the Management will discuss the for annual leave, Sick leave, 3*8 law and pay for the lunch issue with CODEVI maternity leave and the daily break. break. Include the payment in the administration calculation for all types of leave. Mar-21 Compensation Paid Leave The lunch break payment is not Calculate sick leave on worker's Management will discuss the included in the calculation of the daily average earnings as issue with CODEVI average salary payment for sick specified in Art. 148.2. administration leave. Pay the lunch break and include the payment in the sick leave calculation. Mar-21 Compensation Paid Leave The factory only pay six weeks for Work with OFATMA to complete Management will discuss the maternity leave and the lunch break the registration process. issue with CODEVI payment is not included in the Ensure that workers receive the administration calculation of the average salary.. correct amount of maternity leave payments as required by the labor code. Mar-21 Compensation Paid Leave The lunch breaks is not Revise the payroll procedures to Management will discuss the compensated in the payroll ensure that the daily break is issue with CODEVI accurately paid to all eligible administration workers. Communicate the new procedures to all relevant parties. Mar-21 Compensation Paid Leave The factory pay workers incorrectly The factory needs to apply the Management will discuss the for annual leave, Sick leave, 3*8 law and pay for the lunch issue with CODEVI maternity leave and the daily break. break. Include the payment inthe administration calculation for all types of leave. Mar-21 Compensation Social Security and Other The payment for OFATMA for 1. Ensure that payment for work Benefits accident insurance is late and the related accident is made in a payment for the health Card has is timely manner. not included. 2. Ensure that all documentations are available during the evaluation period. [page 84] 83 Mar-21 Compensation Social Security and Other The factory does not send workers’ Send worker's payslips to The factory makes the Benefits payslips for the last 3 months to OFATMA for maternity and sick payments, but only for six OFATMA for payment of sick and leave. week. Factory will discuss the maternity leave. matte with CODEVI administration. Mar-21 Compensation Social Security and Other ONA contributions is based on the 1. The factory needs to calculate Benefits minimum salary and it is not made ONA contribution based on the on time. It does not include the average daily earnings. lunch break payment. 2. The factory need to also pay the lunch break so it can be included in the average daily earnings. 3. Submit ONA payments on time, within the first 10 working Mar-21 Compensation Social Security and Other The factory has not registered with Work with OFATMA to complete Benefits OFATMA for maternity and health the registration process. insurance. Mar-21 Contracts and Human Employment Contracts A review of worker contracts Submit apprentice contract to the Resources revealed that the apprentice MAST for approval. contracts were not approved by the Ministry of Labor, as legally required. Mar-21 Contracts and Human Employment Contracts The factory does not have an Follow up with the Ministry of The factory's internal work Resources internal work rules approved by the Labor to receive approval for the rules have been submitted to Ministry of Labor. internal work rules. the Ministry of Labor for proper authorization. Mar-21 Contracts and Human Termination The factory pay workers incorrectly The factory needs to apply the Management will discuss the Resources for the applicable notice period 3*8 law and pay for the lunch issue with CODEVI upon termination. break. Include the payment in the administration calculation of the payment for the applicable notice period. Mar-21 Contracts and Human Termination The calculation for the payment of The factory needs to apply the Management will discuss the Resources unused paid annual leave upon 3*8 law and pay for the lunch issue with CODEVI termination is incorrect because it break. Include the payment in the administration does not include the lunch break calculation of the payment for the payment. applicable notice period. Mar-21 Contracts and Human Termination The calculation for the payment of The factory needs to apply the Management will discuss the Resources annual salary supplement or bonus 3*8 law and pay for the lunch issue with CODEVI upon termination is incorrect break. Include the payment in the administration because it does not include the calculation of the payment for the lunch break payment. applicable notice period. [page 85] 84 Mar-21 Contracts and Human Termination Management did not show evidence Factory should inform the Resources of advance notice to the ministry of ministry of any temporary labour for temporary suspension. suspension that will take place. Mar-21 Occupational Safety and OSH Management Management's interviewed revealed Submit work related accident to This non compliance has been Health Systems that work related accident are not OFATMA on a monthly basis cleared. Evidences has been reported to OFATMA monthly. sent. Mar-21 Occupational Safety and Chemicals and Hazardous The chemical product inventory is Keep an updated inventory. Health Substances not accurate. lt does not include all Assign somebody to review the the products used in the workplace. _ inventory on a regular basis. Mar-21 Occupational Safety and Chemicals and Hazardous Several containers of chemical Label all containers of chemical Training has been done for the Health Substances products were found without label. products used in the workplace workers and supervisors. Access has been limited to non authorized workers. Mar-21 Occupational Safety and Chemicals and Hazardous No MSDS were available for Post MSDS where chemical Health Substances chemicals used in the workplace. products are used and stored. Mar-21 Occupational Safety and Chemicals and Hazardous Factory did not provide training for Train all workers who are using Health Substances workers using chemical and chemical and hazardous hazardous substances. substances in the use and handling of such products. Mar-21 Occupational Safety and Chemicals and Hazardous The eye wash station does not Install a functioning eye wash Health Substances function properly. station where chemical and hazardous substances are used and stored. Mar-21 Occupational Safety and Worker Protection 20 percent of the single needle Install eye guards on all sewing Correction has been done. Health machines were missing finger machines. Evidence has been sent. guards. Mar-21 Occupational Safety and Worker Protection The factory did not check the body Check all workers’ and visitors’ Health temperature of all workers as well as body temperature upon entry the visitors. and keep a record for those who have a body temperature of 38C or above Mar-21 Occupational Safety and Working Environment Workplace temperature is above the Install fans or a cooling system to Health recommended 30C. maintain the temperature at 30C or below. Mar-21 Occupational Safety and Working Environment Light level is unacceptable. Improve the lighting system to Health provide better lighting for the workers. Follow Better work's recommended lighting levels. [page 86] 85 Mar-21 Occupational Safety and Welfare Facilities The drinking water is not tested on a Maintain an adequate supply of Health monthly basis water for all workers and ensure that the water is tested on a monthly basis. Mar-21 Occupational Safety and Health Services and First Workers did not receive the health Follow up with OFATMA to Health Aid cards within the first 3 months of provide the medical test as well hiring, although the factory paid for as the health card. the health card (CDS). Mar-21 Occupational Safety and Health Services and First Medical checks was not provided to Provide health checks twice a The factory will work with Health Aid workers exposed to work-related year at not cost for the workers CODEVI'S clinic to provide the hazards. exposed to work-related hazards. medical checks. Make the results available to the worker. Record when the health check was conducted and when the next health check will take place. Specify who is in charge of monitoring health Mar-21 Occupational Safety and Health Services and First The factory did not provide free Provide annual health checks at The factory will work with Health Aid annual medical checks to all not cost for the workers. CODEVI'S clinic to provide the workers. Make the results available to the medical checks. worker. Record when the health check was conducted and when the next health check will take place. Specify who is in charge of monitoring health checks for the workers Mar-21 Occupational Safety and Health Services and First The factory does not have onsite Factory should discussed with The free zone has the medical Health Aid medical facilities and staff as CODEVI administration to have services. required by art. 478 and 479 of the an adequate medical facility labor code. capable of attending to its needs, 26 reauired hv the lahar rade Mar-21 Occupational Safety and Health Services and First First aid boxes contained expired Develop a checklist for the first Health Aid products. aid boxes. Assign somebody to inspect them on a daily basis. Mar-21 Occupational Safety and Health Services and First Less 10 percent of the workforce is Provide training to at least 10 Factory will develop a training Health Aid trained in first aid as recommended percent of the workforce. plan. by Better Work. Mar-21 Occupational Safety and Emergency Preparedness The factory does not have any alarm Install the proper fire detection Health system and smoke detector install in system in the workplace. both building. [page 87] 86 Mar-21 Occupational Safety and Emergency Preparedness Improper maintenance of fire Factory needs to develop a Factory will develop a Health extinguishers. maintenance plan and inspect maintenance schedule the fire extinguishers on a monthly basis. Yearly maintenance to be done by a certified company. Mar-21 Occupational Safety and Emergency Preparedness The evacuation plan is inaccurate. Update the evacuation plan and Health post it on the floor. Mar-21 Occupational Safety and Emergency Preparedness Obstructed aisles in cutting area and Keep all aisles free of obstruction. Health Fabric warehouse by fabric. Mar-21 Occupational Safety and Emergency Preparedness Fire drills are not conducted every 6 Conduct fire drills every six Health months as recommended by Better months. Work. Mar-21 Occupational Safety and Emergency Preparedness Less than 10 percent of workers were Provide training to at least 10 Factory will develop a training Health trained in the use of fire-fighting percent of the workforce in the plan. equipment. use of fire fighting equipment. Mar-21 Working Time Regular Hours The regular working hours exceed Review the work rules to ensure the legal limit. that regular working hours do not exceed the 48 hour legal limit. Mar-21 Working Time Regular Hours Workers did not punch in and out Ensure that workers are directly They stopped using the punch and the attendance record is not accountable for effectively system during COVID, but signed by the workers. recording their own working time. they will start using it again Keep working time records that once they set it Up. reflect the actual hours work by workers including overtime Keep working time records for at least 12 months. Mar-21 Working Time Leave Workers did not receive 15 days of The factory needs to provide annual leave after one year of workers with 15 days vacation service, as required by law. after one year of service, as mandated by the labor laws. Mar-21 Working Time Leave Pregnant workers do not go on leave Ensure that pregnant workers go Factory will make sure that 6 weeks before giving birth. on leave 6 weeks before childbirth workers go on maternity leave as specified in the Labor Code 6 weeks before giving birth. Mar-21 Contracts and Human Employment Contracts The factory has an HR policy that is Have management sign the HR Management will review and Resources not signed by top management. policy. sign the policy. Mar-21 Contracts and Human Employment Contracts The internal work rules are not The factory need to post internal Resources posted on the floor. regulations on the floor and trained staff on how to carry out policies and procedures. [page 88] 87 Mar-21 Contracts and Human Employment Contracts No. The employer does not properly The factory should investigate Resources investigates monitors and measures OSH issues through: OSH issues. Regular test, survey and inspections, logging and analysis of violations of procedures. Regular management review of effectiveness of management system including performance on measurable objectives and Mar-21 Contracts and Human Employment Contracts The factory has disciplinary and Review the procedure to include a Resources termination procedures that does step by step warning system, the not include all the necessary steps. right to defend oneself prior to termination and to representation during the disciplinary process. Mar-21 Contracts and Human Employment Contracts No. The factory does have a Review the procedure in the Resources grievance handling and dispute collaboration with the worker resolution but it is not a written representatives. Have it in a local procedure. language, inform workers about the procedure and post it on the floor. Include clear options for submitting grievances and follow Mar-21 Occupational Safety and OSH Management No. Management did not properly Management should appoint an Health Systems assigns accountability at the level of OSH officer with sufficient management and OSH committee expertise and make sure that the for carrying out Health and Safety committee is functioning by responsibilities holding regular monthly meetings. Mar-21 Occupational Safety and OSH Management The factory does not adequately The factory needs to train the Health Systems communicate and implement OSH committee members on relevant policies and procedures. OSH issues, post the OSH policy on the floor and post the names and pictures of committee mamhare Mar-21 Occupational Safety and OSH Management No. The employer does not properly The factory should investigate Health Systems investigates monitors and measures OSH issues through: OSH issues. Regular test, survey and inspections, logging and analysis of violations of procedures. Regular management review of effectiveness of management system including performance on measurable objectives and targets [page 89] RE SE [page 90] 89 BETTER WORK HAITI - 24TH 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 31-May-22 Training Virtual Financial Literacy. 6-May-22 Virtual advisory meeting Virtual meeting with the compliance team for the implementation of a bipartite committee. Review the improvement plan: Annual leave, working environment, welfare facilities. Review of documentations Breast feeding brakes, Annual leave, compensation and COVID-19 Policy. 28-Apr-22 Training Virtual OSH Event Workshop. 25-Mar-22 Virtual advisory meeting Virtual OSH tour to validate pending issues: emergency preparedness. Meeting with the OSH committee to identify the training needs and review the last assessment report. Meeting with Management to determine a work strategy for the cycle, Follow-up on the first Progress Report, Implementation of the bipartite committee and factory payroll system 8-Dec-21 Training Virtual Sexual Harassment Awareness and Prevention. 22-Oct-21 Virtual 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 Virtual 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. ASSESSMENT COMPLIANCE CLUSTER COMPLIANCE POINT DETAILS OF NON COMPLIANCE IMPROVEMENT PRIORITIES REMEDIATION EFFORTS MONTHS Assessment November 2021 Nov-21 Working Time Leave Workers received 12 days of annual Provide 15 days of annual leave to 7 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 Working hours on Sunday are 7 computed nor displayed in the payroll. displayed in the payroll. recorded in the payroll. [page 91] 90 Nov-21 Working Time Regular Hours The regular working hours are from Revise the internal regulations and 7 7:00 AM to 4:00 PM (including a 1 make sure that the regular hours do hour daily break), (6) days per week, not exceed 48 hours per week. which is equivalent to 9 hours per day and 54 hours per week. Nov-21 Occupational Safety and Emergency Preparedness Sources of ignition are not properly Provide additional training to 64 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 Additional space have been 27 Health routes. responsibility to enforce OSH in identified and also the factory their area. Review and update the is using containers to stored internal audit procedure. finished products. Nov-21 Occupational Safety and Emergency Preparedness Escape routes are not clearly marked Paint evacuation arrows and yellow 27 Health in one building. 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 obstructed Set up additional workshop for 48 Health 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 The factory hired 6 additional 27 Health Aid have at least 10 nurses for the nurses. The medical staff has current workforce. 10 nurses Nov-21 Occupational Safety and Health Services and First Workers did not received an annual Discuss the legal requirements with 63 Health Aid health check performed by OFTAMA the General Manager. Pay for the as prescribed by law. health card. Provide free annual health checks to all workers. Nov-21 Occupational Safety and Health Services and First Newly hired workers have not received Pay the health card. keep record of 27 Health Aid the health card nor a free health check the invoice received from OFATMA within the first 3 month of hiring. for work related 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 27 Health have at least one toilet for every 25 men and one toilet for every 15 women. [page 92] 91 Nov-21 Occupational Safety and Working Environment Workplace is not kept free of dust and Have in place a housekeeping plan. 7 Health used material are scattered around. Nov-21 Occupational Safety and Working Environment Light level is insufficient in several Increase the light level to reach 300 7 Health sections. 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 63 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 hazards. 63 Health wiring system. 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 Eye wash bottles have been 7 Health Substances chemicals are used, does not have an audit procedure. Install an eye wash installed where chemicals are adequate eye wash station. station near the spot cleaning area. used and stored. Nov-21 Occupational Safety and Chemicals and Hazardous Unlabelled containers of chemical and Provide additional training for 63 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 7 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 7 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 7 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 a copy Provide a contract to all employees. 27 Resources of the contract. Nov-21 Compensation Social Security and Other The payment calculation for the Pay the lunch break and include the 7 Benefits annual salary supplement or bonus payment in the annual salary does not include the lunch break supplement or bonus. payment. [page 93] 92 Nov-A1 Compensation Social Security and Other The factory collects less than 3 Pay the lunch break and forward 63 Benefits percent of the workers’ basic salary for worker's contribution to OFATMA workers contributions. Furthermore, it within the first 10 business days of does not forward the contribution to the next month for the previous OFATMA for maternity and health month. insurance on time. Nov-21 Compensation Social Security and Other Factory started to pay the employers Pay the lunch break and forward 63 Benefits contribution to OFATMA for maternity employer contribution to OFATMA and health. However, at the time of within the first 10 business days of the assessment visit, only one the next month for the previous payment had been made on 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 63 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 63 Health Benefits collected contribution to ONA on a worker's contribution to ONA within monthly basis. 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 63 Health Benefits not calculated on workers’ average employer contribution to ONA salary and does not include the lunch within the first 10 business days of break payment. 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 7 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. 7 in the payroll. Nov-21 Compensation Paid Leave Workers received 6 weeks of maternity Discuss legal requirements with the 7 leave payments instead of the 12 General Manager. Pay the lunch weeks prescribed by the law. break and include the it in the calculation of the maternity leave payment. [page 94] 93 Nov-21 Compensation Paid Leave Sick leave payments are based on Discuss legal requirements with the 7 average daily earnings. However, the General Manager. Pay the lunch calculation does not include the 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 the 7 and not included in the calculation of : 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 The factory does not have an Review the COVID 19 protocol to Factory has participated in the Health Systems appropriate epidemic/pandemic include the missing points. review of the management protocol related to COVID 19 in place guidelines for COVID 19 and embedded into the larger OSH policy. has started implementing the recommendations. Oct-20 Occupational Safety and Worker Protection Factory does not have an 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 sewing 19. floor. Feb-20 Working Time Regular Hours There are three different working Post the factory's working hours for A standard format has been hours posted in the cafeteria and two all shifts, and displayed on the notification of them did not include the break including break times. board. The working hours are time. posted. Feb-20 Working Time Regular Hours The regular working hour in the Clarify the regular working hour in Working hours are posted on internal work rules is different than the internal work rules. Inform trade the production floor and in the what is posted on the floor. union members and workers about cafeteria. Union members the changes. have been informed. Feb-20 Occupational Safety and Emergency Preparedness One emergency exit was locked during Keep emergency exits accessible Meeting and awareness raising Health working hours. during working hours. With all managers including the OSH committee has been conducted . 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 is in Health and another one not properly charged. unobstructed . Specify who charge to conduct regular conduct daily weekly checks. checks. The floor is marked in order to prevent fire extinguisher being obstructed. [page 95] 94 Feb-20 Occupational Safety and Health Services and First First aid boxes are missing supplies or Equip the first aid boxes and First aid boxes have been Health Aid have expired inventory. ensure that they are identify. 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 provided to Health Aid provide to all workers. to all workers 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 are exposed to work-related hazards. exposed to work-related hazards. 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 conducted Health interviews, the employer did not workers. and the result is displayed on provide workers with safe drinking 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 on Health recommended limit of 30 C in all from the fans is not blocked. adding more exhaust fan. section. Monitor workplace temperature on a regular basis. Feb-20 Occupational Safety and Worker Protection The employer failed to post Identify electrical installations All electrical panels have been Health appropriate safety warnings in the requiring warning signs. identify with warning signs. workplace. 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 telephone charging station has been implemented. [page 96] 95 Feb-20 Occupational Safety and Worker Protection Several machines are missing the Define who is in charge of installing The mechanic manager is Health safety guards. and regularly maintaining the responsible for 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 backrest Health used in the sewing and cutting backrests to workers. have been provided to sections. workers. Feb-20 Occupational Safety and Worker Protection The employer did not provide Provide employees with all The company Provides PPE to Health employees with all necessary personal necessary personal protective 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 machines The factory has identified an Health Substances assess, monitor, and/or limit workers spot cleaning machines. Isolate the appropriate space for the spot exposure to hazardous chemicals and spot cleaning are from the work cleaning section. substances. floor. 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 properly Health Substances were not properly labelled in the substances used in the workplace labelled. workplace. are. Feb-20 Occupational Safety and OSH Management Workers in the stock room did not Provide weight belts to workers. The factory has distributed Health Systems used the weight lifting belt (PPE) for Raise awareness of supervisors and protective equipment and the heavy lifting. workers about heavy lifting workers acknowledged receipt. equipment (PPE). 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. Feb-20 Contracts and Human Employment Contracts The employment contracts did not Revise the employment contract The Contract was revised and Resources specify the terms and conditions of and specify the hours of work for we specified the hours of work employment. workers. 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. [page 97] 96 Feb-20 Compensation Social Security and Other ONA'Ss deduction collected on workers Calculate the amount of workers" Benefits is based on the minimum salary and it contribution on the base salary and is not forwarded on à monthly basis. submit payments to ONA on time. Feb-20 Compensation Paid Leave Inaccurate payment for maternity Register with OFATMA for leave. maternity and health insurance. [page 98] 97 BETTER WORK HAITI - 24TH SYNTHESIS REPORT Factory: Digneron Manufacturing SA Location Arrondissement de Croix-des-Bouquets Number of workers: 1625 Date of registration Oct-18 Date of last two Better Feb-21 Mar-22 Work assessments: Advisory and Training Services 17-Mar-22 Virtual advisory meeting Meeting with the bipartite committee to present the training plan and discuss about the training needs.2) Meeting with the HR manager to review the payroll and the documentations such as Grievance mechanism, OSH management systems and HR management systems. 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 the bipartite 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 dialc 26-May-21 Virtual advisory meeting Management meeting on the improvement plan. Factory to finalize the progress report. Bipartite Committee meeting to discuss workers’ concern regarding OFATMA and the second wave of COVIDI9 ASSESSMENT COMPLIANCE CLUSTER COMPLIANCE POINT DETAILS OF NON COMPLIANCE IMPROVEMENT PRIORITIES REMEDIATION EFFORTS MONTHS Assessment March 2022 Mar-22 Compensation Social Security and Other Factory made a partial payment for Complete the balance of payment 42 Benefits OFATMA work related accident for the OFATMA work related insurance for fiscal year 2021- 2022. accident insurance. Request the The factory did not pay for the health timeline for the payment of the card (CDS). remaining balance and the invoice for the Health Card (CDS). Mar-22 Compensation Social Security and Other Employer's contributions for OFATMA Submit the employer's portion to Factory is trying to reduce the 38 Benefits maternity and health insurance are OFATMA for maternity and health delay in the payment of OFATMA. submitted late. insurance on time, within for the 10 Last payment was made on May working days of the month. 24 for the month of March 2022. However the security concern is a big challenge. Mar-22 Compensation Social Security and Other Worker's portion of contributions to Submit the worker's portion to Factory is trying to reduce the 38 Benefits OFATMA for maternity and health OFATMA for maternity and health delay in the payment of OFATMA. insurance is submitted late. insurance on time, within for the 10 Last payment was made on May working days of the month. 25 for the month of March 2022. However, the security concern is a big challenge. [page 99] 98 Mar-22 Contracts and Human Employment Contracts The day of the payroll, including time, Update the internal work rules to The employer has notified the 22 Resources is not mentioned in the internal work include the time, day and the hour change in working hours schedule rules as specified in Art. 399 of the of the payroll. Submit the internal to the Ministry of Labor. Labor Code. work rules to MAST for approval. Mar-22 Occupational Safety and OSH Management Systems The factory did not share any structural Provide the certificate certifying 3 Health safety certificate, certifying the that the building meets the safety structure of the building meets the requirements for an industrial safety requirements for an industrial structure. structure. Mar-22 Occupational Safety and Chemicals and Hazardous Assessors found twenty two containers … Label all containers of chemicals The tanks containing diesel have 38 Health Substances without labelling, indicating the used within the factory properly, by been identified. classification hazards and safety indicating the classification hazards precautions and safety precautions. . Mar-22 Occupational Safety and Worker Protection Seven percent of the sewing machines Ensure that sewing machine have 3 Health were observed without pulley guards. all the necessary guards. Mar-22 Occupational Safety and Worker Protection The batteries terminals in the generator Cover the battery terminals located The battery terminals are properly 3 Health room were not covered. in the generator room. covered. [page 100] 99 Mar-22 Occupational Safety and Health Services and First Aid The factory did not pay for the heath Pay the CDS and request that Factory wrote several letters to 38 Health card. As a result OFATMA did not OFATMA provides the necessary OFATMA requesting an invoice for provide any medical checks for workers medical checks. the payment of the health cards. using chemicals. However, no response from OFATMA. Mar-22 Occupational Safety and Health Services and First Aid The factory did not pay for the heath Pay the CDS and request that Factory wrote several letters to 38 Health card. As a result OFATMA did not OFATMA provides the necessary OFATMA requesting an invoice for provide any medical checks for workers medical checks. the payment of the health cards. within the first three months of However, no response from employment. OFATMA. Mar-22 Occupational Safety and Health Services and First Aid The factory did not pay for the health Pay the CDS and request that Factory wrote several letters to 38 Health card. As a result OFATMA did not OFATMA provides the necessary OFATMA requesting an invoice for provide any annual medical checks for medical checks. the payment of the health cards. workers. However, no response from OFATMA. Mar-22 Occupational Safety and Health Services and First Aid The number of nurses is insufficient Hire more nurses to be in 38 Health and does not comply with the Haïtian compliance with the law. Labour Code recommendation. Mar-22 Occupational Safety and Health Services and First Aid Seventy-five percent of first-aid Ensure that 10 percent of the 3 Health trainings are provided by the factory's workforce is trained in first-aid. compliance Officer. However, the Training should be provided by a factory did not share any document to certified first aid trainer. certify that the compliance officer can deliver the training. Mar-22 Occupational Safety and Emergency Preparedness Seven fire extinguishers were missing in Ensure that the fire extinguishers Missing fire extinguisher were 38 Health the workplace. are located as per as the added. indications. Mar-22 Occupational Safety and Emergency Preparedness Assessors observed that escape routes Mark all escape routes. 38 Health are not clearly marked in several areas on the floor. Mar-22 Working Time Regular Hours The factory did not provide the Inform the pregnant workers of the The policy has been updated. The 3 required break to pregnant women. breaks they are entitled to. pregnant women were trained on the new policy. Mar-22 Contracts and Human Employment Contracts Assessors did not find any evidence Improve the management system 3 Resources that the employer takes action to by investigating violations of HR investigate violations of HR policies policies and procedures, identifying and procedures, identify weaknesses weakness and making necessary and make necessary adjustments to adjustments. prevent recurrence. Mar-22 Contracts and Human Employment Contracts The grievance procedure does not Include communication of changes 3 Resources include communication of changes made and proposed resolutions. made and resolutions proposed. [page 101] : Mar-22 Occupational Safety and OSH Management Systems The procedure for accident Include implementation of changes 3 Health investigation does not include in order to avoid reoccurrence in the implementation of changes in order to accident investigation procedure. avoid reoccurrence. [page 102] 101 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 payday and also the payment is made established. The factory will very late on that day until 6pm. monitored the new system for effectiveness. Feb-21 Compensation Social Security and Other Employer's deduction to ONA is Pay within the first 10 business The factory hired a firm to Benefits consistently submitted late. days of the next month for the complete this task of forwarding previous 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 Other Worker's deduction to ONA is Pay within the first 10 business The payment is made within the Benefits consistently submitted late. days of the next month for the first 10 business days of the next previous month. month for the previous month. Factory has contracted an external firm to execute the payment on time. Feb-21 Compensation Social Security and Other Proof of payment for OFATMA Complete the payment for fiscal The factory has sent letter to Benefits accident insurance is unavailable at the 2020-2021. Ensure that CDS is OFATMA asking for the invoice. time of the assessment visit. included in the invoice. Pay the health card.(CDS) Feb-21 Compensation Social Security and Other Employer's contribution for OFATMA Ensure that the monthly payment Factory made the payment within Benefits maternity and health payment is 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 Other Workers deduction to OFATMA is Ensure that the monthly payment The payment is made within the Benefits consistently submitted late. is made within the 10 first working 10 first working days of the days of the following month. following month. Feb-21 Contract and Human Employment Contracts Internal work rules are missing the Update the internal work rules to Resources working hours. include the working hours. Feb-21 Occupational Safety and Chemicals and Hazardous Several unlabelled chemicals found in Label all the chemical used'inthe All containers were properly label Health Substances the workplace. factory. at the time of the assessment visit. An awareness session was organized following the assessment visit with the workers using chemicals. Feb-21 Occupational Safety and Chemicals and Hazardous The chemical storage room was inside Store the chemical in appropriate The chemical room has been Health Substances the premise with no appropriate conditions. relocated outside the premises ventilation. and the room is now properly ventilated surrounded by a fence wall [page 103] 102 Feb-21 Occupational Safety and Worker Protection Electrical wires were not properly Ensure that electrical wires are The electrical wire was removed Health installed in the cafeteria. safeguarded in the cafeteria. during the assessment visit. Feb-21 Occupational Safety and Worker Protection Two electrical panels were missing Place hazard signs on all electrical Management post warning signs 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 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 Health people who presented a temperature present a temperature of 38 C and of 38 C and above. above. Feb-21 Occupational Safety and Welfare Facilities Eating area cannot accommodite all Have an eating area facility that can Health the workers. accommodate the workers with a social distance of 1.5 meters. Feb-21 Occupational Safety and Health Services and First Aid Factory does not provide a health Provide free health checks to Health checks to workers within the first three workers within the first three months of hiring. months of hiring. Feb-21 Occupational Safety and Health Services and First Aid Factory does not provide health each Ensure that workers exposed to Health to workers exposed to work -related work-related hazard receive a hazard. health check every 6 months. Feb-21 Occupational Safety and Health Services and First Aid Factory does not provide annual health Provide free health check to all Health check to all the workers systematically. workers annually. Feb-21 Occupational Safety and Health Services and First Aid Insufficient number of nurses. Hire sufficient medical staff to Health comply with the requirements of the labor code. Feb-21 Occupational Safety and Emergency Preparedness Shipping area is missing a smoke Install a smoke detector in the Health detector. shipping area. [page 104] 103 Feb-21 Occupational Safety and Emergency Preparedness Some fire extinguishers are missing the Ensure that all fire extinguishers All fire extinguishers have their Health inspection tag, have an inspection tag that inspection tag and are properly indicates the inspection dates. maintained. Feb-21 Occupational Safety and Emergency Preparedness The evacuation plan reflected the Update the evacuation map to The shipping area floor is properly Health previous floor layout. reflect the current floor layout. marked. Ensure that the shipping area is properly marked. Feb-21 Occupational Safety and Emergency Preparedness Escape routes blocked by equipment in Ensure that the aisles remain Factory provided training to Health 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 Preparedness One fire drill conducted in 2020. Conduct one fire drill every 6 Last fire drill was conducted in Health months. April 2021. Factory has conducted 2 fire drill for the year. Feb-21 Occupational Safety and Emergency Preparedness Less than 10 percent ofthe workforce … Ensure that 10 percent of the Firefighter provided the training in Health trained in fire fighting equipment. workforce is trained every year in April 2021. Gildan has also trained fire fighting. in fire fighting equipment in May 2021. In total, more than 10 percent of the workforce is trained in ire fiahtina Feb-21 Working Time Regular Hours Attendance system was inaccurate. Ensure that the attendance system The bug in the system has been 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 after one year of service. 15 days of annual leave after on year of service [page 105] 104 BETTER WORK HAITI - 24TH SYNTHESIS REPORT Factory: Fairway Apparel S.A. Location Port-au-Prince Number of workers: 596 Date of registration: Jan-1 Date of last two Better Feb-21 Mar-22 Work assessments: Advisory and Training Services May-22 Virtual advisory meeting Meeting to discuss about new improvement plan, non compliance root cause and actions needed. Apr-22 Advisory meeting Meeting to discuss about the findings from the last assessment and the new improvement plan Mar-22 Advisory meeting Meeting with the compliance team for the implementation of a bipartite committee Review of the improvement plan: Annual leave, working environment, welfare facilities. Review of documentations Breast feeding brakes, Annual leave, compensation and COVID-19 Policy. Dec-21 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 on sick leave payment. Tracking corrected improvement issues. Meeting with management Discuss proof of progress on the Improvement plan and follow up on the current situation of the factory. Finalized progress report 1 Conducted a factory tour and update the improvement plan. Oct-21 Virtual advisory meeting Advisory summary Meeting with the factory management to: - Review the improvement plan. - Follow up on the current situation of the factory. - Follow up temporary workers issue. Sep-21 Virtual advisory meeting Meeting with management to discuss proof of progress on the improvement plan Meeting with the bipartite committee and MAST inspector To discuss the situation of sending workers on suspension for 20 to 25 days when they return on sick leave Verify documents for ONA & OFTAMA'S last payments. Follow up on the progress report. Aug-21 Training Virtual HIV/AIDS. Aug-21 Training Virtual HIV/AIDS. Jun-21 Virtual PICC Meeting Meeting with the bipartite committee to discuss: How to improve the Social dialogue and grievance mechanism in the workplace. Meeting with management to Review the improvement plan Conducted a factory tour between BW, the compliance of the factory and the MAST. Jun-21 Advisory meeting Meeting with the bipartite committee to discuss: How to improve the Social dialogue and grievance mechanism in the workplace Meeting with management to Review the improvement plan Conducted a factory tour between BW, the compliance of the factory and the MAST. May-21 Training Virtual Learning Seminar on Chemical Management System. May-21 Virtual advisory meeting Meeting with the bipartite committee to discuss:The new improvement plan.Root cause and remediation action needed [page 106] 105 May-21 Training Virtual Sexual Harassment Awareness and Prevention for Middle Management. May-21 Training Virtual Sexual Harassment Awareness and Prevention for Supervisors. May-21 Training Virtual Sexual Harassment Awareness and Prevention for Workers. May-21 Training Workplace Cooperation & Communication. May-21 Training Virtual Sexual Harassment Awareness and Prevention May-21 Training Virtual training Covid-19 Emergency Preparedness. ASSESSMENT COMPLIANCE CLUSTER COMPLIANCE POINT DETAILS OF NON COMPLIANCE IMPROVEMENT PRIORITIES REMEDIATION EFFORTS MONTHS Assessment March 2022 Mar-22 Occupational Safety and OSH Management Systems The OSH policy does not include Review the OSH policy to include Factory will be reviewing the 3 Health Measurable objectives and measurable objectives and OSH policy. improvements targets. improvements targets and was not developed through consultation with workers representatives. Mar-22 Occupational Safety and OSH Management Systems The factory does not have a Include:- A systematic approach to 3 Health hazard/risk management and control identifying hazards;- A structure to procedure that includes all the prioritize risks based on potential impact requirements. and likelihood;- A hierarchy of controls that is used to select effective controls; - A risk register that drives the implementation of controls. Mar-22 Occupational Safety and OSH Management Systems The factory has a written accident Revise the investigation procedure to Health investigation procedure that not include root cause analysis. includes root cause analysis. Mar-22 Occupational Safety and OSH Management Systems The factory does not fully investigates Ensure that all parameters are reviewed S Health performance of HR. during the HR review. Mar-22 Contracts and Human Employment Contracts The grievance handling and dispute Review the procedure and include fair 3 Resources resolution procedures does not review and appeal process, include all the necessary elements. communication of changes made or resolution. Mar-22 Contracts and Human Employment Contracts The disciplinary and termination Review the procedure to include details 3 Resources procedures does not include all the on the workers’ rights to defend necessary steps. themselves prior to termination, and to representation during disciplinary processes. [page 107] 106 Mar-22 Contracts and Human Employment Contracts The factory does not properly Review the procedure to identify 3 Resources investigate violations of HR policies weaknesses and make necessary and procedures. adjustments to prevent recurrence Mar-22 Working Time Leave The factory provide payment to Factory must provide all workers with 15 3 security guards in place of annual days of paid annual leave as required by leave. law. Mar-22 Working Time Regular Hours Inaccurate attendance records. Use one punch system to record all 3 Overtime hours and work done on hours worked and include all payments Sundays and holidays are not in the regular payroll recorded in the regular payroll. Mar-22 Working Time Regular Hours Pregnant women are not entitled to Provide pregnant women with tow 3 two period of rest in addition to the additional breaks of 30 minutes each. lunch break. Mar-22 Occupational Safety and Emergency Preparedness The factory trained less than 10 Needed a plan of training for workers in 13 Health percent of workers in the use of fire the use of fire fighting equipment. fighting equipment Mar-22 Occupational Safety and Emergency Preparedness The factory has not conducted a fire Ensure that the factory conduct fire drills Factory has plan to do the 13 Health drill in the last 12 months. and emergency awareness training every … next fire drill on July 9th 6 month to prepare and inform of possible workplace emergencies. Mar-22 Occupational Safety and Emergency Preparedness During the factory tour, assessors Remind supervisors about their 46 Health observed several obstructed aisles responsibility to enforce OSH in their area. Identify additional storage area Review and update the internal audit procedure Mar-22 Occupational Safety and Emergency Preparedness The evacuation map does not reflect Ensure that the evacuation plan is Evacuation plan has been 3 Health the current layout of the factory. updated. updated and shared. Mar-22 Occupational Safety and Emergency Preparedness Improper maintenance of fire Develop a maintenance plan for fire 13 Health extinguishers. extinguishers. Assign a person responsible to check the fire extinguishers on a regular basis. [page 108] 107 Mar-22 Occupational Safety and Health Services and First Aid Insufficient number of workers trained Train at least 10 percent of the workforce 13 Health in first aid. in first aid. Mar-22 Occupational Safety and Health Services and First Aid First aid boxes are missing basic Develop a checklist for the first aid All first boxes has been 13 Health items. boxes, assign somebody to verify them completed and are accessible on a regular basis and ensure that for all workers. missing or expired items are replaced promptly. Mar-22 Occupational Safety and Health Services and First Aid Insufficient medical personnel. Hire additional nurses to comply with the 46 Health labour code. Mar-22 Occupational Safety and Health Services and First Aid Free health checks are not Pay OFATMA for the Health Card and 46 Health systematically provided to workers ensure that annual health check are provided to workers. Mar-22 Occupational Safety and Health Services and First Aid Medical checks are not provided twice Pay OFATMA for the Health Card and 46 Health a year to workers exposed to work- ensure that health check are provided to related hazards. workers exposed to work-related hazard at least twice a year. Mar-22 Occupational Safety and Health Services and First Aid The factory does not provide Pay OFATMA for the Health Card and 46 Health systematic free health checks within provide health check to new workers the first three months of hiring that within the first three month of being cover all required exams. hired Mar-22 Occupational Safety and Welfare Facilities The factory does not perform regular Water must be tested every month by a 13 Health test on the water filtration system. certified laboratory. Mar-22 Occupational Safety and Working Environment The level of lighting in the workplace is Provide adequate lighting as 13 Health unacceptable. recommended by Better Work. Mar-22 Occupational Safety and Working Environment Temperature levels were inappropriate Monitor the temperature level and 34 Health in all the working sections. maintain it under 30 C inside the workplace. [page 109] 108 Mar-22 Occupational Safety and Worker Protection Assessors observed that standing Provide standing mats or foot rests to all Factory already provide 13 Health workers were not provided with standing workers. ergonomics mats to all ergonomic mats. standing workers Training has been done to all workers about why to use the PPE Mar-22 Occupational Safety and Worker Protection No register was available for all Check workers and visitors body 13 Health persons with a temperature of 38C temperature upon entry and keep a and above. record of those who present a body temperature of 38C or above. Mar-22 Occupational Safety and Worker Protection The employer did not take any Take the appropriate measure to respect 28 Health measures to maintain a social distance a social distance of 15m of15 m Mar-22 Occupational Safety and Worker Protection Management did not provide workers Provide worker with the necessary According to the compliance 48 Health with training on the use of protective training to use personal protective officer planification is already equipment. equipment and machinery. done to have several sessions on the next few weeks. Training plan will be shared. Mar-22 Occupational Safety and Worker Protection Workers are not provided with the Provide proper PPE to all workers, Factory has provided PPE 3 Health proper personal protective equipment. _ including weight lifting belts, hard hats material to all worker. and masks. Training has been done about how to use them and why it is important to use them Mar-22 Occupational Safety and Chemicals and Hazardous Eye wash station is not available in Install eye wash stations in all places 3 Health Substances the mechanic workshop. where chemical and hazardous substances are used. Mar-22 Occupational Safety and Chemicals and Hazardous Chernical safety data sheets were not Translate and post MSDS where 3 Health Substances available in the mechanic workshop. chemicals are used in the workplace. Mar-22 Occupational Safety and Chemicals and Hazardous Chemicals and Hazardous Substances Label all chemicals and hazardous 3 Health Substances not properly labelled in the mechanic substances used in the workplace. workshop. [page 110] Mar-22 Occupational Safety and Chemicals and Hazardous The inventory of chemical product is Factory needs to update the inventory. Inventory updated and 48 Health Substances not accurate. shared Mar-22 Contracts and Human Termination The calculation of the average daily Factory needs to apply the law and pay 48 Resources salary does not include the lunch the lunch break. break payment. Mar-22 Contracts and Human Termination The calculation for unused paid annual Comply with the law; pay the lunch 48 Resources leave upon termination does not break and include it in the calculation of include the lunch break payment. the average daily salary Mar-22 Contracts and Human Termination Inaccurate calculation of the average Comply with the law; pay the lunch 48 Resources earning. break and include it in the calculation of the average daily salary Mar-22 Compensation Social Security and Other ONA payments are consistently late. Factory needs to comply with the law 48 Benefits and submit payments to ONA withing the first 10 working days of the current month, for the previous month. Mar-22 Compensation Social Security and Other The factory is not affiliated to Factory needs to comply with the law Factory is registered with 48 Benefits OFATMA for maternity and health and register with OFATMA maternity and OFATMA maternity and insurance. health insurance. health insurance, but payment will start on August according to factory managers Mar-22 Compensation Social Security and Other Inaccurate calculation for the annual Factory needs to pay the lunch break 48 Benefits salary supplement or bonus and include the payment in the calculation of the average daily salary. Mar-22 Compensation Paid Leave Inaccurate payment for rest day Factory needs to pay the lunch break 48 maternity leave, sick leave and annual and include the payment in the leave. calculation of the average daily salary. Mar-22 Compensation Paid Leave Lunch break is not compensated in Discuss legal requirements with the 48 the payroll General Manager and pay the lunch break. [page 111] Mar-22 Compensation Paid Leave Inaccurate payment for maternity Discuss legal requirements with the 48 leave. General Manager, register to OFATMA maternity and health insurance and pay the lunch break. Mar-22 Compensation Paid Leave Inaccurate payment for maternity Discuss legal requirements with the 48 leave and payment for sick leave. General Manager, register to OFATMA maternity and health insurance and pay the lunch break. Assessment February 2021 Feb-21 Occupational Safety and Welfare Facilities The factory failed to provide a water Maintain an adequate supply of water for The factory conducted a Health test from a laboratory attesting that all workers and ensure that the water is water test attesting that the the water is safe. tested on a monthly basis. water is safe. Feb-21 Occupational Safety and Health Services and First Aid Less than 10% of workforce have been Train at least 10% of the workforce in first- Health trained in first aid. aid. Feb-21 Occupational Safety and Health Services and First Aid Insufficient medical personnel Hire additional nurses. Health Feb-21 Occupational Safety and Health Services and First Aid Annual Medical checks conducted by Proactively work with OFATMA to Health factory does not cover all required distribute the health cards and conduct exams. the medical checks as required Feb-21 Occupational Safety and Health Services and First Aid Medical checks twice a year to workers Proactively work with OFATMA to Health exposed to work-related hazards does distribute the health cards and conduct not cover all required exams. the medical checks as required Feb-21 Occupational Safety and Health Services and First Aid The factory does not provide Proactively work with OFATMA to Health systematic free health checks within distribute the health cards and conduct the first three months of hiring that the medical checks as required cover all required exams. Feb-21 Occupational Safety and Working Environment Light levels were inappropriate in all Keep the light levels acceptable in all Health the working sections department. Feb-21 Occupational Safety and Working Environment Workplace temperatures levels are Monitor the temperature level and Health unacceptable maintain it under 30 C inside the workplace. [page 112] mm Feb-21 Occupational Safety and Worker Protection The factory did not take any measures … Ensure that 1.5 meter of distance is Health to maintain a social distance of 1.5 m. respected on the production floor. Feb-21 Occupational Safety and Worker Protection Improper maintenance of electrical Improve the electrical maintenance The factory has properly Health panels. maintained all electrical panels. Feb-21 Occupational Safety and Worker Protection Sewing machines were missing pulley Install all missing pulley guards and Health guards. ensure proper monitoring is conducted. Feb-21 Occupational Safety and Emergency Preparedness Insufficient number of workers trained Train at least 10% of the workforce on the Health in the use of fire-fighting equipment. use of fire-fighting equipment. Feb-21 Occupational Safety and Emergency Preparedness The employer did not conduct at least Conduct an evacuation drill every 6 The factory conducted a Health 2 emergency drill per year. months. evacuation drill on November 8, 2021 Feb-21 Occupational Safety and Emergency Preparedness Obstructed routes in the fabric Ensure that emergency exits and escape Health warehouse and cutting area. routes are not obstructed. Feb-21 Occupational Safety and Emergency Preparedness The evacuation map need to be Post updated evacuation plans for all Health updated and escape routes need to be buildings and Ensure that all escape clearly marked. routes are clearly marked. Feb-21 Occupational Safety and Emergency Preparedness Two fire extinguishers were not Provide adequate fire fighting The factory identified the two Health identified and one was missing equipment and ensure regular fire extinguishers with proper maintenance is done. hazard signs and replace the missing one. Feb-21 Occupational Safety and Emergency Preparedness Alarm in the cutting buildings was not Ensure that the cutting buildings has a The factory has repaired the Health working. functioning alarm system. alarm system. It is working properly now. Feb-21 Working Time Regular Hours Working time records did not reflect Have an accurate attendance recording the hours actually worked system Feb-21 Working Time Regular Hours The required break was not provided Develop a policy for pregnant women, to pregnant women. include the additional breaks in the policy and inform all pregnant workers. [page 113] 112 Feb-21 Occupational Safety and Worker Protection Standing mats were not available to all … Provide foot rests or shock absorbing The factory supplied shock Health workers mats to standing workers. mats to workers made with fabric waste that did not meet specifications Feb-21 Occupational Safety and Worker Protection The factory did not train workers in the Train workers in the use of protective Health use of protective equipment and equipment and machines in the machines. workplace. Feb-21 Occupational Safety and Worker Protection The factory did not Provide gloves and Provide appropriate PPE for all workers Health goggles to workers mixing the ink in the sublimation area. Feb-21 Occupational Safety and Chemicals and Hazardous The factory did not train workers using … Provide training on chemical Health Substances chemical and hazardous substances. management system to workers using chemical and hazardous substances in the workplace . Feb-21 Occupational Safety and Chemicals and Hazardous MSDSs are not available in local Translate and post MSDS where The Factory install some Health Substances language for all chemicals used in the chemicals are used in the workplace MSDS in the workplace as workplace required, but they are in English Feb-21 Occupational Safety and Chemicals and Hazardous Chemical and hazardous substances Label all chemicals and hazardous Health Substances are not properly labelled. substances used in the workplace. Feb-21 Occupational Safety and Chemicals and Hazardous Inventory of chernicals and hazardous Update inventory of chemnicals and The factory updated its Health Substances substances is not updated hazardous substances in the workplace. inventory of chemicals and hazardous substances used in the workplace. Feb-21 Contract and Human Termination No payment of annual salary Ensure that workers are issued contracts Resources supplement upon termination to with benefits matching the true nature of workers with determined contract of their jobs. two months. Feb-21 Occupational Safety and Termination No payment of unused annual leave Ensure that workers are issued contracts Health upon termination to workers with with benefits matching the true nature of determined contract of two months. their jobs [page 114] Feb-21 Contract and Human Contracting Procedures Factory does not provide lunch break Provide security guards with at least 1/2 The factory management Resources to security guards working the night hour for lunch break when they working _ensures the night shit guards shift. the night shift. will have a break on a rotation basis. Feb-21 Contract and Human Employment Contracts Inaccurate workers contract Ensure that workers are issued contracts Resources with benefits matching the true nature of their jobs. Feb-21 Compensation Social Security and Other The factory is not affiliated to Register with OFATMA for maternity and Benefits OFATMA for maternity and health health insurance and submit employer's insurance. contribution regularly. Feb-21 Compensation Social Security and Other The factory is not affiliated with Register with OFATMA for maternity and Benefits OFATMA for maternity and insurance. health insurance. Collect and forward workers’ contribution to OFATMA regularly. Feb-21 Compensation Social Security and Other Inaccurate payment to OFATMA for Complete the payment for OFATMA Benefits work-related accident insurance. work related accident for the fiscal year 2020-2021 Feb-21 Social Security and Other ONA's deduction collected on workers Ensure that the lunch break is include in Benefits is inaccurate and payments are made workers contribution and forward on late consistently. time to ONA Feb-21 Compensation Social Security and Other The calculation of ONA payment is Include the lunch break payment in the Benefits inaccurate and payments are made ONA contribution and ensure that ONA late consistently. is paid on time. Feb-21 Compensation Paid Leave The lunch break is not compensated Pay the daily break accurately to all in the payroll. eligible workers. Feb-21 Compensation Paid Leave Inaccurate payment for maternity Register in the mandatory maternity leave. insurance system offered through OFATMA. Feb-21 Compensation Premium Pay Inaccurate payment to workers work Ensure that hours worked on Saturday on Saturday. are accurately compensated as overtime hours to all eligible workers. [page 115] : [page 116] 115 BETTER WORK HAITI - 24TH SYNTHESIS REPORT Factory: Go Haiti 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 28-Apr-22 Training Virtual OSH Event Workshop. 27-Apr-22 Virtual advisory meeting Virtual OSH tour on emergency preparedness and welfare facilities, Meeting with the compliance team to validate the improvement plan, then present a monitoring system for induction training and contract. Session on HR performance indicator and procedure. GBVH gap analysis. 29-Mar-22 Virtual advisory meeting Virtual meeting with the OSH committee to identified the training needs of the factory and validate pending issues on worker protections. 18-Mar-22 Training Virtual Sexual Harassment Awareness and Prevention for Middle Management. 24-Nov-21 Virtual advisory meeting 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 Virtual advisory meeting 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. 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 hours is equivalent Modify the internal work rules and 8 to 9 working hours per day and 54 ensure the regular working hours do not hours per week. exceed 48 hours per week. Sep-21 Occupational Safety and Emergency Preparedness The total number of workers trained in Provide additional training in fire 8 Health fire-fighting is less than 10 percent of fighting equipment. Have a system in the workforce. place to monitor trained workers. Sep-21 Occupational Safety and Emergency Preparedness The last fire drill was conducted in Conduct at least 1 emergency drill every 8 Health September 2021 and the one before six months. Insert the drills in the OSH that, in January 2020. annual training plan. Keep records of the drill. [page 117] 116 Sep-21 Occupational Safety and Emergency Preparedness Obstructed aisles. Remind supervisors about their 29 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 Perform regular maintenance of fire 8 Health extinguishers. 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 in Provide additional training in first aid 8 Health first aid is less than 10 percent of the Have a system in place to monitor workforce. trained workers Sep-21 Occupational Safety and Health Services and First Aid Insufficient number of readily Equip first aid box and define The first aid boxes are 29 Health accessible first aid boxes/supplies in responsibility for refilling it. equipped and accessible. the workplace. Sep-21 Occupational Safety and Health Services and First Aid Insufficient medical staff. Hire 1 additional nurse. The factory has the number 8 Health of medical staff for the current workforce. Sep-21 Occupational Safety and Welfare Facilities Insufficient number of toilets. Build additional toilets in order to have 65 Health 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 who is in 8 Health sections. charge of regular maintenance of the lights. Sep-21 Occupational Safety and Working Environment The temperature in the workplace Install additional fans. Specify who is in 8 Health exceed Better Work's charge of regular maintenance of the recommendations of 30 C. fans. Sep-21 Occupational Safety and Worker Protection During the factory tour assessors Provide chair with backrest to worker in 29 Health observed several chairs without the workplace. backrest in the workplace. Sep-21 Occupational Safety and Worker Protection Proper PPE was not provided to Provide employees with all necessary 29 Health workers using chemical and hazardous personal protective clothing and substances or doing heavy lifting. equipment according to PPE regulation. Sep-21 Occupational Safety and Chemicals and Hazardous The eye wash station was not Improve effectiveness of eyewash Eye washes are working 8 Health Substances functional during the assessment visit. station or provide eye wash bottles. properly. [page 118] 117 Sep-21 Compensation Wage Information, Use and The calculation of annual salary Ensure that workers’ salary supplement 8 Deduction supplement or bonus does not include include the lunch break payment. the lunch break payment. Sep-21 Compensation Social Security and Other The employer's contribution to Include the lunch break payment in the 40 Benefits OFATMA maternity and health calculation of contributions to insurance is late and does not include OFATMA. the lunch break payment. Sep-21 Compensation Social Security and Other The employer does not forward Include the lunch break payment in the 40 Benefits workers’ contributions to OFATMA on calculation of workers’ contribution to time and it does not include the lunch OFATMA- Forward workers’ break payment. contribution to OFATMA on time. Sep-21 Compensation Social Security and Other The factory paid OFATMA accident Pay OFATMA on time. 8 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 in 54 Benefits and does not include the lunch break workers’ contributions to ONA. payment. Sep-21 Compensation Social Security and Other The employer contribution to ONA is Include the lunch break payment in the 54 Benefits late. Moreover, the calculation of the contribution sent to ONA. Ensure average daily salary does not include Payments are made within the first 10 the lunch break payment. business days of the next month for the previous month. Sep-21 Compensation Paid Leave The factory did not pay annual leave, Pay the lunch break. Pay annual leave, 8 Sick leave, maternity leave and the sick leave and maternity leave based daily break correctly as the lunch break on average daily earnings. is not compensated. Sep-21 Compensation Paid Leave The lunch breaks is not compensated Pay the lunch break. Pay annual leave, 8 in the payroll. 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 the 8 week of maternity leave payment from lunch break payment is included in the OFATMA. However, the calculation calculation for maternity leave does not include the lunch break payment. pavment. Sep-21 Compensation Paid Leave The factory pays 15 days for sick leave. Ensure the calculation for sick leave 8 However, the calculation does not include the lunch break payment. include the lunch break. [page 119] 118 Sep-21 Compensation Paid Leave The annual leave payment is not Pay the lunch break then Pay the 8 calculated on worker's average daily annual leave based on average daily earnings and the lunch break payment earnings. 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 daily The factory cleans and Health checklist to monitor the cleaning and cleaning and disinfection. disinfect all machines, disinfection process related to COVID Keep record in appropriate location. equipment, and tools at 19. least once per day. Oct-20 Occupational Safety and OSH Management Systems The factory does not have appropriate The factory needs to review the COVID Factory has participated in Health epidemic/pandemic protocol related 19 protocol to include the missing the review of the to COVID 19 in place embedded into points. management guidelines for the larger OSH policy. COVID 19 and has started implementing the recommendations. Dec-19 Occupational Safety and Emergency Preparedness Emergency exits were closed during Keep the emergency exits unlocked The factory make it a rule Health working hours. during working hours. not to closed the emergency Exits. Dec-19 Occupational Safety and Emergency Preparedness Emergency exits and escape routes Paint yellow lines on the floor to show The evacuation lines and Health were not clearly marked and posted in the exit pathway. arrows have been painted. the workplace. Dec-19 Occupational Safety and Health Services and First Aid Essential items were missing in several Equip the first aid box with all essential The first aid boxes have Health first aid boxes. items. Define responsibility for the been filled and responsibility verification and include this in the has been assigned. system of daily-weekly checks. Dec-19 Occupational Safety and Welfare Facilities Insufficient number of toilets. Increase the number of toilets. Health Dec-19 Occupational Safety and Working Environment Combustible materials like fabric Clean workplace regularly. Health waste, cardboard and paper were scattered in the workplace. Dec-19 Occupational Safety and Worker Protection One electrical panel was not identified Identify electrical installations requiring Warning signs have been Health in the workplace. warning signs and post corresponding posted. signs. Dec-19 Occupational Safety and Worker Protection Electrical box, wire and outlets are not Improve the electrical maintenance and All circuit breakers are Health properly maintained. labelled all switches and electrical labelled to indicate their breaker. purpose. [page 120] 119 Dec-19 Occupational Safety and Worker Protection Several chairs without backrest are Provide chairs with back rest for Health used in different sections of the workers in the sewing section. Provide factory. anti fatigue mats for standing workers. Dec-19 Occupational Safety and Worker Protection Management did not provide Provide employees with all necessary Health protective equipment to all workers. 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 À person is assigned to Health Substances include the name of all chemicals used updating inventories of hazardous update the inventory of in the workplace. substances in the various locations hazardous substances in the where they are stored or used. various locations where they are stored or used. Dec-19 Occupational Safety and OSH Management Systems Work-related accidents and diseases Submit the record of work related The doctor of the factory is Health were not recorded and submitted to accident to OFATMA on a monthly in charge to submit the OFATMA on a monthly basis. basis. accident record on a monthly basis. Dec-19 Occupational Safety and OSH Management Systems An assessment of general occupational Conduct regular comprehensive OHS Health safety and health issues was not risk assessments in all the various performed on a regular basis. sections of the factory. Dec-19 Contracts and Human Termination The factory has not requested an Ask for authorization before A new Human Resources Resources authorization for reductions or terminating the contract of pregnant manager has been hired. suspensions. women as required by law. Dec-19 Contracts and Human Employment Contracts Unequal treatment of workers with Modify the terms of workers’ contract. Resources similar contract. Dec-19 Compensation Social Security and Other Collecting and forwarding of workers’ Collect and forward 3 percent of 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 health Benefits submission of employer's contribution and maternity insurance on a monthly to OFATMA, for maternity and health basis. Calculate the 3 percent based on insurance. workers basic salary. Dec-19 Compensation Social Security and Other Collecting and forwarding workers’ Collect and forward workers’ Benefits contributions for social insurance funds contribution to ONA on time within the to ONA. first 10 working days of each month for the previous month. [page 121] 120 Dec-19 Compensation Social Security and Other Employer contribution to ONA is late. Make ONA payments for the previous Benefits 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 detailed Changes have been made in Deduction for the period of September 7th to payroll system payroll system. the payroll system. November 4th. Dec-19 Compensation Method of Payment The factory has not been able to pay all Create a payment schedule and inform The payroll system has been workers regularly and on time. workers about it. installed on 2 servers and the system is operational. [page 122] 121 BETTER WORK HAITI - 24TH SYNTHESIS REPORT . Factory: H4H SA 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 6-May-22 Training Virtual Bipartite Committee training. 2-May-22 Virtual advisory meeting Advisory visit to perform virtual OSH tour. 23-Mar-22 Virtual advisory meeting Advisory meeting to discus about improvement plan. 18-Mar-22 Training Virtual Sexual Harassment Awareness and Prevention for Middle Management. 1-Mar-22 Training Virtual Sexual Harassment Awareness and Prevention for Supervisors. 10-Mar-22 Training Virtual Sexual Harassment Awareness and Prevention for Workers. 8-Dec-21 Training Virtual Sexual Harassment Awareness and Prevention. 28-Oct-21 Bipartite Committee Meeting Discussion with the management to update the Improve plan. Discussion regarding workers who complained about unjustified dismissal. Bipartite meeting where workers expressed their concern regarding transportation and the insecurity in the Port-au-Prince. 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. 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 7 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 The management trained the 7 take their additional breaks as women. Allow them to take pregnant women required by law. their additional breaks as required by law. Nov-21 Occupational Safety and Emergency Preparedness Fire drills are not conducted every six Conduct a fire drill at least twice 50 Health months as recommended. a year. Keep record of the fire drills. [page 123] 122 Nov-21 Occupational Safety and Emergency Preparedness Obstructed aisles. Keep all aisles unobstructed. 7 Health Nov-21 Occupational Safety and Emergency Preparedness Alarm system does not function Ensure that the alarm system is 7 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 7 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 50 Health Aid checks were present in worker's files. checks for all workers. Nov-21 Occupational Safety and Health Services and First No evidence of medical checks for Provide free medical checks 7 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 7 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 50 Health capacity to accommodate all accommodate all workers. workers. Ensure that the social distancing measure of 1.5 meter can be recnerted Nov-21 Occupational Safety and Welfare Facilities Water test is not conducted from the Factory must take the water 7 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 50 Health number of toilets to comply with the labor law. Nov-21 Occupational Safety and Working Environment Insufficient light level in various Ensure that light level is 50 Health sections of the workplace. adequate in all sections. Nov-21 Occupational Safety and Working Environment Temperature levels are above the Provide a cooling system to 50 Health recommended limit in all sections of ensure that temperature levels the factory. do not exceed 30C, as recommended by Better Work. [page 124] 123 Nov-21 Occupational Safety and Worker Protection The factory does not check all Develop a policy to check all 24 Health workers and visitors body workers’ and visitors’ body temperature upon entry in a temperature systematically. systematic way. 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 7 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 7 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 7 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 Hazardous Eye wash stations are not installed in Install eye wash stations or eye 7 Health 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 Chemicals and Hazardous The employer did not provide Provide training to all workers 7 Health Substances training to workers on chemical who are handling chemical and handling products. hazardous substances. Provide them with proper PPE. Nov-21 Occupational Safety and Chemicals and Hazardous Chemical Safety Data Sheets (MSDS) Post MSDS were chemnicals and 50 Health Substances were missing for several chemical hazardous substances are used. and hazardous substances found in MSDS must be in local the workplace. language. Nov-21 Occupational Safety and Chemicals and Hazardous Unlabelled containers of chemical Label all chemicals and 50 Health Substances and hazardous substances found in hazardous substances properly. the workplace. Nov-21 Occupational Safety and Chemicals and Hazardous Inaccurate inventory of chemical and Keep an accurate inventory of 50 Health Substances hazardous substances used in the all chemical and hazardous workplace. substances used in the workplace, including quantities available and storage location. [page 125] 124 Nov-21 Occupational Safety and OSH Management Interview with management Perform a general OSH 50 Health Systems confirmed that the general assessment on a regular basis assessment reports were not and keep records of the available 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 50 Resources based on the average daily salary. on 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 50 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 50 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 50 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 nraviaus manth Nov-21 Compensation Social Security and Other OFATMA work related accident Pay OFATMA Work related 50 Benerfits 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, 50 Benerfits forwards workers’ contributions to by the 10th working day of the ONA on a monthly basis. current month, for the previous month. Nov-21 Compensation Social Security and Other The employer contribution to ONA is Pay ONA on a monthly basis, 50 Benefits submitted late. by the 1Oth working day of the current month, for the previous month 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 [page 126] 125 Nov-21 Compensation Wage Information, Use Attendance system does not Provide an attendance system 7 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 7 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 a checklist to monitor 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 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 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’ Benefits contribution to ONA in a timely contribution to ONA on a manner. monthly basis. Feb-20 Compensation Social Security and Other No evidence of salary statements Pay 3 percent of mass salary to Benefits and payment to OFATMA for work OFATMA for work related related accident insurance. accident insurance. Feb-20 Compensation Social Security and Other Employers' contributions for Forward employer's contribution The factory completed Benefits OFATMA maternity and health to OFATMA for maternity and payment up to September insurance were consistently late. health insurance. 2019. Feb-20 Compensation Social Security and Other Workers' contributions for OFATMA Collect and forward workers’ The factory completed Benefits maternity and health insurance were contributions to OFATMA for payment up to September consistently late. maternity and health insurance. 2019. Feb-20 Contract and Human Employment Contracts Workers did not receive a copy ofthe Provide workers with an original : Management explained the Resources contracts and did not understand the copy of their employment terms of the contract while terms. contract. providing an original copy. [page 127] 126 Feb-20 Occupational Safety and OSH Management Management does not consistently Perform an assessment of Health Systems perform an 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 Hazardous Chemicals products were not Label all chemicals and Management used new Health Substances properly labelled. hazardous substances properly. containers that were properly labelled for the SO-32 machine oil Feb-20 Occupational Safety and Chemnicals and Hazardous Improper storage of dangerous Store chemicals and hazardous Health Substances chemical. substances in an appropriate location Feb-20 Occupational Safety and Chemicals and Hazardous MSDS were not posted in the Post MSDS were chemicals and MSDS were posted in the Health 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 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. Health recommended limit of 90 dB in the sewing sections. Feb-20 Occupational Safety and Working Environment Light levels were inappropriate in all Ensure that light level is 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 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 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 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 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 Health in June 2019. every 6 months. another drill was performed on December 2019. [page 128] 127 Feb-20 Occupational Safety and Emergency Preparedness Workers were not adequately trained Train all workers in emergency 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 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 enjoy 15 days of annual leave as annual leave to all workers as required by the law. required by law. [page 129] 128 BETTER WORK HAITI - 24TH SYNTHESIS REPORT Factory: HAITI BEST SEWING MFG SA Location: Arrondissement de Port-au-Prince Number of workers: 14-Jun-01 Date of registration: 20/10/2009 Date of last two Better Feb-21 Mar-22 Work assessments: BW assessments Advisory and Training Services 22-Jun-22 Advisory meeting Advisory meeting about: 1.- PICC Committee: Follow has to be done to have the members in for the next training 2.- Worker protection: PPE materials needed. 3.- Training needed: First aid and more 5-May-22 Advisory meeting Virtual advisory to revise findings from the last assessments. 8-Mar-22 Advisory meeting Meeting about Chemicals products, Worker protection, training for first aid and emergency preparedness. 28-Feb-22 Advisory meeting Advisory meeting to discuss about the roadmap for 2022. Review of improvement plan 9-Dec-21 Advisory meeting Meeting with Abraham Felix and Carine Felix to review improvement plan. 16-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. No corrections had been made to non-compliance point. 13-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 27-Aug-21 Advisory meeting Virtual Advisory Visit to discuss the non-compliance point found in the last assessment report. Review of all the points in the improvement plan ASSESSMENT COMPLIANCE CLUSTER COMPLIANCE POINT DETAILS OF NON COMPLIANCE IMPROVEMENT PRIORITIES REMEDIATION EFFORTS MONTHS Assessment March 2022 Mar-22 Social Security and Other The factory did not provide any Pay OFATMA for accident 12 Benefits proof of payment for OFATMA insurance for the fiscal year 2021- accident insurance for the fiscal year 2022 as per the agreement with 2021-2022. were available at the OFATMA. time of the assessment visit. Mar-22 Social Security and Other Factory does not consistently collect Factory need to deduct 53 Benefits and forward ONA contributions on contributions from worker regularly time. and submit them to ONA within the first 10 working days of the following month. [page 130] Mar-22 Social Security and Other Factory does not consistently collect Factory need to deduct 53 Benefits and forward OFATMA contributions contributions from worker regularly on time. and submit them to OFATMA Within the first 10 working days of the following month. Mar-22 Employment Contracts The factory did not share an internal Factory needs to review the 3 work rules with the name of Haïti internal work rules with the name Best Sewing assessors. of Haiti Best Sewing and submit it to the Ministry of Labour for approval. Mar-22 OSH Management Systems Management did not provide Develop an OSH assessment ns evidence of OSH assessment reports procedure and conduct an OSH for the last 12 months. general assessment on a monthly basis. Mar-22 OSH Management Systems The employer has not developed any Develop mechanism to ensure 43 mechanism to ensure cooperation cooperation on OSH matters, by on OSH matters. establishing an OSH committee. Mar-22 OSH Management Systems Factory does not have a building Have the building inspected by the 13 permits that covers all structures. proper authorities and provide the certificate. Mar-22 Chemicals and Hazardous Inaccurate Inventory of chemicals Update inventory of chemicals and LE Substances and hazardous substances. hazardous substances in the workplace Mar-22 Chemicals and Hazardous Unidentified container chemical and Label all chemicals and hazardous LE Substances hazardous substances found in the substances used in the workplace. workplace. Mar-22 Chemicals and Hazardous Chemicals and hazardous Remove chemical from the sun. 37 Substances substances were not properly stored Store the chemicals and hazardous substances appropriately. Mar-22 Chemicals and Hazardous MSDSs are not available in local Post MSDS where all chemical 121 Substances language for all chemicals used in products are used. the workplace. [page 131] 130 Mar-22 Chemicals and Hazardous The factory did not train workers Provide training to all workers who : Management did not know that m6 Substances using chemical and hazardous are working with chemicals. workers were using chemical substances. Keep a record of the training products. Management will provided. follow up on this issue. Mar-22 Worker Protection Management did not provide any Provide training n the use of PPE All workers know it is necessary 3 evidence of training provided to and machines to al workers. to use the protection on the workers to properly use personal machines. protective equipment and machines. Mar-22 Worker Protection About 30 per cent of all sewing Install the necessary guards on all 3 machines in the main building and machines. building 2 were missing finger guards, eye guards and pulley guards. Mar-22 Worker Protection Improper maintenance of electrical Make sure that all electrical boxes 43 system. are closed or covered. Post hazard sign on all electrical panels. Mar-22 Worker Protection The factory takes workers Keep a register for workers who 3 temperature but does not keep a present a temperature of 38C or checklist to register workers who above. present a body temperature of 38C and above. Mar-22 Worker Protection The employer did not provide Provide standing mats to all 3 sufficient standing mats for all workers. Provide chairs standing workers. Several chairs with backrest to all workers. without backrest was also observed in the worknlace Mar-22 Working Environment Workplace temperature levels are Monitor the temperature level and ns unacceptable. maintain it under 30 C inside the workplace. Mar-22 Working Environment Light levels were inappropriate in all Ensure the lighting is adequate and 55 the working sections. adapted to worker's needs. Mar-22 Working Environment During the factory tour, assessors Keep mechanic workshop clean 3 observed that the mechanic shop and tidy. was not well maintained. Mar-22 Welfare Facilities Insufficient number of Toilets. Increase the number of toilets. ns [page 132] 131 Mar-22 Health Services and First Health checks is not provided to Pay the CDS and coordinate with 98 Aid workers within the first three months : OFATMA to provide free health of hiring. checks to the workers within the first three months of hiring. Mar-22 Health Services and First Free health checks was not provided Provide health checks to workers 43 Aid to workers exposed to work-related exposed to work-related hazards at hazards. least twice a year. Mar-22 Health Services and First Free annual medical checks was not Arrange free annual medical checks 96 Aid provided to workers. for workers. Mar-22 Health Services and First Insufficient number of medial Medical service for the factory ns Aid personnel. must have à permanent onsite medical service, with at least 2 nurses and 3 doctor's visits per week. Mar-22 Health Services and First First aid boxes are missing supplies Develop a checklist to verify the 3 Aid and they have expired products. inventory of products in the first aid boxes. Have a schedule to check the boxes on a weekly basis. Assign somebody who is responsible to replenish the boxes. Mar-22 Health Services and First Less than 10 percent of the The factory must provide first aid 12 Aid workforce was trained in first aid. training to at least 10 percent of the workers present. Mar-22 Emergency Preparedness Fire alarm system is not installed in Fire alarm system need to be 65 building 2 and the cutting building. installed and working properly in building 2 and the cutting building Mar-22 Emergency Preparedness Obstructed fire extinguishers and Keep fire extinguisher Factory has done the 65 improper maintenance of fire unobstructed. Train workers and correction. extinguishers. supervisors on the use and importance of fire extinguishers. Mar-22 Emergency Preparedness Inaccurate and missing evacuation -Prepare the evacuation plan 84 plan. The factory floor is : - Paint evacuation arrows and not properly marked. signs - Paint yellow lines on the floor to show the exit pathway - Specify who conducts additional daily weekly checks (and include this in the system of daily weekly checks) [page 133] 132 Mar-22 Emergency Preparedness The aisles were obstructed by tables Remind supervisors about their 3 and boxes. responsibility to enforce OSH in their area. Identify additional storage area Review and update the internal audit procedure. Mar-22 Emergency Preparedness The factory did not conduct an Ensure that the factory conduct fire 99 emergency drill every 6 months as drills and emergency awareness recommended by Better Work. training every 6 month to prepare and inform of possible workplace emergencies. Mar-22 Emergency Preparedness Evidence of risk assessment was not Develop risk assessment Management will develop a risk 37 available. procedure. Perform regular risk assessment procedure. assessment. Mar-22 Regular Hours Factory does not provide the legally Give the legally required break to Factory will develop policy for 12 required breastfeeding breaks to all nursing women pregnant and nursing women. nursing women. Policy will be posted on the factory floor. Mar-22 Employment Contracts The factory has HR policy does not Review the procedure to include: Management will review the HR 3 include all the necessary elements. Preventing sexual harassment policy. Equal treatment and non- discrimination Freedom of association Mar-22 Employment Contracts The factory does not have an Review the actual procedure to Management will review the 3 appropriate disciplinary and include disciplinary and disciplinary and termination termination procedures termination procedures that procedures to include all the includes: Unacceptable behaviours necessary steps. or performance Legal notice periods and termination payments A step-by-step warning system. The right to defend oneself prior to termination, and to representation during disciplinary processes time frame for warnings and payments Mar-22 Employment Contracts The factory outlines an open door Factory needs to review its internal 3 policy in its internal rules. which does rules to include a clear specification not offer a clear specification for a for a fair review process and how fair review process and how changes changes should be communicated. should be communicated. [page 134] 133 Mar-22 Employment Contracts The factory's did not share a Review the recruitment procedure Management is working to 3 recruitment procedures does not to include the following elements: finalize the recruitment include all the necessary elements. Hiring criteria that are applied procedure. equally to all job applicants. Verifying the age of workers prior to hiring. Ensuring compliance with legal requirements for workers under the age of 18. Ensuring that workers retain ID Mar-22 OSH Management Systems The employer does not adequately Establish an OSH committee with Factory is seeking the support 3 assigns accountability for clear reporting lines and hold of Better Work to establish the Occupational Health and Safety to regular monthly meetings. Keep OSH committee. OSH Officer and HR Director. minutes of the meeting and share with committee members. Hire an OSH officer with sufficient expertise Mar-22 OSH Management Systems No. The employer does not properly The factory should investigate OSH 3 investigates monitors and measures issues through OSH issues. Regular test, survey and inspections, logging and analysis of violations of procedures. Regular management review of effectiveness of management system including performance on measurable objectives and targets. OSH Management Systems The factory does not have an Review the actual procedure to 3 accident investigation procedure that include Root cause analysis, Focus includes all the necessary steps. on sustainable solutions and Implementation of changes in order to avoid reoccurrence OSH Management Systems The factory does not have an Factory needs to do have an 3 emergency preparedness procedure emergency preparedness that includes all the necessary procedure that includes: Reporting elements. fires and other emergencies Alerting all employees to evacuate, evacuating employees to designated assembly location, accounting for all employees after 2e mneniatinn [page 135] OSH Management Systems The factory does not have a The factory need to do a 3 hazard/risk management and hazard/risk management and control procedure that includes all control procedure that includes: A the necessary elements. systematic approach to identifying hazards A structure to prioritize risks based on potential impact and likelihood A hierarchy of controls that is used to select effective controls A risk register that drives the implementation of controls. OSH Management Systems The factory had an OSH policy that 1.The policy has to be reviewed in 3 is not signed by top management. consultation with workers and their representatives and a clear commitment to compliance with legal requirement pertaining to OSH has to be included 2.-Management has to sign the OSH policy 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 legally Give the legally required break to Factory will develop policy for required breastfeeding breaks to all nursing women pregnant and nursing women. nursing 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 to Factory will develop policy for take two extra breaks. all pregnant women. 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 break Factory will post working hours. were not posted in all building. time in all building were all workers can see it. Feb-21 Occupational Safety and Emergency Preparedness Evidence of risk assessment was not Develop risk assessment Health available. procedure. Perform regular risk assessment. Feb-21 Occupational Safety and Emergency Preparedness The employer did not conduct at Conduct fire drill at least twice a Health least 2 emergency drill per year. year. Feb-21 Occupational Safety and Emergency Preparedness Obstructed emergency exits. Keep emergency exit unobstructed. Health [page 136] 135 Feb-21 Occupational Safety and Emergency Preparedness Evacuation plan of one building is Post updated evacuation plans for Health not updated and no evacuation plan all buildings for another one. Feb-21 Occupational Safety and Emergency Preparedness Fire extinguishers were not properly Provide adequate firefighting 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 an Health system. 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 least Health Aid provided to workers. 10 percent of the workforce. Feb-21 Occupational Safety and Health Services and First Insufficient medical personnel. Contract one doctor and one Health Aid additional nurse. Feb-21 Occupational Safety and Health Services and First Free annual medical checks was not Arrange free annual medical checks Health Aid provided to workers. for workers. Feb-21 Occupational Safety and Health Services and First Free health checks was not provided Provide health checks to workers Health Aid to workers exposed to work-related exposed to work-related hazards at hazards. least twice a year. Feb-21 Occupational Safety and Health Services and First Health checks was not provided to Provide health checks to workers Health Aid workers within the first three months within the first three months of of hiring. hiring. Feb-21 Occupational Safety and Welfare Facilities Insufficient number of Toilets. Increase the number of toilets. Health Feb-21 Occupational Safety and Working Environment Light levels were inappropriate in all Ensure the lighting is adequate and Health the working sections. adapted to worker's needs. Feb-21 Occupational Safety and Working Environment Workplace temperature levels are Monitor the temperature level and Health unacceptable maintain it under 30 C inside the workplace. Feb-21 Occupational Safety and Worker Protection Social distance is not respected on Ensure that 1.5 meter of distance is Health the factory. respected within the workplace. Feb-21 Occupational Safety and Worker Protection Improper maintenance of electrical Post hazard sign on all electrical Health system. panels. [page 137] 136 Feb-21 Occupational Safety and Worker Protection Several workers were not using the Provide machine safety training to Health safety guards installed on their all workers. Keep record of training machines. No evidence of training provided. were available. Feb-21 Occupational Safety and Worker Protection The factory did not provide Provide Heavy lifting support to all The factory provides heavy Health appropriate PPE to all workers. workers. lifting belts to workers. They will check regularly to make sure that the workers use them. Feb-21 Occupational Safety and Chemnicals and Hazardous Eye washing facilities were not Install eye wash stations where 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 who Health Substances using chemical and hazardous are working with chemicals. substances. Keep a record of the training provided. Feb-21 Occupational Safety and Chemnicals and Hazardous The factory does not have Isolate the spot cleaning section. Health Substances appropriate spot cleaning area. 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 Health Substances language for all chemicals used in and posted where all chemical the workplace products are used. Feb-21 Occupational Safety and Chemicals and Hazardous Chemicals and hazardous Remove chemical from the sun. Health Substances substances were not properly stored Store the chemicals and hazardous substances appropriately. Feb-21 Occupational Safety and Chemicals and Hazardous Chemical and hazardous substances Label all chemicals and hazardous Health Substances are not properly labelled. substances used in the workplace Feb-21 Occupational Safety and Chemicals and Hazardous Inventory of chemicals and Update inventory of chemicals and Health Substances hazardous substances is not hazardous substances in the updated. workplace. Feb-21 Occupational Safety and OSH Management Systems Hazard signs were not posted near Post hazard signs in all required Health the sewing lines. locations. [page 138] 137 Feb-21 Occupational Safety and OSH Management Systems Factory does not have a building Have the building inspected by the Health permits that covers all structures. proper authorities and provide the certificate. Feb-21 Occupational Safety and OSH Management Systems The employer has not developed any Develop mechanism to ensure Health mechanism to ensure cooperation cooperation on OSH matters, by on OSH matters. establishing an OSH committee. Feb-21 Occupational Safety and OSH Management Systems Management could not provide Conduct OSH internal assessment Health evidence of OSH assessment reports 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 to Resources the warehouse did not have safety ensure that all safety precautions workers. belts for heavy lifting. are enforced. Feb-21 Contract and Human Employment Contracts Workers' contract did not comply Review the employment contract Resources with the Labour Code. to include the required elements. Feb-21 Compensation Social Security and Other Inaccurate to OFATMA for maternity Collect and forward 3 per cent of Benefits and health insurance. 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’ average Benefits and health insurance. 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 Benefits work related accident was shared OFATMA to make the payment. payment to OFATMA for work During the assessment visit. 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 of Benefits contribution to ONA on time. Payment to ONA. Payments are current. Feb-21 Compensation Social Security and Other Employer's contribution to ONA is Pay employer’ contribution to Employer submitted proof of Benefits late. ONA on time. Payment to ONA. Payments are current. Feb-21 Compensation Paid Leave Inaccurate annual leave payments. Calculate the annual leave on worker's daily average earnings Feb-21 Compensation Wage Information, Use and Lack of accuracy of overtime hours Pay and report overtime according Deduction to the legal requirements. [page 139] [page 140] 139 BETTER WORK HAITI - 24TH 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 27-May-22 Virtual advisory meeting Meeting with the compliance team to discuss about the implementation of a bipartite committee. Verify the following items in the improvement plan: Annual leave, working environment, welfare facilities. Review of documentations such as Breast feeding brakes, Annual leave, compensation and COVID-19 Policy. 29-Apr-22 Virtual PICC Meeting Meeting on grievance mechanism and gender based violence 28-Apr-22 Training Virtual OSH Event Workshop. 18-Mar-22 Virtual advisory meeting Meeting with the Bipartite committee to present the training plan and discuss about the training needs. Meeting with the compliance team to explain the first Progress Report and session on Management systems. 9-Dec-21 Virtual advisory meeting Meeting with the bipartite committee to present the last assessment report and discuss about improvements made by the factory. Meeting with the compliance team to identify the root causes in the improvement plan. Then explain the Matrix of OSH responsibilities. 24-Sep-21 Virtual Bipartite committee Meeting with the Bipartite committee on the self diagnosis process. meeting 24-Sep-21 Virtual 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 Virtual bipartite committee Meeting on Grievance mechanism. meeting 30-Jun-21 Virtual advisory meeting Session with the compliance team on Boiler Safety. 21-May-21 Virtual 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 Virtual bipartite committee Meeting to explain how to develop a grievance procedure, then verify improvements in terms of emergency preparedness, protective equipment and chemical meeting management inventory. 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, providing The factory has a procedure 7 additional systematic breaks. additional breaks to pregnant women. in place for additional breaks for pregnant women. [page 141] 140 | Nov-21 Working Time Regular Hours The regular working hours are from Revise the internal regulations and 7 7:00 AM to 3:30 PM (6) days per make sure that the regular hours do week, which is equivalent to 8 hours not exceed 48 hours per week. per day and 51 hours per week Nov-21 Occupational Safety and Emergency Preparedness Improper location of a power outlet, Relocate power outlet in a proper Training has been conducted. 7 Health right below an eyewash station. location or relocate eye wash station. Nov-21 Occupational Safety and Emergency Preparedness The escape routes are not clearly Paint evacuation arrows and yellow The floor has been repainted. 31 Health marked in all the buildings. lines on the floor to show the exit pathway. Nov-21 Occupational Safety and Health Services and First Aid Insufficient medical staff. Hire additional medical staff to have 59 Health 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 Aid Workers have not received appropriate Discuss the legal requirements with 59 Health annual health checks as prescribed by the General Manager. Pay the health the law. card. Provide free annual health checks to all workers. Nov-21 Occupational Safety and Health Services and First Aid Newly hired workers do not received Discuss the legal requirements with 7 Health the health card within the first 3 the General Manager. Pay for the month of hiring. (CDS) health card. Nov-21 Occupational Safety and Welfare Facilities Insufficient number of toilets for men Increase the number of toilets to have 59 Health and women 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 sections. Increase the light level to reach 300 59 Health 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 7 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 7 Health checked consistently. temperature at the entrance. Keepa a registry for people registry for people presenting a presenting a temperature temperature of 38 C and above. above 38 C. Nov-21 Occupational Safety and Worker Protection Several sewing machines were missing Develop a maintenance plan and The protective guards have 7 Health the finger guards. install guards on all dangerous moving been installed on the sewing parts of machines and equipment machines. [page 142] 141 Nov-21 Occupational Safety and Worker Protection Several chairs were missing back rest Include this aspect in the daily and 7 Health and several others were in poor weekly checks. Provide chairs with condition. backrest to all workers. Nov-21 Occupational Safety and Worker Protection Proper personal protective equipment Provide employees with all necessary 59 Health are not provided to all workers. personal protective clothing and equipment according to PPE regulation Nov-21 Occupational Safety and Chemicals and Hazardous Unlabelled containers of chemical and Develop a policy on chemical 31 Health Substances hazardous substances found in the management and include this aspect workplace. in the daily and weekly checks. Label all containers of chemical products. Nov-21 Occupational Safety and Chemicals and Hazardous incomplete and Inaccurate inventory _ Develop a chemical management The factory kept a daily 37 Health Substances of chemical and hazardous policy. Review and update the inventory on site where substances. inventory regularly chemicals are used. Nov-21 Contracts and Human Termination The calculation of workers’ bonus Discuss legal requirements with the 7 Resources payment upon termination does not General Manager and pay the lunch include the lunch break payment. break. Nov-21 Contracts and Human Termination The calculation of unused paid annual Discuss legal requirements with the 7 Resources leave payment upon termination does General Manager and pay the lunch not include the lunch break payment. break Nov-21 Contracts and Human Termination The calculation of the applicable Discuss legal requirements with the 7 Resources notice period payment does not General Manager and pay the lunch include the lunch break payment. break. Nov-21 Contracts and Human Employment Contracts Workers' contracts do not include all Review all contract to include the 7 Resources the necessary elements of a written necessary elements. Provide contract such as nature of work, an employment contract to all benefit and employer's signature workers. Nov-21 Compensation Social Security and Other The calculation for the annual salary Discuss legal requirements with the 7 Benefits supplement or bonus does not General Manager, pay the lunch break include the lunch break payment. and include it in the calculation for the annual salary supplement. Nov-21 Compensation Social Security and Other The employer does not collect and Pay the lunch break. Register with 59 Benefits forward workers contribution to OFATMA for maternity and heath OFATMA for maternity and health insurance. Collect and forward workers insurance. contribution to the social security institution. Nov-21 Compensation Social Security and Other The employer does not contribute 3 Discuss legal requirements with the 5 Benefits percent of workers’ basic salary to General Manager, pay the lunch break OFATMA for maternity and health and contribute 3 percent of workers’ insurance. basic salary to the social security institution. [page 143] 142 Nov-21 Compensation Social Security and Other The factory has not shared proof of Pay OFATMA work related accident 69 Benefits payment to OFATMA for work-related on time. Pay the CDS accident insurance for the fiscal year (Health Card) as well. 2020-2021. Nov-21 Compensation Social Security and Other Worker's contributions to ONA are not Pay the lunch break and Forward 38 Benefits submitted on time consistently and worker's contribution to ONA within do not include the lunch break the first 10 business days of the next payment. month for the previous month. Nov-21 Compensation Social Security and Other Employers contributions to ONA are Pay the lunch break and Forward 38 Benefits not submitted on time consistently employer contribution to ONA within and do not include the lunch break the first 10 business days of the next payment. month for the previous month Nov-21 Compensation Paid Leave The factory did not pay annual leave, Pay the lunch break and include it in 7 Sick leave, maternity leave and the the calculation of annual leave, sick daily break correctly. leave and maternity leave. Nov-21 Compensation Paid Leave The lunch break is not compensated Pay the lunch break. 7 in the payroll. Nov-21 Compensation Paid Leave Workers are paid 6 weeks of maternity Register with OFATMA for maternity 53 leave when they are entitled to 12 and health insurance and pay the weeks of payment. lunch break. Ensure that workers receive 12 weeks of payment for maternitv leave. Nov-21 Compensation Paid Leave The calculation of payment for sick Pay the lunch break and include it in 7 leave does not include the lunch break the calculation of sick leave. payment. Nov-21 Compensation Paid Leave The daily break is not compensated Pay the lunch break and include it in 7 and included in the calculation ofthe the calculation of annual leave. annual leave payment. Assessment October 2020 - November 2019 Oct-20 Occupational Safety and OSH Management Systems The factory does not have an Develop an adequate COVID-19 The company is reviewing the Health adequate COVID-19 protocol that protocol with all the relevant elements COVID-19 policy. includes all the relevant elements. as per Better Work Haiti's guidelines. Nov-19 Compensation Paid Leave The factory has not registered with Register with OFATMA for maternity OFATMA for maternity and health and health insurance to ensure that insurance. 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 % of Benefits employer's contributions to ONA. workers base salary to ONA for employer's contribution. [page 144] 143 Nov-9 Compensation Social Security and Other Inaccurate and late payment of Pay ONA on time. Forward 6 % of Benefits workers’ contributions to ONA. workers base salary to ONA for the workers’ contribution Nov-19 Compensation Social Security and Other Payment to OFATMA for work related Complete the payment for the fiscal Benefits accidents insurance was late and 2018-2019. inaccurate. Nov-19 Compensation Social Security and Other Factory has not registered with Register with OFATMA for maternity Benefits OFATMA for maternity and health and health insurance and forward insurance. employer's contribution. Nov-19 Compensation Social Security and Other Factory has not registered with Register with OFATMA for maternity Benefits OFATMA for maternity and health and health insurance and forward insurance. workers’ contributions. Nov-19 Occupational Safety and OSH Management Systems No construction/building permits Have an evaluation from an Health were available at the time of independent qualified entity to ensure assessment. that the building is safe. Nov-19 Occupational Safety and Chemicals and Hazardous Incomplete inventory of chemical and Keep a complete and accurate Factory listed all the Health Substances hazardous substances. inventory of all chemical and chemicals used in the hazardous substances used in the workplace and included them workplace. in separated chemical inventory depending on their purpose. Nov-19 Occupational Safety and Chemicals and Hazardous Improper labelling of chemical Label the chemical containers Training has been provided Health Substances products containers. properly. and containers are properly labelled. Nov-19 Occupational Safety and Chemicals and Hazardous Improper storage of chemical and Store chemicals in a appropriate Health Substances hazardous substances. location. Nov-19 Occupational Safety and Chemicals and Hazardous Several material safety data sheets Translate MSDS into local language AII MSDS are translated and Health Substances were not displayed in the local 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 PPE. equipment to workers where needed. workers. Nov-19 Occupational Safety and Worker Protection Standing workers in several sections of Provide foot rest or ergonomic mats Management replaced Health the workplace did not have anti to all standing workers. damaged mats. All standing fatigue mats nor the footrest . workers are provided with mats. Nov-19 Occupational Safety and Working Environment Insufficient light levels in several Ensure that light level is adequate in Health sections of the workplace all section especially in the inspection section of building one and the sewing of building 2. [page 145] 144 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 available Increase the number of toilets Health for women. available for women. Nov-19 Occupational Safety and Health Services and First Aid Annual medical checks are not Provide free medical checks to all Management has contracted Health 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 Aid Insufficient number of nurses. Increase the number of nurse to Health 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 appropriate Health products. and safe place. [page 146] 145 BETTER WORK HAITI - 24TH SYNTHESIS REPORT Factory: HANSAE HAITI S.A Location Port-au-Prince Number of workers: 2699 Date of registration Jan-17 Date of last two Better Feb-21 Mar-22 Work assessments: Advisory and Training Services 10-Jun-22 Advisory meeting Review of the Improvement plan. Discussion on FOA issues and redemiation pathway for the facory. Meeting with the union regarding issues they are facing with factory management. Meeting with bipartite committee on improvement plan priorities. 9-Jun-22 Training Virtual Supervisory Skills (SST) T-Mar-22 Training Virtual Sexual Harassment Awareness and Prevention for Supervisors 4-Mar-22 Virtual advisory meeting Meeting with the bipartite committee to verify if the committee is active. Identify the training needs and the challenges of the committee. Virtual OSH tour of the Dormitories. Meeting with the compliance team to explain the lunch break payment and review the documentations 1-Sep-21 Virtual advisory meeting Meeting with management regarding SOTABO's new union committee. 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 letter to management. Meeting with PICC regardin the new committee and social dialogue. 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. 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 management on Road map and priorities. Review of assessment exit meeting. Bipartite Committee meeting on recruitment procedures, grievance handling and rules for committee members. ASSESSMENT COMPLIANCE CLUSTER COMPLIANCE POINT DETAILS OF NON COMPLIANCE IMPROVEMENT PRIORITIES REMEDIATION EFFORTS MONTHS Assessment March 2022 Mar-22 Occupational Safety and OSH Management Systems The written OSH policy does not Update the OSH policy The Compliance department 8 Health include measurable objectives and through consultion with is updating its OSH policy improvements targets. workers’ representatives. through consultation with The policy was not developed workers’ representative by through consultation with workers’ adding measurable representatives. objectives and improvements targets . [page 147] 146 Mar-22 Occupational Safety and OSH Management Systems The factory does not have an Implement a Hazard /risk The compliance team is in 3 Health appropriate hazard/risk management and control the process of elaborating a management and control procedure that includes: Hazard /Risk management procedures. A systematic approach to and control procedure identifying hazards. A structure including : A systematic to prioritize risks based on approach to identifying potential impact and hazards. A structure to likelihood. A prioritize risks based on hierachy of controls that is potential impact and used to select effective likelihood. A hierachy of controls. A risk register controls that is used to select that drives the implementation effective controls. A risk of controls register that drives the implementation of controls Mar-22 Occupational Safety and OSH Management Systems The employer did not perform Perform regular reviews of the The Compliance team is 3 Health regular reviews of the effectiveness of effectiveness of the working on a regular review its management system documents. management system including of the effectiveness of performance on measurable management system, to objectives and targets. include performance on measurable objectives and targets. Mar-22 Contracts and Human Employment Contracts During the assessment, management Investigate issues related to The HR department is in the 3 Resources did not show evidence of lack of HR performance or process of implementing an investigation of performance issues. shortcomings. investigation procedures for HR shortcomings or performance issues. Mar-22 Working Time Regular Hours The regular working hours exceeded Include the lunch break in the No progress because factory 3 48 hours. regular work hours as is waiting for a clear prescribed by the labor code . notification from MAST on the implementtaion the lunch break period. As of 15/1/2019, at the request of SOHSA, the union members and the administration have agreed to use the old law in the lieu of the new 3x8 law. Mar-22 Occupational Safety and Emergency Preparedness Combustible materials were stored in Remove the combustible The maintenance team has 3 Health the generator room of building 1 materials from the generator already repaired the leak in room . the area where combustible materials are stored and they have removed the combustible materials from the generator room in Building 1. [page 148] 147 Mar-22 Occupational Safety and Emergency Preparedness Evacuation drills were not conducted Perform evacuation drill for The company carried out 31 Health every 6 months as recommended by building 21. evacuation drills in factories Better Work. #21 and #50 on 14/5/2022. Mar-22 Occupational Safety and Emergency Preparedness The aisles in the stock room of Ensure routes are free from Factory has removed all 15 Health buildings 1, 21 and 55 were obstacles . Train maintenace obstacles from aisles of obstructed. team to perform daily check. building #1,#21,#55. Factory has developed procedures to include OSH committee members in ensuring routes are cleared. Factory assigned maintenance team to conduct daily safety checks to maintain the the routes and aisles free from obstacles. Mar-22 Occupational Safety and Emergency Preparedness One fire extinguisher was obstructed Maintain the Fire extinguishers Factory advised mechanical 3 Health in the mechanic shop of building 1. free from obstacles. Provide manager that all fire training to the workers at this extinguishers should be free area. from obstacles. Training will be provided to all workers in this area. Mar-22 Occupational Safety and Emergency Preparedness Fire detectors were not installed in Install the fire detectors inthe The maintenance team had 3 Health the generator room and boiler room generator and boiler rooms. already installed the fire of building 50. detector in the generator room and in boiler room of building #50 during the assessment day. Mar-22 Occupational Safety and Health Services and First Aid The number of nurses is insufficient Hired more nurses to comply The factory has hired 4 more 31 Health as per the Haitian Labor Code. with the requirement . nurses to comply with Haitian law. Mar-22 Occupational Safety and Working Environment The floor in the generator room of Clean the floor in the generator The maintenance team has 3 Health building 1 was slippery due to a water room of building # 1. Replace already cleaned the floor in and oil spill and no danger sign was the damaged steam pipes the generator of building 1, displayed in this area. and replaced the damaged steam pipes. Mar-22 Occupational Safety and Working Environment The light levels were inadequate in Provide sufficient lighting to Theillumination monitoring 3 Health sewing and packing sections. each section as requested by report is already done as Betterwork . requested by Better Work. Additional lights were added to each section. [page 149] 148 Mar-22 Occupational Safety and Worker Protection Workers working at height used Install the side rails in the The maintenance team has 3 Health industrial platform ladders without industrial platform ladder. already installed the side rails side rails of at least O.90m as in the industrial platform recommended by the labor Code. ladder. Mar-22 Occupational Safety and Worker Protection Improper maintenance of electrical Install the cover in the electrical The maintenance team had 3 Health boxes and battery terminals. box. Protect the battery already installed the cover in terminals with plastic covers. the electrical box as well as the battery terminals. Mar-22 Occupational Safety and Worker Protection The compressor in the generator Install the belt guards. Perform The maintenance team has 3 Health room was missing belt guards. regular maintenance checks. already installed the belt guard in the compressor Mar-22 Occupational Safety and Worker Protection The boiler operator was not properly Provide training to the boiler The factory provided the 3 Health trained. The factory did not provide operator and keep proper training to the generator any training records to the assessors. records. boiler operator. Mar-22 Occupational Safety and Worker Protection The employer did not provide proper Provide Mask against chemical The compliance department 15 Health PPE to all workers. vapors to workers using provided all the PPE that chemical products, Helmet for advisor has listed. Training workers working at heights, on the use of PPE were safety belts for workers doing carried out for workers in heavy lifting, earplugs for spot cleaning area. workers in the generator room, gloves for workers in the toilets. Mar-22 Occupational Safety and Chemicals and Hazardous Fifteen hazardous chemicals were Place the chemical safety data During the assessment, the 36 Health Substances found without chemical safety data sheet where these chemicals compliance department had sheets. are stored and used. already placed the chemical safety data sheets where the chemicals are used and stored. Mar-22 Occupational Safety and Chemicals and Hazardous Assessors found three containers of Label the containers and During the assessment the 36 Health Substances products that were not properly include "classification, hazards, compliance department had labelled. and safety precautions" already corrected the labels on all 3 containers. Mar-22 Occupational Safety and Chemnicals and Hazardous The chemical inventory was not Setup an accurate inventory of The factory updated the new 31 Health Substances accurate and did not include the chemicals and include all the chemical inventory list. The name of all chemicals used in the chemicals used in the factory implemented workplace. workplace. preventive measures to facilitate a better monitoring of the chemicals. [page 150] 149 Mar-22 Occupational Safety and OSH Management Systems The factory did not share any Share the structural safety Factory has official building 3 Health structural safety certificates, certificate certificate in hand. certifying the structure of the building meets the safety requirements for an industrial structure. Mar-22 Contracts and Human Employment Contracts The internal work rules does not Include the payment time in Payment time has been 15 Resources comply with the labor code. It is the internal work rules included in the internal work missing the payment time. rules and approved by MAST on March 25, 2022. Mar-22 Compensation Social Security and Other At the time of the assessment visit, Pay the lunch break as No progress has been made, 2 Benefits the last two recent payments to prescribed law and include itin because the factory is OFATMA for maternity and health the calculation of the average waiting for a clear notification insurance were late and no payment daily salary. from MAST on implementing was done for the month of February the lunch Break .At the date 2022. Furthermore, lunch break of 15/1/2019, at the request payment is not included in the of SOHSA, the union calculation. members and the administration have agreed to use the old law in the lieu of the new 3x8 law. Mar-22 Compensation Social Security and Other At the time of assessment visit, the Pay the lunch break as No progress has been made 2 Benefits last two recent payments to prescribed law and include it in because the factory is OFATMA for maternity and health the calculation of the average waiting for a clear were late and no payment was done daily salary. notification from MAST on for the month of February implementing the lunch 2022.Furthermore, lunch break break .At the date of payment is not included in the 15/1/2019, at the request of calculation. SOHSA, the union members and the administration have agreed to use the old law in the lieu of the new 3x8 law. Mar-22 Compensation Social Security and Other The maternity leave and Sick leave Pay the lunch break as No progress has been made, 2 Benefits payment do not include the lunch prescribed law and include itin because the factory is break payment. the calculation of the average waiting for a clear notification daily salary. from MAST on implementing the lunch Break At the date of 15/1/2019, at the request of SOHSA, the union members and the administration have agreed to use the old law in the lieu of the new 3x8 law. [page 151] 150 Mar-22 Compensation Social Security and Other The annual salary supplement or Pay the lunch break as No progress has been made, 2 Benefits bonus calculation does not include prescribed law and include itin because the factory is the lunch break payment. the calculation of the average waiting for a clear notification daily salary. from MAST on implementing the lunch Break At the date of 15/11/2019, at the request of SOHSA, the union members and the administration have agreed to use the old law in the lieu Mar-22 Compensation Paid Leave The factory did not pay annual leave, Pay the lunch break as No progress has been made, 2 Sick leave and maternity leave prescribed law and include itin because the factory is correctly because the payment of the the calculation of the average waiting for a clear notification lunch break is not included in the daily salary. from MAST on implementing calculation. the lunch Break .As of 15/1/2019, at the request of SOHSA, the union members and the administration have agreed to use the old law in the lieu of the new 3x8 law. Mar-22 Compensation Paid Leave The lunch break is not compensated Pay the lunch break as No progress has been made, 2 in the payroll. prescribed law and include itin because the factory is the calculation of the average waiting for a clear notification daily salary. from MAST on implementing the lunch Break .As of 15/1/2019, at the request of SOHSA, the union members and the administration have agreed to use the old law in ÉPNTRPE E V OT Mar-22 Compensation Paid Leave The maternity leave payment does Pay the lunch break as No progress has been made, 2 not include the lunch break payment. prescribed by the labor code. because the factory is waiting for a clear notification from MAST on implementing the lunch Break .As of 15/1/2019, at the request of SOHSA, the union members and the administration have agreed to use the old law in the lieu of the new 3x8 law. [page 152] Mar-22 Compensation Paid Leave Sick leave payments are not based Pay the lunch break as No progress has been made, 2 on average daily earnings, because prescribed by the labor code because the factory is the calculation does not include the waiting for a clear notification lunch break payment. from MAST on implementing the lunch Break .As of 15/1/2019, at the request of SOHSA, the union members and the administration have agreed to use the old law in the lieu of the new 3x8 law. Mar-22 Compensation Paid Leave The annual leave payment does not Pay the lunch break as No progress has been made, 2 include the lunch break payment in prescribed by the labor code because the factory is the calculation of the average daily waiting for a clear notification salary. from MAST on implementing the lunch break. Mar-22 Freedom of Association and Freedom to Associate The employer did not grant accessto Training and awareness-raising Hansae Haiti submitted all 3 Collective Bargaining a legally registered trade union in a on Freedom of Association to explanatory materials to timely manner. Hansae Haiti S.A management BMST to prove that Hansae and other employee having a went through fair dismissal relationship of authority with process regarding the the workers termination of union Update the policy on freedom members. of association to clearly define Factory already provided the roles and responsibilities of awareness session on both parties, company regulation including General discipline policy and local labor law to avoid any misunderstanding and confusion. Company continues to implement all company process based on labor law and company regulation. Factory already provide training on FOA for management and all personnel in contract to ensure any of the FOA and union related regulations are carried out in line with the [page 153] 152 Mar-22 Discrimination Gender The documents examined showed Send the evidence of maternity The factory had resolved the 3 that the salary for the breastfeeding leave payment before and after issue during the women was lower than it was before to prove tha the factory is assessement process. Some they went on maternity leave. paying the workers correctly. of the workers were moved to other positions upon request. The factory also submitted proof that the workers are earning the same amount of money before and after their maternity Assessment February 2021 Feb-21 Occupational Safety and Emergency Preparedness Evacuation drills were not performed Conduct an emergency drill The evacuation drill was Health twice a year. every 6 months. conducted on March 6, 2021 Feb-21 Occupational Safety and Emergency Preparedness Emergency doors are not accessible Keep emergency exits Emergency doors are Health (locked) during working hours. unlocked during working hours. unlocked during working hours. Evacuation plan has been elaborated Workers are trained Feb-21 Occupational Safety and Emergency Preparedness Evacuation map does not reflect the Update the evacuation map to Evacuation map has been Health layout of the building. reflect the layout of the updated and routes are building. marked. Feb-21 Occupational Safety and Health Services and First Aid Insufficient number of nurses. Hire more nurses to comply Two more nurses were hired. Health with the labor code. Feb-21 Occupational Safety and Working Environment Temperature exceeded the Ensure that the temperature Cooling system issues has Health recommended level of 30C in all levels do not exceed 30 Cin all been addressed. For all sections of the workplace. production department. section the temperature level is in compliance with the requirement. Feb-21 Occupational Safety and Worker Protection Workers' body temperature checks Systematically check all a system of body Health are not done consistently during worker's body temperature temperature checking entry and re-entry after the lunch upon entry and re-entry. implemented upon entry, re- break. entry and after lunch break. Feb-21 Occupational Safety and Worker Protection Gloves were not available in the Provide gloves to mechanic The compliance team Health mechanic shop. shop workers. already provided the gloves to the mechanic shop and the workers are trained on the use of PPE. [page 154] 153 Feb-21 Occupational Safety and Chemnicals and Hazardous Eyewash stations are not installed is Ensure that eye wash stations Factory already installed all Health Substances several areas where chemical and are available where chemical the eyes wash station and hazardous substances are used. and hazardous substances are training have been provided used or stored. to the workers. Feb-21 Occupational Safety and Chemicals and Hazardous Several hazardous chemicals were Ensure safety data sheets are The compliance team Health Substances found without safety data sheets. available for all chemicals in elaborated the MSDS and set used in the workplace. MSDS up new inventory process. must be in local language. Workers involved in chemical were trained on May 2021. Feb-21 Occupational Safety and Chemicals and Hazardous Unlabeled containers of chemical label all containers of chemical The Compliance team Health Substances and hazardous substances found in and hazardous substance used already identified the the workplace. in the workplace. container, also a training on chemical handling was provided on May 2021to the workers at the hailar ranm Feb-21 Occupational Safety and Chemicals and Hazardous The chemical inventory did not Keep an accurate inventory. The chemical list is Health Substances include the name of all chemicals completed and updated. The used in the workplace. compliance team is implementing a system, using the purchase list to update the chemical inventarnv list Feb-21 Contract and Human Contracting Procedures Working contract for nurses does not Include the agreed salary on The HR Team already Resources include the salary. nurses' contract. corrected all the contract. Feb-21 Contract and Human Employment Contracts The internal work rules are missing Ensure that internal rules and We sent a letter with our Resources the working hours, break time and regulation cover working hours, operation hour policy, and it payment time. break time and payment time is approved by MAST. and is approved by MAST. [page 155] 154 BETTER WORK HAITI - 24TH 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 Virtual advisory meeting Meeting with management on improvement plan. Meeting with union committee on pending concerns. Jul-21 Virtual advisory meeting Discussion with management on improvement plan status. Discussion was also on specific complaints receive from workers to verify the May-21 Virtual 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. DETAILS OF NON ASSESSMENT COMPLIANCE CLUSTER COMPLIANCE POINT COMPLIANCE IMPROVEMENT PRIORITIES REMEDIATION EFFORTS MONTHS Assessment October 2021 Sep-21 Working time Regular Hours No additional breaks for provide pregnant women with 12 pregnant workers. the additional legal breaks, as mandated by law. Sep-21 Occupational Safety Emergency Less than 10 percent of the Ensure to have 10 percent of the 12 and Health Preparedness workforce trained in fire workforce trained on the use of fighting. firefighting equipment. Sep-21 Occupational Safety Emergency Workers interviewed revealed Conduct the fire drill on due 12 and Health Preparedness that they were unaware of time and post the emergency the current risks at the evacuation procedure on the factory and were not floor. prepared to respond to workplace emergencies. Sep-21 Occupational Safety Emergency The factory did not take Fix the diesel leak in the boiler 12 and Health Preparedness steps to control potential room. Post warning signs where sources of ignition. necessary and have adequate written procedures for the boiler room. Sep-21 Occupational Safety Emergency No fire drill conducted during Conduct a fire drill every six 34 and Health Preparedness the past 12 months. months. Sep-21 Occupational Safety Emergency The alarm system was not Ensure that the alarm system is 12 and Health Preparedness working. properly working. [page 156] 155 Sep-21 Occupational Safety Health Services and The total number of workers Train 10 percent of the workforce 12 and Health First Aid trained in first aid is less than in first aid. 10 percent of the workforce. Sep-21 Occupational Safety Health Services and Three first aid boxes were Ensure that first aid boxes have 12 and Health First Aid missing medical supplies. necessary items. Sep-21 Occupational Safety Health Services and No medical checks were not Provide free health check to all 60 and Health First Aid performed for workers. workers once a year. Sep-21 Occupational Safety Health Services and No medical checks for Provide free health check twice a 34 and Health First Aid workers exposed to chemical year to workers who are exposed and hazardous substances. to chemical and hazardous substances. Sep-21 Occupational Safety Health Services and No medical checks Ensure that newly hired workers 34 and Health First Aid performed within the first 3 receive the health card and a months of hiring. health check within the first 3 months of hiring . Sep-21 Occupational Safety Welfare Facilities The eating areas do not have Ensure that the eating area can 12 and Health the capacity to accommodate all the workers accommodate all workers. with the distance requirements. Sep-21 Occupational Safety Welfare Facilities The water test was not Conduct a water test on a 12 and Health performed on a monthly monthly basis. Have the water basis by a certified coolers cleaned on a regular laboratory. basis. Sep-21 Occupational Safety Welfare Facilities Paper and soap are not Provide soap and paper to 48 and Health available at all times in the workers during the working time. workspace. Sep-21 Occupational Safety Welfare Facilities Insufficient toilets for Have a sufficient number of 34 and Health women. toilet for women. Sep-21 Occupational Safety Working Environment The electrical cable for the Ensure to clean the workplace 12 and Health lights on the sewing floor are on a regular basis. covered with 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 Provide appropriate lighting for 60 and Health several sections of the all working sections. workplace. [page 157] 156 Sep-21 Occupational Safety Worker Protection No body temperature checks Check all workers and visitors 12 and Health upon entry in a systematic body temperature upon entry in way. Factory does not keep a a systematic way and keep a registry for all persons who registry for all persons who present a temperature of present a temperature of 38C 38C and above. and above. Sep-21 Occupational Safety Worker Protection Workers’ physical and social Ensure that the 1.5 meter of 12 and Health distance is not respected in distance is respected in all all sections of the factory, as sections of the factory, as well as well as during entry and exit. during entry and exit. Sep-21 Occupational Safety Worker Protection 60 percent of the sewing Equip all the sewing machines 12 and Health machines were missing eye with their necessary guards. guards and finger guards. Sep-21 Occupational Safety Worker Protection 20 percent of standing Provide foot rests or shock 12 and Health workers in quality section absorbing mats to all standing were not provided with foot workers. rests or shock absorbing mats. Sep-21 Occupational Safety Worker Protection The employer has not Provide necessary personal 60 and Health provided necessary personal protective equipment to workers protective equipment to all in the mechanics’ shop, in the workers. generator and compressor rooms and in the boiler room. Sep-21 Occupational Safety Chemicals and The employer did not Provide training on chemical 12 and Health Hazardous provide training to workers handling to workers using and Substances on chemical handling exposed to chemical and products. hazardous substances. Sep-21 Occupational Safety Chemicals and Spot cleaning area is not Ensure that spot cleaning area 12 and Health Hazardous isolated, thus exposing has proper condition to prevent Substances sewing workers to the unnecessary exposure of workers chemical vapor. to chemicals. Sep-21 Occupational Safety Chemicals and Several hazardous chemicals Have safety data sheets are 60 and Health Hazardous were found without chemical available for all hazardous and Substances safety data sheets. chemical products where they are used and stored. Sep-21 Occupational Safety Chemicals and Improper storage of chemical Chemicals should be stored in a 12 and Health Hazardous and hazardous substances. properly ventilated area. Substances [page 158] 157 Sep-21 Occupational Safety Chemicals and unlabelled containers of Label all containers of chemical 12 and Health Hazardous chemical and hazardous and hazardous substances used Substances substances found in the and stored in the workplace. workplace. Sep-21 Occupational Safety Chemicals and Factory does not maintain a Keep an inventory of all 60 and Health Hazardous chemical inventory listing all chemicals used in the workplace Substances the chemicals used including and make the list available to all their locations. relevant people. Sep-21 Occupational Safety OSH Management The factory did not record Record work related accidents 34 and Health Systems work related accidents and and submit them to OFATMA submit them to OFATMA on on a monthly basis. a monthly basis. Sep-21 Occupational Safety OSH Management The safety and health Establish an effective OSH 34 and Health Systems committee was not committee to discuss and functional. address OSH related matters. Sep-21 Occupational Safety OSH Management No reports on general Conduct general OSH 41 and Health Systems occupational safety and assessment on a monthly basis health were available for the and record it for review last 12 months. purposes. Sep-21 Contract & Human Termination The annual salary Pay the lunch break and include 12 Resources supplement upon the payment in the calculation termination does not include of the annual salary supplement the lunch break payment. upon termination. Sep-21 Contract & Human Termination The annual leave upon Pay the lunch break and include 12 Resources termination does not include the payment in the calculation the lunch break payment. of the annual leave upon termination. Sep-21 Contract & Human Termination The notice period payment Ensure that lunch break 12 Resources does not include the lunch payment is included in the break payment. calculation of the notice period payment. Sep-21 Compensation Social Security and The annual salary Include the lunch break payment 12 Other Benefits supplement or bonus does in the calculation of the annual not include the lunch break salary supplement or bonus. payment. [page 159] 158 Sep-21 Compensation Social Security and The employer collected but Collect and forward workers 60 Other Benefits did forward workers’ contributions to OFATMA on contributions to OFATMA time, within the 10th working on a monthly basis and does days of each month. Include the not include the lunch break lunch break payment in the payment. calculation of the average salary. Sep-21 Compensation Social Security and The employer contribution to Ensure that employer As per an agreement with 60 Other Benefits OFATMA does not include contribution to OFATMA is OFATMA, the factory made a first the lunch break payment. made on time. include the lunch payment in February 2021, then a break payment in the calculation second payment in March 2021 on of the average daily salary. 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. Sep-21 Compensation Social Security and The factory has not Ensure that the contribution to 60 Other Benefits completed the payment of OFATMA for accident insurance for the fiscal year 2019-2020 is made on time. Factory should to OFATMA for accident also document any agreement insurance. concluded with OFATMA on that regard. Sep-21 Compensation Social Security and The employer collects but Collect and forward workers" 60 Other Benerfits does not forwards workers’ contributions on time within the contributions to ONA on a 10 days of each month. Include monthly basis. the lunch break payment in the calculation of the average daily salary. Sep-21 Compensation Social Security and The employer contribution to Pay employer contribution on 60 Other Benefits ONA is not calculated on the time, within the 10 working days average daily salary. of each month. include the Furthermore, the calculation lunch break payment in the does not include the lunch calculation of the average daily break payment. salary. [page 160] 159 Sep-21 Compensation Paid Leave Annual leave and sick leave Include the lunch break payment 12 payments are not accurate in the calculation of any leaves as the lunch break payment payment. is not included in the calculation. Sep-21 Compensation Paid Leave Lunch breaks is not Pay lunch break as required by 12 compensated in the payroll. the new law. Sep-21 Compensation Paid Leave The factory has no records of Provide 12 weeks of maternity 41 maternity leave payments. leave payment to eligible workers. Sep-21 Compensation Paid Leave Management did not provide Ensure that lunch break 41 any proof of payment for payment is included in the sick leave. calculation of sick leave. Sep-21 Compensation Paid Leave The annual leave payment Include the lunch break payment 12 does not include the lunch in the calculation of annual leave break payment. payment. Assessment July 2019 Jul-19 Compensation Wage Information, Discrepancy between the Report the accurate working Overtime are reported in the payroll Use and Deduction time records and the payroll. time in the payroll including the and properly paid. overtime worked. Jul-19 Compensation Paid Leave Inaccurate payment for Report the accurate working Overtime is properly paid and annual leave. time in the payroll, including the overtime payment is included in overtime worked for the the calculation of total earnings. calculation of annual leave payment. Jul-19 Compensation Paid Leave Inaccurate payment for sick Report the accurate working Overtime is reported in the payroll leave. time in the payroll, including the and properly compensated. overtime worked for the Overtime payment is also included calculation of sick leave in the calculation of total earnings. payment. Jul-19 Compensation Paid Leave Inaccurate payment for Report the accurate working Overtime worked is paid and maternity leave. time in the payroll, including the included in the calculation of the overtime worked for the average earning. calculation of maternity leave payment. [page 161] 160 Jul-19 Compensation Social Security and Factory did not pay OFATMA Complete the payment for The factory has established a Other Benefits for accident insurance for the OFATMA work related accident payment agreement with OFATMA. previous fiscal year 2017- for the fiscal year 2018-2019. 2018 and current one 2018- 2019. Jul-19 Compensation Social Security and Last payment of the Pay the employer's contribution The factory has a payment Other Benefits employer's contribution to to OFATMA within the first 10 agreement with OFATMA regarding OFATMA was done in March days of each month for the the payment. 2019 for the month of previous month. February 2019. Jul-19 Compensation Social Security and Last payment of the workers’ Complete the payment for Factory has established à payment Other Benefits contribution to OFATMA was unpaid months as agreed with agreement with OFATMA regarding done in March 2019 for the OFATMA. Pay the OFATMA the payment. month of February 2019. contribution within the first 10 days of each month for the previous month. Jul-19 Compensation Social Security and Inaccurate payment for Report the accurate working Pay slip displays that overtime and Other Benerfits annual salary supplement or time including the overtime related payments are included in bonus to workers. worked, in the payroll. the overtime worked. Jul-19 Occupational Safety OSH Management Employer did not perform an Perform factory OSH The reports were found and are and Health Systems evaluation of general assessment is done on a regular available for consultation. The occupational safety and basis and properly file the compliance officer to perform health issues in the reports. regularly an evaluation of general workplace. occupational safety and health issues in the workplace. Jul-19 Occupational Safety OSH Management Meeting minutes were not Keep the meeting minutes on a The committee is reactivated again and Health Systems available to confirm reliable support and forward the and the monthly meetings are committee's participation in minutes to the factory's advisor. already taking place. Minutes of the OSH decisions and proper reports are available for performance of OSH consultation. functions. Jul-19 Occupational Safety OSH Management The factory does not record Record all the accidents that All records are submitted on a and Health Systems and submit work related happened in the factory and monthly basis to OFATMA. The accidents to OFATMA on a forward the records to OFATMA reports are available for monthly basis. on a monthly basis. consultation. [page 162] 161 Jul-19 Occupational Safety Chemicals and Inventory of chemicals and Keep the inventory of chemicals The factory updated its inventory of and Health Hazardous hazardous substances used available for the relevant people. chemicals and pasted it in the Substances in the workplace was not warehouse and washing areas. available. Jul-19 Occupational Safety Chemicals and MSDS were missing for Have MSDS available for all All MSDS were updated and put in and Health Hazardous several chemicals products chemical and hazardous the chemical storage and in the Substances used in the workplace. substances used or stored in the washing areas. workplace. Jul-19 Occupational Safety Chemicals and There was no eye wash Provide eye washing facilities Washing facility was repaired and and Health Hazardous station in areas where where chemicals and hazardous building 32 is already closed. Substances chemicals and hazardous substances are used and stored. substances are stored. Jul-19 Occupational Safety Worker Protection Factory did not share records Keep records of training The factory annually trains all its and Health of training on personal provided to workers. personnel in the area of use and protective equipment with handling of chemicals and use of dates and number of PPE. Evidences of provided training participants. are available. Jul-19 Occupational Safety Worker Protection Standing workers were Provide foot rests or shock À survey was done to know the and Health provided with foot rests or absorbing mats to standing amount of mats that were needed, shock absorbing mats. workers. and later the management Conduct regular OSH authorized the purchase. assessment. Management provided ergonomics mats to standing workers. Jul-19 Occupational Safety Working Environment Temperature levels exceeded Monitor the temperature level to The compliance department and Health the recommended 30 C in all a maximum of 30C. requested the services of an sections. external company so that it could proceed to study temperature, lighting and particles. Jul-19 Occupational Safety Working Environment Lux levels were inadequate in Provide appropriate lighting for The compliance department and Health several sections of the all working sections. requested the services of an workplace external company so that it could proceed to study temperature, lighting and particles. Jul-19 Occupational Safety Welfare Facilities Insufficient number of toilets Increase the number of toilets and Health for men. for men. [page 163] 162 Jul-19 Occupational Safety Welfare Facilities Soap was not available at Provide soap in the toilets. A new operation process Was and Health the time of 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 The factory does not Provide all workers with health Factory is also performing its own and Health First Aid systematically conduct Within the first 3 months of medical checks for the workers to health checks for workers employment. cover more workers. during the first 3 months of hiring. Jul-19 Occupational Safety Health Services and The factory does not Provide workers who are Factory is also performing its own and Health First Aid systematically conduct free exposed to work related hazards medical checks for the workers to health checks for workers with free health checks at least cover more workers. exposed to work related twice a year. hazards.. Jul-19 Occupational Safety Health Services and The factory does not Perform free annual health Factory is also performing its own and Health First Aid systematically conduct checks for all workers. medical checks to cover more annual health checks for workers. workers. Jul-19 Occupational Safety Health Services and Insufficient number of Have à permanent medical staff. The factory has 3 doctor's visit per and Health First Aid nurses. week. Jul-19 Occupational Safety Emergency Evacuation routes were not Mark the evacuation routes near The signs that are all over the and Health Preparedness marked near the packing the packing area of building 31. factory were painted again. A area. painting plan was implemented for every 6 months. Jul-19 Occupational Safety Emergency One emergency exit was Keep emergency exits unlocked The factory trained all the security and Health Preparedness locked 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 One drill was performed for a Conduct an evacuation drill The factory does conduct an and Health Preparedness 12 months period. every 6 months. evacuation drill every 6 months. The factory implemented that the new compliance officer should keep everything on the PC for upcoming audits. [page 164] 163 Jul-19 Occupational Safety Regular Hours The employer did not post Post working hours in all The management post the working and Health the factory's working hours buildings. hours in the two buildings. for all shifts including break time in one of the two buildings. [page 165] 164 BETTER WORK HAITI - 24TH 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 May-22 Virtual advisory meeting Advisory meeting to discuss about social security benefits, emergency preparedness and worker protection. Mar-22 Virtual advisory meeting Meeting to discuss about improvement plan Aug-21 PICC Meeting Meeting with the bipartite committee regarding factory's concerns. Jun-21 Virtual advisory meeting Meeting to discuss updates on the improvement plan, factory roadmap and how to strengthen OSH procedures May-21 Virtual 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 Virtual advisory meeting Meeting to review the improvement plan and to discuss the role and responsibilities of the bipartite committee Oct-20 Virtual 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 Take the necessary measures to 9 Health control potential sources of ignition. control risk and hazard within the workplace. Sep-21 Occupational Safety and Emergency Preparedness Several aisles leading to an Ensure that the evacuation routes 9 Health emergency exit were obstructed by and aisles remained tables in the sewing lines. unobstructed. Sep-21 Occupational Safety and Health Services and First Aid No evidence of medical checks Pay OFATMA for the medical 22 Health performed within the first 3 months card (CDS) and coordinate with of hiring were available. OFATMA to provide medical check for workers within their first three months. [page 166] 165 Sep-21 Occupational Safety and Welfare Facilities The factory has not conducted a Ensure the drinking water is 9 Health water test on a monthly basis by a tested on a monthly basis by a certified laboratory. competent laboratory. Sep-21 Occupational Safety and Working Environment The level of lighting in the Provide adequate lighting in all 33 Health workplace is unacceptable. sections of the factory. Sep-21 Occupational Safety and Working Environment Temperature exceeded the Keep the temperature to a 57 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 9 Health temperature are not checked upon body temperature upon entry in a entry in a systematic way. No 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 9 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 near the clinic Post safety warnings where 9 Health does not safety warnings. necessary. Sep-21 Occupational Safety and Worker Protection Assessors noticed circuit breakers Identify all circuit breakers. 9 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 9 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 9 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 9 Health Substances properly stored. are properly stored and storage room are adequately ventilated. [page 167] 166 Sep-21 Occupational Safety and Chemicals and Hazardous 2 unlabelled containers of Diesel Label all chemicals and 27 Health Substances fuel found in the Generator room hazardous substances properly. Sep-21 Occupational Safety and Chemicals and Hazardous Factory does not maintain a Update the inventory of 9 Health Substances chemical inventory listing all the chernicals accordingly. chemicals used including their locations. Sep-21 Occupational Safety and OSH Management Systems The employer did not provide any Provide permits or documents on 9 Health document that covers the 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 accidents 9 Health related accidents and submit them and submit them to OFATMA on to OFATMA on à monthly basis. a monthly basis. Sep-21 Occupational Safety and OSH Management Systems The safety and health committee Factory should have an effective 9 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 9 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 termination. Pay the annual based on the 9 Resources is not calculated on the average average daily salary. daily salary. Sep-21 Compensation Social Security and Other The factory has not collected and Register to OFATMA for 51 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 51 Benefits OFATMA for maternity and health maternity and health insurance insurance. and forward workers’ contribution. Sep-21 Compensation Social Security and Other The payments for OFATMA Pay the contribution within the 9 Benefits accident insurance for the fiscal deadline indicated in the invoice. year 2020-2021 were made in January 2021 instead of December 2020. [page 168] 167 Sep-21 Compensation Social Security and Other Factory does not collect nor Collect and forward workers’ 20 Benefits forward workers’ contributions to contribution on a monthly basis. ONA on a monthly basis Sep-21 Compensation Social Security and Other The employer contribution to ONA Forward employer 's contribution 20 Benefits is not submitted on a monthly to ONA on à monthly basis. basis. Sep-21 Compensation Paid Leave The annual leave payment is not Ensure that the annual leave 9 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 protocol Health adequate COVID-19 protocol that protocol with all the relevant accordingly. includes all the relevant elements. elements as per the Better Work Haiti guidelines. Oct-20 Occupational Safety and OSH Management Systems The factory does not have an Have a checklist to record the Health appropriate checklist to monitor daily cleaning and disinfection of the cleaning and disinfection ofthe the workplace. workplace. Oct-19 Compensation Paid Leave Workers' entitled to maternity Register with OFATMA for leave payment received 6 weeks maternity and health insurance. instead 12 weeks. Oct-19 Occupational Safety and Social Security and Other Employers' contribution to ONA is Calculate employer's 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 Benefits based on the minimum wage ONA on worker's base salary. instead of workers’ base salaries. Oct-19 Compensation Social Security and Other The factory is not registered with Register with OFATMA for 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 with OFATMA for Benefits OFATMA maternity and Health maternity and health insurance insurance. and forward workers’ contribution. [page 169] 168 Oct-19 Compensation OSH Management Systems The employer does not have a copy Ensure to have an available copy of the construction permits. of the construction permits. Oct-19 Occupational Safety and Chemicals and Hazardous Containers of chemicals found with Label all chemicals and All containers of chemicals are 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 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 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 Health not have any labels. . electrical panels. Oct-19 Occupational Safety and Working Environment Temperature exceeded the Keep the temperature to a 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 Health workplace is unacceptable. adequate in the warehouse section. Oct-19 Occupational Safety and Health Services and First Aid Employer did not pay OFATMA for Pay OFATMA for the medical Health 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 Health define the evacuation path and map. escape routes. [page 170] 169 BETTER WORK HAITI - 24TH 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 28-Apr-22 Training Virtual OSH Event Workshop 26-Apr-22 Virtual Advisory meeting Meeting with the compliance team for the implementation of a bipartite committee. Review of the improvement plan: Annual leave, working environment, welfare facilities. Review of documentations Breast feeding brakes, compensation and COVID-19 Policy TI-Mar-22 Training Virtual Sexual Harassment Awareness and Prevention for Supervisors 10-Mar-22 Training Virtual Sexual Harassment Awareness and Prevention for Workers 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. ASSESSMENT COMPLIANCE CLUSTER COMPLIANCE POINT DETAILS OF NON COMPLIANCE IMPROVEMENT PRIORITIES REMEDIATION EFFORTS MONTHS Assessment April 2021 [page 171] 170 Apr-21 Occupational Safety and Emergency Preparedness Less than the 10 percent of the Provide fire fighting training to at Factory has initiated the fire fighting 30 Health workforce trained in fire fighting, as least 10 percent of the workforce. training for 488 of our employees. recommended by Better Work. Recently Industrial Parc Caracol 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 Preparedness Escape routes obstructed with Ensure that escape remained The pallets have been properly 19 Health fabrics in the stock area and in the unobstructed during the working : stacked into the racks & obstructed sewing floor by sewing machines. hours. pathways were cleared. Apr-21 Occupational Safety and Emergency Preparedness Fire hose in the cafeteria obstructed Install a fire extinguisher on the Management removed the wooden 19 Health by boxes and no fire extinguisher forklift. Ensure that fire fighting palette in front of the fire hose. A was installed on the forklift. equipment remained fire extinguisher was installed on unobstructed all time. the forklift. Apr-21 Occupational Safety and Health Services and First Aid Less than the 10 percent of the Train 10 percent of the workforce … Factory initiated first aid training for 37 Health workforce trained in first aid, in first aid 488 of our employees. recommended by Better Work. Recently Industrial Park Caracol 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 First Aid Two first Aid boxes were missing the Have the first aid boxes checked Management has provided the first 36 Health adhesive and alcohol. regularly. aid boxes with the missing item. The first aid boxes are checked on a regular basis. Apr-21 Occupational Safety and Welfare Facilities Insufficient number of toilets. Ensure that the toilets are The administration's engineering 14 Health functioning. 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. 14 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 12 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 36 Health warning sign in the cafeteria. electrical box in the cafeteria. required. [page 172] 171 Apr-21 Occupational Safety and Worker Protection No safety belts were provided to Provide safety belt to worker in An ergonomic survey was 12 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 necessary. Apr-21 Occupational Safety and Worker Protection Management has provided metal Provide proper mask to workers Factory will appoint a dedicated 21 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 Hazardous No eyewash station in the spot Install eyewash station in the spot One eyewash station is already 18 Health Substances cleaning room and also near the cleaning room and also near installed inside the Spot cleaning temporary chemical storage where temporary chemical storage room. Another eyewash station is the chemicals are used and stored. where the chemicals are used and to be set up soon in the temporary stored. chemical storage area. Currently, this room is NOT in use but, we will set up an eyewash unit soon Apr-21 Occupational Safety and Chemicals and Hazardous The factory did not provide training Ensure that spot cleaning workers Most of the time team members & 14 Health 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 PPE's. Apr-21 Occupational Safety and Chemicals and Hazardous Any worker has access to use the Ensure that PPE are provided to Factory will assign a dedicated 14 Health 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 Hazardous The chemical data safety sheets Ensure and that MSDS are All the missing MSDS are 30 Health Substances were unavailable for several available for all chemical used in completed and Posted hazardous substances. the workplace. Apr-21 Occupational Safety and Chemicals and Hazardous Two unlabelled containers of Ensure that all containers are All the unlabelled containers are 36 Health Substances chemical. properly labelled. now properly labelled. [page 173] 172 Apr-21 Occupational Safety and Chemicals and Hazardous The inventory is not accurate and Ensure that the inventory is Inventory updated accordingly. 36 Health Substances did not include the name of all accurate and include all the chemnicals used in the workplace. chemnicals used in the workplace. Apr-21 Contract and Human Employment Contracts The factory does not have an Have the internal work rules The internal work rules was 30 Resources internal work rules approved by the approved by MAST. approved by MAST. Ministry of labor. Apr-21 Compensation Social Security and Other The salary statement submitted to Submit the correct invoice and Factory has submitted salary 24 Benefits OFATMA is less than the amount provide the proof of payment for details to OFATMA with same paid in the payroll for the fiscal year the fiscal year 2020-2021. amount that have paid in payrolls 2019-2020. from Oct -2019 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. does not take any ownership. All dues have been paid on time and in full. Apr-21 Discrimination Gender Pregnant women has been sent The company is in the discussion … This is a COVID-19 protocol and a 14 home with a remuneration of 50 to pay them in full amount. preventive measure that has taken percent upon receipt of the from the company to protect certificate of pregnancy in order to pregnant employees. However now protect them during the Covid-19 the company is in the discussion to time. 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 Systems Factory does not keep registry for all keep registry for all persons who Health persons who present à 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. [page 174] 173 Jan-20 Occupational Safety and Emergency Preparedness Less than the 10 percent of the Train 10 percent of the workforce … Factory actively engaged with park Health workforce recommended by Better as recommended by Better Work. management for alternatives. Work in fire fighting training. Jan-20 Occupational Safety and Emergency Preparedness Escape route in the fabric warehouse Ensure properly marked aisles Trolleys weight keeps removing Health was not clearly marked and aisles unobstructed by equipment. yellow tapes used on escape routes were obstructed by equipment in Work with OSH committee lines for escape routes. Factory will the sewing and Finish Goods members and supervisors for better manage Trolley and reapply warehouse. random monitoring tapes ( specially in warehouse). Jan-20 Occupational Safety and Emergency Preparedness Several fire extinguishers were not Ensure that fire extinguishers are Health properly installed and identified. properly installed and identified. Jan-20 Occupational Safety and Health Services and First Aid Less than the 10 percent of the Ensure that 10% of the worker Health workforce recommended by Better population is trained on first aid Work are trained in first aid training. on an ongoing basis. Jan-20 Occupational Safety and Health Services and First Aid Three first Aid boxes were missing Ensure adequate supplies in all Health Scissors, Cotton ball, Antiseptic. first aid boxes including but not limited to Scissors, Cotton ball, Antiseptic. Jan-20 Occupational Safety and Health Services and First Aid Insufficient nurses. Comply with the Haitian Labour Health Code, a factory of this size must have à permanent onsite medical service, with at least 6 nurses. Jan-20 Occupational Safety and Health Services and First Aid The factory does not provide free Pay OFATMA for the medical Health annual health checks to workers. cards, engage with OFATMA to provide the medical checks. Jan-20 Occupational Safety and Health Services and First Aid The factory does not arrange free Pay OFATMA for the medical Factory paid health card as part of Health 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 Health was inadequate in sewing and the 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. [page 175] 174 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 Ensure that no workers are using Factory removed chairs, they were Health backrest in the stock trim and finish chairs without backrest. temporarily waiting to be picked up goods 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 Chemnicals and Hazardous No eyewash station in the Install an eye wash station in the Temporary chemical storage was Health Substances embroidery and also near the embroidery soon. discontinued. temporary chemical storage where the chemicals are used and stored. Jan-20 Occupational Safety and Chemicals and Hazardous No MSDS were available in the Ensure all MSDS are posted for Health Substances printing area for several products. the chemnicals in circulation at their respective locations. Jan-20 Occupational Safety and Chemicals and Hazardous Several unlabelled containers of oil Ensure that all containers of Compliance Officer is in charge with Health 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 Hazardous The inventory of chemnicals is Track inventory of chemicals and Health Substances incomplete. hazardous substances used in the workplace and ensure it includes all the chemicals currently in operations. Jan-20 Contract and Human Employment Contracts The factory has an internal Revise internal working rules, Resources regulations. Îs inconsistent with the contracts to ensure that working contract regarding the working time. hours are both aligned with 3/8 law*; [page 176] 175 Jan-20 Compensation Social Security and Other Management failed to provide any Pay OFATMA accident insurance Benefits receipt of payment for OFATMA for fiscal year 2019-2020. accident insurance. Jan-20 Compensation Overtime Wages Overtime worked is not accurately Dialogue with worker compensated. representatives to establish factory working hours respecting 8 hours a day or 9 hours a day with an agreement. [page 177] 176 BETTER WORK HAITI - 24TH SYNTHESIS REPORT Factory: MBI HAITI S.A CS Location: Port-au-Prince Number of workers: 1594 Date of registration: Aug-13 Date of last two Better Apr-21 Mar-22 Work assessments: Advisory and Training Services Jun-22 Advisory meeting Advisory meeting to discuss new improvement plan focussing on: OSH non compliance, HR procedure and policy, Next bipartite committee meeting. May-22 Training Virtual bipartite committee Training. May-22 Virtual advisory meeting Meeting with the compliance team for the implementation of a bipartite committee. Review of the improvement plan: Annual leave, working environment, welfare facilities. Review of documentations Breast feeding brakes, Annual leave, compensation and COVID-19 Policy. Mar-22 Virtual advisory meeting Review improvement plan and road map for 2022. Nov-21 Virtual advisory meeting Advisory visit to conduct factory tour to check the following: Eyewash station, check spot cleaning, factory floor, Nursing station. 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 members. Jun-21 Virtual advisory meeting 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 Advisory visit to discuss the following points:2020 Achievement. Priorities for 2021.Pending NC issues. Complaints about unpaid incentives. Training Plans. ASSESSMENT COMPLIANCE CLUSTER COMPLIANCE POINT DETAILS OF NON COMPLIANCE IMPROVEMENT PRIORITIES REMEDIATION EFFORTS MONTHS Assessment March 2022 Mar-22 Occupational Safety and OSH Management The factory does not have an accurate Develop a hazard/risk policy and 3 Health Systems hazard/risk management and control procedures. Train the HR and procedure. compliance staff on the implementation of the policy. Mar-22 Occupational Safety and OSH Management The factory does not have an accurate Develop an accident investigation 3 Health Systems accident investigation procedure procedure and include all the necessary element to find the root causes and to prevent the reoccurrence of the accident Mar-22 Occupational Safety and OSH Management No evidence on regular management Perform regular review of the 3 Health Systems review of effectiveness of management management system document to system including performance on monitor performance and ensure that measurable objectives and targets objectives are being met. [page 178] 177 Mar-22 Contracts and Human Employment Contracts The grievance handling and dispute Review the grievance policy to include 3 Resources resolution procedures does not include the missing elements such as review fair review and appeal process, and appeal process, communication communication of changes made or of changes made. resolution Mar-22 Contracts and Human Employment Contracts No evidence that the employer takes Perform an assessment of HR policy S Resources action to investigate violations of HR to identify weaknesses and make the policies and procedures, identify necessary adjustments. Investigate weaknesses and make necessary HR violations and establish a adjustments to prevent recurrence. monitoring system to follow up and prevent a repeat of those violations. Mar-22 Contracts and Human Employment Contracts The communication on HR policies and Revie the HR policy and procedures to 3 Resources procedures does not include induction include induction training for workers. training for workers and staff and staff Provide training to HR staff on the training on how to carry out policies and implementation of the policy. procedures. Mar-22 Working Time Regular Hours Regular working is equivalent to 53 hours Update the internal work rules and 32 per week. comply the working hours mandated by the labor code. (48 Hours) Mar-22 Occupational Safety and Emergency Preparedness Obstructed emergency exits and routes Keep all emergency exits and routes 32 Health in in several areas. free from obstructions. Mar-22 Occupational Safety and Health Services and First First aid boxes were not readily Ensure that all first aid boxes are 32 Health Aid accessible in building 52. readily accessible. Post the name and pictures of the persons in charge of the first aid boxes in a visible space next to the boxes. Mar-22 Occupational Safety and Health Services and First Insufficient medical personnel. Increase the number of medical 32 Health Aid personnel to comply with the labor code. Mar-22 Occupational Safety and Health Services and First Factory did not provide medical checks Medical check up has to be done 1.- First medical check has 3 Health Aid twice a year, for workers exposed to twice for all the workers exposed been done last February. work-using chemical and hazardous chemical and hazardous products. 2.- Next medical check is products. planed for the month of August 2022 Mar-22 Occupational Safety and Health Services and First Newly hired workers do not received the Follow up with OFATMA to pay for 1.- Factory has paid for the 3 Health Aid health card within the first 3 month of the health card (CDS). health cards hiring. 2.- OFATMA has delivered 90% of the required cards on June 9th. 3.- Factory has already delivered the available cards to the workers [page 179] 178 Mar-22 Occupational Safety and Welfare Facilities Insufficient space at the eating area of Provide an adequate space that can 32 Health the factory. accommodate all the workers during lunch time or schedule different lunch break periods. Mar-22 Occupational Safety and Welfare Facilities Soap and paper were not readily Provide soap and paper for the Factory has made the 32 Health available in one building. workers in all the buildings. correction after the assessment There is one person available on each building responsible for the toilets, Mar-22 Occupational Safety and Welfare Facilities Insufficient number of Toilets. Increase to number of toilet to have at 32 Health least 1 per every 15 women and 1 for every 25 men. Mar-22 Occupational Safety and Working Environment Debris of cloth materials scattered in the Keep the workspace clean and tidy. Factory has made 3 Health workplace. corrections Mar-22 Occupational Safety and Working Environment Light levels were inappropriate in allthe Ensure the lighting is adequate and 32 Health working sections. adapted to worker's needs. Mar-22 Occupational Safety and Working Environment The noise level in one areas of the Take appropriate measures to keep 32 Health workspace exceeded 90 db. the noise level below 90db Mar-22 Occupational Safety and Working Environment Workplace temperatures levels are Monitor the temperature level and 32 Health unacceptable. maintain it under 30 C inside the workplace. Mar-22 Occupational Safety and Worker Protection No register was available for all persons Check all workers’ and visitors’ 3 Health with a temperature of 38C and above. temperature at the entrance. Keep a registry for people presenting a temperature of 38 C and above. Mar-22 Occupational Safety and Worker Protection No training was provided to all staff on Provide training or awareness raising 3 Health Covid-19. to all staff on the prevention of COVID-19. Mar-22 Occupational Safety and Worker Protection Although the Swift electrical boxes have Post safety warnings on all electrical Correction has been made 3 Health safety warnings, during the assessment boxes and tanks. after the assessments, visit the assessors noticed a half-open tank with no safety warning. Mar-22 Occupational Safety and Worker Protection Improper maintenance of electrical Perform proper maintenance on the Right after this work, 32 Health system of the factory. electrical system. corrections has been made. [page 180] 179 Mar-22 Occupational Safety and Worker Protection The factory did not provide appropriate Provide all workers with the necessary PPE are available for all 3 Health PPE to all workers. PPE to protect them during work workers, however factory is hours. doing more training for the workers to encourage them to use the materials. Mar-22 Occupational Safety and Chemicals and Hazardous The factory does not have appropriate Isolate the spot cleaning area away Management took 3 Health Substances spot cleaning area. from the workers. immediate action and it was corrected. Mar-22 Occupational Safety and Chemicals and Hazardous MSDSs are not available for some Translate MSDS in the local language Factory has put MSDS for 32 Health Substances products used in the workplace. and post them where chemical the product that will be products are used and stored. used on the generator room. Mar-22 Occupational Safety and Chemicals and Hazardous Chemical and hazardous substances are Label all chemicals and hazardous Corrections has been made 32 Health Substances not properly labelled. substances used in the workplace. after the assessment. Mar-22 Occupational Safety and Chemicals and Hazardous Inventory of chemicals and hazardous Update and maintain the inventory of Inventory has been updated 32 Health Substances substances is not updated. chemical products used in the and shared with EA. workplace. Mar-22 Contracts and Human Termination Inaccurate annual salary supplement or Calculate annual salary supplement or 10 Resources bonus upon termination calculation. bonus payment based on worker's average daily earnings. Mar-22 Contracts and Human Termination Inaccurate unused annual leave Calculate annual payment based on 10 Resources calculation upon termination. worker's average daily earnings. Mar-22 Contracts and Human Termination Inaccurate notice period payment. Calculate the payment for the notice 10 Resources period based on worker's average daily earnings. Mar-22 Contracts and Human Employment Contracts Foreign workers contract does not Review the foreign workers contract to 3 Resources include the employer's information as include all the missing information. well as the employee's salary. Mar-22 Compensation Social Security and Other Inaccurate calculation of the average Pay the lunch break and include it in 10 Benefits daily earnings for OFATMA payments. the calculation of the average daily earnings. Mar-22 Compensation Social Security and Other Inaccurate calculation of worker's Pay the lunch break and include it in 10 Benefits contribution for ONA. the calculation of the average daily earnings. Mar-22 Compensation Social Security and Other Inaccurate calculation of worker's Pay the lunch break and include it in 10 Benefits contribution for OFATMA. the calculation of the average daily earnings. Mar-22 Compensation Paid Leave The lunch break is not compensated in Pay the lunch break as required by the 10 the payroll. 3*8 law. Mar-22 Compensation Paid Leave Inaccurate payment of maternity leave. Pay the lunch break and include it in 10 the calculation of the average daily earnings, for maternity leave payment. [page 181] 180 Mar-22 Compensation Paid Leave Inaccurate payment of sick leave. Pay the lunch break and include it in 10 the calculation of the average daily earnings, for sick leave payment. Assessment April 2021 Apr-21 Working Time Regular Hours Inaccurate attendance record. Ensure that the factory has an accurate attendance recording . Apr-21 Working Time Regular Hours Factory does not systematically provide Provide the required breaks for Pregnant women are the necessary breaks for pregnant pregnant women. receiving the break as women specified by the 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 use of Train at least 10% of the workforce in Health fire-fighting equipment. the use of fire-fighting equipment. Apr-21 Occupational Safety and Emergency Preparedness The employer did not conduct at least 2 Conduct an evacuation drill every 6 Health emergency drill per year. months. Apr-21 Occupational Safety and Emergency Preparedness Obstructed emergency exits and routes Ensure that emergency exits and The factory has removed Health in in several areas. escape routes are not obstructed. tables and boxes in all areas of the workplace and keeps emergency exits and escape routes are clear. Apr-21 Occupational Safety and Emergency Preparedness Evacuation map need to be updated Post updated evacuation plans for all Health and escape route need to be clearly buildings and Ensure that all escape marked. routes are clearly marked. Apr-21 Occupational Safety and Emergency Preparedness obstructed fire hose. Keep fire hose accessible. The factory made sure that Health all fire hoses are accessible and in good condition. Apr-21 Occupational Safety and Emergency Preparedness Obstructed alarm system. Keep alarm system accessible. Health Apr-21 Occupational Safety and Health Services and First Insufficient workers trained in first aids. Train at least 10% of the workforce in Health Aid first aids. Apr-21 Occupational Safety and Health Services and First First aid boxes were not readily Keep first aids boxes readily Allthe First Aid Boxes are Health Aid accessible and were missing supplies. accessible and equip them. accessible. Inventory is checked regularly. Apr-21 Occupational Safety and Health Services and First Insufficient medical personnel. Hire additional nurses. Health Aid [page 182] 181 Apr-21 Occupational Safety and Health Services and First Restricted access to pregnant women for Give pregnant women the possibility Health Aid changing jobs within the workplace. of changing jobs within the workplace Apr-21 Occupational Safety and Welfare Facilities Soap and paper were not readily Ensure that soap and paper are 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. Health Apr-21 Occupational Safety and Working Environment Light levels were inappropriate in allthe Ensure the lighting is adequate and Health working sections. adapted to worker's needs. Apr-21 Occupational Safety and Working Environment The noise level in one areas of the Maintain the noise level to a 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 and Health unacceptable. maintain it under 30 C inside the workplace. Apr-21 Occupational Safety and Worker Protection Social distance is not respected on the Ensure that 1.5 meter of distance is Health factory. respected within the workplace. Apr-21 Occupational Safety and Worker Protection Improper maintenance of electrical Improve the electrical maintenance The factory has properly Health system of the factory. and Create a maintenance log. maintained all electrical 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 and The guards have been Health guards. ensure proper monitoring is installed on the sewing conducted. machines. Apr-21 Occupational Safety and Worker Protection Standing mats were not available to all Provide foot rests or shock absorbing The factory provided shock Health workers. mats to standing workers. absorbing mats to all stand workers in the pressing section outside the building 55, Apr-21 Occupational Safety and Worker Protection Last year no training were provided on Establish training calendar and Health personal equipment and machines. provide training to workers using protective equipment and machines in the workplace. Apr-21 Occupational Safety and Worker Protection The factory did not provide appropriate Provide employees with all necessary Health PPE to all workers. personal protective clothing and equipment according to PPE regulation. [page 183] 182 Apr-21 Occupational Safety and Chemicals and Hazardous The factory does not have appropriate Ensure that spot cleaning area is Health Substances spot cleaning area. 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 where The factory install the MSDS Health Substances language for all chemicals used in the chemicals are used in the workplace. at the workplace as required workplace. in English. However, they should translate it into the local language. Apr-21 Occupational Safety and Chemicals and Hazardous Chemical and hazardous substances are Label all chemicals and hazardous The factory has labelled the Health Substances not properly labelled. substances used in the workplace. chemicals by writing the name of chemical on the container. Apr-21 Occupational Safety and Chemicals and Hazardous Inventory of chemicals and hazardous Update inventory of chemicals and Inventory of chemical Health Substances substances is not updated. hazardous substances in the products has been updated. workplace. Apr-21 Contract and Human Termination Inaccurate annual salary supplement or Pay the lunch break and calculate Resources bonus upon termination calculation. annual salary 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 calculate Resources calculation upon termination. unused annual leave upon termination based on worker's average earnines. Apr-21 Contract and Human Termination Inaccurate notice period payment. Pay the lunch break and calculate Resources notice period payment based on worker's average earnings. Apr-21 Compensation Social Security and Other Inaccurate salary supplement payment. Pay the lunch break and calculate Benefits 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 calculate this Benefits contribution for OFATMA. amount based 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 Calculate this amount based on Benefits contribution for OFATMA. 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 related The factory shared the letter Benefits work-related accident insurance. accident is made in a timely manner. in which OFATMA agreed with them to make the payment in two installments [page 184] 183 Apr-21 Compensation Social Security and Other Inaccurate calculation of employer's The employer must pay the lunch Benerfits contribution for ONA. break and include it in the calculation of the average daily salary. Apr-21 Compensation Paid Leave Inaccurate payment of annual leave. Calculate the annual leave on worker's daily average earnings. [page 185] 184 BETTER WORK HAITI - 24TH SYNTHESIS REPORT . Factory: MGA Haiti S.A. Location Port-au-Prince Number of workers: 1327 Date of registration Oct-09 Date of last two Better Feb-21 Feb-22 Work assessments: Advisory and Training Services Jun-22 Virtual advisory meeting Advisory meeting to discuss about: 1) OFATMA/ Worker protection 2) OSH assessment 3)Pregnant women policy Jun-22 Training Supervisory Skills Training (SST). Jun-22 Training Virtual Workers' Rights & Responsibilities. May-22 Training Virtual Bipartite Training, Apr-22 Training Virtual OSH Event Workshop. Apr-22 Virtual advisory meeting Advisory meeting to discuss findings from the last assessment. Feb-22 Virtual advisory meeting Advisory meeting to discuss about the roadmap for 2022.Review of the improvement plan. Nov-21 Virtual advisory meeting Meeting with management to work on the first progress report guidelines in order to complete the online questionnaire. Nov-21 Virtual advisory meeting Advisory 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 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. ASSESSMENT COMPLIANCE CLUSTER COMPLIANCE POINT DETAILS OF NON COMPLIANCE IMPROVEMENT PRIORITIES REMEDIATION EFFORTS MONTHS Assessment February 2022 [page 186] 185 Feb-22 Compensation Minimum Wages/Piece Factory paid workers less than the Fix the accounting system and Factory shows evidence about 4 Rate Wages minimum wage, due to accounting apply the new minimum wage for all corrections that has bee made. error, during the transition when the workers. minimum wage was increased. Feb-22 Compensation Overtime Wages Factory paid workers incorrectly for Fix the accounting system and According to the Compliance 4 overtime hours worked, during the apply the new minimum wage for all officer, corrections has been transition when the minimum wage workers. Pay them the proper made and workers already was increased. amount for overtime hours worked. received their pay. Feb-22 Compensation Paid Leave The annual leave payment is not Calculate the annual leave on 13 calculated on worker's average daily worker's average daily earnings as earnings and does not include the specified in Art. 148. lunch break. Pay the lunch break and include the payment in annual leave calculation. Feb-22 Compensation Paid Leave The factory does not pay the lunch Calculate the sick leave on worker's 13 break and therefore the calculation of daily average earnings. the average daily earning for the Pay the lunch break and include the payment of sick leave is incorrect. payment in annual leave calculation. Feb-22 Compensation Paid Leave The factory does not pay the lunch Calculate the payment for maternity 4 break and therefore the calculation of leave on worker's daily average the average daily earning for the earnings. payment of maternity leave is Pay the lunch break and include the incorrect. payment in the average daily earning. Feb-22 Compensation Paid Leave The daily break is not compensated. Factory needs to apply the law and 44 pay the daily break. Feb-22 Compensation Social Security and Other During the assessment visit, the Factory need to register for 13 Benefits employer did not share any proof of OFATMA work related accident payment to OFATMA for work insurance and pay it at the related accident with the assessors. beginning of the fiscal year. Feb-22 Compensation Social Security and Other The calculation of the annual salary Factory needs to apply the law and 44 Benefits supplement or bonus does not pay the lunch break and include the include the lunch break payment. payment in the calculation of the average daily salary.. Feb-22 Compensation Social Security and Other The factory sends the worker's pay Factory needs to apply the law and 13 Benefits slip to OFATMA for the last three pay the lunch break and include the months. However the lunch break payment in the calculation of the payment is not included and average daily salary.. therefore the calculation of the average daily earning is not correct. [page 187] 186 Feb-22 Compensation Social Security and Other Inaccurate deductions and Discuss legal requirements with the 44 Benefits contributions for ONA payments. General Manager, pay the lunch break and Forward worker's contribution to ONA within the first 10 business days of the next month for the previous month. Feb-22 Compensation Social Security and Other Inaccurate deductions and Discuss legal requirements with the Benefits contributions for OFATMA payments. General Manager and pay the lunch break. Feb-22 Contract and Human Employment Contracts The foreign worker's contract does Factory needs to review the 4 Resources not include the employer's contracts to include the employer's information as well as the employee's information as well as the salary. employee's salary. Feb-22 Contract and Human Termination The payment for the applicable Pay the lunch break and include it in 13 Resources notice period upon termination is the calculation of the average daily incorrect. salary. Feb-22 Contract and Human Termination The calculation for unused paid Pay the lunch break and include it in 13 Resources annual leave upon termination is the calculation of the average daily incorrect. salary. Feb-22 Contract and Human Termination The calculation for the payment for Pay the lunch break and include it in 13 Resources annual salary supplement upon the calculation of the average daily termination is incorrect. salary. Feb-22 Occupational Safety and OSH Management The factory does not conduct a Factory needs to update the 4 Health Systems general OSH assessment on a assessment plan to include general monthly basis. assessment monthly. Feb-22 Occupational Safety and Chemicals and Hazardous The inventory of chemical products Factory needs to keep the inventory Factory has a system to keep 32 Health Substances found in the workplace. updated. Assign à person to monitor the inventory updated the inventory on a regular basis. Feb-22 Occupational Safety and Chemicals and Hazardous Unlabelled containers of products Factor needs to have a system to This non compliance has been 32 Health Substances found in the workplace. keep all containers labelled. cleared. Evidences has been sent. Feb-22 Occupational Safety and Chemicals and Hazardous MSDS were not available for all The MSDS for each chemical should Management has addressed 32 Health Substances products found in the workplace be available and translate in local those issues. Evidences has language. been sent. Clarify responsibility for posting the MSDS in the locations where chemicals are stored and used. [page 188] 187 Feb-22 Occupational Safety and Chemicals and Hazardous Some workers are exposed to Training needs to be done for the Training has been done for the 13 Health Substances chemical products used in the spot workers and supervisors that are in workers and supervisors. cleaning area. the spot cleaning section. Access has been limited to Access has to be limited to non non authorized workers. authorized workers. Feb-22 Occupational Safety and Chemicals and Hazardous Eye wash stations are not functional. Install functioning eye wash stations Factory has done some 4 Health Substances in all places where chemical and corrections. The Spot cleaning hazardous substances are used area is fully operational. Evidence has been sent Feb-22 Occupational Safety and Worker Protection The employer has not provided Factory needs to provide: Support belt has been 4 Health proper PPE to all workers. Support belt for workers doing provided for workers doing heavy lifting work in all buildings. heavy lifting work in all Gloves for worker in the mechanic buildings. workshop of building 17 - Training has been done to the workers on how to use thnce material Feb-22 Occupational Safety and Worker Protection Several sewing machines are missing Install eye guards and pulley guards Factory has provided eye 49 Health eye guards and pulley guards. on all machines where it is guards and pulley guards for necessary. all the machines and done training to the worker on how to use those materials and whyit is important. Feb-22 Occupational Safety and Worker Protection Improper maintenance of electrical Perform regular maintenance of Correction has been done. 32 Health system of the factory. electrical system. Evidence has been sent. Feb-22 Occupational Safety and Worker Protection The interview with workers and Factory needs to provide trainingto Training has been done, 13 Health management revealed that no all staff on Covid 19. attendance list has been sent training was provided to all staff on Covid-19. Feb-22 Occupational Safety and Worker Protection Factory does not systematically Factory needs to check the body 13 Health check workers’ and visitors’ body temperature of all workers as visitors temperature upon entry. Maintain register available for all persons with a temperature of 38 C and above Feb-22 Occupational Safety and Worker Protection Standing workers that were not Factory needs to provide shock Allthe standing workers had 13 Health provided with shock absorbing mats. absorbing mats to all standing received their shock absorbing workers. mats. Evidence has been sent. Feb-22 Occupational Safety and Working Environment Workplace temperatures levels are Monitor the temperature level and Fans have been installed, in 49 Health unacceptable. maintain it under 30 C inside the order to lower the workplace. temperature. Feb-22 Occupational Safety and Working Environment Noise levels are not acceptable in the Keep the noise level below 90db, as 4 Health workplace. recommended by Better work. [page 189] 188 Feb-22 Occupational Safety and Working Environment Light levels were inappropriate in all Ensure the lighting is adequate and The maintenance team has 49 Health the working sections. adapted to workers needs. installed more lights, to solve that issue. Feb-22 Occupational Safety and Working Environment The workplace is not clean an tidy. Perform regular maintenance check Correction has been done 4 Health There is a water leak in the generator to ensure that the workplace is kept according to the compliance room. clean. Fix the water leak in the officer. generator. Feb-22 Occupational Safety and Welfare Facilities Insufficient number of toilets for men Increase the number of functioning 49 Health and women. toilets in the workplace. Feb-22 Occupational Safety and Welfare Facilities Hand washing facilities and soap Factory needs to put hand washing Corrections has been done 4 Health were not available on the premises of facilities and soap on the premises according to the compliance the factory. on the factory. officer Feb-22 Occupational Safety and Welfare Facilities The eating area can only Factory needs to give an eating area 4 Health accommodate 30 percent of workers. where all the workers can accommodate themselves. Feb-22 Occupational Safety and Health Services and First The factory does not provide workers Proactively work with OFATMA to we call OFATMA to have a Health Aid with health checks within the first distribute the health cards and appointment to check up the three months of hiring. conduct the medical checks as workers. required. Feb-22 Occupational Safety and Health Services and First Workers who are exposed to work Factory needs to provide all workers we call OFATMA to have a Health Aid related hazards do not receive free exposed to work related hazards appointment to check up the health checks twice a year. free health checks twice a year. workers. Feb-22 Occupational Safety and Health Services and First Workers do not receive free annual Proactively work with OFATMA to We call OFATMA, then they 41 Health Aid health checks. distribute the health cards and will continue with the process. conduct the medical checks as required. Feb-22 Occupational Safety and Health Services and First Insufficient number of medical Increase the number of nurses to 49 Health Aid personnel. comply with the labor code. The factory should hire 4 additional nurses. Feb-22 Occupational Safety and Health Services and First First aid boxes are not regularly Check all first aid boxes regular. Corrections has been done. 29 Health Aid checked for missing or expired Develop à checklist to verify if all The inventory has been products. products are present. Verify updated. products expiration dates Feb-22 Occupational Safety and Emergency Preparedness Improper maintenance and control of Develop a maintenance plan to Corrections has been made 49 Health fire extinguishers. check all fire extinguishers on a right after the assessment. regular basis. [page 190] 189 Feb-22 Occupational Safety and Emergency Preparedness Obstructed aisles and emergency Factory needs to keep all aisles free According to evidence sent by 4 Health exits. of box, table, trolley and fabric roll. the compliance officer, correction has been done Feb-22 Occupational Safety and Emergency Preparedness Combustible materials found inside Develop a maintenance plan to 4 Health of electrical panel. verify all electrical panel on a weekly basis. Keep a log to record maintenance checks. Assign a person to perform the checks. Feb-22 Working Time Regular Hours Regular working hours exceed the Revise the internal regulations and 4 legal limit of 48 hours per week. make sure that the regular hours do not exceed 48 hours per week. Feb-22 Working Time Regular Hours Pregnant women were not provided Provide pregnant women with two 4 two additional breaks as required by additional breaks of 30 minutes law. each as required by the labor code. Feb-22 Working Time Leave Pregnant women do not receive 12 Allow pregnant women to take 12 4 weeks of maternity leave as required weeks of maternity leave as required by law. by the labor code. Feb-22 Contract and Human Employment Contracts The factory's HR policies and Review the procedures to include 4 Resources procedures do not include Staff Staff training on how to carry out training on how to carry out policies policies and procedures and procedures Feb-22 Contract and Human Employment Contracts The employer does not take action to Review the policy to include 4 Resources investigate violations of HR policies procedures to investigate and procedures, identify weaknesses weaknesses and violations of HR and make necessary adjustments to policies and to make the necessary prevent recurrence. adjustments. Feb-22 Contract and Human Employment Contracts The factory's disciplinary and Review the actual procedure in order 4 Resources termination procedures does not to include the time frame between include all the necessary elements. warnings and payments, the right to defend oneself prior to termination and to representation during the disciplinary process. Feb-22 Contract and Human Employment Contracts No. The factory's grievance handling Review the actual procedure to 4 Resources and dispute resolution procedures include fair review and appeal does not include fair review and process, communication of changes appeal process, communication of made or resolution. changes made or resolution. [page 191] 190 Feb-22 Occupational Safety and OSH Management The employer has failed to Ensure that all OSH issues are 4 Health Systems investigate, monitor and measure investigated, monitored and OHS issues as required. measured accurately. Feb-22 Occupational Safety and OSH Management The factory's accident investigation Review the accident investigation 4 Health Systems procedure does not include the procedure to include the necessary implementation of changes in order step to avoid reoccurrence. to avoid reoccurrence Feb-22 Occupational Safety and OSH Management The factory's hazard/risk Update and adjust hazard/risk 4 Health Systems management and control procedure management and control does not include a risk register that procedures. drives the implementation of controls Assessment February 2021 Feb-21 Compensation Paid Leave Inaccurate annual leave payments. Calculate the annual leave on worker's daily average . Feb-21 Occupational Safety and Emergency Preparedness Insufficient workers trained in the use Train at least 10% of the workforce in The factory trained more than Health of fire-fighting equipment. the use of fire-fighting equipment. 10% of the workforce. Feb-21 Occupational Safety and Emergency Preparedness Emergency exit door was locked Keep allthe exit doors open during The factory removed the exit 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 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 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 Health two building. all buildings. equipment has been installed. Feb-21 Occupational Safety and Health Services and First Insufficient workers trained in first Train at least 10% of the workforce in Health Aid aids. first aids. [page 192] 191 Feb-21 Occupational Safety and Health Services and First One first aid box was not accessible Ensure, regular checking is done for The factory install one first aid Health Aid 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 T1 & boxes available in another one and one was empty. Feb-21 Occupational Safety and Health Services and First Insufficient medical personnel. Hire additional nurses. Health Aid Feb-21 Occupational Safety and Health Services and First Annual Medical checks conducted Proactively work with OFATMA to We call OFATMA, then they Health Aid 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 The factory does not provide free Proactively work with OFATMA to we call OFATMA to have Health Aid 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 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 Health the working sections. adapted to worker's needs. installed more lights, to solve that issue. Feb-21 Occupational Safety and Working Environment Workplace temperatures levels are Monitor the temperature level and Fans have been installed, in 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 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 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 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 the Health guards. ensure proper monitoring is missing guards on all the conducted. machines. [page 193] 192 Feb-21 Occupational Safety and Worker Protection Standing mats were not available to Provide foot rests or shock The factory provided shock Health all workers. absorbing mats to standing workers. absorbing mats for all standing workers. Feb-21 Occupational Safety and Chemicals and Hazardous No eye washing facilities installed Install an eyewash station or eye Building 4B is closed 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 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 Chemicals and Hazardous Chemical and hazardous substances Label all chemicals and hazardous The factory properly labelled 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 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 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 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 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. Feb-21 Contract and Human Termination Inaccurate annual salary supplement Calculate annual salary supplement 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 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 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. [page 194] 193 Feb-21 Compensation Social Security and Other The employer has paid 3 percent of Calculate this amount based on 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 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 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 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 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 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 salary. Feb-21 Compensation Paid Leave The factory did not provide evidence Ensure that documentation is of sick leave payment. available during the evaluation period. Feb-21 Compensation Paid Leave Inaccurate annual leave payments. Calculate the annual leave on worker's daily average earnings Feb-21 Occupational Safety and OSH Management Factory does not have a system in Ensure that a system is in place for Health Systems place for the clean and disinfectthe the clean and disinfect the workplace. workplace. Feb-21 Occupational Safety and OSH Management The factory does not have an Develop an appropriate COVID-19 Health Systems adequate protocol related to COVID- protocol 19 that includes all the elements. [page 195] 194 BETTER WORK HAITI - 24TH SYNTHESIS REPORT Factory: Pacific Sports Haiti S.A Lo Location: Port-au-Prince Number of workers: 1,730 Date of registration: Oct-09 Date of last two Better Jul-19 Sep-21 Work assessments: Advisory and Training Services 19-May-22 Virtual PICC Meeting Meeting to discuss: Last FOA and what can be done to improve the dialogue with the Union Training needed for the bipartite committee Progress report due 3-Mar-22 Virtual advisory meeting Meeting to discuss about the roadmap for 2022.Review of the improvement plan. 25-Nov-21 Virtual PICC Meeting Meeting to present the last assessment findings and identified root causes. 25-Nov-21 Virtual advisory meeting Virtual meeting with the compliance team to update Better Work's portal and explain the 3*8 law. Virtual OSH tour on Chemical management. 14-Oct-21 Virtual PICC Meeting Meeting to evaluate the progress of the factory and review the improvement plan. 1-Sep-21 Virtual PICC Meeting Meeting to discuss about the different ways to reduce the occurrence of accidents in the workplace. 30-Aug-21 Virtual PICC Meeting Meeting to develop a mechanisms regarding the persistent non compliance in the mechanic workshops. 19-Jul-21 Virtual PICC Meeting Meeting to brainstorm about mechanism to lower the temperature levels on the sewing floor. 30-Jun-21 Virtual PICC Meeting Meeting to raise awareness on emergency preparedness. 22-Jun-21 Virtual advisory meeting 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 27-May-21 Virtual PICC Meeting PICC Committee meeting to discuss about how we can handle the minor conflicts in the factory in collaboration with human resources. 25-May-21 Training Virtual Industry Seminar on Chemical Management System. DETAILS OF NON ASSESSMENT COMPLIANCE CLUSTER COMPLIANCE POINT COMPLIANCE IMPROVEMENT PRIORITIES REMEDIATION EFFORTS MONTHS Assessment September 2021 Sep-21 Working Time Leave Assessors found at least one Have a procedure in place to LL case were 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 delivery. to remain working until the 6 weeks before the delivery due Sep-21 Working Time Regular Hours The regular working hours are Revise the internal regulations Lil 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. [page 196] 195 Sep-21 Occupational Safety and Emergency Preparedness Assessors observed a identify electrical installations Signs of electrical hazards 36 Health 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 Preparedness Fire drills are not performed include the fire drill in the The factory kept a registry for nl Health twice a year. training plan fire drill. Ensure that the fire drill is conducted every 6 months Sep-21 Occupational Safety and Emergency Preparedness Escape routes were Provide additional training for A checklist has been 48 Health obstructed. supervisors and workers, implemented. rearrange the storage room. Keep escape routes free of obstruction. Sep-21 Occupational Safety and Emergency Preparedness The escape routes are not Paint evacuation arrows and A checklist has been ll Health 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 Preparedness One fire extinguisher was Have a fire extinguisher suitable nl Health undercharged. for the factory conditions. Develop a procedure for recharging the fire extinguishers. Sep-21 Occupational Safety and Emergency Preparedness The alarm system does not Have a fire detection and alarm The fire detection and alarm nl Health 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 First Insufficient number of nurses. Hire additional medical staff to ll Health Aid have at least 7 nurses for the current workforce. Sep-21 Occupational Safety and Welfare Facilities The water provided to the Conduct the water test on a Lil 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 46 Health workplace is unacceptable. 300 lux in Pressing section, 500 lux in Sewing, cutting, packing. 750 lux in trimming, Inspection section. [page 197] 196 Sep-21 Occupational Safety and Working Environment Workplace temperature level Increase the ventilation with 120 Health exceed 30 C in 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 36 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 ll 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 nl Health personal protective providing and renewing the equipment. PPE's. Provide employees with all necessary personal protective clothing and enninmant Sep-21 Occupational Safety and Chemicals and Hazardous The employer did not provide Install an eye wash station in nl Health Substances adequate washing facilities or the welding area. cleansing materials in the welding area. Sep-21 Occupational Safety and Chemicals and Hazardous Chemical safety data sheets Keep chemical MSDS for all 48 Health Substances were not available in the hazardous chemicals used in 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 Hazardous Unidentified containers of Define who control the 36 Health Substances product found in several areas chemical container upon receipt of the workplace. from supplier and control the label. Define who is entitled to pour chemicals in other recipients and label them. Sep-21 Occupational Safety and Chemnicals and Hazardous The inventory of chemicals is Assign a person responsible for 36 Health Substances not accurate. updating inventories of hazardous substances in the various locations where they are stored or used. [page 198] 197 Sep-21 Contracts and Human Termination The calculation of bonus upon Pay the lunch break and include nl 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 nl 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 Pay the lunch break and include il Resources payment for the applicable it in the payment for the notice period. does not applicable notice period. include the lunch break payment. Sep-21 Compensation Social Security and Other The employer pays workers for Pay the lunch break and include nl 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 Other The factory is not registered Register with OFATMA. Include 60 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 Other The factory is not registered Register with OFATMA. Include 60 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 Other The calculation of the workers" Pay the lunch break and nl 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 199] 198 Sep-21 Compensation Social Security and Other The calculation of the Pay the lunch break and nl 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 nl 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 nl 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 36 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 nl payments does not include it in the calculation of sick leave. the lunch break payment. Sep-21 Compensation Paid Leave The calculation of annual Pay the lunch break and include il 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 a protocol that Factory has participated in the Health Systems appropriate includes a COVID-19 task force, review of the management epidemic/pandemic protocol hygiene procedures, entry and guidelines for COVID 19 and related to COVID-19 in place. exit procedures and reporting has started implementing the Procedures. recommendations. Jul-19 Occupational Safety and Emergency Preparedness Several aisles were obstructed Identify additional space for Health by moving equipment and storing goods. Then fabric materials. Specify who conduct daily/weekly checks. [page 200] 199 Jul-19 Occupational Safety and Emergency Preparedness Inaccurate evacuation plan. Update the evacuation plan and The evacuation plans have Health 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. 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 Hazardous Material Safety Data Sheets Assign a person in charge of All the recommendations have Health Substances were not available for several receiving MSDS from supplier been implemented. MSDS are 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 Hazardous Unlabelled containers of oil. Label all chemical and A procedure for chemical Health Substances hazardous substances used in management has been the workplace. developed. Jul-19 Occupational Safety and Chemicals and Hazardous Inaccurate inventory of Assign a person responsible for Management has kept an Health Substances chemical products used in the updating the inventory of inventory of chemical 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 Other The factory has not collected Register with OFATMA for 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 Other The factory has not registered Register with OFATMA for 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 201] 200 BETTER WORK HAITI - 24TH SYNTHESIS REPORT Factory: Palm Apparel S.A. DES Location: Port-au-Prince Number of workers: 1,520 Date of registration: Jan-11 Date of last two Better Nov-19 Mar-22 Work assessments: Advisory and Training Services 6-May-22 Training Virtual Bipartite Training. 24-Mar-22 Virtual advisory meeting Meeting with the compliance team to discuss about the implementation of a bipartite committee. Review of the improvement plan and validate pending issues such as: Annual leave, working environment, welfare facilities. Review of documentations related to Breast feeding brakes, Annual leave, compensation and COVID- 19 Policv. 26-Jan-22 Virtual advisory meeting Meeting with the management team to review pending issues in the improvement plan. Follow up on temporary suspension and conduct session on OSH self 25-Nov-21 Virtual advisory meeting Meeting with OSH committee on how to prevent work related accidents in the workplace. Meeting with the compliance team to review the pending issues on the improvement. Meeting with pregnant and Breastfeeding women: breaks and payment. 27-Aug-21 Virtual advisory meeting Virtual training on emergency Preparedness. Meeting with the compliance team to follow up on the improvement plan and review compensation, new template for OSH checklist. Then explain legal requirements related to sick leave. 25-May-21 Training Virtual Learning Seminar on Chemical Management System. 21-May-21 Training Virtual training on Introduction to Workers Rights & Responsibilities. 20-May-21 Training Virtual training on Socially Responsible Transitioning. 13-May-21 Virtual advisory meeting Meeting with the OSH committee for self diagnosis. Meeting with union representative. Meeting with the compliance team to review the improvement plan : Social security, working environment, health services and first Aid. Document review : OSH meeting minutes, fire fighting system maintenance, fire drill records. Meeting with the compliance team about mass layoffs and temporary suspensions and management concerns. ASSESSMENT COMPLIANCE CLUSTER COMPLIANCE POINT DETAILS OF NON COMPLIANCE IMPROVEMENT PRIORITIES REMEDIATION EFFORTS MONTHS Assessment March 2022 Mar-22 Occupational Safety and Emergency Preparedness The last fire drill was conducted in Conduct at least 1 emergency drill 25 Health March 2022 and the one before that every six months. Insert the drills in in August 2021. Better Work the OSH annual training plan and recommends a fire drill every six Keep records of the drills. months. Mar-22 Occupational Safety and Emergency Preparedness Assessors noticed that factory floor is : Paint yellow lines on the floor to 25 Health not marked; there are no arrows to show the exit pathway- Specify who identify the evacuation routes. conducts additional daily weekly Furthermore the factory floor needs to checks. be resurfaced; it contains several cracks. Mar-22 Occupational Safety and Health Services and First Aid Insufficient medical staff. Hire additional medical staff to have 39 Health at least 6 nurses for the current workforce. [page 202] 201 Mar-22 Occupational Safety and Health Services and First Aid The annual health checks are not in Discuss the legal requirements with 39 Health line with the legal requirements the General Manager because they did not do Pulmonary X- Pay the health cards. ray, Kahn, Rhx and blood type. Mar-22 Occupational Safety and Health Services and First Aid Health checks within the first three Discuss the legal requirements with 38 Health months of employment are not in the General Manager and Pay the line with the legal requirements health cards. because they did not do Pulmonary X- ray, Kahn, Rhx and blood type. Mar-22 Working Time Regular Hours The regular working hours is Revise the internal regulations and 3 equivalent to 9 working hours per day make sure that the regular hours do and 54 hours per week. not exceed 48 hours per week. Mar-22 Occupational Safety and Welfare Facilities Insufficient number of toilets. Increase the number of toilets to 55 Health comply with the law. Mar-22 Occupational Safety and Worker Protection The factory does not check all workers’ Check workers’ body temperature 3 Health body temperature upon entry and re- and Keep a registry for all persons entry. who present a temperature of 38C and above Mar-22 Occupational Safety and Worker Protection The factory did not conduct any Provide training to workers on COVID- S Health training for the prevention of COVID- 19 19. Mar-22 Occupational Safety and Worker Protection The employer has not provided proper Provide employees with all necessary 25 Health PPE to all workers. personal protective clothing and equipment according to PPE regulation. Mar-22 Occupational Safety and Chemicals and Hazardous Eye wash station is not available in Install eye wash station where S Health Substances the mechanic workshop where chemicals are used in stored. chemical products are used. Mar-22 Occupational Safety and Chemicals and Hazardous The spot cleaning area is closed to the Isolate the use of chemical away 3 Health Substances work floor and does not have and from the work area. Use a separate, exhaust system. ventilated room for spot cleaning. Mar-22 Occupational Safety and Chemicals and Hazardous MSDS are not available for all chemical Prepare and post MSDS where 56 Health Substances and hazardous substances used in the chemicals are used. workplace. Mar-22 Occupational Safety and OSH Management Systems The factory did not share any Request a structural safety certificate 3 Health structural safety certificate delivered from the city. by the city, with the assessors. [page 203] 202 Mar-22 Occupational Safety and OSH Management Systems During the assessment visit, the Assign responsibility and submit S Health employer did not share any proof that work related accident to OFATMA work related accident were recorded monthly. and submitted to OFATMA on a monthly basis. Mar-22 Compensation Social Security and Other The employer is registered with Pay the lunch break and Forward 57 Benefits OFATMA for maternity and health worker's and employer's contribution insurance. The payments for January to OFATMA maternity and health and February 2022 were overdue. The insurance within the first 10 business lunch break payment is not included days of the next month for the in the average salary. previous month. Mar-22 Compensation Social Security and Other The employer is registered with ONA Pay the lunch break and Forward 127 Benefits for retirement insurance. The worker's and employer's contribution payments for January and February to ONA within the first 10 business 2022 had not been made at the time days of the next month for the of the assessment. previous month. Mar-22 Compensation Social Security and Other The factory did not send worker's pay : Send workers’ payslip to OFATMA on 3 Benefits slip to OFATMA for sick leave and a regular basis for maternity and sick maternity leave payment. leave. Mar-22 Compensation Social Security and Other Workers are entitled to an annual Discuss legal requirements with the S Benefits salary supplement or boni which is General Manager. Pay the lunch calculated on average salary. However, break and include it in the calculation it does not include the lunch break of the average daily salary. payment. Mar-22 Compensation Social Security and Other The factory is registered with OFATMA Keep records of the salary statement 57 Benefits for Work Related accident Insurance. sent to OFATMA. Pay OFATMA However, the factory's management work related accident insurance on did not share the salary statement time. sent to OFATMA for the fiscal year 2021- 2022 Mar-22 Compensation Paid Leave The factory did not pay annual leave, Discuss legal requirements with the S Sick leave and maternity leave General Manager. Pay the lunch correctly because the payment of the break and include it in the calculation lunch break is not included in the of the average daily salary. calculation of the average daily salary. Mar-22 Compensation Paid Leave Workers are entitled to 1 hour daily Discuss legal requirements with the 3 break that is not compensated. General Manager Pay the lunch break. Mar-22 Compensation Paid Leave Maternity leave payment is for 6 Discuss legal requirements with the S weeks instead of 12 weeks. General Manager Furthermore, the lunch break Pay the lunch break payment in not included in the Send worker's payslip to OFATMA on calculation of the average salary. time [page 204] 203 Mar-22 Compensation Paid Leave Workers are entitled to full payment of Discuss legal requirements with the 3 maternity leave. However, the lunch General Manager break payment in the calculation of Include the lunch break payment in the average daily salary. the average salary for maternity leave. Mar-22 Compensation Paid Leave The calculation of the annual leave Discuss legal requirements with the S payment does not include the lunch General Manager break payment. Pay the lunch break and include it in the calculation of annual leave Assessment November 2019 - October 2020 Oct-20 Occupational Safety and OSH Management Systems The factory does not have an Review the COVID-19 protocol to Factory has participated in the Health appropriate epidemic/pandemic include the missing points. review of the management protocol related to COVID-19 in place. guidelines for COVID 19 and has started implementing the recommendations. Oct-20 Occupational Safety and Worker Protection The factory does not keep a copy of Develop a checklist to record daily The factory cleans and disinfect Health the daily cleaning and disinfection cleaning and disinfection. all machines, equipment, and record. Keep record in appropriate location. tools at least once per day. Nov-19 Working Time Regular Hours The break time provided to workers is Post the proper break time in all The human resources different from what is posted on the buildings. department has already posted floor. the appropriate break time in all buildings. Nov-19 Occupational Safety and Working Environment Workplace lighting is below BW Ensure the lighting is adequate and The assistant manager of the Health recommended limit in different adapted to worker's needs. maintenance department is in section. charge of the maintenance of the light. Nov-19 Occupational Safety and Working Environment Temperature exceeds Better Work's Use a push and pull-type ventilation. Health recommended limit of 30 C in all Provide or relocate windows in higher sections. position. Nov-19 Occupational Safety and Worker Protection Electrical boxes were missing the Identify electrical installations Hazard signs have been posted Health hazard signs. requiring warning signs and post on all electrical panels. corresponding signs. Nov-19 Occupational Safety and Worker Protection Electrical installations are not properly Keep all electrical panels closed and Training has been provided to all Health maintained. properly maintained. electricians. À weekly check has been assigned. Nov-19 Occupational Safety and Worker Protection Dust masks are not provided to Provide dust mask to all workers in Management has provided dust Health workers. the sewing line. masks to all workers. Nov-19 Occupational Safety and Welfare Facilities Soap and toilet paper were not Ensure that soap and toilet paper are Soap and paper are available. Health available in 3 buildings. always available to workers. The OSH assistant is in charge of the verification. [page 205] 204 Nov-19 Occupational Safety and Welfare Facilities Insufficient number of toilets. Increase the number of toilets. Health Nov-19 Occupational Safety and Health Services and First Aid Insufficient medical staff. Hire the required medical staff. Health Nov-19 Occupational Safety and Health Services and First Aid The annual checks provided to Provide annual health checks at not Health workers are not in line with the legal cost to workers. requirements. Nov-19 Occupational Safety and Health Services and First Aid The health checks are not provided to Provide free health checks to Health workers within the first three months workers within the first three months of employment. of employment. Nov-19 Occupational Safety and Emergency Preparedness Insufficient number of fire drills Conduct at least one emergency drill The last fire Drill was conducted Health conducted during the year. every six months in November 2019. The Fire Drills are included in the OSH sustainability and training plan. Nov-19 Occupational Safety and Emergency Preparedness Exit routes and aisles are obstructed Identify a space to store finished À space has been identified and Health with boxes. goods and materials. the Health and safety officer is Keep aisles and routes unobstructed. responsible of the verification. Nov-19 Occupational Safety and Emergency Preparedness Obstructed fire extinguishers. Ensure that access to fire The boxes have been arranged Health extinguishers remain unobstructed in properly on the floor. The Health the workplace. and Safety officer is responsible to conduct the daily checks. Nov-19 Occupational Safety and Emergency Preparedness Obstructed and also non-functioning Have a fire detection and alarm The factory has a fire detection Health alarm system in the workplace. system suitable for the factory and alarm system. The Health conditions. and Safety officer is the one in charge of the verification. Nov-19 Occupational Safety and Chemicals and Hazardous Several hazardous chemicals were Prepare and post MSDS where The health and safety officer is Health Substances found without chemical safety data chernicals are used. in charge of receiving the MSDS. sheets. All chemicals hazardous used in the workplace have a MSDS. Nov-19 Occupational Safety and Chemicals and Hazardous Chemicals and hazardous substances Label all chemical and hazardous The Health and Security officer Health Substances were not properly labelled in different substances used in the workplace. conducts the regular checks on section of the factory. chemical safety. Nov-19 Occupational Safety and Chemicals and Hazardous Inaccurate inventory of chemicals Assign a person responsible for The Health and safety officer is Health Substances used in the workplace. updating the inventories of responsible to update the hazardous substances in the various inventories and also responsible locations where they are stored or for the verification. used Nov-19 Contracts and Human Contracting Procedures Sunday payment is not included in Include Sunday payment in the Sunday payment is included in Resources the regular payroll. regular payroll. the regular payroll. The working hours of the employees are recorded. [page 206] 205 Nov-19 Compensation Social Security and Other Collecting and forwarding of workers’ Collect 3 percent of workers’ base Workers have been informed Benefits contributions to OFATMA. salary and forward to OFATMA for about the legal requirement. maternity and health insurance. 3 percent of workers’ basic salary are collected for maternity and health insurance. Nov-19 Compensation Social Security and Other Late and inaccurate calculation of Submit OFATMA payment for health The issues was discussed with Benefits employer's contribution to OFATMA and maternity insurance on a the general manager and workers for maternity and health insurance. monthly basis. Calculate the 3 are informed about the legal percent on workers’ base salary. requirements. Nov-19 Compensation Social Security and Other The factory does not pay OFATMA for Pay OFATMA for the health card and Benefits the CDS (Health Card) as the law keep records of the salary statement. requires. Nov-19 Compensation Social Security and Other ONA's deduction collected and Submit ONA payments on time, The issue was discussed with the Benefits forwarded is not calculated on the within the first 10 working days of General manager. workers’ base salary. each month for the previous month. ONA deduction is now calculate Then calculate this amount based on on workers base salaries. workers base salaries. Nov-19 Compensation Social Security and Other Late and inaccurate calculation of Ensure that workers’ contribution are Benefits workers’ contributions to ONA. collected and forwarded to ONA on time and calculate this amount based on workers’ base salary. Nov-19 Compensation Paid Leave Payment of sick leave is not based on include payment for work done on Sunday payment and special average daily salary. Sundays and payment prizes are included in the for Special Prizes in the calculations calculations of the average salary of the average daily salary . . [page 207] 206 BETTER WORK HAITI - 24TH 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 17-Jun-22 Training Virtual Negotiation Skills. 3-Jun-22 Training Virtual Workers' Rights & Responsibilities. 12-May-22 Virtual advisory meeting Meeting with the compliance team for the implementation of a bipartite committee. Review of the improvement plan: Annual leave, working environment, welfare facilities. Review of documentations Breast feeding brakes, compensation. COVID-19 Policy 28-Apr-22 Virtual advisory meeting Meeting advisory to review and update the improvement plan, specially the compliance on social security benefits. 10-Mar-22 Virtual advisory meeting First advisory to discuss about the roadmap and the improvement plan. Meeting was interrupted and has been plan for the next week. 4-Oct-21 Virtual advisory meeting 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 Virtual advisory meeting Meeting with the compliance team to verify files of terminated workers and provide feedback. Then, review training records on PPE and chemical managem 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. 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 8 to 9 working hours per day and 54 and make sure that the regular hours per week. hours do not exceed 48 hours per weal Nov-21 Occupational Safety and Emergency Preparedness Assessors observed obstructed aisles Provide additional training for 8 Health in the factory floor. supervisors and workers. Provide additional space for storing goods. [page 208] 207 Nov-21 Occupational Safety and Emergency Preparedness The escape routes are not clearly Paint evacuation arrows and 8 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 8 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 Insufficient medical staff. Hire additional medical staff to 127 Health Aid have at least 4 nurses for the current workforce. Nov-21 occupational Safety and Health Services and First Management did not share evidence Pay the health cards and ensure 127 Health Aid that annual medical checks were workers received their health provided to workers. cards and annual health check Nov-21 Occupational Safety and Health Services and First Management did not share evidence Develop an health check plan for 8 Health Aid 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 Management did not share evidence Pay the health cards. Develop an 8 Health Aid 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. hirine Nov-21 Occupational Safety and Welfare Facilities The factory has an eating area. Atthe Develop a cleaning plan to ensure 8 Health time of the assessment, assessors that the eating area is properly observe that it was not well maintained and can maintained and also serves as fabric accommodate the workforce. storage area. Nov-21 Occupational Safety and Welfare Facilities Insufficient number of toilets for men Increase the number of toilet to 60 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 8 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 8 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 209] 208 Nov-21 Occupational Safety and Worker Protection The social distance is not respected on Review and update the COVID-19 8 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 Add this aspect in the daily and The batteries terminals in the 8 Health observed that the batteries terminals weekly checks. generator has been properly in the 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 8 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 8 Health sewing areas are missing backrest. workers. Nov-21 Occupational Safety and Worker Protection 60 percent of workers do not use Ensure that all workers in the 8 Health their mask to prevent the risks of workplace use their mask to exposure 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 8 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 8 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 The factory is paying their debt 69 Benefits calculated on the minimum salary, worker's contribution to OFATMA._ based on an agreement with and the calculation does not include Ensure payment are done within : OFATMA. The factory has the lunch break payment. the first 10 business days of the forwarded Worker's next month for the previous contribution to OFATMA from month June 2021 to November 2021 except for the month of October 2021 Nov-21 Compensation Social Security and Other The employer contribution to Include the lunch break in the The factory is paying their debt 69 Benefits OFATMA is calculated on the employer contribution to based on an agreement with minimum salary. The factory made OFATMA. Ensure payment are OFATMA. The factory has two payments in September 2021, done within the first 10 business made regular payments from representing 25.50% of the debt atthe days of the next month for the June 2021 to November 2021 time of the assessment visit. previous month. except for the month of October 2021. [page 210] 209 Nov-21 Compensation Social Security and Other The factory failed to provide the Keep record of the invoice sent by 69 Benefits notice 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 69 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 69 Benefits calculated on the minimum salary, employer contribution to ONA and the calculation does 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 leave, Pay the lunch break. Include the 8 Sick leave and maternity leave payment in the calculation of the correctly because the payment ofthe average daily salary for sick leave lunch break is not included in the and annual leave. calculation. Nov-21 Compensation Paid Leave The lunch break is not compensated Pay the lunch break. 8 in the payroll. Nov-21 Compensation Paid Leave The maternity leave payment register include the payment in the 8 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 8 average daily earnings, because the payment in the calculation of the calculation does not include the lunch average daily salary. break payment. ° Compensation Paid Leave The annual leave payment is not Pay the lunch break. Include the 8 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 [page 211] 210 Oct-20 Occupational Safety and OSH Management The factory does not have an Develop a protocol that include a Factory has participated in the Health Systems 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. 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 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 Reinstate 41 terminated workers. The factory was able to reach and Collective Bargaining Discrimination worker's employment contracts due to an agreement with the union 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 facility during the mandatory work rules. modified and approved by overtime hour MAST. Aug-19 Occupational Safety and Welfare Facilities The production floor is not clean. Implement an housekeeping Health program that identifies and assigns responsibilities. Aug-19 Occupational Safety and Working Environment Workplace temperature exceed BW Use electrical exhaust fans or Health recommended limit of 30 Cin 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 Electrical maintenance has Health maintained. properly. 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 Health masks to workers using chemicals and necessary personal protective chemical handling. Protective hazardous substances. clothing and equipment equipment has been according to PPE regulation. distributed to workers. Aug-19 Occupational Safety and Welfare Facilities Insufficient number of toilets. Increase the number of toilets. Health Aug-19 Occupational Safety and OSH Management Management did not provide Conduct a building safety Health Systems construction/building permits . inspection ensuring the security of the building. [page 212] 21 Aug-19 Occupational Safety and OSH Management The OSH committee does not Schedule monthly meetings and The meeting took place every Health Systems conduct meetings on a monthly basis keep meeting minutes. Make sure month and the minutes are as stated in the OSH policy. that workers’ representatives have kept. Management shared a at least equal representation as list for the OSH committee the management. that include 13 workers and 11 management representatives. Aug-19 Occupational Safety and Health Services and First Access to first aid box was obstructed Mark on the floor areas that In the new layout the factory Health Aid by boxes should not be obstructed and provide additional space for specify who conduct daily weekly : boxes storage. checks. Aug-19 Occupational Safety and Health Services and First Less than 10 percent of the workforce Train at least 10 percent of the The factory has a system in Health Aid including men and women were workforce in first aid. place to monitor the number trained in first aid. of trained workers. Aug-19 Occupational Safety and Health Services and First Insufficient medical staff. Increase the number of nurse. Health Aid Aug-19 Occupational Safety and Health Services and First Annual medical checks not complete Provide free annual medical Health Aid 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 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 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 Health Substances safety data sheets for all the chemicals used in the workplace. readable by users. hazardous chemicals used in the workplace. Aug-19 Compensation Social Security and Other Inaccurate calculation of worker's Ensure that 3 percent of workers" 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 Benefits does not include holiday and weekly health and maternity insurance rest day payment. on a monthly basis. Calculate the 3 percent based on workers base salary. [page 213] 212 Aug-19 Compensation Social Security and Other Worker's deduction for ONA is Submit ONA payments on time, Benefits inaccurate. then calculate this amount based on workers base salaries. [page 214] 213 BETTER WORK HAITI - 24TH SYNTHESIS REPORT C Factory: S&H Global 1-6 Location: Arrondissement du Trou du Nord Number of workers: 9,798 Date of registration: Jul-12 Date of last two Better Mar-21 May-22 Work assessments: Advisory and Training Services Apr-22 Training Virtual OSH Event Workshop. Mar-22 Virtual advisory meeting Advisory service to discuss about all the non compliance, and the bipartite committee. As the factory was severely affected by flooding, a list of non compliance issues was sent to S&H to provide feedback on the non-compliance issues resolution. Mar-22 Training Virtual Sexual Harassment Awareness and Prevention for Supervisors. Mar-22 Training Virtual Sexual Harassment Awareness and Prevention for Workers. 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. ASSESSMENT COMPLIANCE CLUSTER COMPLIANCE POINT DETAILS OF NON COMPLIANCE IMPROVEMENT PRIORITIES REMEDIATION EFFORTS MONTHS Assessment May 2022 May-22 Forced Labour Coercion Foreign workers are prohibited from Remove the prohibition for Foreign workers can leave the park 1 leaving the industrial park after foreign workers to leave the after the working hours. working time industrial park on their free time. [page 215] 214 May-22 Forced Labour Coercion The foreign workers did not receive a Share a written contract with Factory has updated the contract of 1 copy of the contract prior to their the foreigners workers when the foreign workers and submitted arrival in Haïti. Furthermore, the before they travel in Haïti to it to headquarters for approval. airline tickets to their home country fulfil their contract. Remove the is at their own charge if they failed to clause that states the foreign complete seniority terms. workers must reimburse the ticket upon arrival and the return is at their own charge if they failed to complete terms of the contract. May-22 Compensation Overtime Wages Employer did not show evidence Indicate in the payroll the 1 that foreign workers were paid overtime payment. properly for overtime hours worked. May-22 Compensation Paid Leave The annual leave payment does not Include the lunch break in the 13 include the lunch break payment. calculation of the annual leave. May-22 Compensation Paid Leave The sick leave is paid on a prorated Pay full sick leave payment 13 basis, depending on their term of after one year of service. service while the labor code stated that workers employed for more than one year are entitled to full pay. May-22 Compensation Paid Leave The maternity leave payment does Include the lunch break in the 13 not include the lunch break payment. calculation of monthly salary. May-22 Compensation Paid Leave Lunch break is not compensated in Pay the lunch break. 13 the payroll. May-22 Compensation Paid Leave Annual leave, sick leave and Include the lunch break 13 maternity leave payments are payment in the calculation of inaccurate because the lunch break the annual, sick and maternity payment is not included in the leaves. calculation. May-22 Compensation Social Security and The annual salary supplement or Include the lunch break in the 13 Other Benefits bonus does not include the lunch calculation of the annual leave. break payment. May-22 Compensation Social Security and The maternity leave and sick leave Include the lunch break 13 Other Benefits payment register and payroll records payment in the worker's do not include the lunch break monthly earnings. payment. As a result, workers payslips sent to OFATMA are inaccurate May-22 Compensation Social Security and The workers’ and employers' Include the lunch break payment 13 Other Benefits contribution to ONA are inaccurate in the worker's monthly earnings. because the calculation does not include the lunch break payment. [page 216] 215 May-22 Compensation Social Security and The workers’ and employers' Include the lunch break 13 Other Benefits contribution to OFATMA are payment in the worker's inaccurate because the calculation monthly earnings. does not include the lunch break payment. May-22 Contract and Human Employment Contract for foreign workers do not Specify working conditions in the 1 Resources Contracts specify the working hours and contracts. provides less than 15 days annual leave. May-22 Occupational Safety and OSH Management The factory did not submit accident Submit the accident reports on nl Health Systems report on a monthly basis to a monthly basis to OFATMA. OFATMA. May-22 Occupational Safety and Chemicals and Several chemical product containers Label all chemicals stored and Management corrected the issues 35 Health Hazardous Substances that were not properly labelled. used in the workplace. during the assessment visit. May-22 Occupational Safety and Chemicals and Several hazardous and chemicals Have all chemical data sheets Management corrected the issue and 1 Health Hazardous products were missing the chemical for chemical used and stored in placed MSDS for all these products, Substances safety data sheets. the workplace. in the location where they are being used. May-22 Occupational Safety and Chemicals and Four vacuum machines were not Repair or replace the vacuum 75 Health Hazardous functioning properly in the spot machines. Install eyewash Substances cleaning section. No eyewash station facilities were chemicals are was installed inthe mixing rooms of used and stored. module 4 and in the printshop of module 3 where chemical products are used. May-22 Occupational Safety and Worker Protection The employer has not been provided Provide proper personal Management provided the 75 Health proper PPE to all workers. protective equipment to protective equipment during the workers in the workplace. assessment visit. May-22 Occupational Safety and Worker Protection An electrical wire was hanging with Secure all possible sources of Managed corrected the issue during 35 Health clear masking tape on it, in the hazard. the assessment visit. "Impossible" section of module 1 May-22 Occupational Safety and Worker Protection One electrical box in module 2 was Post the hazard sign where Managed corrected the issue during 1 Health missing the hazard sign and 14 necessary. the assessment visit. Electricals boxes in dormitories 1 and 4 were also missing hazard signs. May-22 Occupational Safety and Working The temperature levels exceeded the Maintain the temperature level 1 Health Environment recommended 30 C in packing, to 30 C and below in all section and quality sections. sections. [page 217] 216 May-22 Occupational Safety and Working Noise levels are unacceptable in the Maintain the noise level Up to 75 Health Environment packing, sewing and inspection 90 db. sections. May-22 Occupational Safety and Welfare Facilities Workers complained about the Identify other location to install 13 Health location of drinking water stations the drinking water stations. which are very close to the toilets. May-22 Occupational Safety and Health Services and Insufficient number of nurses. Hire seven more nurses. 1 Health First Aid May-22 Occupational Safety and Health Services and Five first aids boxes were missing Post the inventory list of All these issues were corrected 51 Health First Aid inventory checklist of supplies, and supplies on the first aid box. during the assessment visit. one first aid box was obstructed. Ensure that it is accessible. May-22 Occupational Safety and Emergency The alarm systems in module 2 and Regularlÿy maintain the fire All these issues were corrected 1 Health Preparedness 4 were not working properly, since fighting equipment. during the assessment visit. the system was not interconnected. A smoke detector was not installed in the stockroom of module 6. May-22 Occupational Safety and Emergency One fire extinguisher was Regularly maintain the fire All these issues were corrected 13 Health Preparedness overcharged. fighting equipment. during the assessment visit. Three fire extinguishers were obstructed. Five fire extinguishers were missing. Five fire extinguisher needed to be recharged.. May-22 Occupational Safety and Emergency The evacuation plans in several Paint the floor of module 2 and 48 Health Preparedness modules are missing the meeting 4. Update the evacuation plan point. Factory floor in module 2 and to add the meeting point. module 4 needs to be painted. May-22 Working Time Regular Hours The employer did not post the Post the working hours in Management posted the working 1 factory's working hours in module 9. module 9. hours in Module 9. May-22 Working Time Overtime Contracts for foreign workers do not Include the effective time of Factory has updated the contract of 1 specify the amount of overtime overtime performed in the the foreign workers and submitted required. payroll. it to headquarters for approval. May-22 Working Time Leave Contract for foreign workers states Provide 15 days of annual leave Factory has updated the contract 1 that they are entitled to less than to foreign workers. for the foreign and submitted it to fifteen days of annual leave. headquarters for approval. May-22 Occupational Safety and OSH Management OSH committee has organized two Maintain meeting for the OSH 1 Health Systems meeting for the past 12 months. committee on a monthly basis. [page 218] 217 May-22 Occupational Safety and OSH Management Management has not posted names Post names of the OSH 1 Health Systems of OSH committee members. committee members. May-22 Occupational Safety and OSH Management The factory has an emergency Include missing element in the 1 Health Systems preparedness procedure that does emergency preparedness not include the following: procedures. - Evacuating employees to a designated assembly location, and - Accounting for all employees after an evacuation. May-22 Occupational Safety and Chemicals and The chemical inventory was not Keep an inventory for all the 1 Health Hazardous accurate and did not include the chemicals used and stored in Substances name of all chemicals used in the the workplace. workplace. Assessment March 2021 Mar-21 Compensation Paid Leave Daily break payment is not included Compensate the lunch break. Company is still in consultation 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 compensated. 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 Sick leave does not include the daily Compensate the lunch break. Company is still in consultation break payment. with MAST and ADIH 50 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 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 Compensate the lunch break. Company is still in consultation Other Benefits for maternity and health insurance is with MAST and ADIH so that we wrongly calculated as it does not can have clear advice from them to include the lunch break payment. plan and to make the appropriate decisions. Mar-21 Compensation Social Security and Worker's deduction to OFATMA for Compensate the lunch break. Company is still in consultation Other Benefits maternity and health insurance is with MAST and ADIH 50 that we wrongly calculated as it does not can have clear advice from them to include the lunch break payment. plan and to make the appropriate decisions. [page 219] 218 Mar-21 Compensation Social Security and Employer's deduction to ONA is Compensate lunch break. Company is still in consultation Other Benefits wrongly calculated as it does not with MAST and ADIH so that we include the lunch break payment. can have clear advice from them to plan and to make the appropriate decisions. Mar-21 Compensation Social Security and Worker's deduction to ONA is Compensate the lunch break. Company is still in consultation Other Benerfits wrongly calculated as it does not with MAST and ADIH 50 that we include the 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 Resources wrongly compensated as it does not with MAST and ADIH so that we include the lunch break payment. 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 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 Mar-21 Occupational Safety and Chemicals and The inventory does not include all Update the chemical inventory This problem has been solved, the Health Hazardous the location even tough chemicals on a regular basis. compliance department via the Substances were stored in different places. factory compliance officers will review the inventory weekly to avoid this problem Mar-21 Occupational Safety and Chemicals and Several unidentified containers of oil, Ensure that all chemical used All chemicals have been well Health Hazardous thinner and diesel. in the workplace are properly identified, the compliance team Substances 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 moved Health Hazardous exposed to the sun in one building. in appropriate places. from inappropriate areas to their Substances respective places. Compliance team performed training for all workers who are using chemicals. Cos will keep monitoring the factories to avoid this issue. [page 220] 219 Mar-21 Occupational Safety and Chemicals and Several chemicals found without Ensure that all chemical have MSDS is available for all chemicals Health Hazardous MSDS in places where they are used. MSDS available where chemical used within the Factory. The Substances are used or stored. 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 Health Hazardous and packing sections. the cutting section and packing compliance officer reviewed and Substances section of building 3. ensured that all eye wash stations function properly with sufficient pressure. The Compliance officer will do weekly follow-up to the avoid the repetition of this issue. Mar-21 Occupational Safety and Worker Protection Appropriate mask were not provided Provide appropriate masks to The issue is solved. Compliance Health to workers using chemical products. workers using chemical Officer trained workers on the products. importance of safety belt while working in unloading area; now workers use it correctly. Next purchase will be make in advance Mar-21 Occupational Safety and Worker Protection Absorbing mats were missing for Provide shop absorbing mats The problem has been solved. AI Health several standing workers. to all standing workers. 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 The electricians have evaluated Health equipment. Improper isolation of equipment are properly and fixed the issue so that these electrical of electrical wires in maintained. will not happen again. Maintenance mechanic workshop. department agreed to always notify compliance team before they have to do these types of work. [page 221] 220 Mar-21 Occupational Safety and Worker Protection Adaption to COVID-19 and workers Ensure to maintain a social Since the company starts working Health are reluctant to comply to protective distance of1.5M. after the COVID-19, the company measure after 1 year of this has taken all the necessary pandemic. 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 Noise level exceeded 90 dB in Ensure that the noise level is The problem has been fixed. The Health Environment several 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 during our self- Mar-21 Occupational Safety and Working Lux level inappropriate in several Ensure that lux level is Health Environment sections. appropriate in all section. Mar-21 Occupational Safety and Welfare Facilities Workers complained about the Install the drinking water Some of the water installations Health location of drinking water stations stations in a more appropriate were relocated from away from the next to the toilets. area. 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. Mar-21 Occupational Safety and Health Services and One first aid box missing items such Ensure that the first aid boxes This problem was solved, the first Health First Aid as alcohol and gauze. are equipped with necessary aid boxes has been completed, with supplies. all the necessaries medications. Weekly inspection will be carried out to avoid this issue Mar-21 Occupational Safety and Emergency One fire extinguisher was obstructed Ensure that fire extinguishers All fire extinguishers are available Health Preparedness in 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 Health Preparedness and insert the assembly point meeting point has the location of on the evacuation map. the evacuation maps. for fty#3, the map as been updated and ported in the module. [page 222] 221 Mar-21 Occupational Safety and Emergency Evacuation routes obstructed with Ensure that escape route This problem has been corrected, Health Preparedness boxes. remained unobstructed during All evacuation routes are free of all the working hours. 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 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 installations. [page 223] 222 BETTER WORK HAITI - 24TH SYNTHESIS REPORT Factory: S&H Global Washing 7 Location: Arrondissement du Trou du Nord Number of workers: 1,427 Date of registration: Sep-18 Date of last two Better Mar-21 May-22 Work assessments: Advisory and Training Services 28-Apr-22 Training Virtual OSH Event Workshop. T-Mar-22 Training Virtual Sexual Harassment Awareness and Prevention for Supervisors. 10-Mar-22 Training Virtual Sexual Harassment Awareness and Prevention for Workers. 30-Nov-21 Virtual advisory meeting 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 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 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, meeting with the compliance team to follow up on mass dismissal, temporary suspension, risk assessment and OSH issues 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. ASSESSMENT COMPLIANCE CLUSTER COMPLIANCE POINT DETAILS OF NON COMPLIANCE IMPROVEMENT PRIORITIES REMEDIATION EFFORTS MONTHS Assessment May 2022 May-22 Occupational Safety Working Environment Temperature levels exceeded the Maintain the temperature level 1 and Health recommended 30 C in pressing, to 30 C and below in all sections. sewing and inspection sections. [page 224] 223 May-22 Occupational Safety OSH Management The written OSH policy does not Update the OSH policy in 1 and Health Systems include measurable objectives and consultation with workers improvements targets and was not representatives and include developed through consultation missing elements. with workers representatives. May-22 Occupational Safety OSH Management The factory has an emergency Include the following missing 1 and Health Systems preparedness procedure that does elements in the emergency not include all the necessary preparedness procedures: elements. Evacuating employees to a designated assembly location, and accounting for all employees after an evacuation. May-22 Occupational Safety OSH Management Management has not posted Post names of the OSH 1 and Health Systems names of OSH committee committee members. members on the factory floor. May-22 Occupational Safety OSH Management The OSH committee is not Organize meeting for the OSH 1 and Health Systems effectively functioning. Only two committee on a monthly basis meeting were organized for the and keep minutes of meetings. past 12 months. May-22 Working Time Leave Contract for foreign workers states Provide 15 days of annual leave Factory has updated the 1 that they are entitled to less than to foreign workers. contract for the foreign and fifteen days of annual leave. submitted it to headquarters for approval. May-22 Working Time Overtime Foreign workers Contract do not Include the effective time of Factory has updated the 1 however specify the amount of overtime performed in the contract for the foreign and overtime required. payroll. submitted it to headquarters for approval. May-22 Working Time Regular Hours Factory's working hours for all Post the working hours in Management fixed the issue 1 shifts, including break time is not building 7. during the assessment visit. posted in building 7. May-22 Occupational Safety Emergency Preparedness Two emergency exits in the Keep evacuation route Management unlocked the 1 and Health washing section of building 2 were unobstructed. Ensure the exits exits during the assessment locked while workers were working remain accessible during the visit. overtime. Furthermore, the aisles working hours was obstructed in the sewing warehouse room of building 7. [page 225] 224 May-22 Occupational Safety Emergency Preparedness The evacuation maps in building 7 Update the evacuation map to Management fixed the issue 14 and Health and washing 1 were outdated. reflect the floor layout. Ensure during the assessment visit. Furthermore the meeting point in that the meeting point is one building is inaccessible. accessible. May-22 Occupational Safety Emergency Preparedness One fire extinguisher was Ensure that fire extinguisher Management fixed the issue 14 and Health obstructed in the sewing remained accessible during the during the assessment visit. warehouse of building 7. working hours. May-22 Occupational Safety Health Services and First Insufficient medical staff. Hire two additional nurses. 14 and Health Aid May-22 Occupational Safety Welfare Facilities The factory did not provide any Provide appropriate space where 1 and Health facility for workers to change their workers can change their clothes clothes after work. after work. May-22 Occupational Safety Working Environment One side of the floor of the Post warning sign in the area Management removed 1 and Health washing building was slippery due and take appropriate measures workers from the area until to water spillage from a pipe and to fix the pipe. the problem get solved. no danger signs was displayed. May-22 Occupational Safety Working Environment Noise level exceeded 90 dB in Ensure that the noise level is 1 and Health several sections. under 90 dB in all sections. May-22 Occupational Safety Worker Protection No safety belts were provided in a Provide safety belt to workers. Safety belts are available for 1 and Health timely manner to workers in the the workers. packing area and warehouse for lifting heavy loads. May-22 Occupational Safety Worker Protection One uncovered electrical box in Ensure that electrical equipment : Management fixed the issue 1 and Health the back of the washing section of are properly maintained. during the assessment visit. building number 2. May-22 Occupational Safety Worker Protection The employer has not provided Provide appropriate protective Management corrected these 1 and Health proper PPE to all workers. equipment to workers. issues during the assessment visit. May-22 Occupational Safety Chemicals and Hazardous The spot cleaning area does not Ensure the spot cleaning have Management fixed the issue 1 and Health Substances have the proper conditions to proper condition to prevent during the assessment visit. prevent unnecessary exposure of unnecessary exposure of workers workers to chemicals. to chemicals. [page 226] 225 May-22 Occupational Safety Chemnicals and Hazardous Several hazardous chemicals were Ensure that the chemical date 35 and Health Substances found without chemical safety sheets are available for all the data sheets. chemicals used in the workplace. May-22 Occupational Safety Chemnicals and Hazardous Chemicals and hazardous Label all hazardous and 35 and Health Substances substances were not properly chemicals substances used in labelled in the workplace. the workplace. May-22 Occupational Safety Chemnicals and Hazardous The chemical inventory was not Keep the inventory updated and 24 and Health Substances accurate and did not include the include all the chemicals used. name of all chemicals used in the workplace. May-22 Occupational Safety OSH Management The factory did not submit work Submit the accident reports on a 1 and Health Systems related accident report to monthly basis to OFATMA. OFATMA on a monthly basis. May-22 Contracts and Human Employment Contracts Contract for foreign workers do not Specify working conditions in the Factory has updated the 1 Resources specify the working hours and contracts. foreign workers’ contract and provides less than 15 days annual submitted it to headquarters leave. for approval. May-22 Compensation Social Security and Other The workers’ and employers' Include the lunch break payment 14 Benefits contribution to OFATMA are in the worker's monthly earnings. inaccurate because the calculation does not include the lunch break payment. May-22 Compensation Social Security and Other The workers’ and employers' Include the lunch break payment 14 Benefits contribution to ONA are inaccurate _ in the worker's monthly earnings. because the calculation does not include the lunch break payment. May-22 Compensation Social Security and Other The maternity leave and sick leave Include the lunch break payment 14 Benefits payment register and payroll in the worker's monthly earnings. records do not include the lunch break payment. As a result, workers payslips sent to OFATMA are inaccurate. May-22 Compensation Social Security and Other The annual salary supplement or Include the lunch break in the 14. Benefits bonus does not include the lunch calculation of the annual leave. break payment. [page 227] 226 May-22 Compensation Paid Leave Annual leave, sick leave and Include the lunch break payment 14 maternity leave is not accurate in the calculation of the annual, correctly because the payment of sick and maternity leaves. the lunch break is not included in the calculation. May-22 Compensation Paid Leave Lunch break is not compensated Pay the lunch break. 14 in the payroll. May-22 Compensation Paid Leave The maternity leave and sick leave Include the lunch break payment 14 payment register and payroll in the worker's monthly earnings. records do not include the lunch break payment. As a result, workers payslips sent to OFATMA are inaccurate. May-22 Compensation Paid Leave The sick leave is paid on a Pay full sick leave payment after 1 prorated basis, depending on their one year of service. term of service while the labor code stated that workers employed for more than one year are entitled ta full nav May-22 Compensation Paid Leave The annual leave payment does Include the lunch break payment 17 not include the lunch break in the calculation of the annual payment. leave. May-22 Compensation Overtime Wages Employer did not show evidence Indicate in the payroll the Factory has updated the 1 that foreign workers were paid overtime payment. contract of the foreign properly for overtime hours workers and submitted it to worked. headquarters for approval. May-22 Forced Labour Coercion The foreign workers did not receive Share a written contract with the Factory has updated the 1 a copy of the contract prior to foreigners workers when before contract of the foreign their arrival in Haiti. Furthermore, they travel in Haiti to fulfil their workers and submitted it to the airline tickets to their home contract. Remove the clause headquarters for approval. country is at their own charge if that states the foreign workers they failed to complete one year of must reimburse the ticket upon employment. arrival and the return is at their own charge if they failed to complete terms of the contract. May-22 Forced Labour Coercion Foreign workers are prohibited Remove the prohibition for Foreign workers can leave 1 from leaving the park even on foreign workers to leave the the park after the working weekends and holidays. industrial park on their free time. hours. [page 228] 227 Assessment March 2021 Mar-21 Occupational Safety OSH Management The factory does not have an Update the protocol and include The company reviewed and 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 and Health accurate. reflect the floor layout. been printed and displayed. Mar-21 Occupational Safety Emergency Preparedness Several fire extinguishers were Provide adequate firefighting All fire extinguishers have 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 A smoke detector was not Install smoke detectors where The smoke detectors have and Health installed in a stock room where flammable material are stored. been installed in all storage flammable material such as areas. cardboard boxes were stored. Mar-21 Occupational Safety Health Services and First Insufficient medical staff. Hire additional medical staffs. The factory has hired 3 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 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 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 Hazardous The employer did not keep Prepare and post MSDS where The MSDS have been and Health Substances chemical safety data sheets for all chemicals are used. translated and posted. hazardous chemicals used in the workplace. Mar-21 Occupational Safety Chernicals and Hazardous Chemicals and hazardous Ensure that all hazardous and The factory has developed a and Health Substances substances were not properly chemicals substances used in procedure for chemicals labelled in the workplace. the workplace are properly management and AI labelled. chemicals are properly labelled. [page 229] 228 Mar-21 Occupational Safety Chemicals and Hazardous The inventory of hazardous Assign a person responsible for The Supervisors of the and Health 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 various locations where they are of hazardous substances. stored or used. Mar-21 Contract and Human Dialogue, Discipline and Workers interview revealed that Provide additional training to Trainings have been Resources Disputes one manager was addressing the supervisors and managers. Then conducted for local and workers with abusive and Conduct regular self-assessment foreign workers. Investigation improper 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 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. Mar-21 Contract and Human Termination The calculation for unused paid Include payment of the lunch The Company is still in Resources annual leave upon termination break in the calculation for consultation with MAST and does 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 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 Ensure that workers’ annual The Company is still in Benefits salary supplement or bonus does salary supplement or bonus consultation with MAST and not include the lunch break include the lunch break ADIH for more guidance. payment. payment. Mar-21 Compensation Social Security and Other The calculation of workers’ Include the lunch break payment The Company is still in 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 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. [page 230] 229 Mar-21 Compensation Social Security and Other The calculation of workers’ Include the lunch break payment The Company is still in 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 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 compensated in the payroll. consultation with MAST and ADIH for more guidance. Mar-21 Compensation Paid Leave The calculation for the annual Pay the lunch break and Include The Company is still in leave payment does not include the payment of lunch break in consultation with MAST and the lunch break payment. the annual leave payment. ADIH for more guidance. [page 231] 230 BETTER WORK HAITI - 24TH 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 31-May-22 Training Virtual Financial Literacy. 13-May-22 Virtual bipartite Committee Meeting on self-assessment and action plan. meeting 4-May-22 Training Virtual Bipartite Committee training. 3-May-22 Training Virtual Bipartite Committee training. 28-Apr-22 Training Virtual OSH Event. 18-Mar-22 Training Virtual Sexual Harassment Awareness and Prevention for Middle management. 11-Mar-22 Training Virtual Sexual Harassment Awareness and Prevention for supervisors. 10-Mar-22 Training Virtual Sexual Harassment Awareness and Prevention for Workers. 2-Mar-22 Virtual advisory meeting Meeting with the OSH committee to validate pending issues in Better Work's portal and discuss about the training needs. Virtual OSH tour: emergency preparedness, chemical management and Interview with workers’ representatives. 28-Jan-22 Advisory meeting Virtual meeting with the compliance team to review the Improvement plan. Coaching session on OSH objectives and Target. Follow up on sick leave payments. 24-Nov-21 Virtual advisory meeting 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 Virtual advisory meeting 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. 7-May-21 Training Workplace Cooperation & Communication. 6-May-21 Training Virtual Sexual Harassment Awareness and Prevention. 5-May-21 Training Virtual Industry Seminar on ILO Conventions 87 and 110. 5-May-21 Training Virtual training Covid-19 Emergency Preparedness. ASSESSMENT COMPLIANCE CLUSTER COMPLIANCE POINT DETAILS OF NON COMPLIANCE IMPROVEMENT PRIORITIES REMEDIATION EFFORTS MONTHS Assessment October 2020 [page 232] 231 Sep-21 Working Time Regular Hours The employer does not keep Ensure that working time records 38 working time records that reflect is accurate. the hours actually worked. Sep-21 Working Time Regular Hours One worker was not automatically Develop a procedure for the HR 38 granted breastfeeding brakes after staff when worker return from her return from maternity leave. maternity leave. Sep-21 Working Time Regular Hours The regular working hours are from Revise the internal regulations 8 7 AM to 4 PM (including a 1 hour and make sure that the regular daily break), 6 days per week, which hours do not exceed 48 hours is equivalent to 9 working hours per per week. day and 54 hours per week. Sep-21 Occupational Safety and Emergency Preparedness The total number of workers include the training in fire More than 10 percent of 8 Health trained in fire-fighting is less than fighting in the training plan. the workforce has been 10 percent of the workforce. Ensure that at least 10 percent of trained. the workforce is trained. The factory has an internal training plan and a training Monitoring Sep-21 Occupational Safety and Emergency Preparedness The last fire drill was conducted on Conduct at least one emergency The Factory has planned 8 Health June 22nd 2021, and the one drill every 6 months including full 3 Fire Drill per year and before that on 30th August 2020. evacuation of the workforce. conducted 2 fire drills for Insert the drills in the OSH this year. annual training plan. Sep-21 Occupational Safety and Emergency Preparedness The aisles were obstructed in both Provide additional training for 8 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 of Paint evacuation arrows and 53 Health the factory are not clearly marked. yellow lines on the floor to show the exit pathway. Sep-21 Occupational Safety and Emergency Preparedness The fabric warehouse does not Install adequate fire-fighting Management has 53 Health have adequate fire-fighting equipment in this area. installed adequate fire- equipment. fighting equipment in this area and trained workers on electrical hazards. [page 233] 232 Sep-21 Occupational Safety and Emergency Preparedness The fabric storage does not have a Install a smoke detector in this Management has 8 Health fire detection and alarm systems. area. installed some smoke Provide additional training on detectors in this area and electrical hazards. trained the workers on electrical hazards. Sep-21 Occupational Safety and Health Services and First The total number of workers include First Aid training in the More than 10 percent of 8 Health Aid trained in first aid is less than 10 training plan. the workforce has been percent of the workforce. Ensure that at least 10 percent of trained. the workforce is trained in first The factory has an aid. internal training plan and a training Monitoring evetem in nlare Sep-21 Occupational Safety and Health Services and First The factory is in compliance with Hire additional medical staff to 76 Health Aid the labour code regarding the have at least 7 nurses for the doctor services. However, the current workforce. number of nurses is insufficient. Sep-21 Occupational Safety and Health Services and First Annual medical checks for workers Discuss the legal requirements The compliance team 8 Health Aid are not in line with legal With the General Manager. have discussed about the requirements. Pay the health card. legal requirements with the general manager. The factory has paid the CDS. Sep-21 Occupational Safety and Health Services and First Health checks for workers who are Discuss the legal requirements The Factory has paid the 8 Health Aid exposed to work-related hazards With the General Manager. health card. Management are not in line with legal Develop a health check plan for has a plan for workers requirements. workers who are exposed to work- that are exposed to work- related hazards. related hazards to receive the health checks every six months. Sep-21 Occupational Safety and Health Services and First The factory did not paid the CDS. Discuss the legal requirements The factory has paid the 8 Health Aid As a result OFATMA did not With the General Manager. Pay CDS and has sent a provide any medical checks for the health card. request to OFATMA to workers upon hiring and workers provide the medical did not receive the health card. checks. Sep-21 Occupational Safety and Welfare Facilities Insufficient number of toilets. Discuss the legal requirements 85 Health With 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. [page 234] 233 Sep-21 Occupational Safety and Working Environment Lux level is insufficient in sewing, Increase the light level to reach 85 Health packing and cutting section. 300 lux in Pressing section, 500 lux in Sewing, cutting, packing. 750 lux in trimming, Inspection section. Add this aspect in the daily and weelhy rharle Sep-21 Occupational Safety and Working Environment Workplace temperature exceed 30 Increase the ventilation with 69 Health Cin 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 Provide employees with all 35 Health provided to workers doing heavy necessary personal protective lifting work. clothing and equipment accordine to PPE reeulation. Sep-21 Compensation Paid Leave The annual salary supplement or Discuss legal requirements with 8 bonus does not include the lunch the General Manager. Pay the break payment. lunch break and include it in the annual salary supplement. Sep-21 Compensation Social Security and Other Workers' contributions to OFATMA Discuss legal requirements with 69 Benefits is late and does not include the the General Manager. Include the lunch break payment. lunch break in worker's contribution to OFATMA. Ensure that payments are done within the first 10 business days of the navt manth fnr tha nraviniie Sep-21 Compensation Social Security and Other … Employer's contributions to include the lunch break in the 69 Benefits OFATMA for maternity and health employer contribution to insurance is late. OFATMA. Ensure payment are done within the first 10 business days of the next month for the previous month. Sep-21 Compensation Social Security and Other Employer's contribution to Include the lunch break in the The factory made a first 8 Benefits OFATMA for work-related accident contribution sent to OFATMA. payment for the fiscal insurance is late. Pay 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 69 Benefits forward workers’ contributions to worker contribution to ONA ONA on time and the lunch break within the first 10 business days is not compensated. of the next month for the previous month. [page 235] 234 Sep-21 Compensation Social Security and Other The employer contribution to ONA Pay the lunch break and Forward 69 Benefits is late and does not include the employer contribution to ONA lunch break payment. within the first 10 business days of the next month for the previous month. Sep-21 Contracts and Human Paid Leave The factory did not pay annual Pay the lunch break and include 8 Resources leave, Sick leave, maternity leave it in the calculation of sick leave, and the daily break correctly as the maternity leave and annual lunch break is not compensated. leave. Sep-21 Contracts and Human Paid Leave The lunch breaks is not Pay the lunch break. 8 Resources compensated in the payroll. Sep-21 Contracts and Human Paid Leave The eligible workers are receiving 12 Pay the lunch break and include 8 Resources week of maternity leave payment it in the declaration sent to from OFATMA. However, the OFATMA. calculation does not include the lunch break navment Sep-21 Contracts and Human Paid Leave The factory has not paid some Have a system to monitor the All workers have received 8 Resources workers their sick leave because requests for sick leave. Pay the the sick leave payment. management lost workers’ sick lunch break and include it in the leave certificate. calculation of sick leave. Sep-21 Contracts and Human Paid Leave The annual leave payment is not Pay the lunch break and include 8 Resources calculated on worker's daily it in the calculation of average average daily earnings, when paying the earnines. annual leave Sep-21 Compensation Minimum Wages/Piece Workers are not getting the Review and update the internal 8 Rate Wages minimum wage for the days when regulations. Based on factory internal they get sent home early for not regulations approved by making good progress on the MAST, workers received production. the minimum wage. Assessment October 2020 /August 2019 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 training during induction, of COVID-19. refresher 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 Health Systems persons who have a body who present a temperature of temperature above 38 C. 38C and above. [page 236] 235 Oct-20 Occupational Safety and OSH Management Factory does not have appropriate Elaborate checklist to better Health Systems checklist to monitor the cleaning monitor the cleaning and and disinfection procedures. disinfection procedures in place. Aug-19 Compensation Overtime Wages Overtime worked after 4 pm Ensure that management is clear Management posts and without prior approval is not and transparent with respect to actively enforce overtime compensated. the conditions of overtime hours hours allowed. and post voluntary overtime hours on the floor. Aug-19 Compensation Wage Information, Use Overtime hours worked without Record and Compensate all Overtime are paid and Deduction prior authorization are not recorded overtime hours worked at a according to labor code. and compensated properly. 50% premium. Aug-19 Compensation Social Security and Other Improper calculation of employer's Calculate employers' Payment plan agreement Benefits contribution to ONA. contribution to ONA on workers’ reached with ONA. average daily salary and ensure timely payment. Aug-19 Compensation Social Security and Other Improper calculation of workers’ Pay workers’ portion of ONA Payment plan agreement Benefits contribution to ONA. contributions on the average reached with ONA. daily salary and ensure timely payment. Aug-19 Compensation Social Security and Other Inaccurate salaries reported to Report accurate salaries and Payment plan agreement Benefits OFATMA and late payments. respect payment deadlines with reached with OFATMA. OFATMA. Aug-19 Compensation Social Security and Other Inaccurate payment of worker's Ensure correct amount of Payment plan agreement Benefits deduction sent to OFATMA. average daily salary deductions reached with OFATMA. ultimately get transferred to OFATMA for payment. Investigate discrepancy to prevent future recurrences. Aug-19 Occupational Health & Worker Protection Sub-contracted workers using Ensure that all appropriate Factory purchased PPE Safety mechanical equipment without personal protective equipment and distributed to all proper personal protective is available prior to the workers. equipment. performance of a given task by subh-contracted workers Aug-19 Contract and Human Dialogue, Discipline and Alleged verbal abuse by general Provide training to general Management removed Resources Disputes supervisor. supervisor. general supervisor from Monitor behavior for possible the communication written warning on future team. Aug-19 Occupational Health & Chemicals and Hazardous Chemical containers are not Label all containers used in the Containers were labelled Safety Substances labelled. workplace. and a monitoring systems is ensured by compliance team. [page 237] 236 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 chemicals in use. immediate actions to workshop. post the missing MSDS. Aug-19 Occupational Health & Chemicals and Hazardous No evidence of actions taken by Take proper measures to isolate Safety Substances management to control and use of blow out as to minimize oversee workers’ exposure to exposure of surrounding workers. chemicals. 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 Ensure chairs with adequate Factory removed chairs Safety without backrests. back rests are used as without backrest. appropriate for the operation Factory provided chairs being performed. with proper backrest to all workers. Aug-19 Occupational Health & Working Environment Temperature over BW Use electrical exhaust fans or Factory purchased Safety recommended 30 C. cooling system. additional fans to reduce Monitor workplace temperature temperature. on a regular basis. Aug-19 Occupational Health & Working Environment Noise levels are unacceptable in Provide ear muffs to workers in Ear muffs were provided. Safety the workplace. that section if noise cannot be controlled below 90DB. Perform random noise level meacurements Aug-19 Occupational Health & Working Environment The level of lighting in the Consider the replacement of Safety workplace 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 number of toilets. Increase the number of toilets Safety for both, men and women. Aug-19 Occupational Health & Welfare Facilities The eating area can only Explore measures to provide Safety accommodate about 25 percent of enough space for all the the workers. workers. Aug-19 Occupational Health & Health Services and First Insufficient number medical Increase the number of medical Safety Aid personnel. staff as required by the labour code. [page 238] 237 Aug-19 Occupational Health & Health Services and First Latex gloves found expired in first Perform weekly monitoring of Boxes are monitored Safety Aid aid boxes. first aid boxes. Remove and consistently by replace all expired products. compliance teams at least 3 times a week. Aug-19 Occupational Health & Emergency Preparedness Obstructed fire alarm. Perform random OSH tour to No obstruction of fire Safety ensure no obstruction of fire alarm during recent fighting 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 during escape routes are not recent visits. obstructed. Aug-19 Occupational Health & Emergency Preparedness Assessors noticed rechargeable Ensure that electrical appliances Ensured by factory Safety electric lamps wrapped with fabric are not wrapped with through compliance team strap. flammable materials. monitoring. Aug-19 Working Time Regular Hours Breastfeeding break are not Allow the breastfeeding women Breaks are given and provided to women during regular to take their break during regular enforced by factory. work hours. working hours. Aug-19 Working Time Leave Insufficient annual leave given to Ensure that workers enjoy 15 Factory gives 15 days of workers. days of annual leave as required. annual leave to all workers. Aug-19 Compensation Overtime Wages Inaccurate attendance records. Ensure that workers are Workers' time is accurately clocking in their time accurately recorded with worked. Post maximum new attendance tracking allowed overtime by system. management [page 239] 238 BETTER WORK HAITI - 24TH SYNTHESIS REPORT Factory: Valdor Apparel Mfg S.A. d 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 07-May-21 Training Workplace Cooperation & Communication 06-May-21 Training Virtual Sexual Harassment Awareness and Prevention ASSESSMENT COMPLIANCE CLUSTER COMPLIANCE POINT DETAILS OF NON COMPLIANCE IMPROVEMENT PRIORITIES REMEDIATION EFFORTS MONTHS Assessment April 2021 [page 240] 239 Apr-21 Occupational Safety and Emergency Preparedness Obstructed aisles in the packing, Ensure that routes are not The factory rectified the problem 37 Health sewing and cutting area. In addition, obstructed and keep all the of blocked aisles and keeps the an emergency exit door was locked. exit doors open during working emergency exit door open. hours. Apr-21 Occupational Safety and Emergency Preparedness One fire extinguisher was missing in Provide adequate firefighting Now all the fire extinguishers are 37 Health the packing section. equipment and ensure regular in place maintenance is done Apr-21 Occupational Safety and Health Services and First Three first aids boxes were missing Equip all first aid boxes All the first aid boxes are fixed 37 Health Aid supplies. properly. 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 14 Health capacity to accommodate all workers area and respect the 1.5 meter and the social distance is not of distance. resnected Apr-21 Occupational Safety and Welfare Facilities Some of the water test results Request information from the The factory conducted a water 14 Health revealed the presence of presence of supplier on specifications and test attesting that the water is bacteria. provide clean water to workers. safe. Apr-21 Occupational Safety and Welfare Facilities Insufficient number of Toilets. Increase the number of toilets. 14 Health Apr-21 Occupational Safety and Working Environment Light levels were inappropriate in all Ensure the lighting is adequate 14 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 43 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 14 Health the floor and the eating area. distance is respected on the production floor and in the eatine area Apr-21 Occupational Safety and Worker Protection Battery terminal was missing the Install insulation cover and Cover has been installed on the 14 Health insulating cover in the generator Train workers on electrical battery terminals. room. hazards. Apr-21 Occupational Safety and Chemicals and Eye wash station in the chemical Ensure the eye wash station in 14 Health Hazardous Substances warehouse was not working. the chemical warehouse is working properly. [page 241] 2A0 Apr-21 Occupational Safety and Chemicals and Chemical and hazardous substances Label all chemicals and The factory has labelled all 43 Health Hazardous Substances are not properly labelled. hazardous substances used in chemicals container. the workplace. Apr-21 Occupational Safety and Chemicals and Inventory of chemicals and Update inventory of chemicals The factory updates its inventory 43 Health Hazardous Substances hazardous substances is not updated. and hazardous substances in of chemicals and hazardous the workplace. 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 are 14 Resources work rules approved by the Ministry to the Ministry for proper updated and already sent to of Labor. authorization. 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 14 Health Benefits in the calculation of annual salary include the payment in the supplement or bonus. annual salary supplement or bonus calculation. Apr-21 Compensation Social Security and Other The factory inaccurately collects Ensure that 3 percent of 43 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 43 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 43 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 43 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 hace calarv Apr-21 Paid Leave Payment of annual leave, sick leave Pay annual leave, sick leave 14 and maternity leave are not and maternity leave on daily calculated on the daily average average earnings and include earnings and the lunch break the lunch 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 14 in the payroll. accurately paid to all workers. [page 242] 241 Apr-21 Compensation Paid Leave Inaccurate payment for maternity Ensure that workers received 14 leave. the correct amount of maternity leave payments. Apr-21 Compensation Paid Leave Inaccurate Sick leave payments. Ensure that workers are 22 Accurately compensate workers for sick leaves. Apr-21 Compensation Paid Leave Inaccurate annual leave payments Calculate the annual leave on 14 worker's daily average earnings Apr-21 Child Labour Documentation and One employment file was missing the Confirm government issued All Employees personal files are 14 Protection of Young Government issued IDs indicating the identification at the beginning updated and monthly random Workers worker was above the minimum age of the recruitment process. check has started. requirement. Assessment October 2020- November 2019 Oct-20 Occupational Safety and OSH Management Factory have a system in place to Develop and keep checklistto Allthe chemical products are Health Systems clean and disinfect the workplace. monitor the cleaning and stored separately, labelled, However, it does not have an disinfection of the factory. identified & added in the appropriate checklist to monitor the checklist to monitor the system. system Oct-20 Occupational Safety and OSH Management Factory has COVID-19 with most of Elaborate Handling procedure Health Systems 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 Check all workers’ and visitors’ body Share registry with BWH Everyday we are fallowing the Health Systems temperature Upon entry but does not advisor COVID-19 SOP here each & keep a registry for all persons who every employees & Visitors are present a temperature of 38C and scanned for temperature in prior above to entry facility & then after all the employees are re-scanned for temperature in the sewing floor & records are maintained till date. [page 243] 242 Nov-19 Compensation Paid Leave Factory prorates sick leave payment Identify workers and provide Sick leave payment for the to worker with over one year of full payment by end of Q3 employees who where not service. received the full payments is now paid & completed with their received signature, they were 37 employees who were in the pending list -document proof is available in the facility. Nov-19 Occupational Safety and Emergency Preparedness During the factory tour, assessors Need to give education to Now factory is replaced all the Health notice that, the steam lever in an iron employees hosepipes which are damaged being used in the pressing section, and now regular maintenance is was wrapped with a piece of fabric. In maintained ,. addition, the factory didn't take any Proper education is given to the steps to control the source of ignition all the employees who are during the assessment period. working with ironing. Nov-19 Occupational Safety and Emergency Preparedness During the assessment visit, 1. Ensure emergency exit doors Now all the Exit doors are Health assessors observed that one remain opened during working opened and securities are in emergency exit # 5 was closed during hours place full time & educated about working hours. importance of the door open. Nov-19 Occupational Safety and Emergency Preparedness Improper maintenance of fire 1. Conduct daily and or Weekly 1. Now factory is having the extra Health extinguishers. monitoring ensuring proper spare extinguishers ( Immediate pressurization & clearance from replacement when it is under obstruction. recharged or over charged ) and educated the section in-charges not to obstruct the Fire Extinguishers & its importance during emergency. 2. Asst. Compliance & OSH committee members are daily monitored. Nov-19 Occupational Safety and Health Services and First First aid boxes found with missing 1. Ensure that all first aid boxes All the First Aid materials are Health Aid products. include all necessary products; their in the place and every including but not limited to: alternate days Nurses are Scissors Alcohol; Gauze pad monitored and refill the missing Antibiotic medical items and report maintained weekly once. [page 244] 243 Nov-19 Occupational Safety and Health Services and First Insufficient number of medical Comply with the Haitian Labor Health Aid personnel. Code, ensure that a factory of this size 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 The factory does not provide free 1. Pay for OFATMA medical 1. Payments are paid regularly. Health Aid annual health checks to workers. The cards 2. For General Health Check-up employer did not pay OFATMA for 2. Ensure follow up with for all the employees We have the medical cards. OFATMA to carry out medical send requested letter to checks OFATMA, their is no response from OFATMA. Nov-19 Occupational Safety and Health Services and First The factory does not provide free 1. Pay for OFATMA medical 1. Payment is done regularly Health Aid health checks to workers within the cards 2. sent a request letter to first three months of hiring. 2. Ensure follow up with OFATMA for to conduct a OFATMA to deliver medical General Health Check-up to all exams Within 90 days of hiring the employees Nov-19 Occupational Safety and Welfare Facilities The factory did provide soap in the 1. Perform daily and weekly 1. OSH committee is active and Health men's toilet. monitoring by the OSH now all the toilet iterns are in committee place. 2. Report each instances of NC 2. One of the OSH committee to Compliance officer member is a House Keeping 3. Follow up with adequate Supervisor , so immediately Soap supply as necessary when the soaps & liquid getting over immediately it is placed & now no issues. 3. Always factory is having the extra stock to avoid lack of house keeping materials. Nov-19 Occupational Safety and Welfare Facilities Insufficient number of toilets. Have 11 functioning toilets for Health men and 51 functioning toilets for women Nov-19 Occupational Safety and Working Environment Lighting level is inacceptable. Increase light levels. Health Nov-19 Occupational Safety and Working Environment Temperature exceeds the Monitor the temperature level Health recommended 30C. and maintain it under 30 C inside the workplace. [page 245] 244 Nov-19 Occupational Safety and Chemicals and No material safety data sheet were Ensure material safety data Yes, MSDS is available for All Health Hazardous Substances available for chemicals products used sheet are available for the chemicals products which in the workplace. chemicals products such as WD- are used inside the factory. 40, general purpose grease, Spray paint, laundry detergent, Oil and Mist spray 2000. Nov-19 Occupational Safety and Chemicals and Unlabelled containers of chemical 1. Conduct daily and or weekly 1. Daily Monitoring is started ( Health Hazardous Substances products found in the workplace. monitoring Monitored by Asst. compliance) 2. Train personnel on And removed unnecessary importance of using properly chemical containers. labelled containers 2. Educated the workers who 3. Provide standard labelled handles the chemicals and containers for usage advised without label / MSDS & NFPA the chemical should not be used. 3. Provided standard labelled containers. Nov-19 Occupational Safety and Chemicals and The inventory of chemicals and 1. Monitor list of chemicals 1. Informed to the purchase Health Hazardous Substances hazardous substances used in the purchased by the factory department that should be workplace is inaccurate.. 2. Update list as necessary to informed any chemical products include all chemicals purchased should be prior to bring the knowledge of Compliance Dept. 2. Updated with the inventory log. 3. MSDS & NFPA is displayed and educated the authorized 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 May dismissal as required under Article 42 2. Update internal policy and 2020. of the labor code, although the procedure on terminations to 2.Internal Policy will be updated employee was fired for serious include proper notification of with termination including misconduct. Management said that labor ministry as appropriate proper notification of the labor they did not know about this Ministry. and revised updated requirement but promise to follow copy will be sent to the Labor the proper procedure next time. Department. 3. since till now we have not seen any disciplinary dismissal, We have had some capacity related severance which we have [page 246] 245 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 health insurance should 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 Nov-19 Compensation Social Security and Other The factory collects and forwards 1- Discuss legal requirements no active steps taken remediate Benefits worker's contributions to ONA. with the General Manager 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 247] 246 Nov-19 Compensation Social Security and Other The factory calculates ONA 1- Discuss legal requirements Factory does not have concrete Benefits contributions based on the minimum with the General Manager plans to remediate this issue. wage instead of the base salary. As a 2- Submit ONA payments on 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. [page 248] 2A7 BETTER WORK HAITI - 24TH SYNTHESIS REPORT . Factory: The Willbes Haitian 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 10-Jun-22 Virtual Advisory meeting Meeting to discuss about: Documentation for 5 union workers who were fired. MSDS issues Workers protection materials. 06-May-22 Training Virtual Bipartite Training 20-Apr-22 Virtual advisory meeting Meeting with the compliance team for the implementation of a bipartite committee Review of the improvement plan: Annual leave, working environment, welfare facilities. Review of documentations Breast feeding breaks, compensation COVID-19 Policy 19-Apr-22 Virtual advisory meeting Meeting for the year. Improvement plan review and data actualization. 24-Nov-21 Virtual advisory meeting Meeting with management to discuss 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. COMPLIANCE DETAILS OF NON ASSESSMENT CLUSTER COMPLIANCE POINT COMPLIANCE IMPROVEMENT PRIORITIES REMEDIATION EFFORTS MONTHS Assessment October 2021 Oct-21 Working Time Regular Hours Factory's working hours are not Post working hours for all shift Facility has posted the working 8 posted 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 Emergency Preparedness Less than 10 percent of the Ensure that 10 percent of the The trainings are always 8 and Health workforce 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 visit. Oct-21 Occupational Safety Emergency Preparedness Obstructed emergency exits. Ensure all exits remain 8 and Health unobstructed. [page 249] 248 Oct-21 Occupational Safety Emergency Preparedness Inaccurate or missing evacuation Update post the evacuation Evacuation plan for the 30 and Health plan. plan for all buildings. mezzanine of building 43 is posted. Facility will ensure to post evacuation plan for the mezzanine of building 42. Oct-21 Occupational Safety Emergency Preparedness Missing fire extinguisher in the Install missing extinguishers and Facility will ensure to install 30 and Health cutting section and another one in the missing inspection tag. one fire extinguisher at cutting the packing section was missing Ensure that extinguisher are section and properly maintain the inspection tag. checked on a daily basis. all of them. Oct-21 Occupational Safety Health Services and First Less than 10 percent of the Ensure that 10 percent of the The trainings are always 8 and Health Aid workforce is trained in first-aid workforce is trained in first-aid conducted with the 10% of the training. 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 Health Services and First Insufficient medical staff. Have adequate number of ns and Health Aid nurses. Oct-21 Occupational Safety Welfare Facilities Factory has not conducted a Conduct a water test on a 8 and Health water test on a monthly basis. monthly basis to ensue that drinking water provided to worker is safe. Oct-21 Occupational Safety Welfare Facilities Insufficient number of toilet for Have adequate number of toilet 30 and Health women. for the workforce, as required by law. Oct-21 Occupational Safety Working Environment Level of lighting was insufficient in Increase light level in the sewing, 38 and Health several sections. pressing and cutting section. Oct-21 Occupational Safety Working Environment The noise levels was inadequate in Keep noise level below 90 db. 30 and Health the pressing section of building 43. Oct-21 Occupational Safety Working Environment Temperature exceeded 30C in all Keep the temperature level at 38 and Health working sections. 30OC or lower. Oct-21 Occupational Safety Worker Protection The factory did not check all Systematically check all workers Workers and visitors body 8 and Health workers and visitors body and visitors body temperature temperature will be check upon temperature upon entry in a upon entry and keep a registry entry in a systematic way. systematic way. The factory does for all persons who present a not keep a registry for all persons temperature of 38C and above. who present a temperature of 38C and above. [page 250] 249 Oct-21 Occupational Safety Worker Protection The social distance is not Ensure that 1.5 meter of social Facility will take the necessary 8 and Health respected on the floor in the distance is observed in the measures to respect workers" workplace. workplace. physical and social distance. Oct-21 Occupational Safety Worker Protection Unidentified electrical panels and identify all electrical panels and Electrical panels and breakers 108 and Health circuit breakers. circuit breakers. will be properly identified. Oct-21 Occupational Safety Worker Protection Several sewing machines were Install adequate guards on all Facility will ensure to have all 8 and Health missing eye guards and finger sewing machines. sewing machines with its guards. respective guards installed. Oct-21 Occupational Safety Worker Protection Several standing workers were not Provide foot rests or shock Facility will provide standing 8 and 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 Worker Protection The employer has not provided Provide adequate personal Facility will provide all workers 93 and Health proper PPE to all workers. protective equipment to with the correspondent PPE. workers. Oct-21 Occupational Safety Chemicals and Hazardous No eye wash station installed in Installs eye wash station the Facility has eye wash station 23 and Health Substances the mechanic workshop and mechanic workshop of building installed where chemicals are chemical warehouse. 36 and chemical warehouse. used. It is not necessary to install an eye wash station at the mechanic workshop. Oct-21 Occupational Safety Chemicals and Hazardous Several hazardous chemicals were Provide MSDS with complete Facility will ensure to have 30 and Health Substances found without chemical safety information where the chemical : MSDS available for all chemical data sheets. products are used and stored. substances. Oct-21 Occupational Safety Chemicals and Hazardous Unlabelled containers of Label all containers of chemical Cleaning guns in the spot 30 and Health Substances chemicals found in the workplace. products used in the factory. cleaning of building 37 and building 42 will be properly labelled. Oct-21 Occupational Safety Chemicals and Hazardous The inventory was not accurate Update the inventory of Facility will ensure to have all 8 and Health Substances and did not include all chemicals chemical accordingly. chemical substances include in used in the workplace. the inventory. Oct-21 Occupational Safety OSH Management The record of accident for the Submit the record of work Facility ensured to send to 8 and Health Systems month of October 2020 was related accident to OFATMA on OFATMA records work related unavailable. a monthly basis. accidents on a monthly basis. Oct-21 Contracts and Human Termination The annual salary supplement Pay the lunch break payment Corrective action is being 8 Resources upon termination does not include and include it in the calculation discussed with Korea office. the lunch break payment. of the average daily salary. [page 251] 250 Oct-21 Contracts and Human Termination The payment for annual leave Pay the lunch break payment Corrective action is being 8 Resources upon termination. does not and include it in the calculation discussed with Korea office. include the lunch break payment. of the average daily salary. Oct-21 Contracts and Human Termination The payment for the applicable Pay the lunch break payment Corrective action is being 8 Resources notice period upon termination and include it in the calculation discussed with Korea office. does not include the lunch break of the average daily salary. payment. Oct-21 Contracts and Human Employment Contracts The internal work rules do not Update the internal rules to add Corrective action is being 8 Resources cover the break times, different the missing information. discussed with Korea office. categories of 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 a copy Human Resources manager 8 Resources understand the terms and of a copy of the written contract will ensure that Terns and condition of employment. and are informed of the internal condition of employment are work rules. properly explained to contract workers . Files will be properly Lant Oct-21 Compensation Social Security and Other The annual salary supplement or Pay the lunch break payment Corrective action is being 8 Benefits bonus does not include the lunch andinclude 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 23 Benefits OFATMA does not include the and include it in the calculation discussed with Korea office. lunch 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 23 Benefits OFATMA does not include the and include it in the calculation discussed with Korea office. lunch 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 23 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 23 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 Pay the lunch break payment Corrective action is being 8 payments do no include the lunch and include it in the calculation discussed with Korea office. break payment. of the average daily salary. [page 252] 251 Oct-21 Compensation Paid Leave Lunch breaks is not compensated Pay the lunch break payment Corrective action is being 8 in 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 Pay the lunch break payment Corrective action is being 8 include the lunch break payment. and include it in the calculation discussed with Korea office. of the average daily salary. Oct-21 Compensation Paid Leave Annual leave payment does not Pay the lunch break payment Corrective action is being 8 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 8 Discrimination leaders. terminated on unjustified ground Oct-21 Interference and The factory suspended for union Compensate the workers for the 8 Discrimination activities on October 1st, 2021. lost days and ensure to have Management claimed they did not clear and regular know those 2 workers were part of communication with union the union. committee in the factory. Assessment October 2020-July 2019 Oct-20 Occupational Safety OSH management The factory does not have an Develop an adequate COVID-19 Factory will review the protocol and Health adequate COVID-19 protocol that protocol with all the relevant accordingly. includes all the relevant elements. elements as per Better Work In 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 Benefits contribution to OFATMA for business days of the next maternity and health insurance maternity and health insurance. month for the previous month. is being paid within the first 10 business days. Jul-19 Compensation Social Security and Other Late payment of workers" Pay OFATMA within the first 10 Contribution to OFATMA Benefits contribution to OFATMA business days of the next maternity and health insurance maternity and health insurance. month 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 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 253] 252 Jul-19 Occupational Safety Chemicals and Hazardous Unlabelled containers of Label all containers of chemical Oil containers were properly and Health Substances chemicals 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 Chemicals and Hazardous Incomplete MSDS, missing Provide MSDS with complete Complete MSDS for Thinner, and Health Substances standard information on chemical information where the chemical alkal, K7M were already posted. for several products. products are used and stored. Jul-19 Occupational Safety Chemicals and Hazardous One non functional eye wash Fix non functional eye wash The eye wash station is already and Health Substances station. station in the chemical fixed. water pressure is ok. warehouse. Jul-19 Occupational Safety Worker Protection Management did not provide Provide protective equipment to All workers in all working and Health proper masks to spot cleaning workers Using chemicals and sections are provided with workers. hazardous substances. PPESs. Facility restrict the access to that area. Jul-19 Occupational Safety Worker Protection Improper maintenance of Perform regular maintenance of and Health electrical equipment and all electrical equipment and installations. installations. Jul-19 Occupational Safety Working Environment Temperature exceeded 30C in all Keep the temperature level at and Health working sections. 30C or lower. Jul-19 Occupational Safety Working Environment Noise levels exceeded 90 db. Keep noise level below 90 db. and Health Jul-19 Occupational Safety Working Environment Level of lighting was insufficient in Increase light level in the sewing, and Health several sections. pressing and cutting section. Jul-19 Occupational Safety Welfare Facilities Insufficient number of toilets for Increase the number of toilets and Health women. for women. Jul-19 Occupational Safety Health Services and First Insufficient number of nurses. Add more nurses. and Health Aid Jul-19 Occupational Safety Health Services and First One first aid box obstructed by a Keep first aid boxes Facility ensured that all first aid and 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 254] 253 Jul-19 Occupational Safety Emergency Preparedness Access to three fire extinguishers Keep firefighting equipment Facility took immediate action. and Health was obstructed by boxes. unobstructed and readily all fire extinguishers are free of accessible. obstructions. Jul-19 Occupational Safety Emergency Preparedness The evacuation plan was not Mark the escape routes in the Evacuation plan for the and Health posted in the mezzanine. The mezzanine area. Post mezzanine building # 41 is escape routes in the mezzanine the evacuation plan in the already designed. It will be were not clearly 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 Emergency Preparedness A rechargeable lamp wrapped with Ensure that possible sources of Rechargeable lamp wrapped and Health a 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 Provide 15 days of annual leave 15 days of annual leave. to all workers after 1 year of service. [page 255] 254 BETTER WORK HAITI - 24TH SYNTHESIS REPORT Factory: The Willbes Haitian S.A (HT-2B) 0 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 9-Jun-22 Training Virtual Supervisory Skills (SST) 8-Jun-22 Training Virtual Supervisory Skills (SST) 7-Jun-22 Training Virtual Supervisory Skills (SST) 31-May-22 Training Virtual Financial literacy 24-May-22 Virtual Advisory meeting Meeting with management on improvement plan. Meeting with Bipartite committee on challenges faced by the workers. 19-Apr-22 Virtual Advisory meeting First meeting for 2022. Data actualization. Improvement plan review changes made for non compliances on worker protection and emergency preparedness upon evidences that have been sent. 18-Mar-22 Training Virtual Sexual Harassment Awareness and Prevention for Middle Management 24-Nov-21 Virtual advisory meeting Meeting with management was on the lunch break payment. The discussion was also on the improvement plan. Meeting with PICC on latest concerns regarding the dismissal of a worker. 2-Sep-21 Bipartite Committee Meeting Meeting with the committee on improvement plan. Meeting with PICC on a newinitiative to boost the productivity. 13-Aug-21 Training Virtual Preventing and Addressing Sexual Harassment and Abuse 18-Jun-21 Virtual advisory meeting Management meeting on improvement plan status. Meeting with the bipartite committee members on workers current concerns. DETAILS OF NON ASSESSMENT COMPLIANCE CLUSTER COMPLIANCE POINT COMPLIANCE IMPROVEMENT PRIORITIES REMEDIATION EFFORTS MONTHS Assessment September 2021 Sep-21 Working time Regular Hours Supervisors do not allow Provide two additional breaks of Facility will train all supervisors on 7 pregnant women to take their 30 minutes each to pregnant the policy and its application. additional break. women, as required by the labor code. Sep-21 Occupational Safety and Emergency Preparedness Less than 10 percent of the Provide fire fighting training to at This issue was reported by 7 Health workforce is trained on the least 10 percent of the workforce. mistake. Fire fighting trainings are use fire fighting equipment. always conducted with 10% of the workforce. [page 256] 255 Sep-21 Occupational Safety and Emergency Preparedness Improper maintenance of fire Develop a OSH assessment Facility will ensure that all fire 7 Health extinguishers. policy which includes the extinguishers are 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. Sep-21 Occupational Safety and Health Services and First Aid Insufficient number of Train at least 10 percent of the This issue was reported by 7 Health workers trained in first aid. workforce in first aid. mistake. First aid trainings are always conducted with 10% of the workforce Sep-21 Occupational Safety and Health Services and First Aid First aid boxes were not Assign a person who is Facility will establish a procedure 7 Health accessible in a timely manner responsible to open the first aid to have all first aid kits accessible for emergency treatment. boxes. Post the name and in a timely manner. Expired items picture of the person nexttothe will be replaced promptly. first aid boxes. Sep-21 Occupational Safety and Health Services and First Aid Insufficient number of Hire more nurses. To 41 Health licensed 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 doctor's visits per week. Sep-21 Welfare Facilities The factory does not have a Contract a certified laboratory to 7 water test conducted by a perform monthly water tests. certified laboratory on a monthly basis. Sep-21 Occupational Safety and Welfare Facilities Insufficient number of toilets Increase the number of toilets. 41 Health for the size of the workforce. With its current workforce, the factory should have 48 functioning toilets for women. Sep-21 Occupational Safety and Working Environment The light level is insufficient Increase the light level to comply 4 Health in all sections. with Better Work's recommended level. Sep-21 Occupational Safety and Working Environment Temperature level exceeds Increase the ventilation with 41 Health Better Work's recommended additional fans. Conduct regular level of 30C, in all sections. measurement of temperature & compare with threshold value [page 257] 256 Sep-21 Occupational Safety and Worker Protection The factory did not check all Check all workers and visitors All workers and visitors body 15 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. The factory presenting a temperature of 38 C does not keep a registry for 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 15 Health appropriate measures to to make sure that social measures to respect workers’ respect workers’ physical and distancing measures are physical and social distance. social distance respected. recommendations. Sep-21 Occupational Safety and Worker Protection Improper maintenance of Repair all damaged electrical Facility will remove damage 36 Health electrical wiring system. wires. Have the maintenance electrical cable, The electrical department perform regular panel will be properly covered and checks of electrical system. Label breakers will be properly labelled. all circuit breakers. Sep-21 Occupational Safety and Chemicals and Hazardous Eye wash stations are not Install functioning eye wash Facility will ensure that the eye 7 Health Substances functioning properly in all stations or eye wash bottles wash stations are installed and sections where chemicals and where chemicals and hazardous functioning during the working hazardous substances are substances are used and stored. : hours. used and stored. Sep-21 Occupational Safety and OSH Management Systems The employer records work Keep monthly records of work Facility will send work related 7 Health related accidents but does related accident and submit accident records to OFATMA on a not submit them to OFATMA them to OFATMA on a monthly monthly basis. on a monthly basis. basis. Sep-21 Contract and Human Termination The calculation for the Pay the Lunch break and include Corrective action is being 7 Resources annual salary supplement it in the calculation of the discussed with Korea office. upon termination does not average daily salary. include the lunch break payment. Sep-21 Contract and Human Termination The calculation for unused Pay the Lunch break and include Corrective action is being 7 Resources paid annual leave upon it in the calculation of the discussed with Korea office. termination does not include average daily salary. the lunch break payment. [page 258] 257 Sep-21 Contract and Human Termination The calculation for the Pay the Lunch break and include Corrective action is being 7 Resources payment of the applicable it in the calculation of the discussed with Korea office. notice period does not average daily salary. include the lunch break payment. Sep-21 Contract and Human Employment Contracts The internal work rules do not Update the internal work rules to Corrective action is being 7 Resources cover the break times, include the break time, workers’ discussed with Korea office. different categories of wages, date and time for wage workers and their wages, date payment. Have the internal work and time for wage payment. rules approved by MAST. Sep-21 Compensation Social Security and Other The calculation for the Pay the Lunch break and include Corrective action is being 7 Benefits payment of annual salary it in the calculation of the discussed with Korea office. supplement or bonus does average daily salary. not include the lunch break navment Sep-21 Compensation Social Security and Other The amount collected for Pay the Lunch break and include Corrective action is being 7 Benefits OFATMA maternity and it in the calculation of the discussed with Korea office. health does not include the average daily salary. lunch break payment. Sep-21 Compensation Social Security and Other The amount collected for Pay the Lunch break and include Corrective action is being 7 Benefits OFATMA maternity and it in the calculation of the discussed with Korea office. health does not include the average daily salary. lunch break payment. Sep-21 Compensation Social Security and Other The workers’ contributions to Pay the Lunch break and include Corrective action is being 7 Benerfits ONA does not include the it in the calculation of the discussed with Korea office. lunch break payment. average daily salary. Sep-21 Compensation Social Security and Other The employer contribution to Pay the Lunch break and include Corrective action is being 7 Benefits ONA does not include the it in the calculation of the discussed with Korea office. lunch break payment. average daily salary. Sep-21 Compensation Paid Leave The factory did not pay Pay the Lunch break and include Corrective action is being 7 annual leave, Sick leave and it in the calculation of the discussed with Korea office. the daily break correctly. average daily salary. Sep-21 Compensation Paid Leave The lunch break is not Pay the Lunch break and include Corrective action is being 7 compensated in the payroll. it in the calculation of the discussed with Korea office. average daily salary. [page 259] 258 Sep-21 Compensation Paid Leave Sick leave calculation does Pay the Lunch break and include Corrective action is being 7 not include the lunch break it in the calculation of the discussed with Korea office. payment. average daily salary. Sep-21 Compensation Païd Leave The payment of paid annual Pay the Lunch break and include Corrective action is being 7 leave does not include the it in the calculation of the discussed with Korea office. lunch break payment. average daily salary. Assessment October 2020- September 2019 Oct-20 Occupational Safety and Worker Protection Factory does not have Implement a checklist to record Health appropriate checklist to daily cleaning and disinfection monitor the cleaning and Keep record in appropriate disinfection process related location. to COVID 19. Oct-20 Occupational Safety and OSH Management Systems The factory does not have an Develop a protocol that include a Health appropriate COVID-19 task force, hygiene epidernic/pa ndemic protocol procedures, entry and exit related to COVID-19 in place. procedures and reporting Procedures. Sep-19 Working Time Leave Insufficient annual leave Ensure that workers enjoy the 15 Workers left factory December provided to workers. annual leave days. 20th 2019 and returned January 9th 2020. Sep-19 Occupational Safety and Emergency Preparedness Obstructed Escape routes. Reinforce monitoring Fabrics were removed and Health responsibilities with lines additional monitoring is being supervisors. done Sep-19 Occupational Safety and Emergency Preparedness Escape routes are not clearly Complete new lay out for the Escapes routes are clearly Health marked. floor and follow up with marked. The escape routes have adequate marking of factory been re-painted. floor. Sep-19 Occupational Safety and Emergency Preparedness Obstructed fire extinguishers. Reinforce monitoring Health responsibilities with line supervisors and OSH committee members Sep-19 Occupational Safety and Health Services and First Aid Insufficient medical Hire the required medical staff. Health personnel. Sep-19 Occupational Safety and Welfare Facilities Insufficient number of toilets Increase the number of working Health according to the Haitian toilets as per the Labor Code Labor Code. [page 260] 259 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 Provide adequate personal Measured noise level, it is below Health in the workplace. protective equipment (PPE) that 90 DB control the noise at the worker. Sep-19 Occupational Safety and Working Environment Workplace temperature Ensure that the air-flow to and Health exceed BW recommended from the fans is not blocked. limit of 30 C. Sep-19 Occupational Safety and Worker Protection Electrical panels were not Ensure that electrical panels are Combustible material was Health properly maintained. without combustible materials removed from the electrical and exposed wires. panel. Sep-19 Occupational Safety and Worker Protection The employer did not provide Provide standing mats to all Health foot rests or shock absorbing standing workers. mats to all 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 Hazardous Chemnicals and hazardous Label all containers and dispose Health Substances substances were not properly unused containers in a timely labelled in the workplace. manner. Sep-19 Contracts and Human Employment Contracts Temporary workers did not Issue temporary contracts with Factory policy has been modified Resources know their terms of fully disclosed terms of to be in compliance. Temporary employment. employment going forward to all: workers are aware of the terms of temporary workers. employment in their contract. Sep-19 Compensation Minimum Wages/Piece Rate Management keep a separate Integrate temporary workers into Temporary workers With time Wages payroll for temporary workers punch system. Then, ensure that cards are linked directly to the who are paid on a weekly recorded working hours flow into master payroll. basis. master payroll. [page 261] 260 BETTER WORK HAITI - 24TH SYNTHESIS REPORT Factory: The WILLBES Haitian III S.A 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 14-Jun-22 Virtual advisory meeting Meeting to discuss: - Worker Protection Employment contract/working hours - Breaks for pregnant women O06-May-22 Training Virtual Bipartite Training 31-Mar-22 Virtual advisory meeting Meeting with the compliance team for the implementation of a bipartite committee Review of the improvement plan: Annual leave, working environment, welfare facilities Review of documentations: Breast feeding brakes, compensation COVID-19 Policy 17-Mar-22 Virtual advisory meeting Advisory meeting to discuss about improvement plan, about changes that had been made on OSH. 24-Nov-21 Virtual 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. 20-Nov-21 Virtual 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 Virtual 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 21-May-21 Virtual 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. ASSESSMENT COMPLIANCE CLUSTER COMPLIANCE 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 12 for temporary workers. system for temporary workers to records for temporary workers. record accurate working time. [page 262] 261 Sep-21 Working time Regular Hours Pregnant workers are not allowed to Ensure that the pregnant Facility will ensure that all 12 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 First Insufficient number of medical staff. Have a number of nurse T8 Aid compatible with the workforce. Sep-21 Occupational Safety and Welfare Facilities Factory has not conducted a water Conduct the water test on a 12 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 127 Health women. toilets for women. Sep-21 Occupational Safety and Working Environment The level of lighting was insufficient in Ensure that light level are 60 Health several sections. appropriate in all sections. Sep-21 Occupational Safety and Working Environment The temperature level exceeded 30C Keep the temperature level at 34 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 12 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 à temperature of 38C and present a temperature of 38C 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 12 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 12 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 12 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 34 Health workers doing heavy lifting work. doing heavy lifting work. belt for workers doing heavy lifting work. [page 263] 262 Sep-21 Occupational Safety and Chemicals and No eye wash station has been Install an eye wash facility inthe Facility has eye wash station 12 Health Hazardous Substances installed in the mechanic workshop, mechanic shop, spot cleaning installed at the spot cleaning 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 60 Health Hazardous Substances found without chemical safety data their safety data sheets available available for all chemical sheets. where they are used and stored. substances. 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 53 Health Hazardous Substances of detergent that were not properly labelled. substances properly. 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 39 Health Hazardous Substances not accurate. inventory includes all chemicals : chemicals substances in the used in the workplace. chemical inventory. Sep-21 Contract & Human Termination The annual salary supplement upon Include the lunch break Corrective action is being 12 Resource termination does not include the lunch payment in the calculation of discussed with Korea office. 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 12 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 12 Resource does not include the lunch break calculation of the notice period discussed with Korea office. payment. payment. Sep-21 Contract & Human Employment Contracts The internal work rules do not cover Specify terms and conditions for Corrective action is being 12 Resource 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 Contracts The written employment contracts do Specify the hours of work and Facility will specify hours of 12 Resource not specify the hours of work and the 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 Other The annual salary supplement or Include the lunch break Corrective action is being 12 Benefits bonus does not include the lunch payment in the calculation of discussed with Korea office. break payment. the annual salary supplement or bonus. [page 264] 263 Sep-21 Compensation Social Security and Other The amount collected as workers’ Pay OFATMA contribution on Corrective action is being 12 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 Other The employer contribution to Pay OFATMA contribution on Corrective action is being 12 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. Sep-21 Compensation Social Security and Other The amount collected as workers’ Pay ONA contribution on time Corrective action is being 12 Benefits contributions to ONA does not include and include the lunch break discussed with Korea office. the lunch break payment. payment in the calculation. Sep-21 Compensation Social Security and Other The employer contribution to ONA Pay ONA contribution on time Corrective action is being 12 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 12 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 12 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 12 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 12 include the lunch break payment. annual leave payment. discussed with Korea office. Sep-21 Compensation Wage Information, Use The factory does not have an accurate The payroll form for the Facility will ensure to have a 12 and Deduction payroll for temporary workers. temporary workers should payroll form for the temporary include all necessary information workers that includes all such as hours worked and necessary information such as overtime. hours worked and overtime. Sep-21 Compensation Minimum Wages/Piece No time record was available for Keep a time record system for Facility will keep time records 12 Rate Wages temporary workers. temporary workers. for temporary workers. Sep-21 Child Labour Documentation and Three employment records were Include an identification card in 12 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 [page 265] 264 Oct-20 Occupational Safety and OSH management The factory does not have an Develop an adequate COVID 19 Factory will review the 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 Health Hazardous Substances not accurate. inventory include all chemicals properly updated. All chemical used in the workplace. products were included in the chemical inventory. Aug-19 Occupational Safety and Chemicals and Unidentified bottle containing identify all containers of All chemical containers were Health Hazardous Substances machine oil. chemical products used in the properly labelled in local 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 Health Hazardous Substances being stored in the generator room. appropriate place. removed from the generator 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 Health Hazardous Substances were missing for compressor oil and MSDS for all chemicals used in machine oil were posted at 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 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 Health proper warning signs. electrical panels. painted. Aug-19 Occupational Safety and Working Environment The temperature level exceeded 30C Keep the temperature level at 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 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 Health women. for the female workforce. [page 266] 265 Aug-19 Occupational Safety and Health Services and First Insufficient number of nurses. EE Health Aid [page 267] 266 BETTER WORK HAITI - 24TH SYNTHESIS REPORT Factory: The Willbes Haïtian S.A (HT - Print Shop) U 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 30-May-22 Virtual bipartite meeting Meeting with the bipartite committee on emergency preparedness, and follow up on ONA and OFATMA. 30-May-22 Virtual advisory meeting Meeting with the compliance team to review disciplinary and termination Procedures, recruitment procedures, grievance procedures. Virtual OSH tour on chemical management and emergency preparedness. 28-Apr-22 Training Virtual OSH Event Workshop 22-Apr-22 Virtual bipartite meeting Meeting to discuss the importance of hygiene on our health. 25-Mar-22 Virtual bipartite meeting Meeting on emergency preparedness and risk assessment. 10-Mar-22 Training Virtual Sexual Harassment Awareness and Prevention for Workers. 8-Feb-22 Virtual advisory meeting Virtual OSH tour on electrical safety and chemical management, meeting with the compliance team to review the improvement plan, provide guidance on chemical inventory and lunch break. Coaching session on OSH objectives and targets and follow up on the First Progress Report. 17-Nov-21 Bipartite Committee Meeting Virtual meeting with the bipartite committee to present the last assessment report. 17-Nov-21 Virtual advisory meeting 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 Meeting with the compliance team to discuss 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 Virtual Bipartite Committee To present the role of the committee in raising workers’ awareness to COVID-19. Meeting 20-May-21 Training Virtual Industry Seminar on Chemical Management System. 19-May-21 Training Virtual Industry seminar on Workplace Cooperation and Communication. DETAILS OF NON IMPROVEMENT ASSESSMENT COMPLIANCE CLUSTER COMPLIANCE POINT COMPLIANCE PRIORITIES REMEDIATION EFFORTS MONTHS Assessment September 2021 [page 268] 267 Sep-21 Working Time Leave Attendance records and Provide at least 15 days of 34 interview revealed that workers annual leave to workers after 1 were provided less than 15 days year of service. of annual leave after 1 year of service. Sep-21 Working Time Regular Hours The regular working hours is Revise the internal regulations 8 equivalent to 9 hours per day and make sure that the and 54 hours per week for the regular hours do not exceed day shift. 48 hours per week. Sep-21 Occupational Safety and Emergency Preparedness The factory has not conducted a Conduct at least one One fire Drill has been 8 Health fire drill in 2021 and the last fire emergency drill every 6 conducted on September 24, drill was conducted in November months including full 2021 and another one was 2020. evacuation of the workforce. conducted in March 2022. Sep-21 Occupational Safety and Emergency Preparedness Escape routes in the packing area Remind supervisors about Management has identified 8 Health are obstructed by boxes and their responsibility to enforce an additional space to store tables. 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 Emergency Preparedness One extinguisher was missing Develop a SOP for the 46 Health the inspection tag, one was verification of Fire overcharged and another one extinguisher. Provide was obstructed. additional training to workers and supervisors. Sep-21 Occupational Safety and Health Services and First Medical staff is not available for Hire additional medical staff 46 Health Aid the night shift. for the night shift. Sep-21 Occupational Safety and Welfare Facilities The water provided to the Conduct the water test on a 8 Health workers is not being tested on a monthly basis. Update the monthly basis. OSH policy Sep-21 Occupational Safety and Working Environment Workplace temperature exceed Increase the ventilation with 46 Health 30 C additional fans. Conduct regular measurement of temperature & compare with threshold value. Sep-21 Occupational Safety and Worker Protection The factory does not keep a Keep a registry for all persons The register has been revised 8 Health registry for all persons who who present a temperature of and updated for all persons present temperature of 38 Cand 38 C and above. who present a temperature above. of 38 C and above. [page 269] 268 Sep-21 Occupational Safety and Worker Protection One long electrical wire is on the Train supervisors and workers The electrical cable has been 34 Health floor obstructing several aisles about electrical hazards &the removed. and creating a tripping hazard. need to report hazards for reparation. Sep-21 Occupational Safety and Worker Protection No support belts have been Define staff in charge of Management provided 34 Health provided to workers doing heavy providing and renewing the support belt to workers. lifting work. PPESs. Provide employees with all necessary personal protective clothing and equipment according to PPE ramiilstinn Sep-21 Occupational Safety and Chemicals and Hazardous Eyewash station was not Provide eye washing station Management removed 8 Health Substances available in the maintenance or eye wash bottles. Train chemical products from the room where chemical products workers on its use or display maintenance room. are stored and used. the operating procedure in local language. Sep-21 Occupational Safety and Chemicals and Hazardous Assessors observed a storage Store all chemicals and 8 Health Substances area, near the toilets, where a hazardous substances used in chemical was stored that was not the factory properly. adequately ventilated. Sep-21 Occupational Safety and Chemicals and Hazardous Assessors observed one Label chemicals and The label has been 8 Health Substances unidentified container of a hazardous substances translated in local language chemical product in the properly. Specify who and the container has been generator room and several conducts regular checks on identified. containers are labelled in Spanish chemical safety. and not in a local language. Sep-21 Occupational Safety and Chemicals and Hazardous The inventory of chemicals is Assign à person who is 50 Health Substances inaccurate and it is written in responsible for updating Spanish. inventories of hazardous substances in the various locations where they are stored or used. Sep-21 Contracts and Human Termination The employers pays workers Pay the lunch break and The discussions took place 8 Resources their annual salary supplement Include the payment in the with the General Manager. upon termination. However, the calculation of annual salary calculation of the average salary supplement upon does not include the lunch break termination. payment. [page 270] 269 Sep-21 Contracts and Human Termination The employer compensates Include the lunch break The discussions took place 8 Resources workers for unused paid annual payment in the calculation of with the General Manager. leave upon termination. the annual leave payment However, the calculation of the upon termination. basic salary does not include the lunch break payment. Sep-21 Contracts and Human Termination The calculation of the average Include the lunch break The discussions took place 8 Resources earning for notice of termination : payment in the calculation of with the General Manager. does not include the lunch break notice periods. payment. Sep-21 Contracts and Human Employment Contracts The written contract does not Revise and amend the Corrective action is being 8 Resources specify any information about employment contract. discussed with Korea office. the night shift. Sep-21 Compensation Wage Information, Use Payment of annual salary Ensure that workers’ salary The discussions on legal 8 and Deduction supplement or 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 Include the lunch break The discussions took place 8 Benefits OFATMA does not include the payment in workers’ with the General Manager. lunch break payment. contribution to OFATMA. Sep-21 Compensation Social Security and Other The employer contribution to Include the lunch break in the The discussions took place 8 Benefits OFATMA does not include the contribution to OFATMA. with the General Manager. lunch break payment. Sep-21 Compensation Social Security and Other The employer collects and Discuss legal requirements The discussions took place 8 Benefits forwards workers’ contribution to with the General Manager with the General Manager. ONA within the time limits Include the lunch break provided by the law. However, payment in the contribution the calculation does not include sent to ONA the lunch break payment. Sep-21 Compensation Social Security and Other The employer pays the required Include the lunch break The discussions took place 8 Benefits contribution to ONA. However, payment in the contribution with the General Manager. the calculation of the basic salary sent to ONA. does not include the lunch break payment. Sep-21 Compensation Paid Leave The factory did not pay annual Pay the lunch break and The discussions took place 8 leave correctly as the lunch include it in the calculation of with the General Manager. breaks is not included. annual leave payment. [page 271] 270 Sep-21 Compensation Paid Leave The lunch breaks is not Discuss legal requirements The discussions took place 8 compensated in the payroll. With the General Manager with the General Manager. Pay the lunch break. Sep-21 Compensation Paid Leave Eligible workers are not correctly Pay the lunch break and The discussions took place 8 paid for sick leave. include it in the calculation of with the General Manager. sick leave. Sep-21 Compensation Paid Leave The employer does not pay Pay the lunch break and The discussions took place 8 workers properly for annual include it in the calculation of with the General Manager leave. annual leave. Assessment October 2020-July 2019 Oct-20 Occupational Safety and Worker Protection Factory does not have Develop a checklist to record 8 Health appropriate checklist to monitor daily cleaning and the cleaning and disinfection disinfection process related to COVID 19. Keep record in appropriate location Oct-20 Occupational Safety and OSH Management The factory does not have an Develop a protocol that A protocol on COVID 19 has 8 Health Systems appropriate epidemic/pandemic include a COVID-19 task been developed. protocol related to COVID-19 in force, hygiene procedures, place. entry and exit procedures and reporting Procedures. Jul-19 Working Time Leave The factory provided 13 days of Provide workers the required Factory ensured that the 22 annual leave to workers with 1 time for annual leave. workers could benefit 15 year of service instead of 15 days. consecutive days in 2019. Jul-19 Occupational Safety and Emergency Preparedness Undercharged fire extinguishers. Keep all fire extinguishers A maintenance company has 34 Health properly maintained and been contracted for the unobstructed. monthly inspection. Jul-19 Occupational Safety and Emergency Preparedness Smoke detectors have not been Install à fire detection and The facility has purchased 22 Health installed where flammable alarm system where fire detectors and placed materials are stored. chemicals are used and them at their respective <tared nlara Jul-19 Occupational Safety and Health Services and First Medical staff is not available for Hire the required medical 34 Health Aid the night shift. staff. Jul-19 Occupational Safety and Working Environment Workplace temperature exceed Ensure that the air-flow to 34 Health 30 c in all section. and from the fans is not blocked. [page 272] 27 Jul-19 Occupational Safety and Worker Protection Electrical wires and outlet are not Insulate the exposed electrical The wires are installed 22 Health properly maintained. wires and install cover on all through pipeline to prevent electrical outlets. contact with people, cover have been placed to breakers and outlet Jul-19 Occupational Safety and Worker Protection The proper masks are not Provide proper masks to Workers have been trained 22 Health provided to workers. workers. and received the proper PPE. Jul-19 Occupational Safety and OSH Management The inventory of chemicals and Assign à person responsible The facility has assigned a 38 Health Systems hazardous products does not for updating inventories of person responsible for specify the approximate hazardous substances in the updating the inventories of amounts in storage. various locations where they hazardous substances in are stored or used. various location where chemical are stored. [page 273] As à partnership between the International Labor Organization and the International Finance Corporation, a member of the World Bank Group, Better Work brings together various groups - governments, global brandés, plant owners, trade unions and workers - to improve Work in apparel industry and make the sector more competitive. CORE DONORS TO BETTER WORK Netherlands Ministry of Foreign Affairs Swiss State Secretariat for Economics Affairs Ministry of Foreign Affairs of Denmark The Government of Australia Represented by the Department of Foreign Affairs and Trade (DFAT) The US Department of Labor Funding is also provided by DFID, Government of France, Government of Canada, Irish Aid, GMAC, Royal Government of Cambodia and private sector donors,including The Walt Disney Company, Levi Strauss Foundation, Gap Inc. and FUNG (1937) Management Ltd [page 274] [page 275] TON KITILOH ST OIFC TUE International International Finance Labour Corporation Organization WORLD BANK GROUP

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2022, Better Work Ayiti: 24yèm Rapò Sentèz sou Konfòmite, konsilte atravè HaitiDocs, https://www.haitidocs.org/doc/betterwork-haiti-2022