Better Work Haiti: 25th Compliance Synthesis Report

25th Compliance Synthesis Report Under the Hope Legislation Haiti NOV 2021 - DEC 2022 1 BETTER WORK HAITI – 24TH COMPLIANCE SYNTHESIS REPORT –DECEMBER 2022 Copyright © International Labour Organization (ILO) and International Finance Corporation (IFC) (2023) First published (2023) 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 Haiti: apparel industry 25th biannual synthesis report under the HOPE II legislation / International Labour Office; International Finance Corporation. - Geneva: ILO, 2023 1 v. 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 2 BETTER WORK HAITI – 24TH COMPLIANCE SYNTHESIS REPORT –DECEMBER 2022 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. 89 percent of the program's total costs in 2022 were funded by Federal funds, for a total of USD 11,295,840. 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. 3 BETTER WORK HAITI – 24TH COMPLIANCE SYNTHESIS REPORT –DECEMBER 2022 Table of Contents Acknowledgments/Disclaimer .......................................................................................... 2 List of Acronyms ............................................................................................................. 4 Section I: Introduction and Context ................................................................................ 7 1.1 Background .............................................................................................................................................. 7 1.2 Haiti Apparel Industry at a glance in numbers .............Error! 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Section III: Highlights of the reporting period December 2021-June 2022 ............... 13 Country Context ............................................................................................................................................. 13 Section IV: Compliance situation in the Haitian garment industry ............................ 18 Section V: Core labor standards non-compliance findings of the reporting period (April 2021 – November 2021) .......................................................................... 25 Section VI: Better Work key activities during the reporting period ........................... 29 Factories in Detail ......................................................................................................... 35 List of Factories ............................................................................................................................................. 35 Findings from the Factories .......................................................................................................................37 Annex 1: The TAICNAR Project and Reporting Requirements under the HOPE II Legislation .................................................................................................................. 39 Annex 2. Better Work’s Service Delivery Model .......................................................... 42 Annex 3. The Better Work Compliance Assessment Methodology ............................. 45 Better Work Compliance Assessment Framework ...................................................................... 45 Calculating Non-Compliance & Public Reporting ........................................................................ 53 Limitations in the Assessment Process ........................................................................................... 53 Annex 4. Factories Findings .......................................................................................... 57 4 BETTER WORK HAITI – 24TH COMPLIANCE SYNTHESIS REPORT –DECEMBER 2022 List of Acronyms ADIH Association des Industries d’Haïti (Haitian Industry Association) BMST Bureau de la Médiatrice Spéciale du Travail (Office of the Special Ombudsperson of Labor) CAOSS Conseil d’Administration des Organes de Sécurité Sociale (Board of Social Security Bodies) CP Compliance point CSS Conseil Supérieur des Salaires (Wages High Council) CTH Confédération des Travailleurs Haïtiens (Confederation of Haitian Workers) CTSP Confédération des Travailleurs des secteurs Publics et Prives (Confederation of Workers from the Public and Private Sectors) CTMO-HOPE Commission Tripartite de Mise en œuvre de la loi HOPE (Tripartite Commission 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 Haiti Economic Lift Program HOPE Haitian 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 PIM Parc Industriel Métropolitain (also referred to as SONAPI) 5 BETTER WORK HAITI – 24TH COMPLIANCE SYNTHESIS REPORT –DECEMBER 2022 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 6 BETTER WORK HAITI – 24TH COMPLIANCE SYNTHESIS REPORT –DECEMBER 2022 7 BETTER WORK HAITI – 24TH COMPLIANCE SYNTHESIS REPORT –DECEMBER 2022 Section I: Introduction and Context 1.1 BACKGROUND Better Work – a collaboration between the United Nations’ International Labour Organization (ILO) and the International Finance Corporation (IFC), a member of the World Bank Group – is a comprehensive program bringing together all levels of the garment industry to improve working conditions, respect of labor rights for workers, and boost the competitiveness of apparel businesses. The program was launched in Haiti in June 2009 as part of the global Better Work program with country operations in Bangladesh, Cambodia, Ethiopia, Egypt, Haiti, Indonesia, Jordan, Madagascar, Nicaragua, Pakistan, Sri Lanka and Viet Nam. Better Work is mainly operating in the apparel and footwear industry in the countries it is present. In Haiti, the program is mandatory for all apparel producers exporting their products to the US market under the HOPE II legislation. The HOPE II law requires that Haiti, in cooperation with the ILO, establishes a Technical Assistance Improvement and Compliance Needs Assessment and Remediation Program (TAICNAR), which (i) assesses Haitian apparel factories exporting under the HOPE II law on compliance with international core labor standards and national Haitian labor law, (ii) assists these factories on their remediation efforts and (iii) provides capacity building to the Government of Haiti on these aspects. In addition, according to the HOPE legislation, biannual reports must be published to indicate enterprise-level compliance performance. Further details on the components of the HOPE II law and specific requirements regarding biannual reports being published by the entity operating the TAICNAR program are quoted in annex 1 (HOPE II Legislation Reporting Requirements). This is the twenty-fifth report under the HOPE legislation. Detailed enterprise-level data of compliance performance as required by the HOPE II legislation is included in the Factory Tables section below. The two components of the HOPE II 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 services is extensive, encompassing technical assistance from the ILO in reviewing national laws and regulations to 8 BETTER WORK HAITI – 24TH COMPLIANCE SYNTHESIS REPORT –DECEMBER 2022 bring them into conformity with international standards, raise awareness of workers’ rights, and train labor inspectors, judicial officers, and other government personnel. To encourage compliance with core labor standards and national labor law, the legislation indicates that preferential treatment may be withdrawn, suspended, or limited by the President of the United States from producers who – even after assistance has been provided - fail to come into compliance with the core labor standards and national labor law that is related and consistent with those standards. Removal of benefits is based on the government of the United States' determinations, based primarily on non-compliance identifications made by the U.S. Department of Labor (USDOL). While Better Work Haiti reports are consulted as USDOL carries out its mandate to implement HOPE II, Better Work Haiti's non-compliance findings cannot, on their own, serve to impact preferential treatment under the HOPE Act. Better Work Haiti implemented the first component of the TAICNAR program from 2009 until 2017, while other ILO projects, particularly the ILO-MAST capacity-building project, worked on the second component. As of 2018, with the start of the third phase of the Better Work Haiti project (2018 - 2022), Better Work also took on several elements of the second component of the TAICNAR program while carrying out activities covering TAICNAR component one. The Better Work program coordinates its work with the Labor Ombudsman and a tripartite Project Advisory Committee (PAC). This Committee meets with Better Work regularly to discuss the program’s activities. 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. 9 BETTER WORK HAITI – 24TH COMPLIANCE SYNTHESIS REPORT –DECEMBER 2022 1.2 HAITI APPAREL INDUSTRY AT A GLANCE IN NUMBERS 36 FACTORIES IN THE PROGRAM ~ $1.1Bi ( 58,571 WORKERS EMPLOYED (63% WOMEN) 8 INDUSTRIAL ZONES HOSTING 90% OF TEXTILE 10 BETTER WORK HAITI – 24TH COMPLIANCE SYNTHESIS REPORT –DECEMBER 2022 Better Work Haiti 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 Haitian 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 in October 2022, by the US Department of Commerce Office of Textiles and Apparel (OTEXA), the Haitian textile industry exported USD 1.1Billion worth of products to the United States for the period ending August 2022. This represents an increase of 14.54 percent for the same period ending on August 2021. 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 years, the program plays a central role in realizing the full potential of the HOPE II Act – a preferential trade program with the US. Convening diverse stakeholders to tackle shared challenges and supporting institutions’ efforts to monitor and safeguard factory compliance with international labor standards will be top priorities. Key partners  Ministry of Social Affairs and Labor (MAST)  Office of the Labor Ombudsman (BMST)  National Insurance and Pensions Office (ONA)  Office for Employment Injury, Illness 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 13 BETTER WORK HAITI – 24TH COMPLIANCE SYNTHESIS REPORT -JUNE 2022 Section III: Highlights of the reporting period July 2022-December 2022 COUNTRY CONTEXT Political uncertainty remains a constant factor in Haiti, despite several rounds of discussions between government representatives and civil society opposition members. Although there have been several accords between members of civil society, there has not been any decision on a transitional government to replace the current prime minister. The socio-economic conditions in Haiti have worsen both with the the rise of the dollar, general inflation, food shortages, the cholera epidemic, and the proliferation of armed gangs. On the economic front, the value of the Haitian Gourdes compared to the US dollar continues to decrease. In July 2022, the Central Bank of Haiti’s (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. For the past few months, inflation has been evolving at a frantic pace, reaching 26.7% in April 2022, 27.8% in May 2022, 29% in June 2022 and 30.5% in July 2022, according to the latest bulletin from the Haitian Institute of statistics and computer science (IHSI). This affects employers who need to make payments in US dollars for ordered goods. Workers often complain that their purchasing power has decreased significantly. They feel that the increase in their daily wages is not enough to help them meet their basic needs. In such a context, past gains in poverty reduction have been undone. The presence of cholera is another threat that affects negatively living conditions in Haiti. Cholera cases continue to spread to new areas of the capital and in the country. As of 8 November 2022, the Direction d'Épidémiologie, des Laboratoires et de la Recherche (DELR) 14 BETTER WORK HAITI – 25TH COMPLIANCE SYNTHESIS REPORT –DECEMBER 2022 reported 7,569 suspected cases and 712 confirmed cases of cholera across the country. Of these, 655 (92%) have been reported in the Ouest Department1. The security situation has deteriorated significantly since the end of April 2022, seriously affecting the operational environment for humanitarian actors and hindering their ability to carry out life-saving assistance. Gangs are claiming more territory without indications that they can be contained or frustrated. This situation has seriously affected the functioning of economic life, health services, telecommunications, public transport, banking services, humanitarian, and emergency relief operations and, to a greater extent, the garment sector. It’s been an ordeal for workers to commute to the factories because of the fuel shortage affecting public transportation when roadblocks are not the issue. Access to raw materials has been an ordeal for factories to operate. GARMENT INDUSTRY CHALLENGES Although the Haitian garment sector has shown a great degree of resilience throughout the years and in fact, the total value of good exported has revealed an increase of 14.5 % for the period ending August 2022, as compared to the same period ending August 2021, the Haitian garment sector is facing some difficult challenges. The socio-political instability which is characterised by recurrent and often violent street demonstrations, constant interruption in fuel supplies has had a negative impact on factory productions. Armed gangs are claiming more territories without indications that they can be contained or frustrated. They blocked access to oil terminals in Port-au-Prince and significantly hampered fuel distributions across the country from mid-September 2022. This situation has seriously affected the functioning of economic life, health services, telecommunications, public transport, banking services, humanitarian and emergency relief operations, and, to a greater extent, the garment sector. The CODEVI industrial park had to interrupt operations for a full week in mid-September, because of socio-political unrest. The employees were not paid as a result and were exposed 1 Source PAHO Haiti 15 BETTER WORK HAITI – 25TH COMPLIANCE SYNTHESIS REPORT –DECEMBER 2022 to more vulnerability. In addition, one of its facilities was vandalized by people demonstrating against harsh economic conditions. The CARACOL industrial park slowed down activities and had to perform a full stop for approximately two months because of fuel shortages. It’s been an ordeal for workers to commute to the factories because of the fuel shortage affecting public transportation when roadblocks are not the issue. Access to raw materials has been an ordeal for factories to operate. For the months of September, October and part of November, none of the factories could operate at full capacity. This is the result of the impact of both the global economy and the unprecedented unrest that Haiti is experiencing. There were three factories in Better Work Haiti’s portfolio that closed their doors permanently mainly for business reasons. The first factory actually closed in December of 2021 but had promised that it would reopen in January of 2022. However, after postponing the reopening dates several times, we found out that the factory had closed permanently, and the management team had left the country. It was an unfortunate situation because Better Work Haiti as well as the government found out that the company was permanently closed after workers, led by trade union representatives launched a protest at the industrial park where the factory was operating. Upon Better Work’s review of past assessment documents, it was revealed that the factory closed its door without paying past due contributions to the Haitian social security apparatus, namely The Office for Retirement and Pension Funds (ONA) and OFATMA, the Office for Accident Maternity and Health Insurance. The factory also failed to pay workers their severance pay as well as back pay for sick leave, maternity leave and annual leave. Better Work Haiti worked with the Ministry of Labor (MAST), The Office of the Ombudsperson for the Textile Sector (BMST), the representatives of workers’ association, the representatives of the employers’ association (ADIH) and the buyer that was working with the factory during its time of operation, to find a solution to the problem. After several rounds of discussions all parties were able to finalize the calculation of the debt and agreed on a payment method for the workers through theADIH. With thanks, the Better Work partner brand involved agreed to pay all workers and the funds were already transferred to ADIH and payments are being made to the workers. The second company was temporarily closed since April 2022, when they informed the Ministry of Labor (MAST) that they would be closed temporarily form April 8th to May 7th. They subsequently requested an extension for the temporary closure until June 8th. On June 15th, 2022, inspectors from the Ministry of labor visited the SONAPI industrial park, where they were informed by the factory’s representatives that the factory was closed permanently. According 16 BETTER WORK HAITI – 25TH COMPLIANCE SYNTHESIS REPORT –DECEMBER 2022 to a report submitted by the inspectors from the Ministry of Labor, the factory’s debt to workers in terms of unpaid salary and severance pay and sick leave payment was over 39 million Gourdes. Additionally, based on the latest analysis conducted by Better Work, the factory owed ONA, the Office for retirement Insurance and Pensions, approximately 24.450 million gourdes in contributions dating back to 2019. The case is still pending. The Ministry of Labor is waiting for an order from the tribunal to authorize them to sell the seized assets of the company so they can liquidate the debts. The third factory closed in July of 2022. Fortunately, they reached an agreement with the worker’s representatives prior to closing the factory and all the workers were paid their severance pay in a timely manner. This was also confirmed by representative of workers’ associations. After-Care Program for the Haitian Textile Sector (PASHH) Better Work Haiti has been working closely with the International Finance Corporation (IFC), as a member of the Technical Secretariat of the Create Investment Opportunity (CIO) project. As part of their objectives, the CIO project has been looking at ways not only to increase investment in the Haitian garment sector but also to maintain the gains that have been acquired during the past several years. The CIO project has been looking at the after-care services offered in the garment sector in order to find out the factors that affect it and to devise ways to improve on the services offered. To this end, IFC organized a workshop from November 21 to November 23rd’ in which Better Work Haiti, the Haitian Ministry of Finance, ADIH, the Center for Investment Facilitation (CFI), the Ministry of Commerce and Industries (MCI) and others participated with the objectives implement a formal after-care program for the Haitian Garment Sector, (PROGRAMME AFTERCARE POUR LE SECTEUR DE L'HABILLEMENT EN HAÏTI. PASHH as the acronym reads in French.) During the three-day workshop, participants obtained a better understanding of the required after-care services, their components and their importance for the investors and their importance for promotion and growth of the sector. The following components were specifically addressed:  The Global Investor Services Framework  Investor support and its importance.  The role of other partners and stakeholders who can help or participate in the program  Support tools: company visits, website, CRM, IIS, after-care questionnaire.  Global examples of investor support programs. 17 BETTER WORK HAITI – 25TH COMPLIANCE SYNTHESIS REPORT –DECEMBER 2022  What to consider in selecting target investors to participate in the after-care program.  An overview of the systemic investor response mechanism.  An overview of buyer trends in the US and their implications for exportation in the Haitians Garment sector. Definition of an Aftercare program for the garment sector in Haiti (PASHH) The workshop resulted in the development of a first version of a targeted Aftercare program for the Haitian Textile sector (PASHH). The PASHH is defined as a high-level inter-institutional program that seeks to ensure participation and collaboration of all the entities involved in the investor's journey. The PASHH proposes an inter-institutional approach in order to provide a more effective service to the investors, with the following objectives in mind:  Be a preferred partner of the investor to facilitate the establishment, optimize operation and promote expansion and diversification.  Facilitate the retention of established companies that face high risk grievances  Identify and support of expansion opportunities  Take a proactive investor relations approach  Present a coalition of stakeholders at the service of the investor (united front for the relationship with the investor)  Strengthen alliances and links with government stakeholders responsible for solutions to investor requests  Work proactively to improve the business climate in the garment sector  Promote positive links with local Small and Medium Enterprises (SMEs) 18 BETTER WORK HAITI – 25TH COMPLIANCE SYNTHESIS REPORT –DECEMBER 2022 Section IV: Compliance situation in the Haitian garment industry THE OVERALL TREND OF NON-COMPLIANCES IN THE HAITIAN GARMENT INDUSTRY This section presents an overview of the non-compliance findings in 31 participating factories, which were assessed at least twice by December 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 17 hybrid, 15 in-person and 3 fully virtual assessments, during this period, with the support of inspectors from the Ministry of Labor. During the hybrid assessments , 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 below presents noncompliance findings for the 31 assessed factories during the reporting period, showing noncompliance 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 is in the Occupational Safety and Health (OSH) cluster, meaning that almost every factory had at least one violation in the cluster. Since the total non-compliance rate in the cluster is based on an aggregate of questions, It is necessary to look at the individual questions that are driving the non-compliance rate higher.  Under this cluster, the compliance point with the highest rate on non-compliance is Chemicals and Hazardous Substances and more specifically, there are three questions that are causing the persistent high non-compliance rate. The first question is about the the proper labeling of chemical products. During this reporting period, 26 out of the 31 factories were non compliant for this question, which represent a rate of 84%. This usually means that during assessment, Better Work Haiti found chemical products that were either not labelled or the label may have been missing information such as a pictrogram. The second question with a high rate of non-compliance is related to the availability of chemical safety data 19 BETTER WORK HAITI – 25TH COMPLIANCE SYNTHESIS REPORT –DECEMBER 2022 sheets for the products that are used in the workplace. The chemical safety data sheets give relevant information for the hanling of the product, including specific instructions in case of an accident. Hence, during assessments, Better Work Haiti found a rate of non-compliance of 77% or 24 out 31 factories. Last but not least, the other questions in the OSH cluster that is affecting the compliance rate negatively is related to the inventory of chemical and hazardous in the workplace. Factories sometimes fail to include all the chemical products they use in the inventory list. Usually products that they do not use regularly are not reported on the inventory sheet or management think that some products such machine oil for example are not necessarily chemical products and do not need to be reported as part of their regular inventory. Better Work Haiti found that 87% of factories assessed during this perido were non-compliant as it relates to their inventory.  The other persistent non-compliance point in the OSH cluster is in the area of emergency preparedness and the specific question related to the emergency exits and escape routes is the one with the highest non-compliance rate. Better Work Haiti found that 71% or 22 out of 31 factories were non-compliant on this point. During assessments, we found that the escape routes often need to be repainted or the emergency maps may not reflect the actual layout of the factory floor. The other high non-compliance questions in this compliance point relates to fire fighting equipment (65%) and the accessibility of emergency exits (71%). although the factories may have sufficient fire fighting equipment, Better Work Haiti often finds that factories may not keep the proper maintenance documents to certify that the equipment are regularly checked.  In the compensation cluster, the compliance question related to paid leave and social security contribution remains a major issue of of non-compliance for the operators in the sector. 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. The labor roundtable that was organized by Better Work Haiti in May 2022 brought this issue to the forefront of the discussions and there have been several follow up meetings between the government, the ADIH representatives and representatives of workers’ associations. However there has not been a final decision on how to resolve the issue.  In the compliance point related to paid leave, Better Work Haiti have found that 87% of factories pay the annual leave incorrectly, 81% of factories pay the maternity leave incorrectly. However 100% of factories were compliant when it come to extra daily breaks given to pregnant women or breastfeeding women. 20 BETTER WORK HAITI – 25TH COMPLIANCE SYNTHESIS REPORT –DECEMBER 2022  In the compliance point related to social security benefits, the non-payment of the lunch break continues to affect the contributions submitted to OFATMA. The data collected revealed that 74% of factories (23 out of 31) do not submit the accurate amount to OFATMA for work related accident insurance. The salary declaration does not reflect the proper amount of salary paid to workers, because it does not include the lunch break payment. We also found that 81% of factories (25 out 31) did not pay workers the correct amount for the annual salary supplement of bonus.  Although there are a few question that are keeping the non-compliance high in the com- pensation cluster, Better Work Haiti have found that there were no violations related to method of payment, minimum wage payment and overtime payment, or unauthorized deductions from worker’s wages. 21 BETTER WORK HAITI – 25TH COMPLIANCE SYNTHESIS REPORT –DECEMBER 2022 The highest rates of non-compliances in the Haitian garment industry 65% Non-compliance on emergency preparedness remains a FACTORIES DO NOT HAVE ADEQUATE FIREFIGHTING EQUIPMENT compliances on having adequate fire-fighting equipment priority for Better Work Haiti. However, under this cluster, nonstands at 65% and 61% of factories were non-compliant when it comes to keeping emergency exits accessible, unobstructed, and unlocked during working hours,. Better Work Haiti will continue to view these issues as high priority issues to be addressed on a consistent basis. 52% The highest non-compliance point in the Employment FACTORIES HAVE ISSUES WITH EMPLOYEMENT CONTRACTS internal work rules. While most factories have a document contracts cluster is 52% and it is related to the questions about outlining their internal work rules, this documents is sometimes not approved by the Ministry of Labor, as required by law. 81% Non-compliance on social security and other benefits remains FACTORIES HAVE ISSUES WITH ANNUAL SALARY SUPPLEMENT OR BONUS non-compliance point is generally related to the non- high at 100%. However, as in the compensation cluster, the payment of the lunch break, which is not included in the calculation of the average daily salary. The data shows that the annual salary supplement or bonus is also affected by the non-payment of the lunch break. 84% Non-compliance on chemical and hazardous substance FACTORIES HAVE ISSUES WITH PROPERLY LABELLING THEIR CHEMICAL PRODUCTS storing the chemicals properly stands at 19%, while 84% of management remains high at 100%. The non-compliance on factories were found non-compliant on properly labelling their chemical products. 22 BETTER WORK HAITI – 24TH COMPLIANCE SYNTHESIS REPORT -JUNE 2022 The assessments conducted during last six months did not reveal any finding on Core Labor Standards. However Better Work Haiti has received several complaints from workers who claim they were dismissed because of union activities. A group of female workers also claimed that they were forced to stay in their undershirt afer being dismissed. These workers were part of a group of workers that were recently unionized. However during the investigation, Better Work Haiti did not find any evidence to definitively support either claims. Since the investigation was conducted fully virtually, Better Work Haiti was not able to conclude the investigation and issue a final recommendation. However, Better Work Haiti plans to review the allegations during the upcoming assessments in 2023. BETTER WORK HAITI – 25TH COMPLIANCE SYNTHESIS REPORT –DECEMBER 2022 Forced Labour Discrimination Child Labour Non-compliance rates by Compliance Point - November 2021 - November 2022 (Core Labour Standards Clusters) Freedom of Association and Collective Bargaining 23 Child Labourers 0% Documentation and Protection of Young Workers 6% Hazardous Work and other Worst Forms 0% Gender 6% Race and Origin 0% Religion and Political Opinion 0% Bonded Labour 0% Coercion 6% Forced Labour and Overtime 0% Prison Labour 0% Collective Bargaining 10% Freedom to Associate 3% Interference and Discrimination 3% Strikes 0% Union Operations 0% 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% Non-compliance rate (n= 31) BETTER WORK HAITI – 25TH COMPLIANCE SYNTHESIS REPORT –DECEMBER 2022 Non-compliance rates by Compliance Point - November 2021 November 2022 (National Law Clusters) Method of Payment 0% Compensation Minimum Wages/Piece Rate Wages 10% Overtime Wages 16% Paid Leave 87% Premium Pay 0% Occupational Safety and Health Contracts and Human Resources Social Security and Other Benefits 100% Wage Information, Use and Deduction 16% Contracting Procedures 13% Dialogue, Discipline and Disputes 3% Employment Contracts 71% Termination 65% Chemicals and Hazardous Substances 100% Emergency Preparedness 97% Health Services and First Aid 100% OSH Management Systems 77% Welfare Facilities 90% Worker Accommodation 0% Worker Protection 97% Working Environment Working Time 24 84% Leave 45% Overtime 6% Regular Hours 94% 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% Non-compliance rate (n= 31) 25 BETTER WORK HAITI – 25TH COMPLIANCE SYNTHESIS REPORT –DECEMBER 2022 Section V: Core labour standards noncompliance findings of the reporting period (July 2022 – Dec 2022) CLAIM OF FREEDOM OF ASSOCIATION CASE During this reporting period, Better Work Haiti investigated two alleged complaints of sexual harassment as well Freedom of Association at a factory in the Northeast and another possible case of Freedom of Association at a Factory in Port-au-Prince. Factory 1 Better Work Haiti received a complaint from a worker in Port-auPrince who claims that she was wrongfully dismissed after missing three consecutive days of work. She further claims that she was dismissed because she is a vocal member of a union group present at the factory and she has been defending some workers who were being treated unfairly. Better Work proceeded to investigate the case and interviewed the worker as well as the Human Resources manager at the factory. The worker explained that on the first day she was absent, she informed the human resources manager through another colleague at the factory, that she could not make it to work because of the insecurity situation in the area near her home and on the way to work. So her absence for that first day, November 14th 2022, was justified. The worker claims that the HR manager was also informed about her absence for the second and third day, November 15th and 16th, by the same colleague. The HR mangager denies having been informed for those two days. On November 17th 2022, when she arrived at the factory, she was called to the HR office where they handed her the termination letter. This version of the fact was also reported to Better Work by the HR manager. During an interview with Better Work advisors, the HR manager confirmed that he was notified the first day; however since the worker did not contact him to justify her abscences for the second and third day, the justification for the first is not valid and therefore he has the right to dismiss her based on Article 42C of the Haitian Labor code, which states that if a worker is absent for three consecutive days without proper justification, he or she can be fired without notice. Better Work Haiti found that the worker did justify her absence for the first day as confirmed by the HR manager and therefore she did not miss three consecutive days without proper 26 BETTER WORK HAITI – 25TH COMPLIANCE SYNTHESIS REPORT –DECEMBER 2022 justification. Better Work has informed the factory that the worker should be reinstated with back pay and all other benefits due to her. Better Work does not have enough concrete evidence that the claim is a violation of Freedom of Association but rather a contract violation. Better Work has discussed the case with the terminated worker and she confirms that she will accept full payment of her severance pay because the current security situation makes it difficult for her to reach her job on time every day. As per our last contact with the factory’s management, they informed Better Work Haiti that they agree to pay the worker her full severance pay, including balance of annual leave and annual salary supplement. Better Work Haiti will continue to monitor the case to verify if the worker has received the compensation she is entitled to. Factory 2 Case of Sexual Harassment During an evaluation which took place in June 2022, a trade unionist informed Better Work assessors of 2 possible cases of sexual harassment that may have occurred at a factory in the Northeast. Better Work assessors asked to talk with the 2 victims, who agreed to tell them about their situation and consented to the reporting of the cases. Both alleged victims confirmed that the cases occurred in module 3 of the said factory. Following the conversations with the alleged victims, it was concluded that both victims were being harassed by the same individual who is a line leader. In the first case, the line leader told the victim that the vice-chief, who is superior to the line leader wanted her number and that she was interested in going out with her. The line leader promised that she would receive overtime opportunities if she accepted. She declined and told the line leader to give his wife number to the vice-chief. In May of 2022, she explained that she went to the HR office to complain but no actions were taken. The victim requested to be moved to different modules or different lines, but her requests were basically ignored. During the assessment, Better Work assessors noted the obvious distress of the female worker while telling the assessors the details of her situation, the assessors recommended that the factory finds a solution for an immediate relocation of the worker. The factory made the transfer the day after the assessment visit. In the second case, the line leader took a personal interest in the alleged victim and told her directly that he wanted to go out with her. Being a new worker, she was moved from one position to another, while the line leader pretended to help her with the different tasks. He 27 BETTER WORK HAITI – 25TH COMPLIANCE SYNTHESIS REPORT –DECEMBER 2022 also promised that he would allow her to work overtime if she agreed to go out with him. When she requested to be moved to a different module, the vice-chief agreed but she was later returned to the line where the leader was harassing her. When Better Work assessors question the alleged aggressor, he claims that the female workers were lying and complaining because they could not perform their tasks. He added that, When the female workers are not doing their work properly and are sent to the HR office, they often tell a story of harassment to avoid receiving warning letter. The vice-chief and line chief seem to agree and back up the section leader and line leader as well. They said that they had to talk with the female workers after the line leader reported that they individually insulted him in front of the other workers. They added that the alleged victims informed them about the harassment only at this time and they were convinced that the alleged victims were lying to get themselves out of trouble because they never reported that to the HR department. The leader, section leader and the vice-chief claimed that they received a training on sexual harassment. However, they did not seem to fully understand the extent and the gravity of a sexual harassment case. Better Work finds non-compliance for the 2 cases mentioned. Although the factory has a policy against sexual harassment, there is no evidence that the factory has taken the necessary steps to address the cases of sexual harassment. No disciplinary action, no training, no actual investigation was undertaken, even though the factory was made aware of these cases. Case of Freedom of Association In December of 2021, factory 2 in the Northeast had decided to fire 8 workers who are members of different union groups. They informed the Ministry of Labor (MAST) that these workers would be fired based on article 37(a), Which means that according to the terms and conditions of the contract, the dismissed workers will receive their severance pay and a work certificate. On the same day, the Ministry sent its recommendations to the factory, saying that the company has the right to terminate a worker's contract. However, the termination must be in line with the international conventions, and the termination of a union member must be discussed with the Interference and Discrimination Freedom of Association and Collective Bargaining and should be based on article 37(c). After several rounds of negotiations at the end of December 2021, the union members agreed to accept their severance pay, according to them because their lawyers forced them to do so. On January 5th 2022, the remaining union leaders inform MAST and the factory’s 28 BETTER WORK HAITI – 25TH COMPLIANCE SYNTHESIS REPORT –DECEMBER 2022 management that they plan to organize a strike which will last three days, starting January 17th. On January 14th the factory met with union leader to try to avoid the strike and on January 15th informed them that they had decided to reinstate the union members that were fired in December of 2021. However, on January 17th, a general strike was launched at the park, requesting an increase in the minimum wage. The factory’ management said some of the union members in the meeting on January 14, 2022, were participating in the strike and perpetrating violence against the factory and that the leaders who were in the meeting did nothing to prevent the violence. Based on that, the factory managers changed their minds and decided not to continue the reinstatement process until the labor court decides about this labor dispute. Management did not provide any proof that the union leaders at Everest participated in the violence. There do not appear to have been valid reasons for the terminations, unrelated to their status as trade union officials for 7 out of 8 of those terminated. The factory did not follow the recommendations of the Ministry of Labor in this matter when the Labour Directorate recommended that the factory negotiate with the trade unions the terms and reasons for the termination of the contracts. In addition, the factory did not act in good faith when it reversed its decision to reinstate the dismissed trade unionists under the pretext that these members had participated in a strike, which was not initiated by the trade unions in factory 2 but rather by unions members in another factory in the parc. 29 BETTER WORK HAITI – 25TH COMPLIANCE SYNTHESIS REPORT –DECEMBER 2022 Section VI: Better Work key activities during the reporting period The difficult socio-political context of the country gave Better Work Haiti the opportunity to adjust and adapt our strategy so the services can be delivered. However, the opportunity also comes with difficulties for Better Work Haiti as well as the factories, that often find themselves in a difficult situation to operate. As mentioned the above, some factories were closed for a period of two months. Hence, they could not received the number of advisory services that was scheduled for them. Furthermore Better Work Haiti had to reschedule several assessments because of factory closure or because of security concerns, especially in certain areas of Port-au-Prince. Better Work Haiti has had to cancel important stakeholder meetings because participatants could not travel from Port-au-Prince to the Northeast. Better Work Haiti continues 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, representative of the office of the Ombudsperson, representative of workers’ associations and well as representatives of employers’ associations. The activities outlined below were concluded between July and December of 2022. Several training sessions for bipartite committees were delivered in person as well as training on Supervisory Skills. During this reporting period, Better Work advisors and trainers also delivered several training sessions to participating factories as well as government stakeholders and union leaders, covering topics such as Gender Based Violence and Harassment, Prevention of HIV and AIDS, Conciliation and Mediation of labor disputes, and Workers’ Rights and Responsibiliites. We also substituted the training on Workplace Communication by the training on Respectful Workplace program for workers and Managers. Better Work Haiti offered a total of 32 training sessions to 849 participants, including 299 females, from 23 factories . The participants are now better prepared to face the challenges related to the aforementioned situations. 30 BETTER WORK HAITI – 25TH COMPLIANCE SYNTHESIS REPORT –DECEMBER 2022 TRAINING  PREVENTION OF HIV AND AIDS TRAINING Better Work Haiti also collaborated with the ILO/AIDS project to provide training on the prevention of HIV/AIDS to participating factories in the Northeast, with the objective of preventing the spread of the epidemic and fighting against stigma and discrimination in the workplace. These trainings targeted mainly enterprise level representatives of worker’s associations and members of bipartite committees in the hope that they can continue to raise awareness among the workers. These training were delivered to over 300 workers at 13 factories in the CODEVI and CARACOL industrial parks. Among the participants, there were 96 union representatives, including 27 women, 25 bipartite committee members, including 12 women, and an additional 183 non-unionized workers, including 83 women. As a result of this training, participants gained a better understanding of HIV/AIDS, its method of transmission and prevention, methods of testing, and availability of counseling. Workers were trained on HIV-related discrimination using micro-videos and the guide on HIV prevention in the workplace developed by the Ministry of Public Health and Population (MSPP) and the Ministry of Social Affairs and Labor (MAST) with the technical and financial support of the ILO. They were further provided with the tools and information needed to prevent HIV infection and know how to act and where to go for testing, counseling, and treatment. Finally, the training enabled workers to know their rights in the workplace with regard to HIV and AIDS (confidentiality, access to and benefit from prevention, treatment, care and support, non-discrimination, etc.).  SUPERVISORY SKILLS TRAINING Supervisory skills training was provided to participants 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 12 factories took part in the training with a 67participants including 8 women.  RESPECTFUL WORKPLACE AND COOPERATION During this reporting period, Better Work Haiti provided virtual trainings on Respectful Workplace and Cooperation, to 84 participants including 30 women in eight participating factories. Among the participants, there were 5 bipartite committee members. The 31 BETTER WORK HAITI – 25TH COMPLIANCE SYNTHESIS REPORT –DECEMBER 2022 participants from the eight factories that took the trainn are expected to improve factory management and workers’ understanding of dialogue-based problem solving. The course will also provide participants with the necessary strategies for effective communication in their factory, together with the knowledge and skills required to effectively prevent, resolve, and manage workspace disputes and grievances. The training covers topics such as the importance of good communication, effective forms of workplace communication, dispute resolution procedures, grievance procedures and a basic introduction to Collective Bargaining Agreements (CBA).  GENDER Better Work Haiti continues to address gender related issues at the enterprise level through training and advisory services. After introducing the new training modules on GBVH in April of 2022, Better Work Haiti delivered the introductory module on GBVH, GBVH Grievance Mechanism to the labor inspectors as well as representatives of the Office of the Ombudsperson. This is an integral part of the sustainability strategy, to make sure that both the inspectors from the labor ministry as well as the representative of the Office of the Ombudsperson are well versed in these issues, since they are both involved in following up on complaints related to gender violence and harassment. The participants in these trainings 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. They have also learned how to perform a gap analysis of the factories’ existing grievance mechanism so as to familiarize themselves with the necessary elements that should be part of a related policy. The participants were given an overview the concept of Psychosocial First Aid, to know how to deal with complaints when they first receive it. Ten government representavives including three women participated in the training sessions.  PURCHASING PRACTICES TOOLS During The last quarter of 2022, Better Work Haiti provided an introductory training on the Purchasing Practices tools to four factories in the Northeast. This training was offered to help factory managers identify areas of their purchasing practices that may lead to non-compliances. This factory-level tool will be used to gather data on the links between buying practices and factory non-compliance, based on the factory’s most recent assessment. The data will be used to produce a summary report, that can be used 32 BETTER WORK HAITI – 25TH COMPLIANCE SYNTHESIS REPORT –DECEMBER 2022 by both factories and Better Work, on where buyers’ practices are having a negative impact on factory compliance. In addition, and only if wanted and with agreement by the factory, it can produce a report with concrete examples for individual buyers. The insights will enable both factories and Better Work to push buyers to improve their purchasing practices. COLLABORATION WITH THE GOVERNMENT Better Work Haiti also supported representatives from the Ministry of Labor (MAST) and the Office of the Ombudsperson (BMST), to participate in a training on mediation skills delivered by the International Training Center (ITC) in Turin. A total of 4 people including 3 women completed this training. The training provided participants with a solid theoretical and practical knowledge of the key principles of conciliation/mediation process. The training also offered techniques and advice on how to strengthen the role of conciliators/mediators; promoted the sharing of knowledge and the exchange of best practices in matters of conciliation / mediation, and promoted the application of the key principles and values of the ILO in this subject.  SOCIAL DIALOGUE AT THE FACTORY LEVEL One of the strategies of Better Work Haiti is to increase worker participation in the decision making process through increased social dialogue. Since it inception, Better Work has promoted the establishment and proper functioning of bipartite committee at the factory level to increase social dialogue and address issues of non-compliance, which can lead to increased productivity and better working conditions. Better Work Haiti is focused on ensuring that all factories have a functional bipartite committee. During this reporting period, Better Work Haiti trainers and advisors supported the creation of bipartite committees at 13 factories. While these factories are not newly registered, they had to revive their committees because of staff members who either resigned or were dismissed. A total of 152 worker representatives and factory management representatives, including 44 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.  SOCIAL DAILOGUE AT THE STRATEGIC LEVEL (PROJECT ADVISORY COMMITTEE) 33 BETTER WORK HAITI – 25TH COMPLIANCE SYNTHESIS REPORT –DECEMBER 2022 Better Work Haiti continues to engage with the tripartite partners, either bilaterally or through the established Project Advisory Committee, to foster a climate of social dialogue among the constituents evolving in the Haitian textile sector. During this reporting period, Better Work Haiti leadership, in collaboration with the Office of the Ombudsperson for the Textile Sector, held meetings individually with representatives of the worker’s associations, representatives of the employers’ association and representative of the social security apparatus, to discuss several issues, currently affecting the sector. These bilateral meetings between Better Work Haiti and the individual constituents led to a consensus agenda for the Project Advisory Committee Meeting which was held in November 2022. During the meeting, Better Work Haiti presented a summary report of the 24th Synthesis report, highlighting the major persistent non-compliance issues. Better Work Haiti also presented the application for the Complaint Management System being used by the Office of Ombudsperson to track complaints from workers as well as factories. A brief demonstration was done to show the participants how to use the system to register a complaint and how to follow up on the status of the complaint. Participants took the opportunity to discuss other relevant issues such as the dismissal of workers who are absent or who are systematically late due to the current insecurity situation in some parts of the country. They also discussed the problem with the non-payment of social security contribution by some factories as well maternity leave payments that are not received from the government. Both representatives of workers’ associations as well as representatives for the employers’ association expressed their desires to restart the talks about the National Call to Action, to see how they can promote the growth of the sector.  TRAINING ON WORKERS RIGHTS AND RESPONSIBILITIES During this reporting period 12 factories took part in the training on worker’s rights and responsibilities. Three sessions were offered for 170 participants including 74 women. Representatives from from the Ofice of the Ombudsperson also benefited from this training. The objective of the training is to enable participants to understand working standards that are applied all over the world. The training also helps participants to understand the concept of fundamental principles and rights at work, as defined by the ILO 1998 declaration. It addresses participants’ concerns related to their rights and responsibilities at the workplace and lists the resources that can help them if they have further questions in the future. Workers participating in this training have obtained an overview of their rights and responsibilities as employees and this will help them learn about additional resources to further educate themselves on the matter. 34 BETTER WORK HAITI – 25TH COMPLIANCE SYNTHESIS REPORT –DECEMBER 2022 56 Virtual advisory sessions to 36 participating factories 33 Training sessions to 23 factories (56% women) Covering a wide range of topics and focus on Better Work Haiti delivered 40 training the non-compliance point and remediation sessions on 10 topics to 33 factories in efforts needed to correct the issue found at Port-au-Prince and the Northeast. A total the factory.. Advisory services are of 1464 workers and management staff, conducted with the bipartite committee 750 were women, and 724 were men, members' participation, including were trained on COVID-19 preventive representatives of workers and measures and responses, sexual management. During the advisory services, harassment prevention, emergency workers’ representatives are encouraged to preparedness, understanding gender as speak freely and discuss relevant issues. well as socially responsible transitioning. Better Work Haiti also ensures that women are represented in the bipartite committees. 35 BETTER WORK HAITI - 23RD COMPLIANCE SYNTHESIS REPORT - DECEMBER 2021 Factories in Detail LIST OF FACTORIES Below is the list of factories that Better Work Haiti has assessed over the past two cycles. All factories that have been assessed by Better Work 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 Haitian apparel sector, which have been assessed between October 2021 and December 2022) Factory Name 1. BrandM Apparel Haiti - AM1, AM2, AM3 2. Caribbean Island Apparel 3. Centri Group SA 4. Class International Holdings LTD 5. Cleveland Manufacturing S.A. 6. Digneron Manufacturing SA 7. Everbright Headwear 8. Everest Apparel Haiti S.A. 9. Fairway Apparel S.A. 10. H4H S.A 11. Haiti Best Sewing S.A.(formely Quality Sewing Manufacturing S.A.) 12. Haiti Premier Apparel S.A. 13. HANSAE HAITI S.A 14. LIFE S.A. 15. MAS AKANSYEL S.A 36 BETTER WORK HAITI – 25TH COMPLIANCE SYNTHESIS REPORT –DECEMBER 2022 16. MBI HAITI S.A 17. MD Industries 18. MGA Haiti S.A. 19. PACIFIC SPORTS HAITI S.A. 20. Palm Apparel S.A. 21. Premium Apparel 22. S&H Global 1-6 23. S&H Global Washing 7 24. Sewing International S.A. 25. Superior Sourcing 26. The Willbes Haitian S.A (HT - Print Shop) 27. The Willbes Haitian S.A (HT-2B) 28. The Willbes Haitian S.A. (HT-2/2A) 29. The Willbes Haitian S.A. (HT-3) 30. Top Choice Apparel Corp 31. Uniwell Apparel, LLC. 37 BETTER WORK HAITI – 25TH COMPLIANCE SYNTHESIS REPORT –DECEMBER 2022 FINDINGS FROM THE FACTORIES This section reports on the factories’ detailed compliance performance as required by the HOPE II legislation. The HOPE II 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. It should include detailed compliance information for each producer (see annex 1 for the exact requirements of the HOPE II 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 Haiti 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. A 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. 2 https://betterwork.org/home/bwh-our-services/ 38 BETTER WORK HAITI – 25TH COMPLIANCE SYNTHESIS REPORT –DECEMBER 2022 Additional information corresponding to HOPE II 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 Haiti 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 recommended that some of the fired workers be reinstated to their positions without any penalties. 39 BETTER WORK HAITI – 25TH COMPLIANCE SYNTHESIS REPORT –DECEMBER 2022 Annex 1: The TAICNAR Project and Reporting Requirements under the HOPE II Legislation In 2006, the United States Congress enacted the Haiti Hemispheric Opportunity through Partnership Encouragement Act of 2006 (HOPE), expanding preferences for Haitian apparel established under the Caribbean Basin Economic Recovery Act, thus enabling the Haitian apparel industry to benefit from new duty-free preferences. In 2008, these preferences were further expanded through HOPE II 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 II. 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 II 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 II 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 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.” 40 BETTER WORK HAITI – 25TH COMPLIANCE SYNTHESIS REPORT –DECEMBER 2022 Better Work has been covering this part of the TAICNAR program since its launch in 2009. It has to be noted that Better Work offers several services that go beyond the requirements of the HOPE legislation, in particular the collaboration with international brands through sharing of factory assessment reports, joint support for factories regarding the improvement plan used during advisory services (corrective action plan), specific training and specific projects and events such as the annual buyers and multi-stakeholders forum. With the introduction of fees to be paid by factories for participation in the Better Work Haiti program since 2016, it has been decided that non-paying factories will receive all Better Work core services (advisory, training, and one annual assessment) in line with the requirements of the HOPE legislation. Factories that pay their subscription fee will have access to the full offer of Better Work services beyond core services only. TAICNAR Program Component 2: Technical assistance to strengthen the legal and administrative structures for improving compliance in the industry The HOPE law states that the second component of the TAICNAR program is “to provide assistance to improve the capacity of the Government of Haiti – (I) to inspect facilities of producers listed in the registry described in paragraph (2)(B)(i); and (II) 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 Haiti, 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 II 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. 41 BETTER WORK HAITI – 25TH COMPLIANCE SYNTHESIS REPORT –DECEMBER 2022 SEC. 15403. LABOR OMBUDSMAN AND TECHNICAL ASSISTANCE IMPROVEMENT AND COMPLIANCE NEEDS ASSESSMENT AND REMEDIATION PROGRAM. [...] (D) BIANNUAL REPORT. —The biannual reports referred to in subparagraph (C)(i) are a report, by the entity operating the TAICNAR Program, that is published (and available to the public in a readily accessible manner) on a biannual basis, beginning 6 months after Haiti implements the TAICNAR Program under this paragraph, covering the preceding 6-month period, and that includes the following: (i) The name of each producer listed in the registry described in paragraph (2)(B)(i) that has been identified as having met the conditions under subparagraph (B). (ii) The name of each producer listed in the registry described in paragraph (2)(B)(i) that has been identified as having deficiencies with respect to the conditions under subparagraph (B), and has failed to remedy such deficiencies. (iii) For each producer listed under clause (ii) — (I) a description of the deficiencies found to exist and the specific suggestions for remediating such deficiencies made by the entity operating the TAICNAR Program; (II) a description of the efforts by the producer to remediate the deficiencies, including a description of assistance provided by any entity to assist in such remediation; and (III) with respect to deficiencies that have not been remediated, the amount of time that has elapsed since the deficiencies were first identified in a report under this subparagraph. (iv) For each producer identified as having deficiencies with respect to the conditions described under subparagraph (B) in a prior report under this subparagraph, a description of the progress made in remediating such deficiencies since the submission of the prior report, and an assessment of whether any aspect of such deficiencies persists. [...] 42 BETTER WORK HAITI – 25TH COMPLIANCE SYNTHESIS REPORT –DECEMBER 2022 Annex 2. Better Work’s Service Delivery Model The key principles of Better Work’s revised service model are ownership, accountability, dialogue, and partnership. The core services offered to factories are advisory services, an annual assessment, and training services. Better Work’s service delivery model stresses the importance of advisory services with a stronger focus on assistance on management systems, root cause analysis, and continuous learning. Better Work acknowledges the fact that auditing alone cannot contribute to sustainable remediation of non-compliances. Assessments provide a snapshot of the compliance issues, yet they do not add significant value to improvements of factories’ compliance performance. Therefore, the focus in the services that Better Work delivers to factories is on continuous learning and improvements working with factories on root causes underlying repeated non-compliance issues. Since 2015, a factory cycle no longer starts with an assessment on which advisory services afterward were built in the initial approach. Instead, under the revised Better work service delivery model, the cycle now starts with approximately 100 days of advisory services. With its bipartite Committee, the factory can conduct a self-diagnosis with the support of its Better Work Enterprise Advisor and can work on immediate improvements where possible. The unannounced Better Work assessment is then conducted after the initial period of advisory and training services. Following the assessment, the advisory process continues, focusing on enabling the bipartite Committee to address issues listed in the improvement plan. The improvement plan includes issues that the factory has self-diagnosed and identified during the Better Work assessment. In addition, factories will be supported through tailored factory visits, issue-specific seminars (on topics relevant to the country/industry) with peers from other factories, and training appropriate to the factory’s specific needs. Better Work reporting has two elements – reports completed and verified by the Better Work program and completed and released directly by factories. The Better Work factory reports consist of the assessment report released roughly 30 days after the unannounced assessment visit. Then later in the cycle, in the 11th month of the cycle, Better Work then publishes a 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 process. Factories 43 BETTER WORK HAITI – 25TH COMPLIANCE SYNTHESIS REPORT –DECEMBER 2022 report through the Better Work portal. This portal is the platform that is also used by Better Work to share factory data with authorized international brands that subscribed to a specific factory in either of the Better Work country programs. The enhanced portal with the revised self-reporting function also offers the opportunity for factories to update their improvement plan themselves. The improvement plan lists a factory’s non-compliance points from the last Better Work independent assessment together with any other issues that the factory itself identified as areas for improvement. Once the factory updates its improvement plan online, the information is immediately available to buyers and Better Work. However, this feature has some limitations with regards to the factories’ editing rights as only Better Work can update the status of a non-compliance issue from “delayed,” “pending,” or “in progress” to “completed” after verification of evidence of remediation. Factory reporting then continues with the first progress report, which is published approximately five months after the start of the cycle. This report includes progress made to date on all self-diagnosed issues and those identified by Better Work during the assessment. This report has a pre-set structure from Better Work, and it is made available to authorized buyers and indicates initial progress and planned steps for the remainder of the cycle. The Better Work role for this first progress report will be limited to coaching factories on how to engage in effective self-reporting and ensure continued progress on closing areas of noncompliance. 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: 44 BETTER WORK HAITI – 25TH COMPLIANCE SYNTHESIS REPORT –DECEMBER 2022 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 a commitment to learning. Those criteria will be evaluated based on information collected during two consecutive assessments. Factories that have not yet met this benchmark will be classified as “stage one.” For factories that have been with Better Work for several years, service differentiation will respond to requests for greater autonomy in the day-to-day advisory service, fewer assessments, and tailored service that responds to their more advanced needs, for example relating to systems development, purchasing practices, productivity and quality, and mature industrial relations. 45 BETTER WORK HAITI – 25TH COMPLIANCE SYNTHESIS REPORT –DECEMBER 2022 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, 111, 138, 182, and they form the reference base in assessing factory compliance with fundamental rights for all the Better Work programs in various countries. For some issues, such as minimum legal working age, provisions in national law specify requirements for the application of international conventions. If national law is not consistent with international standards pertaining to core labor standards, the international standards are applied. Haiti has ratified all eight core Conventions listed above. According to the Haitian Constitution, ratified conventions become self-executing and, therefore, part of 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 a benchmark based on international standards and good practices. 46 BETTER WORK HAITI – 25TH COMPLIANCE SYNTHESIS REPORT –DECEMBER 2022 Table 2: Better Work compliance assessment framework Compliance Compliance Point Compliance Issue Child Labourers Workers under age 15 Documentation and Age verification system Protection of A medical certificate and/or an employment Young Workers certificate or permit delivered by the Director of Labor Cluster Child Labor provided by workers under age 18. Register of workers under age 18. Hazardous Work and Workers under age 18 working at night. other Worst Forms Workers under age 18 working overtime. Workers under age 18 doing work that is hazardous by nature. Discrimination 3 Gender Changing the employment status, position, wages, benefits, or seniority of workers during maternity leave. Conditions of work (gender and/or marital status). Excluding maternity leave from workers’ period of continuous service Hiring (gender and/or marital status). Job announcements (gender and/or marital status). Pay (gender and/or marital status). Pregnancy tests or use of contraceptives as a condition of employment Promotion or access to training (gender and/or marital status). Sexual harassment 3 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 111), 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 111. 47 BETTER WORK HAITI – 25TH COMPLIANCE SYNTHESIS REPORT –DECEMBER 2022 Terminating workers or forcing them to resign if they are pregnant, on maternity leave or nursing. Termination or retirement (gender and/or marital status). Race and Origin Conditions of work (race, color, origin) Harassment (race, color, origin) Hiring (race, color, origin) Pay (race, color, origin) Promotion or access to training (race, color, origin) Recruitment materials (race, color, origin) Termination or retirement (race, color, origin) Religion and Conditions of work (religion or political opinion) Political Opinion Harassment (religion or political opinion) Hiring (religion or political opinion) Pay (religion or political opinion) Promotion or access to training (religion or political opinion) Recruitment materials (religion or political opinion) Termination or retirement (religion or political opinion) Forced Labor Bonded Labor Debts for recruitment fees owed to the employer and/or a third party Coercion Coercive tactics. Delaying or withholding wage payments. Forced labor to discipline workers or punish them for participation in a strike Free exit from the workplace at all times, including during overtime. Freedom of movement (dormitories or industrial parks). 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 reporting to the authorities Violence or the threat of violence. 48 BETTER WORK HAITI – 25TH COMPLIANCE SYNTHESIS REPORT –DECEMBER 2022 Workers’ access to their personal documents (such as birth certificates, passports, work permits, and ID cards) Forced Labor Forced overtime under threat of penalty and Overtime Prison Labor Prison laborers Freedom of Collective Access to collective bargaining agreement. Association Bargaining Collective agreement is less favorable for workers and Collective than what is required by national law. Bargaining Collective bargaining/bargaining in good faith. Implementation of a collective agreement. Freedom to Freedom to form and/or join a union Associate Requiring workers to join a union. Interference Attempt(s) to interfere with, manipulate, or control and discrimination the union(s). Freedom to meet without management present. Incentives to refrain from joining a union or engaging in union activities. Punishment of unionists Termination or non-renewal of worker’s employment contract due to union membership or activities Threats, intimidation, or harassment of unionists. Unequal treatment of multiple unions. Union membership or union activities factoring into hiring decisions Strikes The hiring of replacement workers during a strike. Preventing workers from participating in a strike. Punishing workers for participating in a strike. Security guards, the police, or armed forces are called on to break up a peaceful strike or arrest striking workers. Union Deduction of union dues upon workers’ request. Operations Union representatives’ access to workers in the workplace. Compensation Method of In-kind wage payments. Payment Regular and timely payment of wages. Wage payment directly to workers at the workplace on working days 49 BETTER WORK HAITI – 25TH COMPLIANCE SYNTHESIS REPORT –DECEMBER 2022 Wage payment in legal currency. Minimum Wage Correct payment of piece-rate workers when their piece-rate earnings exceed minimum wage. Payment of minimum wage for apprentices. Payment of minimum wage for temporary workers. Overtime Wages Payment for ordinary overtime. Payment for overtime hours worked on holidays. Payment for overtime worked at night. Payment for overtime worked on weekly rest days. Paid Leave Payment for annual leave. Payment for breastfeeding breaks. Payment for legally mandated holidays. Payment for maternity leave. Payment for sick leave. Payment for weekly rest days. Premium Pay Payment for regular hours worked at night. Payment for regular hours worked on holidays Payment for regular working hours worked on weekly rest days Social Security and Collecting and forwarding workers’ social insurance Other Benefits contributions funds to ONA. Employer contribution to OFATMA for maternity and health insurance. Employer contribution to OFATMA for work-related accident insurance. Employer contribution to ONA. Forwarding of workers’ contributions to OFATMA. Payment of annual salary supplement or bonus. Wage Information, Deductions from workers’ wages. Use, and Deduction Informing workers about wage payments and deductions. Payroll records. Contracts and Contracting Human Procedures Resources Dialogue, Discipline Bullying, harassment, or humiliating treatment of and Disputes workers. Limits on the trial period for apprentices. Disciplinary measures Resolution of grievances or disputes. 50 BETTER WORK HAITI – 25TH COMPLIANCE SYNTHESIS REPORT –DECEMBER 2022 Employment Contracts for all persons performing work for the Contracts factory. Employment contracts’ compliance with the labor code, collective agreement, and/or internal work rules. Internal work rules. Specifying terms and conditions of employment in written employment contracts. Workers’ understanding of the terms and conditions of employment. Termination Annual salary supplement or bonus upon termination. Notice of termination. Orders to reinstate or compensate unjustly terminated workers. Payment for unused paid annual leave upon resignation or termination. Reasons for termination. Reductions in workforce size or suspensions due to changes in operations Occupational Chemicals and Assessing, monitoring, preventing, and/or limiting Safety Hazardous workers’ exposure to hazardous substances. and health Substances Chemical safety data sheets for all chemicals and hazardous substances in the workplace. Inventory of chemicals and hazardous substances used in the workplace. Labelling of chemicals and hazardous substances. Storage of chemicals and hazardous substances. Train workers who work with chemicals and hazardous substances. Washing facilities or cleansing materials in the event of chemical exposure. Emergency Accessible, unobstructed, and/or unlocked Preparedness emergency exits during working hours, including overtime. Fire detection and alarm system. Fire-fighting equipment. 51 BETTER WORK HAITI – 25TH COMPLIANCE SYNTHESIS REPORT –DECEMBER 2022 Marking or posting of emergency exits and/or escape routes in the workplace. The number of emergency exits. Periodic emergency drills. Safeguarding possible sources of ignition Storage of flammable materials Training workers to use the fire-fighting equipment Health Services Annual medical checks for workers. and First Aid First-aid training for workers. Health checks for workers who are exposed to workrelated hazards. Medical checks for workers upon hiring. Onsite medical facilities and staff. The employer did not ensure a sufficient number of readily accessible first aid boxes/supplies in the workplace. Safety and health risks to pregnant or nursing workers OSH Management Assessment of general, occupational safety, and Systems health issues in the factory. Legally required construction/building permits Mechanisms to ensure cooperation between workers and management on OSH matters. Recording work-related accidents and diseases and/or submitting the record to OFATMA. Written OSH policy. Welfare Facilities Certain required facilities. Eating area. Providing drinking water. Toilets. Washing facilities and/or soap. Worker Accommodation separate from the workplace Accommodation Cooking or storage facilities in the accommodation. Lighting in the accommodation. Minimum space requirements in the accommodation. Preparation for emergencies in the accommodation. Privacy in the accommodation. 52 BETTER WORK HAITI – 25TH COMPLIANCE SYNTHESIS REPORT –DECEMBER 2022 Protection against disease-carrying animals and/or insects in the accommodation. Protection against fire in the accommodation. Protection against heat, cold and/or dampness in the accommodation. Protection against noise in the accommodation. Toilets, showers, sewage, and/or garbage disposal systems in the accommodation. Ventilation in the accommodation. Water in the accommodation. Worker Ergonomic requirements Protection Installing guards on all dangerous moving parts of machines and equipment. Installing, grounding, and/or maintaining electrical wires, switches, and/or plugs. Posting safety warnings in the workplace Providing workers with personal protective clothing and equipment. 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, machines, and/or equipment safely Working Workplace cleanliness Environment Workplace lighting. Workplace noise levels. Workplace temperature and/or ventilation. Working Time Leave payment in place of annual leave Time off for annual leave. Time off for breastfeeding breaks. Time off for maternity leave. Time off for sick leave. Overtime Authorization from the Department of Labor for overtime. Authorization from the Department of Labor for work on Sundays. Limits on overtime hours worked. Voluntary overtime. 53 BETTER WORK HAITI – 25TH COMPLIANCE SYNTHESIS REPORT –DECEMBER 2022 Regular Hours Daily break periods. Regular daily and/or weekly working hours. Weekly rest period. Working time records. Authorization from the Department of Labor before working at night. CALCULATING NON-COMPLIANCE & PUBLIC REPORTING In public synthesis reports, Better Work reports aggregated non-compliance in the participating industry, as shown in Chart 1. Non-compliance is reported for each subcategory (compliance point, or “CP”) of the eight labor standards clusters. A factory is reported as non-compliant in a subcategory if it is found to be out of compliance on any issue addressed within the subcategory. With respect to the figures presented in synthesis reports, for example, a noncompliance rate of 100% means that all participating factories were found to have at least one violation in that area. The Better Work program supports fair and transparent public reporting. In all Better Work country programs, synthesis reports containing aggregated information on the industry are prepared based on the individual factory assessment reports and published twice a year. Better, work is currently expanding its reporting in the other Better Work countries to include individual factory-level compliance information, as is already the case for Haiti. Evidence shows that public reporting of this kind helps encourage continuous improvement and reduces the probability of reversing compliance gains. In addition, gathering and reporting these data over time enables factories to demonstrate their efforts to improve working conditions. LIMITATIONS IN THE ASSESSMENT PROCESS The factory-level assessments carried out by Better Work Haiti follow a thorough checklist of about 230 questions covering the above-mentioned labor standards and gathering general 54 BETTER WORK HAITI – 25TH COMPLIANCE SYNTHESIS REPORT –DECEMBER 2022 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 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 Haiti 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 a series of events. Key witnesses might have been terminated before the assessment days. Also, supporting documents might not have the level of details required to determine non-compliance. Better Work is basing its assessment findings on triangulation of facts, which requires sufficient evidence to find a factory in non-compliance on a particular 4 Better Work Haiti Compliance Assessment Tool (CAT) including their legal references can be accessed here: http://betterwork.org/haiti/?page_id=1731 55 BETTER WORK HAITI – 25TH COMPLIANCE SYNTHESIS REPORT –DECEMBER 2022 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. The assessment usually visits last two days, and because it is a picture of the moment, some situations that might lead to non-compliance points in the future are not reported. It is also important to keep in mind that non-compliance issues might be identified during the advisory cycle through the self-diagnosis process. Better Work supports factories 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 Haiti’s compliance assessment tool. Like other countries, it is one of the most sensitive and most difficult issues to detect during factory assessments. As a result, the assessment of sexual harassment in the workplace by Better Work Haiti is likely to underreport the extent of its occurrence. However, sexual harassment remains an issue of concern in the industry in general. As mentioned, Better Work is basing its assessment findings on triangulation of facts, which requires sufficient evidence to find a factory in non-compliance on a particular compliance point, and some issues are not always easy to detect. Although concerns regarding sexual harassment persist, Better Work Haiti has seen positive developments on the topic, with factories acknowledging the issue as a potential problem and demonstrating an increased openness to address it. Several factories are therefore working on the prevention of sexual harassment in the workplace. In particular, Better Work’s supervisory skills training has contributed to raising awareness of this issue among supervisors in more than half of the factories in Haiti. 56 BETTER WORK HAITI – 25TH COMPLIANCE SYNTHESIS REPORT –DECEMBER 2022 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. 57 BETTER WORK HAITI – 25TH COMPLIANCE SYNTHESIS REPORT –DECEMBER 2022 Annex 4. Factories Findings 58 BETTER WORK HAITI – 25TH SYNTHESIS REPORT Factory: Location: Number of workers: Date of registration: Date of last two Better Work assessments: Brand M Apparel Haiti - AM1, AM2, AM3 Ouanaminthe 2,656 May-19 Mar-21 Apr-22 Advisory and Training Services 15-Nov-22 Training Impact of Purchasing Practices on Enterprise Compliance Performance. 14-Nov-22 Advisory meeting Advisory session with the bipartite committee to Follow-up on: - The last meeting and the improvement that the factory made. - The implementation of OFATMA maternity and Health insurance. - Factory renovation and the division in two factories. - A plant to identify the committee members. Finally, Meeting with the compliance team to work on the Better Work portal mainly on the management system. 24-Aug-22 Training HIV/AIDS Prevention 17-Aug-22 Advisory meeting Advisory session with the bipartite committee to discuss: - The progress on the improvement plan of the factory. - Implementation of OFATMA maternity and Health insurance about when. - Factory tour to see the new layout process that the factory has started. Meeting with the compliance team to work on the Better work portal mainly on the management system. 8-Jul-22 Advisory meeting Advisory session with the bipartite committee to discuss: - The new improvement plan of the factory - Root cause and remediation action needed - Factory tour to validate all improvements made by the factory. Meeting with the compliance team to update the Better work portal. 5-Jul-22 Training Bipartite Committee training 9-Jun-22 Training Virtual Supervisory Skills (SST) 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 Introduction to GBVH. 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. 59 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. - Discuss payment of lunch break. - Discuss OFATMA maternity and health registration Process. ASSESSMENT COMPLIANCE CLUSTER COMPLIANCE POINT DETAILS OF NON COMPLIANCE IMPROVEMENT PRIORITIES REMEDIATION EFFORTS MONTHS Assessment April 2022 Apr-22 Occupational Safety and Health OSH Management Systems The OHS policy signed by senior management does not meet all the requirements. Update and adjust OHS policy and procedures. 8 Apr-22 Occupational Safety and Health OSH Management Systems The factory does not have a hazard/risk management and control procedure that includes all the requirements. Update and adjust hazard/risk management and control procedures. 8 Apr-22 Occupational Safety and Health OSH Management Systems The employer has failed to investigate, monitor and measure OHS issues as required. Ensure that all OSH issues are investigated, monitored and measured accurately. 8 Apr-22 Occupational Safety and Health OSH Management Systems The factory does not adequately communicate and implement OSH policies and procedures. Ensure that training are provided to all relevant staff 8 Apr-22 Occupational Safety and Health OSH Management Systems The structural safety certificate was not available. Assess the buildings to ensure they meet the safety requirements for an industrial structure. Apr-22 Occupational Safety and Health OSH Management Systems The factory does not record and submit work-related accidents to OFATMA on a monthly basis. Record and submit work related accidents to OFATMA on a monthly basis. The factory provided a structural safety certificate, certifying that the buildings’ structure meets the safety requirements for an industrial structure. 8 39 60 Apr-22 Occupational Safety and Health OSH Management Systems The factory provided only evidence of 6 OSH assessment reports for the last 12 months. Conduct and keep records of the assessment result on a monthly basis.  12 Apr-22 Occupational Safety and Health OSH Management Systems The employer does not adequately assigns accountability for health and safety to OSH Officers and HR Director Ensure that the factory conduct the joint OSH Committee meetings to address OSH issues. 8 Apr-22 Contracts and Human Resources Employment Contracts The factory does not have a grievance handling and dispute resolution procedure that meets all the requirements. Update and adjust the grievance policies and procedures. 8 Apr-22 Contracts and Human Resources Employment Contracts The factory does not have an internal work rules approved by the Ministry of Labor. Develop and internal work rules and send it to MAST for approval. 39 Apr-22 Contracts and Human Resources Employment Contracts Apprentice contracts were not approved as legally mandated. Request approval from MAST for the apprentice contracts. 39 Apr-22 Contracts and Human Resources Employment Contracts The factory currently applies CODEVI's disciplinary and termination procedures, which does not include all the steps. Update and adjust disciplinary and termination procedures. 8 Apr-22 Contracts and Human Resources Employment Contracts The factory does not fully investigates performance of HR. Ensure that all parameters are reviewed during the HR review. 8 Apr-22 Contracts and Human Resources Employment Contracts The factory does not adequately communicate and implement HR policies and procedures. Ensure that all the steps are in place in the factory. 8 Apr-22 Working Time Regular Hours Regular working hours did not meet legal requirements. Modify the internal work rules and ensure the regular working hours do not exceed 48 hours per week. 8 Apr-22 Working Time Regular Hours Factory did not give two break of 30 minutes to pregnant workers. Provide additional breaks to pregnant women. 39 61 Apr-22 Working Time Leave Inaccurate maternity leave given to pregnant workers. The factory needs to complete the registration for OFATMA maternity and health insurance and ensure that workers are given 12 weeks of paid maternity leave. 20 Apr-22 Occupational Safety and Health Emergency Preparedness Obstructed aisles in several sections of the workspace. Keep routes unobstructed during working hours. 20 Apr-22 Occupational Safety and Health Emergency Preparedness Fire fighting training was not provided by a certified company or trainer. The factory needs a certified company or trainer to provide fire fighting training to at least 10 percent of the staff. Apr-22 Occupational Safety and Health Emergency Preparedness Unmarked escape routes, missing and outdated evacuation plan. All escape routes should be clearly marked. The evacuation maps should be redone and posted on the work floor and meeting point should be accessible. Apr-22 Occupational Safety and Health Emergency Preparedness Fire extinguishers were not properly maintained and some areas were missing fire extinguishers. Provide adequate firefighting equipment and Ensure regular maintenance is done. Apr-22 Occupational Safety and Health Emergency Preparedness Smoke detectors and alarm have not been installed in the trim warehouse. The factory should install fire detection system in all areas of the workplace. Apr-22 Occupational Safety and Health Health Services and First Aid The factory does not have an onsite medical facilities and staff as required by labor code. Ensure that the free zone or the factory has adequate medical facilities Apr-22 Occupational Safety and Health Health Services and First Aid First aid training was not provided by a certified company or trainer. The factory needs a certified company or trainer to provide first aid training to at least 10 percent of the staff. Apr-22 Occupational Safety and Health Health Services and First Aid Keys were not available on the floor for several boxes and one box missing a supply. The factory must designate a person to monitor the keys and the inventory of the first aid boxes. The factory has trained 30 additional workers in the use of fire fighting by a certified company. 39 39 Factory inspected and added the missing tag on the forklift fire extinguisher and fixed the issue with the one found on the floor of the AM 2 39 39 39 The factory has trained 30 additional workers in first aid by a certified company. 39 20 62 Apr-22 Occupational Safety and Health Health Services and First Aid Free annual medical checks was not provided to workers. Arrange free annual medical checks for all workers. 39 Apr-22 Occupational Safety and Health Health Services and First Aid Free health checks was not provided to workers exposed to work-related hazards. Provide health checks to workers exposed to work-related hazards at least twice a year. 39 Apr-22 Occupational Safety and Health Health Services and First Aid Health checks was not provided to workers within the first three months of hiring. Provide health checks to workers within the first three months of hiring. 39 Apr-22 Occupational Safety and Health Welfare Facilities Eating area is not adequate to accommodate the entire workforce. The factory needs to find an additional eating area to accommodate workers. 39 Apr-22 Occupational Safety and Health Welfare Facilities Soap was not available in all toilets including at the entrance of the premises. Ensure that soap is available in all toilets and at the entrance of the premises. 12 Apr-22 Occupational Safety and Health Welfare Facilities Insufficient number of Toilets. Increase the number of toilets. 36 Apr-22 Occupational Safety and Health Chemicals and Hazardous Substances Translate MSDS in the local MSDSs are not available in local language for all chemicals used in the language and post them where chemical products are used. workplace. 39 Apr-22 Occupational Safety and Health Chemicals and Hazardous Substances Chemical and hazardous substances are not properly labelled. Label all chemicals and hazardous substances used in the workplace. 39 Apr-22 Occupational Safety and Health Chemicals and Hazardous Substances Inventory of chemicals and hazardous substances is not updated. The factory started Update inventory of chemicals and hazardous substances in the implementing a system of inventory for chemicals and workplace. hazardous substances used in the workplace. 20 Apr-22 Occupational Safety and Health Chemicals and Hazardous Substances Eyewash stations are missing in two areas of the workplace and another one is not working. Install eyewash stations in all areas where chemical products are used. 39 Apr-22 Occupational Safety and Health Chemicals and Hazardous Substances The factory does not provide training for supervisors using chemicals in the spot cleaning area. Provide chemical safety training to all workers that are using chemical products. 39 63 39 Apr-22 Occupational Safety and Health Chemicals and Hazardous Substances The factory does not have appropriate spot cleaning area. The factory needs to have an 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 Health Working Environment The workplace is not clean and tidy. Apr-22 Occupational Safety and Health Working Environment light levels were inappropriate in some working sections. keep the factory floors clean and tidy. Remove the water that is making it slippery and keep it dry. Ensure the lighting is adequate and adapted to worker's needs. Apr-22 Occupational Safety and Health Working Environment Workplace temperatures levels are unacceptable. Monitor the temperature level and maintain it under 30 C inside the workplace. 39 Apr-22 Occupational Safety and Health Worker Protection The factory does not systematically check body temperature upon entry. Systematically check all body temperature upon entry and keep a registry for all persons who present a temperature of 38C and above. 12 Apr-22 Occupational Safety and Health Worker Protection Several chair without backrests in the Provide chairs with backrest to sewing areas and standing mats were all workers, tables with footrest or shock absorbing mats to not available to all workers. standing workers. 39 Apr-22 Occupational Safety and Health Worker Protection Improper maintenance of electrical system of the factory. Ensure that all electrical panel are properly maintained. 20 Apr-22 Occupational Safety and Health Worker Protection Sewing machines were missing pulley Install the proper safety guards guards. on all machines. 39 Apr-22 Occupational Safety and Health Worker Protection The factory did not provide appropriate PPE to all workers. 39 The factory repaired the cooling system in AM 2 Provide proper PPE to all The factory provide PPE to workers using chemical products. some workers in the workplace. 12 20 64 The factory will organize an awareness day with OFATMA to explain to the workers the process of starting with the contribution of the payment of maternity and health 39 Apr-22 Compensation Social Security and Other Benefits The factory did not collect workers' contributions for OFATMA Maternity and Health insurance. The calculation is inaccurate and payments are made late consistently. Collect workers' contributions for OFATMA Maternity and Health insurance on the average salary, include the lunch break payment and forward it on time. Apr-22 Compensation Social Security and Other Benefits The calculation for ONA payment is inaccurate and payments are made late consistently. Calculate ONA contributions on the average salary, include the lunch break payment and forward it on time. 39 Apr-22 Compensation Social Security and Other Benefits Inaccurate annual salary supplement or bonus payments. Calculate annual salary supplement or bonus payment based on worker's average daily earnings. 20 Apr-22 Compensation Social Security and Other Benefits Inaccurate payments for OFATMA accident insurance. Keep records of the salary statement sent to OFATMA Pay OFATMA work related accident on time. Apr-22 Compensation Paid Leave The factory pays workers incorrectly for all types of paid time leave. 20 Apr-22 Compensation Paid Leave The lunch break is not compensated in the payroll. The factory needs to pay all types of leave based on worker's average daily earnings by including the lunch break payment Pay the daily lunch break accurately to all workers. Apr-22 Compensation Paid Leave Inaccurate payment for maternity leave. Calculate the maternity leave payment on worker's average daily earnings by including the lunch break payment. 39 Apr-22 Compensation Paid Leave Inaccurate sick leave payment. Calculate sick leave on worker's average daily earnings by including the lunch break payment. 39 Apr-22 Compensation Paid Leave Inaccurate annual leave payments. Calculate annual leave on worker's daily average earnings by including the lunch break payment. 20 Assessment March 2021 The factory pays OFATMA the remaining balance for the fiscal year 2021-2022. 39 39 65 Mar-21 Working Time Leave Inaccurate maternity leave to pregnant workers. Register for OFATMA maternity and health insurance and ensure that workers are given 12 weeks of paid maternity leave. Mar-21 Working Time Leave Inaccurate Annual leave to workers. Provide workers with 15 days vacation after one year of service, as mandated by the labor laws. A meeting was made between the park administration and OFATMA about the registration of all factories around of the park. we are waiting for the confirmation of the protocol agreement between the park and OFATMA to finish with the process. The company had an agreement with some workers due to an emergency of 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 approval. Mar-21 Working Time Regular Hours Inaccurate attendance record. The factory needs to implement the use of the punch system to record worker's attendance. The punch system is in function now. all workers can punch correctly. Mar-21 Working Time Regular Hours Factory did not give two break of 30 minutes to pregnant workers. Provide additional breaks to pregnant women. The factory will develop a policy for 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 Health Emergency Preparedness Insufficient number of workers trained in the use of fire-fighting equipment. Provide fire safety training to at The factory has provided least 10 percent of the workforce. first aid training to 245. 66 Mar-21 Occupational Safety and Health Emergency Preparedness The employer did not conduct at least 2 emergency drill per year. Conduct emergency fire drill at least every six months. In the compliance calendar, we plan to make a fire drill in June 2021 and another one on December 2021. Mar-21 Occupational Safety and Health Emergency Preparedness Emergency exit was not adequately identified and aisles are obstructed. The factory: All exits should be properly identified and all aisles should be - have removed the exit sign and change the layout unobstructed. of this area. - rectified the problem of blocked aisles     Mar-21 Occupational Safety and Health Emergency Preparedness Unmarked escape, missing and outdated evacuation map. map.  All escape routes should be clearly marked. The evacuation maps should be redone and posted on the work floor. Mar-21 Occupational Safety and Health Emergency Preparedness Fire extinguishers were not properly maintained and some areas were missing fire extinguishers. Provide adequate firefighting equipment and Ensure regular maintenance is done. Mar-21 Occupational Safety and Health Emergency Preparedness Smoke detectors and alarm have not been installed in the trim warehouse. The factory needs to install fire detection system in all areas of the workplace. Mar-21 Occupational Safety and Health Health Services and First Aid Insufficient number of workers trained in first aids. Train at least 10% of the workforce in first aids All fire extinguishers are correctly inspected by American fire every month. The compliance officer makes a daily check to ensure all fire extinguishers are well inspected.  The factory makes sure that all fire hoses are accessible and in good condition.  The factory has been provided first aid training to 248. 67 Mar-21 Occupational Safety and Health Health Services and First Aid Missing supplies in first aid boxes. Inspect and replenish the first aid The factory has already boxes regularly. assigned a person to monitor first aid boxes. They updated the inventory list by removing all analgesic acetaminophen; due to COVID-19, the factory is not providing any pills to workers. Mar-21 Occupational Safety and Health Health Services and First Aid The factory does not have an onsite medical facilities and staff as required by art. 478 and 479 of the labor code. Ensure that medical services are available during working hours including during night shift. The industrial park has an onsite medical facility as required by the law on Free Zone. Mar-21 Occupational Safety and Health Health Services and First Aid Free annual medical checks was not provided to workers. Arrange free annual medical checks for all workers. Mar-21 Occupational Safety and Health Health Services and First Aid Free health checks was not provided to workers exposed to work-related hazards. Provide health checks to workers exposed to work-related hazards at least twice a year. A meeting occurred between the park administration and OFATMA about the registration of all factories around of the park. we are waiting for the confirmation of the protocol agreement between the park and OFATMA to finish with the process. The medical checks for workers exposed to workrelated hazards has been carried out. Mar-21 Occupational Safety and Health Health Services and First Aid Health checks was not provided to workers within the first three months of hiring. Provide health checks to workers within the first three months of hiring. A meeting occurred between the park 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 t fi i h ith th 68 Mar-21 Occupational Safety and Health Welfare Facilities Eating area is not adequate to accommodate the entire workforce. The factory needs to find an additional eating area to accommodate workers. Mar-21 Occupational Safety and Health Welfare Facilities Insufficient number of Toilets. Increase the number of toilets. Mar-21 Occupational Safety and Health Working Environment Light levels were inappropriate in all the working sections. Ensure the lighting is adequate and adapted to worker's needs. Mar-21 Occupational Safety and Health Working Environment Workplace temperatures levels are unacceptable. Monitor the temperature level and maintain it under 30 C inside the workplace. Mar-21 Occupational Safety and Health Worker Protection Social distance is not respected on the factory. Ensure that 1.5 meter of distance is respected within the workplace. Mar-21 Occupational Safety and Health Worker Protection Hazard warning signs missing on electrical panels. Post hazard signs on all electrical The electrician has properly panels. maintained the electrical panels by adding the hazard signs. Mar-21 Occupational Safety and Health Worker Protection Improper maintenance of electrical system of the factory. Ensure that all electrical panel are properly maintained. Mar-21 Occupational Safety and Health Worker Protection The printing machines are missing pulley guards. The factory needs to ensure that all machine have the proper safety guards. Mar-21 Occupational Safety and Health Worker Protection Several chairs without backrests in the sewing areas and standing mats were not available to all workers. The factory needs to provide chairs with backrest to all workers, tables with footrest or shock absorbing mats to standing workers. Mar-21 Occupational Safety and Health Worker Protection The factory did not provide appropriate PPE to all workers. The factory needs to provide proper PPE to all workers using chemical products. The electrician has properly maintained the electrical panels. 69 Mar-21 Occupational Safety and Health Chemicals and Hazardous Substances Eyewash stations are missing in two areas of the workplace. The factory needs to install eyewash station in all areas where chemical products are used. Mar-21 Occupational Safety and Health Chemicals and Hazardous Substances The factory does not provide training for workers and supervisors using chemicals in the spot cleaning area.  The factory needs to provide chemical safety training to all workers and supervisors that are using chemical products. Mar-21 Occupational Safety and Health Chemicals and Hazardous Substances The factory does not have appropriate spot cleaning area. The factory needs to have an 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 Health Chemicals and Hazardous Substances Translate MSDS in the local MSDSs are not available in local language for all chemicals used in the language and post them where chemical products are used. workplace. Mar-21 Occupational Safety and Health Chemicals and Hazardous Substances Chemical and hazardous substances are not properly labelled. Label all chemicals and hazardous substances used in the workplace. Mar-21 Occupational Safety and Health Chemicals and Hazardous Substances Inventory of chemicals and hazardous substances is not updated. Update inventory of chemicals and hazardous substances in the workplace. Mar-21 Occupational Safety and Health OSH Management Systems The factory does not record and submit work-related accidents to OFATMA monthly. The factory needs to record and submit work related accidents to OFATMA on a monthly basis. Mar-21 Contract and Human Resources Termination The factory did not provide the number of terminated workers' files requested. The factory needs to keep an accurate filing system so requested documents can be submitted in a timely manner. Training was provided to all workers using chemical products, including supervisors. Factory explained that the files are kept in the CODEVI administration building. They will request copies of all file. 70 Mar-21 Contract and Human Resources Employment Contracts The factory does not have an internal work rules approved by the Ministry of Labor. The factory need to develop the internal regulations and submit the document to the Ministry of Labor for approval. Mar-21 Contract and Human Resources Employment Contracts Apprentice contracts were not approved as legally mandated. Mar-21 Compensation Social Security and Other Benefits Inaccurate annual salary supplement or bonus payments. Mar-21 Compensation Social Security and Other Benefits The factory is not affiliated to OFATMA for maternity and health insurance. Management needs to submit the apprentice contract to the Ministry of Labor for Approval. Calculate annual salary supplement or bonus payment based on worker's average earnings Register with OFATMA for maternity and health insurance and submit employer's contribution regularly. Mar-21 Compensation Social Security and Other Benefits The factory is not affiliated with OFATMA for maternity and insurance. Register with OFATMA for maternity 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 work related accident for the fiscal year 2020-2021.  The factory needs to make the payment for OFATMA accident insurance on time and keep the records. Mar-21 Compensation Social Security and Other Benefits ONA's deduction collected on workers is inaccurate and payments are made late consistently. Include the lunch break payment in the calculation for workers' contribution and forward it to time to ONA. Mar-21 Compensation Social Security and Other Benefits The calculation of ONA is inaccurate and payments are made late consistently. Include the lunch break payment in the calculation for workers contribution and forward on time to ONA. Mar-21 Compensation Paid Leave The factory pays workers incorrectly for all types of paid time leave and lunch break is not compensate. The factory needs to pay all types of leave based on worker's average earnings by including the lunch break payment. Mar-21 Compensation Paid Leave The lunch break is not compensated in the payroll. Pay the daily lunch break accurately to all workers.  Factory submitted roof of payment to OFATMA for work related accident insurance. 71 Mar-21 Compensation Paid Leave Inaccurate payment for maternity leave. Mar-21 Compensation Paid Leave Inaccurate sick leave payment. Mar-21 Compensation Paid Leave Inaccurate annual leave payments. Mar-21 Compensation Wage Information, Use and Deduction Inaccurate Payroll records. Mar-21 Compensation Minimum Wages/Piece Rate Wages Sometimes workers do not receive full payment due to the bank, which is not sending sufficient bill denomination. The factory needs to register with OFATMA for maternity and health insurance. The factory also need to pay for the lunch break. Calculate the annual leave on worker's daily average earnings by including the lunch break payment. Calculate the annual leave on worker's daily average earnings by including the lunch break payment. Ensure that accurate information regarding the hours worked are displayed in the payroll. Management needs to make sure that the payroll is done accurately. 72 BETTER WORK HAITIA1 - 25TH SYNTHESIS REPORT Factory: Location: Number of workers: Date of registration: Date of last two Better Work assessments: Centri Group S.A. Arrondissement de Port-au-Prince 782 Oct-18 Feb-21 Mar-22 Advisory and Training Services 28-Oct-22 Virtual advisory meeting Virtual meeting to Follow up on the first progress report, meeting with the compliance team to explain HR performance indicator, review the grievance mechanism and present tools on OSH monitoring systems and training records. Meeting with the OSH committee to follow on pending issues on the improvement plan and discuss about the checklist for the new buildings. 2-Aug-22 Virtual advisory meeting Virtual meeting with the OSH committee about the progress made by the factory since the last assessment visit. Session with the compliance team to explain the supplier portal, risk assessment, training on monitoring systems and Key OSH responsibility. 15-Jun-22 Virtual advisory meeting Virtual meeting with the OSH committee, meeting with the compliance team to review the improvement plan and session on HR management systems. 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 tra 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 manag ASSESSMENT COMPLIANCE CLUSTER COMPLIANCE POINT DETAILS OF NON COMPLIANCE Mar-22 Compensation Minimum Wages/Piece Rate Wages Workers are not compensated properly Review and update the internal when they are sent home early for not regulations. Pay the minimum wage to workers. achieving the required quota. Mar-22 Compensation Social Security and Other Benefits The factory did not send the salary Keep records of the invoice statement to OFATMA for work received from OFATMA. Pay related accident for the fiscal year 2021- OFATMA work related accident on time. 2022. Mar-22 Occupational Safety and Health OSH Management Systems The factory did not share any evidence of assessments performed on general occupational safety and health. IMPROVEMENT PRIORITIES REMEDIATION EFFORTS MONTHS Assessment March 2022 Keep records of the assessment result 9 The factory has paid OFATMA for the fiscal year 2021-2022 22 The internal assessment is done on a monthly basis and records are shared with the advisor. 9 73 Mar-22 Occupational Safety and Health OSH Management Systems The factory did provide any structural safety certificate to assessors. Request a building safety certificate from the city. A structural safety certificate has been provided by SONAPI. 9 Mar-22 Occupational Safety and Health Chemicals and Hazardous Substances The chemical product inventory was not accurate. Review and update the chemical management procedure. Update the chemical inventory on a regular basis. The procedure has been reviewed and the factory management kept a daily inventory for each products in the workplace. 9 Mar-22 Occupational Safety and Health Chemicals and Hazardous Substances Unlabelled containers of Diesel in the workplace. Provide additional training for workers and supervisors Review and update the internal audit procedure. Additional training are provided to workers and the daily checklist has been reviewed. 41 Mar-22 Occupational Safety and Health Chemicals and Hazardous Substances MSDS are not available for all chemical and hazardous substances used in the workplace. Prepare and post MSDS where chemicals are used and stored. The MSDS have been translated and posted. 41 Mar-22 Occupational Safety and Health Chemicals and Hazardous Substances The spot cleaning area does not have the proper conditions to prevent unnecessary exposure of workers to chemicals. Provide (better) exhaust ventilation and relocate the spot cleaning area. Mar-22 Occupational Safety and Health Worker Protection Management has not provided all necessary PPEs to workers. Provide employees with all necessary personal protective clothing and equipment according to PPE regulation. Someone is in charge of providing and renewing the PPEs. All necessary protective clothing and equipment are provided to workers. 22 Mar-22 Occupational Safety and Health Worker Protection Electrical installation was not properly maintained. Insulate the exposed electrical wires, train supervisors and workers about electrical hazards & the need to report hazards for reparation. 22 Mar-22 Occupational Safety and Health Worker Protection The factory did not provide any training records an/or awareness activities for the prevention of to Covid-19. Develop a training plan, then provide training to workers on COVID-19 Training on electrical hazard has been conducted. Responsibility has been assigned to the electrician. A maintenance plan has been developed and the weekly Training has been conducted for workers and posters are displayed. 9 9 74 Mar-22 Occupational Safety and Health Worker Protection The factory does not systematically check all workers' and visitors' body temperature upon entry. Check all workers' and visitors' body temperature upon entry and keep a registry for all persons who present a temperature of 38C and above. The factory verify Workers and visitor body temperature and records are kept. 26 Mar-22 Occupational Safety and Health Working Environment The light level is insufficient in the workplace. Increase the light level to reach 300 lux in Pressing section, 500 lux in Sewing, cutting, packing. 750 lux in trimming, Inspection section The light level is increased in all section, the verification is done weekly. 9 Mar-22 Occupational Safety and Health Welfare Facilities Insufficient number of Toilets. Increase the number of toilet to have at least one toilet for every 25 men and one toilet for every 15 women. Mar-22 Occupational Safety and Health Welfare Facilities Soap was not available in the toilets. Provide soap dispensers for the toilets. Mar-22 Occupational Safety and Health Health Services and First Aid Management did not share evidence that medical checks were provided to workers within their first three months of hiring. Discuss the legal requirements with the General Manager. Pay the health cards. 41 Mar-22 Occupational Safety and Health Health Services and First Aid Management shared evidence that medical checks were provided once a year to workers exposed to work related hazards. Discuss the legal requirements with the General Manager. Ensure that workers exposed to work related hazards receive a medical check at least twice a year. 41 Mar-22 Occupational Safety and Health Health Services and First Aid Management shared evidence that annual medical checks were provided to 5 percent of the workers. Discuss the legal requirements with the General Manager Pay the health cards. 41 Mar-22 Occupational Safety and Health Health Services and First Aid Insufficient medical staff. Hire additional medical staff to have at least 3 nurses for the current workforce. 41 41 Additional soap dispenser has been installed. Responsibility has been assigned and the weekly checklist has been update. 9 75 Mar-22 Occupational Safety and Health Health Services and First Aid All first aid boxes were empty. Equip the first aid boxes and define responsibility for refilling them. The First aid boxes are properly equipped. Also, the factory made assignation to refill and check the first aid boxes weekly. 22 Mar-22 Occupational Safety and Health Health Services and First Aid The total number of workers trained in first aid is less 10 percent of the workforce as recommended by Better Work. Include First Aid training in the OSH training plan. Ensure that at least 10 percent of the workforce is trained in first aid. 17.5 per cent of workers are trained. 22 Mar-22 Occupational Safety and Health Emergency Preparedness The factory does not have a functioning alarm system. Specify who is in charge of regularly checking the alarm system and include this in the system of daily-weekly checks. A checklist has been developed and the alarm is working properly. 9 Mar-22 Occupational Safety and Health Emergency Preparedness Four fire extinguishers were missing including the one on the forklift. Review and update the internal audit procedure. Responsibility has been assigned. The factory installed new fire extinguishers. In addition the factory received a valid annual report produced by a certified company on the maintenance of fire-fighting equipment 22 Mar-22 Occupational Safety and Health Emergency Preparedness The escape routes are not clearly marked. The evacuation map needs to be updated. Mar-22 Occupational Safety and Health Emergency Preparedness During the factory tour, assessors observed that several aisles were obstructed. Update the evacuation map to reflect the layout of the building. Then Paint evacuation arrows and signs on the factory floor. The meeting point need to be relocated. Provide more trainings to worker and provide additional space for storage. Mar-22 Occupational Safety and Health Emergency Preparedness The last fire drill was conducted in March 2022, and the one before that, in June 2021. Conduct at least 2 emergency drill per calendar year. Insert the drills in the OSH annual training plan. 22 41 Three fire drill has been conducted and included in the OSH annual training plan. Records of drills are kept. 22 76 Mar-22 Occupational Safety and Health Emergency Preparedness The total number of workers trained in fire-fighting is less 10 percent of the workforce as recommended by Better Work. Include fire fighting training in the OSH training plan. Ensure that at least 10 percent of the workforce is trained in first aid. Fire fighting training is included in the OSH training plan. More than 10 percent of workers are trained. Assessment February 2021 Feb-21 Occupational Safety and Health Worker Protection The factory checks all workers and visitors body temperature upon entry but does not keep a registry for all persons who present a temperature of 38C and above. A check list has been created Assign someone to update the to register worker with registry and  Keep records of temperature of 38 temperature over 38 degree C. C and above. Feb-21 Occupational Safety and Health OSH Management Systems The factory does not have a checklist to record the daily cleaning and disinfection of the workplace and it is not included in the COVID protocol of the factory. Implement a checklist to records the daily cleaning. A checklist has been implemented by the factory. Feb-21 Occupational Safety and Health OSH Management Systems The factory does not have an appropriate epidemic/pandemic protocol related to COVID-19 in place. Review and update the COVID-19 Procedure. The compliance team reviewed the COVID-19 protocol to comply with the suggestions. Feb-21 Occupational Safety and Health Worker Protection The batteries terminals in the generator room were not covered. Train workers on electrical hazards. Install insulation cover. Insulation cover has been installed on the battery terminals. The daily checklist has been updated. Feb-21 Occupational Safety and Health Worker Protection Workers who are working at heights do not have PPE. Most workers do not use their masks to prevent the risks of exposure toCOVID-19. Provide employees with all necessary personal protective clothing and equipment according to PPE regulation. The Stock keeper is in charge of providing and renewing the PPEs. Feb-21 Occupational Safety and Health Welfare Facilities The water test results revealed the presence of colonies after 48 hours up to 65/ml. Request information from the supplier on the specifications and Provide safe drinking water to workers. The factory management decided to have another supplier. The Compliance manager is in charge of the monthly water test. 22 77 Feb-21 Occupational Safety and Health Welfare Facilities Insufficient number of Toilets. Increase the number of toilets. Feb-21 Occupational Safety and Health OSH Management Systems The factory does not record and submit work related accidents to OFATMA on a monthly basis. Assigns someone to record and submit work related accidents on a monthly basis. The work related accidents are sent to OFATMA each month starting from march 2021. Feb-21 Occupational Safety and Health Health Services and First Aid Less than 10 percent of the workforce trained in first aid. Provide additional training on first aid. Additional training has been conducted. Feb-21 Occupational Safety and Health Health Services and First Aid Two first aid boxes are missing supplies. Equip the first aid boxes and define who is responsible to check them. Have a daily-weekly check list. The first aid Boxes has been equipped. The Compliance manager is in charge of the verification on a daily basis. Feb-21 Occupational Safety and Health Health Services and First Aid Onsite medical facilities and staff is insufficient. Hire the required medical staff. Feb-21 Occupational Safety and Health Health Services and First Aid Annual medical checks are not provide to all workers. Provide health checks at not cost for workers. The health cards has been paid for the fiscal year 20192020. OFATMA came on February 2021 for the medical check.  Feb-21 Occupational Safety and Health Health Services and First Aid The factory did not show evidence of medical checks for workers who are exposed to work-related hazards. Provide health checks twice a year at not cost to workers who are exposed to work-related hazards. The Medical check has been conducted on February 2021. The Next medical check is scheduled for August 2021. Feb-21 Occupational Safety and Health Health Services and First Aid Management did not share evidence that medical checks were provided to workers in their first three months of hiring. Pay the CDS and provide free health checks to workers. The Payment for the fiscal year 2020-2021 has been done. Feb-21 Occupational Safety and Health Emergency Preparedness The last fire drill was conducted in July 2020, and the one before that, in November 2019. Conduct at least 2 emergency drill per calendar year every 6 months. 2 emergency drill has been conducted for the past 12 months. Feb-21 Occupational Safety and Health Emergency Preparedness Evacuation routes is obstructed during working hours. Provide more trainings to worker and provide additional space for storage. A training has been prepared to remind the importance of having the routes free of obstruction. 78 Feb-21 Occupational Safety and Health Emergency Preparedness Update the evacuation map. Then The escape routes are not clearly marked. The meeting point need to be Paint evacuation arrows and signs on the factory floor. relocated and the evacuation plans should be updated to accurately reflect the layout of the building. The evacuation arrows has been painted. Yellow line has been painted to show exit path way. Feb-21 Occupational Safety and Health Emergency Preparedness one fire extinguisher was undercharged Provide adequate firefighting equipment. in the forklift machine. A daily checklist has been implemented to verify the condition of the equipment. Feb-21 Occupational Safety and Health Emergency Preparedness Fire detection and alarm system is not synchronized. Have a fire detection and alarm system suitable for the factory conditions. The Alarm system has been verified and is working well. A weekly check list has been implemented for the verification. Feb-21 Occupational Safety and Health Chemicals and Hazardous Substances The eyewash station was not available in the mechanic shop where chemicals are used. Provide eye washing station or eye wash bottles where chemicals are used. Two eye wash stations have been installed. Feb-21 Occupational Safety and Health Chemicals and Hazardous Substances MSDS are not available for all chemical and hazardous substances used in the workplace. Prepare and post MSDS where chemicals are used. The MSDS have been translated and posted. Feb-21 Occupational Safety and Health Chemicals and Hazardous Substances Chemicals and hazardous substances were not properly labelled in the workplace.  Label all chemical and hazardous substances used in the workplace are. All containers in use have been labelled. Feb-21 Contract and Human Resources Employment Contracts The factory has an internal work rules approved by the Ministry of Labor. However, the break time and payroll time, are not included in the internal work rules. Include the break time and payroll time in the internal work rules. The update has been done in the Internal work rules. Feb-21 Contract and Human Resources Employment Contracts The factory's internal security officer did not receive the entire annual leave after one year of service. Have an agreement with the workers and request authorization from MAST. The factory has an agreement with the internal security agent to receive their Annual leave in a different period. Feb-21 Compensation Social Security and Other Benefits The factory did not provide proof of salary statements to OFATMA for the payment of the fiscal year 2020-2021 work related accident insurance. Discuss legal requirement with the company General Manager. Ensure that payment is made in a timely manner The factory is affiliated with OFATMA for accident insurance and made the payments for the fiscal year 2020-2021. 79 BETTER WORK HAITI – 25TH SYNTHESIS REPORT Factory: Location: Number of workers: Date of registration: Date of last two Better Work assessments: Notes: Caribbean Island Apparel Port-au-Prince 2839 Aug-13 Nov-21 Nov-22 Advisory and Training Services 25-Oct-22 Advisory meeting Virtual meeting with management on Factor status. Management informed about the suspension of several production lines and the decrease in lack of raw materials. Management about requires about information regarding cholera outbreak. Advisory will follow up to find relevant information. 04-Aug-22 31-May-22 25-Oct-21 Advisory meeting Training Advisory meeting Virtual meeting with management on the improvement plan. Review of the last PICC meeting and follow ups. Virtual Financial Literacy Discussion with management on ONA and OFATMA payment status. Discussion was also on the impact of fuel shortage on factory activities. ASSESSMENT COMPLIANCE CLUSTER COMPLIANCE POINT DETAILS OF NON COMPLIANCE Nov-22 Occupational Safety and Health OSH Management Systems Management has not properly defined authority for the OSH officer and the top management. Assign clear responsibilities to OSH officer and top management through regular job description updates. Nov-22 Occupational Safety and Health OSH Management Systems The factory does not have adequate emergency preparedness procedures. Include the missing criteria to have adequate emergency preparedness procedures. Nov-22 Occupational Safety and Health OSH Management Systems The hazard/risk management and control procedures are not adequate. Nov-22 Contracts and Human Resources Employment Contracts No evidence of performance evaluation procedures nor any investigations for violations of Human Resources policies and procedures. Include the missing criteria to have adequate hazard/risk management and control procedures. Submit and record actions and procedures to investigate, monitor and measure violations of HR policies. Nov-22 Contracts and Human Resources Employment Contracts The disciplinary and termination procedures are not adequate. Include the missing criteria in the disciplinary and termination procedures. Nov-22 Contracts and Human Resources Employment Contracts The grievance handling and dispute resolution procedures do not have all the necessary elements. Include the missing criteria in the grievance handling and dispute resolution procedures. Specify the grievance review and appeal processes and communication of changes made and/or resolution as appropriate. Nov-22 Working Time Regular Hours The regular working hours exceed the legal limit. Ensure that the regular hour do not exceed the limit of 8 hours per day. Nov-22 Occupational Safety and Health Emergency Preparedness Obstructed aisles were observed. Ensure that aisles remained unobstructed during the working hours. 14 Nov-22 Occupational Safety and Health Emergency Preparedness Unmarked escape route were observed. Mark all evacuation routes. 39 IMPROVEMENT PRIORITIES REMEDIATION EFFORTS MONTHS Assessment November 2022 80 Nov-22 Occupational Safety and Health OSH Management Systems Management didn't provide any structural safety certificate. Submit the structural safety certificate for verification purpose. Nov-22 Occupational Safety and Health Health Services and First Aid Insufficient doctor's visit. Have a permanent onsite medical service, with at least 3 doctor's visits per week. 14 Nov-22 Occupational Safety and Health Welfare Facilities Insufficient toilets for women and men. Provide adequate number of toilets for men and women. 46 Nov-22 Occupational Safety and Health Working Environment The level of lighting in the workplace is not adequate in several sections. Ensure adequate light levels in all production areas. Nov-22 Occupational Safety and Health Chemicals and Hazardous Substances The spot cleaning area is not isolated from the sewing area. Ensure that areas where chemical products are used are isolated and maintain in proper conditions to limit the exposure to chemicals. Nov-22 Occupational Safety and Health Chemicals and Hazardous Substances One unlabelled container (machine Gun) in the spot cleaning. Label all containers used in the workplace. Nov-22 Occupational Safety and Health Chemicals and Hazardous Substances The inventory of chemical and hazardous product was not accurate. Update the chemical inventory accordingly and include the name of all chemical and hazardous products used in the workplace. 14 Nov-22 Contracts and Human Resources Employment Contracts Payroll date and time, are not mentioned in the internal work rules. Edit the internal work rules and add payroll date and time. 14 Nov-22 Compensation Social Security and Other Benefits The annual salary supplement or bonus does not include the lunch break payment. Pay the lunch break. 14 Nov-22 Compensation Social Security and Other Benefits The factory did not send workers pay slip for the last 3 months to OFATMA for sick leave and maternity leave payment. Send the last 3 months to OFATMA for sick leave and maternity leave payment. 14 Nov-22 Compensation Social Security and Other Benefits The employer contribution to OFATMA is based on the minimum salary and does not include the lunch break payment and the payment is made late. Pay OFATMA on time and payment should be based on basic salary including the lunch break payment. Nov-22 Compensation Social Security and Other Benefits The factory did not share the salary declaration document that will enable assessors to verify if the fiscal year 2021-2022 is correctly paid. Pay 3 percent of workers' salary to OFATMA for accident insurance. Nov-22 Compensation Social Security and Other Benefits The contribution to ONA is based on the minimum salary and does not include the lunch break payment. The payment is also made late. Pay the ONA on time and accurately. Nov-22 Compensation Paid Leave The factory did not pay annual leave, Sick leave and maternity leave correctly because the payment of the lunch break is not included in the calculation. Pay the lunch break and include it in the calculation of all leaves. 14 Nov-22 Compensation Paid Leave The lunch break is not compensated in the payroll. Pay the lunch break. 14 Factory changed several light bulbs. 46 The issue was fixed during the assessment visit. Last payment was made in September 2022 for the month of August 2022. 14 The last payment was made in September 2022 for the month August 2022. 14 81 Nov-22 Compensation Paid Leave Maternity leave payments are based on an average earnings which does not include the lunch break payment. Pay the lunch break and include it in the calculation of maternity leaves. 14 Nov-22 Compensation Paid Leave Sick leave payment does not include the lunch break payment. Pay the lunch break and include it in the calculation of sick leaves. 14 Nov-22 Compensation Paid Leave The annual leave payment does not include the lunch break payment. Pay the lunch break and include it in the calculation of annual leave. 14 Nov-21 Occupational Safety and Health Emergency Preparedness Obstructed aisles in building 14 of the factory. Keep aisles free of any obstruction. Nov-21 Occupational Safety and Health Emergency Preparedness Unmarked escape routes. Mark all evacuation routes. Nov-21 Occupational Safety and Health Health Services and First Aid No first aid boxes available in building where workers are present. Install at least one first aid box in each Building. Nov-21 Occupational Safety and Health Health Services and First Aid Insufficient doctor's visit. Have a permanent onsite medical service, with at least 3 doctor's visits per week. Nov-21 Occupational Safety and Health Welfare Facilities Insufficient toilets for women and men. Provide adequate number of toilets for men and women. Nov-21 Occupational Safety and Health Working Environment Insufficient level of lighting. Ensure adequate light levels in all production areas. Nov-21 Occupational Safety and Health Working Environment Inadequate temperature levels. Keep temperature at an acceptable level in all production areas. Nov-21 Occupational Safety and Health Chemicals and Hazardous Substances Spot cleaning section where chemical products are used, is too close to the sewing section. Isolate the use of chemicals in the workplace. Nov-21 Occupational Safety and Health Chemicals and Hazardous Substances The chemical inventory was not accurate and did not include all chemicals used in the workplace. Update the chemical inventory accordingly. Nov-21 Contracts and Human Resources Employment Contracts The factory's internal work rules does not include the payroll date and time. Update the internal work rules and add payroll date and time. Nov-21 Contracts and Human Resources Employment Contracts Payment notice upon termination does not include lunch break payment. Pay the lunch break and include it in the calculation of all payments. Nov-21 Compensation Social Security and Other Benefits Pay the lunch break and include it in the calculation of all payments. Nov-21 Compensation Social Security and Other Benefits The calculation for annual salary supplement or bonus does not include the lunch break payment. Employer contribution to OFATMA is based on the minimum salary and does not include the lunch break payment. Assessment November 2021 Pay OFATMA on time and payment should be based on basic salary including the lunch break payment. Factory installed new fans. 82 Nov-21 Compensation Social Security and Other Benefits Workers' contribution to OFATMA is based on the minimum salary and does not include the lunch break payment. Pay OFATMA on time and payment should be based on basic salary including the lunch break payment. Nov-21 Compensation Social Security and Other Benefits The employer pays OFATMA 2 percent of the estimated salary for the fiscal year instead of 3 percent as prescribed by law. Pay 3 percent of workers' salary to OFATMA for accident insurance. Nov-21 Compensation Social Security and Other Benefits Late and inaccurate payment for worker's contributions to ONA. Pay ONA on time and payment should be based on basic salary including the lunch break payment. Nov-21 Compensation Social Security and Other Benefits Late and inaccurate payment for employer's contributions to ONA. Pay ONA on time and payment should be based on basic salary including the lunch break payment. Nov-21 Compensation Paid Leave Incorrect payment for annual leave, Sick leave and maternity leave. Pay the lunch break and include it in the calculation for all payments. Nov-21 Compensation Paid Leave Lunch break is not compensated.  Pay the lunch break and include it in the calculation for all payments. Nov-21 Compensation Paid Leave Maternity leave payment does not include the lunch break payment.   Pay the lunch break and include it in the calculation for all payments. Nov-21 Compensation Paid Leave Sick leave payment does not include the lunch break payment. Pay the lunch break and include it in the calculation for all payments. Nov-21 Compensation Paid Leave Annual leave payment does not include the lunch break payment. Pay the lunch break and include it in the calculation for all payments. 83 BETTER WORK HAITI – 25TH SYNTHESIS REPORT Factory: Location: Number of workers: Date of registration: Date of last two Better Work assessments: Class International Holdings LTD Ouanaminthe 343 Jan-20 Mar-21 May-22 Advisory and Training Services 16-Nov-22 Advisory meeting 25-Oct-22 Bipartite Committee Meeting Meeting to discuss about the new improvement plan. Chemical products inventory, evacuation plan to finalize. Follow up pending OSH documents that needs to be sent. Meeting with HR/ Compliance officer to review Improvement plan: Apprentice contract Policies and procedures: (HR, grievances, maternity...) Ofatma and ONA payments 25-Aug-22 Training BWH-TNG HIV/AIDS 17-Aug-22 Training Bipartite Committee 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 PR1Update 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 May-22 Working Time Regular Hours Workers did not punch in and out. IMPROVEMENT PRIORITIES REMEDIATION EFFORTS Ensure that workers are directly accountable for effectively 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. Factory is using the punch system. MONTHS Assessment May 2022 7 84 May-22 Working Time Leave Pregnant workers do not go on leave 6 weeks before giving birth. Ensure that pregnant workers go on leave 6 weeks before childbirth as specified in the Labor Code. Factory will make sure that workers go on maternity leave 6 weeks before giving birth. 21 May-22 Working Time Leave Workers did not receive 15 days of annual leave after one year of service, as required by law. The factory needs to provide workers with 15 days vacation after one year of service, as mandated by the labor laws. Factory will implement the policy as of this year. 21 May-22 Working Time Regular Hours The factory's regular hours exceed the legal limit.A Review the legal reuqirements to make sure that regular hours conform the the legal limit of 48 hours per week. May-22 Occupational Safety and Health Emergency Preparedness The total number of workers trained in fire- Provide training on the use of fire-fighting fighting is less 10 percent of the workforce equipment for at least 10% of the worker as recommended by Better Work. population. Factory will implement a training plan to train at least 10 percent of the workers. 21 May-22 Occupational Safety and Health Emergency Preparedness The factory does not conduct fire drills every 6 months as recommended. Conduct an evacuation drill every 6 months. Factory will schedule 2 fire drill for the balance of this year. 21 May-22 Occupational Safety and Health Emergency Preparedness Obstructed aisles in the sewing area and stock area. Ensure that routes are not obstructed. Work with OSH committee members, supervisors to perform routine tours of the factory. Provide adequate storage space to receive and store materials. Specify who conduct daily weekly checks. Products were removed from the aisles and there was a meeting with all of the material leaders to assure they don't do it again. 21 May-22 Occupational Safety and Health Emergency Preparedness workers are not aware of the risk and thus are not prepared for workplace emergencies. Prepare workers for workplace emergencies by providing proper training and informing workers about risks and dangers in the workplace. Signs have been posted on all exit doors. 7 May-22 Occupational Safety and Health Emergency Preparedness The evacuation plan f did not reflect the actual layout of the floor. Redesign the evacuation map to reflect the layout of the floor. Post evacuation maps where needed. Evacuation routes were redesign and posted in all areas 21 May-22 Occupational Safety and Health Emergency Preparedness Improper maintenance of fire extinguishers. Install adequate firefighting equipment in both building. Ensure regular maintenance. Work with OSH committees to randomly monitor and make sure that the equipment is in place & functioning. Factory plans to install new fire extinguishers in the new building. 21 21 85 May-22 Occupational Safety and Health Emergency Preparedness The factory does not have any alarm system and smoke detector install in both building. Make sure that both buildings have functioning alarm system and a smoke detector. Specify who is in charge of regularly checking its functioning. Include this in the monthly OSH self-assessment. Factory will install a fire detection system in the buildings. 21 May-22 Occupational Safety and Health Health Services and First Aid The total number of workers trained in first aid is less 10 percent of the workforce, as recommended by Better Work. Provide additional training on first aid to cover the 10 percent of the workforce. Have a system in place to track trained workers. Factory will prepare a training plan to complete the 10% and talk to CODEVI to implement the plan. 21 May-22 Occupational Safety and Health Health Services and First Aid First aid boxes have not been installed in the new building. First aids boxes in the old building are missing products. Define responsibility for filling first aid boxes and checking expired products. Install first aid boxes in new building. Make sure all first aid boxes are inspected regularly. First aid boxes were installed. 21 May-22 Occupational Safety and Health Health Services and First Aid The factory does not have onsite medical facilities and staff as required by art. 478 and 479 of the labor code. Factory should discussed with CODEVI administration to have an adequate medical facility capable of attending to its needs, as required by the labor code. The free zone has the medical services. 21 May-22 Occupational Safety and Health Health Services and First Aid The factory did not provide free annual medical checks to all workers. Provide annual health checks at not cost for the workers. Make the results available to the worker. Record when the health checks are conducted and when the next health check will take place. Specify who is in charge of monitoring health checks for the workers. The factory will work with CODEVI'S clinic to provide the medical checks. 21 May-22 Occupational Safety and Health Health Services and First Aid Medical checks was not provided to workers exposed to work-related hazards. Provide health checks twice a year at not cost for the workers exposed to workrelated hazards. 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 checks for the workers. The factory will work with CODEVI'S clinic to provide the medical checks. 21 May-22 Occupational Safety and Health Health Services and First Aid Workers did not receive a medical checks within the first 3 months of hiring. Provide health checks within their first 3 months of hiring at not cost for the workers. Make the results available to the worker. The factory will work with CODEVI'S clinic to provide the medical checks. 21 86 May-22 Occupational Safety and Health Welfare Facilities The drinking water is not tested on a monthly basis. Maintain an adequate supply of water for all workers and ensure that the water is tested on a monthly basis. We receive the water from a certified company. 21 May-22 Occupational Safety and Health Worker Protection The factory did check all workers and visitors body temperature upon entry in a systematic way. Systematically check all worker's body temperature upon entry and keep a registry for all persons who present a temperature of 38C and above. We have the form for the high temperature report. 21 May-22 Occupational Safety and Health Worker Protection 20 percent of the single needle machines were missing finger guards. Install finger guards on all single needle machine. May-22 Occupational Safety and Health Chemicals and Hazardous Substances No eye wash station has been installed in the chemical storage of the factory. The factory needs to install eyewash station in all areas where chemical products are stored and used. The eye wash station has been installed. 21 May-22 Occupational Safety and Health Chemicals and Hazardous Substances The factory did not provide training to people using chemical and hazardous substances. The factory needs to provide chemical safety training to all workers including supervisors that are using chemical products and hazardous substances. Appoint person and train them in the handling of chemical products 21 May-22 Occupational Safety and Health Chemicals and Hazardous Substances MSDS was not available for several products found in the workspace. . Identify a person responsible for chemical product management. 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. Complete MSDS folder of chemical products. 21 May-22 Occupational Safety and Health Chemicals and Hazardous Substances The chemical storage area was not properly constructed in the factories. Install an eye wash station in the facility. Limit access of other workers to the chemical storage. Provide (better) exhaust ventilation. Provide required PPE6. Post MSDS for all chemical in the storage areas. Assign responsibility for regular check (incl. wearing of PPEs) Complete the construction of the chemical warehouse and install the safety precautions 21 May-22 Occupational Safety and Health Chemicals and Hazardous Substances Unlabelled chemical spray gun found in the spot cleaning area. Define who is entitled to pour chemicals in other recipients and label them. Review the MSDS to know which pictograms are needed. Properly label chemicals and hazardous substances including name in various languages and hazard pictogram. Label has been placed on spray gun in the washing station and chemicals containers used in the area have been labelled. Factory provided pictures. 21 21 87 May-22 Occupational Safety and Health Chemicals and Hazardous Substances The factory keeps an inventory of chemicals that is not accurate. Assign responsible persons for updating inventories of 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 checking if the inventory is updated. Create chemical reception procedure. 21 May-22 Contracts and Human Resources Employment Contracts The factory's internal work rules are not approved by the ministry of labor. The internal work rules must be approved by the ministry of labor. Factory has submitted the internal work rules to the Ministry of Labor. They are still waiting for their approval. 21 May-22 Contracts and Human Resources Employment Contracts The apprentice contracts were not approved by the Ministry of Labor, as legally required. Apprentice contract must be submitted to the Ministry of labor for approval Factory has submitted the apprentice contracts to the Ministry of Labor. They are still waiting for their approval. 21 May-22 Occupational Safety and Health OSH Management Systems The factory does not record and submit work related accidents to OFATMA on a monthly basis. Submit work related accidents to OFATMA on a monthly basis.. Design a form to report accidents to OFATMA and create a registry folder 21 May-22 Occupational Safety and Health OSH Management Systems The OSH bipartite committee does not meet on a monthly basis. Hold regular monthly meeting, record the minutes of the meeting and share them with committee members. 21 May-22 Compensation Social Security and Other Benefits The calculation for annual salary supplement or bonus does not include the lunch break payment. Discuss legal requirements with the General Manager. Pay the lunch break and include the payment in the annual salary supplement or bonus calculation. 21 May-22 Compensation Social Security and Other Benefits The factory has not registered with OFATMA for maternity and health insurance. Work with OFATMA to complete the registration process. Management started the registration process. 21 May-22 Compensation Social Security and Other Benefits Management idoes not send workers' payslips for the last 3 months to OFATMA for payment of sick and maternity leave. Work with OFATMA to complete the registration process and send worker's payslips to OFATMA for sick leave and maternity leave payments. Management started the registration process.The factory makes the payments. 21 88 May-22 Compensation Social Security and Other Benefits The payment for OFATMA for accident insurance is late and the payment for the health Card is not included. Ensure that payment for work related accident is made in a timely manner. Ensure that all documentations are available during the evaluation period. Management has an agreement with OFATMA to pay in two instalments. 21 May-22 Compensation Social Security and Other Benefits ONA contributions is based on the minimum salary and it is not made on time. It does not include the lunch break payment. The factory needs to calculate ONA contribution based on the average daily earnings. The factory need to also pay the lunch break so it can be included in the average daily earnings. Submit ONA payments on time, within the first 10 working days of each month for the previous month. The factory management stated that all payment are manage by the administration of CODEVI they will follow up on that. 21 May-22 Compensation Paid Leave The factory pay workers incorrectly for annual leave, Sick leave, maternity leave and the daily break. The factory needs to apply the 3*8 law and pay for the lunch break. Include the payment in the calculation for all types of leave. Management will discuss the issue with CODEVI administration 21 May-22 Compensation Paid Leave The lunch breaks is not compensated in the payroll. Revise the payroll procedures to ensure that the daily break is accurately paid to all eligible workers. Communicate the new procedures to all relevant parties. Management will discuss the issue with CODEVI administration 21 May-22 Compensation Paid Leave The factory only pay six weeks for maternity leave and the lunch break payment is not included in the calculation of the average salary. Work with OFATMA to complete the registration process. Ensure that workers receive the correct amount of maternity leave payments as required by the labor code. Management will discuss the issue with CODEVI administration 21 May-22 Compensation Paid Leave The lunch break payment is not included in the calculation of the average salary payment for sick leave. Calculate sick leave on worker's daily average earnings as specified in Art. 148.2. Pay the lunch break and include the payment in the sick leave calculation. Management will discuss the issue with CODEVI administration 21 May-22 Compensation Paid Leave The lunch break payment is not included in the calculation of the average salary payment for annual leave. Calculate the annual leave on worker's daily average earnings as specified in Art. 148.2. Pay the lunch break and include the payment in annual leave calculation. Management will discuss the issue with CODEVI administration 21 Assessment March 2021 89 Mar-21 Child Labour Documentation and Protection of Young Workers Factory management did not shared any document for foreign workers to allow assessors to verify the reliability of their employment system. Factory need to provide all documents requested during the assessment process. Management explained that the park administration has the files of foreign workers. Factory shows evidence about corrections that has been made. Mar-21 Compensation Minimum Wages/Piece Rate Wages Full time Workers in the regular production line were being compensated as apprentice. Factory should that all workers who are in the regular production line receive the correct compensation for their work. According to the Compliance officer, corrections has been made and workers already received they pay. Mar-21 Compensation Paid Leave The factory pay workers incorrectly for annual leave, Sick leave, maternity leave and the daily break. The factory needs to apply the 3*8 law and pay for the lunch break. Include the payment in the calculation for all types of leave. Management will discuss the issue with CODEVI administration Mar-21 Compensation Paid Leave The lunch break payment is not included in the calculation of the average salary payment for sick leave. Calculate sick leave on worker's daily average earnings as specified in Art. 148.2. Pay the lunch break and include the payment in the sick leave calculation. Management will discuss the issue with CODEVI administration Mar-21 Compensation Paid Leave The factory only pay six weeks for maternity leave and the lunch break payment is not included in the calculation of the average salary.. Work with OFATMA to complete the registration process. Ensure that workers receive the correct amount of maternity leave payments as required by the labor code. Management will discuss the issue with CODEVI administration Mar-21 Compensation Paid Leave The lunch breaks is not compensated in the payroll. Revise the payroll procedures to ensure that the daily break is accurately paid to all eligible workers. Communicate the new procedures to all relevant parties. Management will discuss the issue with CODEVI administration Mar-21 Compensation Paid Leave The factory pay workers incorrectly for annual leave, Sick leave, maternity leave and the daily break. The factory needs to apply the 3*8 law and pay for the lunch break. Include the payment in the calculation for all types of leave. Management will discuss the issue with CODEVI administration Mar-21 Compensation Social Security and Other Benefits The payment for OFATMA for accident insurance is late and the payment for the health Card has is not included. 1. Ensure that payment for work related accident is made in a timely manner.  2. Ensure that all documentations are available during the evaluation period. 90 Mar-21 Compensation Social Security and Other Benefits The factory does not send workers' payslips for the last 3 months to OFATMA for payment of sick and maternity leave. Send worker's payslips to OFATMA for maternity and sick leave. The factory makes the payments, but only for six week. Factory will discuss the matte with CODEVI administration. Mar-21 Compensation Social Security and Other Benefits ONA contributions is based on the minimum salary and it is not made on time. It does not include the lunch break payment. 1. The factory needs to calculate ONA contribution based on the average daily earnings.  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 days of each month for the previous month. Mar-21 Compensation Social Security and Other Benefits The factory has not registered with OFATMA for maternity and health insurance. Work with OFATMA to complete the registration process. Mar-21 Contracts and Human Resources Employment Contracts A review of worker contracts revealed that the apprentice contracts were not approved by the Ministry of Labor, as legally required. Submit apprentice contract to the MAST for approval. Mar-21 Contracts and Human Resources Employment Contracts The factory does not have an internal work rules approved by the Ministry of Labor. Follow up with the Ministry of Labor to receive approval for the internal work rules. The factory's internal work rules have been submitted to the Ministry of Labor for proper authorization. Mar-21 Contracts and Human Resources Termination The factory pay workers incorrectly for the applicable notice period upon termination. The factory needs to apply the 3*8 law and pay for the lunch break. Include the payment in the calculation of the payment for the applicable notice period. Management will discuss the issue with CODEVI administration Mar-21 Contracts and Human Resources Termination The calculation for the payment of unused paid annual leave does not include the lunch break payment. The factory needs to apply the 3*8 law and pay for the lunch break. Include the payment in the calculation of the payment for the applicable notice period. Management will discuss the issue with CODEVI administration Mar-21 Contracts and Human Resources Termination The calculation for the payment of annual salary supplement or bonus upon termination is incorrect because it does not include the lunch break payment. The factory needs to apply the 3*8 law and pay for the lunch break. Include the payment in the calculation of the payment for the applicable notice period. Management will discuss the issue with CODEVI administration Mar-21 Contracts and Human Resources Termination Management did not show evidence of advance notice to the ministry of labour for temporary suspension. Factory should inform the ministry of any temporary suspension that will take place. 91 Mar-21 Occupational Safety and Health OSH Management Systems Management's interviewed revealed that work related accident are not reported to OFATMA monthly. Submit work related accident to OFATMA on a monthly basis. Mar-21 Occupational Safety and Health Chemicals and Hazardous Substances The chemical product inventory is not accurate. It does not include all the products used in the workplace. Keep an updated inventory. Assign somebody to review the inventory on a regular basis. Mar-21 Occupational Safety and Health Chemicals and Hazardous Substances Several containers of chemical products were found without label. Label all containers of chemical products used in the workplace Mar-21 Occupational Safety and Health Chemicals and Hazardous Substances No MSDS were available for chemicals used in the workplace. Post MSDS where chemical products are used and stored. Mar-21 Occupational Safety and Health Chemicals and Hazardous Substances Factory did not provide training for workers using chemical and hazardous substances. Train all workers who are using chemical and hazardous substances in the use and handling of such products. Mar-21 Occupational Safety and Health Chemicals and Hazardous Substances The eye wash station does not function properly. Install a functioning eye wash station where chemical and hazardous substances are used and stored. Mar-21 Occupational Safety and Health Worker Protection 20 percent of the single needle machines were missing finger guards. Install eye guards on all sewing machines. Mar-21 Occupational Safety and Health Worker Protection The factory did not check the body temperature of all workers as well as the visitors. Check all workers' and visitors' body temperature upon entry and keep a record for those who have a body temperature of 38C or above. Mar-21 Occupational Safety and Health Working Environment Workplace temperature is above the recommended 30C. Install fans or a cooling system to maintain the temperature at 30C or below. Mar-21 Occupational Safety and Health Working Environment Light level is unacceptable. Improve the lighting system to provide better lighting for the workers. Follow Better work's recommended lighting levels. Mar-21 Occupational Safety and Health Welfare Facilities The drinking water is not tested on a monthly basis. Maintain an adequate supply of water for all workers and ensure that the water is tested on a monthly basis. This non compliance has been cleared. Evidences has been sent. Training has been done for the workers and supervisors. Access has been limited to non authorized workers. Correction has been done. Evidence has been sent. 92 Mar-21 Occupational Safety and Health Health Services and First Aid Workers did not receive the health cards within the first 3 months of hiring, although the factory paid for the health card (CDS). Follow up with OFATMA to provide the medical test as well as the health card. Mar-21 Occupational Safety and Health Health Services and First Aid Medical checks was not provided to workers exposed to work-related hazards. Provide health checks twice a year at not cost for the workers exposed to workrelated hazards. 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 checks for the workers. The factory will work with CODEVI'S clinic to provide the medical checks. Mar-21 Occupational Safety and Health Health Services and First Aid The factory did not provide free annual medical checks to all workers. Provide annual health checks at not cost for the workers. 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 checks for the workers The factory will work with CODEVI'S clinic to provide the medical checks. Mar-21 Occupational Safety and Health Health Services and First Aid The factory does not have onsite medical facilities and staff as required by art. 478 and 479 of the labor code. Factory should discussed with CODEVI administration to have an adequate medical facility capable of attending to its needs, as required by the labor code. The free zone has the medical services. Mar-21 Occupational Safety and Health Health Services and First Aid First aid boxes contained expired products.. Develop a checklist for the first aid boxes. Assign somebody to inspect them on a daily basis. Mar-21 Occupational Safety and Health Health Services and First Aid Less 10 percent of the workforce is trained in first aid as recommended by Better Work. Provide training to at least 10 percent of the workforce. Mar-21 Occupational Safety and Health Emergency Preparedness The factory does not have any alarm system and smoke detector install in both building. Install the proper fire detection system in the workplace. Mar-21 Occupational Safety and Health Emergency Preparedness Improper maintenance of fire extinguishers. Factory needs to develop a maintenance plan and inspect the fire extinguishers on a monthly basis. Yearly maintenance to be done by a certified company. Mar-21 Occupational Safety and Health Emergency Preparedness The evacuation plan is inaccurate. Update the evacuation plan and post it on the floor. Mar-21 Occupational Safety and Health Emergency Preparedness Obstructed aisles in cutting area and Fabric warehouse by fabric. Keep all aisles free of obstruction. Factory will develop a training plan. Factory will develop a maintenance schedule. 93 Mar-21 Occupational Safety and Health Emergency Preparedness Fire drills are not conducted every 6 months as recommended by Better Work. Conduct fire drills every six months. Mar-21 Occupational Safety and Health Emergency Preparedness Less than 10 percent of workers were trained in the use of fire-fighting equipment. Provide training to at least 10 percent of the workforce in the use of fire fighting equipment. Mar-21 Working Time Regular Hours The regular working hours exceed the legal limit. Review the work rules to ensure 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 and the attendance record is not signed by the workers. Ensure that workers are directly accountable for effectively 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. Mar-21 Working Time Leave Workers did not receive 15 days of annual leave after one year of service, as required by law. The factory needs to provide workers with 15 days vacation after one year of service, as mandated by the labor laws. Mar-21 Working Time Leave Pregnant workers do not go on leave 6 weeks before giving birth. Ensure that pregnant workers go on leave 6 weeks before childbirth as specified in the Labor Code. Factory will make sure that workers go on maternity leave 6 weeks before giving birth. Mar-21 Contracts and Human Resources Employment Contracts The factory has an HR policy that is not signed by top management. Have management sign the HR policy. Management will review and sign the policy. Mar-21 Contracts and Human Resources Employment Contracts The internal work rules are not posted on the floor. The factory need to post internal regulations on the floor and trained staff on how to carry out policies and procedures. Mar-21 Contracts and Human Resources Employment Contracts No. The employer does not properly investigates monitors and measures OSH issues. The factory should investigate OSH issues through: 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 Mar-21 Contracts and Human Resources Employment Contracts The factory has disciplinary and termination procedures that does not include all the necessary steps. Review the procedure to include a step by step warning system, the right to defend oneself prior to termination and to representation during the disciplinary process. Factory will develop a training plan. They stopped using the punch system during COVID, but they will start using it again once they set it up. 94 Mar-21 Contracts and Human Resources Employment Contracts No. The factory does have a grievance handling and dispute resolution but it is not a written procedure. Review the procedure in the collaboration with the worker representatives. Have it in a local language, inform workers about the procedure and post it on the floor. Include clear options for submitting grievances and follow up actions. Mar-21 Occupational Safety and Health OSH Management Systems No. Management did not properly assigns accountability at the level of management and OSH committee for carrying out Health and Safety responsibilities Management should appoint an OSH officer with sufficient expertise and make sure that the committee is functioning by holding regular monthly meetings. Mar-21 Occupational Safety and Health OSH Management Systems The factory does not adequately communicate and implement OSH policies and procedures. The factory needs to train the committee members on relevant OSH issues, post the OSH policy on the floor and post the names and pictures of committee members. Mar-21 Occupational Safety and Health OSH Management Systems No. The employer does not properly investigates monitors and measures OSH issues. The factory should investigate OSH issues through: 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 Mar-21 Occupational Safety and Health OSH Management Systems The factory's emergency preparedness procedure is in Spanish and does not include all the necessary elements. Review the procedure to include evacuation of employees to designated assembly location and accounting for all employees after an evacuation. Factory will review the procedure. 95 BETTER WORK HAITI – 25TH SYNTHESIS REPORT Factory: Location: Number of workers: Date of registration: Date of last two Better Work assessments: Cleveland Manufacturing S.A. Arrondissement de Port-au-Prince 2033 Jul-16 Nov-21 Nov-22 Advisory and Training Services 31-Oct-22 Virtual advisory meeting Virtual meeting with the compliance team to review the improvement plan: Social security, worker protection. Virtual OSH tour: working environment, emergency preparedness and Interview with workers. 31-Aug-22 Virtual advisory meeting Virtual OSH tour: electrical safety and emergency preparedness. meeting with the OSH committee on emergency exit and role of the committee. meeting with the compliance team: Session on HR management systems, OSH management systems and follow up on compensation. 17-Jun-22 3-Jun-22 6-May-22 Training Training Virtual advisory meeting Virtual Negotiation Skills Virtual Workers' Rights & Responsibilities Virtual OSH tour: emergency preparedness. interviews with newly hired workers : recruitment process and employee contract. Interviews with OSH committee members: participation in the monthly health and safety assessment and emergency preparedness. Meeting with the compliance team to review: medical staff contract, hours worked on Sunday in the payroll and pending OSH issues to validate the portal. Conduct GBVH gap analysis. 31-May-22 6-May-22 Training Virtual advisory meeting 28-Apr-22 25-Mar-22 Training Virtual advisory meeting Virtual Financial Literacy. 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. Virtual OSH Event Workshop. 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 ASSESSMENT COMPLIANCE CLUSTER COMPLIANCE POINT Virtual Sexual Harassment Awareness and Prevention. DETAILS OF NON COMPLIANCE IMPROVEMENT PRIORITIES REMEDIATION EFFORTS MONTHS Assessment September 2022 Nov-22 Working Time Leave Workers received 12 days of annual leave instead of the 15 days as prescribed by law. Provide 15 days of annual leave to workers after one year of service. 13 96 Nov-22 Working Time Regular Hours Ensure that all working hours are Working hours on Sunday are The hours worked on Sunday are recorded in the payroll. not computed nor displayed in the displayed in the payroll. payroll. 13 Nov-22 Working Time Regular Hours The regular working hours is equivalent to 9 hours per day and 54 hours per week. Revise the internal regulations and make sure that the regular hours do not exceed 48 hours per week. 13 Nov-22 Occupational Safety and Health Emergency Preparedness Improper maintenance of electrical wiring and presence of hazardous materials near electrical system. Provide additional training to workers on electrical hazards. The factory has a very special space to recharge bulbs and telephones and additional training on electrical hazards has been provided to workers. Pictures on electrical hazards has been displayed on the floor. Furthermore, management keep a maintenance records for the forklift 70 Remind supervisors about their responsibility to enforce OSH in their area. Identify additional storage area. Review and update the internal audit procedure. Repaint the factory floors and updated the evacuation maps. Then post the maps. Additional space have been identified and also the factory is using containers to stored finished products. 33 The fabric warehouse has been marked and evacuation arrows are visible to workers. The Compliance Officer is responsible for the daily checks 1 Display picture of electrical hazards on the floor. Develop a maintenance plan for forklift equipment Nov-22 Occupational Safety and Health Emergency Preparedness Obstructed aisles and exit doors. Nov-22 Occupational Safety and Health Emergency Preparedness Evacuation maps are not consistent with the layout of the factory floors. Nov-22 Occupational Safety and Health Emergency Preparedness Obstructed fire extinguishers. Set up additional workshop for workers. Marking on the floor, review and update the internal audit procedure. Set up additional workshop for workers. Review and update the internal audit procedure. 54 Nov-22 Occupational Safety and Health Health Services and First Aid Insufficient medical staff. Hire additional medical staff to have at least 10 nurses for the current workforce. The factory hired 6 additional nurses. The medical staff has 10 nurses. 27 Nov-22 Occupational Safety and Health Health Services and First Aid Workers had not received an annual health check performed by OFTAMA as prescribed by law. Discuss the legal requirements with the General Manager then pay the health cards. 69 97 Nov-22 Occupational Safety and Health Health Services and First Aid Newly hired workers have not received the health cards within the first 3 month of hiring. 27 Discuss the legal requirements with the General Manager Pay the health cards. keep record of the invoice received from OFATMA for work related accident. Ensure that workers received the health cards within the first 3 month of hiring. Nov-22 Occupational Safety and Health Welfare Facilities Insufficient number of toilets. Discuss the legal requirements with the General Manager. Then, Increase the number of toilet. 27 Nov-22 Occupational Safety and Health Working Environment Working environment is not properly maintained. 13 Nov-22 Occupational Safety and Health Working Environment Lux level is insufficient in several sections. Ensure that working environment is clean and tidy. Factory should periodically clean the workspace during workhours. Increase the light level to reach 300 lux in Pressing section, 500 lux in Sewing, cutting, packing. 750 lux in trimming and Inspection section. Nov-22 Occupational Safety and Health Working Environment Workplace temperature exceed 30 C in all buildings. Increase the ventilation with additional fans. Specify who is in charge of regular maintenance of the fans. Nov-22 Occupational Safety and Health Worker Protection Improper maintenance of electrical wiring. Provide additional training for workers and supervisors on electrical safety. Display picture of electrical hazards. Include this aspects in the daily and weekly checks. The factory has installed more light and transparent Skylight Sheet. Based on the monitoring system shared with the advisor, the lux level is in compliance. 13 69 Training has been provided to workers and supervisors on electrical safety. 69 98 Nov-22 Occupational Safety and Health Chemicals and Hazardous Substances The spot cleaning area where chemicals are used, does not have an adequate eye washing station. Provide additional training for workers and supervisors. Review and update the internal audit procedure. Install eye wash station where chemicals are used in stored. Nov-22 Occupational Safety and Health Chemicals and Hazardous Substances Chemicals and hazardous products are not stored in the proper container and identified. Provide additional training for workers and supervisors Eye wash bottles have been installed where chemicals are used and stored. 13 69 Review and update the internal audit procedure Nov-22 Contracts and Human Resources Termination The calculation of the average salary for bonus upon termination does not include the lunch break payment. Discuss legal requirements with the General Manager, pay the lunch break and include the payment in the average salary. 13 Nov-22 Contracts and Human Resources Termination The calculation of the average salary unused paid annual leave upon termination does not include the lunch break payment. Discuss legal requirements with the General Manager, pay the lunch break and include the payment in the average salary. 13 Nov-22 Contracts and Human Resources Termination The calculation for the applicable notice period upon termination does not include the lunch break payment. Discuss legal requirements with the General Manager, pay the lunch break and include the payment in the calculation of the notice period. 13 Nov-22 Contracts and Human Resources Employment Contracts Several workers did not receive a copy of the contract. Provide a contract to all employees. Nov-22 Compensation Social Security and Other Benefits The calculation for annual salary supplement or bonus does not include the lunch break payment. Discuss legal requirements with the General Manager, pay the lunch break and include the payment in the annual salary supplement or bonus. The company has delivered contracts to more than 90% of the employees. 33 13 99 Nov-22 Compensation Social Security and Other Benefits Workers' and employer's contribution to OFATMA for maternity and health insurance is not accurate and is forwarded late. Discuss legal requirements with the General Manager, pay the lunch break and Forward worker's contribution to OFATMA within the first 10 business days of the next month for the previous month. Nov-22 Compensation Social Security and Other Benefits Assessors were not able to verify the payment for OFATMA work related accident insurance. Keep records of the invoice received from OFATMA. Pay OFATMA work related accident on time. Nov-22 Compensation Social Security and Other Benefits The employer does not forward the collected contribution to ONA on a monthly basis. Discuss legal requirements with the 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. Payments are made until the month of November 2021. 69 69 The factory has an agreement for the payment plan of the balances of the company towards ONA. 69 -Between January 2022 and February 2022 we make several payments -We will continue with the payments later even the current situation of the country Nov-22 Compensation Social Security and Other Benefits The employer's contribution to ONA is not calculated on workers' average salary and does not include the lunch break payment. Discuss legal requirements with the General Manager, pay the lunch break and Forward employer contribution to ONA within the first 10 business days of the next month for the previous month. 69 Nov-22 Compensation Paid Leave The factory did not pay annual leave, Sick leave, maternity leave and the daily break correctly. 13 Nov-22 Compensation Paid Leave The lunch break is not compensated. Discuss legal requirements with the General Manager. Pay the lunch break and include it in the calculation of annual leave sick leave maternity Discuss legal requirements with the General Manager and pay the lunch break. Nov-22 Compensation Paid Leave Eligible workers received 6 weeks of maternity leave instead of the 12 weeks, as prescribed by the law. Eligible workers mut be provided 12 weeks of maternity leave. 6 weeks before delivery and 6 weeks after delivery. 13 13 100 Nov-22 Compensation Paid Leave The calculation for sick leave payment does not include the lunch break payment. Discuss legal requirements with the General Manager. Then, pay the lunch break and include it in the calculation of sick leave. 13 Nov-22 Compensation Paid Leave The calculation of the annual leave Discuss legal requirements with the General Manager. Then, pay payment does not include the the lunch break and include it in lunch break payment. the calculation of annual leave. 13 Assessment November 2021 Provide 15 days of annual leave to workers after one year of service. Nov-21 Working Time Leave Workers received 12 days of annual leave instead of the 15 days as prescribed by law. Nov-21 Working Time Regular Hours Ensure that all working hours are Working hours on Sunday are The hours worked on Sunday are recorded in the payroll. not computed nor displayed in the displayed in the payroll. payroll. Nov-21 Working Time Regular Hours The regular working hours are from 7:00 AM to 4:00 PM (including a 1 hour daily break), (6) days per week, which is equivalent to 9 hours per day and 54 hours per week. Revise the internal regulations and make sure that the regular hours do not exceed 48 hours per week. Nov-21 Occupational Safety and Health Emergency Preparedness Sources of ignition are not properly safeguarded. Provide additional training to workers on electrical hazards. Display picture of electrical hazards on the floor. Nov-21 Occupational Safety and Health Emergency Preparedness Obstructed exit doors and escape routes. Remind supervisors about their responsibility to enforce OSH in their area. Review and update the internal audit procedure. Nov-21 Occupational Safety and Health Emergency Preparedness Escape routes are not clearly marked in one building. Paint evacuation arrows and yellow lines on the floor to show the exit pathway. Specify who conducts additional daily/weekly checks. Additional space have been identified and also the factory is using containers to stored finished products. 101 Nov-21 Occupational Safety and Health Emergency Preparedness Two fire extinguishers were obstructed and not readily accessible. Set up additional workshop for workers. Review and update the internal audit procedure. Nov-21 Occupational Safety and Health Health Services and First Aid Insufficient medical staff. Hire additional medical staff to have at least 10 nurses for the current workforce. Nov-21 Occupational Safety and Health Health Services and First Aid Workers did not received an annual health check performed by OFTAMA as prescribed by law. Discuss the legal requirements with the General Manager. Pay for the health card. Provide free annual health checks to all workers. Nov-21 Occupational Safety and Health Health Services and First Aid Newly hired workers have not received the health card nor a free health check within the first 3 month of hiring. Pay the health card. keep record of the invoice received from OFATMA for work related accident. Ensure that workers received the health cards within the first 3 month of hiring. Nov-21 Occupational Safety and Health Welfare Facilities Insufficient number of toilets. Increase the number of toilet to have at least one toilet for every 25 men and one toilet for every 15 women. Nov-21 Occupational Safety and Health Working Environment Workplace is not kept free of dust and used material are scattered around. Have in place a housekeeping plan. Nov-21 Occupational Safety and Health Working Environment Light level is insufficient in several sections. Increase the light level to reach 300 lux in Pressing section, 500 lux in Sewing, cutting, packing. 750 lux in trimming, Inspection section. Nov-21 Occupational Safety and Health Working Environment Workplace temperature exceed 30 C in all buildings. Increase the ventilation with additional fans. Conduct regular measurement of temperature & compare with threshold value. The factory hired 6 additional nurses. The medical staff has 10 nurses. 102 Nov-21 Occupational Safety and Health Worker Protection Improper maintenance of electrical wiring system. Display picture of electrical hazards. Include this aspects in the daily and weekly checks. Perform regular maintenance of electrical system. Nov-21 Occupational Safety and Health Chemicals and Hazardous Substances The spot cleaning area, where chemicals are used, does not have an adequate eye wash station. Review and update the internal audit procedure. Install an eye wash station near the spot cleaning area. Nov-21 Occupational Safety and Health Chemicals and Hazardous Substances Unlabelled containers of chemical and hazardous substances found in the workplace. Provide additional training for workers and supervisors. Review and update the internal audit procedure. Label all containers. Nov-21 Contracts and Human Resources Termination Pay the lunch break and The payment calculation for the annual bonus does not include the include the payment in the average salary. lunch break payment. Nov-21 Contracts and Human Resources Termination The payment for unused paid annual leave upon termination does not include the lunch break payment. Pay the lunch break and include the payment in the average salary. Nov-21 Contracts and Human Resources Termination The payment for the applicable notice period does not include the lunch break payment. Pay the lunch break and include the payment in the calculation of the notice period. Nov-21 Contracts and Human Resources Employment Contracts Several workers did not receive a copy of the contract. Provide a contract to all employees. Nov-21 Compensation Social Security and Other Benefits The payment calculation for the annual salary supplement or bonus does not include the lunch break payment. Pay the lunch break and include the payment in the annual salary supplement or bonus. Nov-21 Compensation Social Security and Other Benefits Workers' and employer's contribution to OFATMA for maternity and health insurance is not accurate and is forwarded late. Pay the lunch break and forward worker's contribution to OFATMA within the first 10 business days of the next month for the previous month. Eye wash bottles have been installed where chemicals are used and stored. 103 Nov-21 Compensation Social Security and Other Benefits Assessors were not able to verify the payment for OFATMA work related accident insurance. Keep records of the invoice received from OFATMA. Pay OFATMA work related accident on time. Nov-21 Occupational Safety and Health Social Security and Other Benefits The employer does not forward the collected contribution to ONA on a monthly basis. Nov-21 Occupational Safety and Health Social Security and Other Benefits The employer's contribution to ONA is not calculated on workers' average salary and does not include the lunch break payment. 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 Pay the lunch break and forward employer contribution to ONA within the first 10 business days of the next month for the previous month. Nov-21 Compensation Paid Leave The factory did not pay annual leave, Sick leave, maternity leave and the daily break correctly. Pay the lunch break and include it in the calculation of annual leave, sick leave, maternity leave. Nov-21 Compensation Paid Leave The lunch break is not compensated in the payroll. Pay the lunch break. Nov-21 Compensation Paid Leave Workers received 6 weeks of maternity leave payments instead of the 12 weeks prescribed by the law. Discuss legal requirements with the General Manager. Pay the lunch break and include the it in the calculation of the maternity leave payment. Nov-21 Compensation Paid Leave Sick leave payments are based on average daily earnings. However, the calculation does not include the lunch break payment. Discuss legal requirements with the General Manager. Pay the lunch break and include it in the calculation of sick leave. Nov-21 Compensation Paid Leave The daily break is not compensated and not included in the calculation of the annual leave payment. Discuss legal requirements with the General Manager Pay the lunch break and include it in the calculation of annual leave. 104 BETTER WORK HAITI – 25TH SYNTHESIS REPORT Factory: Location: Number of workers: Date of registration: Date of last two Better Work assessments: Digneron Manufacturing SA Arrondissement de Croix-des-Bouquets 1625 Oct-18 Feb-21 Mar-22 Notes From September 15,2022, Digneron was closed. Reopened for 1 day On October 5. Until now it has not reopened. Management released a note explaining the socio-political situation forced them to close its doors and to put its worker on temporary layoff. Advisory and Training Services 12-Aug-22 Virtual advisory meeting Meeting with management on management system and elements of the working contracts. Factory informed on security concerns that prevent them from working during a couple days. Factory to send proof of notification to MAST. Update of the improvement plan and factory to edit the PR1 as requested by the advisor. 10-Jun-22 Virtual advisory meeting Virtual Meeting with management on the improvement plan newly uploaded. Virtual factory tour with two OSH committee members and recapitulation of the floor observation. 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. ASSESSMENT COMPLIANCE CLUSTER COMPLIANCE POINT DETAILS OF NON COMPLIANCE Mar-22 Compensation Social Security and Other Benefits Factory made a partial payment for OFATMA work related accident insurance for fiscal year 2021- 2022. The factory did not pay for the health card (CDS). Complete the balance of payment for the OFATMA work related accident insurance. Request the timeline for the payment of the remaining balance and the invoice for the Health Card (CDS). Mar-22 Compensation Social Security and Other Benefits Contributions for OFATMA maternity and health insurance are submitted late. Submit the contribution to OFATMA for maternity and health insurance on time, within for the 10 working days of the month. Factory is trying to reduce the delay in the payment of OFATMA. Last payment was made on May 24 for the month of March 2022. However the security concern is a big challenge. 45 Mar-22 Compensation Social Security and Other Benefits Contributions to ONA is submitted late. Submit the contribution to ONA on time, within for the 10 working days of the month. Factory is trying to reduce the delay in the payment of OFATMA. Last payment was made on May 25 for the month of March 2022. However, the security concern is a big challenge. 45 IMPROVEMENT PRIORITIES REMEDIATION EFFORTS MONTHS Assessment March 2022 49 105 Update the internal work rules to include the time, day and the hour of the payroll. Submit the internal work rules to MAST for approval. The employer has notified the change in working hours schedule to the Ministry of Labor. 28 Mar-22 Contracts and Human Resources Employment Contracts The day of the payroll, including time, is not mentioned in the internal work rules as specified in the Labor Code. Mar-22 Occupational Safety and Health OSH Management Systems The factory did not share any structural safety Provide the certificate certifying that certificate for the building. the building meets the safety requirements for an industrial structure. Mar-22 Occupational Safety and Health Chemicals and Hazardous Substances Assessors found several containers without labelling, indicating the classification hazards and safety precautions. The tanks containing diesel have Label all containers of chemicals used been identified. within the factory properly, by indicating the classification hazards and safety precautions. . 42 Mar-22 Occupational Safety and Health Worker Protection Seven percent of the sewing machines were observed without pulley guards. Ensure that sewing machine have all the necessary guards. 10 Mar-22 Occupational Safety and Health Worker Protection The batteries terminals in the generator room were not covered. Cover the battery terminals located in the generator room. 10 The battery terminals are properly covered. 9 106 Mar-22 Occupational Safety and Health Health Services and First Aid Medical checks was not provided to workers using chemicals. Pay the CDS and request that OFATMA Factory wrote several letters to provides the necessary medical checks. OFATMA requesting an invoice for the payment of the health cards. However, no response from OFATMA. 45 Mar-22 Occupational Safety and Health Health Services and First Aid Medical checks was not provided to workers within the first three months of employment. Pay the CDS and request that OFATMA Factory wrote several letters to provides the necessary medical checks. OFATMA requesting an invoice for the payment of the health cards. However, no response from OFATMA. 45 Mar-22 Occupational Safety and Health Health Services and First Aid Annual medical checks was not provided to workers. Pay the CDS and request that OFATMA Factory wrote several letters to provides the necessary medical checks. OFATMA requesting an invoice for the payment of the health cards. However, no response from OFATMA. 45 Mar-22 Occupational Safety and Health Health Services and First Aid The number of nurses is insufficient. Hire more nurses to be in compliance with the law. 45 Mar-22 Occupational Safety and Health Health Services and First Aid First-aid trainings are provided by the factory's compliance Officer, who is not certified as a trainer. Ensure that 10 percent of the workforce is trained in first-aid. Training should be provided by a certified first aid trainer. 10 Mar-22 Occupational Safety and Health Emergency Preparedness Seven fire extinguishers were missing in the workplace. Ensure that the fire extinguishers are located as per as the indications. Mar-22 Occupational Safety and Health Emergency Preparedness Escape routes are not clearly marked in several areas on the floor. Mark all escape routes. Mar-22 Working Time Regular Hours The factory did not provide the required break Inform the pregnant workers of the to pregnant women. breaks they are entitled to. Missing fire extinguisher were added. 42 45 The policy has been updated. The pregnant women were trained on the new policy. 17 107 Assessment February 2021 Feb-21 Compensation Method of Payment Salary payment made 5 days after the payday and also the payment is made very late on that day until 6pm. Pay workers' salary on time. A new calendar has been established. The factory will monitored the new system for effectiveness. Feb-21 Compensation Social Security and Other Benefits Employer's deduction to ONA is consistently submitted late. Pay within the first 10 business days of The factory hired a firm to the next month for the previous month. complete this task of forwarding 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 Benefits Worker's deduction to ONA is consistently submitted late. Pay within the first 10 business days of The payment is made within the the next month for the previous month. first 10 business days of the next month for the previous month. Factory has contracted an external firm to execute the payment on time. Feb-21 Compensation Social Security and Other Benefits Proof of payment for OFATMA accident insurance is unavailable at the time of the assessment visit. Complete the payment for fiscal 20202021. Ensure that CDS is included in the invoice. Pay the health card.(CDS) Feb-21 Compensation Social Security and Other Benefits Employer's contribution for OFATMA maternity and health payment is consistently submitted late. Factory made the payment within Ensure that the monthly payment is made within the 10 first working days of the 10 first working days of the following month. Factory has the following month. contracted an external firm to execute the payment on time. Feb-21 Compensation Social Security and Other Benefits Workers deduction to OFATMA is consistently submitted late. The payment is made within the Ensure that the monthly payment is made within the 10 first working days of 10 first working days of the following month. the following month. Feb-21 Contract and Human Resources Employment Contracts Internal work rules are missing the working hours. Update the internal work rules to include the working hours. Feb-21 Occupational Safety and Health Chemicals and Hazardous Substances Several unlabelled chemicals found in the workplace. Label all the chemical used in the factory. Feb-21 Occupational Safety and Health Chemicals and Hazardous Substances The chemical storage room was inside the premise with no appropriate ventilation. Store the chemical in appropriate conditions. Feb-21 Occupational Safety and Health Worker Protection Electrical wires were not properly installed in the cafeteria. Ensure that electrical wires are safeguarded in the cafeteria. The factory has sent letter to OFATMA asking for the invoice. All containers were properly label at the time of the assessment visit. An awareness session was organized following the assessment visit with the workers using chemicals. The chemical room has been relocated outside the premises and the room is now properly ventilated surrounded by a fence wall. The electrical wire was removed during the assessment visit. 108 Feb-21 Occupational Safety and Health Worker Protection Two electrical panels were missing hazard signs. Place hazard signs on all electrical panels. Feb-21 Occupational Safety and Health Worker Protection Measures to ensure 1.5 meter of distance were Ensure that 1.5 meter of distance is not effectively implemented. respected on the production floor and during lunch break. Feb-21 Occupational Safety and Health Worker Protection Factory does not keep a register for people who presented a temperature of 38 C and above. Keep a register for all people who present a temperature of 38 C and above. Feb-21 Occupational Safety and Health Welfare Facilities Eating area cannot accommodate all the workers. Have an eating area facility that can accommodate the workers with a social distance of 1.5 meters. Feb-21 Occupational Safety and Health Health Services and First Aid Factory does not provide a health checks to Provide free health checks to workers workers within the first three months of hiring. within the first three months of hiring. Feb-21 Occupational Safety and Health Health Services and First Aid Factory does not provide health each to workers exposed to work -related hazard. Ensure that workers exposed to workrelated hazard receive a health check every 6 months. Feb-21 Occupational Safety and Health Health Services and First Aid Factory does not provide annual health check to all the workers systematically. Provide free health check to all workers annually. Feb-21 Occupational Safety and Health Health Services and First Aid Insufficient number of nurses. Hire sufficient medical staff to comply with the requirements of the labor code. Feb-21 Occupational Safety and Health Emergency Preparedness Shipping area is missing a smoke detector. Install a smoke detector in the shipping area. Management post warning signs on the electrical panels. Audio spot are broadcasted on the floor every 30 minutes on safety measures regarding Covid-19. Disciplinary measures are taken when workers refuse to follow the safety measures. 109 Feb-21 Occupational Safety and Health Emergency Preparedness Some fire extinguishers are missing the inspection tag. Ensure that all fire extinguishers have an inspection tag that indicates the inspection dates. All fire extinguishers have their inspection tag and are properly maintained. Feb-21 Occupational Safety and Health Emergency Preparedness The evacuation plan reflected the previous floor layout. Update the evacuation map to reflect the current floor layout. Ensure that the shipping area is properly marked. The shipping area floor is properly marked. Feb-21 Occupational Safety and Health Emergency Preparedness Escape routes blocked by equipment in packing and shipping area. Ensure that the aisles remain unobstructed. Factory provided training to 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 Health Emergency Preparedness One fire drill conducted in 2020. Conduct one fire drill every 6 months. Last fire drill was conducted in April 2021. Factory has conducted 2 fire drill for the year. Feb-21 Occupational Safety and Health Emergency Preparedness Less than 10 percent of the workforce trained in fire fighting equipment. Ensure that 10 percent of the workforce is trained every year in fire fighting. Feb-21 Working Time Regular Hours Attendance system was inaccurate. Ensure that the attendance system is accurate. Firefighter provided the training in April 2021. Gildan has also trained in fire fighting equipment in May 2021. In total, more than 10 percent of the workforce is trained in fire fighting The bug in the system has been fixed. The attendance is now reflecting accurate timesheets. Feb-21 Working Time Leave Workers did not receive 15 days of leave after one year of service. Ensure that workers are entitled to 15 days of annual leave after on year of service. 110 BETTER WORK HAITI – 25TH SYNTHESIS REPORT Factory: Location: Number of workers: Date of registration: Date of last two Better Work assessments: Everbright Headwear Ouanaminthe 1071 Jan-20 Mar-21 Jun-22 Advisory and Training Services 25-Nov-22 Virtual advisory meeting Virtual meeting with union leaders regarding CBA violations. Session with the compliance team on Better work portal, Session on root cause analysis. 17-Nov-22 Training Virtual Introduction to Workers Rights & Responsibilities 11-Nov-22 Training Virtual Introduction to Workers Rights & Responsibilities 12-Oct-22 Virtual advisory meeting Virtual Meeting with the compliance team to follow up on the last assessment report, session on Progress report, then review of Social security payment. 30-Aug-22 Training BWH-TNG HIV/AIDS 29-Aug-22 Training Supervisory Skills (SST) 17-Aug-22 Training Bipartite Committee 26-Jul-22 Virtual advisory meeting Meeting with the OSH committee to validate some remediations actions, Meeting with the compliance teams to review last assessment findings and provide guidance. Discuss about the implementation of the bipartite committee. Session on the first progress report. 17-May-22 Virtual advisory meeting Advisory service to review improvement plan implementation 28-Apr-22 Training Virtual OSH Event Workshop 25-Apr-22 Advisory meeting Advisory service to discuss the bipartite committee and Everbright's progress in resolving the non-compliance issues. During the meeting, EA also discussed the two recent industrial disputes occurred at Everbright. 11-Mar-22 Training Virtual Sexual Harassment Awareness and Prevention for Supervisors 3-Dec-21 Virtual Advisory meeting Advisory visit done with the support of MAST inspectors to review several items in the improvement plansDo a factory tourDo interviews with workers ASSESSMENT COMPLIANCE CLUSTER COMPLIANCE POINT Jun-22 Freedom of Association and Collective Bargaining Collective Bargaining Jun-22 Compensation Wage Information, Use and Deduction DETAILS OF NON COMPLIANCE IMPROVEMENT PRIORITIES REMEDIATION EFFORTS MONTHS Collective bargaining violation. Register all employees to OFATMA for work related Accidents, maternity and health insurance. Provide chairs with back rest to all workers and allocate chair for standing workers. Factory purchased the chairs and deliver to employees. The factory is registered for work related accident. The factory is in the process to register OFATMA maternity. 5 The time records between the payroll and attendance record did not match. Have an accurate and detailed payroll system. Payroll system has an accurate detail for to know how many hours each employees worked by week. 20 Assessment June 2022 111 Jun-22 Compensation Paid Leave The annual leave payment is not calculated based on worker's average daily earnings. Include the lunch break in the calculation of annual leave. All payments to workers are made through CODEVI, they are the ones who make the calculations for everything related to wages and benefits. 20 Jun-22 Compensation Paid Leave Sick leave payment is not based on the average earnings and does not include the lunch break payment. Ensure that workers are registered with OFATMA for maternity and Health insurance. lunch break payment is still on hold. 20 Jun-22 Compensation Paid Leave Maternity leave payments are not based on the average earnings and does not include the lunch break payment. Ensure that workers are registered with OFATMA for maternity and Health insurance. Lunch time payment is on hold. 20 Jun-22 Compensation Paid Leave The lunch break is not compensated in the payroll. Discuss legal requirements with the General Manager Pay the lunch break. Factory is still on hold waiting for any update about this topic, from CODEVI park administration. 20 Jun-22 Compensation Paid Leave The factory does not pay annual leave, sick leave and maternity leave correctly. Discuss legal requirements with the General Manager Pay the lunch break. 20 Jun-22 Compensation Social Security and Other Benefits The calculation for annual salary supplement or bonus does not include the lunch break payment. Pay the lunch break and include it in the calculation of annual salary supplement. 20 Jun-22 Compensation Social Security and Other Benefits The factory did not send workers pay slip for the last 3 months to OFATMA for sick leave and maternity leave payment. Pay the lunch break. Send workers' pay slip for the last 3 months to OFATMA for payment of sick and maternity leave. 20 Jun-22 Compensation Social Security and Other Benefits The factory did not provide any evidence for the payment of workers and employer's contribution to ONA. Pay the lunch break, then forward worker's and employers' contribution to ONA within the first 10 business days of the next month for the previous month. Jun-22 Compensation Social Security and Other Benefits They factory did not collect workers' contributions for OFATMA Maternity and Health insurance. Pay the lunch break, forward worker's and employers' contribution to OFATMA within the first 10 business days of the next month for the previous month. ONA payments have been made until April 2022. 20 20 112 Jun-22 Compensation Employment Contracts The apprentice contracts were not approved by the Ministry of Labor (MAST), as legally required. Send the apprentice contracts to the Ministry of Labor (MAST) for approval. 20 Jun-22 Compensation Employment Contracts The factory does not have internal work rules approved by the Ministry of Labor. Review the internal work rules. Send the document to MAST for approval. Ensure that all the pages are stamped. 20 Jun-22 Compensation Termination The calculation of the payment for the applicable notice period does not include the lunch break payment. Pay the lunch break and include the payment in the calculation of the notice period. 20 Jun-22 Compensation Termination The calculation of payments for unused paid annual leave upon termination does not include the lunch break payment. Pay the lunch break and include the payment in the calculation of annual leave upon termination. 20 Jun-22 Compensation Termination The calculation of annual salary supplement upon termination does not include the lunch break payment. Pay the lunch break and include the payment in the calculation of annual salary supplement upon termination. 20 Jun-22 Occupational Safety and Health OSH Management Systems Assessment on general occupational safety and health in the factory is not available. Conduct monthly OHS risk assessments in all the various sections of the factory including preventive and remediation action. The factory management started to hold monthly meeting with the OSH committee members. The compliance assistant is Conducting monthly OHS risk assessments. 5 Jun-22 Occupational Safety and Health OSH Management Systems The OSH committee is not active. Establish an OSH committee. Then, Inform workers about its existence and its activities 5 Jun-22 Occupational Safety and Health OSH Management Systems The factory does not record and submit work related accidents to OFATMA on a monthly basis. Declare accidents to OFATMA monthly. The factory assigned a new compliance officer and established an OSH committee. Management hold a meeting with the OSH committee in November. The factory investigate accidents and also prepare an investigation report. Jun-22 Occupational Safety and Health OSH Management Systems Management did not provide any structural safety certificate for the building. Request a structural safety certificate from the city hall. 5 5 113 Jun-22 Occupational Safety and Health Chemicals and Hazardous Substances The inventory of chemical and hazardous products is incomplete. Assign responsible persons for updating inventories of hazardous substances in the various locations where they are stored or used. The Warehouse assistant is the responsible for updating the inventory for the company, the compliance officer is the person in charge of verification. 20 Jun-22 Occupational Safety and Health Chemicals and Hazardous Substances Unlabelled containers of chemicals. Define who control the chemical container on receipt from supplier and control the label. Previous actions are currently under control and supervision of the compliance officer and the compliance officer assistant. 20 Jun-22 Occupational Safety and Health Chemicals and Hazardous Substances The chemical storage areas do not have not all the safety requirements. Ensure all chemicals and hazardous substances used in the factory are stored properly. 5 Jun-22 Occupational Safety and Health Chemicals and Hazardous Substances MSDS not available for all chemicals product. Jun-22 Occupational Safety and Health Chemicals and Hazardous Substances The factory did not provide any training records for workers and supervisors using chemical and hazardous substances. Keep chemical MSDS for all hazardous chemicals used in the workplace. Develop a training plan Provide training to workers on chemical management. The compliance officer is in charge of the verification, The chemical storage areas has all the safety requirements in place. The factory kept all the MSDS in the chemical warehouse and mechanic workshop. The factory conducted a training in November 2021. In addition, the compliance team has developed a training plan. Jun-22 Occupational Safety and Health Chemicals and Hazardous Substances Eye wash stations are not available in all areas where chemical products are used. Install eye wash facilities were chemicals are used Include this aspect in the daily and weekly checks. The products have been moved and placed in the chemical warehouse where eye wash stations are installed. 20 Jun-22 Occupational Safety and Health Worker Protection The employer has not provided proper PPE to all workers. Provide employees with all necessary personal protective clothing and equipment according to PPE regulation. The factory provide the PPE to the employees and kept a register. the checklist has been updated. 20 Jun-22 Occupational Safety and Health Worker Protection The factory did not provide any training records for the use of personal protective equipment and machines. Develop a training plan Provide training on PPE Factory already done this Dropbox folder as reference 20 Jun-22 Occupational Safety and Health Worker Protection 90 percent of the single-needle machines were missing their finger guards. Define who is in charge of installing and regularly maintaining the machine guards. The eye guards have been installed. The maintenance department will make sure that each machine maintains its protector. 20 Jun-22 Occupational Safety and Health Worker Protection Improper maintenance of electrical Insulate the exposed electrical wiring and obstructed electrical boxes. wires. Electrical boxes should not be obstructed at any time. 20 20 20 114 Jun-22 Occupational Safety and Health Worker Protection Assessors observed that six electrical boxes were missing hazard signs. Make sure that the door of the electrical panel has an hazard sign. The hazard sign has been posted and the checklist has been updated. 20 Jun-22 Occupational Safety and Health Worker Protection The factory does not systematically check all workers' and visitors' body temperature upon entry. Check the body temperature of all workers as well as visitors. This practice was carried out until May 2022. 20 Jun-22 Occupational Safety and Health Worker Protection It was observed that several chairs in Provide chairs with backrest for the sewing areas are missing backrest. all workers. Add this aspect in the daily or weekly checks. 20 Jun-22 Occupational Safety and Health Working Environment Temperature exceed Better Work recommendation of 30 C in all section. 5 Jun-22 Occupational Safety and Health Working Environment Noise level exceed 90 dB in the cutting section. Take action to reduce the temperature ( opening in the roof, water curtain, additional fans). Provide ear plug to workers in the cutting section Jun-22 Occupational Safety and Health Welfare Facilities Insufficient number of toilets. Discuss legal requirements with the General Manager. Increase the number of toilets as required by law. Jun-22 Occupational Safety and Health Welfare Facilities The employer has its own eating area and workers use the communal eating areas which do not have the capacity to accommodate all workers. Ensure the factory has it own eating area that can accommodate all the workers. Jun-22 Occupational Safety and Health Health Services and First Aid The factory does not have an onsite medical facilities and staff as required by art. 478 and 479 of the labor code. Hire the required medical staff. 20 Jun-22 Occupational Safety and Health Health Services and First Aid Occupational Safety and Health Emergency Preparedness Train at least 10 percent of the workforce Develop a monitoring log. Install a smoke detector in the tread room , Install an alarm and smoke detector in building 3. Add this aspect in the daily or weekly checks. 20 Jun-22 Less than 10 percent of the workforce is trained in first aid, as recommended by Better Work. There was no smoke detector in the tread room and no alarm and smoke detector in building 3. Factory provided ear plugs to employees. 5 Factory is currently working in the maintenance of the following: Men 27 toilets 15 urinals Total 42 Women 29 toilets. Park increase number of tables and chairs, eating area is now using exclusive for Everbright employees. 20 20 5 115 Jun-22 Occupational Safety and Health Emergency Preparedness Undercharged, obstructed and missing fire extinguishers were missing, in several areas of the workplace. Install firefighting equipment in the warehouse building. 20 Jun-22 Occupational Safety and Health Emergency Preparedness No evacuation plan was available in building 2 & 3 and the one posted in building 1 need to be updated. Update the evacuation map and Post evacuation map in all buildings. 20 Jun-22 Occupational Safety and Health Emergency Preparedness Assessors observed that building 3 has only one door identified as an exit. Increase the number of emergency exit in building 3 to at least 2 emergency exits. 20 Jun-22 Occupational Safety and Health Emergency Preparedness Emergency exit was locked during the working hours and escape routes were obstructed. Provide additional space for storing goods. Give instruction to security and staff not to close gates in case of fire. 20 Jun-22 Occupational Safety and Health Emergency Preparedness The factory has not conducted any drill for the past 12 months. Conduct at least 2 emergency drill per calendar year. Insert the drills in the OSH annual training plan. 20 Jun-22 Occupational Safety and Health Emergency Preparedness No occupational health and safety policies are posted or accessible to workers in the workplace. Inform workers about workplace hazards. Post policies and procedure related to health and safety in the workplace 5 Jun-22 Occupational Safety and Health Emergency Preparedness The total number of workers trained in fire-fighting is less 10 percent of the workforce as recommended by Better Work. Train at least 10 percent of the workforce. Develop a monitoring log. 20 Jun-22 Working Time Regular Hours The regular working hours are from exceed the legal limit. Discuss legal requirements with the General Manager. Ensure that the regular working hour including the lunch break do not exceed 48 h per week. 20 Jun-22 Working Time Regular Hours Pregnant workers are not given two additional breaks of 30 minutes each per day. Develop a procedure for pregnant women. Inform workers of their rights. Provide 2 additional breaks of 30 minutes to pregnant women. 20 116 Jun-22 Working Time Regular Hours A review of the working time record Have an accurate attendance and interviewed with workers revealed recording system. discrepancies with the payroll. Jun-22 Contract and Human Resources Employment Contracts The factory does not have an HR policy that is signed by top management with a clear commitment to meet all legal requirements. Develop an HR policy that is signed by top 5 Jun-22 Contract and Human Resources Employment Contracts HR job descriptions, reporting lines, description of job duties and authority and performance evaluations are not available. Define responsibility in writing such as job descriptions, reporting lines, description of job duties and authority and performance evaluations. 5 Jun-22 Contract and Human Resources Employment Contracts The communication on HR policies and procedures does not include Induction all the necessary steps. 5 Jun-22 Contract and Human Resources Employment Contracts Human Resource management system document were not available at the time of the assessment visit. Conduct Induction training for workers. Provide Staff training on how to carry out policies and procedures. Display policies and internal regulations in the factory Develop a procedure on HR performance indicators. Have in place a monitoring systems. Jun-22 Contract and Human Resources Employment Contracts Disciplinary and termination procedures not adequate. Include the following points in the procedure such as: - The right to defend oneself prior to termination, and to representation during disciplinary processes; - Timeframes for warnings and payments. 5 Jun-22 Contract and Human Resources Employment Contracts The grievance procedure is not adequate. Include in the procedure communication of changes made and resolution. 5 Jun-22 Occupational Safety and Health OSH Management Systems Management did not define accountability and/or responsibilities for OSH officer as well as top management. Define accountability and/or responsibilities for OSH officer as well as top management. All the workers were trained on click in and out procedure. Supervisors were instructed that they can not ask the workers to punch out at continue working. 20 5 Currently factory hired a compliance officer with expertise. 5 117 Jun-22 Occupational Safety and Health OSH Management Systems The factory does not effectively communicates and implements OSH policies. Display OSH policies and work instructions in the workplace. Post of evacuation plans in all buildings Jun-22 Occupational Safety and Health OSH Management Systems The employer does not investigates monitors and measures OSH issues. Investigates monitors and measures OSH issues through: Regular test, survey and inspections. 5 Jun-22 Occupational Safety and Health OSH Management Systems The factory does not have an accident investigation procedure. Develop an accident investigation procedure that includes: Implementation of changes in order to avoid reoccurrence. 5 Jun-22 Occupational Safety and Health OSH Management Systems The factory does not have an emergency preparedness procedure. Develop an emergency preparedness procedure that includes: Reporting fires, alerting all employees to evacuate, accounting for all employees after an evacuation. 5 Jun-22 Occupational Safety and Health OSH Management Systems The factory does not have a hazard/risk management and control procedure. Develop a hazard/risk management and control procedure that includes: A systematic approach to identifying hazards. 5 Jun-22 Occupational Safety and Health OSH Management Systems The factory does not have an adequate OSH policy that is signed by top management and developed in consultation with workers and their representatives. Develop the policy in consultation with workers and their representatives which include measurable objectives and improvement targets. The factory develops a hygiene and safety manual. Factory started to review all worker files to ensure that ID cards (CIN) are included in the files. Evacuation plan is on hold, currently factory is working moving some departments to other areas. Assessment March 2021 Mar-21 Child Labour Documentation and Protection of Young Workers Assessors found 11 worker's files that were missing of a national lD card copy or any age identifying document. Confirm government issued identification at the beginning of the recruitment process. Mar-21 Freedom of Association and Collective Bargaining Strikes The sanction of termination appears disproportionate to the workers' failure to adhere to the legal prerequisites for striking. reinstate the terminated workers 55 5 118 Mar-21 Compensation Method of Payment Worker interviews revealed that sometimes the payment are made after the working hours. Pay the salary on time. Since July 9th, they have started to pay on Fridays at 4h30 and the payment is completed by 5hpm. Mar-21 Compensation Wage Information, Use and Deduction The time records on the payroll showed that some workers worked less than 45 hours per weeks. However, the attendance sheets revealed that they worked for longer hours than what was mentioned in the corresponding payroll. Have an accurate and detailed payroll system. They started to implement a new payroll system, which will run automatically with the punch system. The system is now fully functional. Mar-21 Compensation Paid Leave Calculate the annual leave on worker's daily average earnings as specified in Art. 148. Mar-21 Compensation Paid Leave The employer pays workers for annual leave. However, the calculation is not based on the average earnings and does not include the lunch break payment. Factory did not share any proof of payment for sick leave during the assessment visit. Mar-21 Compensation Paid Leave The maternity leave payment register and payroll records show that maternity leave payments are not based on average earnings but on the minimum wage. Pay maternity leave on average earnings. Mar-21 Compensation Paid Leave The lunch breaks is not compensated in the payroll. Pay the lunch break. Mar-21 Compensation Paid Leave The factory pay workers incorrectly for 1) Discuss legal requirements with the General Manager annual leave, Sick leave, maternity 2) Pay the lunch break leave and the daily break. Mar-21 Compensation Social Security and Other Benefits The factory did not provide any evidence for the payment of employer's contribution to ONA. Ensure that payment of employer's contribution to ONA is made in a timely manner. Mar-21 Compensation Social Security and Other Benefits ONA deductions are based on the minimum salary and not on the basic salary as prescribed by the Haitian labor law. Calculate ONA contribution on workers basic salaries. Ensure that documentation is available during the evaluation period. 119 Mar-21 Compensation Social Security and Other Benefits The factory has not registered with OFATMA for work related accident insurance. The factory needs to register for OFATMA maternity and health insurance. Mar-21 Compensation Social Security and Other Benefits The factory has not registered with OFATMA for maternity and health insurance. The factory needs to register for OFATMA maternity and health insurance. Mar-21 Compensation Social Security and Other Benefits The factory has not registered with OFATMA for maternity and health insurance. The factory needs to register for OFATMA maternity and health insurance. Mar-21 Compensation Social Security and Other Benefits The calculation for annual salary supplement is not based on the average earnings and does not include the lunch break payment. The factory needs to apply the 3*8 law and pay the lunch break, so it can be included in the average daily earning calculation. Mar-21 Contract and Human Resources Employment Contracts A review of worker contracts revealed that the apprentice contracts were not approved by Manpower Direction, as legally mandated. Management needs to submit the apprentice contract to the Ministry of Labor for Approval. Mar-21 Contract and Human Resources Employment Contracts The factory does not have internal work rules approved by the Ministry of Labor. The factory need to develop the internal regulations and submit the document to the Ministry of Labor for approval. Mar-21 Contract and Human Resources Termination The calculation of the average earning for the applicable notice period does not include the lunch break payment. Pay the lunch break, Ensure the payment for applicable notice period is based on the daily average earnings. Mar-21 Contract and Human Resources Termination The employer compensates workers for unused paid annual leave upon termination. However, the calculation of the basic salary does not include the lunch break payment. Pay the lunch break, Ensure the payment for annual leave is based on the daily average earnings. Mar-21 Contract and Human Resources Termination The employers pays workers their annual salary supplement upon termination. However, the calculation of the basic salary does not include the lunch break payment. Include the lunch break in the calculation of annual salary supplement upon termination. Factory is now registered with OFATMA and they have made payments based on an invoice form OFATMA. Factory will engage in discussions with the Park administration to resolve the issue. 120 Mar-21 Occupational Safety and Health OSH Management Systems At the time of the assessment visit, factory did not share any evidence of assessments performed on general occupational safety and health in the factory. Conduct OSH assessment monthly. Mar-21 Occupational Safety and Health OSH Management Systems There is no OSH bipartite committee in factory to ensure cooperation between workers and management in the workplace on occupational health and safety issues. Establish an OSH bipartite committee. Mar-21 Occupational Safety and Health OSH Management Systems The factory does not record and submit work related accidents to OFATMA on a monthly basis. Submit work related accidents to OFATMA on a monthly basis. Mar-21 Occupational Safety and Health OSH Management Systems There is no functioning OSH committee in the factory. Define OSH responsibilities. Mar-21 Occupational Safety and Health OSH Management Systems OSH management system documents were not available at the time of the assessment visit. Assign responsible person to develop management systems document. Mar-21 Occupational Safety and Health Chemicals and Hazardous Substances The employer did not provide evidence of inventory tracking for chemicals and hazardous substances used in the workplace. Mar-21 Occupational Safety and Health Chemicals and Hazardous Substances During the factory tour, assessors discovered six unlabelled containers in the compressor and mechanic shop of building 14. Assign responsible persons for tracking inventories for chemicals and hazardous substances in the various locations where they are stored or used. Define who control the chemical container on receipt from supplier and control the label. Mar-21 Occupational Safety and Health Chemicals and Hazardous Substances During the factory tour several hazardous chemicals were found without chemical safety data sheets. 1. Identify a person responsible for chemical management. 2. The MSDS for each chemical should be available and translate in local language. Mar-21 Occupational Safety and Health Chemicals and Hazardous Substances The factory did not provide any training records for workers and supervisors using chemical and hazardous substances. The factory needs to provide chemical safety training to all workers including supervisors that are using chemical products and hazardous substances. The factory provided training to 10 workers. 121 Mar-21 Occupational Safety and Health Chemicals and Hazardous Substances Assessors did not observe eye washing facilities in the spot cleaning area nor in the chemical storage areas where chemicals are used and stored. The factory needs to install eyewash station in all areas where chemical products are used. Mar-21 Occupational Safety and Health Worker Protection The employer has not provided appropriate PPE. Mar-21 Occupational Safety and Health Worker Protection Assessors observed that five electrical boxes were missing hazard signs in the compressor room and the floor of both buildings. Provide appropriate PPE where it is needed for all workers including but not limited to proper masks to workers in the spot cleaning section, earplugs for workers in the cutting area , support belt for workers doing heavy lifting work Improve the electrical maintenance and Create a maintenance log. Mar-21 Occupational Safety and Health Worker Protection The factory did not provide any records of awareness training provided to all workers and staff on the measures adopted to prevent the risks of exposure to Covid-19. The factory needs to raise awareness among workers about the dangers of COVID 19. Mar-21 Occupational Safety and Health Worker Protection Social distancing is not respected on the floor and the eating area during the lunch break, as well as during entry and leaving. Ensure that 1.5 meter of distance is respected on the production floor and during lunch break as well as during entry and leaving. Mar-21 Occupational Safety and Health Worker Protection The factory did not check all workers and visitors body temperature upon entry in a systematic way and does not keep a registry for all persons who present a temperature of 38C and above. Systematically check all worker's body temperature upon entry and keep a registry for all persons who present a temperature of 38C and above.. Mar-21 Occupational Safety and Health Welfare Facilities Insufficient number of toilets. Ensure the factory has 12 functioning toilets for women. Mar-21 Occupational Safety and Health Welfare Facilities The employer does not have its own eating area, instead workers use the communal eating areas shared with other factories within CODEVI (industrial park); The factory needs to find an additional eating area for the workers. Mar-21 Occupational Safety and Health Health Services and First Aid No systematic health checks have been provided to workers within their first 3 months of hiring. Provide health checks within their first 3 months of hiring at not cost for the workers. 122 Mar-21 Occupational Safety and Health Health Services and First Aid No systematic health checks have been provided to workers twice a year. Provide health checks twice a year at not cost for the workers exposed to work-related hazards. Mar-21 Occupational Safety and Health Health Services and First Aid No systematic health checks have been provided to workers annually. Provide annual health checks at not cost for the workers. Mar-21 Occupational Safety and Health Health Services and First Aid All first aid boxes were empty. Define responsibility for filling first aid boxes. Mar-21 Occupational Safety and Health Health Services and First Aid The factory provides first aid training. However, the total number of workers trained in first aid is less 10 percent of the workforce as recommended by Better Work. 1. Provide additional training on first aid to cover the 10 percent of the workforce 2. Have a system in place to track trained workers Mar-21 Occupational Safety and Health Emergency Preparedness Assessors observed there was no smoke detector in the stock room near the warehouse of the building 13 and the stock area of building 14, where combustible materials are stored. Install smoke detectors where flammable material are stored. Mar-21 Occupational Safety and Health Emergency Preparedness Although the plant has sufficient fire extinguishers 1 extinguisher was missing, 1 was found on the ground, 2 were obstructed and 13 were missing the hazard information. Provide adequate firefighting equipment. Mar-21 Occupational Safety and Health Emergency Preparedness Post updated evacuation plans for all buildings . Mar-21 Occupational Safety and Health Emergency Preparedness No evacuation plan was available in the building 14 and the one posted in the building 13 is missing the assembly area. In addition escape routes are not clearly marked in the stock room. 2 emergency exits were locked during the working hours in the building 14, at the time of the assessment visits. Mar-21 Occupational Safety and Health Emergency Preparedness The factory has not conducted any emergency drill for the past 12 months. Conduct an evacuation drill every 6 months. Mar-21 Occupational Safety and Health Emergency Preparedness The total number of workers trained in fire-fighting is less 10 percent of the workforce as recommended by Better Work. Perform training on the use of fire-fighting equipment for at least 10% of the worker population The factory submitted proof that five workers who work with chemical and hazardous products received a health check. The factory provided training to additional workers but they have trained at least 10% of the workers Conduct a cause analysis and describe which system elements you need to adopt to prevent locked emergency exits. The factory provided training to some workers. However they have not reached 10% of the workforce 123 Mar-21 Working Time Regular Hours The working time is not posted on building 14's floor. Any information on the break time is posted. Post working hours including break time in all building were all workers can see it. Mar-21 Working Time Regular Hours The factory did not comply with the national law, which states that pregnant workers are entitled for two additional breaks of 30 minutes each per day. Ensure during the period of apparent pregnancy, the woman will be entitled to two periods of rest per day of at least half an hour each, in addition to the lunch break. Mar-21 Working Time Regular Hours A review of the working time record and interviews with workers revealed discrepancies in the payroll. Keep working time records that reflect the actual hours work by workers. Mar-21 Contract and Human Resources Employment Contracts Ensure the HR policy is signed by top management. Mar-21 Contract and Human Resources Employment Contracts No. The factory does not have an HR policy that is signed by top management with a clear commitment to meet all legal requirements. The employer did not defines such responsibility for the HR staff in writing. Mar-21 Contract and Human Resources Employment Contracts The communication on HR policies and procedures does not include Staff training on how to carry out policies and procedure. Communicate HR policies through induction training for workers and staff. Mar-21 Contract and Human Resources Employment Contracts Human Resource management system documents were not available at the time of the assessment visit. Assign someone to keep records of all HR management systems. Mar-21 Contract and Human Resources Employment Contracts Grievance handling and dispute resolution procedures were not available. Develop a grievance policy in collaboration with members of the unions, because they do not actually have a bi-partite committee. Mar-21 Contract and Human Resources Employment Contracts Recruitment procedure is not available. Develop Internal work rules. Mar-21 Occupational Safety and Health Chemicals and Hazardous Substances The chemical storage areas do not have not all the safety requirements. Install an eye wash station in the facility, provide (better) exhaust ventilation and required PPE. Define responsibility for the HR staff in writing such as job descriptions, reporting lines, organizational charts, description of job duties and authority and performance evaluations. The company developed a policy for pregnant women. The policy is shared with employees. However the policy should be translated from Spanish to French or Creole 124 Mar-21 Occupational Safety and Health Chemicals and Hazardous Substances Management did not provide any document that indicates that the employer has taken action to assess, monitor, prevent or limit workers' exposure to chemical and hazardous substances. Limit access of other workers to the chemical workplace. Mar-21 Occupational Safety and Health Worker Protection The factory did not provide any training records for the use of personal protective equipment and machines. Provide trainings to workers on he use of personal protective equipment and machines. Mar-21 Occupational Safety and Health Welfare Facilities During the assessment management did not present laboratory test confirming that the water was safe to drink. Several workers complained about the water quality. Maintain an adequate supply of water for all workers and ensure that the water is tested on a monthly basis. Mar-21 Occupational Safety and Health Emergency Preparedness The factory did not organize any fire drills or emergency awareness training to ensure that the worker was prepared and informed of possible workplace emergencies. Mar-21 Occupational Safety and Health Welfare Facilities The assessors did not observe soap in the men toilets. In addition, employers have not installed a hand washing station and soap at the entrance of the premises for workers upon entry. Ensure that the factory conduct fire drills and emergency awareness training every 6 month to prepare and informed of possible workplace emergencies. Ensure that soap is available in men toilets during working hours including overtime and at the entrance of the premises for workers upon entry. Mar-21 Working Time Overtime Several packing workers said they were forced to work for a night shift under threat of termination. Use a form to request overtime from workers which includes the number of hours required and a space for worker signature. The factory submitted proof of training provided to a few workers. 125 BETTER WORK HAITI – 25TH SYNTHESIS REPORT Factory: Location: Number of workers: Date of registration: Date of last two Better Work assessments: Everest Apparel Haiti S.A. Arrondissement du Trou du Nord 1499 Jan-18 Mar-21 Jun-22 Advisory and Training Services 1-Sep-22 Training BWH-TNG HIV/AIDS 26-Aug-22 26-Aug-22 Training Training Respectful Workplace Program for Workers Respectful Workplace Program for Supervisors & Middle Management 22-Aug-22 9-Jun-22 Training PICC Meeting Supervisory Skills (SST) Meeting to conduct a self diagnosis of working time, identify the causes of complaints against foreigners and workers, the application of disciplinary measures. 9-Jun-22 Advisory meeting Follow up on the improvement plan to validate pending issues. Virtual Factory tour, meeting with the compliance team to review the FOA policy. 8-Jun-22 31-May-22 8-Jun-22 28-Apr-22 26-Apr-22 26-Apr-22 Advisory meeting Training Training Training PICC Meeting Advisory meeting Investigation on Gender based violence Virtual Supervisory Skills (SST) Virtual Financial Literacy Virtual OSH Event Workshop Meeting to explain the disciplinary measures. self- diagnosis session on Occupational safety, contract and HR. Virtual meeting with the compliance team to review the payroll, ONA, OFATMA, weekly rest day and holiday. Follow up on the terminations of union members and internal OSH plan. Review pending issues in the improvement plan. 18-Mar-22 22-Feb-22 21-Feb-22 Training PICC Meeting Advisory meeting 15-Dec-21 29-Nov-21 29-Nov-21 PICC Meeting PICC Meeting Advisory meeting Virtual Sexual Harassment Awareness and Prevention for Middle Management Virtual meeting to discuss about the responsibilities of the committee members, verbal abuse in the factory and training needs. Virtual OSH tour: emergency Preparedness, Meeting the compliance team to explain the Public reported issues, Follow up on Sexual harassment policy and FOA policy. 4) Guidance on OSH management systems. 5) Documentation review : Annual leave and bonus. Meeting to explain the purpose of the committee. Then review the points that have been resolved and discuss about the persistent non compliance. Meeting to validate the improvement plan, discuss about standards for the transport and training for foreign managers. ASSESSMENT COMPLIANCE CLUSTER Virtual meeting with the bipartite committee, Virtual OSH tour, meeting with the compliance team to review and update Better Work portal, Follow up on Sexual harassment policy, FOA policy, Annual leave and bonus. COMPLIANCE POINT DETAILS OF NON COMPLIANCE Assessment June 2022 IMPROVEMENT PRIORITIES REMEDIATION EFFORTS MONTHS 126 Jun-22 Discrimination Gender Although the factory has a policy against sexual harassment, there is no evidence that the factory has taken the necessary steps to address the cases of sexual harassment. Review the policy against sexual harassment. Provide training to HR staff on how to conduct sexual harassment investigation and how to apply the policy. 5 Jun-22 Freedom of Association and Collective Bargaining Interference and Discrimination No valid reasons for trade union terminations. Reinstate the trade unions and develop a retrenchment policy, 5 Jun-22 Compensation Paid Leave The annual leave payment is not calculated based on worker's average daily earnings, because the factory does not compensate workers for the lunch break. Discuss legal requirements with the General Manager. Pay the lunch break Calculate the annual leave payment on the daily average earnings. The lunch break has been paid since September 2022. 14 Jun-22 Compensation Paid Leave The daily break is not compensated and included in the calculation of the sick leave payment. Discuss legal requirements with the General Manager. Pay the lunch break The lunch break has been paid since September 2022. 14 Jun-22 Compensation Paid Leave Maternity leave payments are based on average earnings that do not include the lunch break payment. Discuss legal requirements with the General Manager. Pay the lunch break. The lunch break has been paid since September 2022. 14 Jun-22 Compensation Paid Leave The lunch break is not compensated in the payroll. Discuss legal requirements with the General Manager. Pay the lunch break. The lunch break has been paid since September 2022. 14 Jun-22 Compensation Paid Leave The factory does not pay annual leave, sick leave and maternity leave correctly. Discuss legal requirements with the General Manager. Pay the lunch break. The lunch break has been paid since September 2022. 47 Jun-22 Compensation Social Security and Other Benefits The calculation for annual salary supplement or bonus does not include the lunch break payment. Discuss legal requirements with the General Manager. Pay the lunch break. The lunch break has been paid since September 2022. 14 Jun-22 Compensation Social Security and Other Benefits The maternity leave and sick leave payment register do not includes the lunch break payment. Discuss legal requirements with the General Manager. Pay the lunch break Send workers pay slip for the last 3 months to OFATMA for sick leave and maternity leave payment The lunch break has been paid since September 2022. In addition, it is included in workers' payslip for sick leave and maternity leave payment. 14 127 Jun-22 Compensation Social Security and Other Benefits The employer collects and forward the workers' and employers' contribution to ONA on the minimum salary. Discuss legal requirements with the General Manager. Pay the lunch break Pay ONA within the first 10 business days of the next month for the previous month. The lunch break has been paid since September 2022. The contributions are sent to ONA. 14 Jun-22 Compensation Social Security and Other Benefits The employer collects and forward the workers' and employers' contribution to OFATMA based on the minimum salary. Discuss legal requirements with the General Manager. Pay the lunch break Pay OFATMA within the first 10 business days of the next month for the previous month. The lunch break has been paid since September 2022. The contributions are sent to OFATMA. 14 Jun-22 Compensation Termination The calculation of the average salary for the payment for the applicable notice period does not include the lunch break payment. Discuss legal requirements with the General Manager. Pay the lunch break. The lunch break has been paid since September 2022. 14 Jun-22 Compensation Termination The calculation of the average salary for unused paid annual leave upon termination does not include the lunch break payment. Discuss legal requirements with the General Manager. Pay the lunch break. The lunch break has been paid since September 2022. 14 Jun-22 Compensation Termination The calculation of the average salary for the payment of annual salary supplement upon termination does not include the lunch break payment. Discuss legal requirements with the General Manager. Pay the lunch break. The lunch break has been paid since September 2022. 14 Jun-22 Compensation Termination The factory refused to follow the government's recommendations to reinstate dismissed workers and decided to give their salaries and bonuses to the terminated workers. Follow the instructions of government entities. 5 Jun-22 Discrimination Dialogue, Discipline and Disputes Verbal and physical abuse in the workplace. Provide training on workplace violence. Develop a procedure on gender based violence. 33 Jun-22 Occupational Safety and Health OSH Management Systems The factory did not submit accident report to OFATMA for the months of December 2021 and January 2022. Submit work related accident to OFATMA monthly. Management ensured that accident reports are submitted monthly to OFATMA. 5 128 Jun-22 Occupational Safety and Health OSH Management Systems Management didn't provide any structural safety certificate for the building. Request a structural safety certificate from the city council. 5 Jun-22 Occupational Safety and Health Chemicals and Hazardous Substances Chemical inventory is not accurate. Assign responsible persons for updating inventories of hazardous substances in the various locations where they are stored or used. 47 Jun-22 Occupational Safety and Health Chemicals and Hazardous Substances Unlabelled containers of chemicals. Define who control the chemical container on receipt from supplier and control the label. 47 Jun-22 Occupational Safety and Health Chemicals and Hazardous Substances Improper storage of chemical and hazardous products. Read the section on storage of the MSDS of chemicals used in the factory. Then, issue instruction on proper storage. 47 Jun-22 Occupational Safety and Health Chemicals and Hazardous Substances MSDS were not available for all chemical and hazardous products used in the workplace. Keep chemical MSDS for all hazardous chemicals used in the workplace. 47 Jun-22 Occupational Safety and Health Worker Protection The factory did not provide appropriate PPE to all workers. Provide proper mask to workers in the spot cleaning area or install vacuum table. Provide safety belt for heavy lifting 14 Jun-22 Occupational Safety and Health Worker Protection Electrical installation was not properly maintained. Make sure that the door of the electrical panel is closed and display pictures of electrical hazards on the floor. 35 Jun-22 Occupational Safety and Health Worker Protection Workers working at height use industrial platform ladder without side rails of at least 0.90m as recommended by the labor Code. Provide safety cap and safety belt to workers working at height. 5 Jun-22 Occupational Safety and Health Working Environment Temperature exceeds Better Work recommended maximum limit of 30 C. Take action to reduce the temperature such as opening in the roof, water curtain or additional fans. 14 Jun-22 Occupational Safety and Health Working Environment Lux level is below recommended limit in cutting and packing section. Increase the lux level in cutting, packing section. 14 129 Jun-22 Occupational Safety and Health Working Environment The factory used one of the toilets as storage. However, it is not a clean zone. Ensure the toilets are in good conditions and clean. Jun-22 Occupational Safety and Health Health Services and First Aid Assessors found an expired product in 2 first aid boxes. Equip first aid box and define responsibility for refilling. Jun-22 Occupational Safety and Health Emergency Preparedness Improper maintenance of fire extinguishers. Ensure regular maintenance of fire extinguishers. Specify who conducts regular checks to make sure that the equipment is in place and functioning Add this aspect in the daily weekly checks. Jun-22 Occupational Safety and Health Emergency Preparedness Obstructed aisles in several areas of the workspace. Identify additional space for storing goods. Specify who conduct daily weekly checks and include this in the system of daily weekly checks. 14 Jun-22 Occupational Safety and Health Emergency Preparedness Emergency exits were locked during working hours including overtime. Discuss with top management and give instruction to security staff not to close gates in case of fire / when they go to toilets. Specify who conduct daily weekly checks and include this in the system of daily weekly checks. 14 Jun-22 Working time Regular Hours The regular working hours exceed the legal limit. Discuss the regular working hours with the General Manager and workers' representative. Review the internal work rules to ensure the regular working hour do not exceed 48 hours per week. 5 Jun-22 Contract and Human Resources Employment Contracts The communication on HR policies and procedures does not include all the necessary elements. 5 Jun-22 Contract and Human Resources Employment Contracts The employer does not investigates violations of HR policies and procedures. Ensure that all worker contracts are signed. Conduct induction training for workers. Provide training to HR staff on how to carry out policies and procedures. Develop HR performance indicators and have in place a monitoring systems. Investigates violations of HR policies and procedures. The toilet has been cleaned and is in good conditions. 5 5 Regular maintenance is planned for the fire extinguishers and assignation is done. 14 5 130 Jun-22 Contract and Human Resources Employment Contracts The factory has disciplinary and termination procedures which does not include the time frame between warnings. Include the time frame between warnings and payment in the procedure. 5 Jun-22 Contract and Human Resources Employment Contracts The factory has grievance handling and dispute resolution procedures but it does not ensure anonymity and non-retaliation for the complainants. Ensure anonymity and nonretaliation for the complainants in the procedure. Communicate the procedure to workers. 5 Jun-22 Occupational Safety and Health OSH Management Systems The names of OSH committee members are not posted in the workplace. Display the names of OSH committee members in the workplace. 5 Jun-22 Occupational Safety and Health OSH Management Systems The employer has not provided sufficient evidence to indicate: - Regular review of effectiveness of management system including performance on measurable objectives and targets. Conduct management review of effectiveness of management system including performance on measurable objectives and targets. Conduct accident investigations. 5 Jun-22 Occupational Safety and Health OSH Management Systems The emergency preparedness procedure does not include: Accounting for all employees after an evacuation. Include in the procedure accounting for all employees after an evacuation. 5 Jun-22 Occupational Safety and Health OSH Management Systems The hazard/risk procedure does not include all the necessary elements. Include a risk register in the procedures that drives the implementation of controls (list of risks with due dates, owners and next steps). 5 Jun-22 Occupational Safety and Health OSH Management Systems The OSH policy does not include all the necessary steps. Include measurable objectives and improvement targets in the policy. Hold a meeting with workers and their representatives to present the policy. 5 Assessment March 2021 Mar-21 Occupational Safety and Health Emergency Preparedness The total number of workers trained in fire-fighting is less 10 percent of the workforce. Provide additional training in fire fighting equipment. Training sessions has been provided after the assessment. 131 Mar-21 Occupational Safety and Health Emergency Preparedness The aisles were obstructed in one building. Provide additional space for storing goods and rearrange the floor. Instructions have been provided to security guards and workers. The daily and weekly checks have been updated. Mar-21 Occupational Safety and Health Emergency Preparedness The factory did not have any annual reports produced by a certified company on the maintenance of firefighting equipment. Ensure that the maintenance of firefighting equipment is conducted by a certified company. Mar-21 Occupational Safety and Health Emergency Preparedness The factory has an alarm system that is not easy to use and only 50% of workers trained in the use of firefighting can use it. Develop a procedure about the alarm The training has been system and train all workers. conducted and an SOP has been displayed on the factory floor. Mar-21 Occupational Safety and Health Health Services and First Aid The total number of workers trained in first aid is less 10 percent of the workforce. Provide additional training on first aid. Training sessions have been provided after the assessment. Mar-21 Occupational Safety and Health Health Services and First Aid Insufficient medical staff. Hire the required medical staff. The factory hired additional nurses and doctor and has the required medical staff. Mar-21 Occupational Safety and Health Working Environment Workplace temperature exceed BW's recommended limit of 30 C. Install additional fans. Conduct regular measurement of temperature & compare with threshold value. Mar-21 Occupational Safety and Health Worker Protection The factory does not keep a registry for all persons who present a temperature of 38C and above. Verify all workers' and visitors' body temperature upon entry. Keep a registry for all persons who present a temperature of 38c and above. Mar-21 Occupational Safety and Health Worker Protection The social distance is not respected on the floor during working hours as well as during entry and exit. Ensure the social distance is respected during working hours. Mar-21 Occupational Safety and Health Worker Protection One electrical box was obstructed in a storage room. Train supervisors and workers about electrical hazards & the need to report hazards. The factory is monitoring workers' temperature on a daily basis. The workers are trained on electrical hazards. 132 Mar-21 Occupational Safety and Health Worker Protection The factory did not provide PPE to all workers. Provide employees with all necessary personal protective clothing and equipment according to PPE regulation. Mar-21 Occupational Safety and Health Chemicals and Hazardous Substances Eyewash station was not available in the Chemical room of one building. Provide eye washing station or eye wash bottles. Train workers on its use. Mar-21 Occupational Safety and Health Chemicals and Hazardous Substances The employer did not keep chemical safety data sheets for all hazardous chemicals used in the workplace. Responsibilities have been Specify who is in charge of receiving MSDS from supplier. Verify the MSDS assigned and the MSDS are posted. has the needed elements. Mar-21 Occupational Safety and Health Chemicals and Hazardous Substances Chemicals and hazardous substances were not properly labelled in the workplace. Define who control the chemical container upon receipt from supplier and control the label . Define who is entitled to pour chemicals in other recipients and label them. Responsibilities have been assigned, and all containers are labelled. Mar-21 Occupational Safety and Health Chemicals and Hazardous Substances The inventory of chemicals did not include the name of all chemicals used in the workplace. Assign a person responsible for updating inventories of hazardous substances in the various locations where they are stored or used. The general chemical inventory has been updated and all chemicals name are included. Mar-21 Occupational Safety and Health OSH Management Systems No mechanisms to ensure cooperation between workers and management on OSH matters. Have an OSH committee in place.  Conduct meetings on a monthly basis and keep records. The factory has an OSH committee in place. All meeting minutes are registered. Mar-21 Contract and Human Resources Dialogue, Discipline and Disputes Workers have been bullied, harassed and subjected to humiliating treatment. Provide additional trainings to supervisors and security guards Conduct regular self-assessment to check awareness.  Training sessions are scheduled for all supervisors. Mar-21 Contract and Human Resources Termination Have an agreement with workers who are unlawfully dismissed. Reinstate the terminated workers. Mar-21 Contract and Human Resources Termination The employer did not comply with legal requirements before reducing the size of the workforce due to accident resulting in an immediate work stoppage. The calculation for the payment of annual salary supplement upon termination does not include the lunch break payment. Discuss legal requirements with the General Manager. Pay the lunch break. Include payment of the lunch break in annual salary supplement upon termination. Responsibilities have been assigned. Eye wash bottles are available. 133 Mar-21 Contract and Human Resources Termination The calculation for unused paid annual leave payment upon termination does not include the lunch break payment. Discuss legal requirements with the General Manager. Pay the lunch break. Include payment of the lunch break in the annual leave upon termination. Mar-21 Contract and Human Resources Termination The calculation of the payment for the applicable notice period does not the lunch break payment. Discuss the legal requirements with the General Manager. Pay the lunch break. Include the lunch break payment in the calculation of notice period. Mar-21 Compensation Wage Information, Use and Deduction The employer pays workers their salary supplement. However, the calculation of the basic salary does not include the lunch break payment. Discuss the legal requirements with the General Manager Ensure that workers' salary supplement include the lunch break payment. Mar-21 Compensation Social Security and Other Benefits The lunch break payment is not included in the calculation of Workers' contributions to OFATMA to OFATMA. Discuss the legal requirements with the General Manager Include the lunch break payment in workers' contribution to OFATMA. Mar-21 Compensation Social Security and Other Benefits The lunch break payment is not included in the calculation of employer's contributions to OFATMA to OFATMA. Discuss legal requirements with the General Manager Include the lunch break in the contribution to OFATMA. Mar-21 Compensation Social Security and Other Benefits The lunch break payment is not included in the calculation for the payment of OFATMA work related accident insurance. Send to OFATMA the salary statement which reflects the factory payroll. Include the lunch break payment in the payroll. Mar-21 Compensation Social Security and Other Benefits workers' contributions for social insurance funds to ONA does not include the lunch break payment. Discuss legal requirements with the General Manager. Pay the lunch break. Include the lunch break payment in workers' contributions to ONA. 134 Mar-21 Compensation Social Security and Other Benefits Employer's contributions for social insurance funds to ONA does not include the lunch break payment. Discuss legal requirements with the General Manager. Pay the lunch break. Include the lunch break payment in the contribution sent to ONA. Mar-21 Compensation Paid Leave Payment for leave and breaks is not accurate. Discuss legal requirements with the General Manager. Pay the lunch break. Pay sick leave and maternity leave on daily average earnings. Mar-21 Compensation Paid Leave The lunch breaks is not compensated in the payroll. Discuss legal requirements with the General Manager and Pay the lunch break. 135 BETTER WORK HAITI – 25TH SYNTHESIS REPORT Factory: Location: Number of workers: Date of registration: Date of last two Better Work assessments: Fairway Apparel S.A. Arrondissement de Port-au-Prince 596 14/01/2011 Feb-21 Mar-22 Notes: Factory was closed for parts of September and October 2022 Advisory and Training Services Meeting with the PICC to: - Review of the improvement plan - Document review: HR procedures Finally, monitoring the needs of the bipartite committee. 13-Sep-22 PICC Meeting 23-May-22 26-Apr-22 4-Mar-22 Virtual advisory meeting Meeting to discuss about new improvement plan, non compliance root cause and actions needed. Advisory meeting Meeting to discuss about the findings from the last assessment and the new improvement plan. - Meeting with the team for the implementation of the bipartite committee Advisory meeting - Review of the improvement plan. - Review of the documents 8-Dec-21 Advisory meeting ASSESSMENT COMPLIANCE CLUSTER 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 - Follow up on the current situation of the factory. - Finalized progress report 1 - Conducted a factory tour and update the improvement plan. COMPLIANCE POINT DETAILS OF NON COMPLIANCE IMPROVEMENT PRIORITIES REMEDIATION EFFORTS Update and adjust OHS policy and procedures. Factory will be reviewing the OSH policy. MONTHS Assessment March 2022 Mar-22 Occupational Safety and Health OSH Management Systems The OSH policy does not meet all the requirements. 9 136 Mar-22 Occupational Safety and Health OSH Management Systems The factory does not have a hazard/risk management and control procedure that includes all the requirements. Update and adjust hazard/risk management and control procedures. 9 Mar-22 Occupational Safety and Health OSH Management Systems The factory has a written accident investigation procedure that does not includes all the requirements. Revise the investigation procedure to include root cause analysis. 9 Mar-22 Occupational Safety and Health OSH Management Systems The factory does not fully investigates performance of HR. Ensure that all parameters are reviewed during the HR review. 9 Mar-22 Contract and Human Resources Employment Contracts Inaccurate workers contract. Ensure that workers are issued contracts with benefits matching the true nature of their jobs. 9 Mar-22 Contracts and Human Resources Employment Contracts The grievance handling and dispute resolution procedures does not include all the necessary elements. Review the procedure and include fair review and appeal process, communication of changes made or resolution. 9 Mar-22 Contracts and Human Resources Employment Contracts The disciplinary and termination procedures do not include all the necessary steps. Review the procedure to include details on the workers' rights to defend themselves prior to termination, and to representation during disciplinary processes. 9 Mar-22 Contracts and Human Resources Employment Contracts The factory does not properly investigate violations of HR policies and procedures. Review the procedure to identify weaknesses and make necessary adjustments to prevent recurrence. 9 Mar-22 Working Time Leave The factory provides payment to security guards in place of annual leave. Factory must provide all workers with 15 days of paid annual leave as required by law. 9 Mar-22 Working Time Regular Hours Inaccurate attendance records. Use one punch system to record all hours worked and include all payments in the regular payroll. 9 137 Mar-22 Working Time Regular Hours The required break was not provided to pregnant women. Provide pregnant women with tow additional breaks of 30 minutes each. 9 Mar-22 Occupational Safety and Health Emergency Preparedness Insufficient number of workers trained in the use of fire-fighting equipment Train at least 10% of the workforce on the use of firefighting equipment. 19 Mar-22 Occupational Safety and Health Emergency Preparedness The factory has not conducted any fire drill in the last 12 months. Ensure that the factory conduct a fire drill and emergency awareness training every 6 month. 19 Mar-22 Occupational Safety and Health Emergency Preparedness Obstructed aisles in several sections of the workspace. Keep routes unobstructed during working hours. All routes are unobstructed during working hours. 52 Mar-22 Occupational Safety and Health Emergency Preparedness The evacuation map does not reflect the current layout of the factory. Ensure that the evacuation plan is updated. Evacuation plan has been updated. 9 Mar-22 Occupational Safety and Health Emergency Preparedness Improper maintenance of fire extinguishers. Provide adequate firefighting equipment and Ensure regular maintenance is done. Factory fixed the issue with the fire extinguisher in the trim warehouse 19 Mar-22 Occupational Safety and Health Health Services and First Aid Insufficient number of workers trained in first aid. Train at least 10 percent of the workforce in first aid. Mar-22 Occupational Safety and Health Health Services and First Aid First aid boxes are missing basic items. The factory needs to monitor the first aid boxes and ensure that missing items are replaced promptly. Mar-22 Occupational Safety and Health Health Services and First Aid Insufficient medical personnel. Hire additional nurses to comply with the labour code. 52 Mar-22 Occupational Safety and Health Health Services and First Aid Free health checks are not systematically provided to workers. Pay OFATMA for the Health Card and ensure that annual health check are provided to workers. 52 19 All missing items has been replace in all first aid boxes. 19 138 Mar-22 Occupational Safety and Health Health Services and First Aid Medical checks are not provided twice a year to workers exposed to work-related hazards. Pay OFATMA for the Health Card and ensure that health check are provided to workers exposed to work-related hazard at least twice a year. 52 Mar-22 Occupational Safety and Health Health Services and First Aid The factory does not systematically provide free health checks within the first three months of hiring that cover all required exams. Pay OFATMA for the Health Card and provide health check to new workers within the first three month of being hired. 52 Mar-22 Occupational Safety and Health Welfare Facilities The factory does not perform regular test on the water filtration system. Water must be tested every month by a certified laboratory. 19 Mar-22 Occupational Safety and Health Working Environment Light levels were inappropriate in all Provide adequate lighting as working sections. recommended by Better Work. 19 Mar-22 Occupational Safety and Health Working Environment Workplace temperature levels are unacceptable. Monitor the temperature level and maintain it under 30 C inside the workplace. 40 Mar-22 Occupational Safety and Health Worker Protection Assessors observed that standing workers were not provided with ergonomic mats. Provide standing mats or foot rests to all standing workers. Mar-22 Occupational Safety and Health Worker Protection The factory does not systematically check body temperature upon entry. Systematically check all body temperature upon entry and keep a registry for all persons who present a temperature of 38C and above. 19 Mar-22 Occupational Safety and Health Worker Protection The employer did not take any measures to maintain a social distance of 1.5 m. Take the appropriate measure to respect a social distance of 1.5m. 34 Mar-22 Occupational Safety and Health Worker Protection Management did not provide workers with training on the use of protective equipment. Provide workers with the necessary training to use personal protective equipment and machinery. 54 The factory provide ergonomics mats to all standing workers. 19 139 Mar-22 Occupational Safety and Health Worker Protection The factory did not provide appropriate PPE to all workers. Provide proper PPE to all workers, including weight lifting belts and hard hats. Mar-22 Occupational Safety and Health Chemicals and Hazardous Substances Eye wash station is not available in the mechanic workshop. Install eye wash stations in all places where chemical and hazardous substances are used. 9 Mar-22 Occupational Safety and Health Chemicals and Hazardous Substances Chemical safety data sheets were not available in the mechanic workshop. Translate and post MSDS where chemicals are used in the workplace. 9 Mar-22 Occupational Safety and Health Chemicals and Hazardous Substances Chemicals and Hazardous Substances not properly labelled in the mechanic workshop. Label all chemicals and hazardous substances used in the workplace. 9 Mar-22 Occupational Safety and Health Chemicals and Hazardous Substances Inventory of chemicals and hazardous substances is not updated. Update inventory of chemicals and hazardous substances in the workplace. Mar-22 Contracts and Human Resources Termination Inaccurate notice period upon termination. Factory needs to apply the law and pay the lunch break. 54 Mar-22 Contracts and Human Resources Termination Inaccurate unused paid annual leave upon termination. Factory needs to apply the law and pay the lunch break. 54 Mar-22 Contracts and Human Resources Termination Inaccurate annual salary supplement or bonus payments upon termination. Factory needs to apply the law and pay the lunch break. 54 Mar-22 Compensation Social Security and Other Benefits ONA payments are consistently late. Calculate ONA contributions on the average salary, include the lunch break payment and forward it on time. 54 Factory has provided PPE to all worker. The factory updated the inventory for chemicals and hazardous substances used in the workplace. 9 54 140 Mar-22 Compensation Social Security and Other Benefits The factory is not affiliated to OFATMA for maternity and health insurance. Feb-21 Compensation Social Security and Other Benefits Inaccurate payment to OFATMA Complete the payment for for work-related accident insurance. OFATMA work related accident for the fiscal year 2021-2022. 43 Mar-22 Compensation Social Security and Other Benefits Inaccurate calculation for the Factory needs to apply the law annual salary supplement or bonus. and pay the lunch break. 54 Mar-22 Compensation Paid Leave The factory pays workers incorrectly The factory needs to pay all for all types of paid time leave. types of leave based on worker's average daily earnings by including the lunch break payment. 54 Mar-22 Compensation Paid Leave Lunch break is not compensated in the payroll. Pay the daily lunch break accurately to all workers. 54 Mar-22 Compensation Paid Leave Inaccurate payment for maternity leave. The factory needs to register with OFATMA for maternity and health insurance that will allow workers to received 12 weeks of payments. The factory also need to pay for the lunch break. Mar-22 Compensation Paid Leave Inaccurate payment for sick leave. Feb-21 Compensation Premium Pay Inaccurate payment to workers work on Saturday. Assessment February 2021 Factory needs to register with OFATMA maternity and health insurance. The factory must register with OFATMA for maternity and health insurance that will allow workers to receive 12 weeks of t Factory needs to apply the law and pay the lunch break. Ensure that hours worked on Saturday are accurately compensated as overtime hours to all eligible workers. Factory is registered with OFATMA maternity and health insurance, but payment will start on August according to management Factory is registered with OFATMA maternity and health insurance, but payment will start on August according to management 54 54 54 10 141 Feb-21 Occupational Safety and Health Welfare Facilities The factory failed to provide a water test from a laboratory attesting that the water is safe. Maintain an adequate supply of water for all workers and ensure that the water is tested on a monthly basis. Feb-21 Occupational Safety and Health Health Services and First Aid Less than 10% of workforce have been trained in first aid. Train at least 10% of the workforce in first-aid. Feb-21 Occupational Safety and Health Health Services and First Aid Insufficient medical personnel. Hire additional nurses. Feb-21 Occupational Safety and Health Health Services and First Aid Annual Medical checks conducted by factory does not cover all required exams. Proactively work with OFATMA to distribute the health cards and conduct the medical checks as required. Feb-21 Occupational Safety and Health Health Services and First Aid Medical checks twice a year to workers exposed to work-related hazards does not cover all required exams. Proactively work with OFATMA to distribute the health cards and conduct the medical checks as required. Feb-21 Occupational Safety and Health Health Services and First Aid The factory does not provide systematic free health checks within the first three months of hiring that cover all required exams. Proactively work with OFATMA to distribute the health cards and conduct the medical checks as required. Feb-21 Occupational Safety and Health Working Environment Light levels were inappropriate in all Keep the light levels acceptable the working sections. in all department. Feb-21 Occupational Safety and Health Working Environment Workplace temperatures levels are unacceptable. Monitor the temperature level and maintain it under 30 C inside the workplace. Feb-21 Occupational Safety and Health Worker Protection The factory did not take any measures to maintain a social distance of 1.5 m. Ensure that 1.5 meter of distance is respected on the production floor. Feb-21 Occupational Safety and Health Worker Protection Improper maintenance of electrical panels. Improve the electrical maintenance. The factory conducted a water test attesting that the water is safe. The factory has properly maintained all electrical panels. 142 Feb-21 Occupational Safety and Health Worker Protection Sewing machines were missing pulley guards. Install all missing pulley guards and ensure proper monitoring is conducted.  Feb-21 Occupational Safety and Health Emergency Preparedness Insufficient number of workers trained in the use of fire-fighting equipment. Train at least 10% of the workforce on the use of firefighting equipment. Feb-21 Occupational Safety and Health Emergency Preparedness The employer did not conduct at least 2 emergency drill per year. Conduct an evacuation drill every The factory conducted a 6 months. evacuation drill on November 8, 2021 Feb-21 Occupational Safety and Health Emergency Preparedness Obstructed routes in the fabric warehouse and cutting area. Ensure that emergency exits and escape routes are not obstructed. Feb-21 Occupational Safety and Health Emergency Preparedness The evacuation map need to be updated and escape routes need to be clearly marked. Post updated evacuation plans for all buildings and Ensure that all escape routes are clearly marked.  Feb-21 Occupational Safety and Health Emergency Preparedness Two fire extinguishers were not identified and one was missing. Provide adequate fire fighting equipment and ensure regular maintenance is done.   The factory identified the two fire extinguishers with proper hazard signs and replace the missing one.  Feb-21 Occupational Safety and Health Emergency Preparedness Alarm in the cutting buildings was not working. Ensure that the cutting buildings has a functioning alarm system. The factory has repaired the alarm system. It is working properly now. Feb-21 Working Time Regular Hours Working time records did not reflect Have an accurate attendance the hours actually worked. recording system. Feb-21 Working Time Regular Hours The required break was not provided to pregnant women. Develop a policy for pregnant women, Include the additional breaks in the policy and inform all pregnant workers. 143 Feb-21 Occupational Safety and Health Worker Protection Standing mats were not available to all workers. Provide foot rests or shock absorbing mats to standing workers. Feb-21 Occupational Safety and Health Worker Protection The factory did not train workers in the use of protective equipment and machines. Train workers in the use of protective equipment and machines in the workplace. Feb-21 Occupational Safety and Health Worker Protection The factory did not Provide gloves and goggles to workers mixing the ink in the sublimation area. Provide appropriate PPE for all workers. Feb-21 Occupational Safety and Health Chemicals and Hazardous Substances The factory did not train workers using chemical and hazardous substances. Provide training on chemical management system to workers using chemical and hazardous substances in the workplace . Feb-21 Occupational Safety and Health Chemicals and Hazardous Substances MSDSs are not available in local language for all chemicals used in the workplace. Translate and post MSDS where chemicals are used in the workplace. Feb-21 Occupational Safety and Health Chemicals and Hazardous Substances Chemical and hazardous substances are not properly labelled. Label all chemicals and hazardous substances used in the workplace. Feb-21 Occupational Safety and Health Chemicals and Hazardous Substances Inventory of chemicals and hazardous substances is not updated. Update inventory of chemicals and hazardous substances in the workplace. Feb-21 Contract and Human Resources Termination No payment of annual salary supplement upon termination to workers with determined contract of two months. Ensure that workers are issued contracts with benefits matching the true nature of their jobs. Feb-21 Occupational Safety and Health Termination Ensure that workers are issued contracts with benefits matching the true nature of their jobs. Feb-21 Contract and Human Resources Contracting Procedures No payment of unused annual leave upon termination to workers with determined contract of two months. Factory does not provide lunch break to security guards working the night shift. Provide security guards with at least 1/2 hour for lunch break when they working the night shift. The factory supplied shock mats to workers made with fabric waste that did not meet specifications.  The Factory install some MSDS in the workplace as required, but they are in English.  The factory updated its inventory of chemicals and hazardous substances used in the workplace. The factory management ensures the night shit guards will have a break on a rotation basis. 144 Feb-21 Contract and Human Resources Employment Contracts Inaccurate workers contract. Ensure that workers are issued contracts with benefits matching the true nature of their jobs. Feb-21 Compensation Social Security and Other Benefits The factory is not affiliated to OFATMA for maternity and health insurance. Register with OFATMA for maternity and health insurance and submit employer's contribution regularly. Feb-21 Compensation Social Security and Other Benefits The factory is not affiliated with OFATMA for maternity and insurance. Register with OFATMA for maternity and health insurance. Collect and forward workers' contribution to OFATMA regularly. Feb-21 Compensation Social Security and Other Benefits Inaccurate payment to OFATMA Complete the payment for for work-related accident insurance. OFATMA work related accident for the fiscal year 2020-2021. Social Security and Other Benefits ONA's deduction collected on workers is inaccurate and payments are made late consistently. Ensure that the lunch break is include in workers contribution and forward on time to ONA. Feb-21 Feb-21 Compensation Social Security and Other Benefits The calculation of ONA payment is inaccurate and payments are made late consistently. Include the lunch break payment in the ONA contribution and ensure that ONA is paid on time. Feb-21 Compensation Paid Leave The lunch break is not compensated in the payroll. Pay the daily break accurately to all eligible workers. Feb-21 Compensation Paid Leave Inaccurate payment for maternity leave. Register in the mandatory maternity insurance system offered through OFATMA. Feb-21 Compensation Premium Pay Inaccurate payment to workers work on Saturday. Ensure that hours worked on Saturday are accurately compensated as overtime hours to all eligible workers. Feb-21 Compensation Minimum Wages/Piece Rate Wages Inaccurate payment to workers with Pay workers correctly, when their piece rate earnings exceed determined contract of two minimum wage. months. 145 BETTER WORK HAITI – 25TH SYNTHESIS REPORT Factory: Location: Number of workers: Date of registration: Date of last two Better Work assessments: H4H S.A Port-au-Prince 484 Aug-17 Nov-21 Aug-22 Advisory and Training Services 13-Dec-22 Virtual advisory meeting 28-Jul-22 Virtual advisory meeting Meeting on factory status and Factory plan to retrench and decrease in orders. Factory to share notice on concrete plan. Update and status of social ins ancewith andmanagement benefit Meeting on current situation and implementation of a rotation system. Follow up on the improvement plan. Discussion with Bipartite committee on current concerns. Factory to send evidence to change NC status on the IP. 17-Jun-22 Training Virtual Negotiation Skills 9-Jun-22 Virtual advisory meeting Meeting with management on the improvement plan. Discussion was also the challenges of the factory regarding to country security concerns that caused the factory not to meet some deadlines. 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. 11-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. ASSESSMENT COMPLIANCE CLUSTER COMPLIANCE POINT DETAILS OF NON COMPLIANCE IMPROVEMENT PRIORITIES REMEDIATION EFFORTS MONTHS Assessment August 2022 Aug-22 Occupational Safety and Health OSH Management Systems The employer did not perform regular review of effectiveness of management system. Perform regular review of effectiveness of management system including performance of measurable objectives and targets. 3 Aug-22 Occupational Safety and Health OSH Management Systems The factory does not have a hazard/risk management and control procedure. Include all necessary elements for an effective hazard/risk and control procedure. 3 146 Aug-22 Occupational Safety and Health OSH Management Systems The factory does not have the proper epidemic/pandemic procedure. Include all necessary elements for an appropriate hazard/risk and control procedure. Hygiene procedures - Entry and exit procedure - A COVID-19 Task force - Reporting procedure - Registry for all worker who present a body temperature of 38 degree and above. 3 Aug-22 Occupational Safety and Health OSH Management Systems There was no system in place to clean and disinfect all sewing machines, equipment and tools at least once a day. Have a procedure an place to clean and disinfect all sewing machines, equipment and tools. 3 Aug-22 Contracts and Human Resources Employment Contracts The factory does not have an adequate grievance handling and dispute resolution procedures. Update existing grievance handling and dispute resolution procedures to make it more effective. 3 Aug-22 Contracts and Human Resources Employment Contracts The disciplinary and termination procedure does not include all the necessary elements. Update the procedure to include missing elements. 3 Aug-22 Contracts and Human Resources Employment Contracts Management did not have documented evidence of performance evaluation procedures. Ensure to document properly the evaluation on procedures and remediation on HR concerns. Investigate violations of HR policies and procedures. 3 Aug-22 Contracts and Human Resources Employment Contracts The factory does not properly communicate HR policies and procedures. Include in the procedures the staff training on how to carry out policies and procedures. 3 Aug-22 Working Time Regular Hours Punch system is not operational and the attendance sheet does not mention the hours actually worked and is not signed by the workers. Ensure that the exact working time are reflected in the payroll. New punch system has been installed but improvement need to be done. 20 147 Aug-22 Working Time Regular Hours Management informed workers that pregnant woman can have access to additional breaks after 5 months of pregnancy. Ensure to provide additional breaks to pregnant women when the pregnancy is visible. Aug-22 Occupational Safety and Health Emergency Preparedness Less than 10 percent of the workforce is trained in fire fighting equipment. Train at least 10 percent of the workforce in fire fighting. 4 Aug-22 Occupational Safety and Health Emergency Preparedness Repaint the marks on the floor. 4 Aug-22 Occupational Safety and Health Emergency Preparedness The floor is not clearly marked, some area need to be repainted. Fire drill is not conducted every 6 months. Conduct fire drills every 6 months. It is scheduled to be triggered at the end of April and then in October every year. Evidence will be released after the exercise 63 Aug-22 Occupational Safety and Health Emergency Preparedness The aisles were obstructed by rolls of fabric in the fabric warehouse. Ensure that the aisles remained unobstructed during the working hours. Evidence has been sent to show that the aisles are no longer obstructed. 20 Aug-22 Occupational Safety and Health Emergency Preparedness The alarm system is not audible to all sections. Fix the alarm system. According to the compliance officer, alarm was changed to be heard in all the building. It was also scheduled to be triggered at the end of April and then in October. evidence will be released after the exercise 20 Aug-22 Occupational Safety and Health Health Services and First Aid Less than 10 percent of the workforce trained in in first aid. Ensure that an adequate number of the workforce is trained. The factory has 3 nurses and 1 doctor 5 days during the week. To comply with the Haitian Labor Code, a factory of this size must have a permanent onsite medical service, with at least 3 nurses and 3 doctor's visits per week. 20 Aug-22 Occupational Safety and Health Health Services and First Aid No evidence of annual medical checks were present in worker's files. Plan with Ofatma in order to have the medical check. 63 Aug-22 Occupational Safety and Health Health Services and First Aid No evidence of medical checks for workers exposed to work-related hazards were present in worker's files. Plan with Ofatma in order to have the medical check. 20 Maternity policy has been made, posters are also posted and HR has made information sessions during induction of new employees on break hours during pregnancy and during breastfeeding. 20 148 Aug-22 Occupational Safety and Health Health Services and First Aid No evidence of medical checks performed within the first 3 months of hiring were present in worker's files. Plan with Ofatma in order to have the medical check. Aug-22 Occupational Safety and Health Welfare Facilities The employer has not conducted the water test at the at the point of use to ensure the quality of the water. Conduct a water test on a monthly basis by a certified laboratory to ensure the water is safe. Water test should be conducted at the point of use. Aug-22 Occupational Safety and Health Welfare Facilities Insufficient number of toilets. Have an adequate number of toilets for women and men 63 Aug-22 Occupational Safety and Health Working Environment Insufficient light level in various sections of the workplace. Ensure that light level is adequate in all sections. 63 Aug-22 Occupational Safety and Health Worker Protection The factory does not check all workers and visitors body temperature upon entry in a systematic way. 37 Aug-22 Occupational Safety and Health Worker Protection More than 15 percent of sewing machines were missing finger guards and eye guards. Develop a policy to check all workers' and visitors' body temperature systematically. Keep a registry of all persons who present a body temperature of 38C or above. Install all the necessary guards. Aug-22 Occupational Safety and Health Worker Protection Management did not provide proper PPE to all workers. Aug-22 Occupational Safety and Health Chemicals and Hazardous Substances Unlabelled containers of chemical and Label all chemicals and hazardous substances properly. hazardous substances found in the workplace. 63 Aug-22 Occupational Safety and Health Chemicals and Hazardous Substances inaccurate inventory of chemical and hazardous products. Keep an accurate inventory of all chemical and hazardous substances used in the workplace, including quantities available and storage location. 63 Aug-22 Occupational Safety and Health OSH Management Systems General assessment reports were not available during the assessment visit. Perform a general OSH assessment on a regular basis and keep records of the assessment. 63 Provide proper PPE to all workers as needed. gloves and goggles for workers in the mechanical workshop nor safety belt and safety cap for workers in the fabric warehouse. Monitor the workers to ensure that PPE are used to prevent injuries. 20 The factory has conducted a water test for the month of March by a certified laboratory to ensure the water is safe. They need to do it on a monthly basis. Based on the circular sent by the Government on April 14,2022 no more needed of social distancing. 20 20 20 149 Aug-22 Contracts and Human Resources Termination The employer could not provide evidence where they notify the labour ministry or consulted workers' representatives before reducing the size of the workforce. Submit the requested evidence. 4 Contracts and Human Resources Termination The employer did not provide the dismissed workers' records to enable the assessors to verify the workers' payments for bonus upon termination. Submit dismissed workers files for verification. 4 Aug-22 Contracts and Human Resources Termination The employer did not provide the dismissed workers' records to enable the assessors to verify the workers' payments for the notice period. Aug-22 Contracts and Human Resources Termination The employer did not provide the dismissed workers' records to enable the assessors to verify the workers' payments for annual leave payment upon termination. Calculate all paid leave based on the average daily salary. 63 Aug-22 Contracts and Human Resources Contracting Procedures The security guards were not paid 50 percent above the minimum wage for overtime worked. Pay all worker 50 percent above the minimum wage for all overtime hours worked. 20 Aug-22 Compensation Social Security and Other Benefits The employer collected but did not forward workers' contributions to OFATMA for maternity and health on a monthly basis. Pay OFATMA for maternity and health contribution on time. 63 Aug-22 Compensation Social Security and Other Benefits The employer did not forward the workers' pay slips for the last 3 months. Forward to OFATMA the workers' pay slips for the last 3 months 63 Aug-22 Compensation Social Security and Other Benefits OFATMA work related accident insurance payment is late. Pay OFATMA Work related accident insurance on time every year. Submit a salary statement with the payment evidence. 63 Aug-22 Compensation Social Security and Other Benefits Pay ONA on a monthly basis, by the The employer collects but does not forwards workers' contributions to ONA 10th working day of the current month, for the previous month. on a monthly basis. 63 Aug-22 Compensation Paid Leave Annual leave payment is not calculated on the average daily earnings as required by the law. 56 4 Calculate all paid leave based on the average daily salary. 150 Aug-22 Compensation Wage Information, Use and Deduction During the assessment visit, the assessors were unable to verify the accuracy of the payroll, Ensure that the attendance system is linked with the payroll. 20 Aug-22 Compensation Overtime Wages The assessors were unable to verify if the employer pay worker 50 percent above the normal wage for ordinary overtime. Ensure that the attendance system is linked with the payroll. 20 Nov-21 Working Time Regular Hours Inaccurate attendance record. Use a punch system to record work hours and make sure that all work hours including overtime are recorded. Nov-21 Working Time Regular Hours Pregnant women are not allowed to take their additional breaks as required by law. Update the policy for pregnant women. Allow them to take their additional breaks as required by law. Nov-21 Occupational Safety and Health Emergency Preparedness Fire drills are not conducted every six months as recommended. Conduct a fire drill at least twice a year. Keep record of the fire drills. Nov-21 Occupational Safety and Health Emergency Preparedness Obstructed aisles. Keep all aisles unobstructed. Nov-21 Occupational Safety and Health Emergency Preparedness Alarm system does not function properly. Ensure that the alarm system is functioning loud enough so it can be heard everywhere in the factory. Nov-21 Occupational Safety and Health Health Services and First Aid Insufficient medical personnel. Hire more nurses to comply with the requirements of the labor code. Nov-21 Occupational Safety and Health Health Services and First Aid No evidence of annual medical checks were present in worker's files. Provide free annual medical checks for all workers. Nov-21 Occupational Safety and Health Health Services and First Aid No evidence of medical checks for workers exposed to work-related hazards were present in worker's files. Provide free medical checks twice a year, to all workers who are exposed to chemical and hazardous substances. Nov-21 Occupational Safety and Health Health Services and First Aid No evidence of medical checks performed within the first 3 months of hiring were present in worker's files. Provide Free medical checks to all workers, within the first three months of hiring. Nov-21 Occupational Safety and Health Welfare Facilities The eating areas do not have the capacity to accommodate all workers. Provide an eating area that can accommodate all workers. Ensure that the social distancing measure of 1.5 meter can be respected. Assessment November 2021 The management trained the pregnant women 151 Nov-21 Occupational Safety and Health Welfare Facilities Water test is not conducted from the proper source. Factory must take the water sample for the test from the exit point at the water cooler. Nov-21 Occupational Safety and Health Welfare Facilities Insufficient number of toilets. Factory needs to increase the number of toilets to comply with the labor law. Nov-21 Occupational Safety and Health Working Environment Insufficient light level in various sections of the workplace. Ensure that light level is adequate in all sections. Nov-21 Occupational Safety and Health Working Environment Temperature levels are above the recommended limit in all sections of the factory. Provide a cooling system to ensure that temperature levels do not exceed 30C, as recommended by Better Work. Nov-21 Occupational Safety and Health Worker Protection The factory does not check all workers and visitors body temperature upon entry in a systematic way. Develop a policy to check all workers' and visitors' body temperature systematically. Keep a registry of all persons who present a body temperature of 38C or above. Nov-21 Occupational Safety and Health Worker Protection The factory did not take the appropriate measures to respect workers' physical and social distancing. Take the necessary measure to respect the social distance of 1.5M, as recommended. Nov-21 Occupational Safety and Health Worker Protection Improper maintenance of power generator. Improper maintenance of electrical wiring system. Perform regular maintenance of power generator and electrical wiring system. Keep records of maintenance work performed. Nov-21 Occupational Safety and Health Worker Protection Proper PPE is not provided to all workers in the factory. Provide proper PPE to all workers as needed. Monitor the workers to ensure that PPE are used to prevent injuries. Nov-21 Occupational Safety and Health Chemicals and Hazardous Substances Eye wash stations are not installed in all sections where chemical and hazardous substances are used. Install eye wash stations or eye wash bottles in all sections where chemical and hazardous substances are used. Nov-21 Occupational Safety and Health Chemicals and Hazardous Substances The employer did not provide training to workers on chemical handling products. Provide training to all workers who are handling chemical and hazardous substances. Provide them with proper PPE. Nov-21 Occupational Safety and Health Chemicals and Hazardous Substances Chemical Safety Data Sheets (MSDS) were missing for several chemical and hazardous substances found in the workplace. Post MSDS were chemicals and hazardous substances are used. MSDS must be in local language. 152 Unlabelled containers of chemical and hazardous substances found in the workplace. Inaccurate inventory of chemical and hazardous substances used in the workplace. Label all chemicals and hazardous substances properly. Nov-21 Occupational Safety and Health Chemicals and Hazardous Substances Nov-21 Occupational Safety and Health Chemicals and Hazardous Substances Nov-21 Occupational Safety and Health OSH Management Systems Interview with management confirmed that the general assessment reports were not available during the assessment visit. Nov-21 Contract and Human Resources Termination Unused paid leave are not calculated based on the average daily salary. Calculate all paid leave based on the average daily salary. Lunch break payment must be included in the calculation. Nov-21 Compensation Contracting Procedures The security officers were not paid 50 percent above the minimum wage for overtime worked. Pay all worker 50 percent above the minimum wage for all overtime hours worked. Nov-21 Compensation Social Security and Other Benefits The employer collected but did forward Pay OFATMA contribution on time. workers' contributions to OFATMA on Payment must be made within the first a monthly basis. 10 working days of the current month, for the previous month. Nov-21 Compensation Social Security and Other Benefits The employer contribution to OFATMA is calculated on the basic salary. Pay OFATMA contribution on time. Payment must be made within the first 10 working days of the current month, for the previous month. Nov-21 Compensation Social Security and Other Benefits OFATMA work related accident insurance payment is late. Pay OFATMA Work related 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 Benefits Pay ONA on a monthly basis, by the The employer collects but does not forwards workers' contributions to ONA 10th working day of the current month, for the previous month. on a monthly basis. Nov-21 Compensation Social Security and Other Benefits The employer contribution to ONA is submitted late. Keep an accurate inventory of all chemical and hazardous substances used in the workplace, including quantities available and storage location. Perform a general OSH assessment on a regular basis and keep records of the assessment so the y can be available when needed. Pay ONA on a monthly basis, by the 10th working day of the current month, for the previous month. 153 Nov-21 Compensation Paid Leave The annual leave payment is not calculated based on worker's average daily earnings. Calculate annual leave payment based on the average daily salary. Lunch break payment must be included in the calculation. Nov-21 Compensation Wage Information, Use and Deduction Attendance system does not accurately reflect the total hours worked. Provide an attendance system that records all working hours accurately. Ensure that all hours worked, including overtime are properly reflected in the payroll. Nov-21 Compensation Overtime Wages Assessors were unable to verify if the employer pay worker 50 percent above the normal wage for ordinary overtime. Provide an attendance system that records all working hours accurately. Ensure that all hours worked, including overtime are properly reflected in the payroll. 154 BETTER WORK HAITI – 25TH SYNTHESIS REPORT Factory: Location: Number of workers: Date of registration: Date of last two Better Work assessments HAITI BEST SEWING MFG SA Arrondissement de Port-au-Prince 470 Oct-09 Feb-21 Mar-22 Advisory and Training Services 15-Sep-22 Advisory meeting Meeting was done to: Review improvement plan Plan next meeting with workers to conform the PICC Advisory meeting to discuss PICC Committee: Follow up has to be done to have the members in for the next training Worker protection, PPE materials needed. Training needed: First aid and Emergency preparedness. 22-Jun-22 Advisory meeting 5-May-22 8-Mar-22 28-Feb-22 Advisory meeting Advisory meeting Advisory meeting Virtual advisory to revise findings from the last assessments. Meeting about Chemicals products, Worker protection, training for first aid and emergency preparedness. Advisory meeting to discuss about the roadmap for 2022. Review of improvement plan 9-Dec-21 16-Nov-21 Advisory meeting Advisory meeting Meeting with Abraham Felix and Carine Felix to review improvement plan.  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. ASSESSMENT COMPLIANCE CLUSTER COMPLIANCE POINT DETAILS OF NON COMPLIANCE Mar-22 Compensation Social Security and Other Benefits The factory did not provide any proof of payment for OFATMA accident insurance for the fiscal year 20212022. Pay OFATMA for accident insurance for the fiscal year 2021-2022 as per the agreement with OFATMA. 20 Mar-22 Compensation Social Security and Other Benefits Factory does not consistently collect and forward ONA contributions on time. Factory need to deduct contributions from worker regularly and submit them to ONA within the first 10 working days of the following month. 61 Mar-22 Compensation Social Security and Other Benefits Factory does not consistently collect and forward OFATMA contributions on time. Factory need to deduct contributions from worker regularly and submit them to OFATMA within the first 10 working days of the following month. 61 Mar-22 Contracts and Human Resources Employment Contracts The factory did not share an internal work rules with the name of Haiti Best Sewing assessors. Factory needs to review the internal work rules with the name of Haiti Best Sewing and submit it to the Ministry of Labour for approval. 8 IMPROVEMENT PRIORITIES REMEDIATION EFFORTS MONTHS Assessment March 2022 155 Mar-22 Occupational Safety and Health OSH Management Systems Management did not provide evidence of OSH assessment reports for the last 12 months. Develop an OSH assessment procedure 123 and conduct an OSH general assessment on a monthly basis. 115 Mar-22 Occupational Safety and Health OSH Management Systems The employer has not developed any mechanism to ensure cooperation on OSH matters. Develop mechanism to ensure cooperation on OSH matters, by establishing an OSH committee. 51 Mar-22 Occupational Safety and Health OSH Management Systems Factory does not have a building permits that covers all structures. Have the building inspected by the proper authorities and provide the certificate. 21 Mar-22 Occupational Safety and Health Chemicals and Hazardous Substances Inaccurate Inventory of chemicals and hazardous substances. Update inventory of chemicals and hazardous substances in the workplace. 123 Mar-22 Occupational Safety and Health Chemicals and Hazardous Substances Unidentified container chemical and hazardous substances found in the workplace. Label all chemicals and hazardous substances used in the workplace. 123 Mar-22 Occupational Safety and Health Chemicals and Hazardous Substances Chemicals and hazardous substances were not properly stored Remove chemical from the sun. Store the chemicals and hazardous substances appropriately. 41 Mar-22 Occupational Safety and Health Chemicals and Hazardous Substances MSDSs are not available in local language for all chemicals used in the workplace. Post MSDS where all chemical products are used. 129 Mar-22 Occupational Safety and Health Chemicals and Hazardous Substances The factory did not train workers using chemical and hazardous substances. Provide training to all workers who are working with chemicals. Keep a record of the training provided. Management did not know that workers were using chemical products. Management will follow up on this issue. 124 Mar-22 Occupational Safety and Health Worker Protection Management did not provide any evidence of training provided to workers to properly use personal protective equipment and machines. Provide training n the use of PPE and machines to al workers. All workers know it is necessary to use the protection on the machines. 11 Mar-22 Occupational Safety and Health Worker Protection Several sewing machines were missing finger guards, eye guards and pulley guards. Install the necessary guards on all machines. 11 Mar-22 Occupational Safety and Health Worker Protection Improper maintenance of electrical system. Make sure that all electrical boxes are closed or covered. Post hazard sign on all electrical panels. 51 156 Mar-22 Occupational Safety and Health Worker Protection The factory does not keep a checklist to register workers who present a body temperature of 38C and above. Keep a register for workers who present a temperature of 38C or above. 11 Mar-22 Occupational Safety and Health Worker Protection The employer did not provide sufficient ergonomic equipment to workers. Provide standing mats to all workers. Provide chairs with backrest to all workers. 11 Mar-22 Occupational Safety and Health Working Environment Workplace temperature levels are unacceptable. Monitor the temperature level and maintain it under 30 C inside the workplace. 123 Mar-22 Occupational Safety and Health Working Environment Light levels were inappropriate in all the working sections. Ensure the lighting is adequate and adapted to worker's needs. 63 Mar-22 Occupational Safety and Health Working Environment The mechanic shop was not well maintained. Keep mechanic workshop clean and tidy. 11 Mar-22 Occupational Safety and Health Welfare Facilities Insufficient number of Toilets. Increase the number of toilets. 123 Mar-22 Occupational Safety and Health Health Services and First Aid Health checks is not provided to workers within the first three months of hiring. Pay the CDS and coordinate with OFATMA to provide free health checks to the workers within the first three months of hiring. 106 Mar-22 Occupational Safety and Health Health Services and First Aid Free health checks was not provided to Provide health checks to workers exposed to work-related hazards at workers exposed to work-related least twice a year. hazards. 51 Mar-22 Occupational Safety and Health Health Services and First Aid Free annual medical checks was not provided to workers. Arrange free annual medical checks for workers. 104 Mar-22 Occupational Safety and Health Health Services and First Aid Insufficient number of medical personnel. Medical service for the factory must have a permanent onsite medical service, with at least 2 nurses and 3 doctor's visits per week. 123 Mar-22 Occupational Safety and Health Health Services and First Aid First aid boxes are missing supplies and they have expired products. Develop a checklist to verify the 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. 11 157 Mar-22 Occupational Safety and Health Health Services and First Aid Less than 10 percent of the workforce was trained in first aid. The factory must provide first aid training to at least 10 percent of the workers present. 20 Mar-22 Occupational Safety and Health Emergency Preparedness Fire alarm system is not installed in several buildings. Fire alarm system need to be installed and working properly in building 2 and the cutting building 73 Mar-22 Occupational Safety and Health Emergency Preparedness Obstructed fire extinguishers and improper maintenance of fire extinguishers. Keep fire extinguisher unobstructed. Train workers and supervisors on the use and importance of fire extinguishers. Mar-22 Occupational Safety and Health Emergency Preparedness Inaccurate and missing evacuation plan. The factory floor is not properly marked. Prepare the evacuation plan. Paint evacuation arrows and 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). 92 Mar-22 Occupational Safety and Health Emergency Preparedness The aisles were obstructed by tables and boxes. 11 Mar-22 Occupational Safety and Health Emergency Preparedness The factory did not conduct an emergency drill every 6 months as recommended by Better Work. Remind supervisors about their responsibility to enforce OSH in their area. Identify additional storage area Review and update the internal audit procedure Ensure that the factory conduct fire drills and emergency awareness training every 6 month to prepare and inform of possible workplace emergencies. Mar-22 Occupational Safety and Health Emergency Preparedness Less than 10 percent of the workforce was trained in fire fighting. Training needed for workers in fire fighting. Mar-22 Occupational Safety and Health Emergency Preparedness Evidence of risk assessment was not available. Develop risk assessment procedure. Perform regular risk assessment. Management will develop a risk assessment procedure. 45 Mar-22 Working Time Regular Hours Factory does not provide the legally required breastfeeding breaks to nursing women. Give the legally required break to all nursing women. Factory will develop policy for pregnant and nursing women. Policy will be posted on the factory floor. 20 Factory has done the correction. 73 107 158 Mar-22 Contracts and Human Resources Employment Contracts The factory has HR policy does not include all the necessary elements. Review the procedure to include: Preventing sexual harassment Equal treatment and nondiscrimination Freedom of association Review the actual procedure to include disciplinary and termination procedures that includes: Unacceptable behaviours or performance Legal notice periods and termination payments A step-bystep warning system The right to Factory needs to review its internal rules to include a clear specification for a fair review process and how changes should be communicated. Management will review the HR policy. 11 Mar-22 Contracts and Human Resources Employment Contracts The factory does not have an appropriate disciplinary and termination procedures. Management will review the disciplinary and termination procedures to include all the necessary steps. 11 Mar-22 Contracts and Human Resources Employment Contracts The factory does not have an appropriate grievance policy. Mar-22 Contracts and Human Resources Employment Contracts The factory's recruitment procedures does not include all the necessary elements. Review the recruitment procedure to include the following elements: Hiring criteria that are applied equally to all job applicants. Verifying the age of workers prior to hiring. Ensuring compliance with legal Establish an OSH committee with clear reporting lines and hold regular monthly meetings. Keep minutes of the meeting and share with committee members. Hire an OSH officer with sufficient expertise. Management is working to finalize the recruitment procedure. 11 Mar-22 Occupational Safety and Health OSH Management Systems The employer does not adequately assigns accountability for Occupational Health and Safety to OSH Officer and HR Director. Factory is seeking the support of Better Work to establish the OSH committee. 11 Mar-22 Occupational Safety and Health OSH Management Systems No. The employer does not properly investigates monitors and measures OSH issues. The factory should investigate OSH issues through: 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. 11 Mar-22 Occupational Safety and Health OSH Management Systems The factory does not have an accident investigation procedure that includes all the necessary steps. 11 Mar-22 Occupational Safety and Health OSH Management Systems The factory does not have an emergency preparedness procedure that includes all the necessary elements. Review the actual procedure to include Root cause analysis, Focus on sustainable solutions and Implementation of changes in order to avoid reoccurrence. Factory needs to do have an emergency preparedness procedure that includes: Reporting fires and other emergencies Alerting all employees to evacuate, evacuating employees to designated assembly location, accounting for all employees after an evacuation. 11 11 159 Mar-22 Occupational Safety and Health OSH Management Systems The factory does not have a hazard/risk management and control procedure that includes all the necessary elements. Mar-22 Occupational Safety and Health OSH Management Systems The factory has an OSH policy that is not signed by top management. 11 The factory need to do a hazard/risk management and control procedure that includes: A 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 The policy has to be reviewed in consultation with workers and their representatives and a clear commitment to compliance with legal requirement pertaining to OSH has to be included. Management has to sign the OSH 11 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 required breastfeeding breaks to nursing women. Give the legally required break to all nursing women. Factory will develop policy for pregnant and nursing women. Policy will be posted on the factory floor. Feb-21 Working Time Regular Hours Pregnant workers are not allowed to take two extra breaks. Give the legally required break to all pregnant women. Factory will develop policy for pregnant and nursing women. Policy will be posted on the factory floor. Feb-21 Working Time Regular Hours Working hours including break time were not posted in all building. Factory will post working hours. Feb-21 Occupational Safety and Health Emergency Preparedness Evidence of risk assessment was not available. Post working hours including break time in all building were all workers can see it. Develop risk assessment procedure. Perform regular risk assessment. Feb-21 Occupational Safety and Health Emergency Preparedness The employer did not conduct at least 2 emergency drill per year. Conduct fire drill at least twice a year. Feb-21 Occupational Safety and Health Emergency Preparedness Obstructed emergency exits. Keep emergency exit unobstructed. Feb-21 Occupational Safety and Health Emergency Preparedness Evacuation plan of one building is not updated and no evacuation plan for another one. Post updated evacuation plans for all buildings. 160 Feb-21 Occupational Safety and Health Emergency Preparedness Fire extinguishers were not properly maintained and some areas were missing fire extinguishers. Provide adequate firefighting equipment and Ensure regular maintenance is done.   Feb-21 Occupational Safety and Health Emergency Preparedness Obstructed or missing fire alarm system. Ensure that all buildings have an accessible and a functioning alarm system. Feb-21 Occupational Safety and Health Health Services and First Aid First aid training had not been provided to workers. Provide First aid training to at least 10 percent of the workforce. Feb-21 Occupational Safety and Health Health Services and First Aid Insufficient medical personnel. Contract one doctor and one additional nurse. Feb-21 Occupational Safety and Health Health Services and First Aid Free annual medical checks was not provided to workers. Arrange free annual medical checks for workers. Feb-21 Occupational Safety and Health Health Services and First Aid Free health checks was not provided to Provide health checks to workers workers exposed to work-related exposed to work-related hazards at hazards. least twice a year. Feb-21 Occupational Safety and Health Health Services and First Aid Health checks was not provided to workers within the first three months of hiring. Provide health checks to workers within the first three months of hiring. Feb-21 Occupational Safety and Health Welfare Facilities Insufficient number of Toilets. Increase the number of toilets. Feb-21 Occupational Safety and Health Working Environment Light levels were inappropriate in all the working sections. Ensure the lighting is adequate and adapted to worker's needs. Feb-21 Occupational Safety and Health Working Environment Workplace temperature levels are unacceptable. Monitor the temperature level and maintain it under 30 C inside the workplace. Feb-21 Occupational Safety and Health Worker Protection Social distance is not respected on the factory. Ensure that 1.5 meter of distance is respected within the workplace. Feb-21 Occupational Safety and Health Worker Protection Improper maintenance of electrical system. Post hazard sign on all electrical panels. Feb-21 Occupational Safety and Health Worker Protection Several workers were not using the safety guards installed on their machines. No evidence of training were available. Provide machine safety training to all workers. Keep record of training provided. 161 Feb-21 Occupational Safety and Health Worker Protection The factory did not provide appropriate PPE to all workers. Provide Heavy lifting support to all workers. Feb-21 Occupational Safety and Health Chemicals and Hazardous Substances Install eye wash stations where chemicals are used. Feb-21 Occupational Safety and Health Chemicals and Hazardous Substances Eye washing facilities were not available in sections where chemicals are used. The factory did not train workers using chemical and hazardous substances. Feb-21 Occupational Safety and Health Chemicals and Hazardous Substances The factory does not have appropriate spot cleaning area. Isolate the spot cleaning section. Install Vacuum machines, exhausts and eye wash station in the spot cleaning area. Feb-21 Occupational Safety and Health Chemicals and Hazardous Substances MSDSs are not available in local language for all chemicals used in the workplace. Ensure that MSDS are available and posted where all chemical products are used. Feb-21 Occupational Safety and Health Chemicals and Hazardous Substances Chemicals and hazardous substances were not properly stored Remove chemical from the sun. Store the chemicals and hazardous substances appropriately. Feb-21 Occupational Safety and Health Chemicals and Hazardous Substances Chemical and hazardous substances are not properly labelled. Label all chemicals and hazardous substances used in the workplace. Feb-21 Occupational Safety and Health Chemicals and Hazardous Substances Inventory of chemicals and hazardous substances is not updated. Update inventory of chemicals and hazardous substances in the workplace. Feb-21 Occupational Safety and Health OSH Management Systems Hazard signs were not posted near the sewing lines. Post hazard signs in all required locations. Feb-21 Occupational Safety and Health OSH Management Systems Factory does not have a building permits that covers all structures. Have the building inspected by the proper authorities and provide the certificate. Feb-21 Occupational Safety and Health OSH Management Systems The employer has not developed any mechanism to ensure cooperation on OSH matters. Develop mechanism to ensure cooperation on OSH matters, by establishing an OSH committee. Feb-21 Occupational Safety and Health OSH Management Systems Management could not provide evidence of OSH assessment reports for the last 12 months. Conduct OSH internal assessment on a regular basis. Provide training to all workers who are working with chemicals. Keep a record of the training provided. The factory provides heavy lifting belts to workers. They will check regularly to make sure that the workers use them. 162 Feb-21 Contract and Human Resources Contracting Procedures Non-production workers who work in the warehouse did not have safety belts for heavy lifting. Factory needs to systematically ensure safety belts are provided to that all safety precautions are enforced. workers. Feb-21 Contract and Human Resources Employment Contracts Workers' contract did not comply with the Labour Code. Review the employment contract to include the required elements. Feb-21 Compensation Social Security and Other Benefits Inaccurate to OFATMA for maternity and health insurance. Collect and forward 3 per cent of workers' average salary to OFATMA for maternity and health insurance. Feb-21 Compensation Social Security and Other Benefits Inaccurate to OFATMA for maternity and health insurance. Pay 3 per cent of workers' average salary to OFATMA for maternity and health insurance. Feb-21 Compensation Social Security and Other Benefits No proof of payment to OFATMA for work related accident was shared During the assessment visit. Management needs to contact OFATMA to make the payment. Management made the payment to OFATMA for work related accident insurance. Proof was sent to BW. Compensation Social Security and Other Benefits Worker's contribution to ONA is late. Collect and forward workers' contribution to ONA on time. Employer submitted proof of Payment to ONA. Payments are current. Feb-21 Compensation Social Security and Other Benefits Employer's contribution to ONA is late. Pay employer's contribution to ONA on time. Employer submitted proof of 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 Deduction Lack of accuracy of overtime hours. Pay and report overtime according to the legal requirements. Feb-21 Compensation Overtime Wages Not all overtime hours were reported in the payroll records. Pay overtime accordingly. 163 BETTER WORK HAITI – 25TH SYNTHESIS REPORT Factory: Location: Number of workers: Date of registration: Date of last two Better Work assessments: Haiti Premier Apparel S.A. Port-au-Prince 1080 Sep-16 Nov-19 Nov-21 Notes: Haiti Premier was not assessed this year because it was closed starting in September and reopened Dec 1st 2022 Advisory and Training Services 2-Sep-22 Virtual Bipartite Meeting Meeting on self Diagnosis process. 2-Sep-22 Virtual advisory meeting Meeting with the compliance team to validate pending issues in the improvement plan such as compensation and working time. 17-Jun-22 Virtual Bipartite Meeting Meeting with the bipartite committee on working time. 17-Jun-22 Virtual advisory meeting Meeting with the compliance to validate pending issues on the portal, Session on HR management systems. 27-May-22 Virtual advisory meeting Meeting with the compliance team to present the training monitoring systems, Review and update the Improvement Plan, Gap analysis on GBVH. 27-May-22 Virtual advisory meeting 29-Apr-22 Virtual Bipartite 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. 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. ASSESSMENT COMPLIANCE CLUSTER COMPLIANCE POINT DETAILS OF NON COMPLIANCE IMPROVEMENT PRIORITIES Nov-21 Working Time Regular Hours Pregnant women do not have additional systematic breaks. Develop a procedure, providing additional breaks to pregnant women. Nov-21 Working Time Regular Hours The regular working hours are from exceed the legal limit Revise the internal regulations and make sure that the regular hours do not exceed 48 hours per week. REMEDIATION EFFORTS MONTHS Assessment November 2021 The factory has a procedure in place for additional breaks for pregnant women. 13 13 164 Nov-21 Occupational Safety and Health Emergency Preparedness Improper location of a power outlet, right below an eyewash station. Relocate power outlet in a proper location or relocate eye wash station. Training has been conducted. 13 Nov-21 Occupational Safety and Health Emergency Preparedness The escape routes are not clearly marked in all the buildings. Paint evacuation arrows and yellow lines on the floor to show the exit pathway. The floor has been repainted. 37 Nov-21 Occupational Safety and Health Health Services and First Aid Insufficient medical staff. Hire additional medical staff to have at least 6 nurses for the current workforce and 3 doctor's visit per a week. 65 Nov-21 Occupational Safety and Health Health Services and First Aid Workers have not received appropriate annual health checks as prescribed by the law. Discuss the legal requirements with the General Manager. Pay the health card. Provide free annual health checks to all workers. 65 Nov-21 Occupational Safety and Health Health Services and First Aid Newly hired workers do not received the health card within the first 3 month of hiring. Discuss the legal requirements with the General Manager. Pay for the (CDS) health card. 13 Nov-21 Occupational Safety and Health Welfare Facilities Insufficient number of toilets for men and women. Increase the number of toilets to have at least one toilet for every 25 men and one toilet for every 15 women. 65 Nov-21 Occupational Safety and Health Working Environment Light level is insufficient in all sections. Increase the light level to reach 300 lux in Pressing section, 500 lux in Sewing, cutting, packing. 750 lux in trimming, Inspection section. 65 Nov-21 Occupational Safety and Health Working Environment Workplace temperature exceed 30 C in all sections. Increase the ventilation with additional fans. Conduct regular measurement of temperature & compare with threshold value. 13 165 Nov-21 Occupational Safety and Health Worker Protection Visitor's body temperature is not checked consistently. Check all workers' and visitors' temperature at the entrance. Keep a registry for people presenting a temperature of 38 C and above. The factory has implemented a registry for people presenting a temperature above 38 C. 13 Nov-21 Occupational Safety and Health Worker Protection Several sewing machines were missing the finger guards. Develop a maintenance plan and install guards on all dangerous moving parts of machines and equipment. The protective guards have been installed on the sewing machines. 13 Nov-21 Occupational Safety and Health Worker Protection Several chairs were missing back rest and several others were in poor condition. Include this aspect in the daily and weekly checks. Provide chairs with backrest to all workers. 13 Nov-21 Occupational Safety and Health Worker Protection Proper personal protective equipment are not provided to all workers. Provide employees with all necessary personal protective clothing and equipment according to PPE regulation. 65 Nov-21 Occupational Safety and Health Chemicals and Hazardous Substances Unlabelled containers of chemical and hazardous substances found in the workplace. Develop a policy on chemical management and include this aspect in the daily and weekly checks. Label all containers of chemical products. 37 Nov-21 Occupational Safety and Health Chemicals and Hazardous Substances Incomplete and Inaccurate inventory of chemical and hazardous substances. Develop a chemical management policy. Review and update the inventory regularly. Nov-21 Contracts and Human Resources Termination The calculation of workers' bonus payment upon termination does not include the lunch break payment. Discuss legal requirements with the General Manager and pay the lunch break. 13 Nov-21 Contracts and Human Resources Termination The calculation of unused paid annual leave payment upon termination does not include the lunch break payment. Discuss legal requirements with the General Manager and pay the lunch break. 13 Nov-21 Contracts and Human Resources Termination The calculation of the applicable notice period payment does not include the lunch break payment. Discuss legal requirements with the General Manager and pay the lunch break. 13 The factory kept a daily inventory on site where chemicals are used. 43 166 Nov-21 Contracts and Human Resources Employment Contracts Workers' contracts do not include all the necessary elements of a written contract such as nature of work, benefit and employer's signature. Review all contract to include the necessary elements. Provide an employment contract to all workers. 13 Nov-21 Compensation Social Security and Other Benefits The calculation for the annual salary supplement or bonus does not include the lunch break payment. Discuss legal requirements with the General Manager, pay the lunch break and include it in the calculation for the annual salary supplement. 13 Nov-21 Compensation Social Security and Other Benefits The employer does not collect and forward workers contribution to OFATMA for maternity and health insurance. Pay the lunch break. Register with OFATMA for maternity and heath insurance. Collect and forward workers contribution to the social security institution. 65 Nov-21 Compensation Social Security and Other Benefits The employer does not contribute 3 percent of workers' basic salary to OFATMA for maternity and health insurance. Discuss legal requirements with the General Manager, pay the lunch break and contribute 3 percent of workers' basic salary to the social security institution. 65 Nov-21 Compensation Social Security and Other Benefits The factory has not shared proof of payment to OFATMA for workrelated accident insurance for the fiscal year 2020-2021. Pay OFATMA work related accident on time. Pay the CDS (Health Card) as well. 75 Nov-21 Compensation Social Security and Other Benefits Worker's contributions to ONA are not submitted on time consistently and do not include the lunch break payment. 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. 44 Nov-21 Compensation Social Security and Other Benefits Employers contributions to ONA are not submitted on time consistently and do not include the lunch break payment. Pay the lunch break and Forward employer contribution to ONA within the first 10 business days of the next month for the previous month. 44 Nov-21 Compensation Paid Leave The factory did not pay annual leave, Sick leave, maternity leave and the daily break correctly. Pay the lunch break and include it in the calculation of annual leave, sick leave and maternity leave. 13 167 Nov-21 Compensation Paid Leave The lunch break is not compensated in the payroll. Pay the lunch break. 13 Nov-21 Compensation Paid Leave Workers are paid 6 weeks of maternity leave when they are entitled to 12 weeks of payment. Register with OFATMA for maternity and health insurance and pay the lunch break. Ensure that workers receive 12 weeks of payment for maternity leave. 59 Nov-21 Compensation Paid Leave The calculation of payment for sick leave does not include the lunch break payment. Pay the lunch break and include it in the calculation of sick leave. 13 Nov-21 Compensation Paid Leave The daily break is not compensated and included in the calculation of the annual leave payment. Pay the lunch break and include it in the calculation of annual leave. 13 Assessment October 2020 - November 2019 Oct-20 Occupational Safety and Health OSH Management Systems The factory does not have an Develop an adequate COVID-19 adequate COVID-19 protocol that protocol with all the relevant includes all the relevant elements. elements as per Better Work Haiti's guidelines. Nov-19 Compensation Paid Leave The factory has not registered with OFATMA for maternity and health insurance. Register with OFATMA for maternity and health insurance to ensure that workers receive 12 weeks payment for maternity leave. Nov-19 Compensation Social Security and Other Benefits Inaccurate and late payments of employer's contributions to ONA. Pay ONA on time. Forward 6 % of workers base salary to ONA for employer's contribution. Nov-19 Compensation Social Security and Other Benefits Inaccurate and late payment of workers' contributions to ONA. Pay ONA on time. Forward 6 % of workers base salary to ONA for the workers' contribution. Nov-19 Compensation Social Security and Other Benefits Payment to OFATMA for work related accidents insurance was late and inaccurate. Complete the payment for the fiscal 2018-2019. The company is reviewing the COVID-19 policy. 168 Nov-19 Compensation Social Security and Other Benefits Factory has not registered with OFATMA for maternity and health insurance. Register with OFATMA for maternity and health insurance and forward employer's contribution. Nov-19 Compensation Social Security and Other Benefits Factory has not registered with OFATMA for maternity and health insurance. Register with OFATMA for maternity and health insurance and forward workers' contributions. Nov-19 Occupational Safety and Health OSH Management Systems No construction/building permits were available at the time of assessment. Have an evaluation from an independent qualified entity to ensure that the building is safe. Nov-19 Occupational Safety and Health Chemicals and Hazardous Substances Incomplete inventory of chemical and hazardous substances. Keep a complete and accurate inventory of all chemical and hazardous substances used in the workplace. Nov-19 Occupational Safety and Health Chemicals and Hazardous Substances Improper labelling of chemical products containers. Label the chemical containers properly. Nov-19 Occupational Safety and Health Chemicals and Hazardous Substances Improper storage of chemical and hazardous substances. Store chemicals in a appropriate location. Nov-19 Occupational Safety and Health Chemicals and Hazardous Substances Translate MSDS into local Several material safety data sheets were not displayed in the language and post where needed. local language. All MSDS are translated and posted where chemicals are used and stored. Nov-19 Occupational Safety and Health Worker Protection Workers in several areas of the workplace were not using proper PPE. Provide necessary protective equipment to workers where needed. PPE have been provided to workers. Nov-19 Occupational Safety and Health Worker Protection Standing workers in several sections of the workplace did not have anti fatigue mats nor the footrest . Provide foot rest or ergonomic mats to all standing workers. Management replaced damaged mats. All standing workers are provided with mats. Factory listed all the chemicals used in the workplace and included them in separated chemical inventory depending on their purpose. Training has been provided and containers are properly labelled. 169 Nov-19 Occupational Safety and Health Working Environment Insufficient light levels in several sections of the workplace Ensure that light level is adequate in all section especially in the inspection section of building one and the sewing of building 2. Nov-19 Occupational Safety and Health Working Environment Dust observed on the surface of sewing machines, electrical panels and on fans. Clean all electrical equipment regularly. Clean sewing machines regularly. Nov-19 Occupational Safety and Health Welfare Facilities Insufficient number of toilets available for women. Increase the number of toilets available for women. Nov-19 Occupational Safety and Health Health Services and First Aid Annual medical checks are not provided to workers. Provide free medical checks to all workers annually. Nov-19 Occupational Safety and Health Health Services and First Aid Insufficient number of nurses. Increase the number of nurse to seven. Nov-19 Occupational Safety and Health Emergency Preparedness Unmarked escape routes. Repaint the escapes routes. Nov-19 Occupational Safety and Health Emergency Preparedness Improper storage of flammable products. Store the chemical in an appropriate and safe place. Management has contracted DASH for medical checks to workers. In addition, onsite medical staff is in charge to provide medical checks. The factory repainted the escape routes within the sewing floors. 170 BETTER WORK HAITI – 25TH SYNTHESIS REPORT Factory: Location: Number of workers: Date of registration: Date of last two Better Work assessments: HANSAE HAITI S.A Arrondissement de Port-au-Prince 2699 Jan-17 Feb-21 Mar-22 Advisory and Training Services 29-Nov-22 Virtual Advisory meeting Meeting to prepare the progress report 2. Review of pending finding. Meeting with bipartite committee members on workers pending concerns. 17-Nov-22 Training Virtual Introduction to Workers Rights & Responsibilities 11-Nov-22 Training Virtual Introduction to Workers Rights & Responsibilities 28-Oct-22 Training Virtual Introduction to Workers Rights & Responsibilities 3-Oct-22 Virtual Advisory meeting Meeting with the management on the service model and timeline for the report. Discussion was on the current situation regarding the fuel shortage and civil unrest. Updates of last improvement. 14-Sep-22 PICC Meeting Discussion on the existence of a new committee. Management was advised to acknowledge the notification. Discussion with union on collaboration with management. 14-Sep-22 Virtual Advisory meeting Discussion on the existence of a new union committee. Management was advised to acknowledge the notification. Discussion with union on collaboration with managem 10-Jun-22 Virtual Advisory meeting Review of the Improvement plan. Discussion was also on the FOA issue concern and remediation pathway of the factory. Meeting with the union on top concerns they are facing with factory management. Meeting with bipartite committee on improvement plan priorities. 10-Jun-22 Virtual Advisory meeting Review of the Improvement plan. Discussion on FOA issues and remediation pathway for the factory. Meeting with the union regarding issues they are facing with factory management. Meeting with bipartite committee on improvement plan priorities. 7-Jun-22 Training 3 days Virtual Supervisory Skills (SST) 28-Apr-22 Workshop Virtual OSH Event Workshop ASSESSMENT COMPLIANCE CLUSTER COMPLIANCE POINT DETAILS OF NON COMPLIANCE IMPROVEMENT PRIORITIES REMEDIATION EFFORTS MONTHS Assessment March 2022 Mar-22 Occupational Safety and Health OSH Management Systems The written OSH policy does not include measurable objectives and improvements targets. Update the OSH policy through consultation with workers' representatives. Include measurable objectives and improvements targets. The Compliance department is updating its OSH policy through consultation with workers' representative by adding measurable objectives and improvements targets . 11 Mar-22 Occupational Safety and Health OSH Management Systems The factory does not have an appropriate hazard/risk management and control procedures. Implement a Hazard /risk management and control procedure that includes: A 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. The compliance team is in the process of elaborating a Hazard /Risk management and control procedure including : A 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 11 171 Mar-22 Occupational Safety and Health OSH Management Systems The employer did not perform regular reviews of the effectiveness of its management system documents. Perform regular reviews of the effectiveness of the management system including performance on measurable objectives and targets. The Compliance team is working on a regular review of the effectiveness of management system, to include performance on measurable objectives and targets . 11 Mar-22 Contracts and Human Resources Employment Contracts Management did not have any evidence of investigation of performance issues. Investigate issues related to lack of HR performance or shortcomings. The HR department is in the process of implementing an investigation procedures for HR shortcomings or performance issues. 11 Mar-22 Working Time Regular Hours The regular working hours exceeded 48 hours. Include the lunch break in the regular work hours as prescribed by the labor code . 11 Mar-22 Occupational Safety and Health Emergency Preparedness Combustible materials were stored in the generator room of building 1. Remove the combustible materials from the generator room . No progress because factory is waiting for a clear notification from MAST on the implementation the lunch break period. As 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 of the new 3x8 law. The maintenance team has already repaired the leak in the area where combustible materials are stored and they have removed the combustible materials from the generator room in Building 1. Mar-22 Occupational Safety and Health Emergency Preparedness Evacuation drills were not conducted every 6 months as recommended by Better Work. Perform evacuation drill for building 21. The company carried out evacuation drills in factories #21 and #50 on 14/5/2022. 31 Mar-22 Occupational Safety and Health Emergency Preparedness Obstructed aisles in the stock room of several buildings. Ensure routes are free from obstacles . Train maintenance team to perform daily check. 15 Mar-22 Occupational Safety and Health Emergency Preparedness One fire extinguisher was obstructed in the mechanic shop. Factory has removed all obstacles from aisles of 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 routes and aisles free from obstacles. Factory advised mechanical manager Maintain the Fire extinguishers free from obstacles. Provide training to the that all fire extinguishers should be free from obstacles. Training will be workers at this area . provided to all workers in this area. Mar-22 Occupational Safety and Health Emergency Preparedness Fire detectors were not installed in the generator room and boiler room. Install the fire detectors in the generator and boiler rooms. 11 The maintenance team had already installed the fire detector in the generator room and in boiler room of building #50 during the assessment day 11 11 172 Mar-22 Occupational Safety and Health Health Services and First Aid The number of nurses is insufficient as Hired more nurses to comply with the per the Haitian Labor Code. requirement . The factory has hired 4 more nurses to comply with Haitian law. 31 Mar-22 Occupational Safety and Health Working Environment The floor in the generator room was slippery. The maintenance team has already cleaned the floor in the generator of building 1, and replaced the damaged steam pipes. 11 Mar-22 Occupational Safety and Health Working Environment The light levels were inadequate in sewing and packing sections. Clean water and oils spill from the floor in the generator room of building # 1. Replace the damaged steam pipes. Post danger signs in the area. Provide sufficient lighting to each section as requested by Better work . The illumination monitoring report is already done as requested by Better Work. Additional lights were added to each section. 11 Mar-22 Occupational Safety and Health Worker Protection Workers working at height used industrial platform ladders without side rails of at least 0.90m as recommended by the labor Code. Install the side rails in the industrial platform ladder. The maintenance team has already installed the side rails in the industrial platform ladder. 11 Mar-22 Occupational Safety and Health Worker Protection Improper maintenance of electrical boxes and battery terminals. Install the cover in the electrical box. Protect the battery terminals with plastic covers. The maintenance team had already installed the cover in the electrical box as well as the battery terminals. 11 Mar-22 Occupational Safety and Health Worker Protection The compressor in the generator room was missing belt guards. Install the belt guards. Perform regular maintenance checks. The maintenance team has already installed the belt guard in the compressor 11 Mar-22 Occupational Safety and Health Worker Protection The boiler operator was not properly trained. Provide training to the boiler operator and keep proper records. The factory provided the training to the generator boiler operator. 11 Mar-22 Occupational Safety and Health Worker Protection The employer did not provide proper PPE to all workers. Provide Mask against chemical vapors to workers using chemical products, Helmet for workers working at heights, safety belts for workers doing heavy lifting, earplugs for workers in the generator room , gloves for workers in the toilets. The compliance department provided all the PPE that advisor has listed. Training on the use of PPE were carried out for workers in spot cleaning area. 15 Mar-22 Occupational Safety and Health Chemicals and Hazardous Substances Hazardous chemicals were found without chemical safety data sheets. Place the chemical safety data sheet where these chemicals are stored and used. During the assessment, the compliance department had already placed the chemical safety data sheets where the chemicals are used and stored. 36 Mar-22 Occupational Safety and Health Chemicals and Hazardous Substances Containers of chemical products were not properly labelled. Label the containers and include "classification, hazards, and safety precautions" 36 Mar-22 Occupational Safety and Health Chemicals and Hazardous Substances The inventory chemical product is not accurate. Setup an accurate inventory of chemicals and include all the chemicals used in the workplace. During the assessment the compliance department had already corrected the labels on all 3 containers. The factory updated the new chemical inventory list. The factory implemented preventive measures to facilitate a better monitoring of the chemicals. 31 173 Mar-22 Occupational Safety and Health OSH Management Systems The factory did not share any structural safety certificates for the buildings. Ensure buildings are safe. Share the structural safety certificate. Factory has official building certificate in hand. 11 Mar-22 Contracts and Human Resources Employment Contracts The internal work rules does not comply with the labor code. Include the payment time in the internal work rules Payment time has been included in the internal work rules and approved by MAST on March 25, 2022. 15 Mar-22 Compensation Social Security and Other Benefits Payments to OFATMA for maternity and health insurance were late. Furthermore, lunch break payment is not included in the calculation. Pay the contribution on Time. Pay the lunch break as prescribed law and include it in the calculation of the average daily salary. No progress has been made, because the factory is waiting for a clear notification 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 of the new 3x8 law. 11 Mar-22 Compensation Social Security and Other Benefits Pay the lunch break as prescribed law The annual salary supplement or bonus calculation does not include the and include it in the calculation of the average daily salary. lunch break payment. No progress has been made, because the factory is waiting for a clear notification 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 of the new 3x8 law. 11 Mar-22 Compensation Social Security and Other Benefits Payments to ONA for maternity and health insurance were late. Furthermore, lunch break payment is not included in the calculation. Pay the contribution on Time. Pay the lunch break as prescribed law and include it in the calculation of the average daily salary. Mar-22 Compensation Paid Leave The factory did not pay annual leave, Sick leave and maternity leave correctly. Pay the lunch break as prescribed law and include it in the calculation of the average daily salary. No progress has been made, because the factory is waiting for a clear notification from MAST on implementing the lunch Break .As 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 of the new 3x8 law. 11 Mar-22 Compensation Paid Leave The lunch break is not compensated in the payroll. Pay the lunch break as prescribed law and include it in the calculation of the average daily salary. No progress has been made, because the factory is waiting for a clear notification from MAST on implementing the lunch Break .As 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 of the new 3x8 law. 11 11 174 Mar-22 Compensation Paid Leave The maternity leave payment does not include the lunch break payment. Pay the lunch break as prescribed by the labor code . No progress has been made, because the factory is waiting for a clear notification from MAST on implementing the lunch Break .As 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 of the new 3x8 law No progress has been made, because the factory is waiting for a clear notification from MAST on implementing the lunch Break .As 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 of the new 3x8 law. Mar-22 Compensation Paid Leave Sick leave payments are not paid correctly. Pay the lunch break as prescribed by the labor code and include it in the calculations of average daily earnings. Mar-22 Compensation Paid Leave The annual leave payment are not paid correctly. Pay the lunch break as prescribed by the labor code and include it in the calculations of average daily earnings. No progress has been made, because the factory is waiting for a clear notification from MAST on implementing the lunch break. 11 Mar-22 Freedom of Association and Collective Bargaining Freedom to Associate The employer did not grant access to a legally registered trade union in a timely manner. Training and awareness-raising on Freedom of Association to Hansae Haiti S.A management and other employee having a relationship of authority with the workers. Update the policy on freedom of association to clearly define the roles and responsibilities of both parties. 11 Mar-22 Discrimination Gender The salary for the breastfeeding women was lower than it was before they went on maternity leave. Send the evidence of maternity leave payment before and after to prove that the factory is paying the workers correctly. Hansae Haiti submitted all explanatory materials to BMST to prove that Hansae went through fair dismissal process regarding the termination of union members. Factory already provided awareness session on 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 local The factory had resolved the issue during the assessment process. Some 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 Feb-21 Occupational Safety and Health Emergency Preparedness Evacuation drills were not performed twice a year. Assessment February 2021 Conduct an emergency drill every 6 months. The evacuation drill was conducted on March 6, 2021 11 11 11 175 Feb-21 Occupational Safety and Health Emergency Preparedness Emergency doors are not accessible (locked) during working hours. Keep emergency exits unlocked during working hours. Emergency doors are unlocked during working hours. Evacuation plan has been elaborated. Workers are trained. Feb-21 Occupational Safety and Health Emergency Preparedness Evacuation map does not reflect the layout of the building. Update the evacuation map to reflect the layout of the building. Evacuation map has been updated and routes are marked. Feb-21 Occupational Safety and Health Health Services and First Aid Insufficient number of nurses. Hire more nurses to comply with the labor code. Two more nurses were hired. Feb-21 Occupational Safety and Health Working Environment Temperature exceeded the recommended level of 30C in all sections of the workplace. Ensure that the temperature levels do not exceed 30 C in all production department. Cooling system issues has been addressed. For all section the temperature level is in compliance with the requirement. Feb-21 Occupational Safety and Health Worker Protection Workers' body temperature checks are not done consistently during entry and re-entry after the lunch break. Systematically check all worker's body temperature upon entry and re-entry. a system of body temperature checking implemented upon entry, reentry and after lunch break. Feb-21 Occupational Safety and Health Worker Protection Gloves were not available in the mechanic shop. Provide gloves to mechanic shop workers. The compliance team already provided the gloves to the mechanic shop and the workers are trained on the use of PPE. Feb-21 Occupational Safety and Health Chemicals and Hazardous Substances Eyewash stations are not installed is several areas where chemical and hazardous substances are used.  Ensure that eye wash stations are available where chemical and hazardous substances are used or stored. Factory already installed all the eyes wash station and training have been provided to the workers. Feb-21 Occupational Safety and Health Chemicals and Hazardous Substances Several hazardous chemicals were found without safety data sheets. Ensure safety data sheets are available for all chemicals in used in the workplace. MSDS must be in local language. The compliance team elaborated the MSDS and set up new inventory process. Workers involved in chemical were trained on May 2021. Feb-21 Occupational Safety and Health Chemicals and Hazardous Substances Unlabelled containers of chemical and hazardous substances found in the workplace. label all containers of chemical and hazardous substance used in the workplace. The Compliance team already identified the container, also a training on chemical handling was provided on May 2021 to the workers at the boiler room. Feb-21 Occupational Safety and Health Chemicals and Hazardous Substances The chemical inventory did not include the name of all chemicals used in the workplace. Keep an accurate inventory. The chemical list is completed and updated. The compliance team is implementing a system, using the purchase list to update the chemical inventory list. Feb-21 Contract and Human Resources Contracting Procedures Working contract for nurses does not include the salary. Include the agreed salary on nurses' contract. The HR Team already corrected all the contract. 176 Feb-21 Contract and Human Resources Employment Contracts The internal work rules are missing the working hours, break time and payment time. Ensure that internal rules and regulation cover working hours, break time and payment time and is approved by MAST. We sent a letter with our operation hour policy, and it is approved by MAST. 177 BETTER WORK HAITI – 25TH SYNTHESIS REPORT Factory: Location: Number of workers: Date of registration: Date of last two Better Work assessments: LIFE S.A. Port-au-Prince 79 Jun-15 Sep-21 Sep-22 Advisory and Training Services 7-Nov-22 16-May-22 11-Mar-22 ASSESSMENT Virtual advisory meeting Virtual advisory ti advisory Virtual ti COMPLIANCE CLUSTER Discussion with management to update new Improvement Plan uploaded. Factory was advised to edit the Progress report one and submit it the earliest possible. Discussion was also on Factory status. Advisory meeting to discuss about social security benefits, emergency preparedness and worker protection. Meeting to discuss about improvement plan. COMPLIANCE POINT DETAILS OF NON COMPLIANCE IMPROVEMENT PRIORITIES REMEDIATION EFFORTS MONTHS Assessment August 2022 Aug-22 Occupational Safety and Health OSH Management Systems The factory does not have an adequate hazard/risk management and control procedure. Include the missing criteria in the hazard/risk management and control procedures. 4 Aug-22 Occupational Safety and Health OSH Management Systems Management did not show evidence that the employer investigates monitors and measures OSH issues. Update the OSH policies and procedures to include missing elements. 4 Aug-22 Occupational Safety and Health OSH Management Systems The factory does not adequately communicate and implement OSH policies and procedures. Update the OSH policies and procedures to include missing elements. 4 Aug-22 Occupational Safety and Health OSH Management Systems Management has not defined authority for OSH officer and top management to perform OSH responsibilities. Assign responsibilities and accountability at all levels including OSH committee members. 4 178 Aug-22 Contracts and Human Resources Employment Contracts The employer does not have any performance evaluation procedures in place and does not investigate violations of HR policies and procedures. Provide evidence of performance evaluation procedures and investigation records or violations of HR policies and procedures. 4 Aug-22 Contracts and Human Resources Employment Contracts The employer does not properly communicate HR policies and procedures. Include the following missing criteria in the HR procedures and policies. Induction training for workers and staff. Staff training on how to carry out policies and procedures. Worker representatives and/or worker-management committees. 4 Aug-22 Contracts and Human Resources Employment Contracts The employer has not properly defined accountability and responsibility for HR issues to HR staff. 4 Aug-22 Occupational Safety and Health Emergency Preparedness The factory did not take steps to control potential sources of ignition. Aug-22 Occupational Safety and Health Emergency Preparedness Obstructed aisles and emergency exits. Define accountability and responsibility for HR issues and performance through: Job descriptions, reporting lines, organizational charts, description of job duties and authority. Moreover, management could not share any document that defines performance evaluations. Take the necessary measures to Meeting has been done control risk and hazard within with workers, information the workplace. has been shared and verification has done frequently Ensure that aisles and routes Information has been remained unobstructed during shared, OSH evaluation working hours. has been done on May 5, 2002 Aug-22 Occupational Safety and Health Health Services and First Aid Workers do not receive within the first 3 months of hiring. Pay OFATMA for the medical card (CDS) and coordinate with OFATMA to provide medical check for workers within their first three months. 28 Medical checks has been done internally (private doctors). 4 4 179 Aug-22 Occupational Safety and Health Welfare Facilities The factory has not conducted a water test on a monthly basis by a certified laboratory to ensure the water is safe. Ensure the drinking water is tested on a monthly basis by a competent laboratory. 15 Aug-22 Occupational Safety and Health Working Environment The level of lighting in the workplace is unacceptable. Provide adequate lighting in all sections of the factory. 39 Aug-22 Occupational Safety and Health Working Environment Temperature exceeded the recommended 30 C in all sections of the workplace. Keep the temperature to a maximum of 30C or lower. 63 Aug-22 Occupational Safety and Health Worker Protection The factory did not check all workers and visitors body temperature upon entry in a systematic way. Check all workers and visitors body temperature upon entry in a systematic way and keep a registry for all persons who present a temperature of 38C and above. 15 Aug-22 Occupational Safety and Health Worker Protection The social distance is not respected in all sections of the factory, as well as during entry and exit. Monitor that the 1.5 meter social distancing recommendation is respected in all sections of the factory, as well as during entry and exit. Aug-22 Occupational Safety and Health Worker Protection Safety warning not posted on electrical panel. Post safety warnings on all electrical panels and other places where it is necessary. 15 Aug-22 Occupational Safety and Health Worker Protection Unidentified circuit breakers were not identified in electrical panels. Ensure that electricity system is regularly inspected and well maintained. Identify all circuit breakers. 15 Aug-22 Occupational Safety and Health Chemicals and Hazardous Substances Eye wash station was not available in the chemical warehouse where chemicals are stored. Install eye wash station in the chemical warehouse. 15 Aug-22 Occupational Safety and Health Chemicals and Hazardous Substances The employer did not provide training to workers handling chemical and hazardous products. Provide training on safe use of chemical and hazardous substances to workers. 15 New circular from the government. 15 180 Aug-22 Occupational Safety and Health Chemicals and Hazardous Substances Improper storage of chemical substances. Aug-22 Occupational Safety and Health Chemicals and Hazardous Substances Unlabelled containers of fuel in the Generator room. Aug-22 Occupational Safety and Health Chemicals and Hazardous Substances The inventory of chemical and hazardous products is not accurate. Aug-22 Occupational Safety and Health OSH Management Systems The employer did not provide any document that covers the structural safety and states that the building is safe. Aug-22 Occupational Safety and Health OSH Management Systems Submit work-related accident The factory did not record work related accidents and submit them reports on a monthly basis. to OFATMA on a monthly basis. 15 Aug-22 Occupational Safety and Health OSH Management Systems The employer did not have any worker safety and health committees in place. Ensure that the Osh committee has equal representation of workers and management representatives. 15 Aug-22 Occupational Safety and Health OSH Management Systems The employer doe not perform any Keep records of the general assessment on general occupational safety and health occupational safety and health. performed on the monthly basis. 15 Aug-22 Contracts and Human Resources Termination The payment for unused paid annual leave upon termination is not calculated on the daily average salary. 15 Ensure to properly stored all the chemical used in the workplace. Storage area should be adequately ventilated and different types of chemical products should not stored together Label all chemical and hazardous substances used in the workplace. Ensure that the inventory of chemical products is available and accurate. Inventory list must include approximate quantities in storage and the locations of the chemical storage area in the factory. Provide certificate of building of building safety. Calculate the unused paid annual leave upon termination. 15 33 15 15 181 Aug-22 Compensation Social Security and Other Benefits The factory is not registered with OFATMA for maternity and health insurance. Register to OFATMA for maternity and health insurance and forward workers' contribution. Factory is already registered and will share proof of payment 57 Aug-22 Compensation Social Security and Other Benefits The payment for OFATMA work related accident insurance for the fiscal year 2020-2021 was late. Pay the contribution within the Factory has received the deadline indicated in the invoice. invoices in January, and made the payment when it was received. Payment has been done for 2021/2022. 15 Aug-22 Compensation Social Security and Other Benefits The employer contribution to ONA is calculated on the average daily salary from the 4th month of the date of signature of each contract. Declare all employees within the first 15 days of hiring and forward the workers and forward employer contribution for each worker on a monthly. 26 Aug-22 Compensation Paid Leave The sick leave payment is not calculated based on the daily average earning. Ensure that the sick leave payment is calculated on the daily average earning. 4 Aug-22 Compensation Paid Leave The annual leave payment is not calculated based on the daily average earning. Ensure that the annual leave payment is calculated on the daily average earning. 15 Assessment September 2021 Sep-21 Occupational Safety and Health Emergency Preparedness The factory did not take steps to control potential sources of ignition. Sep-21 Occupational Safety and Health Emergency Preparedness Several aisles leading to an Ensure that the evacuation emergency exit were obstructed by routes and aisles remained tables in the sewing lines. unobstructed. Sep-21 Occupational Safety and Health Health Services and First Aid No evidence of medical checks performed within the first 3 months of hiring were available. Pay OFATMA for the medical card (CDS) and coordinate with OFATMA to provide medical check for workers within their first three months. Sep-21 Occupational Safety and Health Welfare Facilities The factory has not conducted a water test on a monthly basis by a certified laboratory. Ensure the drinking water is tested on a monthly basis by a competent laboratory. Take the necessary measures to control risk and hazard within the workplace. 182 Sep-21 Occupational Safety and Health Working Environment The level of lighting in the workplace is unacceptable. Provide adequate lighting in all sections of the factory. Sep-21 Occupational Safety and Health Working Environment Temperature exceeded the recommended 30 C in all sections of the workplace. Keep the temperature to a maximum of 30C or lower. Sep-21 Occupational Safety and Health Worker Protection The workers and visitors body temperature are not checked upon entry in a systematic way. No registry for body temperature of 38C and above. Check all workers and visitors body temperature upon entry in a systematic way and keep a registry for all persons who present a temperature of 38C and above. Sep-21 Occupational Safety and Health Worker Protection The social distance is not respected in all sections of the factory, as well as during entry and exit. Monitor that the 1.5 meter social distancing recommendation is respected in all sections of the factory, as well as during entry and exit. Sep-21 Occupational Safety and Health Worker Protection One electrical panel near the clinic does not safety warnings. Post safety warnings where necessary. Sep-21 Occupational Safety and Health Worker Protection Assessors noticed circuit breakers were not identified in an electrical panel near the clinic. Identify all circuit breakers. Sep-21 Occupational Safety and Health Chemicals and Hazardous Substances Eye wash station was not available in the chemical warehouse where chemicals are stored. Install eye wash station in the chemical warehouse. Sep-21 Occupational Safety and Health Chemicals and Hazardous Substances The employer did not provide training to workers on chemical products handling. Provide training on safe use of chemical and hazardous substances to workers. Sep-21 Occupational Safety and Health Chemicals and Hazardous Substances Chemical substances were not properly stored. Sep-21 Occupational Safety and Health Chemicals and Hazardous Substances 2 unlabelled containers of Diesel fuel found in the Generator room. Ensure that Chemical substances are properly stored and storage room are adequately ventilated. Label all chemicals and hazardous substances properly. 183 Sep-21 Occupational Safety and Health Chemicals and Hazardous Substances Factory does not maintain a chemical inventory listing all the chemicals used including their locations. Update the inventory of chemicals accordingly. Sep-21 Occupational Safety and Health OSH Management Systems The employer did not provide any document that covers the structural safety or stating that the building is safe. Provide permits or documents on building's structural safety. Sep-21 Occupational Safety and Health OSH Management Systems The factory did not record work Record the work related related accidents and submit them accidents and submit them to to OFATMA on a monthly basis. OFATMA on a monthly basis. Sep-21 Occupational Safety and Health OSH Management Systems The safety and health committee was not functional. Factory should have an effective Health and safety committee. Sep-21 Occupational Safety and Health OSH Management Systems No reports on general occupational safety and health were available for the last 12 months. Ensure that a general OSH assessment is conducted on monthly basis and duly recorded for review purposes. Sep-21 Contract and Human Resources Termination The annual leave upon termination. is not calculated on the average daily salary. Pay the annual based on the average daily salary. Sep-21 Compensation Social Security and Other Benefits The factory has not collected and forwarded workers contributions to OFATMA for maternity and health insurance. Register to OFATMA for maternity and health insurance and forward workers' contribution. Sep-21 Compensation Social Security and Other Benefits The factory is not registered with OFATMA for maternity and health insurance. Register to OFATMA for maternity and health insurance and forward workers' contribution. Sep-21 Compensation Social Security and Other Benefits The payments for OFATMA accident insurance for the fiscal year 2020-2021 were made in January 2021 instead of December 2020. Pay the contribution within the deadline indicated in the invoice. 184 Sep-21 Compensation Social Security and Other Benefits Factory does not collect nor forward workers' contributions to ONA on a monthly basis . Collect and forward workers' contribution on a monthly basis. Sep-21 Compensation Social Security and Other Benefits The employer contribution to ONA is not submitted on a monthly basis. Forward employer 's contribution to ONA on a monthly basis. Sep-21 Compensation Paid Leave The annual leave payment is not calculated based on the daily average earning. Ensure that the annual leave payment is on the daily average earning. 185 BETTER WORK HAITI – 25TH SYNTHESIS REPORT Factory: Location: Number of workers: Date of registration: Date of last two Better Work assessments: MAS AKANSYEL S.A Arrondissement du Trou du Nord 2,297 Jun-17 Apr-21 Jun-22 Notes Factory was closed from September 18 to November 11. The closure was due to civil unrest at first and electricity shortage totally prevent the factor from operating. Advisory and Training Services 1-Dec-22 Virtual Advisory meeting Discussion was on the improvement plan to update last progress. Discussion with union on specific issues such as annual leave and Bonus. 15-Nov-22 Training Introduction to Purchasing Practices 15-Sep-22 Virtual Advisory meeting Discussion and guidance on the progress report 1. Discussion with union on the impact on the socio-political crisis on the workers and the request they have submitted to the employer. Discussion with the ERB committee on factory improvement. 12-Sep-22 Virtual Advisory meeting Meeting with management on the improvement plan. Virtual factory tour of the new building. The discussion was also on the past national strike that impacted the attendance rate of the factory. Advisor recommended the factory to discussed with the union to discuss on compensation for the workers who resume to work despite of the violence and transportation issues. 1-Sep-22 Training HIV/AIDS Prevention 26-Aug-22 Training Respectful Workplace Program for Workers 26-Aug-22 Training Respectful Workplace Program for Supervisors & Middle Management 8-Jun-22 advisory meeting Meeting with management on Improvement updates. Discussion was also on complaints raised by union committee members. Bipartite meeting where committee members brainstormed and come out with solution to top priority issues identified in the workplace. 3-Jun-22 Training Virtual Workers' Rights & Responsibilities 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 11-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. ASSESSMENT COMPLIANCE CLUSTER COMPLIANCE POINT DETAILS OF NON COMPLIANCE Assessment June 2022 IMPROVEMENT PRIORITIES REMEDIATION EFFORTS MONTHS 186 Jun-22 Occupational Safety and Health OSH Management Systems Recording work-related accidents and diseases and/or submitting the record to OFATMA. Submit the accidents and diseases to OFATMA and ensure to get the stamp on the document. Factory submit the record. However, OFATMA does not stamp the documents. 6 Jun-22 Working Time Regular Hours Employer did not post the factory's working hours for all shifts including break time in all buildings. Post factory's working time in both building. The factory has posted its working hours on notice boards 6 Jun-22 Occupational Safety and Health Emergency Preparedness Less than the 10 percent of the workforce trained in fire fighting, as recommended by Better Work. Ensure that 10 percent of workforce is train in fire fighting equipment. Factory conducted training (Fire Fighting) program for selected employees in each department and given comprehensive training on Fire fighting. 16 employees were trained as Fire Fighting trainers. A total of 4% of employees out of total trained after the assessment visit. 36 Jun-22 Occupational Safety and Health Emergency Preparedness Jun-22 Occupational Safety and Health Emergency Preparedness Several aisles were obstructed by sewing machine in the sewing floor. Emergency exits were missing the hazard sign and no evacuation plan has been installed in the new building under construction. Ensure that the aisles remained unobstructed during working hours. Post the exit sign on emergency doors. Post a evacuation plan in the new building. Jun-22 Occupational Safety and Health Health Services and First Aid Less than 10 percent of the workforce trained in first aid. Ensure that 10 percent are trained in first aid. The training is ongoing and 4% of the workforce has been trained. 43 Jun-22 Occupational Safety and Health Health Services and First Aid Obstructed first aid box. In addition, first aid box is not available in the new building under construction. Ensure there is a first aid box in the new building. There was one first aid box that was obstructed during the assessment and it was corrected same time. 36 25 6 Purchased new first aid boxes for the new building and now its comply as per the requirement. 187 Jun-22 Occupational Safety and Health Health Services and First Aid Insufficient onsite medical staff. Have adequate number of nurses. 6 Jun-22 Occupational Safety and Health Welfare Facilities Insufficient numbers of toilets for women. Have adequate numbers of toilets for women. 20 Jun-22 Occupational Safety and Health Worker Protection Factory did not provide safety belt, for heavy lifting, to worker in the packing area. Provide safety belt to workers heavy lifting work. Safety belt requirements are already identified and ordered through Amazon. Jun-22 Occupational Safety and Health Worker Protection Posting safety warnings in the workplace. Post a warning sign in the packing area of the main building. This was corrected and Pasted the safety warning sign accordingly. Jun-22 Occupational Safety and Health Worker Protection No chemical mask were provided to workers and line leaders in the spot cleaning area. Provide appropriate mask to workers in the spot cleaning area. A Chemical mask has been provided and awareness has been given. Jun-22 Occupational Safety and Health Chemicals and Hazardous Substances The factory did not provide training record for supervisors using chemical in the spot cleaning. Train the workers in the safe usage of chemical. 20 Jun-22 Occupational Safety and Health Chemicals and Hazardous Substances Workers and supervisors have access to use chemicals and hazardous products without proper PPE. Limit the access of the spot cleaning to authorized workers. Ensure the area is well ventilated. 6 Jun-22 Occupational Safety and Health Chemicals and Hazardous Substances Chemical safety data sheets were not available for several chemicals products. Ensure the safety data sheets are available for all the chemical used in the workplace. All pending MSDS have been posted 36 Jun-22 Occupational Safety and Health Chemicals and Hazardous Substances Unlabelled containers found in the chemical warehouse of the main building. Label all the container of chemicals used in the workplace. This was corrected and showed proof to the Auditor. Responsibility has clearly advised and control put in system. 42 6 6 188 Jun-22 Occupational Safety and Health Chemicals and Hazardous Substances The chemical inventory was not accurate and did not include the name of all chemicals used in the workplace. Keep an accurate inventory of chemical. The chemical Inventory has been updated as per the instruction given by the auditor. 42 Jun-22 Occupational Safety and Health OSH Management Systems The factory did not submit accident report to OFATMA during the last 12 months. Submit OFATMA accidents report on a monthly basis. The accident investigation report has been sent to the OFATMA regional office in Cap-Haitian and got approved. 6 Jun-22 Compensation Social Security and Other Benefits Workers' and employers' contribution to OFATMA are late and calculated on the minimum wage. Pay OFATMA deduction on time. Deduction should be calculated on the basis salary. 6 Jun-22 Compensation Social Security and Other Benefits The workers' and employers' contribution to ONA are late and calculated on the basic salary. Pay ONA on time and ONA should be calculate on the basic salary. The usual practice is, that a representative from the OFATMA visits the factory monthly and collects the payments. The incident was their (OFATMA) delay to visit during the agreed timeline. As discussed during the audit closing meeting, only the month of May payment got delayed by one (1) working day, and the management has implemented a new process to submit within the timeline. Assessment April 2021 Apr-21 Occupational Safety and Health Emergency Preparedness Less than the 10 percent of the workforce trained in fire fighting, as recommended by Better Work. Provide fire fighting training to at least 10 percent of the workforce. Factory has initiated the fire fighting training for 488 of our employees. 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 Health Emergency Preparedness Escape routes obstructed with fabrics in the stock area and in the sewing floor by sewing machines. Ensure that escape remained unobstructed during the working hours. The pallets have been properly stacked into the racks & obstructed pathways were cleared. 6 189 Apr-21 Occupational Safety and Health Emergency Preparedness Fire hose in the cafeteria obstructed by boxes and no fire extinguisher was installed on the forklift. Install a fire extinguisher on the forklift. Ensure that fire fighting equipment remained unobstructed all time. Management removed the wooden palette in front of the fire hose. A fire extinguisher was installed on the forklift. Apr-21 Occupational Safety and Health Health Services and First Aid Less than the 10 percent of the workforce trained in first aid, recommended by Better Work. Train 10 percent of the workforce in first aid. Factory initiated first aid training for 488 of our employees. 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 Health Services and First Aid Two first Aid boxes were missing the adhesive and alcohol. Have the first aid boxes checked regularly. Management has provided the first aid boxes with the missing item. The first aid boxes are checked on a regular basis. Apr-21 Occupational Safety and Health Welfare Facilities Insufficient number of toilets. Ensure that the toilets are functioning. The administration's engineering department is working on that. Apr-21 Occupational Safety and Health Working Environment The level of lighting was inadequate in the packing section. Ensure that level of lighting is adequate in all the departments. This has been corrected. Apr-21 Occupational Safety and Health Worker Protection No protective barriers installed between the workstation. Clarify and implement the protective measures to maintain a social distance of 1.5m in the workplace. Apr-21 Occupational Safety and Health Worker Protection One electrical box without safety warning sign in the cafeteria. Post safety warning sign on the electrical box in the cafeteria. Giving awareness as much as possible to enhance TM awareness & the company is trying to install protective barriers between the work stations. Safety signs will be posted as required. 190 Apr-21 Occupational Safety and Health Worker Protection No safety belts were provided to worker in the packing area for heavy lifting. Provide safety belt to worker in the packing area for heavy lifting. An ergonomic survey was conducted and actions are taken 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 Health Worker Protection No chemical mask were provided to worker and line leader in the spot cleaning area. Provide proper mask to workers in the spot cleaning area. Factory will appoint a dedicated person for the Spot cleaning room. He or She will get proper PPEs Apr-21 Occupational Safety and Health Chemicals and Hazardous Substances No eyewash station in the spot cleaning room and also near the temporary chemical storage where the chemicals are used and stored. Install eyewash station in the spot cleaning room and also near temporary chemical storage where the chemicals are used and stored. One eyewash station is already installed inside the Spot cleaning room. Another eyewash station is to be set up soon in the temporary chemical storage area. Currently, this room is NOT in use but, we will set up an eyewash unit soon. Apr-21 Occupational Safety and Health Chemicals and Hazardous Substances The factory did not provide training record for workers and supervisors using chemical in the spot cleaning. Ensure that spot cleaning workers are trained on the safe usage of the chemicals. Most of the time team members & supervisors are using water for the 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 Health Chemicals and Hazardous Substances Any worker has access to use the spray chemicals guns without any PPE. Ensure that PPE are provided to all workers entering in the spot cleaning area. Factory will assign a dedicated person for the spot cleaning operation and also provide necessary training. Only one person will be doing the spot cleaning. Apr-21 Occupational Safety and Health Chemicals and Hazardous Substances The chemical data safety sheets were unavailable for several hazardous substances. Ensure and that MSDS are available for all chemical used in the workplace. All the missing MSDS are completed and Posted 191 Apr-21 Occupational Safety and Health Chemicals and Hazardous Substances Two unlabelled containers of chemicals. Ensure that all containers are properly labelled. All the unlabelled containers are now properly labelled. Apr-21 Occupational Safety and Health Chemicals and Hazardous Substances The inventory is not accurate and did not include the name of all chemicals used in the workplace. Ensure that the inventory is accurate and include all the chemicals used in the workplace. Inventory updated accordingly. Apr-21 Contract and Human Resources Employment Contracts The factory does not have an internal work rules approved by the Ministry of labor. Have the internal work rules approved by MAST. The internal work rules was approved by MAST. Apr-21 Compensation Social Security and Other Benefits Submit the correct invoice and The salary statement submitted to OFATMA is less provide the proof of payment for the fiscal year 2020-2021. than the amount paid in the payroll for the fiscal year 20192020. Apr-21 Discrimination Gender Pregnant women has been sent home with a remuneration of 50 percent upon receipt of the certificate of pregnancy in order to protect them during the Covid-19 time The company is in the discussion to pay them in full amount. Factory has submitted salary details to OFATMA with same amount that have paid in payrolls from Oct -2019 to Sep2020. Company doesn’t received a sealed copy from OFATMA due to the unavailability of the officials/ seal at the time of submission. All dues have been paid on time and This in is full a COVID-19 protocol and a preventive measure that has taken from the company to protect pregnant employees. However now the company is in the discussion to pay them in full amount 192 BETTER WORK HAITI – 25TH SYNTHESIS REPORT Factory: Location: Number of workers: Date of registration: Date of last two Better Work assessments: MBI HAITI S.A Port-au-Prince 1594 Aug-13 Apr-21 Notes: Factory was periodically closed during the months of August September and October due to fuel shortage and socio-political unrest. Mar-22 Advisory and Training Services 17-Jun-22 6-May-22 2-May-22 Advisory meeting Training Virtual advisory meeting Advisory meeting to discuss new improvement plan focussing on: OSH non compliance, HR procedure and policy, Next bipartite committee meeting. Virtual bipartite committee Training. 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. 4-Mar-22 29-Nov-21 24-Nov-21 Virtual advisory meeting Virtual advisory meeting Virtual advisory meeting Review improvement plan and road map for 2022. Advisory visit to conduct factory tour to check the following: Eyewash station, check spot cleaning, factory floor, Nursing station. Advisory visit to review and update improvement plan. ASSESSMENT COMPLIANCE CLUSTER COMPLIANCE POINT DETAILS OF NON COMPLIANCE IMPROVEMENT PRIORITIES REMEDIATION EFFORTS MONTHS Assessment March 2022 Mar-22 Occupational Safety and Health OSH Management Systems The factory does not have an accurate hazard/risk management and control procedure. Develop a hazard/risk policy and procedures. Train the HR and compliance staff on the implementation of the policy. 12 Mar-22 Occupational Safety and Health OSH Management Systems The factory does not have an accurate accident investigation procedure. Develop an accident investigation procedure and include all the necessary elements to find the root causes and to prevent the reoccurrence of the accident. 12 Mar-22 Occupational Safety and Health OSH Management Systems The employer does not properly investigate, monitor and measure OSH issues Perform regular review of the management system document to monitor performance and ensure that objectives are being met. 12 193 Mar-22 Contracts and Human Resources Employment Contracts The grievance handling and dispute resolution procedure is not accurate. Review the grievance policy to include the missing elements such as review and appeal process, communication of changes made. 12 Mar-22 Contracts and Human Resources Employment Contracts Employer does not takes action to investigate violations of HR policies and procedures. 12 Mar-22 Contracts and Human Resources Employment Contracts HR policies and procedures are not properly communicated. Mar-22 Working Time Regular Hours Regular working hours exceed the legal limit. Perform an assessment of HR policy to identify weaknesses and make the necessary adjustments. Investigate HR violations and establish a monitoring system to follow up and prevent a repeat of those violations Revie the HR policy and procedures to include induction training for workers. Provide training to HR staff on the implementation of the policy Update the internal work rules and comply the working hours mandated by the labor code. (48 Hours) Mar-22 Occupational Safety and Health Emergency Preparedness Obstructed emergency exits and routes in in several areas. Keep all emergency exits and routes free from obstructions. 32 Mar-22 Occupational Safety and Health Health Services and First Aid First aid boxes were not readily accessible in building 52. Ensure that all first aid boxes are 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. 32 Mar-22 Occupational Safety and Health Health Services and First Aid Insufficient medical personnel. Increase the number of medical personnel to comply with the labor code. 32 Mar-22 Occupational Safety and Health Health Services and First Aid Medical check up has to be done Factory did not provide medical twice for all the workers exposed checks twice a year, for workers exposed to work-using chemical and chemical and hazardous products. hazardous products. 12 32 First medical check has been done last February. Next medical check is planed for the month of August 2022 12 194 Factory has paid for the health cards. OFATMA has delivered 90% of the required cards on June 9th. Factory has already delivered the available cards to the workers 12 Mar-22 Occupational Safety and Health Health Services and First Aid Newly hired workers do not received Follow up with OFATMA to pay for the health card (CDS). the health card within the first 3 month of hiring. Mar-22 Occupational Safety and Health Welfare Facilities Insufficient space at the eating area of the factory. Provide an adequate space that can accommodate all the workers during lunch time or schedule different lunch break periods. Mar-22 Occupational Safety and Health Welfare Facilities Soap and paper were not readily available in one building. Provide soap and paper for the workers in all the buildings. Mar-22 Occupational Safety and Health Welfare Facilities Insufficient number of Toilets. Increase to number of toilet to have at least 1 per every 15 women and 1 for every 25 men. Mar-22 Occupational Safety and Health Working Environment Debris of cloth materials scattered in the workplace. Keep the workspace clean and tidy. Mar-22 Occupational Safety and Health Working Environment Light levels were inappropriate in all the working sections. Ensure the lighting is adequate and adapted to worker's needs. 32 Mar-22 Occupational Safety and Health Working Environment The noise level in one areas of the workspace exceeded 90 db. Take appropriate measures to keep the noise level below 90db. 32 Mar-22 Occupational Safety and Health Working Environment Workplace temperatures levels are unacceptable. Monitor the temperature level and maintain it under 30 C inside the workplace. 32 Mar-22 Occupational Safety and Health Worker Protection No register was available for all persons with a temperature of 38C and above. Check all workers' and visitors' temperature at the entrance. Keep a registry for people presenting a temperature of 38 C and above. 12 Mar-22 Occupational Safety and Health Worker Protection No training was provided to all staff on Covid-19. Provide training or awareness raising to all staff on the prevention of COVID-19. 12 Mar-22 Occupational Safety and Health Worker Protection Assessors noticed a half-open tank with no safety warning. Post safety warning on all fuel tanks. 32 Factory has made the correction after the assessment There is one person available on each building responsible for the toilets, 32 32 Factory has made corrections Correction has been made after the assessments, 12 12 195 Mar-22 Occupational Safety and Health Worker Protection Improper maintenance of electrical system of the factory. Perform proper maintenance on the electrical system. Right after this work, corrections has been made. 32 Mar-22 Occupational Safety and Health Worker Protection The factory did not provide appropriate PPE to all workers. Provide all workers with the necessary PPE to protect them during work hours. PPE are available for all workers, however factory is doing more training for the workers to encourage them to use the materials. 12 Mar-22 Occupational Safety and Health Chemicals and Hazardous Substances The factory does not have appropriate spot cleaning area. Isolate the spot cleaning area away Management took immediate from the workers. action and it was corrected. 12 Mar-22 Occupational Safety and Health Chemicals and Hazardous Substances MSDSs are not available for some products used in the workplace. Translate MSDS in the local language and post them where chemical products are used and stored. Factory has put MSDS for the product that will be used on the generator room. 32 Mar-22 Occupational Safety and Health Chemicals and Hazardous Substances Chemical and hazardous substances are not properly labelled. Label all chemicals and hazardous Corrections has been made substances used in the workplace. after the assessment. 32 Mar-22 Occupational Safety and Health Chemicals and Hazardous Substances Inventory of chemicals and hazardous substances is not updated. Update and maintain the inventory of chemical products used in the workplace. Inventory has been updated and shared with EA. 32 Mar-22 Contracts and Human Resources Termination Inaccurate annual salary supplement Calculate annual salary supplement or bonus payment or bonus upon termination based on worker's average daily calculation. earnings. 19 Mar-22 Contracts and Human Resources Termination Inaccurate unused annual leave calculation upon termination. Calculate annual payment based on worker's average daily earnings. 19 Mar-22 Contracts and Human Resources Termination Inaccurate notice period payment. Calculate the payment for the notice period based on worker's average daily earnings. 19 Mar-22 Contracts and Human Resources Employment Contracts Foreign worker's contract does not include the employer's information as well as the employee's salary. Review the foreign workers contract to include all the missing information. 9 Mar-22 Compensation Social Security and Other Benefits The calculation of the annual salary supplement or bonus does not include the lunch break payment. Pay the lunch break and include it in the calculation of the average daily earnings. 19 196 The factory sends the worker's pay slip to OFATMA the last three months. However the calculation of the average daily earning is not correct Inaccurate calculation of workers' and employer's contribution for ONA. Pay the lunch break and include it in the calculation of the average daily earnings. 9 Pay the lunch break and include it in the calculation of the average daily earnings. 19 Social Security and Other Benefits Inaccurate calculation of workers'' and employer's contribution for OFATMA. Pay the lunch break and include it in the calculation of the average daily earnings. 19 Compensation Paid Leave The lunch break is not compensated in the payroll. Pay the lunch break as required by the 3*8 law. 19 Mar-22 Compensation Paid Leave The calculation of the annual leave payment is incorrect because it does not include the lunch break payment. Pay the lunch break as required by the 3*8 law. Mar-22 Compensation Paid Leave Inaccurate payment of maternity leave. Pay the lunch break and include it in the calculation of the average daily earnings, for maternity leave payment. Mar-22 Compensation Paid Leave Inaccurate payment of sick leave. Pay the lunch break and include it in the calculation of the average daily earnings, for sick leave payment. Mar-22 Compensation Social Security and Other Benefits Mar-22 Compensation Social Security and Other Benefits Mar-22 Compensation Mar-22 Management explained that they calculated the annual leave according to the bonus but they will make changes in their payroll system 19 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 the necessary breaks for pregnant women. Provide the required breaks for pregnant women. Apr-21 Occupational Safety and Health Emergency Preparedness Insufficient workers trained in the use of fire-fighting equipment. Train at least 10% of the workforce in the use of fire-fighting equipment. Apr-21 Occupational Safety and Health Emergency Preparedness The employer did not conduct at least 2 emergency drill per year. Conduct an evacuation drill every 6 months. 19 Pregnant women are receiving the break as specified by the law. Additional training was given to pregnant women and supervisors on this subject.  197 Apr-21 Occupational Safety and Health Emergency Preparedness Obstructed emergency exits and routes in in several areas. Ensure that emergency exits and escape routes are not obstructed. Apr-21 Occupational Safety and Health Emergency Preparedness Evacuation map need to be updated Post updated evacuation plans for and escape route need to be clearly all buildings and  Ensure that all escape routes are clearly marked. marked. Apr-21 Occupational Safety and Health Emergency Preparedness obstructed fire hose. Keep fire hose accessible. Apr-21 Occupational Safety and Health Emergency Preparedness Obstructed alarm system. Keep alarm system accessible. Apr-21 Occupational Safety and Health Health Services and First Aid Insufficient workers trained in first aids. Train at least 10% of the workforce in first aids. Apr-21 Occupational Safety and Health Health Services and First Aid First aid boxes were not readily accessible and were missing supplies. Keep first aids boxes readily accessible and equip them. Apr-21 Occupational Safety and Health Health Services and First Aid Insufficient medical personnel. Hire additional nurses. Apr-21 Occupational Safety and Health Health Services and First Aid Restricted access to pregnant women for changing jobs within the workplace. Give pregnant women the possibility of changing jobs within the workplace.   Apr-21 Occupational Safety and Health Welfare Facilities Soap and paper were not readily available in one building. Ensure that soap and paper are available in all factory restrooms during working hours, including overtime. Apr-21 Occupational Safety and Health Welfare Facilities Insufficient number of Toilets. Increase the number of toilets. Apr-21 Occupational Safety and Health Working Environment Light levels were inappropriate in all the working sections. Ensure the lighting is adequate and adapted to worker's needs. Apr-21 Occupational Safety and Health Working Environment The noise level in one areas of the workspace exceeded 90 db. Maintain the noise level to a maximum of 90 dB in all the working sections. The factory has removed tables and boxes in all areas of the workplace and keeps emergency exits and escape routes are clear.  The factory made sure that all fire hoses are accessible and in good condition.  All the First Aid Boxes are accessible. Inventory is checked regularly.  198 Apr-21 Occupational Safety and Health Working Environment Workplace temperatures levels are unacceptable. Monitor the temperature level and maintain it under 30 C inside the workplace. Apr-21 Occupational Safety and Health Worker Protection Social distance is not respected on the factory. Ensure that 1.5 meter of distance is respected within the workplace. Apr-21 Occupational Safety and Health Worker Protection Improper maintenance of electrical system of the factory. Improve the electrical maintenance and Create a maintenance log. The factory has properly maintained all electrical switches in all pressing machine by covering them.   Apr-21 Occupational Safety and Health Worker Protection Sewing machines were missing eye guards. Install all missing finger guards and ensure proper monitoring is conducted. The guards have been installed on the sewing machines.   Apr-21 Occupational Safety and Health Worker Protection Standing mats were not available to all workers. Provide foot rests or shock absorbing mats to standing workers. The factory provided shock absorbing mats to all stand workers in the pressing section outside the building 53.  Apr-21 Occupational Safety and Health Worker Protection Last year no training were provided on personal equipment and machines. Establish training calendar and provide training to workers using protective equipment and machines in the workplace. Apr-21 Occupational Safety and Health Worker Protection The factory did not provide appropriate PPE to all workers. Apr-21 Occupational Safety and Health Chemicals and Hazardous Substances The factory does not have appropriate spot cleaning area. Provide employees with all necessary personal protective clothing and equipment according to PPE regulation. Ensure that spot cleaning area is isolated. Vacuum machines, exhausts and eye wash station are working properly.  Apr-21 Occupational Safety and Health Chemicals and Hazardous Substances MSDSs are not available in local language for all chemicals used in the workplace. Translate and post MSDS where chemicals are used in the workplace. Apr-21 Occupational Safety and Health Chemicals and Hazardous Substances Chemical and hazardous substances are not properly labelled. Label all chemicals and hazardous The factory has labelled the substances used in the workplace. chemicals by writing the name of chemical on the container.  The factory install the MSDS at the workplace as required in English. However, they should translate it into the local language.   199 Update inventory of chemicals and hazardous substances in the workplace. Apr-21 Occupational Safety and Health Chemicals and Hazardous Substances Inventory of chemicals and hazardous substances is not updated. Apr-21 Contract and Human Resources Termination Inaccurate annual salary supplement Pay the lunch break and calculate annual salary supplement or or bonus upon termination bonus upon termination based on calculation. worker's average earnings. Apr-21 Contract and Human Resources Termination Inaccurate unused annual leave calculation upon termination. Pay the lunch break and calculate unused annual leave upon termination based on worker's average earnings. Apr-21 Contract and Human Resources Termination Inaccurate notice period payment. Pay the lunch break and calculate notice period payment based on worker's average earnings. Apr-21 Compensation Social Security and Other Benefits Inaccurate salary supplement payment. Pay the lunch break and calculate salary supplement payment based on worker's average earnings. Apr-21 Compensation Social Security and Other Benefits Inaccurate calculation of worker's contribution for OFATMA. Pay the lunch break and calculate this amount based on workers basic salaries by adding the daily break payment in the payroll. Apr-21 Compensation Social Security and Other Benefits Inaccurate calculation of employer's contribution for OFATMA. Calculate this amount based on workers basic salaries by adding the daily break payment in the payroll. Apr-21 Compensation Social Security and Other Benefits Inaccurate payment to OFATMA for work-related accident insurance. Ensure that payment for work related accident is made in a timely manner.   Apr-21 Compensation Social Security and Other Benefits Inaccurate calculation of worker's contribution for ONA. Calculate this amount based on workers basic salaries by adding the daily break payment in the payroll. Inventory of chemical products has been updated. The factory shared the letter in which OFATMA agreed with them to make the payment in two instalments. 200 Apr-21 Compensation Social Security and Other Benefits Inaccurate calculation of employer's contribution for ONA. The employer must pay the lunch break and include it in the calculation of the average daily salary. Apr-21 Compensation Paid Leave The lunch break is not compensated in the payroll. Ensure that the daily break is accurately paid to all workers.  Apr-21 Compensation Paid Leave Inaccurate payment of annual leave. Calculate the annual leave on worker's daily average earnings. Apr-21 Discrimination Gender One sexual harassment case was reported involving one female worker. Strengthen the policy on the prevention of sexual harassment. Train all supervisory line in the Respectful workplace program. Do an awareness campaign on sexual harassment. The Supervisor have been terminated and the factory has conducted sexual harassment training for all supervisors and made them signed an agreement about the sexual harassment zero tolerance policy.   201 BETTER WORK HAITI – 25TH SYNTHESIS REPORT Factory: Location: Number of workers: Date of registration: Date of last two Better Work assessments: MD Industries Ouanaminthe 4534 Jan-20 Mar-21 Jun-22 Advisory and Training Services Virtual advisory meeting Training Virtual OSH tour on chemical management, meeting with Union leaders on CBA violation, Session with the compliance team to validate the portal. Virtual Introduction to Workers Rights & Responsibilities Management meeting on Publicly reported issues, session on First Progress report and review of the improvement plan. 31-Aug-22 Virtual advisory ti Training BWH-TNG HIV/AIDS 29-Aug-22 Training Supervisory Skills (SST) 19-Aug-22 Training Bipartite Committee 17-Jun-22 Training Virtual Negotiation Skills 20-May-22 3-May-22 Virtual advisory ti Training Bipartite Committee training 28-Apr-22 Training Virtual OSH Event Workshop 8-Apr-22 Training GBVH Psychosocial First Aid 25-Nov-22 17-Nov-22 13-Sep-22 Session on HR management systems, Interviews with worker representatives and Virtual OSH tour. 7-Apr-22 Training GBVH Gap Analysis 6-Apr-22 Training GBVH Grievance Mechanism 5-Apr-22 Training GBVH Introduction training 11-Mar-22 Virtual advisory meeting Meeting with the compliance team to review and validate pending issues on the improvement plan, Follow up on the training plan, Session on OSH management. systems 25-Feb-22 Virtual Bipartite committee meeting Meeting to discuss about the challenges of the committee, session to identify the training needs. ASSESSMENT Jun-22 COMPLIANCE CLUSTER COMPLIANCE POINT Collective Bargaining Freedom of Association and Collective Bargaining DETAILS OF NON COMPLIANCE Assessment June 2022 Violation of the CBA. IMPROVEMENT PRIORITIES Register all employees to OFATMA for work related Accidents, maternity and health insurance. Provide chairs with back rest to all workers and allocate chair for standing workers. REMEDIATION EFFORTS MONTHS 5 202 Jun-22 Compensation Wage Information, Use and Deduction Some supervisors and workers did not punch in and out. However, they had time for normal hours including overtime in their payroll record. 1. Have a single time record 2. Keep working time records for at least 12 months 20 Jun-22 Compensation Paid Leave The calculation of annual leave payment does not include the lunch break payment. Discuss legal requirements with the General Manager, pay the lunch break and include it in the calculation of annual leave 20 Jun-22 Compensation Paid Leave Sick leave is not compensated based on the average earnings and it does not include the lunch break payment. Discuss legal requirements with the General Manager, pay the lunch break and include it in the calculation of sick leave. 20 Jun-22 Compensation Paid Leave The factory only paid 6 weeks of maternity leave. Pay the lunch break. Ensure that workers are registered with OFATMA for maternity and Health insurance. 20 Jun-22 Compensation Paid Leave The lunch break is not compensated in the payroll. Discuss legal requirements with the General Manager and pay the lunch break. 20 Jun-22 Compensation Paid Leave The factory does not pay annual leave, sick leave and maternity leave correctly. Discuss legal requirements with the General Manager and pay the lunch break. 20 Jun-22 Compensation Social Security and Other Benefits Pay the lunch break and include the payment in the calculation of annual salary supplement. 20 Jun-22 Compensation Social Security and Other Benefits The calculation for annual salary supplement or bonus does not include the lunch break payment. The factory did not send workers pay slip for the last 3 months to OFATMA for sick leave and maternity leave payment. Send workers pay slip for the last 3 months to OFATMA for sick leave and maternity leave payment. 20 Jun-22 Compensation Social Security and Other Benefits Pay the lunch break, then forward worker's and employers' contribution to ONA within the first 10 business days of the next month for the previous month. 5 The employer collect and forward the workers' and employers' contributions to ONA, based on the minimum salary. 203 Jun-22 Compensation Social Security and Other Benefits They factory did not collect workers' contributions for OFATMA Maternity and Health insurance. Pay the lunch break, then forward worker's and employers' contribution to OFATMA within the first 10 business days of the next month for the previous month. 20 Jun-22 Contract and Human Resources Employment Contracts The factory does not have an internal work rules approved by the Ministry of Labor. Review the internal work rules. Send the document to MAST for approval. Ensure that all the pages are stamped. 20 Jun-22 Occupational Safety and Health OSH Management Systems Management has submitted only Declare accidents to OFATMA monthly. 7 months of work related accident to OFATMA. 20 Jun-22 Occupational Safety and Health Chemicals and Hazardous Substances The inventory of chemical products is not accurate. Assign responsible persons for updating inventories of hazardous substances in the various locations where they are stored or used. 20 Jun-22 Occupational Safety and Health Chemicals and Hazardous Substances Unlabelled containers of chemical and hazardous products found in the workplace. Define who control the chemical container on receipt from supplier and control the label. 20 Jun-22 Occupational Safety and Health Chemicals and Hazardous Substances MSDS were not available for all chemical and hazardous products used in the workplace. Keep chemical MSDS for all hazardous chemicals used in the workplace. 20 Jun-22 Occupational Safety and Health Chemicals and Hazardous Substances The spot cleaning area does not have the proper conditions to prevent unnecessary exposure of workers to chemicals as it is not an isolated area. Improve isolation from the chemical (e.g. separate room for spot cleaning). 20 Jun-22 Occupational Safety and Health Chemicals and Hazardous Substances No eye wash has been installed near the mechanic shop where chemical products are used. Improve effectiveness of eyewash station and provide eye wash bottles. 20 Jun-22 Occupational Safety and Health Worker Protection The factory has not provided proper PPE to all workers. Provide employees with all necessary personal protective clothing and equipment according to PPE regulation. 20 204 Jun-22 Occupational Safety and Health Worker Protection 90 percent of the single-needle machines in MD4 were missing their finger guards. Define who is in charge of installing and regularly maintaining the machine guards. 20 Jun-22 Occupational Safety and Health Worker Protection The factory does not systematically check all workers' and visitors' body temperature upon entry. Check the body temperature of all workers as well as visitors. 5 Jun-22 Occupational Safety and Health Worker Protection It was observed that several chairs in the sewing areas are missing backrest. Provide chairs with backrest for all workers. Add this aspect in the daily or weekly checks. 5 Jun-22 Occupational Safety and Health Working Environment Workplace temperature exceed Better Work recommended limit of 30 C. Take action to reduce the temperature ( opening in the roof, water curtain, additional fans). 20 Jun-22 Occupational Safety and Health Working Environment Lux level is insufficient in all sections. Ensure that the factory meets the following requirements: A minimum of 300 lux for Pressing section, 500 lux for Sewing, cutting, packing and 750 lux for Trimming, Inspection. 20 Jun-22 Occupational Safety and Health Welfare Facilities Insufficient number of toilets. Discuss legal requirements with the General Manager. Increase the number of toilets as required by law. 20 Jun-22 Occupational Safety and Health Welfare Facilities Ensure the factory has it own eating The employer does not have its own eating area. Instead, workers area that can accommodate all the workers. use the communal eating areas shared with other factories within CODEVI (industrial park). 20 Jun-22 Occupational Safety and Health Health Services and First Aid The factory does not have an onsite medical facilities and staff as required by art. 478 and 479 of the labor code. Hire the required medical staff. 20 205 Jun-22 Occupational Safety and Health Health Services and First Aid Four first aids boxes are missing items listed on the checklist. In addition one first aid box was obstructed. Equip first aid box and define responsibility for refilling. 20 Jun-22 Occupational Safety and Health Health Services and First Aid The total number of workers trained in first aid is less 10 percent of the workforce as recommended by Better Work. Train at least 10 percent of the workforce. 20 Jun-22 Occupational Safety and Health Emergency Preparedness Fire extinguisher are not properly maintained. Mark on the floor areas that should remain unobstructed and provide additional space for storing goods. 20 Jun-22 Occupational Safety and Health Emergency Preparedness Evacuation route is not clearly marked. Paint evacuation arrows and signs. Identify the meeting point and ensure it visible to workers in case of emergency. 20 Jun-22 Occupational Safety and Health Emergency Preparedness The factory has not conducted an emergency drill every 6 months. Conduct at least 2 emergency drill per calendar year with the authorities (incl. full evacuation of the workforce). 20 Jun-22 Working Time Regular Hours The regular working hours are exceed the legal limit. 20 Jun-22 Working Time Regular Hours A review of the working time record and interviewed with workers revealed discrepancies in the time record. Ensure that the weekly regular working hours which include the daily break do not exceed 48 hours per week. Have an accurate attendance recording system. Jun-22 Working Time Leave Pregnant workers do not go on leave 6 weeks before giving birth. Develop a procedure for pregnant women. Inform workers of their rights. 20 Jun-22 Contract and Human Resources Employment Contracts The communication on HR policies and procedures does not include : Staff training on how to carry out policies and procedures. Provide staff training on how to carry out policies and procedures. 5 20 206 Jun-22 Contract and Human Resources Employment Contracts The employer did not investigate violations of HR policies and procedures to identifies weaknesses and make necessary adjustments to prevent reoccurrence. Develop a procedure on HR performance indicators. Have in place a monitoring systems. 5 Jun-22 Contract and Human Resources Employment Contracts The grievance procedure does not ensure anonymity. Review the grievance procedure to ensure anonymity and translate it in local language. 5 Jun-22 Contract and Human Resources Employment Contracts Recruitment procedure is not adequate. Develop an appropriate recruitment procedure. 5 Jun-22 Occupational Safety and Health OSH Management Systems Management did not show evidence of worker training relevant to assigned tasks. Provide Worker training relevant to assigned tasks - Train the OSH committee - Post names of OSH committee members - Post policies and work instructions 5 Jun-22 Occupational Safety and Health OSH Management Systems Management does not implement the followings: - Logging and analysis of violations of procedures. Investigates monitors and measures OSH issues through: - Regular test, survey and inspections - Logging and analysis of violations of procedures. 5 Jun-22 Occupational Safety and Health OSH Management Systems The factory does not have an adequate accident investigation procedure. Develop an accident investigation procedure that includes: - Root cause analysis - Focus on sustainable solutions - Implementation of changes in order to avoid reoccurrence 5 Jun-22 Occupational Safety and Health OSH Management Systems The factory does not have an adequate hazard/risk management and control procedure. Develop a hazard/risk management and control procedure that includes: A systematic approach to identifying hazards. 5 Jun-22 Occupational Safety and Health OSH Management Systems The OSH policy does not establish measurable objectives and improvement targets. Develop an OSH policy in consultation with workers' representative and establish measurable objectives. 5 Assessment March 2021 207 Mar-21 Compensation Overtime Wages Workers revealed that often they are staying beyond the normal working hours to complete their production target and they are not compensated for overtime. Compensate workers for overtime hour worked after 5 Pm. The clock in and clock out were suspended due to the protocol implemented to avoid contagion and spread of Covid-19, these records were being made manually. Mar-21 Compensation Wage Information, Use and Deduction Payroll record is not accurate. Have an accurate and detailed payroll system. Entry and exit records were deactivated due to COVID19 and were being kept manually. Mar-21 Compensation Paid Leave The employer pays workers for annual leave. However, the calculation does not include the lunch break payment. Pay the lunch break and include the payment in annual leave calculation. Mar-21 Compensation Paid Leave The employer pays workers for sick leave. However, the calculation is based on the minimum salary and not on the average earnings. Discuss with the General Manager the national law Pay sick leave on daily average earnings Mar-21 Compensation Wage Information, Use and Deduction The factory only paid 6 weeks of maternity leave where workers are entitled to 12 weeks of payment when the factory is registered with OFATMA for maternity and health insurance based on labor Code. Discuss legal requirements with the General Manager and register with OFATMA for maternity and health insurance. Mar-21 Compensation Paid Leave The lunch breaks is not compensated in the payroll. Discuss legal requirements with the General Manager and pay the lunch break as required by the law. Mar-21 Compensation Paid Leave Payment for leave and breaks Discuss legal requirements with the General Manager and pay the lunch break. Mar-21 Compensation Social Security and Other Benefits The employer contribution to ONA is calculated on the minimum salary. Calculate this amount based on workers base salaries instead of the minimum wage. 208 Mar-21 Compensation Social Security and Other Benefits ONA payment is calculated on the minimum salary, it does not include the lunch break payment and the payment is late. Submit ONA payments on time, within the first 10 working days of each month for the previous month. Then calculate this amount based on workers base salaries instead of the minimum wage. Mar-21 Compensation Social Security and Other Benefits Employer contribution to OFATMA for work-related accident insurance is late and no proof of payment for the fiscal year 2020-2021 were available. Ensure that payment for work related accident is made in a timely manner. Furthermore, it represents 3 percent of the payroll for the fiscal year 20192020 Mar-21 Compensation Social Security and Other Benefits The factory has not registered with OFATMA for maternity and health insurance. Register with OFATMA for maternity and health insurance. Mar-21 Compensation Social Security and Other Benefits Collecting and forwarding of workers' contributions to OFATMA. Register with OFATMA Collect and forward workers' contribution to OFATMA Mar-21 Compensation Wage Information, Use and Deduction Discuss legal requirements with the General Manager Pay the annual salary on the daily average earnings. Mar-21 Contract and Human Resources Employment Contracts The employer pays workers for annual salary supplement or bonus. However, the calculation does not include the lunch break payment. Apprentice contract is not approved by MAST. Mar-21 Contract and Human Resources Employment Contracts The factory does not have its own internal work rules but uses Codevi's internal work rules which is not approved by MAST. Develop and internal work rules and send it to MAST for approval. Mar-21 Contract and Human Resources Termination The employer provides the payment for the applicable notice period. However, the calculation of the average earning does not include the lunch break payment Pay the lunch break and ensure the notice payment is based on the daily average earnings. The payment is made as required. Request approval from MAST for the apprentice contracts. We developed our own Internal work rules in MD Industries and we are making the contacts with MAST for sending the document for approval. 209 Mar-21 Compensation Termination The employer compensates workers for unused paid annual leave upon termination. However, the calculation of the daily average salary does not include the lunch break payment. The employer pays workers their annual salary supplement upon termination. However, the calculation of the basic salary does not include the lunch break payment. Pay the lunch break, Ensure the payment for annual leave is based on the daily average earnings. Mar-21 Compensation Termination Mar-21 Occupational Safety and Health OSH Management Systems The factory does not record and submit work related accidents to OFATMA on a monthly basis. Assign someone to records and submit work related accidents to OFATMA on a monthly basis. The work related are submitted on a Monthly basis and the compliance officer is in charge to records the accidents. Mar-21 Occupational Safety and Health Chemicals and Hazardous Substances The factory keeps an inventory of chemicals. However, the inventory does not include all the location where chemicals are stored. Assign responsible persons for updating inventories of hazardous substances in the various locations where they are stored or used. The person in charge of the warehouses parts are responsible for keeping the chemical inventory updated in each of their plants. Mar-21 Occupational Safety and Health Chemicals and Hazardous Substances Unlabelled containers of chemicals. Define who control the chemical container on receipt from supplier and control the label. Mar-21 Occupational Safety and Health Chemicals and Hazardous Substances The employer did not keep chemical safety data sheets for all hazardous chemicals used in the workplace. Keep chemical MSDS for all hazardous chemicals used in the workplace. The person in charge of parts warehouse and purchasing department are the only people authorized to receive chemicals at MD Industries The purchasing area is responsible for receiving the MSDS and it is verify by compliance officer. Mar-21 Occupational Safety and Health Chemicals and Hazardous Substances The spot cleaning area does not have proper conditions to prevent unnecessary exposure of workers to chemicals as is not an isolated area. Improve isolation from the chemical (e.g. separate room for spot cleaning). Include the lunch break in the calculation of annual salary supplement upon termination. The factory is introducing a new equipment. 210 Mar-21 Occupational Safety and Health Chemicals and Hazardous Substances Assessors observed three area where chemical were stored and they were not provided with eye wash facilities or cleansing materials in the event of exposure to the chemicals. 1. Provide eye washing station or eye wash bottles Eye wash bottles have been installed. Mar-21 Occupational Safety and Health Worker Protection Assessors found that in building 1, 25 percent of sewing machine were missing belt guards and about 9 percent were missing guards Install the guards in accordance with the company regulation. Management has developed a monitoring plan for all protective equipment. Mar-21 Occupational Safety and Health Worker Protection Electrical wires create a tripping hazard, circuit breakers are not properly labelled and electrical equipment not fully mounted. Properly support the electrical cable; Insulate the exposed electrical wires, Make sure that all circuit breakers are labelled and the door of the electrical panel is closed. The circuit breakers have been labelled and hazard sign are posted on the electrical panel. Mar-21 Occupational Safety and Health Worker Protection Electrical switch boxes do not have any warning signs posted in Building MD3. Identify electrical installations requiring warning signs. The electrical installations has been identified and hazard sign are posted. Mar-21 Occupational Safety and Health Working Environment The temperature in the workplace did not facilitate efficiency of production. 1. Install additional fans. 2. Specify who is in charge of regular maintenance of the fans Management has installed a air system to control the temperature at the plant. Mar-21 Occupational Safety and Health Welfare Facilities The workplace did not have adequate accessible toilets. Increase the number of toilets. Mar-21 Occupational Safety and Health Welfare Facilities The employer does not have their own eating area, instead workers use the communal eating areas which can not accommodate all workers. Ensure the eating area can accommodate all workers. Mar-21 Occupational Safety and Health Health Services and First Aid Management did not share evidence that medical checks were provided to workers in their first three months of hiring. Pay the CDS and provide free health checks to workers. 211 The compliance officer identify the specific area that we need to do twice a year with our adviser of Better Work . Mar-21 Occupational Safety and Health Health Services and First Aid Health checks for workers who are exposed to work-related hazards. Provide health checks twice a year at not cost for the workers. Mar-21 Occupational Safety and Health Health Services and First Aid Annual medical checks for workers. Provide health checks at not cost for workers. Mar-21 Occupational Safety and Health Health Services and First Aid Assessors observed on expired product, Sep-Sol in a first aid box in building MD1. Equip first aid box and define responsibility for refilling. Mar-21 Occupational Safety and Health Health Services and First Aid Provide additional training on first aid The factory provides first aid Have a system in place to monitor training. However, the total number of workers trained in first trained workers aid is less than 10 percent of the workforce. The factory keep records of all training at the facility. Mar-21 Occupational Safety and Health Emergency Preparedness No alarm system is installed in building MD3. The alarm has been installed. Mar-21 Occupational Safety and Health Emergency Preparedness No evacuation plan was available Update the evacuation map. at the time of the visit. In addition, escape routes were not marked and emergency exits were not equipped with exit signs. Mar-21 Occupational Safety and Health Emergency Preparedness The factory provides fire-fighting training. However, the total number of workers trained in firefighting is less than 10 percent of the workforce. Provide additional training in fire fighting equipment. Have a system in place to monitor trained workers. The factory started on may to provide this specific training. Mar-21 Working Time Regular Hours A review of the working time record and interviewed with supervisors and workers revealed that factory is using a manual record that is not confirmed by workers' signatures. Have an accurate attendance recording system. The clock-in y clock-out were disabled to prevent the spread and spread of covid-19, they have already started to use and properly register the entries and exits of our employees. Have a fire detection and alarm system suitable for the factory conditions. The first aid box are equipped with the inventory list, the responsibility are define by first aid box location. Evacuation plan has been updated. 212 BETTER WORK HAITI – 25TH SYNTHESIS REPORT Factory: Location: Number of workers: Date of registration: Date of last two Better Work assessments: MGA Haiti S.A. Port-au-Prince 1527 Oct-09 Feb-21 Mar-22 Advisory and Training Services 11-Nov-22 Training Virtual Introduction to Workers Rights & Responsibilities 28-Oct-22 Training Virtual Introduction to Workers Rights & Responsibilities 30-Aug-22 Virtual advisory meeting Meeting with Bipartite Committee to review: - The improvement plan comments. - Training needed for the new members, to be able to participate on the improvement process. 14-Jun-22 Virtual advisory meeting Advisory meeting to discuss about:- OFATMA/ Worker protection- OSH assessment- Pregnant women policy 9-Jun-22 Training Virtual Supervisory Skills Training (SST). 3-Jun-22 Training Virtual Workers' Rights & Responsibilities. 6-May-22 Training Virtual Bipartite Training. 28-Apr-22 Training Virtual OSH Event Workshop. 22-Apr-22 Virtual advisory meeting Advisory meeting to discuss findings from the last assessment. 25-Feb-22 Virtual advisory meeting Advisory meeting to discuss about the roadmap for 2022 and review of the improvement plan. 26-Nov-21 Virtual advisory meeting Meeting with management to work on the first progress report guidelines. 25-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. ASSESSMENT COMPLIANCE CLUSTER COMPLIANCE POINT DETAILS OF NON COMPLIANCE IMPROVEMENT PRIORITIES Assessment February 2022 REMEDIATION EFFORTS MONTHS 213 Feb-22 Compensation Minimum Wages/Piece Rate Wages Factory paid workers less than the minimum. Fix the accounting system and apply the new minimum wage for all workers. Corrections have been made for all workers. 10 Feb-22 Compensation Overtime Wages Factory paid workers incorrectly for overtime hours worked. Fix the accounting system and pay workers the correct amount for overtime worked. Corrections have been made for all workers. 10 Feb-22 Compensation Paid Leave Inaccurate annual leave payments. Calculate annual leave on worker's daily average earnings by including the lunch break payment. 19 Feb-22 Compensation Paid Leave Inaccurate sick leave payment. Calculate sick leave on worker's average daily earnings by including the lunch break payment. 19 Feb-22 Compensation Paid Leave Inaccurate payment for maternity leave. Calculate the maternity leave payment on worker's average daily earnings by including the lunch break payment. 10 Feb-22 Compensation Paid Leave The lunch break is not compensated in the payroll. Pay the daily lunch break accurately to all workers. 50 Feb-22 Compensation Social Security and Other Benefits The factory did not share any proof of payment for OFATMA work related accident insurance. Factory need to register with OFATMA for work related accident insurance and pay the fiscal year. 19 Feb-22 Compensation Social Security and Other Benefits Inaccurate annual salary supplement or bonus payments. Calculate annual salary supplement or bonus payment based on worker's average daily earnings. 50 Feb-22 Compensation Social Security and Other Benefits The factory sends inaccurate worker's pay slip to OFATMA. The factory must pay for the lunch break and include it in the payment calculation. 19 214 Feb-22 Compensation Social Security and Other Benefits The calculation for ONA payment is inaccurate and payments are made late consistently. Calculate ONA contributions on the average salary, include the lunch break payment and forward it on time. 50 Feb-22 Compensation Social Security and Other Benefits The calculation for OFATMA payment is inaccurate and payments are made late consistently. Calculate OFATMA contributions on the average salary, include the lunch break payment and forward it on time. 6 Feb-22 Contract and Human Resources Termination Inaccurate notice period upon termination. Factory needs to apply the law and pay the lunch break. 19 Feb-22 Contract and Human Resources Termination Inaccurate unused paid annual leave upon termination. Factory needs to apply the law and pay the lunch break. 19 Feb-22 Contract and Human Resources Termination Factory needs to apply the law and pay the lunch break. 19 Feb-22 Occupational Safety and Health OSH Management Systems Inaccurate annual salary supplement or bonus payments upon termination. The factory does not perform OHS self-assessment on a monthly basis. The factory need to perform OHS self-assessment on a monthly basis. 10 Feb-22 Occupational Safety and Health Chemicals and Hazardous Substances Inventory of chemicals and hazardous substances is not updated. Update inventory of chemicals and hazardous substances in the workplace. The factory has a system in place to maintain an up-todate inventory. 38 Feb-22 Occupational Safety and Health Chemicals and Hazardous Substances Chemical and hazardous substances are not properly labelled. Label all chemicals and hazardous substances used in the workplace. The factory has labelled all containers of chemicals and hazardous substances in the workplace. 38 Feb-22 Occupational Safety and Health Chemicals and Hazardous Substances MSDSs are not available in local language for all chemicals used in the workplace. Translate MSDS in the local language and post them where chemical products are used. The factory post MSDS in local language for all chemical products used in the workplace. 38 215 Feb-22 Occupational Safety and Health Chemicals and Hazardous Substances The factory does not have appropriate spot cleaning area. The factory needs to have an isolated area for spot cleaning. The factory has restricted access to other workers in the spot cleaning area. 19 Feb-22 Occupational Safety and Health Chemicals and Hazardous Substances Eyewash does not work in spot cleaning area. Install functioning eye wash stations in all places where chemical and hazardous substances are used. The factory repaired the eyewash in the Spot cleaning area. 10 Feb-22 Occupational Safety and Health Worker Protection The factory did not provide appropriate PPE to all workers. The factory needs to provide proper PPE to all workers using chemical products. The factory provides safety belts and gloves to all workers. 10 Feb-22 Occupational Safety and Health Worker Protection Several sewing machines are missing eye guards and pulley guards. The factory needs to ensure that The factory has installed appropriate safety guards on all machine have the proper all machines. safety guards. 55 Feb-22 Occupational Safety and Health Worker Protection Improper maintenance of electrical system of the factory. Ensure that all electrical panel are properly maintained. 38 Feb-22 Occupational Safety and Health Worker Protection The factory did not provide Covid- Factory needs to provide 19 training to staff. training to all staff on Covid-19. Feb-22 Occupational Safety and Health Worker Protection Factory does not systematically check workers' and visitors' body temperature upon entry. Feb-22 Occupational Safety and Health Worker Protection The factory did not provide shock- Factory needs to provide shock absorbing mats to workers. absorbing mats to all standing workers. The factory fixed the exposed wire issues and labelled all circuit breakers in the boiler room. The factory offers training to staff. Factory needs to check the body temperature of all workers as visitors Maintain register available for all persons with a temperature of 38 C and above 19 19 Factory provided shock absorbing mats to all standing workers. 19 216 Fans have been installed, in order to lower the temperature. 55 Feb-22 Occupational Safety and Health Working Environment Workplace temperatures levels are Monitor the temperature level unacceptable. and maintain it under 30 C inside the workplace. Feb-22 Occupational Safety and Health Working Environment Noise levels are not acceptable in the workplace. Keep the noise level below 90db, as recommended by Better work. Feb-22 Occupational Safety and Health Working Environment Light levels were inappropriate in all working sections. Ensure the lighting is adequate and adapted to worker's needs. The factory installed more lights. 55 Feb-22 Occupational Safety and Health Working Environment The workplace is not clean and tidy. keep the factory floors clean and tidy. Fix the water leak in the generator room. The factory fixed the water leak in the generator room. 10 Feb-22 Occupational Safety and Health Welfare Facilities Insufficient number of Toilets. Increase the number of toilets. Feb-22 Occupational Safety and Health Welfare Facilities Hand washing facilities and soap were not available. Factory needs to install hand washing facilities and soap in the workplace. Feb-22 Occupational Safety and Health Welfare Facilities Eating area is not adequate to accommodate the entire workforce. The factory needs to find an additional eating area to accommodate workers. Feb-22 Occupational Safety and Health Health Services and First Aid Health checks was not provided to workers within the first three months of hiring. Provide health checks to workers within the first three months of hiring. Follow-up was done to fix an appointment with OFATMA for a check-up. 47 Feb-22 Occupational Safety and Health Health Services and First Aid Free health checks was not provided to workers exposed to work-related hazards. Provide health checks to workers exposed to workrelated hazards at least twice a year. Follow-up was done to fix an appointment with OFATMA for a check-up. 47 Feb-22 Occupational Safety and Health Health Services and First Aid Free annual medical checks was not provided to workers. Arrange free annual medical checks for all workers. Follow-up was done to fix an appointment with OFATMA for a check-up. 47 10 55 The factory has installed hand washing facilities and soap in the workplace. 10 10 217 Feb-22 Occupational Safety and Health Health Services and First Aid Insufficient medical personnel. Hire additional nurses to comply with the labour code. 55 Feb-22 Occupational Safety and Health Health Services and First Aid First aid boxes are missing basic items and contain expired products. The factory need to monitor the first aid boxes and ensure that missing and expired items are replaced promptly. Feb-22 Contract and Human Resources Employment Contracts The contract for foreign workers does not contain all the required information. The factory should review the foreigner's contract and include the employer's information as well as the employee's salary. Feb-22 Occupational Safety and Health Emergency Preparedness Fire extinguishers were not properly maintained. Provide adequate firefighting equipment and Ensure regular maintenance is done. The factory has corrected all related issues with firefighting equipment. 55 Feb-22 Occupational Safety and Health Emergency Preparedness Obstructed aisles and emergency exits. Keep routes unobstructed during working hours. All routes are unobstructed during working hours. 10 Feb-22 Occupational Safety and Health Emergency Preparedness Improper maintenance of electrical panel. Make sure electrical panels are properly maintained. 10 Feb-22 Working Time Regular Hours Regular working hours exceed the legal limit. Revise the internal regulations and make sure that the regular hours do not exceed 48 hours per week. 10 Feb-22 Working Time Regular Hours Factory did not give two break of 30 minutes to pregnant workers Provide additional breaks to pregnant women. 10 Feb-22 Working Time Leave Inaccurate maternity leave to pregnant workers. Allow pregnant women to take 12 weeks of maternity leave as required by the labor code. 10 The factory has fixed all first aid boxes. 35 10 218 Feb-22 Contract and Human Resources Employment Contracts The factory's HR policies and procedures do not include staff training on how to carry out policies and procedures Review the procedures to include Staff training on how to carry out policies and procedures 10 Feb-22 Contract and Human Resources Employment Contracts The employer does not take action to investigate violations of HR policies and procedures. Review the policy to include procedures to investigate weaknesses and violations of HR policies and to make the necessary adjustments. 10 Feb-22 Contract and Human Resources Employment Contracts The disciplinary and termination procedures do not include all the necessary steps. Review the actual procedure in order to include the time frame between warnings and payments, the right to defend oneself prior to termination and to representation during the disciplinary process. 10 Feb-22 Contract and Human Resources Employment Contracts The factory does not have a grievance handling and dispute resolution procedure that meets all the requirements. Update and adjust the grievance policies and procedures. 10 Feb-22 Occupational Safety and Health OSH Management Systems The employer has failed to investigate, monitor and measure OHS issues as required. Ensure that all OSH issues are investigated, monitored and measured accurately. 10 Feb-22 Occupational Safety and Health OSH Management Systems The factory has a written accident investigation procedure that that includes all the requirements. Review the accident investigation procedure to include the necessary step to avoid reoccurrence. 10 Feb-22 Occupational Safety and Health OSH Management Systems The factory does not have a hazard/risk management and control procedure that includes all the requirements. Update and adjust hazard/risk management and control procedures. 10 Assessment February 2021 219 Feb-21 Compensation Paid Leave Inaccurate annual leave payments. Calculate the annual leave on worker's daily average . Feb-21 Occupational Safety and Health Emergency Preparedness Insufficient workers trained in the use of fire-fighting equipment. Train at least 10% of the workforce in the use of firefighting equipment. The factory trained more than 10% of the workforce. Feb-21 Occupational Safety and Health Emergency Preparedness Emergency exit door was locked during working hours. Keep all the exit doors open during working hours. The factory removed the exit sign.   Feb-21 Occupational Safety and Health Emergency Preparedness Evacuation plan of two buildings are not updated and no evacuation plan for another one. Post updated evacuation plans for all buildings. Feb-21 Occupational Safety and Health Emergency Preparedness No fire extinguisher were available in one building and one is obstructed in another one. Install adequate firefighting equipment and ensure regular maintenance is done. Feb-21 Occupational Safety and Health Emergency Preparedness No fire alarm system was installed Install a functioning alarm in two building. system in all buildings. Feb-21 Occupational Safety and Health Health Services and First Aid Insufficient workers trained in first aids. Train at least 10% of the workforce in first aids. Feb-21 Occupational Safety and Health Health Services and First Aid One first aid box was not accessible and another one had expired products in one building, no first aid boxes available in another one and one was empty. Ensure, regular checking is done for all first aids boxes and Install first aid boxes in the building. Feb-21 Occupational Safety and Health Health Services and First Aid Insufficient medical personnel. Hire additional nurses. The factory installs the required fire fighting equipment in the building and keeps it all clear. All the safety and protection equipment has been installed. The factory install one first aid box in building 10 and refill all boxes in building 11 & .  220 Feb-21 Occupational Safety and Health Health Services and First Aid Annual Medical checks conducted only to 217 workers by OFATMA. Proactively work with OFATMA to distribute the health cards and conduct the medical checks as required. We call OFATMA, then they will continue with the process. Feb-21 Occupational Safety and Health Health Services and First Aid The factory does not provide free Proactively work with OFATMA health checks within the first three to distribute the health cards and conduct the medical checks months of hiring. as required. we call OFATMA to have appointment to check up the workers. Feb-21 Occupational Safety and Health Welfare Facilities The factory has insufficient functioning toilets Increase the number of functioning toilets in the workplace. Feb-21 Occupational Safety and Health Working Environment Light levels were inappropriate in all the working sections. Ensure the lighting is adequate and adapted to worker's needs. Feb-21 Occupational Safety and Health Working Environment Workplace temperatures levels are Monitor the temperature level unacceptable. and maintain it under 30 C inside the workplace. Feb-21 Occupational Safety and Health Worker Protection The factory does not check the body temperature for workers as well as the visitors and keep a registry. Systematically check all worker's and visitors' body temperature upon entry and Keep a record of all people whose temperature are above 38C. Feb-21 Occupational Safety and Health Worker Protection Social distance is not respected on the factory floor. Ensure that 1.5 meter of distance is respected on the production floor and eating area. Feb-21 Occupational Safety and Health Worker Protection Improper maintenance of electrical system of the factory. Improve the electrical maintenance and Create a maintenance log. The maintenance team has installed more lights, to solve that issue. Fans have been installed, in order to lower the temperature. The factory cover the exposed electrical wires in the boiler room and generator room and unobstructed the electrical panel. 221 Feb-21 Occupational Safety and Health Worker Protection Sewing machines were missing finger guards. Install all missing finger guards and ensure proper monitoring is conducted.  The factory has installed all the missing guards on all the machines. Feb-21 Occupational Safety and Health Worker Protection Standing mats were not available to all workers. Provide foot rests or shock absorbing mats to standing workers. The factory provided shock absorbing mats for all standing workers. Feb-21 Occupational Safety and Health Chemicals and Hazardous Substances No eye washing facilities installed near the welding workshop. Install an eyewash station or eye Building 4B is closed. wash bottles. Feb-21 Occupational Safety and Health Chemicals and Hazardous Substances MSDSs are not available in local language for all chemicals used in the workplace. Translate and post MSDS where chemicals are used in the workplace. MSDS for all chemical product has been installed where required. Feb-21 Occupational Safety and Health Chemicals and Hazardous Substances Chemical and hazardous substances are not properly labelled. Label all chemicals and hazardous substances used in the workplace. The factory properly labelled all containers. Feb-21 Occupational Safety and Health Chemicals and Hazardous Substances Inventory of chemicals and hazardous substances is not updated. Update inventory of chemicals and hazardous substances in the 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 were not posted in one building. Post working hours including break time in all building were all workers can see it. Feb-21 Working Time Regular Hours Workers in cleaning department, packing and boiler room are not systematically entitled of weekly rest day after 48 hours of work. Ensure workers receive a full day The factory offered weekly off after 48 hours of work per rest day to all workers. week as a weekly day of rest. The factory have posted the working hour including break time. 222 Feb-21 Contract and Human Resources Termination Inaccurate annual salary supplement or bonus upon termination calculation. Calculate annual salary supplement or bonus upon termination based on worker's average earnings. Feb-21 Contract and Human Resources Termination Inaccurate unused annual leave calculation upon termination . Calculate unused annual leave upon termination based on worker's average earnings. Feb-21 Compensation Social Security and Other Benefits The employer collects and transfers the worker's contribution to OFATMA on time. However, the calculation is inaccurate. Calculate this amount based on workers basic salaries by adding the daily break payment in the payroll. Feb-21 Compensation Social Security and Other Benefits The employer has paid 3 percent of workers' basic salary to OFATMA. However, the calculation is inaccurate. Calculate this amount based on workers basic salaries by adding the daily break wage in the payroll. Feb-21 Compensation Social Security and Other Benefits No proof of payment to OFATMA for work related accident was shared during the assessment visit. Make sure documentation is available during the evaluation period. Feb-21 Compensation Social Security and Other Benefits The employer collects and transfers the worker's contribution to ONA on time. However, the calculation is inaccurate. Calculate this amount based on workers basic salaries by adding the daily break wage in the payroll Feb-21 Compensation Social Security and Other Benefits The employer has paid 6 percent of workers' basic salary to ONA. However, the calculation is inaccurate. Calculate this amount based on workers basic salaries by adding the daily break payment in the payroll. Feb-21 Compensation Paid Leave The lunch break is not compensated in the payroll. Ensure that the daily break is accurately paid to all workers.  The factory starts the payment of work related accident. 223 Feb-21 Compensation Paid Leave The factory did not provide evidence of payment for maternity leave. Ensure that documentation is available during the evaluation period. Feb-21 Compensation Paid Leave The factory did not provide evidence of sick leave payment. Ensure that documentation is 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 Health OSH Management Systems Factory does not have a system in Ensure that a system is in place for the clean and disinfect the place for the clean and disinfect workplace. the workplace. Feb-21 Occupational Safety and Health OSH Management Systems The factory does not have an adequate protocol related to COVID-19 that includes all the elements. Develop an appropriate COVID19 protocol The factory provided proof that OFATMA pays all breastfeeding workers the payment for maternity leave. However, the payment is not on workers' basic salary. 224 BETTER WORK HAITI – 25TH SYNTHESIS REPORT Factory: Location: Number of workers: Date of registration: Date of last two Better Work assessments: Pacific Sports Haiti S.A Port-au-Prince 1,546 Oct-09 Sep-21 Notes: Factory was closed parts of September, October and parts of November due to socio-political unrest. Aug-22 Advisory and Training Services 6-Sep-22 PICC Meeting Meeting to talk about:New improvement planOSH compliance performanceTraining planTraining for new PICC members 19-May-22 PICC 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 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. ASSESSMENT COMPLIANCE CLUSTER COMPLIANCE POINT DETAILS OF NON COMPLIANCE Aug-22 Occupational Safety and Health OSH Management Systems The employer does not properly The factory's procedures lacks the investigates monitors and measures OSH following: issues. -Regular management review of effectiveness of management system including performance on measurable objectives and targets - Accident investigations are followed by an actual change in procedure/ practice where required. 4 Aug-22 Working Time Regular Hours The regular working hours exceed the legal limits. Revise the internal regulations and make sure that the regular hours do not exceed 48 hours per week. 15 Aug-22 Occupational Safety and Health Emergency Preparedness Evacuation maps do not reflect the layout of the floor. Escape routes are not clearly marked. Paint evacuation arrows and yellow lines on the floor to show the exit pathway IMPROVEMENT PRIORITIES REMEDIATION EFFORTS MONTHS Assessment August 2022 all the floor already repainted. Evidence has been shared. 15 We have already hired a nurse the quantity of nurses is ok for the current workforce 15 Specify who conducts additional daily weekly checks (and include this in the system of daily weekly checks) Aug-22 Occupational Safety and Health Health Services and First Aid Insufficient number of medical staff. Hire additional medical staff to have at least 7 nurses for the current workforce. 225 Aug-22 Occupational Safety and Health Health Services and First Aid Assessors found one product Salbucort that was expired in the onsite clinic. Factory was advised to discard the expired product. Factory needs to assigns somebody to check the inventory on a regular basis. Management took immediate action to remove the product 4 Aug-22 Occupational Safety and Health Welfare Facilities The water provided to the workers is not being tested on a monthly basis. Conduct the water test on a monthly basis Water test has been done on a monthly basis. evidence for the last 3 months has been shared. 15 New light are installed in each department needed 50 Update the OSH policy Aug-22 Occupational Safety and Health Working Environment The level of lighting in the workplace is unacceptable. Increase the light level to reach 300 lux in Pressing section, 500 lux in Sewing, cutting, packing. 750 lux in trimming, Inspection section. Aug-22 Occupational Safety and Health Working Environment Improper maintenance of building roof causes water filtration. Cardboard boxes were poorly stacked in the stock room of building 27. Fix roof to avoid water leak. Arrange the stock room Aug-22 Occupational Safety and Health Working Environment Workplace temperature level exceed 30 C 1. Increase the ventilation with additional in all buildings. fans 4 Increase the ventilation with additional fans and adding more extractor in each building 124 Already fixed Evidence shared 40 2. Specify who is in charge of regular maintenance of the fans Aug-22 Occupational Safety and Health Worker Protection Improper maintenance of electrical wiring. 3. Conduct regular measurement of temperature & compare with threshold value 1. Properly support the electrical cable; Insulate the exposed electrical wires, Make sure that the door of the electrical panel is closed 2. Factory electrician to conduct more regularly checks (include this aspect in the system of daily-weekly checks) Aug-22 Occupational Safety and Health Worker Protection Workers was observed climbing the standing racks without stepladder and relevant protective equipment. Provide appropriate step ladder or needed equipment for the workers. Trained to properly use all equipment including protective equipment. Keep training records. Aug-22 Occupational Safety and Health Worker Protection Fuel tanks are not properly identified. Pictogram and warning signs missing. Identify fuel tank, add pictograms pictogram and safety warnings. Management took corrective action during the assessment visit 4 Aug-22 Occupational Safety and Health Worker Protection Standing workers were not provided with shock absorbing mats. Provide anti fatigue mats for standing workers. Also provide sufficient break during which workers can sit down. all workers are provided with anti fatigue mats. Evidence has been shared 15 4 226 Aug-22 Occupational Safety and Health Chemicals and Hazardous Substances The inventory of chemical products does not include the location where products are stored. Assign a person responsible for updating inventories of hazardous substances in the various locations where they are stored or used. Specify who is in charge of maintaining one central inventory for the company. Define who will be responsible for checking. Update chemicals management policy. Completed. Evidence has been shared 15 Aug-22 Contracts and Human Resources Termination The calculation of bonus upon termination does not include the lunch break payment. Discuss legal requirements with the General Manager. Pay the lunch break and include it in the calculation of annual salary supplement or bonus upon termination. We are working on to Pay the lunch break and include it in the calculation of bonus upon termination. 15 Aug-22 Contracts and Human Resources Termination The calculation of unused paid annual leave upon termination does not include the lunch break payment. Discuss legal requirements with the General Manager We are working to pay the lunch break. 15 We are working on to Pay the lunch break and include it in the payment for the applicable notice period. 15 Pay the lunch break and include it in the calculation for unused paid annual leave upon termination. Aug-22 Contracts and Human Resources Termination The calculation of the payment for the applicable notice period. does not include the lunch break payment. Discuss legal requirements with the General Manager Pay the lunch break and include it in the payment for the applicable notice period. Aug-22 Contracts and Human Resources Contracting Procedures The working contract of the security guards does not specify the working time including the shift schedule. Review the contracts for the security guard to make sure it is in accordance with all legal requirements. 4 Aug-22 Contracts and Human Resources Employment Contract The factory's internal rules do not specify the category of employees and the applicable wage for the administrative staff. Review the documents to include all legal requirements 4 Aug-22 Compensation Social Security and Other Benefits The calculation of bonus or annual salary supplement does not include the lunch break payment. Discuss legal requirements with the General Manager 15 Pay the lunch break and include it in the calculation of sick leave, maternity leave and annual leave. 227 Aug-22 Compensation Social Security and Other Benefits The employer does not collect and forward workers contribution to OFATMA for maternity and health insurance. Discuss legal requirements with the General Manager Register with OFATMA The Process in underway to finalize with the registration with OFATMA for maternity and health insurance 64 We are working on to resolve this point pay lunch break 15 We are working on to resolve this point pay lunch break 15 We are working on to resolve this point pay lunch break 15 Include the lunch break in worker' contribution to OFATMA Collect and forward workers' contribution within the first 10 business days of the next month for the previous month Aug-22 Compensation Social Security and Other Benefits The calculation of the workers' and employer's contribution to ONA does not include the lunch break payment. Discuss legal requirements with the General Manager Pay the lunch break and Forward worker contribution to ONA within the first 10 business days of the next month for the previous month. Aug-22 Compensation Paid Leave The factory did not pay annual leave, Sick leave, maternity leave and the daily break correctly. Discuss legal requirements with the General Manager Pay the lunch break Aug-22 Compensation Paid Leave The lunch breaks is not compensated in the payroll. Discuss legal requirements with the General Manager Pay the lunch break Aug-22 Compensation Paid Leave The factory only paid 6 weeks of maternity leave when workers are entitled to 12 weeks of payment. Register with OFATMA for maternity and health insurance. The Process in underway to finalize with the registration with OFATMA for maternity and health insurance 40 Aug-22 Compensation Paid Leave The calculation of sick leave payments does not include the lunch break payment. Discuss legal requirements with the General Manager We are working on, to fixe this point about the lunch break pay 15 We are working on, to fixe this point about the lunch break pay 15 Pay the lunch break and include it in the calculation of sick leave. Aug-22 Compensation Paid Leave The calculation of annual leave payment. Does not include the lunch break payment. Discuss legal requirements with the General Pay the lunch break and include it in the annual salary supplement. Assessment September 2021 Sep-21 Working Time Leave Assessors found at least one case were the pregnant workers where provided more than 6 weeks before the delivery. Have a procedure in place to request a medical certificate in case their physical state does not allow the pregnant worker to remain working until the 6 weeks before the delivery due date. 228 Sep-21 Working Time Regular Hours The regular working hours are from 7:00 AM to 4:00 PM (including an hour of daily break), from Monday to Saturday, which is equivalent to 9 hours per day and 54 hours per week. Revise the internal regulations and make sure that the regular hours do not exceed 48 hours per week. Sep-21 Occupational Safety and Health Emergency Preparedness Assessors observed a rechargeable electric bulb wrapped and hidden in cloth as it charged into a electrical outlet. Identify electrical installations requiring warning signs. Post corresponding signs. Remind supervisors about their responsibility to enforce OSH in their area. Signs of electrical hazards have been posted. Sep-21 Occupational Safety and Health Emergency Preparedness Fire drills are not performed twice a year. Include the fire drill in the training plan Ensure that the fire drill is conducted every 6 months The factory kept a registry for fire drill. Sep-21 Occupational Safety and Health Emergency Preparedness Escape routes were obstructed. Provide additional training for supervisors and workers, rearrange the storage room. Keep escape routes free of obstruction. A checklist has been implemented. Sep-21 Occupational Safety and Health Emergency Preparedness The escape routes are not clearly marked in all the buildings. Paint evacuation arrows and yellow lines on the floor to show the exit pathway. Specify who conducts additional daily weekly checks. A checklist has been implemented. Sep-21 Occupational Safety and Health Emergency Preparedness One fire extinguisher was undercharged. Have a fire extinguisher suitable for the factory conditions. Develop a procedure for recharging the fire extinguishers. Sep-21 Occupational Safety and Health Emergency Preparedness The alarm system does not include emergency lights while the factory employs 44 deaf workers. Have a fire detection and alarm system suitable for the factory conditions. Sep-21 Occupational Safety and Health Health Services and First Aid Insufficient number of nurses. Hire additional medical staff to have at least 7 nurses for the current workforce. Sep-21 Occupational Safety and Health Welfare Facilities The water provided to the workers is not being tested on a monthly basis. Conduct the water test on a monthly basis. Update the OSH policy. Sep-21 Occupational Safety and Health Working Environment The level of lighting in the workplace is unacceptable. Increase the light level to reach 300 lux in Pressing section, 500 lux in Sewing, cutting, packing. 750 lux in trimming, Inspection section. Sep-21 Occupational Safety and Health Working Environment Sep-21 Occupational Safety and Health Worker Protection Workplace temperature level exceed 30 C Increase the ventilation with additional in all buildings. fans. Conduct regular measurement of temperature & compare with threshold value. Exposed electrical wires in the welding Properly support the electrical cable; area. Insulate the exposed electrical wires, Make sure that the door of the electrical panel is closed. The fire detection and alarm system include emergency lights. The exposed wires have been insulated. 229 Sep-21 Occupational Safety and Health Worker Protection Shock absorbing mats were not provided to all workers. Provide anti fatigue mats for standing workers. Also provide sufficient break during which workers can sit down. Sep-21 Occupational Safety and Health Worker Protection Workers are not using proper personal protective equipment. Define staff in charge of providing and renewing the PPE's. Provide employees with all necessary personal protective clothing and equipment. Sep-21 Occupational Safety and Health Chemicals and Hazardous Substances The employer did not provide adequate washing facilities or cleansing materials in the welding area. Install an eye wash station in the welding area. Sep-21 Occupational Safety and Health Chemicals and Hazardous Substances Chemical safety data sheets were not available in the welding area. Keep chemical MSDS for all hazardous chemicals used in the workplace. Specify who is in charge of receiving MSDS from supplier. Verify the MSDS has the needed elements. Sep-21 Occupational Safety and Health Chemicals and Hazardous Substances Unidentified containers of product found in several areas of the workplace. Sep-21 Occupational Safety and Health Chemicals and Hazardous Substances The inventory of chemicals is not accurate. Define who control the chemical container upon receipt from supplier and control the label. Define who is entitled to pour chemicals in other recipients and label them. Assign a person responsible for updating inventories of hazardous substances in the various locations where they are stored or used. Sep-21 Contracts and Human Resources Termination The calculation of bonus upon termination does not include the lunch break payment. Pay the lunch break and include it in the calculation of bonus upon termination. Sep-21 Contracts and Human Resources Termination The calculation of unused paid annual leave upon termination does not include the lunch break payment. Pay the lunch break and include it in the calculation for unused paid annual leave upon termination. Sep-21 Contracts and Human Resources Termination The calculation of the payment for the applicable notice period. does not include the lunch break payment. Pay the lunch break and include it in the payment for the applicable notice period. Sep-21 Compensation Social Security and Other Benefits The employer pays workers for annual salary supplement or bonus. However, the calculation does not include the lunch break payment. Pay the lunch break and include it in the calculation of sick leave, maternity leave and annual leave. Sep-21 Compensation Social Security and Other Benefits The factory is not registered with OFATMA for maternity and health insurance. Therefore, the employer does not collect and forward workers contribution to the social security institution. Register with OFATMA. Include the lunch break in worker' contribution to OFATMA. Collect and forward workers' contribution within the first 10 business days of the next month for the previous month. 230 Sep-21 Compensation Social Security and Other Benefits The factory is not registered with OFATMA for maternity and health insurance. Therefore, the employer does not contribute 3 percent of workers' basic salary to the social security institution. Register with OFATMA. Include the lunch break in the employer contribution to OFATMA and 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 Benefits The calculation of the workers' contribution to ONA does not include the lunch break payment. Pay the lunch break and Forward worker contribution to ONA within the first 10 business days of the next month for the previous month. Sep-21 Compensation Social Security and Other Benefits The calculation of the employer's contribution to ONA does not include the lunch break payment. Pay the lunch break and Forward worker contribution to ONA within the first 10 business days of the next month for the previous month. Sep-21 Compensation Paid Leave The factory did not pay annual leave, Sick leave, maternity leave and the daily break correctly. Discuss legal requirements with the General Manager. Pay the lunch break. Sep-21 Compensation Paid Leave The lunch breaks is not compensated in the payroll. Discuss legal requirements with the General Manager. Pay the lunch break. Sep-21 Compensation Paid Leave The factory only paid 6 weeks of maternity leave when workers are entitled to 12 weeks of payment. Register with OFATMA for maternity and health insurance. Ensure workers are paid 12 weeks of maternity leave. Sep-21 Compensation Paid Leave The calculation of sick leave payments does not include the lunch break payment. Pay the lunch break and include it in the calculation of sick leave. Sep-21 Compensation Paid Leave The calculation of annual leave payment. Does not include the lunch break payment. Pay the lunch break and include it in the annual salary supplement. 231 BETTER WORK HAITI – 25TH SYNTHESIS REPORT Factory: Location: Number of workers: Date of registration: Date of last two Better Work assessments: Palm Apparel S.A. Port-au-Prince 1,029 Jan-11 Nov-19 Mar-22 Advisory and Training Services 12-Nov-22 Training Virtual Introduction to Workers Rights & Responsibilities 27-Jul-22 Virtual advisory meeting Virtual meeting with the bipartite committee to present the last assessment findings, Meeting with workers' representative to discuss about the improvement made by the factory since the last assessment, Virtual OSH tour: emergency preparedness and workers' protection, Meeting with the compliance team to review the improvement plan. 10-Jun-22 Virtual advisory meeting Virtual meeting with the compliance team to review the improvement plan, session on the first Progress report. 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 Policy. 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 assessment. 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. ASSESSMENT COMPLIANCE CLUSTER COMPLIANCE POINT DETAILS OF NON COMPLIANCE IMPROVEMENT PRIORITIES REMEDIATION EFFORTS MONTHS The last fire drill was conducted in August 2022 and the one before that in march 2022. 31 Assessment March 2022 Mar-22 Occupational Safety and Health Emergency Preparedness The factory did not conduct one fire drill every six month. Conduct at least 1 emergency drill every six months. Insert the drills in the OSH annual training plan and Keep records of the drills. 232 Mar-22 Occupational Safety and Health Emergency Preparedness Evacuation routes are not properly identified. Paint yellow lines on the floor to show the exit pathwaySpecify who conducts additional daily weekly checks. Mar-22 Occupational Safety and Health Health Services and First Aid Insufficient medical staff. Hire additional medical staff to have at least 6 nurses for the current workforce. 45 Mar-22 Occupational Safety and Health Health Services and First Aid The annual health checks are not in line with the legal requirements. Discuss the legal requirements with the General Manager. Pay the health cards. Coordinate with OFATMA to do the annual health checks 45 Mar-22 Occupational Safety and Health Health Services and First Aid Health checks within the first three months of employment are not in line with the legal requirements. Discuss the legal requirements with the General Manager. Pay the health cards. Coordinate with OFATMA to do the health checks 44 Mar-22 Working Time Regular Hours The regular working hours exceed the legal limit. Revise the internal regulations and make sure that the regular hours do not exceed 48 hours per week. 9 Mar-22 Occupational Safety and Health Welfare Facilities Insufficient number of toilets. Increase the number of toilets to comply with the law. 61 Mar-22 Occupational Safety and Health Worker Protection The factory does not check all workers' body temperature upon entry and re-entry. 9 Mar-22 Occupational Safety and Health Worker Protection The factory did not conduct any training for the prevention of COVID-19. Check workers' body temperature and Keep a registry for all persons who present a temperature of 38C and above Provide training to workers on COVID-19 Mar-22 Occupational Safety and Health Worker Protection The employer has not provided proper PPE to all workers. Provide employees with all necessary personal protective clothing and equipment according to PPE regulation. 31 Repairs have been made such as arrows to identify the evacuation routes. The factory floor is marked, and the assembly point is indicated outside of the buildings. 31 9 233 Mar-22 Occupational Safety and Health Chemicals and Hazardous Substances Eye wash stations are not available in all areas where chemical products are used. Install eye wash station where chemicals are used in stored. 9 Mar-22 Occupational Safety and Health Chemicals and Hazardous Substances The spot cleaning area is not isolated from the workspace. Isolate the use of chemical away from the work area. Use a separate, ventilated room for spot cleaning. 9 Mar-22 Occupational Safety and Health Chemicals and Hazardous Substances MSDS are not available for all chemical and hazardous substances used in the workplace. Prepare and post MSDS where chemicals are used. 62 Mar-22 Occupational Safety and Health OSH Management Systems The factory did not share any structural safety certificate delivered by the city, with the assessors. Request a structural safety certificate from the city. 9 Mar-22 Occupational Safety and Health OSH Management Systems Work related accident were not recorded and submitted to OFATMA on a monthly basis. Assign responsibility and submit work related accident to OFATMA monthly. Mar-22 Compensation Social Security and Other Benefits Payment to OFATMA for maternity and health insurance is not accurate and made late. Mar-22 Compensation Social Security and Other Benefits Contributions to ONA for retirement insurance are inaccurate. Pay the lunch break and Forward worker's and employer's contribution to OFATMA maternity and health insurance within the first 10 business days of the next month for the previous month Pay the lunch break and Forward worker's and employer's contribution to ONA within the first 10 business days of the next month for the previous month. Mar-22 Compensation Social Security and Other Benefits The factory did not send worker's pay slip to OFATMA for sick leave and maternity leave payment. Send workers' payslip to OFATMA on a regular basis for maternity and sick leave. The factory has assigned responsibilities and the reports are sent to OFATMA. 9 63 133 The maternity leave form, once completed, is sent to OFATMA along with a work certificate and the last 2 pay slips of the employee. 9 234 Mar-22 Compensation Social Security and Other Benefits The calculation for annual salary supplement or bonus is inaccurate. Discuss legal requirements with the General Manager. Pay the lunch break and include it in the calculation of the average daily salary. 9 Mar-22 Compensation Social Security and Other Benefits The factory's management did not share the salary statement sent to OFATMA for work related accident insurance for the fiscal year 2021- 2022. Keep records of the salary statement sent to OFATMA. Pay OFATMA work related accident insurance on time. 63 Mar-22 Compensation Paid Leave The factory did not pay annual leave, Sick leave and maternity leave correctly. Discuss legal requirements with the General Manager. Pay the lunch break and include it in the calculation of the average daily salary. 9 Mar-22 Compensation Paid Leave The lunch break is not compensated. Discuss legal requirements with the General Manager Pay the lunch break. 9 Mar-22 Compensation Paid Leave Maternity leave payment is for 6 weeks instead of 12 weeks. Discuss legal requirements with the General Manager. Pay the lunch break. Send worker's payslip to OFATMA on time. 9 Mar-22 Compensation Paid Leave The payment for maternity leave is not accurate. Discuss legal requirements with the General Manager Include the lunch break payment in the average salary for maternity leave. 9 Mar-22 Compensation Paid Leave The calculation of the annual leave payment does not include the lunch break payment. Discuss legal requirements with the General Manager Pay the lunch break and include it in the calculation of annual leave 9 Assessment November 2019 - October 2020 235 Oct-20 Occupational Safety and Health OSH Management Systems The factory does not have an appropriate epidemic/pandemic protocol related to COVID-19 in place. Review the COVID-19 protocol to include the missing points. Factory has participated in the review of the management guidelines for COVID 19 and has started implementing the recommendations. Oct-20 Occupational Safety and Health Worker Protection The factory does not keep a copy of the daily cleaning and disinfection record. Develop a checklist to record daily cleaning and disinfection. Keep record in appropriate location. The factory cleans and disinfect all machines, equipment, and tools at least once per day. Nov-19 Working Time Regular Hours The break time provided to workers is different from what is posted on the floor. Post the proper break time in all buildings. The human resources department has already posted the appropriate break time in all buildings. Nov-19 Occupational Safety and Health Working Environment Workplace lighting is below BW recommended limit in different section. Nov-19 Occupational Safety and Health Working Environment Temperature exceeds Better Work's recommended limit of 30 C in all sections. Nov-19 Occupational Safety and Health Worker Protection Electrical boxes were missing the hazard signs. Ensure the lighting is adequate The assistant manager of and adapted to worker's the maintenance needs. department is in charge of the maintenance of the light. Use a push and pull-type ventilation. Provide or relocate windows in higher position. Identify electrical installations Hazard signs have been requiring warning signs and posted on all electrical post corresponding signs. panels. Nov-19 Occupational Safety and Health Worker Protection Electrical installations are not properly maintained. Keep all electrical panels closed and properly maintained. Training has been provided to all electricians. A weekly check has been assigned. Nov-19 Occupational Safety and Health Worker Protection Dust masks are not provided to workers. Provide dust mask to all workers in the sewing line. Management has provided dust masks to all workers. Nov-19 Occupational Safety and Health Welfare Facilities Soap and toilet paper were not available in 3 buildings. Ensure that soap and toilet paper are always available to workers. Soap and paper are available. The OSH assistant is in charge of the verification. 236 Nov-19 Occupational Safety and Health Welfare Facilities Insufficient number of toilets. Increase the number of toilets. Nov-19 Occupational Safety and Health Health Services and First Aid Insufficient medical staff. Hire the required medical staff. Nov-19 Occupational Safety and Health Health Services and First Aid The annual checks provided to workers are not in line with the legal requirements. Provide annual health checks at not cost to workers. Nov-19 Occupational Safety and Health Health Services and First Aid Provide free health checks to workers within the first three months of employment. Nov-19 Occupational Safety and Health Emergency Preparedness The health checks are not provided to workers within the first three months of employment. Insufficient number of fire drills conducted during the year. Conduct at least one emergency drill every six months. The last fire Drill was conducted in November 2019. The Fire Drills are included in the OSH sustainability and training plan. Nov-19 Occupational Safety and Health Emergency Preparedness Exit routes and aisles are obstructed with boxes. Identify a space to store finished goods and materials. Keep aisles and routes unobstructed. A space has been identified and the Health and safety officer is responsible of the verification. Nov-19 Occupational Safety and Health Emergency Preparedness Obstructed fire extinguishers. Ensure that access to fire The boxes have been extinguishers remain arranged properly on the unobstructed in the workplace. floor. The Health and Safety officer is responsible to conduct the daily checks. Nov-19 Occupational Safety and Health Emergency Preparedness Obstructed and also nonfunctioning alarm system in the workplace. Have a fire detection and alarm system suitable for the factory conditions. The factory has a fire detection and alarm system. The Health and Safety officer is the one in charge of the verification. Nov-19 Occupational Safety and Health Chemicals and Hazardous Substances Several hazardous chemicals were found without chemical safety data sheets. Prepare and post MSDS where chemicals are used. The health and safety officer is in charge of receiving the MSDS. All chemicals hazardous used in the workplace have a MSDS. 237 Nov-19 Occupational Safety and Health Chemicals and Hazardous Substances Chemicals and hazardous substances were not properly labelled in different section of the factory. Label all chemical and hazardous substances used in the workplace. The Health and Security officer conducts the regular checks on chemical safety. Nov-19 Occupational Safety and Health Chemicals and Hazardous Substances Inaccurate inventory of chemicals used in the workplace. Assign a person responsible for updating the inventories of hazardous substances in the various locations where they are stored or used. The Health and safety officer is responsible to update the inventories and also responsible for the verification. Nov-19 Contracts and Human Resources Contracting Procedures Sunday payment is not included in the regular payroll. Include Sunday payment in the regular payroll. Sunday payment is included in the regular payroll. The working hours of the employees are recorded. Nov-19 Compensation Social Security and Other Benefits Collecting and forwarding of workers' contributions to OFATMA. Collect 3 percent of workers' base salary and forward to OFATMA for maternity and health insurance. Nov-19 Compensation Social Security and Other Benefits Late and inaccurate calculation of employer's contribution to OFATMA for maternity and health insurance. Submit OFATMA payment for health and maternity insurance on a monthly basis. Calculate the 3 percent on workers' base salary. Workers have been informed about the legal requirement. 3 percent of workers' basic salary are collected for maternity and health insurance. The issues was discussed with the general manager and workers are informed about the legal requirements. Nov-19 Compensation Social Security and Other Benefits The factory does not pay OFATMA for the CDS (Health Card) as the law requires. Pay OFATMA for the health card and keep records of the salary statement. Nov-19 Compensation Social Security and Other Benefits ONA's deduction collected and forwarded is not calculated on the workers' base salary. Submit ONA payments on time, within the first 10 working days of each month for the previous month. Then calculate this amount based on workers base salaries. Nov-19 Compensation Social Security and Other Benefits Late and inaccurate calculation of workers' contributions to ONA. Ensure that workers' contribution are collected and forwarded to ONA on time and calculate this amount based on workers' base salary. The issue was discussed with the General manager.  ONA deduction is now calculate on workers base salaries. 238 Nov-19 Compensation Paid Leave Payment of sick leave is not based on average daily salary. Include payment for work done on Sundays and payment for Special Prizes in the calculations of the average daily salary . Sunday payment and special prizes are included in the calculations of the average salary . 239 BETTER WORK HAITI – 25TH SYNTHESIS REPORT Factory: Location: Number of workers: Date of registration: Date of last two Better Work assessments: Premium Apparel Port-au-Prince 1,048 Sep-10 Nov-21 Notes: The factory was assessed in late November of 2022 and the report was completed in December of 2022. The improvement plan was not yet available at the time of this report. Nov-22 Advisory and Training Services 17-Nov-22 14-Nov-22 19-Aug-22 Training Virtual advisory meeting Virtual Bipartite committee meeting Virtual Introduction to Workers Rights & Responsibilities Meeting with Compliance Officer to update information about OFATMA and ONA payments, attendance sheet and OSH elements. Advisory meeting to talk about OSH elements to resolve:1)OSH Assessment2) Worker protection (Health check) 17-Jun-22 7-Jun-22 3-Jun-22 12-May-22 Training Training Training Virtual advisory meeting Virtual Negotiation Skills. Virtual Supervisory Skills (SST) Virtual Workers' Rights & Responsibilities. Meeting with the compliance team for the implementation of a bipartite committee. Review of the improvement plan and documentations such as breast feeding brakes, compensation and COVID-19 Policy. 28-Apr-22 28-Apr-22 11-Mar-22 10-Mar-22 10-Mar-22 Training Virtual advisory meeting Training Training Virtual advisory meeting Virtual OSH Event Workshop Meeting advisory to review and update the improvement plan, specially the compliance on social security benefits. Virtual Sexual Harassment Awareness and Prevention for Supervisors Virtual Sexual Harassment Awareness and Prevention for Workers First advisory to discuss about the roadmap and the improvement plan. Meeting was interrupted and has been plan for the next week. 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 exceed the legal limit. Revise the internal regulations and make sure that the regular hours do not exceed 48 hours per week. 14 240 Nov-21 Occupational Safety and Health Emergency Preparedness Assessors observed obstructed aisles in the factory floor. Provide additional training for supervisors and workers. Provide additional space for storing goods. Nov-21 Occupational Safety and Health Emergency Preparedness The escape routes are not clearly marked in all the building. Paint evacuation arrows and yellow lines on the floor to show the exit pathway. Conduct regular comprehensive OSH assessment and identify whether the markings are faded. 14 Nov-21 Occupational Safety and Health Emergency Preparedness Obstructed fire extinguishers Set up of additional workshop for workers. Remind supervisors about their responsibility to enforce OSH in their area. 14 Nov-21 Occupational Safety and Health Health Services and First Aid Insufficient medical staff. Hire additional medical staff to have at least 4 nurses for the current workforce. 133 Nov-21 occupational Safety and Health Health Services and First Aid Management did not share evidence that annual medical checks were provided to workers. Pay the health cards and ensure workers received their health cards and annual health check. 133 Nov-21 Occupational Safety and Health Health Services and First Aid Develop an health check plan Management did not share for workers who are exposed to evidence that medical checks were provided to workers exposed work-related hazards. to work related hazards. 14 Nov-21 Occupational Safety and Health Health Services and First Aid Management did not share evidence that medical checks were provided to workers in their first three months of hiring. Pay the health cards. Develop an health check plan for workers in their first three months of hiring. 14 Nov-21 Occupational Safety and Health Welfare Facilities The eating area was not well maintained and also serves as fabric storage area. Develop a cleaning plan to ensure that the eating area is properly maintained and can accommodate the workforce. 14 Nov-21 Occupational Safety and Health Welfare Facilities Insufficient number of toilets for men and women. Increase the number of toilet to have at least one toilet for every 25 men and one toilet for every 15 women. 66 Additional training for supervisors and worker has been done. Daily weekly checks has been done. 14 241 14 Nov-21 Occupational Safety and Health Working Environment Lux level is insufficient in all sections. Increase the light level to reach 300 lux in Pressing section, 500 lux in Sewing, cutting, packing. 750 lux in trimming, Inspection section. Nov-21 Occupational Safety and Health Worker Protection The factory does not keep a registry for all persons who present a temperature of 38C and above. Check all workers and visitors temperature at the entrance keep a registry for people presenting a temperature of 38 C and above. Nov-21 Occupational Safety and Health Worker Protection The social distance is not respected on the floor during working hours as well during entry and leaving. Review and update the COVID19 procedure. Ensure the social distance is respected during working hours. Nov-21 Occupational Safety and Health Worker Protection The batteries terminals in the generator were not covered. Add this aspect in the daily and weekly checks. Nov-21 Occupational Safety and Health Worker Protection Several sewing machines were observed without eye guards and pulley guards. Review and update the internal audit procedure. Develop a maintenance plan for the sewing machines. Nov-21 Occupational Safety and Health Worker Protection It was observed that chairs in the Provide chairs with backrest to sewing areas are missing backrest. workers. Nov-21 Occupational Safety and Health Worker Protection 60 percent of workers do not use their mask to prevent the risks of exposure to COVID-19. Ensure that all workers in the workplace use their mask to prevent the risks of exposure to COVID-19. 14 Nov-21 Occupational Safety and Health Chemicals and Hazardous Substances The chemical inventory was not accurate and did not include the name of all chemicals used in the workplace. Develop a chemical management procedure and update the inventory accordingly. 14 Nov-21 Contracts and Human Resources Employment Contracts The factory's internal work rules is not posted in the workplace. Display the internal work rules in the workplace. The factory kept a registry for people presenting a temperature of 38 C and above. 14 14 The batteries terminals in the generator has been properly insulated and this aspect is included in the daily checklist. 14 14 Factory has provided chairs with backrest to workers. The internal rules has been posted in the workplace. 14 14 242 Nov-21 Compensation Social Security and Other Benefits Worker's contribution to OFATMA is calculated on the minimum salary, and the calculation does not include the lunch break payment. Include the lunch break in worker's contribution to OFATMA. Ensure payment are done within the first 10 business days of the next month for the previous month. The factory is paying their debt based on an agreement with OFATMA. The factory has forwarded Worker's contribution to OFATMA from June 2021 to November 2021 except for the month of October 2021. 75 Nov-21 Compensation Social Security and Other Benefits The employer contribution to OFATMA is calculated on the minimum salary. The factory made two payments in September 2021, representing 25.50% of the debt at the time of the assessment visit. Include the lunch break in the employer contribution to OFATMA. Ensure payment are done within the first 10 business days of the next month for the previous month. The factory is paying their debt based on an agreement with OFATMA. The factory has made regular payments from June 2021 to November 2021 except for the month of October 2021. 75 Nov-21 Compensation Social Security and Other Benefits The factory failed to provide the notice of payment they received from OFATMA for the fiscal year 2020/2021. The employer salary statement sent to OFATMA was less than the total amount effectively paid. Keep record of the invoice sent by OFATMA. Share the right statement of the salary statement. Pay OFATMA work related accident on time. 75 Nov-21 Compensation Social Security and Other Benefits The employer collects but do not forwards 6 percent of workers' contribution to ONA on time. Pay the lunch break. Collect and Forward worker's contribution to ONA within the first 10 business days of the next month for the previous month. 75 Nov-21 Compensation Social Security and Other Benefits The employer contribution to ONA is calculated on the minimum salary, and the calculation does not include the lunch break payment. Pay the lunch break and Forward employer contribution to ONA within the first 10 business days of the next month for the previous month. 75 Nov-21 Compensation Paid Leave The factory did not pay annual leave, Sick leave and maternity leave correctly because the payment of the lunch break is not included in the calculation. Pay the lunch break. Include the payment in the calculation of the average daily salary for sick leave and annual leave. 14 Nov-21 Compensation Paid Leave The lunch break is not compensated in the payroll. Pay the lunch break. 14 243 Nov-21 Compensation Paid Leave Maternity leave payments are based on an average earnings which does not include the lunch break payment. Include the payment in the calculation of the average daily salary. 14 Nov-21 Compensation Paid Leave The calculation for sick leave payments does not include the lunch break payment. Pay the lunch break. Include the payment in the calculation of the average daily salary. 14 ` Compensation Paid Leave The calculation for the annual leave payment does not include the lunch break payment. Pay the lunch break. Include the payment in the calculation of the average daily salary. 14 Oct-20 Occupational Safety and Health OSH Management Systems The factory does not have an appropriate epidemic/pandemic protocol related to COVID-19 in place. Develop a protocol that include a COVID-19 task force, hygiene procedures, entry and exit procedures and reporting Procedures. Factory has participated in the review of the management guidelines for COVID 19 and has started implementing the recommendations. Oct-20 Occupational Safety and Health Worker Protection The factory did not provide a copy of the daily cleaning and disinfection record. Implement a checklist to record daily cleaning and disinfection. Keep record in appropriate location. The factory kept records of the weekly cleaning and disinfection. Jul-20 Freedom of Association and Interference and Collective Bargaining Discrimination Termination or non-renewal of worker's employment contracts due to union membership or activities. Reinstate 41 terminated workers. The factory was able to reach an agreement with the union members and the 47 dismissed workers receive their legal benefits. Aug-19 Working Time Overtime Workers have no flexibility to leave the facility during the mandatory overtime hour. Review and modify the internal work rules. Aug-19 Occupational Safety and Health Welfare Facilities The production floor is not clean. Implement an housekeeping program that identifies and assigns responsibilities. Aug-19 Occupational Safety and Health Working Environment Workplace temperature exceed BW recommended limit of 30 C in all section. Use electrical exhaust fans or cooling system. Make sure that all fans are well-maintained and regularly cleaned. Assessment October 2020/August 2019 The internal rules has been modified and approved by MAST. 244 Aug-19 Occupational Safety and Health Worker Protection Electrical panels are not properly maintained. Maintain electrical panels properly. Electrical maintenance has been improved; the maintenance manager is in charge of the daily and weekly checks. Aug-19 Occupational Safety and Health Worker Protection Management did not provide proper masks to workers using chemicals and hazardous substances. Provide employees with all necessary personal protective clothing and equipment according to PPE regulation. Workers have been trained on chemical handling. Protective equipment has been distributed to workers. Aug-19 Occupational Safety and Health Welfare Facilities Insufficient number of toilets. Increase the number of toilets. Aug-19 Occupational Safety and Health OSH Management Systems Management did not provide construction/building permits . Conduct a building safety inspection ensuring the security of the building. Aug-19 Occupational Safety and Health OSH Management Systems The OSH committee does not conduct meetings on a monthly basis as stated in the OSH policy . Schedule monthly meetings and keep meeting minutes. Make sure that workers' representatives have at least equal representation as the management. The meeting took place every month and the minutes are kept. Management shared a list for the OSH committee that include 13 workers and 11 management representatives. Aug-19 Occupational Safety and Health Health Services and First Aid Access to first aid box was obstructed by boxes. Mark on the floor areas that should not be obstructed and specify who conduct daily weekly checks. In the new layout the factory provide additional space for boxes storage. Aug-19 Occupational Safety and Health Health Services and First Aid Less than 10 percent of the workforce including men and women were trained in first aid. Train at least 10 percent of the workforce in first aid. The factory has a system in place to monitor the number of trained workers. Aug-19 Occupational Safety and Health Health Services and First Aid Insufficient medical staff. Increase the number of nurse. Aug-19 Occupational Safety and Health Health Services and First Aid Annual medical checks not complete and consistent. Aug-19 Occupational Safety and Health Emergency Preparedness Insufficient number of fire drills per year. Provide free annual medical checks to all workers once a year as mentioned in the labour code. The drills are included in the Conduct at least 2 emergency drill per calendar year, one every annual plan and records are kept. 2 fire drills has been 6 months. conducted by the factory. 245 Aug-19 Occupational Safety and Health Chemicals and Hazardous Substances Eye wash station was not available in the spot cleaning area. Provide eye wash bottles and specify who will conduct regular checks. The eyewash station has been installed. The compliance officer has the responsibility to conduct the daily and weekly checks. Aug-19 Occupational Safety and Health Chemicals and Hazardous Substances The employer does not have chemical safety data sheets for all the hazardous chemicals used in the workplace. Keep MSDS for all hazardous chemicals used in the workplace. All MSDS are displayed and readable by users. Aug-19 Compensation Social Security and Other Benefits Inaccurate calculation of worker's contribution to OFATMA. Aug-19 Compensation Social Security and Other Benefits Employer's contribution to OFATMA's does not include holiday and weekly rest day payment. Ensure that 3 percent of workers' base salary are collected and forward to OFATMA for maternity and health insurance Submit OFATMA payment for health and maternity insurance on a monthly basis. Calculate the 3 percent based on workers base salary. Aug-19 Compensation Social Security and Other Benefits Employer's contribution to OFATMA for work related accident is late. Ensure that payment is made in a timely manner. Aug-19 Compensation Social Security and Other Benefits Worker's deduction for ONA is inaccurate. Submit ONA payments on time, then calculate this amount based on workers base salaries. Aug-19 Compensation Social Security and Other Benefits Employer's deduction for ONA in inaccurate. Ensure that workers' contribution are collected and forwarded to ONA on time and calculate this amount based on workers' base salary. 246 BETTER WORK HAITI – 25TH SYNTHESIS REPORT Factory: S&H Global 1-6 Location: Arrondissement du Trou du Nord Number of workers: 7,132 Date of registration: Jul-12 Date of last two Better Work Mar-21 May-22 assessments: Notes Factory was closed from September 18 to November 11. The closure was due to civil unrest at first and electricity shortage totally prevent the factor from operating. Advisory and Training Services 28-Nov-22 Virtual advisory meeting Virtual meeting to review of the IP point by point to advise on status and follow up steps. Planning of training to be provided before the end of the year. 16-Sep-22 Virtual advisory meeting Virtual meeting to review of the improvement Plan. Discussion was on Forced Labour NC issues and review of the new foreign workers contracts. Discussion was also about the civil unrest that impacted attendance the factory. Discussion withe union members also on security situation that affects negatively the workers. 1-Sep-22 Virtual 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. 25-Aug-22 Training Respectful Workplace Program for Workers 25-Aug-22 Training Respectful Workplace Program for Supervisors & Middle Management 21-Jul-22 Virtual advisory meeting Discussion on the improvement and Pr2. Factory to send PR1 and update the improvement plan. Discussion were also on Forced labour NC. Factory to do the required follow up. 13-Jun-22 Virtual advisory meeting Discussion on general updates. Factory informed about upcoming mass dismissal due to global recession. Discussion were also on recent union complaints received. EA shared information about training that need to be included in the improvement plan. 28-Apr-22 Training Virtual OSH Event Workshop. 14-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. 11-Mar-22 Training Virtual Sexual Harassment Awareness and Prevention for Supervisors. 10-Mar-22 Training Virtual Sexual Harassment Awareness and Prevention for Workers. ASSESSMENT COMPLIANCE CLUSTER COMPLIANCE POINT DETAILS OF NON COMPLIANCE IMPROVEMENT PRIORITIES REMEDIATION EFFORTS MONTHS Assessment May 2022 May-22 Forced Labour Coercion Remove the prohibition for Foreign workers are prohibited from leaving the industrial park after working foreign workers to leave the industrial park on their free time. time Foreign workers can leave the park after the working hours. 7 247 May-22 Forced Labour Coercion The foreign workers did not receive a copy of the contract prior to their arrival in Haiti. Contract term do not adhere to legal requirements. Share a written contract with the foreigners workers before they travel in Haiti to fulfil their contract. Remove the clause that states the foreign 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 that foreign workers were paid properly for overtime hours worked. Indicate in the payroll the overtime payment. 7 May-22 Compensation Paid Leave The annual leave payment does not include the lunch break payment. Include the lunch break in the calculation of the annual leave. 19 May-22 Compensation Paid Leave Inaccurate payment of sick leave. 19 May-22 Compensation Paid Leave The maternity leave payment does not include the lunch break payment. The sick leave is paid on a prorated basis, depending on their term of service while the labor code stated that workers employed for more than one year are entitled to full pay. Pay full sick leave payment after one year of service Include the lunch break in the calculation of monthly salary. May-22 Compensation Paid Leave Lunch break is not compensated in the payroll. Pay the lunch break. 19 May-22 Compensation Social Security and Other Benefits The annual salary supplement or bonus does not include the lunch break payment. Include the lunch break in the calculation of the annual leave. 19 May-22 Compensation Social Security and Other Benefits The workers' and employers' contribution to ONA are inaccurate because the calculation does not include the lunch break payment. Include the lunch break payment in the worker's monthly earnings. 19 May-22 Compensation Social Security and Other Benefits Include the lunch break payment The workers' and employers' contribution to OFATMA are inaccurate in the worker's monthly earnings. because the calculation does not include the lunch break payment. 19 Factory has updated the contract of the foreign workers and submitted it to headquarters for approval. 7 19 248 May-22 Contract and Human Resources Employment Contracts Contract for foreign workers do not specify the working hours and provides less than 15 days annual leave. Specify working conditions in the contracts. Factory updated the foreign contract to provide the 15 days of annual leave. May-22 Occupational Safety and Health OSH Management Systems The factory did not submit accident report on a monthly basis to OFATMA. Submit the accident reports on a monthly basis to OFATMA. Factor will be submitting the reports on a monthly basis even when there is no incident. May-22 Occupational Safety and Health Chemicals and Hazardous Substances Several chemical product containers that Label all chemicals stored and used Management corrected the issues during were not properly labelled. in the workplace. the assessment visit. May-22 Occupational Safety and Health Chemicals and Hazardous Substances Chemical safety data sheets were missing. for several chemicals and hazardous products. Have all chemical data sheets for chemical used and stored in the workplace. May-22 Occupational Safety and Health Chemicals and Hazardous Substances Vacuum machines in the spot cleaning do not functioning properly. No eyewash station installed where chemical products are used. Vacuum machine is fixed. Eyewash are Repair or replace the vacuum machines. Install eyewash facilities installed in the mixing rooms. were chemicals are used and stored. 81 May-22 Occupational Safety and Health Worker Protection The employer has not been provided proper PPE to all workers. Provide proper personal protective equipment to workers in the workplace. Management provided the protective equipment during the assessment visit. 75 May-22 Occupational Safety and Health Worker Protection Improper maintenance of electrical wiring. Secure all possible sources of hazard. Managed corrected the issue during the assessment visit. 35 May-22 Occupational Safety and Health Worker Protection Electrical boxes in module 2 was missing the hazard sign. Post the hazard sign where necessary. Managed corrected the issue during the assessment visit. 1 May-22 Occupational Safety and Health Working Environment The temperature levels exceeded the recommended 30 C in packing, section and quality sections. Maintain the temperature level to 30 C and below in all sections. Cooling system is fixed and monitoring put in place. 7 May-22 Occupational Safety and Health Working Environment Noise levels are unacceptable in the packing, sewing and inspection sections. Maintain the noise level up to 90 db. Management trained the compliance and issued note to keep the 81 May-22 Occupational Safety and Health Welfare Facilities Workers complained about the location of drinking water stations which are very close to the toilets. Identify other location to install the drinking water stations. 19 May-22 Occupational Safety and Health Health Services and First Aid Insufficient number of nurses. Hire seven more nurses. 7 Management corrected the issue and placed MSDS for all these products, in the location where they are being used. 7 17 41 7 249 May-22 Occupational Safety and Health Health Services and First Aid Obstructed first aid boxes. First aids missing inventory checklist. Post the inventory list of supplies on the first aid box. Ensure that it is accessible. All these issues were corrected during the assessment visit. May-22 Occupational Safety and Health Emergency Preparedness Alarm systems not working properly. Smoke detector missing in the stockroom area. Regularly maintain the fire fighting equipment. All these issues were corrected during the assessment visit. May-22 Occupational Safety and Health Emergency Preparedness Obstructed and improper maintenance of fire extinguishers. Regularly maintain the fire fighting equipment. All these issues were corrected during the assessment visit. 13 May-22 Occupational Safety and Health Emergency Preparedness Inaccurate evacuation plans. Evacuation routes not properly identified on the factory floor. Paint the floor of module 2 and 4. Update the evacuation plan to add the meeting point. Floor was repaint and the evacuation plan is updated. 54 May-22 Working Time Regular Hours The employer did not post the factory's working hours in module 9. Post the working hours in module 9. Management posted the working hours in Module 9. May-22 Working Time Overtime Contracts for foreign workers do not specify the amount of overtime required. Include the effective time of overtime performed in the payroll. Factory has updated the contract of the foreign workers and submitted it to headquarters for approval. 7 May-22 Working Time Leave Contract for foreign workers states that they are entitled to less than fifteen days of annual leave. Provide 15 days of annual leave to foreign workers. Factory has updated the contract for the foreign and submitted it to headquarters for approval. 7 May-22 Occupational Safety and Health OSH Management Systems OSH committee has organized two meeting for the past 12 months. Maintain meeting for the OSH committee on a monthly basis. Factory held a meeting in November 2022. 7 May-22 Occupational Safety and Health OSH Management Systems Management has not posted names of OSH committee members. Post names of the OSH committee members. Name of OSH committee members are now posted where all workers can see. 7 May-22 Occupational Safety and Health OSH Management Systems Emergency preparedness procedure that does not include all the necessary elements. Procedure is updated and include the missing criteria. 7 May-22 Occupational Safety and Health Chemicals and Hazardous Substances The chemical inventory was not accurate and did not include the name of all chemicals used in the workplace. The following steps are missing: - Evacuating employees to a designated assembly location, and - Accounting for all employees after an evacuation. Include missing element in the emergency preparedness procedures. Keep an inventory for all the chemicals used and stored in the workplace. Management updated the inventory to include the name of all chemicals used. 7 Assessment March 2021 51 250 Mar-21 Compensation Paid Leave Daily break payment is not included in the annual leave calculation. Compensate the lunch break. Company is still in consultation 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 compensated. Compensate the lunch break. Company is still in consultation 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 break payment. Compensate the lunch break. Company is still in consultation with MAST and ADIH so that we can have clear advice from them to plan and to make the appropriate decisions. Mar-21 Compensation Paid Leave All the paid leaves are wrongly compensated as they don't included the lunch break payment. Compensate the lunch break. Company is still in consultation with MAST and ADIH so that we can have clear advice from them to plan and to make the appropriate decisions. Mar-21 Compensation Social Security and Other Benefits Employer's deduction to OFATMA for maternity and health insurance is wrongly calculated as it does not include the lunch break payment. Compensate the lunch break. Company is still in consultation with MAST and ADIH so that we can have clear advice from them to plan and to make the appropriate decisions. Mar-21 Compensation Social Security and Other Benefits Worker's deduction to OFATMA for maternity and health insurance is wrongly calculated as it does not include the lunch break payment. Compensate the lunch break. Company is still in consultation with MAST and ADIH so that we can have clear advice from them to plan and to make the appropriate decisions. Mar-21 Compensation Social Security and Other Benefits Employer's deduction to ONA is wrongly calculated as it does not include the lunch break payment. Compensate lunch break. Company is still in consultation with MAST and ADIH so that we can have clear advice from them to plan and to make the appropriate decisions. Mar-21 Compensation Social Security and Other Benefits Worker's deduction to ONA is wrongly calculated as it does not include the lunch break payment. Compensate the lunch break. Company is still in consultation with MAST and ADIH so that we can have clear advice from them to plan and to make the appropriate decisions. Mar-21 Contract and Human Resources Termination Annual leave upon termination is wrongly compensated as it does not include the lunch break payment. Compensate the lunch break. Company is still in consultation with MAST and ADIH so that we can have clear advice from them to plan and to make the appropriate decisions. 251 Mar-21 Contract and Human Resources Termination Notice payment is wrongly compensated as it does not include the lunch break payment. Compensate the lunch break. Company is still in consultation with MAST and ADIH so that we can have clear advice from them to plan and to make the appropriate decisions. Mar-21 Occupational Safety and Health Chemicals and Hazardous Substances The inventory does not include all the location even tough chemicals were stored in different places. Update the chemical inventory on a regular basis. This problem has been solved, the compliance department via the factory compliance officers will review the inventory weekly to avoid this problem Mar-21 Occupational Safety and Health Chemicals and Hazardous Substances Several unidentified containers of oil, thinner and diesel. Ensure that all chemical used in the workplace are properly labelled. All chemicals have been well identified, the compliance team gave a training. COs will perform COs will do periodic inspections to avoid this issue. Mar-21 Occupational Safety and Health Chemicals and Hazardous Substances Several containers of solvent KO-30 exposed to the sun in one building. Ensure that chemical are stored in appropriate places. Mar-21 Occupational Safety and Health Chemicals and Hazardous Substances Several chemicals found without MSDS Ensure that all chemical have in places where they are used. MSDS available where chemical are used or stored. All chemicals have been moved from inappropriate areas to their respective places. Compliance team performed training for all workers who are using chemicals. Cos will keep monitoring the factories to avoid this issue MSDS is available for all chemicals used within the Factory. The mechanical workshop secretary will check the entry of each new chemical and request the appropriate MSDS. Training has been conducted for all workers who use chemicals. Compliance Officers will be more focused during weekly inspections. Mar-21 Occupational Safety and Health Chemicals and Hazardous Substances Missing eye wash stations in cutting and packing sections. Install an eye wash station near the cutting section and packing section of building 3. Problem is resolved; the compliance officer reviewed and 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 Health Worker Protection Appropriate mask were not provided to workers using chemical products. Provide appropriate masks to workers using chemical products. The issue is solved. Compliance Officer trained workers on the importance of safety belt while working in unloading area; now workers use it correctly. Next purchase will be make in advance 252 Mar-21 Occupational Safety and Health Worker Protection Absorbing mats were missing for several standing workers. Provide shop absorbing mats to all standing workers. The problem has been solved. All the workers have their standing mats. The compliance officer had a meeting with workers to explain to them the necessity of using standing mats. inspection will be carried out to avoid this issue. Mar-21 Occupational Safety and Health Worker Protection Lack of maintenance of electrical equipment. Improper isolation of electrical of electrical wires in mechanic workshop. Ensure that electrical equipment are properly maintained. The electricians have evaluated and fixed the issue so that these will not happen again. Maintenance department agreed to always notify compliance team before they have to do these types of work. Mar-21 Occupational Safety and Health Worker Protection Adaption to COVID-19 and workers are reluctant to comply to protective measure after 1 year of this pandemic. Ensure to maintain a social distance of 1.5M. Since the company starts working after the COVID-19, the company has taken all the necessary measures to respect the social distance of 1,5m. Worker's station has been distanced in all the areas, including Folding, Inspection and press. Mar-21 Occupational Safety and Health Working Environment Noise level exceeded 90 dB in several sections. Ensure that the noise level is under 90 dB in all sections. Mar-21 Occupational Safety and Health Working Environment Lux level inappropriate in several sections. Ensure that lux level is appropriate in all section. The problem has been fixed. The 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 selfevaluation Mar-21 Occupational Safety and Health Welfare Facilities Workers complained about the location of drinking water stations next to the toilets. Install the drinking water stations in a more appropriate area. Some of the water installations were relocated from away from the bathrooms, to other locations and company has made a wall to separate the ones that could not be relocated. Cleaning is done more often in bathrooms to avoid the repetition of this issue. Mar-21 Occupational Safety and Health Health Services and First Aid One first aid box missing items such as alcohol and gauze. Ensure that the first aid boxes are equipped with necessary supplies. Mar-21 Occupational Safety and Health Emergency Preparedness One fire extinguisher was obstructed in the indoor warehouse. Ensure that fire extinguishers remained unobstructed. This problem was solved, the first aid boxes has been completed, with all the necessaries medications. Weekly inspection will be carried out to avoid this issue All fire extinguishers are available and free of any obstruction. The check list of the fire extinguishers will be reviewed more frequently to avoid this problem. 253 Mar-21 Occupational Safety and Health Emergency Preparedness Evacuation map is not updated. Update the evacuation plan and insert the assembly point on the evacuation map. This issue as been fixed, all the meeting point has the location of the evacuation maps. for fty#3, the map as been updated and ported in the module. Mar-21 Occupational Safety and Health Emergency Preparedness Evacuation routes obstructed with boxes. Ensure that escape route remained unobstructed during the working hours. Mar-21 Occupational Safety and Health Emergency Preparedness Electrical cabinets mounted on wooden box. Replace the wooden box by a more suitable material. This problem has been corrected, All evacuation routes are free of all kinds of obstacles. The Compliance department will carry out inspections more often during the work day to ensure that the routes are always free. Audio reminder are shared with the workers on a regular basis. The electrical installations have 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. 254 P Factory: Location: Number of workers: Date of registration: Date of last two Better Work assessments: S&H Global Washing 7 Arrondissement du Trou du Nord 1,214 Sep-18 Mar-21 May-22 Notes: Factory was closed from September 18 to November 11. The closure was due to civil unrest at first and electricity shortage totally prevent the factor from operating. Advisory and Training Services 29-Nov-22 15-Sep-22 Virtual advisory meeting Virtual Bipartite committee meeting Review of the IP point by point to advise on status and follow up steps and finalize PR1.Planning of training to be provided before the end of the year. Review of the improvement Plan. Discussion was on Forced Labour NC issues and review of the new foreign workers contracts. Discussion was also about the civil unrest that impacted attendance the factory. Discussion withe Union members also on security situation that affects negatively the workers. Respectful Workplace Program for Workers. Respectful Workplace Program for Supervisors & Middle Management Discussion on the improvement and PR2. Factory to send PR1 and update the improvement plan. Discussion were also on Forced labour NC. Factory to do the required follow up and send the evidence. 25-Aug-22 25-Aug-22 22-Jul-22 Training Training Virtual advisory meeting 13-Jun-22 Virtual advisory meeting Discussion on general updates. Factory informed about upcoming mass dismissal due to global recession. Discussion were also on recent union complaints received, EA shared information about training that need to be included in the improvement plan. 28-Apr-22 11-Mar-22 10-Mar-22 30-Nov-21 Training Training Training Virtual advisory meeting Virtual OSH Event Workshop. Virtual Sexual Harassment Awareness and Prevention for Supervisors. Virtual Sexual Harassment Awareness and Prevention for Workers. 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. ASSESSMENT COMPLIANCE CLUSTER COMPLIANCE POINT DETAILS OF NON COMPLIANCE IMPROVEMENT PRIORITIES REMEDIATION EFFORTS May-22 Occupational Safety and Health Working Environment Assessment May 2022 Temperature levels exceeded the recommended 30 C in pressing, sewing and inspection sections. Maintain the temperature level to 30 C and below in all sections. Planning for air Cooling system regular maintenance and service each 3 months. 7 May-22 Occupational Safety and Health OSH Management Systems Update the OSH policy in consultation with workers representatives and include objectives and improvements targets. OSH policy is updated in consultation with workers representatives. 7 The written OSH policy does not include all the necessary elements. MONTHS 255 Include the following missing elements in the emergency preparedness procedures: Evacuating employees to a designated assembly location, and accounting for all employees Post names of the OSH committee members. Emergency preparedness in updated with the missing criteria. 7 List of OSH committee members is updated. 7 The OSH committee is not effectively functioning. Organize meeting for the OSH committee on a monthly basis and keep minutes of meetings. Meeting held on November 2022. 7 Leave Contract for foreign workers states that they are entitled to less than fifteen days of annual leave. Provide 15 days of annual leave to foreign workers. Factory has updated the contract for the foreign and submitted it to headquarters for approval. 7 Working Time Overtime Foreign workers Contract do not specify the amount of overtime required. Include the effective time of overtime performed in the payroll. Factory has updated the contract for the foreign and submitted it to headquarters for approval. 7 May-22 Working Time Regular Hours Factory's working hours for all shifts, including break time is not posted in all buildings. Post the working hours in building 7. Management fixed the issue during the assessment visit. 1 May-22 Occupational Safety and Health Emergency Preparedness Locked emergency exits during working hours and several obstructed aisles observed. Keep evacuation route unobstructed. Ensure the exits remain accessible during the working hours Management unlocked the exits during the assessment visit. 1 May-22 Occupational Safety and Health Emergency Preparedness Inaccurate evacuation maps. Update the evacuation map to reflect the floor layout. Ensure that the meeting point is accessible. Management fixed the issue during the assessment visit. 14 May-22 Occupational Safety and Health Emergency Preparedness Obstructed and missing fire extinguisher. Management fixed the issue during the assessment visit. 14 May-22 Occupational Safety and Health Health Services and First Aid Insufficient medical staff. Ensure that fire extinguisher remained accessible during the working hours Hire two additional nurses. May-22 Occupational Safety and Health Welfare Facilities The factory did not provide any facility for workers to change their clothes after work. Provide appropriate space where workers can change their clothes after work. The area was cleaned and is available for workers to change their clothes after work. May-22 Occupational Safety and Health OSH Management Systems The factory has an emergency preparedness procedure that does not include all the necessary elements. May-22 Occupational Safety and Health OSH Management Systems Management has not posted names of OSH committee members on the factory floor. May-22 Occupational Safety and Health OSH Management Systems May-22 Working Time May-22 14 7 256 May-22 Occupational Safety and Health Working Environment Slippery floor due to water spillage. No warning signs posted in the area. Post warning sign in the area and Management removed workers take appropriate measures to fix from the area until the problem get solved. the pipe. 7 May-22 Occupational Safety and Health Working Environment Noise level exceeded 90 dB in several sections. Ensure that the noise level is under 90 dB in all sections. Monitoring system put in place. 7 May-22 Occupational Safety and Health Worker Protection No safety belts were provided to workers in the packing and warehouse area for lifting heavy loads. Provide safety belt to workers. Safety belts are available for the workers. 7 May-22 Occupational Safety and Health Worker Protection Improper maintenance of electrical boxes. Ensure that electrical equipment are properly maintained. Management fixed the issue during the assessment visit. 7 May-22 Occupational Safety and Health Worker Protection The employer has not provided proper PPE to all workers. Provide appropriate protective equipment to workers. Management corrected these issues during the assessment visit. 7 May-22 Occupational Safety and Health Chemicals and Hazardous Substances The spot cleaning area does not have the proper conditions to prevent unnecessary exposure of workers to chemicals. Ensure the spot cleaning have proper condition to prevent unnecessary exposure of workers to chemicals. Management fixed the issue during the assessment visit. 7 May-22 Occupational Safety and Health Chemicals and Hazardous Substances Several hazardous chemicals were found without chemical safety data sheets. Ensure that the chemical data sheets are available for all the chemicals used in the workplace. Chemical data sheets are available for all chemicals used in the workplace. 41 May-22 Occupational Safety and Health Chemicals and Hazardous Substances Chemicals and hazardous substances were not properly labelled in the workplace. Label all hazardous and chemicals substances used in the workplace. Management ensured that the chemicals are adequately labelled. 41 May-22 Occupational Safety and Health Chemicals and Hazardous Substances The chemical inventory was not accurate. Keep the inventory updated and include all the chemicals used. Inventory is update and includes all the chemicals used in the workplace. 30 May-22 Occupational Safety and Health OSH Management Systems The factory did not submit work related accident report to OFATMA on a monthly basis. Submit the accident reports on a monthly basis to OFATMA. In charge are informed to send the report even when no incident is reported. 7 May-22 Contracts and Human Resources Employment Contracts Contract for foreign workers do not specify the working hours and provides less than 15 days annual leave. Specify working conditions in the contracts. Factory has updated the foreign workers' contract and submitted it to headquarters for approval. 7 257 May-22 Compensation Social Security and Other Benefits The workers' and employers' contribution to OFATMA are inaccurate because the calculation does not include the lunch break payment. Include the lunch break payment in the worker's monthly earnings. 20 May-22 Compensation Social Security and Other Benefits Include the lunch break payment in the worker's monthly earnings. 20 May-22 Compensation Paid Leave The workers' and employers' contribution to ONA are inaccurate because the calculation does not include the lunch break payment. The maternity leave and sick leave payment register and payroll records do not include the lunch break payment. Include the lunch break payment in the worker's monthly earnings. 20 May-22 Compensation Social Security and Other Benefits The annual salary supplement or bonus does not include the lunch break payment. Include the lunch break in the calculation of the annual leave. 20 May-22 Compensation Paid Leave Annual leave, sick leave and maternity leave payments are not. Include the lunch break payment in the calculation of the annual, sick and maternity leaves. 20 May-22 Compensation Paid Leave Lunch break is not compensated in the payroll. Pay the lunch break. 20 May-22 Compensation Paid Leave The sick leave is paid on a prorated basis, depending on the term of service. Pay full sick leave payment after one year of service. 7 May-22 Compensation Paid Leave The annual leave payment does not include the lunch break payment. Include the lunch break payment in the calculation of the annual leave. 24 May-22 Compensation Overtime Wages Employer did not show evidence that foreign workers were paid properly for overtime hours worked. Indicate in the payroll the overtime payment. Factory has updated the contract of the foreign workers and submitted it to headquarters for approval. 7 May-22 Forced Labour Coercion The foreign workers did not receive a copy of the contract prior to their arrival in Haiti. Share a written contract with the foreigners workers when before they travel in Haiti to fulfil their contract. Remove the clause that states the foreign workers must reimburse the ticket upon arrival and the return is at their own charge if they failed to complete Factory has updated the contract of the foreign workers and submitted it to headquarters for approval. 7 258 May-22 Forced Labour Coercion Foreign workers are prohibited from leaving the park even on weekends and holidays. Remove the prohibition for foreign workers to leave the industrial park on their free time. Foreign workers can leave the park after the working hours. Assessment March 2021 Mar-21 Occupational Safety and Health OSH Management Systems The factory does not have an appropriate epidemic/pandemic protocol related to COVID-19 in place. Update the protocol and include a COVID-19 task force. The company reviewed and updated the COVID-19 policy. Mar-21 Occupational Safety and Health Emergency Preparedness The evacuation map is not accurate. Update the evacuation map o reflect the floor layout. New evacuation maps have been printed and displayed. Mar-21 Occupational Safety and Health Emergency Preparedness Several fire extinguishers were missing in various sections of the workplace. Provide adequate firefighting equipment.  Make sure that the equipment is in place and functioning. All fire extinguishers have been installed. Mar-21 Occupational Safety and Health Emergency Preparedness A smoke detector was not installed in a stock room where flammable material such as cardboard boxes were stored. Install smoke detectors where flammable material are stored. The smoke detectors have been installed in all storage areas. Mar-21 Occupational Safety and Health Health Services and First Aid Insufficient medical staff. Hire additional medical staffs. The factory has hired 3 additional Nurses . Mar-21 Occupational Safety and Health Welfare Facilities The water test is not conducted on a monthly basis. Keep records of monthly water test results. The water test is conducted on a monthly basis. Mar-21 Occupational Safety and Health Welfare Facilities Soap and paper is not available in the toilets at all time, during the work day. Ensure that soap and paper are always available in the toilet. Define who will monitor their use and availability. The company has appointed someone to monitor the use of toilet paper and soap. Posters are displayed to educate workers. Mar-21 Occupational Safety and Health Chemicals and Hazardous Substances The employer did not keep chemical safety data sheets for all hazardous chemicals used in the workplace. Prepare and post MSDS where chemicals are used. The MSDS have been translated and posted. 7 259 Mar-21 Occupational Safety and Health Chemicals and Hazardous Substances Chemicals and hazardous substances were not properly labelled in the workplace. Ensure that all hazardous and chemicals substances used in the workplace are properly labelled. The factory has developed a procedure for chemicals management and All chemicals are properly labelled. Mar-21 Occupational Safety and Health Chemicals and Hazardous Substances The inventory of hazardous substances used in the factory is incomplete. Assign a person responsible for updating the inventory of hazardous substances in the various locations where they are stored or used. The Supervisors of the chemicals areas are in charge of updating the inventories of hazardous substances. Mar-21 Contract and Human Resources Dialogue, Discipline and Disputes Workers interview revealed that one manager was addressing the workers with abusive and improper language. Provide additional training to supervisors and managers. Then Conduct regular self-assessment to check awareness. Trainings have been conducted for local and foreign workers. Investigation and assessment is now applied on a regular basis.  Mar-21 Contract and Human Resources Termination The calculation of the annual salary supplement upon termination does not include the lunch break payment. Include payment of the lunch break in the calculation annual salary supplement upon termination. The Company is still in consultation with MAST and ADIH for more guidance. Mar-21 Contract and Human Resources Termination The calculation for unused paid annual leave upon termination does not include the lunch break payment. Include payment of the lunch break in the calculation for annual leave upon termination. The Company is still in consultation with MAST and ADIH for more guidance. Mar-21 Contract and Human Resources Termination The calculation of the payment for Pay the lunch break and include the lunch break payment in the the applicable notice period does calculation of notice period. not include the lunch break payment. The Company is still in consultation with MAST and ADIH for more guidance. Mar-21 Compensation Social Security and Other Benefits The calculation of the annual salary supplement or bonus does not include the lunch break payment. Ensure that workers' annual salary supplement or bonus include the lunch break payment. The Company is still in consultation with MAST and ADIH for more guidance. Mar-21 Compensation Social Security and Other Benefits The calculation of workers' contributions to OFATMA for maternity and health insurance does not include the lunch break payment. Include the lunch break payment in the contribution sent to OFATMA. The Company is still in consultation with MAST and ADIH for more guidance. 260 Mar-21 Compensation Social Security and Other Benefits The calculation of employer's contributions to OFATMA for maternity and health insurance does not include the lunch break payment. Include the lunch break payment in the contribution sent to OFATMA. The Company is still in consultation with MAST and ADIH for more guidance. Mar-21 Compensation Social Security and Other Benefits The calculation of workers' contributions to ONA does not include the lunch break payment. Include the lunch break payment in the contribution sent to ONA. The Company is still in consultation with MAST and ADIH for more guidance. Mar-21 Compensation Social Security and Other Benefits The calculation of employer's contributions to ONA does not include the lunch break payment. Include the lunch break payment in the contribution sent to ONA. The Company is still in consultation with MAST and ADIH for more guidance. Mar-21 Compensation Paid Leave The lunch break is not compensated in the payroll. Pay the lunch break. The Company is still in consultation with MAST and ADIH for more guidance. Mar-21 Compensation Paid Leave The calculation for the annual leave payment does not include the lunch break payment. Pay the lunch break and Include the payment of lunch break in the annual leave payment. The Company is still in consultation with MAST and ADIH for more guidance. 261 BETTER WORK HAITI – 25TH SYNTHESIS REPORT Factory: Location: Number of workers: Date of registration: Date of last two Better Work assessments: Sewing International S.A. Port-au-Prince 1,919 Oct-09 Sep-21 Aug-22 Advisory and Training Services 27-Oct-22 17-Jun-22 7-Jun-22 7-Jun-22 Virtual advisory meeting Session on 1 first progress report, Follow up on the last assessment report and explain the Grievance mechanism procedure. Virtual bipartite Committee Summary of the last meeting and the status of the finding identified. Discussion about why it is important to have an agenda for the meetings. Training Virtual Supervisory Skills (SST) Virtual Visit with Management to discuss improvement plan: Management stated that they did not work on any non compliance point. Virtual advisory meeting Discussion with union members regarding the creation of a bipartite committee 31-May-22 13-May-22 4-May-22 3-May-22 28-Apr-22 18-Mar-22 11-Mar-22 10-Mar-22 2-Mar-22 Training Virtual Financial Literacy. Virtual bipartite Committee Meeting on self-assessment and action plan. Training Virtual Bipartite Committee training. Training Virtual Bipartite Committee training. Training Virtual OSH Event. Training Virtual Sexual Harassment Awareness and Prevention for Middle management. Training Virtual Sexual Harassment Awareness and Prevention for supervisors. Training Virtual Sexual Harassment Awareness and Prevention for Workers. Meeting with the OSH committee to validate pending issues in Better Work's portal and discuss about the training needs. Virtual OSH Virtual advisory meeting 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. ASSESSMENT COMPLIANCE CLUSTER COMPLIANCE POINT DETAILS OF NON COMPLIANCE IMPROVEMENT PRIORITIES REMEDIATION EFFORTS MONTHS Assessment August 2022 Aug-22 Compensation Wage Information, Use and Deduction The overtime hours were not registered for the supervisors and the non-production workers. Revise employee contracts by clearly specifying the salary for normal hours and salary that will be allocated in the event of factory needs for these categories of workers. 3 262 Aug-22 Compensation Paid Leave The annual leave payment is not calculated based on worker's average daily earnings, because the factory does not compensate workers for the lunch break. Pay the lunch break and Calculate the annual leave payment based on worker's daily average earnings. 20 Aug-22 Compensation Paid Leave The calculation of the sick leave payment does not include the lunch break payment. Pay the lunch break and send workers' payslip and documents to OFATMA for sick leave payment. 20 Aug-22 Compensation Paid Leave The lunch break payment is not included in the calculation of the maternity leave. Pay the lunch break and send workers' payslip and documents to OFATMA for maternity leave payment. Aug-22 Compensation Paid Leave The lunch break is not compensated in the payroll. Discuss legal requirements with the General Manager. Pay the lunch break. 20 Aug-22 Compensation Paid Leave Payment for annual leave, Sick leave, maternity leave and the daily break are not accurate. Discuss legal requirements with the General Manager. Pay the lunch break. 20 Aug-22 Compensation Social Security and Other Benefits The factory completed 30 percent of the payment for the fiscal year 2021-2022, for OFATMA work related accident insurance. Pay the lunch break and pay OFATMA work related accident on time. 20 Aug-22 Compensation Social Security and Other Benefits The calculation for annual salary supplement or bonus does not include the lunch break payment. Pay the lunch break and Include the lunch break payment in the calculation of annual salary supplement or bonus. 81 Aug-22 Compensation Social Security and Other Benefits The factory did not share any proof that workers' pay slip for the last 3 months were sent to OFATMA for sick leave and maternity leave payment Send workers' pay slip for the last 3 months to OFATMA for sick leave and maternity leave payment. Keep records of acknowledgments Aug-22 Compensation Social Security and Other Benefits ONA calculation does not include the lunch break payment. At the time of assessment visit, the last three recent payments were late. Pay the lunch break, then forward Last ONA payment was made for the month of July 2022. worker's and employers' contribution to ONA within the first 10 business days of the next month for the previous month. Documents for maternity leave payment have been sent to OFATMA. The factory paid 6 weeks and OFATMA 12 weeks. The records of all acknowledgments are kept. 20 81 81 263 Pay the lunch break, then Forward worker's and employers' contribution to OFATMA within the first 10 business days of the next month for the previous month. Amend the internal regulations and make the necessary adjustments. Last OFATMA payment was made for the month of July 2022. 81 Aug-22 Compensation Social Security and Other Benefits Employers' contribution to OFATMA for maternity and health insurance does not include the lunch break payment. Aug-22 Contracts and Human Resources Employment Contracts The internal work rules are less favorable than the law. Aug-22 Compensation Termination The calculation for the payment of the applicable notice period does not include the lunch break payment. Include the lunch break payment in the calculation for the applicable notice period. 3 Aug-22 Compensation Termination The calculation of the average daily salary for annual leave upon termination does not include the lunch break payment. Include the lunch break payment in the calculation of unused paid annual leave upon termination. 3 Aug-22 Compensation Termination The calculation of the annual salary supplement upon termination does not include the lunch break payment. Include the lunch break payment in the calculation of annual salary upon termination. 3 Aug-22 Occupational Safety and Health OSH Management Systems The employer was not able to provide the required structural safety certificates Request a structural safety certificate from the city council. 3 Aug-22 Occupational Safety and Health Chemicals and Hazardous Substances The chemical inventory was not accurate . Assign responsible persons for updating inventories of hazardous substances in the various locations where they are stored or used. The health and safety officer and the OSH members are responsible to update inventories of hazardous substances in the various locations where they are stored or used. 3 Aug-22 Occupational Safety and Health Chemicals and Hazardous Substances No chemical data sheets for Acid muriatic found in the mechanic shop. Keep chemical MSDS for all hazardous chemicals used in the workplace. MSDS for all chemical products are posted in the workplace. 3 Aug-22 Occupational Safety and Health Chemicals and Hazardous Substances The employer has not limited workers 'exposure to hazardous substances. Isolate the use of chemical products on the floor. The maintenance manager has already defined a maintenance plan. 3 Aug-22 Occupational Safety and Health Worker Protection Management has not provided support belt to workers doing heavy lifting work. Provide the safety belt to workers. Add this aspect in the system of daily-weekly checks. All workers that are doing heavy lifting works have received the safety belt. 47 3 264 The mechanic manager is in charge of installing and regularly maintaining the machine guards. 3 Aug-22 Occupational Safety and Health Worker Protection 25 percent of the sewing machines are missing pulley guards. Define who is in charge of installing & regularly maintaining the machine guards (preventive maintenance). Aug-22 Occupational Safety and Health Working Environment Temperature exceed BW recommended limit. Take action to reduce the temperature such as opening in the roof, water curtain or additional fans. 81 Aug-22 Occupational Safety and Health Welfare Facilities Insufficient number of toilets. Increase the number of toilets as required by law. 97 Aug-22 Occupational Safety and Health Health Services and First Aid Insufficient medical staff. Hire additional medical staff based on the total workforce. 88 Aug-22 Occupational Safety and Health Emergency Preparedness The fire alarm in building 2 was not Have a fire detection and alarm working in. system suitable for the factory conditions. Aug-22 Occupational Safety and Health Emergency Preparedness A rechargeable light bulb was Train supervisors and workers found charging wrapped in a piece about fire hazards and the need to report hazards for reparation. of fabric. Management said that this practice is forbidden in the workplace. Aug-22 Working Time Regular Hours The regular working hours are exceed the legal limit. Aug-22 Working Time Regular Hours The administrative staff. Review the contract of these Supervisors confirmed that even categories of workers. though they are working significant amount of overtime , it is not recorded and therefore not paid. 3 Aug-22 Working Time Leave Management did not provide 15 consecutive days of annual leave. 3 Amend the internal work rules Ensure that the weekly regular working hours which include the daily break do not exceed 48 hours per week. Provide at least 15 days of annual leave to workers after 1 year of service. 3 The direction has already trained all workers, supervisors about fire hazards and the need to report hazards reparation. 3 14 265 Develop a procedure for maternity leave. The direction will develop a procedure for maternity leave with a consistent content. 3 Include in the procedure the following actions: Clear specification of unacceptable behaviors or performance. The factory management has reviewed the termination and disciplinary procedures, the missing steps of the procedure have been added. 3 The grievance procedure does not include clear options for submitting grievances and disputes that ensure anonymity and non-retaliation. Include clear options for submitting grievances and disputes that ensure anonymity and non-retaliation. The factory has made the updates in the procedure such as clear options for submitting grievances and disputes that ensure anonymity and nonretaliation. 3 OSH Management Systems Management did not show evidence of: Regular management review of effectiveness of management system including performance on measurable objectives and targets. Hold a management review meeting of effectiveness of management system including performance on measurable objectives and targets. - Keep records when accident investigations are followed by an actual change in procedures 3 Occupational Safety and Health OSH Management Systems No. The factory does not have an adequate accident investigation procedure. includes the following actions in the procedure: - Root cause analysis - Focus on sustainable solutions - Implementation of changes in order to avoid reoccurrence. 3 Occupational Safety and Health OSH Management Systems The factory does not have an adequate hazard/risk management and control procedure. Develop a hazard/risk management and control procedure that includes: - A 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. 3 Aug-22 Working Time Leave Aug-22 Contracts and Human Resources Employment Contracts Aug-22 Contracts and Human Resources Employment Contracts Aug-22 Occupational Safety and Health Aug-22 Aug-22 Assessors found two cases where the workers were sent home before their seventh month of pregnancy without any medical prescription. The disciplinary procedure does not include: Clear specification of unacceptable behaviors or performance. Assessment September 2021 266 Sep-21 Working Time Regular Hours The employer does not keep working time records that reflect the hours actually worked. Ensure that working time records is accurate. Sep-21 Working Time Regular Hours One worker was not automatically granted breastfeeding brakes after her return from maternity leave. Develop a procedure for the HR staff when worker return from maternity leave. Sep-21 Working Time Regular Hours The regular working hours are from 7 AM to 4 PM (including a 1 hour daily break), 6 days per week, which is equivalent to 9 working hours per day and 54 hours per week. Revise the internal regulations and make sure that the regular hours do not exceed 48 hours per week. Sep-21 Occupational Safety and Health Emergency Preparedness The total number of workers trained in fire-fighting is less than 10 percent of the workforce. Include the training in fire fighting in the training plan.  Ensure that at least 10 percent of the workforce is trained. Sep-21 Occupational Safety and Health Emergency Preparedness The last fire drill was conducted on June 22nd 2021, and the one before that on 30th August 2020. Conduct at least one emergency The Factory has planned 3 Fire drill every 6 months including full Drill per year and conducted 2 fire drills for this year. evacuation of the workforce. Insert the drills in the OSH annual training plan. Sep-21 Occupational Safety and Health Emergency Preparedness The aisles were obstructed in both buildings of the factory during working hours. Provide additional training for supervisors and worker. Provide additional space for storing goods. Sep-21 Occupational Safety and Health Emergency Preparedness The escape routes in both floor of the factory are not clearly marked. Paint evacuation arrows and yellow lines on the floor to show the exit pathway. Sep-21 Occupational Safety and Health Emergency Preparedness The fabric warehouse does not have adequate fire-fighting equipment. Install adequate fire-fighting equipment in this area. Management has installed adequate fire-fighting equipment in this area and trained workers on electrical hazards. Sep-21 Occupational Safety and Health Emergency Preparedness The fabric storage does not have a fire detection and alarm systems. Install a smoke detector in this area. Provide additional training on electrical hazards. Management has installed some smoke detectors in this area and trained the workers on electrical hazards. 267 More than 10 percent of the workforce has been trained. The factory has an internal training plan and a training Monitoring system in place. Sep-21 Occupational Safety and Health Health Services and First Aid The total number of workers trained in first aid is less than 10 percent of the workforce. Include First Aid training in the training plan. Ensure that at least 10 percent of the workforce is trained in first aid. Sep-21 Occupational Safety and Health Health Services and First Aid The factory is in compliance with the labour code regarding the doctor services. However, the number of nurses is insufficient. Hire additional medical staff to have at least 7 nurses for the current workforce. Sep-21 Occupational Safety and Health Health Services and First Aid Annual medical checks for workers are not in line with legal requirements. Discuss the legal requirements with the General Manager. Pay the health card. The compliance team have discussed about the legal requirements with the general manager. The factory has paid the CDS. Sep-21 Occupational Safety and Health Health Services and First Aid Health checks for workers who are exposed to work-related hazards are not in line with legal requirements. Discuss the legal requirements with the General Manager. Develop a health check plan for workers who are exposed to workrelated hazards. The Factory has paid the health card. Management has a plan for workers that are exposed to workrelated hazards to receive the health checks every six months. Sep-21 Occupational Safety and Health Health Services and First Aid The factory did not paid the CDS. As a result OFATMA did not provide any medical checks for workers upon hiring and workers did not receive the health card. Discuss the legal requirements with the General Manager. Pay the health card. The factory has paid the CDS and has sent a request to OFATMA to provide the medical checks. Sep-21 Occupational Safety and Health Welfare Facilities Insufficient number of toilets. Sep-21 Occupational Safety and Health Working Environment Lux level is insufficient in sewing, packing and cutting section. Discuss the legal requirements 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 Increase the light level to reach 300 lux in Pressing section, 500 lux in Sewing, cutting, packing. 750 lux in trimming, Inspection section. Add this aspect in the daily and weekly checks. Sep-21 Occupational Safety and Health Working Environment Workplace temperature exceed 30 C in cutting section. Increase the ventilation with additional fans. Conduct regular measurement of temperature & compare with threshold value. 268 Sep-21 Occupational Safety and Health Worker Protection No support belts have been provided to workers doing heavy lifting work. Provide employees with all necessary personal protective clothing and equipment according to PPE regulation. Sep-21 Compensation Paid Leave The annual salary supplement or bonus does not include the lunch break payment. Discuss legal requirements with the General Manager. Pay the lunch break and include it in the annual salary supplement. Sep-21 Compensation Social Security and Other Benefits Sep-21 Compensation Social Security and Other Benefits Sep-21 Compensation Social Security and Other Benefits Workers' contributions to OFATMA Discuss legal requirements with the General Manager. Include the is late and does not include the lunch break in worker's lunch break payment. contribution to OFATMA. Ensure that payments are done within the first 10 business days of the next month for the previous month. Include the lunch break in the Employer's contributions to OFATMA for maternity and health employer contribution to OFATMA. Ensure payment are insurance is late. done within the first 10 business days of the next month for the previous month Include the lunch break in the Employer's contribution to OFATMA for work-related accident contribution sent to OFATMA. Pay the health cards. insurance is late. Sep-21 Compensation Social Security and Other Benefits The employer did not collect and forward workers' contributions to ONA on time and the lunch break is not compensated. Pay the lunch break and Forward worker contribution to ONA within the first 10 business days of the next month for the previous month. Sep-21 Compensation Social Security and Other Benefits The employer contribution to ONA is late and does not include the lunch break payment. Pay the lunch break and Forward employer contribution to ONA within the first 10 business days of the next month for the previous month. Sep-21 Contracts and Human Resources Paid Leave The factory did not pay annual leave, Sick leave, maternity leave and the daily break correctly as the lunch break is not compensated. Pay the lunch break and include it in the calculation of sick leave, maternity leave and annual leave. The factory made a first payment for the fiscal year 2021/2022 which includes the health cards. 269 Sep-21 Contracts and Human Resources Paid Leave The lunch breaks is not compensated in the payroll. Pay the lunch break. Sep-21 Contracts and Human Resources Paid Leave The eligible workers are receiving 12 week of maternity leave payment from OFATMA. However, the calculation does not include the lunch break payment. Pay the lunch break and include it in the declaration sent to OFATMA. Sep-21 Contracts and Human Resources Paid Leave The factory has not paid some workers their sick leave because management lost workers' sick leave certificate. Have a system to monitor the requests for sick leave. Pay the lunch break and include it in the calculation of sick leave. Sep-21 Contracts and Human Resources Paid Leave The annual leave payment is not calculated on worker's daily average earnings. Pay the lunch break and include it in the calculation of average daily earnings, when paying the annual leave. Sep-21 Compensation Minimum Wages/Piece Rate Wages Workers are not getting the minimum wage for the days when they get sent home early for not making good progress on the production. Review and update the internal regulations. All workers have received the sick leave payment. Based on factory internal regulations approved by MAST, workers received the minimum wage. 270 BETTER WORK HAITI – 25TH SYNTHESIS REPORT Factory: Location: Number of workers: Date of registration: Date of last two Better Work assessments: Superior Sourcing Ouanaminthe 1,207 Jan-20 Mar-21 Jun-22 Advisory and Training Services 8-Nov-22 Virtual advisory meeting Meeting with Compliance Officer to: 1.- Plan next meeting for the bipartite committee 2.- Review some OSH elements and change status on the improvement plan 30-Aug-22 Training BWH-TNG HIV/AIDS 19-Aug-22 Training 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. 12-Aug-22 Virtual advisory meeting Meeting with the new compliance officer: 1.-Introduction, new compliance officer 2.-Review of findings from last assessment 3.- next step: meeting for the new improvement plan/ bipartite committee. 17-Jun-22 Training Virtual Negotiation Skills 15-Jun-22 Virtual advisory meeting First meeting with new adviser, Introduction and Improvement plan review. 21-Mar-22 Virtual advisory meeting Advisory service to meet the new compliance coordinator and discuss all the non-compliance 8-Dec-21 Virtual advisory meeting Advisory visit with video to see the progress in chemical products management, firefighting and emergency preparedness. 3-Dec-21 Virtual advisory meeting Advisory visit to review the progresses made. ASSESSMENT COMPLIANCE CLUSTER COMPLIANCE POINT DETAILS OF NON COMPLIANCE IMPROVEMENT PRIORITIES REMEDIATION EFFORTS MONTHS Assessment June 2022 Jun-22 Compensation Paid Leave The calculation of annual leave payments does not include the lunch break payment. Pay the lunch break and include it in the calculation of annual leave payments. 21 Jun-22 Compensation Paid Leave The calculation of sick leave payments does not include the lunch break payment. Pay the lunch break and include it in the calculation of sick leave payments. 21 Jun-22 Compensation Paid Leave The calculation of maternity leave payments does not include the lunch break payment. Pay the lunch break and include it in the calculation of maternity leave payments. 21 271 Jun-22 Compensation Paid Leave The lunch break is not compensated in the payroll. Comply with the 3*8 law and pay the lunch break. 21 Jun-22 Compensation Social Security and Other Benefits The factory has not completed the payment for OFATMA work related accident for the fiscal year 2021-2022. 21 Jun-22 Compensation Social Security and Other Benefits The calculation for annual salary supplement or bonus payment does not include the lunch break payment. Factory must pay the lunch break Management said that they are contesting the amount on the and include it in the calculation invoice. of the average daily salary and send the salary statement to OFATMA. Pay the lunch break and include it in the calculation of annual salary supplement or bonus. Jun-22 Compensation Social Security and Other Benefits Workers' pay slip for the last 3 months are not sent to OFATMA for payment of sick and maternity leave. Send worker's pay slips to OFATMA for the last three months, for the calculation of sick leave and maternity leave payments. 21 Jun-22 Compensation Social Security and Other Benefits Workers' and employer's contribution to ONA is calculated on the minimum wage and does not include the lunch break payment. Workers' and employer's contribution to ONA must be calculated on the average daily earnings and must include the lunch break payment. Jun-22 Compensation Social Security and Other Benefits The factory only pays the employer's portion of the contribution to OFATMA for maternity and health insurance. Workers' and employer's contribution to OFATMA must be calculated on the average daily earnings and must include the lunch break payment. Jun-22 Contracts and Human Resources Employment Contracts The internal work rules are less favorable than the labour law because it does not provide the payment of the lunch break. Lunch break payment must be included in the internal work rules. Management explained that there is an agreement between the administration of CODEVI and OFATMA for all the factories inside of the industrial park, but the factory's management could not share any agreement with the assessors during the assessment visit. Management is discussing the legal requirements with CODEVI administration. Jun-22 Contracts and Human Resources Termination The calculation of the payment for the applicable notice period does not include the lunch break payment. Pay the lunch break and include it in the calculation for the applicable notice period. The factory management stated they will contact CODEVI administration for follow up. The factory makes the payments and pay 6 weeks of maternity leaves. 21 21 6 21 21 272 Jun-22 Contracts and Human Resources Termination The calculation for unused paid annual leave upon termination does not include the lunch break payment. Pay the lunch break and include it in the calculation of average daily earnings. The factory management stated they will contact CODEVI administration for follow up. 21 Jun-22 Contracts and Human Resources Termination The calculation for workers their annual salary supplement upon termination does not include the lunch break payment. Pay the lunch break and include it in the calculation of average daily earnings. The factory management stated they will contact CODEVI administration for follow up. 21 Jun-22 Occupational Safety and Health OSH Management Systems The factory did not conduct a general OSH assessment monthly. Conduct a general OSH assessment on a monthly basis. General OSH assessment monthly has been done. Excel format used for the last one has been shared. 21 Jun-22 Occupational Safety and Health OSH Management Systems The factory did not share any list of health committee members and meeting minutes for the last 12 months. Establish an OSH bipartite committee, conduct regular meeting and keep minutes of meetings. OSH committee has been created. First meeting has been done on November 11; Evidence has been shared. 21 Jun-22 Occupational Safety and Health OSH Management Systems The factory does not have a system to record accidents on a regular basis and send them to OFATMA monthly. Work related accident must be recorded and sent to OFATMA on a monthly basis. Correction has been made. Factory has shared evidence for August, September and October. System is now in place 21 Jun-22 Occupational Safety and Health OSH Management Systems The factory did not provide any structural safety certificate. Request a structural safety certificate from CODEVI administration. Jun-22 Occupational Safety and Health Chemicals and Hazardous Substances The inventory of chemical and hazardous product was not accurate and updated. Develop an inventory management system and update the inventory on a regular basis. Chemical inventory is now accurate and updated. Verification done every week to keep accuracy. Evidence has been shared. 21 Jun-22 Occupational Safety and Health Chemicals and Hazardous Substances Unlabelled containers of chemical and hazardous products found in several areas of the workspace. Label all chemical and hazardous materials. All the containers have been labelled. Follow up is done with the worker to not used unlabelled containers. 21 Jun-22 Occupational Safety and Health Chemicals and Hazardous Substances The assessors noticed that chemicals storage areas are not adequately ventilated. Ensure that the storage area for chemical product is isolated and properly ventilated. Place eye wash station where chemical products are used and stored. Correction has been made. The chemicals storage areas have been adequately ventilated. Evidence has been shared 21 Jun-22 Occupational Safety and Health Chemicals and Hazardous Substances MSDS's were not available for all chemical and hazardous products used in the workplace. Keep MSDS for all chemical and hazardous products used in the workplace. Issue was addressed. MSDS and label has been added to al chemical products. Evidence has been shared. 21 21 273 21 Jun-22 Occupational Safety and Health Chemicals and Hazardous Substances The employer did not take any action to limit the exposure of employees to chemical vapors. The spot cleaning area should be isolated and should be properly ventilated. Add extractors to machines as necessary. Jun-22 Occupational Safety and Health Chemicals and Hazardous Substances Training has not been provided to workers were using chemical and hazardous substances. Train all workers that are using chemical and hazardous substances. Training has been done for workers were using chemical and hazardous substances. 6 Jun-22 Occupational Safety and Health Chemicals and Hazardous Substances An eye wash station was not available where chemicals are used and stored. Install eye wash stations in all areas where chemical and hazardous products are used. Correction has been made and evidence has been shared. Eye wash station available where chemicals are used 6 Jun-22 Occupational Safety and Health Worker Protection During the assessment visit no Train all workers on PPE. evidence of training was available. Factory has planned some training for the workers. One about chemical product is already done. Evidence has been shared. 21 Jun-22 Occupational Safety and Health Worker Protection The factory did not check the body temperature of all workers as well as visitors'. Check workers body temperature and keep a record for those who present a temperature level above 38 degrees. 6 Jun-22 Occupational Safety and Health Working Environment Temperature level is not acceptable. Install a cooling system or fan to keep the temperature level at or below 30 degrees. 21 Jun-22 Occupational Safety and Health Working Environment Insufficient light levels in several section of the workspace. Increase the light level in all sections of the workspace 21 Jun-22 Occupational Safety and Health Welfare Facilities Insufficient number of toilets. Ensure that the factory has sufficient number of toilets as required by the labor code. 21 Jun-22 Occupational Safety and Health Welfare Facilities Water test is not conducted on a monthly basis by a certified laboratory. Water test must be conducted from the exit point on a monthly basis. Jun-22 Occupational Safety and Health Welfare Facilities The eating areas do not have the capacity to accommodate all workers. Talk to the park administration to increase the capacity of the eating areas. The water test was conducted on . Factory will continue with monthly basis by a certified laboratory. 21 21 274 Jun-22 Occupational Safety and Health Health Services and First Aid Workers did not receive the medical checks within the first 3 months of hiring and they do not have a health card. Request the health card from OFATMA. Request the medical checks for all new workers. 21 Jun-22 Occupational Safety and Health Health Services and First Aid No evidence of medical checks for workers exposed to workrelated hazards were present in worker's files. Provide a medical check twice a year, to workers who are exposed to chemical and hazardous products. 21 Jun-22 Occupational Safety and Health Health Services and First Aid No evidence of annual medical checks were present in worker's files. Request an annual medical check for all workers. 21 Jun-22 Occupational Safety and Health Health Services and First Aid Insufficient medical staff as required by art. 478 and 479 of the labor code. Hire the proper amount of nurses and doctors. The factory has his onsite medical facility and staff. Evidence has been shared. 21 Jun-22 Occupational Safety and Health Health Services and First Aid Expired products found in several first aid boxes. Keep a checklist for first aid boxes. Review regularly and remove expired products. all first aid boxes have been actualized and completed. Evidence has been shared. 6 Jun-22 Occupational Safety and Health Health Services and First Aid Less than 10% of the workforce is trained in first aid, as recommended by Better Work. Train at least 10% of the workforce in first aid. Factory has train new workers on September and October, evidence has been sent Jun-22 Occupational Safety and Health Emergency Preparedness The factory did not share a fire fighting maintenance report conducted by a certified company. Maintenance for all fire extinguishers must be done by a certified company every year. The factory sent monthly report conducted by their team. A certified company has conducted an evaluation for this year and evidence has been shared. 21 Jun-22 Occupational Safety and Health Emergency Preparedness The evacuation plan did not reflect the actual layout of the factory floor. Update the evacuation plan to reflect the layout of the floor. Post evacuation plan where necessary. Evacuation plan has been updated. Evidence has been shared. 21 Jun-22 Occupational Safety and Health Emergency Preparedness Obstructed aisles and evacuation routes. Aisles should remain clear of obstructions. All the aisles in building 1, the evacuation route in the fabric warehouse of building 2, have been cleared. 21 Jun-22 Occupational Safety and Health Emergency Preparedness Fire drill are not conducted every six months, as recommended by Better Work. Conduct regular fire drills. Factory has plan to do the fire drill every 6 months. The last one was on December 9. Evidence has been shared. 21 275 Factory has done 2 sessions of training on September 28 and 29, and evidence has been sent. 21 Jun-22 Occupational Safety and Health Emergency Preparedness Less than 10 percent of workers were trained in fire-fighting equipment. Train at least 10% of the workers in fire fighting. Jun-22 Working Time Regular Hours The regular working hours exceed the legal limit. Regular work hours are 48 hours per week. 21 Jun-22 Working Time Leave Pregnant workers do not go on leave 6 weeks before giving birth. Pregnant workers should receive 6 weeks of leave prior to giving birth and 6 weeks after, for a total of 12 weeks. 21 Jun-22 Contracts and Human Resources Employment Contracts The factory's disciplinary and termination procedures does not include all the necessary steps. Include the right to defend oneself prior to termination and to representation in the disciplinary process. 21 Jun-22 Occupational Safety and Health OSH Management Systems Management has not assigned accountability at the level of management and OSH committee for carrying out Health and Safety responsibilities. Ensure effective functioning of the OSH committee Define authority for OSH officer and top management to perform OSH responsibilities Appoint an OSH officer with sufficient expertise Jun-22 Occupational Safety and Health OSH Management Systems The factory does not adequately communicate and implement OSH policies and procedures. the employer needs to : - Train all joint OSH committee members. - Post policies and work instructions around the workplace. - Post the names of OSH committee members. OSH Committee has been created Training has been done for the members 6 21 276 Jun-22 Occupational Safety and Health OSH Management Systems The employer does not properly investigate, monitor and measure OSH issues. Jun-22 Occupational Safety and Health OSH Management Systems The employer does not have the proper accident investigation procedure. Jun-22 Occupational Safety and Health OSH Management Systems The factory does not have the proper emergency preparedness procedure. Jun-22 Occupational Safety and Health OSH Management Systems The factory does not have a hazard and risk procedure that includes all the necessary steps. Assessment March 2021 The employer should investigate, monitor and measure OSH issues through: - 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 - Follow-up on accident investigations that leads to a change in procedures/practices where required The accident investigation procedure should includes: -Root cause analysis -Focus on sustainable solutions -Implementation of changes in order to avoid reoccurrence 21 Factory is reviewing the accident investigation procedure to include: -Root cause analysis -Focus on sustainable solutions -Implementation of changes in order to avoid reoccurrence 21 The emergency preparedness procedure must includes: Reporting fires and other emergencies Alerting all employees to evacuate Evacuating employees to designated assembly location Accounting for all employees after an evacuation Factory is working on the emergency preparedness procedure to include: Reporting fires and other emergencies Alerting all employees to evacuate Evacuating employees to designated assembly location Accounting for all employees after an evacuation 21 The hazard and risk procedure should includes: - A 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 Factory in working on the procedure to include: - A 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 21 277 Mar-21 Compensation Paid Leave The calculation of annual leave payments does not include the lunch break payment. 1. Calculate the annual leave on worker's daily average earnings as specified in Art. 148. 2. Pay the lunch break and include the payment in annual leave calculation. Mar-21 Compensation Paid Leave The calculation of sick leave payments does not include the lunch break payment. 1. Calculate sick leave on worker's daily average earnings as specified in Art. 148. 2. Pay the lunch break and include the payment in the sick leave calculation. Mar-21 Compensation Paid Leave The calculation of maternity leave payments does not include the lunch break payment. 1. Proactively work with OFATMA to complete the registration process. 2. Ensure that workers receive the correct amount of maternity leave payments as required by the labor code Mar-21 Compensation Paid Leave The lunch break is not compensated in the payroll. 1) Revise the payroll procedures to ensure that the daily break is accurately paid to all eligible workers. 2) Communicate the new procedures to all relevant parties. Mar-21 Compensation Paid Leave The factory did not pay annual leave, Sick leave, maternity leave and the daily break correctly. 1. Pay annual leave, sick leave and maternity leave on daily average earnings Mar-21 Compensation Social Security and Other Benefits The employer contribution to ONA is calculated on the minimum salary and it does not include the lunch break payment. 2.mThe factory needs to apply the 3*8 law and pay for the lunch break. 1. The factory needs to calculate ONA contribution based on the average daily earnings. 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 days of each month for the previous month 278 1. The factory needs to calculate ONA contribution based on the average daily earnings. 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 days of each month for the previous month. The factory did not share with the 1. Ensure that payment for work assessors the salary statement for related accident is made in a the fiscal year 2019-2020 and the timely manner. 2. Ensure that all documentations payment agreement for multiple are available during the instalments. evaluation period. Mar-21 Compensation Social Security and Other Benefits Mar-21 Compensation Social Security and Other Benefits Mar-21 Compensation Social Security and Other Benefits The factory is not registered with OFATMA for maternity and health insurance. 1. Proactively work with OFATMA to complete the registration process. Mar-21 Compensation Social Security and Other Benefits The factory has not collected and forwarded workers contributions to OFATMA for maternity and health insurance. 1. Proactively work with OFATMA to complete the registration process. Mar-21 Compensation Social Security and Other Benefits The calculation for annual salary supplement or bonus does not include the lunch break payment. 1) Discuss legal requirements with the General Manager 2) Pay the lunch break and include the payment in the annual salary supplement or bonus calculation. Mar-21 Contracts and Human Resources Employment Contracts The apprentice contracts were not Request approval from MAST for approved as legally mandated. the apprentice contracts. The employer collects but did not forwards workers' contributions to ONA on a monthly basis. Management said that they already start the registration process with OFATMA. Management explained that the apprentice program is managed internally at factory's level, which is why they do not seek the necessary government ministry approval. 279 Mar-21 Contracts and Human Resources Employment Contracts The factory does not have an internal work rules approved by the Ministry of Labor. Submit the internal work rules to the Ministry for proper authorization. Management expressed that the factory internal work rules will be submitted to the Ministry for proper authorization. Mar-21 Occupational Safety and Health Chemicals and Hazardous Substances The inventory of chemical and hazardous products is not accurate . We do have inventory sheet with numerous location and accountability as you requested. Mar-21 Occupational Safety and Health Chemicals and Hazardous Substances Unlabelled containers of oil and water in found in several areas of the workplace. Mar-21 Occupational Safety and Health Chemicals and Hazardous Substances Assessors noticed that chemicals were not properly stored. 1. Assign responsible persons for updating inventories of hazardous substances in the various locations where they are stored or used 2. Include all chemicals used in the workplace in the central inventory 3. Specify who is in charge of maintaining one central inventory for the company 4. Define who will be responsible 1. Define who control the chemical container on receipt from supplier and control the label 2. Define who is entitled to pour chemicals in other recipients and label them 3. Review the MSDS to know which pictograms are needed 4. Properly label chemicals and hazardous substances including name in various languages and hazard pictogram. 1. Install an eye wash station in the facility 3. Limit access of other workers to the chemical storage 4. Provide (better) exhaust ventilation 5. Provide required PPE 6. Post MSDS for all chemical in the storage areas 5. Assign responsibility for regular check (incl. wearing of PPEs) 6. Install a fire extinguisher and a smoke detector in the facility Normally all chemicals are labelled and the mechanics are responsible for oil being dispensed on the floor. - eyewash station is installed in the facility - better ventilation - availability of required PPE - simplified data sheet gathered within a binder - fired extinguishers are installed However, chemical storage locations are still close to workers, and most smoke detectors fall from the roof. 280 Mar-21 Occupational Safety and Health Chemicals and Hazardous Substances Mar-21 Occupational Safety and Health Chemicals and Hazardous Substances Mar-21 Occupational Safety and Health Chemicals and Hazardous Substances The factory has not provided any trainings to workers using chemicals. The factory needs to provide chemical safety training to all workers including supervisors that are using chemical products and hazardous substances. Training has been provided to all workers handling chemicals at the factory. Mar-21 Occupational Safety and Health Chemicals and Hazardous Substances Eye wash station has been installed where chemicals are used and stored. The factory needs to install eyewash station in all areas where chemical products are stored and used. Eye wash stations installed. Several hazardous chemicals were 1. Identify a person responsible We have labelled 95 percent of for chemical management. found without chemical safety chemicals. 2. The MSDS for each chemical data sheets. should be available and translate in local language. 3. Clarify responsibility for posting the MSDS in the locations where chemicals are stored and used. 4. Train workers in charge of chemical storage or using the chemicals about the information contained in the MSDS. 5. Specify who conducts regular checks in the workplace that all chemicals have labels and all MSDS are available. The spot cleaning area does not 1. The factory needs to have an have the proper conditions to isolated area for the spot cleaning prevent unnecessary exposure of and ensure that the vacuum workers to chemicals. machines and exhausts are working properly. 2. Ensure the eye wash station in the chemical warehouse is working properly 3. Train workers on its use 4. Make sure that the compliance checks on the functioning of the eyewash during the OSH selfassessment 281 Mar-21 Occupational Safety and Health Worker Protection Proper PPR is not provided to all workers. 1. Provide appropriate PPE where it is needed for all workers including but not limited to: - Mask against chemical vapor for workers working in the spot cleaning area. - Waterproof aprons for spot cleaning area. -Self breathing mask is available for worker in spot cleaning and training has been provided -Management will construct a room for spot cleaning. Mar-21 Occupational Safety and Health Worker Protection Several chairs in the sewing areas are missing back rest and standing workers were not provided with foot rests or shock absorbing mats. 1. Ensure all chairs in use meet ergonomic requirements including, but not limited to proper backrests. Chairs are being fixed. Mar-21 Occupational Safety and Health Worker Protection Improper maintenance of electrical installations. 1. Improve the electrical maintenance and Create a maintenance log 2. Ensure that all junction boxes placed under the cutting tables of building 27 are covered 3. Ensure that the factory conduct more regularly check. Mar-21 Occupational Safety and Health Worker Protection The social distance is not respected on the floor and the eating area during the lunch break, as well as during entry and leaving. Ensure that 1.5 meter of distance is respected on the production floor and the eating area during the lunch break, as well as during entry and leaving. Mar-21 Occupational Safety and Health Working Environment Temperature level is not acceptable. 1. Install a cooling system in the all buildings 2. Ensure that the air-flow to and from the fans is not blocked. 3. Monitor workplace temperature on a regular basis Mar-21 Occupational Safety and Health Working Environment Insufficient light levels in several section of the workspace. 1. Ensure the lighting is adequate and adapted to worker's needs. 2. Specify who is in charge of regular maintenance of the light 3. Conduct regular measurement & compare with BW recommended limit The lux level is very low on Building 1 as the lightening is different in production areas. Quality areas in Building 2 has excellent lux level everywhere. We will fix the glitch. 282 Mar-21 Occupational Safety and Health Welfare Facilities Insufficient number of toilets 1. Discuss terms and conditions of the building with CODEVI 2. Ensure the factory has 30 functioning toilets for men and 48 for women Mar-21 Occupational Safety and Health Welfare Facilities The water test is not conducted on a monthly basis by a certified laboratory. 1) Maintain an adequate supply of water for all workers and ensure that the water is tested on a monthly basis. 2) Defines who organize regularly test about the quality of the drinking water Mar-21 Occupational Safety and Health Welfare Facilities The eating areas do not have the capacity to accommodate all workers even if the factories have different lunch schedules to decrease agglomeration of workers. The factory needs to find an additional eating area for the workers. Mar-21 Occupational Safety and Health Health Services and First Aid No evidence of medical checks performed within the first 3 months of hiring were present in worker's files. Worker interviews across the factory also confirmed such medical checks were not performed for workers and they did not receive the health cards within the first 3 months of hiring. The factory is affiliated with OFATMA for accident insurance and the payments for the fiscal year 2020-2021 were made; but the factory did not provide to the assessors the salary statement for the fiscal year 2019-2020 sent to OFATMA at the time of the assessment visit. 1. Provide health checks within their first 3 months of hiring at not cost for the workers 2. Make the results available to the worker 3. Record when the health check was conducted and when the next health check will take place 4. Specify who is in charge of monitoring health checks for the workers 5. Ensure that all documentation are available at the time of the assessment visit. 283 Mar-21 Occupational Safety and Health Health Services and First Aid No evidence of medical checks for workers exposed to workrelated hazards were present in worker's files. Worker interviews across the factory also confirmed such medical checks were not performed for workers. The factory is affiliated with OFATMA for accident insurance and the payments for the fiscal year 2020-2021 were made; but the factory did not provide to the assessors the salary statement for the fiscal year 2019-2020 sent to OFATMA at the time of the assessment visit. 1. Provide health checks twice a year at not cost for the workers exposed to work-related hazards 2. Make the results available to the worker 3. Record when the health check was conducted and when the next health check will take place 4. Specify who is in charge of monitoring health checks for the workers 5. Ensure that all documentation are available at the time of the assessment visit. Mar-21 Occupational Safety and Health Health Services and First Aid No evidence of annual medical checks were present in worker's files. Worker interviews across the factory also confirmed such medical checks were not performed for workers. The factory is affiliated with OFATMA for accident insurance and the payments for the fiscal year 2020-2021 were made; but the factory did not provide to the assessors the salary statement for the fiscal year 2019-2020 sent to OFATMA at the time of the assessment visit. 1. Provide annual health checks at not cost for the workers 2. Make the results available to the worker 3. Record when the health check was conducted and when the next health check will take place 4. Specify who is in charge of monitoring health checks for the workers 5. Ensure that all documentation are available at the time of the assessment visit. Mar-21 Occupational Safety and Health Health Services and First Aid The factory does not have an onsite medical facilities and staff as required by art. 478 and 479 of the labor code. Management expressed the use the medical facilities of the industrial park. The factory must have the appropriate medical facility and staff as recommended by the labor code Mar-21 Occupational Safety and Health Health Services and First Aid First aids boxes are missing products listed on the checklist. 1. Mark the areas on the floor that should not be obstructed 2. Define responsibility for filling first aid boxes 3. Make sure all first aid boxes are assessed on a monthly basis. the first aid boxes supplies are monitored regularly. The inventory is done on a monthly basis. 284 Mar-21 Occupational Safety and Health Health Services and First Aid The total number of workers trained in first aid is less 10 percent of the workforce as recommended by Better Work. 1. Provide additional training on first aid to cover the 10 percent of the workforce 2. Have a system in place to track trained workers We now have a great number of workers trained on that matter. Mar-21 Occupational Safety and Health Emergency Preparedness Although , the factory has an alarm system installed, assessors noticed that the fire alarm system was not functional in building 27. 1. Make sure that building 27 has a functioning alarm system. 2. Specify who is in charge of regularly checking its functioning 3. Include this in the monthly OSH self-assessment Alarm system has been installed and working properly. Mar-21 Occupational Safety and Health Emergency Preparedness Obstructed fire extinguishers. 1. Ensure regular maintenance 2. Provide adequate firefighting equipment. 3. Ensure that fire extinguisher are not obstructed 4. Provide adequate storage space to receive and store materials. 5. Work with OSH committees to randomly monitor and make sure that the equipment is in place & functioning - We are implementing safety at the plant however by moving materials workers tend to leave materials on front of extinguishers but it has been solved. - Tag has been missing when cleaning the extinguishers and by other materials in contact with extinguishers, there are extra tags whenever a tag missing to be replaced. Mar-21 Occupational Safety and Health Emergency Preparedness The evacuation map of building 26 was not posted on floor. The evacuation plan of building 27 was missing the assembly point and the emergency exits. 1. Post an evacuation in building 26 2. Post updated evacuation plans in buildings 27 The assembly points are available Mar-21 Occupational Safety and Health Emergency Preparedness The aisles were obstructed in the sewing area, packing and stock floor of building 26. Furthermore, the evacuation route near line of building 27 was obstructed by boxes. 1) Ensure that routes are not obstructed 2) Work with OSH committee members, supervisors to perform routine tours of the factory 3) Provide adequate storage space to receive and store materials. 4) Specify who conduct daily weekly checks 285 Mar-21 Occupational Safety and Health Emergency Preparedness The last fire drill was conducted in Conduct an evacuation drill every 6 months. September 2020, and the one before that in February 2020. Better Work recommends an emergency drill every 6 months. Mar-21 Occupational Safety and Health Emergency Preparedness The total number of workers trained in fire-fighting is less 10 percent of the workforce as recommended by Better Work. Perform training on the use of fire-fighting equipment for at least 10% of the worker population Mar-21 Working Time Regular Hours The employer has not posted the factory's working hours for all shifts including break time. Post working hours including break time in all building were all workers can see it. Mar-21 Working Time Regular Hours The factory did not give pregnant workers two additional breaks of 30 minutes each per day. 1. Make sure during the period of apparent pregnancy, the woman will be entitled to two periods of rest per day of at least half an hour each, in addition to the lunch break. Mar-21 Working Time Leave Workers were only given 11 out of 15 days off after one year of service. The factory needs to provide workers with 15 days vacation after one year of service, as mandated by the labor laws. Mar-21 Working Time Leave Pregnant workers do not go on leave 6 weeks before giving birth. Ensure that pregnant workers go on leave 6 weeks before childbirth as specified in the Labor Code. Mar-21 Contracts and Human Resources Employment Contracts Implement and communicate HR policies and procedure The factory need to have an HR Policy signed by top management. Mar-21 Contracts and Human Resources Employment Contracts There is no evidence that the employer investigates violations of HR policies and procedures. The employer must take action to investigate violations of HR policies and procedures, identify weaknesses and make necessary adjustments to prevent recurrence 286 Mar-21 Contracts and Human Resources Employment Contracts No. The factory has disciplinary and termination procedures that include, a clear specification of unacceptable behaviours or performance, a step-by-step warning system, and procedures related to legal notice periods and termination payments. However, the procedure does not include the time frame between warnings and payments, the right to defend oneself prior to termination and to representation during the disciplinary process. Mar-21 Occupational Safety and Health OSH Management Systems No. The factory does not adequately communicate and implement OSH policies and procedures. The employer has not : - Posted an evacuation plans in all buildings - Posted names of OSH committee members -Posted policies and work instructions The Bipartite Committee Members are the OSH members and their picture is attached accordingly. Polices are posted accordingly. Mar-21 Occupational Safety and Health OSH Management Systems The employer does not properly investigate, monitor and measures OSH issues. Management should perform a regular review of effectiveness of management system including performance on measurable objectives and targets Done Mar-21 Occupational Safety and Health OSH Management Systems No. The factory does not have the appropriate hazard/risk management and control procedure. Mar-21 Occupational Safety and Health OSH Management Systems No OSH Policy The hazard/risk management and control procedure should include: A 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 Put in place an adequate OSH Policy that is signed by top management 287 BETTER WORK HAITI – 25TH SYNTHESIS REPORT Factory: Location: Number of workers: Date of registration: Date of last two Better Work assessments: Top Choice Apparel Corp Ouanaminthe 1,210 Jan-20 Aug-21 Jun-22 Advisory and Training Services 31-May-22 Training Virtual Financial Literacy. 17-Nov-22 Virtual advisory meeting 1.-Meeting to do Interview with HR about FOA case2.- Advisory meeting to review improvement plan 29-Aug-22 Training BWH-TNG HIV/AIDS 17-Jun-22 Training 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 15-Jun-22 Virtual advisory meeting Advisory meeting to introduce new EA and talk about how to collaborate for the improvement plan. 3-May-22 Virtual Bipartite committee discussion with PICC committee meeting 28-Apr-22 Virtual advisory meeting Advisory service to discuss the bipartite committee and Top Choice's progress in resolving the non-compliance issues. During the meeting, EA also discussed the recent industrial disputes occurred at Top Choice. After the meeting Top Choice Scheduled another meeting to discuss with bi-partite committee member 11-Apr-22 Virtual advisory meeting Advisory service to discuss about all the non compliance, and the bipartite committee ASSESSMENT COMPLIANCE CLUSTER COMPLIANCE POINT DETAILS OF NON COMPLIANCE IMPROVEMENT PRIORITIES REMEDIATION EFFORTS MONTHS Assessment October 2020 Jun-22 Working Time Leave Employer provides less than 12 weeks of maternity leave to pregnant workers. The factory needs to register for OFATMA maternity and health insurance and provide workers with twelve weeks of maternity leave. 16 Jun-22 Working Time Regular Hours Regular hours exceed the legal limit. Factory must revised its regular hours so it can comply with the legal limit of 48 hours per week. 16 288 Correction has been made. Evidence was shared. 6 1.- Last fire drill has been done on February 22, 2022 16 Sources of ignition must be safeguarded. Train workers to recognize risk and dangers related to sources of ignitions Factory has taken measure to prevent workers to put light bulbs in charge. Information is posted on the floor. Evidence has been shared. 6 The evacuation plan does not reflect the layout of the floor. Update and post the evacuation plan on the floor. Repaint the floor to indicate evacuation routes. Evacuation plan has been updated and the evacuation routes clearly marked. Evidence has been sent. 6 Emergency Preparedness the factory has an alarm system. However, there was no smoke detector in the packing area. Install Smoke detector Smoke detector in the packing area was added. Evidence has been sent. 6 Occupational Safety and Health Health Services and First Aid Unidentified container of product found in first aid box and alcohol that was stored in soda container. All first aid products must be properly stored and identified. 6 Jun-22 Occupational Safety and Health Health Services and First Aid No evidence of annual medical checks were present in worker's files. The factory must provide health checks to all workers on a yearly basis. 16 Jun-22 Occupational Safety and Health Health Services and First Aid The factory does not have onsite Factory operate at night also. The medical facilities and staff as factory must have medical staff required by art. 478 and 479 of the onsite for all shift. labor code. Management expressed that workers have access to use the medical facilities of the industrial park. 16 Jun-22 Occupational Safety and Health Health Services and First Aid No evidence of medical checks for workers exposed to work-related hazards were present in workers' files. Medical checks for workers exposed to work-related hazards were performed by the CODEVI medical staff. 16 Fire extinguishers should be identified and be accessible at all time. Jun-22 Occupational Safety and Health Emergency Preparedness One Fire extinguisher was not accessible in the spot cleaning. Several fire extinguishers were not identified in the packing section. Jun-22 Occupational Safety and Health Emergency Preparedness The last fire drill was conducted on The factory must perform a fire drill once every six months. February 2022, and the one before that on March 2021. Jun-22 Occupational Safety and Health Emergency Preparedness The assessors observed rechargeable light bulbs wrap with fabric in packing section which represents a fire hazards. Jun-22 Occupational Safety and Health Emergency Preparedness Jun-22 Occupational Safety and Health Jun-22 The factory must provide health checks twice a year to all workers exposed to chemical products. 289 Jun-22 Occupational Safety and Health Health Services and First Aid Workers were not provided a free medical check within the first 3 months of hiring and they did not receive the health cards within the first 3 months of hiring. The factory must ensure that medical checks are provided to all workers within the first three months of employment. 16 Jun-22 Occupational Safety and Health Welfare Facilities The employer does not have its own eating area, instead workers use the communal eating areas shared with other factories within CODEVI. The factory must work with the park in order to have enough space in the eating area. 16 Jun-22 Occupational Safety and Health Welfare Facilities Drinking water has not been tested by a certified laboratory on a monthly basis. The factory need to ensure that the drinking water is tested on a monthly basis. 16 Jun-22 Occupational Safety and Health Welfare Facilities Insufficient number of toilets The factory needs to increase the number of toilets in the workplace. 16 Jun-22 Occupational Safety and Health Worker Protection The factory does not keep a registry for all persons who present a temperature of 38C and above. They factory must keep a register for workers with a temperature of 38c and above. 16 Jun-22 Occupational Safety and Health Worker Protection Several sewing machines were missing finger guards, eye guards, belt guards and pulley guards. Install the proper guards on all sewing machines. Management say that they are aware of the problem and that they constantly fixing the guards but the workers are removing them 16 Jun-22 Occupational Safety and Health Worker Protection The assessors observed several chairs without backrest in sewing floor and several others in very poor conditions. Provide ergonomic chairs to all workers. Chairs with backrest has been bought to replace those without backrest. Evidence has been sent 6 Jun-22 Occupational Safety and Health Worker Protection The employer has provided proper The factory must provide the PPE to all workers. proper PPE to all workers: - Mask against chemical vapor for workers working in the spot cleaning area. - Support belt for workers doing heavy lifting work. All the PPE were provided to the workers. Training has been done for them. Evidence has been shared. 6 Jun-22 Occupational Safety and Health Chemicals and Hazardous Substances Eye wash station has not been installed in all areas where chemicals are used and stored. Management said they will address this issue shortly. 16 The factory must install eye wash stations in all locations where chemical products are being used. 290 Jun-22 Occupational Safety and Health Chemicals and Hazardous Substances Training was not provided to workers' using chemical and hazardous substances. Provide training to all workers who have access to chemical and hazardous substances. Jun-22 Occupational Safety and Health Chemicals and Hazardous Substances The spot cleaning area does not have proper conditions to prevent unnecessary exposure of workers to chemicals. The factory needs to ensure that the Spot Cleaning area is isolated form the general population. They must provide the proper PPE to workers using chemical products. Extractors must function properly. Limit worker's access to the spot cleaning area. 16 Jun-22 Occupational Safety and Health Chemicals and Hazardous Substances chemical safety data sheets are not available for all products used in the workspace. The factory must ensure that all chemical product in the workplace have the MSDS posted where they are being used. ALL MSDS must be in French or Creole. 16 Jun-22 Occupational Safety and Health Chemicals and Hazardous Substances The storage area is not adequately ventilated and all chemicals were stored together. The factory must keep chemical products in a storage area that is properly ventilated. 16 Jun-22 Occupational Safety and Health Chemicals and Hazardous Substances Unlabelled containers of sewing oil Tee factory must ensure all and 1 container of blow out in the chemical product containers are Mechanic area. properly labelled. 16 Jun-22 Occupational Safety and Health Chemicals and Hazardous Substances The factory does not keep a proper inventory of all chemical and hazardous substances used in the workplace. The factory needs to develop an inventory management system and keep track of all product location. 16 Jun-22 Occupational Safety and Health OSH Management Systems The factory does not submit records of work related accidents to OFATMA on a monthly basis. The factory needs develop a detailed OSH policy, designate a person with the responsibility to record work related accident and to submit them to OFATMA on a monthly basis. 16 Jun-22 Occupational Safety and Health OSH Management Systems The factory did not share evidence of assessment performed on general occupational safety and health on a monthly basis. The factory need to develop a detailed OSH policy, including an internal OSH assessment plan. Management said that the CODEVI training on managing chemicals was postponed to July 2022. Factory has shared evidence of assessment performed on general occupational safety and health in the factory for the month March, Abril and May 2022 16 6 291 Jun-22 Contracts and Human Resources Termination The calculation of the annual salary supplement or bonus upon termination does not include the lunch break payment. The factory must pay the lunch break and include the payment in the calculation of the average daily salary. The factory's management stated they will follow up on that with their legal department. 16 Jun-22 Contracts and Human Resources Termination The calculation unused paid annual leave payment upon termination does not include the lunch break payment. The factory must pay the lunch break and include the payment in the calculation of the average daily salary. The factory's management stated they will follow up on that with their legal department. 16 Jun-22 Contracts and Human Resources Termination The calculation of the payment for the applicable notice period upon termination does not include the lunch break payment. The factory must pay the lunch break and include the payment in the calculation of the average daily salary. The factory's management stated they will follow up on that with their legal department. 16 Jun-22 Contracts and Human Resources Employment Contracts The factory does not have internal work rules approved by the Ministry of Labor. The factory needs to develop an internal work rule and ensure that it is approve by the Ministry of Labor (MAST). Jun-22 Compensation Social Security and Other Benefits The calculation annual salary supplement or bonus does not include the lunch break payment. The factory must pay the lunch break and include the payment in the calculation of for the average daily salary. Jun-22 Compensation Social Security and Other Benefits The factory has not collected and forwarded workers contributions to OFATMA for maternity and health insurance. The factory needs to register for OFATMA maternity and health insurance and forward the payment each month, on a regular basis. Jun-22 Compensation Social Security and Other Benefits Workers' payslips for the last 3 months are not sent to OFATMA for payment of sick and maternity leave. The factory must send workers' payslips to OFATMA for the payment of sick leave and maternity leave. Jun-22 Compensation Social Security and Other Benefits The factory is affiliated with The factory must pay the must be OFATMA for work related accident OFATMA for the accident and the factory has not completed insurance on time . the payment for the fiscal year 2021- 2022. 16 Jun-22 Compensation Social Security and Other Benefits The employer collects but did not forwards workers' contributions to ONA on a monthly basis. The employer must forward ONA contribution on time, by the 10th working day of the following month to cover the payment for the previous month. 16 16 Management explained that they will follow up with their legal department. 16 16 The factory makes the payments and pays 6 weeks of maternity leave payment. 16 292 Jun-22 Compensation Paid Leave The factory did not pay annual leave, Sick leave, maternity leave and the daily break correctly. The factory must pay the lunch break and include the payment in the calculation of the average daily salary Management explained that they will follow up with their legal department. 16 Jun-22 Compensation Paid Leave The lunch breaks is not compensated in the payroll. The factory must compensate the workers for the lunch break, as required by the 3-8 law. Management explained that they will follow up with their legal department. 16 Jun-22 Compensation Paid Leave Maternity leave payments are based on the minimum wages. The factory must register for OFATMA maternity and health insurance, pay workers for the lunch break, include the lunch break payment in the calculation of the average daily salary. Management explained that they will follow up with their legal department. 16 Jun-22 Compensation Paid Leave Sick leave payments are not based on average daily earnings. In addition, the calculation does not include the lunch break payment. The factory must compensate the workers for the lunch break and include the payment in the calculation of the average daily salary. The factory must pay the sick leave based on the average daily salary. Management explained that they will follow up with their legal department. 16 Jun-22 Compensation Paid Leave The annual leave payment is not calculated on worker's daily average earnings The factory must compensate the workers for the lunch break and include the payment in the calculation of the average daily salary. The factory must calculate the payment for annual leave based on the average daily salary. Management explained that they will follow up with their legal department. 16 Assessment August 2021 Aug-21 Compensation Paid Leave The factory did not pay annual leave, Sick leave, maternity leave and the daily break correctly. The factory must pay the lunch break and include the payment in the calculation of the average daily salary Management explained that they will follow up with their legal department. Aug-21 Compensation Paid Leave The lunch breaks is not compensated in the payroll. The factory must compensate the workers for the lunch break, as required by the 3-8 law. Management explained that they will follow up with their legal department. 293 Aug-21 Compensation Paid Leave Maternity leave payments are based on the minimum wages. The factory must register for OFATMA maternity and health insurance, pay workers for the lunch break, include the lunch break payment in the calculation of the average daily salary. Management explained that they will follow up with their legal department. Aug-21 Compensation Paid Leave Sick leave payments are not based on average daily earnings. In addition, the calculation does not include the lunch break payment. The factory must compensate the workers for the lunch break and include the payment in the calculation of the average daily salary. The factory must pay the sick leave based on the average daily salary. Management explained that they will follow up with their legal department. Aug-21 Compensation Paid Leave The annual leave payment is not calculated on worker's daily average earnings The factory must compensate the workers for the lunch break and include the payment in the calculation of the average daily salary. The factory must calculate the payment for annual leave based on the average daily salary. Management explained that they will follow up with their legal department. Aug-21 Compensation Social Security and Other Benefits The employer contribution to ONA is calculated on the minimum salary and does not include the lunch break payment. The factory must calculate ONA contribution based on the average salary. The calculation of the average salary must include the payment for the lunch break. Management explained that they will follow up with their legal department. Aug-21 Compensation Social Security and Other Benefits The employer collects but did not forwards workers' contributions to ONA on a monthly basis. The employer must forward ONA contribution on time, by the 10th working day of the following month to cover the payment for the previous month. Aug-21 Compensation Social Security and Other Benefits The factory is affiliated with OFATMA for accident insurance. However, the payments for the fiscal year 2019-2020 were made on February 2020 instead of December 2019. The factory must pay the must be OFATMA for the accident insurance on time . Aug-21 Compensation Social Security and Other Benefits The factory is not registered with OFATMA for maternity and health insurance. The factory needs to register for OFATMA maternity and health Insurance. Management explained that the factory is ready to register with OFATMA but they are awaiting authorization from the CODEVI industrial park. 294 Aug-21 Compensation Social Security and Other Benefits The factory has not collected and forwarded workers contributions to OFATMA for maternity and health insurance. The factory needs to register for OFATMA maternity and health insurance and forward the payment each month, on a regular basis. Management explained that the factory is ready to register with OFATMA but they are awaiting authorization from the CODEVI industrial park. Aug-21 Compensation Social Security and Other Benefits The calculation for annual salary supplement or bonus does not include the lunch break payment. The factory must pay the lunch break and include the payment in the calculation of for the average daily salary. Management explained that they will follow up with their legal department. Aug-21 Contracts and Human Resources Employment Contracts The factory does not have internal work rules approved by the Ministry of Labor. The factory needs to develop an internal work rule and ensure that it is approve by the Ministry of Labor (MAST). Aug-21 Contracts and Human Resources Termination The calculation of the annual salary supplement or bonus upon termination does not include the lunch break payment. The factory must pay the lunch break and include the payment in the calculation of the average daily salary. Aug-21 Contracts and Human Resources Termination The calculation unused paid annual leave payment upon termination does not include the lunch break payment. The factory must pay the lunch break and include the payment in the calculation of the average daily salary. Aug-21 Contracts and Human Resources Termination The calculation of the payment for the applicable notice period upon termination does not include the lunch break payment. The factory must pay the lunch break and include the payment in the calculation of the average daily salary. Aug-21 Occupational Safety and Health OSH Management Systems The factory did not share evidence of regular assessment performed on general occupational safety and health. The factory need to develop a detailed OSH policy, including an internal OSH assessment plan. Occupational Safety and Health OSH Management Systems The factory records work related accidents however they did not submit them to OFATMA on a monthly basis. The factory needs develop a detailed OSH policy, designate a person with the responsibility to record work related accident and to submit them to OFATMA on a monthly basis. 295 Aug-21 Occupational Safety and Health Chemicals and Hazardous Substances The inventory of chemical and hazardous products is not accurate. The factory needs to develop an inventory management system and keep track of all product location. Aug-21 Occupational Safety and Health Chemicals and Hazardous Substances Unlabelled containers of chemical and hazardous substances found in the workspace. Tee factory must ensure all chemical product containers are properly labelled. Aug-21 Occupational Safety and Health Chemicals and Hazardous Substances Chemicals and hazardous products were not properly stored. The factory must keep chemical products in a storage area that is properly ventilated. Aug-21 Occupational Safety and Health Chemicals and Hazardous Substances MSDS were missing for several chemical and hazardous products used in the workspace. The factory must ensure that all chemical product in the workplace have the MSDS posted where they are being used. ALL MSDS must be in French or Creole. Aug-21 Occupational Safety and Health Chemicals and Hazardous Substances The spot cleaning area does not have proper conditions to prevent unnecessary exposure of workers to chemicals. The factory needs to ensure that the Spot Cleaning area is isolated form the general population. They must provide the proper PPE to workers using chemical products. Aug-21 Occupational Safety and Health Chemicals and Hazardous Substances Eye wash station has not been installed in all areas where chemicals are used and stored. The factory must install eye wash stations in all locations where chemical products are being used. Aug-21 Occupational Safety and Health Worker Protection Several standing workers were not provided with foot rests or shock absorbing mats. The factory needs to provide shock absorbing mats to all standing workers. Aug-21 Occupational Safety and Health Worker Protection The social distance is not respected on the floor in the preparation section, as well as during entry and exit. The factory must develop an awareness raising plan to encourage all workers to respect the social distancing policy. Aug-21 Occupational Safety and Health Worker Protection The factory does not keep a registry for all persons who present a temperature of 38C and above. They factory must keep a register for workers with a temperature of 38c and above. 296 Aug-21 Occupational Safety and Health Working Environment Insufficient light levels in several sections of the workplace: The factory must invest in the proper system to increase the lux level in all sections of the workplace. Aug-21 Occupational Safety and Health Welfare Facilities The employer does not have its own eating area, instead workers use the communal eating areas shared with other factories within CODEVI. The factory must work with the park in order to have enough space in the eating area. Aug-21 Occupational Safety and Health Welfare Facilities Drinking water has not been tested by a certified laboratory on a monthly basis. The factory need to ensure that the drinking water is tested on a monthly basis. Aug-21 Occupational Safety and Health Welfare Facilities Insufficient number of toilets The factory needs to increase the number of toilets in the workplace. Aug-21 Occupational Safety and Health Health Services and First Aid No evidence of annual medical checks were present in worker's files. The factory must provide health checks to all workers on a yearly basis. Aug-21 Occupational Safety and Health Health Services and First Aid Factory operate at night also. The The factory does not have onsite factory must have medical staff medical facilities and staff as required by art. 478 and 479 of the onsite for all shift. labor code. Management expressed that workers have access to use the medical facilities of the industrial park. Aug-21 Occupational Safety and Health Health Services and First Aid No evidence of medical checks for workers exposed to work-related hazards were present in workers' files. The factory must provide health checks twice a year to all workers exposed to chemical products. Medical checks for workers exposed to work-related hazards were performed by the CODEVI medical staff. Aug-21 Occupational Safety and Health Health Services and First Aid Workers were not provided a free medical check within the first 3 months of hiring and they did not receive the health cards within the first 3 months of hiring. The factory must ensure that medical checks are provided to all workers within the first three months of employment. Health Services and First Aid Less than 10 percent of the workforce is trained in First Aid, as recommended by Better Work. The factory must provide first aid training to at least 10 percent of the workers present. Emergency Preparedness The last fire drill was conducted in March 2021, and the one before that in August 2020. The factory must perform a fire drill once every six months. Aug-21 Aug-21 Occupational Safety and Health 1.- Last fire drill has been done on February 22, 2022 297 Occupational Safety and Health Emergency Preparedness Obstructed aisles in several areas of the workspace Keep aisles unobstructed at all times. Aug-21 Occupational Safety and Health Emergency Preparedness The evacuation plan was missing the assembly point. Update and post the evacuation plan on the floor. Repaint the floor to indicate evacuation routes. Aug-21 Occupational Safety and Health Emergency Preparedness Less than 10 percent of the workforce is trained in fire fighting, as recommended by Better Work. The factory needs to train at lest 10 percent of the workers in firefighting. Aug-21 Working Time Leave Employer provides less than 12 weeks of maternity leave to pregnant workers. The factory needs to register for OFATMA maternity and health insurance and provide workers with twelve weeks of maternity leave. 298 BETTER WORK HAITI – 25TH SYNTHESIS REPORT Factory: Location: Number of workers: Date of registration: Date of last two Better Work assessments: Uniwell Apparel, LLC. Ouanaminthe 530 Jan-20 Mar-21 Jun-22 Advisory and Training Services 15-Nov-22 Advisory meeting Virtual OSH tour emergency preparedness, worker protections. Session with the bipartite committee to present the last assessment findings. Meeting with management to discuss about the improvements plan. 28-Oct-22 Training Virtual Introduction to Workers Rights & Responsibilities 1-Sep-22 Training Bipartite Committee training 29-Aug-22 Training Supervisory Skills (SST) 29-Aug-22 Training BWH-TNG HIV/AIDS 28-Apr-22 Training Virtual OSH Event Workshop 25-Apr-22 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. 11-Mar-22 Training Virtual Sexual Harassment Awareness and Prevention for Supervisors 10-Mar-22 Training Virtual Sexual Harassment Awareness and Prevention for Workers ASSESSMENT COMPLIANCE CLUSTER COMPLIANCE POINT DETAILS OF NON COMPLIANCE IMPROVEMENT PRIORITIES REMEDIATION EFFORTS MONTHS Assessment June 2022 Jun-22 Freedom of Association Collective Bargaining Violation of the CBA. Register all employees to OFATMA for work related Accidents, maternity and health insurance. Provide chairs with back rest to all workers and allocate chair for standing workers. 20 Jun-22 Compensation Wage Information, Use and Deduction Assessors were not able to confirm if the payroll include the exact working hours performed by the workers. Keep working time records for at least 12 months. 20 299 Jun-22 Compensation Paid Leave The calculation for annual leave payment does not include the lunch Pay the lunch break and include it break payment. in the calculation of annual leave. 20 Jun-22 Compensation Paid Leave The calculation of sick leave payments are not based on average daily earnings and does not include the lunch break payment. Pay the lunch break and include it in the calculation of sick leave. 20 Jun-22 Compensation Paid Leave The factory only paid 6 weeks of maternity leave where workers are entitled to 12 weeks of payment. Pay the lunch break. Ensure that workers are registered with OFATMA for maternity and Health insurance. 20 Jun-22 Compensation Paid Leave The lunch break is not compensated in the payroll. Discuss legal requirements with the General Manager and Pay the lunch break. 20 Jun-22 Compensation Paid Leave The payment for annual leave, Sick leave, maternity leave and the daily break are not accurate. Discuss legal requirements with the General Manager and Pay the lunch break. 20 Jun-22 Compensation Social Security and Other Benefits The factory is affiliated with OFATMA for work related accident and the factory has not fully completed the payment for the fiscal year 2021- 2022. Pay OFATMA work related accident on time. 20 Jun-22 Compensation Social Security and Other Benefits Pay the lunch break and include it The calculation for the bonus payment does not include the lunch in the calculation of annual salary supplement. break payment. 20 Jun-22 Compensation Social Security and Other Benefits Management interview revealed that workers' pay slip for the last 3 months are not sent to OFATMA for payment of sick and maternity leave. Pay the lunch break. Send workers' pay slip for the last 3 months to OFATMA for payment of sick and maternity leave. 20 Jun-22 Compensation Social Security and Other Benefits Management did not provide proof of payment of employer and workers' contributions to ONA, although deductions are deducted from workers' payroll on a monthly basis. Pay the lunch break Forward worker's and employers' contribution to ONA within the first 10 business days of the next month for the previous month. 20 300 Jun-22 Compensation Social Security and Other Benefits The factory does not collect and forward the employee's contribution to OFATMA. Pay the lunch break. Forward worker's and employers' contribution to OFATMA within the first 10 business days of the next month for the previous month. 20 Jun-22 Contracts and Human Resources Employment Contracts The factory does not have internal work rules approved by the Ministry of Labor. Review the internal work rules. Send the document to MAST for approval. Ensure that all the pages are stamped. 20 Jun-22 Compensation Termination The calculation of the payment for the applicable notice period does not include the lunch break payment. Pay the lunch break and include the payment in the calculation of the notice period. 20 Jun-22 Compensation Termination The calculation of the annual salary supplement upon termination does not include the lunch break payment. Pay the lunch break and include the payment in the calculation of annual salary supplement upon termination. 20 Jun-22 Occupational Safety and Health OSH Management Systems The factory did not conduct a general OSH assessment monthly. Conduct monthly OHS risk assessments in all the various sections of the factory including preventive and remediation action. 20 Jun-22 Occupational Safety and Health OSH Management Systems The factory did not share any list of health committee members and meeting minutes for the last 12 months. Establish an OSH committee. 20 Jun-22 Occupational Safety and Health OSH Management Systems The factory has a system in place to Declare accidents to OFATMA record accidents on a regular basis. monthly. However, work injuries reports are not sent to OFATMA monthly. 20 Jun-22 Occupational Safety and Health OSH Management Systems Management didn't provide any structural safety certificate. Request a structural safety certificate from the city hall. 20 Jun-22 Occupational Safety and Health Chemicals and Hazardous Substances The factory does not keep an inventory of chemical products during the assessment visit. Assign responsible persons for updating inventories of hazardous substances in the various locations where they are stored or used. 20 301 Jun-22 Occupational Safety and Health Chemicals and Hazardous Substances Unlabelled containers of chemical and hazardous substances found in several areas of the workplace. Define who control the chemical container on receipt from supplier and control the label. 20 Jun-22 Occupational Safety and Health Chemicals and Hazardous Substances The assessors noticed that chemicals storage areas are not adequately ventilated. Ensure all chemicals and hazardous substances used in the factory are stored properly. 20 Jun-22 Occupational Safety and Health Chemicals and Hazardous Substances No MSDS were available for chemicals used in the workplace . Keep chemical MSDS for all hazardous chemicals used in the workplace. 20 Jun-22 Occupational Safety and Health Chemicals and Hazardous Substances The employer did not take any action to limit the exposure of employees to chemical vapors. Improve isolation from the chemical (e.g. separate room for spot cleaning). 20 Jun-22 Occupational Safety and Health Chemicals and Hazardous Substances Workers were not trained in using chemical and hazardous substances. Provide training to workers on chemical management. 20 Jun-22 Occupational Safety and Health Worker Protection Management has not provided metal gloves to all workers in the cutting department. Provide employees with all necessary personal protective clothing and equipment according to PPE regulation. 20 Jun-22 Occupational Safety and Health Worker Protection No evidence of training was available. Provide training to workers on PPE. Jun-22 Occupational Safety and Health Worker Protection 15 percent of sewing machines were missing finger guards and eye guards. Define who is in charge of installing and regularly maintaining the machine guards. 20 Jun-22 Occupational Safety and Health Worker Protection The factory did not check the body temperature of all workers as well as visitors. Check the body temperature of all workers as well as visitors. 20 Management explained they will arrange training for workers shortly. 20 302 Jun-22 Occupational Safety and Health Worker Protection The assessors observed several chairs without backrest and in poor condition in the sewing floor. Provide chairs with backrest for all workers. Add this aspect in the daily or weekly checks. 20 Jun-22 Occupational Safety and Health Working Environment Temperature exceed Better Work recommended maximum limit of 30 C. Take action to reduce the temperature ( opening in the roof, water curtain, additional fans). 20 Jun-22 Occupational Safety and Health Welfare Facilities Insufficient number of toilet. Increase the number of toilets as required by law. 20 Jun-22 Occupational Safety and Health Welfare Facilities During the assessment visit Soap and Paper were not available in men and women restrooms. Define who will check that soap and paper is available (and include this in the system of daily-weekly checks). 20 Jun-22 Occupational Safety and Health Welfare Facilities The water test is not conducted on a monthly basis by a certified laboratory. Defines who organise monthly test about the quality of the drinking water. 20 Jun-22 Occupational Safety and Health Welfare Facilities The eating areas do not have the capacity to accommodate all workers. Ensure the factory has it own eating area that can accommodate all the workers. 20 Jun-22 Occupational Safety and Health Health Services and First Aid Workers did not receive the health cards within the first 3 months of hiring. Request health cards to OFATMA within the first 3 months of hiring. 20 Jun-22 Occupational Safety and Health Health Services and First Aid No evidence of medical checks for workers exposed to work-related hazards were present in worker's files. Provide health checks at not cost for the workers as required by law. Take action based on the results. 20 Jun-22 Occupational Safety and Health Health Services and First Aid No evidence of annual medical checks were present in worker's files. Provide health checks at not cost for the workers. 20 303 Jun-22 Occupational Safety and Health Health Services and First Aid The factory does not have onsite medical facilities and staff as required by art. 478 and 479 of the labor code. Hire the required medical staff. 20 Jun-22 Occupational Safety and Health Health Services and First Aid The total number of workers trained Train at least 10 percent of the in first aid is less than 10 percent of workforce the workforce as recommended by Develop a monitoring log. Better Work. 20 Jun-22 Occupational Safety and Health Emergency Preparedness The factory did not share a fire fighting maintenance report conducted by a certified company. Request an annual fire fighting maintenance report conducted by a certified company. 20 Jun-22 Occupational Safety and Health Emergency Preparedness Aisles were obstructed in several areas of the workplace. Provide additional space for storing goods. Specify who conduct daily weekly checks (and include this in the system of daily-weekly checks). 20 Jun-22 Occupational Safety and Health Emergency Preparedness Emergency drill are not conducted every 6 months. Conduct at least 2 emergency drill per calendar year with the authorities (incl. full evacuation of the workforce). 20 Jun-22 Occupational Safety and Health Emergency Preparedness During the evaluation visit, the assessors noticed a rechargeable lamp wrapped in a piece of fabric which represents a fire hazard. lb. Display picture of electrical hazards. Factory electrician to conduct more regularly checks (include this aspect in the system of daily-weekly checks). 20 Jun-22 Occupational Safety and Health Emergency Preparedness Less than 10 percent of workers were trained in fire-fighting equipment. Train at least 10 percent of the workforce. Develop a monitoring log. 20 Jun-22 Working Time Regular Hours Pregnant women are not provided with 2 additional breaks of 30 minutes. Develop a procedure for pregnant women. 20 Jun-22 Working Time Regular Hours The working time records are not accurate because regular hours and overtime are not displayed. Use a form to request overtime from workers which includes the number of hours required and a space for worker signature. 20 304 Jun-22 Working Time Leave Workers revealed that they had not received 15 days of annual leave. Give workers the required time for annual leave. 20 Jun-22 Working Time Leave Pregnant workers do not go on leave 6 weeks before giving birth. Pregnant workers should receive 6 weeks of maternity leave before giving birth and 6 weeks after. 20 Jun-22 Contracts and Human Resources Employment Contracts The employer did not investigate violations of HR policies and procedures, identifies weaknesses and make necessary adjustments to prevent recurrence. Develop a procedure on HR performance indicators. Have in place a monitoring systems. 20 Jun-22 Contracts and Human Resources Employment Contracts The factory does not have an adequate disciplinary and termination procedures. Develop a disciplinary and termination procedures that include: A clear specification of unacceptable behaviors or performance. 20 Jun-22 Contracts and Human Resources Employment Contracts The grievance procedure does not ensure anonymity. In addition, the grievance procedures were not available in a local language. Review the grievance procedure to ensure anonymity and translate it in local language. 20 Jun-22 Contracts and Human Resources Employment Contracts Recruitment procedure is not adequate. Develop a recruitment procedure that include: Hiring criteria that are applied equally to all job applicants. 20 Jun-22 Occupational Safety and Health OSH Management Systems Management did not show evidence of: Appointing an OSH officer with sufficient expertise, ensuring effective functioning of OSH committee. Appoint an OSH officer with sufficient expertise and ensure effective functioning of the OSH committee. 20 Jun-22 Occupational Safety and Health OSH Management Systems The factory did not effectively communicates and implements OSH policies. Post names of OSH committee members, policies and work instructions. 20 305 Jun-22 Occupational Safety and Health OSH Management Systems The employer does not adequately Investigates monitors and investigates monitors and measures measures OSH issues through: Regular management review of OSH issues. effectiveness of management system including performance on measurable objectives and targets. 20 Jun-22 Occupational Safety and Health OSH Management Systems The factory does not has an accurate accident investigation procedure. Develop an accident investigation procedure that includes: Implementation of changes in order to avoid reoccurrence. 20 Jun-22 Occupational Safety and Health OSH Management Systems The factory does not have an adequate hazard/risk management and control procedure. Develop a hazard/risk management and control procedure that includes: A systematic approach to identifying hazards. 20 Jun-22 Occupational Safety and Health OSH Management Systems The factory has an OSH policy that is not signed by top management. Develop the policy in consultation with workers and their representatives, Include measurable objectives and improvement targets. 20 Assessment March 2021 Mar-21 Occupational Safety and Health OSH Management Systems The employer does not have an adequate OSH Policy that is signed by top management. Develop the policy in consultation with workers and their representatives, Include measurable objectives and improvement targets. Mar-21 Contracts and Human Resources Contracts and HR Management Systems The factory does not have an appropriate COVID-19 protocol t Review the existing protocol. Mar-21 Occupational Safety and Health OSH Management Systems The factory does not have an adequate hazard/risk management and control procedure. Include in the procedure -A hierarchy of controls that is used to select effective controls. - A risk register that drives the implementation of controls. 306 Mar-21 Occupational Safety and Health OSH Management Systems The factory does not has an appropriate accident investigation procedure. Develop an accident investigation procedure that includes: Root cause analysis, focus on sustainable solutions, Implementation of changes in order to avoid reoccurrence. Mar-21 Occupational Safety and Health OSH Management Systems The employer does not adequately investigate, monitor and measure OSH issues to identify root causes and make necessary adjustments to prevent recurrence. investigate, monitor and measure OSH issues to identify root causes and make necessary adjustments to prevent recurrence. Mar-21 Occupational Safety and Health OSH Management Systems The employer does not adequately communicate and implement OSH policies and procedures. Communicate and implement OSH policies and procedures. Mar-21 Occupational Safety and Health OSH Management Systems The employer does not adequately Assign accountability to assign accountability to management for carrying out management for carrying out health health and safety responsibilities. and safety responsibilities. Mar-21 Contracts and Human Resources Contracts and HR Management Systems The employer does not have adequate grievance handling and dispute resolution procedures. The procedure need to ensure anonymity. Mar-21 Contracts and Human Resources Contracts and HR Management Systems The employer does not have adequate disciplinary and termination procedures. The procedure must include: The time frame between warnings. The right to defend oneself prior to termination and to representation during the disciplinary process. Mar-21 Contracts and Human Resources Contracts and HR Management Systems The employer does not adequately communicate and implement HR policies and procedures. The communication on HR policies and procedures must include : Staff training on how to carry out policies and procedures. Mar-21 Working Time Leave Workers did not receive 15 days of annual leave after one year of service, as required by law. Have an agreement with the workers and request authorisation from MAST Mar-21 Working Time Regular Hours Working time records is not accurate. Keep working time records for at least 12 months 307 Although pregnant women get 15 minutes as additional breaks besides lunch time, this total time does not comply with the national law, At time of assessment, the employer did not post the factory's working hours for all shifts including break time. Provide two additional breaks of 30 minutes each per day. Emergency Preparedness The factory provides fire-fighting training. However, the total number of workers trained in fire-fighting is less 10 percent of the workforce. Trained 10 percent of the workforce. Occupational Safety and Health Emergency Preparedness The last fire drill was conducted in February 2020 and the one before that, in September 2019. Conduct at least 1 emergency drill every six months. One Fire Drill has been conducted in August 2021 and records are kept. Mar-21 Occupational Safety and Health Emergency Preparedness The emergency exit number 6 was locked and obstructed during working hours. Give instruction to security staff not to close gates in case of fire or when they go to toilets). The door number 6 is no longer an emergency door. Mar-21 Occupational Safety and Health Emergency Preparedness Although the factory has enough fire extinguishers, assessors observed that one fire extinguishers is missing and the space is obstructed by a rack. Specify who is in charge of regularly checking the fire extinguishers and include this in the system of dailyweekly checks Mar-21 Occupational Safety and Health Emergency Preparedness The fire alarm was obstructed by a rack. Ensure the fire detection and alarm system suitable for the factory conditions remain unobstructed during working hours. Mar-21 Occupational Safety and Health Health Services and First Aid The total number of workers trained Provide additional training on first aid. in first aid is less 10 percent of the workforce. Mar-21 Occupational Safety and Health Health Services and First Aid Provide health checks at not cost No evidence of annual medical for workers. checks were present in worker's files. Worker interviews across the factory also confirmed such medical checks were not performed. Mar-21 Working Time Regular Hours Mar-21 Working Time Regular Hours Mar-21 Occupational Safety and Health Mar-21 Post the factory's working hours for all shifts including break time. A third party company is checking the alarm system on a monthly basis 308 Mar-21 Occupational Safety and Health Health Services and First Aid No evidence of medical checks for workers exposed to work-related hazards were present in worker's files. Provide health checks twice a year at not cost for the workers. Mar-21 Occupational Safety and Health Health Services and First Aid No evidence of medical checks performed within the first 3 months of hiring were present in worker's files. Pay the CDS and provide free health checks to workers. Mar-21 Occupational Safety and Health Welfare Facilities Provide additional eating area and ensure it can accommodate all workers. Mar-21 Occupational Safety and Health Welfare Facilities The eating areas do not have the capacity to accommodate all workers even if the factories have different lunch schedules to decrease agglomeration of workers. In addition, the social distance of 1.5 meters could not be respected at lunch time. During the assessment management did not present any internal water test results reflecting the state of the water. Mar-21 Occupational Safety and Health Welfare Facilities Insufficient number of toilet for women. Ensure that the factory has12 functioning toilets for women. Mar-21 Occupational Safety and Health Worker Protection Keep a registry for all persons who present a temperature of 38C and above. Mar-21 Occupational Safety and Health Worker Protection The factory did not check all workers and visitors body temperature upon entry in a systematic way and does not keep a registry for all persons who present a temperature of 38C and above. The factory takes the appropriate measures to respect workers' physical and social distance. However, the distance is not respected on the floor and the eating area during the lunch break, as well as during entry and leaving. Defines who organise regularly test about the quality of the drinking water on a monthly basis. Ensure the social distance is respected during working hours, as well as during entry and leaving. The factory is doing the water test every three months. 309 Mar-21 Occupational Safety and Health Worker Protection Assessors observed that two electrical panels in the cafeteria and in the generator room were missing hazard signs . Post the hazard signs on all electrical panel. Mar-21 Occupational Safety and Health Worker Protection About 30 percent of workers do not use their masks to prevent the risks of exposure to COVID-19. Train workers on the proper use of the mask. Mar-21 Occupational Safety and Health Chemicals and Hazardous Substances The factory did not provide any training records for workers and supervisors using chemical and hazardous substances. Provide more trainings to workers on chemical and hazardous substances. Mar-21 Occupational Safety and Health Chemicals and Hazardous Substances The spot cleaning area did not have the proper conditions to prevent unnecessary exposure of workers to chemicals. Improve isolation from the chemical (separate room for spot cleaning). Mar-21 Occupational Safety and Health Chemicals and Hazardous Substances During the factory tour several hazardous chemicals were found without chemical safety data sheets. Keep chemical MSDS for all hazardous chemicals used in the workplace. Mar-21 Occupational Safety and Health Chemicals and Hazardous Substances Ensure all chemicals and hazardous Bottle eye wash station has been installed in the substances used in the factory are chemical storage area. stored properly. Mar-21 Occupational Safety and Health Chemicals and Hazardous Substances The chemical storage area was not properly constructed in the factories. There are no signs to advise precautions or hazards. In addition, this section do not have all the safety requirements for chemical storage Four container of machine oil in the mechanic shop with no labelling indicating chemical classification, hazards and safety precautions. Mar-21 Occupational Safety and Health Chemicals and Hazardous Substances The employer did not provide evidence of inventory tracking for chemicals and hazardous substances used in the workplace, with names of substances, approximate amount and locations of storage. Define who control the chemical container on receipt from supplier and control the label. Assign responsible persons for updating inventories of hazardous substances in the various locations where they are stored or used. 310 Mar-21 Occupational Safety and Health OSH Management Systems The factory does not record and submit work related accidents to OFATMA on a monthly basis. Declare accidents to OFATMA on a monthly basis. Mar-21 Occupational Safety and Health OSH Management Systems There is no OSH bipartite committee in factory to ensure cooperation between workers and management in the workplace on occupational health and safety issues. Establish an OSH committee. Mar-21 Occupational Safety and Health OSH Management Systems At the time of assessment visit, the employer did not perform an evaluation of general occupational safety and health issues in the workplace. Assign someone to conduct monthly OSH assessment. Keep the assessment reports for at least 12 months. Mar-21 Contracts and Human Resources Termination The employers pays workers their annual salary supplement upon termination. However, the calculation of the basic salary does not include the lunch break payment. Pay the lunch break, Ensure the payment for annual salary supplement upon termination is based on the daily average earnings. Mar-21 Contracts and Human Resources Termination The employer compensates workers Pay the lunch break, Ensure the for unused paid annual leave upon payment for annual leave is based on the daily average earnings. termination. However, the calculation of the basic salary does not include the lunch break payment. Mar-21 Contracts and Human Resources Termination The employer provides the payment for the applicable notice period. However, the calculation of the average earning does not include the lunch break payment. Pay the lunch break and ensure the notice payment is based on the daily average earnings. Mar-21 Contracts and Human Resources Employment Contracts The factory does not have internal work rules approved by the Ministry of Labor. Submit the internal work rules to the Ministry for proper authorization. Mar-21 Contracts and Human Resources Employment Contracts A review of worker contracts revealed that the apprentice contracts were not approved by MAST, as legally mandated. Ensure the apprentice contracts are approved by MAST The bipartite committee is also served as the OSH committee. 311 Mar-21 Compensation Social Security and Other Benefits The employer pays workers for annual salary supplement or bonus. However, the calculation does not include the lunch break payment. Include the lunch break payment in the calculation for annual salary supplement. Mar-21 Compensation Social Security and Other Benefits The factory has not collected and forwarded workers' contribution to OFATMA for maternity and health insurance. Register with OFATMA for maternity and health insurance. Mar-21 Compensation Social Security and Other Benefits The factory has not registered with OFATMA for maternity and health insurance. Register with OFATMA for maternity and health insurance. Mar-21 Compensation Social Security and Other Benefits The factory said it is affiliated with OFATMA for accident insurance. No proof of payment for the fiscal year 2019,2020 and 2020-2021 were available. Ensure that payment for work related accident is made in a timely manner. Furthermore, it represents 3 percent of the payroll effective for the fiscal year 2019-2020. Mar-21 Compensation Social Security and Other Benefits The employers collect but did not forwards workers' contributions to ONA. Submit ONA payments on time, within the first 10 working days of each month for the previous month. Mar-21 Compensation Social Security and Other Benefits The employer's contribution to ONA is calculated on the minimum salary. Furthermore, the calculation does not include the lunch break payment. Pay the lunch break and submit ONA payments on time, within the first 10 working days of each month for the previous month. Mar-21 Compensation Paid Leave Payment for annual leave, Sick leave, maternity leave and the daily break are not accurate. Pay the lunch break. Mar-21 Compensation Paid Leave Documentation reviews and workers' interviews revealed that workers are entitled to 1 hour lunch break. However, the lunch breaks is not compensated in the payroll. Pay the lunch break. Mar-21 Compensation Paid Leave The maternity leave payment register and payroll records show that maternity leave payments are not based on average earnings. Pay the lunch break and ensure maternity leave payments are based on average earnings. 312 Mar-21 Compensation Paid Leave Mar-21 Compensation Paid Leave Mar-21 Compensation Wage Information, Use and Deduction Sick leave payments are not based on average daily earnings. Furthermore, the calculation does not include the lunch break payment The employer pays workers for annual leave. However, the calculation does not include the lunch break payment. Pay the lunch break and ensure sick leave payments are based on average earnings. Payroll record is not accurate. Have an accurate attendance recording system. Pay the lunch break and include it in the calculation of annual leave. 313 BETTER WORK HAITI – 25TH SYNTHESIS REPORT Factory: Location: Number of workers: Date of registration: Date of last two Better Work assessments: The Willbes Haitian 2A S.A. Port-au-Prince 1,081 Sep-10 Oct-21 Oct-22 Notes: Factory was temporarily closed in September and October Advisory and Training Services 10-Jun-22 Virtual Advisory meeting Meeting to discuss about: Documentation for 5 union workers who were fired. MSDS issues PPE for workers 06-May-22 20-Apr-22 Training Virtual advisory meeting Virtual Bipartite Training Meeting with the compliance team for the implementation of a bipartite committee Review of the improvement plan 19-Apr-22 24-Nov-21 Virtual advisory meeting Virtual advisory meeting Meeting for the year. Improvement plan review and data actualization. Meeting with management to discuss the lunch break payment. Discuss the improvement plan. Meeting with PICC on latest concerns regarding workers with disabilities. 17-Sep-21 13-May-21 Training Advisory meeting Virtual Preventing and Addressing Sexual Harassment and Abuse. 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. ASSESSMENT COMPLIANCE CLUSTER COMPLIANCE POINT DETAILS OF NON COMPLIANCE IMPROVEMENT PRIORITIES REMEDIATION EFFORTS MONTHS Assessment October 2022 Oct-22 Occupational Safety and Health OSH Management Systems The employer does not adequately assigns health and safety responsibilities to HR and Top management. Management should assigned accountability at the level of OSH committee for carrying out Health and Safety responsibilities by ensuring effective functioning of the OSH committee. Hold regular meeting and document the meeting. 2 314 Oct-22 Occupational Safety and Health OSH Management Systems Oct-22 Occupational Safety and Health OSH Management Systems Oct-22 Occupational Safety and Health OSH Management Systems Oct-22 Contracts and Human Resources Termination The annual salary supplement upon termination is not accurate. Pay the lunch break payment and Corrective action is being include it in the calculation of the discussed with Korea office. average daily salary. 10 Oct-22 Contracts and Human Resources Termination The payment for annual leave upon termination is not accurate. Pay the lunch break payment and Corrective action is being include it in the calculation of the discussed with Korea office. average daily salary. 10 Oct-22 Contracts and Human Resources Termination The payment for the applicable notice period upon termination is not accurate. Pay the lunch break payment and Corrective action is being include it in the calculation of the discussed with Korea office. average daily salary. 10 Oct-22 Contracts and Human Resources Employment Contracts The internal work rules do not have Update the internal rules to cover Corrective action is being all the necessary elements. the break times, different discussed with Korea office. categories of workers and their wages, date and time for wage payment. 10 The employer does not adequately The employer need to investigate investigate and monitor OSH and monitor OSH issues through: issues. did not show evidence of that the employer investigates monitors and measures OSH issues through: Regular test, survey and inspections Logging and analysis of violations of procedures Regular management review of effectiveness of management system including performance on bl bjshould i review d the The factory does not have an The employer adequate hazard/risk management procedure to include: and control procedure. A 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 The factory does not have an The OSH policy should be signed adequate OSH Policy. by top management. It should establish measurable objectives and improvement targets. 2 2 2 315 Oct-22 Working Time Regular Hours The employer has not posted the Post the working hours for all factory's working hours for all shifts shifts on the factory floor. including break time on the floor. Facility will ensure to post the working hours including the break time. 10 Oct-22 Child Labour Child Labourers The total number of workers trained Train the appropriate number of in fire-fighting is less than 10 workers in fire fighting. percent of the workforce as recommended by Better Work. This issue was reported by mistake. Fire fighting trainings are always conducted with the 10% of the workforce. 10 List of participants from the last training has been shared. The total is more than 10% Oct-22 Occupational Safety and Health Emergency Preparedness Obstructed emergency exits. Oct-22 Occupational Safety and Health Emergency Preparedness Oct-22 Occupational Safety and Health Emergency Preparedness Oct-22 Occupational Safety and Health Health Services and First Aid Clear all emergency exits of obstruction. During video tour, advisor noticed all emergency exit were cleared. 10 Inaccurate evacuation plan. Review the evacuation plan to Evacuation plan is not posted in all include all the sections in the building. factory and post it in all the buildings. Evacuation plan for the mezzanine of building 43 is posted. Facility will ensure to post evacuation plan for the mezzanine of building 42. 32 Insufficient number of fire extinguishers. Facility will ensure to install one fire extinguisher at cutting section and properly maintain all of them. This issue was reported by mistake. First aid trainings are always conducted with the 10% of the workforce. 32 Ensure that all fire extinguisher are present on the floor. Perform regular checks of all fire extinguishers. The total number of workers trained Train the appropriate number of in first aid is less than 10 percent of workers in first aid. the workforce as recommended by Better Work. 10 Factory has sent list of participants from last training. the number total is more than 10%. Oct-22 Occupational Safety and Health Health Services and First Aid Insufficient medical staff. Have adequate number of nurses. 117 Oct-22 Occupational Safety and Health Welfare Facilities Factory has not conducted a water Conduct a water test on a test on a monthly basis. monthly basis to ensure that drinking water provided to worker is safe. 10 316 Oct-22 Occupational Safety and Health Welfare Facilities Insufficient number of toilet for women. Increase the number of toilet for the workforce, as required by law. 32 Oct-22 Occupational Safety and Health Working Environment Level of lighting was insufficient in several sections. Increase light level in the sewing, pressing and cutting section. 40 Oct-22 Occupational Safety and Health Working Environment The noise levels was inadequate in Keep noise level below 90 db. the pressing section of building 43. 32 Oct-22 Occupational Safety and Health Working Environment Temperature exceeded 30C in all working sections. Keep the temperature level at 30C or lower. 40 Oct-22 Occupational Safety and Health Worker Protection The factory does not check all workers and visitors body temperature upon entry in a systematic way. Systematically check all workers Workers and visitors body and visitors body temperature temperature will be check upon upon entry and keep a registry for entry in a systematic way. all persons who present a temperature of 38C and above. 10 Oct-22 Occupational Safety and Health Worker Protection The distance is not respected on the floor. Ensure that 1.5 meter of social distance is observed in the workplace. Facility will take the necessary measures to respect workers' physical and social distance. 10 Oct-22 Occupational Safety and Health Worker Protection Electrical panel and circuit breaker are not properly identified. Identify all electric panel and circuit breaker in all buildings. Label all circuit breakers to identify their purpose. Electrical panels and breakers will be properly identified. 10 Oct-22 Occupational Safety and Health Worker Protection Several sewing machines were missing eye guards and finger guards. Install adequate guards on all sewing machines. Facility will ensure to have all sewing machines with its respective guards installed. 10 Oct-22 Occupational Safety and Health Worker Protection Several standing workers were not provided with foot rests or shock absorbing mats. Provide foot rests or shock absorbing mats to all the standing workers. Facility will provide standing mats to all workers in standing working position. 10 Oct-22 Occupational Safety and Health Worker Protection The employer has not provided proper PPE to all workers. Provide adequate personal Facility will provide all workers protective equipment to workers. with the correspondent PPE. 95 Oct-22 Occupational Safety and Health Chemicals and Hazardous Substances No eye wash station installed in the Installs eye wash station the mechanic workshop and chemical mechanic workshop of building warehouse. 36 and chemical warehouse. Facility has eye wash station installed where chemicals are used. It is not necessary to install an eye wash station at the mechanic workshop. 27 317 Oct-22 Occupational Safety and Health Chemicals and Hazardous Substances Several hazardous chemicals were Provide MSDS with complete found without chemical safety data information where the chemical sheets. products are used and stored. Facility will ensure to have MSDS available for all chemical substances. 32 Oct-22 Occupational Safety and Health Chemicals and Hazardous Substances Unlabelled containers of chemicals Label all containers of chemical found in the workplace. products used in the factory. Cleaning guns in the spot cleaning of building 37 and building 42 will be properly labelled. 32 Oct-22 Occupational Safety and Health Chemicals and Hazardous Substances The inventory was not accurate and Update the inventory of chemical Facility will ensure to have all did not include all chemicals used accordingly. chemical substances include in in the workplace. the inventory. 10 Oct-22 Contracts and Human Resources Employment Contracts Contractual workers do not understand the terms and condition of employment. In addition, their files are missing a written contract. Ensure that workers have a copy of a copy of the written contract and are informed of the internal work rules. 10 Oct-22 Compensation Social Security and Other Benefits The annual salary supplement or bonus does not include the lunch break payment. Pay the lunch break payment and Corrective action is being include it in the calculation of the discussed with Korea office. average daily salary. 10 Oct-22 Compensation Social Security and Other Benefits The workers' contributions to OFATMA does not include the lunch break payment. Pay the lunch break payment and Corrective action is being include it in the calculation of the discussed with Korea office. average daily salary. 25 Oct-22 Compensation Social Security and Other Benefits The employer contribution to OFATMA does not include the lunch break payment. Pay the lunch break payment and Corrective action is being include it in the calculation of the discussed with Korea office. average daily salary. 25 Oct-22 Compensation Social Security and Other Benefits The workers' contributions to ONA Pay the lunch break payment and Corrective action is being does not include the lunch break include it in the calculation of the discussed with Korea office. payment. average daily salary. 25 Oct-22 Compensation Social Security and Other Benefits The employer contribution to ONA Pay the lunch break payment and Corrective action is being does not include the lunch break include it in the calculation of the discussed with Korea office. payment. average daily salary. 25 Oct-22 Compensation Paid Leave Annual leave and sick leave payments do no include the lunch break payment. 10 Human Resources manager will ensure that Terns and condition of employment are properly explained to contract workers . Files will be properly kept. Pay the lunch break payment and Corrective action is being include it in the calculation of the discussed with Korea office. average daily salary. 318 Oct-22 Compensation Paid Leave Lunch breaks is not compensated in the payroll. Pay the lunch break payment and Corrective action is being include it in the calculation of the discussed with Korea office. average daily salary. 10 Oct-22 Compensation Paid Leave Sick leave payment does not include the lunch break payment. Pay the lunch break payment and Corrective action is being include it in the calculation of the discussed with Korea office. average daily salary. 10 Oct-22 Compensation Paid Leave Maternity leave payment does not Ensure that maternity leave Corrective action is being include the lunch break payment. include the lunch break payment, discussed with Korea office. 10 Oct-22 Compensation Paid Leave Annual leave payment does not include the lunch break payment. 10 Oct-21 Working Time Regular Hours Factory's working hours are not posted on the floor. Post working hours for all shift including break time. Facility has posted the working hours including the break time. Management has clear to post working hours in all the premises. Oct-21 Occupational Safety and Health Emergency Preparedness Less than 10 percent of the Ensure that 10 percent of the workforce is trained in fire-fighting. workforce is trained in firefighting training. The trainings are always conducted with the 10% of the workforce and management will ensure to share the evidence to Better Work since the evidence were not made available at the time of the visit. Oct-21 Occupational Safety and Health Emergency Preparedness Obstructed emergency exits. Oct-21 Occupational Safety and Health Emergency Preparedness Inaccurate or missing evacuation plan. Oct-21 Occupational Safety and Health Emergency Preparedness Pay the lunch break payment and Corrective action is being include it in the calculation of the discussed with Korea office. average daily salary. Assessment October 2021 Ensure all exits remain unobstructed. Update post the evacuation plan Evacuation plan for the for all buildings. mezzanine of building 43 is posted. Facility will ensure to post evacuation plan for the mezzanine of building 42. Install missing extinguishers and Facility will ensure to install one Missing fire extinguisher in the fire extinguisher at cutting cutting section and another one in the missing inspection tag. section and properly maintain the packing section was missing the Ensure that extinguisher are inspection tag. checked on a daily basis. all of them. 319 Oct-21 Occupational Safety and Health Health Services and First Aid Less than 10 percent of the workforce is trained in first-aid training. Ensure that 10 percent of the workforce is trained in first-aid training. Oct-21 Occupational Safety and Health Health Services and First Aid Insufficient medical staff. Have adequate number of nurses. Oct-21 Occupational Safety and Health Welfare Facilities Factory has not conducted a water Conduct a water test on a test on a monthly basis. monthly basis to ensue that drinking water provided to worker is safe. Oct-21 Occupational Safety and Health Welfare Facilities Insufficient number of toilet for women. Have adequate number of toilet for the workforce, as required by law. Oct-21 Occupational Safety and Health Working Environment Level of lighting was insufficient in several sections. Increase light level in the sewing, pressing and cutting section. Oct-21 Occupational Safety and Health Working Environment The noise levels was inadequate in Keep noise level below 90 db. the pressing section of building 43. Oct-21 Occupational Safety and Health Working Environment Temperature exceeded 30C in all working sections. Oct-21 Occupational Safety and Health Worker Protection Oct-21 Occupational Safety and Health Worker Protection Systematically check all workers Workers and visitors body The factory did not check all and visitors body temperature temperature will be check upon workers and visitors body upon entry and keep a registry for entry in a systematic way. temperature upon entry in a systematic way. The factory does all persons who present a temperature of 38C and above. not keep a registry for all persons who present a temperature of 38C and above The social distance is not respected Ensure that 1.5 meter of social Facility will take the necessary on the floor in the workplace. distance is observed in the measures to respect workers' workplace. physical and social distance. Oct-21 Occupational Safety and Health Worker Protection Unidentified electrical panels and circuit breakers. The trainings are always conducted with the 10% of the 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 Keep the temperature level at 30C or lower. Identify all electrical panels and circuit breakers. Electrical panels and breakers will be properly identified. 320 Oct-21 Occupational Safety and Health Worker Protection Several sewing machines were missing eye guards and finger guards. Install adequate guards on all sewing machines. Facility will ensure to have all sewing machines with its respective guards installed. Oct-21 Occupational Safety and Health Worker Protection Several standing workers were not provided with foot rests or shock absorbing mats. Provide foot rests or shock absorbing mats to all the standing workers. Facility will provide standing mats to all workers in standing working position. Oct-21 Occupational Safety and Health Worker Protection The employer has not provided proper PPE to all workers. Provide adequate personal Facility will provide all workers protective equipment to workers. with the correspondent PPE. Oct-21 Occupational Safety and Health Chemicals and Hazardous Substances No eye wash station installed in the Installs eye wash station the mechanic workshop and chemical mechanic workshop of building warehouse. 36 and chemical warehouse. Facility has eye wash station installed where chemicals are used. It is not necessary to install an eye wash station at the mechanic workshop. Oct-21 Occupational Safety and Health Chemicals and Hazardous Substances Several hazardous chemicals were Provide MSDS with complete found without chemical safety data information where the chemical sheets. products are used and stored. Facility will ensure to have MSDS available for all chemical substances. Oct-21 Occupational Safety and Health Chemicals and Hazardous Substances Unlabelled containers of chemicals Label all containers of chemical found in the workplace. products used in the factory. Cleaning guns in the spot cleaning of building 37 and building 42 will be properly labelled. Oct-21 Occupational Safety and Health Chemicals and Hazardous Substances The inventory was not accurate and Update the inventory of chemical Facility will ensure to have all did not include all chemicals used accordingly. chemical substances include in in the workplace. the inventory. Oct-21 Occupational Safety and Health OSH Management Systems The record of accident for the month of October 2020 was unavailable. Oct-21 Contracts and Human Resources Termination The annual salary supplement Pay the lunch break payment and Corrective action is being upon termination does not include include it in the calculation of the discussed with Korea office. the lunch break payment. average daily salary. Oct-21 Contracts and Human Resources Termination The payment for annual leave Pay the lunch break payment and Corrective action is being upon termination. does not include include it in the calculation of the discussed with Korea office. the lunch break payment. average daily salary. Oct-21 Contracts and Human Resources Termination The payment for the applicable notice period upon termination does not include the lunch break payment. Submit the record of work related Facility ensured to send to accident to OFATMA on a OFATMA records work related monthly basis. accidents on a monthly basis. Pay the lunch break payment and Corrective action is being include it in the calculation of the discussed with Korea office. average daily salary. 321 Oct-21 Contracts and Human Resources Employment Contracts The internal work rules do not cover Update the internal rules to add the break times, different categories the missing information. of workers and their wages, date and time for wage payment. Oct-21 Contracts and Human Resources Employment Contracts Contractual workers do not understand the terms and condition of employment. Oct-21 Compensation Social Security and Other Benefits The annual salary supplement or bonus does not include the lunch break payment. Human Resources manager will ensure that Terns and condition of employment are properly explained to contract workers . Files will be properly kept. Pay the lunch break payment and Corrective action is being include it in the calculation of the discussed with Korea office. average daily salary. Oct-21 Compensation Social Security and Other Benefits The workers' contributions to OFATMA does not include the lunch break payment. Pay the lunch break payment and Corrective action is being include it in the calculation of the discussed with Korea office. average daily salary. Oct-21 Compensation Social Security and Other Benefits The employer contribution to OFATMA does not include the lunch break payment. Pay the lunch break payment and Corrective action is being include it in the calculation of the discussed with Korea office. average daily salary. Oct-21 Compensation Social Security and Other Benefits The workers' contributions to ONA Pay the lunch break payment and Corrective action is being does not include the lunch break include it in the calculation of the discussed with Korea office. payment. average daily salary. Oct-21 Compensation Social Security and Other Benefits The employer contribution to ONA Pay the lunch break payment and Corrective action is being does not include the lunch break include it in the calculation of the discussed with Korea office. payment. average daily salary. Oct-21 Compensation Paid Leave Annual leave and sick leave payments do no include the lunch break payment. Pay the lunch break payment and Corrective action is being include it in the calculation of the discussed with Korea office. average daily salary. Oct-21 Compensation Paid Leave Lunch breaks is not compensated in the payroll. Pay the lunch break payment and Corrective action is being include it in the calculation of the discussed with Korea office. average daily salary. Oct-21 Compensation Paid Leave Sick leave payment does not include the lunch break payment. Pay the lunch break payment and Corrective action is being include it in the calculation of the discussed with Korea office. average daily salary. Corrective action is being discussed with Korea office. Ensure that workers have a copy of a copy of the written contract and are informed of the internal work rules. 322 Oct-21 Compensation Paid Leave Annual leave payment does not include the lunch break payment. Pay the lunch break payment and Corrective action is being include it in the calculation of the discussed with Korea office. average daily salary. Oct-21 Interference and Discrimination Wrongful termination of 6 union leaders. Reinstate the 6 union leaders terminated on unjustified ground Oct-21 Interference and Discrimination The factory suspended for union activities on October 1st, 2021. Management claimed they did not know those 2 workers were part of the union. Compensate the workers for the lost days and ensure to have clear and regular communication with union committee in the factory. 323 BETTER WORK HAITI – 25TH SYNTHESIS REPORT Factory: Location: Number of workers: Date of registration: Date of last two Better Work assessments: The Willbes Haitian S.A (HT-2B) Port-au-Prince 544 Feb-18 Sep-21 Aug-22 Advisory and Training Services Meeting with OSH officer to update the Improvement plan and submit the Pr1. Discussion was also on an incident regarding a act of aggression and violence that occurred to a female worker during commute. Recommendation was made to keep an incident report and refer the victim to competent authority. Discussion with HR officer on pregnant women benefit. Recommendation were made to follow up on a specific complaint. Discussion was also on factory status with regards with upcoming retrenchment due to economic crisis and decrease of the order. 7-Nov-22 Virtual Advisory meeting 28-Oct-22 Virtual Advisory meeting 28-Jul-22 Virtual Advisory meeting Meeting with Head of HR and compliance officer on factory current updates. Factory informed regarding mass dismissal and send proper document to MAST. Advisory shared retrenchment guidance. Follow up on Improvement plan. 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 Virtual advisor 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. ASSESSMENT COMPLIANCE CLUSTER COMPLIANCE POINT DETAILS OF NON COMPLIANCE IMPROVEMENT PRIORITIES REMEDIATION EFFORTS MONTHS Assessment August 2022 Aug-22 Occupational Safety and Health OSH Management Systems The OSH policy does not have all the necessary elements. Include the missing criteria in the OSH policy. Establish measurable objectives and improvement targets. 4 Aug-22 Occupational Safety and Health OSH Management Systems The factory does not have an adequate hazard/risk management and control procedure. Include the missing criteria for an adequate Hazard/risk management and control procedure. 4 324 Aug-22 Occupational Safety and Health OSH Management Systems Management did not show evidence of that the employer investigates, monitors and measures OSH issues. Submit and record actions and procedures to investigate, monitor and measure OSH issues. 4 Aug-22 Occupational Safety and Health OSH Management Systems Management has not assigned accountability at the level of OSH committee for carrying out Health and Safety responsibilities. Update the OSH procedures to assign clear responsibility to the OSH committee members. 4 Aug-22 Contracts and Human Resources Employment Contracts The factory disciplinary and termination procedures do not include all the necessary elements: 4 Aug-22 Contracts and Human Resources Employment Contracts No evidence of performance evaluation procedures nor any investigations for violations of HR policies and procedures. Include the missing criteria in the disciplinary and termination procedures. Timeframes for warnings and payments Legal notice periods and termination payments Submit and record actions and procedures to investigate, monitor and measure violations of HR policies. Aug-22 Contracts and Human Resources Employment Contracts The employer does not clearly assign accountability at all levels of management for Human Resources management responsibilities. Assign accountability at all levels for Human Resources management. 4 Aug-22 Contracts and Human Resources Employment Contracts The factory does not an adequate an HR policy. Include the missing criteria for an adequate HR policy. 4 Aug-22 Working Time Regular Hours Supervisors do not allow pregnant women to take advantage of the additional breaks. Train supervisor on the legal benefits for the pregnant women. Aug-22 Working Time Leave Pregnant workers do not go on leave 6 weeks before giving birth. Pregnant women should go on leave 6 weeks prior to giving birth. Aug-22 Occupational Safety and Health Health Services and First Aid First aid boxes were missing several products listed on the checklist Ensure that first aid boxes are readily accessible in case of emergency treatment. Check first aid boxes regularly, remove and replace expired products. Aug-22 Occupational Safety and Health Health Services and First Aid Insufficient number of nurses. Hire adequate number of nurses. 4 Facility had ensure to have all supervisors aware of this policy and its compliance. 4 4 It was corrected during the assessment visit. 4 47 325 Aug-22 Occupational Safety and Health Welfare Facilities Insufficient number of toilets for the women. Have an adequate of toilets according to the workforce. 47 Aug-22 Occupational Safety and Health Working Environment The light level is insufficient in several sections. Increase the light level to comply with Better Work's recommended level. 47 Aug-22 Occupational Safety and Health Working Environment Temperature level exceeds Better Work's recommended level of 30C, in all sections. 47 Aug-22 Occupational Safety and Health Worker Protection The Factory did not provide proper PPE to all workers masks. Increase the ventilation with additional fans. Conduct regular measurement of temperature & compare with threshold value. Provide proper masks and gloves to workers using chemical and hazardous products. Aug-22 Occupational Safety and Health Worker Protection Battery terminals on the generator are not insulated. Perform regular maintenance of the generator. Make sure that the battery terminals are insulated. 4 Aug-22 Occupational Safety and Health Chemicals and Hazardous Substances MSDS were not available for several chemical and hazardous products found in the workplace. Keep MSDS for all chemical and hazardous products used in the workplace. 13 Aug-22 Occupational Safety and Health Chemicals and Hazardous Substances Inventory of chemical and hazardous substances is inaccurate. Regularly check the inventory to make sure it is accurate. Ensure locations of products are listed on the inventory sheet. 13 Aug-22 Contracts and Human Resources Termination The annual salary supplement payment or bonus upon termination does not include the lunch break payment Include the lunch payment in the calculation of the daily average salary. Corrective action is being discussed with Korea office. 13 Aug-22 Contracts and Human Resources Termination The unused annual leave upon termination does not include the lunch break payment. . Include the lunch payment in the calculation of the daily average salary. Corrective action is being discussed with Korea office. 13 Aug-22 Contracts and Human Resources Termination The payment for the applicable notice period does not include the lunch break payment. Include the lunch payment in the calculation of the daily average salary. Corrective action is being discussed with Korea office. 13 Aug-22 Contracts and Human Resources Employment Contracts Include the missing information in The internal work rules do not cover the break times, different categories of the internal work rules. workers and their wages, date and time for wage payment. 4 13 326 Aug-22 Compensation Social Security and Other Benefits The annual salary supplement or bonus does not include the lunch break payment. Include the lunch payment in the calculation of the daily average salary. Corrective action is being discussed with Korea office. 13 Aug-22 Compensation Social Security and Other Benefits The workers' contributions to OFATMA does not include the lunch break payment. Include the lunch payment in the calculation of the daily average salary. Corrective action is being discussed with Korea office. 13 Aug-22 Compensation Social Security and Other Benefits The employer contribution to OFATMA does not include the lunch break payment. Include the lunch payment in the calculation of the daily average salary. Corrective action is being discussed with Korea office. 13 Aug-22 Compensation Social Security and Other Benefits The workers' contribution to ONA does not include the lunch break payment. Include the lunch payment in the calculation of the daily average salary. Corrective action is being discussed with Korea office. 13 Aug-22 Compensation Social Security and Other Benefits The employer contribution to ONA does not include the lunch break payment. Include the lunch payment in the calculation of the daily average salary. Corrective action is being discussed with Korea office. 13 Aug-22 Compensation Paid Leave The factory did not pay annual leave, Sick leave and the daily break correctly. Include the lunch payment in the calculation of the daily average salary. Corrective action is being discussed with Korea office. 13 Aug-22 Compensation Paid Leave The lunch breaks is not compensated in the payroll. Include the lunch payment in the calculation of the daily average salary. Corrective action is being discussed with Korea office. 13 Aug-22 Compensation Paid Leave The calculation of sick leave payments does not include the lunch break payment. Include the lunch payment in the calculation of the daily average salary. Corrective action is being discussed with Korea office. 13 Aug-22 Compensation Paid Leave The annual leave payment is not calculated based on worker's average daily earnings. Include the lunch payment in the calculation of the daily average salary. Corrective action is being discussed with Korea office. 13 Assessment September 2021 Sep-21 Working time Regular Hours Supervisors do not allow pregnant women to take their additional break. Provide two additional breaks of 30 minutes each to pregnant women, as required by the labor code. Facility will train all supervisors on the policy and its application. Sep-21 Occupational Safety and Health Emergency Preparedness Less than 10 percent of the workforce is trained on the use fire fighting equipment. Provide fire fighting training to at least 10 percent of the workforce. This issue was reported by mistake. Fire fighting trainings are always conducted with 10% of the workforce. 327 Sep-21 Occupational Safety and Health Emergency Preparedness Improper maintenance of fire extinguishers. Develop a OSH assessment policy which includes the monitoring of fire extinguishers 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. Facility will ensure that all fire extinguishers are properly maintained. Sep-21 Occupational Safety and Health Health Services and First Aid Insufficient number of workers trained in first aid. Train at least 10 percent of the workforce in first aid. This issue was reported by mistake. First aid trainings are always conducted with 10% of the workforce. Sep-21 Occupational Safety and Health Health Services and First Aid First aid boxes were not accessible in a timely manner for emergency treatment. Assign a person who is responsible to open the first aid boxes. Post the name and picture of the person next to the first aid boxes. Facility will establish a procedure to have all first aid kits accessible in a timely manner. Expired items will be replaced promptly. Sep-21 Occupational Safety and Health Health Services and First Aid Insufficient number of licensed nurses. Hire more nurses. To 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. Welfare Facilities The factory does not have a water test conducted by a certified laboratory on a monthly basis. Contract a certified laboratory to perform monthly water tests. Sep-21 Sep-21 Occupational Safety and Health Welfare Facilities Insufficient number of toilets for the size of the workforce. Increase the number of toilets. With its current workforce, the factory should have 48 functioning toilets for women. Sep-21 Occupational Safety and Health Working Environment The light level is insufficient in all sections. Increase the light level to comply with Better Work's recommended level. Sep-21 Occupational Safety and Health Working Environment Temperature level exceeds Better Work's recommended level of 30C, in all sections. Increase the ventilation with additional fans. Conduct regular measurement of temperature & compare with threshold value. 328 Sep-21 Occupational Safety and Health Worker Protection The factory did not check all workers and visitors body temperature upon entry in a systematic way. The factory does not keep a registry for all persons who present a temperature of 38C and above. Check all workers and visitors temperature at the entrance. keep a registry for people presenting a temperature of 38 C and above. All workers and visitors body temperature upon entry will be check in a systematic way. Sep-21 Occupational Safety and Health Worker Protection The factory did not take the appropriate measures to respect workers' physical and social distance recommendations. Implement the necessary steps to make sure that social distancing measures are respected. Facility will take the appropriate measures to respect workers' physical and social distance. Sep-21 Occupational Safety and Health Worker Protection Improper maintenance of electrical wiring system. Repair all damaged electrical wires. Have the maintenance department perform regular checks of electrical system. Label all circuit breakers. Facility will remove damage electrical cable, The electrical panel will be properly covered and breakers will be properly labelled. Sep-21 Occupational Safety and Health Chemicals and Hazardous Substances Eye wash stations are not functioning properly in all sections where chemicals and hazardous substances are used and stored. Install functioning eye wash stations or eye wash bottles where chemicals and hazardous substances are used and stored. Facility will ensure that the eye wash stations are installed and functioning during the working hours. Sep-21 Occupational Safety and Health OSH Management Systems The employer records work related accidents but does not submit them to OFATMA on a monthly basis. Keep monthly records of work related accident and submit them to OFATMA on a monthly basis. Facility will send work related accident records to OFATMA on a monthly basis. Sep-21 Contract and Human Resources Termination The calculation for the annual salary supplement upon termination does not include the lunch break payment. Pay the Lunch break and include it in the calculation of the average daily salary. Corrective action is being discussed with Korea office. Sep-21 Contract and Human Resources Termination The calculation for unused paid annual leave upon termination does not include the lunch break payment. Pay the Lunch break and include it in the calculation of the average daily salary. Corrective action is being discussed with Korea office. Sep-21 Contract and Human Resources Termination The calculation for the payment of the applicable notice period does not include the lunch break payment. Pay the Lunch break and include it in the calculation of the average daily salary. Corrective action is being discussed with Korea office. Sep-21 Contract and Human Resources Employment Contracts The internal work rules do not cover the break times, different categories of workers and their wages, date and time for wage payment. Update the internal work rules to include the break time, workers' wages, date and time for wage payment. Have the internal work rules approved by MAST. 329 Sep-21 Compensation Social Security and Other Benefits The calculation for the payment of annual salary supplement or bonus does not include the lunch break payment. Pay the Lunch break and include it in the calculation of the average daily salary. Corrective action is being discussed with Korea office. Sep-21 Compensation Social Security and Other Benefits The amount collected for OFATMA maternity and health does not include the lunch break payment. Pay the Lunch break and include it in the calculation of the average daily salary. Corrective action is being discussed with Korea office. Sep-21 Compensation Social Security and Other Benefits The amount collected for OFATMA maternity and health does not include the lunch break payment. Pay the Lunch break and include it in the calculation of the average daily salary. Corrective action is being discussed with Korea office. Sep-21 Compensation Social Security and Other Benefits The workers' contributions to ONA does not include the lunch break payment. Pay the Lunch break and include it in the calculation of the average daily salary. Corrective action is being discussed with Korea office. Sep-21 Compensation Social Security and Other Benefits The employer contribution to ONA does not include the lunch break payment. Pay the Lunch break and include it in the calculation of the average daily salary. Corrective action is being discussed with Korea office. Sep-21 Compensation Paid Leave The factory did not pay annual leave, Sick leave and the daily break correctly. Pay the Lunch break and include it in the calculation of the average daily salary. Corrective action is being discussed with Korea office. Sep-21 Compensation Paid Leave The lunch break is not compensated in the payroll. Pay the Lunch break and include it in the calculation of the average daily salary. Corrective action is being discussed with Korea office. Sep-21 Compensation Paid Leave Sick leave calculation does not include the lunch break payment. Pay the Lunch break and include it in the calculation of the average daily salary. Corrective action is being discussed with Korea office. Sep-21 Compensation Paid Leave The payment of paid annual leave does not include the lunch break payment. Pay the Lunch break and include it in the calculation of the average daily salary. Corrective action is being discussed with Korea office. 330 BETTER WORK HAITI – 25TH SYNTHESIS REPORT Factory: Location: Number of workers: Date of registration: Date of last two Better Work assessments: The WILLBES Haitian III S.A Port-au-Prince 589 Sep-10 Sep-21 Aug-22 Advisory and Training Services 14-Jun-22 Virtual advisory meeting Meeting to discuss:Worker Protection Employment contract/working hoursBreaks for pregnant women 09-Jun-22 Training Virtual Supervisory Skills (SST) 08-Jun-22 Training Virtual Supervisory Skills (SST) 07-Jun-22 Training Virtual Supervisory Skills (SST) 05-May-22 Training Bipartite Committee 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. 18-Mar-22 Training Virtual Sexual Harassment Awareness and Prevention for Middle Management 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. ASSESSMENT COMPLIANCE CLUSTER COMPLIANCE POINT DETAILS OF NON COMPLIANCE Aug-22 Occupational Safety and Health OSH Management Systems Assessment August 2022 OSH policy is not signed by top management and did not have all the necessary elements. Aug-22 Occupational Safety and Health OSH Management Systems The factory does not have an adequate hazard/risk management and control procedures. IMPROVEMENT PRIORITIES REMEDIATION EFFORTS MONTHS Include missing criteria in the OSH policy. Establish measurable objectives and improvement targets. 4 Include missing criteria in the hazard/risk management and control procedures. 4 331 Aug-22 Occupational Safety and Health OSH Management Systems Management did not show evidence of that the employer investigates monitors and measures OSH issues. Submit and record actions and procedures to investigate, monitor and measure OSH issues. 4 Aug-22 Occupational Safety and Health OSH Management Systems Management has not assigned accountability at the level of OSH committee for carrying out Health and Safety responsibilities. Update the OSH procedures to assign clear responsibility to the OSH committee members. 4 Aug-22 Contracts and Human Resources Employment Contracts The disciplinary and termination procedures are not adequate. Include the missing criteria in the disciplinary and termination procedures. 4 Aug-22 Contracts and Human Resources Employment Contracts No evidence of performance evaluation procedures nor any investigations for violations of Human Resources policies and procedures. Submit and record actions and procedures to investigate, monitor and measure violations of HR policies. 4 Aug-22 Contracts and Human Resources Employment Contracts The employer does not clearly assign accountability at all levels of management for Human Resources management responsibilities. Assign accountability at all levels for Human Resources management. 4 Aug-22 Contracts and Human Resources Employment Contracts The factory does not have an adequate an Human Resources policy. Include the missing criteria for an adequate HR policy. 4 Aug-22 Working Time Regular Hours Attendance records for temporary workers were not available during the assessment visit . Have a reliable attendance system for temporary workers to record accurate working time. Facility will ensure to have Attendance records for temporary workers. 4 Aug-22 Working Time Regular Hours Additional breaks are not provided to pregnant women. Ensure that the pregnant workers can take their additional breaks. Facility will ensure to communicate to all supervisors about the additional breaks for pregnant women. This break will be respected. 4 Aug-22 Occupational Safety and Health Health Services and First Aid Insufficient number of nurses. Have a number of nurse compatible with the workforce. 124 332 Aug-22 Occupational Safety and Health Welfare Facilities Factory has not conducted a water test on a monthly basis by a certified laboratory. Conduct the water test on a monthly basis. 18 Aug-22 Occupational Safety and Health Welfare Facilities Insufficient number of toilets for women. Have a sufficient number of toilets for women. 133 Aug-22 Occupational Safety and Health Working Environment The level of lighting was insufficient in several sections. Ensure that light level are appropriate in all sections 66 Aug-22 Occupational Safety and Health Working Environment The temperature level exceeded 30C in several sections. Ensure the workplace temperature does not exceed the recommended 30 C. 40 Aug-22 Occupational Safety and Health Worker Protection The factory did not check all workers and visitors body temperature upon entry in a systematic way. Ensure to check all workers and visitors body temperature upon entry in a systematic way. Ensure to keep a registry for all persons who present a temperature of 38C and above. 18 Aug-22 Occupational Safety and Health Worker Protection The social distance is not respected on the floor in the preparation section, as well as during entry and leaving. Ensure that the 1.5 meter of distance is respected in the preparation section as well during entry and leaving. 18 Aug-22 Occupational Safety and Health Worker Protection Improper maintenance of electrical system. Ensure that proper maintenance are conducted for electrical installation on a regular basis. Electrical wires should not be exposed. Aug-22 Occupational Safety and Health Worker Protection Standing workers in the sewing floor and packing area were not provided with foot rests or shock absorbing mats. Provide foot rest or shock absorbing mats to all standing workers. 18 Aug-22 Occupational Safety and Health Worker Protection The employer has not been provided the support belt for workers doing heavy lifting work. Provide support belt for workers doing heavy lifting work. 40 Issue was corrected immediately. Facility will ensure to properly maintain all electrical installation. 14 333 Aug-22 Occupational Safety and Health Chemicals and Hazardous Substances Eye wash station is not installed in all areas where chemical and hazardous products are used and stored. Install an eye wash facility in the mechanic shop, spot cleaning area and chemical warehouse where chemicals are used and stored. Aug-22 Occupational Safety and Health Chemicals and Hazardous Substances Several hazardous chemicals were found without chemical safety data sheets. Ensure that all chemical have their safety data sheets available where they are used and stored. Aug-22 Occupational Safety and Health Chemicals and Hazardous Substances Containers of chemical and hazardous products were not properly labelled. . Ensure that all chemicals and hazardous products are properly labelled. Aug-22 Occupational Safety and Health Chemicals and Hazardous Substances The inventory of chemical and hazardous products was not available. Ensure that all chemicals used the workplace are included in the inventory of chemicals. Aug-22 Contracts and Human Resources Termination The annual salary supplement upon Include the lunch break termination does not include the payment in the calculation of lunch break payment. the annual salary supplement or bonus upon termination. Corrective action is being discussed with Korea office. 18 Aug-22 Contracts and Human Resources Termination The annual leave payment upon termination does not include the lunch break payment. Include the lunch break payment in the calculation of annual leave upon termination. Corrective action is being discussed with Korea office. 18 Aug-22 Contracts and Human Resources Termination The payment for the applicable notice period does not include the lunch break payment. Include the lunch break in the calculation of the notice period payment. Corrective action is being discussed with Korea office. 18 Aug-22 Contracts and Human Resources Employment Contracts The internal work rules do not cover the break times, different categories of workers and their wages, date and time for wage payment. Specify terms and conditions for the different categories of workers in the internal work rules. Corrective action is being discussed with Korea office. 18 Aug-22 Contracts and Human Resources Employment Contracts The written employment contracts do not specify the hours of work and the nature of the work to be performed as required by law. Specify the hours of work and the nature of the work to be performed in the employment contracts. Facility has eye wash station installed at the spot cleaning room and the chemical warehouse. It is not necessary to install an eye wash station at the mechanic shop. 18 66 The issue was fixed during the evaluation visit. 55 45 18 334 Aug-22 Compensation Social Security and Other Benefits The annual salary supplement or bonus does not include the lunch break payment. Include the lunch break payment in the calculation of the annual salary supplement or bonus. Corrective action is being discussed with Korea office. 18 Aug-22 Compensation Social Security and Other Benefits The employer did not forward workers' last 3 months payslips to OFATMA for workers for sick or maternity leave payments. Forward last 3 months payslips to OFATMA for workers for sick or maternity leave payments. Corrective action is being discussed with Korea office. 18 Aug-22 Compensation Social Security and Other Benefits The employer contribution to OFATMA for work related accident does not include the lunch break payment. Pay the lunch break. Corrective action is being discussed with Korea office. 18 Aug-22 Compensation Social Security and Other Benefits The workers contributions to ONA does not include the lunch break payment. Pay the lunch break. Corrective action is being discussed with Korea office. 18 Aug-22 Compensation Social Security and Other Benefits The employer contribution to Pay the lunch break. OFATMA for maternity and health insurance does not include the lunch break payment. Corrective action is being discussed with Korea office. 18 Aug-22 Compensation Paid Leave The factory did not pay annual leave, Sick leave and the daily break correctly. Pay the lunch break. Corrective action is being discussed with Korea office. 18 Aug-22 Compensation Paid Leave Lunch breaks is not compensated in the payroll. Pay the lunch break. Corrective action is being discussed with Korea office. 18 Aug-22 Compensation Paid Leave The maternity leave payment does not include the lunch break payment. Pay the lunch break. Corrective action is being discussed with Korea office. Aug-22 Compensation Paid Leave Sick leave payments do not include the lunch break payment. Ensure that lunch break is included in the calculation of the sick leave payment. Corrective action is being discussed with Korea office. 18 Aug-22 Compensation Paid Leave The annual leave payment does not include the lunch break payment. Include the lunch break in the annual leave payment. Corrective action is being discussed with Korea office. 18 335 Aug-22 Compensation Wage Information, Use and Deduction The factory does not have an accurate payroll for temporary workers. Ensure that payroll form for the temporary workers includes all necessary information such as hours worked and overtime. 18 Aug-22 Compensation Minimum Wages/Piece Rate Wages No time record was available for temporary workers. Ensure to have a time record system for temporary workers. 18 Aug-22 Child Labour Documentation and Protection of Young Workers Three employment records were missing their identification cards or birth certificate. All workers' file should include an identification card to prove that are above age minimum. 18 Assessment September 2021 Sep-21 Working time Regular Hours Attendance records were not available for temporary workers. Have a reliable attendance system for temporary workers to record accurate working time. Sep-21 Working time Regular Hours Pregnant workers are not allowed to take their additional breaks. Ensure that the pregnant workers can take their additional breaks. Health Services and First Aid Insufficient number of medical staff. Have a number of nurse compatible with the workforce. Sep-21 Sep-21 Occupational Safety and Health Welfare Facilities Factory has not conducted a water test on a monthly basis by a certified laboratory. Conduct the water test on a monthly basis. Sep-21 Occupational Safety and Health Welfare Facilities Insufficient number of toilets for women. Have a sufficient number of toilets for women. Sep-21 Occupational Safety and Health Working Environment The level of lighting was insufficient in several sections. Ensure that light level are appropriate in all sections. Sep-21 Occupational Safety and Health Working Environment The temperature level exceeded 30C in several sections. Keep the temperature level at or below 30C. Sep-21 Occupational Safety and Health Worker Protection The factory did not check all workers and visitors body temperature upon entry in a systematic way. Check all workers and visitors body temperature upon entry in a systematic way. Keep a registry for all persons who present a temperature of 38C and above. 336 Sep-21 Occupational Safety and Health Worker Protection Social distance is not respected on the floor in the preparation section, as well as during entry and leaving. Ensure that the 1.5 meter of distance is respected in the preparation section as well during entry and leaving. Sep-21 Occupational Safety and Health Worker Protection Exposed electrical wire in the boiler room. Perform proper maintenance on the electrical installation on a regular basis. Sep-21 Occupational Safety and Health Worker Protection Shock absorbing mats were not provided to all standing workers. Provide foot rest or shock absorbing mats to all standing workers. Sep-21 Occupational Safety and Health Worker Protection Support belt were not provided to workers doing heavy lifting work. Provide support belt for workers doing heavy lifting work. Sep-21 Occupational Safety and Health Chemicals and Hazardous Substances Eye wash station has not been installed in all areas where chemical and hazardous products are used and stored. Install an eye wash facility in the mechanic shop, spot cleaning area and chemical warehouse where chemicals are used and stored. Sep-21 Occupational Safety and Health Chemicals and Hazardous Substances Several hazardous chemicals were found without chemical safety data sheets. Ensure that all chemical have their safety data sheets available where they are used and stored. Sep-21 Occupational Safety and Health Chemicals and Hazardous Substances One container of sewing oil and a box of detergent that were not properly labelled in the mechanic workshop. All chemicals must be properly labelled. Sep-21 Occupational Safety and Health Chemicals and Hazardous Substances The inventory for chemical products is not accurate. Ensure that the chemical inventory includes all chemicals used in the workplace. Sep-21 Contract & Human Resource Termination The annual salary supplement upon termination does not include the lunch break payment. Include the lunch break payment in the calculation of the annual salary supplement or bonus upon termination. Corrective action is being discussed with Korea office. Sep-21 Contract & Human Resource Termination The annual leave upon termination does not include the lunch break payment. Include the lunch break payment in the calculation of annual leave upon termination. Corrective action is being discussed with Korea office. Issue was corrected immediately. Facility will ensure to properly maintain all electrical installation. Facility has eye wash station installed at the spot cleaning room and the chemical warehouse. The mechanic shop does not yet have an eyewash station. 337 Sep-21 Contract & Human Resource Termination The applicable notice period payment does not include the lunch break payment. Include the lunch break in the calculation of the notice period payment. Corrective action is being discussed with Korea office. Sep-21 Contract & Human Resource Employment Contracts The internal work rules do not cover the break times, different categories of workers and their wages, date and time for wage payment. Specify terms and conditions for the different categories of workers in the internal work rules. Corrective action is being discussed with Korea office. Sep-21 Contract & Human Resource Employment Contracts The written employment contracts do not specify the hours of work and the nature of the work to be performed as required by law. Specify the hours of work and the nature of the work to be performed in the employment contracts. Sep-21 Compensation Social Security and Other Benefits The annual salary supplement or bonus does not include the lunch break payment. Include the lunch break payment in the calculation of the annual salary supplement or bonus. Corrective action is being discussed with Korea office. Sep-21 Compensation Social Security and Other Benefits The amount collected as workers' contributions to OFATMA is made late and does not include the lunch break payment. Pay OFATMA contribution on time and include the lunch break payment in the calculation. Corrective action is being discussed with Korea office. Sep-21 Compensation Social Security and Other Benefits The employer contribution to OFATMA is made late and does not include the lunch break payment. Pay OFATMA contribution on time and include the lunch break payment in the calculation. Corrective action is being discussed with Korea office. Sep-21 Compensation Social Security and Other Benefits The amount collected as workers' contributions to ONA does not include the lunch break payment. Pay ONA contribution on time and include the lunch break payment in the calculation. Corrective action is being discussed with Korea office. Sep-21 Compensation Social Security and Other Benefits The employer contribution to ONA does not include the lunch break payment. Pay ONA contribution on time and include the lunch break payment in the calculation. Corrective action is being discussed with Korea office. Sep-21 Compensation Paid Leave The factory did not pay annual leave, Sick leave and the daily break correctly. Pay the lunch break. Corrective action is being discussed with Korea office. Sep-21 Compensation Paid Leave Lunch break is not compensated in the payroll. Pay the lunch break. Corrective action is being discussed with Korea office. 338 Sep-21 Compensation Paid Leave Sick leave payment does not include Include lunch break payment in Corrective action is being 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 payment. Include the lunch break in the annual leave payment. Sep-21 Compensation Wage Information, Use and Deduction The factory does not have an accurate payroll for temporary workers. The payroll form for the temporary workers should include all necessary information such as hours worked and overtime. Sep-21 Compensation Minimum Wages/Piece Rate Wages No time record was available for temporary workers. Keep a time record system for temporary workers. Sep-21 Child Labour Documentation and Protection of Young Workers Three employment records were missing their identification cards or birth certificate. Include an identification card in all worker's file to prove that are above age minimum. Corrective action is being discussed with Korea office. 339 BETTER WORK HAITI – 25TH SYNTHESIS REPORT Factory: Location: Number of workers: Date of registration: Date of last two Better Work assessments: The Willbes Haitian S.A (HT - Print Shop) Port-au-Prince 35 Feb-18 Sep-21 Aug-22 Advisory and Training Services 11-Nov-22 Virtual bipartite meeting Virtual OSH Tour to validate pending issues, Session on BW portal and Follow up on the first Progress report, Review of the improvement plan and Bipartite. 5-Aug-22 Bipartite Committee Meeting Meeting with the committee on the improvements made and validate pending issues on the improvement plan.on annual leave and payroll. 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 Virtual meeting with the bipartite committee to present the last assessment report. 17-Nov-21 Bipartite Committee Meeting Virtual advisory meeting ASSESSMENT COMPLIANCE CLUSTER COMPLIANCE POINT Meeting with the compliance team to update the improvement plan and identify the root causes. Follow up on annual leave and bonus calculation. Virtual OSH tour to validate pending issues: Emergency Preparedness and chemicals management. DETAILS OF NON COMPLIANCE IMPROVEMENT PRIORITIES REMEDIATION EFFORTS MONTHS Assessment August 2022 Aug-22 Occupational Safety and Health OSH Management Systems The factory does not have emergency preparedness procedure. Develop a written procedure in case of emergency. 2 Aug-22 Contracts and Human Resources Employment Contracts The factory does not investigate violation of HR procedures and policies.. Define HR indicator performance and develop a procedure to identify HR weaknesses and make necessary adjustments. 14 340 Aug-22 Working Time Regular Hours The attendance record is not accurate. Have an accurate attendance recording system. 14 Aug-22 Working Time Regular Hours The regular working hours exceed the legal limit. Ensure that the weekly regular working hours which include the daily break do not exceed 48 hours per week. 14 Aug-22 Occupational Safety and Health Emergency Preparedness A rechargeable light bulb was found charging in a cardboard box. Train supervisors and workers about fire hazards and the need to report hazards for reparation. 2 Aug-22 Occupational Safety and Health Emergency Preparedness Improper maintenance of fire extinguishers. Provide adequate firefighting equipment. Specify who conducts regular checks to make sure that the equipment is in place and functioning. The undercharged fire extinguisher has been replaced. 52 Aug-22 Occupational Safety and Health Emergency Preparedness Improper maintenance of fire detection system. Install and maintain smoke alarm in the mechanic room and generator room. Smoke detectors have been installed in the missing locations. 2 Aug-22 Occupational Safety and Health Health Services and First Aid Inventory of products in first aid boxes is not accurate. Equip first aid box and define responsibility for refilling them. Management Refilled the first aid Box. 2 Aug-22 Occupational Safety and Health Welfare Facilities Water test is not conducted monthly. Defines who organise monthly test about the quality of the drinking water. Keep result of the water test. Aug-22 Occupational Safety and Health Welfare Facilities Assessors did not observe soap and paper inside the women and men restrooms. Provide soap dispenser. Define who will check that soap and paper are available. Aug-22 Occupational Safety and Health Working Environment Temperature exceed Better Work's recommended limit in several sections of the factory. Aug-22 Occupational Safety and Health Worker Protection Take action to reduce the temperature ( opening in the roof, water curtain, additional fans) Batteries in the generator room were Specify who is in charge to install missing terminal protectors. the batteries terminal and conduct regular checks. 14 Management has provided soap and paper in the workplace. 2 52 2 341 Aug-22 Occupational Safety and Health Chemicals and Hazardous Substances MSDS are missing for several chemical and hazardous products found in the workspace. Keep chemical MSDS for all hazardous chemicals used in the workplace. Specify who is in charge of receiving MSDS from supplier / Verify the MSDS has the needed elements. Aug-22 Occupational Safety and Health Chemicals and Hazardous Substances Unidentified container of a chemical products found in the workplace. Define who control the chemical container on receipt from supplier and control the label. Define who is entitled to pour chemicals in other recipients and label them. 14 Aug-22 Occupational Safety and Health Chemicals and Hazardous Substances The location of the products is not specified inventory of chemical and hazardous products. Assign responsible persons for updating inventories of hazardous substances in the various locations where they are stored or used. 56 Aug-22 Occupational Safety and Health OSH Management Systems The employer was not able to provide the required structural safety certificates. Request a structural safety certificate from the city council. 2 Aug-22 Occupational Safety and Health OSH Management Systems The bipartite OSH committee does not meet regularly. Meeting minutes are not available. Prepare a meeting agenda for the year. Then, conduct meeting on a monthly basis and keep records of meeting minutes. 2 Aug-22 Occupational Safety and Health OSH Management Systems The factory does not conduct regular assessments of general occupational safety and health. Conduct and OSH assessment on a monthly basis in consultation with workers' representative. Aug-22 Contracts and Human Resources Termination The payment for annual salary supplement or bonus upon termination is not accurate. Discuss legal requirements with the General Manager. Pay the lunch break and include the payment in the calculation of annual salary supplement upon termination. The factory displayed the MSDS The factory started to record general OSH reports since the last assessment visit. 2 2 14 342 Aug-22 Aug-22 Contracts and Human Resources Contracts and Human Resources Termination Termination The payment for unused paid annual leave upon termination is not accurate. The payment for the applicable notice period is not accurate. Discuss legal requirements with the General Manager. Pay the lunch break and include the payment in the calculation of annual leave upon termination. Discuss legal requirements with the General Manager. 14 14 Pay the lunch break and include the payment in the calculation of the applicable notice period. Aug-22 Contracts and Human Resources Contracting Procedures The contract for the administrative staff does not include the salary. Review the employees' contract and include the salary. 14 Aug-22 Compensation Social Security and Other Benefits The employer does not collects and forwards the workers' and employers' contribution to OFATMA on time consistently. Discuss legal requirements with the General Manager. Pay the lunch break and include it in the calculation for the payment. 14 Aug-22 Compensation Social Security and Other Benefits The employer does not collects and forwards the workers' and employers' contribution to ONA on time consistently. Discuss legal requirements with the General Manager. Pay the lunch break and include it in the calculation for the payment. 14 Aug-22 Compensation Social Security and Other Benefits Sick leave and maternity leave payment are not accurate. Discuss legal requirements with the General Manager. Pay the lunch break and include it in the calculation for the payment. 14 Aug-22 Compensation Social Security and Other Benefits The payment for annual salary supplement or bonus is not accurate. Discuss legal requirements with the General Manager. Pay the lunch break and include it in the calculation for the payment. 14 Aug-22 Compensation Social Security and Other Benefits The salary statement provided to OFATMA for work related accident insurance payment was not available. Discuss legal requirements with the General Manager. Pay the lunch break and keep record of salary statement sent to OFATMA. 14 343 Aug-22 Compensation Paid Leave The payment for annual leave, sick leave, maternity leave and the daily break are not accurate. Discuss legal requirements with the General Manager. Pay the lunch break and include it in the calculation for the payments. 14 Aug-22 Compensation Paid Leave Sick leave payments are not based on average daily earnings. Discuss legal requirements with the General Manager. Pay the lunch break and send workers' payslip to OFATMA. 14 Aug-22 Compensation Paid Leave The payroll sent to OFATMA for the workers' maternity leave payment is not accurate Discuss legal requirements with the General Manager. Pay the lunch break and include it in the calculation for the payments. 14 Aug-22 Compensation Paid Leave The calculation for sick leave payments is inaccurate. Discuss legal requirements with the General Manager. Pay the lunch break and Send workers' payslip to OFATMA 14 Aug-22 Compensation Paid Leave The calculation for the annual leave payment is inaccurate. Discuss legal requirements with the General Manager. Pay the lunch break and include it in the calculation for the payments. 14 Assessment September 2021 Sep-21 Working Time Leave Attendance records and interview revealed that workers were provided less than 15 days of annual leave after 1 year of service. Provide at least 15 days of annual leave to workers after 1 year of service. Sep-21 Working Time Regular Hours The regular working hours is equivalent to 9 hours per day and 54 hours per week for the day shift. Revise the internal regulations and make sure that the regular hours do not exceed 48 hours per week. Sep-21 Occupational Safety and Health Emergency Preparedness The factory has not conducted a fire drill in 2021 and the last fire drill was conducted in November 2020. Conduct at least one emergency drill every 6 months including full evacuation of the workforce. One fire Drill has been conducted on September 24, 2021 and another one was conducted in March 2022 344 Sep-21 Occupational Safety and Health Emergency Preparedness Escape routes in the packing area are obstructed by boxes and tables. Remind supervisors about their responsibility to enforce OSH in their area. Specify who conduct daily checks (and include this in the system of daily /weekly checks). Sep-21 Occupational Safety and Health Emergency Preparedness One extinguisher was missing the inspection tag, one was overcharged and another one was obstructed. Develop a SOP for the verification of Fire extinguisher. Provide additional training to workers and supervisors. Sep-21 Occupational Safety and Health Health Services and First Aid Medical staff is not available for the night shift. Hire additional medical staff for the night shift. Sep-21 Occupational Safety and Health Welfare Facilities The water provided to the workers is not being tested on a monthly basis. Conduct the water test on a monthly basis. Update the OSH policy Sep-21 Occupational Safety and Health Working Environment Workplace temperature exceed 30 C Increase the ventilation with additional fans. Conduct regular measurement of temperature & compare with threshold value. Sep-21 Occupational Safety and Health Worker Protection The factory does not keep a registry for all persons who present temperature of 38 C and above. Keep a registry for all persons who present a temperature of 38 C and above. Sep-21 Occupational Safety and Health Worker Protection One long electrical wire is on the floor obstructing several aisles and creating a tripping hazard. Train supervisors and workers about electrical hazards & the need to report hazards for reparation. Sep-21 Occupational Safety and Health Worker Protection No support belts have been provided to workers doing heavy lifting work. Define staff in charge of providing and renewing the PPEs. Provide employees with all necessary personal protective clothing and equipment according to PPE regulation. Management provided support belt to workers. Sep-21 Occupational Safety and Health Chemicals and Hazardous Substances Eyewash station was not available in the maintenance room where chemical products are stored and used. Provide eye washing station or eye wash bottles. Train workers on its use or display the operating procedure in local language Management removed chemical products from the maintenance room. Management has identified an additional space to store the trolley and boxes. A training on emergency preparedness has been conducted. The register has been revised and updated for all persons who present a temperature of 38 C and above The electrical cable has been removed. 345 Sep-21 Occupational Safety and Health Chemicals and Hazardous Substances Assessors observed a storage area, near the toilets, where a chemical was stored that was not adequately ventilated. Store all chemicals and hazardous substances used in the factory properly. Sep-21 Occupational Safety and Health Chemicals and Hazardous Substances Assessors observed one unidentified container of a chemical product in the generator room and several containers are labelled in Spanish and not in a local language. Label chemicals and hazardous substances properly. Specify who conducts regular checks on chemical safety. Sep-21 Occupational Safety and Health Chemicals and Hazardous Substances The inventory of chemicals is inaccurate and it is written in Spanish. Sep-21 Contracts and Human Resources Termination The employers pays workers their annual salary supplement upon termination. However, the calculation of the average salary does not include the lunch break payment. Assign a person who is responsible for updating inventories of hazardous substances in the various locations where they are stored Pay the lunch break and Include the payment in the calculation of annual salary supplement upon termination. Sep-21 Contracts and Human Resources Termination The employer compensates workers for unused paid annual leave upon termination. However, the calculation of the basic salary does not include the lunch break payment. Include the lunch break payment in the calculation of the annual leave payment upon termination. The discussions took place with the General Manager. Sep-21 Contracts and Human Resources Termination The calculation of the average earning for notice of termination does not include the lunch break payment. Include the lunch break payment in the calculation of notice periods. The discussions took place with the General Manager. Sep-21 Contracts and Human Resources Employment Contracts The written contract does not specify any information about the night shift. Revise and amend the employment contract. Corrective action is being discussed with Korea office. Sep-21 Compensation Wage Information, Use and Deduction Payment of annual salary supplement or bonus does not include the lunch break payment. Ensure that workers' salary supplement include the lunch break payment. The discussions on legal requirements took place with the General Manager. The label has been translated in local language and the container has been identified. The discussions took place with the General Manager. 346 Sep-21 Compensation Social Security and Other Benefits Workers' contribution to OFATMA does not include the lunch break payment. Sep-21 Compensation Social Security and Other Benefits The employer contribution to Include the lunch break in the OFATMA does not include the lunch contribution to OFATMA. break payment. The discussions took place with the General Manager. Sep-21 Compensation Social Security and Other Benefits The employer collects and forwards workers' contribution to ONA within the time limits provided by the law. However, the calculation does not include the lunch break payment. Discuss legal requirements with the General Manager Include the lunch break payment in the contribution sent to ONA The discussions took place with the General Manager. Sep-21 Compensation Social Security and Other Benefits The employer pays the required contribution to ONA. However, the calculation of the basic salary does not include the lunch break payment. Include the lunch break payment in the contribution sent to ONA. The discussions took place with the General Manager. Sep-21 Compensation Paid Leave The factory did not pay annual leave correctly as the lunch breaks is not included. Pay the lunch break and include it in the calculation of annual leave payment. The discussions took place with the General Manager. Sep-21 Compensation Paid Leave The lunch breaks is not compensated in the payroll. Discuss legal requirements with the General Manager Pay the lunch break. The discussions took place with the General Manager. Sep-21 Compensation Paid Leave Eligible workers are not correctly paid for sick leave. Pay the lunch break and include it in the calculation of sick leave. The discussions took place with the General Manager. Sep-21 Compensation Paid Leave The employer does not pay workers properly for annual leave. Pay the lunch break and include it in the calculation of annual leave. The discussions took place with the General Manager Include the lunch break payment in workers' contribution to OFATMA. The discussions took place with the General Manager. 8 As a partnership between the International Labor Organization and the International Finance Corporation, a member of the World Bank Group, Better Work brings together various groups - governments, global brands, plant owners, trade unions and workers - to improve Work in apparel industry and make the sector more competitive. CORE DONORS TO BETTER WORK Netherlands Ministry of Foreign Affairs Swiss State Secretariat for Economics Affairs Ministry of Foreign Affairs of Denmark The Government of Australia Represented by the Department of Foreign Affairs and Trade (DFAT) The US Department of Labor Funding is also provided by DFID, Government of France, Government of Canada, Irish Aid, GMAC, Royal Government of Cambodia and private sector donors,including The Walt Disney Company, Levi Strauss Foundation, Gap Inc. and FUNG (1937) Management Ltd